AB892-engrossed,14,32
25.17
(3) (b) 11. Bonds issued by a local professional football stadium district
3created under subch. IV of ch. 229.
AB892-engrossed,14,146
25.50
(1) (d) "Local government" means any county, town, village, city, power
7district, sewerage district, drainage district, town sanitary district, public inland
8lake protection and rehabilitation district, local professional baseball park district
9created under subch. III of ch. 229, family care district under s. 46.2895,
local
10professional football stadium district created under subch. IV of ch. 229, public
11library system, school district or technical college district in this state, any
12commission, committee, board or officer of any governmental subdivision of this
13state, any court of this state, other than the court of appeals or the supreme court,
14or any authority created under s. 231.02, 233.02 or 234.02.
AB892-engrossed,15,216
32.02
(1) Any county, town, village, city, including villages and cities
17incorporated under general or special acts, school district, the department of health
18and family services, the department of corrections, the board of regents of the
19university of Wisconsin system, the building commission, a commission created by
20contract under s. 66.30, with the approval of the municipality in which condemnation
21is proposed, or any public board or commission, for any lawful purpose, but in the
22case of city and village boards or commissions approval of that action is required to
23be granted by the governing body. A mosquito control commission, created under s.
2459.70 (12), may not acquire property by condemnation.
A local professional football
1stadium district board, created under subch. IV of ch. 229, may not acquire property
2by condemnation.
AB892-engrossed,15,84
66.04
(2) (a) (intro.) Any county, city, village, town, school district, drainage
5district, technical college district or other governing board
, as defined by s. 34.01 (1)
,
6other than a local professional football stadium district board created under subch.
7IV of ch. 229, may invest any of its funds not immediately needed in any of the
8following:
AB892-engrossed,15,1110
66.04
(2) (a) 3q. Bonds issued by a local professional football stadium district
11created under subch. IV of ch. 229.
AB892-engrossed,15,2313
66.066
(1) (a) "Municipality" means any city, village, town, county, commission
14created by contract under s. 66.30, public inland lake protection and rehabilitation
15district established under s. 33.23, 33.235 or 33.24, metropolitan sewerage district
16created under ss. 66.20 to 66.26 or 66.88 to 66.918, town sanitary district under
17subch. IX of ch. 60, a local professional baseball park district created under subch.
18III of ch. 229
, a local professional football stadium district created under subch. IV
19of ch. 229 or a municipal water district or power district under ch. 198 and any other
20public or quasi-public corporation, officer, board or other public body empowered to
21borrow money and issue obligations to repay the same out of revenues.
22"Municipality" does not include the state or a local exposition district created under
23subch. II of ch. 229.
AB892-engrossed,16,8
166.066
(1) (c) "Revenue" means all moneys received from any source by a public
2utility and all rentals and fees and
, in the case of a local professional baseball park
3district created under subch. III of ch. 229 includes tax revenues deposited into a
4special fund under s. 229.685 and payments made into a special debt service reserve
5fund under s. 229.74
and, in the case of a local professional football stadium district
6created under subch. IV of ch. 229 includes tax revenues deposited into a special fund
7under s. 229.825 and payments made into a special debt service reserve fund under
8s. 229.830.
AB892-engrossed,16,1311
66.066
(5) (b) Revenue bonds issued by a local professional football stadium
12district created under subch. IV of ch. 229 are subject to the provisions in ss. 229.829
13to 229.834.
AB892-engrossed,16,23
1566.067 Public works projects. For financing purposes, garbage
16incinerators, toll bridges, swimming pools, tennis courts, parks, playgrounds, golf
17links, bathing beaches, bathhouses, street lighting, city halls, village halls, town
18halls, courthouses, jails, schools, cooperative educational service agencies, hospitals,
19homes for the aged or indigent, child care centers, as defined in s. 231.01 (3c),
20regional projects, waste collection and disposal operations, systems of sewerage,
21local professional baseball park facilities
, local professional football stadium
22facilities and any and all other necessary public works projects undertaken by any
23municipality are public utilities within the meaning of s. 66.066.
AB892-engrossed,17,11
166.30
(1) (a) In this section "municipality" means the state or any department
2or agency thereof, or any city, village, town, county, school district, public library
3system, public inland lake protection and rehabilitation district, sanitary district,
4farm drainage district, metropolitan sewerage district, sewer utility district, solid
5waste management system created under s. 59.70 (2), local exposition district
6created under subch. II of ch. 229, local professional baseball park district created
7under subch. III of ch. 229,
local professional football stadium district created under
8subch. IV of ch. 229, family care district under s. 46.2895, water utility district,
9mosquito control district, municipal electric company, county or city transit
10commission, commission created by contract under this section, taxation district or
11regional planning commission.
AB892-engrossed, s. 25m
12Section 25m. 70.11 (36) of the statutes is renumbered 70.11 (36) (a) and
13amended to read:
AB892-engrossed,17,2414
70.11
(36) (a) Property consisting of or contained in a sports and entertainment
15home stadium
, except a football stadium as defined in s. 229.821 (6); including but
16not limited to parking lots, garages, restaurants, parks, concession facilities,
17entertainment facilities, transportation facilities, and other functionally related or
18auxiliary facilities and structures; including those facilities and structures while
19they are being built; constructed by, leased to or primarily used by a professional
20athletic team that is a member of a league that includes teams that have home
21stadiums in other states, and the land on which that stadium and those structures
22and facilities are located. Leasing or subleasing the property; regardless of the
23lessee, the sublessee and the use of the leasehold income; does not render the
24property taxable.
AB892-engrossed,18,12
170.11
(36) (b) Property consisting of or contained in a football stadium, as
2defined in s. 229.821 (6), and related facilities and structures, including those
3facilities and structures while they are being built or constructed, primarily used by
4a professional football team described in s. 229.823, and the land, including parking
5lots, on which that stadium and those facilities and structures are located. Related
6facilities and structures are limited to improvements that share common structural
7supports with the stadium or are physically attached to the stadium. Using the
8property for garages, restaurants, parks, concession facilities, entertainment
9facilities, transportation facilities, or other functionally related or auxiliary facilities
10does not render the property taxable. Leasing or subleasing the property; regardless
11of the lessee, the sublessee and the use of the leasehold income; does not render the
12property taxable.
AB892-engrossed,18,1514
71.05
(1) (c) 5. A local professional football stadium district created under
15subch. IV of ch. 229.
AB892-engrossed,18,1817
71.10
(5e) Local professional football stadium district debt service
18donation. (a)
Definitions. In this subsection:
AB892-engrossed,18,1919
1. "Department" means the department of revenue.
AB892-engrossed,18,2220
2. "Football donation" means a designation made under this subsection, the net
21proceeds of which shall be deposited into the special fund under s. 229.825 to be used
22for debt service as described in s. 229.825 (2).
AB892-engrossed,19,223
(b)
Voluntary payments. 1. `Designation on return.' Every individual filing an
24income tax return who has a tax liability or is entitled to a tax refund may designate
1on the return any amount of additional payment or any amount of a refund due that
2individual as a football donation.
AB892-engrossed,19,53
2. `Designation added to tax owed.' If the individual owes any tax, the
4individual shall remit in full the tax due and the amount designated on the return
5as a football donation when the individual files a tax return.
AB892-engrossed,19,96
3. `Designation deducted from refund.' Except as provided in par. (d), if the
7individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80
8(3), the department shall deduct the amount designated on the return as a football
9donation from the amount of the refund.
AB892-engrossed,19,1210
(c)
Errors; failure to remit correct amount. If an individual who owes taxes fails
11to remit an amount equal to or in excess of the total of the actual tax due, after error
12corrections, and the amount designated on the return as a football donation:
AB892-engrossed,19,1713
1. The department shall reduce the designation for the football donation to
14reflect the amount remitted in excess of the actual tax due, after error corrections,
15if the individual remitted an amount in excess of the actual tax due, after error
16corrections, but less than the total of the actual tax due, after error corrections, and
17the amount originally designated on the return as a football donation.
AB892-engrossed,19,1918
2. The designation for the football donation is void if the individual remitted
19an amount equal to or less than the actual tax due, after error corrections.
AB892-engrossed,19,2520
(d)
Errors; insufficient refund. If an individual who is owed a refund that does
21not equal or exceed the amount designated on the return as a football donation, after
22crediting under ss. 71.75 (9) and 71.80 (3) and after error corrections, the department
23shall reduce the designation for the football donation to reflect the actual amount of
24the refund that the individual is otherwise owed, after crediting under ss. 71.75 (9)
25and 71.80 (3) and after error corrections.
AB892-engrossed,20,2
1(e)
Conditions. If an individual places any conditions on a designation for the
2football donation, the designation is void.
AB892-engrossed,20,53
(f)
Void designation. If a designation for the football donation is void, the
4department shall disregard the designation and determine amounts due, owed,
5refunded and received without regard to the void designation.
AB892-engrossed,20,96
(g)
Tax return. The secretary of revenue shall provide a place for the
7designations under this subsection on the individual income tax return, and the
8secretary shall highlight that place on the return by a symbol chosen by the
9department that relates to a football stadium, as defined in s. 229.821 (6).
AB892-engrossed,20,1210
(h)
Certification of amounts. Annually, on or before September 15, the
11secretary of revenue shall certify to the district board under subch. IV of ch. 229, the
12department of administration and the state treasurer:
AB892-engrossed,20,1513
1. The total amount of the administrative costs, including data processing
14costs, incurred by the department in administering this subsection during the
15previous fiscal year.
AB892-engrossed,20,1716
2. The total amount received from all designations for football donations made
17by taxpayers during the previous fiscal year.
AB892-engrossed,20,2018
3. The net amount remaining after the administrative costs, including data
19processing costs, under subd. 1. are subtracted from the total received under subd.
202.
AB892-engrossed,21,221
4. From the moneys received from designations for football donations, an
22amount equal to the sum of administrative expenses, including data processing
23costs, certified under subd. 1. shall be deposited into the general fund and credited
24to the appropriation under s. 20.566 (1) (hp), and the net amount remaining that is
1certified under subd. 3. shall be deposited into the special fund created under s.
2229.825 and credited for debt service as described in s. 229.825 (2).
AB892-engrossed,21,93
(i)
Amounts subject to refund. Amounts designated for football donations under
4this subsection are not subject to refund to the taxpayer unless the taxpayer submits
5information to the satisfaction of the department within 18 months after the date on
6which taxes are due or the date on which the return is filed, whichever is later, that
7the amount designated is clearly in error. Any refund granted by the department
8under this paragraph shall be deducted from the moneys received under this
9subsection in the fiscal year in which the refund is certified.
AB892-engrossed,21,1210
(j)
Sunset. No football donation under this subsection may be made in any
11taxable year beginning on or after January 1 of the year in which the department
12receives the certification described in s. 229.825 (3) (a).
AB892-engrossed,21,1714
71.26
(1) (bm)
Certain local districts. Income of a local exposition district
15created under subch. II of ch. 229
or, a local professional baseball park district
16created under subch. III of ch. 229
or a local professional football stadium district
17created under subch. IV of ch. 229.
AB892-engrossed,21,2019
71.26
(1m) (g) Those issued under s. 66.066 by a local professional baseball
20park district
or a local professional football stadium district.
AB892-engrossed,22,1822
71.36
(1m) A tax-option corporation may deduct from its net income all
23amounts included in the Wisconsin adjusted gross income of its shareholders, the
24capital gain deduction under s. 71.05 (6) (b) 9. and all amounts not taxable to
25nonresident shareholders under ss. 71.04 (1) and (4) to (9) and 71.362. For purposes
1of this subsection, interest on federal obligations, obligations issued under s. 66.066
2by a local professional baseball park district
or a local professional football stadium
3district, obligations issued under ss. 66.40, 66.431 and 66.4325, obligations issued
4under s. 234.65 to fund an economic development loan to finance construction,
5renovation or development of property that would be exempt under s. 70.11 (36) and
6obligations issued under subch. II of ch. 229 is not included in shareholders' income.
7The proportionate share of the net loss of a tax-option corporation shall be attributed
8and made available to shareholders on a Wisconsin basis but subject to the limitation
9and carry-over rules as prescribed by section
1366 (d) of the internal revenue code.
10Net operating losses of the corporation to the extent attributed or made available to
11a shareholder may not be used by the corporation for further tax benefit. For
12purposes of computing the Wisconsin adjusted gross income of shareholders,
13tax-option items shall be reported by the shareholders and those tax-option items,
14including capital gains and losses, shall retain the character they would have if
15attributed to the corporation, including their character as business income. In
16computing the tax liability of a shareholder, no credit against gross tax that would
17be available to the tax-option corporation if it were a nontax-option corporation may
18be claimed.
AB892-engrossed,22,2120
71.45
(1t) (g) Those issued under s. 66.066 by a local professional baseball park
21district
or a local professional football stadium district.
AB892-engrossed,23,623
77.54
(45) The gross receipts from the sale of and the use or other consumption
24of a onetime license or similar right to purchase admission to professional football
25games at a football stadium, as defined in s. 229.821 (6), that is granted by a
1municipality; a local professional football stadium district; or a professional football
2team or related party, as defined in s. 229.821 (12); if the person who buys the license
3or right is entitled, at the time the license or right is transferred to the person, to
4purchase admission to at least 3 professional football games in this state during one
5football season. The exemption under this subsection does not apply to a license or
6right that is sold after December 31, 2003.
AB892-engrossed,23,8
877.705 (title)
Adoption by resolution; baseball park district.
AB892-engrossed,23,17
1077.706 Adoption by resolution; football stadium district. A local
11professional football stadium district created under subch. IV of ch. 229, by
12resolution under s. 229.824 (15), may impose a sales tax and a use tax under this
13subchapter at a rate of 0.5% of the gross receipts or sales price. Those taxes may be
14imposed only in their entirety. The imposition of the taxes under this section shall
15be effective on the first day of the first month that begins 30 days after the
16certification of the approval of the resolution by the electors in the district's
17jurisdiction under s. 229.824 (15).
AB892-engrossed,24,220
77.707
(2) Retailers and the department of revenue may not collect a tax under
21s. 77.706 for any local professional football stadium district created under subch. IV
22of ch. 229 after the calendar quarter during which the local professional football
23stadium district board makes all of the certifications to the department of revenue
24under s. 229.825 (3), except that the department of revenue may collect from retailers
1taxes that accrued before that calendar quarter and fees, interest and penalties that
2relate to those taxes.
AB892-engrossed,24,7
477.71 Imposition of county and special district sales and use taxes. 5Whenever a county sales and use tax ordinance is adopted under s. 77.70 or a special
6district resolution is adopted under s. 77.705
or 77.706, the following taxes are
7imposed:
AB892-engrossed,24,15
8(1) For the privilege of selling, leasing or renting tangible personal property
9and for the privilege of selling, performing or furnishing services a sales tax is
10imposed upon retailers at the rate of 0.5% in the case of a county tax or at the rate
11under s. 77.705
or 77.706 in the case of a special district tax of the gross receipts from
12the sale, lease or rental of tangible personal property, except property taxed under
13sub. (4), sold, leased or rented at retail in the county or special district or from selling,
14performing or furnishing services described under s. 77.52 (2) in the county or special
15district.
AB892-engrossed,25,2
16(2) An excise tax is imposed at the rate of 0.5% in the case of a county tax or
17at the rate under s. 77.705
or 77.706 in the case of a special district tax of the sales
18price upon every person storing, using or otherwise consuming in the county or
19special district tangible personal property or services if the property or service is
20subject to the state use tax under s. 77.53, except that a receipt indicating that the
21tax under sub. (1), (3) or (4) has been paid relieves the buyer of liability for the tax
22under this subsection and except that if the buyer has paid a similar local tax in
23another state on a purchase of the same property or services that tax shall be credited
24against the tax under this subsection and except that for motor vehicles that are used
25for a purpose in addition to retention, demonstration or display while held for sale
1in the regular course of business by a dealer the tax under this subsection is imposed
2not on the sales price but on the amount under s. 77.53 (1m).
AB892-engrossed,25,12
3(3) An excise tax is imposed upon a contractor engaged in construction
4activities within the county or special district, at the rate of 0.5% in the case of a
5county tax or at the rate under s. 77.705
or 77.706 in the case of a special district tax
6of the sales price of tangible personal property that is used in constructing, altering,
7repairing or improving real property and that becomes a component part of real
8property in that county or special district,
unless
except that if the contractor has
9paid the sales tax of a county in the case of a county tax or of a special district in the
10case of a special district tax in this state on that property,
and except that if the buyer 11or has paid a similar local sales tax in another state on a purchase of the same
12property
, that tax shall be credited against the tax under this subsection.
AB892-engrossed,25,22
13(4) An excise tax is imposed at the rate of 0.5% in the case of a county tax or
14at the rate under s. 77.705
or 77.706 in the case of a special district tax of the sales
15price upon every person storing, using or otherwise consuming a motor vehicle, boat,
16snowmobile, mobile home not exceeding 45 feet in length, trailer, semitrailer,
17all-terrain vehicle or aircraft, if that property must be registered or titled with this
18state and if that property is to be customarily kept in a county that has in effect an
19ordinance under s. 77.70 or in a special district that has in effect a resolution under
20s. 77.705
or 77.706, except that if the buyer has paid a similar local sales tax in
21another state on a purchase of the same property that tax shall be credited against
22the tax under this subsection.
AB892-engrossed,26,2524
77.76
(3m) From the appropriation under s. 20.835 (4) (gb) the department, for
25the first 2 years of collection, shall distribute 97% of the
special district taxes
1reported for each
special local professional baseball park district that has imposed
2taxes under this subchapter, minus the
special district portion of the retailers'
3discounts, to the
special local professional baseball park district no later than the end
4of the 3rd month following the end of the calendar quarter in which such amounts
5were reported. From the appropriation under s. 20.835 (4) (gb) the department, after
6the first 2 years of collection, shall distribute 98.5% of the
special district taxes
7reported for each
special local professional baseball park district that has imposed
8taxes under this subchapter, minus the
special district portion of the retailers'
9discount, to the
special local professional baseball park district no later than the end
10of the 3rd month following the end of the calendar quarter in which such amounts
11were reported. At the time of distribution the department shall indicate the taxes
12reported by each taxpayer. In this subsection, the "
special district portion of the
13retailers' discount" is the amount determined by multiplying the total retailers'
14discount by a fraction the numerator of which is the gross
special local professional
15baseball park district sales and use taxes payable and the denominator of which is
16the sum of the gross state and
special local professional baseball park district sales
17and use taxes payable. The
special local professional baseball park district taxes
18distributed shall be increased or decreased to reflect subsequent refunds, audit
19adjustments and all other adjustments of the
special
local professional baseball park 20district taxes previously distributed. Interest paid on refunds of
special local
21professional baseball park district sales and use taxes shall be paid from the
22appropriation under s. 20.835 (4) (gb) at the rate paid by this state under s. 77.60 (1)
23(a). Any
special local professional baseball park district receiving a report under this
24subsection is subject to the duties of confidentiality to which the department of
25revenue is subject under s. 77.61 (5).
AB892-engrossed,27,212
77.76
(3p) From the appropriation under s. 20.835 (4) (ge) the department of
3revenue shall distribute 98.5% of the taxes reported for each local professional
4football stadium district that has imposed taxes under this subchapter, minus the
5district portion of the retailers' discount, to the local professional football stadium
6district no later than the end of the 3rd month following the end of the calendar
7quarter in which such amounts were reported. At the time of distribution the
8department of revenue shall indicate the taxes reported by each taxpayer. In this
9subsection, the "district portion of the retailers' discount" is the amount determined
10by multiplying the total retailers' discount by a fraction the numerator of which is
11the gross local professional football stadium district sales and use taxes payable and
12the denominator of which is the sum of the gross state and local professional football
13stadium district sales and use taxes payable. The local professional football stadium
14district taxes distributed shall be increased or decreased to reflect subsequent
15refunds, audit adjustments and all other adjustments of the local professional
16football stadium district taxes previously distributed. Interest paid on refunds of
17local professional football stadium district sales and use taxes shall be paid from the
18appropriation under s. 20.835 (4) (ge) at the rate paid by this state under s. 77.60 (1)
19(a). Any local professional football stadium district receiving a report under this
20subsection is subject to the duties of confidentiality to which the department of
21revenue is subject under s. 77.61 (5).
AB892-engrossed,28,324
77.76
(4) There shall be retained by the state 1.5% of the taxes collected for
25taxes imposed by special districts under
s. ss. 77.705
and 77.706 and 1.75% of the
1taxes collected for taxes imposed by counties under s. 77.70 to cover costs incurred
2by the state in administering, enforcing and collecting the tax. All interest and
3penalties collected shall be deposited and retained by this state in the general fund.
AB892-engrossed,28,10
585.62 Aid to local professional football stadium districts. Subject to s.
6229.8245, the department may make aid payments from the appropriation under s.
720.395 (1) (gv) to a local professional football stadium district created under subch.
8IV of ch. 229 for the development, construction, reconstruction or improvement of
9bridges, highways, parking lots or other functionally related structures associated
10with a football stadium, as defined in s. 229.821 (6).
AB892-engrossed, s. 42
11Section
42. 103.49 (3) (ar) of the statutes, as affected by 1999 Wisconsin Act
12.... (Assembly Bill 409), is amended to read:
AB892-engrossed,28,1813
103.49
(3) (ar) In determining prevailing wage rates under par. (a) or (am), the
14department may not use data from projects that are subject to this section, s. 66.293
15or, 103.50
or 229.8275 or
40 USC 276a unless the department determines that there
16is insufficient wage data in the area to determine those prevailing wage rates, in
17which case the department may use data from projects that are subject to this
18section, s. 66.293
or, 103.50
or 229.8275 or
40 USC 276a.
AB892-engrossed,29,1520
109.09
(1) The department shall investigate and attempt equitably to adjust
21controversies between employers and employes as to alleged wage claims. The
22department may receive and investigate any wage claim which is filed with the
23department, or received by the department under s. 109.10 (4), no later than 2 years
24after the date the wages are due. The department may, after receiving a wage claim,
25investigate any wages due from the employer against whom the claim is filed to any
1employe during the period commencing 2 years before the date the claim is filed. The
2department shall enforce this chapter and ss. 66.293, 103.02, 103.49, 103.82
and, 3104.12
and 229.8275. In pursuance of this duty, the department may sue the
4employer on behalf of the employe to collect any wage claim or wage deficiency and
5ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
6under s. 109.10, the department may refer such an action to the district attorney of
7the county in which the violation occurs for prosecution and collection and the
8district attorney shall commence an action in the circuit court having appropriate
9jurisdiction. Any number of wage claims or wage deficiencies against the same
10employer may be joined in a single proceeding, but the court may order separate
11trials or hearings. In actions that are referred to a district attorney under this
12subsection, any taxable costs recovered by the district attorney shall be paid into the
13general fund of the county in which the violation occurs and used by that county to
14meet its financial responsibility under s. 978.13 (2) for the operation of the office of
15the district attorney who prosecuted the action.
AB892-engrossed,29,1917
111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
18under s. 66.293
or, 103.49
or 229.8275 or testifies or assists in any action or
19proceeding under s. 66.293
or, 103.49
or 229.8275.
AB892-engrossed,29,2221
219.09
(1) (d) A local professional football stadium district created under
22subch. IV of ch. 229.
AB892-engrossed,30,324
227.01
(13) (t) Ascertains and determines prevailing wage rates and prevailing
25hours of labor under ss. 66.293, 103.49
and, 103.50
and 229.8275, except that any
1action or inaction which ascertains and determines prevailing wage rates and
2prevailing hours of labor under ss. 66.293, 103.49
and
, 103.50
and 229.8275 is subject
3to judicial review under s. 227.40.
AB892-engrossed, s. 47
4Section
47. Subchapter IV of chapter 229 [precedes 229.820] of the statutes
5is created to read: