Amendment SA1-AB438

LRBa0689/1

MPG&EVM:skw/amn/cdc

2023 - 2024 LEGISLATURE

SENATE AMENDMENT 1, TO ASSEMBLY BILL 438

November 7, 2023 - Offered by Senator Feyen.

AB438-SA1,1,1 At the locations indicated, amend the bill as follows:

AB438-SA1,1,2 1. Page 6, line 1: before that line insert:

AB438-SA1,1,3 “ Section 1k. 13.94 (1) (z) of the statutes is created to read:

AB438-SA1,1,8 13.94 (1) (z) After the end of each fiscal biennium, concluding with the 2049-51 fiscal biennium, conduct a financial audit of a local professional baseball park district created under subch. III of ch. 229. The legislative audit bureau shall file a copy of each audit report under this paragraph with the distributees specified in par. (b).

AB438-SA1,1m Section 1m. 13.94 (1s) (c) 10. of the statutes is created to read:

AB438-SA1,1,12 13.94 (1s) (c) 10. A local professional baseball park district created under subch. III of ch. 229 for the cost of the audit required to be performed under sub. (1) (z).”.

AB438-SA1,1,13 2. Page 7, line 22: delete “Twenty-two" and substitute “Twenty".

AB438-SA1,2,1 3. Page 8, line 7: after that line insert:

AB438-SA1,2,4 “5. Beginning with the 20th annual payment and working backward, the annual payments scheduled to be made under this paragraph shall be reduced by an amount equal to the amount certified under s. 229.682 (12) (d).”.

AB438-SA1,2,6 4. Page 8, line 12: delete the material beginning with “to assist" and ending with “loan" on line 14.

AB438-SA1,2,7 5. Page 8, line 16: delete “$50,000,000" and substitute “$35,000,000".

AB438-SA1,2,8 6. Page 8, line 16: after that line insert:

AB438-SA1,2,13 “(am) The district shall maintain all proceeds from loans issued under this subsection in a separate account in the baseball park facilities improvement segregated fund established under s. 229.687 and may expend the loan proceeds only for major capital repairs, retractable roof maintenance and repairs, and necessary improvements to the baseball park facilities.”.

AB438-SA1,2,15 7. Page 17, line 10: after “list" insert “containing the names of not fewer than 3 persons".

AB438-SA1,2,16 8. Page 22, line 16: delete “27 annual" and substitute “22 annual rental".

AB438-SA1,2,20 9. Page 22, line 17: after “2024" insert “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".

AB438-SA1,3,2 10. Page 25, line 18: after “(8m)." insert “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.".

AB438-SA1,3,3 11. Page 25, line 21: after that line insert:

AB438-SA1,3,4 “ Section 52m. 229.682 (12) of the statutes is created to read:

AB438-SA1,3,13 229.682 (12) Ticket surcharge. (a) Except as provided in par. (b), the district board shall require that the sponsor of an event, 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, held at the baseball park facilities of the district impose the following ticket surcharges and deliver the surcharge moneys to the district board:

AB438-SA1,3,15 1. Except as provided in subd. 2., for each ticket that is sold to the event, a $2 surcharge.

AB438-SA1,3,17 2. For each ticket sold that entitles the holder to access a stadium luxury box or suite, an $8 surcharge.

AB438-SA1,3,19 (b) No ticket surcharge under par. (a) may be charged for any of the following categories of events:

AB438-SA1,3,21 1. Events for which the sponsor is a professional baseball team that uses the baseball park facilities as its home field.

AB438-SA1,3,22 2. Events that are not ticketed.

AB438-SA1,3,23 3. Events for which tickets are provided at no charge.

AB438-SA1,4,2 4. Events held to benefit or honor military or law enforcement or other emergency response personnel.

AB438-SA1,4,3 5. Political conventions.

AB438-SA1,4,4 6. Charitable events.

AB438-SA1,4,6 7. Events for which tickets were made available for presale or sale before the effective date of this subdivision .... [LRB inserts date].

AB438-SA1,4,8 (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.

AB438-SA1,4,10 (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.”.

AB438-SA1,4,12 12. Page 26, line 19: delete “(c)" and substitute “(c), and the moneys required to be deposited by the district under s. 229.6802 (1) (d)".

AB438-SA1,4,13 13. Page 26, line 20: after that line insert:

AB438-SA1,4,14 “(g) Ticket surcharge receipts deposited under s. 229.682 (12) (c).

AB438-SA1,4,17 (h) Between 2046 and 2050, $2,000,000 of each annual rental payment required to be paid by the professional baseball team under a lease agreement, as specified in s. 229.6802 (1) (d).”.

AB438-SA1,4,22 14. Page 30, line 2: after that line, on page 4, line 15, of the material inserted by assembly amendment 1, after “study." insert “The redevelopment report shall contain a recommendation supporting or opposing a potential payment in lieu of general property taxes for any development of the baseball park facilities of the district other than a baseball stadium.".

AB438-SA1,4,23 15. Page 30, line 22: after that line insert:

AB438-SA1,5,6 “(c) Beginning on the effective date of this paragraph, the secretary of administration or the secretary's designee shall act as the district board of a professional baseball district created under subch. III of ch. 229 for purposes of approving regular disbursements of the district. This paragraph does not apply after the appointment and qualification of a majority of the members of the district board.”.

AB438-SA1,5,7 (End)