SB40-ASA1,1337,1717
(c) An estimate, as to each affected property, of the assessment to be levied.
SB40-ASA1,1337,19
18(6) The officer or employee making the report under sub. (5) shall file a copy
19of the report with the authority for public inspection.
SB40-ASA1,1337,21
20(7) After the report has been filed under sub. (6), the authority shall publish
21a class 1 notice, under ch. 985, that describes all of the following:
SB40-ASA1,1337,2222
(a) The affected property that is proposed to be assessed.
SB40-ASA1,1337,2323
(b) The place and time at which the report may be inspected.
SB40-ASA1,1338,3
1(c) The place and time at which all interested persons or their agents or
2attorneys may appear before the authority and be heard concerning the matters
3contained in the preliminary resolution and the report.
SB40-ASA1,1338,6
4(8) The authority shall conduct a hearing concerning the levying of a proposed
5assessment not less than 10 days and not more than 40 days after publishing the
6notice under sub. (7).
SB40-ASA1,1338,10
7(9) After the hearing under sub. (8), the board may approve, disapprove, or
8modify the report under sub. (6) or it may refer the report to the designated officer
9or employee of the authority with directions to change the proposal to accomplish a
10fair and equitable assessment.
SB40-ASA1,1338,16
11(10) After approving a report under sub. (9), the authority shall adopt a
12resolution specifying the amount of the assessments, authorizing the issuance of
13bonds, and directing that the net proceeds of the bonds be paid as provided in s.
14279.06 (9) (a). The authority shall publish the resolution as a class 1 notice, under
15ch. 985. After publication of the resolution, the authority shall levy the assessments
16and issue the bonds.
SB40-ASA1,1339,3
17(11) If the actual waterway improvement costs to be paid from a bond issue vary
18materially from the estimates, if any assessment is invalid, or if the board decides
19to reopen and reconsider any assessment, it may, after publishing a class 1 notice,
20under ch. 985, that describes its proposed action and after a public hearing, adopt a
21resolution amending, canceling, or confirming the prior assessment. If an
22assessment is amended to provide for the refunding of bonds, all of the direct and
23indirect costs reasonably attributable to the refunding of the bonds may be included
24in the amended assessment. If moneys are returned to the authority under s. 279.06
25(9) (b), the authority may pay a portion of the outstanding bonds and reduce each
1assessment proportionately. The authority shall publish a class 1 notice, under ch.
2985, describing the resolution amending, canceling, or confirming the prior
3assessment.
SB40-ASA1,1339,7
4(12) After the 90th day after the day on which a bond is issued under this
5chapter, the bond is conclusive evidence of the legality of all proceedings up to and
6including the issuance of the bond and is prima facie evidence of the proper
7application of the proceeds of the bond.
SB40-ASA1,1339,11
8279.08 Bond security. (1) The authority may enter into a trust agreement
9or trust indenture between the authority and one or more corporate trustees for any
10bonds issued under this chapter. Any trust company or bank having the powers of
11a trust company may be a trustee.
SB40-ASA1,1339,24
12(2) The bond resolution providing for the issuance of bonds shall pledge the
13assessments to be received by the authority with respect to the bonds referred to in
14the bond resolution. The pledge is valid and binding from the time that the resolution
15is adopted. The revenues pledged are immediately subject to the lien of the pledge
16without any physical delivery or any further act. The lien is valid and binding as
17against all persons having claims in tort, contract, or otherwise against the
18authority, irrespective of whether the persons have notice of the lien. Neither the
19bond resolution nor any financing statement, continuation statement, or other
20instrument by which a pledge is created or by which the authority's interest in
21revenues is assigned need be filed or recorded in any public records in order to perfect
22the lien of the pledge as against 3rd parties, except that the authority shall file a copy
23of the instrument in the records of the authority and with the department of financial
24institutions.
SB40-ASA1,1340,6
1(3) A bond resolution may contain provisions for protecting and enforcing the
2rights and remedies of the bondholders that are reasonable and proper and not in
3violation of law. A bond resolution may restrict the individual right of action by
4bondholders. A bond resolution may contain any other provisions that are
5determined by the board to be reasonable and proper for the security of the
6bondholders.
SB40-ASA1,1340,10
7279.09 Refunding bonds. (1) The authority may issue bonds to refund any
8outstanding bond, including the payment of any redemption premium on the
9outstanding bond and any interest accrued or to accrue to the earliest or any
10subsequent date of redemption, purchase, or maturity.
SB40-ASA1,1340,16
11(2) The authority may apply the proceeds of any bond issued to refund any
12outstanding bond to the purchase, retirement at maturity, or redemption of the
13outstanding bond on the earliest or any subsequent redemption date, upon purchase,
14or at the maturity of the bond. The authority may, pending application of the
15proceeds, place the proceeds in escrow to be applied to the purchase, retirement at
16maturity, or redemption of any outstanding bond at any time.
SB40-ASA1,1340,23
17(3) If the authority determines that it is necessary to amend the prior
18assessments in connection with the issuance of refunding bonds under this section,
19it may reconsider and reopen the assessments as provided in s. 279.07 (11). If the
20assessments are amended, the refunding bonds shall be secured by, and be payable
21from, the assessments as amended. If the assessments are amended, all direct and
22indirect costs reasonably attributable to the refunding of the bonds may be included
23in the cost of the waterway improvements being financed.
SB40-ASA1,1340,25
24(4) All refunding bonds are subject to this chapter in the same manner and to
25the same extent as other bonds issued under this chapter.
SB40-ASA1,1341,7
1279.10 Bonds not public debt.
(1) The state is not liable on bonds of the
2authority and the bonds are not debt of the state. Each bond of the authority shall
3contain a statement to this effect on the face of the bond. The issuance of bonds under
4this chapter does not, directly, indirectly, or contingently, obligate the state or any
5political subdivision of the state to levy any tax or to make any appropriation for
6payment of the bonds. The authority may not pledge its full faith and credit to the
7payment of bonds issued under this chapter.
SB40-ASA1,1341,18
8(2) Nothing in this chapter authorizes the authority to create a debt of the state,
9and all bonds issued by the authority under this chapter are payable, and shall state
10that they are payable, solely from the special fund containing the assessments and
11other moneys pledged for their payment in accordance with the bond resolution
12authorizing their issuance or in any trust agreement or trust indenture entered into
13to provide terms and conditions for the bonds. The state is not liable for the payment
14of the principal of or interest on any bonds of the authority or for the performance
15of any pledge, obligation, or agreement that is undertaken by the authority. The
16breach of any pledge, obligation, or agreement undertaken by the authority does not
17impose any pecuniary liability upon the state or any charge upon its general credit
18or against its taxing power.
SB40-ASA1,1341,25
19279.11 State pledge. The state pledges to and agrees with the holders of bonds
20issued under this chapter, and with persons that enter into contracts with the
21authority under this chapter, that the state will not limit or alter the rights vested
22in the authority before the authority has fully met and discharged the bonds,
23including any interest due on the bonds, and has fully performed its contracts, unless
24adequate provision is made by law for the protection of the bondholders or persons
25entering into contracts with the authority.
SB40-ASA1,1342,7
1279.17 Trust funds. All moneys received by the authority, whether as
2proceeds from the sale of bonds or as assessments or fees, shall be considered to be
3trust funds to be held and applied solely as provided in this chapter. Any officer with
4whom, or any bank or trust company with which, those moneys are deposited shall
5act as trustee of the moneys and shall hold and apply the moneys for the purposes
6of this chapter, subject to any regulations that this chapter and the bond resolution
7authorizing the bonds of any issue provide.
SB40-ASA1,1342,22
8279.18 Rights of bondholders. Any holder of bonds issued under this
9chapter or trustee under a trust agreement, trust indenture, or deed of trust entered
10into under this chapter may, by any suitable form of legal proceedings, protect and
11enforce any rights under the laws of this state or granted by the bond resolution,
12except to the extent that the rights of the bondholder or trustee are restricted by the
13bond resolution. These rights include the right to compel the performance of all
14duties of the authority required by this chapter or the bond resolution; to enjoin
15unlawful activities; and in the event of default with respect to the payment of any
16principal of and the premium, if any, and interest on any bond or in the performance
17of any covenant or agreement on the part of the authority in the bond resolution, to
18apply to a court to appoint a receiver with full power to pay, and to provide for
19payment of, principal of and premium, if any, and interest on the bonds, and with the
20powers, subject to the direction of the court, as are permitted by law and are accorded
21receivers, excluding any power to pledge additional revenues of the authority to the
22payment of the principal, premium, and interest.
SB40-ASA1,1342,24
23279.19 Investment of funds. (1) The authority may invest any funds in any
24of the following:
SB40-ASA1,1343,3
1(a) Bonds, notes, certificates of indebtedness, treasury bills, or other securities
2constituting direct obligations of the United States or obligations the principal and
3interest of which are guaranteed by the United States.
SB40-ASA1,1343,54
(b) Certificates of deposit or time deposits constituting direct obligations of any
5bank that are insured by the federal deposit insurance corporation.
SB40-ASA1,1343,76
(c) Certificates of deposit constituting direct obligations of any credit union that
7are insured by the national board, as defined in s. 186.01 (3m).
SB40-ASA1,1343,108
(d) Certificates of deposit constituting direct obligations of any savings and
9loan association or savings bank that are insured by the federal deposit insurance
10corporation.
SB40-ASA1,1343,1211
(e) Short-term discount obligations of the federal national mortgage
12association.
SB40-ASA1,1343,1313
(f) Any of the investments provided under s. 66.0603 (1m) (a).
SB40-ASA1,1343,15
14(2) Any securities described in sub. (1) may be purchased at the offering or
15market price of the securities at the time of purchase.
SB40-ASA1,1343,21
16279.20 Investment authorization. The bonds of the authority are securities
17in which all public officers and bodies of this state; all political subdivisions and their
18public officers; all banks, trust companies, savings banks and institutions, savings
19and loan associations, and investment companies; and all personal representatives,
20guardians, trustees, and other fiduciaries may legally invest any sinking funds,
21moneys, or other funds belonging to them or within their control.
SB40-ASA1,1344,5
22279.21 Reports and records. (1) The authority shall keep an accurate
23account of all of its activities and of all of its receipts and expenditures, and shall
24annually in January make a report of its activities, receipts, and expenditures to the
25governor and to the chief clerk of each house of the legislature, for distribution to the
1legislature under s. 13.172 (2). The reports shall be in a form approved by the state
2auditor. The state auditor may investigate the affairs of the authority, may examine
3the property and records of the authority, and may prescribe methods of accounting
4and the rendering of periodical reports in relation to activities undertaken by the
5authority.
SB40-ASA1,1344,11
6(2) The authority, annually on January 15, shall file with the department of
7administration and the joint legislative council a complete and current listing of all
8forms, reports, and papers required by the authority to be completed by any person,
9other than a governmental body, as a condition of obtaining the approval of the
10authority or for any other reason. The authority shall attach a blank copy of each
11such form, report, or paper to the listing.
SB40-ASA1, s. 2532
12Section
2532. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:
SB40-ASA1,1344,1413
281.59
(3e) (b) 1. Equal to
$109,600,000 $114,700,000 during the
2005-07 142007-09 biennium.
SB40-ASA1,1344,1515
3. Equal to $1,000 for any biennium after the
2005-07
2007-09 biennium.
SB40-ASA1, s. 2533
16Section
2533. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:
SB40-ASA1,1344,1717
281.59
(3m) (b) 1. Equal to $2,700,000 during the
2005-07 2007-09 biennium.
SB40-ASA1,1344,1818
2. Equal to $1,000 for any biennium after the
2005-07
2007-09 biennium.
SB40-ASA1, s. 2534
19Section
2534. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:
SB40-ASA1,1344,2120
281.59
(3s) (b) 1. Equal to
$12,800,000 $13,400,000 during the
2005-07 212007-09 biennium.
SB40-ASA1,1344,2222
2. Equal to $1,000 for any biennium after the
2005-07
2007-09 biennium.
SB40-ASA1,1345,724
281.59
(4) (b) The department of administration may, under s. 18.561 or 18.562,
25deposit in a separate and distinct fund in the state treasury or in an account
1maintained by a trustee outside the state treasury, any portion of the revenues
2derived under s. 25.43 (1). The revenues deposited with a trustee outside the state
3treasury are the trustee's revenues in accordance with the agreement between this
4state and the trustee or in accordance with the resolution pledging the revenues to
5the repayment of revenue obligations issued under this subsection
and to make
6payments under an agreement or ancillary arrangement entered into under s. 18.55
7(6) with respect to revenue obligations issued under this subsection.
SB40-ASA1,1345,179
281.59
(4) (f) Revenue obligations may be contracted by the building
10commission when it reasonably appears to the building commission that all
11obligations incurred under this subsection
, and all payments under an agreement or
12ancillary arrangement entered into under s. 18.55 (6) with respect to revenue
13obligations issued under this subsection, can be fully paid on a timely basis from
14moneys received or anticipated to be received. Revenue obligations issued under this
15subsection for the clean water fund program shall not exceed
$1,615,955,000 16$1,984,100,000 in principal amount, excluding obligations issued to refund
17outstanding revenue obligation notes.
SB40-ASA1,1345,2219
281.65
(4e) (a) A governmental unit may request funding under this subsection
20for a project to implement best management practices for animal waste management
21at an animal feeding operation for which the department has issued a notice of
22discharge under ch. 283.
SB40-ASA1,1345,2423
(b) The department may grant a request under par. (a) if it determines that
24providing funding under this subsection is necessary to protect fish and aquatic life.
SB40-ASA1,1345,2525
(c) Subsection (8) (d) does not apply to a grant under this subsection.
SB40-ASA1,1346,72
281.65
(8) (f) A cost-sharing grant shall equal the percentage of the cost of
3implementing the best management practice that is determined by the
4governmental unit submitting the application under sub. (4c) (a)
or (4e) (a) and is
5approved by the board, except as provided under pars. (gm) and (jm) and except that
6a cost-sharing grant may not exceed 70% of the cost of implementing the best
7management practice.
SB40-ASA1,1346,119
281.65
(8) (gm) The governmental unit submitting the application under sub.
10(4c) (a)
or (4e) (a) shall exceed the limit under par. (f) in cases of economic hardship,
11as defined by the department by rule.
SB40-ASA1,1346,13
13281.75 (title)
Compensation for well contamination and abandonment.
SB40-ASA1,1346,1715
281.75
(1) (h) "Well
,"
if not followed by the words, "subject to abandonment," 16means an excavation or opening in the ground made by boring, drilling or driving for
17the purpose of obtaining a supply of groundwater. "Well" does not include dug wells.
SB40-ASA1,1346,2119
281.75
(1) (i) "Well subject to abandonment" means a well that is required to
20be abandoned under s. NR 812.26 (2) (a), Wis. Adm. Code, or that the department
21may require to be abandoned under s. NR 812.26 (2) (b), Wis. Adm. Code.
SB40-ASA1,1346,2423
281.75
(2) (f) Establish requirements for the filling and sealing of wells subject
24to abandonment.
SB40-ASA1, s. 3081pf
1Section 3081pf. 281.75 (3) (a) of the statutes is renumbered 281.75 (3) and
2amended to read:
SB40-ASA1,1347,53
281.75
(3) Wells for which a claim may be submitted; sunset date. A claim
4may be submitted for a private water supply which, at the time of submitting the
5claim, is contaminated
or for a well subject to abandonment.
SB40-ASA1,1347,118
281.75
(4) (a) Except as provided under par. (b), a landowner or lessee of
9property on which is located a contaminated private water supply
or a well subject
10to abandonment, or the spouse, dependent, heir, assign or legal representative of the
11landowner or lessee, may submit a claim under this section.
SB40-ASA1,1347,1613
281.75
(4m) (a) In order to be eligible for an award under this section, the
14annual family income of the landowner or lessee of property on which is located a
15contaminated water supply
or a well subject to abandonment may not exceed
16$65,000.
SB40-ASA1,1347,2118
281.75
(5) (b) 1. Test results which show that the private water supply is
19contaminated, as defined under sub. (1) (b) 1. or 2.,
or information to show that the
20private water supply is contaminated as defined under sub. (1) (b) 3.
, or information
21to show that the well is a well subject to abandonment;
SB40-ASA1,1347,2523
281.75
(5) (b) 2.
Any If the claim is based on a contaminated private water
24supply, any information available to the claimant regarding possible sources of
25contamination of the private water supply; and
SB40-ASA1,1348,42
281.75
(5) (d) 1. Enter the property where the private water supply
or well
3subject to abandonment is located during normal business hours and conduct any
4investigations or tests necessary to verify the claim; and
SB40-ASA1,1348,96
281.75
(5) (d) 2.
Cooperate If the claim is based on a contaminated private
7water supply, cooperate with the state in any administrative, civil or criminal action
8involving a person or activity alleged to have caused the private water supply to
9become contaminated.
SB40-ASA1,1348,1311
281.75
(5) (e) The department shall consolidate claims if more than one
12claimant submits a claim for the same private water supply
or for the same well
13subject to abandonment.
SB40-ASA1,1348,2015
281.75
(7) (a) If the department finds that the claimant meets all the
16requirements of this section and rules promulgated under this section and that the
17private water supply is contaminated
or that the well is a well subject to
18abandonment, the department shall issue an award. The award may not pay more
19than 75% of the eligible costs. The award may not pay any portion of eligible costs
20in excess of $12,000.
SB40-ASA1,1348,2322
281.75
(7) (c) 1.
The If the claim is based on a contaminated private water
23supply, the cost of obtaining an alternate water supply;
SB40-ASA1, s. 3081ps
24Section 3081ps. 281.75 (7) (c) 2. (intro.) of the statutes is amended to read:
SB40-ASA1,1349,2
1281.75
(7) (c) 2. (intro.)
The If the claim is based on a contaminated private
2water supply, the cost of any one of the following:
SB40-ASA1,1349,64
281.75
(7) (c) 3. The cost of abandoning a contaminated private water supply,
5if a new private water supply is constructed
or, if connection to a public or private
6water supply is provided
, or if the claim is based on a well subject to abandonment;