AB438: Bill Text

AB438,,45 (5) An excise tax is imposed on the purchase price for the lease or rental of a motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r), or aircraft at the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.701 in the case of a municipality tax, or at the rate under s. 77.705 or 77.706 in the case of a special district tax upon every person storing, using, or otherwise consuming in the county, municipality, or special district the motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r), or aircraft if that property must be registered or titled with this state and if the lease or rental does not require recurring periodic payments, except that a receipt indicating that the tax under sub. (1) had been paid relieves the purchaser of liability for the tax under this subsection and except that if the purchaser has paid a similar local tax in another state on the same lease or rental of such motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r), or aircraft, that tax shall be credited against the tax under this subsection.

AB438,11 Section 11. 77.76 (4) of the statutes, as affected by 2023 Wisconsin Act 12, is amended to read:

AB438,,47 77.76 (4) There shall be retained by the state 1.5 percent of the taxes collected for taxes imposed by special districts under ss. 77.705 and s. 77.706 and 1.75 percent of the taxes collected for taxes imposed by counties under s. 77.70 and for taxes imposed by municipalities under s. 77.701 to cover costs incurred by the state in administering, enforcing, and collecting the tax. All interest and penalties collected shall be deposited and retained by this state in the general fund.

AB438,12 Section 12. 77.76 (6) of the statutes is repealed.

AB438,13 Section 13. 79.037 (2) (intro.) of the statutes, as created by 2023 Wisconsin Act 12, is amended to read:

AB438,,50 79.037 (2) (intro.) In Subject to any reduction required under sub. (4), in 2024, the department of revenue shall determine the amount of the payments under this section as follows:

AB438,14 Section 14. 79.037 (3) of the statutes, as created by 2023 Wisconsin Act 12, is amended to read:

AB438,,52 79.037 (3) For Subject to any reduction required under sub. (4), for the distribution in 2025 and subsequent years, each county and municipality shall receive a payment under this section equal to the proportion of the total payments from the supplemental county and municipal aid account under s. 25.491 (9) that the county or municipality received in 2024, or if the total of payments received in 2024 by a county or municipality is reduced under sub. (4), the proportion of the total payments from the supplemental county and municipal aid account under s. 25.491 (9) that the county or municipality would have received in 2024 without that reduction, multiplied by the amount for the year in the supplemental county and municipal aid account under s. 25.491 (9).

AB438,15 Section 15. 79.037 (4) of the statutes is created to read:

AB438,,54 79.037 (4) (a) For the distribution in 2024 and subsequent years until 2050, if a county fails to make the full amount of a deposit required under s. 229.695 by July 1, the department of revenue shall reduce the county’s total of payments under this section for that year by the difference between the amount of the deposit required under s. 229.695 and the amount of any deposit made by July 1 of that year and direct the department of administration to pay to the baseball park facilities improvement segregated fund under s. 229.687 the amount of the reduction.

AB438,,55 (b) For the distribution in 2024 and subsequent years until 2050, if a 1st class city fails to make the full amount of a deposit required under s. 229.695 by July 1, the department of revenue shall reduce the 1st class city’s total of payments under this section for that year by the difference between the amount of the deposit required under s. 229.695 and the amount of any deposit made by July 1 of that year and direct the department of administration to pay to the baseball park facilities improvement segregated fund under s. 229.687 the amount of the reduction.

AB438,16 Section 16. 229.64 (1) of the statutes is renumbered 229.64 and amended to read:

AB438,,57 229.64 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.

AB438,17 Section 17. 229.64 (2) of the statutes is repealed.

AB438,18 Section 18. 229.65 (1) of the statutes is amended to read:

AB438,,60 229.65 (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.

AB438,19 Section 19. 229.65 (6m) of the statutes is created to read:

AB438,,62 229.65 (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].

AB438,20 Section 20. 229.65 (7) of the statutes is repealed.

AB438,21 Section 21. 229.66 (2) (a) of the statutes is amended to read:

AB438,,65 229.66 (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.

AB438,22 Section 22. 229.66 (2) (b) of the statutes is repealed.

AB438,23 Section 23. 229.66 (2) (bm) of the statutes is created to read:

AB438,,68 229.66 (2) (bm) Two persons appointed by the majority leader of the senate, both of whom must be state residents.

AB438,24 Section 24. 229.66 (2) (c) of the statutes is repealed.

AB438,25 Section 25. 229.66 (2) (cm) of the statutes is created to read:

AB438,,71 229.66 (2) (cm) Two persons appointed by the speaker of the assembly, both of whom must be state residents.

AB438,26 Section 26. 229.66 (2) (g) of the statutes is repealed.

AB438,27 Section 27. 229.66 (2) (gm) of the statutes is created to read:

AB438,,74 229.66 (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 provided by the professional baseball team. 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. 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,,75 1. Approving or amending the lease specified in s. 229.6802 (1).

AB438,,76 2. Approving or amending the nonrelocation agreement specified in s. 229.6802 (2).

AB438,,77 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,,78 4. Obtaining or accepting a loan under s. 16.09 (5).

AB438,,79 5. Retaining a 3rd-party negotiator under s. 229.6802 (3).

AB438,,80 6. A dispute between the district and the professional baseball team.

AB438,28 Section 28. 229.66 (3) of the statutes is repealed and recreated to read:

AB438,,82 229.66 (3) (a) Upon appointment under sub. (2), the appointing authorities shall certify the appointees to the secretary of administration.

AB438,,83 (b) The terms of office of the district board members are as follows:

AB438,,84 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,,85 2. For the persons appointed under sub. (2) (bm) and (cm), 4 years, except that the initial term of office of one of the 2 initial appointees under each of those paragraphs is 2 years, as designated by the appointing authority.

AB438,,86 3. For the person appointed under sub. (2) (gm), 4 years.

AB438,,87 (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,,88 (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,,89 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.

AB438,29 Section 29. 229.66 (4) of the statutes is amended to read:

AB438,,91 229.66 (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.

AB438,30 Section 30. 229.67 of the statutes is amended to read:

AB438,,93 229.67 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.

AB438,31 Section 31. 229.68 (intro.) of the statutes is amended to read:

AB438,,95 229.68 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:

AB438,32 Section 32. 229.68 (4) (b) of the statutes is amended to read:

AB438,,97 229.68 (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.

AB438,33 Section 33. 229.68 (4) (d) of the statutes is amended to read:

AB438,,99 229.68 (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.

AB438,34 Section 34. 229.68 (7) of the statutes is amended to read:

AB438,,101 229.68 (7) Mortgage Subject to s. 229.682 (10), mortgage, pledge, or otherwise encumber the district’s property or funds.

AB438,35 Section 35. 229.68 (8) (d) of the statutes is created to read:

AB438,,103 229.68 (8) (d) The bonds are issued before the effective date of this paragraph .... [LRB inserts date].

AB438,36 Section 36. 229.68 (8m) of the statutes is created to read:

AB438,,105 229.68 (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.

AB438,37 Section 37. 229.68 (9) of the statutes is amended to read:

AB438,,107 229.68 (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.

AB438,38 Section 38. 229.68 (11) of the statutes is repealed.

AB438,39 Section 39. 229.68 (12) of the statutes is amended to read:

AB438,,110 229.68 (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.

AB438,40 Section 40. 229.68 (13) of the statutes is amended to read:

AB438,,112 229.68 (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.

AB438,41 Section 41. 229.68 (15) of the statutes is repealed.

AB438,42 Section 42. 229.68 (16) (intro.) of the statutes is amended to read:

AB438,,115 229.68 (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:

AB438,43 Section 43. 229.68 (16) (a) of the statutes is amended to read:

AB438,,117 229.68 (16) (a) Retiring the bonds or other debt used to develop, construct the, improve, repair, or maintain baseball park facilities.

AB438,44 Section 44. 229.6802 of the statutes is created to read:

AB438,,119 229.6802 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,,120 (1) Lease. The district has entered into a customary lease arrangement with a professional baseball team that satisfies all of the following:

AB438,,121 (a) Has a standard term that expires no earlier than December 31, 2050.

AB438,,122 (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,,123 (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,,124 (d) In addition to the deposits under pars. (b) and (c), requires the professional baseball team to make at least 27 annual payments in the amount of $1,208,401 to the district beginning in 2024.

AB438,,125 (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,,126 (f) Requires the professional baseball team, upon expiration of the lease or 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,,127 (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,,128 (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.

AB438,45 Section 45. 229.6805 of the statutes is created to read:

AB438,,130 229.6805 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.

AB438,46 Section 46. 229.682 (1) of the statutes is amended to read:

AB438,,132 229.682 (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.

AB438,47 Section 47. 229.682 (3) of the statutes is repealed.