SE5 AB1: Bill Text Engrossed

In connection with baseball park facilities, the powers of a district include the construction, maintenance, management and promotion of the baseball park and facilities; the issuance of bonds and imposition of taxes to finance the park and facilities; and the authority to enter into partnerships, joint ventures, common ownership or other arrangements with other persons to further the district's purposes. A district may also set standards governing the use of, and the conduct within, the park and facilities, and may set and collect fees for the use of the facilities.

The district is governed by a board that consists of 6 persons appointed by the governor, 2 persons appointed by the chief executive officer of the most populous county within the district's jurisdiction, one person appointed by the chief executive officer of each of the other counties in the jurisdiction and one person appointed by the mayor of the most populous city within the jurisdiction. In single-county districts, all county appointments are made by the chief executive officer of that single county.

Once a county in included within the jurisdiction of a district, the county remains in the district until the district is dissolved. A district may dissolve by action of the district board, subject to payment of the district's bonds and fulfillment of its other contractual obligations. If a district is dissolved, its property must be transferred to the counties in the district's jurisdiction, based on the tax revenues derived from each county.

Bonding

This bill grants a district the power to issue bonds for purchasing, acquiring, leasing, constructing, extending, adding to, improving, conducting, controlling, operating or managing a public utility, which is defined to include a local professional baseball park. The district is generally subject to the provisions which govern revenue bonding of municipalities for public utilities. Under the bill, bonds issued by the district must be secured only by the district's interest in any baseball park facilities, including any interest in a lease with the department of administration, by income from these facilities, and by certain specified taxes that the district is authorized to levy. The district may not pledge its full faith and credit on the bonds and the bonds are not a liability of the district.

A district may designate one or more accounts as special debt service reserve funds, if, prior to each issuance of bonds to be secured by the special debt service reserve fund, the secretary of administration makes certain determinations. In order to create a special debt service reserve fund, the secretary must find that the bond proceeds must be used in connection with a baseball park facility that is used primarily to support the activities of a baseball park. The secretary must also find that there is a reasonable likelihood that the bonds will be repaid without the necessity of drawing on funds in the special debt service reserve fund and that the amount of all bonds that would be secured by all special debt service reserve funds of the district does not exceed $160,000,000. This limit does not include refunding bonds or bonds whose proceeds are used to make a deposit into a special debt service reserve fund or to pay issuance costs or capitalized interest costs. The secretary must also find that the bonds, other than refunding bonds, will be issued no later than December 31, 2000.

The bill establishes a formula for calculating the special debt service reserve fund requirement for a special debt service reserve fund. If the special debt service reserve fund requirement for a special debt service reserve fund is not met, the bill expresses the legislature's expectation and aspiration that, if certain conditions are met, the legislature would appropriate to the district the funds necessary to restore the special debt service reserve fund to an amount equal to its special debt service reserve fund requirement. This expression of legislative expectation and aspiration has been referred to as a state moral obligation pledge. In addition to the state moral obligation pledge, under the bill the state pledges that it will not limit or alter the rights vested in a district under the bill before the district has fully performed its contracts and has fully met and discharged its bonds.

In addition to provisions regarding bond issuance and security, the bill contains a number of other provisions relating to bonds issued by a district. The bill also contains provisions authorizing certain state funds and certain regulated financial institutions to invest in bonds issued by the district. The bill provides that all moneys received by a district, including proceeds from the sale of bonds, are trust funds to be held and applied solely for the purposes provided in the bill, but limits the personal liability of members of a district's board of directors with respect to the issuance of bonds.

Under current law, the Wisconsin Housing and Economic Development Authority (WHEDA) may issue bonds and notes for certain economic development projects involving sports and entertainment home stadiums in an amount not to exceed $35,000,000 plus such additional amounts as WHEDA considers necessary or appropriate to fund a deposit into the capital reserve fund. The bill increases this amount to $50,000,000 and also allows WHEDA to add, along with the capital reserve fund deposits, the costs of issuing the bonds or notes and capitalized interest.

Under current law, these economic development projects are included in determining compliance with an overall $200,000,000 cap on WHEDA economic development loans. This bill amends this overall cap to exclude bonds issued for these economic development projects involving sports and entertainment home stadiums.

The bill however, prohibits WHEDA from issuing bonds to finance any single professional baseball park in an amount exceeding $50,000,000, excluding bonds issued to fund a deposit into a capital reserve fund, to pay costs of issuing the bonds or to pay capitalized interest. In addition, the bill prohibits WHEDA from making an economic development project loan to any professional baseball team unless WHEDA determines that collateral adequate to cover the amount of the loan has been pledged as security for the loan, exclusive of any ownership interest of the team in a stadium.

Taxation

The bill authorizes a district to impose a sales tax and a use tax at a rate of no more than 0.1%.

The bill exempts the income of a district from the income tax and the franchise tax, and it exempts the interest on a district's bonds from the income tax.

Provision of services

The bill permits DOA to provide any services to a district, including engineering, design and building construction services, upon request of the district, for compensation agreed upon between DOA and the district, if the district has entered into an agreement with DOA for the lease of land or other property granted to the state, especially dedicated by the grant to use for a professional baseball park. Other state agencies may provide assistance to the district, if a lease with DOA has been entered into.

Contracting

The bill provides that a local professional baseball park district may enter into contracts without limitation or restriction and, if the district has entered into an agreement with DOA for the lease of land or other property granted to the state, especially dedicated by the grant to use for a professional baseball park, the district may utilize the services of DOA to let contracts for engineering, architectural or construction work, except that DOA may not serve as a general contractor for such work. Whether the district contracts independently or through DOA, the district is not subject to any state requirements for public notice of proposed contracts, competitive bidding, contractual service procurement procedures, preference for procurements from Wisconsin firms, preferences for purchases of American-made or recycled or recovered materials or preferences for purchases from the department of corrections or from handicapped work centers or nondiscrimination in contracting.

Regarding the construction of baseball park facilities, a district and DOA are required to ensure that, for construction work and professional services contracts, a person who receives such a contract agrees that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women. It is also a goal of the district and DOA to ensure that at least 25% of the aggregate dollar value of contracts awarded by the district and DOA, in the areas of construction of baseball park facilities, professional services related to such construction and services for the development of baseball park facilities are awarded to minority businesses and at least 5% of the aggregate dollar value of such contracts are awarded to women's businesses. The district is also required to hire a person to monitor the district's and DOA's compliance with minority contracting goals.

Finances

The bill permits a local professional baseball park district to invest its moneys in any investment it considers appropriate. Under the bill, a district is permitted to invest its moneys in the local government pooled-investment fund, which is managed by the state investment board.

Open meetings and records, audits, ethics

Laws requiring, with certain exceptions, open meetings of governmental bodies and public access to public records apply to a district. The legislative audit bureau is permitted to audit the records of a district. Members of the board of directors of a district are subject to the statutory code of ethics for local public officials. The bill also creates additional standards of conduct applicable to district board members that are similar to the standards of conduct applicable to state public officials. The bill expressly prohibits district board members from accepting free or discounted admission to professional baseball games.

Other

Current law provides that, if a tenant who is required to construct improvements exceeding $50,000 at the tenant's own expense on land leased to the tenant under a lease with a term of 30 years or more defaults or breaches a condition of the lease, the landlord may commence an action to recover the property after a one-year redemption period free from all liens, claims or demands of the tenant in the same manner as a mortgage foreclosure except without a sale of the property. The bill creates an exception under that statute for leases to which a district is a party.

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1-engrossed, s. 1 Section 1. 13.94 (4) (a) 1. of the statutes is amended to read:

AB1-engrossed,6,13 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically a professional baseball park district; every provider of medical assistance under ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

AB1-engrossed, s. 2 Section 2. 13.94 (10) of the statutes is created to read:

AB1-engrossed,6,20 13.94 (10) Financial status of local professional baseball park districts. As promptly as possible following the end of each state fiscal biennium in which there are outstanding bonds or notes issued by a local professional baseball park district created under subch. III of ch. 229 that are subject to s. 229.74 (7), the legislative audit bureau shall submit a report to the cochairpersons of the joint committee on finance concerning the financial status of that district.

AB1-engrossed, s. 3 Section 3. 16.70 (14) of the statutes is amended to read:

AB1-engrossed,7,2 16.70 (14) "State" does not include a district created under subch. II or III of ch. 229.

AB1-engrossed, s. 4 Section 4. 16.82 (6) of the statutes is created to read:

AB1-engrossed,7,10 16.82 (6) May provide any services to a local professional baseball park district created under subch. III of ch. 229, for compensation to be agreed upon between the department and the district, if the district has entered into a lease agreement with the department under sub. (7), except that the department shall not act as a general contractor for any construction work undertaken by the district. No order or contract to provide any such services is subject to s. 16.705, 16.75 (1) to (5) and (8) to (10), 16.752, 16.754 or 16.765.

AB1-engrossed, s. 5 Section 5. 16.82 (7) of the statutes is created to read:

AB1-engrossed,7,16 16.82 (7) May enter into a lease agreement with a local professional baseball park district created under subch. III of ch. 229 for the lease of land or other property granted to the state and especially dedicated by the grant to use for a professional baseball park. The lease agreement may be for such rental payments and for such term as the secretary determines.

AB1-engrossed, s. 6 Section 6. 16.854 of the statutes is created to read:

AB1-engrossed,7,19 16.854 Services provided to professional baseball park districts. (1) In this section:

AB1-engrossed,7,20 (a) "Minority business" has the meaning given in s. 560.036 (1) (e).

AB1-engrossed,7,21 (b) "Minority group member" has the meaning given in s. 560.036 (1) (f).

AB1-engrossed,7,24 (c) "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.

AB1-engrossed,9,2 (2) Subject to the requirements of s. 16.82 (7), the department may, upon request of any local professional baseball park district, if the district has entered into a lease agreement with the department under s. 16.82 (7), take charge of and supervise engineering or architectural services or construction work, as defined in s. 16.87, performed by, or for, the district for compensation to be agreed upon between the department and the district. In connection with such services or work, the department may furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by the district. If the district has entered into a lease agreement with the department under s. 16.82 (7), the department may also assist the district, upon request of the district, in letting contracts for engineering, architectural or construction work authorized by law and in supervising the work done thereunder. The department 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 the qualifications and past performance of a contractor. In awarding contracts under this section for the construction of baseball park facilities, as defined in s. 229.65 (1), the department shall ensure that any person who is awarded a contract agrees, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women. It shall also be a goal of the department to ensure that at least 25% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to women's businesses:

AB1-engrossed,9,3 (a) Contracts for the construction of baseball park facilities.

AB1-engrossed,9,5 (b) Contracts for professional services related to the construction of baseball park facilities.

AB1-engrossed,9,6 (c) Contracts for the development of baseball park facilities.

AB1-engrossed,9,11 (3) It shall be a goal of the department, with regard to each of the contracts described under sub. (2) (a), (b) and (c), to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses. Sections 16.85, 16.855 and 16.87 do not apply to services provided or contracted by the department under this section.

AB1-engrossed, s. 7 Section 7. 18.03 (5s) of the statutes is created to read:

AB1-engrossed,9,15 18.03 (5s) Upon the request of a local professional baseball park district created under subch. III of ch. 229, the commission may serve as financial consultant to assist and coordinate the issuance of the bonds of a district.

AB1-engrossed, s. 8 Section 8. 19.42 (13) (a) of the statutes is amended to read:

AB1-engrossed,9,20 19.42 (13) (a) All positions to which individuals are regularly appointed by the governor, except the position of trustee of any private higher educational institution receiving state appropriations and the position of member of the district board of a local professional baseball park district created under subch. III of ch. 229.

AB1-engrossed, s. 9 Section 9. 19.59 (1) (a) of the statutes is amended to read:

AB1-engrossed,9,25 19.59 (1) (a) No local public official may use his or her public position or office to obtain financial gain or anything of substantial value for the private benefit of himself or herself or his or her immediate family, or for an organization with which he or she is associated. A violation of this paragraph includes the acceptance of free or discounted admissions to a professional baseball game by a member of the district board of a local professional baseball park district created under subch. III of ch. 229. This paragraph does not prohibit a local public official from using the title or prestige of his or her office to obtain campaign contributions that are permitted and reported as required by ch. 11.

AB1-engrossed, s. 10 Section 10. 19.59 (1) (g) of the statutes is created to read:

AB1-engrossed,10,7 19.59 (1) (g) 1. In this paragraph:

AB1-engrossed,10,9 a. "District" means a local professional baseball park district created under subch. III of ch. 229.

AB1-engrossed,10,10 b. "District board member" means a member of the district board of a district.

AB1-engrossed,10,13 2. No district board member may accept or retain any transportation, lodging, meals, food or beverage, or reimbursement therefor, except in accordance with this paragraph.

AB1-engrossed,10,18 3. A district board member may receive and retain reimbursement or payment of actual and reasonable expenses for a published work or for the presentation of a talk or participation in a meeting related to processes, proposals and issues affecting a district if the payment or reimbursement is paid or arranged by the organizer of the event or the publisher of the work.

AB1-engrossed,10,25 4. A district board member may receive and retain anything of value if the activity or occasion for which it is given is unrelated to the member's use of the time, facilities, services or supplies of the district not generally available to all residents of the district and the member can show by clear and convincing evidence that the payment or reimbursement was unrelated to and did not arise from the recipient's holding or having held a public office and was paid for a purpose unrelated to the purposes specified in subd. (3).

AB1-engrossed,11,6 5. A district board member may receive and retain from the district or on behalf of the district transportation, lodging, meals, food or beverage, or reimbursement therefor or payment or reimbursement of actual and reasonable costs that the member can show by clear and convincing evidence were incurred or received on behalf of the district and primarily for the benefit of the district and not primarily for the private benefit of the member or any other person.

AB1-engrossed,11,11 6. No district board member may intentionally use or disclose information gained in the course of or by reason of his or her official position or activities in any way that could result in the receipt of anything of value for himself or herself, for his or her immediate family, or for any other person, if the information has not been communicated to the public or is not public information.

AB1-engrossed,11,14 7. No district board member may use or attempt to use the position held by the member to influence or gain unlawful benefits, advantages or privileges personally or for others.

AB1-engrossed,12,2 8. No district board member, member of a district board member's immediate family, nor any organization with which the district board member or a member of the district board member's immediate family owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness may enter into any contract or lease involving a payment or payments of more than $3,000 within a 12-month period, in whole or in part derived from district funds unless the district board member has first made written disclosure of the nature and extent of such relationship or interest to the ethics board and to the district. Any contract or lease entered into in violation of this subdivision may be voided by the district in an action commenced within 3 years of the date on which the ethics board, or the district, knew or should have known that a violation of this subdivision had occurred. This subdivision does not affect the application of s. 946.13.

AB1-engrossed,12,8 9. No former district board member, for 12 months following the date on which he or she ceases to be a district board member, may, for compensation, on behalf of any person other than a governmental entity, make any formal or informal appearance before, or negotiate with, any officer or employe of the district with which he or she was associated as a district board member within 12 months prior to the date on which he or she ceased to be a district board member.

AB1-engrossed,12,17 10. No former district board member, for 12 months following the date on which he or she ceases to be a district board member, may, for compensation, on behalf of any person other than a governmental entity, make any formal or informal appearance before, or negotiate with, any officer or employe of a district with which he or she was associated as a district board member in connection with any judicial or quasi-judicial proceeding, application, contract, claim, or charge which might give rise to a judicial or quasi-judicial proceeding which was under the former member's responsibility as a district board member within 12 months prior to the date on which he or she ceased to be a member.

AB1-engrossed,12,23 11. No former district board member may, for compensation, act on behalf of any party other than the district with which he or she was associated as a district board member in connection with any judicial or quasi-judicial proceeding, application, contract, claim, or charge which might give rise to a judicial or quasi-judicial proceeding in which the former member participated personally and substantially as a district board member.

AB1-engrossed, s. 11 Section 11. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB1-engrossed, s. 12 Section 12. 20.505 (1) (ka) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-engrossed,13,12 20.505 (1) (ka) (title) Materials and services to state agencies and certain districts. The amounts in the schedule to provide services primarily to state agencies or local professional baseball park districts created under subch. III of ch. 229, other than services specified in pars. (im), (is) and (kb) to (kr) and subs. (2) (k) and (5) (ka), and to repurchase inventory items sold primarily to state agencies or such districts. All moneys received from the provision of services primarily to state agencies and such districts and from the sale of inventory items primarily to state agencies and such districts, other than moneys received and disbursed under pars. (im), (is) and (kb) to (kr) and subs. (2) (k) and (5) (ka), shall be credited to this appropriation account.

AB1-engrossed, s. 13 Section 13. 20.505 (1) (kc) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-engrossed,14,2 20.505 (1) (kc) Capital planning and building construction services. The amounts in the schedule to provide capital planning services under s. 13.48 (5) and building construction services under subch. V of ch. 16 on behalf of state agencies and local professional baseball park districts created under subch. III of ch. 229. The secretary of administration may credit moneys received for the provision of building construction and capital planning services on behalf of state agencies and such districts to this appropriation account.

AB1-engrossed, s. 14 Section 14. 20.566 (1) (gd) of the statutes is created to read:

AB1-engrossed,14,7 20.566 (1) (gd) Administration of special district taxes. From the moneys received from the appropriation account under s. 20.835 (4) (gb), the amounts in the schedule for the purpose of administering the special district taxes imposed under s. 77.705 by a district created under subch. III of ch. 229.

AB1-engrossed, s. 15 Section 15. 20.835 (4) (g) of the statutes is amended to read:

AB1-engrossed,14,14 20.835 (4) (g) County taxes. All moneys received from the taxes imposed under subch. V of ch. 77 s. 77.70 for distribution to the counties that enact an ordinance imposing taxes under that subchapter section and for interest payments on refunds under s. 77.76 (3), except that 1.5% of those tax revenues collected under that subchapter section shall be credited to the appropriation account under s. 20.566 (1) (g).

AB1-engrossed, s. 16 Section 16. 20.835 (4) (gb) of the statutes is created to read:

AB1-engrossed,14,21 20.835 (4) (gb) Special district taxes. All moneys received from the taxes imposed under s. 77.705, 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 baseball park district, except that of those tax revenues collected under subch. V of ch. 77 3% for the first 2 years of collection and 1.5% thereafter shall be credited to the appropriation account under s. 20.566 (1) (gd).

AB1-engrossed, s. 17 Section 17. 24.61 (2) (a) 7. of the statutes is created to read:

AB1-engrossed,14,24 24.61 (2) (a) 7. Bonds issued by a local professional baseball park district created under subch. III of ch. 229.

AB1-engrossed, s. 18 Section 18. 25.17 (3) (b) 10. of the statutes is created to read:

AB1-engrossed,15,2 25.17 (3) (b) 10. Bonds issued by a local professional baseball park district created under subch. III of ch. 229.

AB1-engrossed, s. 19 Section 19. 25.50 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1-engrossed,15,12 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, 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.

AB1-engrossed, s. 20 Section 20. 66.04 (2) (a) 3p. of the statutes is created to read:

AB1-engrossed,15,15 66.04 (2) (a) 3p. Bonds issued by a local professional baseball park district created under subch. III of ch. 229.

AB1-engrossed, s. 21 Section 21. 66.066 (1) (a) of the statutes is amended to read:

AB1-engrossed,16,2 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 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.