2015 WISCONSIN ACT
60
An Act
to repeal
16.004 (21), 16.004 (22), 20.855 (4) (cr), 20.855 (4) (cy), 20.855 (4) (dr), 66.0615 (1m) (f) 4., 77.983, 77.992, 79.035 (6), 232.07 (1) and 345.28 (4) (g);
to renumber
229.47;
to renumber and amend
229.42 (4) (f) and 232.07 (2);
to amend
24.605, 24.61 (2) (cm) (intro.), 24.62 (3), 24.67 (1) (intro.), 24.67 (3), 66.0603 (1g) (a), 66.1105 (2) (f) 1. (intro.), 66.1105 (2) (f) 2. (intro.), 70.11 (37), 77.22 (1), 77.98 (3), 77.982 (3), 79.035 (5), 229.26 (4), 229.26 (4m), 229.26 (10), 229.41 (12), 229.42 (4) (intro.), 229.42 (4) (d), 229.42 (4) (e), 229.435, 229.44 (4) (intro.), 229.44 (4) (a), 229.44 (4) (b), 229.44 (4) (c), 229.44 (4) (d), 229.44 (5), 229.44 (6), 229.477, 229.48 (1) (intro.), 229.48 (1) (a), 229.48 (1) (b), 229.48 (1) (c), 229.48 (1) (d), 229.48 (1) (e), 229.48 (1m), 229.48 (2), 229.50 (1) (a) (intro.), 229.50 (1) (d), 229.50 (1) (f), 229.50 (7), 232.05 (3) (a), 232.05 (3) (b), 345.28 (2) (c), 345.37 (intro.), 846.16 (1) and 846.17;
to repeal and recreate
24.61 (2) (a) and 79.035 (5); and
to create
16.004 (21), 16.004 (22), 16.58 (3), 20.855 (4) (cr), 20.855 (4) (cy), 20.855 (4) (dr), 24.60 (2m) (e), 24.61 (3) (a) 14., 24.66 (3y), 24.67 (1) (q), 24.718, 66.1105 (2) (f) 1. p., 66.1105 (9) (a) 10., 66.1105 (17) (d), 71.05 (1) (c) 6p., 71.26 (1m) (n), 77.54 (62), 77.98 (4), 79.035 (6), 229.40, 229.41 (9e), 229.41 (11e), 229.41 (11g), 229.42 (4) (f) 2., 229.42 (4) (g), 229.42 (4) (h), 229.42 (4e), 229.42 (7) (b) 1m., 229.44 (4) (f), 229.445, 229.461, 229.47 (2), 229.48 (7), 229.54, 232.05 (2) (h), 342.41, 345.28 (2) (d), 349.13 (1d), 349.132, 846.16 (3) and 846.167 of the statutes;
relating to:
constructing a sports and entertainment arena and related facilities and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
16.004 (21) of the statutes is created to read:
16.004
(21)
Payment to local exposition district.
(a) Annually, as grants, the secretary shall remit the amounts appropriated under s. 20.855 (4) (cr) and (dr) to a local exposition district created under subch. II of ch. 229 to assist in the development and construction of sports and entertainment arena facilities, as defined in s. 229.41 (11g). The secretary may not remit moneys under this subsection until the secretary has determined that the sponsoring municipality has provided at least $47,000,000 for the development and construction of sports and entertainment arena facilities and the local exposition district has issued debt to fund the development and construction of sports and entertainment arena facilities. The secretary may not remit from the appropriation account under s. 20.855 (4) (dr) to a local exposition district more than a cumulative total of $80,000,000.
(b) The legislature finds and determines that sports and entertainment arena facilities, as defined in s. 229.41 (11g), encourage economic development and tourism in this state, reduce unemployment in this state, preserve business activities within this state, and bring needed capital into this state for the benefit and welfare of people throughout the state. It is therefore in the public interest and will serve a public purpose, and it is the public policy of this state, to assist a local exposition district in the development and construction of sports and entertainment arena facilities under subch. II of ch. 229.
Section
2
.
16.004 (21) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
Section
3
.
16.004 (22) of the statutes is created to read:
16.004
(22)
Payment to Bradley Center Sports and Entertainment Corporation.
During the 2015-17 fiscal biennium, from the appropriation under s. 20.855 (4) (cy), the secretary may make one or more grants to the Bradley Center Sports and Entertainment Corporation, created under ch. 232, for the purpose of assisting the corporation in retiring its obligations and any contractual liabilities.
Section
4
.
16.004 (22) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
Section
5
.
16.58 (3) of the statutes is created to read:
16.58
(3)
The department may provide financial consulting services to a local exposition district created under subch. II of ch. 229.
Section
6
.
20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:
-
See PDF for table
Section
9
.
20.855 (4) (cr) of the statutes is created to read:
20.855
(4)
(cr)
Transfer to local exposition district.
The amounts in the schedule to make payments to a local exposition district under s. 16.004 (21) (a).
Section
10
.
20.855 (4) (cr) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
Section
11
.
20.855 (4) (cy) of the statutes is created to read:
20.855
(4)
(cy)
Payment to Bradley Center Sports and Entertainment Corporation.
Biennially, the amounts in the schedule for the payment of grants to the Bradley Center Sports and Entertainment Corporation under s. 16.004 (22).
Section
12
.
20.855 (4) (cy) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
Section
13
.
20.855 (4) (dr) of the statutes is created to read:
20.855
(4)
(dr)
Transfer to local exposition district.
The amounts in the schedule to make payments to a local exposition district under s. 16.004 (21) (a).
Section
14
.
20.855 (4) (dr) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
Section
15
.
24.60 (2m) (e) of the statutes is created to read:
24.60
(2m)
(e) It is made to a local exposition district created under subch. II of ch. 229 for the purpose of financing acquisition, construction, and equipment costs for sports and entertainment arena facilities, as defined in s. 229.41 (11g), and is secured by district revenues.
Section
16
.
24.605 of the statutes is amended to read:
24.605
Accounts in trust funds for deposit of proceeds from sale of certain lands.
The board shall establish in each of the trust funds an account to which are credited the proceeds from the sale of any public lands on or after May 3, 2006, that are required by law to be deposited in the funds. Moneys credited to the accounts in the funds may only be used to invest in land under s. 24.61 (2) (a)
10.
and for the payment of expenses necessarily related to investing in land under s. 24.61 (2) (a)
10
.
Section
17
.
24.61 (2) (a) of the statutes is repealed and recreated to read:
24.61
(2)
(a)
Authorized investments by board.
The board shall manage and invest moneys belonging to the trust funds in good faith and with the care an ordinary prudent person in a like position would exercise under similar circumstances, in accordance with s. 112.11 (3).
Section
18
.
24.61 (2) (cm) (intro.) of the statutes is amended to read:
24.61
(2)
(cm)
Investments in land in this state.
(intro.) The board may not invest moneys in the purchase of any land under par. (a)
10.
unless all of the following occur:
Section
19
.
24.61 (3) (a) 14. of the statutes is created to read:
24.61
(3)
(a) 14. A local exposition district created under subch. II of ch. 229 for the purpose of financing acquisition, construction, and equipment costs for sports and entertainment arena facilities, as defined in s. 229.41 (11g).
Section
20
.
24.62 (3) of the statutes is amended to read:
24.62
(3)
If any land purchased under s. 24.61 (2) (a)
10.
was at the time of purchase subject to assessment or levy of a real property tax, the board shall make annual payments in lieu of property taxes from the proceeds from the sale of timber or from appropriate trust fund incomes to the appropriate local governmental unit in an amount equal to property taxes levied on the land in the year prior to the year in which the board purchased the land.
Section
21
.
24.66 (3y) of the statutes is created to read:
24.66
(3y)
Local exposition district.
An application for a loan by a local exposition district created under subch. II of ch. 229 shall be accompanied by a certified copy of a resolution of the district board of the local exposition district approving the loan.
Section
22
.
24.67 (1) (intro.) of the statutes is amended to read:
24.67
(1)
(intro.) If the board approves the application, it shall cause certificates of indebtedness to be prepared in proper form and transmitted to the municipality, cooperative educational service agency,
local exposition district created under subch. II of ch. 229,
local professional baseball park district created under subch. III of ch. 229, or federated public library system submitting the application. The certificate of indebtedness shall be executed and signed:
Section
23
.
24.67 (1) (q) of the statutes is created to read:
24.67
(1)
(q) For a local exposition district created under subch. II of ch. 229, by the chairperson of the district board.
Section
24
.
24.67 (3) of the statutes is amended to read:
24.67
(3)
If a municipality has acted under subs. (1) and (2), it shall certify that fact to the board. Upon receiving a certification from a municipality, or upon direction of the board if a loan is made to a cooperative educational service agency, drainage district created under ch. 88,
local exposition district created under subch. II of ch. 229,
local professional baseball park district created under subch. III of ch. 229, or
a
federated public library system, the board shall disburse the loan amount, payable to the treasurer of the municipality, cooperative educational service agency, drainage district, or federated public library system making the loan or as the treasurer of the municipality, cooperative educational service agency, drainage district,
local exposition district,
local professional baseball park district, or federated public library system directs. The certificate of indebtedness shall then be conclusive evidence of the validity of the indebtedness and that all the requirements of law concerning the application for the making and acceptance of the loan have been complied with.
Section
25
.
24.718 of the statutes is created to read:
24.718
Collections from local exposition districts.
(1)
Applicability.
This section applies to all outstanding trust fund loans to local exposition districts created under subch. II of ch. 229.
(2)
Certified statement.
If a local exposition district has a state trust fund loan, the board shall transmit to the local exposition district board a certified statement of the amount due on or before October 1 of each year until the loan is paid. The board shall furnish a copy of each certified statement to the department of administration.
(3)
Payment to board.
The local exposition district board shall remit to the board on its own order the full amount due for state trust fund loans within 15 days after March 15. Any payment not made by March 30 is delinquent and is subject to a penalty of 1 percent per month or fraction thereof, to be paid to the board with the delinquent payment.
Section
30
.
66.0603 (1g) (a) of the statutes is amended to read:
66.0603
(1g)
(a) In this section, "governing board" has the meaning given under s. 34.01 (1) but does not include
a local exposition district board created under subch. II of ch. 229 or
a local cultural arts district board created under subch. V of ch. 229.
Section
31
.
66.0615 (1m) (f) 4. of the statutes is repealed.
Section
32
.
66.1105 (2) (f) 1. (intro.) of the statutes is amended to read:
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:
Section
33
.
66.1105 (2) (f) 1. p. of the statutes is created to read:
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.
Section
34
.
66.1105 (2) (f) 2. (intro.) of the statutes is amended to read:
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:
Section
35
.
66.1105 (9) (a) 10. of the statutes is created to read:
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.
Section
36
.
66.1105 (17) (d) of the statutes is created to read:
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.
Section
37
.
70.11 (37) of the statutes is amended to read:
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, excluding the outdoor plaza area, 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 not being used for events that involve the arena floor and seating bowl, is not exempt under this subsection
.
Section
38
.
71.05 (1) (c) 6p. of the statutes is created to read:
71.05
(1)
(c) 6p. A sponsoring municipality borrowing to assist a local exposition district created under subch. II of ch. 229.
Section
39
.
71.26 (1m) (n) of the statutes is created to read:
71.26
(1m)
(n) Those issued by a sponsoring municipality to assist a local exposition district created under subch. II of ch. 229.
Section
44
.
77.22 (1) of the statutes is amended to read:
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
or 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.
Section
45
.
77.54 (62) of the statutes is created to read:
77.54
(62)
The sales price from the sale of building materials, supplies, and equipment and the sale of services described in s. 77.52 (2) (a) 20. to; and the storage, use, or other consumption of the same property and services by; owners, lessees, contractors, subcontractors, or builders if that property or service is acquired solely for or used solely in, the construction or development of sports and entertainment arena facilities, as defined in s. 229.41 (11g), but not later than one year after the secretary of administration issues the certification under s. 229.42 (4e) (d).
Section
45d
.
77.98 (3) of the statutes is amended to read:
77.98
(3)
For
Except as provided in sub. (4), for
purposes of sub. (1) (a), "premises" shall be broadly construed and shall include the lobby, aisles, and auditorium of a theater or the seating, aisles, and parking area of an arena, a rink, or a stadium, or the parking area of a drive-in or an outdoor theater. The premises of a caterer with respect to catered meals or beverages shall be the place where served.
Section
45e
.
77.98 (4) of the statutes is created to read:
77.98
(4)
(a) Except as provided in par. (b), the tax imposed under this section shall not be imposed on the sale of alcoholic beverages, candy, prepared food, or soft drinks sold by a person engaged in the retail trade as a food and beverage store, as classified under sector 44-45, subsector 445, of the North American Industry Classification System, 1997 edition, published by the U.S. office of management and budget, beginning on the first day of the calendar quarter that is at least 120 days after the date on which the bonds issued by the district under subch. II of ch. 229 during the first 60 months after April 26, 1994, and any debt issued to fund or refund those bonds, are retired. The district shall notify the department of revenue, in the manner prescribed by the department, when such bonds and debt are retired.
(b) Notwithstanding par. (a), the district board may, by a majority vote of its members, reimpose the tax under this section on a person engaged in a retail trade, as described under par. (a).
Section
45f
.
77.982 (3) of the statutes is amended to read:
77.982
(3)
From the appropriation under s. 20.835 (4) (gg), the department of revenue shall distribute 97.45% of the taxes collected under this subchapter for each district to that district and shall indicate to the district the taxes reported by each taxpayer in that district, no later than the end of the month following the end of the calendar quarter in which the amounts were collected. The taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments, and all other adjustments. Interest paid on refunds of the tax under this subchapter shall be paid from the appropriation under s. 20.835 (4) (gg) at the rate under s. 77.60 (1) (a). Those taxes
may
shall first
be used
only
for the district's debt service on its bond obligations
, as described in s. 77.98 (4). After such obligations are retired, the district may use the taxes for any lawful purpose
. Any district that receives a report along with a payment under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5) and (6).
Section
46
.
77.983 of the statutes is repealed.
Section
47
.
77.992 of the statutes is repealed.
Section
48
.
79.035 (5) of the statutes is amended to read:
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.
Section
48d
.
79.035 (5) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed and recreated to read:
79.035
(5)
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.
Section
49
.
79.035 (6) of the statutes is created to read:
79.035
(6)
Beginning with the distributions in 2016 and ending with the distributions in 2035, the annual payment under this section to a county in which a sports and entertainment arena, as defined in s. 229.41 (11e), is located shall be the amount otherwise determined for the county under this section, minus $4,000,000.
Section
49d
.
79.035 (6) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
Section
50
.
229.26 (4) of the statutes is amended to read:
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.
Section
51
.
229.26 (4m) of the statutes is amended to read:
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.
Section
52
.
229.26 (10) of the statutes is amended to read:
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.
Section
53
.
229.40 of the statutes is created to read:
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.
(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.
Section
54
.
229.41 (9e) of the statutes is created to read:
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.
Section
55
.
229.41 (11e) of the statutes is created to read:
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.
Section
56
.
229.41 (11g) of the statutes is created to read:
229.41
(11g)
"Sports and entertainment arena facilities" means the sports and entertainment arena and structures, including all fixtures, equipment, and tangible personal property that are used primarily to support the operation of the sports and entertainment arena or are functionally related to the sports and entertainment arena, located on land not to exceed 9 contiguous acres in area. Such sports and entertainment arena facilities shall include such land and may include offices of the professional basketball team or its affiliate, parking spaces and garages, storage or loading facilities, access ways, sidewalks, a skywalk, plazas, transportation facilities, and sports team stores located on such land. In addition, "sports and entertainment arena facilities" also includes a parking structure to be constructed by a professional basketball team or its affiliate in conjunction with the construction of the sports and entertainment arena and to be owned by the sponsoring municipality.
Section
57
.
229.41 (12) of the statutes is amended to read:
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.
Section
58
.
229.42 (4) (intro.) of the statutes is amended to read:
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
17
members, who shall be qualified and appointed, subject to sub. (7) (b), as follows:
Section
59
.
229.42 (4) (d) of the statutes is amended to read:
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).
Section
60
.
229.42 (4) (e) of the statutes is amended to read:
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.
Section
61
.
229.42 (4) (f) of the statutes is renumbered 229.42 (4) (f) 1. and amended to read:
229.42
(4)
(f) 1. 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.
Section
61e
.
229.42 (4) (f) 2. of the statutes is created to read:
229.42
(4)
(f) 2. Two members, one of whom shall be the minority leader of the assembly, or his or her designee, and one of whom shall be the senate minority leader, or his or her designee, if the designee is a member of the same house of the legislature as the minority leader who makes the designation.
Section
62
.
229.42 (4) (g) of the statutes is created to read:
229.42
(4)
(g) Upon the secretary of administration issuing the certification described in sub. (4e) (d):
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.
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.
Section
63
.
229.42 (4) (h) of the statutes is created to read:
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.
Section
64
.
229.42 (4e) of the statutes is created to read:
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).
(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].
(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.
(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.
(e) The terms of board members appointed under par. (b) shall expire or terminate upon the earliest occurrence of one of the following:
1. Two years after the member is certified under s. 229.435.
2. The secretary of administration makes the certification described in par. (d).
3. One of the provisions described in sub. (7) (b) 2. or 3. occurs.
(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, and the persons described in sub. (4) (c), (f), and (h), 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.
Section
65
.
229.42 (7) (b) 1m. of the statutes is created to read:
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.
Section
66
.
229.435 of the statutes is amended to read:
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).
Section
67
.
229.44 (4) (intro.) of the statutes is amended to read:
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
:
Section
68
.
229.44 (4) (a) of the statutes is amended to read:
229.44
(4)
(a) Acquire, construct, equip, maintain, improve, operate and manage the exposition center and exposition center facilities, or engage other persons to do these things.
Acquire, construct, and equip the sports and entertainment arena and sports and entertainment arena facilities, or engage other persons to do these things. If the professional basketball team or its affiliate breaches the non-relocation agreement or lease under s. 229.461, the district may equip, maintain, improve, operate, and manage the sports and entertainment arena and sports and entertainment arena facilities, or engage other persons to do these things, but only from moneys received from the parent company of the professional basketball team, the professional basketball team, or its affiliate resulting from the breach of the non-relocation agreement or lease.
Section
69
.
229.44 (4) (b) of the statutes is amended to read:
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.
Section
70
.
229.44 (4) (c) of the statutes is amended to read:
229.44
(4)
(c) Improve
, maintain, and repair
real property
, except that the district may only improve, maintain, and repair the sports and entertainment arena facilities, or engage other persons to do these things, if the professional basketball team or its affiliate breaches the non-relocation agreement or lease under s. 229.461 and only from moneys received from the parent company of the professional basketball team, the professional basketball team, or its affiliate resulting from the breach of the non-relocation agreement or lease
.
Section
71
.
229.44 (4) (d) of the statutes is amended to read:
229.44
(4)
(d) Enter into contracts.
All
Except as provided in s. 229.461, all
contracts, the estimated costs of which exceed
$30,000
$100,000
, except contracts subject to s. 229.46 (5) and contracts for personal or professional services, shall be subject to bid and shall be awarded to the lowest qualified and competent bidder. The district may reject any bid that is submitted under this paragraph.
Section
72
.
229.44 (4) (f) of the statutes is created to read:
229.44
(4)
(f) Sell or otherwise dispose of unneeded or unwanted property.
Section
73
.
229.44 (5) of the statutes is amended to read:
229.44
(5)
Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 or 229.47
(1)
as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.
Section
74
.
229.44 (6) of the statutes is amended to read:
229.44
(6)
Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.0301 or 229.47
(1)
, participate in a governmental plan of insurance or self-insurance.
Section
74e
.
229.445 of the statutes is created to read:
229.445
Ticket surcharge.
The board of directors shall require the sponsor of an event held at a sports and entertainment arena to impose a $2 surcharge on each ticket that is sold to the event. The event sponsor shall forward to the board of directors any surcharges collected under this section. The board of directors shall submit 25 percent of the amount received under this section to the department of administration for deposit into the general fund and shall retain the remainder for the district.
Section
75
.
229.461 of the statutes is created to read:
229.461
Development agreement, non-relocation agreement, lease.
(1)
A district shall enter into a development agreement with a professional basketball team or its affiliate to require the professional basketball team or affiliate to develop and construct sports and entertainment arena facilities that will be financed in part by the district and, subject to sub. (3) (d), leased to the professional basketball team or its affiliate as provided in this subchapter. Before a district may sign the development agreement, the secretary of administration shall certify that the professional basketball team or its affiliate has agreed to fund at least $250,000,000 to the development and construction of the sports and entertainment arena facilities. In addition, the professional basketball team or its affiliate must have entered into the non-relocation agreement under sub. (2) before the district may sign the development agreement.
(2)
In consideration of the district, this state, a sponsoring municipality, and the most populous county in which the sponsoring municipality is located promising to commit $250,000,000 of financial assistance to the development and construction of the sports and entertainment arena facilities and granting a professional basketball team, or its affiliate, the right to operate and manage the sports and entertainment arena facilities, the professional basketball team shall enter into a non-relocation agreement with the district, before it or its affiliate enters into a development agreement with the district under sub. (1), that contains all of the following provisions and commitments during the term of the lease:
(a) The professional basketball team shall play substantially all of its home games at the sports and entertainment arena, once it is constructed.
(b) The professional basketball team shall maintain its membership in the National Basketball Association or a successor league.
(c) The professional basketball team shall maintain its headquarters in this state.
(d) The professional basketball team shall maintain in its official team name the name of the sponsoring municipality.
(e) The professional basketball team shall not relocate to another political subdivision during the term of the lease.
(f) If the professional basketball team is sold or ownership is transferred to another person, the professional basketball team shall ensure that any person who acquires the professional basketball team, including upon foreclosure, commits to acquire the professional basketball team subject to the team's obligations under the non-relocation agreement.
(g) During the last 5 years of the original 30-year lease, and during any 5-year extension of the lease, the professional basketball team may negotiate, and enter into agreements, with 3rd parties regarding the professional basketball team playing its home games at a site different from the site to which the lease applies after the conclusion of the lease.
(3)
The lease between the district and the professional basketball team or its affiliate shall contain at least all of the following:
(a) The term of the lease shall be for 30 years, plus 2 extensions of 5 years each, both extensions at the professional basketball team's or its affiliate's option.
(b) The lease shall contain provisions concerning the transfer of the Bradley Center and the land on which it is located from the district to the professional basketball team or its affiliate and, following that transfer, subsequent demolition of the Bradley Center arena structure, consistent with s. 229.47 (2) (c). The district shall convey fee title to the professional basketball team or its affiliate free and clear of all liens, encumbrances, and obligations, except for easements or similar restrictions that do not include a monetary component. Provided that the Bradley Center arena structure is transferred as provided under this paragraph, the lease shall require the professional basketball team or its affiliate to pay for all costs related to the demolition of the Bradley Center arena structure.
(c) The professional basketball team or its affiliate shall be responsible for equipping, maintaining, operating, improving, and repairing sports and entertainment arena facilities that are constructed pursuant to a development agreement entered into under sub. (1). If the professional basketball team or its affiliate breaches the development agreement or non-relocation agreement, the parent company of the professional basketball team shall be jointly and severally responsible with the professional basketball team or its affiliate for the costs of equipping, maintaining, operating, and repairing the sports and entertainment arena facilities during the term of the lease. In addition, the professional basketball team or its affiliate shall be entitled to receive all revenues, other than surcharges collected under s. 229.445, related to the operation or use of the sports and entertainment arena facilities, including, but not limited to, ticket revenues, licensing or user fees, sponsorship revenues, revenues generated from events that are held on the plaza that is part of the sports and entertainment arena facilities, revenues from the sale of food, beverages, merchandise, and parking, and revenues from naming rights.
(d) The lease shall allow for a separate agreement between the sponsoring municipality and the professional basketball team or its affiliate that addresses the development and construction, leasing, operation, maintenance, and repair of a parking structure constructed as part of the sports and entertainment arena facilities and the ownership of and revenues from the parking structure.
(4)
(a) If the professional basketball team or its affiliate breaches the lease, the district may enforce the lease.
(b) If the professional basketball team or its affiliate breaches the non-relocation agreement, the state, the district, the sponsoring municipality, and the most populous county in which the sponsoring municipality is located may act individually or collectively to enforce the non-relocation agreement and, if they prevail, are entitled to all of the following:
1. Injunctive relief.
2. a. Liquidated damages from the parent company of the professional basketball team, the professional basketball team, or its affiliate in an amount equal to the outstanding balance of principal and accrued unpaid interest remaining on any debt issued or incurred by the district, this state, a sponsoring municipality, and the most populous county in which the sponsoring municipality is located for the development and construction of the sports and entertainment arena facilities.
b. If the professional basketball team or its affiliate, at the time of its breach of the non-relocation agreement, is also in breach of its obligations under the lease to equip, maintain, operate, and repair the sports and entertainment arena facilities, liquidated damages from the parent company of the professional basketball team, the professional basketball team, or its affiliate shall also include an amount equal to the cost of performing these obligations during the term of the lease.
c. Liquidated damages awarded under this subdivision shall be apportioned among the district, this state, a sponsoring municipality, and the most populous county in which the sponsoring municipality is located in proportion to that entity's financial contributions towards the development and construction of the sports and entertainment arena facilities.
(5)
The secretary of administration, in his or her capacity as chairperson of the board of directors, shall negotiate the development agreement, the lease, and the non-relocation agreement under this section on behalf of the district and may enter into any such development agreement, non-relocation agreement, or lease without the approval of the board of directors. Any subsequent amendments to, or renewal or extensions of, the development agreement, the non-relocation agreement, or the lease shall require the approval of the board of directors.
Section
76
.
229.47 of the statutes is renumbered 229.47 (1).
Section
77
.
229.47 (2) of the statutes is created to read:
229.47
(2)
(a) Subject to s. 232.05 (3) (a), a district shall enter into one or more transfer agreements with the Bradley Center Sports and Entertainment Corporation regarding the transfer of the Bradley Center or any part of the center, including land that cannot be transferred under par. (b). Any such transfer shall be for nominal financial consideration.
(b) Following execution of a lease under s. 229.461 (3) and forgiveness by the professional basketball team of any outstanding debt owed to the professional basketball team by the Bradley Center Sports and Entertainment Corporation, the Bradley Center Sports and Entertainment Corporation shall transfer to the district the land described in s. 229.41 (11e) that is owned by the Bradley Center Sports and Entertainment Corporation. The transfer shall occur pursuant to transfer agreements and a parcel transfer schedule certified by the secretary of administration.
(c) A transfer agreement shall specify that demolition of the Bradley Center will commence not later than 180 days after the center is transferred to the district, as described in s. 232.05 (2) (h) and that the Bradley Center parking structure may continue to exist and operate.
Section
78
.
229.477 of the statutes is amended to read:
229.477
Dissolution of a district.
Subject to providing for the payment of its bonds, including interest on the bonds, and the performance of its other contractual obligations, a district may be dissolved by the joint action of the district's board of directors and sponsoring municipality. If the district is dissolved, the property of the district
that does not include sports and entertainment arena facilities
shall be transferred to its sponsoring municipality.
Subject to the terms of any lease under s. 229.461 (3), the property of the district that does include sports and entertainment arena facilities shall be transferred to the local units of government that compose the district's jurisdiction in such proportions as the secretary of administration determines fairly and reasonably represent the contributions of each local unit of government to the development, construction, operation, maintenance, or improvement of the property that contains sports and entertainment arena facilities.
If the district was created by more than one sponsoring municipality, the municipalities shall agree on the apportioning of the district's property before the district may be dissolved.
Section
79
.
229.48 (1) (intro.) of the statutes is amended to read:
229.48
(1)
(intro.) A district may issue bonds for costs and purposes that are related to an exposition center or an exposition center facility
or sports and entertainment arena or sports and entertainment arena facilities
, including all of the following:
Section
80
.
229.48 (1) (a) of the statutes is amended to read:
229.48
(1)
(a) Costs of acquiring, constructing, equipping, maintaining or improving an exposition center or an exposition center facility
or initially developing and constructing a sports and entertainment arena or sports and entertainment arena facilities
.
Section
81
.
229.48 (1) (b) of the statutes is amended to read:
229.48
(1)
(b) Costs of acquiring or improving an exposition center
site or sports and entertainment arena facilities
site.
Section
82
.
229.48 (1) (c) of the statutes is amended to read:
229.48
(1)
(c) Engineering, architectural or consultant fees, costs of environmental or feasibility studies, permit and license fees and similar planning or preparatory costs, that are related to an exposition center or exposition center facility
or sports and entertainment arena or sports and entertainment arena facilities
.
Section
83
.
229.48 (1) (d) of the statutes is amended to read:
229.48
(1)
(d) Funding budgeted costs for an exposition center or exposition center facility
or sports and entertainment arena or sports and entertainment arena facilities
for the 6-month period immediately following the completion of its construction or acquisition.
Section
84
.
229.48 (1) (e) of the statutes is amended to read:
229.48
(1)
(e) Interest on bonds or on any debt that is retired with the proceeds of bonds, if the interest is incurred or is reasonably expected to be incurred during the time period beginning a reasonable time period prior to the construction or acquisition of an exposition center or exposition center facility
or sports and entertainment arena or sports and entertainment arena facilities
and ending 6 months after the completion of the construction or acquisition.
Section
85
.
229.48 (1m) of the statutes is amended to read:
229.48
(1m)
For financing purposes, exposition centers and exposition center facilities
and sports and entertainment arenas and sports and entertainment arena facilities
are public utilities and tax revenues imposed under s. 66.0615 (1m) (a) and (b) and subchs. VIII and IX of ch. 77 are property or income of the public utility.
Section
86
.
229.48 (2) of the statutes is amended to read:
229.48
(2)
All bonds are negotiable for all purposes, notwithstanding their payment from a limited source. A district may retain the building commission
, the department of administration,
or any other person as its financial consultant to assist with and coordinate the issuance of bonds and shall use the building commission as its financial consultant for bonds secured by a special debt service reserve fund under s. 229.50.
Section
87
.
229.48 (7) of the statutes is created to read:
229.48
(7)
The maximum amount of bond proceeds that a district may receive from bonds issued to fund the development and construction of sports and entertainment arena facilities is $203,000,000. The district may receive additional proceeds from the bonds to pay issuance or administrative costs related to the bonds, to make deposits in reserve funds related to the bonds, to pay accrued or funded interest on the bonds, and to pay the costs of credit enhancement for the bonds.
Section
88
.
229.50 (1) (a) (intro.) of the statutes is amended to read:
229.50
(1)
(a)
Substantial statewide public purpose.
(intro.) The proceeds of the bonds, other than refunding bonds, will be used in connection with an exposition center, or an exposition center facility used primarily to support the activities of an exposition center,
or a sports and entertainment arena, or sports and entertainment arena facilities,
that serves a substantial statewide public purpose. An exposition center serves a substantial statewide public purpose if all of the following conditions are met:
Section
89
.
229.50 (1) (d) of the statutes is amended to read:
229.50
(1)
(d)
Use of net proceeds.
Not more than $170,000,000 of the total net proceeds of all bonds, other than refunding bonds, that would be secured by all special debt service reserve funds of the district will be used for the purposes specified under s. 229.48 (1) (a) to (c), except that no proceeds of the bonds secured by a special debt service reserve fund may be used to remodel or refurbish an existing exposition center or existing exposition center facilities transferred under a transfer agreement under s. 229.47
(1)
.
Section
90
.
229.50 (1) (f) of the statutes is amended to read:
229.50
(1)
(f)
Transfer agreement.
A sponsoring municipality of the district issuing the bonds has entered into a transfer agreement under s. 229.47
(1)
that transfers to the district the sponsoring municipality's interests in an existing exposition center and exposition center facilities created under this subchapter or in an existing convention institution under s. 229.26.
Section
91
.
229.50 (7) of the statutes is amended to read:
229.50
(7)
State moral obligation pledge.
If at any time the special debt service reserve fund requirement under sub. (5) for a special debt service reserve fund exceeds the amount of moneys in the special debt service reserve fund, the board of directors of the district shall certify to the secretary of administration, the governor, the joint committee on finance and the governing body of the sponsoring municipality the amount necessary to restore the special debt service reserve fund to an amount equal to the special debt service reserve fund requirement under sub. (5) for the special debt service reserve fund. If this certification is received by the secretary of administration in an even-numbered year prior to the completion of the budget compilation under s. 16.43, the secretary shall include the certified amount in the budget compilation. In any case, the joint committee on finance shall introduce in either house, in bill form, an appropriation of the amount so certified to the appropriate special debt service reserve fund of the district. Recognizing its moral obligation to do so, the legislature hereby expresses its expectation and aspiration that, if ever called upon to do so, it shall make this appropriation.
This subsection does not apply to reserve fund shortfalls related to bonds or any refunding bonds issued by the district to fund the construction of sports and entertainment arena facilities.
Section
92
.
229.54 of the statutes is created to read:
229.54
Responsibility to sports and entertainment arena facilities.
(1)
Neither the state, a sponsoring municipality, nor the most populous county in which the sponsoring municipality is located is responsible for equipping, maintaining, operating, improving, and repairing sports and entertainment arena facilities.
(2)
The district is responsible only for equipping, maintaining, operating, improving, and repairing sports and entertainment arena facilities during the initial development and construction of the sports and entertainment arena facilities. If the professional basketball team or its affiliate breaches the non-relocation agreement or lease under s. 229.461, the district is responsible for equipping, maintaining, operating, and repairing sports and entertainment arena facilities during the remainder of the lease, but only from moneys received from the parent company of the professional basketball team, the professional basketball team, or its affiliate resulting from the breach of the non-relocation agreement or lease.
Section
93
.
232.05 (2) (h) of the statutes is created to read:
232.05
(2)
(h) Within 60 days following the later of the secretary of administration issuing the certification described in s. 229.42 (4e) (d) or the expiration of 180 days' written notice delivered by the district to the corporation of the intended construction completion date, complete the sale, exchange, transfer, or divestiture of any part of the Bradley Center that was not previously transferred, as authorized under sub. (3).
Section
94
.
232.05 (3) (a) of the statutes is amended to read:
232.05
(3)
(a) Sell, exchange
, transfer,
or otherwise divest itself of the Bradley
center
Center except to a district, as defined in s. 229.41 (4m). The sale, exchange, transfer, or divestiture of the Bradley Center, or any part of the center, to a district, as defined in s. 229.41 (4m), shall satisfy and terminate any obligation of the corporation. Except as provided in s. 229.47 (2) (b), the corporation may not act under this paragraph before the secretary of administration issues the certification described in s. 229.42 (4e) (d)
.
Section
95
.
232.05 (3) (b) of the statutes is amended to read:
232.05
(3)
(b) Dissolve and wind up its affairs
, unless the legislature enacts a law ordering dissolution or except as provided in s. 232.07
except in connection with the sale, exchange, transfer, or divestment of the Bradley Center upon the secretary of administration issuing the certification described in s. 229.42 (4e) (d)
.
Section
96
.
232.07 (1) of the statutes is repealed.
Section
97
.
232.07 (2) of the statutes is renumbered 232.07 and amended to read:
232.07
Dissolution.
Promptly upon issuance of the certificate of involuntary
Upon
dissolution, the corporation shall pay, discharge
,
or make adequate provision for
discharging
its debts, liabilities
,
and obligations, including any judgment, order or decree which may be entered against it in any pending legal action, and shall
, subject to s. 232.05 (3) (a),
transfer all remaining assets to the state
or to a district, as defined in s. 229.41 (4m)
. The corporation's existence shall continue, subject to the limitations on its activities under s. 181.1405.
Section
98
.
342.41 of the statutes is created to read:
342.41 Identity of buyer. (1)
Notwithstanding s. 342.15, after December 31, 2015, no individual may sell a motor vehicle to another individual, including transferring a junk vehicle by bill of sale, unless within 30 days of the sale the seller reports to the department the identification number of the vehicle and the identity of the individual buyer.
(2)
The department shall accept electronically information related to the sale of the motor vehicle, including all of the information required to be reported under sub. (1).
Section
99
.
345.28 (2) (c) of the statutes is amended to read:
345.28
(2)
(c)
If
Subject to par. (d), if
the appearance date specified in the citation is inconvenient for the person, he or she may contact the clerk of circuit court or the municipal court, whichever is applicable, to schedule a more convenient time. The revised date may provide for an appearance during an evening session, as required under s. 753.23 or authorized by a court.
The
Subject to par. (d), the
court may revise the appearance date. The date specified in the citation applies unless the person receives written confirmation of the revised appearance date from the court.
Section
100
.
345.28 (2) (d) of the statutes is created to read:
345.28
(2)
(d) A city of the 1st class may enact an ordinance establishing the period within which a person charged with a nonmoving violation shall pay the forfeiture or appear in court. An ordinance under this paragraph shall require that a citation issued for a nonmoving violation include the date on which the court may act under s. 345.37 unless the person has paid the forfeiture or appeared in court prior to that date.
Section
101
.
345.28 (4) (g) of the statutes is repealed.
Section
102
.
345.37 (intro.) of the statutes is amended to read:
345.37
Procedure on default of appearance.
(intro.) If the defendant fails to appear in court at the time fixed in the citation or by subsequent postponement,
or, if an ordinance under s. 345.28 (2) (d) applies, not less time than the period established in an ordinance under s. 345.28 (2) (d) has elapsed since the person was charged with a nonmoving violation,
the following procedure shall apply:
Section
103
.
349.13 (1d) of the statutes is created to read:
349.13
(1d)
A local authority with respect to highways under its jurisdiction, including state trunk highways or connecting highways within corporate limits, may enact an ordinance making the owner of the vehicle involved in a violation under this section jointly liable for the violation.
Section
104
.
349.132 of the statutes is created to read:
349.132
Authority to require vehicle registration.
The governing body of any town, city, village, or county may enact an ordinance requiring that no vehicle that has been impounded or towed may be released unless the motor vehicle is registered under ch. 341 or exempt from registration under s. 341.05.
Section
109m
.
846.16 (1) of the statutes is amended to read:
846.16
(1)
The sheriff or referee who makes sale of mortgaged premises, under a judgment therefor, shall give notice of the time and place of sale in the manner provided by law for the sale of real estate upon execution or in such other manner as the court shall in the judgment direct; where the department of veterans affairs is also a party in the foreclosure action, the judgment shall direct that notice of sale be given by registered mail, return receipt requested, to the department at Madison, Wisconsin, at least 3 weeks prior to the date of sale, but such requirement does not affect any other provision as to giving notice of sale.
The
Except as provided in sub. (3) and s. 846.167, the
sheriff or referee shall, within 10 days thereafter, file with the clerk of the court a report of the sale, and shall also immediately after the sale first deduct any fee due under s. 77.22 (1); then deposit that fee, a return under s. 77.22 and the deed with the clerk of the court for transmittal to the register of deeds; then deduct the costs and expenses of the sale, unless the court orders otherwise, and then deposit with the clerk of the court the proceeds of the sale ordered by the court. The sheriff may accept from the purchaser at such sale as a deposit or down payment upon the same not less than $100, in which case such amount shall be so deposited with the clerk of the court as above provided, and the balance of the sale price shall be paid to the clerk by the purchaser at such sale upon the confirmation thereof. If the highest bid is less than $100, the whole amount thereof shall be so deposited.
Section
110m
.
846.16 (3) of the statutes is created to read:
846.16
(3)
If the mortgaged premises are located in a county having a population of 750,000 or more, no later than 10 days after the sale of the mortgaged premises, the sheriff or referee shall do all of the following:
(a) File a report of the sale with the clerk of court.
(b) Deliver to the clerk of court all of the following:
1. The deed to the mortgaged premises.
2. After deducting the costs and expenses of the sale, unless the court orders otherwise, the proceeds of the sale ordered by the court.
Section
111m
.
846.167 of the statutes is created to read:
846.167
Confirmation of sale and transmittal of deed in populous counties.
(1)
In this section, "
county" means a county having a population of 750,000 or more.
(2)
If a sheriff or referee makes a sale of mortgaged premises located in a county under a judgment of foreclosure and sale, all of the following apply:
(a) If the purchaser is not the judgment creditor, before the court may confirm the sale, the purchaser shall provide the judgment creditor with any information required for the judgment creditor to complete the real estate transfer return under s. 77.22 and, if applicable, any information required for a certificate, waiver, or stipulation required under s. 101.122.
(b) No later than 10 days after the court confirms the sale, the purchaser shall pay to the court all of the following:
1. The amount of the transfer fee under s. 77.22, if any.
2. The amount of the fee under s. 59.43 (2) to record all of the following:
a. The deed to the mortgaged premises delivered under s. 846.16.
b. Any other document required for the register of deeds to record the deed, including any certificate, waiver, or stipulation required under s. 101.122.
(c) No later than 10 days after the court confirms the sale, the judgment creditor shall provide to the court the receipt for submitting a transfer return under s. 77.22 and any certificate, waiver, or stipulation required under s. 101.122.
(3)
Upon the court confirming the sale of mortgaged premises located in a county and upon compliance by the purchaser with the terms of the sale and the payment of any balance of the sale price to be paid, unless otherwise ordered by the court, the clerk of the court shall transmit the deed to the mortgaged premises received under s. 846.16, the receipt for submitting a transfer return under s. 77.22, any certificate, waiver, or stipulation required under s. 101.122, the amount due under s. 59.43 (2) to record the deed and any other document required to record the deed, and the transfer fee, if any, to the register of deeds of the county.
Section
112m
.
846.17 of the statutes is amended to read:
846.17
Deed, execution and effect of.
Upon any such sale being made the sheriff or referee making the same, on compliance with its terms, shall make and execute to the purchaser, the purchaser's assigns or personal representatives, a deed of the premises sold, setting forth each parcel of land sold to the purchaser and the sum paid therefor, which deed, upon confirmation of such sale, shall vest in the purchaser, the purchaser's assigns or personal representatives, all the right, title and interest of the mortgagor, the mortgagor's heirs, personal representatives and assigns in and to the premises sold and shall be a bar to all claim, right of equity of redemption therein, of and against the parties to such action, their heirs and personal representatives, and also against all persons claiming under them subsequent to the filing of the notice of the pendency of the action in which such judgment was rendered; and the purchaser, the purchaser's heirs or assigns shall be let into the possession of the premises so sold on production of such deed or a duly certified copy thereof, and the court may, if necessary, issue a writ of assistance to deliver such possession. Such deed or deeds so
made and
executed by the sheriff as above set forth shall be forthwith delivered by the sheriff to the clerk of the court to be held by the clerk until the confirmation of the sale, and upon the confirmation thereof the clerk of the court shall thereupon pay to the parties entitled thereto, or to their attorneys, the proceeds of the sale, and
, except as provided in s. 846.167,
shall deliver to the purchaser, the purchaser's assigns or personal representatives, at the sale such deed upon compliance by such purchaser with the terms of such sale, and the payment of any balance of the sale price to be paid. In the event of the failure of such purchaser to pay any part of the purchase price remaining to be paid within 10 days after the confirmation of such sale, the amount so deposited shall be forfeited and paid to the parties who would be entitled to the proceeds of such sale as ordered by the court, and a resale shall be had of said premises, and in such event such deed so executed to the defaulting purchaser shall be destroyed by said clerk, and shall be of no effect. In the event that such sale is not confirmed by the court, the clerk shall forthwith refund to the purchaser at such sale the amount so paid or deposited by the purchaser, and shall likewise destroy such sheriff's deed so executed, and the same shall be of no effect, and a resale of the premises shall be had upon due notice thereof.
Section
115
.
Nonstatutory provisions.
(1)
Certain Milwaukee County property.
As soon as practicable, Milwaukee County shall transfer, unencumbered, to a district created under subchapter II of chapter 229 of the statutes, the property known as 929 North Water Street, Milwaukee, Wisconsin, which is bounded by the Milwaukee River on the west; East State Street on the north; North Water Street on the east; and East Kilbourn Avenue on the south. The transfer shall take effect upon the adoption of a resolution requesting the transfer by the board of directors under section 229.41 (2) of the statutes and a written proclamation of the Milwaukee County executive supporting the transfer, notwithstanding any policies issued, ordinances enacted, or resolutions adopted by the Milwaukee County board to the contrary. The transfer may take place without the approval of the Milwaukee County board.
(2m)
Foreclosure process in populous counties.
The treatment of sections 846.16 (1) and (3), 846.167, and 846.17 of the statutes first applies to a foreclosure action commenced on the effective date of this subsection.
Section
116
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1)
Payment to Bradley Center Sports and Entertainment Corporation.
The repeal of sections 16.004 (22) and 20.855 (4) (cy) of the statutes takes effect on June 30, 2017.
(2d)
Shared revenue.
The repeal and recreation of section 79.035 (5) of the statutes and the repeal of section 79.035 (6) of the statutes take effect on June 30, 2036.
(2m)
Foreclosure process in populous counties.
The treatment of sections 846.16 (1) and (3), 846.167, and 846.17 of the statutes and
Section
115 (2m) of this act take effect on the first day of the 5th month beginning after publication.
(3)
Payment to a local exposition district.
The repeal of sections 16.004 (21) and 20.855 (4) (cr) and (dr) of the statutes takes effect on June 30, 2036.
