LRB-2678/1
RC/MS/JK/EM/FK:wlj
2015 - 2016 LEGISLATURE
July 6, 2015 - Introduced by Joint Committee on Finance. Referred to Joint
Committee on Finance. Referred to Joint Survey Committee on Tax
Exemptions.
AB279,2,9
1An Act to repeal 16.004 (21), 16.004 (22), 20.855 (4) (cr), 20.855 (4) (cy), 20.855
2(4) (dr), 66.0615 (1m) (f) 4., 77.983, 77.992, 232.07 (1), 345.28 (4) (g) and 846.17;
3to renumber 229.47;
to renumber and amend 59.40 (4) and 232.07 (2);
to
4amend 24.605, 24.61 (2) (cm) (intro.), 24.62 (3), 24.67 (1) (intro.), 24.67 (3),
559.52 (28), 66.0603 (1g) (a), 66.1105 (2) (f) 1. (intro.), 66.1105 (2) (f) 2. (intro.),
670.11 (37), 71.93 (8) (b) 1., 74.07, 77.22 (1), 79.035 (5), 229.26 (4), 229.26 (4m),
7229.26 (10), 229.41 (12), 229.42 (4) (intro.), 229.42 (4) (d), 229.42 (4) (e), 229.42
8(4) (f), 229.435, 229.44 (4) (intro.), 229.44 (4) (a), 229.44 (4) (b), 229.44 (4) (c),
9229.44 (4) (d), 229.44 (5), 229.44 (6), 229.477, 229.48 (1) (intro.), 229.48 (1) (a),
10229.48 (1) (b), 229.48 (1) (c), 229.48 (1) (d), 229.48 (1) (e), 229.48 (1m), 229.48
11(2), 229.50 (1) (a) (intro.), 229.50 (1) (d), 229.50 (1) (f), 229.50 (7), 232.05 (3) (a),
12232.05 (3) (b), 345.28 (2) (c), 345.37 (intro.), 846.10 (2), 846.101 (2), 846.102 (1),
13846.103 (1), 846.103 (2) and 893.93 (2) (b);
to repeal and recreate 20.835 (6)
14(g), 24.61 (2) (a), 71.93 (8) (c) and 846.16; and
to create 16.004 (21), 16.004 (22),
116.58 (3), 20.835 (6), 20.855 (4) (cr), 20.855 (4) (cy), 20.855 (4) (dr), 24.60 (2m)
2(e), 24.61 (3) (a) 14., 24.66 (3y), 24.67 (1) (q), 24.718, 59.40 (4) (b), 59.67, 66.1105
3(2) (f) 1. p., 66.1105 (9) (a) 10., 66.1105 (17) (d), 71.05 (1) (c) 6p., 71.26 (1m) (n),
471.93 (8) (c), 77.54 (62), 79.035 (6), 229.40, 229.41 (9e), 229.41 (11e), 229.41
5(11g), 229.42 (4) (g), 229.42 (4) (h), 229.42 (4e), 229.42 (7) (b) 1m., 229.44 (4) (f),
6229.461, 229.47 (2), 229.48 (7), 229.54, 232.05 (2) (h), 342.41, 345.28 (2) (d),
7349.13 (1d), 349.132, 891.385 and 893.93 (5) of the statutes;
relating to:
8constructing a sports and entertainment arena and related facilities and
9making appropriations.
Analysis by the Legislative Reference Bureau
For a comprehensive analysis of this bill, please refer to the July 2, 2015,
memorandum on the Milwaukee Sports Arena, which summarizes the provisions of
2015 LRB-2678/1 and 2015 LRB-2703/1, prepared by the Legislative Fiscal Bureau.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB279,1
10Section
1. 16.004 (21) of the statutes is created to read:
AB279,3,611
16.004
(21) Payment to local exposition district. (a) Annually, as grants, the
12secretary shall remit the amounts appropriated under s. 20.855 (4) (cr) and (dr) to
13a local exposition district created under subch. II of ch. 229 to assist in the
14development and construction of sports and entertainment arena facilities, as
15defined in s. 229.41 (11g). The secretary may not remit moneys under this subsection
16or lapse any moneys under s. 20.835 (6) (g) until the secretary has determined that
1the sponsoring municipality has provided at least $47,000,000 for the development
2and construction of sports and entertainment arena facilities and the local exposition
3district has issued debt to fund the development and construction of sports and
4entertainment arena facilities. The secretary may not remit from the appropriation
5account under s. 20.855 (4) (dr) to a local exposition district more than a cumulative
6total of $80,000,000.
AB279,3,147
(b) The legislature finds and determines that sports and entertainment arena
8facilities, as defined in s. 229.41 (11g), encourage economic development and tourism
9in this state, reduce unemployment in this state, preserve business activities within
10this state, and bring needed capital into this state for the benefit and welfare of
11people throughout the state. It is therefore in the public interest and will serve a
12public purpose, and it is the public policy of this state, to assist a local exposition
13district in the development and construction of sports and entertainment arena
14facilities under subch. II of ch. 229.
AB279,2
15Section
2. 16.004 (21) of the statutes, as created by 2015 Wisconsin Act .... (this
16act), is repealed.
AB279,3
17Section
3. 16.004 (22) of the statutes is created to read:
AB279,3,2218
16.004
(22) Payment to Bradley Center Sports and Entertainment
19Corporation. During the 2015-17 fiscal biennium, from the appropriation under s.
2020.855 (4) (cy), the secretary may make one or more grants to the Bradley Center
21Sports and Entertainment Corporation, created under ch. 232, for the purpose of
22assisting the corporation in retiring its obligations and any contractual liabilities.
AB279,4
23Section
4. 16.004 (22) of the statutes, as created by 2015 Wisconsin Act .... (this
24act), is repealed.
AB279,5
25Section
5. 16.58 (3) of the statutes is created to read:
AB279,4,2
116.58
(3) The department may provide financial consulting services to a local
2exposition district created under subch. II of ch. 229.
AB279,6
3Section
6. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
4the following amounts for the purposes indicated:
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB279,7
5Section
7. 20.835 (6) of the statutes is created to read:
AB279,4,106
20.835
(6) Debt collection. (g)
County debt collection. All moneys received
7from debts collected under s. 71.93 (8), pursuant to agreements with counties having
8a population of 750,000 or more and containing a 1st class city under ss. 59.40 (4) (b)
9and 59.67 (2), first to lapse to the general fund $4,000,000 in each fiscal year and then
10to make all payments required under s. 71.93 (8) (c) in each fiscal year.
AB279,8
11Section
8. 20.835 (6) (g) of the statutes, as created by 2015 Wisconsin Act ....
12(this act), is repealed and recreated to read:
AB279,5,3
120.835
(6) (g)
County debt collection. All moneys received from debts collected
2under s. 71.93 (8), pursuant to agreements under ss. 59.40 (4) (b) and 59.67 (2), to
3distribute to the counties that certified the debts.
AB279,9
4Section
9. 20.855 (4) (cr) of the statutes is created to read:
AB279,5,65
20.855
(4) (cr)
Transfer to local exposition district. The amounts in the schedule
6to make payments to a local exposition district under s. 16.004 (21) (a).
AB279,10
7Section
10. 20.855 (4) (cr) of the statutes, as created by 2015 Wisconsin Act
8.... (this act), is repealed.
AB279,11
9Section
11. 20.855 (4) (cy) of the statutes is created to read:
AB279,5,1210
20.855
(4) (cy)
Payment to Bradley Center Sports and Entertainment
11Corporation. Biennially, the amounts in the schedule for the payment of grants to
12the Bradley Center Sports and Entertainment Corporation under s. 16.004 (22).
AB279,12
13Section
12. 20.855 (4) (cy) of the statutes, as created by 2015 Wisconsin Act
14.... (this act), is repealed.
AB279,13
15Section
13. 20.855 (4) (dr) of the statutes is created to read:
AB279,5,1716
20.855
(4) (dr)
Transfer to local exposition district. The amounts in the
17schedule to make payments to a local exposition district under s. 16.004 (21) (a).
AB279,14
18Section
14. 20.855 (4) (dr) of the statutes, as created by 2015 Wisconsin Act
19.... (this act), is repealed.
AB279,15
20Section
15. 24.60 (2m) (e) of the statutes is created to read:
AB279,5,2421
24.60
(2m) (e) It is made to a local exposition district created under subch. II
22of ch. 229 for the purpose of financing acquisition, construction, and equipment costs
23for sports and entertainment arena facilities, as defined in s. 229.41 (11g), and is
24secured by district revenues.
AB279,16
25Section
16. 24.605 of the statutes is amended to read:
AB279,6,7
124.605 Accounts in trust funds for deposit of proceeds from sale of
2certain lands. The board shall establish in each of the trust funds an account to
3which are credited the proceeds from the sale of any public lands on or after May 3,
42006, that are required by law to be deposited in the funds. Moneys credited to the
5accounts in the funds may only be used to invest in land under s. 24.61 (2) (a)
10. and
6for the payment of expenses necessarily related to investing in land under s. 24.61
7(2) (a)
10.
AB279,17
8Section
17. 24.61 (2) (a) of the statutes is repealed and recreated to read:
AB279,6,129
24.61
(2) (a)
Authorized investments by board. The board shall manage and
10invest moneys belonging to the trust funds in good faith and with the care an
11ordinary prudent person in a like position would exercise under similar
12circumstances, in accordance with s. 112.11 (3).
AB279,18
13Section
18. 24.61 (2) (cm) (intro.) of the statutes is amended to read:
AB279,6,1614
24.61
(2) (cm)
Investments in land in this state. (intro.) The board may not
15invest moneys in the purchase of any land under par. (a)
10. unless all of the following
16occur:
AB279,19
17Section
19. 24.61 (3) (a) 14. of the statutes is created to read:
AB279,6,2018
24.61
(3) (a) 14. A local exposition district created under subch. II of ch. 229 for
19the purpose of financing acquisition, construction, and equipment costs for sports
20and entertainment arena facilities, as defined in s. 229.41 (11g).
AB279,20
21Section
20. 24.62 (3) of the statutes is amended to read:
AB279,7,222
24.62
(3) If any land purchased under s. 24.61 (2) (a)
10. was at the time of
23purchase subject to assessment or levy of a real property tax, the board shall make
24annual payments in lieu of property taxes from the proceeds from the sale of timber
25or from appropriate trust fund incomes to the appropriate local governmental unit
1in an amount equal to property taxes levied on the land in the year prior to the year
2in which the board purchased the land.
AB279,21
3Section
21. 24.66 (3y) of the statutes is created to read:
AB279,7,74
24.66
(3y) Local exposition district. An application for a loan by a local
5exposition district created under subch. II of ch. 229 shall be accompanied by a
6certified copy of a resolution of the district board of the local exposition district
7approving the loan.
AB279,22
8Section
22. 24.67 (1) (intro.) of the statutes is amended to read:
AB279,7,149
24.67
(1) (intro.) If the board approves the application, it shall cause
10certificates of indebtedness to be prepared in proper form and transmitted to the
11municipality, cooperative educational service agency,
local exposition district
12created under subch. II of ch. 229, local professional baseball park district created
13under subch. III of ch. 229, or federated public library system submitting the
14application. The certificate of indebtedness shall be executed and signed:
AB279,23
15Section
23. 24.67 (1) (q) of the statutes is created to read:
AB279,7,1716
24.67
(1) (q) For a local exposition district created under subch. II of ch. 229,
17by the chairperson of the district board.
AB279,24
18Section
24. 24.67 (3) of the statutes is amended to read:
AB279,8,719
24.67
(3) If a municipality has acted under subs. (1) and (2), it shall certify that
20fact to the board. Upon receiving a certification from a municipality, or upon
21direction of the board if a loan is made to a cooperative educational service agency,
22drainage district created under ch. 88,
local exposition district created under subch.
23II of ch. 229, local professional baseball park district created under subch. III of ch.
24229, or
a federated public library system, the board shall disburse the loan amount,
25payable to the treasurer of the municipality, cooperative educational service agency,
1drainage district, or federated public library system making the loan or as the
2treasurer of the municipality, cooperative educational service agency, drainage
3district,
local exposition district, local professional baseball park district, or
4federated public library system directs. The certificate of indebtedness shall then be
5conclusive evidence of the validity of the indebtedness and that all the requirements
6of law concerning the application for the making and acceptance of the loan have
7been complied with.
AB279,25
8Section
25. 24.718 of the statutes is created to read:
AB279,8,11
924.718 Collections from local exposition districts. (1) Applicability. This
10section applies to all outstanding trust fund loans to local exposition districts created
11under subch. II of ch. 229.
AB279,8,16
12(2) Certified statement. If a local exposition district has a state trust fund
13loan, the board shall transmit to the local exposition district board a certified
14statement of the amount due on or before October 1 of each year until the loan is paid.
15The board shall furnish a copy of each certified statement to the department of
16administration.
AB279,8,21
17(3) Payment to board. The local exposition district board shall remit to the
18board on its own order the full amount due for state trust fund loans within 15 days
19after March 15. Any payment not made by March 30 is delinquent and is subject to
20a penalty of 1 percent per month or fraction thereof, to be paid to the board with the
21delinquent payment.
AB279,26
22Section
26. 59.40 (4) of the statutes is renumbered 59.40 (4) (a) and amended
23to read:
AB279,9,924
59.40
(4) (a)
If Except as required under s. 59.67 (2), and except as provided in
25par. (b), if authorized by the board under s. 59.52 (28), the clerk of circuit court may
1contract with a debt collector, as defined in s. 427.103 (3),
or enter into an agreement
2with the department of revenue under s. 71.93 (8) for the collection of
unpaid fines
3and forfeitures debt. Any contract entered into
with a debt collector shall provide
4that the debt collector shall be paid from the proceeds recovered by the debt collector.
5Any contract entered into with the department shall provide that the department
6shall charge a collection fee, as provided under s. 71.93 (8) (b). The net proceeds
7received by the clerk of circuit court after the payment to the debt collector shall be
8considered the amount of
fines and forfeitures debt collected for purposes of
9distribution to the state and county under sub. (2) (m).
AB279,27
10Section
27. 59.40 (4) (b) of the statutes is created to read:
AB279,9,1311
59.40
(4) (b) A county having a population of 750,000 or more and containing
12a 1st class city shall enter into an agreement to collect debt with the department of
13revenue under s. 59.67 (2) no later than October 5, 2015.
AB279,28
14Section
28. 59.52 (28) of the statutes is amended to read:
AB279,9,1915
59.52
(28) Collection of court imposed penalties. The Except as required
16under s. 59.67 (2), the board may adopt a resolution authorizing the clerk of circuit
17court, under s. 59.40 (4), to contract with a debt collector, as defined in s. 427.103 (3),
18or enter into an agreement with the department of revenue under s. 71.93 (8) for the
19collection of
unpaid fines and forfeitures debt.
AB279,29
20Section
29. 59.67 of the statutes is created to read:
AB279,9,23
2159.67 Debt collection. (1) Agreements. Except as provided in sub. (2), a
22county may enter into an agreement with the department of revenue under s. 71.93
23(8) (b) 2. to collect the county's debt.
AB279,9,25
24(2) County with a 1st class city. (a)
A county having a population of 750,000
25or more and containing a 1st class city shall enter into an agreement with the
1department of revenue under s. 71.93 (8) (b) 2. to collect all of the county's debt. The
2agreement may take effect by written proclamation of the county executive of such
3a county without any action being taken by, or approval needed from, the county
4board. For purposes of this paragraph, the county shall do all of the following:
AB279,10,115
1. Execute an agreement under s. 71.93 (8) (b) 2. no later than October 5, 2015.
6An agreement under this paragraph may allow the county to refer debts for collection
7over time, subject to approval of the department of revenue, rather than refer all
8debts for collection at the time the county and the department of revenue enter into
9the agreement. The agreement shall specify that debts under s. 59.40 (4) or 59.52
10(28) for restitution owed to a person other than the county will not be certified for the
11purposes of this subdivision.
AB279,10,1512
2. Recertify debts under s. 71.935 that are greater than $50 and more than 90
13days past due to the department of revenue under s. 71.93 (8). The county shall
14certify debts under this subdivision electronically, in the manner determined by the
15department, no later than December 1, 2015.
AB279,10,1816
3. Certify any debt owed to the county that is more than 90 days past due to
17the department of revenue under s. 71.93 (8) (b) unless the debt is subject to active
18negotiation between the county and debtor.
AB279,10,2219
(b) The department of revenue shall notify the county of all debts certified
20under par. (a) that the department determines are uncollectible. The county may
21enter into a contract with a debt collector, as defined in s. 427.103 (3), to collect debts
22that the department determines are uncollectible.
AB279,11,2
23(3) All amounts collected under s. 59.40 (4) or 59.52 (28) for a county having
24a population of 750,000 or more and containing a 1st class city or for a circuit court
1located in such a county shall be paid to the department of revenue and no other
2person shall have any claim to the amounts.