18.70
18.70
Provisions applicable. The following sections apply to this subchapter, except that all references to "public debt", "debt" or "revenue obligation" are deemed to refer to "operating notes", all references to "evidence of indebtedness" are deemed to refer to "evidence of operating note", and all references to "evidences of indebtedness" are deemed to refer to "evidences of operating notes":
ss. 18.03,
18.06 (8),
18.07,
18.10 (1),
(2),
(4) to
(9) and
(11),
18.17,
18.52 (1),
18.58 (2),
18.61 (1),
18.62 and
18.63.
18.70 History
History: 1983 a. 3;
1991 a. 39.
18.71
18.71
Definitions. In this subchapter, unless the context requires otherwise:
18.71(1)
(1) "Commission" means the building commission.
18.71(2)
(2) "Department" means the department of administration.
18.71(3)
(3) "Evidence of operating note" means a written promise to pay an operating note.
18.71(4)
(4) "Operating note" means every undertaking of the state to repay a certain amount of a financial obligation which is:
18.71(4)(a)
(a) Created for the purpose of funding operating deficits of the state as determined under
s. 16.405 (1), which must be repaid not later than the last day of the fiscal year during which the operating note is issued;
18.71(4)(b)
(b) Payable from and secured solely by revenues pledged by the commission and the department pursuant to the authorizing resolution provided that all such pledged revenues must first be available for the payment of public debt; and
18.71 Annotation
Operating notes that are short-term borrowings to be repaid in the current year from tax collections that are in the process of collection, are not public debt under Art. XI, s.3. State ex rel. La Follette v. Stitt,
114 Wis. 2d 358,
338 N.W.2d 684 (1983).
18.72
18.72
Purposes of operating notes. 18.72(1)
(1) The commission may authorize financial obligations to be incurred and evidences of operating notes to be issued therefor in an amount sufficient to fund or refund the whole or any part of any operating note issued under this subchapter. However, no operating notes originally issued in a fiscal year may be funded or refunded by proceeds of an operating note to mature in a later fiscal year.
18.72(2)
(2) The commission may authorize financial obligations to be incurred and evidences of operating notes to be issued therefor to fund operating deficits as moneys are required. The requirements for moneys shall be established by the department.
18.72(3)
(3) Each purpose specified in
subs. (1) and
(2) may include the expenses of issuance of the operating notes and reserves securing the operating notes.
18.72(4)
(4) No operating note issued under this section may have a maturity date later than the last day of the fiscal year during which the operating note is issued.
18.72 History
History: 1983 a. 3;
1985 a. 29.
18.725
18.725
Limit on amount of operating notes. The building commission may not sell operating notes under
s. 18.73 (2) at any time if the amount of operating notes to be sold at that time plus the amount of operating notes outstanding at that time exceed 10% of the amounts shown in the schedule under
s. 20.005 (3) of appropriations of general purpose revenues, as defined in
s. 20.001 (2) (a), plus the amounts shown in the schedule of appropriations of program revenues, as defined in
s. 20.001 (2) (b), both calculated as of that time and for that fiscal year.
18.725 History
History: 1985 a. 29.
18.73(1)(1)
Authorizing resolution. No financial obligations may be incurred under this subchapter nor may any evidence of operating notes be issued by the state except upon submission of a request by the department under
s. 16.405 and pursuant to an authorizing resolution of the commission. Each authorizing resolution shall state each purpose of the operating notes it authorizes, which need not be more specific but may not be more general than those purposes provided in or pursuant to law, and the maximum principal amount of the operating notes. The operating notes may be designated by any name as determined by the commission.
18.73(2)
(2) Sale. Operating notes may be sold at either public or private sale. The commission may provide in an authorizing resolution for the refunding of operating notes, for their exchange privately, in payment and discharge of any of the outstanding operating notes being refunded. All operating notes sold at public sale shall be noticed as provided in the authorizing resolution. Any bids received at public sale may be rejected.
18.73(4)
(4) Exercise of authority. Financial obligations may be incurred and evidences of operating notes issued therefor pursuant to one or more authorizing resolutions, unless otherwise provided in the resolution or in this subchapter, at any time and from time to time, for any combination of purposes, in any specific amounts, at any rates of interest, for any term, payable at any intervals, at any place, in any manner and having any other terms or conditions deemed necessary or useful. Unless sooner exercised or unless a shorter period is provided in the resolution, every authorizing resolution shall expire 3 months after the date of its adoption.
18.74
18.74
Application of operating note proceeds. All moneys resulting from the contracting of operating notes shall be credited to the general fund, except that moneys which represent premium and accrued interest on operating notes, or moneys for purposes of funding or refunding operating notes pursuant to
s. 18.72 (1) shall be credited to the operating note redemption fund.
18.74 History
History: 1983 a. 3.
18.75
18.75
Operating note redemption fund. 18.75(1)
(1) When operating notes are authorized, there shall be established in the state treasury or with a trustee if so required in the authorizing resolution, an operating note redemption fund separate and distinct from every other fund, which may contain separate and distinct accounts for each particular operating note issue.
18.75(2)
(2) The operating note redemption fund shall be expended and all moneys from time to time on hand therein are irrevocably appropriated, in sums sufficient, only for the payment of principal and interest on operating notes giving rise to it and premium, if any, due upon refunding or early redemption of such operating notes.
18.75(3)
(3) Moneys of the operating note redemption fund may be commingled only for the purpose of investment with other public funds, but they may be invested only as provided in the authorizing resolution. All such reinvestments shall be the exclusive property of such fund and all earnings on or income from such investments shall be used in meeting principal and interest payments on operating notes issued.
18.75(4)
(4) There shall be transferred, under
s. 20.855 (1) (a), a sum sufficient for the payment of the principal, interest and premium due, if any, on the operating notes giving rise to it as the same falls due. Such transfers shall be so timed that there is at all times on hand in the fund an amount not less than the amount to be paid out of it during the ensuing 30 days or such other period if so provided for in the authorizing resolution. The commission may pledge the deposit of additional amounts at periodic intervals and the secretary of the department may impound moneys of the general fund, including moneys temporarily reallocated from other funds under
s. 20.002 (11), in accordance with the pledge of revenues in the authorizing resolution, and all such impoundments are deemed to be payments for purposes of
s. 16.53 (10), but no such impoundment may be made until the amounts to be paid into the bond security and redemption fund under
s. 18.09 during the ensuing 30 days have been deposited in the bond security and redemption fund.
18.75 History
History: 1983 a. 3;
1985 a. 29 s.
3202 (56).
18.76
18.76
Suits against the state. 18.76(1)
(1)
In general. This section governs all civil claims, suits, proceedings and actions respecting operating notes notwithstanding any contrary provision of the statutes.
18.76(2)
(2) To recover an operating note. If the state fails to pay any operating note in accordance with its terms, an action to compel such payment may be commenced against the state in accordance with
s. 801.02. The plaintiff shall serve an authenticated copy of the summons and complaint on the attorney general by leaving the copies at the attorney general's office in the capitol with an assistant or clerk. The place of trial of such an action shall be as provided in
s. 801.50.
18.76(3)
(3) Judgment. Sections 16.007 and
775.01 do not apply to such claims for payment of operating notes. If there is final judgment against the state in such an action, it shall be paid as provided in
s. 775.04 together with interest thereon at the rate of 10% per year from the date the payment was judged to have been due until the date of payment of the judgment.
18.76 History
History: 1983 a. 3;
1983 a. 228 s.
16.
18.77
18.77
Minority financial advisers and investment firms. 18.77(1)(1) In this section, "minority financial adviser" and "minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of commerce under
s. 560.036 (2).
18.77(2)
(2) Except as provided under
sub. (7), in contracting operating notes by competitive sale, the commission shall ensure that at least 6% of total operating note indebtedness contracted in each fiscal year is underwritten by minority investment firms.
18.77(3)
(3) Except as provided under
sub. (7), in contracting operating notes by negotiated sale, the commission shall ensure that at least 6% of total operating note indebtedness contracted in each fiscal year is underwritten by minority investment firms.
18.77(4)
(4) Except as provided under
sub. (7), in contracting operating notes by competitive sale or negotiated sale, the commission shall ensure that at least 6% of the total moneys expended in such fiscal year for the services of financial advisers are expended for the services of minority financial advisers.
18.77(5)
(5) Except as provided under
sub. (7), an individual underwriter or syndicate of underwriters shall ensure that each bid or proposal, submitted by that individual or syndicate in a competitive or negotiated sale of an operating note, provides for a portion of sales to minority investment firms.
18.77(6)
(6) The commission shall annually report to the department of administration the total amount of operating note indebtedness contracted with the underwriting services of minority investment firms and the total amount of moneys expended for the services of minority financial advisers during the preceding fiscal year.
18.77(7)
(7) The requirements of any of
subs. (2) to
(5) do not apply to a contracting of operating notes, if the secretary of administration submits a report in writing to the joint committee on finance specifying the building commission's reasons for not complying with the requirements of any of
subs. (2) to
(5) for that contracting.
HIGHER EDUCATION BONDS
18.81
18.81
Definitions. In this subchapter:
18.81(1)
(1) "Commission" means the building commission.
18.81(2)
(2) "Eligible educational institution" means a regionally accredited, nonprofit, postsecondary educational institution.
18.81(3)
(3) "Higher education bond" means obligations designated by the commission under
s. 18.82.
18.81 History
History: 1989 a. 46.
18.82
18.82
Bond designation. The commission may designate any obligation authorized and issued under
subch. I or
II as a higher education bond.
18.82 History
History: 1989 a. 46.
18.822
18.822
Debt requirements. The authorizing resolution for an obligation under this subchapter shall require that all of the following conditions be met:
18.822(1)
(1) The terms of the obligation are structured to encourage ownership by as many individuals as possible.
18.822(2)
(2) The evidences of the obligation are issued in denominations of not more than $1,000.
18.822 History
History: 1989 a. 46.
18.83
18.83
Redemption. The commission may provide that higher education bonds may be presented for payment before maturity to any eligible educational institution for tuition, fees and other educationally related costs owed that eligible educational institution plus an allowance for other educationally related costs such as room and board, books and supplies and other miscellaneous expenses owed to any person except that eligible educational institution, subject to any requirement of the commission. The commission may treat higher education bonds presented for payment under this section as still outstanding, even though owned by the state, and the commission may resell such higher education bonds or fund or refund such higher education bonds through the issuance of other obligations. If obligations are issued to fund or refund such higher education bonds, such obligations shall be treated as issued for the purpose of funding, not refunding, for all purposes under this chapter and
ch. 20.
18.83 History
History: 1989 a. 46.
18.84
18.84
Schools as bond trustees or fiscal agents; contracts. Notwithstanding
s. 18.10 (8), the commission may designate any eligible educational institution as a trustee or fiscal agent for any issue of higher education bonds and may enter into any contract with any eligible educational institution to satisfy the purposes of this subchapter.
18.84 History
History: 1989 a. 46.
18.85
18.85
Facilities. The commission may enter into agreements and ancillary arrangements for public debt under this subchapter, including liquidity facilities, remarketing or dealer agreements, letter of credit agreements and line of credit agreements.
18.85 History
History: 1989 a. 46.
18.852(1)(1) The commission may establish any procedure necessary to administer this subchapter.
18.852(2)
(2) The sale of any bond, authorized and issued under
subch. I and designated by the commission under
s. 18.82 as a higher education bond, shall be private.
18.852 History
History: 1989 a. 46,
68,
359.
