234.165(2)(b)2.
2. Annually before August 31 the authority shall submit to the governor a plan for expending or encumbering the actual surplus reported under
subd. 1. The part of the plan related to housing shall be consistent with the state housing strategy plan under
s. 560.9802. The plan submitted under this subdivision may be attached to and submitted as a part of the report filed under
subd. 1.
234.165(2)(b)3.
3. Within 30 days after receiving the plan under
subd. 2., the governor may modify the plan and shall submit the plan as modified to the presiding officer of each house of the legislature, who shall refer the plan to appropriate standing committees within 7 days, exclusive of Saturdays, Sundays and legal holidays.
234.165(2)(b)4.
4. The standing committee review period extends for 30 days after the plan is referred to it. If within the 30-day period a standing committee requests the authority to meet with it to review the plan, the standing committee review period is continued until 30 days after the request. If a standing committee and the governor agree to modifications in the plan, the review period for all standing committees is continued until 10 days after receipt by the committees of the modified plan.
234.165(2)(b)5.
5. The plan or modified plan is approved if no standing committee objects to the plan or modified plan within its review period. If a standing committee objects to the plan or modified plan, it shall refer the parts to which objection was made to the joint committee on finance.
234.165(2)(b)6.
6. The joint committee on finance shall meet in executive session within 30 days after referral by a standing committee, but may take action any time after referral. Joint committee on finance action shall consist of concurrence in standing committee objections, modifications to the parts referred to it which are approved by the governor or approval of the plan or modified plan notwithstanding standing committee objections.
234.165(2)(b)7.
7. The plan is not effective until approved or modified under this paragraph.
234.165(2)(c)
(c) Surplus may be expended or encumbered only in accordance with the plan approved under
par. (b), except that the authority may transfer from one plan category to another:
Effective date note
NOTE:
Par. (c)(intro.) is shown as amended eff. 6-30-07 by
2005 Wis. Act 25. Prior to 6-30-07 it reads:
Effective date text
(c) Except as provided in sub. (3), surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:
234.165(2)(c)1.
1. Not more than 5% of the funds allocated to the plan category from which the transfer is made.
234.165(2)(c)2.
2. More than 5% of the funds allocated to the plan category from which the transfer is made, if the authority obtains the approval of the secretary of administration and notifies the joint committee on finance of the proposed transfer.
234.165(2)(d)
(d) The authority shall allocate a portion of its surplus in a plan prepared under
par. (b) to match federal funds available to this state under the Stewart B. McKinney homeless assistance act,
42 USC 11361 to
11402, and to match federal funds available to this state under the home investment partnership program,
42 USC 12741 to
12756.
234.165(2)(dm)
(dm) The authority shall allocate a portion of its surplus in a plan prepared under
par. (b) to the property tax deferral loan program under
ss. 234.621 to
234.626.
234.165(3)
(3) For the purpose of housing grants and loans under
s. 560.9803 and housing grants under
s. 560.9805, in fiscal year 2005-06 the authority shall transfer to the department of commerce $3,000,000 of its actual surplus under this section and in fiscal year 2006-07 the authority shall transfer to the department of commerce $2,000,000 of its actual surplus under this section.
Effective date note
NOTE:
Sub. (3) is repealed eff. 6-30-07 by
2005 Wis. Act 25.
234.165 Note
NOTE:
Chapter 349, laws of 1981, which created this section, has a lengthy "Legislative declaration" in section 1.
234.17
234.17
Repayment to general fund. 234.17(1)
(1) The authority shall repay the amounts appropriated under s.
20.143 (1) (a), 1971 stats., to the general fund from that portion of the authority's surplus, if any, as is determined by agreement between the authority and the secretary of administration.
234.17(2)
(2) By July 31, 2005, July 31, 2006, and July 31, 2007, the authority shall pay into the state treasury an amount equal to the cost to the state of the tax exemption under
ss. 71.05 (1) (c) 1m.,
71.26 (1m) (em), and
71.45 (1t) (em) in the previous taxable year, as determined jointly by the secretary of administration and the authority.
234.18
234.18
Limit on amount of outstanding bonds and notes. The authority may not issue notes and bonds that are secured by a capital reserve fund to which
s. 234.15 (4) applies if, upon issuance, the total aggregate outstanding principal amount of notes and bonds that are secured by a capital reserve fund to which
s. 234.15 (4) applies would exceed $600,000,000. This section does not apply to bonds and notes issued to refund outstanding notes and bonds.
234.19
234.19
Notes and bonds; pledge and agreement of state. The state pledges and agrees with the holders of any notes or bonds issued under this chapter, that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the holders thereof, or in any way impair the rights and remedies of the holders until the notes or bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of such notes or bonds.
234.19 History
History: 1971 c. 287.
234.20
234.20
Default; trustee. 234.20(1)(1) If the authority defaults in the payment of principal of or interest on any issue of notes or bonds after they become due, whether at maturity or upon call for redemption, and the default continues for a period of 30 days or if the authority fails or refuses to comply with this chapter or defaults in any agreement made with the holders of any issue of notes or bonds, the holders of 25% in aggregate principal amount of the notes or bonds 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 of the notes or bonds for the purposes otherwise specifically provided.
234.20(2)
(2) The trustee may, and upon written request of the holders of 25% in principal amount of such notes or bonds then outstanding shall, in the trustee's name:
234.20(2)(a)
(a) By action or proceeding, enforce all rights of the noteholders or bondholders, including the right to require the authority to collect fees and charges and interest and amortization payments on mortgage loans made by it adequate to carry out any agreement as to, or pledge of, such fees and charges and interest and amortization payments on such mortgages, and other properties and to require the authority to carry out any other agreements with the holders of such notes or bonds and to perform its duties under this chapter;
234.20(2)(c)
(c) By action, require the authority to account as if it were the trustee of an express trust for the holders of such notes or bonds;
234.20(2)(d)
(d) By action, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such notes or bonds; and
234.20(2)(e)
(e) Declare all such notes or bonds due and payable, and if all defaults shall be made good, then, with the consent of the holders of 25% of the principal amount of such notes or bonds then outstanding, to annul such declaration and its consequences.
234.21
234.21
Trustee; additional powers. The trustee, in addition to the powers granted in
s. 234.20 shall have all of the powers necessary or appropriate for the exercise of any functions specifically set forth in this chapter or incident to the general representation of noteholders or bondholders in the enforcement and protection of their rights.
234.21 History
History: 1971 c. 287.
234.22
234.22
Venue. The venue of any action or proceeding by the trustee under
ss. 234.19,
234.20 and
234.21 shall be in Dane County.
234.22 History
History: 1971 c. 287.
234.23
234.23
Notice before declaration that notes or bonds are due and payable. Before declaring the principal of notes or bonds due and payable, the trustee shall first give 30 days' notice in writing to the governor, the authority and the attorney general.
234.23 History
History: 1971 c. 287.
234.24
234.24
System of funds and accounts. Subject to agreements with noteholders and bondholders, the authority shall prescribe a system of funds and accounts.
234.25(1)(1) The authority shall submit to the governor, the cochairpersons of the joint committee on finance, the senate committee on housing and urban development, the assembly committee on municipalities, such other committees as the legislature by joint resolution may determine, and the secretary of administration within 6 months after the end of its fiscal year a complete and detailed report setting forth:
234.25(1)(a)
(a) Its operations, accomplishments, goals and objectives;
234.25(1)(b)
(b) A statement of income and expenses for such fiscal year in accordance with the categories or classifications established by the authority for its operating and capital outlay purposes;
234.25(1)(c)
(c) Its assets and liabilities at the end of its fiscal year, including a schedule of its leases and mortgages and the status of reserve, special or other funds;
234.25(1)(d)
(d) A schedule of its bonds and notes outstanding at the end of its fiscal year, together with a statement of the amounts redeemed and incurred during such fiscal year; and
234.25(1)(e)
(e) An evaluation of its progress in implementing within its own housing programs the goals, policies and objectives of the state housing strategy plan under
s. 560.9802, and recommendations for legislation to improve its ability to carry out its programs consistent with the state housing strategy plan.
234.25(2)
(2) The authority, annually on January 15, shall file with the department of administration and the joint legislative council a complete and current listing of all forms, reports and papers required by the authority to be completed by any person, other than a governmental body, as a condition of obtaining the approval of the authority or for any other reason. The authority shall attach a blank copy of each such form, report or paper to the listing.
234.26
234.26
Notes and bonds as legal investments. 234.26(1)
(1) Any of the following persons or entities may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any notes or bonds issued by the authority:
234.26(1)(a)
(a) The state, the investment board, all public officers, municipal corporations, political subdivisions, and public bodies.
234.26(1)(b)
(b) All banks, bankers, savings and loan associations, credit unions, trust companies, savings banks, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business.
234.26(1)(c)
(c) All personal representatives, guardians, trustees, and other fiduciaries.
234.26(2)
(2) The notes and bonds described in
sub. (1) shall be authorized security for all public deposits and shall be fully negotiable in this state.
234.265
234.265
Records of the authority. All records of the authority or any corporation established by the authority shall be open to the public, except:
234.265(1)
(1) Those records relating to pending grants, economic development loans or housing projects which, in the opinion of the authority, must remain confidential to protect the competitive nature of the grant, loan or project.
234.265(2)
(2) Records or portions of records consisting of personal or financial information provided by a person seeking a grant or loan under
s. 234.04,
234.08,
234.49,
234.59,
234.61,
234.63,
234.65,
234.67,
234.83,
234.84,
234.90,
234.905,
234.907, or
234.91, seeking a loan under
ss. 234.621 to
234.626, seeking financial assistance under
s. 234.66, seeking investment of funds under
s. 234.03 (18m), or in which the authority has invested funds under
s. 234.03 (18m), unless the person consents to disclosure of the information.
234.265 History
History: 1971 c. 287;
1983 a. 81,
83,
192;
1985 a. 29,
334;
1987 a. 421;
1989 a. 31,
335,
336,
359;
1991 a. 39,
309;
1993 a. 16,
437;
1995 a. 116,
150;
1997 a. 27,
35;
1999 a. 9;
2005 a. 75,
487.
234.28
234.28
Notes and bonds; exemption from taxation. The state covenants with the purchasers and all subsequent holders and transferees of notes and bonds issued by the authority, in consideration of the acceptance of any payment for the notes and bonds, that its fees, charges, gifts, grants, revenues, receipts and other moneys received or to be received, pledged to pay or secure the payment of such notes or bonds shall at all times be free and exempt from all state, city, county or other taxation provided by the laws of the state.
234.28 History
History: 1971 c. 287.
234.29
234.29
Equality of occupancy and employment. The authority shall require that occupancy of housing projects assisted under this chapter be open to all regardless of sex, race, religion, sexual orientation or creed, and that contractors and subcontractors engaged in the construction of economic development or housing projects, shall provide an equal opportunity for employment, without discrimination as to sex, race, religion, sexual orientation or creed.
234.30
234.30
Cooperation. The heads of all departments, boards, councils, committees and commissions in the administrative branch, and the heads of the various divisions, sections and departments thereunder, shall extend their full and unlimited cooperation, including but not limited to the providing of personnel and facilities, to the authority.
234.30 History
History: 1971 c. 287.
234.31
234.31
Construction of chapter. This chapter is necessary for the welfare of this state and its inhabitants; therefore, it shall be liberally construed to effect its purpose.
234.31 History
History: 1971 c. 287.
234.32
234.32
Laws not applicable to authority. 234.32(2)
(2) The authority may adopt by resolution
ch. 34, or any section, subsection, paragraph or subdivision of
ch. 34. If adopted by resolution of the authority,
ch. 34, or any section, subsection, paragraph or subdivision of
ch. 34 shall apply to the authority.
234.32 History
History: 1975 c. 221;
1977 c. 320.
234.35
234.35
Minority financial interests. 234.35(1)
(1) In this section, "minority business", "minority financial adviser" and "minority investment firm" mean a business, financial adviser and investment firm, respectively, certified by the department of commerce under
s. 560.036 (2).
234.35(2)
(2) The authority shall annually report to the department of administration the total amount purchased from and contracted or subcontracted under contracts made by the authority to minority businesses, the total amount of bonds and notes issued by the authority with the underwriting services of minority investment firms and the total amount of moneys expended by the authority for the services of minority financial advisers during the preceding state fiscal year.
234.35 History
History: 1987 a. 27;
1995 a. 27 s.
9116 (5);
1997 a. 27 s.
3374; Stats. 1997 s. 234.35.
234.40
234.40
Bonds for veterans housing loans and other veterans assistance programs. 234.40(1)
(1) The authority shall issue its negotiable bonds in such principal amount and length of maturity as to provide sufficient funds for veterans housing loans to be made pursuant to
s. 45.37.
234.40(2)
(2) Bonds issued under the authority of this section are payable out of revenues or moneys received from the repayment of veterans housing loans and related funds made available in
ss. 234.42 and
234.43. All assets and liabilities created through the issuance of bonds to purchase mortgage loans representing veterans housing loans are to be separate from all other assets and liabilities of the authority. No funds of the veterans housing loan program may be commingled with any other funds of the authority.
234.40(3)
(3) It is the intent of the legislature that the authority be used to finance the veterans housing program. Nothing in this chapter shall be construed to supersede the powers vested by
subch. III of ch. 45 in the department of veterans affairs for carrying out program responsibilities for which debt has been incurred by the authority.
234.40(4)
(4) The limitations established in
ss. 234.18,
234.50,
234.60,
234.61,
234.63,
234.65, and
234.66 are not applicable to bonds issued under the authority of this section. The authority may not have outstanding at any one time bonds for veterans housing loans in an aggregate principal amount exceeding $61,945,000, excluding bonds being issued to refund outstanding bonds.
234.41
234.41
Veterans housing loan fund; establishment and use. 234.41(1)(1) There is established under the jurisdiction of the authority a veterans housing loan fund. All moneys resulting from the sale of bonds for the purpose of veterans housing pursuant to
s. 45.37, unless credited to the veterans capital reserve fund, shall be credited to the fund.
234.41(2)
(2) The authority shall use moneys in the fund for the purpose of purchasing loans representing veterans housing loans pursuant to
s. 45.37. All disbursements of funds under this section for purchasing mortgage loans shall be made payable to authorized lenders as defined in
s. 45.31 (3) and eligible persons as defined in
s. 45.31 (5).
234.41(3)
(3) Moneys of the veterans housing loan fund may be invested as provided in
s. 234.03 (18). All such investments shall be the exclusive property of the fund. All earnings on or income from such investments shall be credited to the fund, paid over to the department of veterans affairs and deposited in the veterans trust fund after payment or repayment of any deficits arising in the veterans capital reserve fund and after payment of expenses contained in
sub. (4).
234.41(4)
(4) The authority may use moneys in the fund to cover actual and necessary expenses incurred in the sale and investment of bonds and bond revenues.
