SB159,2,2
1An Act to renumber 18.52 (5) (c) and 18.56 (7) and (8);
to renumber and
2amend 18.52 (5) (intro.), 18.52 (5) (a), 18.52 (5) (b), 18.53 (3), 18.56 (1), 18.56
3(2) to (6), 18.56 (9) (intro.), 18.56 (9) (a) to (j), 18.56 (10), 18.57 (4), 18.60 (5) and
425.47;
to amend 13.485 (2), 18.51, 18.57 (1), 18.58 (1), 18.60 (1), 18.60 (2), 18.61
5(2), 18.61 (3) (a), 18.61 (3) (b) (intro.), 18.61 (3) (b) 1., 18.61 (3) (b) 3., 18.61 (3)
6(b) 4., 18.61 (3) (c), 18.61 (4), 20.143 (3) (v), 45.79 (9) (a), 84.59 (2), 85.52 (5) (c)
7and 281.59 (4) (b);
to repeal and recreate 18.57 (title); and
to create 18.52
8(2m) (intro.), 18.52 (7), 18.52 (8), 18.53 (3) (a) and (b), 18.561 (title), 18.561 (1),
918.561 (7) (title), 18.561 (8) (title), 18.561 (9) (k), 18.562, 18.60 (5) (a) to (c),
1020.143 (3) (s), 20.143 (3) (t), 20.143 (3) (u), 20.143 (3) (vb), 25.47 (5) and 101.143
11(9m) of the statutes;
relating to: authorizing revenue obligations to fund
12payment of claims under the petroleum storage remedial action program;
1authorizing a new type of revenue obligation; granting revenue bonding
2authority; granting rule-making authority; and making appropriations.
Analysis by the Legislative Reference Bureau
Under current law, the department of commerce administers a program to
reimburse owners of certain petroleum product storage tanks for a portion of the
costs of cleaning up discharges from those tanks. This program is commonly known
as PECFA.
This bill authorizes the issuance of revenue obligations, to be paid from
revenues deposited in the petroleum inspection fund, to fund the payment of claims
under the PECFA program. Revenue obligations issued under this bill may not
exceed $450,000,000 in principal amount. In addition to this limit on principal
amount, the bill authorizes the issuance of revenue obligations to fund or refund
these outstanding revenue obligations, to pay issuance or administrative expenses,
to make deposits to reserve funds or to pay accrued or capitalized interest. The
building commission may pledge any portion of revenues received from the proceeds
of the obligations or the petroleum inspection fund to secure revenue obligations
issued under this bill. The building commission may issue the revenue obligations
when it reasonably appears to the building commission that the obligations can be
fully paid on a timely basis from the petroleum inspection fund. The bill provides a
so-called "moral obligation pledge" which applies if the legislature reduces the rate
of the petroleum inspection fee. If the rate is reduced and there are insufficient funds
in the petroleum inspection fund to pay the principal and interest on the revenue
obligations, the legislature expresses its expectation and aspiration that it would
make an appropriation from the general fund sufficient to pay the principal and
interest on the obligations.
Under current law, the state may issue "revenue obligations" for certain
specified purposes. In general, a revenue obligation is an obligation that is: 1)
incurred to purchase, acquire, lease, construct, improve, operate or manage a
revenue-producing enterprise; and 2) repayable solely from, and secured solely by,
the property or income from the revenue-producing enterprise.
This bill broadens the definition of revenue obligation to allow revenue bonding
in situations which would not meet the current law definition of revenue obligation.
Under the bill, revenue obligations consist of two different types: enterprise
obligations and special fund obligations. The first type of revenue obligation, called
an enterprise obligation, includes all obligations authorized under current law; i.e.,
obligations that are incurred to purchase, acquire, lease, construct, improve, operate
or manage a revenue-producing enterprise and are repayable solely from, and
secured solely by, the property or income from that revenue-producing enterprise.
The definition of enterprise obligation under the bill is broader than the current law
definition of revenue obligation in that it eliminates the requirement that the bond
be repayable solely from, and be solely secured by, property or income from the
revenue-producing enterprise.
The second type of revenue obligation, a special fund obligation, is created by
the bill. Special fund obligations are an undertaking by the state to repay a certain
amount of borrowed money that is payable from a special fund consisting of fees,
penalties or excise taxes. The bill uses this second type of revenue obligation to
authorize the revenue obligation bonding for the PECFA program.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB159, s. 1
1Section
1. 13.485 (2) of the statutes is amended to read:
SB159,3,82
13.485
(2) The building commission may, under s.
18.56 18.561 (5) and (9) (j)
3or 18.562 (3) and (5) (e), deposit in a separate and distinct fund, outside the state
4treasury, in an account maintained by a trustee, fees and charges derived from the
5facilities or from agreements entered into under sub. (4). The fees and charges
6deposited are the trustee's moneys in accordance with the agreement between this
7state and the trustee or in accordance with the resolution pledging the fees and
8charges to the repayment of revenue obligations issued under this section.
SB159, s. 2
9Section
2. 18.51 of the statutes is amended to read:
SB159,3,14
1018.51 Provisions applicable. The following sections apply to this
11subchapter, except that all references to "public debt" or "debt"
are deemed shall be
12read to refer to a "revenue obligation"
and all references to "evidences of
13indebtedness" shall be read to refer to "evidences of revenue obligations": ss. 18.02,
1418.03, 18.06 (8), 18.07, 18.10 (1), (2), (4) to (9) and (11) and 18.17.
SB159, s. 3
15Section
3. 18.52 (2m) (intro.) of the statutes is created to read:
SB159,3,1716
18.52
(2m) (intro.) "Enterprise obligation" means every undertaking by the
17state to repay a certain amount of borrowed money that is all of the following:
SB159, s. 4
1Section
4. 18.52 (5) (intro.) of the statutes is renumbered 18.52 (5) and
2amended to read:
SB159,4,63
18.52
(5) "Revenue obligation" means
every undertaking by the state to repay
4a certain amount of borrowed money which is: an enterprise obligation or a special
5fund obligation. A revenue obligation may be both an enterprise obligation and a
6special fund obligation.
SB159, s. 5
7Section
5. 18.52 (5) (a) of the statutes is renumbered 18.52 (2m) (a) and
8amended to read:
SB159,4,119
18.52
(2m) (a) Created for the purpose of purchasing, acquiring, leasing,
10constructing, extending, expanding, adding to, improving, conducting, controlling,
11operating or managing a revenue-producing enterprise or program
;.
SB159, s. 6
12Section
6. 18.52 (5) (b) of the statutes is renumbered 18.52 (2m) (b) and
13amended to read:
SB159,4,1514
18.52
(2m) (b) Payable
solely from and secured
solely by the property or income
15or both of the enterprise or program
; and.
SB159, s. 7
16Section
7. 18.52 (5) (c) of the statutes is renumbered 18.52 (2m) (c).
SB159, s. 8
17Section
8. 18.52 (7) of the statutes is created to read:
SB159,4,1918
18.52
(7) "Special fund obligation" means every undertaking by the state to
19repay a certain amount of borrowed money that is all of the following:
SB159,4,2020
(a) Payable from a special fund consisting of fees, penalties or excise taxes.
SB159,4,2121
(b) Not public debt under s. 18.01 (4).
SB159, s. 9
22Section
9. 18.52 (8) of the statutes is created to read:
SB159,4,2523
18.52
(8) "Special fund program" means a state program or purpose with
24respect to which the legislature has determined that financing with special fund
25obligations is appropriate and will serve a public purpose.
SB159, s. 10
1Section
10. 18.53 (3) of the statutes is renumbered 18.53 (3) (intro.) and
2amended to read:
SB159,5,103
18.53
(3) (intro.) The commission shall authorize money to be borrowed and
4evidences of revenue obligation to be issued
therefor up to the amounts specified by
5the legislature to purchase, acquire, lease, construct, extend, expand, add to,
6improve, conduct, control, operate or manage such revenue-producing enterprises
7or programs as are specified by the legislature as the funds are required. The
8requirements for funds shall be established by the state department or agency head
9carrying out program responsibilities for which the revenue obligations have been
10authorized by the legislature
., but shall not exceed the following:
SB159, s. 11
11Section
11. 18.53 (3) (a) and (b) of the statutes are created to read:
SB159,5,1512
18.53
(3) (a) In the case of enterprise obligations, the amounts specified by the
13legislature to purchase, acquire, lease, construct, extend, expand, add to, improve,
14conduct, control, operate or manage such revenue-producing enterprises or
15programs as are specified by the legislature.
SB159,5,1716
(b) In the case of special fund obligations, the amount specified by the
17legislature for such expenditures to be paid from special fund obligations.
SB159, s. 12
18Section
12. 18.56 (1) of the statutes is renumbered 18.56 and amended to read:
SB159,6,5
1918.56 Revenue bonds
obligations. The commission may authorize, for any
20of the purposes described in s. 18.53 (3), the issuance of
revenue-obligation bonds 21revenue obligations. The
bonds
revenue obligations shall mature at any time not
22exceeding 50 years from the date thereof as the commission shall determine. The
23bonds revenue obligations shall be payable only out of the redemption fund provided
24under
sub. s. 18.561 (5)
or 18.562 (3) and each
bond revenue obligation shall contain
25on its face a statement to that effect.
Any such bonds A revenue obligation may
1contain a provision authorizing redemption, in whole or in part, at stipulated prices,
2at the option of the commission and shall provide the method of redeeming the
bonds.
3The state and a contracting party may provide in any contract for purchasing or
4acquiring a revenue-producing enterprise or program, that payment shall be made
5in such bonds revenue obligations.
SB159, s. 13
6Section
13. 18.56 (2) to (6) of the statutes are renumbered 18.561 (2) to (6) and
7amended to read:
SB159,7,158
18.561
(2) Security interests of owners of enterprise obligations. There
9shall be is a mortgage lien upon or security interest in the income and property of
10each revenue-producing enterprise or program
to for the benefit of the
holders 11owners of the related
bonds and to the holders of the coupons of the bonds. The note
12or other instrument evidencing the security interest of a bondholder in a loan made
13or purchased with revenue obligation bonds shall constitute a statutory lien on the
14revenue enterprise obligations. No physical delivery, recordation or other action is
15required to perfect the security interest. The
income and property of the 16revenue-producing enterprise or program shall remain subject to the lien until
17provision for payment in full of the principal and interest of the
bonds enterprise
18obligations has been made
, as provided in the authorizing resolution. Any
holder 19owner of such
bonds or attached coupons enterprise obligations may either at law or
20in equity protect and enforce the lien and compel performance of all duties required
21by this section. If there is any default in the payment of the principal or interest of
22any of such
bonds enterprise obligations, any court having jurisdiction of the action
23may appoint a receiver to administer the revenue-producing enterprise or program
24on behalf of the state and the
bondholders owners of the enterprise obligations, with
25power to charge and collect rates sufficient to provide for the payment of the
1operating expenses and also to pay any
bonds or
enterprise obligations outstanding
2against the revenue-producing enterprise or program, and to apply the income and
3revenues thereof in conformity with this subchapter and the authorizing resolution,
4or the court may declare the whole amount of the
bonds
enterprise obligations due
5and payable, if such relief is requested, and may order and direct the sale of the
6revenue-producing enterprise or program. Under any sale so ordered, the purchaser
7shall be vested with an indeterminate permit to maintain and operate the
8revenue-producing enterprise or program. The legislature may provide for
9additions, extensions and improvements to a revenue-producing enterprise or
10program to be financed by additional issues of
bonds
enterprise obligations as
11provided by this section. Such additional issues of
bonds enterprise obligations shall
12be subordinate to all prior related issues of
bonds
enterprise obligations which may
13have been made under this section, unless the legislature, in the statute authorizing
14the initial issue of
bonds enterprise obligations, permits the issue of additional
bonds 15enterprise obligations on a parity therewith.
SB159,8,4
16(3) Dedication of revenues. As accurately as possible in advance, the
17commission and the state department or agency carrying out program
18responsibilities for which
bonds enterprise obligations are to be issued shall
19determine, and the commission shall fix in the authorizing resolution for such
bonds 20enterprise obligations: the proportion of the revenues of the revenue-producing
21enterprise or program which shall be necessary for the reasonable and proper
22operation and maintenance thereof; the proportion of the revenues which shall be set
23aside as a proper and adequate replacement and reserve fund; and the proportion of
24the revenues which shall be set aside and applied to the payment of the principal and
25interest of the
bonds enterprise obligations, and shall provide that the revenues be
1set aside in separate funds. At any time after one year's operation, the state
2department or agency and the commission may recompute the proportion of the
3revenues which shall be assignable under this subsection based upon the experience
4of operation or upon the basis of further financing.
SB159,8,16
5(4) Replacement and reserve fund. The proportion set aside to the
6replacement and reserve fund shall be available and shall be used, whenever
7necessary, to restore any deficiency in the redemption fund for the payment of the
8principal and interest due on
bonds enterprise obligations and for the creation and
9maintenance of any reserves established by the authorizing resolution to secure such
10payments. At any time when the redemption fund is sufficient for said purposes,
11moneys in the replacement and reserve fund may, subject to available
12appropriations, be expended either in the revenue-producing enterprise or program
13or in new
acquisitions, constructions, extensions
or, additions
, expansions or
14improvements. Any accumulations of the replacement and reserve fund may be
15invested as provided in this subchapter, and if invested, the income from the
16investment shall be carried in the replacement and reserve fund.
SB159,9,4
17(5) Redemption fund. The proportion which shall be set aside for the payment
18of the principal and interest
of such bonds on the enterprise obligations shall from
19month to month as they accrue and are received, be set apart and paid into a separate
20fund in the treasury or in an account maintained by a trustee under sub. (9) (j) to be
21identified as "the ... redemption fund". Each redemption fund shall be expended, and
22all moneys from time to time on hand therein are irrevocably appropriated, in sums
23sufficient, only for the payment of principal and interest on the
revenue enterprise 24obligations giving rise to it and premium, if any, due upon
refunding redemption of
25any such obligations. Moneys in the redemption funds may be commingled only for
1the purpose of investment with other public funds, but they shall be invested only
2in investment instruments permitted in s. 25.17 (3) (dr). All such investments shall
3be the exclusive property of the fund and all earnings on or income from such
4investments shall be credited to the fund.
SB159,9,7
5(6) Redemption fund surplus. If any surplus is accumulated in any of the
6redemption funds, subject to any contract rights vested in
holders owners of
revenue 7enterprise obligations secured thereby, it shall be paid over to the treasury.
SB159, s. 14
8Section
14. 18.56 (7) and (8) of the statutes are renumbered 18.561 (7) and (8).
SB159, s. 15
9Section
15. 18.56 (9) (intro.) of the statutes is renumbered 18.561 (9) (intro.)
10and amended to read:
SB159,9,1911
18.561
(9) Authorizing resolution. (intro.) The commission may provide in
12the authorizing resolution for
bonds enterprise obligations or by subsequent action
13all things necessary to carry into effect this section. Any authorizing resolution shall
14constitute a contract with the
holder owners of any
bonds enterprise obligations 15issued pursuant to
such the resolution. Any authorizing resolution may contain such
16provisions or covenants, without limiting the generality of the power to adopt the
17resolution, as
is are deemed necessary or desirable for the security of
bondholders 18the owners of enterprise obligations or the marketability of the
bonds enterprise
19obligations, including
but not limited to provisions as to:
SB159, s. 16
20Section
16. 18.56 (9) (a) to (j) of the statutes are renumbered 18.561 (9) (a) to
21(j), and 18.561 (9) (i) and (j), as renumbered, are amended to read:
SB159,9,2222
18.561
(9) (i) Issuance of additional
bonds enterprise obligations.
SB159,9,2523
(j) Deposit of the proceeds of the sale of the
bonds
enterprise obligations or
24revenues of the revenue-producing enterprise or program in trust, including the
25appointment of depositories or trustees.
SB159, s. 17
1Section
17. 18.56 (10) of the statutes is renumbered 18.561 (10) and amended
2to read:
SB159,11,33
18.561
(10) Sinking fund. The authorizing resolution may set apart
bonds 4enterprise obligations the par value of which are equal to the principal amount of any
5secured obligation or charge subject to which a revenue-producing enterprise or
6program is to be purchased or acquired, and shall set aside in a sinking fund from
7the income of the revenue-producing enterprise or program, a sum sufficient to
8comply with the requirements of the instrument creating the security
, or if interest.
9If the instrument does not make any provision
therefor for a sinking fund, the
10resolution shall fix and determine the amount
which
that shall be set aside into
such 11the sinking fund from month to month for interest on the secured obligation or
12charge, and a fixed amount or proportion not exceeding a stated sum, which shall be
13not less than one percent of the principal, to be set aside into the fund to pay the
14principal of the secured obligation or charge. Any balance in the fund after satisfying
15the secured obligations or charge
, shall be transferred to the redemption fund.
Bonds 16Enterprise obligations set aside for the secured obligation or charge may, from time
17to time, be issued to an amount sufficient with the amount then in the sinking fund,
18to pay and retire the secured obligation or charge or any portion thereof. The
bonds 19enterprise obligation may be issued in exchange for or satisfaction of the secured
20obligation or charge, or may be sold in the manner provided in this subchapter, and
21the proceeds applied in payment of the same at maturity or before maturity by
22agreement with the
holder owner of the secured obligation or charge. The
23commission and the owners of any revenue-producing enterprise or program
24acquired or purchased may, upon such terms and conditions as are satisfactory,
25contract that
bonds enterprise obligations to provide for the discharge of the secured
1obligation or charge, or for the whole purchase price shall be deposited with a trustee
2or depository and released from the deposit from time to time on such terms and
3conditions as are necessary to secure the payment of the secured obligation or charge.
SB159, s. 18
4Section
18. 18.561 (title) of the statutes is created to read:
SB159,11,5
518.561 (title)
Enterprise obligations.
SB159, s. 19
6Section
19. 18.561 (1) of the statutes is created to read:
SB159,11,97
18.561
(1) Payment with revenue obligations. The state and a contracting
8party may provide, in any contract for purchasing or acquiring a revenue-producing
9enterprise or program, that payment shall be made in revenue obligations.
SB159, s. 20
10Section
20. 18.561 (7) (title) of the statutes is created to read:
SB159,11,1111
18.561
(7) (title)
Payment for services.
SB159, s. 21
12Section
21. 18.561 (8) (title) of the statutes is created to read:
SB159,11,1313
18.561
(8) (title)
Rates for services.
SB159, s. 22
14Section
22. 18.561 (9) (k) of the statutes is created to read:
SB159,11,1515
18.561
(9) (k) Defeasance of the obligations.
SB159, s. 23
16Section
23. 18.562 of the statutes is created to read:
SB159,12,2
1718.562 Special fund obligations. (1) Security interest in special fund. 18There is a security interest, for the benefit of the owners of the special fund
19obligations, in the amounts that arise after the creation of the special fund program
20in the special fund related to the special fund obligations. For this purpose, amounts
21in the special fund shall be accounted for on a first-in, first-out basis. No physical
22delivery, recordation or other action is required to perfect the security interest. The
23special fund shall remain subject to the security interest until provision for payment
24in full of the principal and interest of the special fund obligations has been made, as
25provided in the authorizing resolution. An owner of special fund obligations may
1either at law or in equity protect and enforce the security interest and compel
2performance of all duties required by this section.
SB159,12,8
3(2) Use of special fund moneys. The commission and the state agency carrying
4out the special fund program responsibilities shall jointly determine, and the
5commission shall fix in the authorizing resolution for the obligations, the conditions
6under which money in the special fund shall be set aside and applied to the payment
7of the principal and interest of the obligations, deposited in funds established under
8the authorizing resolution or made available for other purposes.
SB159,12,20
9(3) Redemption fund. The special fund revenues that are to be set aside for the
10payment of the principal and interest of the special fund obligations shall be paid into
11a separate fund in the treasury or in an account maintained by a trustee under sub.
12(5) (e) to be identified as "the ... redemption fund". Each redemption fund shall be
13expended, and all moneys from time to time on hand therein are irrevocably
14appropriated, in sums sufficient, only for the payment of principal and interest on
15the special fund obligations giving rise to it and premium, if any, due upon
16redemption of any such obligations. Moneys in the redemption funds may be
17commingled only for the purpose of investment with other public funds, but they
18shall be invested only in investment instruments permitted in s. 25.17 (3) (dr). All
19such investments shall be the exclusive property of the fund and all earnings on or
20income from such investments shall be credited to the fund.
SB159,12,23
21(4) Surplus. If any surplus is accumulated in any of the redemption funds,
22subject to contract rights vested in the owners of special fund obligations secured
23thereby, it shall be paid over to the treasury.
SB159,13,6
24(5) Authorizing resolution. The commission may provide in the authorizing
25resolution for special fund obligations or by subsequent action all things necessary
1to carry into effect this section. Any authorizing resolution shall constitute a
2contract with the owners of any special fund obligations issued pursuant to the
3resolution. An authorizing resolution may contain such provisions or covenants,
4without limiting the generality of the power to adopt the resolution, as are deemed
5necessary or desirable for the security of owners of the obligations or the
6marketability of the obligations, including provisions as to:
SB159,13,77
(a) Employment of consultants.
SB159,13,88
(b) Records and accounts.
SB159,13,99
(c) Establishment of reserve or other funds.
SB159,13,1010
(d) Issuance of additional obligations.
SB159,13,1211
(e) Deposit of the proceeds of the sale of the obligations or revenues of the
12special fund in trust, including the appointment of depositories or trustees.
SB159,13,1313
(f) Defeasance of the obligations.
SB159, s. 24
14Section
24. 18.57 (title) of the statutes is repealed and recreated to read:
SB159,13,15
1518.57 (title)
Funds established for revenue obligations.
SB159, s. 25
16Section
25. 18.57 (1) of the statutes is amended to read:
SB159,14,317
18.57
(1) A separate and distinct fund shall be established in the state treasury
18or in an account maintained by a trustee under s.
18.56 18.561 (9) (j) with respect to
19each revenue-producing enterprise or program the income from which is to be
20applied to the payment of any
revenue enterprise obligation.
A separate and distinct
21fund shall be established in the state treasury or in an account maintained by a
22trustee under s. 18.562 (5) (e) with respect to any special fund that is created by the
23imposition of fees, penalties or excise taxes and is applied to the payment of special
24fund obligations. All moneys resulting from the issuance of evidences of revenue
25obligation shall be credited to the appropriate fund or applied for refunding or note
1renewal purposes, except that moneys which represent premium or accrued interest
2received on the issuance of evidences shall be credited to the appropriate redemption
3fund.
SB159, s. 26
4Section
26. 18.57 (4) of the statutes is renumbered 18.57 (4) (intro.) and
5amended to read:
SB159,14,86
18.57
(4) (intro.) If, after all outstanding related revenue obligations have been
7paid or payment provided for, moneys remain in
any such a fund
, they created under
8sub. (1), all of the following shall occur:
SB159,14,11
9(a) If the fund created under sub. (1) is in an account maintained by a trustee
10under s. 18.561 (9) (j) or 18.562 (5) (e), the moneys shall be paid over to the treasury
11and the.
SB159,14,12
12(b) The fund
created under sub. (1) shall be closed.
SB159, s. 27
13Section
27. 18.58 (1) of the statutes is amended to read:
SB159,15,214
18.58
(1) Management of funds and records. All funds established under this
15subchapter which are deposited in the state treasury shall be managed as provided
16by law for other state funds, subject to any contract rights vested in
holders owners 17of evidences of revenue obligation secured by such fund. The department of
18administration shall maintain full and correct records of each fund. The legislative
19audit bureau shall audit each fund as of January 1 of each year reconciling all
20transactions and showing the fair market value of all property on hand. All records
21and audits shall be public documents. All funds established under this subchapter
22which are deposited with a trustee under s.
18.56
18.561 (9) (j)
or 18.562 (5) (e) shall
23be managed in accordance with resolutions authorizing the issuance of revenue
24obligations, agreements between the commission and the trustee and any contract
1rights vested in
holders of evidence owners of revenue obligations secured by such
2fund.
SB159, s. 28
3Section
28. 18.60 (1) of the statutes is amended to read:
SB159,15,204
18.60
(1) The commission may authorize, for any one or more of the purposes
5described in s. 18.53 (1), the issuance of revenue-obligation refunding bonds.
6Refunding bonds may be issued, subject to any contract rights vested in
holders 7owners of bonds or notes being refinanced, to refinance more than one issue of bonds
8or notes notwithstanding that the bonds or notes may have been issued at different
9times for different purposes and may be secured by the property or income of more
10than one enterprise or program or may be public debt or building-corporation
11indebtedness. The principal amount of refunding bonds shall not exceed the sum of:
12the principal amount of the bonds or notes being refinanced; applicable redemption
13premiums; unpaid interest on the bonds or notes to the date of delivery or exchange
14of the refunding bonds; in the event the proceeds are to be deposited in trust as
15provided in sub. (3), interest to accrue on the bonds or notes from the date of delivery
16to the date of maturity or to the redemption date selected by the commission,
17whichever is earlier; and the expenses incurred in the issuance of the refunding
18bonds and the payment of the bonds or notes. A determination by the commission
19that a refinancing is advantageous or that any of the amounts provided in the
20preceding sentence should be included in the refinancing shall be conclusive.
SB159, s. 29
21Section
29. 18.60 (2) of the statutes is amended to read:
SB159,16,1222
18.60
(2) If the commission determines to exchange refunding bonds, they may
23be exchanged privately for and in payment and discharge of any of the outstanding
24bonds or notes being refinanced. Refunding bonds may be exchanged for a like or
25greater principal amount of the bonds or notes being exchanged therefor except that
1the principal amount of the refunding bonds may exceed the principal amount of the
2bonds or notes being exchanged therefor only to the extent determined by the
3commission to be necessary or advisable to pay redemption premiums and unpaid
4interest to the date of exchange not otherwise provided for. The
holders owners of
5the bonds or notes being refunded who elect to exchange need not pay accrued
6interest on the refunding bonds if and to the extent that interest is accrued and
7unpaid on the bonds or notes being refunded and to be surrendered. If any of the
8bonds or notes to be refinanced are to be called for redemption, the commission shall
9determine which redemption dates shall be used, if more than one date is applicable
10and shall, prior to the issuance of the refunding bonds, provide for notice of
11redemption to be given in the manner and at the times required by the proceedings
12authorizing the outstanding bonds or notes.
SB159, s. 30
13Section
30. 18.60 (5) of the statutes is renumbered 18.60 (5) (intro.) and
14amended to read:
SB159,16,1815
18.60
(5) (intro.) All
of the following provisions
of s. 18.56 that are not
16inconsistent with the express provisions of this section shall apply to refunding
17bonds
, except that the maximum permissible term shall be 50 years from the date
18of original issue of the oldest note or bond issue being refunded
.: