AB43: Bill Text

AB43,1340,15 d. A low-cost fund focused on asset growth.

AB43,1340,16 e. A low-cost fund focused on balancing risk and return.

AB43,1340,21 2. The program under this section shall require the investment administrator to offer to each enrolled eligible employee, before the employee makes his or her investment selections, a tool allowing the employee to identify the employee's risk tolerance and projected retirement date as an aid to the employee in selecting suitable investments under the program.

AB43,1340,25 3. The program under this section shall require that the first $1,000 of an enrolled eligible employee's contributions be deposited in a fund described in subd. 1. a. and thereafter, unless the employee selects a different investment option, the employee's contributions be deposited in a fund described in subd. 1. b.

AB43,1341,5 (c) 1. Except as provided in subds. 3. and 4., during an eligible employee's first year of enrollment in the program, the participating employer's payroll deduction each pay period shall be at a rate of 5 percent of the employee's gross wages, and this deducted amount shall be remitted to the investment administrator as the employee's account contribution.

AB43,1341,8 2. Except as provided in subds. 3. and 4., a participating employer shall increase the payroll deduction rate under subd. 1. by 1 percent per year until a maximum payroll deduction rate of 10 percent is reached.

AB43,1341,11 3. An enrolled eligible employee may elect a different payroll deduction rate than that provided for in subds. 1. and 2., except the rate may not be less than 1 percent nor more than 10 percent.

AB43,1341,15 4. A participating employer shall make a good faith effort to establish an employee's payroll deduction at a rate that will not result in the employee's total annual contributions exceeding the contribution limits established under sub. (3) (g), but the participating employer is not responsible if excess contributions occur.

AB43,1341,19 (6) Record-keeping requirements. (a) Subject to par. (b), the board shall establish the record-keeping requirements for the investment administrator, including the nature and extent of the record-keeping services and performance metrics for measuring compliance with these requirements.

AB43,1341,21 (b) The program shall require the maintenance of separate records and accounting for each account.

AB43,1341,23 (7) Abandoned accounts. (a) An account is considered abandoned if any of the following applies:

AB43,1341,25 1. There has been no account activity for at least 6 months and the account balance is less than $250.

AB43,1342,1 2. There has been no account activity for at least 2 years.

AB43,1342,4 (b) If an account is considered abandoned under par. (a), the investment administrator shall close the account and disburse the account balance to the individual who established the account.

AB43,1342,6 (8) Powers of board; departmental assistance; rules. (a) The board may do any of the following:

AB43,1342,9 1. In establishing the program under this section, create or impose any requirement or condition not inconsistent with this section that the board considers necessary for the effective functioning and widespread utilization of the program.

AB43,1342,13 2. Enter into contracts or other arrangements for any services necessary for establishing and overseeing the program under this section or for otherwise carrying out the purposes of this section, including the services of financial institutions, attorneys, investment advisers, accountants, consultants, and other professionals.

AB43,1342,15 3. Exercise any other powers necessary to establish and oversee the program under this section or otherwise carry out the purposes of this section.

AB43,1342,16 4. Promulgate rules to carry out the purposes of this section.

AB43,1342,20 (b) The department shall provide the board with any assistance necessary to carry out the purposes of this section, including staff, equipment, and office space. The board may delegate to the department responsibility for carrying out any day-to-day board function related to the program under this section.

AB43,2449 Section 2449 . 224.77 (1) (o) of the statutes is amended to read:

AB43,1343,4 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treat a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national origin, age, or ancestry, the person's lawful source of income, or the sex, marital status, status as a holder or nonholder of a license under s. 343.03 (3r), or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), of the person maintaining a household.

AB43,2450 Section 2450 . 227.01 (13) (Lw) of the statutes is created to read:

AB43,1343,6 227.01 (13) (Lw) Adjusts the minimum wage under s. 104.035 (8m).

AB43,2451 Section 2451 . 227.01 (13) (t) of the statutes is created to read:

AB43,1343,11 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB43,2452 Section 2452. 227.01 (13) (zxm) of the statutes is created to read:

AB43,1343,14 227.01 (13) (zxm) Establishes or adjusts a renewal date or renewal cycle for credentials that are subject to periodic renewal under s. 440.08 (2) (a) 1n.

AB43,2453 Section 2453 . 227.10 (2g) of the statutes is repealed.

AB43,2454 Section 2454 . 227.11 (title) of the statutes is amended to read:

AB43,1343,18 227.11 (title) Agency Extent to which chapter confers rule-making authority.

AB43,2455 Section 2455 . 227.11 (3) of the statutes is repealed.

AB43,2456 Section 2456 . 227.13 of the statutes is amended to read:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AB43,1348,10 229.68 (4) (d) Enter into contracts, subject to such standards as may be established by the district board, which standards may include approval by a professional baseball team pursuant to the terms of a lease with the district. The district board may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract, including price, time for completion of work and qualifications and past performance of a contractor.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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