SB209: Bill Text

SB209,31 Section 31. 66.0615 (1m) (f) 4. of the statutes is repealed.

SB209,32 Section 32. 66.1105 (2) (f) 1. (intro.) of the statutes is amended to read:

SB209,12,2 66.1105 (2) (f) 1. (intro.) "Project costs" mean any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city which are listed in a project plan as costs of public works or improvements within a tax incremental district or, to the extent provided in this subd. 1. (intro.) or subds. 1. k., 1. m., and 1. n., without the district, plus any incidental costs, diminished by any income, special assessments, or other revenues, including user fees or charges, other than tax increments, received or reasonably expected to be received by the city in connection with the implementation of the plan. For any tax incremental district for which a project plan is approved on or after July 31, 1981, only a proportionate share of the costs permitted under this subdivision may be included as project costs to the extent that they benefit the tax incremental district, except that expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by a 1st class city, to fund parking facilities ancillary to and within one mile from public entertainment facilities, including a sports and entertainment arena, shall be considered to benefit any tax incremental district located in whole or in part within a one-mile radius of such parking facilities. To the extent the costs benefit the municipality outside the tax incremental district, a proportionate share of the cost is not a project cost. "Project costs" include:

SB209,33 Section 33. 66.1105 (2) (f) 1. p. of the statutes is created to read:

SB209,12,8 66.1105 (2) (f) 1. p. Notwithstanding subd. 2. a., a grant, loan, or appropriation of funds to assist a local exposition district created under subch. II of ch. 229 in the development and construction of sports and entertainment arena facilities, as defined in s. 229.41 (11g), provided that the city and the local exposition district enter into a development agreement.

SB209,34 Section 34. 66.1105 (2) (f) 2. (intro.) of the statutes is amended to read:

SB209,12,12 66.1105 (2) (f) 2. (intro.) Notwithstanding subd. 1., except subd. 1. p., none of the following may be included as project costs for any tax incremental district for which a project plan is approved on or after July 31, 1981:

SB209,35 Section 35. 66.1105 (9) (a) 10. of the statutes is created to read:

SB209,12,16 66.1105 (9) (a) 10. With regard to a tax incremental district created by a 1st class city, payment out of the proceeds of revenue bonds issued by a redevelopment authority acting in concert with the city pursuant to a contract under s. 66.0301.

SB209,36 Section 36. 66.1105 (17) (d) of the statutes is created to read:

SB209,12,21 66.1105 (17) (d) First class city exception. If a 1st class city creates a tax incremental district and approves a project plan after July 1, 2015, with project costs that include those described under sub. (2) (f) 1. p., the 12 percent limit specified in sub. (4) (gm) 4. c. does not apply to that district.

SB209,37 Section 37. 70.11 (37) of the statutes is amended to read:

SB209,13,4 70.11 (37) Local exposition district. The property of a local exposition district under subch. II of ch. 229, including sports and entertainment arena facilities, as defined in s. 229.41 (11g), except that any portion of the sports and entertainment arena facilities that is used, leased, or subleased for use as a restaurant or for any use licensed under ch. 125, and is regularly open to the general public at times when the sports and entertainment arena, as defined in s. 229.41 (11e), is closed to the public, is not exempt under this subsection.

SB209,38 Section 38. 71.05 (1) (c) 6p. of the statutes is created to read:

SB209,13,7 71.05 (1) (c) 6p. A sponsoring municipality borrowing to assist a local exposition district created under subch. II of ch. 229.

SB209,39 Section 39. 71.26 (1m) (n) of the statutes is created to read:

SB209,13,10 71.26 (1m) (n) Those issued by a sponsoring municipality to assist a local exposition district created under subch. II of ch. 229.

SB209,40 Section 40. 71.93 (8) (b) 1. of the statutes is amended to read:

SB209,13,25 71.93 (8) (b) 1. Except as provided in subd. 2., a state agency and the department of revenue shall enter into a written agreement to have the department collect any amount owed to the state agency that is more than 90 days past due, unless negotiations between the agency and debtor are actively ongoing, the debt is the subject of legal action or administrative proceedings, or the agency determines that the debtor is adhering to an acceptable payment arrangement. At least 30 days before the department pursues the collection of any debt referred by a state agency, either the department or the agency shall provide the debtor with a written notice that the debt will be referred to the department for collection. The department may collect amounts owed, pursuant to the written agreement, from the debtor in addition to offsetting the amounts as provided under sub. (3). The department shall charge each debtor whose debt is subject to collection under this paragraph an amount for administrative expenses and par. (c) a collection fee and that amount shall be credited to the appropriation under s. 20.566 (1) (h).

SB209,41 Section 41. 71.93 (8) (c) of the statutes is created to read:

SB209,14,5 71.93 (8) (c) 1. The department shall credit to the appropriation account under s. 20.835 (6) (g) the debts collected for a county having a population of 750,000 or more and containing a 1st class city and that certifies debt under s. 59.40 (4), 59.52 (28), or 59.67 (2).

SB209,14,9 2. The amount the department pays to a county under subd. 1. in each fiscal year shall equal the debts collected and credited to the appropriation account under s. 20.835 (6) (g) in that fiscal year, less $4,000,000 and any other amount specified in the agreement under subd. 3.

SB209,14,14 3. The department and a county shall enter into an agreement to determine the amount of debts collected in a fiscal year that are not paid to the county, but that may be reserved in the appropriation account under s. 20.835 (6) (g) for future payment to the county, and to lapse to the general fund for the purpose of making payments from the appropriation account under s. 20.855 (4) (cr).

SB209,42 Section 42. 71.93 (8) (c) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

SB209,14,20 71.93 (8) (c) The department shall credit to the appropriation account under s. 20.835 (6) (g) the debts collected for a county having a population of 750,000 or more and containing a 1st class city and that certifies debt under s. 59.40 (4), 59.52 (28), or 59.67 (2).

SB209,43 Section 43. 74.07 of the statutes is amended to read:

SB209,15,4 74.07 Treasurers responsible for collection. The taxation district treasurer and the county treasurer shall collect the general property taxes, special assessments, special taxes and special charges shown in the tax roll. Except as required under s. 59.67 (2), if authorized by the county board, the county treasurer may contract with a debt collector, as defined in s. 427.103 (3), or enter into an agreement with the department of revenue under s. 71.93 (8) for the collection of debt. Any contract entered into with a debt collector shall provide that the debt collector shall be paid from the proceeds recovered by the debt collector.

SB209,44 Section 44. 77.22 (1) of the statutes is amended to read:

SB209,15,24 77.22 (1) There is imposed on the grantor of real estate a real estate transfer fee at the rate of 30 cents for each $100 of value or fraction thereof on every conveyance not exempted or excluded under this subchapter. In regard to land contracts the value is the total principal amount that the buyer agrees to pay the seller for the real estate. This fee shall be collected by the register at the time the instrument of conveyance is submitted for recording. Except as provided in s. 77.255, at the time of submission the grantee or his or her duly authorized agent or other person acquiring an ownership interest under the instrument, or the clerk of court judgment creditor in the case of a foreclosure under s. 846.16 (1), shall execute a return, signed by both grantor and grantee, on the form prescribed under sub. (2). The register shall enter the fee paid on the face of the deed or other instrument of conveyance before recording, and, except as provided in s. 77.255, submission of a completed real estate transfer return and collection by the register of the fee shall be prerequisites to acceptance of the conveyance for recording. The register shall have no duty to determine either the correct value of the real estate transferred or the validity of any exemption or exclusion claimed. If the transfer is not subject to a fee as provided in this subchapter, the reason for exemption shall be stated on the face of the conveyance to be recorded by reference to the proper subsection under s. 77.25.

SB209,45 Section 45. 77.54 (62) of the statutes is created to read:

SB209,16,4 77.54 (62) The sale of and the storage, use, or other consumption of tangible personal property and taxable services used to develop and construct sports and entertainment arena facilities, as defined in s. 229.41 (11g), but not after the secretary of administration issues the certification under s. 229.42 (4e) (d).

SB209,46 Section 46. 77.983 of the statutes is repealed.

SB209,47 Section 47. 77.992 of the statutes is repealed.

SB209,48 Section 48. 79.035 (5) of the statutes is amended to read:

SB209,16,11 79.035 (5) For Except as provided in sub. (6), for the distribution in 2013 and subsequent years, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2012.

SB209,49 Section 49. 79.035 (6) of the statutes is created to read:

SB209,16,21 79.035 (6) (a) If in any year a county having a population of 750,000 or more and containing a 1st class city does not certify its debts under s. 59.67 (2) to the fullest extent possible, as determined by the secretary of revenue, for collection under s. 71.93 (8), or the department of revenue collects less than $4,000,000 of the debts certified under s. 59.67 (2) for that county, the department of administration shall reduce the county's payment under this section for that year by the amount of the county's debt that is not certified under s. 59.67 (2), as determined by the secretary of revenue, or by the amount of the shortfall, but the reduction amount for any such county may not exceed $4,000,000 in any year.

SB209,16,25 (b) The official responsible for preparing the budget for a county that is subject to a reduction under par. (a) and the final budget approved by the county shall proportionately reduce funding to each county department, division, or office that caused the reduction under par. (a) as determined by the secretary of revenue.

SB209,50 Section 50. 229.26 (4) of the statutes is amended to read:

SB209,17,5 229.26 (4) Title to all property real or personal of the convention institution shall be in the name of such city and shall, except as provided in s. 229.47 (1), be held by such city for such purposes, but the board shall determine the use to which such property shall be devoted as provided for in this section.

SB209,51 Section 51. 229.26 (4m) of the statutes is amended to read:

SB209,17,12 229.26 (4m) A common council that creates a convention institution under this section may dissolve the convention institution and the convention institution's board and transfer all of the assets and liabilities owned or administered by the convention institution if the common council enters into a transfer agreement under s. 229.47 (1) with a district that has jurisdiction over the territory in which the convention institution is located.

SB209,52 Section 52. 229.26 (10) of the statutes is amended to read:

SB209,17,25 229.26 (10) If the employees who perform services for the board are included within one or more collective bargaining units under subch. IV of ch. 111 that do not include other employees of the sponsoring municipality, and a collective bargaining agreement exists between the sponsoring municipality and the representative of those employees in any such unit, and if the common council enters into a transfer agreement under s. 229.47 (1), the board shall transfer its functions under that collective bargaining agreement to a local exposition district under subch. II in accordance with the transfer agreement. Upon the effective date of the transfer, the local exposition district shall carry out the functions of the employer under that agreement. Notwithstanding s. 111.70 (4) (d), during the term of any such collective bargaining agreement that is in effect at the time of the transfer, the existing collective bargaining unit to which the agreement applies shall not be altered.

SB209,53 Section 53. 229.40 of the statutes is created to read:

SB209,18,10 229.40 Legislative declaration. (1) The legislature finds and determines that the provision of assistance by state agencies, in conjunction with local units of government, to a district under this subchapter and any expenditure of funds to assist a district under this subchapter serve a statewide public purpose by assisting the development and construction of sports and entertainment arena facilities in the state for providing recreation, by encouraging economic development and tourism, by reducing unemployment, by preserving business activities within the state, and by bringing needed capital into the state for the benefit and welfare of people throughout the state.

SB209,18,16 (2) The legislature finds and determines that a district serves a public purpose in the district's jurisdiction to the local units of government in which it is located by providing recreation, by encouraging economic development and tourism, by reducing unemployment, by preserving business activities within the district's jurisdiction, and by bringing needed capital into the district's jurisdiction for the benefit and welfare of people in the district's jurisdiction.

SB209,54 Section 54. 229.41 (9e) of the statutes is created to read:

SB209,18,22 229.41 (9e) "Professional basketball team" means a team that is a member of a league of professional basketball teams that have home arenas 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 year in which a district is created.

SB209,55 Section 55. 229.41 (11e) of the statutes is created to read:

SB209,19,3 229.41 (11e) "Sports and entertainment arena" means the arena structure and the land necessary for its location that is used as the home arena of a professional basketball team and for other sports, recreation, and entertainment activities.

SB209,56 Section 56. 229.41 (11g) of the statutes is created to read:

SB209,19,18 229.41 (11g) "Sports and entertainment arena facilities" means the sports and entertainment arena, land and structures, including all fixtures, equipment, and tangible personal property used primarily to support the operation of the sports and entertainment arena or are functionally related to the sports and entertainment arena, located within 9 acres of contiguous land and with boundaries determined by the board of directors. The facilities include the land and may include offices of the professional basketball team or its affiliate, parking spaces and garages, storage or loading facilities, access ways, sidewalks, skywalks, plazas, transportation facilities, and sports team stores located on the land. In addition to the 9 acres of contiguous land and structures located on the land, "sports and entertainment arena facilities" also includes land adjacent to the sports and entertainment arena and a parking structure, owned by the sponsoring municipality, to be constructed on the land by a professional basketball team or its affiliate in conjunction with the construction of the sports and entertainment arena.

SB209,57 Section 57. 229.41 (12) of the statutes is amended to read:

SB209,20,2 229.41 (12) "Transfer agreement" means the contract between a district and a sponsoring municipality under s. 229.47 (1), or a contract between a district and the Bradley Center Sports and Entertainment Corporation under s. 229.47 (2), that provides the terms and conditions upon which the ownership and operation of an exposition center and exposition center facilities are or ownership of the Bradley Center or any part of the center, including real property, is transferred from a sponsoring municipality or the Bradley Center Sports and Entertainment Corporation to the district.

SB209,58 Section 58. 229.42 (4) (intro.) of the statutes is amended to read:

SB209,20,6 229.42 (4) (intro.) If Subject to sub. (4e), if the sole sponsoring municipality is a 1st class city, the board of directors shall consist of 15 members, who shall be qualified and appointed, subject to sub. (7) (b), as follows:

SB209,59 Section 59. 229.42 (4) (d) of the statutes is amended to read:

SB209,20,22 229.42 (4) (d) Three members, 2 of whom shall be primarily employees or officers of a private sector entity, shall be appointed by the county executive of the most populous county in which the sponsoring municipality is located and the 2 private sector entity members shall reside in the county but may not reside in the sponsoring municipality. The 3rd member shall be the chief executive officer of a municipality that contributes a minimum of five-fourteenths of its room tax to an entity which promotes tourism and conventions within the jurisdiction of the district, as that term is used in s. 229.43, except that if no municipality makes this minimum contribution the 3rd member shall be a resident of the district. The room tax contribution shall be at least $150,000 each year. The chief executive officer appointed under this paragraph shall serve a term that expires 2 years after his or her appointment, or shall serve until the expiration of his or her term of elective office, whichever occurs first. This paragraph does not apply, and no appointments may be made under this paragraph, after the secretary of administration issues the certification described in sub. (4e) (d).

SB209,60 Section 60. 229.42 (4) (e) of the statutes is amended to read:

SB209,21,14 229.42 (4) (e) Four members, one of whom shall be the secretary of administration, or the secretary's designee, and 3 of whom shall be primarily employees or officers of a private sector entity, who shall be appointed by the governor. Of the 3 members who are officers or employees of a private sector entity, at least one of the appointees shall own, operate or manage an enterprise that is located within the district's jurisdiction and that has significant involvement with the food and beverage industry and at least one of the appointees shall own, operate or manage an enterprise that is located within the district's jurisdiction and that has significant involvement with the lodging industry. At least 2 of the appointees under this paragraph shall reside in the district's jurisdiction but may not reside in the sponsoring municipality. Upon the secretary of administration issuing the certification described in sub. (4e) (d), the secretary may continue to serve on the board of directors or may select a designee to serve in his or her place, and the 3 members previously appointed by the governor under this paragraph shall be appointed by the county executive of the most populous county in which the sponsoring municipality is located, subject to the other provisions of this paragraph.

SB209,61 Section 61. 229.42 (4) (f) of the statutes is amended to read:

SB209,21,20 229.42 (4) (f) Two members, each of whom shall be a cochairperson of the joint committee on finance one of whom shall be the speaker of the assembly, or his or her designee, and one of whom shall be the senate majority leader, or his or her designee, if the designee is a member of the same house of the legislature as the cochairperson speaker or majority leader who makes the designation.

SB209,62 Section 62. 229.42 (4) (g) of the statutes is created to read:

SB209,21,23 229.42 (4) (g) Upon the secretary of administration issuing the certification described in sub. (4e) (d):

SB209,22,6 1. One member who shall be appointed by the county executive of the most populous county in which the sponsoring municipality is located and who shall be either primarily an employee or officer of a private sector entity. The appointee shall own, operate, or manage an enterprise that is located within the district's jurisdiction and that has either significant involvement with the food and beverage industry or significant involvement with the lodging industry. The appointee under this subdivision shall reside in the district's jurisdiction but may not reside in the sponsoring municipality.

SB209,22,16 2. One member who shall be appointed by the county executive of the most populous county in which the sponsoring municipality is located and who is the chief executive officer, or his or her designee, of a municipality that contributes a minimum of five-fourteenths of its room tax to an entity that promotes tourism and conventions within the jurisdiction of the district, as that term is used in s. 229.43. If no municipality makes this minimum contribution, the county executive shall appoint an additional member who shall be a resident of the district. The room tax contribution shall be at least $150,000 each year. The chief executive officer described under this subdivision shall serve a term that is concurrent with his or her term of elective office.

SB209,63 Section 63. 229.42 (4) (h) of the statutes is created to read:

SB209,22,22 229.42 (4) (h) Upon the secretary of administration issuing the certification described in sub. (4e) (d), one member shall be the comptroller of the most populous county in which the sponsoring municipality is located, except that if that county does not have a comptroller, one member shall be the chief financial officer of the most populous county in which the sponsoring municipality is located.

SB209,64 Section 64. 229.42 (4e) of the statutes is created to read:

SB209,23,4 229.42 (4e) (a) With regard to a district that exists on the effective date of this paragraph .... [LRB inserts date], notwithstanding the provisions of subs. (4) (a) to (f) and (7) (b), the terms of office of all members of the board of directors shall expire on the effective date of this paragraph .... [LRB inserts date], except that the secretary of administration shall continue as a board member and he or she shall become chairperson of the board of directors, notwithstanding sub. (8).

SB209,23,11 (b) Not later than 30 days after the effective date of this paragraph .... [LRB inserts date], each appointing authority under sub. (4) (a) to (e) shall appoint and certify new members of the board of directors as provided in sub. (4) and s. 229.435, except that the secretary of administration who continues in office as provided in par. (a) need not be reappointed under sub. (4) (e). The members described in sub. (4) (c) and (f) shall become members of the board of directors on the effective date of this paragraph .... [LRB inserts date].

SB209,23,13 (c) Notwithstanding the provisions of sub. (3), the secretary of administration may act before all board members appointed as provided in par. (b) are certified.

SB209,23,21 (d) The secretary of administration shall serve as chairperson of the board of directors until the secretary certifies that a sports and entertainment arena, the construction of which commences on or after the effective date of this paragraph .... [LRB inserts date], is completed. The secretary of administration shall make the certification described under this paragraph as soon as he or she determines that the sports and entertainment arena is completed, but not later than the first game played in the sports and entertainment arena by the professional basketball team that uses the arena as its home arena.

SB209,23,23 (e) The terms of board members appointed under par. (b) shall expire or terminate upon the earliest occurrence of one of the following:

SB209,23,24 1. Two years after the member is certified under s. 229.435.

SB209,23,25 2. The secretary of administration makes the certification described in par. (d).

SB209,24,1 3. One of the provisions described in sub. (7) (b) 2. or 3. occurs.

SB209,24,13 (f) Upon the secretary of administration issuing the certification described in par. (d), which shall cause the expiration or termination of the terms of all board members as provided in this subsection, each appointing authority under sub. (4) shall appoint and certify new members of the board of directors, as provided in sub. (4) and s. 229.435, not later than 30 days after the secretary issues the certification. The secretary of administration or the secretary's designee, the persons described in sub. (4) (c), (f), and (h), and the chief executive officer of a municipality, as described in sub. (4) (g) 2., are considered to be certified upon the secretary issuing the certification described in par. (d). A board of directors consisting of members whose appointments are described under this paragraph may not take any action until a majority of board members so appointed are certified. No individual appointive board member may act until he or she is appointed and certified.

SB209,65 Section 65. 229.42 (7) (b) 1m. of the statutes is created to read:

SB209,25,3 229.42 (7) (b) 1m. Subject to subds. 2. and 3. and sub. (4) (g), the terms of office of the members of the board of directors shall be 3 years, except that for the initial appointments that occur following the secretary of administration issuing the certification described in sub. (4e) (d), 3 of the appointments shall be for one year, 3 appointments shall be for 2 years, and 3 appointments shall be for 3 years. The comptroller's appointments shall be for the comptroller's tenure in his or her position. The term of the secretary of administration or his or her designee shall be concurrent with the secretary's term in office, and the terms of the persons described in sub. (4) (f) shall be their terms in office or the term of the person who designated the board members under sub. (4) (f). The length of the initial terms shall be determined jointly by the secretary of administration and the county executive of the most populous county in which the sponsoring municipality is located. With regard to appointed board members to whom this subdivision applies, no individual may serve on the board of directors for more than 6 years.

SB209,66 Section 66. 229.435 of the statutes is amended to read:

SB209,25,13 229.435 Certification of board members. Within 30 days after a sponsoring municipality files an enabling resolution under s. 229.42 (1) (b), following the expiration of terms as described in s. 229.42 (4e) (a), and upon the secretary of administration issuing the certification described in s. 229.42 (4e) (d), each person who may appoint members to a board of directors under s. 229.42 (4), (5) or (6) shall certify to the department of administration the names of the persons appointed to the board of directors under s. 229.42 (5) or (6) or, if the sole sponsoring municipality is a 1st class city, the names of the persons appointed to the board of directors under s. 229.42 (4).

SB209,67 Section 67. 229.44 (4) (intro.) of the statutes is amended to read:

SB209,25,17 229.44 (4) (intro.) Do any of the following in connection with an exposition center and exposition center facilities and sports and entertainment arena and sports and entertainment arena facilities:

SB209,68 Section 68. 229.44 (4) (a) of the statutes is amended to read:

SB209,25,22 229.44 (4) (a) Acquire, construct, equip, maintain, improve, operate and manage the exposition center and exposition center facilities and acquire, construct and equip the sports and entertainment arena and sports and entertainment arena facilities, or engage other persons to do these things.

SB209,69 Section 69. 229.44 (4) (b) of the statutes is amended to read:

SB209,26,2 229.44 (4) (b) Acquire, lease, use or transfer; lease, as lessor or lessee; use; or transfer or accept transfers of property. With the approval of all sponsoring municipalities of the district, the district may acquire property by condemnation using the procedure under s. 32.05 or 32.06.