SB45: Bill Text

SB45,170,13 18.58 (1) Management of funds and records. All funds established under this subchapter which are deposited in the state treasury shall be managed as provided by law for other state funds, subject to any contract rights vested in holders owners of evidences of revenue obligation secured by such fund. The department of administration shall maintain full and correct records of each fund. The legislative audit bureau shall audit each fund as of January 1 of each year reconciling all transactions and showing the fair market value of all property on hand. All records and audits shall be public documents. All funds established under this subchapter which are deposited with a trustee under s. 18.56 18.561 (9) (j) or 18.562 (5) (e) shall be managed in accordance with resolutions authorizing the issuance of revenue obligations, agreements between the commission and the trustee and any contract rights vested in holders of evidence owners of revenue obligations secured by such fund.

SB45, s. 148 Section 148. 18.60 (1) of the statutes is amended to read:

SB45,171,6 18.60 (1) The commission may authorize, for any one or more of the purposes described in s. 18.53 (1), the issuance of revenue-obligation refunding bonds. Refunding bonds may be issued, subject to any contract rights vested in holders owners of bonds or notes being refinanced, to refinance more than one issue of bonds or notes notwithstanding that the bonds or notes may have been issued at different times for different purposes and may be secured by the property or income of more than one enterprise or program or may be public debt or building-corporation indebtedness. The principal amount of refunding bonds shall not exceed the sum of: the principal amount of the bonds or notes being refinanced; applicable redemption premiums; unpaid interest on the bonds or notes to the date of delivery or exchange of the refunding bonds; in the event the proceeds are to be deposited in trust as provided in sub. (3), interest to accrue on the bonds or notes from the date of delivery to the date of maturity or to the redemption date selected by the commission, whichever is earlier; and the expenses incurred in the issuance of the refunding bonds and the payment of the bonds or notes. A determination by the commission that a refinancing is advantageous or that any of the amounts provided in the preceding sentence should be included in the refinancing shall be conclusive.

SB45, s. 149 Section 149. 18.60 (2) of the statutes is amended to read:

SB45,171,23 18.60 (2) If the commission determines to exchange refunding bonds, they may be exchanged privately for and in payment and discharge of any of the outstanding bonds or notes being refinanced. Refunding bonds may be exchanged for a like or greater principal amount of the bonds or notes being exchanged therefor except that the principal amount of the refunding bonds may exceed the principal amount of the bonds or notes being exchanged therefor only to the extent determined by the commission to be necessary or advisable to pay redemption premiums and unpaid interest to the date of exchange not otherwise provided for. The holders owners of the bonds or notes being refunded who elect to exchange need not pay accrued interest on the refunding bonds if and to the extent that interest is accrued and unpaid on the bonds or notes being refunded and to be surrendered. If any of the bonds or notes to be refinanced are to be called for redemption, the commission shall determine which redemption dates shall be used, if more than one date is applicable and shall, prior to the issuance of the refunding bonds, provide for notice of redemption to be given in the manner and at the times required by the proceedings authorizing the outstanding bonds or notes.

SB45, s. 150 Section 150. 18.60 (5) of the statutes is renumbered 18.60 (5) (intro.) and amended to read:

SB45,172,4 18.60 (5) (intro.) All of the following provisions of s. 18.56 that are not inconsistent with the express provisions of this section shall apply to refunding bonds, except that the maximum permissible term shall be 50 years from the date of original issue of the oldest note or bond issue being refunded.:

SB45, s. 151 Section 151. 18.60 (5) (a) to (c) of the statutes are created to read:

SB45,172,6 18.60 (5) (a) Section 18.56.

SB45,172,7 (b) In the case of enterprise obligations, s. 18.561.

SB45,172,8 (c) In the case of special fund obligations, s. 18.562.

SB45, s. 152 Section 152. 18.61 (2) of the statutes is amended to read:

SB45,172,18 18.61 (2) The state pledges and agrees with the holders owners of any evidences of revenue obligation obligations that the state will not limit or alter its powers to fulfill the terms of any agreements made with the holders owners or in any way impair the rights and remedies of the holders owners until the revenue obligations, together with interest including interest on any unpaid instalments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders owners, are fully met and discharged. The commission may include this pledge and agreement of the state in any agreement with the holders of notes or bonds and in any evidence owners of revenue obligation.

SB45, s. 153 Section 153. 18.61 (3) (a) of the statutes is amended to read:

SB45,173,3 18.61 (3) (a) If the state fails to pay any revenue obligation in accordance with its terms, and default continues for a period of 30 days or if the state fails or refuses to comply with this subchapter or defaults in any agreement made with the holders owner of any issue of revenue obligations, the holders owners of 25% in aggregate principal amount of the revenue obligations of the issue then outstanding by instrument recorded in the office of the register of deeds of Dane county and approved or acknowledged in the same manner as a deed to be recorded may appoint a trustee to represent the holders owners of the notes or bonds revenue obligations for the purposes specifically provided in the instrument.

SB45, s. 154 Section 154. 18.61 (3) (b) (intro.) of the statutes is amended to read:

SB45,173,7 18.61 (3) (b) (intro.) The trustee may, and upon written request of the holders owners of 25% in aggregate principal amount of the revenue obligations of the issue then outstanding shall, in the trustee's own name:

SB45, s. 155 Section 155. 18.61 (3) (b) 1. of the statutes is amended to read:

SB45,173,14 18.61 (3) (b) 1. By action or proceeding, enforce all rights of all holders owners of the issue of revenue obligations, including the right to require the state to collect enterprise or program income adequate to carry out any agreement as to, or pledge of, such income and to require the state to carry out any other agreements with the holders owners of the revenue obligations and to perform its duties under this subchapter;

SB45, s. 156 Section 156. 18.61 (3) (b) 3. of the statutes is amended to read:

SB45,173,17 18.61 (3) (b) 3. By action, require the state to account as if it were the trustee of an express trust for the holders owners of the revenue obligations;

SB45, s. 157 Section 157. 18.61 (3) (b) 4. of the statutes is amended to read:

SB45,173,20 18.61 (3) (b) 4. By action, enjoin any acts or things which may be unlawful or in violation of the rights of the holders owners of the revenue obligations; and

SB45, s. 158 Section 158. 18.61 (3) (c) of the statutes is amended to read:

SB45,173,25 18.61 (3) (c) The trustee shall have all of the powers necessary or appropriate for the exercise of any functions specifically set forth in this subchapter or incident to the general representation of the holders owners of revenue obligations in the enforcement and protection of their rights.

SB45, s. 159 Section 159. 18.61 (4) of the statutes is amended to read:

SB45,174,8 18.61 (4) Any public officer or public employe, as defined in s. 939.22 (30), and the surety on the person's official bond, or any other person participating in any direct or indirect impairment of any fund established under this subchapter, shall be liable in any action brought by the attorney general in the name of the state, or by any taxpayer of the state, or by the holder of any evidence owner of revenue obligation payable in whole or in part, directly or indirectly, out of such fund, to restore to the fund all diversions from the fund.

SB45, s. 160 Section 160. 19.32 (1) of the statutes is amended to read:

SB45,174,20 19.32 (1) "Authority" means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; any court of law; the assembly or senate; a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and which provides services related to public health or safety to the county or municipality; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing.

SB45, s. 161 Section 161. 19.35 (1) (am) 2. c. of the statutes is amended to read:

SB45,175,4 19.35 (1) (am) 2. c. Endanger the security, including the security of the population or staff, of any state correctional institution, as defined in s. 301.01 (4) prison under s. 302.01, jail, as defined in s. 165.85 (2) (bg), secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), secured group home, as defined in s. 938.02 (15p), mental health institute, as defined in s. 51.01 (12), or center for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.

SB45, s. 162 Section 162. 19.36 (10) of the statutes is created to read:

SB45,175,9 19.36 (10) Home addresses and telephone numbers of employes. An authority may withhold from inspection and copying under s. 19.35 (1) (a) any information contained in a record of that authority pertaining to the home address or home telephone number of an employe of the authority.

SB45, s. 163 Section 163. 19.37 (2) of the statutes is amended to read:

SB45,175,21 19.37 (2) Costs, fees and damages. (a) Except as provided in this paragraph and s. 893.83, the court shall award reasonable attorney fees, damages of not less than $100, and other actual costs to the requester if the requester prevails in whole or in substantial part in any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (a). If the requester is a committed or incarcerated person, the requester is not entitled to any minimum amount of damages, but the court may award damages unless the action relates to a matter specified in s. 893.83. Costs and fees shall be paid by the authority affected or the unit of government of which it is a part, or by the unit of government by which the legal custodian under s. 19.33 is employed and may not become a personal liability of any public official.

SB45,176,2 (b) In Except as provided in s. 893.83, in any action filed under sub. (1) relating to access to a record or part of a record under s. 19.35 (1) (am), if the court finds that the authority acted in a wilful or intentional manner, the court shall award the individual actual damages sustained by the individual as a consequence of the failure.

SB45, s. 164 Section 164. 19.37 (3) of the statutes is amended to read:

SB45,176,7 19.37 (3) Punitive damages. If Notwithstanding s. 893.83, if a court finds that an authority or legal custodian under s. 19.33 has arbitrarily and capriciously denied or delayed response to a request or charged excessive fees, the court may award punitive damages to the requester.

SB45, s. 165 Section 165. 19.82 (1) of the statutes is amended to read:

SB45,176,18 19.82 (1) "Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a family care district under s. 46.2895; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV or V of ch. 111.

SB45, s. 166 Section 166. 20.002 (11) (b) of the statutes is renumbered 20.002 (11) (b) 1. and amended to read:

SB45,176,23 20.002 (11) (b) 1. The secretary of administration shall limit the total amount of any temporary reallocations to a fund other than the general fund to $400,000,000. The

SB45,177,3 2. Except as provided in subd. 3, the secretary of administration shall limit the total amount of any temporary reallocations to the general fund at any one time during a fiscal year to an amount equal to 5% of the total amounts shown in the schedule under s. 20.005 (3) of appropriations of general purpose revenues, calculated by the secretary as of that time and for that fiscal year.

SB45,177,5 4. This paragraph does not apply to reallocations from the budget stabilization fund to the general fund.

SB45, s. 167 Section 167. 20.002 (11) (b) 3. of the statutes is created to read:

SB45,177,13 20.002 (11) (b) 3. In addition to the amount permitted for temporary reallocations in subd. 2., the secretary may permit an additional 3% of the total amounts shown in the schedule under s. 20.005 (3) of appropriations of general purpose revenues, calculated by the secretary as of that time and for that fiscal year, to be used for temporary reallocations to the general fund but only if the reallocation is for a period not to exceed 30 days. Reallocations may not be made under this subdivision for consecutive periods.

SB45, s. 168 Section 168. 20.003 (4) of the statutes is renumbered 20.003 (4) (intro.) and amended to read:

SB45,177,23 20.003 (4) Required general fund balance. (intro.) No bill directly or indirectly affecting general purpose revenues as defined in s. 20.001 (2) (a) may be enacted by the legislature if the bill would cause the estimated general fund balance on June 30 of any fiscal year specified in this subsection, as projected under s. 20.005 (1), to be an amount equal to less than one percent the following percentage of the total general purpose revenue appropriations for that fiscal year plus any amount from general purpose revenue designated as "Compensation Reserves" for that fiscal year in the summary under s. 20.005 (1).:

SB45, s. 169 Section 169. 20.003 (4) (a) to (g) of the statutes are created to read:

SB45,177,25 20.003 (4) (a) For fiscal year 1999-2000, 1%.

SB45,178,1 (b) For fiscal year 2000-01, 1.1%.

SB45,178,2 (c) For fiscal year 2001-02, 1.2%.

SB45,178,3 (d) For fiscal year 2002-03, 1.4%.

SB45,178,4 (e) For fiscal year 2003-04, 1.6%.

SB45,178,5 (f) For fiscal year 2004-05, 1.8%.

SB45,178,6 (g) For fiscal year 2005-06 and each fiscal year thereafter, 2%.

SB45, s. 170 Section 170. 20.005 (1) of the statutes is repealed and recreated to read:

SB45,178,10 20.005 (1) Summary of all funds. The budget governing fiscal operations for the state of Wisconsin for all funds beginning on July 1, 1999, and ending on June 30, 2001, is summarized as follows: [See Figure 20.005 (1) following]

SB45,178,12 Figure: 20.005 (1)

SB45,178,13 GENERAL FUND SUMMARY - See PDF for table

SUMMARY OF APPROPRIATIONS — ALL FUNDS - See PDF for table

SUMMARY OF COMPENSATION RESERVES — ALL FUNDS - See PDF for table

LOTTERY FUND SUMMARY - See PDF for table

SB45, s. 171 Section 171. 20.005 (2) of the statutes is repealed and recreated to read:

SB45,181,5 20.005 (2) State borrowing program summary. The following schedule sets forth the state borrowing program summary: [See Figures 20.005 (2) (a) and (b) following]

SB45,181,7 Figure: 20.005 (2) (a)

SB45,181,8 SUMMARY OF BONDING AUTHORITY MODIFICATIONS 1999-01 FISCAL BIENNIUM - See PDF for table

SB45,183,2 Figure: 20.005 (2) (b)

SB45,183,3 GENERAL OBLIGATION AND BUILDING CORPORATION DEBT SERVICE FISCAL YEARS 1999-00 AND 2000-01 - See PDF for table

SB45, s. 172 Section 172. 20.005 (3) of the statutes is repealed and recreated to read:

SB45,189,4 20.005 (3) Appropriations. The following schedule sets forth all annual, biennial and sum certain continuing appropriations and anticipated expenditures from other appropriations for the programs and other purposes indicated. All appropriations are made from the general fund unless otherwise indicated. The letter abbreviations shown designating the type of appropriation apply to both fiscal years in the schedule unless otherwise indicated. [See Figure 20.005 (3) following]

SB45,189,6 Figure: 20.005 (3)

SB45,189,7 - See PDF for table

SB45, s. 173 Section 173. 20.115 (1) (g) of the statutes is amended to read:

SB45,372,9 20.115 (1) (g) Related services. The amounts in the schedule for the conduct of services related to food and trade regulation, including special and overtime meat inspection services under s. 97.42 (3), and investigative and audit services under ss. 93.06 (6) (b), 100.06 (1g) (c) and 100.07 (1). All, but excluding services financed under pars. (gf) and (h). Except as provided in pars. (gf) and (h), all moneys received from authorized service fees related to food and trade regulation shall be credited to this appropriation.

SB45, s. 174 Section 174. 20.115 (1) (gf) of the statutes is created to read:

SB45,372,13 20.115 (1) (gf) Fruit and vegetable inspection. All moneys received for the inspection of fruits and vegetables under ss. 93.06 (1m), 93.09 (10) and 100.03 (3) (a) 1. and 2., to carry out the purposes for which those moneys are received.

SB45, s. 175 Section 175. 20.115 (1) (gm) of the statutes is amended to read:

SB45,373,6 20.115 (1) (gm) Dairy trade regulation; dairy product and vegetable producer security and trade practices. The amounts in the schedule for the regulation of vegetable procurement under s. 100.03, of dairy plant financial condition under s. 100.06 and of dairy trade practices under s. 100.201. All moneys received under ss. 100.03 (3) (a) 2. and 3., 100.06 (9) and 100.201 (6) shall be credited to this appropriation.