AB43: Bill Text

AB43,1344,3 227.13 Advisory committees and informal consultations. An agency may use informal conferences and consultations to obtain the viewpoint and advice of interested persons with respect to contemplated rule making. An agency may also appoint a committee of experts, interested persons or representatives of the public to advise it with respect to any contemplated rule making. Such a The committee shall have advisory powers only. Whenever an agency appoints a committee under this section, the agency shall submit a list of the members of the committee to the joint committee for review of administrative rules.

AB43,2457 Section 2457 . 227.26 (2) (im) of the statutes is repealed.

AB43,2458 Section 2458 . 227.57 (11) of the statutes is amended to read:

AB43,1344,9 227.57 (11) Upon review of an agency action or decision affecting a property owner's use of the property owner's property, the court shall accord no deference to the agency's interpretation of law if the agency action or decision restricts the property owner's free use of the property owner's property.

AB43,2459 Section 2459 . 229.46 (1) (ae) of the statutes is created to read:

AB43,1344,12 229.46 (1) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).

AB43,2460 Section 2460. 229.46 (1) (ag) of the statutes is renumbered 229.46 (1) (bm) and amended to read:

AB43,1344,16 229.46 (1) (bm) “Disabled veteran-owned Veteran-owned business" means a business certified by the department of administration under s. 16.283 (3).

AB43,2461 Section 2461 . 229.46 (1) (aj) of the statutes is created to read:

AB43,1344,19 229.46 (1) (aj) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).

AB43,2462 Section 2462 . 229.46 (2) (intro.) of the statutes is amended to read:

AB43,1345,4 229.46 (2) (intro.) A person who is awarded a contract by a district shall agree, as a condition to receiving the contract, that at least 25 percent of the employees hired because of the contract will be minority group members, at least 5 percent of the employees hired because of the contract will be women, and at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business, at least 1 percent of the employees hired because of the contract will be employees of a lesbian, gay, bisexual, or transgender-owned business, and at least 1 percent of the employees hired because of the contract will be employees of a disability-owned business, if any of the following applies:

AB43,2463 Section 2463 . 229.46 (3) (intro.) of the statutes is amended to read:

AB43,1345,15 229.46 (3) (intro.) At least 25 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses, at least 5 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women's businesses, and at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, and at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to a disability-owned business:

AB43,2464 Section 2464. 229.64 (1) of the statutes is amended to read:

AB43,1346,4 229.64 (1) The legislature determines that the provision of assistance by state agencies to a district under this subchapter, and any appropriation or grant of funds to a district under this subchapter or s. 16.09 or 20.505 (1) (bm) and the moral obligation pledge under s. 229.74 (7) serve a statewide public purpose by assisting the development, construction, improvement, repair, and maintenance of a professional baseball park facilities in the state for providing recreation, by encouraging economic development and tourism, by preserving business activities within the state, by generating additional tax revenues that would not exist without the baseball park facilities, by reducing unemployment, and by bringing needed capital into the state for the benefit and welfare of people throughout the state. The legislature determines that the taxes that may be imposed by a district under subch. V of ch. 77 are special taxes that are generated apart from any direct annual tax on taxable property.

AB43,2465 Section 2465 . 229.65 (1) of the statutes is renumbered 229.65 (1s) and amended to read:

AB43,1346,12 229.65 (1s) “Baseball park facilities" means property, tangible or intangible, owned in whole or in substantial part, operated or leased by a district that is principally for the support or performance of professional baseball operations including parking lots, garages, restaurants, parks, concession facilities, entertainment facilities, and transportation facilities, and other functionally related or auxiliary facilities or structures.

AB43,2466 Section 2466 . 229.65 (1m) of the statutes is created to read:

AB43,1346,19 229.65 (1m) “Baseball park development” means property, other than baseball park facilities, tangible or intangible, operated by a professional baseball team on real estate leased or subleased from a district that is part of the operations of the professional baseball team for any legally permissible use, including retail facilities, hospitality facilities, commercial and residential facilities, health care facilities, and any other functionally related or auxiliary facilities or structures.

AB43,2467 Section 2467. 229.65 (6m) of the statutes is created to read:

AB43,1346,25 229.65 (6m) “Professional baseball team” means a baseball team that is a member of a league of professional baseball teams that have home stadiums approved by the league in at least 10 states and a collective average attendance for all league members of at least 10,000 persons per game over the 5 years immediately preceding the effective date of this subsection .... [LRB inserts date].

AB43,2468 Section 2468. 229.67 of the statutes is amended to read:

AB43,1347,10 229.67 Jurisdiction. A district's jurisdiction is any county with a population of more than 600,000 that is the site of baseball park facilities that are home to a professional baseball team and all counties that are contiguous to that county and that are not already included in a different district. Once created, a district's jurisdiction is fixed even if the population of other counties within the district subsequently exceeds 600,000. Once a county is included in a district's jurisdiction the county remains in the district until the district is dissolved under s. 229.71. In this section, “contiguous" includes a county that touches another county only at a corner.

AB43,2469 Section 2469. 229.68 (intro.) of the statutes is amended to read:

AB43,1347,20 229.68 Powers of a district. (intro.) 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 incur any new obligations after the date on which the district may no longer collect the tax under s. 77.707 (1), 2021 stats., if such an obligation could not be paid out of the district's revenues or assets once the tax under s. 77.707 (1), 2021 stats., is no longer collected. The district may not incur costs or any obligations for signage related to a change in naming rights for the baseball park facilities. In addition to all other powers granted by this subchapter, a district may do all of the following:

AB43,2470 Section 2470 . 229.68 (4) (intro.) of the statutes is amended to read:

AB43,1347,24 229.68 (4) (intro.) In connection with baseball park facilities and, with respect to par. (b), in connection with baseball park facilities and any baseball park development:

AB43,2471 Section 2471. 229.68 (4) (b) of the statutes is amended to read:

AB43,1348,3 229.68 (4) (b) Acquire; lease, as lessor or lessee; authorize the sublease of; use; or transfer property; except that the district may not enter into any lease that does not receive the affirmative vote of a supermajority majority of the district board.

AB43,2472 Section 2472. 229.68 (4) (d) of the statutes is amended to read:

AB43,1348,10 229.68 (4) (d) Enter into contracts, subject to such standards as may be established by the district board, which standards may include approval by a professional baseball team pursuant to the terms of a lease with the district. 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.

AB43,2473 Section 2473. 229.68 (9) of the statutes is amended to read:

AB43,1348,16 229.68 (9) Maintain funds and invest the funds in any investment that the district board considers appropriate. A district may delegate the investment authority over any funds held in trust under this subchapter to an investment manager who is registered as an investment adviser under the federal Investment Advisers Act of 1940, 15 USC 80b-3.

AB43,2474 Section 2474. 229.68 (11) of the statutes is amended to read:

AB43,1348,19 229.68 (11) Promote, advertise and publicize its the baseball park facilities and related activities.

AB43,2475 Section 2475. 229.68 (12) of the statutes is amended to read:

AB43,1348,23 229.68 (12) Set standards governing the use of, and the conduct within, its the baseball park facilities in order to promote public safety and convenience and to maintain order.

AB43,2476 Section 2476. 229.68 (13) of the statutes is amended to read:

AB43,1349,3 229.68 (13) Establish and collect fees, and establish shared revenue arrangements or other charges for the use of its the baseball park facilities or for services rendered by the district.

AB43,2477 Section 2477. 229.68 (15) of the statutes is repealed.

AB43,2478 Section 2478 . 229.682 (1) of the statutes is amended to read:

AB43,1349,9 229.682 (1) Gifts and donations. The district board shall explore and consider ways to solicit and encourage gifts and donations for the development, construction, improvement, repair, and maintenance of baseball park facilities and, to the extent feasible, implement means to solicit such gifts and donations.

AB43,2479 Section 2479 . 229.682 (2) of the statutes is created to read:

AB43,1349,12 229.682 (2) Prevailing wage. The construction of a baseball park facility that is financed in whole or in part by a district is subject to s. 66.0903.

AB43,2480 Section 2480. 229.682 (3) of the statutes is amended to read:

AB43,1349,17 229.682 (3) Special debt payments. The district shall pay, over a 3-year period beginning on October 1, 1996, any outstanding debt used to finance improvements to a baseball stadium that has been used as a home field by a major league professional baseball team in the district, up to a maximum amount of $1,500,000.

AB43,2481 Section 2481. 229.682 (4) of the statutes is amended to read:

AB43,1349,24 229.682 (4) Special ticket provisions. A major league professional baseball team that uses as its home field baseball park facilities that are constructed under this subchapter shall annually designate, for each county that is in the district's jurisdiction, at least one of the team's home games as a discount ticket day for that county, for which residents of that county may purchase discounted admission tickets.

AB43,2482 Section 2482. 229.682 (7) of the statutes is amended to read:

AB43,1350,7 229.682 (7) Youth sports organizations. A major league professional baseball team that uses as its home field baseball park facilities that are constructed under this subchapter shall make an annual contribution of at least $20,000 to youth sports organizations in this state for the purchase of equipment or the rental or maintenance of athletic facilities that are used by such organizations. The contributions that are required under this subsection may be made in cash or equipment.

AB43,2483 Section 2483. 229.685 (1) of the statutes is amended to read:

AB43,1350,12 229.685 (1) The district board shall maintain a special fund into which it deposits only the revenue received from the department of revenue, that is derived from the taxes imposed under subch. V of ch. 77, 2021 stats., and may use this revenue only for purposes related to baseball park facilities.

AB43,2484 Section 2484. 229.687 of the statutes is created to read:

AB43,1350,22 229.687 Facilities enhancement fund. The district shall establish and maintain a facilities enhancement fund. The fund shall consist of all moneys received from the department of administration under s. 16.09. The district may use moneys deposited in the fund solely for purposes related to the development, construction, improvement, repair, and maintenance of baseball park facilities. Moneys deposited in the fund may not be used for the securitization or retirement of bonds. If any amount remains in the fund after the lease specified in s. 16.09 (3) (a) 1. is no longer in effect, the district board shall return the amount to the department of administration.

AB43,2485 Section 2485 . 229.69 (4) of the statutes is amended to read:

AB43,1350,25 229.69 (4) Grant to the state land or other property, especially dedicated by the grant to use for a professional baseball park facilities or baseball park development.

AB43,2486 Section 2486. 229.70 (title) of the statutes is amended to read:

AB43,1351,4 229.70 (title) Minority contracting goals; disabled veteran-owned business contracting goals; lesbian, gay, bisexual, or transgender-owned business contracting goals; disability-owned business contracting goals.

AB43,2487 Section 2487 . 229.70 (1) (ae) of the statutes is created to read:

AB43,1351,7 229.70 (1) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).

AB43,2488 Section 2488. 229.70 (1) (ag) of the statutes is renumbered 229.70 (1) (bm) and amended to read:

AB43,1351,11 229.70 (1) (bm) “Disabled veteran-owned Veteran-owned business" means a business certified by the department of administration under s. 16.283 (3).

AB43,2489 Section 2489 . 229.70 (1) (aj) of the statutes is created to read:

AB43,1351,14 229.70 (1) (aj) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).

AB43,2490 Section 2490 . 229.70 (2) of the statutes is amended to read:

AB43,1352,2 229.70 (2) The district shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by a district shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25 percent of the employees hired because of the contract will be minority group members, at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business, at least 1 percent of the employees hired because of the contract will be employees of a lesbian, gay, bisexual, or transgender-owned business, at least 1 percent of the employees hired because of the contract will be employees of a disability-owned business, and at least 5 percent of the employees hired because of the contract will be women if the contract is for the construction of any part of baseball park facilities.

AB43,2491 Section 2491 . 229.70 (3) (intro.) of the statutes is amended to read:

AB43,1352,14 229.70 (3) (intro.) It shall be a goal of the district to ensure that at least 25 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disability-owned businesses, and at least 5 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women's businesses:

AB43,2492 Section 2492 . 229.70 (4) of the statutes is amended to read:

AB43,1352,22 229.70 (4) It shall be a goal of a district, with regard to each of the contracts described under sub. (3) (a), (b) and (c), to award at least 25 percent of the dollar value of such contracts to minority businesses, at least 1 percent of the dollar value of such contracts to disabled veteran-owned businesses, at least 1 percent of the dollar value of such contracts to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the dollar value of such contracts to disability-owned businesses, and at least 5 percent of the dollar value of such contracts to women's businesses.

AB43,2493 Section 2493 . 229.70 (4m) (a) of the statutes is amended to read:

AB43,1353,8 229.70 (4m) (a) The district shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by a district 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 facilities are to be constructed or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the construction work or professional services.

AB43,2494 Section 2494 . 229.70 (4m) (b) of the statutes is amended to read:

AB43,1353,16 229.70 (4m) (b) If the district is unable to meet the goals under subs. (3) and (4), 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) (a), (b) and (c) are to be performed, to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the contracts described under sub. (3) (a), (b) and (c).

AB43,2495 Section 2495 . 229.70 (5) (b) 1. of the statutes is amended to read:

AB43,1353,22 229.70 (5) (b) 1. The supply of eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses that have the financial capacity, technical capacity, and previous experience in the areas in which contracts were awarded.

AB43,2496 Section 2496 . 229.70 (5) (b) 2. of the statutes is amended to read:

AB43,1354,2 229.70 (5) (b) 2. The competing demands for the services provided by eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses, as described in subd. 1., in areas in which contracts were awarded.

AB43,2497 Section 2497 . 229.70 (5) (b) 3. of the statutes is amended to read:

AB43,1354,10 229.70 (5) (b) 3. The extent to which the district or contractors advertised for and aggressively solicited bids from eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses, as described in subd. 1., and the extent to which eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women's businesses submitted bids.

AB43,2498 Section 2498 . 229.70 (6) of the statutes is amended to read:

AB43,1354,15 229.70 (6) The district shall solicit from any major league professional baseball club team to whom the district leases baseball park facilities its minority hiring goals in connection with the operation of a baseball stadium and its minority contracting goals in connection with vending contractors at a baseball stadium.

AB43,2499 Section 2499 . 229.71 of the statutes is amended to read:

AB43,1355,2 229.71 Dissolution of a district. Subject Upon or after the expiration or termination of all lease arrangements between the district and a professional baseball team with respect to the baseball park facilities, and 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 the district is dissolved, the property of the district shall be transferred to the state. The state shall apportion and distribute property transferred under this section among the state and the counties in the jurisdiction of the district, based on the tax revenues derived from each county and the appropriation made by the state under s. 20.505 (1) (bm), as determined by the secretary of administration.

AB43,2500 Section 2500. 229.75 (3) of the statutes is amended to read:

AB43,1355,11 229.75 (3) Bonds issued by the district shall be secured only by the district's interest in any baseball park facilities, including any interest in a lease with the department of administration under s. 16.82 (7); by income from these facilities; by proceeds of bonds issued by the district and other amounts placed in a special redemption fund and investment earnings on such amounts; and by the taxes imposed by the district under subch. V of ch. 77, 2021 stats. The district may not pledge its full faith and credit on the bonds and the bonds are not a liability of the district.

AB43,2501 Section 2501. 229.76 of the statutes is amended to read:

AB43,1355,19 229.76 State pledge. The state pledges to and agrees with the bondholders, and persons that enter into contracts with a district under this subchapter, that the state will not limit or alter the rights and powers vested in a district by this subchapter, including the rights and powers under s. 229.68 (15), before the district has fully met and discharged the bonds, and any interest due on the bonds, and has fully performed its contracts, unless adequate provision is made by law for the protection of the bondholders or those entering into contracts with a district.