25.182
25.182
Management authority for certain funds. In addition to the management authority provided under any other provision of law, and notwithstanding any limitation on the board's management authority provided under any other provision of law, the board shall have authority to manage the money and property of the core retirement investment trust and, subject to s.
25.17 (5), the variable retirement investment trust in any manner that does not violate the standard of responsibility specified in s.
25.15 (2).
25.182 History
History: 2007 a. 212.
25.182 Annotation
The Investment Board has the power to make investments that meet the standard of prudence under s. 25.15 (2), even if those investments are not specifically listed in ch. 25. Prior to making investments other than the types enumerated in ch. 25, the board is not required to make a threshold finding that investing solely in the “legal list" would not meet the standard of prudence. The statutory standard for prudence remains the same whether the board is investing in an enumerated investment, or one that is not enumerated. Because the standard of prudence, however, takes into account the trustees' powers to manage the funds, the board's expanded powers are a relevant factor in evaluating whether the board has met that standard.
OAG 11-08.
25.183
25.183
Certain investments prohibited. 25.183(1)(a)
(a) “Derivative" means any financial contract or other instrument that derives its value from the value or performance of any security, currency exchange rate or interest rate or of any index or group of any securities, currency exchange rates or interest rates, but does not include any of the following:
25.183(1)(a)1.
1. Any security that is traded on a national securities exchange or on an automated interdealer quotation system sponsored by a securities association registered under
15 USC 78o-3, et seq.
25.183(1)(a)2.
2. Any forward contract which has a maturity at the time of issuance not exceeding 270 days.
25.183(1)(a)3.
3. Any contract of sale of a commodity, as defined under
7 USC 2, for future delivery, or any option on such a contract, traded or executed on a designated contract market and subject to regulation under
7 USC 1 to
26.
25.183(1)(a)4.
4. Any security of an open-end management investment company or investment trust, if the investment company or investment trust is registered under
15 USC 80a-1 to
80a-64.
25.183(1)(a)6e.
6e. Any collateralized mortgage obligation or other asset-backed security which either has one of the 2 highest ratings given by a nationally recognized rating service or is backed or collateralized by insured instruments, guarantees or pledges of the federal government, this state or an agency of the federal government or this state.
25.183(1)(a)6m.
6m. Any transaction permitted under s.
25.18 (1) (n), if all of the following conditions are met at the time the transaction is entered into:
25.183(1)(a)6m.a.
a. The counterparty to the transaction is rated in, or has outstanding long-term debt which is rated in, one of the 2 highest ratings given by a nationally recognized rating service.
25.183(1)(a)6m.b.
b. The transaction is used only for specified hedging or interest rate risk reduction purposes.
25.183(1)(a)6m.c.
c. All of the board's payment obligations under the transaction are fully backed by distinctly identified assets held in the state investment fund.
25.183(1)(a)7.
7. Any financial contract or instrument that the board determines, by rule, is not a derivative.
25.183(1)(b)
(b) “Reverse repurchase agreement" means an agreement for the sale of securities by the board under which the board will repurchase those securities on or before a specified date and for a specified amount.
25.183(2)
(2)
Derivative investments. After May 7, 1996, the board may not purchase or acquire any derivative in the state investment fund except in accordance with rules promulgated by the board. Rules promulgated under this subsection may not permit the purchase or acquisition of derivatives in the state investment fund unless the purchase or acquisition is made for the purpose of reducing risk of price changes or of interest rate or currency exchange rate fluctuations with respect to investments held or to be held by the board.
25.183(3)
(3)
Reverse repurchase agreements. After May 7, 1996, the board may not enter into any reverse repurchase agreement unless the repurchase of securities under the agreement is required to occur no later than the next business day.
25.183 History
History: 1995 a. 274.
25.184
25.184
Confidentiality of venture capital investment information. Information relating to investments made or considered by the board in securities of entities that are in the venture capital stage are not subject to public inspection, copying, or disclosure under s.
19.35 unless the information has been publicly released by another person.
25.184 History
History: 2011 a. 32.
25.185
25.185
Minority financial advisers and investment firms; disabled veteran-owned financial advisers and investment firms. 25.185(1)(a)
(a) “Disabled veteran-owned financial adviser" means a financial adviser certified by the department of administration under s.
16.283 (3).
25.185(1)(b)
(b) “Disabled veteran-owned investment firm" means an investment firm certified by the department of administration under s.
16.283 (3).
25.185(1)(c)
(c) “Minority financial adviser" means a financial adviser certified by the department of administration under s.
16.287 (2).
25.185(1)(d)
(d) “Minority investment firm" means an investment firm certified by the department of administration under s.
16.287 (2).
25.185(2)(a)(a) The board shall attempt to ensure that 5 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of minority financial advisers or minority investment firms.
25.185(2)(b)
(b) The board shall attempt to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disabled veteran-owned financial advisers or disabled veteran-owned investment firms.
25.185(3)
(3) The board shall annually report to the department of administration the total amount of moneys expended under sub.
(2) for common stock and convertible bond brokerage commissions, the services of minority and disabled veteran-owned financial advisers, and the services of minority and disabled veteran-owned investment firms during the preceding fiscal year.
25.186
25.186
Broker-dealers located in this state. 25.186(1)(b)
(b) “Securities trading brokerage commission" means any commission or fee paid on or for a brokered security transaction, a purchase of a security or any other kind of trade of a security.
25.186(2)(a)(a) Of the total funds that are expended by the board for securities trading brokerage commissions in any fiscal year, the board shall pay at least 5 percent of the total funds in securities trading brokerage commissions to broker-dealers that are registered under s.
551.406, that are headquartered in this state and whose principal business operations are located in this state.
25.186(2)(b)
(b) For the purpose of satisfying the requirement under par.
(a), the board may not include any securities trading brokerage commissions paid to minority financial advisers and minority investment firms under s.
25.185.
25.186(3)
(3) Annually, no later than September 30, the board shall submit a report to the department of administration documenting the amount of moneys expended in the preceding fiscal year by the board for securities trading brokerage commissions and the amount of moneys paid in the preceding fiscal year for securities trading brokerage commissions to broker-dealers under sub.
(2) (a).
25.186 History
History: 1999 a. 9;
2007 a. 196.
25.187
25.187
Operating expenditures. 25.187(1)(1)
In this section, “operating expenditures" include all costs and expenses incurred by the investment board for the purpose of operating the board and managing the assets of each fund for which the board has management responsibility, but does not include costs or expenses incurred under s.
25.18 (1) (a),
(c),
(f) or
(m) or
(2) (d) or
(e) or
40.04 (3) (intro.).
25.187(2)(a)(a) On September 1 of each year, the investment board shall assess each fund for which the board has management responsibility for its share of the board's operating expenditures for the current fiscal year in an equitable manner. The board shall pay the assessment from the current income of each fund, unless an appropriation is made for payment of the assessment, in which case the assessment shall be paid from that appropriation account.
25.187(2)(b)
(b) The investment board may establish the operating budget for operating expenditures and monitor the fiscal management of this operating budget.
25.187(3)
(3) The investment board shall transmit a notice of each assessment to each fund at the time that the assessment is made, and shall transmit a statement of the board's actual expenditures for management of each fund at the close of each fiscal year both to the state agency having primary responsibility for expenditure of principal or earnings of the fund and to the department of administration or, if there is no state agency, only to the department of administration.
25.19
25.19
Treasurer; bond; deposit of securities; cash management. 25.19(1)(1)
The state treasurer shall be the treasurer of the board and shall give an additional bond in the amount and with the corporate sureties required and approved by the board, the cost of which shall be borne by the board.
25.19(1m)
(1m) Any of the securities purchased by the board for any of the funds whose investment is under the control of the board may be deposited by the board in vaults or other safe depositories either in or outside of this state.
25.19(3)
(3) The secretary of administration or his or her designee shall allocate bank service costs to the funds incurring those costs.
25.19(4)
(4) The secretary of administration shall provide advice to state agencies concerning efficient cash management practices.
25.20
25.20
General fund. All moneys in the state treasury not specifically designated in any statute as belonging to any other funds constitute the general fund.
25.29
25.29
Conservation fund. 25.29(1)(1)
There is established a separate nonlapsible trust fund designated as the conservation fund to consist of:
25.29(1)(a)
(a) Except as provided in ss.
25.293 and
25.295, all moneys accruing to the state for or in behalf of the department under chs.
26,
27,
28,
29,
169, and
350, subchs.
I and
VI of ch. 77 and ss.
23.09 to
23.31,
23.325,
23.33,
23.335, except as provided in s.
25.40 (1) (bt),
23.35 to
23.42,
23.50 to
23.99,
30.50 to
30.55,
71.10 (5),
71.30 (10), and
90.21, including grants received from the federal government or any of its agencies except as otherwise provided by law.
25.29(1)(c)
(c) For fiscal year 1992-93, and for each fiscal year thereafter, an amount equal to the estimated motorboat gas tax payment multiplied by 1.4. Except for fiscal years 2007-08, 2008-09, and 2009-10, the estimated motorboat gas tax payment is calculated by multiplying the number of motorboats registered under s.
30.52 on January 1 of the previous fiscal year by 50 gallons and multiplying that product by the excise tax imposed under s.
78.01 (1) on April 1 of the previous fiscal year. For fiscal years 2007-08, 2008-09, and 2009-10, the estimated motorboat gas tax payment is calculated by multiplying the number of motorboats registered under s.
30.52 on January 1 of the previous fiscal year by 50.5 gallons and multiplying that product by the excise tax imposed under s.
78.01 (1) on April 1 of the previous fiscal year.
25.29(1)(d)1m.1m. An amount equal to the estimated snowmobile gas tax payment.
25.29(1)(d)2m.
2m. For fiscal years before fiscal year 2013-14, the estimated snowmobile gas tax payment is the sum of the following amounts:
25.29(1)(d)2m.a.
a. An amount calculated by multiplying the number of snowmobiles registered under s.
350.12 or
350.122 on the last day of March of the previous fiscal year by 50 gallons and multiplying that product by the excise tax imposed under s.
78.01 (1) on the last day of March of the previous fiscal year.
25.29(1)(d)3.
3. For fiscal year 2013-14, and for each fiscal year thereafter, the estimated snowmobile gas tax payment is the sum of the following amounts:
25.29(1)(d)3.a.
a. An amount calculated by multiplying the number of snowmobiles registered under s.
350.12 or
350.122 on the last day of March of the previous fiscal year by 50 gallons and multiplying that product by the excise tax imposed under s.
78.01 (1) on the last day of March of the previous fiscal year.
25.29(1)(dm)1.1. An amount equal to the estimated all-terrain vehicle gas tax payment.
25.29(1)(dm)2.
2. For fiscal years before fiscal year 2013-14, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s.
23.33 (2) (c) or
(2g) and the number of reflectorized plates issued under s.
23.33 (2) (dm), 2009 stats., on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s.
78.01 (1) on the last day of February of the previous fiscal year.
25.29(1)(dm)3.
3. For fiscal year 2013-14, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s.
23.33 (2) (c) or
(2g), the number of reflectorized plates issued under s.
23.33 (2) (dm), 2009 stats., and the number of commercial all-terrain vehicle registration decals issued under s.
23.33 (2) (dm) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s.
78.01 (1) on the last day of February of the previous fiscal year.
25.29(1)(dm)4.
4. For fiscal year 2014-15, and for each fiscal year thereafter, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s.
23.33 (2) (c) or
(2g) and the number of commercial all-terrain vehicle registration decals issued under s.
23.33 (2) (dm) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s.
78.01 (1) on the last day of February of the previous fiscal year.
25.29(1)(dr)
(dr) For fiscal year 2013-14 and for each fiscal year thereafter, an amount equal to the estimated utility terrain vehicle gas tax payment. The estimated utility terrain vehicle gas tax payment is calculated by multiplying the sum of the number of utility terrain vehicles registered for public use under s.
23.33 (2) (c) or
(2g) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s.
78.01 (1) on the last day of February of the previous fiscal year.
25.29(1m)
(1m) There is established in the conservation fund a separate account that is designated the snowmobile account and that consists of the moneys paid into the conservation fund under s.
20.855 (4) (t) and the moneys collected under s.
350.12.
25.29(2)
(2) License fees and other state moneys collected by each field employee of the department shall be remitted to the department within one month after receipt together with a report of the number of licenses issued and details covering the type and the amount of money remitted.
25.29(3)
(3) Funds accruing to the conservation fund from license fees paid by hunters and from sport and recreation fishing license fees shall not be diverted for any other purpose than the administration of the department when it is exercising its responsibilities that are specific to the management of the fish and wildlife resources of this state.
25.29(3m)(a)(a) The total amount that the department may expend for a given fiscal year from the fish and wildlife account of the conservation fund for administrative costs may not exceed 16 percent of the expenditures from that account for that fiscal year.
25.29(3m)(b)
(b) For purposes of par.
(a), administrative costs consist of the costs incurred in the administration of the department and its divisions and in providing support services for the department.
25.29(4)
(4) No money shall be expended or paid from the conservation fund except in pursuance of an appropriation by law.
25.29(4m)
(4m) No moneys that accrue to the state for or in behalf of the department under ch.
29 or
169 or s.
90.21 may be expended or paid for the enforcement of the treaty-based, off-reservation rights to fish held by members of federally recognized American Indian tribes or bands domiciled in Wisconsin.
25.29(5)
(5) A gift or bequest shall be used in accordance with the directions of the donor.
