Amendment SSA1-AB438

AB438-SSA1,13,23 229.64 Legislative declaration. 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 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.

AB438-SSA1,23 Section 23. 229.64 (2) of the statutes is repealed.

AB438-SSA1,24 Section 24. 229.65 (1) of the statutes is amended to read:

AB438-SSA1,14,6 229.65 (1) “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.

AB438-SSA1,25 Section 25 . 229.65 (6m) of the statutes is created to read:

AB438-SSA1,14,12 229.65 (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].

AB438-SSA1,26 Section 26. 229.65 (7) of the statutes is repealed.

AB438-SSA1,27 Section 27 . 229.66 (2) (a) of the statutes is amended to read:

AB438-SSA1,14,21 229.66 (2) (a) A number of persons equal to the number of counties within the jurisdiction of the district plus one, chairperson and three others, all of whom must be state residents, appointed by the governor. At least one of the persons appointed by the governor shall reside within each county that is within the jurisdiction of the district. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by the senate.

AB438-SSA1,28 Section 28. 229.66 (2) (b) of the statutes is amended to read:

AB438-SSA1,15,4 229.66 (2) (b) Two persons One person, who must be a state resident, appointed by the governor from a list containing the names of not fewer than 3 persons provided by the chief executive officer of the most populous county within the jurisdiction of the district, who shall serve at the pleasure of the chief executive officer governor. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by a majority of the members-elect of the county board.

AB438-SSA1,29 Section 29 . 229.66 (2) (bm) of the statutes is created to read:

AB438-SSA1,15,7 229.66 (2) (bm) Three persons appointed by the majority leader of the senate, all of whom must be state residents.

AB438-SSA1,30 Section 30 . 229.66 (2) (c) of the statutes is repealed.

AB438-SSA1,31 Section 31 . 229.66 (2) (cm) of the statutes is created to read:

AB438-SSA1,15,11 229.66 (2) (cm) Three persons appointed by the speaker of the assembly, all of whom must be state residents.

AB438-SSA1,32 Section 32. 229.66 (2) (g) of the statutes is amended to read:

AB438-SSA1,15,20 229.66 (2) (g) One person, who must be a state resident, appointed by the governor from a list containing the names of not fewer than 3 persons provided by the mayor of the most populous 1st class city within the jurisdiction of a the district or if that city is organized under subch. I of ch. 64, the president of the council of that city, who shall serve at the pleasure of the mayor governor. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by a majority of the members-elect of the common council or council.

AB438-SSA1,33 Section 33. 229.66 (2) (gm) of the statutes is created to read:

AB438-SSA1,16,4 229.66 (2) (gm) One person, who must be a state resident and who may not be an employee of the state or of a professional baseball team that leases baseball park facilities constructed under this subchapter as its home facilities, appointed by the governor from a list containing the names of not fewer than 3 persons provided by the professional baseball team. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification. With respect to any of the following, a person appointed under this paragraph may not participate in any nonpublic meeting of the board or vote:

AB438-SSA1,16,5 1. Approving or amending the lease specified in s. 229.6802 (1).

AB438-SSA1,16,7 2. Approving or amending the nonrelocation agreement specified in s. 229.6802 (2).

AB438-SSA1,16,9 3. Approving or amending a lease or sublease other than specified under subd. 1. or 2. between the district and the professional baseball team.

AB438-SSA1,16,10 4. Obtaining or accepting a loan under s. 16.09 (5).

AB438-SSA1,16,11 5. Retaining a 3rd-party negotiator under s. 229.6802 (3).

AB438-SSA1,16,12 6. A dispute between the district and the professional baseball team.

AB438-SSA1,34 Section 34. 229.66 (3) of the statutes is repealed and recreated to read:

AB438-SSA1,16,15 229.66 (3) (a) Upon appointment under sub. (2), the appointing authorities shall certify the appointees to the secretary of administration.

AB438-SSA1,16,16 (b) The terms of office of the district board members are as follows:

AB438-SSA1,16,19 1. For the chairperson and other persons appointed under sub. (2) (a), 4 years, except that the initial term of office for the initial chairperson appointee and one of the 3 other initial appointees, as designated by the governor, is 2 years.

AB438-SSA1,16,22 2. For the persons appointed under sub. (2) (bm) and (cm), 4 years, except that the initial term of office of one of the 3 initial appointees under each of those paragraphs is 2 years, as designated by the appointing authority.

AB438-SSA1,16,23 3. For the persons appointed under sub. (2) (b), (g), and (gm), 4 years.

AB438-SSA1,16,25 (c) Notwithstanding s. 17.07 (3), persons appointed under sub. (2) may be removed from the district board by the appointing authority at pleasure.

AB438-SSA1,17,3 (d) 1. Vacancies for persons appointed under sub. (2) shall be filled by the appointing authority who appointed the person whose office is vacant using the procedure provided under sub. (2) for that position.

AB438-SSA1,17,5 2. A person appointed to fill a vacancy under subd. 1. shall serve for the remainder of the term to which he or she is appointed.

AB438-SSA1,35 Section 35. 229.66 (4) of the statutes is amended to read:

AB438-SSA1,17,14 229.66 (4) The governor shall select the chairperson of the district board and the district board shall elect from its membership a vice chairperson, a secretary and a treasurer. A majority of the current membership of the district board constitutes a quorum to do business. The Unless otherwise provided by law, the district may take action based on the affirmative vote of a majority of those directors who are present at a meeting of the district board. Except in the case of exigent or emergency circumstances that make an in-person meeting impracticable, all meetings of the district board shall be in person.

AB438-SSA1,36 Section 36 . 229.67 of the statutes is amended to read:

AB438-SSA1,17,24 229.67 Jurisdiction. A district's jurisdiction is any county with a population of more than 600,000 and all counties that are contiguous to that county and that are not already included in a different district. Once created, a 750,000 that is the site of baseball park facilities that are home to a professional baseball team. 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 the county decreases below 750,001.

AB438-SSA1,37 Section 37 . 229.68 (intro.) of the statutes is amended to read:

AB438-SSA1,18,8 229.68 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), if such an obligation could not be paid out of the district's revenues or assets once the tax under s. 77.707 (1) 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:

AB438-SSA1,38 Section 38 . 229.68 (4) (b) of the statutes is amended to read:

AB438-SSA1,18,13 229.68 (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 or sublease that does not receive the affirmative vote of a supermajority majority of all current members appointed to the district board and eligible to vote on the matter.

AB438-SSA1,39 Section 39 . 229.68 (4) (d) of the statutes is amended to read:

AB438-SSA1,19,7 229.68 (4) (d) Enter into contracts, subject to this paragraph and 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. For a contract, the estimated cost of which exceeds $200,000, the district shall issue a request for proposals or other procurement document to solicit proposals. The district board may award any such contract for any combination or division of work it designates and may consider any factors in. In awarding a contract, including the district board shall consider price,; time for completion of work and; qualifications and past performance of a contractor; contractor responsiveness; contractor eligibility in accordance with any request for proposals or other procurement document; the results of applicable inspections and tests; and performance standards established by the board, including with respect to quality and workmanship. The district shall determine the most advantageous proposal from a responsible and responsive offeror taking into consideration only the factors under this paragraph and the evaluation criteria set forth in any request for proposals or other procurement document. The district shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals or other procurement document.

AB438-SSA1,40 Section 40. 229.68 (7) of the statutes is amended to read:

AB438-SSA1,19,10 229.68 (7) Mortgage Subject to s. 229.682 (10), mortgage, pledge, or otherwise encumber the district's property or funds.

AB438-SSA1,41 Section 41. 229.68 (8) (d) of the statutes is created to read:

AB438-SSA1,19,13 229.68 (8) (d) The bonds are issued before the effective date of this paragraph .... [LRB inserts date].

AB438-SSA1,42 Section 42. 229.68 (8m) of the statutes is created to read:

AB438-SSA1,19,18 229.68 (8m) Obtain loans under s. 16.09 (5) for purposes described under s. 229.687 (2). Any moneys borrowed or accepted under this subsection shall be deposited into the baseball park facilities improvement segregated fund under s. 229.687.

AB438-SSA1,43 Section 43 . 229.68 (9) of the statutes is amended to read:

AB438-SSA1,19,23 229.68 (9) Maintain funds and invest the funds in any investment that the district board considers appropriate. After the effective date of this subsection .... [LRB inserts date], to the extent feasible, a district shall contract with the investment board to invest funds held in trust under this subchapter.

AB438-SSA1,44 Section 44. 229.68 (11) of the statutes is repealed.

AB438-SSA1,45 Section 45 . 229.68 (12) of the statutes is amended to read:

AB438-SSA1,20,3 229.68 (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.

AB438-SSA1,46 Section 46 . 229.68 (13) of the statutes is amended to read:

AB438-SSA1,20,7 229.68 (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.

AB438-SSA1,47 Section 47 . 229.68 (15) of the statutes is repealed.

AB438-SSA1,48 Section 48. 229.68 (16) (intro.) of the statutes is amended to read:

AB438-SSA1,20,11 229.68 (16) (intro.) Accept Subject to s. 229.682 (10) accept gifts, loans, grants, and other aid, which may be used only for the following purposes:

AB438-SSA1,49 Section 49. 229.68 (16) (a) of the statutes is amended to read:

AB438-SSA1,20,14 229.68 (16) (a) Retiring the bonds or other debt used to develop, construct the, improve, repair, or maintain baseball park facilities.

AB438-SSA1,50 Section 50. 229.6802 of the statutes is created to read:

AB438-SSA1,20,18 229.6802 Lease and nonrelocation agreements required. The grant under s. 16.09 (3) may not be awarded unless the secretary of administration determines that all of the following apply:

AB438-SSA1,20,20 (1) Lease. The district has entered into a customary lease arrangement with a professional baseball team that satisfies all of the following:

AB438-SSA1,20,21 (a) Has a standard term that expires no earlier than December 31, 2050.

AB438-SSA1,20,24 (b) Requires the professional baseball team to make at least 27 annual deposits in the amount of $300,000 into the baseball park facilities improvement segregated fund under s. 229.687 beginning in 2024.

AB438-SSA1,21,4 (c) In addition to the deposits under par. (b), requires the professional baseball team to make at least 27 annual deposits in the amount of $1,851,852 into the baseball park facilities improvement segregated fund under s. 229.687 beginning in 2024.

AB438-SSA1,21,10 (d) In addition to the deposits under pars. (b) and (c), requires the professional baseball team to make at least 22 annual rental payments in the amount of $1,208,401 to the district beginning in 2024 and to make at least 5 annual rental payments in the amount of $3,208,401 to the district beginning in 2046, of which the district shall deposit not less than $2,000,000 of each such payment into the baseball park facilities improvement segregated fund under s. 229.687.

AB438-SSA1,21,17 (e) In addition to the deposits and payments under pars. (b), (c), and (d), requires the professional baseball team, or a 3rd party on the professional baseball team's behalf, to make financial contributions in connection with the development, construction, improvement, repair, and maintenance of the baseball park facilities during the term of the lease in an amount that totals $50,000,000, of which $25,000,000 must be so contributed before January 1, 2037, and requires the team to regularly report to the district all expenditures under this paragraph.

AB438-SSA1,22,2 (f) Requires the professional baseball team, upon expiration of the lease or upon termination of the lease as a result of breach by the professional baseball team, to disclaim any interest in moneys of the baseball park facilities improvement segregated fund under s. 229.687 and, upon request of the district, convey and transfer to the district for consideration not to exceed $1 all of the professional baseball team's right and title to the baseball park facilities, except for ancillary improvements constructed or developed by the professional baseball team after the effective date of this paragraph .... [LRB inserts date], without financial contribution from the state or the district.

AB438-SSA1,22,8 (2) Nonrelocation agreement. The district has entered into a nonrelocation agreement with the professional baseball team that, except as required by the league of professional baseball teams of which the team is a member, requires the professional baseball team to play all of its home games at the baseball park facilities and prohibits the professional baseball team from relocating until expiration or termination of the lease according to its terms.

AB438-SSA1,22,12 (3) Third-party negotiator. The district has contracted with a 3rd party approved by a two-thirds vote of all current members appointed to the board and eligible to vote on the matter to represent the district in connection with negotiation of the lease and nonrelocation agreements under this section.

AB438-SSA1,51 Section 51. 229.6805 of the statutes is created to read:

AB438-SSA1,22,21 229.6805 Facility management. During the term of any lease between the district and a professional baseball team with respect to baseball park facilities, the district shall, at the district's expense, contract with a facility management company or employ an executive director with expertise in managing and operating professional sports facilities and venues similar to the baseball park facilities. The contract shall require the facility management company or executive director to have primary responsibility to manage and supervise the development, construction, improvement, repair, and maintenance of the baseball park facilities.

AB438-SSA1,52 Section 52 . 229.682 (1) of the statutes is amended to read:

AB438-SSA1,23,2 229.682 (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.

AB438-SSA1,53 Section 53. 229.682 (3) of the statutes is repealed.

AB438-SSA1,54 Section 54. 229.682 (4) of the statutes is amended to read:

AB438-SSA1,23,11 229.682 (4) Special ticket provisions. A major league professional baseball team that uses as its home field baseball park facilities that are developed, constructed, improved, repaired, or maintained 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 in each of April, May, June, July, August, and September as a discount ticket day for that county, for which residents of that county the state may purchase discounted admission tickets.

AB438-SSA1,55 Section 55 . 229.682 (7) of the statutes is amended to read:

AB438-SSA1,23,19 229.682 (7) Youth sports organizations. A major league professional baseball team that uses as its home field baseball park facilities that are developed, constructed, improved, repaired, or maintained under this subchapter shall make an annual contribution of at least $20,000 $40,000 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.

AB438-SSA1,56 Section 56. 229.682 (9) of the statutes is created to read:

AB438-SSA1,23,25 229.682 (9) Capital spending limitations. After 2045, the district may not initiate any capital project that has an expected life span that exceeds the remaining term of the lease arrangement with a professional baseball team with respect to the district's baseball park facilities. This subsection does not restrict any of the following capital spending:

AB438-SSA1,24,3 (a) An amount that does not exceed the amount of the professional baseball team's deposits under s. 229.6802 (1) (b) and (c) after 2045 into the baseball park facilities improvement segregated fund under s. 229.687.

AB438-SSA1,24,8 (b) For purposes related to maintaining the safety of the baseball park facilities or the improvement, repair, maintenance, or replacement of the components and systems necessary to operate the baseball park facilities or to comply with applicable law, insurance requirements, or standards imposed by the professional baseball league of which the professional baseball team is a member.

AB438-SSA1,57 Section 57. 229.682 (10) of the statutes is created to read:

AB438-SSA1,24,16 229.682 (10) Borrowing limitations. After the effective date of this subsection .... [LRB inserts date], the district may not borrow moneys except as provided under s. 229.68 (8m). Notwithstanding anything in this subsection to the contrary, nothing in this subsection precludes the district from entering into long-term performance or service contracts, capital leases, lease purchase agreements utilizing 3rd-party financing, or similar arrangements with respect to the equipping, repair, maintenance, or improvement of baseball park facilities.