§ 13-3108 — Sports Arena Facility Support Fund; created; investment; State Treasurer; duties; state assistance; amount; use; limitations

Nebraska § 13-3108

• Jurisdiction: Nebraska
• Ch. 13: Cities, Counties, and Other Political Subdivisions

Text

(1) The Sports Arena Facility Support Fund is created. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(2)(a) Upon receiving the certification described in subsection (3) of section 13-3107 , the State Treasurer shall transfer the amount certified to the fund.
(b) Upon receiving the quarterly certification described in subsection (4) of section 13-3107 , the State Treasurer shall transfer the amount certified to the fund.
(3)(a) It is the intent of the Legislature to appropriate from the fund money to be distributed as provided in subsections (4) and (5) of this section to any political subdivision for which an application for state assistance under the Sports Arena Facility Financing Assistance Act has been approved an amount not to exceed:
(i) For any eligible sports arena facility that is not a sports complex located in a city of the second class or village, seventy percent of the (A) state sales tax revenue collected by retailers doing business at eligible sports arena facilities on sales at such facilities, (B) state sales tax revenue collected on primary and secondary box office sales of admissions to such facilities, and (C) new state sales tax revenue collected by nearby retailers and sourced under sections 77-2703.01 to 77-2703.04 to the program area; or
(ii) For any eligible sports arena facility that is a sports complex located in a city of the second class or village, twenty-five percent of the (A) state sales tax revenue collected by retailers doing business at eligible sports arena facilities on sales at such facilities, (B) state sales tax revenue collected on primary and secondary box office sales of admissions to such facilities, and (C) new state sales tax revenue collected by nearby retailers and sourced under sections 77-2703.01 to 77-2703.04 to the program area.
(b) The amount to be appropriated for distribution as state assistance to a political subdivision under this subsection for any one year after the tenth year shall not exceed the highest such amount appropriated under subdivision (3)(a) of this section during any one year of the first ten years of such appropriation. If seventy percent of the state sales tax revenue as described in subdivision (3)(a) of this section exceeds the amount to be appropriated under this subdivision, such excess funds shall be transferred to the General Fund. This subdivision does not apply to any eligible sports arena facility that is a sports complex located in a city of the second class or village.
(4) The amount certified under subsection (3) of section 13-3107 shall be distributed as state assistance on or before April 15, 2014.
(5) Beginning in 2014, quarterly distributions and associated transfers of state assistance shall be made. Such quarterly distributions and transfers shall be based on the certifications provided under subsection (4) of section 13-3107 and shall occur within fifteen days after receipt of such certification.
(6)(a) Except as provided in subdivision (6)(b) of this section, the total amount of state assistance approved for an eligible sports arena facility shall not exceed one hundred million dollars.
(b) For any eligible sports arena facility that is a large public stadium:
(i) The total amount of state assistance approved for such facility shall not exceed twenty-five million dollars;
(ii) The amount of state assistance approved for such facility for any year shall not exceed one million two hundred fifty thousand dollars; and
(iii) No state assistance for any large public stadium shall be paid until after July 1, 2027.
(7)(a) Except as provided in subdivisions (b), (c), and (d) of this subsection, state assistance to the political subdivision shall no longer be available upon the retirement of the bonds issued to acquire, construct, improve, or equip the facility or any subsequent bonds that refunded the original issue or when state assistance reaches the amount determined under subdivision (6)(a) of this section, whichever comes first.
(b) If the state assistance will be used to provide funding for promotion of the arts and cultural events or for promotion of sporting events, such state assistance to the political subdivision shall no longer be available after ten years of funding or when state assistance reaches the amount determined under subdivision (6)(a) of this section, whichever comes first.
(c) If the state assistance will be used to provide funding for a sports complex located in a city of the second class or village, such state assistance to the political subdivision shall no longer be available after five years of funding or when state assistance reaches the amount determined under subdivision (6)(a) of this section, whichever comes first.
(d) If the state assistance will be used to provide funding for a large public stadium, such state assistance to the political subdivision shall no longer be available after twenty years of funding or when state assistance reaches the amount determined under subdivision (6)(b)(i) of this section, whichever comes first.
(8) State assistance shall not be used for an operating subsidy for any publicly owned eligible sports arena facility or nearby parking facility.
(9) The thirty percent of state sales tax revenue remaining after the appropriation and transfer in subdivision (3)(a)(i) of this section shall be appropriated by the Legislature and transferred quarterly as follows:
(a) If the revenue relates to an eligible sports arena facility that is a sports complex and that is approved for state assistance under section 13-3106 on or after May 26, 2021, eighty-three percent of such revenue shall be transferred to the Support the Arts Cash Fund and seventeen percent of such revenue shall be transferred to the Convention Center Support Fund; and
(b) If the revenue relates to any other eligible sports arena facility, such revenue shall be transferred to the Civic and Community Center Financing Fund.
(10) The seventy-five percent of state sales tax revenue remaining after the appropriation and transfer in subdivision (3)(a)(ii) of this section shall be distributed in accordance with section 77-27,132 .
(11) Except as provided in subsection (12) of this section for a city of the primary class, any municipality that has applied for and received a grant of assistance under the Civic and Community Center Financing Act shall not receive state assistance under the Sports Arena Facility Financing Assistance Act for the same project for which the grant was awarded under the Civic and Community Center Financing Act.
(12) A city of the primary class shall not be eligible to receive a grant of assistance from the Civic and Community Center Financing Act if the city has applied for and received a grant of assistance under the Sports Arena Facility Financing Assistance Act.

Legislative History

Source: Laws 2010, LB779, § 14; Laws 2011, LB297, § 9; Laws 2012, LB426, § 2; Laws 2014, LB867, § 3; Laws 2015, LB170, § 1; Laws 2016, LB884, § 10; Laws 2021, LB39, § 7; Laws 2022, LB927, § 9; Laws 2023, LB727, § 28; Laws 2024, LB1197, § 6; Laws 2024, LB1317, § 54. Cross References: Civic and Community Center Financing Act, see section 13-2701. Nebraska Capital Expansion Act, see section 72-1269. Nebraska State Funds Investment Act, see section 72-1260.