SB40,824,25 22(3) Report. By January 31st of each year, the clerk of courts for each county
23shall report to the state public defender the total amount of reimbursements ordered
24under sub. (1) in the previous calendar year and the total amount of reimbursements
25paid to the clerk under sub. (2) in the previous year.
SB40, s. 1836
1Section 1836. 55.10 (4) (a) of the statutes is amended to read:
SB40,825,202 55.10 (4) (a) Counsel; costs . The individual sought to be protected has the right
3to counsel whether or not the individual is present at the hearing on the petition.
4The court shall require representation by full legal counsel whenever the petition
5alleges that the individual is not competent to refuse psychotropic medication under
6s. 55.14, the individual sought to be protected requested such representation at least
772 hours before the hearing, the guardian ad litem or any other person states that
8the individual sought to be protected is opposed to the petition, or the court
9determines that the interests of justice require it. If the individual sought to be
10protected or any other person on his or her behalf requests but is unable to obtain
11legal counsel, the court shall appoint refer the individual to the state public defender
12as provided under s. 55.105 for appointment of
legal counsel. Counsel shall be
13provided at public expense, as provided under s. 967.06 and ch. 977, if the individual
14is indigent. If the individual sought to be protected is an adult who is indigent, and
15if counsel was not appointed under s. 977.08, the county in which the hearing is held
16is liable for any fees due the individual's legal counsel.
If the individual sought to
17be protected is represented by counsel appointed under s. 977.08 in a proceeding for
18the appointment of a guardian under s. 880.33 ch. 54, the court shall order the
19counsel appointed under s. 977.08 to represent under this section the individual
20sought to be protected.
SB40, s. 1837 21Section 1837. 55.105 of the statutes is created to read:
SB40,826,2 2255.105 Appointment of counsel. (1) In any situation under this chapter in
23which an adult individual has a right to be represented by legal counsel, the
24individual shall be referred as soon as practicable to the state public defender, who

1shall appoint counsel for the individual under s. 977.08 without a determination of
2indigency.
SB40,826,5 3(2) In any situation under this chapter in which a minor has a right to be
4represented by legal counsel, legal counsel for the minor shall be appointed as
5provided in s. 48.23 (4).
SB40,826,8 6(3) Notwithstanding subs. (1) and (2), an individual subject to proceedings
7under this chapter is entitled to retain counsel of his or her own choosing at his or
8her own expense.
SB40, s. 1838 9Section 1838. 55.107 of the statutes is created to read:
SB40,826,19 1055.107 Reimbursement of counsel provided by the state. (1) At or after
11the conclusion of a proceeding under this chapter in which the state public defender
12has provided legal counsel for an adult individual, the court may inquire as to the
13individual's ability to reimburse the state for all or part of the cost of representation.
14If the court determines that the individual is able to make reimbursement for all or
15part of the cost of representation, the court may order the individual to reimburse
16the state an amount not to exceed the maximum amount established by the public
17defender board under s. 977.075 (4). Upon the court's request, the state public
18defender shall conduct a determination of indigency under s. 977.07 and report the
19results of the determination to the court.
SB40,827,2 20(2) Reimbursement ordered under this section shall be made to the clerk of
21courts of the county where the proceedings took place. The clerk of courts shall
22transmit payments under this section to the county treasurer, who shall deposit 25
23percent of the payment amount in the county treasury and transmit the remainder
24to the secretary of administration. Payments transmitted to the secretary of

1administration shall be deposited in the general fund and credited to the
2appropriation account under s. 20.550 (1) (L).
SB40,827,6 3(3) By January 31st of each year, the clerk of courts for each county shall report
4to the state public defender the total amount of reimbursements ordered under sub.
5(1) in the previous calendar year and the total amount of reimbursements paid to the
6clerk under sub. (2) in the previous year.
SB40, s. 1839 7Section 1839. 55.135 (1) of the statutes is amended to read:
SB40,828,48 55.135 (1) If, upon a credible report to or, from personal observation of, or a
9reliable report made by a person who identifies himself or herself to, a sheriff, police
10officer, fire fighter, guardian, if any, or authorized representative of a county
11department or an agency with which it contracts under s. 55.02 (2), it appears
12probable that an individual is so totally incapable of providing for his or her own care
13or custody as to create a substantial risk of serious physical harm to himself or herself
14or others as a result of developmental disabilities, degenerative brain disorder,
15serious and persistent mental illness, or other like incapacities if not immediately
16placed, the individual under this paragraph who received the credible report or who
17personally made the observation or to whom the report is made may take into custody
18and transport the individual to an appropriate medical or protective placement
19facility. The person making emergency protective placement shall prepare a
20statement at the time of detention providing specific factual information concerning
21the person's observations or reports made to the person and the basis for emergency
22placement. The statement shall be filed with the director of the facility and with any
23petition under s. 55.075. At the time of emergency protective placement the
24individual shall be informed by the director of the facility or the director's designee,
25orally and in writing, of his or her right to contact an attorney and a member of his

1or her immediate family and the right to have an attorney provided at public
2expense, as provided under s. 967.06 and ch. 977, if the individual is a minor or is
3indigent
s. 55.105. The director or designee shall also provide the individual with
4a copy of the statement by the person making emergency protective placement.
SB40, s. 1840 5Section 1840. 55.14 (7) of the statutes is amended to read:
SB40,828,96 55.14 (7) Upon the filing of a petition under this section, the court shall appoint
7make a referral for appointment of legal counsel as provided under s. 55.105. A
8petition under this section shall be heard under s. 55.10 (4) (a) s. 55.06 within 30 days
9after it is filed.
SB40, s. 1841 10Section 1841. 55.15 (7) (cm) of the statutes is amended to read:
SB40,828,1411 55.15 (7) (cm) The court shall appoint counsel for refer the individual under
12protective placement for appointment of legal counsel as provided under s. 55.105 if
13the individual, the individual's guardian ad litem, or anyone on the individual's
14behalf requests that counsel be appointed for the individual,.
SB40, s. 1842 15Section 1842. 55.18 (3) (c) (intro.) of the statutes is amended to read:
SB40,828,1916 55.18 (3) (c) (intro.) The court shall order legal counsel for refer an individual
17and, if the individual appears to be indigent, refer him or her to the authority for
18indigency determinations under s. 977.07 (1)
for appointment of legal counsel under
19s. 55.105
if any of the following apply:
SB40, s. 1843 20Section 1843. 55.19 (3) (c) (intro.) of the statutes is amended to read:
SB40,828,2421 55.19 (3) (c) (intro.) The court shall order legal counsel for refer an individual
22and, if the individual appears to be indigent, refer him or her to the authority for
23indigency determinations under s. 977.07 (1)
for appointment of legal counsel under
24s. 55.105
if any of the following apply:
SB40, s. 1844 25Section 1844. 59.22 (2) (c) 2. of the statutes is amended to read:
SB40,829,5
159.22 (2) (c) 2. No action of the board may be contrary to or in derogation of the
2rules of the department of workforce development children and families under s.
349.78 (4) to (7) relating to employees administering old-age assistance, aid to
4families with dependent children, aid to the blind, or aid to totally and permanently
5disabled persons or ss. 63.01 to 63.17.
SB40, s. 1845 6Section 1845. 59.40 (2) (p) of the statutes is amended to read:
SB40,829,117 59.40 (2) (p) Cooperate with the department of workforce development children
8and families
with respect to the child and spousal support and establishment of
9paternity and medical support liability program under ss. 49.22 and 59.53 (5), and
10provide that department with any information from court records which it requires
11to administer that program.
SB40, s. 1846 12Section 1846. 59.52 (4) (a) 18. of the statutes is amended to read:
SB40,829,2313 59.52 (4) (a) 18. Case records and other record material of all public assistance
14that are kept as required under ch. 49, if no payments have been made for at least
153 years and if a face sheet or similar record of each case and a financial record of all
16payments for each aid account are preserved in accordance with rules adopted by the
17department of health and family services or by the department of workforce
18development
children and families. If the department of health and family services
19or the department of workforce development children and families has preserved
20such case records and other record material on computer disc or tape or similar
21device, a county may destroy the original records and record material under rules
22adopted by the department that has preserved those case records or other record
23material.
SB40, s. 1847 24Section 1847. 59.53 (3) of the statutes is amended to read:
SB40,830,2
159.53 (3) Community action agencies. The board may appropriate funds for
2promoting and assisting any community action agency under s. 46.30 49.265.
SB40, s. 1848 3Section 1848 . 59.53 (5) (a) of the statutes is amended to read:
SB40,830,194 59.53 (5) (a) The board shall contract with the department of workforce
5development
children and families to implement and administer the child and
6spousal support and establishment of paternity and the medical support liability
7programs provided for by Title IV of the federal social security act. The board may
8designate by board resolution any office, officer, board, department , or agency, except
9the clerk of circuit court, as the county child support agency. The board or county
10child support agency shall implement and administer the programs in accordance
11with the contract with the department of workforce development children and
12families
. The attorneys responsible for support enforcement under sub. (6) (a),
13circuit court commissioners, and all other county officials shall cooperate with the
14county and the department of workforce development children and families as
15necessary to provide the services required under the programs. The county shall
16charge the fee established by the department of workforce development children and
17families
under s. 49.22 for services provided under this paragraph to persons not
18receiving benefits under s. 49.148 or 49.155 or assistance under s. 46.261 48.645,
1949.19, or 49.47.
SB40, s. 1849 20Section 1849 . 59.53 (5) (a) of the statutes, as affected by 2007 Wisconsin Act
21.... (this act), is amended to read:
SB40,831,1122 59.53 (5) (a) The board shall contract with the department of children and
23families to implement and administer the child and spousal support and
24establishment of paternity and the medical support liability programs provided for
25by Title IV of the federal social security act. The board may designate by board

1resolution any office, officer, board, department or agency, except the clerk of circuit
2court, as the county child support agency. The board or county child support agency
3shall implement and administer the programs in accordance with the contract with
4the department of children and families. The attorneys responsible for support
5enforcement under sub. (6) (a), circuit court commissioners and all other county
6officials shall cooperate with the county and the department of children and families
7as necessary to provide the services required under the programs. The county shall
8charge the fee established by the department of children and families under s. 49.22
9for services provided under this paragraph to persons not receiving benefits under
10s. 49.148 or 49.155 or assistance under s. 48.645, 49.19, or 49.46, 49.465, 49.47,
1149.471, or 49.472
.
SB40, s. 1850 12Section 1850. 59.53 (5) (b) of the statutes is amended to read:
SB40,831,2213 59.53 (5) (b) The county child support agency under par. (a) shall electronically
14enter into the statewide data system related to child and spousal support payments
15that is operated by the department of workforce development children and families
16the terms of any order made or judgment granted in the circuit court of the county
17requiring payments under s. 948.22 (7) or ch. 767 or 769 that are directed under s.
18767.57 (1) to be paid to the department of workforce development children and
19families
or its designee. The county child support agency shall enter the terms of any
20such order or judgment within the time required by federal law and shall enter
21revisions ordered by the court to any order or judgment the terms of which are
22maintained on the data system.
SB40, s. 1851 23Section 1851. 59.605 (1) (a) of the statutes is amended to read:
SB40,832,224 59.605 (1) (a) "Debt levy" means the county purpose levy for debt service on
25loans under subch. II of ch. 24, bonds issued under s. 67.05 and, promissory notes

1issued under s. 67.12 (12), and appropriation bonds issued under s. 59.85, less any
2revenues that abate the levy.
SB40, s. 1852 3Section 1852. 59.69 (15) (intro.) of the statutes is amended to read:
SB40,832,94 59.69 (15) Community and other living arrangements. (intro.) For purposes
5of this section, the location of a community living arrangement for adults, as defined
6in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743
7(1),
a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in
8s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any municipality,
9shall be subject to the following criteria:
SB40, s. 1853 10Section 1853. 59.69 (15) (c) of the statutes is amended to read:
SB40,832,1611 59.69 (15) (c) Where If the community living arrangement has capacity for 8
12or fewer persons being served by the program, meets the criteria listed in pars. (a)
13and (b), and is licensed, operated, or permitted under the authority of the department
14of health and family services or the department of children and families, that facility
15is entitled to locate in any residential zone, without being required to obtain special
16zoning permission except as provided in par. (i).
SB40, s. 1854 17Section 1854. 59.69 (15) (d) of the statutes is amended to read:
SB40,833,218 59.69 (15) (d) Where If the community living arrangement has capacity for 9
19to 15 persons being served by the program, meets the criteria listed in pars. (a) and
20(b), and is licensed, or operated, or permitted under the authority of the department
21of health and family services or the department of children and families, the facility
22is entitled to locate in any residential area except areas zoned exclusively for
23single-family or 2-family residences, except as provided in par. (i), but is entitled to
24apply for special zoning permission to locate in those areas. The municipality may

1grant special zoning permission at its discretion and shall make a procedure
2available to enable such facilities to request such permission.
SB40, s. 1855 3Section 1855. 59.69 (15) (e) of the statutes is amended to read:
SB40,833,104 59.69 (15) (e) Where If the community living arrangement has capacity for
5serving 16 or more persons, meets the criteria listed in pars. (a) and (b), and is
6licensed, operated, or permitted under the authority of the department of health and
7family services or the department of children and families, that facility is entitled to
8apply for special zoning permission to locate in areas zoned for residential use. The
9municipality may grant special zoning permission at its discretion and shall make
10a procedure available to enable such facilities to request such permission.
SB40, s. 1856 11Section 1856. 59.69 (15) (f) of the statutes is amended to read:
SB40,833,1912 59.69 (15) (f) The department of health and family services shall designate a
13single subunit within the that department to maintain appropriate records
14indicating the location and the capacity of each community living arrangement for
15adults
, and the information shall be available to the public. The department of
16children and families shall designate a single subunit within that department to
17maintain appropriate records indicating the location and the capacity of each
18community living arrangement for children, and the information shall be available
19to the public.
SB40, s. 1857 20Section 1857. 59.69 (15) (h) of the statutes is amended to read:
SB40,833,2321 59.69 (15) (h) The attorney general shall take action, upon the request of the
22department of health and family services or the department of children and families,
23to enforce compliance with this subsection.
SB40, s. 1858 24Section 1858. 59.85 of the statutes is created to read:
SB40,834,2
159.85 Appropriation bonds for payment of employee retirement
2system liability in populous counties.
(1) Definitions. In this section:
SB40,834,53 (a) "Appropriation bond" means a bond issued by a county to evidence its
4obligation to repay a certain amount of borrowed money that is payable from all of
5the following:
SB40,834,76 1. Moneys annually appropriated by law for debt service due with respect to
7such appropriation bond in that year.
SB40,834,88 2. Proceeds of the sale of such appropriation bonds.
SB40,834,109 3. Payments received for that purpose under agreements and ancillary
10arrangements described in s. 59.86.
SB40,834,1111 4. Investment earnings on amounts in subds. 1. to 3.
SB40,834,1212 (b) "Board" means the county board of supervisors in any county.
SB40,834,1413 (c) "Bond" means any bond, note, or other obligation of a county issued under
14this section.
SB40,834,1515 (d) "County" means any county having a population of 500,000 or more.
SB40,834,1716 (e) "Refunding bond" means an appropriation bond issued to fund or refund all
17or any part of one or more outstanding appropriation bonds.
SB40,834,24 18(1m) Legislative finding and determination. Recognizing that a county, by
19prepaying part or all of the county's unfunded prior service liability with respect to
20an employee retirement system of the county, may reduce its costs and better ensure
21the timely and full payment of retirement benefits to participants and their
22beneficiaries under the employee retirement system, the legislature finds and
23determines that it is in the public interest for the county to issue appropriation bonds
24to obtain proceeds to pay its unfunded prior service liability.
SB40,835,3
1(2) Authorization of appropriation bonds. (a) A board shall have all powers
2necessary and convenient to carry out its duties, and to exercise its authority, under
3this section.
SB40,835,114 (b) Subject to pars. (c) and (d), a county may issue appropriation bonds under
5this section to pay all or any part of the county's unfunded prior service liability with
6respect to an employee retirement system of the county, or to fund or refund
7outstanding appropriation bonds issued under this section. A county may use
8proceeds of appropriation bonds to pay issuance or administrative expenses, to make
9deposits to reserve funds, to pay accrued or funded interest, to pay the costs of credit
10enhancement, to make payments under other agreements entered into under s.
1159.86, or to make deposits to stabilization funds established under s. 59.87.
SB40,835,1312 (c) Other than refunding bonds issued under sub. (6), all bonds must be issued
13simultaneously.
SB40,835,2514 (d) 1. Before a county may issue appropriation bonds under par. (b), its board
15shall enact an ordinance that establishes a 5-year strategic and financial plan
16related to the payment of all or any part of the county's unfunded prior service
17liability with respect to an employee retirement system of the county. The strategic
18and financial plan shall provide that future annual pension liabilities are funded on
19a current basis. The strategic and financial plan shall contain quantifiable
20benchmarks to measure compliance with the plan. The board shall make a
21determination that the ordinance meets the requirements of this subdivision and,
22absent manifest error, the board's determination shall be conclusive. The board shall
23submit to the governor and to the chief clerk of each house of the legislature, for
24distribution to the legislature under s. 13.172 (2), a copy of the strategic and financial
25plan.
SB40,836,3
12. Annually, the county shall submit to the governor and to the chief clerk of
2each house of the legislature, for distribution to the legislature under s. 13.172 (2),
3a report that includes all of the following:
SB40,836,54 a. The county's progress in meeting the benchmarks in the strategic and
5financial plan.
SB40,836,66 b. Any proposed modifications to the plan.
SB40,836,77 c. The status of any stabilization fund that is established under s. 59.87 (3).
SB40,836,98 d. The most current actuarial report related to the county's employee
9retirement system.
SB40,836,17 10(3) Terms. (a) A county may borrow moneys and issue appropriation bonds in
11evidence of the borrowing pursuant to one or more written authorizing resolutions
12under sub. (4). Unless otherwise provided in an authorizing resolution, the county
13may issue appropriation bonds at any time, in any specific amounts, at any rates of
14interest, for any term, payable at any intervals, at any place, in any manner, and
15having any other terms or conditions that the board considers necessary or desirable.
16Appropriation bonds may bear interest at variable or fixed rates, bear no interest,
17or bear interest payable only at maturity or upon redemption prior to maturity.
SB40,836,2018 (b) The board may authorize appropriation bonds having any provisions for
19prepayment the board considers necessary or desirable, including the payment of
20any premium.
SB40,836,2321 (c) Interest shall cease to accrue on an appropriation bond on the date that the
22appropriation bond becomes due for payment if payment is made or duly provided
23for.
SB40,837,3
1(d) All moneys borrowed by a county that is evidenced by appropriation bonds
2issued under this section shall be lawful money of the United States, and all
3appropriation bonds shall be payable in such money.
SB40,837,94 (e) All appropriation bonds owned or held by a fund of the county are
5outstanding in all respects and the board or other governing body controlling the
6fund shall have the same rights with respect to an appropriation bond as a private
7party, but if any sinking fund acquires appropriation bonds that gave rise to such
8fund, the appropriation bonds are considered paid for all purposes and no longer
9outstanding and shall be canceled as provided in sub. (7) (d).
SB40,837,1410 (f) A county shall not be generally liable on appropriation bonds, and
11appropriation bonds shall not be a debt of the county for any purpose whatsoever.
12Appropriation bonds, including the principal thereof and interest thereon, shall be
13payable only from amounts that the board may, from year to year, appropriate for the
14payment thereof.
SB40,837,21 15(4) Procedures. (a) No appropriation bonds may be issued by a county unless
16the issuance is pursuant to a written authorizing resolution adopted by a majority
17of a quorum of the board. The resolution may be in the form of a resolution or trust
18indenture, and shall set forth the aggregate principal amount of appropriation bonds
19authorized thereby, the manner of their sale, and the form and terms thereof. The
20resolution or trust indenture may establish such funds and accounts, including a
21reserve fund, as the board determines.
SB40,837,2522 (b) Appropriation bonds may be sold at either public or private sale and may
23be sold at any price or percentage of par value. All appropriation bonds sold at pubic
24sale shall be noticed as provided in the authorizing resolution. Any bid received at
25pubic sale may be rejected.
SB40,838,3
1(5) Form. (a) As determined by the board, appropriation bonds may be issued
2in book-entry form or in certificated form. Notwithstanding s. 403.104 (1), every
3evidence of appropriation bond is a negotiable instrument.
SB40,838,114 (b) Every appropriation bond shall be executed in the name of and for the
5county by the chairperson of the board and county clerk, and shall be sealed with the
6seal of the county, if any. Facsimile signatures of either officer may be imprinted in
7lieu of manual signatures, but the signature of at least one such officer shall be
8manual. An appropriation bond bearing the manual or facsimile signature of a
9person in office at the same time the signature was signed or imprinted shall be fully
10valid notwithstanding that before or after the delivery of such appropriation bond
11the person ceased to hold such office.
SB40,838,1512 (c) Every appropriation bond shall be dated not later than the date it is issued,
13shall contain a reference by date to the appropriate authorizing resolution, shall
14state the limitation established in sub. (3) (f), and shall be in accordance with the
15appropriate authorizing resolution in all respects.
SB40,838,1816 (d) An appropriation bond shall be substantially in such form and contain such
17statements or terms as determined by the board, and may not conflict with law or
18with the appropriate authorizing resolution.
SB40,839,11 19(6) Refunding bonds. (a) 1. A board may authorize the issuance of refunding
20appropriation bonds. Refunding appropriation bonds may be issued, subject to any
21contract rights vested in owners of the appropriation bonds being refunded, to refund
22all or any part of one or more issues of appropriation bonds notwithstanding that the
23appropriation bonds may have been issued at different times or issues of general
24obligation promissory notes under s. 67.12 (12) were issued to pay unfunded prior
25service liability with respect to an employee retirement system. The principal

1amount of the refunding appropriation bonds may not exceed the sum of: the
2principal amount of the appropriation bonds or general obligation promissory notes
3being refunded; applicable redemption premiums; unpaid interest on the refunded
4appropriation bonds or general obligation promissory notes to the date of delivery or
5exchange of the refunding appropriation bonds; in the event the proceeds are to be
6deposited in trust as provided in par. (c), interest to accrue on the appropriation
7bonds or general obligation promissory notes to be refunded from the date of delivery
8to the date of maturity or to the redemption date selected by the board, whichever
9is earlier; and the expenses incurred in the issuance of the refunding appropriation
10bonds and the payment of the refunded appropriation bonds or general obligation
11promissory notes.
SB40,839,1412 2. A board may authorize the issuance of general obligation promissory notes
13under s. 67.12 (12) (a) to refund appropriation bonds, notwithstanding s. 67.01 (9)
14(intro.).
SB40,840,315 (b) If a board determines to exchange refunding appropriation bonds, they may
16be exchanged privately for, and in payment and discharge of, any of the outstanding
17appropriation bonds being refunded. Refunding appropriation bonds may be
18exchanged for such principal amount of the appropriation bonds being exchanged
19therefor as may be determined by the board to be necessary or desirable. The owners
20of the appropriation bonds being refunded who elect to exchange need not pay
21accrued interest on the refunding appropriation bonds if and to the extent that
22interest is accrued and unpaid on the appropriation bonds being refunded and to be
23surrendered. If any of the appropriation bonds to be refunded are to be called for
24redemption, the board shall determine which redemption dates are to be used, if
25more than one date is applicable and shall, prior to the issuance of the refunding

1appropriation bonds, provide for notice of redemption to be given in the manner and
2at the times required by the resolution authorizing the appropriation bonds to be
3refunded.
SB40,840,94 (c) 1. The principal proceeds from the sale of any refunding appropriation bonds
5shall be applied either to the immediate payment and retirement of the
6appropriation bonds or general obligation promissory notes being refunded or, if the
7bonds or general obligation promissory notes have not matured and are not presently
8redeemable, to the creation of a trust for, and shall be pledged to the payment of, the
9appropriation bonds or general obligation promissory notes being refunded.
SB40,841,610 2. If a trust is created, a separate deposit shall be made for each issue of
11appropriation bonds or general obligation promissory notes being refunded. Each
12deposit shall be with a bank or trust company authorized by the laws of the United
13States or of a state in which it is located to conduct banking or trust company
14business. If the total amount of any deposit, including moneys other than sale
15proceeds but legally available for such purpose, is less than the principal amount of
16the appropriation bonds or general obligation promissory notes being refunded and
17for the payment of which the deposit has been created and pledged, together with
18applicable redemption premiums and interest accrued and to accrue to maturity or
19to the date of redemption, then the application of the sale proceeds shall be legally
20sufficient only if the moneys deposited are invested in securities issued by the United
21States or one of its agencies, or securities fully guaranteed by the United States, and
22only if the principal amount of the securities at maturity and the income therefrom
23to maturity will be sufficient and available, without the need for any further
24investment or reinvestment, to pay at maturity or upon redemption the principal
25amount of the appropriation bonds or general obligation promissory notes being

1refunded together with applicable redemption premiums and interest accrued and
2to accrue to maturity or to the date of redemption. The income from the principal
3proceeds of the securities shall be applied solely to the payment of the principal of
4and interest and redemption premiums on the appropriation bonds or general
5obligation promissory notes being refunded, but provision may be made for the
6pledging and disposition of any surplus.
SB40,841,137 3. Nothing in this paragraph may be construed as a limitation on the duration
8of any deposit in trust for the retirement of appropriation bonds or general obligation
9promissory notes being refunded that have not matured and that are not presently
10redeemable. Nothing in this paragraph may be constructed to prohibit reinvestment
11of the income of a trust if the reinvestments will mature at such times that sufficient
12moneys will be available to pay interest, applicable premiums, and principal on the
13appropriation bonds or general obligation promissory notes being refunded.
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