Chapter 229

229.52 History History: 1993 a. 263.

229.53 229.53 State pledge. The state pledges to and agrees with the bondholders, and persons that enter into contracts with a district under this subchapter, that the state will not limit or alter the rights and powers vested in a district by this subchapter, including the rights and powers under s. 229.44 (15), before the district has fully met and discharged the bonds, and any interest due on the bonds, and has fully performed its contracts, unless adequate provision is made by law for the protection of the bondholders or those entering into contracts with a district.

229.53 History History: 1993 a. 263.

229.54 229.54 Responsibility to sports and entertainment arena facilities.

229.54(1) (1) Neither the state, a sponsoring municipality, nor the most populous county in which the sponsoring municipality is located is responsible for equipping, maintaining, operating, improving, and repairing sports and entertainment arena facilities.

229.54(2) (2) The district is responsible only for equipping, maintaining, operating, improving, and repairing sports and entertainment arena facilities during the initial development and construction of the sports and entertainment arena facilities. If the professional basketball team or its affiliate breaches the non-relocation agreement or lease under s. 229.461, the district is responsible for equipping, maintaining, operating, and repairing sports and entertainment arena facilities during the remainder of the lease, but only from moneys received from the parent company of the professional basketball team, the professional basketball team, or its affiliate resulting from the breach of the non-relocation agreement or lease.

229.54 History History: 2015 a. 60.

229.55 229.55 Trust funds. All moneys received under this subchapter, whether as proceeds from the sale of bonds or from any other source, are trust funds to be held and applied solely as provided in this subchapter. Any officer with whom, or any bank or trust company with which, those moneys are deposited shall act as trustee of those moneys and shall hold and apply the moneys for the purposes of this subchapter, subject to this subchapter and the bond resolution authorizing issuance of the bonds.

229.55 History History: 1993 a. 263.

229.56 229.56 Funding and refunding bonds.

229.56(1) (1) A district may issue bonds to fund or refund any outstanding bond, including the payment of any redemption premium on the outstanding bond and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase or maturity.

229.56(2) (2) A district may apply the proceeds of the bonds issued to fund or refund any outstanding bond to the purchase or retirement at maturity or redemption of the outstanding bond either on its earliest or any subsequent redemption date or upon the purchase or at the maturity of the bond. A district may, pending application, place the proceeds in escrow to be applied to the purchase or retirement at maturity or redemption on any date the board of directors determines.

229.56 History History: 1993 a. 263.

229.57 229.57 Budgets; rates and charges; audit. A district shall adopt a calendar year as its fiscal year for accounting purposes. The board of directors shall annually prepare a budget for the district. Rates and other charges received by the district shall be used for the general expenses and capital expenditures of the district and to pay interest, amortization, and retirement charges on bonds. The district shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements and debt covenants audited annually by an independent certified public accountant.

229.57 History History: 1993 a. 263.

subch. III of ch. 229 SUBCHAPTER III

LOCAL PROFESSIONAL BASEBALL PARK DISTRICTS

229.64 229.64 Legislative declaration. The legislature determines that the provision of assistance by state agencies to a district under this subchapter and any appropriation or grant of funds to a district serve a statewide public purpose by assisting the development, construction, improvement, repair, and maintenance of baseball park facilities in the state for providing recreation, by encouraging economic development and tourism, by preserving business activities within the state, by generating additional tax revenues that would not exist without the baseball park facilities, by reducing unemployment, and by bringing needed capital into the state for the benefit and welfare of people throughout the state.

229.64 History History: 1995 a. 56; 2001 a. 16; 2023 a. 40.

229.64 Annotation 1995 Wisconsin Act 56, which created subchapter III of chapter 229, is constitutional. Libertarian Party v. State, 199 Wis. 2d 791, 546 N.W.2d 424 (1996), 95-3114.

229.65 229.65 Definitions. In this subchapter:

229.65(1) (1) “Baseball park facilities” means property, tangible or intangible, owned in whole or in substantial part, operated or leased by a district that is principally for the support or performance of professional baseball operations including parking lots, garages, restaurants, parks, concession facilities, entertainment facilities and transportation facilities, and other functionally related or auxiliary facilities or structures.

229.65(2) (2) “Bond” means any bond, note or other obligation issued under s. 66.0621 by a district.

229.65(3) (3) “Bond resolution” means a resolution of the district board authorizing the issuance of, or providing terms and conditions related to, bonds and includes, where appropriate, any trust agreement, trust indenture, indenture of mortgage or deed of trust providing terms and conditions for bonds.

229.65(4) (4) “Chief executive officer” means the county executive of a county or, if the county does not have a county executive, the chairperson of the county board of supervisors.

229.65(5) (5) “District” means a special district created under this subchapter.

229.65(6) (6) “District board” means the governing board of a district.

229.65(6m) (6m) “Professional baseball team” means a baseball team that is a member of a league of professional baseball teams that have home stadiums approved by the league in at least 10 states and a collective average attendance for all league members of at least 10,000 persons per game over the 5 years immediately preceding December 7, 2023.

229.65 History History: 1995 a. 56; 1999 a. 150 s. 672; 2023 a. 40.

229.66 229.66 Creation and organization.

229.66(1) (1) There is created, for each jurisdiction under s. 229.67, a special district that is a local governmental unit, that is a body corporate and politic, that is separate and distinct from, and independent of, the state, that has the powers under s. 229.68 and the name of which includes “Professional Baseball Park District”.

229.66(2) (2) A district is governed by its district board. The district board may adopt bylaws to govern the district’s activities, subject to this subchapter. Subject to sub. (3), the district board shall consist of the following members:

229.66(2)(a) (a) A chairperson and 3 others, all of whom must be state residents, appointed by the governor. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification.

229.66(2)(b) (b) One person, who must be a state resident, appointed by the governor from a list containing the names of not fewer than 3 persons provided by the chief executive officer of the county within the jurisdiction of the district, who shall serve at the pleasure of the governor. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification.

229.66(2)(bm) (bm) Three persons appointed by the majority leader of the senate, all of whom must be state residents.

229.66(2)(cm) (cm) Three persons appointed by the speaker of the assembly, all of whom must be state residents.

229.66(2)(g) (g) One person, who must be a state resident, appointed by the governor from a list containing the names of not fewer than 3 persons provided by the mayor of the 1st class city within the jurisdiction of the district or if that city is organized under subch. I of ch. 64, the president of the council of that city, who shall serve at the pleasure of the governor. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification.

229.66(2)(gm) (gm) One person, who must be a state resident and who may not be an employee of the state or of a professional baseball team that leases baseball park facilities constructed under this subchapter as its home facilities, appointed by the governor from a list containing the names of not fewer than 3 persons provided by the professional baseball team. A person appointed under this paragraph may take his or her seat immediately upon appointment and qualification. With respect to any of the following, a person appointed under this paragraph may not participate in any nonpublic meeting of the board or vote:

229.66(2)(gm)1. 1. Approving or amending the lease specified in s. 229.6802 (1).

229.66(2)(gm)2. 2. Approving or amending the nonrelocation agreement specified in s. 229.6802 (2).

229.66(2)(gm)3. 3. Approving or amending a lease or sublease other than specified under subd. 1. or 2. between the district and the professional baseball team.

229.66(2)(gm)4. 4. Obtaining or accepting a loan under s. 16.09 (5).

229.66(2)(gm)5. 5. Retaining a 3rd-party negotiator under s. 229.6802 (3).

229.66(2)(gm)6. 6. A dispute between the district and the professional baseball team.

229.66(3) (3) 

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

229.66(3)(b) (b) The terms of office of the district board members are as follows:

229.66(3)(b)1. 1. For the chairperson and other persons appointed under sub. (2) (a), 4 years, except that the initial term of office for the initial chairperson appointee and one of the 3 other initial appointees, as designated by the governor, is 2 years.

229.66(3)(b)2. 2. For the persons appointed under sub. (2) (bm) and (cm), 4 years, except that the initial term of office of one of the 3 initial appointees under each of those paragraphs is 2 years, as designated by the appointing authority.

229.66(3)(b)3. 3. For the persons appointed under sub. (2) (b), (g), and (gm), 4 years.

229.66(3)(c) (c) Notwithstanding s. 17.07 (3), persons appointed under sub. (2) may be removed from the district board by the appointing authority at pleasure.

229.66(3)(d) (d)

229.66(3)(d)1. 1. Vacancies for persons appointed under sub. (2) shall be filled by the appointing authority who appointed the person whose office is vacant using the procedure provided under sub. (2) for that position.

229.66(3)(d)2. 2. A person appointed to fill a vacancy under subd. 1. shall serve for the remainder of the term to which he or she is appointed.

229.66(4) (4) The governor shall select the chairperson of the district board and the district board shall elect from its membership a vice chairperson, a secretary and a treasurer. A majority of the current membership of the district board constitutes a quorum to do business. Unless otherwise provided by law, the district may take action based on the affirmative vote of a majority of those directors who are present at a meeting of the district board. Except in the case of exigent or emergency circumstances that make an in-person meeting impracticable, all meetings of the district board shall be in person.

229.66(5) (5) The members of the district board shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

229.66(6) (6) Upon the appointment and qualification of a majority of the members of a district board, the district board may exercise the powers and duties of a district board under this subchapter.

229.66(7) (7) At its first meeting the district board shall name the district.

229.66 History History: 1995 a. 56; 2001 a. 103; 2023 a. 40.

229.67 229.67 Jurisdiction. A district’s jurisdiction is any county with a population of more than 750,000 that is the site of baseball park facilities that are home to a professional baseball team. A district’s jurisdiction is fixed even if the population of the county decreases below 750,001.

229.67 History History: 1995 a. 56; 2001 a. 16; 2023 a. 40.

229.68 229.68 Powers of a district. A district has all of the powers necessary or convenient to carry out the purposes and provisions of this subchapter. The district may not incur costs or any obligations for signage related to a change in naming rights for the baseball park facilities. In addition to all other powers granted by this subchapter, a district may do all of the following:

229.68(1) (1) Adopt and alter an official seal.

229.68(2) (2) Sue and be sued in its own name, plead and be impleaded.

229.68(3) (3) Maintain an office.

229.68(4) (4) In connection with baseball park facilities:

229.68(4)(a) (a) Acquire, construct, equip, maintain, improve, operate and manage the baseball park facilities as a revenue-generating enterprise, or engage other persons to do these things.

229.68(4)(b) (b) Acquire; lease, as lessor or lessee; authorize the sublease of; use; or transfer property; except that the district may not enter into any lease or sublease that does not receive the affirmative vote of a majority of all current members appointed to the district board and eligible to vote on the matter.

229.68(4)(c) (c) Improve real property.

229.68(4)(d) (d) Enter into contracts, subject to this paragraph and such standards as may be established by the district board, which standards may include approval by a professional baseball team pursuant to the terms of a lease with the district. For a contract, the estimated cost of which exceeds $200,000, the district shall issue a request for proposals or other procurement document to solicit proposals. The district board may award any such contract for any combination or division of work it designates. In awarding a contract, the district board shall consider price; time for completion of work; qualifications and past performance of a contractor; contractor responsiveness; contractor eligibility in accordance with any request for proposals or other procurement document; the results of applicable inspections and tests; and performance standards established by the board, including with respect to quality and workmanship. The district shall determine the most advantageous proposal from a responsible and responsive offeror taking into consideration only the factors under this paragraph and the evaluation criteria set forth in any request for proposals or other procurement document. The district shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals or other procurement document.

229.68(4)(e) (e) Grant concessions.

229.68(4)(f) (f) Make a grant of land or other property to the state, especially dedicated by the grant to use for a professional baseball park.

229.68(5) (5) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.

229.68(6) (6) Purchase insurance, establish and administer a plan of self-insurance or, subject to an agreement with another governmental entity under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

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

229.68(8) (8) Issue revenue bonds under s. 66.0621, subject to ss. 229.72 to 229.79, and enter into agreements related to the issuance of bonds, including liquidity and credit facilities, remarketing agreements, insurance policies, guaranty agreements, letter of credit or reimbursement agreements, indexing agreements, interest exchange agreements and currency exchange agreements, except that the district may issue bonds under this subsection only if all of the following conditions are met:

229.68(8)(a) (a) A supermajority of the district board vote in favor of issuing bonds.

229.68(8)(b) (b) A majority of the members of the district board determines, based on the best available information, that the total cost of the initial construction of baseball park facilities does not exceed $250,000,000.

229.68(8)(c) (c) A majority of the members of the district board determines that the district’s lease arrangement with the professional baseball team franchise that uses baseball park facilities constructed under this subchapter as its home facilities incorporates a term of at least 30 years.

229.68(8)(d) (d) The bonds are issued before December 7, 2023.

229.68(8m) (8m) Obtain loans under s. 16.09 (5) for purposes described under s. 229.687 (2). Any moneys borrowed or accepted under this subsection shall be deposited into the baseball park facilities improvement segregated fund under s. 229.687.

229.68(9) (9) Maintain funds and invest the funds in any investment that the district board considers appropriate. After December 7, 2023, to the extent feasible, a district shall contract with the investment board to invest funds held in trust under this subchapter.

229.68(12) (12) Set standards governing the use of, and the conduct within, the baseball park facilities in order to promote public safety and convenience and to maintain order.

229.68(13) (13) Establish and collect fees, and establish shared revenue arrangements or other charges for the use of the baseball park facilities or for services rendered by the district.

229.68(14) (14) Enter into partnerships, joint ventures, common ownership or other arrangements with other persons to further the district’s purposes.

229.68(16) (16) Subject to s. 229.682 (10) accept gifts, loans, grants, and other aid, which may be used only for the following purposes:

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

229.68(16)(b) (b) Maintaining the baseball park facilities.

229.68(16)(c) (c) Operating the baseball park facilities.