AB892-SSA1, s. 32
11Section
32. 66.04 (2) (a) 3q. of the statutes is created to read:
AB892-SSA1,10,1312
66.04
(2) (a) 3q. Bonds issued by a local professional football stadium district
13created under subch. IV of ch. 229.
AB892-SSA1,10,2515
66.066
(1) (a) "Municipality" means any city, village, town, county, commission
16created by contract under s. 66.30, public inland lake protection and rehabilitation
17district established under s. 33.23, 33.235 or 33.24, metropolitan sewerage district
18created under ss. 66.20 to 66.26 or 66.88 to 66.918, town sanitary district under
19subch. IX of ch. 60, a local professional baseball park district created under subch.
20III of ch. 229
, a local professional football stadium district created under subch. IV
21of ch. 229 or a municipal water district or power district under ch. 198 and any other
22public or quasi-public corporation, officer, board or other public body empowered to
23borrow money and issue obligations to repay the same out of revenues.
24"Municipality" does not include the state or a local exposition district created under
25subch. II of ch. 229.
AB892-SSA1,11,92
66.066
(1) (c) "Revenue" means all moneys received from any source by a public
3utility and all rentals and fees and
, in the case of a local professional baseball park
4district created under subch. III of ch. 229 includes tax revenues deposited into a
5special fund under s. 229.685 and payments made into a special debt service reserve
6fund under s. 229.74
and, in the case of a local professional football stadium district
7created under subch. IV of ch. 229 includes tax revenues deposited into a special fund
8under s. 229.825 and payments made into a special debt service reserve fund under
9s. 229.830.
AB892-SSA1, s. 35
10Section
35. 66.066 (5) of the statutes is renumbered 66.066 (5) (a).
AB892-SSA1,11,1412
66.066
(5) (b) Revenue bonds issued by a local professional football stadium
13district created under subch. IV of ch. 229 are subject to the provisions in ss. 229.829
14to 229.834.
AB892-SSA1,11,24
1666.067 Public works projects. For financing purposes, garbage
17incinerators, toll bridges, swimming pools, tennis courts, parks, playgrounds, golf
18links, bathing beaches, bathhouses, street lighting, city halls, village halls, town
19halls, courthouses, jails, schools, cooperative educational service agencies, hospitals,
20homes for the aged or indigent, child care centers, as defined in s. 231.01 (3c),
21regional projects, waste collection and disposal operations, systems of sewerage,
22local professional baseball park facilities
, local professional football stadium
23facilities and any and all other necessary public works projects undertaken by any
24municipality are public utilities within the meaning of s. 66.066.
AB892-SSA1,12,133
66.30
(1) (a) In this section "municipality" means the state or any department
4or agency thereof, or any city, village, town, county, school district, public library
5system, public inland lake protection and rehabilitation district, sanitary district,
6farm drainage district, metropolitan sewerage district, sewer utility district, solid
7waste management system created under s. 59.70 (2), local exposition district
8created under subch. II of ch. 229, local professional baseball park district created
9under subch. III of ch. 229,
local professional football stadium district created under
10subch. IV of ch. 229, family care district under s. 46.2895, water utility district,
11mosquito control district, municipal electric company, county or city transit
12commission, commission created by contract under this section, taxation district or
13regional planning commission.
AB892-SSA1, s. 39
14Section
39. 70.11 (36) of the statutes is renumbered 70.11 (36) (a) and
15amended to read:
AB892-SSA1,13,216
70.11
(36) (a)
Professional sports and entertainment home stadiums. 17Property consisting of or contained in a sports and entertainment home stadium
,
18except a football stadium as defined in s. 229.821 (6); including but not limited to
19parking lots, garages, restaurants, parks, concession facilities, entertainment
20facilities, transportation facilities, and other functionally related or auxiliary
21facilities and structures; including those facilities and structures while they are
22being built; constructed by, leased to or primarily used by a professional athletic team
23that is a member of a league that includes teams that have home stadiums in other
24states, and the land on which that stadium and those structures and facilities are
1located. Leasing or subleasing the property; regardless of the lessee, the sublessee
2and the use of the leasehold income; does not render the property taxable.
AB892-SSA1,13,154
70.11
(36) (b) Property consisting of or contained in a football stadium, as
5defined in s. 229.821 (6), and related facilities and structures, including those
6facilities and structures while they are being built or constructed, primarily used by
7a professional football team described in s. 229.823, and the land, including parking
8lots, on which that stadium and those facilities and structures are located. Related
9facilities and structures are limited to improvements that share common structural
10supports with the stadium or are physically attached to the stadium. Using the
11property for garages, restaurants, parks, concession facilities, entertainment
12facilities, transportation facilities, or other functionally related or auxiliary facilities
13does not render the property taxable. Leasing or subleasing the property; regardless
14of the lessee, the sublessee and the use of the leasehold income; does not render the
15property taxable.
AB892-SSA1,13,1817
71.05
(1) (c) 5. A local professional football stadium district created under
18subch. IV of ch. 229.
AB892-SSA1,13,2120
71.10
(5e) Local professional football stadium district debt service
21donation. (a)
Definitions. In this subsection:
AB892-SSA1,13,2222
1. "Department" means the department of revenue.
AB892-SSA1,13,2523
2. "Football donation" means a designation made under this subsection, the net
24proceeds of which shall be deposited into the fund under s. 229.8257 to be used for
25maintenance and operating costs of a football stadium under s. 229.821 (6).
AB892-SSA1,14,4
1(b)
Voluntary payments. 1. `Designation on return.' Every individual filing an
2income tax return who has a tax liability or is entitled to a tax refund may designate
3on the return any amount of additional payment or any amount of a refund due that
4individual as a football donation.
AB892-SSA1,14,75
2. `Designation added to tax owed.' If the individual owes any tax, the
6individual shall remit in full the tax due and the amount designated on the return
7as a football donation when the individual files a tax return.
AB892-SSA1,14,118
3. `Designation deducted from refund.' Except as provided under par. (d), if the
9individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80
10(3), the department shall deduct the amount designated on the return as a football
11donation from the amount of the refund.
AB892-SSA1,14,1412
(c)
Errors; failure to remit correct amount. If an individual who owes taxes fails
13to remit an amount equal to or in excess of the total of the actual tax due, after error
14corrections, and the amount designated on the return as a football donation:
AB892-SSA1,14,1915
1. The department shall reduce the designation for the football donation to
16reflect the amount remitted in excess of the actual tax due, after error corrections,
17if the individual remitted an amount in excess of the actual tax due, after error
18corrections, but less than the total of the actual tax due, after error corrections, and
19the amount originally designated on the return as a football donation.
AB892-SSA1,14,2120
2. The designation for the football donation is void if the individual remitted
21an amount equal to or less than the actual tax due, after error corrections.
AB892-SSA1,15,222
(d)
Errors; insufficient refund. If an individual who is owed a refund that does
23not equal or exceed the amount designated on the return as a football donation, after
24crediting under ss. 71.75 (9) and 71.80 (3) and after error corrections, the department
25shall reduce the designation for the football donation to reflect the actual amount of
1the refund the individual is otherwise owed, after crediting under ss. 71.75 (9) and
271.80 (3) and after error corrections.
AB892-SSA1,15,43
(e)
Conditions. If an individual places any conditions on a designation for the
4football donation, the designation is void.
AB892-SSA1,15,75
(f)
Void designation. If a designation for the football donation is void, the
6department shall disregard the designation and determine amounts due, owed,
7refunded and received without regard to the void designation.
AB892-SSA1,15,118
(g)
Tax return. The secretary of revenue shall provide a place for the
9designations under this subsection on the individual income tax return, and the
10secretary shall highlight that place on the return by a symbol chosen by the
11department that relates to a football stadium, as defined in s. 229.821 (6).
AB892-SSA1,15,1412
(h)
Certification of amounts. Annually, on or before September 15, the
13secretary of revenue shall certify to the district board under subch. IV of ch. 229, the
14department of administration and the state treasurer:
AB892-SSA1,15,1715
1. The total amount of the administrative costs, including data processing
16costs, incurred by the department in administering this subsection during the
17previous fiscal year.
AB892-SSA1,15,1918
2. The total amount received from all designations for football donations made
19by taxpayers during the previous fiscal year.
AB892-SSA1,15,2220
3. The net amount remaining after the administrative costs, including data
21processing costs, under subd. 1. are subtracted from the total received under subd.
222.
AB892-SSA1,16,423
4. From the moneys received from designations for football donations, an
24amount equal to the sum of administrative expenses, including data processing
25costs, certified under subd. 1. shall be deposited into the general fund and credited
1to the appropriation under s. 20.566 (1) (hp), and the net amount remaining that is
2certified under subd. 3. shall be deposited into the fund created under s. 229.8257
3and credited for maintenance and operating costs of a football stadium under s.
4229.821 (6).
AB892-SSA1,16,115
(i)
Amounts subject to refund. Amounts designated for football donations under
6this subsection are not subject to refund to the taxpayer unless the taxpayer submits
7information to the satisfaction of the department within 18 months after the date on
8which taxes are due or the date on which the return is filed, whichever is later, that
9the amount designated is clearly in error. Any refund granted by the department
10under this subdivision shall be deducted from the moneys received under this
11subsection in the fiscal year that the refund is certified.
AB892-SSA1,16,1613
71.26
(1) (bm)
Certain local districts. Income of a local exposition district
14created under subch. II of ch. 229
or, a local professional baseball park district
15created under subch. III of ch. 229
or a local professional football stadium district
16created under subch. IV of ch. 229.
AB892-SSA1,16,1918
71.26
(1m) (g) Those issued under s. 66.066 by a local professional baseball
19park district
or a local professional football stadium district.
AB892-SSA1,17,1721
71.36
(1m) A tax-option corporation may deduct from its net income all
22amounts included in the Wisconsin adjusted gross income of its shareholders, the
23capital gain deduction under s. 71.05 (6) (b) 9. and all amounts not taxable to
24nonresident shareholders under ss. 71.04 (1) and (4) to (9) and 71.362. For purposes
25of this subsection, interest on federal obligations, obligations issued under s. 66.066
1by a local professional baseball park district
or a local professional football stadium
2district, obligations issued under ss. 66.40, 66.431 and 66.4325, obligations issued
3under s. 234.65 to fund an economic development loan to finance construction,
4renovation or development of property that would be exempt under s. 70.11 (36) and
5obligations issued under subch. II of ch. 229 is not included in shareholders' income.
6The proportionate share of the net loss of a tax-option corporation shall be attributed
7and made available to shareholders on a Wisconsin basis but subject to the limitation
8and carry-over rules as prescribed by section
1366 (d) of the internal revenue code.
9Net operating losses of the corporation to the extent attributed or made available to
10a shareholder may not be used by the corporation for further tax benefit. For
11purposes of computing the Wisconsin adjusted gross income of shareholders,
12tax-option items shall be reported by the shareholders and those tax-option items,
13including capital gains and losses, shall retain the character they would have if
14attributed to the corporation, including their character as business income. In
15computing the tax liability of a shareholder, no credit against gross tax that would
16be available to the tax-option corporation if it were a nontax-option corporation may
17be claimed.
AB892-SSA1,17,2019
71.45
(1t) (g) Those issued under s. 66.066 by a local professional baseball park
20district
or a local professional football stadium district.
AB892-SSA1,18,522
77.54
(45) The gross receipts from the sale of and the use or other consumption
23of a onetime license or similar right to purchase admission to professional football
24games at a football stadium, as defined in s. 229.821 (6), that is granted by a
25municipality; a local professional football stadium district; or a professional football
1team or related party, as defined in s. 229.821 (12); if the person who buys the license
2or right is entitled, at the time the license or right is transferred to the person, to
3purchase admission to at least 3 professional football games in this state during one
4football season. The exemption under this subsection does not apply to a license or
5right that is sold after December 31, 2003.
AB892-SSA1,18,7
777.705 (title)
Adoption by resolution; baseball park district.
AB892-SSA1,18,16
977.706 Adoption by resolution; football stadium district. A local
10professional football stadium district created under subch. IV of ch. 229, by
11resolution under s. 229.824 (15), may impose a sales tax and a use tax under this
12subchapter at a rate of 0.5% of the gross receipts or sales price. Those taxes may be
13imposed only in their entirety. The imposition of the taxes under this section shall
14be effective on the first day of the first month that begins at least 30 days after the
15certification of the approval of the resolution by the electors in the district's
16jurisdiction under s. 229.824 (15).
AB892-SSA1,18,2519
77.707
(2) Retailers and the department of revenue may not collect a tax under
20s. 77.706 for any local professional football stadium district created under subch. IV
21of ch. 229 after the calendar quarter during which the local professional football
22stadium district board makes all of the certifications to the department of revenue
23under s. 229.825 (3), except that the department of revenue may collect from retailers
24taxes that accrued before that calendar quarter and fees, interest and penalties that
25relate to those taxes.
AB892-SSA1,19,5
277.71 Imposition of county and special district sales and use taxes. 3Whenever a county sales and use tax ordinance is adopted under s. 77.70 or a special
4district resolution is adopted under s. 77.705
or 77.706, the following taxes are
5imposed:
AB892-SSA1,19,13
6(1) For the privilege of selling, leasing or renting tangible personal property
7and for the privilege of selling, performing or furnishing services a sales tax is
8imposed upon retailers at the rate of 0.5% in the case of a county tax or at the rate
9under s. 77.705
or 77.706 in the case of a special district tax of the gross receipts from
10the sale, lease or rental of tangible personal property, except property taxed under
11sub. (4), sold, leased or rented at retail in the county or special district or from selling,
12performing or furnishing services described under s. 77.52 (2) in the county or special
13district.
AB892-SSA1,19,25
14(2) An excise tax is imposed at the rate of 0.5% in the case of a county tax or
15at the rate under s. 77.705
or 77.706 in the case of a special district tax of the sales
16price upon every person storing, using or otherwise consuming in the county or
17special district tangible personal property or services if the property or service is
18subject to the state use tax under s. 77.53, except that a receipt indicating that the
19tax under sub. (1), (3) or (4) has been paid relieves the buyer of liability for the tax
20under this subsection and except that if the buyer has paid a similar local tax in
21another state on a purchase of the same property or services that tax shall be credited
22against the tax under this subsection and except that for motor vehicles that are used
23for a purpose in addition to retention, demonstration or display while held for sale
24in the regular course of business by a dealer the tax under this subsection is imposed
25not on the sales price but on the amount under s. 77.53 (1m).
AB892-SSA1,20,10
1(3) An excise tax is imposed upon a contractor engaged in construction
2activities within the county or special district, at the rate of 0.5% in the case of a
3county tax or at the rate under s. 77.705
or 77.706 in the case of a special district tax
4of the sales price of tangible personal property that is used in constructing, altering,
5repairing or improving real property and that becomes a component part of real
6property in that county or special district,
unless
except that if the contractor has
7paid the sales tax of a county in the case of a county tax or of a special district in the
8case of a special district tax in this state on that property,
and except that if the buyer 9or has paid a similar local sales tax in another state on a purchase of the same
10property
, that tax shall be credited against the tax under this subsection.
AB892-SSA1,20,20
11(4) An excise tax is imposed at the rate of 0.5% in the case of a county tax or
12at the rate under s. 77.705
or 77.706 in the case of a special district tax of the sales
13price upon every person storing, using or otherwise consuming a motor vehicle, boat,
14snowmobile, mobile home not exceeding 45 feet in length, trailer, semitrailer,
15all-terrain vehicle or aircraft, if that property must be registered or titled with this
16state and if that property is to be customarily kept in a county that has in effect an
17ordinance under s. 77.70 or in a special district that has in effect a resolution under
18s. 77.705
or 77.706, except that if the buyer has paid a similar local sales tax in
19another state on a purchase of the same property that tax shall be credited against
20the tax under this subsection.
AB892-SSA1,21,2322
77.76
(3m) From the appropriation under s. 20.835 (4) (gb) the department, for
23the first 2 years of collection, shall distribute 97% of the
special district taxes
24reported for each
special local professional baseball park district that has imposed
25taxes under this subchapter, minus the
special district portion of the retailers'
1discounts, to the
special local professional baseball park district no later than the end
2of the 3rd month following the end of the calendar quarter in which such amounts
3were reported. From the appropriation under s. 20.835 (4) (gb) the department, after
4the first 2 years of collection, shall distribute 98.5% of the
special district taxes
5reported for each
special local professional baseball park district that has imposed
6taxes under this subchapter, minus the
special district portion of the retailers'
7discount, to the
special local professional baseball park district no later than the end
8of the 3rd month following the end of the calendar quarter in which such amounts
9were reported. At the time of distribution the department shall indicate the taxes
10reported by each taxpayer. In this subsection, the "
special district portion of the
11retailers' discount" is the amount determined by multiplying the total retailers'
12discount by a fraction the numerator of which is the gross
special local professional
13baseball park district sales and use taxes payable and the denominator of which is
14the sum of the gross state and
special local professional baseball park district sales
15and use taxes payable. The
special local professional baseball park district taxes
16distributed shall be increased or decreased to reflect subsequent refunds, audit
17adjustments and all other adjustments of the
special
local professional baseball park 18district taxes previously distributed. Interest paid on refunds of
special local
19professional baseball park district sales and use taxes shall be paid from the
20appropriation under s. 20.835 (4) (gb) at the rate paid by this state under s. 77.60 (1)
21(a). Any
special local professional baseball park district receiving a report under this
22subsection is subject to the duties of confidentiality to which the department of
23revenue is subject under s. 77.61 (5).
AB892-SSA1,22,20
177.76
(3p) From the appropriation under s. 20.835 (4) (ge) the department of
2revenue shall distribute 98.5% of the taxes reported for each local professional
3football stadium district that has imposed taxes under this subchapter, minus the
4district portion of the retailers' discount, to the local professional football stadium
5district no later than the end of the 3rd month following the end of the calendar
6quarter in which such amounts were reported. At the time of distribution the
7department of revenue shall indicate the taxes reported by each taxpayer. In this
8subsection, the "district portion of the retailers' discount" is the amount determined
9by multiplying the total retailers' discount by a fraction the numerator of which is
10the gross local professional football stadium district sales and use taxes payable and
11the denominator of which is the sum of the gross state and local professional football
12stadium district sales and use taxes payable. The local professional football stadium
13district taxes distributed shall be increased or decreased to reflect subsequent
14refunds, audit adjustments and all other adjustments of the local professional
15football stadium district taxes previously distributed. Interest paid on refunds of
16local professional football stadium district sales and use taxes shall be paid from the
17appropriation under s. 20.835 (4) (ge) at the rate paid by this state under s. 77.60 (1)
18(a). Any local professional football stadium district receiving a report under this
19subsection is subject to the duties of confidentiality to which the department of
20revenue is subject under s. 77.61 (5).
AB892-SSA1,23,223
77.76
(4) There shall be retained by the state 1.5% of the taxes collected for
24taxes imposed by special districts under
s. ss. 77.705
and 77.706 and 1.75% of the
25taxes collected for taxes imposed by counties under s. 77.70 to cover costs incurred
1by the state in administering, enforcing and collecting the tax. All interest and
2penalties collected shall be deposited and retained by this state in the general fund.
AB892-SSA1,23,5
485.605 Professional football stadium maintenance and operating
5costs. (1) In this section:
AB892-SSA1,23,66
(am) "District board" has the meaning given in s. 229.821 (5).
AB892-SSA1,23,77
(b) "Football stadium" has the meaning given in s. 229.821 (6).
AB892-SSA1,23,88
(c) "Football stadium facilities" has the meaning given in s. 229.821 (7).
AB892-SSA1,23,109
(d) "Professional football team" means a professional football team described
10in s. 229.823.
AB892-SSA1,23,18
11(2) From the appropriation under s. 20.395 (1) (ig), the department annually
12shall deposit payments into the fund established under s. 229.8257 by each local
13professional football stadium district created under subch. IV of ch. 229. The amount
14of any deposit under this section shall be the sum of money credited to the
15appropriation account under s. 20.395 (1) (ig) during the previous fiscal year that is
16attributable to the professional football team whose home stadium, as defined in s.
17229.821 (8), is located in the local professional football stadium district over which
18the district board that established the fund has jurisdiction.
AB892-SSA1, s. 57
19Section
57. 103.49 (3) (ar) of the statutes, as affected by 1999 Wisconsin Act
20.... (Assembly Bill 409), is amended to read:
AB892-SSA1,24,221
103.49
(3) (ar) In determining prevailing wage rates under par. (a) or (am), the
22department may not use data from projects that are subject to this section, s. 66.293
23or, 103.50
or 229.8275 or
40 USC 276a unless the department determines that there
24is insufficient wage data in the area to determine those prevailing wage rates, in
1which case the department may use data from projects that are subject to this
2section, s. 66.293
or, 103.50
or 229.8275 or
40 USC 276a.
AB892-SSA1,24,244
109.09
(1) The department shall investigate and attempt equitably to adjust
5controversies between employers and employes as to alleged wage claims. The
6department may receive and investigate any wage claim which is filed with the
7department, or received by the department under s. 109.10 (4), no later than 2 years
8after the date the wages are due. The department may, after receiving a wage claim,
9investigate any wages due from the employer against whom the claim is filed to any
10employe during the period commencing 2 years before the date the claim is filed. The
11department shall enforce this chapter and ss. 66.293, 103.02, 103.49, 103.82
and, 12104.12
and 229.8275. In pursuance of this duty, the department may sue the
13employer on behalf of the employe to collect any wage claim or wage deficiency and
14ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
15under s. 109.10, the department may refer such an action to the district attorney of
16the county in which the violation occurs for prosecution and collection and the
17district attorney shall commence an action in the circuit court having appropriate
18jurisdiction. Any number of wage claims or wage deficiencies against the same
19employer may be joined in a single proceeding, but the court may order separate
20trials or hearings. In actions that are referred to a district attorney under this
21subsection, any taxable costs recovered by the district attorney shall be paid into the
22general fund of the county in which the violation occurs and used by that county to
23meet its financial responsibility under s. 978.13 (2) for the operation of the office of
24the district attorney who prosecuted the action.
AB892-SSA1,25,3
1111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
2under s. 66.293
or, 103.49
or 229.8275 or testifies or assists in any action or
3proceeding under s. 66.293
or, 103.49
or 229.8275.
AB892-SSA1,25,65
219.09
(1) (d) A local professional football stadium district created under
6subch. IV of ch. 229.
AB892-SSA1,25,128
227.01
(13) (t) Ascertains and determines prevailing wage rates and prevailing
9hours of labor under ss. 66.293, 103.49
and, 103.50
and 229.8275, except that any
10action or inaction which ascertains and determines prevailing wage rates and
11prevailing hours of labor under ss. 66.293, 103.49
and
, 103.50
and 229.8275 is subject
12to judicial review under s. 227.40.
AB892-SSA1, s. 62
13Section
62. Subchapter IV of chapter 229 [precedes 229.820] of the statutes
14is created to read:
AB892-SSA1,25,1816
Subchapter IV
17
Local Professional
18
Football stadium districts
AB892-SSA1,26,3
19229.820 Legislative declaration. (1) The legislature determines that the
20provision of assistance by state agencies to a district under this subchapter, any
21appropriation of funds to a district under this subchapter and the moral obligation
22pledge under s. 229.830 (7) serve a statewide public purpose by assisting the
23development of professional football stadium facilities in the state for providing
24recreation, by encouraging economic development and tourism, by reducing
25unemployment and by bringing needed capital into the state for the benefit and
1welfare of people throughout the state. The legislature determines that the taxes
2that may be imposed by a district under subch. V of ch. 77 are special taxes that are
3generated apart from any direct annual tax on taxable property.