Amendment ASA2-AB892

AB892-ASA2,5,4 20.395 (1) (gv) Transportation aids to local professional football stadium districts. As a continuing appropriation, the amounts in the schedule for transportation aids to local professional football stadium districts under s. 85.62.

AB892-ASA2, s. 10 Section 10. 20.566 (1) (ge) of the statutes is created to read:

AB892-ASA2,5,10 20.566 (1) (ge) Administration of local professional football stadium district taxes. From the moneys transferred from the appropriation account under s. 20.835 (4) (ge), the amounts in the schedule for administering the special district taxes imposed under s. 77.706 by a local professional football stadium district created under subch. IV of ch. 229.

AB892-ASA2, s. 11 Section 11. 20.835 (4) (ge) of the statutes is created to read:

AB892-ASA2,6,4 20.835 (4) (ge) Local professional football stadium district taxes. All moneys received from the taxes imposed under s. 77.706, for the purpose of distribution to the special districts that adopt a resolution imposing taxes under subch. V of ch. 77, and for the purpose of financing a local professional football stadium district, except that, of those tax revenues collected under subch. V of ch. 77, 1.5% shall be credited to the appropriation account under s. 20.566 (1) (ge).

AB892-ASA2, s. 12 Section 12. 20.867 (5) of the statutes is created to read:

AB892-ASA2,6,9 20.867 (5) Services to nonstate governmental units. (g) Financial consulting services. All moneys received from local professional football stadium districts for financial consulting services provided under s. 18.03 (5s), to be used to provide those services.

AB892-ASA2, s. 13 Section 13. 24.61 (2) (a) 8. of the statutes is created to read:

AB892-ASA2,6,12 24.61 (2) (a) 8. Bonds issued by a local professional football stadium district created under subch. IV of ch. 229.

AB892-ASA2, s. 14 Section 14. 25.17 (3) (b) 11. of the statutes is created to read:

AB892-ASA2,6,15 25.17 (3) (b) 11. Bonds issued by a local professional football stadium district created under subch. IV of ch. 229.

AB892-ASA2, s. 15 Section 15. 25.50 (1) (d) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB892-ASA2,7,2 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 231.02, 233.02 or 234.02.

AB892-ASA2, s. 15m Section 15m. 32.02 (1) of the statutes is amended to read:

AB892-ASA2,7,14 32.02 (1) Any county, town, village, city, including villages and cities incorporated under general or special acts, school district, the department of health and family services, the department of corrections, the board of regents of the university of Wisconsin system, the building commission, a commission created by contract under s. 66.30, with the approval of the municipality in which condemnation is proposed, or any public board or commission, for any lawful purpose, but in the case of city and village boards or commissions approval of that action is required to be granted by the governing body. A mosquito control commission, created under s. 59.70 (12), may not acquire property by condemnation. A local professional football stadium district board, created under subch. IV of ch. 229, may not acquire property by condemnation.

AB892-ASA2, s. 16 Section 16. 66.04 (2) (a) (intro.) of the statutes is amended to read:

AB892-ASA2,7,20 66.04 (2) (a) (intro.) Any county, city, village, town, school district, drainage district, technical college district or other governing board, as defined by s. 34.01 (1), other than a local professional football stadium district board created under subch. IV of ch. 229, may invest any of its funds not immediately needed in any of the following:

AB892-ASA2, s. 17 Section 17. 66.04 (2) (a) 3q. of the statutes is created to read:

AB892-ASA2,7,23 66.04 (2) (a) 3q. Bonds issued by a local professional football stadium district created under subch. IV of ch. 229.

AB892-ASA2, s. 18 Section 18. 66.066 (1) (a) of the statutes is amended to read:

AB892-ASA2,8,11 66.066 (1) (a) "Municipality" means any city, village, town, county, commission created by contract under s. 66.30, public inland lake protection and rehabilitation district established under s. 33.23, 33.235 or 33.24, metropolitan sewerage district created under ss. 66.20 to 66.26 or 66.88 to 66.918, town sanitary district under subch. IX of ch. 60, a local professional baseball park district created under subch. III of ch. 229, a local professional football stadium district created under subch. IV of ch. 229 or a municipal water district or power district under ch. 198 and any other public or quasi-public corporation, officer, board or other public body empowered to borrow money and issue obligations to repay the same out of revenues. "Municipality" does not include the state or a local exposition district created under subch. II of ch. 229.

AB892-ASA2, s. 19 Section 19. 66.066 (1) (c) of the statutes is amended to read:

AB892-ASA2,8,20 66.066 (1) (c) "Revenue" means all moneys received from any source by a public utility and all rentals and fees and, in the case of a local professional baseball park district created under subch. III of ch. 229 includes tax revenues deposited into a special fund under s. 229.685 and payments made into a special debt service reserve fund under s. 229.74 and, in the case of a local professional football stadium district created under subch. IV of ch. 229 includes tax revenues deposited into a special fund under s. 229.825 and payments made into a special debt service reserve fund under s. 229.830.

AB892-ASA2, s. 20 Section 20. 66.066 (5) of the statutes is renumbered 66.066 (5) (a).

AB892-ASA2, s. 21 Section 21. 66.066 (5) (b) of the statutes is created to read:

AB892-ASA2,8,25 66.066 (5) (b) Revenue bonds issued by a local professional football stadium district created under subch. IV of ch. 229 are subject to the provisions in ss. 229.829 to 229.834.

AB892-ASA2, s. 22 Section 22. 66.067 of the statutes is amended to read:

AB892-ASA2,9,10 66.067 Public works projects. For financing purposes, garbage incinerators, toll bridges, swimming pools, tennis courts, parks, playgrounds, golf links, bathing beaches, bathhouses, street lighting, city halls, village halls, town halls, courthouses, jails, schools, cooperative educational service agencies, hospitals, homes for the aged or indigent, child care centers, as defined in s. 231.01 (3c), regional projects, waste collection and disposal operations, systems of sewerage, local professional baseball park facilities, local professional football stadium facilities and any and all other necessary public works projects undertaken by any municipality are public utilities within the meaning of s. 66.066.

AB892-ASA2, s. 23 Section 23. 66.30 (1) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB892-ASA2,9,23 66.30 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, family care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district or regional planning commission.

AB892-ASA2, s. 24 Section 24. 71.05 (1) (c) 5. of the statutes is created to read:

AB892-ASA2,10,2 71.05 (1) (c) 5. A local professional football stadium district created under subch. IV of ch. 229.

AB892-ASA2, s. 25 Section 25. 71.26 (1) (bm) of the statutes is amended to read:

AB892-ASA2,10,7 71.26 (1) (bm) Certain local districts. Income of a local exposition district created under subch. II of ch. 229 or, a local professional baseball park district created under subch. III of ch. 229 or a local professional football stadium district created under subch. IV of ch. 229.

AB892-ASA2, s. 26 Section 26. 71.26 (1m) (g) of the statutes is amended to read:

AB892-ASA2,10,10 71.26 (1m) (g) Those issued under s. 66.066 by a local professional baseball park district or a local professional football stadium district.

AB892-ASA2, s. 27 Section 27. 71.36 (1m) of the statutes is amended to read:

AB892-ASA2,11,8 71.36 (1m) A tax-option corporation may deduct from its net income all amounts included in the Wisconsin adjusted gross income of its shareholders, the capital gain deduction under s. 71.05 (6) (b) 9. and all amounts not taxable to nonresident shareholders under ss. 71.04 (1) and (4) to (9) and 71.362. For purposes of this subsection, interest on federal obligations, obligations issued under s. 66.066 by a local professional baseball park district or a local professional football stadium district, obligations issued under ss. 66.40, 66.431 and 66.4325, obligations issued under s. 234.65 to fund an economic development loan to finance construction, renovation or development of property that would be exempt under s. 70.11 (36) and obligations issued under subch. II of ch. 229 is not included in shareholders' income. The proportionate share of the net loss of a tax-option corporation shall be attributed and made available to shareholders on a Wisconsin basis but subject to the limitation and carry-over rules as prescribed by section 1366 (d) of the internal revenue code. Net operating losses of the corporation to the extent attributed or made available to a shareholder may not be used by the corporation for further tax benefit. For purposes of computing the Wisconsin adjusted gross income of shareholders, tax-option items shall be reported by the shareholders and those tax-option items, including capital gains and losses, shall retain the character they would have if attributed to the corporation, including their character as business income. In computing the tax liability of a shareholder, no credit against gross tax that would be available to the tax-option corporation if it were a nontax-option corporation may be claimed.

AB892-ASA2, s. 28 Section 28. 71.45 (1t) (g) of the statutes is amended to read:

AB892-ASA2,11,11 71.45 (1t) (g) Those issued under s. 66.066 by a local professional baseball park district or a local professional football stadium district.

AB892-ASA2, s. 29 Section 29. 77.54 (45) of the statutes is created to read:

AB892-ASA2,11,21 77.54 (45) The gross receipts from the sale of and the use or other consumption of a one-time license or similar right to purchase admission to professional football games at a football stadium, as defined in s. 229.821 (6), that is granted by a municipality; a local professional football stadium district; or a professional football team or related party, as defined in s. 229.821 (12); if the person who buys the license or right is entitled, at the time the license or right is transferred to the person, to purchase admission to at least 3 professional football games in this state during one football season. The exemption under this subsection does not apply to a license or right that is sold after December 31, 2003.

AB892-ASA2, s. 30 Section 30. 77.705 (title) of the statutes is amended to read:

AB892-ASA2,11,23 77.705 (title) Adoption by resolution; baseball park district.

AB892-ASA2, s. 31 Section 31. 77.706 of the statutes is created to read:

AB892-ASA2,12,8 77.706 Adoption by resolution; football stadium district. A local professional football stadium district created under subch. IV of ch. 229, by resolution under s. 229.824 (15), may impose a sales tax and a use tax under this subchapter at a rate of no more than 0.5%, in 0.1% increments, of the gross receipts or sales price. Those taxes may be imposed only in their entirety. The imposition of the taxes under this section shall be effective on the first day of the first month that begins 30 days after the approval of the resolution by the electors in the district's jurisdiction under s. 229.824 (15).

AB892-ASA2, s. 32 Section 32. 77.707 of the statutes is renumbered 77.707 (1).

AB892-ASA2, s. 33 Section 33. 77.707 (2) of the statutes is created to read:

AB892-ASA2,12,17 77.707 (2) Retailers and the department of revenue may not collect a tax under s. 77.706 for any local professional football stadium district created under subch. IV of ch. 229 after the calendar quarter during which the local professional football stadium district board makes a certification to the department of revenue under s. 229.825 (2), except that the department of revenue may collect from retailers taxes that accrued before that calendar quarter and fees, interest and penalties that relate to those taxes.

AB892-ASA2, s. 34 Section 34. 77.71 of the statutes is amended to read:

AB892-ASA2,12,22 77.71 Imposition of county and special district sales and use taxes. Whenever a county sales and use tax ordinance is adopted under s. 77.70 or a special district resolution is adopted under s. 77.705 or 77.706, the following taxes are imposed:

AB892-ASA2,13,5 (1) For the privilege of selling, leasing or renting tangible personal property and for the privilege of selling, performing or furnishing services a sales tax is imposed upon retailers at the rate of 0.5% in the case of a county tax or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the gross receipts from the sale, lease or rental of tangible personal property, except property taxed under sub. (4), sold, leased or rented at retail in the county or special district or from selling, performing or furnishing services described under s. 77.52 (2) in the county or special district.

AB892-ASA2,13,17 (2) An excise tax is imposed at the rate of 0.5% in the case of a county tax or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the sales price upon every person storing, using or otherwise consuming in the county or special district tangible personal property or services if the property or service is subject to the state use tax under s. 77.53, except that a receipt indicating that the tax under sub. (1), (3) or (4) has been paid relieves the buyer of liability for the tax under this subsection and except that if the buyer has paid a similar local tax in another state on a purchase of the same property or services that tax shall be credited against the tax under this subsection and except that for motor vehicles that are used for a purpose in addition to retention, demonstration or display while held for sale in the regular course of business by a dealer the tax under this subsection is imposed not on the sales price but on the amount under s. 77.53 (1m).

AB892-ASA2,14,2 (3) An excise tax is imposed upon a contractor engaged in construction activities within the county or special district, at the rate of 0.5% in the case of a county tax or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the sales price of tangible personal property that is used in constructing, altering, repairing or improving real property and that becomes a component part of real property in that county or special district, unless except that if the contractor has paid the sales tax of a county in the case of a county tax or of a special district in the case of a special district tax in this state on that property, and except that if the buyer or has paid a similar local sales tax in another state on a purchase of the same property, that tax shall be credited against the tax under this subsection.

AB892-ASA2,14,12 (4) An excise tax is imposed at the rate of 0.5% in the case of a county tax or at the rate under s. 77.705 or 77.706 in the case of a special district tax of the sales price upon every person storing, using or otherwise consuming a motor vehicle, boat, snowmobile, mobile home not exceeding 45 feet in length, trailer, semitrailer, all-terrain vehicle or aircraft, if that property must be registered or titled with this state and if that property is to be customarily kept in a county that has in effect an ordinance under s. 77.70 or in a special district that has in effect a resolution under s. 77.705 or 77.706, except that if the buyer has paid a similar local sales tax in another state on a purchase of the same property that tax shall be credited against the tax under this subsection.

AB892-ASA2, s. 35 Section 35. 77.76 (3m) of the statutes is amended to read:

AB892-ASA2,15,15 77.76 (3m) From the appropriation under s. 20.835 (4) (gb) the department, for the first 2 years of collection, shall distribute 97% of the special district taxes reported for each special local professional baseball park district that has imposed taxes under this subchapter, minus the special district portion of the retailers' discounts, to the special local professional baseball park district no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. From the appropriation under s. 20.835 (4) (gb) the department, after the first 2 years of collection, shall distribute 98.5% of the special district taxes reported for each special local professional baseball park district that has imposed taxes under this subchapter, minus the special district portion of the retailers' discount, to the special local professional baseball park district no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. At the time of distribution the department shall indicate the taxes reported by each taxpayer. In this subsection, the "special district portion of the retailers' discount" is the amount determined by multiplying the total retailers' discount by a fraction the numerator of which is the gross special local professional baseball park district sales and use taxes payable and the denominator of which is the sum of the gross state and special local professional baseball park district sales and use taxes payable. The special local professional baseball park district taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments of the special local professional baseball park district taxes previously distributed. Interest paid on refunds of special local professional baseball park district sales and use taxes shall be paid from the appropriation under s. 20.835 (4) (gb) at the rate paid by this state under s. 77.60 (1) (a). Any special local professional baseball park district receiving a report under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5).

AB892-ASA2, s. 36 Section 36. 77.76 (3p) of the statutes is created to read:

AB892-ASA2,16,11 77.76 (3p) From the appropriation under s. 20.835 (4) (ge) the department of revenue shall distribute 98.5% of the taxes reported for each local professional football stadium district that has imposed taxes under this subchapter, minus the district portion of the retailers' discount, to the local professional football stadium district no later than the end of the 3rd month following the end of the calendar quarter in which such amounts were reported. At the time of distribution the department of revenue shall indicate the taxes reported by each taxpayer. In this subsection, the "district portion of the retailers' discount" is the amount determined by multiplying the total retailers' discount by a fraction the numerator of which is the gross local professional football stadium district sales and use taxes payable and the denominator of which is the sum of the gross state and local professional football stadium district sales and use taxes payable. The local professional football stadium district taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments of the local professional football stadium district taxes previously distributed. Interest paid on refunds of local professional football stadium district sales and use taxes shall be paid from the appropriation under s. 20.835 (4) (ge) at the rate paid by this state under s. 77.60 (1) (a). Any local professional football stadium district receiving a report under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5).

AB892-ASA2, s. 37 Section 37. 77.76 (4) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB892-ASA2,16,18 77.76 (4) There shall be retained by the state 1.5% of the taxes collected for taxes imposed by special districts under s. ss. 77.705 and 77.706 and 1.75% of the taxes collected for taxes imposed by counties under s. 77.70 to cover costs incurred by the state in administering, enforcing and collecting the tax. All interest and penalties collected shall be deposited and retained by this state in the general fund.

AB892-ASA2, s. 38 Section 38. 85.62 of the statutes is created to read:

AB892-ASA2,17,2 85.62 Aid to local professional football stadium districts. The department may make aid payments from the appropriation under s. 20.395 (1) (gv) to a local professional football stadium district created under subch. IV of ch. 229 for the development, construction, reconstruction or improvement of bridges, highways, parking lots, garages, transportation facilities or other functionally related or auxiliary facilities or structures associated with a football stadium, as defined in s. 229.821 (6).

AB892-ASA2, s. 38g Section 38g. 103.49 (3) (ar) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 409), is amended to read:

AB892-ASA2,17,10 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.293 or, 103.50 or 229.8275 or 40 USC 276a unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.293 or, 103.50 or 229.8275 or 40 USC 276a.

AB892-ASA2, s. 38j Section 38j. 109.09 (1) of the statutes is amended to read:

AB892-ASA2,18,7 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employes as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employe during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.293, 103.02, 103.49, 103.82 and, 104.12 and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employe to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) for the operation of the office of the district attorney who prosecuted the action.

AB892-ASA2, s. 38m Section 38m. 111.322 (2m) (c) of the statutes is amended to read:

AB892-ASA2,18,11 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.293 or, 103.49 or 229.8275 or testifies or assists in any action or proceeding under s. 66.293 or, 103.49 or 229.8275.

AB892-ASA2, s. 39 Section 39. 219.09 (1) (d) of the statutes is created to read:

AB892-ASA2,18,14 219.09 (1) (d) A local professional football stadium district created under subch. IV of ch. 229.

AB892-ASA2, s. 39r Section 39r. 227.01 (13) (t) of the statutes is amended to read:

AB892-ASA2,18,20 227.01 (13) (t) Ascertains and determines prevailing wage rates and prevailing hours of labor under ss. 66.293, 103.49 and, 103.50 and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates and prevailing hours of labor under ss. 66.293, 103.49 and , 103.50 and 229.8275 is subject to judicial review under s. 227.40.

AB892-ASA2, s. 40 Section 40. Subchapter IV of chapter 229 [precedes 229.820] of the statutes is created to read:

AB892-ASA2,18,23 chapter 229

AB892-ASA2,19,3 Subchapter IV Local Professional Football stadium districts

AB892-ASA2,19,13 229.820 Legislative declaration. (1) The legislature determines that the provision of assistance by state agencies to a district under this subchapter, any appropriation of funds to a district under this subchapter and the moral obligation pledge under s. 229.830 (7) serve a statewide public purpose by assisting the development of professional football stadium 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. 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.

AB892-ASA2,19,17 (2) The legislature determines that a district serves a public purpose in the district's jurisdiction 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.

AB892-ASA2,19,18 229.821 Definitions. In this subchapter:

AB892-ASA2,19,20 (1) "Bond" means any bond, note or other obligation issued under s. 66.066 by a district.

AB892-ASA2,19,24 (2) "Bond resolution" means a resolution of the district board authorizing the issuance of, or providing terms and conditions related to, bonds and includes, where appropriate, any trust agreement, trust indenture, indenture of mortgage or deed of trust providing terms and conditions for bonds.

AB892-ASA2,20,5 (3) "Chief elected official" means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, the town board chair of a town or the county executive of a county or, if the county does not have a county executive, the chairperson of the county board of supervisors.

AB892-ASA2,20,6 (4) "District" means a special purpose district created under this subchapter.

AB892-ASA2,20,7 (5) "District board" means the governing board of a district.

AB892-ASA2,20,12 (6) "Football stadium" means a stadium that is principally used as the home stadium of a professional football team described in s. 229.823 at the time that a district is created, or if no home stadium exists at the time that a district is created, "football stadium" means a stadium that includes the site of a proposed home stadium of such a team.

AB892-ASA2,20,17 (7) "Football stadium facilities" means football stadium property, tangible or intangible, including spectator seating of all types, practice facilities, parking lots and structures, garages, restaurants, parks, concession facilities, entertainment facilities, facilities for the display or sale of memorabilia, transportation facilities, and other functionally related or auxiliary facilities or structures.

AB892-ASA2,20,18 (8) "Home stadium" means a stadium approved as provided in s. 229.823.

AB892-ASA2,20,22 (9) "Members-elect" means those members of the governing body of a municipality or county, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation or removal from office.

AB892-ASA2,20,23 (10) "Municipality" means a city, village or town.