Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB483 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 483
5	5	October 9, 2023 - Introduced by Senator FEYEN, cosponsored by Representatives
6	6	BROOKS, DUCHOW, BINSFELD, MICHALSKI, O'CONNOR, PLUMER, ROZAR and
7	7	SCHMIDT. Referred to Committee on Government Operations.
8	8	AN ACT to repeal 77.705, 77.707 (1), 77.76 (6), 229.64 (2), 229.65 (7), 229.66 (2)
9	9	(b), 229.66 (2) (c), 229.66 (2) (g), 229.68 (11), 229.68 (15) and 229.682 (3); to
10	10	renumber 77.707 (2); to renumber and amend 229.64 (1); to amend 16.58
11	11	(3), 77.54 (41), 77.707 (1), 77.71 (intro.), (1), (2), (3), (4) and (5), 77.76 (4), 79.037
12	12	(2) (intro.), 79.037 (3), 229.65 (1), 229.66 (2) (a), 229.66 (4), 229.67, 229.68
13	13	(intro.), 229.68 (4) (b), 229.68 (4) (d), 229.68 (7), 229.68 (9), 229.68 (12), 229.68
14	14	(13), 229.68 (16) (intro.), 229.68 (16) (a), 229.682 (1), 229.682 (4), 229.682 (7),
15	15	229.685 (1), 229.69 (4), 229.71, 229.75 (3), 229.76 and 341.14 (6r) (b) 13. b.; to
16	16	repeal and recreate 229.66 (3); and to create 16.09, 25.17 (1) (es), 77.54 (9a)
17	17	(gm), 79.037 (4), 229.65 (6m), 229.66 (2) (bm), 229.66 (2) (cm), 229.66 (2) (gm),
18	18	229.68 (8) (d), 229.68 (8m), 229.6802, 229.6805, 229.682 (9), 229.682 (10),
19	19	229.682 (11), 229.685 (3), 229.687, 229.695 and 229.80 of the statutes; relating
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33	33	SENATE BILL 483
34	34	to: baseball park district administration and funding for improvement of
35	35	professional baseball park facilities.
36	36	Analysis by the Legislative Reference Bureau
37	37	This bill directs state grants to and requires local funding of a local professional
38	38	baseball park district (district), directs the district's use of those funds, and modifies
39	39	the powers and administration of the district.
40	40	CURRENT LAW
41	41	Under current law, a district is created in each county with a population of at
42	42	least 600,000 (presently, only Milwaukee County) and all counties that are
43	43	contiguous to that county (in relation to Milwaukee County, these counties are
44	44	Ozaukee County, Racine County, Washington County, and Waukesha County). A
45	45	district has a variety of powers. Among these, a district may acquire, construct,
46	46	equip, maintain, improve, operate, and manage baseball park facilities and may set
47	47	standards governing the use of, and the conduct within, baseball park facilities.
48	48	The district is governed by a district board, which currently consists of the
49	49	following members:
50	50	1. A number of persons equal to the number of counties within the jurisdiction
51	51	of the district plus one, which totals six members, appointed by the governor subject
52	52	to senate confirmation; three of whom serve two-year terms and three of whom serve
53	53	four-year terms, and all of whom may be removed only for cause.
54	54	2. Two persons appointed by the chief executive officer of the most populous
55	55	county within the jurisdiction of the district, which is Milwaukee County, who serve
56	56	at the pleasure of the chief executive officer.
57	57	3. One person for each county in the jurisdiction of the district other than
58	58	Milwaukee County, appointed by the chief executive officer of such county, who
59	59	serves at the pleasure of the appointing chief executive officer.
60	60	4. One person appointed by the mayor of the city of Milwaukee, who serves at
61	61	the pleasure of the mayor.
62	62	Current law authorizes a district to issue bonds for the purpose of constructing,
63	63	improving, and managing baseball park facilities, in addition to other related
64	64	functions. Bonds issued by the district are secured by the district's interest in any
65	65	baseball park facilities, by income from these facilities, and by a sales and use tax
66	66	current law authorizes the district to impose. Specifically, current law authorizes the
67	67	district to impose a sales and use tax at a rate of no more than 0.1 percent. However,
68	68	that sales and use tax ended on March 31, 2020, after the district certified to the
69	69	Department of Revenue that the district had effectively retired all of its bonds.
70	70	DISTRICT CREATION AND DISSOLUTION; DISTRICT BOARD MEMBERSHIP
71	71	The bill limits the establishment of a district solely to a county with a
72	72	population over 750,000, rather than a county of 600,000 and its contiguous counties,
73	73	and specifies that upon the district's dissolution, the property of the district is
74	74	transferred to the state, rather than to the five counties making up the district under
75	75	current law.
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80	80	SENATE BILL 483
81	81	The membership of the current members of the district's governing board,
82	82	described above, end on the bill's effective date, and the bill establishes a new
83	83	membership of the district's governing board. Under the bill, the board is composed
84	84	of the following:
85	85	1. Four members appointed by the governor subject to senate confirmation, one
86	86	of whom is appointed as chairperson of the board.
87	87	2. Two members appointed by the majority leader of the senate.
88	88	3. Two members appointed by the speaker of the assembly.
89	89	4. One member appointed by the governor from a list provided by the
90	90	professional baseball team as defined in the bill (Milwaukee Brewers) subject to
91	91	senate confirmation. This member may not participate in any nonpublic meeting or
92	92	vote with respect to the approval or amendment of a lease or nonrelocation
93	93	agreement between the district and the team, the district obtaining or accepting
94	94	short-term loans from the state, the district retaining a lease negotiator, or a dispute
95	95	between the district and the team.
96	96	All of the new members appointed to the district board variously serve either
97	97	two- or four-year terms but may be removed at the pleasure of the appointing
98	98	authority.
99	99	Additionally, the bill requires the new district board, not later than 90 days
100	100	after the effective date of the bill, to affirmatively determine whether to continue or
101	101	discontinue the employment of each individual employed by the district.
102	102	CHANGES TO THE DISTRICT'S GENERAL POWERS AND DUTIES
103	103	The bill makes the following changes to the district's general powers and duties:
104	104	1. Eliminates the district's authority to impose a sales and use tax. The district
105	105	has not imposed a sales tax since March 31, 2020.
106	106	2. Prohibits the district from issuing bonds or incurring other debt, except that
107	107	the bill authorizes the district to engage in certain short-term borrowing from DOA,
108	108	as further described below.
109	109	3. Requires the district to issue a request for proposals before awarding certain
110	110	contracts with an estimated cost exceeding $200,000 and to award contracts subject
111	111	to this requirement based on specified criteria. These criteria are price; time for
112	112	completion of work; qualifications and past performance of a contractor; contractor
113	113	responsiveness; contractor eligibility in accordance with the request for proposals;
114	114	the results of applicable inspections and tests; and performance standards
115	115	established by the district board. Under current law, the district may enter into
116	116	contracts subject to any standards established by the district board.
117	117	4. Provides that the district may enter into a lease only upon the affirmative
118	118	vote of a majority of all members appointed to the district board and eligible to vote
119	119	on the matter. Current law provides that such an action must be approved by 60
120	120	percent of the members voting on the matter.
121	121	5. During the term of any lease of baseball park facilities entered into by the
122	122	district and the Milwaukee Brewers, requires the district to, at the district's expense,
123	123	contract with a facility management company or employ an executive director with
124	124	expertise in managing and operating professional sports facilities and venues to - 4 -2023 - 2024 Legislature LRB-4400/1
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126	126	SENATE BILL 483
127	127	manage and supervise the development, construction, improvement, repair, and
128	128	maintenance of the baseball park facilities.
129	129	6. With certain exceptions, prohibits the district from initiating any capital
130	130	project after 2045.
131	131	7. Requires the district to contract with the state investment board to invest
132	132	funds held in the district's segregated fund, as described below.
133	133	SEGREGATED FUND
134	134	The bill requires the district to establish a baseball park facilities improvement
135	135	fund (segregated fund) into which it must deposit the state grants, payments from
136	136	or on behalf of Milwaukee County and the city of Milwaukee, certain payments from
137	137	the Milwaukee Brewers, and certain moneys transferred from other existing funds
138	138	of the district. Moneys from the segregated fund may be used only for the
139	139	development, construction, improvement, repair, and maintenance of baseball park
140	140	facilities, the performance of the district's obligations under a lease agreement with
141	141	the Milwaukee Brewers, lease negotiation costs, repayment of certain loans, and
142	142	payment of certain insurance premiums. The bill specifies that, with certain
143	143	exceptions, segregated fund moneys may not be expended after the Milwaukee
144	144	Brewers notify the district that the team intends to terminate the lease agreement
145	145	or the lease is otherwise terminated. In addition, segregated fund moneys may not
146	146	be expended for the development, construction, improvement, repair , or
147	147	maintenance of any physical structure that was not owned, operated, or leased by the
148	148	district on the effective date of the bill.
149	149	LEASE AND NONRELOCATION AGREEMENTS
150	150	Under the bill, the state grant required under the bill, as described further
151	151	below, may not be awarded unless the secretary of administration determines that
152	152	all of the following apply:
153	153	1. The district has entered into a customary lease arrangement with the
154	154	Milwaukee Brewers that (a) has a standard term that expires no earlier than
155	155	December 31, 2050; (b) requires the Milwaukee Brewers to separately make at least
156	156	27 annual deposits in the amounts of $300,000 and $1,851,852 into the segregated
157	157	fund beginning in 2024; (c) requires the Milwaukee Brewers to additionally make at
158	158	least 27 annual payments in the amounts of $1,208,401 to the district beginning in
159	159	2024; (d) requires the Milwaukee Brewers, or a third party on the team's behalf, to
160	160	make financial contributions in connection with the development, construction,
161	161	improvement, repair, and maintenance of the baseball park facilities during the term
162	162	of the lease in an amount that totals $50,000,000, of which $25,000,000 must be so
163	163	contributed before January 1, 2037, and requires the team to regularly report to the
164	164	district all expenditures of those moneys; and (e) requires the Milwaukee Brewers,
165	165	upon expiration of the lease or termination of the lease as a result of breach by the
166	166	team, to disclaim any interest in moneys of the segregated fund and, upon request
167	167	of the district, convey and transfer to the district for consideration not to exceed $1
168	168	all of the team's right and title to the baseball park facilities, except for certain
169	169	ancillary improvements constructed or developed without financial contribution
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173	173	SENATE BILL 483
174	174	2. The district has entered into a nonrelocation agreement with the Milwaukee
175	175	Brewers that generally requires the team to play all of its home games at the baseball
176	176	park facilities and prohibits the team from relocating until expiration or termination
177	177	of the lease according to its terms.
178	178	3. The district has contracted with a third party approved by a two-thirds vote
179	179	of all members appointed to the district board and eligible to vote on the matter to
180	180	represent the district in connection with negotiation of the lease and nonrelocation
181	181	agreements described above.
182	182	STATE GRANT
183	183	Provided the district and the Milwaukee Brewers execute the lease and
184	184	nonrelocation agreements described above, the bill requires DOA to award a grant
185	185	to the district to assist in the development, construction, improvement, repair, and
186	186	maintenance of baseball park facilities, consisting of the following:
187	187	1. $35,800,000 paid upon execution of the lease and nonrelocation agreements,
188	188	which is intended to substantially equal the total estimated state income tax
189	189	imposed in calendar years 2021, 2022, and 2023 on the payroll of the Milwaukee
190	190	Brewers franchise and of visiting professional baseball franchises using the
191	191	professional baseball park facilities.
192	192	2. The payment of an additional $25,000,000 upon execution of the lease and
193	193	nonrelocation agreements for the purpose of winterizing the baseball park facilities.
194	194	3. Twenty-two consecutive annual payments beginning in 2024 of which the
195	195	initial payment in 2024 must equal $13,400,000 and the amount of each subsequent
196	196	annual payment must increase from the initial payment at the rate of 4 percent per
197	197	year compounded annually, except that no such annual payment may exceed
198	198	$20,000,000, and beginning on July 1, 2041, no annual payment may exceed
199	199	$10,000,000. Additionally, no annual payment may be made after expiration or
200	200	termination of the lease.
201	201	LOCAL GOVERNMENT PAYMENTS
202	202	The bill also provides that for the next 27 years Milwaukee County must pay
203	203	$5,000,000 and the city of Milwaukee must pay $2,500,000 annually into the
204	204	segregated fund to assist in the development, construction, improvement, repair,
205	205	and maintenance of the district's baseball park facilities. If Milwaukee County or the
206	206	city of Milwaukee fails to make the full amount of a required payment by July 1 of
207	207	an applicable year, DOA must reduce the supplemental county and municipal aid
208	208	payment to Milwaukee County or the city of Milwaukee, as applicable, for that year
209	209	by the amount that is not paid and deposit that amount into the segregated fund.
210	210	SHORT-TERM LOANS
211	211	The bill requires DOA to issue short-term loans to the district to assist in the
212	212	development, construction, improvement, repair, and maintenance of baseball park
213	213	facilities. Specifically, upon a majority vote of all members appointed to the district
214	214	board and eligible to vote on the matter, DOA must promptly issue a loan to the
215	215	district in the amount approved by the board. DOA may not issue more than a total
216	216	of $50,000,000 in such loans, and interest on each loan accrues monthly at a rate
217	217	equal to the state investment fund earnings rate during the immediately preceding
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220	220	SENATE BILL 483
221	221	Under the bill, the district is required to pay all interest accruing on each loan
222	222	issued by DOA on a quarterly basis, and the outstanding balance of each loan must
223	223	be paid no later than 15 years after the date of loan issuance or upon expiration or
224	224	termination of the lease described above, whichever is earlier. The bill includes a
225	225	quarterly reporting requirement to the Joint Committee on Finance regarding the
226	226	loans and prohibits DOA from awarding a loan after December 31, 2045.
227	227	SALES AND USE TAX EXEMPTION
228	228	The bill exempts the following from the sales and use tax: 1) tangible personal
229	229	property and taxable services sold to a district and 2) building materials, supplies,
230	230	and equipment sold to owners, contractors, subcontractors, or builders solely for the
231	231	improvement, repair, or maintenance of a professional sports and entertainment
232	232	home stadium. Under current law, building materials, supplies, and equipment sold
233	233	to owners, contractors, subcontractors, or builders solely for the construction,
234	234	renovation, or development of a professional sports and entertainment home
235	235	stadium are exempt from the sales and use tax.
236	236	Because this bill relates to an exemption from state or local taxes, it may be
237	237	referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
238	238	as an appendix to the bill.
239	239	For further information see the state and local fiscal estimate, which will be
240	240	printed as an appendix to this bill.
241	241	The people of the state of Wisconsin, represented in senate and assembly, do
242	242	enact as follows:
243	243	SECTION 1. 16.09 of the statutes is created to read:
244	244	16.09 Grant to a local professional baseball park district. (1) PUBLIC
245	245	PURPOSE. The legislature finds and determines that baseball park facilities
246	246	encourage economic development and tourism in this state, reduce unemployment
247	247	in this state, preserve business activities within this state, generate additional tax
248	248	revenues that would not exist without the baseball park facilities, and bring needed
249	249	capital into this state for the benefit and welfare of people throughout the state. It
250	250	is therefore in the public interest and serves a statewide public purpose, and it is the
251	251	public policy of this state, to assist a local professional baseball park district created
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263	263	SECTION 1
264	264	SENATE BILL 483
265	265	under subch. III of ch. 229 in the development, construction, improvement, repair,
266	266	and maintenance of baseball park facilities.
267	267	(2) DEFINITIONS. In this section:
268	268	(a) “Baseball park facilities” has the meaning given in s. 229.65 (1).
269	269	(b) “District” has the meaning given in s. 229.65 (5).
270	270	(c) “Gap payment” means payment of the amount specified in sub. (3) (a), which
271	271	is intended to substantially equal the total estimated taxes imposed under ch. 71 in
272	272	calendar years 2021, 2022, and 2023 on the payroll of the professional baseball team
273	273	and of visiting professional baseball franchises using the professional baseball park
274	274	facilities.
275	275	(d) “Professional baseball team” has the meaning given in s. 229.65 (6m).
276	276	(3) GRANT. Subject to sub. (4), the department shall award a grant to a district
277	277	to assist in the development, construction, improvement, repair, and maintenance
278	278	of baseball park facilities. The grant shall consist of the following:
279	279	(a) The gap payment of $35,800,000 upon execution of the lease and
280	280	nonrelocation agreements satisfying s. 229.6802.
281	281	(b) The payment of $25,000,000 upon execution of the lease and nonrelocation
282	282	agreements satisfying s. 229.6802. The district shall maintain the moneys paid
283	283	under this paragraph in a separate account in the baseball park facilities
284	284	improvement segregated fund established under s. 229.687 and may expend the
285	285	moneys only for the purpose of winterizing the baseball park facilities.
286	286	(c) Twenty-two consecutive annual payments beginning in 2024, subject to the
287	287	following:
288	288	1. The initial payment in 2024 shall equal $13,400,000.
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314	314	SECTION 1 SENATE BILL 483
315	315	2. Except as provided in subd. 3., the amount of each subsequent annual
316	316	payment shall increase from the initial payment at the rate of 4 percent per year
317	317	compounded annually.
318	318	3. No annual payment may exceed $20,000,000, and beginning on July 1, 2041,
319	319	no annual payment may exceed $10,000,000.
320	320	4. No annual payment may be made after expiration or termination of the lease
321	321	specified in s. 229.6802 (1).
322	322	(4) CONTRACT REQUIREMENTS. The department may not award a grant under
323	323	sub. (3) unless s. 229.6802 has been satisfied.
324	324	(5) LOANS TO A LOCAL PROFESSIONAL BASEBALL PARK DISTRICT. (a) Upon a majority
325	325	vote of all current members appointed to the board of a district and eligible to vote
326	326	on the matter, the department shall issue loans to the district to assist in the
327	327	development, construction, improvement, repair, and maintenance of baseball park
328	328	facilities. The department shall issue each loan in the amount approved by the board
329	329	no later than 10 days after receipt of the board's request for the loan. The department
330	330	may not issue more than a total of $50,000,000 in loans under this paragraph.
331	331	(b) Interest on each loan issued under par. (a) shall accrue monthly at a rate
332	332	equal to the state investment fund earnings rate during the immediately preceding
333	333	month, as certified by the secretary.
334	334	(c) The district shall pay all interest accruing on each loan issued under par.
335	335	(a) on a quarterly basis to the secretary for deposit in the general fund. The
336	336	outstanding balance of each loan issued under par. (a) shall be paid no later than 15
337	337	years after the date of issuance or upon expiration or termination of the lease
338	338	specified in s. 229.6802 (1), whichever is earlier.
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365	365	SECTION 1
366	366	SENATE BILL 483
367	367	(d) At least quarterly, the department shall submit a report to the joint
368	368	committee on finance specifying the outstanding principal and interest owed by the
369	369	district on each loan issued under par. (a).
370	370	(e) The department may not issue a loan under this subsection after December
371	371	31, 2045.
372	372	SECTION 2. 16.58 (3) of the statutes is amended to read:
373	373	16.58 (3) The department may provide financial consulting services to a local
374	374	exposition district created under subch. II of ch. 229 or a local professional baseball
375	375	park district created under subch. III of ch. 229.
376	376	SECTION 3. 25.17 (1) (es) of the statutes is created to read:
377	377	25.17 (1) (es) Funds of a local professional baseball park district created under
378	378	subch. III of ch. 229 (s. 229.68 (9)), but subject to the terms of the contract under s.
379	379	229.68 (9);
380	380	SECTION 4. 77.54 (9a) (gm) of the statutes is created to read:
381	381	77.54 (9a) (gm) A local professional baseball park district under subch. III of
382	382	ch. 229.
383	383	SECTION 5. 77.54 (41) of the statutes is amended to read:
384	384	77.54 (41) The sales price from the sale of building materials, supplies and
385	385	equipment to; and the storage, use or other consumption of those kinds of property
386	386	by; owners, contractors, subcontractors or builders if that property is acquired solely
387	387	for or used solely in, the construction, improvement, renovation, repair,
388	388	maintenance, or development of property that would be exempt under s. 70.11 (36).
389	389	SECTION 6. 77.705 of the statutes, as affected by 2023 Wisconsin Act 19, is
390	390	repealed.
391	391	SECTION 7. 77.707 (1) of the statutes is amended to read:
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418	418	SECTION 7 SENATE BILL 483
419	419	77.707 (1) Retailers and the department of revenue may not collect a tax under
420	420	s. 77.705, 2021 stats., for any local professional baseball park district created under
421	421	subch. III of ch. 229 after the last day of the fiscal quarter in which the local
422	422	professional baseball park district board makes a certification to the department of
423	423	revenue under s. 229.685 (2), 2021 stats., or after August 31, 2020, whichever is
424	424	earlier, except that the department of revenue may collect from retailers taxes that
425	425	accrued before the termination date and fees, interest and penalties that relate to
426	426	those taxes. Except as provided under s. 77.60 (9), the department of revenue may
427	427	not issue any assessment nor act on any claim for a refund or any claim for an
428	428	adjustment under s. 77.585 after the end of the calendar year that is 4 years after
429	429	the year in which a local professional baseball park district tax has terminated. The
430	430	department of revenue shall estimate the amount of the refunds, including interest,
431	431	that the department may need to pay during that 4-year period and retain that
432	432	amount from the taxes collected for the district after the termination date. Any
433	433	amount that remains after the payment of refunds shall be distributed to the
434	434	counties based on the population of each county that is part of the district.
435	435	SECTION 8. 77.707 (1) of the statutes, as affected by 2023 Wisconsin Act .... (this
436	436	act), is repealed.
437	437	SECTION 9. 77.707 (2) of the statutes is renumbered 77.707.
438	438	SECTION 10. 77.71 (intro.), (1), (2), (3), (4) and (5) of the statutes, as affected by
439	439	2023 Wisconsin Act 12, are amended to read:
440	440	77.71 Imposition of county, municipality, and special district sales and
441	441	use taxes. (intro.) Whenever a sales and use tax ordinance is adopted under s. 77.70
442	442	or 77.701 or a special district resolution is adopted under s. 77.705 or 77.706, the
443	443	following taxes are imposed:
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468	468	25 - 11 -2023 - 2024 Legislature
469	469	LRB-4400/1
470	470	EVM/MPG/KP:all
471	471	SECTION 10
472	472	SENATE BILL 483
473	473	(1) For the privilege of selling, licensing, leasing, or renting tangible personal
474	474	property and the items, property, and goods specified under s. 77.52 (1) (b), (c), and
475	475	(d), and for the privilege of selling, licensing, performing, or furnishing services a
476	476	sales tax is imposed upon retailers at the rates under s. 77.70 in the case of a county
477	477	tax, at the rate under s. 77.701 in the case of a municipality tax, or at the rate under
478	478	s. 77.705 or 77.706 in the case of a special district tax of the sales price from the sale,
479	479	license, lease, or rental of tangible personal property and the items, property, and
480	480	goods specified under s. 77.52 (1) (b), (c), and (d), except property taxed under sub.
481	481	(4), sold, licensed, leased, or rented at retail in the county, municipality, or special
482	482	district, or from selling, licensing, performing, or furnishing services described under
483	483	s. 77.52 (2) in the county, municipality, or special district.
484	484	(2) An excise tax is imposed at the rates under s. 77.70 in the case of a county
485	485	tax, at the rate under s. 77.701 in the case of a municipality tax, or at the rate under
486	486	s. 77.705 or 77.706 in the case of a special district tax of the purchase price upon every
487	487	person storing, using, or otherwise consuming in the county, municipality, or special
488	488	district tangible personal property, or items, property, or goods specified under s.
489	489	77.52 (1) (b), (c), or (d), or services if the tangible personal property, item, property,
490	490	good, or service is subject to the state use tax under s. 77.53, except that a receipt
491	491	indicating that the tax under sub. (1), (3), (4), or (5) has been paid relieves the buyer
492	492	of liability for the tax under this subsection and except that if the buyer has paid a
493	493	similar local tax in another state on a purchase of the same tangible personal
494	494	property, item, property, good, or service that tax shall be credited against the tax
495	495	under this subsection and except that for motor vehicles that are used for a purpose
496	496	in addition to retention, demonstration, or display while held for sale in the regular
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520	520	24 - 12 -2023 - 2024 Legislature LRB-4400/1
521	521	EVM/MPG/KP:all
522	522	SECTION 10 SENATE BILL 483
523	523	course of business by a dealer the tax under this subsection is imposed not on the
524	524	purchase price but on the amount under s. 77.53 (1m).
525	525	(3) An excise tax is imposed upon a contractor engaged in construction
526	526	activities within the county or special district at the rates under s. 77.70 in the case
527	527	of a county tax, at the rate under s. 77.701 in the case of a municipality tax, or at the
528	528	rate under s. 77.705 or 77.706 in the case of a special district tax of the purchase price
529	529	of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c),
530	530	or (d) that are used in constructing, altering, repairing, or improving real property
531	531	and that became a component part of real property in that county, municipality, or
532	532	special district, except that if the contractor has paid the sales tax of a county,
533	533	municipality, or special district in this state on that tangible personal property, item,
534	534	property, or good, or has paid a similar local sales tax in another state on a purchase
535	535	of the same tangible personal property, item, property, or good, that tax shall be
536	536	credited against the tax under this subsection.
537	537	(4) An excise tax is imposed at the rates under s. 77.70 in the case of a county
538	538	tax, at the rate under s. 77.701 in the case of a municipality tax, or at the rate under
539	539	s. 77.705 or 77.706 in the case of a special district tax of the purchase price upon every
540	540	person storing, using, or otherwise consuming a motor vehicle, boat, recreational
541	541	vehicle, as defined in s. 340.01 (48r), or aircraft if that property must be registered
542	542	or titled with this state and if that property is to be customarily kept in a county that
543	543	has in effect an ordinance under s. 77.70, in a municipality that has in effect an
544	544	ordinance under s. 77.701, or in a special district that has in effect a resolution under
545	545	s. 77.705 or 77.706, except that if the buyer has paid a similar local sales tax in
546	546	another state on a purchase of the same property, that tax shall be credited against
547	547	the tax under this subsection. The lease or rental of a motor vehicle, boat,
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572	572	25 - 13 -2023 - 2024 Legislature
573	573	LRB-4400/1
574	574	EVM/MPG/KP:all
575	575	SECTION 10
576	576	SENATE BILL 483
577	577	recreational vehicle, as defined in s. 340.01 (48r), or aircraft is not taxed under this
578	578	subsection if the lease or rental does not require recurring periodic payments.
579	579	(5) An excise tax is imposed on the purchase price for the lease or rental of a
580	580	motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r), or aircraft at
581	581	the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.701 in the
582	582	case of a municipality tax, or at the rate under s. 77.705 or 77.706 in the case of a
583	583	special district tax upon every person storing, using, or otherwise consuming in the
584	584	county, municipality, or special district the motor vehicle, boat, recreational vehicle,
585	585	as defined in s. 340.01 (48r), or aircraft if that property must be registered or titled
586	586	with this state and if the lease or rental does not require recurring periodic
587	587	payments, except that a receipt indicating that the tax under sub. (1) had been paid
588	588	relieves the purchaser of liability for the tax under this subsection and except that
589	589	if the purchaser has paid a similar local tax in another state on the same lease or
590	590	rental of such motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r),
591	591	or aircraft, that tax shall be credited against the tax under this subsection.
592	592	SECTION 11. 77.76 (4) of the statutes, as affected by 2023 Wisconsin Act 12, is
593	593	amended to read:
594	594	77.76 (4) There shall be retained by the state 1.5 percent of the taxes collected
595	595	for taxes imposed by special districts under ss. 77.705 and s. 77.706 and 1.75 percent
596	596	of the taxes collected for taxes imposed by counties under s. 77.70 and for taxes
597	597	imposed by municipalities under s. 77.701 to cover costs incurred by the state in
598	598	administering, enforcing, and collecting the tax. All interest and penalties collected
599	599	shall be deposited and retained by this state in the general fund.
600	600	SECTION 12. 77.76 (6) of the statutes is repealed.
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625	625	EVM/MPG/KP:all
626	626	SECTION 13 SENATE BILL 483
627	627	SECTION 13. 79.037 (2) (intro.) of the statutes, as created by 2023 Wisconsin Act
628	628	12, is amended to read:
629	629	79.037 (2) (intro.) In Subject to any reduction required under sub. (4), in 2024,
630	630	the department of revenue shall determine the amount of the payments under this
631	631	section as follows:
632	632	SECTION 14. 79.037 (3) of the statutes, as created by 2023 Wisconsin Act 12, is
633	633	amended to read:
634	634	79.037 (3) For Subject to any reduction required under sub. (4), for the
635	635	distribution in 2025 and subsequent years, each county and municipality shall
636	636	receive a payment under this section equal to the proportion of the total payments
637	637	from the supplemental county and municipal aid account under s. 25.491 (9) that the
638	638	county or municipality received in 2024, or if the total of payments received in 2024
639	639	by a county or municipality is reduced under sub. (4), the proportion of the total
640	640	payments from the supplemental county and municipal aid account under s. 25.491
641	641	(9) that the county or municipality would have received in 2024 without that
642	642	reduction, multiplied by the amount for the year in the supplemental county and
643	643	municipal aid account under s. 25.491 (9).
644	644	SECTION 15. 79.037 (4) of the statutes is created to read:
645	645	79.037 (4) (a) For the distribution in 2024 and subsequent years until 2050, if
646	646	a county fails to make the full amount of a deposit required under s. 229.695 by July
647	647	1, the department of revenue shall reduce the county's total of payments under this
648	648	section for that year by the difference between the amount of the deposit required
649	649	under s. 229.695 and the amount of any deposit made by July 1 of that year and direct
650	650	the department of administration to pay to the baseball park facilities improvement
651	651	segregated fund under s. 229.687 the amount of the reduction.
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676	676	25 - 15 -2023 - 2024 Legislature
677	677	LRB-4400/1
678	678	EVM/MPG/KP:all
679	679	SECTION 15
680	680	SENATE BILL 483
681	681	(b) For the distribution in 2024 and subsequent years until 2050, if a 1st class
682	682	city fails to make the full amount of a deposit required under s. 229.695 by July 1,
683	683	the department of revenue shall reduce the 1st class city's total of payments under
684	684	this section for that year by the difference between the amount of the deposit
685	685	required under s. 229.695 and the amount of any deposit made by July 1 of that year
686	686	and direct the department of administration to pay to the baseball park facilities
687	687	improvement segregated fund under s. 229.687 the amount of the reduction.
688	688	SECTION 16. 229.64 (1) of the statutes is renumbered 229.64 and amended to
689	689	read:
690	690	229.64 Legislative declaration. The legislature determines that the
691	691	provision of assistance by state agencies to a district under this subchapter, and any
692	692	appropriation or grant of funds to a district under this subchapter and the moral
693	693	obligation pledge under s. 229.74 (7) serve a statewide public purpose by assisting
694	694	the development, construction, improvement, repair, and maintenance of a
695	695	professional baseball park facilities in the state for providing recreation, by
696	696	encouraging economic development and tourism, by preserving business activities
697	697	within the state, by generating additional tax revenues that would not exist without
698	698	the baseball park facilities, by reducing unemployment, and by bringing needed
699	699	capital into the state for the benefit and welfare of people throughout the state. The
700	700	legislature determines that the taxes that may be imposed by a district under subch.
701	701	V of ch. 77 are special taxes that are generated apart from any direct annual tax on
702	702	taxable property.
703	703	SECTION 17. 229.64 (2) of the statutes is repealed.
704	704	SECTION 18. 229.65 (1) of the statutes is amended to read:
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728	728	24 - 16 -2023 - 2024 Legislature LRB-4400/1
729	729	EVM/MPG/KP:all
730	730	SECTION 18 SENATE BILL 483
731	731	229.65 (1) “Baseball park facilities" means property, tangible or intangible,
732	732	owned in whole or in substantial part, operated or leased by a district that is
733	733	principally for the support or performance of professional baseball operations
734	734	including parking lots, garages, restaurants, parks, concession facilities,
735	735	entertainment facilities and transportation facilities, and other functionally related
736	736	or auxiliary facilities or structures.
737	737	SECTION 19. 229.65 (6m) of the statutes is created to read:
738	738	229.65 (6m) “Professional baseball team” means a baseball team that is a
739	739	member of a league of professional baseball teams that have home stadiums
740	740	approved by the league in at least 10 states and a collective average attendance for
741	741	all league members of at least 10,000 persons per game over the 5 years immediately
742	742	preceding the effective date of this subsection .... [LRB inserts date].
743	743	SECTION 20. 229.65 (7) of the statutes is repealed.
744	744	SECTION 21. 229.66 (2) (a) of the statutes is amended to read:
745	745	229.66 (2) (a) A number of persons equal to the number of counties within the
746	746	jurisdiction of the district plus one, chairperson and three others, all of whom must
747	747	be state residents, appointed by the governor. At least one of the persons appointed
748	748	by the governor shall reside within each county that is within the jurisdiction of the
749	749	district. A person appointed under this paragraph may take his or her seat
750	750	immediately upon appointment and qualification, subject to confirmation or
751	751	rejection by the senate.
752	752	SECTION 22. 229.66 (2) (b) of the statutes is repealed.
753	753	SECTION 23. 229.66 (2) (bm) of the statutes is created to read:
754	754	229.66 (2) (bm) Two persons appointed by the majority leader of the senate,
755	755	both of whom must be state residents.
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781	781	LRB-4400/1
782	782	EVM/MPG/KP:all
783	783	SECTION 24
784	784	SENATE BILL 483
785	785	SECTION 24. 229.66 (2) (c) of the statutes is repealed.
786	786	SECTION 25. 229.66 (2) (cm) of the statutes is created to read:
787	787	229.66 (2) (cm) Two persons appointed by the speaker of the assembly, both of
788	788	whom must be state residents.
789	789	SECTION 26. 229.66 (2) (g) of the statutes is repealed.
790	790	SECTION 27. 229.66 (2) (gm) of the statutes is created to read:
791	791	229.66 (2) (gm) One person, who must be a state resident and who may not be
792	792	an employee of the state or of a professional baseball team that leases baseball park
793	793	facilities constructed under this subchapter as its home facilities, appointed by the
794	794	governor from a list provided by the professional baseball team. A person appointed
795	795	under this paragraph may take his or her seat immediately upon appointment and
796	796	qualification, subject to confirmation or rejection by the senate. With respect to any
797	797	of the following, a person appointed under this paragraph may not participate in any
798	798	nonpublic meeting of the board or vote:
799	799	1. Approving or amending the lease specified in s. 229.6802 (1).
800	800	2. Approving or amending the nonrelocation agreement specified in s. 229.6802
801	801	(2).
802	802	3. Approving or amending a lease or sublease other than specified under subd.
803	803	1. or 2. between the district and the professional baseball team.
804	804	4. Obtaining or accepting a loan under s. 16.09 (5).
805	805	5. Retaining a 3rd-party negotiator under s. 229.6802 (3).
806	806	6. A dispute between the district and the professional baseball team.
807	807	SECTION 28. 229.66 (3) of the statutes is repealed and recreated to read:
808	808	229.66 (3) (a) Upon appointment under sub. (2), the appointing authorities
809	809	shall certify the appointees to the secretary of administration.
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836	836	SECTION 28 SENATE BILL 483
837	837	(b) The terms of office of the district board members are as follows:
838	838	1. For the chairperson and other persons appointed under sub. (2) (a), 4 years,
839	839	except that the initial term of office for the initial chairperson appointee and one of
840	840	the 3 other initial appointees, as designated by the governor, is 2 years.
841	841	2. For the persons appointed under sub. (2) (bm) and (cm), 4 years, except that
842	842	the initial term of office of one of the 2 initial appointees under each of those
843	843	paragraphs is 2 years, as designated by the appointing authority.
844	844	3. For the person appointed under sub. (2) (gm), 4 years.
845	845	(c) Notwithstanding s. 17.07 (3), persons appointed under sub. (2) may be
846	846	removed from the district board by the appointing authority at pleasure.
847	847	(d) 1. Vacancies for persons appointed under sub. (2) shall be filled by the
848	848	appointing authority who appointed the person whose office is vacant using the
849	849	procedure provided under sub. (2) for that position.
850	850	2. A person appointed to fill a vacancy under subd. 1. shall serve for the
851	851	remainder of the term to which he or she is appointed.
852	852	SECTION 29. 229.66 (4) of the statutes is amended to read:
853	853	229.66 (4) The governor shall select the chairperson of the district board and
854	854	the district board shall elect from its membership a vice chairperson, a secretary and
855	855	a treasurer. A majority of the current membership of the district board constitutes
856	856	a quorum to do business. The Unless otherwise provided by law, the district may take
857	857	action based on the affirmative vote of a majority of those directors who are present
858	858	at a meeting of the district board. Except in the case of exigent or emergency
859	859	circumstances that make an in-person meeting impracticable, all meetings of the
860	860	district board shall be in person.
861	861	SECTION 30. 229.67 of the statutes is amended to read:
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887	887	LRB-4400/1
888	888	EVM/MPG/KP:all
889	889	SECTION 30
890	890	SENATE BILL 483
891	891	229.67 Jurisdiction. A district's jurisdiction is any county with a population
892	892	of more than 600,000 and all counties that are contiguous to that county and that are
893	893	not already included in a different district. Once created, a 750,000 that is the site
894	894	of baseball park facilities that are home to a professional baseball team. A district's
895	895	jurisdiction is fixed even if the population of other counties within the district
896	896	subsequently exceeds 600,000. Once a county is included in a district's jurisdiction
897	897	the county remains in the district until the district is dissolved under s. 229.71. In
898	898	this section, “contiguous" includes a county that touches another county only at a
899	899	corner the county decreases below 750,001.
900	900	SECTION 31. 229.68 (intro.) of the statutes is amended to read:
901	901	229.68 Powers of a district. (intro.) A district has all of the powers necessary
902	902	or convenient to carry out the purposes and provisions of this subchapter, except that
903	903	it may not incur any new obligations after the date on which the district may no
904	904	longer collect the tax under s. 77.707 (1), if such an obligation could not be paid out
905	905	of the district's revenues or assets once the tax under s. 77.707 (1) is no longer
906	906	collected. The district may not incur costs or any obligations for signage related to
907	907	a change in naming rights for the baseball park facilities. In addition to all other
908	908	powers granted by this subchapter, a district may do all of the following:
909	909	SECTION 32. 229.68 (4) (b) of the statutes is amended to read:
910	910	229.68 (4) (b) Acquire; lease, as lessor or lessee; authorize the sublease of; use;
911	911	or transfer property; except that the district may not enter into any lease or sublease
912	912	that does not receive the affirmative vote of a supermajority majority of all current
913	913	members appointed to the district board and eligible to vote on the matter.
914	914	SECTION 33. 229.68 (4) (d) of the statutes is amended to read:
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939	939	EVM/MPG/KP:all
940	940	SECTION 33 SENATE BILL 483
941	941	229.68 (4) (d) Enter into contracts, subject to this paragraph and such
942	942	standards as may be established by the district board, which standards may include
943	943	approval by a professional baseball team pursuant to the terms of a lease with the
944	944	district. For a contract, the estimated cost of which exceeds $200,000, the district
945	945	shall issue a request for proposals or other procurement document to solicit
946	946	proposals. The district board may award any such contract for any combination or
947	947	division of work it designates and may consider any factors in. In awarding a
948	948	contract, including the district board shall consider price,; time for completion of
949	949	work and; qualifications and past performance of a contractor; contractor
950	950	responsiveness; contractor eligibility in accordance with any request for proposals
951	951	or other procurement document; the results of applicable inspections and tests; and
952	952	performance standards established by the board, including with respect to quality
953	953	and workmanship. The district shall determine the most advantageous proposal
954	954	from a responsible and responsive offeror taking into consideration only the factors
955	955	under this paragraph and the evaluation criteria set forth in any request for
956	956	proposals or other procurement document. The district shall award the contract by
957	957	written notice to the selected offeror within the time for acceptance specified in the
958	958	request for proposals or other procurement document.
959	959	SECTION 34. 229.68 (7) of the statutes is amended to read:
960	960	229.68 (7) Mortgage Subject to s. 229.682 (10), mortgage, pledge, or otherwise
961	961	encumber the district's property or funds.
962	962	SECTION 35. 229.68 (8) (d) of the statutes is created to read:
963	963	229.68 (8) (d) The bonds are issued before the effective date of this paragraph
964	964	.... [LRB inserts date].
965	965	SECTION 36. 229.68 (8m) of the statutes is created to read:
966	966	1
967	967	2
968	968	3
969	969	4
970	970	5
971	971	6
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990	990	25 - 21 -2023 - 2024 Legislature
991	991	LRB-4400/1
992	992	EVM/MPG/KP:all
993	993	SECTION 36
994	994	SENATE BILL 483
995	995	229.68 (8m) Obtain loans under s. 16.09 (5) for purposes described under s.
996	996	229.687 (2). Any moneys borrowed or accepted under this subsection shall be
997	997	deposited into the baseball park facilities improvement segregated fund under s.
998	998	229.687.
999	999	SECTION 37. 229.68 (9) of the statutes is amended to read:
1000	1000	229.68 (9) Maintain funds and invest the funds in any investment that the
1001	1001	district board considers appropriate. After the effective date of this subsection ....
1002	1002	[LRB inserts date], to the extent feasible, a district shall contract with the
1003	1003	investment board to invest funds held in trust under this subchapter.
1004	1004	SECTION 38. 229.68 (11) of the statutes is repealed.
1005	1005	SECTION 39. 229.68 (12) of the statutes is amended to read:
1006	1006	229.68 (12) Set standards governing the use of, and the conduct within, its the
1007	1007	baseball park facilities in order to promote public safety and convenience and to
1008	1008	maintain order.
1009	1009	SECTION 40. 229.68 (13) of the statutes is amended to read:
1010	1010	229.68 (13) Establish and collect fees, and establish shared revenue
1011	1011	arrangements or other charges for the use of its the baseball park facilities or for
1012	1012	services rendered by the district.
1013	1013	SECTION 41. 229.68 (15) of the statutes is repealed.
1014	1014	SECTION 42. 229.68 (16) (intro.) of the statutes is amended to read:
1015	1015	229.68 (16) (intro.) Accept Subject to s. 229.682 (10) accept gifts, loans, grants,
1016	1016	and other aid, which may be used only for the following purposes:
1017	1017	SECTION 43. 229.68 (16) (a) of the statutes is amended to read:
1018	1018	229.68 (16) (a) Retiring the bonds or other debt used to develop, construct the,
1019	1019	improve, repair, or maintain baseball park facilities.
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1046	1046	SECTION 44 SENATE BILL 483
1047	1047	SECTION 44. 229.6802 of the statutes is created to read:
1048	1048	229.6802 Lease and nonrelocation agreements required. The grant
1049	1049	under s. 16.09 (3) may not be awarded unless the secretary of administration
1050	1050	determines that all of the following apply:
1051	1051	(1) LEASE. The district has entered into a customary lease arrangement with
1052	1052	a professional baseball team that satisfies all of the following:
1053	1053	(a) Has a standard term that expires no earlier than December 31, 2050.
1054	1054	(b) Requires the professional baseball team to make at least 27 annual deposits
1055	1055	in the amount of $300,000 into the baseball park facilities improvement segregated
1056	1056	fund under s. 229.687 beginning in 2024.
1057	1057	(c) In addition to the deposits under par. (b), requires the professional baseball
1058	1058	team to make at least 27 annual deposits in the amount of $1,851,852 into the
1059	1059	baseball park facilities improvement segregated fund under s. 229.687 beginning in
1060	1060	2024.
1061	1061	(d) In addition to the deposits under pars. (b) and (c), requires the professional
1062	1062	baseball team to make at least 27 annual payments in the amount of $1,208,401 to
1063	1063	the district beginning in 2024.
1064	1064	(e) In addition to the deposits and payments under pars. (b), (c), and (d),
1065	1065	requires the professional baseball team, or a 3rd party on the professional baseball
1066	1066	team's behalf, to make financial contributions in connection with the development,
1067	1067	construction, improvement, repair, and maintenance of the baseball park facilities
1068	1068	during the term of the lease in an amount that totals $50,000,000, of which
1069	1069	$25,000,000 must be so contributed before January 1, 2037, and requires the team
1070	1070	to regularly report to the district all expenditures under this paragraph.
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1096	1096	EVM/MPG/KP:all
1097	1097	SECTION 44
1098	1098	SENATE BILL 483
1099	1099	(f) Requires the professional baseball team, upon expiration of the lease or
1100	1100	termination of the lease as a result of breach by the professional baseball team, to
1101	1101	disclaim any interest in moneys of the baseball park facilities improvement
1102	1102	segregated fund under s. 229.687 and, upon request of the district, convey and
1103	1103	transfer to the district for consideration not to exceed $1 all of the professional
1104	1104	baseball team's right and title to the baseball park facilities, except for ancillary
1105	1105	improvements constructed or developed by the professional baseball team after the
1106	1106	effective date of this paragraph .... [LRB inserts date], without financial contribution
1107	1107	from the state or the district.
1108	1108	(2) NONRELOCATION AGREEMENT. The district has entered into a nonrelocation
1109	1109	agreement with the professional baseball team that, except as required by the league
1110	1110	of professional baseball teams of which the team is a member, requires the
1111	1111	professional baseball team to play all of its home games at the baseball park facilities
1112	1112	and prohibits the professional baseball team from relocating until expiration or
1113	1113	termination of the lease according to its terms.
1114	1114	(3) THIRD-PARTY NEGOTIATOR. The district has contracted with a 3rd party
1115	1115	approved by a two-thirds vote of all current members appointed to the board and
1116	1116	eligible to vote on the matter to represent the district in connection with negotiation
1117	1117	of the lease and nonrelocation agreements under this section.
1118	1118	SECTION 45. 229.6805 of the statutes is created to read:
1119	1119	229.6805 Facility management. During the term of any lease between the
1120	1120	district and a professional baseball team with respect to baseball park facilities, the
1121	1121	district shall, at the district's expense, contract with a facility management company
1122	1122	or employ an executive director with expertise in managing and operating
1123	1123	professional sports facilities and venues similar to the baseball park facilities. The
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1150	1150	SECTION 45 SENATE BILL 483
1151	1151	contract shall require the facility management company or executive director to have
1152	1152	primary responsibility to manage and supervise the development, construction,
1153	1153	improvement, repair, and maintenance of the baseball park facilities.
1154	1154	SECTION 46. 229.682 (1) of the statutes is amended to read:
1155	1155	229.682 (1) GIFTS AND DONATIONS. The district board shall explore and consider
1156	1156	ways to solicit and encourage gifts and donations for the development, construction,
1157	1157	improvement, repair, and maintenance of baseball park facilities and, to the extent
1158	1158	feasible, implement means to solicit such gifts and donations.
1159	1159	SECTION 47. 229.682 (3) of the statutes is repealed.
1160	1160	SECTION 48. 229.682 (4) of the statutes is amended to read:
1161	1161	229.682 (4) SPECIAL TICKET PROVISIONS. A major league professional baseball
1162	1162	team that uses as its home field baseball park facilities that are developed,
1163	1163	constructed, improved, repaired, or maintained under this subchapter shall
1164	1164	annually designate, for each county that is in the district's jurisdiction, at least one
1165	1165	of the team's home games in each of April, May, June, July, August, and September
1166	1166	as a discount ticket day for that county, for which residents of that county the state
1167	1167	may purchase discounted admission tickets.
1168	1168	SECTION 49. 229.682 (7) of the statutes is amended to read:
1169	1169	229.682 (7) YOUTH SPORTS ORGANIZATIONS. A major league professional baseball
1170	1170	team that uses as its home field baseball park facilities that are developed,
1171	1171	constructed, improved, repaired, or maintained under this subchapter shall make an
1172	1172	annual contribution of at least $20,000 $40,000 to youth sports organizations in this
1173	1173	state for the purchase of equipment or the rental or maintenance of athletic facilities
1174	1174	that are used by such organizations. The contributions that are required under this
1175	1175	subsection may be made in cash or equipment.
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1202	1202	EVM/MPG/KP:all
1203	1203	SECTION 50
1204	1204	SENATE BILL 483
1205	1205	SECTION 50. 229.682 (9) of the statutes is created to read:
1206	1206	229.682 (9) CAPITAL SPENDING LIMITATIONS. After 2045, the district may not
1207	1207	initiate any capital project that has an expected life span that exceeds the remaining
1208	1208	term of the lease arrangement with a professional baseball team with respect to the
1209	1209	district's baseball park facilities. This subsection does not restrict any of the
1210	1210	following capital spending:
1211	1211	(a) An amount that does not exceed the amount of the professional baseball
1212	1212	team's deposits under s. 229.6802 (1) (b) and (c) after 2045 into the baseball park
1213	1213	facilities improvement segregated fund under s. 229.687.
1214	1214	(b) For purposes related to maintaining the safety of the baseball park facilities
1215	1215	or the improvement, repair, maintenance, or replacement of the components and
1216	1216	systems necessary to operate the baseball park facilities or to comply with applicable
1217	1217	law, insurance requirements, or standards imposed by the professional baseball
1218	1218	league of which the professional baseball team is a member.
1219	1219	SECTION 51. 229.682 (10) of the statutes is created to read:
1220	1220	229.682 (10) BORROWING LIMITATIONS. After the effective date of this subsection
1221	1221	..... [LRB inserts date], the district may not borrow moneys except as provided under
1222	1222	s. 229.68 (8m).
1223	1223	SECTION 52. 229.682 (11) of the statutes is created to read:
1224	1224	229.682 (11) BONDING LIMITATIONS. Except as provided in s. 229.68 (8), the
1225	1225	district may not issue bonds.
1226	1226	SECTION 53. 229.685 (1) of the statutes is amended to read:
1227	1227	229.685 (1) The district board shall maintain a special fund into which it
1228	1228	deposits only the revenue received from the department of revenue, that is derived
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1253	1253	EVM/MPG/KP:all
1254	1254	SECTION 53 SENATE BILL 483
1255	1255	from the taxes imposed under subch. V of ch. 77, 2021 stats., and may use this
1256	1256	revenue only for purposes related to baseball park facilities.
1257	1257	SECTION 54. 229.685 (3) of the statutes is created to read:
1258	1258	229.685 (3) Annually, the district board shall transfer from a fund funded
1259	1259	under sub. (2) to the baseball park facilities improvement segregated fund under s.
1260	1260	229.687 not less than all of the following amounts:
1261	1261	(a) Through 2039, $2,200,000.
1262	1262	(b) The amount deposited under s. 20.395 (5) (ij).
1263	1263	SECTION 55. 229.687 of the statutes is created to read:
1264	1264	229.687 Baseball park facilities improvement segregated fund. (1) The
1265	1265	district shall establish and maintain a baseball park facilities improvement
1266	1266	segregated fund. The fund shall consist of all of the following:
1267	1267	(a) Moneys borrowed or accepted and deposited under s. 229.68 (8m).
1268	1268	(b) Moneys transferred from other district funds under s. 229.685 (3).
1269	1269	(c) Moneys deposited by a county or 1st class city under 229.695 and payments
1270	1270	made by the department of administration under s. 79.037 (4).
1271	1271	(d) Moneys received from the department of administration under s. 16.09.
1272	1272	(e) Payments required to be deposited by a professional baseball team under
1273	1273	a lease agreement, as specified in s. 229.6802 (1) (b) and (c).
1274	1274	(f) All income or interest earned by the investment of moneys of the fund.
1275	1275	(2) (a) Subject to par. (b), the district may use moneys deposited into the fund
1276	1276	under sub. (1) only for the following purposes:
1277	1277	1. The development, construction, improvement, repair, and maintenance of
1278	1278	baseball park facilities.
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1302	1302	24 - 27 -2023 - 2024 Legislature
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1305	1305	SECTION 55
1306	1306	SENATE BILL 483
1307	1307	2. The district's performance of obligations under any lease with a professional
1308	1308	baseball team with respect to baseball park facilities.
1309	1309	3. Repayment of loans or moneys accepted under s. 229.68 (8m).
1310	1310	4. The district's retention of a 3rd-party negotiator under s. 229.6802 (3).
1311	1311	5. After 2030, payment of annual insurance premiums with respect to the
1312	1312	ballpark facilities upon the affirmative vote of the district board and solely to the
1313	1313	extent that the district board determines that funds held by the district in accounts,
1314	1314	other than the baseball park facilities improvement segregated fund under this
1315	1315	section, are insufficient to pay the premium in full.
1316	1316	(b) The district may not use moneys deposited into the fund under sub. (1) for
1317	1317	the development, construction, improvement, repair, or maintenance of any physical
1318	1318	structure that was not owned, in whole or in part, operated, or leased by the district
1319	1319	on the effective date of this paragraph .... [LRB inserts date].
1320	1320	(3) If, for any reason, the professional baseball team notifies the district that
1321	1321	the team intends to terminate the lease agreement or the lease is otherwise
1322	1322	terminated, no moneys deposited into the fund under sub. (1) may be expended with
1323	1323	respect to the baseball park facilities after the date the district receives that notice,
1324	1324	except any of the following:
1325	1325	(a) Moneys encumbered before receipt of the notice of termination.
1326	1326	(b) Moneys expended to maintain the safety of the baseball park facilities or
1327	1327	for the improvement, repair, maintenance, or replacement of the components and
1328	1328	systems necessary to operate the baseball park facilities or comply with applicable
1329	1329	law, insurance requirements, or standards imposed by the professional baseball
1330	1330	league of which the professional baseball team is a member.
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1356	1356	SECTION 55 SENATE BILL 483
1357	1357	(c) Moneys expended to make interest payments and principal repayments of
1358	1358	loans accepted under s. 229.68 (8m).
1359	1359	(d) An amount of moneys that does not exceed the amount of the professional
1360	1360	baseball team's deposits into the baseball park facilities improvement segregated
1361	1361	fund under s. 229.6802 (1) (b) and (c) between the date of any notice of lease
1362	1362	termination and the effective date of the termination.
1363	1363	SECTION 56. 229.69 (4) of the statutes is amended to read:
1364	1364	229.69 (4) Grant to the state land or other property, especially dedicated by the
1365	1365	grant to use for a professional baseball park facilities.
1366	1366	SECTION 57. 229.695 of the statutes is created to read:
1367	1367	229.695 Obligations of certain political subdivisions. Beginning in 2024,
1368	1368	annually, no later than July 1, a county within a district's jurisdiction shall deposit
1369	1369	$5,000,000 into the baseball park facilities improvement segregated fund under s.
1370	1370	229.687 and each 1st class city within a district's jurisdiction shall deposit
1371	1371	$2,500,000 into the baseball park facilities improvement segregated fund under s.
1372	1372	229.687. This section does not apply after December 31, 2050, or after the aggregate
1373	1373	amount of deposits under this section equals $202,500,000, whichever is earlier.
1374	1374	SECTION 58. 229.71 of the statutes is amended to read:
1375	1375	229.71 Dissolution of a district. Subject Upon or after the expiration or
1376	1376	termination of all lease arrangements between the district and a professional
1377	1377	baseball team with respect to the baseball park facilities, and subject to providing
1378	1378	for the payment of its bonds, including interest on the bonds, and the performance
1379	1379	of its other contractual obligations, a district may be dissolved by the action of the
1380	1380	district board. If the district is dissolved under this section or by action of the
1381	1381	legislature, the property of the district shall be transferred to the counties in the
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1409	1409	SECTION 58
1410	1410	SENATE BILL 483
1411	1411	jurisdiction, based on the tax revenues derived from each county, as determined by
1412	1412	the secretary of administration state.
1413	1413	SECTION 59. 229.75 (3) of the statutes is amended to read:
1414	1414	229.75 (3) Bonds issued by the district shall be secured only by the district's
1415	1415	interest in any baseball park facilities, including any interest in a lease with the
1416	1416	department of administration under s. 16.82 (7); by income from these facilities; by
1417	1417	proceeds of bonds issued by the district and other amounts placed in a special
1418	1418	redemption fund and investment earnings on such these amounts; and by the taxes
1419	1419	imposed by the district under subch. V of ch. 77, 2021 stats. The district may not
1420	1420	pledge its full faith and credit on the bonds and the bonds are not a liability of the
1421	1421	district.
1422	1422	SECTION 60. 229.76 of the statutes is amended to read:
1423	1423	229.76 State pledge. The state pledges to and agrees with the bondholders,
1424	1424	and persons that enter into contracts with a district under this subchapter, that the
1425	1425	state will not limit or alter the rights and powers vested in a district by this
1426	1426	subchapter, including the rights and powers under s. 229.68 (15) power to obtain a
1427	1427	loan from the department of administration upon the request of the district under
1428	1428	s. 16.09 (5), before the district has fully met and discharged the bonds, and any
1429	1429	interest due on the bonds, and has fully performed its contracts, including any lease
1430	1430	agreement with a professional baseball team with respect to baseball park facilities,
1431	1431	unless adequate provision is made by law for the protection of the bondholders or
1432	1432	those entering into contracts with a district.
1433	1433	SECTION 61. 229.80 of the statutes is created to read:
1434	1434	229.80 Reporting. The district shall provide on an ongoing basis to the
1435	1435	department of administration, the legislative fiscal bureau, and the legislative audit
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1462	1462	SECTION 61 SENATE BILL 483
1463	1463	bureau project reports relating to all baseball park facilities and all financial reports
1464	1464	of the district.
1465	1465	SECTION 62. 341.14 (6r) (b) 13. b. of the statutes is amended to read:
1466	1466	341.14 (6r) (b) 13. b. Until the date on which the local professional baseball
1467	1467	park district board makes a certification to the department under s. 229.685 (2), the
1468	1468	remainder after crediting the appropriation account as provided in subd. 13. a. shall
1469	1469	be credited to the appropriation account under s. 20.835 (4) (gb). After the date on
1470	1470	which the local professional baseball park district board makes a certification to the
1471	1471	department under s. 229.685 (2), the The remainder after crediting the
1472	1472	appropriation account as provided in subd. 13. a. shall be credited to the
1473	1473	appropriation account under s. 20.395 (5) (ij). The department of transportation shall
1474	1474	identify and record the percentage of moneys that are attributable to each
1475	1475	professional baseball team represented by a plate under par. (f) 60.
1476	1476	SECTION 63.0Nonstatutory provisions.
1477	1477	(1) PROFESSIONAL BASEBALL PARK DISTRICT BOARD TRANSITION.
1478	1478	(a) Notwithstanding s. 229.66, the terms of all existing members of a district
1479	1479	board of a professional baseball park district created under subch. III of ch. 229
1480	1480	expire on the effective date of this paragraph.
1481	1481	(b) Not later than 30 days after the effective date of this paragraph, each
1482	1482	appointing authority under s. 229.66 (2) shall appoint the specified members of the
1483	1483	district board of a professional baseball park district created under subch. III of ch.
1484	1484	229.
1485	1485	(2) PROFESSIONAL BASEBALL PARK DISTRICT NAME. Notwithstanding s. 229.66 (7),
1486	1486	at its first meeting following the appointments under sub. (1) (b), a district board may
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1510	1510	24 - 31 -2023 - 2024 Legislature
1511	1511	LRB-4400/1
1512	1512	EVM/MPG/KP:all
1513	1513	SECTION 63
1514	1514	SENATE BILL 483
1515	1515	rename the professional baseball park district created under subch. III of ch. 229
1516	1516	that the district board governs.
1517	1517	(3) EMPLOYEES OF A PROFESSIONAL BASEBALL PARK DISTRICT. Not later than 90 days
1518	1518	after the first meeting of the district board of a professional baseball park district
1519	1519	created under subch. III or ch. 229 occurring after the effective date of this
1520	1520	subsection, the board shall affirmatively determine whether to continue or
1521	1521	discontinue the employment of each individual employed on the effective date of this
1522	1522	subsection by the district.
1523	1523	SECTION 64.0Effective dates. This act takes effect on the day after publication,
1524	1524	except as follows:
1525	1525	(1) The treatment of s. 77.707 (2) and the repeal of s. 77.707 (1) take effect on
1526	1526	January 1, 2025.
1527	1527	(2) The treatment of s. 79.037 (2) (intro.), (3), and (4) take effect on July 1, 2024.
1528	1528	(END)
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