AB892: Bill Text Engrossed

AB892-engrossed,35,12 (a) Acquire, construct, equip, maintain, improve, operate and manage the football stadium facilities as a revenue-generating enterprise, or engage other persons to do these things.

AB892-engrossed,35,14 (b) Acquire; lease, as lessor or lessee; use; transfer; or accept transfers of property.

AB892-engrossed,35,18 (c) Improve, maintain and repair property, and fund reserves for maintenance, depreciation and capital improvements. Reserves for depreciation and capital improvements may not be created in the special fund maintained under s. 229.825 (1).

AB892-engrossed,35,23 (d) Enter into contracts, subject to such standards as may be established by the district board. The district board may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract, including price, time for completion of work and qualifications and past performance of a contractor.

AB892-engrossed,35,24 (e) Grant concessions.

AB892-engrossed,35,25 (f) Sell or otherwise dispose of unneeded or unwanted property.

AB892-engrossed,36,4 (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.30 as a participant in a benefit plan of another governmental entity, any employe benefits, including an employe pension plan.

AB892-engrossed,36,7 (6) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.30, participate in a governmental plan of insurance or self-insurance.

AB892-engrossed,36,8 (7) Mortgage, pledge or otherwise encumber the district's property or funds.

AB892-engrossed,36,13 (8) Subject to s. 229.8245, issue revenue bonds under s. 66.066, subject to ss. 229.829 to 229.834, and enter into agreements related to the issuance of bonds, including liquidity and credit facilities, remarketing agreements, insurance policies, guaranty agreements, letter of credit or reimbursement agreements, indexing agreements, interest exchange agreements and currency exchange agreements.

AB892-engrossed,36,15 (9) Maintain funds and invest the funds in any investment that the district board considers appropriate.

AB892-engrossed,36,17 (10) Promote, advertise and publicize its football stadium facilities and related activities.

AB892-engrossed,36,20 (11) Set standards governing the use of, and the conduct within, its football stadium facilities in order to promote public safety and convenience and to maintain order.

AB892-engrossed,36,22 (12) Establish and collect fees or other charges for the use of its football stadium facilities or for services rendered by the district.

AB892-engrossed,37,2 (13) Establish and collect fees or other charges for the right to purchase admission to events at the football stadium if the proceeds from any amount that is collected under this subsection are used for purposes related to football stadium facilities.

AB892-engrossed,37,4 (14) Enter into partnerships, joint ventures, common ownership or other arrangements with other persons to further the district's purposes.

AB892-engrossed,38,10 (15) Impose, by the adoption of a resolution, the taxes under subch. V of ch. 77, except that the taxes imposed by the resolution may not take effect until the resolution is approved by a majority of the electors in the district's jurisdiction voting on the resolution at a referendum, to be held at the first spring primary or September primary following by at least 45 days the date of adoption of the resolution. One or two questions shall appear on the ballot. The first question shall be substantially as follows: "Shall a sales tax and a use tax be imposed at the rate of 0.5% in .... County for purposes related to football stadium facilities in the .... Professional Football Stadium District?" The county board may also submit a 2nd question which shall ask whether available revenues from the 0.5% sales tax and use tax will be permitted to be used for property and sales tax relief purposes in that county. The text of the 2nd question shall be specified by the county board. Approval of the first question constitutes approval of the resolution of the district board. Approval of the 2nd question is not effective unless the first question is approved. The clerk of the district shall publish the notices required under s. 10.06 (4) (c), (f) and (i) for any referendum held under this subsection. Notwithstanding s. 10.06 (4) (c), the type A notice under s. 10.01 (2) (a) relating to the referendum is valid even if given and published late as long as it is given and published prior to the election as early as practicable. A district may not levy any taxes that are not expressly authorized under subch. V of ch. 77. The district may not levy any taxes until the professional football team, the county board and the governing body of the municipality in which the football stadium facilities are located agree on how to fund the maintenance of the football stadium facilities. The district may not levy any taxes until the professional football team, the county board and the governing body of the municipality in which the football stadium facilities are located agree on how to distribute the proceeds from the sale of naming rights related to the football stadium facilities. If a district board adopts a resolution that imposes taxes and the resolution is approved by the electors, the district shall deliver a certified copy of the resolution to the secretary of revenue at least 30 days before its effective date. If a district board adopts a resolution that imposes taxes and the resolution is not approved by the electors, the district is dissolved.

AB892-engrossed,38,11 (16) Accept gifts, loans and other aid.

AB892-engrossed,38,13 (17) Administer the receipt of revenues, and oversee the payment of bonds issued by the district.

AB892-engrossed,38,14 (18) Adopt and alter an official seal.

AB892-engrossed,38,20 (19) Subject to the limitation in this subsection, sell engraved tiles or bricks, which may be placed in or around football stadium facilities. The net proceeds from the sale of engraved tiles or bricks shall be used by the district to retire bonds issued for purposes related to football stadium facilities. No tiles or bricks may be sold under this subsection if the net proceeds from such sales would exceed the amount that would jeopardize the federal tax-exempt status of the bonds.

AB892-engrossed,38,23 229.8245 Limitations on district, state actions. (1) The name of a football stadium may not be changed without the written consent of the municipality in which it is located and the professional football team described in s. 229.823.

AB892-engrossed,39,3 (2) The district may not issue bonds under s. 229.824 (8), and the department of transportation may not make any payments under s. 85.62, unless all of the following apply:

AB892-engrossed,39,6 (a) The district has entered into a lease with a professional football team, as described in s. 229.823, under which the team agrees to be the principal tenant of the football stadium for a term of not less than 30 years.

AB892-engrossed,39,12 (c) A professional football team, as described in s. 229.823, certifies to the district that it has applied to the league of professional football teams to which it belongs for approval of a policy that allows a person who paid a onetime license or similar right, as described in s. 77.54 (45), to receive a payment in an amount that is equal to the amount of the license or right from any person who subsequently receives that license or right.

AB892-engrossed,39,18 (d) The district and a professional football team, as described in s. 229.823, enter into an agreement under which the team agrees that if the team is sold or if its assets are liquidated or the team is transferred to a new owner before the certification is made under s. 229.825 (3) (a), the terms of the sale or transfer of the team shall include a provision that provides for the immediate retirement of all outstanding bonds, including bonds issued to fund or refund those bonds.

AB892-engrossed,40,2 229.825 Special fund tax revenues. (1) The district board shall maintain a special fund into which it deposits all of the revenue received from the department of revenue, that is derived from the taxes imposed under subch. V of ch. 77 and from football donations, as defined in s. 71.10 (5e) (a) 2., and may use this revenue only for the purposes specified in sub. (2). The district may not deposit any other moneys into the special fund, except that the district shall credit all earnings on the revenues in the special fund to the special fund. The earnings on the revenues shall be used only for the purposes specified in sub. (2).

AB892-engrossed,40,8 (2) The district shall first use the revenues in the special fund maintained under sub. (1) for the payment of current debt service on bonds issued by the district for purposes related to football stadium facilities. If the revenues in the special fund in any year exceed the amount required to pay current debt service on bonds issued by the district for purposes related to football stadium facilities, the district shall apply the excess revenues for the following purposes in the following order:

AB892-engrossed,40,13 (a) If the 2nd question under s. 229.824 (15) is submitted and approved by the electors, in the 1st, 2nd and 3rd years after the year in which the 2nd question is approved, the district shall pay the county that is in the district's jurisdiction an amount equal to the remaining revenues in the fund for the purpose of directly reducing the county's property tax levy.

AB892-engrossed,40,21 (b) Beginning in the year that occurs immediately after the year in which the tax is first imposed under s. 77.706, an amount equal to not more than $750,000 may be used to pay the district board's administration expenses. In the succeeding year, an amount equal to not more than $500,000 may be used to pay the district board's administration expenses. In the 2nd succeeding year, and each year thereafter, an amount equal to not more than $100,000 may be used to pay the district board's administration expenses. The amount authorized to be expended under this paragraph may be expended annually until the earlier of the following:

AB892-engrossed,40,23 1. January 1 of the 30th year beginning after the initial year in which the revenues are first used to pay the district board's administration expenses.

AB892-engrossed,41,2 2. The year in which the district board determines that the balance of moneys in the reserve created under par. (d) 2. or (e) 2., whichever is applicable, plus all projected earnings on the moneys, are sufficient to pay the district board's administrative expenses through the time specified under subd. 1.

AB892-engrossed,41,15 (c) Beginning in the year that occurs immediately after the year in which the tax is first imposed under s. 77.706, an amount equal to the lesser of the remaining revenues in the fund or $4,031,000 shall be deposited into a reserve that is used to pay the maintenance and operating costs of the football stadium facilities unless the professional football team described in s. 229.823, after consulting with the municipality in which the football stadium facilities are located, agrees to a lesser amount. The $4,031,000 amount shall be increased each year thereafter by 3%, and the lesser of the remaining revenues in the fund or the $4,031,000 amount, increased each year thereafter by 3%, shall be deposited into a reserve that is used to pay the maintenance and operating costs of the football stadium facilities unless the professional football team described in s. 229.823, after consulting with the municipality in which these facilities are located, agrees to a lesser amount. The deposits shall be made annually until the earlier of the following:

AB892-engrossed,41,18 1. January 1 of the 28th year beginning after the initial year in which the revenues are first used to pay the maintenance and operating costs of the football stadium facilities.

AB892-engrossed,41,22 2. The year in which the district board determines that the balance of moneys in the reserve created, plus all projected earnings on the moneys, are sufficient to pay the maintenance and operating costs of the football stadium facilities in the amounts specified in par. (c) (intro.) through the time specified under subd. 1.

AB892-engrossed,42,2 (d) If the 2nd question under s. 229.824 (15) is submitted and approved by the electors, the district shall pay the remainder to the county that is in the district's jurisdiction for the purpose of directly reducing the county's property tax levy or, if the county board otherwise requires, the district shall use any portion of the remainder for the following purposes:

AB892-engrossed,42,4 1. To retire bonds issued for purposes related to football stadium facilities, and any bonds issued to fund or refund those bonds, prior to their maturity.

AB892-engrossed,42,10 2. To fully fund the reserve to pay the maintenance and operating costs of the football stadium facilities specified in par. (c) and to establish a reserve to pay the district board's administration expenses specified in par. (b), but only after all bonds issued for purposes related to football stadium facilities and all bonds issued to fund or refund those bonds are retired or have been paid in accordance with the defeasance provisions of the bond resolution authorizing the issuance of the bonds.

AB892-engrossed,42,12 (e) If the 2nd question under s. 229.824 (15) is not submitted or not approved by the electors, the district shall use the remainder for the following purposes:

AB892-engrossed,42,14 1. To retire bonds issued for purposes related to football stadium facilities, and any bonds issued to fund or refund those bonds, prior to their maturity.

AB892-engrossed,42,20 2. To fully fund the reserve to pay the maintenance and operating costs of the football stadium facilities specified in par. (c) and to establish a reserve to pay the district board's administration expenses specified in par. (b), but only after all bonds issued for purposes related to football stadium facilities and all bonds issued to fund or refund those bonds are retired or have been paid in accordance with the defeasance provisions of the bond resolution authorizing the issuance of the bonds.

AB892-engrossed,42,21 (3) The district board shall do all of the following:

AB892-engrossed,43,2 (a) As soon as practicable after all bonds issued for purposes related to football stadium facilities and all bonds issued to fund or refund those bonds are retired or have been paid in accordance with the defeasance provisions of the bond resolution authorizing the issuance of the bonds, the district board shall make a certification to the department of revenue to that effect.

AB892-engrossed,43,5 (b) As soon as practicable after fully funding the reserves specified under sub. (2) (d) 2. or (e) 2., whichever is applicable, the district board shall make a certification to the department of revenue to that effect.

AB892-engrossed,43,8 229.826 Powers granted to a municipality or county. In addition to any powers that it may otherwise have, a county or municipality located wholly or partly within a district's jurisdiction may do any of the following:

AB892-engrossed,43,10 (1) Make grants or loans to a district upon terms that the county or municipality considers appropriate.

AB892-engrossed,43,11 (2) Expend public funds to subsidize a district.

AB892-engrossed,43,13 (3) Borrow money under ss. 67.04 and 67.12 (12) for football stadium facilities or to fund grants, loans or subsidies to a district.

AB892-engrossed,43,15 (4) Lease or transfer property to a district upon terms that the county or municipality considers appropriate.

AB892-engrossed,43,19 (5) With the consent of a district, establish and collect fees or other charges applicable only to a football stadium for the right to purchase admission to events at the stadium, if the proceeds from any amount that is collected under this subsection are used for purposes related to football stadium facilities.

AB892-engrossed,43,25 229.827 Contracting. (1) Unless a district board determines that it is not feasible to do so, the district shall enter into a contract with a professional football team, as described in s. 229.823, or a related party, that requires the team or related party to acquire and construct football stadium facilities that are part of any facilities that are leased by the district to the team or to a related party, without regard to whether the football stadium facilities are financed by the district.

AB892-engrossed,44,4 (2) Unless otherwise provided in an agreement with a professional football team, as described in s. 229.823, the district shall be responsible only for the maintenance and operating costs of the football stadium facilities up to an amount that is in the reserve specified in s. 229.825 (2) (c).

AB892-engrossed,44,5 229.8273 Minority and women contracting. (1) In this section:

AB892-engrossed,44,9 (a) "Contractor" means a professional football team, as described under s. 229.823, or a related party or any other person who enters into a contract for construction or renovation work or professional services contracts, as described in sub. (2).

AB892-engrossed,44,10 (b) "Minority business" has the meaning given in s. 560.036 (1) (e).

AB892-engrossed,44,11 (c) "Minority group member" has the meaning given in s. 560.036 (1) (f).

AB892-engrossed,44,14 (d) "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.

AB892-engrossed,44,22 (2) A district shall ensure that, for construction or renovation work and professional services contracts that relate to the construction or renovation of football stadium facilities that are financed by the proceeds of bonds issued under s. 229.824 (8), a person who is awarded such a contract by the district or by a contractor shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 15% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women.

AB892-engrossed,45,2 (3) It shall be a goal of the district to ensure that at least 15% of the aggregate dollar value of contracts that relate to the construction or renovation of football stadium facilities that are financed by the proceeds of bonds issued under s. 229.824 (8), shall be awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded by the board shall be awarded to women's businesses.

AB892-engrossed,45,12 (4) (a) The district shall ensure that, for construction or renovation work and professional services contracts described under sub. (2), a person who is awarded such a contract by the district or by a contractor shall agree, as a condition to receiving the contract, that if he or she is unable to meet the goal under sub. (2), he or she shall make a good faith effort to contract with the technical college district board of the technical college district in which the football stadium facilities are to be constructed or renovated, or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the construction work or professional services.

AB892-engrossed,45,18 (b) If the district is unable to meet the goals under sub. (3), the district shall make a good faith effort to contract with the technical college district board of the technical college district in which the contracts described under sub. (3) are to be performed to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the contracts described under sub. (3).

AB892-engrossed,45,24 (5) (a) The district shall hire an independent person to monitor and a project coordinator to satisfy the district's and the contractor's compliance with minority contracting goals under subs. (2) and (3). The person hired shall have previous experience working with minority group members. The district shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.

AB892-engrossed,46,5 (b) If the district or a contractor is unable to meet the goals under sub. (2) or (3), the person hired under par. (a) shall assess whether the district or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the following factors:

AB892-engrossed,46,8 1. The supply of eligible minority businesses and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.

AB892-engrossed,46,11 2. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in subd. 1., in areas in which contracts were awarded.

AB892-engrossed,46,15 3. The extent to which the district or contractors advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in subd. 1., and the extent to which eligible minority businesses and women's businesses submitted bids.

AB892-engrossed,46,20 (6) Annually the legislative audit bureau shall conduct an audit of the district's efforts to achieve the minority participation and women participation hiring and contracting goals contained in this section. The audit bureau shall distribute a copy of each audit report under this subsection to the district, to the cochairs of the joint committee on finance and to the cochairs of the joint audit committee.

AB892-engrossed,46,21 (7) The goals under subs. (2) and (3) shall apply to all of the following:

AB892-engrossed,46,22 (a) Any insurance-funded repair work on football stadium facilities.

AB892-engrossed,47,2 (b) Any post-construction contract related to football stadium facilities for management of the facilities, for professional services and for development services, except that this paragraph does not apply to a post-construction contract for general maintenance of football stadium facilities that is provided by a political subdivision.

AB892-engrossed,47,6 (c) Any contractor, subcontractor or any other person who is awarded or enters into a contract that relates to the construction or renovation of football stadium facilities that are financed by the proceeds of bonds issued under s. 229.824 (8), or any subcontractor of such a person.

AB892-engrossed,47,12 229.8275 Prevailing wage. A district may not enter into a contract under s. 229.827 with a professional football team, as described in s. 229.823, or a related party that requires the team or related party to acquire and construct football stadium facilities that are part of any facilities that are leased by the district to the team or to a related party unless the professional football team or related party agrees as follows:

AB892-engrossed,47,18 (1) Not to permit any employe working on the football stadium facilities who would be entitled to receive the prevailing wage rate under s. 66.293 and who would not be required or permitted to work more than the prevailing hours of labor, if the football stadium facilities were a project of public works subject to s. 66.293, to be paid less than the prevailing wage rate or to be required or permitted to work more than the prevailing hours of labor, except as permitted under s. 66.293 (4) (a).

AB892-engrossed,47,23 (2) To require any contractor, subcontractor or agent thereof performing work on the football stadium facilities to keep and permit inspection of records in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 66.293 is required to keep and permit inspection of records under s. 66.293 (10).

AB892-engrossed,48,5 (3) Otherwise to comply with s. 66.293 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing or demolition of a project of public works is required to comply with s. 66.293 and to require any contractor, subcontractor or agent thereof performing work on the football stadium facilities to comply with s. 66.293 in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 66.293 is required to comply with s. 66.293.

AB892-engrossed,48,15 229.828 Dissolution of a district. Subject to providing for the payment of its bonds, including interest on the bonds, and the performance of its other contractual obligations, a district may be dissolved by the action of the district board. If a district board adopts a resolution that imposes taxes and the resolution is not approved by the electors, as described in s. 229.824 (15), the district is dissolved. If the district is dissolved, the property of the district shall be transferred to the political subdivisions that compose the district's jurisdiction in such proportions as the secretary of administration determines fairly and reasonably represent the contributions of each political subdivision to the development or improvement of the football stadium facilities.

AB892-engrossed,48,18 229.829 Issuance and negotiability of bonds. (1) Negotiability. All bonds are negotiable for all purposes, notwithstanding their payment from a limited source.

AB892-engrossed,48,21 (2) Employment of financial consultant. A district may retain the building commission or any other person as its financial consultant to assist with and coordinate the issuance of bonds.

AB892-engrossed,48,25 (3) No personal liability. Neither the members of the district board nor any person executing the bonds is liable personally on the bonds or subject to any personal liability or accountability by reason of the issuance of the bonds, unless the personal liability or accountability is the result of wilful misconduct.

AB892-engrossed,49,4 (4) Limit on bonds. The principal amount of bonds, other than refunding bonds, that are issued by a district may not exceed $160,000,000. The limitation under this subsection does not include the principal amount of any bonds that are to be used for any of the following purposes:

AB892-engrossed,49,5 (a) To pay issuance costs of the bonds.

AB892-engrossed,49,6 (b) To pay any original issue discount.

AB892-engrossed,49,7 (c) To make a deposit into a special debt service reserve fund.

AB892-engrossed,49,8 (d) To pay costs of credit enhancement.

AB892-engrossed,49,10 (5) Date of issuance. All bonds, other than refunding bonds, that are issued by a district shall be issued no later than December 31, 2004.

AB892-engrossed,49,16 229.830 Special debt service reserve funds for moral obligation pledge. (1) Designation of special debt service reserve funds. A district may designate one or more accounts in funds created under s. 66.066 (2) (e) as special debt service reserve funds, if, prior to each issuance of bonds to be secured by each special debt service reserve fund, the secretary of administration determines that all of the following conditions are met with respect to the bonds:

AB892-engrossed,49,18 (a) Purpose. The proceeds of the bonds, other than refunding bonds, will be used for purposes related to football stadium facilities.

AB892-engrossed,49,24 (b) Feasibility. The proceeds of bonds, other than refunding bonds, will be used for feasible projects and there is a reasonable likelihood that the bonds will be repaid without the necessity of drawing on funds in the special debt service reserve fund that secures the bonds. The secretary of administration may make the determinations required under this paragraph only after considering all of the following:

AB892-engrossed,50,2 1. Whether a pledge of the tax revenues of the district is made under the bond resolution.