229.6802229.6802 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: 229.6802(1)(1) Lease. The district has entered into a customary lease arrangement with a professional baseball team that satisfies all of the following: 229.6802(1)(a)(a) Has a standard term that expires no earlier than December 31, 2050. 229.6802(1)(b)(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. 229.6802(1)(c)(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. 229.6802(1)(d)(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. 229.6802(1)(e)(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. 229.6802(1)(f)(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 December 7, 2023, without financial contribution from the state or the district. 229.6802(2)(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. 229.6802(3)(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. 229.6802 HistoryHistory: 2023 a. 40. 229.6805229.6805 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. 229.6805 HistoryHistory: 2023 a. 40. 229.682(1)(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. 229.682(4)(4) Special ticket provisions. A 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 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 which residents of the state may purchase discounted admission tickets. 229.682(6)(6) Use of stadium. The district board shall consider during the design review process the utilization of the facility for events in addition to baseball, which are consistent with the program statement and design for the stadium complex, and do not adversely affect the design, construction schedule or budget. 229.682(7)(7) Youth sports organizations. A 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 $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. 229.682(8)(8) Special rental payments. If a district board enters into a lease agreement with a professional baseball team for the rental of baseball park facilities under this subchapter, the lease agreement shall include all of the following: 229.682(8)(a)(a) A provision requiring lessees of sky boxes located in the facilities to pay to the team an amount equivalent to the combined sales tax rates in the jurisdictions in which the facilities are located multiplied by the total of all payments for the rental of the sky boxes. 229.682(8)(b)(b) A provision requiring the team to include amounts received under par. (a) as part of its rental payment to the district. 229.682(9)(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: 229.682(9)(a)(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. 229.682(9)(b)(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. 229.682(10)(10) Borrowing limitations. After December 7, 2023, 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. 229.682(11)(11) Bonding limitations. Except as provided in s. 229.68 (8), the district may not issue bonds. 229.682(12)(a)(a) Except as provided in par. (b), the district board shall require that the sponsor of an event held at the baseball park facilities of the district, other than a baseball game involving a professional baseball team that uses the baseball park facilities as its home field, or an exhibition, “All Star,” or other similar event involving professional baseball teams or representatives of other professional baseball teams that are members of the same league as the professional baseball team that uses the baseball park facilities as its home field, impose the following ticket surcharges and deliver the surcharge moneys to the district board: 229.682(12)(a)1.1. Except as provided in subd. 2., for each ticket that is sold to the event: 229.682(12)(a)2.2. For each ticket sold that entitles the holder to access a stadium luxury box or suite: 229.682(12)(b)(b) No ticket surcharge under par. (a) may be charged for any of the following categories of events: 229.682(12)(b)1.1. Events for which the sponsor is a professional baseball team that uses the baseball park facilities as its home field. 229.682(12)(b)4.4. Events held to benefit or honor military or law enforcement or other emergency response personnel. 229.682(12)(b)7.7. Events for which tickets were made available for presale or sale before December 7, 2023. 229.682(12)(c)(c) The district board shall deposit all surcharge moneys received under par. (a) into the baseball park facilities improvement segregated fund under s. 229.687. 229.682(12)(d)(d) Annually, the district board shall certify to the secretary of administration the amount of surcharge moneys received under par. (a) in the preceding year. 229.685229.685 Special fund tax revenues. 229.685(1)(1) The district board shall maintain a special fund into which it deposits only the revenue received from the department of revenue, that is derived from the taxes imposed under subch. V of ch. 77, 2021 stats., and may use this revenue only for purposes related to baseball park facilities. 229.685(2)(2) If the district board determines that the revenues in the special fund under this section exceed current operating expenses for the operation of baseball park facilities, the district board shall apply the excess to either fund a fund for maintenance costs and capital improvements or to retire bonds issued for the initial construction of baseball park facilities, and any bonds issued to fund or refund those bonds, prior to their maturity. As soon as practicable after the retirement of all bonds issued for the initial construction of baseball park facilities and all bonds issued to fund or refund those bonds and after funding a fund for maintenance costs and capital improvements sufficiently to meet any maintenance or capital improvement obligations between the district and any professional baseball team using baseball park facilities constructed under this subchapter as a home stadium, the district board shall make a certification to the department of revenue and the department of transportation to that effect. 229.685(3)(3) Annually, the district board shall transfer from a fund funded under sub. (2) to the baseball park facilities improvement segregated fund under s. 229.687 not less than all of the following amounts: 229.687229.687 Baseball park facilities improvement segregated fund. 229.687(1)(1) The district shall establish and maintain a baseball park facilities improvement segregated fund. The fund shall consist of all of the following: 229.687(1)(f)(f) All income or interest earned by the investment of moneys of the fund. 229.687(2)(a)(a) Subject to par. (b), the district may use moneys deposited into the fund under sub. (1) only for the following purposes: 229.687(2)(a)1.1. The development, construction, improvement, repair, and maintenance of baseball park facilities. 229.687(2)(a)2.2. The district’s performance of obligations under any lease with a professional baseball team with respect to baseball park facilities. 229.687(2)(a)5.5. After 2030, payment of annual insurance premiums with respect to the ballpark facilities upon the affirmative vote of the district board and solely to the extent that the district board determines that funds held by the district in accounts, other than the baseball park facilities improvement segregated fund under this section, are insufficient to pay the premium in full. 229.687(2)(am)(am) Notwithstanding par. (a), annually on March 3, beginning in the year after the district receives a notification under s. 16.09 (3) (c) 6., the board shall pay from the fund under sub. (1) to the secretary of administration for deposit into the general fund an amount equal to the amount of surcharge moneys received under s. 229.682 (12) (a) in the preceding year. 229.687(2)(b)(b) The district may not use moneys deposited into the fund under sub. (1) for the development, construction, improvement, repair, or maintenance of any physical structure that was not owned, in whole or in part, operated, or leased by the district on December 7, 2023. 229.687(3)(3) If, for any reason, the professional baseball team notifies the district that the team intends to terminate the lease agreement or the lease is otherwise terminated, no moneys deposited into the fund under sub. (1) may be expended with respect to the baseball park facilities after the date the district receives that notice, except any of the following: 229.687(3)(a)(a) Moneys encumbered before receipt of the notice of termination. 229.687(3)(b)(b) Moneys expended to maintain the safety of the baseball park facilities or for the improvement, repair, maintenance, or replacement of the components and systems necessary to operate the baseball park facilities or comply with applicable law, insurance requirements, or standards imposed by the professional baseball league of which the professional baseball team is a member. 229.687(3)(c)(c) Moneys expended to make interest payments and principal repayments of loans accepted under s. 229.68 (8m). 229.687(3)(d)(d) An amount of moneys that does not exceed the amount of the professional baseball team’s deposits into the baseball park facilities improvement segregated fund under s. 229.6802 (1) (b) and (c) between the date of any notice of lease termination and the effective date of the termination. 229.687 HistoryHistory: 2023 a. 40, 41. 229.69229.69 Powers granted to a city or a county in a district. In addition to any powers that it may otherwise have, a city or a county within a district’s jurisdiction may do any of the following: 229.69(1)(1) Make grants or loans to a district upon terms that the city or county considers appropriate. 229.69(2)(2) Expend public funds to subsidize a district. 229.69(3)(3) Borrow money under ss. 67.04 and 67.12 (12) for baseball park facilities or to fund grants, loans or subsidies to a district. 229.69(4)(4) Grant to the state land or other property, especially dedicated by the grant to use for baseball park facilities. 229.69 HistoryHistory: 1995 a. 56; 2023 a. 40. 229.695229.695 County obligations. Beginning in 2024, annually, no later than July 1, a county within a district’s jurisdiction shall deposit $2,500,000 into the baseball park facilities improvement segregated fund under s. 229.687. This section does not apply after December 31, 2050, or after the aggregate amount of deposits under this section equals $67,500,000, whichever is earlier. 229.695 HistoryHistory: 2023 a. 40. 229.70229.70 Minority contracting goals; disabled veteran-owned business contracting goals.
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