This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB438-SSA1,13,82 79.037 (4) For the distribution in 2024 and subsequent years until 2050, if a
3county fails to make the full amount of a deposit required under s. 229.695 by July
41, the department of revenue shall reduce the county's total of payments under this
5section for that year by the difference between the amount of the deposit required
6under s. 229.695 and the amount of any deposit made by July 1 of that year and direct
7the department of administration to pay to the baseball park facilities improvement
8segregated fund under s. 229.687 the amount of the reduction.
AB438-SSA1,22 9Section 22. 229.64 (1) of the statutes is renumbered 229.64 and amended to
10read:
AB438-SSA1,13,23 11229.64 Legislative declaration. The legislature determines that the
12provision of assistance by state agencies to a district under this subchapter, and any
13appropriation or grant of funds to a district under this subchapter and the moral
14obligation pledge under s. 229.74 (7)
serve a statewide public purpose by assisting
15the development, construction, improvement, repair, and maintenance of a
16professional
baseball park facilities in the state for providing recreation, by
17encouraging economic development and tourism, by preserving business activities
18within the state, by generating additional tax revenues that would not exist without
19the baseball park facilities,
by reducing unemployment, and by bringing needed
20capital into the state for the benefit and welfare of people throughout the state. The
21legislature determines that the taxes that may be imposed by a district under subch.
22V of ch. 77 are special taxes that are generated apart from any direct annual tax on
23taxable property.
AB438-SSA1,23 24Section 23. 229.64 (2) of the statutes is repealed.
AB438-SSA1,24 25Section 24. 229.65 (1) of the statutes is amended to read:
AB438-SSA1,14,6
1229.65 (1) “Baseball park facilities" means property, tangible or intangible,
2owned in whole or in substantial part, operated or leased by a district that is
3principally for the support or performance of professional baseball operations
4including parking lots, garages, restaurants, parks, concession facilities,
5entertainment facilities and transportation facilities, and other functionally related
6or auxiliary facilities or structures.
AB438-SSA1,25 7Section 25 . 229.65 (6m) of the statutes is created to read:
AB438-SSA1,14,128 229.65 (6m) “Professional baseball team” means a baseball team that is a
9member of a league of professional baseball teams that have home stadiums
10approved by the league in at least 10 states and a collective average attendance for
11all league members of at least 10,000 persons per game over the 5 years immediately
12preceding the effective date of this subsection .... [LRB inserts date].
AB438-SSA1,26 13Section 26. 229.65 (7) of the statutes is repealed.
AB438-SSA1,27 14Section 27 . 229.66 (2) (a) of the statutes is amended to read:
AB438-SSA1,14,2115 229.66 (2) (a) A number of persons equal to the number of counties within the
16jurisdiction of the district plus one,
chairperson and three others, all of whom must
17be state residents,
appointed by the governor. At least one of the persons appointed
18by the governor shall reside within each county that is within the jurisdiction of the
19district.
A person appointed under this paragraph may take his or her seat
20immediately upon appointment and qualification, subject to confirmation or
21rejection by the senate
.
AB438-SSA1,28 22Section 28. 229.66 (2) (b) of the statutes is amended to read:
AB438-SSA1,15,423 229.66 (2) (b) Two persons One person, who must be a state resident, appointed
24by the governor from a list containing the names of not fewer than 3 persons provided
25by the
chief executive officer of the most populous county within the jurisdiction of

1the district, who shall serve at the pleasure of the chief executive officer governor.
2A person appointed under this paragraph may take his or her seat immediately upon
3appointment and qualification, subject to confirmation or rejection by a majority of
4the members-elect of the county board
.
AB438-SSA1,29 5Section 29 . 229.66 (2) (bm) of the statutes is created to read:
AB438-SSA1,15,76 229.66 (2) (bm) Three persons appointed by the majority leader of the senate,
7all of whom must be state residents.
AB438-SSA1,30 8Section 30 . 229.66 (2) (c) of the statutes is repealed.
AB438-SSA1,31 9Section 31 . 229.66 (2) (cm) of the statutes is created to read:
AB438-SSA1,15,1110 229.66 (2) (cm) Three persons appointed by the speaker of the assembly, all of
11whom must be state residents.
AB438-SSA1,32 12Section 32. 229.66 (2) (g) of the statutes is amended to read:
AB438-SSA1,15,2013 229.66 (2) (g) One person, who must be a state resident, appointed by the
14governor from a list containing the names of not fewer than 3 persons provided by
15the
mayor of the most populous 1st class city within the jurisdiction of a the district
16or if that city is organized under subch. I of ch. 64, the president of the council of that
17city, who shall serve at the pleasure of the mayor governor. A person appointed under
18this paragraph may take his or her seat immediately upon appointment and
19qualification, subject to confirmation or rejection by a majority of the members-elect
20of the common council or council
.
AB438-SSA1,33 21Section 33. 229.66 (2) (gm) of the statutes is created to read:
AB438-SSA1,16,422 229.66 (2) (gm) One person, who must be a state resident and who may not be
23an employee of the state or of a professional baseball team that leases baseball park
24facilities constructed under this subchapter as its home facilities, appointed by the
25governor from a list containing the names of not fewer than 3 persons provided by

1the professional baseball team. A person appointed under this paragraph may take
2his or her seat immediately upon appointment and qualification. With respect to any
3of the following, a person appointed under this paragraph may not participate in any
4nonpublic meeting of the board or vote:
AB438-SSA1,16,55 1. Approving or amending the lease specified in s. 229.6802 (1).
AB438-SSA1,16,76 2. Approving or amending the nonrelocation agreement specified in s. 229.6802
7(2).
AB438-SSA1,16,98 3. Approving or amending a lease or sublease other than specified under subd.
91. or 2. between the district and the professional baseball team.
AB438-SSA1,16,1010 4. Obtaining or accepting a loan under s. 16.09 (5).
AB438-SSA1,16,1111 5. Retaining a 3rd-party negotiator under s. 229.6802 (3).
AB438-SSA1,16,1212 6. A dispute between the district and the professional baseball team.
AB438-SSA1,34 13Section 34. 229.66 (3) of the statutes is repealed and recreated to read:
AB438-SSA1,16,1514 229.66 (3) (a) Upon appointment under sub. (2), the appointing authorities
15shall certify the appointees to the secretary of administration.
AB438-SSA1,16,1616 (b) The terms of office of the district board members are as follows:
AB438-SSA1,16,1917 1. For the chairperson and other persons appointed under sub. (2) (a), 4 years,
18except that the initial term of office for the initial chairperson appointee and one of
19the 3 other initial appointees, as designated by the governor, is 2 years.
AB438-SSA1,16,2220 2. For the persons appointed under sub. (2) (bm) and (cm), 4 years, except that
21the initial term of office of one of the 3 initial appointees under each of those
22paragraphs is 2 years, as designated by the appointing authority.
AB438-SSA1,16,2323 3. For the persons appointed under sub. (2) (b), (g), and (gm), 4 years.
AB438-SSA1,16,2524 (c) Notwithstanding s. 17.07 (3), persons appointed under sub. (2) may be
25removed from the district board by the appointing authority at pleasure.
AB438-SSA1,17,3
1(d) 1. Vacancies for persons appointed under sub. (2) shall be filled by the
2appointing authority who appointed the person whose office is vacant using the
3procedure provided under sub. (2) for that position.
AB438-SSA1,17,54 2. A person appointed to fill a vacancy under subd. 1. shall serve for the
5remainder of the term to which he or she is appointed.
AB438-SSA1,35 6Section 35. 229.66 (4) of the statutes is amended to read:
AB438-SSA1,17,147 229.66 (4) The governor shall select the chairperson of the district board and
8the district board shall elect from its membership a vice chairperson, a secretary and
9a treasurer. A majority of the current membership of the district board constitutes
10a quorum to do business. The Unless otherwise provided by law, the district may take
11action based on the affirmative vote of a majority of those directors who are present
12at a meeting of the district board. Except in the case of exigent or emergency
13circumstances that make an in-person meeting impracticable, all meetings of the
14district board shall be in person.
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.
Loading...
Loading...