Chapter 229

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) (12) Ticket surcharge.

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)1.a. a. From 2024 to 2032, a $2 surcharge.

229.682(12)(a)1.b. b. From 2033 to 2041, a $3 surcharge.

229.682(12)(a)1.c. c. From 2042 to 2050, a $4 surcharge.

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)(a)2.a. a. From 2024 to 2032, an $8 surcharge.

229.682(12)(a)2.b. b. From 2033 to 2041, a $9 surcharge.

229.682(12)(a)2.c. c. From 2042 to 2050, a $10 surcharge.

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)2. 2. Events that are not ticketed.

229.682(12)(b)3. 3. Events for which tickets are provided at no charge.

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)5. 5. Political conventions.

229.682(12)(b)6. 6. Charitable events.

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.

229.682 History History: 1995 a. 56; 1999 a. 150 s. 672; 2015 a. 55; 2023 a. 40.

229.685 229.685 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:

229.685(3)(a) (a) Through 2039, $2,200,000.

229.685(3)(b) (b) The amount deposited under s. 20.395 (5) (ij).

229.685 History History: 1995 a. 56; 2017 a. 249; 2023 a. 40.

229.687 229.687 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)(a) (a) Moneys borrowed or accepted and deposited under s. 229.68 (8m).

229.687(1)(b) (b) Moneys transferred from other district funds under s. 229.685 (3).

229.687(1)(c) (c) Moneys deposited by a county under s. 229.695 and payments made by the department of administration under s. 79.037 (4).

229.687(1)(cm) (cm) Moneys received from the department of revenue under s. 77.76 (3s) (a).

229.687(1)(d) (d) Moneys received from the department of administration under s. 16.09.

229.687(1)(e) (e) Payments required to be deposited by a professional baseball team under a lease agreement, as specified in s. 229.6802 (1) (b) and (c), and the moneys required to be deposited by the district under s. 229.6802 (1) (d).

229.687(1)(f) (f) All income or interest earned by the investment of moneys of the fund.

229.687(1)(g) (g) Ticket surcharge receipts deposited under s. 229.682 (12) (c).

229.687(2) (2) 

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)3. 3. Repayment of loans or moneys accepted under s. 229.68 (8m).

229.687(2)(a)4. 4. The district’s retention of a 3rd-party negotiator under s. 229.6802 (3).

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 History History: 2023 a. 40, 41.

229.69 229.69 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 History History: 1995 a. 56; 2023 a. 40.

229.695 229.695 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 History History: 2023 a. 40.

229.70 229.70 Minority contracting goals; disabled veteran-owned business contracting goals.

229.70(1) (1) In this section:

229.70(1)(ag) (ag) “Disabled veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).

229.70(1)(am) (am) “Minority business” has the meaning given in s. 16.287 (1) (e).

229.70(1)(b) (b) “Minority group member” has the meaning given in s. 16.287 (1) (f).

229.70(1)(c) (c) “Women’s business” means a sole proprietorship, partnership, joint venture or corporation that is at least 51 percent owned, controlled and actively managed by women.

229.70(2) (2) The district shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by a district shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25 percent of the employees hired because of the contract will be minority group members, at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business, and at least 5 percent of the employees hired because of the contract will be women if the contract is for the construction of any part of baseball park facilities.

229.70(3) (3) It shall be a goal of the district to ensure that at least 25 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disabled veteran-owned businesses, and at least 5 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women’s businesses:

229.70(3)(a) (a) Contracts for the construction of baseball park facilities.

229.70(3)(b) (b) Contracts for professional services related to the construction of baseball park facilities.

229.70(3)(c) (c) Contracts for the development of baseball park facilities.

229.70(4) (4) It shall be a goal of a district, with regard to each of the contracts described under sub. (3) (a), (b) and (c), to award at least 25 percent of the dollar value of such contracts to minority businesses, at least 1 percent of the dollar value of such contracts to disabled veteran-owned businesses, and at least 5 percent of the dollar value of such contracts to women’s businesses.

229.70(4m) (4m) 

229.70(4m)(a) (a) The district shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by a district shall agree, as a condition to receiving the contract, that if he or she is unable to meet the goal under sub. (2), he or she shall make a good faith effort to contract with the technical college district board of the technical college district in which the facilities are to be constructed or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, and women who are qualified to perform the construction work or professional services.

229.70(4m)(b) (b) If the district is unable to meet the goals under subs. (3) and (4), the district shall make a good faith effort to contract with the technical college district board of the technical college district in which the contracts described under sub. (3) (a), (b) and (c) are to be performed, to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, and women who are qualified to perform the contracts described under sub. (3) (a), (b) and (c).

229.70(5) (5) 

229.70(5)(a) (a) The district shall hire an independent person to monitor the district’s compliance with minority contracting goals under subs. (2), (3) and (4) and the department of administration’s compliance with minority contracting goals under s. 16.854 (2) and (3). The person hired shall have previous experience working with minority group members. The district shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person’s studies of compliance with minority contracting goals.

229.70(5)(b) (b) If the district or a contractor is unable to meet the goals under sub. (2), (3) or (4), the person hired under par. (a) shall assess whether the district or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the following:

229.70(5)(b)1. 1. The supply of eligible minority businesses, disabled veteran-owned businesses, and women’s businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.

229.70(5)(b)2. 2. The competing demands for the services provided by eligible minority businesses, disabled veteran-owned businesses, and women’s businesses, as described in subd. 1., in areas in which contracts were awarded.

229.70(5)(b)3. 3. The extent to which the district or contractors advertised for and aggressively solicited bids from eligible minority businesses, disabled veteran-owned businesses, and women’s businesses, as described in subd. 1., and the extent to which eligible minority businesses, disabled veteran-owned businesses, and women’s businesses submitted bids.