18.03(4)
(4) All actions of the commission shall be taken by resolution. Each authorizing resolution shall be reduced to writing. The secretary of the commission shall maintain a full and correct record of each step or proceeding had or taken in the course of authorizing and contracting every public debt.
18.03(5)
(5) Upon request of a state department or agency, the commission shall prepare periodic reports describing the current status of indebtedness relevant to the department's or agency's program responsibilities.
18.03(5m)
(5m) Upon the request of a local exposition district under
subch. II of ch. 229, the commission shall serve as financial consultant to assist and coordinate the issuance of bonds of the district.
18.03(5s)
(5s) Upon the request of a local professional baseball park district created under
subch. III of ch. 229 or a local professional football stadium district created under
subch. IV of ch. 229, the commission may serve as financial consultant to assist and coordinate the issuance of the bonds of a district.
18.03(6)
(6) Nothing in this subchapter shall be construed to supersede the authority by statute of any state department or agency in carrying out program responsibilities for which public debt has been authorized by the legislature.
18.04
18.04
Purposes of public debt and amounts. 18.04(1)
(1) The commission may authorize public debt to be contracted and evidences of indebtedness to be issued therefor in an amount sufficient to fund or refund, as provided in
s. 18.06 (5), or to fund, refund or acquire for any of the purposes set forth in
sub. (5) and as provided in
s. 18.06 (7), the whole or any part of:
18.04(1)(a)
(a) Any public debt contracted pursuant to this subchapter.
18.04(1)(b)
(b) Any indebtedness incurred prior to January 1, 1972, by the Wisconsin State Agencies Building Corporation, Wisconsin State Colleges Building Corporation, Wisconsin State Public Building Corporation or Wisconsin University Building Corporation.
18.04(2)
(2) The commission shall authorize public debt to be contracted and evidences of indebtedness to be issued for the debt up to the amounts specified by the legislature to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, equipment or facilities or to make funds available for veterans housing loans for the classes of public purposes specified by the legislature as the funds are required. The requirements for funds shall be established by that department or agency head having program responsibilities for which public debt has been authorized by the legislature.
18.04(3)
(3) Each purpose enumerated in
sub. (1) shall be construed to include any premium payable with respect thereto and the expenses of funding, refunding and acquiring public debt. Each purpose specified by the legislature under
subs. (1) and
(2) shall be construed to include the expenses of contracting public debt.
18.04(5)
(5) Public debt may be contracted under
sub. (1) for any of the following purposes:
18.04(5)(a)
(a) To acquire public debt contracted to make funds available for veterans housing loans under
sub. (2).
18.04(5)(b)
(b) To fund or refund public debt contracted to make funds available for veterans housing loans under
sub. (2).
18.04(5)(c)
(c) To acquire public debt, other than public debt that is contracted to make funds available for veterans housing loans under
sub. (2), for the purpose of investment for the veterans primary mortgage loan program under
s. 45.37.
18.04(5)(d)
(d) To acquire public debt contracted for any of the purposes under
pars. (a) to
(c).
18.04(6)(a)(a) Public debt may include public debt contracted to fund interest, accrued or to accrue, on the public debt and to fund reserve funds for the public debt.
18.04(6)(b)
(b) The commission may direct that moneys resulting from any public debt contracted under this section be deposited in the funds or accounts created or designated by resolution of the commission or established by resolution under
s. 45.37 (7), including escrow accounts established under refunding escrow agreements that are authorized by the commission.
18.04(6)(c)
(c) Notwithstanding
s. 25.17, moneys deposited or held in funds or accounts under
par. (b) and all other moneys received under
s. 45.37 (7) (a) (intro.) may be invested in any obligations, either through cash purchase or exchange, as specified by resolution of the commission.
18.04(6)(d)
(d) Notwithstanding
s. 25.17, moneys deposited or held in funds or accounts under
par. (b) may be transferred to other funds or accounts or expended as provided by resolution of the commission, except that moneys resulting from public debt contracted for the purpose set forth in
sub. (5) (b) and deposited in an escrow account shall be payable solely for the purposes of the bond security and redemption fund and for costs related to the creation and maintenance of the escrow account.
18.05
18.05
Limitations on aggregate public debt. 18.05(1)
(1) The aggregate public debt contracted in any calendar year for purposes specified by the legislature pursuant to
s. 18.04 (2) shall not exceed an amount equal to the lesser of:
18.05(1)(a)
(a) Three-fourths of one percent of the aggregate value of all taxable property in the state; or
18.05(1)(b)
(b) Five percent of the aggregate value of all taxable property in the state less the sum of:
18.05(1)(b)1.
1. The aggregate public debt contracted pursuant to this subchapter which was outstanding as of January 1 of such calendar year after subtracting therefrom the amount on hand in the bond security and redemption fund and the amounts maintained pursuant to
s. 18.09 (3) on January 1 of such calendar year which is applicable exclusively to repayment of such outstanding public debt; and
18.05(1)(b)2.
2. The aggregate net indebtedness outstanding as of January 1 of such calendar year of the Wisconsin State Agencies Building Corporation, Wisconsin State Colleges Building Corporation, Wisconsin State Public Building Corporation and Wisconsin University Building Corporation.
18.05(2)
(2) The last determination made by the department of revenue of the full market value of all general property of the state liable to taxes pursuant to
s. 70.575 shall be the aggregate value of all taxable property in the state. The department of revenue shall certify such value when requested for use in connection with the contracting of state debt.
18.05(3)
(3) The legislative audit bureau shall annually determine the amounts under
sub. (1) (b) 1. and
2. and shall certify such amounts when requested for use in connection with the contracting of state debt. It shall use in making such determination the fair market value of all property on hand in the sinking funds of the bond security and redemption fund. It shall take into account any anticipatory contracts under
s. 18.10 (1).
18.05 History
History: 1977 c. 29 s.
1652;
2009 a. 177.
18.06(1)(1)
Authorizing resolution. No public debt may be contracted nor evidence of indebtedness issued by the state except pursuant to an authorizing resolution. Each authorizing resolution shall state each purpose of the debt it authorizes, which need not be more specific but shall not be more general than those purposes in or pursuant to law, and the maximum principal amount of debt authorized for each such purpose. The commission may amend at any time any purpose authorized by a resolution if the amendment does not cause the total amount of debt for that purpose to exceed the statutory limit on the issuance of debt for that purpose.
18.06(2)
(2) Loan. An authorizing resolution may authorize the negotiation of a loan or loan agreement of any type, upon any terms, with any bank, savings and loan association, savings bank or credit union, or with any agency of the United States.
18.06(3)
(3) Notes. An authorizing resolution may authorize the issuance and sale of notes. Such a sale may be public or private as provided in the authorizing resolution.
18.06(4)
(4) Bonds. An authorizing resolution may authorize the issuance and sale of bonds. Except as provided in
subs. (5),
(7) and
(9) and except for any bond authorized and issued under this subchapter and designated by the commission under
s. 18.82 as a higher education bond, the sale of bonds shall be public and noticed as provided in the authorizing resolution. Any or all bids received may be rejected and the sale canceled, or the sale of all or any part of the bonds negotiated, after bids at public sale have been rejected.
18.06(5)
(5) Funding and refunding. An authorizing resolution may authorize, for any one or more of the purposes described in
s. 18.04 (1), the issuance and sale of notes as provided in
sub. (3) or the issuance and sale of bonds as provided in
sub. (4). That sale may be public or private as provided in the authorizing resolution, and public debt may be exchanged in payment of or for the acquisition of other public debt.
18.06(6)
(6) Exercise of authority. Public debt may be contracted and evidence of indebtedness issued therefor under one or more authorizing resolutions, unless otherwise provided in the resolution, at any time and from time to time, for any combination of purposes, in any specific amounts, at any rates of interest, at any price or percentage of par value, for any term, payable at any intervals, at any place, in any manner and having any other terms or conditions deemed necessary or useful. A resolution authorizing the contracting of public debt may provide that the public debt bear interest at variable or fixed rates, bear no interest, bear interest payable at any time or bear interest payable only at maturity or upon redemption prior to maturity. Unless sooner exercised and unless a shorter period is provided in such resolution, every authorizing resolution shall expire one year after the date of its adoption.
18.06(7)
(7) Special procedures. Notwithstanding
subs. (2) to
(5), the following procedures apply to public debt contracted for any of the purposes under
s. 18.04 (5) or contracted for the purpose of making funds available for veterans housing loans:
18.06(7)(a)
(a) The public debt may be sold at public or private sale.
18.06(7)(b)
(b) The public debt may be exchanged publicly or privately in payment of or for the acquisition of other public debt.
18.06(7)(c)
(c) The public debt may be sold for par value or at a premium or discount from par value.
18.06(7)(d)
(d) The public debt may bear interest at variable or fixed rates as provided in or pursuant to the resolution authorizing the contracting of the public debt or, if the resolution so provides, may bear no interest, bear interest payable at any time or bear interest payable only at maturity or upon redemption prior to maturity.
18.06(8)(a)(a) Subject to
pars. (am) and
(ar), at the time of, or in anticipation of, contracting public debt and at any time thereafter while the public debt is outstanding, the commission may enter into agreements and ancillary arrangements relating to the public debt, including liquidity facilities, remarketing or dealer agreements, letter of credit agreements, insurance policies, guaranty agreements, reimbursement agreements, indexing agreements, or interest exchange agreements. The commission shall determine all of the following, if applicable, with respect to any such agreement or ancillary arrangement:
18.06(8)(a)1.
1. For any payment to be received with respect to the agreement or ancillary arrangement, whether the payment will be deposited into the bond security and redemption fund or the capital improvement fund.
18.06(8)(a)2.
2. For any payment to be made with respect to the agreement or ancillary arrangement, whether the payment will be made from the bond security and redemption fund or the capital improvement fund and the timing of any transfer of funds.
18.06(8)(am)
(am) With respect to any interest exchange agreement or agreements specified in
par. (a), all of the following shall apply:
18.06(8)(am)1.
1. The commission shall contract with an independent financial consulting firm to determine if the terms and conditions of the agreement reflect a fair market value, as of the proposed date of the execution of the agreement.
18.06(8)(am)2.
2. The interest exchange agreement must identify by maturity, bond issue, or bond purpose the debt or obligation to which the agreement is related. The determination of the commission included in an interest exchange agreement that such agreement relates to a debt or obligation shall be conclusive.
18.06(8)(am)3.
3. The resolution authorizing the commission to enter into any interest exchange agreement shall require that the terms and conditions of the agreement reflect a fair market value as of the date of execution of the agreement, as reflected by the determination of the independent financial consulting firm under
subd. 1., and shall establish guidelines for any such agreement, including the following:
18.06(8)(am)3.a.
a. The conditions under which the commission may enter into the agreements.
18.06(8)(am)3.c.
c. The aspects of risk exposure associated with the agreements.
18.06(8)(am)3.e.
e. The standards for the procurement of, and the setting aside of reserves, if any, in connection with, the agreements.
18.06(8)(am)3.f.
f. The provisions, if any, for collateralization or other requirements for securing any counterparty's obligations under the agreements.
18.06(8)(am)3.g.
g. A system for financial monitoring and periodic assessment of the agreements.
18.06(8)(ar)1.1. Subject to
subd. 2., the terms and conditions of an interest exchange agreement under
par. (a) shall not be structured so that, as of the trade date of the agreement, both of the following are reasonably expected to occur:
18.06(8)(ar)1.a.
a. The aggregate expected debt service and net exchange payments relating to the agreement during the fiscal year in which the trade date occurs will be less than the aggregate expected debt service and net exchange payments relating to the agreement that would be payable during that fiscal year if the agreement is not executed.
18.06(8)(ar)1.b.
b. The aggregate expected debt service and net exchange payments relating to the agreement in subsequent fiscal years will be greater than the aggregate expected debt service and net exchange payments relating to the agreement that would be payable in those fiscal years if the agreement is not executed.
18.06(8)(ar)2.
2. Subdivision 1. shall not apply if either of the following occurs:
18.06(8)(ar)2.a.
a. The commission receives a determination by the independent financial consulting firm under
par. (am) 1. that the terms and conditions of the agreement reflect payments by the state that represent on-market rates as of the trade date for the particular type of agreement.
18.06(8)(ar)2.b.
b. The commission provides written notice to the joint committee on finance of its intention to enter into an agreement that is reasonably expected to satisfy
subd. 1., and the joint committee on finance either approves or disapproves, in writing, the commission's entering into the agreement within 14 days of receiving the written notice from the commission.
18.06(8)(ar)3.
3. This paragraph shall not limit the liability of the state under an agreement if actual contracted net exchange payments in any fiscal year are less than or exceed original expectations.
18.06(8)(b)
(b) The commission may delegate to other persons the authority and responsibility to take actions necessary and appropriate to implement agreements and ancillary arrangements under
pars. (a) and
(am).
18.06(8)(c)
(c) Any public debt may include public debt contracted to fund interest, accrued or to accrue, on the public debt.
18.06(8)(d)
(d) Semiannually, during any year in which the state is a party to an agreement entered into pursuant to
par. (a) (intro.), the department of administration shall submit a report to the commission and to the cochairpersons of the joint committee on finance listing all such agreements. The report shall include all of the following:
18.06(8)(d)1.
1. A description of each agreement, including a summary of its terms and conditions, rates, maturity, and the estimated market value of each agreement.
18.06(8)(d)2.
2. An accounting of amounts that were required to be paid and received on each agreement.
18.06(8)(d)3.
3. Any credit enhancement, liquidity facility, or reserves, including an accounting of the costs and expenses incurred by the state.
18.06(8)(d)4.
4. A description of the counterparty to each agreement.
18.06(8)(d)5.
5. A description of the counterparty risk, the termination risk, and other risks associated with each agreement.
18.06(9)
(9) Clean water fund program bonds. Notwithstanding
sub. (4), the sale of bonds under this subchapter to provide revenue for the clean water fund program may be a private sale to the environmental improvement fund under
s. 25.43, if the bonds sold are held or owned by the environmental improvement fund, or a public sale, as provided in the authorizing resolution.
18.07
18.07
Form and content of evidence of indebtedness. 18.07(1)(1) Any provision of
s. 403.104 to the contrary notwithstanding, every evidence of indebtedness and every interest coupon appurtenant thereto is declared to be a negotiable instrument.
18.07(2)
(2) Every loan agreement entered into pursuant to
s. 18.06 (2) and every evidence of indebtedness given under such a loan agreement shall be executed in the name of and for the state by the secretary of the commission. Every other evidence of indebtedness shall be executed in the name of and for the state by the governor and by the secretary of administration and shall be sealed with the great seal of the state or a facsimile thereof of any size. The facsimile signature of either the governor or secretary of administration or both may be imprinted in lieu of the manual signature of such officer, as the commission directs, if approved by such officer. Evidence of indebtedness bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid notwithstanding that before or after the delivery thereof such person ceased to hold such office.
18.07(3)
(3) Every evidence of indebtedness shall be dated not later than the date issued, shall contain a reference by date to the appropriate authorizing resolution or resolutions and shall be in accordance therewith and, if issued for any one or more of the purposes described in
s. 18.04 (1), shall so state.
18.07(4)
(4) An evidence of indebtedness and any interest coupon appurtenant thereto shall be in such form and contain such statements or terms, not in conflict with law or with the appropriate authorizing resolution or resolutions, as the commission directs.
18.08
18.08
Capital improvement fund. 18.08(1)(a)(a) All moneys resulting from the contracting of public debt or any payment to be received with respect to any agreement or ancillary arrangement entered into under
s. 18.06 (8) (a) with respect to any such public debt shall be credited to a separate and distinct fund, established in the state treasury, designated as the capital improvement fund, except that:
18.08(1)(a)1.
1. Such moneys which represent accrued interest on bonds issued, or are for purposes of funding or refunding bonds pursuant to
s. 18.06 (5), shall be credited to one or more of the sinking funds of the bond security and redemption fund or to the state building trust fund.
18.08(1)(a)2.
2. Any such moneys that represent any payments received pursuant to any agreement or ancillary arrangement entered into under
s. 18.06 (8) (a) with respect to any such public debt may be credited to one or more of the sinking funds of the bond security and redemption fund or to the capital improvement fund, as determined by the commission.
18.08(1)(a)3.
3. Premiums required for deposit in reserve funds or those necessary to make cost of issuance and other ancillary payments may be credited to one or more of the sinking funds of the bond security and redemption fund or to the capital improvement fund, as determined by the commission.
