SB21: Bill Text

SB21,1358,5 227.55 (1) Within 30 days after service of the petition for review upon the agency, or within such further time as the court may allow allows, the agency in possession of the record for the decision under review shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings in which the decision under review was made, including all pleadings, notices, testimony, exhibits, findings, decisions, orders, and exceptions, therein; but except that by stipulation of all parties to the review proceedings the record may be shortened by eliminating any portion thereof of the record. Any party, other than the agency that is a party, refusing to stipulate to limit the record may be taxed by the court for the additional costs. The Except as provided in sub. (2), the record may be typewritten or printed. The exhibits may be typewritten, photostated photocopied, or otherwise reproduced, or, upon motion of any party, or by order of the court, the original exhibits shall accompany the record. The court may require or permit subsequent corrections or additions to the record when deemed desirable.

SB21,3599 Section 3599. 227.55 (2) of the statutes is created to read:

SB21,1358,10 227.55 (2) In the case of a record under sub. (1) that is in the possession of the division of hearings and appeals, if any portion of the record is in the form of an audio or video recording, the division may transmit to the reviewing court a copy of that recording in lieu of preparing a transcript, unless the court requests a transcript.

SB21,3600 Section 3600. 227.59 of the statutes is amended to read:

SB21,1359,4 227.59 Certification of certain cases from the circuit court of Dane County to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department, or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane County, except an action or appeal for the review of any order of the department of workforce development or the department of safety and professional services financial institutions and professional standards under chs. 101, 107, 145, 157, 167, or 440 to 480 or findings and orders of the labor and industry review commission, which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County a fee of $2 for transmitting the record.

SB21,3601 Section 3601. 229.46 (1) (ag) of the statutes is amended to read:

SB21,1359,7 229.46 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3602 Section 3602. 229.46 (1) (b) of the statutes is amended to read:

SB21,1359,10 229.46 (1) (b) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,3603 Section 3603. 229.70 (1) (ag) of the statutes is amended to read:

SB21,1359,13 229.70 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3604 Section 3604. 229.70 (1) (am) of the statutes is amended to read:

SB21,1359,16 229.70 (1) (am) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

SB21,3605 Section 3605. 229.70 (1) (b) of the statutes is amended to read:

SB21,1359,19 229.70 (1) (b) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,3606 Section 3606. 229.8273 (1) (am) of the statutes is amended to read:

SB21,1359,22 229.8273 (1) (am) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3607 Section 3607. 229.8273 (1) (b) of the statutes is amended to read:

SB21,1359,25 229.8273 (1) (b) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

SB21,3608 Section 3608. 229.8273 (1) (c) of the statutes is amended to read:

SB21,1360,3 229.8273 (1) (c) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,3609 Section 3609. 229.842 (2) (b) of the statutes is amended to read:

SB21,1360,11 229.842 (2) (b) Three persons appointed by the governor, one of whom shall be selected from a list of 3 to 5 names that is submitted by the Board of Regents of the University of Wisconsin System Authority. Of the remaining 2 appointees under this paragraph, at least one of the appointees shall have a demonstrated interest in cultural arts activities and one of the appointees may be an elective state official. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification.

SB21,3610 Section 3610. 229.845 (1) (ag) of the statutes is amended to read:

SB21,1360,14 229.845 (1) (ag) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,3611 Section 3611. 229.845 (1) (am) of the statutes is amended to read:

SB21,1360,17 229.845 (1) (am) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

SB21,3612 Section 3612. Subchapter VI (title) of chapter 229 [precedes 229.857] of the statutes is created to read:

SB21,1360,20 chapter 229

SB21,1360,21 subchapter VI

SB21,1360,23 local Sports and Entertainment districts

SB21,3613 Section 3613. 229.857 of the statutes is created to read:

SB21,1361,7 229.857 Legislative declaration. (1) The legislature determines that the provision of assistance by state agencies to a district under this subchapter and any appropriation of funds to a district under this subchapter serve a statewide public purpose by assisting the development of sports and entertainment facilities in the state for providing recreation, by encouraging economic development and tourism, by reducing unemployment, and by bringing needed capital into the state for the benefit and welfare of people throughout the state.

SB21,1361,12 (2) The legislature determines that a district serves a public purpose in political subdivisions in which it is located by providing recreation, by encouraging economic development and tourism, by reducing unemployment, and by bringing needed capital into the district's jurisdiction for the benefit of people in the district's jurisdiction.

SB21,3614 Section 3614. 229.858 of the statutes is created to read:

SB21,1361,14 229.858 Definitions. In this subchapter:

SB21,1361,17 (1) "Basketball arena" means an arena that is an arena that is principally used as the home arena of a professional basketball team, described in s. 229.860, at the time that a district is created.

SB21,1361,18 (2) "District" means a special purpose district created under this subchapter.

SB21,1361,19 (3) "District board" means the governing board of a district.

SB21,1361,20 (4) "Local unit" means a county or city that is described in s. 229.860.

SB21,1362,2 (5) "Sports and entertainment facilities" means property, tangible or intangible, owned in whole or in substantial part, operated, or leased by a district that is principally used for professional basketball, including spectator seating, practice facilities, parking lots and structures, garages, restaurants, concession facilities, entertainment facilities, facilities for the display or sale of memorabilia, transportation facilities, and other functionally related or auxiliary facilities or structures.

SB21,3615 Section 3615. 229.859 of the statutes is created to read:

SB21,1362,9 229.859 Creation and organization. (1) There is created, for each jurisdiction under s. 229.860, a special purpose district that is a local governmental unit, that is a body corporate and politic, that is separate and distinct from, and independent of, the state, and separate and distinct from, and independent of, the local units within its jurisdiction, that has the powers under s. 229.861 and the name of which includes "Sports and Entertainment District".

SB21,1362,15 (2) (a) A district is governed by its district board. Subject to pars. (g) and (h), the district board shall consist of 9 members appointed by the governor. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by the senate. Persons appointed and confirmed under this paragraph shall serve staggered 7-year terms. The governor shall designate one member as chairperson of the district board.

SB21,1362,18 (b) Members of the district board shall be Wisconsin residents and shall have executive and managerial experience. No member may hold elective public office or be a candidate for elective public office.

SB21,1362,21 (c) A member of the district board who is appointed by the governor shall hold his or her position on the board until the member's successor is appointed by the governor and confirmed by the senate.

SB21,1362,25 (d) A majority of the current membership of the district board constitutes a quorum to do business. The district may take action based on the affirmative vote of a majority of those members of the district board who are present at a meeting of the district board.

SB21,1363,3 (e) No member of the district board may receive compensation for performing his or her duties. A member of the district board shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.

SB21,1363,6 (f) Upon the appointment and qualification of a majority of the members of a district board, the district board may exercise the powers and duties of a district board under this subchapter.

SB21,1363,12 (g) The county executive of a county described in s. 229.860 which provides funding to construct, equip, or improve sports and entertainment facilities under s. 229.863 shall appoint a member to the district board, subject to confirmation or rejection by a majority of the members-elect of the county board. A person appointed and confirmed under this paragraph shall serve a 7-year term, except that the initial term of the first member appointed under this paragraph shall be 5 years.

SB21,1363,18 (h) The mayor of a city described in s. 229.860 which provides funding to construct, equip, or improve sports and entertainment facilities under s. 229.863 shall appoint a member to the district board, subject to confirmation or rejection by a majority of the members-elect of the common council. A person appointed and confirmed under this paragraph shall serve a 7-year term, except that the initial term of the first member appointed under this paragraph shall be 6 years.

SB21,1363,21 (i) A member appointed under par. (g) or (h) is subject to the requirements under par. (b). Upon appointment and confirmation of such a member, the appointing authority shall certify the member to the secretary of administration.

SB21,1363,23 (3) The district board shall name the district, and the name shall include "Sports and Entertainment District".

SB21,3616 Section 3616. 229.860 of the statutes is created to read:

SB21,1364,8 229.860 Jurisdiction. A district's jurisdiction is any county with a population of more than 500,000 and a 1st class city that is located wholly or predominantly in that county, provided that the city includes the principal site of a basketball arena that is home to a professional basketball team, that is a member of a league of professional basketball teams that have home arenas in at least 10 states, and that is approved by that league for use as a home arena for that basketball team. Once created, the district's jurisdiction remains fixed even if population figures for the county decline below the minimum described in this section.

SB21,3617 Section 3617. 229.861 of the statutes is created to read:

SB21,1364,13 229.861 Powers of a district. A district has all of the powers necessary or convenient to carry out the purposes and provisions of this subchapter, except that it may not issue bonds or levy or impose a tax. In addition to all other powers granted by this subchapter, a district may do all of the following:

SB21,1364,14 (1) Adopt bylaws to govern the district's activities, subject to this subchapter.

SB21,1364,15 (2) Sue and be sued in its own name, plead, and be impleaded.

SB21,1364,16 (3) Maintain an office.

SB21,1364,17 (4) In connection with sports and entertainment facilities:

SB21,1364,20 (a) Acquire, construct, equip, maintain, improve, operate, and manage the sports and entertainment facilities as a revenue-generating enterprise, or engage other persons to do these things.

SB21,1364,23 (b) Acquire; lease, as lessor or lessee; use; transfer; or accept transfers of property, and assume debt payments and outstanding obligations for the property acquired or accepted.

SB21,1364,24 (c) Improve, maintain, and repair property.

SB21,1365,5 (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.

SB21,1365,6 (e) Sell or otherwise dispose of unneeded or unwanted property.

SB21,1365,10 (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.

SB21,1365,13 (6) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

SB21,1365,14 (7) Mortgage, pledge, or otherwise encumber the district's property or funds.

SB21,1365,16 (8) Maintain funds and invest the funds in any investment that the district board considers appropriate.

SB21,1365,18 (9) Promote, advertise, and publicize its sports and entertainment facilities and related activities.

SB21,1365,21 (10) Set standards governing the use of, and the conduct within, its sports and entertainment facilities in order to promote public safety and convenience and to maintain order.

SB21,1365,22 (11) Accept gifts, loans, and other aid.

SB21,1365,23 (12) Adopt and alter an official seal.

SB21,3618 Section 3618. 229.862 of the statutes is created to read:

SB21,1366,4 229.862 Special fund revenues. (1) The district board shall maintain a special fund into which it deposits all funds received under s. 16.527 (3) (d). Moneys in the special fund may be expended only for the construction of sports and entertainment facilities, including the acquisition or lease of property.

SB21,1366,7 (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.

SB21,1366,9 (3) No money in the special fund may be expended for the purpose of operating or maintaining sports and entertainment facilities or a basketball arena.

SB21,3619 Section 3619. 229.863 of the statutes is created to read:

SB21,1366,12 229.863 Powers granted to local units. (1) In addition to any powers that it may otherwise have, a local unit may do any of the following:

SB21,1366,14 (1) Make grants or loans to a district upon terms that the local unit considers appropriate.

SB21,1366,15 (2) Expend public funds to subsidize a district.

SB21,1366,17 (3) Borrow money under ch. 24 and ss. 66.0621, 67.04, and 67.12 (12) for sports and entertainment facilities or to fund grants, loans, or subsidies to a district.

SB21,1366,19 (4) Lease or transfer property to a district upon terms that the local unit considers appropriate.

SB21,3620 Section 3620. 229.864 of the statutes is created to read:

SB21,1366,23 229.864 Dissolution of a district, lease obligations. (1) A district may not dissolve and wind up its affairs unless obligations issued under s. 16.527 (3) (d) have been retired.

SB21,1367,3 (2) If the district board enters into a lease with a professional basketball team described in s. 229.860 for the use of sports and entertainment facilities, the lease shall include a provision that states that if the team breaks or otherwise fails to fulfill its obligations under the lease, the professional basketball team shall pay the state an amount sufficient to retire the obligations issued under s. 16.527 (3) (d).

SB21,3621 Section 3621. 229.865 of the statutes is created to read:

SB21,1367,10 229.865 Trust funds. All moneys received under this subchapter, whether from the state, from a local unit, or from any other source, are trust funds to be held and applied solely as provided in this subchapter. Any officer with whom, or any bank or trust company with which, those moneys are deposited shall act as trustee of those moneys and shall hold and apply the moneys for the purposes of this subchapter.