24.52
24.52
Jurisdiction. Together with the power and duty of selling the school and university lands and investing the funds arising therefrom, prescribed for the board by
article X, section 7, of the constitution, it is invested with power to dispose of all other public lands and all interests in lands held by the state for sale, and with such further powers as may be necessary or convenient to enable it to exercise the functions and perform the duties imposed upon it by law.
24.52 History
History: 1979 c. 34 s.
699g; Stats. 1979 s. 24.52;
1983 a. 192.
24.53
24.53
Investigate land claims; deduct expenses. The board of commissioners of public lands shall investigate the rights of the state to school lands, normal school lands, university lands and agricultural college lands. The expenses incurred in making these investigations and taking necessary steps to protect common school lands, normal school lands, university lands and agricultural college lands and timber on those lands, as well as the expense of necessary surveys, records, appraisals and sales, upon the approval of the board, shall be deducted from the gross receipts of the fund to which the proceeds from the sale of the land or timber will be added.
24.53 History
History: 1979 c. 34 s.
699g; Stats. 1979 s. 24.53.
24.54
24.54
Records; copies as evidence. 24.54(1)
(1) The department of administration shall provide an office for the board. The board shall conveniently arrange and preserve in that office all records, books, reports, surveys, maps, field notes, plats and other papers pertaining to the public lands owned by the state, including all public lands that have been or shall be received from the United States or any officer of the United States. The board may perfect the records, books, reports, surveys, maps, field notes, plats and other papers when incomplete, and cause copies of those documents to be made when from injury, loss, use or accident it shall become necessary. Any copy, when certified to be a correct copy by the executive secretary of the board under the executive secretary's signature and the official seal of the office to have been made for any of the causes specified in this subsection, shall have the same force and effect in all courts and places as the original. Any copy from the original records, books, reports, surveys, maps, field notes, plats or other papers, or from any record or paper required by law to be kept in the office, or any copy from a certified copy of one of those documents, when certified by the executive secretary of the board or any member of the board of commissioners of public lands under the official seal of the board, shall be received in evidence with the same effect as the original.
24.54(2)
(2) All records, books and files kept by the board shall at all business hours be open, under proper regulations made by it, to the inspection of any person, free of charge. The board also may in like manner make, perfect, and complete proper records, books, reports and other papers pertaining to the lands of which the state has been or is trustee for the United States.
24.54 History
History: 1979 c. 34 s.
699g;
1979 c. 176; Stats. 1979 s. 24.54;
1989 a. 31;
1993 a. 16.
24.55
24.55
Executive secretary; deputy; staff; appointments; duties; oath. The board shall appoint an executive secretary outside the classified service. The executive secretary shall appoint a deputy who shall, during the absence of the executive secretary, have all of the authority given by law to the executive secretary. The executive secretary and deputy shall take and file the official oath.
24.55 History
History: 1979 c. 34 s.
699g; Stats. 1979 s. 24.55;
1993 a. 16.
24.56
24.56
Not to buy lands. The board, and all persons employed by it or about any of its respective offices, are prohibited from purchasing any of the public lands, directly or indirectly, either in their own name or in the name of any other person in trust for them or either of them; and for every tract or parcel of land purchased in violation hereof each such person offending shall forfeit not more than $250.
24.56 History
History: 1975 c. 365;
1979 c. 34 s.
699g; Stats. 1979 s. 24.56;
1993 a. 16.
24.57
24.57
Report of board. The board shall include in any report submitted under
s. 15.07 (6) a report of its official proceedings for the period since the proceedings reported in the most recent report, showing the quantity of land sold or leased and the amount received therefor, the amount of interest moneys accrued or received and a specific account of the several investments made by them, stating in all cases of loans, the name of each borrower, the sum borrowed and a description of the property mortgaged. The report also shall include such other matters as it thinks proper to communicate or as the legislature requires.
24.57 History
History: 1979 c. 34 s.
699g; Stats. 1979 s. 24.57;
1983 a. 27.
24.58
24.58
Appraisers. The board may select employes of the department to appraise lands or perform other services in field and forest. The board shall reimburse the department under a contract with the department for the performance of public land management services.
24.58 History
History: 1975 c. 94;
1979 c. 34 s.
699g; Stats. 1979 s. 24.58;
1993 a. 16.
TRUST FUNDS
24.60
24.60
Definitions. In this subchapter, unless the context indicates otherwise:
24.60(1)
(1) "Consortium" means an association of 2 or more of any of the following entities for the purpose of implementing, expanding or participating in a distance education or educational technology project:
24.60(1)(c)
(c) A county, if the county acts on behalf of a county library board that has adopted a resolution under
s. 24.66 (3m).
24.60(1)(d)
(d) A city, village or town, if the city, village or town acts on behalf of a municipal library board that has adopted a resolution under
s. 24.66 (3m).
24.60(2)
(2) "Municipality" means a town, village, city, county, public inland lake protection and rehabilitation district, town sanitary district created under
s. 60.71, metropolitan sewerage district created under
s. 66.22 or
66.882, joint sewerage system created under
s. 281.43 (4), school district or technical college district.
24.60(5)
(5) "Trust funds" means the common school fund, the normal school fund, the university fund and the agricultural college fund.
24.61
24.61
Authorized investments and loans. 24.61(1)
(1)
Investments and loans; separate accounts. The board shall loan or invest moneys belonging to the trust funds as those moneys accumulate in the treasury. The board shall keep a separate account of all investments and loans from each fund.
24.61(2)(a)(a)
Authorized investments. The board may invest moneys belonging to the trust funds in the purchase of any of the following:
24.61(2)(a)2.
2. Securities issued under the provisions of the federal farm loan act of July 17, 1916, (
12 USC 641, et seq.) or the farm credit act of 1971 (
P.L. 92-181).
24.61(2)(a)4.
4. Bonds issued pursuant to law by any town, village, city, county or school district of this state.
24.61(2)(a)6.
6. Bonds of the University of Wisconsin Hospitals and Clinics Authority.
24.61(2)(b)
(b)
Deposited with state treasurer. All bonds, notes and other securities so purchased shall be deposited with the state treasurer.
24.61(3)(a)(a)
Authorized loans. The board may loan moneys under its control or belonging to the trust funds to:
24.61(3)(a)1.
1. A school district by whatever name designated, to be used for the operation and maintenance of schools, in erecting and remodeling school buildings, teacherages, in the purchase of teacherages, teacherage sites, schoolhouse sites, bus garage sites, transportation vehicles, bus garages, school equipment, or school playgrounds, or in refunding any indebtedness incurred for a lawful purpose and within the constitutional limitations, and for the purpose authorized by
s. 67.04 or otherwise authorized by law;
24.61(3)(a)2.
2. A town, village, city or county as provided under
s. 67.04 or otherwise authorized by law; or
24.61(3)(a)3.
3. A technical college district as provided under
s. 67.04 or otherwise authorized by law.
24.61(3)(a)4.
4. A public inland lake protection and rehabilitation district for the purposes of the exercise of its powers under
s. 33.22.
24.61(3)(a)5.
5. A town sanitary district created under
s. 60.71 for the purposes for which the district may issue its bonds under
s. 60.78.
24.61(3)(a)6.
6. A metropolitan sewerage district created under
s. 66.22, as provided under
s. 67.04 or otherwise authorized by law.
24.61(3)(a)7.
7. A metropolitan sewerage system created under
s. 66.882, as provided under
s. 67.04 or otherwise authorized by law.
24.61(3)(a)10.
10. A cooperative educational service agency representing 2 or more school districts in the area served by the agency for the purpose of conducting a distance education project by the school districts.
24.61(3)(b)
(b)
Terms; conditions. A municipality or cooperative educational service agency may obtain a state trust fund loan for the sum of money, for the time and upon the conditions as may be agreed upon between the board and the borrower subject to the limitations, restrictions and conditions set forth in this subchapter.
24.61(3)(c)
(c)
Reserve for school districts; priority for certain school districts. 24.61(3)(c)1.1. To the extent practicable, in the 1989-90 to 1992-93 fiscal years, annually the board shall reserve an amount equal to at least 50% of the money available for loans under this subchapter for loans to school districts.
24.61(3)(c)2.
2. The board shall give first priority for loans to school districts under this subchapter to school districts that meet all of the following criteria:
24.61(3)(c)2.a.
a. The school board is subject to an order issued by the department of education under
s. 115.33 (3) after December 31, 1991, regarding noncompliance with the standard under
s. 121.02 (1) (i).
Effective date note
NOTE: Subd. par. a. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to 1-1-96 it read:
24.61 Note
a. The school board is subject to an order issued by the state superintendent of public instruction under s. 115.33 (3) after December 31, 1991, regarding noncompliance with the standard under s. 121.02 (1) (i)
24.61(3)(c)2.b.
b. The school district's equalized valuation divided by its membership in the previous school year is less than 50% of the statewide average for all school districts. In this paragraph, "equalized valuation" has the meaning given in
s. 121.004 (2) and "membership" has the meaning given in
s. 121.004 (5).
24.61(3)(c)2.c.
c. The school district's levy rate in the previous year is greater than 140% of the statewide average for all school districts.
24.61(3)(d)
(d)
Reserve for loans for educational technology and distance education projects. Subject to the priority established under
par. (c), to the extent practicable, in fiscal years 1996-97 to 1999-2000, annually the board shall reserve $15,000,000 for the purposes of giving priority to loans to school districts, counties, municipalities and consortia, other than consortia that include one or more technical college districts, for educational technology and distance education projects under
s. 16.992.
24.61(4)
(4) Loan limitations. Notwithstanding
sub. (3), the board may not loan moneys to a county unless the governing body of the county demonstrates to the board's satisfaction that
s. 67.045 (1) (a),
(b),
(c),
(d),
(e) or
(f) applies.
24.61(5)
(5) Loans to consortia or cities, villages or towns served by joint library boards. Whenever a consortium applies for a loan under
sub. (3), or whenever a group of cities, villages or towns served by a joint county or municipal library board applies for a loan for an educational technology or distance education project, the board shall treat the application as a loan to each of the members of the consortium or each city, village or town served by a county or municipal library board in an amount equal to the total amount of the loan divided equally by the number of members of the consortium or the number of cities, villages and towns served by the library board, unless all members of the consortium or all cities, villages and towns served by a joint library board agree to a different arrangement specified by the members or cities, villages and towns on their applications. The procedure for application, approval and repayment of the loan by each member of a consortium or group under this subsection shall be the same as provided in this subchapter for application, approval and repayment of a loan to that member individually, except that the loan shall not be made unless all members qualify.
24.61(6)
(6) Educational technology or distance education loans. The board shall not make a state trust fund loan to a school district, county, city, village, town or consortium for an educational technology or distance education project from moneys reserved for such loans under
sub. (3) (d), unless the educational technology board has first notified the board that it has approved the loan under
s. 16.992 (3).
24.61(7)
(7) Loans to cooperative educational service agencies. Whenever a cooperative educational service agency applies for a loan under
sub. (3), the board shall treat the application as a loan to each of the school districts on behalf of which the loan is sought in an amount equal to the total amount of the loan divided equally by the number of school districts, unless the cooperative educational service agency specifies on its application a different arrangement that has been agreed to by all school districts for which the loan is sought. The board shall not make the loan unless each school district for which the loan is sought qualifies for a loan in the amount specified in this subsection, or a different amount if that amount is specified on the application. If the cooperative educational service agency fails to make a timely repayment of the principal or payment of the interest on the loan, each school district for which the loan is made is liable to repay the principal and pay the interest in the amount determined under this subsection.
24.62(1)(1) Except as authorized in
sub. (2), the board shall deduct its expenses incurred in administering investments and loans under
s. 24.61 from the gross receipts of the fund to which the interest and income of the investment or loan will be added.
24.62(2)
(2) The board may charge its expenses incurred in the sale of a state trust fund loan or participation therein under
s. 24.69 to the purchaser of the loan or participation, or may deduct the expenses from the gross receipts of the fund to which the interest and income of the loan or participation will be added, or both. If the board sells any state trust fund loan or participation therein under
s. 24.69 in any fiscal year, the board shall, no later than October 1 following that fiscal year, prepare and file in its office a report which identifies in detail the board's expenses incurred during that fiscal year that are directly attributable to the sale of state trust fund loans and participations under
s. 24.69.
24.62 History
History: 1979 c. 34;
1981 c. 169; Stats. 1981 s. 24.62;
1989 a. 31.
24.63
24.63
Term, amount, interest rate. 24.63(1)
(1)
Loans other than to school districts. A state trust fund loan, other than a loan to a school district, may be made for any term not exceeding 20 years and may be made payable in instalments. A state trust fund loan to a municipality other than a school district shall be in an amount which does not, together with all other indebtedness of the municipality applying for the loan, exceed 5% of the valuation of the taxable property within the municipality as equalized for state purposes. If a state trust fund loan is made to pay off existing indebtedness, it may be advanced to the borrower in instalments as fast as the indebtedness or the evidence of indebtedness is canceled.
24.63(2)
(2) School district loans. A state trust fund loan to a school district may be made for any time, not exceeding 20 years, as is agreed upon between the school district and the board, and for an amount which, together with all other indebtedness of that district, does not exceed its allowable indebtedness as determined under
s. 67.03 (1).
24.63(2m)
(2m) Cooperative educational service agency loans. A state trust fund loan to a cooperative educational service agency may be made for any term, not exceeding 20 years, as is agreed upon between the agency and the board, and for a total amount which, for each school district for which the loan is sought, in the proportion determined under
s. 24.61 (7), together with all other indebtedness of the school district, does not exceed the school district's allowable indebtedness under
s. 67.03 (1).
24.63(3)
(3) Interest rates. All state trust fund loans shall bear and draw interest at a rate not less than 2% payable annually.
24.63(4)
(4) Repayment before due date permitted. Any borrower after March 15 and prior to August 1 of any year may repay one or more instalments in advance of the due date, and all interest upon such advance payment shall thereupon terminate.
24.65
24.65
Date when interest and principal become due. The annual interest and instalments of principal of all state trust fund loans are payable into the state treasury on or before the date specified in
s. 24.70 (4) or
24.71 (4).
24.65 History
History: 1975 c. 224;
1979 c. 221;
1981 c. 169; Stats. 1981 s. 24.65;
1987 a. 76,
378.
24.66
24.66
The application. 24.66(1)(1)
For all municipalities. No trust fund loan may be made unless an application is made to the board under this section. The application shall state the amount of money required, the purpose to which it is to be applied, the times and terms of repayment, whether the loan is sought for an educational technology or distance education project under
s. 24.61 (3) (d), and if so, whether the educational technology board has approved a grant to pay a portion of the interest on the loan under
s. 16.992 (3) (b) and in the case of a cooperative educational service agency, the names of the school districts participating in the distance education project for which the loan is sought. The application shall be accompanied by satisfactory proof:
24.66(1)(a)
(a) Of the valuation of all the taxable property within the municipality as equalized for state purposes;
24.66(1)(b)
(b) Of all the existing indebtedness of the municipality; and
24.66(2)
(2) For municipalities other than school districts, public inland lake districts, town sanitary districts or sewerage districts. Every application shall be approved and authorized for a town, by the signatures of a majority of its supervisors acknowledged as conveyances of land are acknowledged; for a village, by a majority vote of its trustees; for a city, by a majority vote of the members of its common council; and for a county, by a majority vote of the members of its board of supervisors at some regular or special session thereof. Every vote so required shall be by ayes and noes duly recorded.
