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AB438-SSA1,36 15Section 36 . 229.67 of the statutes is amended to read:
AB438-SSA1,17,24 16229.67 Jurisdiction. A district's jurisdiction is any county with a population
17of more than 600,000 and all counties that are contiguous to that county and that are
18not already included in a different district. Once created, a
750,000 that is the site
19of baseball park facilities that are home to a professional baseball team. A
district's
20jurisdiction is fixed even if the population of other counties within the district
21subsequently exceeds
600,000. Once a county is included in a district's jurisdiction
22the county remains in the district until the district is dissolved under s. 229.71. In
23this section, “contiguous" includes a county that touches another county only at a
24corner
the county decreases below 750,001.
AB438-SSA1,37 25Section 37 . 229.68 (intro.) of the statutes is amended to read:
AB438-SSA1,18,8
1229.68 Powers of a district. (intro.) A district has all of the powers necessary
2or convenient to carry out the purposes and provisions of this subchapter, except that
3it may not incur any new obligations after the date on which the district may no
4longer collect the tax under s. 77.707 (1), if such an obligation could not be paid out
5of the district's revenues or assets once the tax under s. 77.707 (1) is no longer
6collected
. The district may not incur costs or any obligations for signage related to
7a change in naming rights for the baseball park facilities. In addition to all other
8powers granted by this subchapter, a district may do all of the following:
AB438-SSA1,38 9Section 38 . 229.68 (4) (b) of the statutes is amended to read:
AB438-SSA1,18,1310 229.68 (4) (b) Acquire; lease, as lessor or lessee; authorize the sublease of; use;
11or transfer property; except that the district may not enter into any lease or sublease
12that does not receive the affirmative vote of a supermajority majority of all current
13members appointed to
the district board and eligible to vote on the matter.
AB438-SSA1,39 14Section 39 . 229.68 (4) (d) of the statutes is amended to read:
AB438-SSA1,19,715 229.68 (4) (d) Enter into contracts, subject to this paragraph and such
16standards as may be established by the district board, which standards may include
17approval by a professional baseball team pursuant to the terms of a lease with the
18district. For a contract, the estimated cost of which exceeds $200,000, the district
19shall issue a request for proposals or other procurement document to solicit
20proposals
. The district board may award any such contract for any combination or
21division of work it designates and may consider any factors in. In awarding a
22contract, including the district board shall consider price,; time for completion of
23work and; qualifications and past performance of a contractor; contractor
24responsiveness; contractor eligibility in accordance with any request for proposals
25or other procurement document; the results of applicable inspections and tests; and

1performance standards established by the board, including with respect to quality
2and workmanship. The district shall determine the most advantageous proposal
3from a responsible and responsive offeror taking into consideration only the factors
4under this paragraph and the evaluation criteria set forth in any request for
5proposals or other procurement document. The district shall award the contract by
6written notice to the selected offeror within the time for acceptance specified in the
7request for proposals or other procurement document
.
AB438-SSA1,40 8Section 40. 229.68 (7) of the statutes is amended to read:
AB438-SSA1,19,109 229.68 (7) Mortgage Subject to s. 229.682 (10), mortgage, pledge, or otherwise
10encumber the district's property or funds.
AB438-SSA1,41 11Section 41. 229.68 (8) (d) of the statutes is created to read:
AB438-SSA1,19,1312 229.68 (8) (d) The bonds are issued before the effective date of this paragraph
13.... [LRB inserts date].
AB438-SSA1,42 14Section 42. 229.68 (8m) of the statutes is created to read:
AB438-SSA1,19,1815 229.68 (8m) Obtain loans under s. 16.09 (5) for purposes described under s.
16229.687 (2). Any moneys borrowed or accepted under this subsection shall be
17deposited into the baseball park facilities improvement segregated fund under s.
18229.687.
AB438-SSA1,43 19Section 43 . 229.68 (9) of the statutes is amended to read:
AB438-SSA1,19,2320 229.68 (9) Maintain funds and invest the funds in any investment that the
21district board considers appropriate. After the effective date of this subsection ....
22[LRB inserts date], to the extent feasible, a district shall contract with the
23investment board to invest funds held in trust under this subchapter.
AB438-SSA1,44 24Section 44. 229.68 (11) of the statutes is repealed.
AB438-SSA1,45 25Section 45 . 229.68 (12) of the statutes is amended to read:
AB438-SSA1,20,3
1229.68 (12) Set standards governing the use of, and the conduct within, its the
2baseball park facilities in order to promote public safety and convenience and to
3maintain order.
AB438-SSA1,46 4Section 46 . 229.68 (13) of the statutes is amended to read:
AB438-SSA1,20,75 229.68 (13) Establish and collect fees, and establish shared revenue
6arrangements or other charges for the use of its the baseball park facilities or for
7services rendered by the district.
AB438-SSA1,47 8Section 47 . 229.68 (15) of the statutes is repealed.
AB438-SSA1,48 9Section 48. 229.68 (16) (intro.) of the statutes is amended to read:
AB438-SSA1,20,1110 229.68 (16) (intro.) Accept Subject to s. 229.682 (10) accept gifts, loans, grants,
11and other aid, which may be used only for the following purposes:
AB438-SSA1,49 12Section 49. 229.68 (16) (a) of the statutes is amended to read:
AB438-SSA1,20,1413 229.68 (16) (a) Retiring the bonds or other debt used to develop, construct the,
14improve, repair, or maintain
baseball park facilities.
AB438-SSA1,50 15Section 50. 229.6802 of the statutes is created to read:
AB438-SSA1,20,18 16229.6802 Lease and nonrelocation agreements required. The grant
17under s. 16.09 (3) may not be awarded unless the secretary of administration
18determines that all of the following apply:
AB438-SSA1,20,20 19(1) Lease. The district has entered into a customary lease arrangement with
20a professional baseball team that satisfies all of the following:
AB438-SSA1,20,2121 (a) Has a standard term that expires no earlier than December 31, 2050.
AB438-SSA1,20,2422 (b) Requires the professional baseball team to make at least 27 annual deposits
23in the amount of $300,000 into the baseball park facilities improvement segregated
24fund under s. 229.687 beginning in 2024.
AB438-SSA1,21,4
1(c) In addition to the deposits under par. (b), requires the professional baseball
2team to make at least 27 annual deposits in the amount of $1,851,852 into the
3baseball park facilities improvement segregated fund under s. 229.687 beginning in
42024.
AB438-SSA1,21,105 (d) In addition to the deposits under pars. (b) and (c), requires the professional
6baseball team to make at least 22 annual rental payments in the amount of
7$1,208,401 to the district beginning in 2024 and to make at least 5 annual rental
8payments in the amount of $3,208,401 to the district beginning in 2046, of which the
9district shall deposit not less than $2,000,000 of each such payment into the baseball
10park facilities improvement segregated fund under s. 229.687.
AB438-SSA1,21,1711 (e) In addition to the deposits and payments under pars. (b), (c), and (d),
12requires the professional baseball team, or a 3rd party on the professional baseball
13team's behalf, to make financial contributions in connection with the development,
14construction, improvement, repair, and maintenance of the baseball park facilities
15during the term of the lease in an amount that totals $50,000,000, of which
16$25,000,000 must be so contributed before January 1, 2037, and requires the team
17to regularly report to the district all expenditures under this paragraph.
AB438-SSA1,22,218 (f) Requires the professional baseball team, upon expiration of the lease or upon
19termination of the lease as a result of breach by the professional baseball team, to
20disclaim any interest in moneys of the baseball park facilities improvement
21segregated fund under s. 229.687 and, upon request of the district, convey and
22transfer to the district for consideration not to exceed $1 all of the professional
23baseball team's right and title to the baseball park facilities, except for ancillary
24improvements constructed or developed by the professional baseball team after the

1effective date of this paragraph .... [LRB inserts date], without financial contribution
2from the state or the district.
AB438-SSA1,22,8 3(2) Nonrelocation agreement. The district has entered into a nonrelocation
4agreement with the professional baseball team that, except as required by the league
5of professional baseball teams of which the team is a member, requires the
6professional baseball team to play all of its home games at the baseball park facilities
7and prohibits the professional baseball team from relocating until expiration or
8termination of the lease according to its terms.
AB438-SSA1,22,12 9(3) Third-party negotiator. The district has contracted with a 3rd party
10approved by a two-thirds vote of all current members appointed to the board and
11eligible to vote on the matter to represent the district in connection with negotiation
12of the lease and nonrelocation agreements under this section.
AB438-SSA1,51 13Section 51. 229.6805 of the statutes is created to read:
AB438-SSA1,22,21 14229.6805 Facility management. During the term of any lease between the
15district and a professional baseball team with respect to baseball park facilities, the
16district shall, at the district's expense, contract with a facility management company
17or employ an executive director with expertise in managing and operating
18professional sports facilities and venues similar to the baseball park facilities. The
19contract shall require the facility management company or executive director to have
20primary responsibility to manage and supervise the development, construction,
21improvement, repair, and maintenance of the baseball park facilities.
AB438-SSA1,52 22Section 52 . 229.682 (1) of the statutes is amended to read:
AB438-SSA1,23,223 229.682 (1) Gifts and donations. The district board shall explore and consider
24ways to solicit and encourage gifts and donations for the development, construction,

1improvement, repair, and maintenance
of baseball park facilities and, to the extent
2feasible, implement means to solicit such gifts and donations.
AB438-SSA1,53 3Section 53. 229.682 (3) of the statutes is repealed.
AB438-SSA1,54 4Section 54. 229.682 (4) of the statutes is amended to read:
AB438-SSA1,23,115 229.682 (4) Special ticket provisions. A major league professional baseball
6team that uses as its home field baseball park facilities that are developed,
7constructed, improved, repaired, or maintained under this subchapter shall
8annually designate, for each county that is in the district's jurisdiction, at least one
9of the team's home games in each of April, May, June, July, August, and September
10as a discount ticket day for that county, for which residents of that county the state
11may purchase discounted admission tickets.
AB438-SSA1,55 12Section 55 . 229.682 (7) of the statutes is amended to read:
AB438-SSA1,23,1913 229.682 (7) Youth sports organizations. A major league professional baseball
14team that uses as its home field baseball park facilities that are developed,
15constructed, improved, repaired, or maintained under this subchapter shall make an
16annual contribution of at least $20,000 $40,000 to youth sports organizations in this
17state for the purchase of equipment or the rental or maintenance of athletic facilities
18that are used by such organizations. The contributions that are required under this
19subsection may be made in cash or equipment.
AB438-SSA1,56 20Section 56. 229.682 (9) of the statutes is created to read:
AB438-SSA1,23,2521 229.682 (9) Capital spending limitations. After 2045, the district may not
22initiate any capital project that has an expected life span that exceeds the remaining
23term of the lease arrangement with a professional baseball team with respect to the
24district's baseball park facilities. This subsection does not restrict any of the
25following capital spending:
AB438-SSA1,24,3
1(a) An amount that does not exceed the amount of the professional baseball
2team's deposits under s. 229.6802 (1) (b) and (c) after 2045 into the baseball park
3facilities improvement segregated fund under s. 229.687.
AB438-SSA1,24,84 (b) For purposes related to maintaining the safety of the baseball park facilities
5or the improvement, repair, maintenance, or replacement of the components and
6systems necessary to operate the baseball park facilities or to comply with applicable
7law, insurance requirements, or standards imposed by the professional baseball
8league of which the professional baseball team is a member.
AB438-SSA1,57 9Section 57. 229.682 (10) of the statutes is created to read:
AB438-SSA1,24,1610 229.682 (10) Borrowing limitations. After the effective date of this subsection
11.... [LRB inserts date], the district may not borrow moneys except as provided under
12s. 229.68 (8m). Notwithstanding anything in this subsection to the contrary, nothing
13in this subsection precludes the district from entering into long-term performance
14or service contracts, capital leases, lease purchase agreements utilizing 3rd-party
15financing, or similar arrangements with respect to the equipping, repair,
16maintenance, or improvement of baseball park facilities.
AB438-SSA1,58 17Section 58. 229.682 (11) of the statutes is created to read:
AB438-SSA1,24,1918 229.682 (11) Bonding limitations. Except as provided in s. 229.68 (8), the
19district may not issue bonds.
AB438-SSA1,59 20Section 59. 229.682 (12) of the statutes is created to read:
AB438-SSA1,25,321 229.682 (12) Ticket surcharge. (a) Except as provided in par. (b), the district
22board shall require that the sponsor of an event held at the baseball park facilities
23of the district, other than a baseball game involving a professional baseball team that
24uses the baseball park facilities as its home field, or an exhibition, “All Star,” or other
25similar event involving professional baseball teams or representatives of other

1professional baseball teams that are members of the same league as the professional
2baseball team that uses the baseball park facilities as its home field, impose the
3following ticket surcharges and deliver the surcharge moneys to the district board:
AB438-SSA1,25,44 1. Except as provided in subd. 2., for each ticket that is sold to the event:
AB438-SSA1,25,55 a. From 2024 to 2032, a $2 surcharge.
AB438-SSA1,25,66 b. From 2033 to 2041, a $3 surcharge.
AB438-SSA1,25,77 c. From 2042 to 2050, a $4 surcharge.
AB438-SSA1,25,98 2. For each ticket sold that entitles the holder to access a stadium luxury box
9or suite:
AB438-SSA1,25,1010 a. From 2024 to 2032, an $8 surcharge.
AB438-SSA1,25,1111 b. From 2033 to 2041, a $9 surcharge.
AB438-SSA1,25,1212 c. From 2042 to 2050, a $10 surcharge.
AB438-SSA1,25,1413 (b) No ticket surcharge under par. (a) may be charged for any of the following
14categories of events:
AB438-SSA1,25,1615 1. Events for which the sponsor is a professional baseball team that uses the
16baseball park facilities as its home field.
AB438-SSA1,25,1717 2. Events that are not ticketed.
AB438-SSA1,25,1818 3. Events for which tickets are provided at no charge.
AB438-SSA1,25,2019 4. Events held to benefit or honor military or law enforcement or other
20emergency response personnel.
AB438-SSA1,25,2121 5. Political conventions.
AB438-SSA1,25,2222 6. Charitable events.
AB438-SSA1,25,2423 7. Events for which tickets were made available for presale or sale before the
24effective date of this subdivision .... [LRB inserts date].
AB438-SSA1,26,2
1(c) The district board shall deposit all surcharge moneys received under par.
2(a) into the baseball park facilities improvement segregated fund under s. 229.687.
AB438-SSA1,26,43 (d) Annually, the district board shall certify to the secretary of administration
4the amount of surcharge moneys received under par. (a) in the preceding year.
AB438-SSA1,60 5Section 60. 229.685 (1) of the statutes is amended to read:
AB438-SSA1,26,96 229.685 (1) The district board shall maintain a special fund into which it
7deposits only the revenue received from the department of revenue, that is derived
8from the taxes imposed under subch. V of ch. 77, 2021 stats., and may use this
9revenue only for purposes related to baseball park facilities.
AB438-SSA1,61 10Section 61. 229.685 (3) of the statutes is created to read:
AB438-SSA1,26,1311 229.685 (3) Annually, the district board shall transfer from a fund funded
12under sub. (2) to the baseball park facilities improvement segregated fund under s.
13229.687 not less than all of the following amounts:
AB438-SSA1,26,1414 (a) Through 2039, $2,200,000.
AB438-SSA1,26,1515 (b) The amount deposited under s. 20.395 (5) (ij).
AB438-SSA1,62 16Section 62 . 229.687 of the statutes is created to read:
AB438-SSA1,26,19 17229.687 Baseball park facilities improvement segregated fund. (1) The
18district shall establish and maintain a baseball park facilities improvement
19segregated fund. The fund shall consist of all of the following:
AB438-SSA1,26,2020 (a) Moneys borrowed or accepted and deposited under s. 229.68 (8m).
AB438-SSA1,26,2121 (b) Moneys transferred from other district funds under s. 229.685 (3).
AB438-SSA1,26,2322 (c) Moneys deposited by a county under 229.695 and payments made by the
23department of administration under s. 79.037 (4).
AB438-SSA1,26,2424 (d) Moneys received from the department of administration under s. 16.09.
AB438-SSA1,27,3
1(e) Payments required to be deposited by a professional baseball team under
2a lease agreement, as specified in s. 229.6802 (1) (b) and (c), and the moneys required
3to be deposited by the district under s. 229.6802 (1) (d).
AB438-SSA1,27,44 (f) All income or interest earned by the investment of moneys of the fund.
AB438-SSA1,27,55 (g) Ticket surcharge receipts deposited under s. 229.682 (12) (c).
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