AB892-ASA2,18,2016
227.01
(13) (t) Ascertains and determines prevailing wage rates and prevailing
17hours of labor under ss. 66.293, 103.49
and, 103.50
and 229.8275, except that any
18action or inaction which ascertains and determines prevailing wage rates and
19prevailing hours of labor under ss. 66.293, 103.49
and
, 103.50
and 229.8275 is subject
20to judicial review under s. 227.40.
AB892-ASA2, s. 40
21Section
40. Subchapter IV of chapter 229 [precedes 229.820] of the statutes
22is created to read:
AB892-ASA2,19,3
1Subchapter IV
2
Local Professional
3
Football stadium districts
AB892-ASA2,19,13
4229.820 Legislative declaration. (1) The legislature determines that the
5provision of assistance by state agencies to a district under this subchapter, any
6appropriation of funds to a district under this subchapter and the moral obligation
7pledge under s. 229.830 (7) serve a statewide public purpose by assisting the
8development of professional football stadium facilities in the state for providing
9recreation, by encouraging economic development and tourism, by reducing
10unemployment and by bringing needed capital into the state for the benefit and
11welfare of people throughout the state. The legislature determines that the taxes
12that may be imposed by a district under subch. V of ch. 77 are special taxes that are
13generated apart from any direct annual tax on taxable property.
AB892-ASA2,19,17
14(2) The legislature determines that a district serves a public purpose in the
15district's jurisdiction by providing recreation, by encouraging economic development
16and tourism, by reducing unemployment and by bringing needed capital into the
17district's jurisdiction for the benefit of people in the district's jurisdiction.
AB892-ASA2,19,18
18229.821 Definitions. In this subchapter:
AB892-ASA2,19,20
19(1) "Bond" means any bond, note or other obligation issued under s. 66.066 by
20a district.
AB892-ASA2,19,24
21(2) "Bond resolution" means a resolution of the district board authorizing the
22issuance of, or providing terms and conditions related to, bonds and includes, where
23appropriate, any trust agreement, trust indenture, indenture of mortgage or deed of
24trust providing terms and conditions for bonds.
AB892-ASA2,20,5
1(3) "Chief elected official" means the mayor of a city or, if the city is organized
2under subch. I of ch. 64, the president of the council of that city, the village president
3of a village, the town board chair of a town or the county executive of a county or, if
4the county does not have a county executive, the chairperson of the county board of
5supervisors.
AB892-ASA2,20,6
6(4) "District" means a special purpose district created under this subchapter.
AB892-ASA2,20,7
7(5) "District board" means the governing board of a district.
AB892-ASA2,20,12
8(6) "Football stadium" means a stadium that is principally used as the home
9stadium of a professional football team described in s. 229.823 at the time that a
10district is created, or if no home stadium exists at the time that a district is created,
11"football stadium" means a stadium that includes the site of a proposed home
12stadium of such a team.
AB892-ASA2,20,17
13(7) "Football stadium facilities" means football stadium property, tangible or
14intangible, including spectator seating of all types, practice facilities, parking lots
15and structures, garages, restaurants, parks, concession facilities, entertainment
16facilities, facilities for the display or sale of memorabilia, transportation facilities,
17and other functionally related or auxiliary facilities or structures.
AB892-ASA2,20,18
18(8) "Home stadium" means a stadium approved as provided in s. 229.823.
AB892-ASA2,20,22
19(9) "Members-elect" means those members of the governing body of a
20municipality or county, at a particular time, who have been duly elected or appointed
21for a current regular or unexpired term and whose service has not terminated by
22death, resignation or removal from office.
AB892-ASA2,20,23
23(10) "Municipality" means a city, village or town.
AB892-ASA2,20,24
24(11) "Political subdivision" means a city, village, town or county.
AB892-ASA2,21,2
1(12) "Related party" means a corporation or business entity that is owned,
2controlled or operated by, or under common control with, a professional football team.
AB892-ASA2,21,8
3229.822 Creation and organization. (1) There is created, for each
4jurisdiction under s. 229.823, a special district that is a local governmental unit, that
5is a body corporate and politic, that is separate and distinct from, and independent
6of, the state and the political subdivisions within its jurisdiction, that has the powers
7under s. 229.824 and the name of which includes "Professional Football Stadium
8District".
AB892-ASA2,21,11
9(2) A district is governed by its district board. Subject to sub. (3), the district
10board shall consist of the following members who shall be appointed not later than
1130 days after the creation of a district:
AB892-ASA2,21,1512
(a) Two persons appointed by the governor. Both of the persons appointed by
13the governor shall reside within the county in which the football stadium is located.
14A person appointed under this paragraph may take his or her seat immediately upon
15appointment and qualification, subject to confirmation or rejection by the senate.
AB892-ASA2,21,2016
(b) Two persons appointed by the chief elected official of the most populous city
17located wholly or partly within the jurisdiction of the district. A person appointed
18under this paragraph may take his or her seat immediately upon appointment and
19qualification, subject to confirmation or rejection by a majority of the members-elect
20of the common council or council.
AB892-ASA2,21,2421
(c) Two persons appointed by the chief elected official of the county in which the
22football stadium is located. A person appointed under this paragraph may take his
23or her seat immediately upon appointment and qualification, subject to confirmation
24or rejection by a majority of the members-elect of the county board.
AB892-ASA2,22,8
1(d) One person appointed by the chief elected official of any municipality
2located wholly or partly within the jurisdiction of the district, other than the most
3populous city located wholly or partly within the jurisdiction of the district, that has
4a boundary at the time of creation of the district that is contiguous to a boundary of
5the site of the football stadium. A person appointed under this paragraph may take
6his or her seat immediately upon appointment and qualification, subject to
7confirmation or rejection by a majority of the members-elect of the governing body
8of the municipality.
AB892-ASA2,22,21
9(3) Upon appointment under sub. (2), the appointing authorities shall certify
10the appointees to the secretary of administration. The terms of office of the persons
11appointed under sub. (2) shall be 2 years expiring on July 1, except that the initial
12terms shall expire on July 1 of the 4th year beginning after the year of creation of a
13district. Persons appointed under sub. (2) (a) may be removed from the district board
14before the expiration of their terms by the appointing authority but only for cause,
15as defined in s. 17.16 (2). Persons appointed under sub. (2) (b) to (d) serve at the
16pleasure of their appointing authorities, and may be removed before the expiration
17of their terms. Vacancies shall be filled by the appointing authority who appointed
18the person whose office is vacant. A person appointed to fill a vacancy under sub. (2)
19shall serve for the remainder of the unexpired term to which he or she is appointed.
20The appointing authorities shall confer with one another regarding their
21appointments with a view toward achieving diversity on the district board.
AB892-ASA2,22,24
22(4) (a) The district board shall elect from its membership a chairperson, a vice
23chairperson, a secretary and a treasurer. The secretary shall act as clerk of the
24district.
AB892-ASA2,23,4
1(b) A majority of the current membership of the district board constitutes a
2quorum to do business. The district may take action based on the affirmative vote
3of a majority of those members of the district board who are present at a meeting of
4the district board.
AB892-ASA2,23,6
5(5) The members of the district board shall be reimbursed for their actual and
6necessary expenses incurred in the performance of their duties.
AB892-ASA2,23,9
7(6) Upon the appointment and qualification of a majority of the members of a
8district board, the district board may exercise the powers and duties of a district
9board under this subchapter.
AB892-ASA2,23,11
10(7) The district board shall name the district, and the name shall include
11"Professional Football Stadium District".
AB892-ASA2,23,21
12229.823 Jurisdiction. A district's jurisdiction is any county with a population
13at the date of the district's creation of more than 150,000 that includes the principal
14site of a stadium that is home to a professional football team, that is a member of a
15league of professional football teams that have home stadiums in at least 10 states
16and a collective average attendance for all league members of at least 40,000 persons
17per game over the 5 years immediately preceding the year in which a district is
18created, and that is approved by that league for use as a home stadium for that
19professional football team. Once created, the district's jurisdiction remains fixed
20even if population or attendance figures subsequently decline below the minimums
21described in this section.
AB892-ASA2,23,24
22229.824 Powers of a district. A district has all of the powers necessary or
23convenient to carry out the purposes and provisions of this subchapter. In addition
24to all other powers granted by this subchapter, a district may do all of the following:
AB892-ASA2,23,25
25(1) Adopt bylaws to govern the district's activities, subject to this subchapter.
AB892-ASA2,24,1
1(2) Sue and be sued in its own name, plead and be impleaded.
AB892-ASA2,24,2
2(3) Maintain an office.
AB892-ASA2,24,3
3(4) In connection with football stadium facilities:
AB892-ASA2,24,64
(a) Acquire, construct, equip, maintain, improve, operate and manage the
5football stadium facilities as a revenue-generating enterprise, or engage other
6persons to do these things.
AB892-ASA2,24,87
(b) Acquire; lease, as lessor or lessee; use; transfer; or accept transfers of
8property.
AB892-ASA2,24,129
(c) Improve, maintain and repair property, and fund reserves for maintenance,
10depreciation and capital improvements. Reserves for depreciation and capital
11improvements may not be created in the special fund maintained under s. 229.825
12(1).
AB892-ASA2,24,1713
(d) Enter into contracts, subject to such standards as may be established by the
14district board. The district board may award any such contract for any combination
15or division of work it designates and may consider any factors in awarding a contract,
16including price, time for completion of work and qualifications and past performance
17of a contractor.
AB892-ASA2,24,1818
(e) Grant concessions.
AB892-ASA2,24,1919
(f) Sell or otherwise dispose of unneeded or unwanted property.
AB892-ASA2,24,23
20(5) Employ personnel, and fix and regulate their compensation; and provide,
21either directly or subject to an agreement under s. 66.30 as a participant in a benefit
22plan of another governmental entity, any employe benefits, including an employe
23pension plan.
AB892-ASA2,25,3
1(6) Purchase insurance, establish and administer a plan of self-insurance or,
2subject to an agreement with another governmental entity under s. 66.30,
3participate in a governmental plan of insurance or self-insurance.
AB892-ASA2,25,4
4(7) Mortgage, pledge or otherwise encumber the district's property or funds.
AB892-ASA2,25,9
5(8) Issue revenue bonds under s. 66.066, subject to ss. 229.829 to 229.834, and
6enter into agreements related to the issuance of bonds, including liquidity and credit
7facilities, remarketing agreements, insurance policies, guaranty agreements, letter
8of credit or reimbursement agreements, indexing agreements, interest exchange
9agreements and currency exchange agreements.
AB892-ASA2,25,11
10(9) Maintain funds and invest the funds in any investment that the district
11board considers appropriate.
AB892-ASA2,25,13
12(10) Promote, advertise and publicize its football stadium facilities and related
13activities.
AB892-ASA2,25,16
14(11) Set standards governing the use of, and the conduct within, its football
15stadium facilities in order to promote public safety and convenience and to maintain
16order.
AB892-ASA2,25,18
17(12) Establish and collect fees or other charges for the use of its football
18stadium facilities or for services rendered by the district.
AB892-ASA2,25,22
19(13) Establish and collect fees or other charges for the right to purchase
20admission to events at the football stadium if the proceeds from any amount that is
21collected under this subsection are used for purposes related to football stadium
22facilities.
AB892-ASA2,25,24
23(14) Enter into partnerships, joint ventures, common ownership or other
24arrangements with other persons to further the district's purposes.
AB892-ASA2,26,18
1(15) Impose, by the adoption of a resolution, the taxes under subch. V of ch. 77,
2except that the taxes imposed by the resolution may not take effect until the
3resolution is approved by a majority of the electors in the district's jurisdiction voting
4on the resolution at a referendum, to be held on a date specified by the county board.
5The board shall specify a date that is not earlier than 45 days nor later than 120 days
6after adoption of the resolution. The referendum may be held at any spring or
7general election or any spring or September primary, or at a special election called
8by the county board for that purpose. The question submitted shall be "Shall a sales
9tax and a use tax be imposed at the rate of ....% in ...... County for purposes related
10to football stadium facilities in the ..... Professional Football Stadium District?" The
11clerk of the district shall publish the notices required under s. 10.06 (4) (c), (f) and
12(i) for any referendum held under this subsection. A district may not levy any taxes
13that are not expressly authorized under subch. V of ch. 77. If a district board adopts
14a resolution that imposes taxes and the resolution is approved by the electors, the
15district shall deliver a certified copy of the resolution to the secretary of revenue at
16least 30 days before its effective date. If a district board adopts a resolution that
17imposes taxes and the resolution is not approved by the electors, the district is
18dissolved.
AB892-ASA2,26,19
19(16) Accept gifts, loans and other aid.
AB892-ASA2,26,21
20(17) Administer the receipt of revenues, and oversee the payment of bonds
21issued by the district.
AB892-ASA2,26,22
22(18) Adopt and alter an official seal.
AB892-ASA2,27,4
23229.825 Special fund tax revenues. (1) The district board shall maintain
24one special fund into which it deposits all of the revenue received from the
25department of revenue, that is derived from the taxes imposed under subch. V of ch.
177, and may use this revenue only for the purposes specified in sub. (2). The district
2may not deposit any other moneys into the special fund, except that the district shall
3credit all earnings on the revenues in the special fund to the special fund. The
4earnings on the revenues shall be used only for the purposes specified in sub. (2).
AB892-ASA2,27,12
5(2) The district shall first use the revenues in the special fund maintained
6under sub. (1) for the purpose of any special debt service reserve fund under s.
7229.830 and for the payment of current debt service on bonds issued by the district
8for purposes related to football stadium facilities. If the revenues in the special fund
9exceed the amount required for any special debt service reserve fund under s.
10229.830 and to pay current debt service on bonds issued by the district for purposes
11related to football stadium facilities, the district shall apply the excess revenues for
12the following purposes in the following order:
AB892-ASA2,27,1713
(a) Beginning in the first year in which a renovated or newly constructed
14football stadium is used as a home stadium, an amount equal to not more than
15$4,031,000 may be used to pay the maintenance and operating costs of the football
16stadium facilities. This amount may be increased each year thereafter by not more
17than 3% and may be expended annually until the earlier of the following:
AB892-ASA2,27,1918
1. The 28th year beginning after the initial year in which the revenues are first
19used to pay the maintenance and operating costs of the football stadium facilities.
AB892-ASA2,27,2220
2. The year in which the district board determines that the balance of moneys
21in the reserve created under par. (c) 2., plus all projected earnings on the moneys, are
22sufficient to pay the costs specified under subd. 1.
AB892-ASA2,28,523
(b) Beginning in the year that occurs immediately after the year in which the
24tax is first imposed under s. 77.706, an amount equal to not more than $750,000 may
25be used to pay the district board's administration expenses. In the succeeding year,
1an amount equal to not more than $500,000 may be used to pay the district board's
2administration expenses. In the 2nd succeeding year, and each year thereafter, an
3amount equal to not more than $200,000 may be used to pay the district board's
4administration expenses. The amount authorized to be expended under this
5paragraph may be expended annually until the earlier of the following:
AB892-ASA2,28,76
1. The 30th year beginning after the initial year in which the revenues are first
7used to pay the district board's administration expenses.
AB892-ASA2,28,108
2. The year in which the district board determines that the balance of moneys
9in the reserve created under par. (c) 2., plus all projected earnings on the moneys, are
10sufficient to pay the costs specified under subd. 1.
AB892-ASA2,28,1111
(c) The remainder may be used only for the following purposes:
AB892-ASA2,28,1312
1. To retire bonds issued for purposes related to football stadium facilities, and
13any bonds issued to fund or refund those bonds, prior to their maturity.
AB892-ASA2,28,1814
2. To establish a reserve to pay the maintenance and operating costs of the
15football stadium facilities specified in par. (a) and the district board's administration
16expenses specified in par. (b), but only after all bonds issued for purposes related to
17football stadium facilities and all bonds issued to fund or refund those bonds are
18retired.
AB892-ASA2,28,22
19(3) As soon as practicable after all bonds issued for purposes related to football
20stadium facilities and all bonds issued to fund or refund those bonds are retired and
21after fully funding the reserve created under sub. (2) (c) 2., the district board shall
22make a certification to the department of revenue to that effect.
AB892-ASA2,28,25
23229.826 Powers granted to a municipality or county. In addition to any
24powers that it may otherwise have, a county or municipality located wholly or partly
25within a district's jurisdiction may do any of the following:
AB892-ASA2,29,2
1(1) Make grants or loans to a district upon terms that the county or
2municipality considers appropriate.
AB892-ASA2,29,3
3(2) Expend public funds to subsidize a district.
AB892-ASA2,29,5
4(3) Borrow money under ss. 67.04 and 67.12 (12) for football stadium facilities
5or to fund grants, loans or subsidies to a district.
AB892-ASA2,29,7
6(4) Lease or transfer property to a district upon terms that the county or
7municipality considers appropriate.
AB892-ASA2,29,11
8(5) With the consent of a district, establish and collect fees or other charges
9applicable only to a football stadium for the right to purchase admission to events at
10the stadium, if the proceeds from any amount that is collected under this subsection
11are used for purposes related to football stadium facilities.
AB892-ASA2,29,17
12229.827 Contracting. Unless a district board determines that it is not
13feasible to do so, the district shall enter into a contract with a professional football
14team, as described in s. 229.823, or a related party, that requires the team or related
15party to acquire and construct football stadium facilities that are part of any facilities
16that are leased by the district to the team or to a related party, without regard to
17whether the football stadium facilities are financed by the district.
AB892-ASA2,29,23
18229.8275 Prevailing wage. A district may not enter into a contract under s.
19229.827 with a professional football team, as described in s. 229.823, or a related
20party that requires the team or related party to acquire and construct football
21stadium facilities that are part of any facilities that are leased by the district to the
22team or to a related party unless the professional football team or related party
23agrees as follows:
AB892-ASA2,30,4
24(1) Not to permit any employe working on the football stadium facilities who
25would be entitled to receive the prevailing wage rate under s. 66.293 and who would
1not be required or permitted to work more than the prevailing hours of labor, if the
2football stadium facilities were a project of public works subject to s. 66.293, to be
3paid less than the prevailing wage rate or to be required or permitted to work more
4than the prevailing hours of labor, except as permitted under s. 66.293 (4) (a).
AB892-ASA2,30,9
5(2) To require any contractor, subcontractor or agent thereof performing work
6on the football stadium facilities to keep and permit inspection of records in the same
7manner as a contractor, subcontractor or agent thereof performing work on a project
8of public works that is subject to s. 66.293 is required to keep and permit inspection
9of records under s. 66.293 (10).
AB892-ASA2,30,16
10(3) Otherwise to comply with s. 66.293 in the same manner as a local
11governmental unit contracting for the erection, construction, remodeling, repairing
12or demolition of a project of public works is required to comply with s. 66.293 and to
13require any contractor, subcontractor or agent thereof performing work on the
14football stadium facilities to comply with s. 66.293 in the same manner as a
15contractor, subcontractor or agent thereof performing work on a project of public
16works that is subject to s. 66.293 is required to comply with s. 66.293.
AB892-ASA2,31,2
17229.828 Dissolution of a district. Subject to providing for the payment of
18its bonds, including interest on the bonds, and the performance of its other
19contractual obligations, a district may be dissolved by the action of the district board.
20If a district board adopts a resolution that imposes taxes and the resolution is not
21approved by the electors, as described in s. 229.824 (15), the district is dissolved. If
22the district is dissolved, the property of the district shall be transferred to the
23political subdivisions that compose the district's jurisdiction in such proportions as
24the secretary of administration determines fairly and reasonably represent the
1contributions of each political subdivision to the development or improvement of the
2football stadium facilities.
AB892-ASA2,31,5
3229.829 Issuance and negotiability of bonds. (1) Negotiability. All bonds
4are negotiable for all purposes, notwithstanding their payment from a limited
5source.
AB892-ASA2,31,8
6(2) Employment of financial consultant. A district may retain the building
7commission or any other person as its financial consultant to assist with and
8coordinate the issuance of bonds.
AB892-ASA2,31,12
9(3) No personal liability. Neither the members of the district board nor any
10person executing the bonds is liable personally on the bonds or subject to any
11personal liability or accountability by reason of the issuance of the bonds, unless the
12personal liability or accountability is the result of wilful misconduct.
AB892-ASA2,31,16
13(4) Limit on bonds. The principal amount of bonds, other than refunding bonds,
14that are issued by a district may not exceed $160,000,000 at any one time
15outstanding. The limitation under this subsection does not include the proceeds of
16any bonds that are used for any of the following purposes:
AB892-ASA2,31,1717
(a) To pay issuance costs of the bonds.
AB892-ASA2,31,1818
(b) To pay any original issue discount.
AB892-ASA2,31,20
19(5) Date of issuance. All bonds, other than refunding bonds, that are issued
20by a district shall be issued no later than December 31, 2004.