SB21: Bill Text

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.

SB21,3622 Section 3622. 229.866 of the statutes is created to read:

SB21,1367,18 229.866 Budgets; rates and charges; audit. A district shall adopt a calendar year as its fiscal year for accounting purposes. The district board shall annually prepare a budget for the district. Rates and other charges received by the district shall be used for the general expenses and capital expenditures of the district. A district shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements audited annually by an independent certified public accountant.

SB21,3623 Section 3623. 230.02 of the statutes is amended to read:

SB21,1367,22 230.02 Liberal construction of statutes. Statutes applicable to the office division and bureau shall be construed liberally in aid of the purposes declared in s. 230.01.

SB21,3624 Section 3624. 230.03 (3) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

SB21,1368,10 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or under ch. 231, 232, 233, 234 235, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB21,3625 Section 3625 . 230.03 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1368,22 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or under ch. 36, 231, 232, 233, 235, 237, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB21,3626 Section 3626. 230.03 (5) of the statutes is created to read:

SB21,1368,25 230.03 (5) "Bureau" means the bureau of merit recruitment and selection in the division.

SB21,3627 Section 3627. 230.03 (6) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21,1369,5 230.03 (6) "Civil service" means all offices and positions of trust or employment in the service of the state, except offices and positions in the organized militia and the Board of Regents of the University of Wisconsin System.

SB21,3628 Section 3628. 230.03 (9e) of the statutes is amended to read:

SB21,1369,7 230.03 (9e) "Director" means the director of the office bureau.

SB21,3629 Section 3629. 230.03 (10) of the statutes is amended to read:

SB21,1369,10 230.03 (10) "Division" means the division of merit recruitment and selection in the office personnel management in the department of administration.

SB21,3630 Section 3630. 230.03 (10w) of the statutes is repealed.

SB21,3631 Section 3631. 230.04 (title) of the statutes is amended to read:

SB21,1369,13 230.04 (title) Powers and duties of the director administrator.

SB21,3632 Section 3632. 230.04 (1) of the statutes is amended to read:

SB21,1369,18 230.04 (1) The director administrator is charged with the effective administration of this chapter. All powers and duties, necessary to that end, which are not exclusively vested by statute in the commission, the division of equal rights, the administrator director or appointing authorities, are reserved to the director.

SB21,3633 Section 3633. 230.04 (1m) of the statutes is amended to read:

SB21,1370,10 230.04 (1m) The director administrator may delegate, in writing, any of his or her functions set forth in this chapter to an appointing authority, within prescribed standards if the director administrator finds that the agency has personnel management capabilities to perform such functions effectively and has indicated its approval and willingness to accept such responsibility by written agreement. If the director administrator determines that any agency is not performing such delegated function within prescribed standards, the director administrator shall forthwith withdraw such delegated function. Subject to the approval of the joint committee on finance, the director administrator may order transferred to the office division from the agency to which delegation was made such agency staff and other resources as necessary to perform such functions if increased staff was authorized to that agency as a consequence of such delegation or if the office division reduced staff or shifted staff to new responsibilities as a result of such delegation. Any delegatory action taken under s. 230.09 (2) (a) or (d) or 230.13 (1) by an appointing authority may be appealed to the commission under s. 230.44 (1) (b). The director administrator shall be a party in such an appeal.

SB21,3634 Section 3634. 230.04 (2) of the statutes is amended to read:

SB21,1370,15 230.04 (2) The director administrator may utilize the services of technical or specialized personnel to assist in implementing and maintaining a sound personnel management program. These services may be obtained from persons inside or outside of state service.

SB21,3635 Section 3635. 230.04 (3) of the statutes is amended to read:

SB21,1370,21 230.04 (3) The director administrator may issue enforceable orders on all matters relating to the administration, enforcement and effect of this chapter and the rules prescribed thereunder except on matters relating to the provisions of subch. III or to those provisions of subch. II for which responsibility is specifically charged to the administrator director.

SB21,3636 Section 3636. 230.04 (4) of the statutes is amended to read:

SB21,1370,24 230.04 (4) The director administrator shall establish and maintain a collective bargaining capability under s. 111.815 (2).

SB21,3637 Section 3637. 230.04 (5) of the statutes is amended to read:

SB21,1371,5 230.04 (5) The director administrator shall promulgate rules on all matters relating to the administration of the office division and the performance of the duties assigned to the director administrator, except on matters relating to those provisions of subch. II for which responsibility is specifically charged to the administrator director.

SB21,3638 Section 3638. 230.04 (8) of the statutes is amended to read:

SB21,1371,8 230.04 (8) The director administrator shall establish an employee performance evaluation program under s. 230.37 (1).

SB21,3639 Section 3639. 230.04 (9) (intro.) of the statutes is amended to read: