SB44: Bill Text

SB44,88,4 16.406 Request to issue certain general obligation debt. Annually, on or before September 1, but not after 2005, the department shall prepare an estimate of the net balances of the general fund for the fiscal year corresponding with the year in which the department makes an estimate under this section. Copies of the estimates shall be provided to the cochairpersons of the joint committee on finance and to the legislative fiscal bureau. If the estimated net general fund balance for the fiscal year, as certified by the department, is less than the estimated net general fund balance for that fiscal year as shown in the most recent schedule under s. 20.005 (1), the secretary of administration may request that the building commission refund the whole or any part of any unpaid indebtedness used to finance tax-supported or self-amortizing facilities from moneys appropriated under s. 20.866 (2) (xe).

SB44, s. 168 Section 168. 16.412 of the statutes is amended to read:

SB44,88,10 16.412 Agency payments. At the request of any agency, the secretary, with the approval of the state treasurer, may authorize the processing of specified regular periodic payments through the use of money transfer techniques including, without limitation because of enumeration, direct deposit, electronic funds transfer, and automated clearinghouse procedures.

SB44, s. 169 Section 169 . 16.415 (1) of the statutes is amended to read:

SB44,88,23 16.415 (1) Neither the secretary nor any other fiscal officer of this state may draw, sign, or issue, or authorize the drawing, signing , or issuing of any warrant on the treasurer or other disbursing officer of the state to pay any compensation to any person in the classified service of the state unless an estimate, payroll, or account for such compensation, containing the names of every person to be paid, bears the certificate of the appointing authority that each person named in the estimate, payroll or account has been appointed, employed, or subject to any other personnel transaction in accordance with, and that the pay for the person has been established in accordance with, the law, compensation plan, or applicable collective bargaining agreement, and applicable rules of the secretary of employment relations and the administrator of the division of merit recruitment and selection in the department of employment relations then in effect.

SB44, s. 170 Section 170 . 16.415 (1) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,89,11 16.415 (1) Neither the secretary nor any other fiscal officer of this state may draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on the treasurer or other any disbursing officer of the state to pay any compensation to any person in the classified service of the state unless an estimate, payroll, or account for such compensation, containing the names of every person to be paid, bears the certificate of the appointing authority that each person named in the estimate, payroll, or account has been appointed, employed, or subject to any other personnel transaction in accordance with, and that the pay for the person has been established in accordance with, the law, compensation plan, or applicable collective bargaining agreement, and applicable rules of the administrator of the division of merit recruitment and selection in the department then in effect.

SB44, s. 171 Section 171. 16.415 (3) of the statutes is amended to read:

SB44,89,25 16.415 (3) Any sums paid contrary to this section may be recovered from any appointing authority making such appointments in contravention of law or of the rules promulgated pursuant thereto, or from any appointing authority signing or countersigning or authorizing the signing or countersigning of any warrant for the payment of the same, or from the sureties on the official bond of any such appointing authority, in an action in the circuit court for any county within the state, maintained by the secretary of employment relations administration, or by a citizen resident therein, who is assessed for, and liable to pay, or within one year before the commencement of the action has paid, a state, city or county tax within this state. All moneys recovered in any action brought under this section when collected, shall be paid into the state treasury except that if a citizen taxpayer is plaintiff in any such action he or she shall be entitled to receive for personal use the taxable cost of such action and 5% of the amount recovered as attorney fees.

SB44, s. 172 Section 172. 16.43 of the statutes is amended to read:

SB44,90,10 16.43 Budget compiled. The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof. The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 22.13 16.976.

SB44, s. 173 Section 173. 16.50 (1) (b) of the statutes is amended to read:

SB44,90,13 16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and (r), 20.835, and 20.865 (4).

SB44, s. 174 Section 174. 16.50 (3) of the statutes is amended to read:

SB44,91,20 16.50 (3) Limitation on increase of force and salaries. No department, except the legislature or the courts, may increase the pay of any employee, expend money or incur any obligation except in accordance with the estimate that is submitted to the secretary as provided in sub. (1) and approved by the secretary or the governor. No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or (2), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n) or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p). The secretary may withhold, in total or in part, the funding for any position, as defined in s. 230.03 (11), as well as the funding for part-time or limited term employees until such time as the secretary determines that the filling of the position or the expending of funds is consistent with s. 16.505 and with the intent of the legislature as established by law or in budget determinations, or the intent of the joint committee on finance in creating or abolishing positions under s. 13.10, the intent of the governor in creating or abolishing positions under s. 16.505 (1) (c) or (2) or the intent of the board of regents of the University of Wisconsin System in creating or abolishing positions under s. 16.505 (2m) or (2p). Until the release of funding occurs, recruitment or certification for the position may not be undertaken. The secretary shall submit a quarterly report to the joint committee on finance of any position changes made by the governor under s. 16.505 (1) (c). No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V of ch. 111. At the request of the secretary of employment relations, the The secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the secretary of employment relations determines that temporary positions are necessary to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult. Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

SB44, s. 175 Section 175. 16.502 of the statutes is created to read:

SB44,92,2 16.502 Calculation of positions. In any report prepared by the department that calculates the number of positions, as defined in s. 230.03 (11), the department shall separately calculate and present in the report the University of Wisconsin Hospitals and Clinics Board's positions; positions of the board of regents of the University of Wisconsin System funded by gifts, grants, auxiliary enterprises revenue, or federal revenue; and all remaining positions in state government.

SB44, s. 176 Section 176. 16.505 (1) (intro.) of the statutes is amended to read:

SB44,92,6 16.505 (1) (intro.) Except as provided in subs. (2), (2d), (2m), (2n), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

SB44, s. 177 Section 177. 16.505 (2d) of the statutes is created to read:

SB44,92,25 16.505 (2d) The department of revenue may request the governor to create a full-time equivalent position or portion thereof funded from gross lottery revenues, as defined in s. 25.75 (1) (b), in the department of revenue to perform services relating to the state lottery that are not performed by one or more persons under contract with the department of administration. Upon receiving such a request, the governor may change the authorized level of full-time equivalent positions funded from such revenues in the department of revenue in accordance with this subsection. The governor may approve a different authorized level of positions than is requested. If the governor proposes to change the number of full-time equivalent positions, the governor shall notify the joint committee on finance in writing of his or her proposed action. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action within 14 working days after the date of the governor's notification, the position changes may be made as proposed by the governor. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made under this subsection only upon approval of the committee.

SB44, s. 178 Section 178. 16.52 (6) (a) of the statutes is amended to read:

SB44,93,10 16.52 (6) (a) Except as authorized in s. 16.74, all purchase orders, contracts, or printing orders for any agency, as defined in s. 16.70 (1) (1e), shall, before any liability is incurred thereon, be submitted to the secretary for his or her approval as to legality of purpose and sufficiency of appropriated and allotted funds therefor. In all cases the date of the contract or order governs the fiscal year to which the contract or order is chargeable, unless the secretary determines that the purpose of the contract or order is to prevent lapsing of appropriations or to otherwise circumvent budgetary intent. Upon such approval, the secretary shall immediately encumber all contracts or orders, and indicate the fiscal year to which they are chargeable.

SB44, s. 179 Section 179. 16.52 (10) of the statutes is amended to read:

SB44,93,15 16.52 (10) Department of public instruction. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriation appropriations under s. 20.255 (2) (ac) and (r).

SB44, s. 180 Section 180. 16.523 of the statutes is created to read:

SB44,93,25 16.523 Purchase of bonds issued by Badger Tobacco Asset Securitization Corporation; revenue obligations. (1) There is established a tobacco settlement bond purchase program, to be administered by the department, to purchase any bonds issued by Badger Tobacco Asset Securitization Corporation. The legislature finds and determines that the tobacco settlement bond purchase program is likely to produce sufficient net income to pay when due the principal of and interest on revenue obligations issued by the state to make the purchase and, thereby, constitutes a revenue-producing enterprise or program, as defined in s. 18.52 (6).

SB44,94,10 (2) The net proceeds of revenue obligations issued under subch. II of ch. 18, as authorized under this section, shall be deposited in a fund in the state treasury, or an account maintained by a trustee, created under s. 18.57 (1). The moneys shall be applied for ancillary payments and the provision of reserves, as determined by the building commission, and for the purchase by the department of any bonds issued by Badger Tobacco Asset Securitization Corporation, as determined by the department, and any remainder shall be paid into a tobacco settlement bond purchase program redemption fund created under s. 18.561 (5) or the tobacco settlement bond purchase program repayment fund, or both, as provided in the authorizing resolution.

SB44,94,14 (3) The department shall have all powers necessary and convenient to distribute the revenues from the tobacco settlement bond purchase program and the proceeds of the revenue obligations issued under this section in accordance with subch. II of ch. 18.

SB44,94,18 (4) The department may enter into agreements with the federal government or its agencies, political subdivisions of this state, individuals, or private entities to insure, or in any other manner provide, additional security for the revenue obligations issued under this section.

SB44,94,23 (5) (a) Subject to the limitation under par. (b), the building commission may contract revenue obligations under this section in the maximum amount that the building commission believes can be fully paid on a timely basis from moneys received or anticipated to be received from the tobacco settlement bond purchase program.

SB44,95,3 (b) The requirements for funds for the tobacco settlement bond purchase program to be paid from revenue obligations issued under this section shall be determined by the secretary of administration, but shall not exceed $1,600,000,000 to purchase, acquire, conduct, control, operate, or manage the tobacco settlement bond purchase program.

SB44,95,8 (6) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations under this section or in other agreements with the owners of revenue obligations, each issue of revenue obligations under this section shall be on a parity with every other revenue obligation issued under this section and in accordance with subch. II of ch. 18.

SB44,95,14 (7) As determined by the building commission, any moneys deposited into the tobacco settlement bond purchase program repayment fund that are not required for paying principal of and premium, if any, and interest on revenue obligations and providing for reserves and for ancillary payments authorized to be paid from such moneys are transferred in equal amounts to the tobacco control fund and to the general fund.

SB44,95,21 (8) Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if the funds in the tobacco settlement bond purchase program repayment fund are insufficient to pay the principal of and interest on the revenue obligations issued under subch. II of ch. 18 pursuant to this section, the legislature shall make an appropriation from the general fund sufficient to pay the principal of and interest on the obligations or to replenish a reserve fund, if applicable.

SB44, s. 181 Section 181. 16.526 of the statutes is created to read:

SB44,96,6 16.526 Payment of the state's unfunded prior service liability under the Wisconsin Retirement System; revenue obligations. (1) For purposes of subch. II of ch. 18, the purpose of paying of the state's unfunded prior service liability under s. 40.05 (2) (b) is a special fund program, and the excise tax fund is a special fund. The legislature finds and determines that the excise tax fund is a segregated fund consisting of fees, penalties, or excise taxes and that the special program to pay the state's unfunded prior service liability under s. 40.05 (2) (b) from the net proceeds of revenue obligations issued under this section is appropriate and will serve a public purpose.

SB44,96,14 (2) The net proceeds of revenue obligations issued under subch. II of ch. 18, as authorized under this section, shall be deposited in a fund in the state treasury, or an account maintained by a trustee, created under s. 18.57 (1). The moneys shall be applied for ancillary payments and for the provision of reserves, as determined by the building commission, and for the payment of part or all of the state's unfunded prior service liability under s. 40.05 (2) (b), as determined by the department, and any remainder shall be paid into a prior service liability obligation redemption fund created under 18.562 (3).

SB44,96,17 (3) The department shall have all powers necessary and convenient to distribute the excise tax fund revenues and to distribute the proceeds of the revenue obligations issued under this section in accordance with subch. II of ch. 18.

SB44,96,21 (4) The department may enter into agreements with the federal government or its agencies, political subdivisions of this state, individuals, or private entities to insure, or in any other manner provide, additional security for the revenue obligations issued under this section.

SB44,96,25 (5) (a) Subject to the limitation under par. (b), the building commission may contract revenue obligations, payable from the excise tax fund, under this section in the maximum amount that the building commission believes can be fully paid on a timely basis from moneys received or anticipated to be received in the excise tax fund.

SB44,97,4 (b) The requirements for funds used for the payment of the state's unfunded prior service liability under s. 40.05 (2) (b) that are to be paid from revenue obligations issued under this section shall be determined by the secretary, but shall not exceed $750,000,000.

SB44,97,9 (6) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations under this section or in other agreements with the owners of revenue obligations, each issue of revenue obligations under this section shall be on a parity with every other revenue obligation issued under this section and in accordance with subch. II of ch. 18.

SB44,97,13 (7) As determined by the building commission, any moneys deposited in the excise tax fund that are not required for the retirement of revenue obligations and providing for reserves and for ancillary payments authorized to be paid from such moneys are transferred to the general fund.

SB44,97,19 (8) Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if the funds in the excise tax fund are insufficient to pay the principal of and interest on the revenue obligations issued under subch. II of ch. 18 pursuant to this section, the legislature shall make an appropriation from the general fund sufficient to pay the principal and interest on the obligations or to replenish a reserve fund, if applicable.

SB44, s. 182 Section 182. 16.527 of the statutes is created to read:

SB44,98,4 16.527 Retirement of state's unfunded prior service liability under the Wisconsin Retirement System; appropriation obligations. (1) Legislative finding and determination. Recognizing that the state, by prepaying part or all of the state's unfunded prior service liability under s. 40.05 (2) (b), may reduce its costs and better ensure the timely and full payment of retirement benefits to participants and their beneficiaries under the Wisconsin Retirement System, the legislature finds and determines that it is in the public interest for the state to issue appropriation obligations to pay part or all of the state's unfunded prior service liability under s. 40.05 (2) (b).

SB44,98,5 (2) Definitions. In this section:

SB44,98,7 (a) "Appropriation obligation" means an undertaking by the state to repay a certain amount of borrowed money that is all of the following:

SB44,98,9 1. Payable from moneys annually appropriated by law for debt service due with respect to such undertaking in that year.

SB44,98,11 2. Used for the purpose of paying part or all of the state's unfunded prior service liability under s. 40.05 (2) (b).

SB44,98,12 3. Not public debt under s. 18.01 (4).

SB44,98,14 (b) "Evidence of appropriation obligation" means a written promise to pay an appropriation obligation.

SB44,98,16 (c) "Refunding obligation" means an appropriation obligation contracted to fund or refund all or any part of one or more outstanding appropriation obligations.

SB44,98,19 (3) Authorization of appropriation obligations. (a) The department shall have all powers necessary and convenient to carry out its duties, and exercise its authority, under this section.

SB44,98,21 (b) 1. Subject to the limitation under subd. 2., the department may contract appropriation obligations of the state under this section.

SB44,99,5 2. Appropriation obligations issued under this section may not exceed $750,000,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the department may contract appropriation obligations as the department determines is desirable to fund or refund outstanding appropriation obligations issued under this section, to pay issuance or administrative expenses, to make deposits to reserve funds, to pay accrued or funded interest, to pay the costs of credit enhancement, or to make payments under other agreements entered into under sub. (4) (e).

SB44,99,13 (4) Terms. (a) Money may be borrowed and evidences of appropriation obligation issued therefor pursuant to one or more written authorizing certifications under sub. (5), unless otherwise provided in the certification, at any time, 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 that the department considers necessary or useful. Appropriation obligations may bear interest at variable or fixed rates, bear no interest, or bear interest payable only at maturity or upon redemption prior to maturity.

SB44,99,16 (b) The department may authorize evidences of appropriation obligation having any provisions for prepayment considered necessary or useful, including the payment of any premium.

SB44,99,22 (c) Interest shall cease to accrue on an appropriation obligation on the date that the obligation becomes due for payment if payment is made or duly provided for, but the obligation and accrued interest shall continue to be a binding obligation according to its terms until 6 years overdue for payment, or such longer period as may be required by federal law. At that time, unless demand for its payment has been made, it shall be extinguished and considered no longer outstanding.

SB44,99,25 (d) All money borrowed by the state pursuant to evidences of appropriation obligation issued under this section shall be lawful money of the United States, and all appropriation obligations shall be payable in such money.

SB44,100,9 (e) At the time of, or in anticipation of, contracting for the appropriation obligations and at any time thereafter so long as the appropriation obligations are outstanding, the department may enter into agreements and ancillary arrangements relating to the appropriation obligations, including trust indentures, liquidity facilities, remarketing or dealer agreements, letter of credit agreements, insurance policies, guaranty agreements, reimbursement agreements, indexing agreements, or interest exchange agreements. Any payments made or received pursuant to any such agreement or ancillary arrangement shall be made from or deposited into a program revenue appropriation account in the general fund.

SB44,100,17 (f) All evidences of appropriation obligation owned or held by any state fund are outstanding in all respects and the state agency controlling the fund shall have the same rights with respect to an evidence of appropriation obligation as a private party, but if any sinking fund acquires evidences of appropriation obligation that gave rise to such fund, the obligations are considered paid for all purposes and no longer outstanding and shall be canceled as provided in sub. (8) (e). All evidences of appropriation obligation owned by any state fund shall be registered to the fullest extent registrable.

SB44,100,22 (g) The state shall not be generally liable on evidences of appropriation obligation and evidences of appropriation obligation shall not be a debt of the state for any purpose whatsoever. Evidences of appropriation obligation, including the principal thereof and interest thereon, shall be payable only from amounts that the legislature may, from year to year, appropriate for the payment thereof.

SB44,101,4 (5) Procedures. (a) No evidence of appropriation obligation may be issued by the state unless the issuance is pursuant to a written authorizing certification. The certification shall set forth the aggregate principal amount of appropriation obligations authorized thereby, the manner of sale of the evidences of appropriation obligation, and the form and terms thereof. The certification shall be signed by the secretary, or his or her designee, and shall be transmitted to the governor and the state treasurer.

SB44,101,11 (b) Appropriation obligations may be sold at either public or private sale and may be sold at any price or percentage of par value. The department may provide in any authorizing certification for refunding obligations under sub. (7) that they be exchanged privately in payment and discharge of any of the outstanding obligations being refinanced. All appropriation obligations sold at public sale shall be noticed as provided in the authorizing certification. Any bid received at public sale may be rejected.

SB44,101,15 (6) Form. (a) Evidences of appropriation obligation may be in the form of bonds, notes, or other evidences of obligation, and may be issued in book-entry form or in certificated form. Notwithstanding s. 403.104 (1), every evidence of appropriation obligation is a negotiable instrument.

SB44,101,24 (b) Every evidence of appropriation obligation shall be executed in the name of and for the state by the governor and the state treasurer and shall be sealed with the great seal of the state or a facsimile thereof. The facsimile signature of either the governor or state treasurer, or both, may be imprinted in lieu of the manual signature of such officer, as the department directs, if approved by such officer. An evidence of appropriation obligation bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid notwithstanding that before or after the delivery thereof such person ceased to hold such office.

SB44,102,4 (c) Every evidence of appropriation obligation shall be dated not later than the date issued, shall contain a reference by date to the appropriate authorizing certification, shall state the limitation established in sub. (4) (g), and shall be in accordance with the authorizing certification.

SB44,102,7 (d) An evidence of appropriation obligation shall be in such form and contain such statements or terms as determined by the department, and may not conflict with law or with the appropriate authorizing certification.

SB44,102,20 (7) Refunding obligations. (a) 1. The department may authorize the issuance of appropriation obligation refunding obligations. Refunding obligations may be issued, subject to any contract rights vested in owners of obligations being refinanced, to refinance all or any part of one or more issue of obligations notwithstanding that the obligations may have been issued at different times. The principal amount of the refunding obligations may not exceed the sum of: the principal amount of the obligations being refinanced; applicable redemption premiums; unpaid interest on the obligations to the date of delivery or exchange of the refunding obligations; in the event the proceeds are to be deposited in trust as provided in par. (c), interest to accrue on the obligations from the date of delivery to the date of maturity or to the redemption date selected by the department, whichever is earlier; and the expenses incurred in the issuance of the refunding obligations and the payment of the obligations.

SB44,102,23 2. A determination by the department that a refinancing is advantageous or that any of the amounts provided subd. 1. should be included in the refinancing shall be conclusive.

SB44,103,11 (b) If the department determines to exchange refunding obligations, they may be exchanged privately for and in payment and discharge of any of the outstanding obligations being refinanced. Refunding obligations may be exchanged for such principal amount of the obligations being exchanged therefor as may be determined by the department to be necessary or advisable. The owners of the obligations being refunded who elect to exchange need not pay accrued interest on the refunding obligations if and to the extent that interest is accrued and unpaid on the obligations being refunded and to be surrendered. If any of the obligations to be refinanced are to be called for redemption, the department shall determine which redemption dates are to be used, if more than one date is applicable and shall, prior to the issuance of the refunding obligations, provide for notice of redemption to be given in the manner and at the times required by the certification authorizing the outstanding obligations.

SB44,103,16 (c) 1. The principal proceeds from the sale of any refunding obligations shall be applied either to the immediate payment and retirement of the obligations being refinanced or, if the obligations have not matured and are not presently redeemable, to the creation of a trust for and shall be pledged to the payment of the obligations being refinanced.

SB44,104,10 2. If a trust is created, a separate deposit shall be made for each issue of appropriation obligations being refinanced. Each deposit shall be with the state treasurer or a bank or trust company that is a member of the Federal Deposit Insurance Corporation. If the total amount of any deposit, including money other than sale proceeds but legally available for such purpose, is less than the principal amount of the obligations being refinanced and for the payment of which the deposit has been created and pledged, together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption, then the application of the sale proceeds shall be legally sufficient only if the money deposited is invested in securities issued by the United States or one of its agencies, or securities fully guaranteed by the United States, and only if the principal amount of the securities at maturity and the income therefrom to maturity will be sufficient and available, without the need for any further investment or reinvestment, to pay at maturity or upon redemption the principal amount of the obligations being refinanced together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption. The income from the principal proceeds of the securities shall be applied solely to the payment of the principal of and interest and redemption premiums on the obligations being refinanced, but provision may be made for the pledging and disposition of any surplus.

SB44,104,16 3. Nothing in this paragraph may be construed as a limitation on the duration of any deposit in trust for the retirement of obligations being refinanced that have not matured and that are not presently redeemable. Nothing in this paragraph may be construed to prohibit reinvestment of the income of a trust if the reinvestments will mature at such times that sufficient cash will be available to pay interest, applicable premiums, and principal on the obligations being refinanced.

SB44,105,3 (8) Fiscal regulations. (a) The state treasurer shall act as registrar for each evidence of appropriation obligation. No transfer of a registered evidence of appropriation obligation is valid unless made on a register maintained by the state treasurer, and the state may treat the registered owner as the owner of the instrument for all purposes. Payments of principal and interest shall be by electronic funds transfer, check, share draft, or other draft to the registered owner at the owner's address as it appears on the register, unless the department has otherwise provided. Information in the register is not available for inspection and copying under s. 19.35 (1). The department may make any other provision respecting registration as it considers necessary or useful. The state treasurer may enter into a contract for the performance of any of his or her functions relating to appropriation obligations.

SB44,105,8 (b) The state treasurer, or the treasurer's agent, shall maintain records containing a full and correct description of each evidence of appropriation obligation issued, identifying it, and showing its date, issue, amount, interest rate, payment dates, payments made, registration, destruction, and every other relevant transaction.

SB44,105,21 (c) The secretary may appoint one or more trustees and fiscal agents for each issue of appropriation obligations. The state treasurer may be denominated the trustee and the sole fiscal agent or a cofiscal agent for any issue of appropriation obligations. Every other fiscal agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust company business. There may be deposited with a trustee, in a special account, moneys to be used only for the purposes expressly provided in the certification authorizing the issuance of evidences of appropriation obligation or an agreement between the department and the trustee. The department may make other provisions respecting trustees and fiscal agents as the department considers necessary or useful and may enter into a contract with any trustee or fiscal agent containing such terms, including compensation, and conditions in regard to the trustee or fiscal agent as the department considers necessary or useful.

SB44,106,5 (d) If any evidence of appropriation obligation is destroyed, lost, or stolen, the department shall execute and deliver a new evidence of appropriation obligation, upon filing with the department evidence satisfactory to the department that the evidence of appropriation obligation has been destroyed, lost, or stolen, upon providing proof of ownership thereof, and upon furnishing the department with indemnity satisfactory to it and complying with such other rules of the department and paying any expenses that the department or the state treasurer may incur. The department shall cancel the evidences of appropriation obligation surrendered to the department.

SB44,106,10 (e) Unless otherwise directed by the department, every evidence of appropriation obligation paid or otherwise retired shall be marked "canceled" and delivered, through the state treasurer if delivered to a fiscal agent other than the state treasurer, to the state auditor who shall destroy them and deliver to the state treasurer a certificate to that effect.

SB44,106,13 (9) Appropriation obligations as legal investments. Any of the following may legally invest any sinking funds, moneys, or other funds belonging to them or under their control in any appropriation obligations issued under this section:

SB44,106,15 (a) The state, the investment board, public officers, municipal corporations, political subdivisions, and public bodies.

SB44,106,19 (b) Banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business.

SB44,106,20 (c) Personal representatives, guardians, trustees, and other fiduciaries.

SB44,106,24 (10) Moral obligation pledge. Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that it shall make timely appropriations from moneys in the general fund that are sufficient to pay the principal and interest due with respect to any appropriation obligations in any year.

SB44, s. 183 Section 183. 16.53 (1) (d) 1. of the statutes is amended to read:

SB44,107,5 16.53 (1) (d) 1. The secretary, with the approval of the joint committee on employment relations, shall fix the time, except as provided in ss. 106.21 (9) (c) and s. 106.215 (10) (c), and frequency for payment of salaries due elective and appointive officers and employees of the state. As determined under this subdivision, the salaries shall be paid either monthly, semimonthly or for each 2-week period.