Wisconsin Code § 234.165

Authority surplus fund
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(1) The authority shall
continue the authority surplus fund established under its resolutions authorizing the issuance of its bonds or notes before May 8,
1982.
(2) (a) In this subsection, “surplus” means assets of the authority which are not required to pay the cost of issuance of bonds
or notes of the authority, to make financially feasible economic
development loans and housing projects receiving proceeds from
authority bond or note issues or to honor agreements with bondholders and noteholders.
(b) 1. Annually before August 31 the chairperson of the authority shall certify and file with the secretary of administration a
report of the actual surplus available on the preceding June 30
and the surplus projected by the authority to be available on the
succeeding June 30. Together with this report, the chairperson of
the authority shall report, as of the preceding June 30:
a. The amount or value and an explanation of all short-term
deferred receivables and property of the authority and any
amounts reserved to cover any deficiency in operating revenue or
to fund the replacement or maintenance of assets of the authority.
b. The amount reserved to be used for loans and other expenditures under each plan approved under this subsection in each
prior year.
bm. The amount reserved to be used for loans and other expenditures under any plan approved under this subsection that has
been loaned or expended or that has been returned to the surplus
since the effective date of the plan submitted under this subsection in the previous year.
c. The amount reserved to be used for loans and other expenditures under any plan approved under this subsection in any
prior year that is not legally obligated to be paid to a party other
than the authority, the planned use of each such amount, and the
projected date by which any such amount that is not used in accordance with the plan approved for its use will become a part of
the authority’s surplus.
cm. The amount reserved to be used for loans and other expenditures under any plan approved under this subsection in any
prior year that have been approved by the authority but for which
the authority has not yet signed a contract, the planned use of
each such amount, and the projected date by which any such
amount that is not used in accordance with the plan approved for
its use will become a part of the authority’s surplus.
d. The actual surplus that became available on the preceding
June 30, together with the projected surplus for that date as contained in the authority’s report under this subdivision in the previous year.
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. 16.302. The plan submitted under this subdivision may be attached to and submitted as a part of the report filed under subd. 1.
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.
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.
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.
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.
7. The plan is not effective until approved or modified under
this paragraph.
(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:
1. Not more than 5 percent of the funds allocated to the plan
category from which the transfer is made.
2. More than 5 percent 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.
(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.
(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.

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