Bill Text: MN HF2422 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Arden Hills stadium construction, electronic pull-tabs and bingo authorized; public infrastructure improvement funding provided, bonds issued, and money appropriated.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-02-22 - Introduction and first reading, referred to Commerce and Regulatory Reform [HF2422 Detail]
Download: Minnesota-2011-HF2422-Introduced.html
1.2relating to stadiums; constructing a stadium in Arden Hills; authorizing electronic
1.3pull-tabs and bingo; authorizing the sale and issuance of state appropriation
1.4bonds; funding public infrastructure improvements; appropriating money;
1.5amending Minnesota Statutes 2010, sections 3.971, subdivision 6; 3.9741, by
1.6adding a subdivision; 13.55, subdivision 1; 297A.71, by adding a subdivision;
1.7297A.992, by adding a subdivision; 349.12, subdivisions 3b, 3c, 5, 6a, 12a, 18,
1.825b, 25c, 25d, 29, 31, 32, by adding subdivisions; 349.13; 349.151, subdivisions
1.94b, 4c, by adding a subdivision; 349.161, subdivisions 1, 5; 349.162, subdivision
1.105; 349.163, subdivisions 1, 5, 6; 349.1635, subdivisions 2, 3, by adding a
1.11subdivision; 349.17, subdivisions 6, 7, 8, by adding a subdivision; 349.1721;
1.12349.18, subdivision 1; 349.19, subdivisions 2, 3, 5, 10; 349.211, subdivision
1.131a; 349.2127, subdivision 2; 352.01, subdivision 2a; 473.121, subdivision 5a;
1.14473.164; 473.565, subdivision 1; Minnesota Statutes 2011 Supplement, sections
1.1510A.01, subdivision 35; 340A.404, subdivision 1; proposing coding for new law
1.16in Minnesota Statutes, chapter 383A; proposing coding for new law as Minnesota
1.17Statutes, chapter 473J; repealing Minnesota Statutes 2010, sections 137.50,
1.18subdivision 5; 473.551; 473.552; 473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9,
1.1910, 11, 12, 13; 473.556, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16,
1.2017; 473.561; 473.564, subdivisions 2, 3; 473.572; 473.581; 473.592, subdivision
1.211; 473.595; 473.5955; 473.596; 473.598; 473.599; 473.5995; 473.76.
1.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25 Section 1. Minnesota Statutes 2010, section 3.971, subdivision 6, is amended to read:
1.26 Subd. 6. Financial audits. The legislative auditor shall audit the financial
1.27statements of the state of Minnesota required by section16A.50 and, as resources permit,
1.28shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
1.29agencies, departments, boards, commissions, courts, and other state organizations subject
1.30to audit by the legislative auditor, including the State Agricultural Society, Agricultural
2.1Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
2.2Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
2.3Metropolitan Sports Facilities Commission, Minnesota Stadium Authority, Metropolitan
2.4Airports Commission, and Metropolitan Mosquito Control District. Financial audits
2.5must be conducted according to generally accepted government auditing standards. The
2.6legislative auditor shall see that all provisions of law respecting the appropriate and
2.7economic use of public funds are complied with and may, as part of a financial audit or
2.8separately, investigate allegations of noncompliance.
2.9 Sec. 2. Minnesota Statutes 2010, section 3.9741, is amended by adding a subdivision
2.10to read:
2.11 Subd. 4. Minnesota Stadium Authority. Upon the audit of the financial accounts
2.12and affairs of the Minnesota Stadium Authority, the authority is liable to the state for the
2.13total cost and expenses of the audit, including the salaries paid to the examiners while
2.14actually engaged in making the examination. The legislative auditor may bill the authority
2.15either monthly or at the completion of the audit. All collections received for the audits
2.16must be deposited in the general fund.
2.17 Sec. 3. Minnesota Statutes 2011 Supplement, section 10A.01, subdivision 35, is
2.18amended to read:
2.19 Subd. 35. Public official. "Public official" means any:
2.20 (1) member of the legislature;
2.21 (2) individual employed by the legislature as secretary of the senate, legislative
2.22auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
2.23legislative analyst, or attorney in the Office of Senate Counsel and Research or House
2.24Research;
2.25 (3) constitutional officer in the executive branch and the officer's chief administrative
2.26deputy;
2.27 (4) solicitor general or deputy, assistant, or special assistant attorney general;
2.28 (5) commissioner, deputy commissioner, or assistant commissioner of any state
2.29department or agency as listed in section15.01 or
15.06 , or the state chief information
2.30officer;
2.31 (6) member, chief administrative officer, or deputy chief administrative officer of a
2.32state board or commission that has either the power to adopt, amend, or repeal rules under
2.33chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
3.1 (7) individual employed in the executive branch who is authorized to adopt, amend,
3.2or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
3.3 (8) executive director of the State Board of Investment;
3.4 (9) deputy of any official listed in clauses (7) and (8);
3.5 (10) judge of the Workers' Compensation Court of Appeals;
3.6 (11) administrative law judge or compensation judge in the State Office of
3.7Administrative Hearings or unemployment law judge in the Department of Employment
3.8and Economic Development;
3.9 (12) member, regional administrator, division director, general counsel, or operations
3.10manager of the Metropolitan Council;
3.11 (13) member or chief administrator of a metropolitan agency;
3.12 (14) director of the Division of Alcohol and Gambling Enforcement in the
3.13Department of Public Safety;
3.14 (15) member or executive director of the Higher Education Facilities Authority;
3.15 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
3.16 (17) member of the board of directors or executive director of the Minnesota State
3.17High School League;
3.18 (18) member of the Minnesota Ballpark Authority established in section473.755 ;
3.19 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
3.20 (20) manager of a watershed district, or member of a watershed management
3.21organization as defined under section103B.205, subdivision 13 ;
3.22 (21) supervisor of a soil and water conservation district;
3.23(22) director of Explore Minnesota Tourism;
3.24 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
3.25section 97A.056;or
3.26(24) a citizen member of the Clean Water Council established in section114D.30 .; or
3.27(25) member or chief executive of the Minnesota Stadium Authority established
3.28in section 473J.05.
3.29 Sec. 4. Minnesota Statutes 2010, section 297A.71, is amended by adding a subdivision
3.30to read:
3.31 Subd. 43. Building materials, football stadium. Materials and supplies used
3.32or consumed in, and equipment incorporated into, the construction or improvement of
3.33the football stadium, and infrastructure as defined under section 473J.03, subdivision
3.3413, constructed pursuant to this act are exempt. This subdivision expires one year
3.35after the date that the first National Football League game is played in the stadium for
4.1materials, supplies, and equipment used in the stadium, and five years after the issuance
4.2of the first bonds under section 473J.19 for materials, supplies, and equipment used in
4.3the infrastructure.
4.4EFFECTIVE DATE.This section is effective for sales and purchases made after
4.5June 30, 2012.
4.6 Sec. 5. Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 1, is
4.7amended to read:
4.8 Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to
4.9the following establishments located within its jurisdiction:
4.10(1) hotels;
4.11(2) restaurants;
4.12(3) bowling centers;
4.13(4) clubs or congressionally chartered veterans organizations with the approval of
4.14the commissioner, provided that the organization has been in existence for at least three
4.15years and liquor sales will only be to members and bona fide guests, except that a club
4.16may permit the general public to participate in a wine tasting conducted at the club under
4.17section340A.419 ;
4.18(5) sports facilities located on land owned or leased by the Minnesota Stadium
4.19Authority;
4.20(5) (6) sports facilities located on land owned by the Metropolitan Sports
4.21Commission; and
4.22(6) (7) exclusive liquor stores.
4.23(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
4.24or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
4.25ordinance, or charter provision. A license issued under this paragraph authorizes sales on
4.26all days of the week to persons attending events at the theater.
4.27(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
4.28or an on-sale malt liquor license to a convention center within the city, notwithstanding
4.29any law, local ordinance, or charter provision. A license issued under this paragraph
4.30authorizes sales on all days of the week to persons attending events at the convention
4.31center. This paragraph does not apply to convention centers located in the seven-county
4.32metropolitan area.
4.33(d) A city may issue an on-sale wine license and an on-sale malt liquor license to
4.34a person who is the owner of a summer collegiate league baseball team, or to a person
4.35holding a concessions or management contract with the owner, for beverage sales at a
5.1ballpark or stadium located within the city for the purposes of summer collegiate league
5.2baseball games at the ballpark or stadium, notwithstanding any law, local ordinance, or
5.3charter provision. A license issued under this paragraph authorizes sales on all days of the
5.4week to persons attending baseball games at the ballpark or stadium.
5.5 Sec. 6. [473J.01] PURPOSE.
5.6The purpose of this chapter is to provide for the planning, construction, financing,
5.7and long-term use of a stadium as a venue for professional football and a broad range
5.8of community, civic, and sporting events. The legislature finds and declares that the
5.9expenditure of public money by the county and the state for this purpose is necessary
5.10and serves a public and important statewide purpose, and that property acquired by the
5.11county and/or the authority for the construction of the stadium and related infrastructure is
5.12acquired for a public use or public purpose under chapter 117. The legislature further finds
5.13and declares that any provision in a lease or use agreement with a professional football
5.14team that requires the team to play all of its home games in a publicly funded stadium,
5.15with exceptions as provided in section 473J.11, subdivision 5, for the duration of the
5.16lease or use agreement serves a unique public purpose for which the remedies of specific
5.17performance and injunctive relief are essential to its enforcement. The legislature further
5.18finds and declares that government assistance to facilitate the presence of professional
5.19football provides to the state of Minnesota and its citizens highly valued intangible
5.20benefits that are virtually impossible to quantify and, therefore, not recoverable even if
5.21the government receives monetary damages in the event of a team's breach of contract.
5.22Minnesota courts are, therefore, charged with protecting those benefits through the use
5.23of specific performance and injunctive relief as provided in this chapter and in the lease
5.24and use agreements.
5.25 Sec. 7. [473J.03] DEFINITIONS.
5.26 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
5.27this section have the meanings given them, except as otherwise expressly provided or
5.28indicated by the context.
5.29 Subd. 2. Authority. "Authority" means the Minnesota Stadium Authority
5.30established under section 473J.05.
5.31 Subd. 3. City. "City" means the city of Arden Hills.
5.32 Subd. 4. County. "County" means Ramsey County.
6.1 Subd. 5. County agreement. "County agreement" means the definitive agreement
6.2or agreements to be entered into between the county and the team which shall be consistent
6.3with the principles of agreement.
6.4 Subd. 6. Development area. "Development area" means the Twin Cities Army
6.5Ammunitions Plant site in Arden Hills as further described in the county agreement.
6.6 Subd. 7. Infrastructure costs. "Infrastructure costs" means the costs of all property,
6.7facilities, and improvements determined by the authority as necessary or desirable to
6.8facilitate the development and use of the stadium, including but not limited to property and
6.9improvements for drainage, environmental remediation, parking, on-site roadways and
6.10public rights-of-way, walkways, skyways, pedestrian bridges, bicycle paths, and transit
6.11improvements to facilitate public access to the stadium, lighting, landscaping, utilities,
6.12streets, and streetscapes. Infrastructure costs do not include off-site public infrastructure
6.13improvements.
6.14 Subd. 8. Land acquisition costs. "Land acquisition costs" means the costs of
6.15acquiring the land for the project.
6.16 Subd. 9. NFL. The NFL is the National Football League.
6.17 Subd. 10. Principles of agreement. "Principles of agreement" means the Ramsey
6.18County/Minnesota Vikings Principles of Agreement for the development of a new
6.19multipurpose stadium, dated May 10, 2011.
6.20 Subd. 11. Stadium. "Stadium" means the stadium suitable for professional football
6.21to be designed, constructed, and financed under this chapter. The stadium must have a
6.22fixed roof that covers the stadium.
6.23 Subd. 12. Stadium costs. "Stadium costs" means the costs of designing,
6.24constructing, and equipping a stadium suitable for professional football and for other
6.25civic and community uses.
6.26 Subd. 13. Stadium project. "Stadium project" means the stadium and
6.27accompanying on-site infrastructure costs. It does not include ancillary private real estate
6.28development.
6.29 Subd. 14. Streetscape. "Streetscape" means improvements to streets and sidewalks
6.30or other public rights-of-way for the purpose of enhancing the movement, safety,
6.31convenience, or enjoyment of stadium patrons and other pedestrians, including decorative
6.32lighting and surfaces, plantings, display and exhibit space, adornments, seating, and
6.33transit and bus shelters.
6.34 Subd. 15. Team. "Team" means the owner of the professional football team known,
6.35as of the effective date of this chapter, as the Minnesota Vikings or any owner who
7.1purchases or otherwise takes ownership or control of or reconstitutes the professional
7.2football team known as the Minnesota Vikings.
7.3 Subd. 16. Watershed district. "Watershed district" means the Rice Creek
7.4Watershed District.
7.5 Subd. 17. Off-site public infrastructure. "Off-site public infrastructure" means
7.6road, sewer, water, or other public improvements of a capital nature that are necessary
7.7to provide public access to the stadium and that are not included in infrastructure as
7.8defined in subdivision 7.
7.9 Sec. 8. [473J.05] MINNESOTA STADIUM AUTHORITY.
7.10 Subdivision 1. Establishment and purpose. The authority is established as a
7.11public body, corporate and politic, and political subdivision of the state. In addition to
7.12those powers and duties ascribed the authority herein, the authority shall ensure athletic,
7.13educational, cultural, commercial and other entertainment, instruction, and activity for
7.14the citizens of Minnesota and visitors. The authority is not a joint powers entity or an
7.15agency or instrumentality of the county.
7.16 Subd. 2. Membership; terms. (a) The authority shall consist of five members.
7.17(b) The chair and two members shall be appointed by the governor. One member
7.18appointed by the governor shall serve until December 31 of the third year following
7.19appointment and the other shall serve until December 31 of the sixth year following
7.20appointment. Thereafter, members appointed by the governor shall serve six-year terms,
7.21beginning January 1. The chair serves at the pleasure of the governor. All members
7.22appointed by the governor must reside outside the county.
7.23(c) The governing board of the county shall appoint two members to the authority.
7.24One member appointed by the county shall serve until December 31 of the third year
7.25following appointment and one member shall serve until December 31 of the sixth year
7.26following appointment. Thereafter, members appointed by the county shall serve six-year
7.27terms, beginning January 1. Members appointed under this paragraph may reside within
7.28or outside the county. One member appointed by the county may be from Arden Hills.
7.29(d) Each member appointed under this subdivision serves until a successor is
7.30appointed and takes office. A member must not be an appointed or elected official of any
7.31political subdivision. If a vacancy occurs as provided in section 351.02, it shall be filled by
7.32the appointing authority in the same manner in which the original appointment was made.
7.33 Subd. 3. Compensation. The authority may compensate its members, other than the
7.34chair, as provided in section 15.0575. The chair shall receive, unless otherwise provided
8.1by other law, a salary in an amount fixed by the authority and shall be reimbursed for
8.2reasonable expenses to the same extent as a member.
8.3 Subd. 4. Chair; other officers. The chair presides at all meetings of the authority, if
8.4present, and performs all other assigned duties and functions. The authority may appoint
8.5from among its members a vice-chair to act for the chair during the temporary absence
8.6or disability of the chair and any other officers the authority determines are necessary
8.7or convenient.
8.8 Subd. 5. Bylaws. The authority shall adopt bylaws to establish rules of procedure,
8.9the powers and duties of its officers, and other matters relating to the governance of the
8.10authority and the exercise of its powers.
8.11 Subd. 6. Audit. The legislative auditor shall audit the books and accounts of the
8.12authority once each year or as often as the legislative auditor's funds and personnel permit.
8.13The authority shall pay the total cost of the audit pursuant to section 3.9741.
8.14 Subd. 7. Executive director; employees. The authority may appoint an executive
8.15director to serve as the chief executive officer of the authority. The executive director
8.16serves at the pleasure of the authority and receives compensation as determined by it.
8.17The executive director is responsible for the operation, management, and promotion of
8.18activities of the authority, as prescribed by the authority. The executive director has the
8.19powers necessarily incident to the performance of duties required and powers granted by
8.20the authority, but does not have authority to incur liability or make expenditures on behalf
8.21of the authority without general or specific directions by the authority, as shown by the
8.22bylaws or minutes of a meeting of the authority. The executive director is responsible for
8.23hiring, supervision, and dismissal of all other employees of the authority.
8.24 Subd. 8. Web site. The authority shall establish a Web site for purposes of
8.25providing information to the public concerning all actions taken by the authority. At a
8.26minimum, the Web site must contain a current version of the authority's bylaws, notices
8.27of upcoming meetings, minutes of the authority's meetings, and contact telephone and
8.28facsimile numbers for public comments.
8.29 Subd. 9. Accounts of the authority. The authority shall establish accounts to
8.30receive and expend money for planning, construction, operations, maintenance, and
8.31capital expenditures.
8.32 Sec. 9. [473J.07] POWERS, DUTIES OF THE AUTHORITY.
8.33 Subdivision 1. Actions. The authority may sue and be sued. The stadium and
8.34infrastructure are public improvements within the meaning of chapter 562. The authority
8.35is a municipality within the meaning of chapter 466.
9.1 Subd. 2. Acquisition of property. The authority may acquire from any public or
9.2private entity by lease, purchase, gift, or devise all necessary right, title, and interest in
9.3and to real property, air rights, and personal property deemed necessary to the purposes
9.4contemplated by this chapter.
9.5 Subd. 3. Disposition of property. The authority may sell, lease, transfer, or
9.6otherwise dispose of any real or personal property acquired by the authority that is no
9.7longer required for accomplishment of the authority's purposes. The property may be sold
9.8in accordance with the procedures provided by section469.065 , except subdivisions 5, 6,
9.9and 7, to the extent the authority deems it to be practical and consistent with this chapter.
9.10Title to the stadium must not be transferred or sold prior to the effective date of enactment
9.11of any legislation approving such transfer or sale.
9.12 Subd. 4. Data practices; open meetings. Except as otherwise provided in this
9.13chapter, the authority is subject to chapters 13 and 13D.
9.14 Subd. 5. Employees; contracts for services. The authority may employ persons
9.15and contract for services necessary to carry out its functions, including the utilization of
9.16employees and consultants retained by other governmental entities.
9.17 Subd. 6. Gifts, grants. The authority may accept monetary contributions, property,
9.18services, and grants or loans of money or other property from the United States, the state,
9.19any subdivision of the state, any agency of those entities, or any person for any of its
9.20purposes, and may enter into any agreement required in connection with the gifts, grants,
9.21or loans. The authority shall hold, use, and dispose of the money, property, or services
9.22according to the terms of the monetary contributions, grant, loan, or agreement.
9.23 Subd. 7. Research. The authority may conduct research studies and programs;
9.24collect and analyze data; prepare reports, maps, charts, and tables; and conduct all
9.25necessary hearings and investigations in connection with its functions.
9.26 Subd. 8. Insurance. The authority may require any employee to obtain and file
9.27with the authority an individual bond or fidelity insurance policy. The authority may
9.28procure insurance in the amounts the authority considers necessary against liability of the
9.29authority and its officers and employees for personal injury or death and property damage
9.30or destruction, consistent with chapter 466, and against risks of damage to or destruction
9.31of any of its facilities, equipment, or other property.
9.32 Subd. 9. Metropolitan Council review. The acquisition and betterment of a
9.33stadium and the construction of the accompanying infrastructure, as provided herein, must
9.34be conducted pursuant to this chapter and are subject to sections473.165 and
473.173 .
10.1 Subd. 10. Business Subsidy Act exemption. Section116J.994 does not apply to
10.2any transactions of the authority or other governmental entity related to the stadium or
10.3infrastructure or to any tenant or other users of the stadium or infrastructure.
10.4 Subd. 11. Incidental powers. In addition to the powers expressly granted in this
10.5chapter, the authority has all powers necessary or incidental thereto.
10.6 Subd. 12. Authority review. All agreements between the county and the team must
10.7be public and are subject to review, amendment, and approval by the authority.
10.8 Sec. 10. [473J.09] STADIUM OPERATIONS.
10.9 Subdivision 1. Stadium operation. The authority may own, develop, construct,
10.10equip, improve, operate, manage, maintain, and control the stadium, parking facilities, and
10.11related facilities constructed or acquired under this chapter. The stadium shall be operated
10.12in a first-class manner, similar to and consistent with that of other comparable NFL
10.13stadiums. The authority and team will jointly select an experienced management company
10.14or individual to manage the stadium on behalf of the authority and the team. Terms of a
10.15management contract may be negotiated between the team and authority, but must include:
10.16(1) a provision granting the team operational control of matters related to NFL
10.17games;
10.18(2) a provision granting operational control of matters related to non-NFL events to
10.19the authority;
10.20(3) a provision requiring mutual agreement on selection of vendors; and
10.21(4) a provision requiring mutual agreement on all other provisions.
10.22 Subd. 2. Use agreements. The authority may lease, license, or enter into use
10.23agreements and may fix, alter, charge, and collect rentals, fees, and charges for the use,
10.24occupation, and availability of part or all of any premises, property, or facilities under its
10.25ownership, operation, or control with the team and for purposes that will provide athletic,
10.26educational, cultural, commercial, or other entertainment, instruction, or activity for the
10.27citizens of Minnesota and visitors. The lease or use agreement may provide that the other
10.28contracting party has exclusive use of the premises at the times agreed upon, as well as
10.29the right to retain some or all revenues from ticket sales, suite licenses, concessions,
10.30advertising, naming rights, and other revenues derived from the stadium. The lease or
10.31use agreement with a team must provide for the payment by the team of an agreed-upon
10.32portion of operating and maintenance costs and expenses and provide other terms in
10.33which the authority and team agree. In no case may a lease or use agreement permit
10.34smoking in the stadium.
11.1 Subd. 3. Operating expenses. The authority must provide in the lease or use
11.2agreements with the team that the team pay for operating costs of the stadium except for
11.3costs associated with non-NFL events, which shall be paid by the authority. A lease or use
11.4agreement may include provisions for the payment of operating expenses and for a capital
11.5reserve. The authority shall agree to provide in the lease or use agreement for the team
11.6to receive all game-day revenues and suite revenues. The agreement shall provide that
11.7naming rights to the stadium are retained by the team, subject to the approval of the name
11.8or names by the authority. The agreement shall provide for the authority to receive all
11.9general ticket revenues from nonprofessional football games or events. The county shall
11.10pay the authority $1,500,000 annually for operating expenses, beginning January 1, 2013,
11.11and this amount shall grow by an agreed-upon annual inflation rate thereafter.
11.12 Subd. 4. Public access. The authority will work to maximize access for public and
11.13amateur sports, community, and civic events and other public events in type and on terms
11.14consistent with those currently held at the Hubert H. Humphrey Metrodome, as defined
11.15in section 473.551, subdivision 9. The authority may provide that these events have
11.16exclusive use of the premises at agreed-upon times.
11.17 Subd. 5. Municipal services. The team shall be responsible for any and all costs
11.18incurred for municipal services, including but not limited to police and security, traffic
11.19control, fire prevention, emergency medical, street cleaning and trash removal, and other
11.20similar services provided for events held by the team. The city and county shall consult
11.21with the team and authority to determine appropriate public and private staffing levels for
11.22police and security, traffic control, fire prevention, emergency medical, street cleaning
11.23and trash removal, and other similar services based upon anticipated attendance for NFL
11.24games and any other events held at the stadium. If the city or county determines that a
11.25public safety issue exists with respect to a particular NFL game or event, the city and
11.26county shall have the right to determine and impose the staffing level for such event.
11.27Sponsors of civic, noncommercial events and uses shall be responsible for any and all
11.28incremental costs incurred for municipal services provided for its event.
11.29 Sec. 11. [473J.11] LEASE OR USE AGREEMENT; CONDITIONS AND
11.30CRITERIA.
11.31 Subdivision 1. Scope. The lease or use agreement or other transaction documents
11.32between the authority and the team shall include the criteria and conditions contained
11.33in this section.
11.34 Subd. 2. Term. The team will enter into a stadium lease or use agreement with the
11.35county or authority for a term of 30 years, with team options to extend the term.
12.1 Subd. 3. Capital improvements. (a) The authority shall be responsible for making,
12.2or for causing others to make, all capital repairs, replacements, and improvements for the
12.3stadium and parking facilities. The authority shall maintain or cause others to maintain
12.4the stadium and parking facilities in a safe, clean, attractive, and first class manner so
12.5as to cause them to remain in a condition comparable to that of other NFL facilities of
12.6similar design and age, ordinary wear and tear excepted. The authority shall maintain, or
12.7cause others to maintain, the stadium and parking facilities in a manner that is consistent
12.8with all applicable requirements imposed by the NFL, and with the original design and
12.9construction program of the stadium and parking facilities. The authority shall make, or
12.10cause others to make, all necessary or appropriate repairs, renewals, and replacements,
12.11whether structural or nonstructural, interior or exterior, ordinary or extraordinary, foreseen
12.12or unforeseen, in a prompt and timely manner.
12.13(b) The county must contribute $1,000,000 and the team must contribute $2,000,000
12.14annually for the term of lease to the reserve fund. The team and county contributions are
12.15subject to an annual growth of three percent, or to an inflationary index, as determined
12.16by the authority; however, the amount of any increase in the county's contribution shall
12.17not exceed the annual amount of the increase in sales tax net proceeds collected in the
12.18county in each year. The county shall have no responsibility for any capital repairs,
12.19replacements, or improvements to the stadium and parking facilities beyond the annual
12.20contribution described herein.
12.21(c) The team shall pay for any required capital repairs, replacements, and
12.22improvements in excess of the amounts available in the reserve fund. The reserve fund
12.23shall be used to fund all activities described in this paragraph but shall not be used to
12.24remedy design or specification deficiencies.
12.25(d) The team and authority shall develop both a short-term and long-term capital
12.26funding plan, and shall use that plan to guide all future capital needs of the stadium project.
12.27 Subd. 4. In-lieu rent; game day payments. The team is responsible for operating
12.28expenses of the stadium and parking facilities in-lieu of rent. Non-NFL event expenses
12.29must be paid by the authority. The team shall pay all game-day expenses and shall pay for
12.30all required municipal services.
12.31 Subd. 5. No escape. The team shall play all regularly scheduled home games,
12.32including preseason and regular season, at the stadium for 30 years. The team shall
12.33not enter into a contractual arrangement with a public or private entity, other than the
12.34authority, to play any home games at a stadium location other than the stadium. However,
12.35the team shall have the ability to play occasional league mandated home games at a
12.36facility other than the stadium, or not more than one permitted specialty home game per
13.1year at a facility other than the stadium. The lease or use agreement must include terms
13.2for default, termination, and breach of the agreement. Recognizing that the presence of
13.3professional football provides to the state of Minnesota and its citizens highly valued,
13.4intangible benefits that are virtually impossible to quantify and, therefore, not recoverable
13.5in the event of a team owner's breach of contract, the lease and use agreements must
13.6provide for specific performance and injunctive relief to enforce provisions relating to use
13.7of the stadium for professional football and must not include escape clauses or buyout
13.8provisions. The team must not enter into or accept any agreement or requirement with or
13.9from the NFL or any other entity that is not consistent with the team's binding commitment
13.10to the 30-year term of the lease or use agreement or that would in any manner dilute,
13.11interfere with, or negate the provisions of the lease or use agreement. The legislature
13.12conclusively determines, as a matter of public policy, that the lease or use agreement under
13.13this chapter that includes a specific performance clause:
13.14(1) explicitly authorize specific performance as a remedy for breach;
13.15(2) are made for adequate consideration and upon terms which are otherwise fair
13.16and reasonable;
13.17(3) have not been included through sharp practice, misrepresentation, or mistake;
13.18(4) if specifically enforced, do not cause unreasonable or disproportionate hardship
13.19or loss to the team or to third parties; and
13.20(5) involve performance in a manner and the rendering of services of a nature and
13.21under circumstances that the beneficiary cannot be adequately compensated in damages.
13.22 Subd. 6. Public share if team is sold. The lease or use agreement must provide that,
13.23if the team is sold or an interest in the team is sold after the effective date of this chapter,
13.24a portion of the sale price must be paid to the authority and deposited in a reserve fund
13.25for improvements to the stadium or expended as the authority may otherwise direct. The
13.26portion required to be so paid to the authority is at least 18 percent of the gross sale price,
13.27declining to zero 15 years after commencement of stadium construction in increments
13.28of 1.2 percent each year. The agreement must provide exceptions for sales to members
13.29of the owner's family and entities and trusts beneficially owned by family members,
13.30sales to employees of equity interests aggregating up to ten percent, and sales related to
13.31capital infusions not distributed to the owners.
13.32 Subd. 7. Authority's access to team financial information. The lease or use
13.33agreement or other transaction documents shall provide the authority access to annual
13.34audited financial statements of the team and other financial books and records that the
13.35authority deems necessary to determine compliance by the team with this act, and to
13.36enforce the terms of any lease, license, or other transaction documents entered into under
14.1this act. Any financial information obtained by the authority under this subdivision is
14.2nonpublic data under section 13.02, subdivision 9. This provision requires disclosure prior
14.3to initial agreement and annually thereafter.
14.4 Subd. 8. Affordable NFL game tickets. The lease, license, or other transaction
14.5documents shall provide for an agreed-upon number of affordable tickets.
14.6 Subd. 9. LEED certification. The authority shall make best efforts to ensure
14.7that the stadium receives Leadership in Energy and Environmental Design ("LEED")
14.8certification for environmental design.
14.9 Subd. 10. Cooperation with financing. The county and authority will cooperate
14.10with the team to facilitate the financing of the team's contribution. Such agreement
14.11to cooperate shall not require the county or authority to incur any additional costs or
14.12provide conduit financing. The lease, license, or other transaction documents shall include
14.13provisions customarily required by lenders in stadium financings.
14.14 Sec. 12. [473J.13] ADDITIONAL CONSIDERATIONS, CONDITIONS, AND
14.15CRITERIA.
14.16 Subdivision 1. Corporate headquarters. If the team elects to construct a new
14.17corporate headquarters or training complex, such development shall occur in the county.
14.18The team shall not make a significant investment that effectively constitutes a new
14.19corporate headquarters or training facility at the existing Winter Park facility, excluding
14.20maintenance, ordinary or necessary repairs, and substantial repair or replacement.
14.21 Subd. 2. Special taxes and fees. The county, city, or watershed will not impose any
14.22special taxes, fees, or other surcharges specific to the stadium, team, or team personnel,
14.23such as sales, admissions, parking, or other taxes. The county and state bonds will not
14.24be secured by the stadium or its revenues.
14.25 Subd. 3. Contracts. (a) A stadium design and construction group (SDCG) shall
14.26be established and shall be responsible for design and construction of the stadium. The
14.27authority, team, and county shall each appoint one member to the SDCG.
14.28(b) The SDCG shall enter into an agreement with the authority, team, county,
14.29or any other entity relating to the construction, financing, and use of the stadium and
14.30related facilities and infrastructure. The SDCG may contract for materials, supplies, and
14.31equipment in accordance with sections 473.345, 473.754, and 473J.07, except that the
14.32SDCG may employ or contract with persons, firms, or corporations to perform one or
14.33more or all of the functions of architect, engineer, or construction manager with respect
14.34to all or any part of the stadium and infrastructure. The construction manager appointed
14.35by the SDCG may enter into contracts with contractors for labor, materials, supplies,
15.1and equipment for the construction of the stadium and related infrastructure through the
15.2process of public bidding, except that the construction manager may, with the consent
15.3of the SDCG:
15.4(1) narrow the listing of eligible bidders to those which the construction manager
15.5determines to possess sufficient expertise to perform the intended functions;
15.6(2) award contracts to the contractors that the construction manager determines
15.7provide the best value, which are not required to be the lowest responsible bidder; and
15.8(3) for work the construction manager determines to be critical to the completion
15.9schedule, award contracts on the basis of competitive proposals or perform work with
15.10its own forces without soliciting competitive bids if the construction manager provides
15.11evidence of competitive pricing.
15.12 (c) The SDCG shall require that the construction manager certify, before the contract
15.13is signed, a fixed and stipulated construction price and completion date to the authority
15.14and post a performance bond in an amount at least equal to 100 percent of the certified
15.15price, to cover any costs which may be incurred in excess of the certified price, including
15.16but not limited to costs incurred by the authority or loss of revenues resulting from
15.17incomplete construction on the completion date. The SDCG may secure surety bonds as
15.18provided in section 574.26, securing payment of just claims in connection with all public
15.19work undertaken by it. Persons entitled to the protection of the bonds may enforce them as
15.20provided in sections 574.28 to 574.32, and shall not be entitled to a lien on any property of
15.21the authority under the provisions of sections 514.01 to 514.16. Contracts for construction
15.22and operation of the stadium must include programs to provide for participation by small
15.23local businesses and businesses owned by people of color, and the inclusion of women and
15.24people of color in the workforces of contractors and stadium operators. The construction
15.25of the stadium is a "project" as that term is defined in section 177.42, subdivision 2, and is
15.26subject to the prevailing wage law under sections 177.41 to 177.43.
15.27 Subd. 4. Hiring and recruitment. The SDCG shall make every effort to employ
15.28women and members of minority communities when hiring. The SDCG shall make good
15.29faith efforts to engage qualified women, minority-owned, and small business enterprise
15.30contractors.
15.31 Subd. 5. Other required agreements. The team shall give food, beverage, retail,
15.32and concession workers presently employed by the team or its vendors at the Hubert
15.33H. Humphrey Metrodome the opportunity to continue their employment in comparable
15.34positions at the new stadium. Workers who are presently represented under a collective
15.35bargaining agreement may seek to continue such representation in the facility and
15.36designate such, or another collective bargaining unit, as their representative.
16.1 Subd. 6. Team-related entities. Subject to the prior approval of the SDCG, any
16.2of the obligations set forth herein that are related to stadium design, development,
16.3construction, operation, or management by the team may be performed by the team or a
16.4related entity, and the team or any entity related to the team may receive any revenues to
16.5which the team is entitled hereunder; provided, however, the team shall remain liable if
16.6any obligations are assigned to a related entity.
16.7 Subd. 7. Changes. Except as provided for in contracts approved by the SDCG, if
16.8any party requests a change in minimum design standards, and this change is responsible
16.9for requiring the project to exceed the stated budget, the requesting party is liable for
16.10any cost overruns or associated liabilities.
16.11 Sec. 13. [473J.15] CRITERIA AND CONDITIONS.
16.12 Subdivision 1. Binding and enforceable. In developing the stadium and entering
16.13into related contracts, the authority, and all bids submitted, must follow and enforce the
16.14criteria and conditions in this section, provided that a determination by the authority that
16.15those criteria or conditions have been met under any county agreement or otherwise
16.16shall be conclusive.
16.17 Subd. 2. Stadium location. The stadium will be located at the development area.
16.18The stadium is expected to be open and operational no later than June 2016.
16.19 Subd. 3. Stadium owner. The stadium will be owned by the stadium authority and
16.20the team will enter into a long-term lease or license agreement with the authority. The
16.21terms of the lease, license, or other transaction documents are discussed in this chapter.
16.22 Subd. 4. Stadium design. The roofed stadium shall be designed and constructed
16.23incorporating the following general program and design elements:
16.24(a) The stadium shall comprise approximately 1,600,000 square feet with
16.25approximately 65,000 seats, expandable to 72,000. The stadium shall meet or exceed NFL
16.26program requirements, and include approximately 150 suites and approximately 7,500
16.27club seats.
16.28(b) Space for team-related exhibitions and sales, which shall include the following:
16.29team museum and Hall of Fame, retail merchandise and gift shop retail venue, and themed
16.30concessions and restaurants.
16.31(c) Space for administrative offices of the authority.
16.32(d) Parking for approximately 21,000 cars and trucks including tailgate parking and
16.33premium parking area with a separate entrance/exit.
16.34(e) Elements sufficient to provide community and civic uses as determined by the
16.35authority.
17.1 Subd. 5. Stadium development. The design, development, and construction of the
17.2stadium shall be a collaborative process between the authority, county, and team. The
17.3authority, county, and team shall establish a process to reach consensus on key elements of
17.4the stadium program and design, development, and construction.
17.5 Subd. 6. Necessary approvals. The authority and the team must jointly seek
17.6and shall secure any necessary approvals to the terms of the lease and the design and
17.7construction plans for the stadium, including prior approval of the NFL.
17.8 Sec. 14. [473J.17] SITE ACQUISITION AND REMEDIATION.
17.9 Subdivision 1. Site acquisition. The county will acquire the development area from
17.10the United States Army by the county on terms acceptable to the county, authority, and
17.11team. The county shall transfer to the authority the land necessary for the stadium project
17.12for no consideration. The team, or a related entity, will immediately thereafter acquire
17.13from the county the portion of land not required for the footprint of the stadium and
17.14stadium-related access, open green space, and parking spaces, such portion, "private
17.15land," and shall become the owner of the private land. The county is authorized to buy
17.16property from the Army and sell a portion directly to the team at the county's acquisition
17.17price per acre, notwithstanding any law, ordinance, or charter provision to the contrary.
17.18The team shall retain development rights for at least eight years following the opening of
17.19the stadium. If the team has not commenced development of the private land or provided
17.20the county with a reasonably acceptable plan to develop the private land within eight years
17.21after the opening of the stadium, the county shall have the option, but shall not be required,
17.22to purchase the private land from the team at the original price plus one dollar.
17.23 Subd. 2. Site remediation. As a condition of the purchase agreement for the
17.24development area, the United States Army must remediate the environmental conditions
17.25of the entire development area to a commercial industrial standard to the satisfaction of
17.26the county, the authority, and the state of Minnesota. If the proposed development of
17.27the private land requires a higher standard of remediation, the team shall pay the costs
17.28associated with such remediation. The purchase and other agreements regarding the
17.29development shall provide for the indemnification, protection, defense, and an undertaking
17.30to hold harmless the county, the authority, and the state and their officers, employees, and
17.31agents from liabilities, damages, losses, settlements, arbitration awards, expenses, costs,
17.32penalties, remediation or cleanup obligations, and reasonable attorney fees and costs at
17.33both the trial and appellate levels, that arise from or relate to the environmental condition
17.34or remediation of the development area, including but not limited to any remediation
18.1obligations or environmental conditions not disclosed or known at the time the site was
18.2purchased by the county.
18.3 Subd. 3. Cost allocation. The costs to acquire the development area and costs of
18.4the environmental remediation will be allocated between the county and the team based
18.5on the number of acres owned by each after the private land is sold to the team or its
18.6affiliates. The county shall acquire from the United States Army approximately 430
18.7acres for the overall project. The team shall acquire approximately 170 acres from the
18.8county immediately after the county has closed on its purchase transaction with the United
18.9States Army. A mechanism will be provided in the county agreement that will allow
18.10for public access between the stadium site and private land. A mechanism will also be
18.11included in the county agreement to provide the team with flexibility in determining
18.12the final composition of the private land for purposes of locating the stadium land and
18.13development in the future, to be mutually agreed upon by the county and team and other
18.14key stakeholders, as appropriate. The authority shall determine the site of the stadium
18.15after consultation with the team and the county.
18.16 Sec. 15. [473J.19] COUNTY ACTIVITIES.
18.17 Subdivision 1. Stadium grants and payments. The county may authorize, by
18.18resolution, and make one or more grants or payments to the authority for stadium
18.19development and construction, infrastructure, reserves for capital improvements, operating
18.20cost payments, and other purposes related to the stadium on the terms and conditions
18.21agreed to by the county and the authority.
18.22 Subd. 2. Property acquisition and disposition. The county may acquire land, air
18.23rights, and other property interests within the development area for the stadium site and
18.24infrastructure by purchase or gift and convey it to the authority without consideration,
18.25prepare a site for development as a stadium, and acquire and construct any related
18.26infrastructure. To the extent property parcels or interests acquired are more extensive than
18.27the infrastructure requirements, the county may sell or otherwise dispose of the excess.
18.28The proceeds from sales of excess property must be used to reduce county and state
18.29contributions as specified in this act, on a pro rata basis.
18.30 Subd. 3. Grant agreement. The governing body of the county may delegate
18.31responsibility for implementing the terms of an approved grant agreement to a designated
18.32officer. The county may enforce the provisions of any grant agreement by specific
18.33performance. Except to require compliance with the conditions of the grant or as may be
18.34mutually agreed to by the county and the authority, the county and state have no interest in
18.35or claim to any assets or revenues of the authority.
19.1 Subd. 4. Environmental review; planning and zoning. (a) The county is the
19.2responsible governmental unit for an environmental impact statement for the stadium
19.3and accompanying infrastructure prepared under section 116D.04, if an environmental
19.4impact statement is necessary. Notwithstanding section 116D.04, subdivision 2b, and
19.5implementing rules: (1) the environmental impact statement shall not be required to
19.6consider alternative stadium sites; and (2) the environmental impact statement must be
19.7determined to be adequate before commencing work on the foundation of the stadium,
19.8but the stadium and infrastructure may otherwise be started and all preliminary and final
19.9government decisions and actions may be made and taken, including but not limited to
19.10acquiring land; obtaining financing; granting permits or other land use approvals; entering
19.11into grant, lease, or use agreements; and preparing the site, including environmental
19.12remediation, and related infrastructure prior to a determination of the adequacy of the
19.13environmental impact statement.
19.14(b) In order to accomplish the objectives of this chapter within the required time
19.15frame, it is necessary to establish an alternative process for municipal land use and
19.16development review. It is hereby found and declared that the construction of a stadium
19.17within the development area is (1) consistent with the city's adopted comprehensive plan
19.18and the watershed district's water management plan, (2) is the preferred stadium location,
19.19and (3) is a permitted land use. This paragraph establishes a procedure for all land and
19.20water use and development reviews and approvals by the city and watershed district for
19.21the stadium and related infrastructure and supersedes all land use and development rules
19.22and restrictions and procedures imposed by other law, charter, or ordinance, including,
19.23without limitation, section 15.99 and chapters 103A to 103G. No later than 90 days after
19.24enactment, the city and county shall establish a stadium implementation committee with
19.25representation from the county, city, and watershed district to make recommendations on
19.26the design plans submitted for the stadium, infrastructure, and related improvements,
19.27including but not limited to street vacation, parking, roadways, walkways, skyways,
19.28pedestrian bridges, bicycle paths, transit improvements to facilitate public street access
19.29to the stadium and integration into the transportation plan for the municipality and the
19.30region, lighting, landscaping, utilities, streets, water management, drainage, environmental
19.31remediation, and land acquired and prepared for private redevelopment in a manner
19.32related to the use of the stadium. The implementation committee must take action to issue
19.33its recommendations within the time frames established in the planning and construction
19.34timetable issued by the city and watershed district which shall provide for no less than 60
19.35days for the committee's review. The recommendations of the implementation committee
19.36shall be forwarded to the city's planning commission for an advisory recommendation
20.1and then to the city council for final action in a single resolution, which final action must
20.2be taken within 45 days of the submission after the recommendations to the planning
20.3commission. The watershed district must act within 60 days of the implementation
20.4committee's recommendation. The city council and watershed district shall not impose any
20.5unnecessary or unreasonable conditions on the recommendations of the implementation
20.6committee, nor take any action or impose any conditions that will result in delay from the
20.7time frames established in the planning and construction timetable or in additional overall
20.8costs. Failure of the city council and watershed district to act within the 60-day period is
20.9deemed to be approval by that entity of the implementation committee's recommendations.
20.10The district court or any appellate court shall expedite review of any case brought relating
20.11to the stadium to the maximum extent possible and timely issue relief, orders, or opinions
20.12as necessary to give effect to the provisions and objectives in this chapter.
20.13 Subd. 5. County expenditure. The county may make expenditures or grants for
20.14other costs incidental and necessary to further the purposes of this chapter and may, by
20.15agreement, reimburse in whole or in part any entity that has granted, loaned, or advanced
20.16funds to the county to further the purposes of this chapter. Notwithstanding any law,
20.17ordinance, or charter provision to the contrary, exercise by the county of its powers under
20.18this section does not affect the amounts that the county may otherwise spend, borrow,
20.19tax, or receive.
20.20 Subd. 6. County authority. The legislature intends that, except as expressly limited
20.21herein, the county may acquire and develop a site for the stadium and infrastructure,
20.22to enter into contracts with the authority and other governmental or nongovernmental
20.23entities, to appropriate funds, and to make employees, consultants, and other revenues
20.24available for those purposes.
20.25 Sec. 16. [473J.21] SOURCES AND USES OF FUNDS.
20.26 Subdivision 1. Funding sources. This subdivision summarizes the key components
20.27of the funding sources for the project. The parties shall work together and cooperate in
20.28good faith to identify additional funding sources.
20.29(a) The team contribution shall be at least $425,000,000, net of financing costs. This
20.30amount shall be paid within one year of the effective date of this act and held in escrow.
20.31The team shall provide a plan to finance its share of the cost allocations set out in the
20.32county/team agreement to the authority on a timely basis. The team shall provide a written,
20.33binding, bona fide commitment or commitments for the financing to the authority prior to
20.34the county issuing any bonds for the project. The team shall be permitted to assign any of
20.35its rights and obligations hereunder to its affiliates and as collateral to lenders for purposes
21.1of obtaining financing, subject to the approval of the authority; provided, however, that the
21.2team shall remain liable for its obligations hereunder. The team contribution will consist
21.3of amounts contributed by the team, the NFL, personal seat license proceeds, and other
21.4private revenues generated by the project.
21.5(b) The county will contribute $10,000,000 annually, as funds are available, to
21.6the stadium project.
21.7(c) The state shall contribute $549,000,000, net of financing costs, to stadium
21.8construction. The state shall contribute $101,000,000, net of financing costs, for
21.9public infrastructure necessary for stadium development. In no event shall the state's
21.10contribution, net of financing costs, exceed these amounts.
21.11 Subd. 2. Cost overruns and project savings. Except as provided in the county
21.12agreement, the team shall be responsible for cost overruns, if any, associated with the
21.13development of the stadium, and with off-site transportation, excluding parking. The
21.14county shall be responsible for cost overruns, if any, associated with certain infrastructure
21.15improvements, including surface parking and related interior circulation, as delineated
21.16and described in the county agreement. The infrastructure improvements shall be
21.17further delineated in the county agreement but shall not include off-site transportation
21.18infrastructure improvements. Notwithstanding any other cost-allocation provisions in this
21.19chapter, the team shall be responsible for 39.5 percent and the county shall be responsible
21.20for 60.5 percent of any cost overruns associated with site acquisition, remediation, and
21.21infrastructure costs. Project savings, if any, shall be allocated between the state, county,
21.22and team on a pro rata basis.
21.23 Sec. 17. [473J.23] PROPERTY TAX EXEMPTION; SPECIAL ASSESSMENTS.
21.24Any real or personal property acquired, owned, leased, controlled, used, or occupied
21.25by the authority for any of the purposes of this chapter is acquired, owned, leased,
21.26controlled, used, and occupied for public, governmental, and municipal purposes, and is
21.27exempt from ad valorem taxation by the state or any political subdivision of the state;
21.28provided that the properties are subject to special assessments levied by a political
21.29subdivision for a local improvement in amounts proportionate to and not exceeding the
21.30special benefit received by the properties from the improvement. No possible use of
21.31any of the properties in any manner different from their use under this chapter may be
21.32considered in determining the special benefit received by the properties. Notwithstanding
21.33section 272.01, subdivision 2, or 273.19, real or personal property subject to a lease or use
21.34agreement between the authority and another person for uses related to the purposes of this
21.35chapter, including the operation of the stadium and related parking facilities, is exempt
22.1from taxation regardless of the length of the lease or use agreement or the characteristics
22.2of the entity leasing or using the property. This section, insofar as it provides an exemption
22.3or special treatment, does not apply to any real property other than the stadium.
22.4 Sec. 18. [473J.25] CITY REQUIREMENTS.
22.5At the request of the authority, the city shall issue intoxicating liquor licenses that
22.6are reasonably requested for the premises of the stadium. These licenses are in addition to
22.7the number authorized by law. All provisions of chapter 340A not inconsistent with this
22.8section apply to the licenses authorized under this subdivision.
22.9 Sec. 19. [473J.27] LOCAL SALES TAXES.
22.10No local sales or use tax may be imposed on sales at the stadium, except a general
22.11sales tax permitted under section 297A.99.
22.12 Sec. 20. [473J.29] METROPOLITAN SPORTS FACILITIES COMMISSION
22.13ASSETS.
22.14 Subdivision 1. Sale. Once the team stops playing home games at the Metrodome,
22.15the Metropolitan Sports Facilities Commission shall sell the Metrodome property at public
22.16sale for fair market value. Upon sale of the Metrodome property and after payment of all
22.17outstanding obligations, not to include any payment to Hennepin County or the city of
22.18Minneapolis, the Metropolitan Sports Facilities Commission shall pay the remainder of
22.19the sale proceeds and any other remaining assets to the authority for its purposes.
22.20 Subd. 2. Metropolitan Sports Facilities Commission abolished. Upon transfer to
22.21the authority of all assets of the Metropolitan Sports Facilities Commission in subdivision
22.221, the Metropolitan Sports Facilities Commission is abolished.
22.23 Sec. 21. [473J.30] STADIUM APPROPRIATION BONDS.
22.24 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
22.25section.
22.26(b) "Appropriation bond" means a bond, note, or other similar instrument of the state
22.27payable during a biennium from one or more of the following sources:
22.28(1) money appropriated by law in any biennium for debt service due with respect
22.29to obligations described in subdivision 2, paragraph (b);
22.30(2) proceeds of the sale of obligations described in subdivision 2, paragraph (b);
22.31(3) payments received for that purpose under agreements and ancillary arrangements
22.32described in subdivision 2, paragraph (d); and
23.1(4) investment earnings on amounts in clauses (1) to (3).
23.2(c) "Debt service" means the amount payable in any biennium of principal, premium,
23.3if any, and interest on appropriation bonds.
23.4 Subd. 2. Authority. (a) Subject to the limitations of this subdivision, the
23.5commissioner of management and budget may sell and issue appropriation bonds of the
23.6state under this section to acquire and better, including design, construction, furnishing,
23.7and equipping, the stadium project under this chapter. Proceeds of the bonds must be
23.8credited to a special appropriation bond proceeds account in the state treasury. Net income
23.9from investment of the proceeds, as estimated by the commissioner, must be credited to
23.10the special appropriation bond proceeds account.
23.11(b) Appropriation bonds may be sold and issued in amounts that, in the opinion of
23.12the commissioner, are necessary to provide sufficient funds for achieving the purposes
23.13authorized as provided under paragraph (a), and pay debt service, pay costs of issuance,
23.14make deposits to reserve funds, pay the costs of credit enhancement, or make payments
23.15under other agreements entered into under paragraph (d); provided, however, that bonds
23.16issued under this section shall not exceed $650,000,000 in principal amount, excluding
23.17refunding bonds sold and issued under subdivision 4.
23.18(c) Appropriation bonds may be issued in one or more series on the terms and
23.19conditions the commissioner determines to be in the best interests of the state, but the term
23.20on any series of bonds may not exceed 30 years.
23.21(d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any
23.22time thereafter, so long as the appropriation bonds are outstanding, the commissioner
23.23may enter into agreements and ancillary arrangements relating to the appropriation
23.24bonds, including but not limited to trust indentures, liquidity facilities, remarketing or
23.25dealer agreements, letter of credit agreements, insurance policies, guaranty agreements,
23.26reimbursement agreements, indexing agreements, or interest exchange agreements. Any
23.27payments made or received according to the agreement or ancillary arrangement shall be
23.28made from or deposited as provided in the agreement or ancillary arrangement. The
23.29determination of the commissioner included in an interest exchange agreement that the
23.30agreement relates to an appropriation bond shall be conclusive.
23.31 Subd. 3. Form; procedure. (a) Appropriation bonds may be issued in the form
23.32of bonds, notes, or other similar instruments, and in the manner provided in section
23.3316A.672. In the event that any provision of section 16A.672 conflicts with this section,
23.34this section shall control.
23.35(b) Every appropriation bond shall include a conspicuous statement of the limitation
23.36established in subdivision 6.
24.1(c) Appropriation bonds may be sold at either public or private sale upon such terms
24.2as the commissioner shall determine are not inconsistent with this section and may be sold
24.3at any price or percentage of par value. Any bid received may be rejected.
24.4(d) Appropriation bonds may bear interest at a fixed or variable rate.
24.5 Subd. 4. Refunding bonds. The commissioner from time to time may issue
24.6appropriation bonds for the purpose of refunding any appropriation bonds then
24.7outstanding, including the payment of any redemption premiums on the bonds, any
24.8interest accrued or to accrue to the redemption date, and costs related to the issuance
24.9and sale of the refunding bonds. The proceeds of any refunding bonds may, in the
24.10discretion of the commissioner, be applied to the purchase or payment at maturity of the
24.11appropriation bonds to be refunded, to the redemption of the outstanding bonds on any
24.12redemption date, or to pay interest on the refunding bonds and may, pending application,
24.13be placed in escrow to be applied to the purchase, payment, retirement, or redemption.
24.14Any escrowed proceeds, pending such use, may be invested and reinvested in obligations
24.15that are authorized investments under section 11A.24. The income earned or realized on
24.16the investment may also be applied to the payment of the bonds to be refunded or interest
24.17or premiums on the refunded bonds, or to pay interest on the refunding bonds. After
24.18the terms of the escrow have been fully satisfied, any balance of the proceeds and any
24.19investment income may be returned to the general fund or, if applicable, the appropriation
24.20bond proceeds account for use in any lawful manner. All refunding bonds issued under
24.21this subdivision must be prepared, executed, delivered, and secured by appropriations in
24.22the same manner as the bonds to be refunded.
24.23 Subd. 5. Appropriation bonds as legal investments. Any of the following entities
24.24may legally invest any sinking funds, money, or other funds belonging to them or under
24.25their control in any appropriation bonds issued under this section:
24.26(1) the state, the investment board, public officers, municipal corporations, political
24.27subdivisions, and public bodies;
24.28(2) banks and bankers, savings and loan associations, credit unions, trust companies,
24.29savings banks and institutions, investment companies, insurance companies, insurance
24.30associations, and other persons carrying on a banking or insurance business; and
24.31(3) personal representatives, guardians, trustees, and other fiduciaries.
24.32 Subd. 6. No full faith and credit; state not required to make appropriations.
24.33The appropriation bonds are not public debt of the state, and the full faith, credit, and
24.34taxing powers of the state are not pledged to the payment of the appropriation bonds or to
24.35any payment that the state agrees to make under this section. Appropriation bonds shall
24.36not be obligations paid directly, in whole or in part, from a tax of statewide application
25.1on any class of property, income, transaction, or privilege. Appropriation bonds shall be
25.2payable in each fiscal year only from amounts that the legislature may appropriate for debt
25.3service for any fiscal year, provided that nothing in this section shall be construed to
25.4require the state to appropriate funds sufficient to make debt service payments with respect
25.5to the bonds in any fiscal year.
25.6 Subd. 7. Appropriation of proceeds. The proceeds of appropriation bonds and
25.7interest credited to the special appropriation bond proceeds account are appropriated to
25.8the commissioner for payment of contract obligations under this chapter, as permitted by
25.9state and federal law, and nonsalary expenses incurred in conjunction with the sale of
25.10the appropriation bonds.
25.11 Subd. 8. Appropriation for debt service. The amount needed to pay principal and
25.12interest on appropriation bonds issued under this section is appropriated each year to the
25.13commissioner from the general fund subject to the repeal, unallotment under section
25.1416A.152, or cancellation otherwise pursuant to subdivision 6.
25.15EFFECTIVE DATE.This section is effective the day following final enactment.
25.16 Sec. 22. APPROPRIATION.
25.17The Minnesota Stadium Authority shall be the recipient of all funds deposited in the
25.18stadium account created under Minnesota Statutes 2010, section 473.5995, and shall use
25.19those funds for the purposes of this act, including:
25.20(1) debt service for appropriations bonds to be sold in an amount not to exceed
25.21$650,000,000, of which not more than $549,000,000 may be used for stadium
25.22development, and not more than $101,000,000 may be used for public infrastructure
25.23improvements; and
25.24(2) The commissioner of management and budget may, in consultation with the
25.25authority, reduce the amount of appropriation bonds sold, and substitute direct payment
25.26of public infrastructure costs as allowed under article 5.
25.27EFFECTIVE DATE.This section is effective the day following final enactment.
25.28 Sec. 23. REPEALER.
25.29Minnesota Statutes 2010, sections 137.50, subdivision 5; 473.551; 473.552;
25.30473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 473.556, subdivisions
25.311, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, and 17; 473.561; 473.564, subdivisions 2
25.32and 3; 473.572; 473.581; 473.592, subdivision 1; 473.595; 473.5955; 473.596; 473.598;
25.33473.599; 473.5995; and 473.76, are repealed.
26.1EFFECTIVE DATE.This section is effective upon the completion of the transfer
26.2of the assets of the Metropolitan Sports Facilities Commission to the Minnesota Stadium
26.3Authority under section 20.
26.4 Sec. 24. EFFECTIVE DATE.
26.5Except as otherwise provided, this article is effective the day following final
26.6enactment.
26.9 Section 1. Minnesota Statutes 2010, section 3.971, subdivision 6, is amended to read:
26.10 Subd. 6. Financial audits. The legislative auditor shall audit the financial
26.11statements of the state of Minnesota required by section16A.50 and, as resources permit,
26.12shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
26.13agencies, departments, boards, commissions, courts, and other state organizations subject
26.14to audit by the legislative auditor, including the State Agricultural Society, Agricultural
26.15Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
26.16Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
26.17Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
26.18Metropolitan Mosquito Control District. Financial audits must be conducted according to
26.19generally accepted government auditing standards. The legislative auditor shall see that
26.20all provisions of law respecting the appropriate and economic use of public funds are
26.21complied with and may, as part of a financial audit or separately, investigate allegations
26.22of noncompliance.
26.23EFFECTIVE DATE.This section is effective January 1, 2015.
26.24 Sec. 2. Minnesota Statutes 2010, section 13.55, subdivision 1, is amended to read:
26.25 Subdivision 1. Not public classification. The following data received, created, or
26.26maintained by or for publicly owned and operated convention facilities, civic center
26.27authorities, or the Metropolitan Sports Facilities Commission are classified as nonpublic
26.28data pursuant to section13.02, subdivision 9 ; or private data on individuals pursuant
26.29to section13.02, subdivision 12 :
26.30(a) a letter or other documentation from any person who makes inquiry to or who is
26.31contacted by the facility regarding the availability of the facility for staging events;
26.32(b) identity of firms and corporations which contact the facility;
27.1(c) type of event which they wish to stage in the facility;
27.2(d) suggested terms of rentals; and
27.3(e) responses of authority staff to these inquiries.
27.4EFFECTIVE DATE.This section is effective January 1, 2015.
27.5 Sec. 3. Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 1, is
27.6amended to read:
27.7 Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to
27.8the following establishments located within its jurisdiction:
27.9(1) hotels;
27.10(2) restaurants;
27.11(3) bowling centers;
27.12(4) clubs or congressionally chartered veterans organizations with the approval of
27.13the commissioner, provided that the organization has been in existence for at least three
27.14years and liquor sales will only be to members and bona fide guests, except that a club
27.15may permit the general public to participate in a wine tasting conducted at the club under
27.16section340A.419 ; and
27.17(5)sports facilities located on land owned by the Metropolitan Sports Commission;
27.18and
27.19(6) exclusive liquor stores.
27.20(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
27.21or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
27.22ordinance, or charter provision. A license issued under this paragraph authorizes sales on
27.23all days of the week to persons attending events at the theater.
27.24(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
27.25or an on-sale malt liquor license to a convention center within the city, notwithstanding
27.26any law, local ordinance, or charter provision. A license issued under this paragraph
27.27authorizes sales on all days of the week to persons attending events at the convention
27.28center. This paragraph does not apply to convention centers located in the seven-county
27.29metropolitan area.
27.30(d) A city may issue an on-sale wine license and an on-sale malt liquor license to
27.31a person who is the owner of a summer collegiate league baseball team, or to a person
27.32holding a concessions or management contract with the owner, for beverage sales at a
27.33ballpark or stadium located within the city for the purposes of summer collegiate league
27.34baseball games at the ballpark or stadium, notwithstanding any law, local ordinance, or
28.1charter provision. A license issued under this paragraph authorizes sales on all days of the
28.2week to persons attending baseball games at the ballpark or stadium.
28.3EFFECTIVE DATE.This section is effective January 1, 2015.
28.4 Sec. 4. Minnesota Statutes 2010, section 352.01, subdivision 2a, is amended to read:
28.5 Subd. 2a. Included employees. (a) "State employee" includes:
28.6 (1) employees of the Minnesota Historical Society;
28.7 (2) employees of the State Horticultural Society;
28.8 (3) employees of the Minnesota Crop Improvement Association;
28.9 (4) employees of the adjutant general whose salaries are paid from federal funds and
28.10who are not covered by any federal civilian employees retirement system;
28.11 (5) employees of the Minnesota State Colleges and Universities who are employed
28.12under the university or college activities program;
28.13 (6) currently contributing employees covered by the system who are temporarily
28.14employed by the legislature during a legislative session or any currently contributing
28.15employee employed for any special service as defined in subdivision 2b, clause (8);
28.16 (7) employees of the legislature who are appointed without a limit on the duration
28.17of their employment and persons employed or designated by the legislature or by a
28.18legislative committee or commission or other competent authority to conduct a special
28.19inquiry, investigation, examination, or installation;
28.20 (8) trainees who are employed on a full-time established training program
28.21performing the duties of the classified position for which they will be eligible to receive
28.22immediate appointment at the completion of the training period;
28.23 (9) employees of the Minnesota Safety Council;
28.24 (10) any employees who are on authorized leave of absence from the Transit
28.25Operating Division of the former Metropolitan Transit Commission and who are employed
28.26by the labor organization which is the exclusive bargaining agent representing employees
28.27of the Transit Operating Division;
28.28 (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
28.29Commission,Metropolitan Sports Facilities Commission, or Metropolitan Mosquito
28.30Control Commission unless excluded under subdivision 2b or are covered by another
28.31public pension fund or plan under section473.415, subdivision 3 ;
28.32 (12) judges of the Tax Court;
28.33 (13) personnel who were employed on June 30, 1992, by the University of
28.34Minnesota in the management, operation, or maintenance of its heating plant facilities,
28.35whose employment transfers to an employer assuming operation of the heating plant
29.1facilities, so long as the person is employed at the University of Minnesota heating plant
29.2by that employer or by its successor organization;
29.3 (14) personnel who are employed as seasonal employees in the classified or
29.4unclassified service;
29.5 (15) persons who are employed by the Department of Commerce as a peace officer
29.6in the Insurance Fraud Prevention Division under section45.0135 who have attained the
29.7mandatory retirement age specified in section43A.34, subdivision 4 ;
29.8 (16) employees of the University of Minnesota unless excluded under subdivision
29.92b, clause (3);
29.10 (17) employees of the Middle Management Association whose employment began
29.11after July 1, 2007, and to whom section352.029 does not apply; and
29.12 (18) employees of the Minnesota Government Engineers Council to whom section
29.13352.029
does not apply.
29.14 (b) Employees specified in paragraph (a), clause (13), are included employees under
29.15paragraph (a) if employer and employee contributions are made in a timely manner in the
29.16amounts required by section352.04 . Employee contributions must be deducted from
29.17salary. Employer contributions are the sole obligation of the employer assuming operation
29.18of the University of Minnesota heating plant facilities or any successor organizations to
29.19that employer.
29.20EFFECTIVE DATE.This section is effective January 1, 2015.
29.21 Sec. 5. Minnesota Statutes 2010, section 473.121, subdivision 5a, is amended to read:
29.22 Subd. 5a. Metropolitan agency. "Metropolitan agency" means the Metropolitan
29.23Parks and Open Space Commission, and the Metropolitan Airports Commission, and
29.24Metropolitan Sports Facilities Commission.
29.25EFFECTIVE DATE.This section is effective upon completion of the transfer.
29.26 Sec. 6. Minnesota Statutes 2010, section 473.164, is amended to read:
29.27473.164 SPORTS, AIRPORT COMMISSIONS TO PAY COUNCIL COSTS.
29.28 Subdivision 1. Annually reimburse. TheMetropolitan Sports Facilities
29.29Commission and the Metropolitan Airports Commission shall annually reimburse the
29.30council for costs incurred by the council in the discharge of its responsibilities relating to
29.31the commission. The costs may be charged against any revenue sources of the commission
29.32as determined by the commission.
30.1 Subd. 2. Estimates, budget, transfer. On or before May 1 of each year, the council
30.2shall transmit toeach the commission an estimate of the costs which the council will
30.3incur in the discharge of its responsibilities related to the commission in the next budget
30.4year including, without limitation, costs in connection with the preparation, review,
30.5implementation and defense of plans, programs and budgets of the commission.Each The
30.6commission shall include the estimates in its budget for the next budget year and may
30.7transmit its comments concerning the estimated amount to the council during the budget
30.8review process. Prior to December 15 of each year, the amount budgeted byeach the
30.9commission for the next budget year may be changed following approval by the council.
30.10During each budget year, the commission shall transfer budgeted funds to the council in
30.11advance when requested by the council.
30.12 Subd. 3. Final statement. At the conclusion of each budget year, the council, in
30.13cooperation witheach the commission, shall adopt a final statement of costs incurred by the
30.14council foreach the commission. Where costs incurred in the budget year have exceeded
30.15the amount budgeted,each the commission shall transfer to the council the additional
30.16moneys needed to pay the amount of the costs in excess of the amount budgeted, and shall
30.17include a sum in its next budget. Any excess of budgeted costs over actual costs may be
30.18retained by the council and applied to the payment of budgeted costs in the next year.
30.19EFFECTIVE DATE.This section is effective upon completion of the transfer.
30.20 Sec. 7. Minnesota Statutes 2010, section 473.565, subdivision 1, is amended to read:
30.21 Subdivision 1. In MSRS; exceptions. All employees of the former commission
30.22shall be members of the Minnesota State Retirement System with respect to service
30.23rendered on or after May 17, 1977, except as provided in this section.
30.26 Section 1. [383A.94] TWIN CITIES ARMY AMMUNITIONS PLANT (TCAAP)
30.27DEVELOPMENT CORPORATION TAX INCREMENT FINANCING POWERS.
30.28 Subdivision 1. Exclusive authority. This section provides the exclusive authority
30.29to establish and use tax increment financing within the area of the development site and
30.30except as authorized in this section, no authority or city may establish a tax increment
30.31financing district within the area of the development site.
30.32 Subd. 2. Definitions. (a) For purposes of this section, the following terms have the
30.33meanings given them, unless the context clearly indicates otherwise.
31.1(b) "Act" or "tax increment act" means the tax increment financing statute, sections
31.2469.174 to 469.178.
31.3(c) "Development site" means the area located in the city of Arden Hills, described
31.4in the TCAAP Boundary Survey dated December 12, 2007, by W. Brown Land Surveying,
31.5Inc.
31.6(d) The terms defined in section 469.174 have the meanings given in that section.
31.7 Subd. 3. Authority to use TIF powers. (a) The corporation established in section
31.8383A.93 may establish one or more tax increment financing districts within the area of the
31.9development site to assist in: (1) financing the professional football stadium and related
31.10public infrastructure, (2) remediation of hazardous substances, and (3) development and
31.11financing of commercial, industrial, or housing improvements, or any combination of the
31.12improvements on the development site to allow its appropriate use and to aid in carrying
31.13out the purposes under clauses (1) and (2). Except as otherwise provided in subdivision
31.144, the provisions of the tax increment act apply and the corporation is deemed to be the
31.15authority and the county is the municipality for purposes of any tax increment financing
31.16districts established and exercising powers and carrying out duties under this act.
31.17(b) For purposes of this section, the corporation may exercise any of the powers of a
31.18housing and redevelopment authority under sections 469.001 to 469.047, an economic
31.19development authority under sections 469.090 to 469.1082, a city under sections 469.124
31.20to 469.134, and a municipality under sections 469.152 to 469.1655. This grant of authority
31.21does not include the power to levy or to request the levy of property taxes under section
31.22469.033 or 469.107 or to issue general obligation bonds under section 469.034 or 469.102.
31.23 Subd. 4. Special rules. The following special rules apply to any tax increment
31.24financing district established under this section, notwithstanding the requirements of
31.25this act:
31.26(1) each district, unless designated as a housing district, is deemed to be a
31.27redevelopment district without regard to the definition under section 469.174, subdivision
31.2810;
31.29(2) the restrictions under section 469.1763 do not apply; and
31.30(3) increments may only be spent for improvements within, remediation of
31.31hazardous substance on or in, or to provide access to, the development site for the purpose
31.32of assisting in financing and construction of the professional football stadium and related
31.33public infrastructure and for administrative expenses as permitted by the tax increment act.
31.34This includes authority to spend increments for the purposes of facilitating or encouraging
31.35development, if the corporation finds that will assist in providing financing for or other aid
31.36for the professional football stadium and related infrastructure.
32.1 Subd. 5. Expiration. The authority to form a tax increment financing district under
32.2this section expires on December 31, .......
32.3 Subd. 6. Transfer. An amount not to exceed $10,000,000 in any given year shall
32.4be annually transferred from Ramsey County, if available from the tax increment district
32.5created under this act, to the stadium fund created under section 473.5995.
32.6EFFECTIVE DATE.This section is effective the day following final enactment.
32.9 Section 1. Minnesota Statutes 2010, section 349.12, subdivision 3b, is amended to read:
32.10 Subd. 3b. Bar operation. "Bar operation" means a method of selling and redeeming
32.11disposable gambling equipment by an employee of the lessor within a leased premises
32.12which is licensed for the on-sale of alcoholic beverageswhere such sales and redemptions
32.13are made by an employee of the lessor from a common area where food and beverages
32.14are also sold.
32.15 Sec. 2. Minnesota Statutes 2010, section 349.12, subdivision 3c, is amended to read:
32.16 Subd. 3c. Bar bingo. "Bar bingo" is a bingo occasion conducted at a permitted
32.17premises in an area where intoxicating liquor or 3.2 percent malt beverages are sold and
32.18where the licensed organization conducts another form of lawful gambling. Bar bingo
32.19does not include bingo games linked to other permitted premises.
32.20 Sec. 3. Minnesota Statutes 2010, section 349.12, subdivision 5, is amended to read:
32.21 Subd. 5. Bingo occasion. "Bingo occasion" means a single gathering or session at
32.22which a series of one or more successive bingo games is played. There is no limit on the
32.23number of games conducted during a bingo occasionbut. A bingo occasion must not last
32.24longer than eight consecutive hours., except that linked bingo games played on electronic
32.25bingo devices may be played during regular business hours of the permitted premises and
32.26all play during this period is considered a bingo occasion for reporting purposes. For
32.27permitted premises where the primary business is bingo, regular business hours shall be
32.28defined as the hours between 8:00 a.m. and 2:00 a.m.
32.29 Sec. 4. Minnesota Statutes 2010, section 349.12, subdivision 6a, is amended to read:
32.30 Subd. 6a. Booth operation. "Booth operation" means a method of selling and
32.31redeeming disposable gambling equipment by an employee of a licensed organization in
33.1a premises the organization leases or ownswhere such sales and redemptions are made
33.2within a separate enclosure that is distinct from areas where food and beverages are sold.
33.3 Sec. 5. Minnesota Statutes 2010, section 349.12, subdivision 12a, is amended to read:
33.4 Subd. 12a. Electronic bingo device. "Electronic bingo device" meansan a
33.5handheld and portable electronic device that:
33.6(a) is used by a bingo player to:
33.7(1) monitor bingo paper sheets or a facsimile of a bingo paper sheetwhen purchased
33.8and played at the time and place of an organization's bingo occasionand which (1)
33.9provides a means for bingo players to, or to play an electronic bingo game that is linked
33.10with other permitted premises;
33.11(2) activate numbers announcedby a bingo caller; (2) compares or displayed, and
33.12to compare the numbersentered by the player to the bingo faces previously stored in
33.13the memory of the device;and
33.14(3)identifies identify a winning bingo pattern. or game requirement; and
33.15(4) play against other bingo players;
33.16(b) limits the play of bingo faces to 36 faces per game;
33.17(c) requires coded entry to activate play but does not allow the use of a coin,
33.18currency, or tokens to be inserted to activate play;
33.19(d) may only be used for play against other bingo players in a bingo game;
33.20(e) has no additional function as an amusement or gambling device;
33.21(f) has the capability to ensure adequate levels of security and internal controls; and
33.22(g) has the capability to permit the board to electronically monitor the operation of
33.23the device and the internal accounting systems.
33.24Electronic bingo device does not mean any device into which coin, currency, or tokens are
33.25inserted to activate play.
33.26 Sec. 6. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
33.27to read:
33.28 Subd. 12b. Electronic pull-tab device. "Electronic pull-tab device" means a
33.29handheld and portable electronic device that:
33.30(a) is used to play one or more electronic pull-tab games;
33.31(b) requires coded entry to activate play but does not allow the use of coin, currency,
33.32or tokens to be inserted to activate play;
33.33(c) allows a player the option to activate the opening of:
33.34(1) all tabs of a ticket at the same time; or
34.1(2) each tab of a ticket separately;
34.2(d) records and maintains information pertaining to accumulated win credits that
34.3may be applied to games in play or redeemed upon termination of play;
34.4(e) has no spinning symbols or other representations that mimic a video slot machine;
34.5(f) has no additional function as a gambling device;
34.6(g) may incorporate an amusement game feature as part of the pull-tab game but
34.7may not require additional consideration for that feature or contain or award any points,
34.8prizes, or other benefit for that feature;
34.9(h) may have auditory or visual enhancements to promote or provide information
34.10about the game being played, provided the component does not affect the outcome of
34.11a game or display the results of a game;
34.12(i) maintains, on nonresettable meters, a printable, permanent record of all
34.13transactions involving each device and electronic pull-tab games played on the device; and
34.14(j) is not a pull-tab dispensing device as defined under subdivision 32a.
34.15 Sec. 7. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
34.16to read:
34.17 Subd. 12c. Electronic pull-tab game. "Electronic pull-tab game" means a pull-tab
34.18game containing:
34.19(a) facsimiles of pull-tab tickets that are played on an electronic pull-tab device;
34.20(b) a predetermined finite number of winning and losing tickets;
34.21(c) the same price for each ticket in the game;
34.22(d) a price paid by the player of not less than 25 cents per ticket;
34.23(e) tickets that are in conformance with applicable board rules for pull-tabs;
34.24(f) winning tickets that comply with prize limits under section 349.211;
34.25(g) a unique serial number that may not be regenerated;
34.26(h) an electronic flare that displays the game name, form number, predetermined
34.27finite number of tickets in the game, and prize tier; and
34.28(i) no spinning symbols or other representations that mimic a video slot machine.
34.29 Sec. 8. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
34.30to read:
34.31 Subd. 12d. Electronic pull-tab game system. "Electronic pull-tab game system"
34.32means the equipment leased from a licensed distributor and used by a licensed organization
34.33to conduct, manage, and record electronic pull-tab games, and to report and transmit the
34.34game results as prescribed by the board and the Department of Revenue. The system must
35.1provide security and access levels sufficient so that internal control objectives are met as
35.2prescribed by the board. The system must contain a point of sale station.
35.3 Sec. 9. Minnesota Statutes 2010, section 349.12, subdivision 18, is amended to read:
35.4 Subd. 18. Gambling equipment. "Gambling equipment" means: gambling
35.5equipment that is either disposable or permanent gambling equipment.
35.6(a) Disposable gambling equipment includes the following:
35.7(1) bingo hard cards or paper sheets, including linked bingo paper sheets, devices for
35.8selecting bingo numbers, electronic bingo devices,;
35.9(2) paper and electronic pull-tabs,;
35.10(3) jar tickets, paddle wheels, paddle wheel tables,;
35.11(4) paddle tickets, and paddle ticket cards,;
35.12(5) tipboards, and tipboard tickets,; and
35.13(6) promotional tickets that mimic a pull-tab or tipboard, pull-tab dispensing devices,
35.14and programmable electronic devices that have no effect on the outcome of a game and
35.15are used to provide a visual or auditory enhancement of a game.
35.16(b) Permanent gambling equipment includes the following:
35.17(1) devices for selecting bingo numbers;
35.18(2) electronic bingo devices;
35.19(3) electronic pull-tab devices;
35.20(4) pull-tab dispensing devices;
35.21(5) programmable electronic devices that have no effect on the outcome of a game
35.22and are used to provide a visual or auditory enhancement of a game;
35.23(6) paddle wheels; and
35.24(7) paddle wheel tables.
35.25 Sec. 10. Minnesota Statutes 2010, section 349.12, subdivision 25b, is amended to read:
35.26 Subd. 25b. Linked bingo game provider. "Linked bingo game provider" means
35.27any person who provides the means to link bingoprizes in a linked bingo game, who
35.28provides linked bingo paper sheets to the participating organizations games, who provides
35.29linked bingo prize management, and who provides the linked bingo game system.
35.30 Sec. 11. Minnesota Statutes 2010, section 349.12, subdivision 25c, is amended to read:
35.31 Subd. 25c. Linked bingo game system. "Linked bingo game system" means the
35.32equipment used by the linked bingo provider to conduct, transmit, and track a linked
35.33bingo game. The system must be approved by the board before its use in this state and
36.1it must havedial-up or other the capability to permit the board to electronically monitor
36.2its operation remotely. For linked electronic bingo games, the system includes electronic
36.3bingo devices.
36.4 Sec. 12. Minnesota Statutes 2010, section 349.12, subdivision 25d, is amended to read:
36.5 Subd. 25d. Linked bingo prize pool. "Linked bingo prize pool" means the total
36.6of all prize money that each participating organization has contributed to a linked bingo
36.7game prize and includes any portion of the prize pool that is carried over from one
36.8occasion game to another in a progressive linked bingo game.
36.9 Sec. 13. Minnesota Statutes 2010, section 349.12, subdivision 29, is amended to read:
36.10 Subd. 29. Paddle wheel. "Paddle wheel" means a vertical wheel marked off into
36.11sections containing one or more numbers, and which, after being turned or spun, uses a
36.12pointer or marker to indicate winning chances, and may only be used to determine a
36.13winning number or numbers matching a winning paddle ticket purchased by a player. A
36.14paddle wheel may be an electronic device that simulates a paddle wheel.
36.15 Sec. 14. Minnesota Statutes 2010, section 349.12, subdivision 31, is amended to read:
36.16 Subd. 31. Promotional ticket. A paper pull-tab ticket or paper tipboard ticket
36.17created and printed by a licensed manufacturer with the words "no purchase necessary" and
36.18"for promotional use only" and for which no consideration is given is a promotional ticket.
36.19 Sec. 15. Minnesota Statutes 2010, section 349.12, subdivision 32, is amended to read:
36.20 Subd. 32. Pull-tab. "Pull-tab" means a single folded or banded paper ticketor a,
36.21multi-ply card with perforated break-open tabs, or a facsimile of a paper pull-tab ticket
36.22used in conjunction with an electronic pull-tab device, the face of which is initially
36.23covered to conceal one or more numbers or symbols, and where one or more of each set of
36.24ticketsor, cards, or facsimiles has been designated in advance as a winner.
36.25 Sec. 16. Minnesota Statutes 2010, section 349.13, is amended to read:
36.26349.13 LAWFUL GAMBLING.
36.27Lawful gambling is not a lottery or gambling within the meaning of sections609.75
36.28to609.76 if it is conducted under this chapter. A pull-tab dispensing device, electronic
36.29bingo device, and electronic pull-tab device permitted under this chapter and by board
36.30rule is not a gambling device within the meaning of sections609.75 to
609.76 and chapter
36.31299L. An electronic game device allowed under this chapter may not be a slot machine.
37.1Electronic game devices, including but not limited to electronic bingo devices, electronic
37.2paddle wheels, and electronic pull-tab devices authorized under this chapter, may only
37.3be used in the conduct of lawful gambling permitted under this chapter and board rule
37.4and may not display or simulate any other form of gambling or entertainment, except
37.5as otherwise allowed under this chapter.
37.6 Sec. 17. Minnesota Statutes 2010, section 349.151, subdivision 4b, is amended to read:
37.7 Subd. 4b. Pull-tab sales from dispensing devices.(a) The board may by rule
37.8authorize but not require the use of pull-tab dispensing devices.
37.9(b) Rules adopted under paragraph (a):
37.10(1) must limit the number of pull-tab dispensing devices on any permitted premises
37.11to three; and
37.12(2) must limit the use of pull-tab dispensing devices to a permitted premises which is
37.13(i) a licensed premises for on-sales of intoxicating liquor or 3.2 percent malt beverages;
37.14or (ii) a premises where bingo is conducted and admission is restricted to persons 18
37.15years or older.
37.16(c) Notwithstanding rules adopted under paragraph (b), pull-tab dispensing devices
37.17may be used in establishments licensed for the off-sale of intoxicating liquor, other than
37.18drugstores and general food stores licensed under section
340A.405, subdivision 1.
37.19 Sec. 18. Minnesota Statutes 2010, section 349.151, subdivision 4c, is amended to read:
37.20 Subd. 4c. Electronic bingo devices. (a) The board may by rule authorize but not
37.21require the use of electronic bingo devices.
37.22(b) Rules adopted under paragraph (a):
37.23(1) must limit the number of bingo faces that can be played using an electronic
37.24bingo device to 36;
37.25(2) must require that an electronic bingo device be used with corresponding bingo
37.26paper sheets or a facsimile, printed at the point of sale, as approved by the board;
37.27(3) must require that the electronic bingo device site system have dial-up capability
37.28to permit the board to remotely monitor the operation of the device and the internal
37.29accounting systems; and
37.30(4) must prohibit the price of a face played on an electronic bingo device from being
37.31less than the price of a face on a bingo paper sheet sold at the same occasion.
37.32(b) The board, or the director if authorized by the board, may require the deactivation
37.33of an electronic bingo device for violation of a law or rule and to implement any other
38.1controls deemed necessary to ensure and maintain the integrity of electronic bingo devices
38.2and the electronic bingo games played on the devices.
38.3 Sec. 19. Minnesota Statutes 2010, section 349.151, is amended by adding a subdivision
38.4to read:
38.5 Subd. 4d. Electronic pull-tab devices and electronic pull-tab game system. (a)
38.6The board may adopt rules it deems necessary to ensure the integrity of electronic pull-tab
38.7devices, the electronic pull-tab games played on the devices, and the electronic pull-tab
38.8game system necessary to operate them.
38.9(b) The board may not require an organization to use electronic pull-tab devices.
38.10(c) Before authorizing the lease or sale of electronic pull-tab devices and the
38.11electronic pull-tab game system, the board shall examine electronic pull-tab devices
38.12allowed under section 349.12, subdivision 12b. The board may contract for the
38.13examination of the game system and electronic pull-tab devices and may require a working
38.14model to be transported to locations the board designates for testing, examination, and
38.15analysis. The manufacturer must pay all costs of any testing, examination, analysis, and
38.16transportation of the model. The system must be approved by the board before its use in
38.17the state and must have the capability to permit the board to electronically monitor its
38.18operation and internal accounting systems.
38.19(d) The board may require a manufacturer to submit a certificate from an independent
38.20testing laboratory approved by the board to perform testing services, stating that the
38.21equipment has been tested, analyzed, and meets the standards required in this chapter
38.22and any applicable board rules.
38.23(e) The board, or the director if authorized by the board, may require the deactivation
38.24of an electronic pull-tab device for violation of a law or rule and to implement any other
38.25controls deemed necessary to ensure and maintain the integrity of electronic pull-tab
38.26devices and the electronic pull-tab games played on the devices.
38.27 Sec. 20. Minnesota Statutes 2010, section 349.161, subdivision 1, is amended to read:
38.28 Subdivision 1. Prohibited acts; licenses required. (a) No person may:
38.29 (1) sell, offer for sale, or furnish gambling equipment for use within the state other
38.30than for lawful gambling exempt or excluded from licensing, except to an organization
38.31licensed for lawful gambling;
38.32 (2) sell, offer for sale, or furnish gambling equipment for use within the state without
38.33having obtained a distributor license or a distributor salesperson license under this section
38.34except that an organization authorized to conduct bingo by the board may loan bingo
39.1hard cards and devices for selecting bingo numbers to another organization authorized to
39.2conduct bingo and a linked bingo game provider may provide electronic bingo devices for
39.3linked electronic bingo games;
39.4 (3) sell, offer for sale, or furnish gambling equipment for use within the state that is
39.5not purchased or obtained from a manufacturer or distributor licensed under this chapter; or
39.6 (4) sell, offer for sale, or furnish gambling equipment for use within the state that
39.7has the same serial number as another item of gambling equipment of the same type sold
39.8or offered for sale or furnished for use in the state by that distributor.
39.9 (b) No licensed distributor salesperson may sell, offer for sale, or furnish gambling
39.10equipment for use within the state without being employed by a licensed distributor or
39.11owning a distributor license.
39.12(c) No distributor or distributor salesperson may also be licensed as a linked bingo
39.13game provider under section 349.1635.
39.14 Sec. 21. Minnesota Statutes 2010, section 349.161, subdivision 5, is amended to read:
39.15 Subd. 5. Prohibition. (a) No distributor, distributor salesperson, or other employee
39.16of a distributor, may also be a wholesale distributor of alcoholic beverages or an employee
39.17of a wholesale distributor of alcoholic beverages.
39.18 (b) No distributor, distributor salesperson, or any representative, agent, affiliate, or
39.19other employee of a distributor, may: (1) be involved in the conduct of lawful gambling
39.20by an organization; (2) keep or assist in the keeping of an organization's financial records,
39.21accounts, and inventories; or (3) prepare or assist in the preparation of tax forms and other
39.22reporting forms required to be submitted to the state by an organization.
39.23 (c) No distributor, distributor salesperson, or any representative, agent, affiliate,
39.24or other employee of a distributor may provide a lessor of gambling premises any
39.25compensation, gift, gratuity, premium, or other thing of value.
39.26 (d) No distributor, distributor salesperson, or any representative, agent, affiliate, or
39.27other employee of a distributor may provide an employee or agent of the organization
39.28any compensation, gift, gratuity, premium, or other thing of value greater than $25 per
39.29organization in a calendar year.
39.30 (e) No distributor, distributor salesperson, or any representative, agent, affiliate, or
39.31other employee of a distributor may participate in any gambling activity at any gambling
39.32site or premises where gambling equipment purchased or leased from that distributor or
39.33distributor salesperson is being used in the conduct of lawful gambling.
40.1 (f) No distributor, distributor salesperson, or any representative, agent, affiliate, or
40.2other employee of a distributor may alter or modify any gambling equipment, except to
40.3add a "last ticket sold" prize sticker for a paper pull-tab game.
40.4 (g) No distributor, distributor salesperson, or any representative, agent, affiliate, or
40.5other employee of a distributor may: (1) recruit a person to become a gambling manager
40.6of an organization or identify to an organization a person as a candidate to become
40.7gambling manager for the organization; or (2) identify for an organization a potential
40.8gambling location.
40.9 (h) No distributor or distributor salesperson may purchase or lease gambling
40.10equipment for resale or lease to a person for use within the state from any person not
40.11licensed as a manufacturer under section349.163 , except for gambling equipment
40.12returned from an organization licensed under section349.16 , or exempt or excluded from
40.13licensing under section349.166 .
40.14 (i) No distributor or distributor salesperson may sell gambling equipment, except
40.15gambling equipment identified as a promotional ticket, to any person for use in Minnesota
40.16other than (i) a licensed organization or organization excluded or exempt from licensing,
40.17or (ii) the governing body of an Indian tribe.
40.18 (j) No distributor or distributor salesperson may sell or otherwise provide a paper
40.19pull-tab or tipboard deal with the symbol required by section349.163, subdivision 5 ,
40.20paragraph (d), visible on the flare to any person other than in Minnesota to a licensed
40.21organization or organization exempt from licensing.
40.22 Sec. 22. Minnesota Statutes 2010, section 349.162, subdivision 5, is amended to read:
40.23 Subd. 5. Sales from facilities. (a) All gambling equipment purchased or possessed
40.24by a licensed distributor for resale or lease to any person for use in Minnesota must, prior
40.25to the equipment's resale or lease, be unloaded into a storage facility located in Minnesota
40.26which the distributor owns or leases; and which has been registered, in advance and in
40.27writing, with the Division of Alcohol and Gambling Enforcement as a storage facility of
40.28the distributor. All unregistered gambling equipment and all unaffixed registration stamps
40.29owned by, or in the possession of, a licensed distributor in the state of Minnesota shall be
40.30stored at a storage facility which has been registered with the Division of Alcohol and
40.31Gambling Enforcement. No gambling equipment may be moved from the facility unless
40.32the gambling equipment has been first registered with the board or the Department of
40.33Revenue. A distributor must notify the board of the method that it will use to sell and
40.34transfer electronic pull-tab games to licensed organizations, and must receive approval of
40.35the board before implementing or making changes to the approved method.
41.1(b) Notwithstanding section349.163, subdivisions 5, 6, and 8 , a licensed
41.2manufacturer may ship into Minnesota approved or unapproved gambling equipment if the
41.3licensed manufacturer ships the gambling equipment to a Minnesota storage facility that
41.4is: (1) owned or leased by the licensed manufacturer; and (2) registered, in advance and
41.5in writing, with the Division of Alcohol and Gambling Enforcement as a manufacturer's
41.6storage facility. No gambling equipment may be shipped into Minnesota to the
41.7manufacturer's registered storage facility unless the shipment of the gambling equipment
41.8is reported to the Department of Revenue in a manner prescribed by the department.
41.9No gambling equipment may be moved from the storage facility unless the gambling
41.10equipment is sold to a licensed distributor and is otherwise in conformity with this chapter,
41.11is shipped to an out-of-state site and the shipment is reported to the Department of
41.12Revenue in a manner prescribed by the department, or is otherwise sold and shipped as
41.13permitted by board rule. A manufacturer must notify the board of the method that it will
41.14use to sell and transfer electronic pull-tab games to licensed distributors, and must receive
41.15approval of the board before implementing or making changes to the approved method.
41.16(c) All storage facilities owned, leased, used, or operated by a licensed distributor
41.17or manufacturer may be entered upon and inspected by the employees of the Division of
41.18Alcohol and Gambling Enforcement, the Division of Alcohol and Gambling Enforcement
41.19director's authorized representatives, employees of the Gambling Control Board or its
41.20authorized representatives, employees of the Department of Revenue, or authorized
41.21representatives of the director of the Division of Special Taxes of the Department of
41.22Revenue during reasonable and regular business hours. Obstruction of, or failure to
41.23permit, entry and inspection is cause for revocation or suspension of a manufacturer's or
41.24distributor's licenses and permits issued under this chapter.
41.25(d) Unregistered gambling equipment found at any location in Minnesota other than
41.26the manufacturing plant of a licensed manufacturer or a registered storage facility are
41.27contraband under section349.2125 . This paragraph does not apply:
41.28(1) to unregistered gambling equipment being transported in interstate commerce
41.29between locations outside this state, if the interstate shipment is verified by a bill of lading
41.30or other valid shipping document; and
41.31(2) to gambling equipment registered with the Department of Revenue for
41.32distribution to the tribal casinos.
41.33 Sec. 23. Minnesota Statutes 2010, section 349.163, subdivision 1, is amended to read:
41.34 Subdivision 1. License required. No manufacturer of gambling equipment may
41.35sell any gambling equipment to any person for use or resale within the state, unless the
42.1manufacturer has a current and valid license issued by the board under this section and has
42.2satisfied other criteria prescribed by the board by rule. A manufacturer licensed under this
42.3section may also be licensed as a linked bingo game provider under section 349.1635.
42.4A manufacturer licensed under this section may not also be directly or indirectly
42.5licensed as a distributor under section349.161 .
42.6 Sec. 24. Minnesota Statutes 2010, section 349.163, subdivision 5, is amended to read:
42.7 Subd. 5. Paper pull-tab and tipboard flares. (a) A manufacturer may not ship or
42.8cause to be shipped into this state or sell for use or resale in this state any deal of paper
42.9pull-tabs or tipboards that does not have its own individual flare as required for that deal
42.10by this subdivision and rule of the board. A person other than a manufacturer may not
42.11manufacture, alter, modify, or otherwise change a flare for a deal of paper pull-tabs or
42.12tipboards except as allowed by this chapter or board rules.
42.13(b) The flare of each paper pull-tab and tipboard game must have affixed to
42.14or imprinted at the bottom a bar code that provides all information required by the
42.15commissioner of revenue under section297E.04, subdivision 2 .
42.16The serial number included in the bar code must be the same as the serial number
42.17of the tickets included in the deal. A manufacturer who manufactures a deal of paper
42.18pull-tabs must affix to the outside of the box containing that game the same bar code that
42.19is affixed to or imprinted at the bottom of a flare for that deal.
42.20(c) No person may alter the bar code that appears on the outside of a box containing
42.21a deal of paper pull-tabs and tipboards. Possession of a box containing a deal of paper
42.22pull-tabs and tipboards that has a bar code different from the bar code of the deal inside
42.23the box is prima facie evidence that the possessor has altered the bar code on the box.
42.24(d) The flare of each deal of paper pull-tabs and tipboards sold by a manufacturer for
42.25use or resale in Minnesota must have imprinted on it a symbol that is at least one inch high
42.26and one inch wide consisting of an outline of the geographic boundaries of Minnesota
42.27with the letters "MN" inside the outline. The flare must be placed inside the wrapping of
42.28the deal which the flare describes.
42.29(e) Each paper pull-tab and tipboard flare must bear the following statement printed
42.30in letters large enough to be clearly legible:
42.31"Pull-tab (or tipboard) purchasers -- This pull-tab (or tipboard) game is not legal in
42.32Minnesota unless:
42.33-- an outline of Minnesota with letters "MN" inside it is imprinted on this sheet, and
42.34-- the serial number imprinted on the bar code at the bottom of this sheet is the same
42.35as the serial number on the pull-tab (or tipboard) ticket you have purchased."
43.1(f) The flare of each paper pull-tab and tipboard game must have the serial number
43.2of the game imprinted on the bar code at the bottom of the flare in numerals at least
43.3one-half inch high.
43.4 Sec. 25. Minnesota Statutes 2010, section 349.163, subdivision 6, is amended to read:
43.5 Subd. 6. Samples of gambling equipment. (a) The board shall require each
43.6licensed manufacturer to submit to the board one or more samples of each item of gambling
43.7equipmentthe manufacturer manufactures manufactured for use or resale in this state.
43.8For purposes of this subdivision, a manufacturer is also required to submit the applicable
43.9version of any software necessary to operate electronic devices and related systems.
43.10(b) The board shall inspect and test all the equipment, including software and
43.11software upgrades, it deems necessary to determine the equipment's compliance with
43.12law and board rules. Samples required under this subdivision must be approved by the
43.13board before the equipment being sampled is shipped into or sold for use or resale in this
43.14state. The board shall impose a fee of $25 for each item of gambling equipment that the
43.15manufacturer submits for approval or for which the manufacturer requests approval. The
43.16board shall impose a fee of $100 for each sample of gambling equipment that it tests.
43.17(c) The board may require samples of gambling equipment to be tested by an
43.18independent testing laboratory prior to submission to the board for approval. All costs
43.19of testing by an independent testing laboratory must be borne by the manufacturer. An
43.20independent testing laboratory used by a manufacturer to test samples of gambling
43.21equipment must be approved by the board before the equipment is submitted to the
43.22laboratory for testing.
43.23(d) The board may request the assistance of the commissioner of public safety and
43.24the director of the State Lottery in performing the tests.
43.25 Sec. 26. Minnesota Statutes 2010, section 349.1635, subdivision 2, is amended to read:
43.26 Subd. 2. License application. The board may issue a license to a linked bingo game
43.27provider or to a manufacturer licensed under section 349.163 who meets the qualifications
43.28of this chapter and the rules promulgated by the board. The application shall be on a form
43.29prescribed by the board. The license is valid for two years and the fee for a linked bingo
43.30game provider license is $5,000 per year.
43.31 Sec. 27. Minnesota Statutes 2010, section 349.1635, subdivision 3, is amended to read:
43.32 Subd. 3. Attachments to application. An applicant for a linked bingo game
43.33provider license must attach to its application:
44.1(1) evidence of a bond in the principal amount of $100,000 payable to the state of
44.2Minnesota conditioned on the payment of all linked bingo prizes and any other money due
44.3and payable under this chapter;
44.4(2) detailed plans and specifications for the operation of the linked bingo game and
44.5the linked bingo system, along with a proposed fee schedule for the cost of providing
44.6services and equipment to licensed organizations which may not exceed ... percent of
44.7gross profits. The fee schedule must incorporate costs paid to distributors for services
44.8provided under subdivision 5; and
44.9(3) any other information required by the board by rule.
44.10 Sec. 28. Minnesota Statutes 2010, section 349.1635, is amended by adding a
44.11subdivision to read:
44.12 Subd. 5. Linked bingo game services requirements. (a) A linked bingo game
44.13provider must contract with licensed distributors for linked bingo game services including,
44.14but not limited to, the solicitation of agreements with licensed organizations, and
44.15installation, repair, or maintenance of the linked bingo game system.
44.16(b) A distributor may not charge a fee to licensed organizations for services
44.17authorized and rendered under paragraph (a).
44.18(c) A linked bingo game provider may not contract with any distributor on an
44.19exclusive basis.
44.20(d) A linked bingo game provider may refuse to contract with a licensed distributor
44.21if the linked bingo game provider demonstrates that the licensed distributor is not capable
44.22of performing the services under the contract.
44.23 Sec. 29. Minnesota Statutes 2010, section 349.17, subdivision 6, is amended to read:
44.24 Subd. 6. Conduct of bingo. The price of a face played on an electronic bingo
44.25device may not be less than the price of a face on a bingo paper sheet sold for the same
44.26game at the same occasion. A game of bingo begins with the first letter and number called
44.27or displayed. Each player must cover, mark, or activate the numbers when bingo numbers
44.28are randomly selected, and announced, and or displayed to the players, either manually
44.29or with a flashboard and monitor. The game is won when a player, using bingo paper,
44.30bingo hard card, or a facsimile of a bingo paper sheet, has completed, as described in the
44.31bingo program, a previously designated pattern or previously determined requirements
44.32of the game and declared bingo. The game is completed when a winning card, sheet, or
44.33facsimile is verified and a prize awarded pursuant to subdivision 3.
45.1 Sec. 30. Minnesota Statutes 2010, section 349.17, subdivision 7, is amended to read:
45.2 Subd. 7. Bar bingo. An organization may conduct bar bingo subject to the
45.3following restrictions:
45.4 (1) the bingo is conducted at a site the organization owns or leases and which has a
45.5license for the sale of intoxicating beverages on the premises under chapter 340A; and
45.6 (2) the bingo is conducted using only bingo paper sheets or facsimiles of bingo paper
45.7sheets purchased from a licensed distributor or licensed linked bingo game provider; and.
45.8(3) no rent may be paid for a bar bingo occasion.
45.9 Sec. 31. Minnesota Statutes 2010, section 349.17, subdivision 8, is amended to read:
45.10 Subd. 8. Linked bingo games. (a) A licensed organization may conduct or
45.11participate innot more than two linked bingo games per occasion, one of which may be,
45.12including a progressive game in which a portion of the prize is carried over from one
45.13occasion game to another until won by a player achieving a bingo within a predetermined
45.14amount of bingo numbers called.
45.15 (b)Each participating licensed organization shall contribute to each prize awarded in
45.16a linked bingo game in an amount not to exceed $300. Linked bingo games may only be
45.17conducted by licensed organizations who have a valid agreement with the linked bingo
45.18game provider.
45.19 (c) An electronic bingo device as defined in section349.12, subdivision 12a , may
45.20be used for a linked bingo game.
45.21 (d) The board may adopt rules to:
45.22 (1) specify the manner in which a linked bingo game must be played and how the
45.23linked bingo prizes must be awarded;
45.24 (2) specify the records to be maintained by a linked bingo game provider;
45.25 (3) require the submission of periodic reports by the linked bingo game provider and
45.26specify the content of the reports;
45.27 (4) establish the qualifications required to be licensed as a linked bingo game
45.28provider; and
45.29 (5) any other matter involving the operation of a linked bingo game.
45.30 Sec. 32. Minnesota Statutes 2010, section 349.17, is amended by adding a subdivision
45.31to read:
45.32 Subd. 9. Linked bingo games played exclusively on electronic bingo devices. In
45.33addition to the requirements of subdivision 8, the following requirements and restrictions
45.34apply when linked bingo games are played exclusively on electronic bingo devices:
46.1(a) The permitted premises must be:
46.2(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent
46.3malt beverages, except for a general food store or drug store permitted to sell alcoholic
46.4beverages under section 340A.405, subdivision 1; or
46.5(2) a premises where bingo is conducted as the primary business and has a seating
46.6capacity of at least 100.
46.7(b) The number of electronic bingo devices is limited to:
46.8(1) no more than six devices in play for permitted premises with 200 seats or less;
46.9(2) no more than 12 devices in play for permitted premises with 201 seats or more;
46.10and
46.11(3) no more than 50 devices in play for permitted premises where bingo is the
46.12primary business.
46.13Seating capacity is determined as specified under the local fire code.
46.14(c) Prior to a bingo occasion, the linked bingo game provider, on behalf of the
46.15participating organizations, must provide to the board a bingo program in a format
46.16prescribed by the board.
46.17(d) Before participating in the play of a linked bingo game, a player must present
46.18and register a valid picture identification card that includes the player's address and
46.19date of birth.
46.20(e) An organization may remove from play a device that a player has not maintained
46.21in an activated mode for a specified period of time determined by the organization. The
46.22organization must provide the notice in its house rules.
46.23 Sec. 33. Minnesota Statutes 2010, section 349.1721, is amended to read:
46.24349.1721 CONDUCT OF PULL-TABS.
46.25 Subdivision 1. Cumulative or carryover games. The board shall by rule permit
46.26pull-tab games with multiple seals. The board shall also adopt rules for pull-tab games with
46.27cumulative or carryover prizes. The rules shall also apply to electronic pull-tab games.
46.28 Subd. 2. Event games. The board shall by rule permit pull-tab games in which
46.29certain winners are determined by the random selection of one or more bingo numbers
46.30or by another method approved by the board. The rules shall also apply to electronic
46.31pull-tab games.
46.32 Subd. 3. Pull-tab dispensing device location restrictions and requirements.
46.33The following pertain to pull-tab dispensing devices as defined under section 349.12,
46.34subdivision 32a.
47.1(a) The use of any pull-tab dispensing device must be at a permitted premises
47.2which is:
47.3(1) a licensed premises for on-sale of intoxicating liquor or 3.2 percent malt
47.4beverages;
47.5(2) a premises where bingo is conducted as the primary business; or
47.6(3) an establishment licensed for the off-sale of intoxicating liquor, other than drug
47.7stores and general food stores licensed under section 340A.405, subdivision 1.
47.8(b) The number of pull-tab dispensing devices located at any permitted premises
47.9is limited to three.
47.10 Subd. 4. Electronic pull-tab device requirements and restrictions. The following
47.11pertain to the use of electronic pull-tab devices as defined under section 349.12,
47.12subdivision 12b.
47.13(a) The use of any electronic pull-tab device must be at a permitted premises that is:
47.14(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent
47.15malt beverages, except for a general food store or drug store permitted to sell alcoholic
47.16beverages under section 340A.405, subdivision 1; or
47.17(2) a premises where bingo is conducted as the primary business and has a seating
47.18capacity of at least 100; and
47.19(3) where the sale of paper pull-tabs is conducted by the licensed organization.
47.20(b) The number of electronic pull-tab devices is limited to:
47.21(1) no more than six devices in play at any permitted premises with 200 seats or less;
47.22(2) no more than 12 devices in play at any permitted premises with 201 seats
47.23or more; and
47.24(3) no more than 50 devices in play at any permitted premises where the primary
47.25business is bingo.
47.26Seating capacity is determined as specified under the local fire code.
47.27(c) The hours of operation for the devices are limited to 8:00 a.m. to 2:00 a.m.
47.28(d) All electronic pull-tab games must be sold and played on the permitted premises
47.29and may not be linked to other permitted premises.
47.30(e) Electronic pull-tab games may not be transferred electronically or otherwise to
47.31any other location by the licensed organization.
47.32(f) Electronic pull-tab games may be commingled if the games are from the same
47.33family of games and manufacturer and contain the same game name, form number, type
47.34of game, ticket count, prize amounts, and prize denominations. Each commingled game
47.35must have a unique serial number.
48.1(g) An organization may remove from play a device that a player has not maintained
48.2in an activated mode for a specified period of time determined by the organization. The
48.3organization must provide the notice in its house rules.
48.4(h) Before participating in the play of an electronic pull-tab game, a player must
48.5present and register a valid picture identification card that includes the player's address
48.6and date of birth.
48.7(i) Each player is limited to the use of one device at a time.
48.8 Sec. 34. Minnesota Statutes 2010, section 349.18, subdivision 1, is amended to read:
48.9 Subdivision 1. Lease or ownership required; rent limitations. (a) An organization
48.10may conduct lawful gambling only on premises it owns or leases. Leases must be on a
48.11form prescribed by the board. The term of the lease is concurrent with the premises permit.
48.12Leases approved by the board must specify that the board may authorize an organization
48.13to withhold rent from a lessor for a period of up to 90 days if the board determines that
48.14illegal gambling occurred on the premises or that the lessor or its employees participated
48.15in the illegal gambling or knew of the gambling and did not take prompt action to stop the
48.16gambling. The lease must authorize the continued tenancy of the organization without
48.17the payment of rent during the time period determined by the board under this paragraph.
48.18Copies of all leases must be made available to employees of the board and the Division of
48.19Alcohol and Gambling Enforcement on request.
48.20 (b) Rent paid by an organization for leased premises for the conduct ofpull-tabs,
48.21tipboards, and paddle wheels lawful gambling is subject to the following limits and
48.22restrictions:
48.23 (1) For booth operations,including booth operations where a pull-tab dispensing
48.24device is located, booth operations where a bar operation is also conducted, and booth
48.25operations where both a pull-tab dispensing device is located and a bar operation is also
48.26conducted, the maximum rent is: monthly rent may not exceed ten percent of gross profits
48.27for that month.
48.28(i) in any month where the organization's gross profit at those premises does not
48.29exceed $4,000, up to $400; and
48.30(ii) in any month where the organization's gross profit at those premises exceeds
48.31$4,000, up to $400 plus not more than ten percent of the gross profit for that month in
48.32excess of $4,000;
48.33 (2) For bar operations,including bar operations where a pull-tab dispensing device
48.34is located but not including bar operations subject to clause (1), and for locations where
49.1only a pull-tab dispensing device is located: monthly rent may not exceed 15 percent of
49.2the gross profits for that month.
49.3(i) in any month where the organization's gross profit at those premises does not
49.4exceed $1,000, up to $200; and
49.5(ii) in any month where the organization's gross profit at those premises exceeds
49.6$1,000, up to $200 plus not more than 20 percent of the gross profit for that month
49.7in excess of $1,000;
49.8 (3)a lease not governed by clauses (1) and (2) must be approved by the board before
49.9becoming effective; For electronic linked bingo games and electronic pull-tab games that
49.10are operated for separate time periods within a business day by an organization and the
49.11lessor, monthly rent may not be more than:
49.12(i) 15 percent of the gross profits for that month for the time periods operated by
49.13the lessor. The lessor is responsible for cash shortages that occur during the time periods
49.14the games are operated by the lessor; and
49.15(ii) ten percent of gross profits for that month for the time periods operated by the
49.16organization. The organization is responsible for cash shortages that occur during the time
49.17periods the games are operated by the organization.
49.18(4) total rent paid to a lessor from all organizations from leases governed by clause
49.19(1) may not exceed $1,750 per month.
49.20(c) Rent paid by an organization for leased premises for the conduct of bingo is
49.21subject to either of the following limits at the option of the parties to the lease:
49.22(1) (4) For bingo conducted at a leased premises where the primary business is
49.23bingo, rent is limited to either not more than ten percent of the monthly gross profit from
49.24all lawful gambling activities held during bingo occasions, excluding bar bingo or at a
49.25rate based on a cost per square foot not to exceed 110 percent of a comparable cost per
49.26square foot for leased space as approved by the director; and.
49.27(2) (5) No rent may be paid for bar bingo as defined in section 349.12, subdivision 3c.
49.28(6) A lease not governed by clauses (1) to (5) must be approved by the director
49.29before becoming effective.
49.30(d) (c) Amounts paid as rent under leases are all-inclusive. No other services or
49.31expenses provided or contracted by the lessor may be paid by the organization, including,
49.32but not limited to, trash removal, janitorial and cleaning services, snow removal, lawn
49.33services, electricity, heat, security, security monitoring, storage, and other utilities or
49.34services,and, in the case of bar operations, cash shortages, unless approved by the
49.35director. The lessor shall be responsible for the cost of any communications network or
49.36service required to conduct electronic pull-tab games or electronic bingo games. Any
50.1other expenditure made by an organization that is related to a leased premises must be
50.2approved by the director. For bar operations, the lessor is responsible for cash shortages.
50.3An organization may not provide any compensation or thing of value to a lessor or the
50.4lessor's employees from any fund source other than its gambling account. Rent payments
50.5may not be made to an individual.
50.6(e) (d) Notwithstanding paragraph (b), an organization may pay a lessor for food
50.7or beverages or meeting room rental if the charge made is comparable to similar charges
50.8made to other individuals or groups.
50.9(f) No entity other than the (e) A licensed organization may not conduct any activity
50.10within a booth operation on behalf of the lessor on a leased premises.
50.11 Sec. 35. Minnesota Statutes 2010, section 349.19, subdivision 2, is amended to read:
50.12 Subd. 2. Accounts. (a) Gross receipts from lawful gambling by each organization
50.13must be segregated from all other revenues of the conducting organization and placed in a
50.14separate gambling bank account.
50.15(b) All expenditures for allowable expenses, taxes, and lawful purposes must be
50.16made from the separate account except (1) in the case of expenditures previously approved
50.17by the organization's membership for emergencies as defined by board rule, (2) as provided
50.18in subdivision 2a, or (3) when restricted to one electronic fund transaction for the payment
50.19of taxes for the organization as a whole, the organization may transfer the amount of taxes
50.20related to the conduct of gambling to the general account at the time when due and payable.
50.21(c) The name and address of the bank, the account number for the separate account,
50.22and the names of organization members authorized as signatories on the separate account
50.23must be provided to the board when the application is submitted. Changes in the
50.24information must be submitted to the board at least ten days before the change is made.
50.25(d) Except for gambling receipts from electronic pull-tab games and linked
50.26electronic bingo games, gambling receipts must be deposited into the gambling bank
50.27account within four business days of completion of the bingo occasion, deal, or game from
50.28which they are received.
50.29(1) A deal of paper pull-tabs is considered complete when either the last pull-tab of
50.30the deal is sold or the organization does not continue the play of the deal during the next
50.31scheduled period of time in which the organization will conduct pull-tabs.
50.32(2) A tipboard game is considered complete when the seal on the game flare is
50.33uncovered or the organization does not continue the play of the deal during the next
50.34scheduled period of time in which the organization will conduct tipboards.
51.1(e) Gambling receipts from all electronic pull-tab games and all linked electronic
51.2bingo games must be recorded on a daily basis and deposited into the gambling bank
51.3account within two business days.
51.4(e) (f) Deposit records must be sufficient to allow determination of deposits made
51.5from each bingo occasion, deal, or game at each permitted premises.
51.6(f) (g) The person who accounts for gambling gross receipts and profits may not be
51.7the same person who accounts for other revenues of the organization.
51.8 Sec. 36. Minnesota Statutes 2010, section 349.19, subdivision 3, is amended to read:
51.9 Subd. 3. Expenditures. (a) All expenditures of gross profits from lawful gambling
51.10must be itemized as to payee, purpose, amount, and date of payment.
51.11(b) Each licensed organization must report monthly to the boardon a form in an
51.12electronic format prescribed by the board each expenditure or contribution of net profits
51.13from lawful gambling. The reports must provide for each expenditure or contribution:
51.14(1) the name of the recipient of the expenditure or contribution;
51.15(2) the date the expenditure or contribution was approved by the organization;
51.16(3) the date, amount, and check number or electronic transfer confirmation number
51.17of the expenditure or contribution;
51.18(4) a brief description of how the expenditure or contribution meets one or more of
51.19the purposes in section349.12, subdivision 25 ; and
51.20(5) in the case of expenditures authorized under section349.12, subdivision 25 ,
51.21paragraph (a), clause (7), whether the expenditure is for a facility or activity that primarily
51.22benefits male or female participants.
51.23(c) Authorization of the expenditures must be recorded in the monthly meeting
51.24minutes of the licensed organization.
51.25(d) Checks or authorizations for electronic fund transfers for expenditures of gross
51.26profits must be signed by at least two persons authorized by board rules to sign the
51.27checks or authorizations.
51.28(e) Expenditures of gross profits from lawful gambling for local, state, and federal
51.29taxes as identified in section349.12, subdivision 25 , paragraph (a), clause (8), may be
51.30transferred electronically from the organization's gambling account directly to bank
51.31accounts identified by local, state, or federal agencies if the organization's gambling
51.32account monthly bank statement specifically identifies the payee by name, the amount
51.33transferred, and the date of the transaction.
51.34(f) Expenditures of gross profits from lawful gambling for payments for lawful
51.35purpose expenditures and allowable expenses may be transferred electronically from the
52.1organization's gambling account directly to bank accounts identified by the vendor if the
52.2organization's gambling account monthly bank statement specifically identifies the payee
52.3by name, the amount transferred, the account number of the account into which the funds
52.4were transferred, and the date of the transaction.
52.5(g) Expenditures of gross profits from lawful gambling for payroll compensation
52.6to an employee's account and for the payment of local, state, and federal withholding
52.7taxes may be transferred electronically to and from the account of a payroll processing
52.8firm provided that the firm:
52.9(1) is currently registered with and meets the criteria of the Department of Revenue
52.10as a third-party bulk filer under section290.92, subdivision 30 ;
52.11(2) is able to provide proof of a third-party audit and an annual report and statement
52.12of financial condition;
52.13(3) is able to provide evidence of a fidelity bond; and
52.14(4) can provide proof of having been in business as a third-party bulk filer for the
52.15most recent three years.
52.16(h) Electronic payments of taxes, lawful purpose expenditures, and allowable
52.17expenses are permitted only if they have been authorized by the membership, the
52.18organization maintains supporting documentation, and the expenditures can be verified.
52.19 Sec. 37. Minnesota Statutes 2010, section 349.19, subdivision 5, is amended to read:
52.20 Subd. 5. Reports. (a) A licensed organization must report monthly to the
52.21Department of Revenue board in an electronic format prescribed by the board and to its
52.22membershipmonthly, or quarterly in the case of a licensed organization which does not
52.23report more than $1,000 in gross receipts from lawful gambling in any calendar quarter,
52.24on its gross receipts, expenses, profits, and expenditure of profits from lawful gambling
52.25for each permitted premises. The organization must account for and report on each form
52.26of lawful gambling conducted. Thereport organization must include a reconciliation of
52.27the organization's profit carryover with its cash balance on hand.If the organization
52.28conducts both bingo and other forms of lawful gambling, the figures for both must be
52.29reported separately.
52.30(b) The organization must reportannually to its membership and annually file with
52.31the board a financial summary report in a format prescribed by the board that identifies the
52.32organization's receipts and use of lawful gambling proceeds, including: monthly to the
52.33commissioner of revenue as required under section 297E.06.
52.34(1) gross receipts;
52.35(2) prizes paid;
53.1(3) allowable expenses;
53.2(4) lawful purpose expenditures, including annual totals for types of charitable
53.3contributions and all taxes and fees as per section
349.12, subdivision 25, paragraph
53.4(a), clauses (8) and (18);
53.5(5) the percentage of annual gross profits used for charitable contributions; and
53.6(6) the percentage of annual gross profits used for all taxes and fees as per section
53.7349.12, subdivision 25, paragraph (a), clauses (8) and (18).
53.8 Sec. 38. Minnesota Statutes 2010, section 349.19, subdivision 10, is amended to read:
53.9 Subd. 10. Pull-tab records. (a) The board shall by rule require a licensed
53.10organization to require each winner of a paper pull-tab prize of $50 or more to present
53.11identification in the form of a driver's license, Minnesota identification card, or other
53.12identification the board deems sufficient to allow the identification and tracking of the
53.13winner. The rule must require the organization to retain winning paper pull-tabs of $50 or
53.14more, and the identification of the winner of the pull-tab, for 3-1/2 years.
53.15 (b) An organization must maintain separate cash banks for each deal of paper
53.16pull-tabs unless (1) the licensed organization uses a pull-tab dispensing device, or (2) the
53.17organization uses a cash register, of a type approved by the board, which records all
53.18sales of paper pull-tabs by separate deals.
53.19 (c) The board shall:
53.20 (1) by rule adopt minimum technical standards for cash registers that may be used
53.21by organizations, and shall approve for use by organizations any cash register that meets
53.22the standards; and
53.23 (2) before allowing an organization to use a cash register that commingles receipts
53.24from several different paper pull-tab games in play, adopt rules that define how cash
53.25registers may be used and that establish a procedure for organizations to reconcile all
53.26pull-tab games in play at the end of each month.
53.27 Sec. 39. Minnesota Statutes 2010, section 349.211, subdivision 1a, is amended to read:
53.28 Subd. 1a. Linked bingo prizes. Prizes for a linked bingo game shall be limited
53.29as follows:
53.30(1)no organization may contribute more than $300 per linked bingo game to a
53.31linked bingo prize pool for linked bingo games played without electronic bingo devices,
53.32an organization may not contribute to a linked bingo game prize pool more than $300
53.33per linked bingo game per site;
54.1(2) for linked bingo games played exclusively with electronic bingo devices, an
54.2organization may not contribute more than 85 percent of the gross receipts per permitted
54.3premises to a linked bingo game prize pool;
54.4(2) (3) no organization may award more than $200 for a linked bingo game
54.5consolation prize. For purposes of this subdivision, a linked bingo game consolation
54.6prize is a prize awarded by an organization after a prize from the linked bingo prize pool
54.7has been won;and
54.8(3) (4) for a progressive linked bingo game, if no player declares a valid bingo
54.9within the for a progressive prize or prizes based on a predetermined amount of bingo
54.10numbers called and posted win determination, a portion of the prize is gross receipts
54.11may be carried over to anotheroccasion game until the accumulated progressive prize
54.12is won. The portion of the prize that is not carried over must be awarded to the first
54.13player or players who declares a valid bingo as additional numbers are called. If a valid
54.14bingo is declared within the predetermined amount of bingo numbers called, the entire
54.15prize pool for that game is awarded to the winner. The annual limit for progressive bingo
54.16game prizes contained in subdivision 2 must be reduced by the amount an organization
54.17contributes to progressive linked bingo games during the same calendar year.; and
54.18(5) for linked bingo games played exclusively with electronic bingo devices, linked
54.19bingo prizes in excess of $599 shall be paid by the linked bingo game provider to the
54.20player within three business days. Winners of linked bingo prizes in excess of $599 will
54.21be given a receipt or claim voucher as proof of a win.
54.22 Sec. 40. Minnesota Statutes 2010, section 349.2127, subdivision 2, is amended to read:
54.23 Subd. 2. Prohibition against possession. (a) A person is guilty of a crime who sells,
54.24offers for sale, or possesses a pull-tab or tipboard deal or paddle ticket cards not stamped
54.25or bar coded in accordance with the provisions of this chapter or chapter 297E. A violation
54.26of this paragraph is a gross misdemeanor if it involves ten or fewer pull-tab or tipboard
54.27deals. A violation of this paragraph is a felony if it involves more than ten pull-tab or
54.28tipboard deals, or a combination of more than ten deals of pull-tabs and tipboards.
54.29(b) A person, other than a licensed manufacturer, a licensed distributor, or an
54.30organization licensed or exempt or excluded from licensing under this chapter, is guilty of
54.31a crime who sells, offers to sell, or possesses gambling equipment. A violation of this
54.32paragraph is a gross misdemeanor if it involves ten or fewer pull-tab or tipboard deals.
54.33A violation of this paragraph is a felony if it involves more than ten pull-tab or tipboard
54.34deals, or a combination of more than ten deals of pull-tabs and tipboards.
55.1(c) A person is guilty of a crime who alters, modifies, or counterfeits pull-tabs,
55.2tipboards, or tipboard tickets, or possesses altered, modified, or counterfeit pull-tabs,
55.3tipboards, or tipboard tickets. A violation of this paragraph is a gross misdemeanor if
55.4the total face value for all such pull-tabs, tipboards, or tipboard tickets does not exceed
55.5$200. A violation of this paragraph is a felony if the total face value exceeds $200. For
55.6purposes of this paragraph, the face value of all pull-tabs, tipboards, and tipboard tickets
55.7altered, modified, or counterfeited within a six-month period may be aggregated and the
55.8defendant charged accordingly.
55.9(d) A person, other than a licensed distributor or licensed manufacturer, is guilty of a
55.10crime who possesses a pull-tab or tipboard deal for which the person, upon demand of
55.11a licensed peace officer or authorized agent of the commissioner of revenue or director
55.12of alcohol and gambling enforcement, does not immediately produce for inspection the
55.13invoice or a true and correct copy of the invoice for the acquisition of the deal from a
55.14licensed distributor. A violation of this paragraph is a gross misdemeanor if it involves
55.15ten or fewer pull-tab or tipboard deals. A violation of this paragraph is a felony if it
55.16involves more than ten pull-tab or tipboard deals, or a combination of more than ten deals
55.17of pull-tabs and tipboards. This paragraph does not apply to pull-tab and tipboard deals
55.18being transported in interstate commerce between locations outside this state.
55.19(e) A person, other than a licensed distributor, licensed linked bingo game provider,
55.20or licensed manufacturer, who removes or possesses an electronic bingo device or
55.21electronic pull-tab device from a licensed organization is guilty of a felony.
55.22 Sec. 41. APPROPRIATION.
55.23(a) $72,000,000 from the general fund is annually appropriated to the stadium
55.24account created under Minnesota Statutes 2010, section 473.5995, for the payment of
55.25bonds authorized under this act. This appropriation shall be made for a term to be
55.26determined by the commissioner of management and budget, not to exceed the time
55.27necessary to complete payments on the bonds.
55.28(b) The commissioner of management and budget shall determine the annual
55.29funds available from all sources, including electronic bingo and pull-tabs, tax increment
55.30contributions from Ramsey County, and transportation funds, and shall be authorized to
55.31allow the authority to use all funds made available under paragraph (a) for any of the
55.32stated purposes of this act.
55.33(c) Any residual funds appropriated under paragraph (a) that are not, in the estimation
55.34of the commissioner, needed for the purposes of paragraph (b), shall be transferred
55.35annually to the commissioner of revenue. The commissioner of revenue shall establish a
56.1rebate program, which shall return the funds available under this paragraph to licensed
56.2lawful gambling organizations, according to the relative amount of taxes paid in the last
56.3prior calendar year by each organization licensed under Minnesota Statutes, chapter 349.
56.6 Section 1. Minnesota Statutes 2010, section 297A.992, is amended by adding a
56.7subdivision to read:
56.8 Subd. 5a. Temporary allocations. (a) Notwithstanding the provisions of this
56.9section except subdivision 6a, clause (1), of the revenue collected under this section, the
56.10joint powers board shall:
56.11(1) allocate to the Metropolitan Council, in fiscal year 2012, an amount not less
56.12than 75 percent of the net cost of operations for those transit ways that were receiving
56.13metropolitan sales tax funds through an operating grant agreement on June 30, 2011; and
56.14(2) allocate to the commissioner of management and budget all available funds,
56.15annually until the total amount allocated equals $101,000,000, or until the commissioner
56.16determines that sufficient funds have been transferred to cover the debt service obligations
56.17of the state, in the event that appropriations bonds are sold by the state in the amount of
56.18$101,000,000.
56.19(b) The Metropolitan Council shall expend any funds allocated to it under paragraph
56.20(a) for the operations of the specified transit ways solely within those counties that are in
56.21the metropolitan transportation area.
56.22(c) Nothing in paragraph (a) or (b) prevents grant awards to the Metropolitan
56.23Council for capital and operating assistance for transit ways and park-and-ride facilities
56.24subsequent to the required allocations under paragraph (a).
56.25(d) The commissioner of management and budget shall deposit the funds allocated
56.26under paragraph (a) into the stadium account created under Minnesota Statutes 2010,
56.27section 473.5995.
56.28EFFECTIVE DATE.This section is effective the day following final enactment.
1.3pull-tabs and bingo; authorizing the sale and issuance of state appropriation
1.4bonds; funding public infrastructure improvements; appropriating money;
1.5amending Minnesota Statutes 2010, sections 3.971, subdivision 6; 3.9741, by
1.6adding a subdivision; 13.55, subdivision 1; 297A.71, by adding a subdivision;
1.7297A.992, by adding a subdivision; 349.12, subdivisions 3b, 3c, 5, 6a, 12a, 18,
1.825b, 25c, 25d, 29, 31, 32, by adding subdivisions; 349.13; 349.151, subdivisions
1.94b, 4c, by adding a subdivision; 349.161, subdivisions 1, 5; 349.162, subdivision
1.105; 349.163, subdivisions 1, 5, 6; 349.1635, subdivisions 2, 3, by adding a
1.11subdivision; 349.17, subdivisions 6, 7, 8, by adding a subdivision; 349.1721;
1.12349.18, subdivision 1; 349.19, subdivisions 2, 3, 5, 10; 349.211, subdivision
1.131a; 349.2127, subdivision 2; 352.01, subdivision 2a; 473.121, subdivision 5a;
1.14473.164; 473.565, subdivision 1; Minnesota Statutes 2011 Supplement, sections
1.1510A.01, subdivision 35; 340A.404, subdivision 1; proposing coding for new law
1.16in Minnesota Statutes, chapter 383A; proposing coding for new law as Minnesota
1.17Statutes, chapter 473J; repealing Minnesota Statutes 2010, sections 137.50,
1.18subdivision 5; 473.551; 473.552; 473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9,
1.1910, 11, 12, 13; 473.556, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16,
1.2017; 473.561; 473.564, subdivisions 2, 3; 473.572; 473.581; 473.592, subdivision
1.211; 473.595; 473.5955; 473.596; 473.598; 473.599; 473.5995; 473.76.
1.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25 Section 1. Minnesota Statutes 2010, section 3.971, subdivision 6, is amended to read:
1.26 Subd. 6. Financial audits. The legislative auditor shall audit the financial
1.27statements of the state of Minnesota required by section
1.28shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
1.29agencies, departments, boards, commissions, courts, and other state organizations subject
1.30to audit by the legislative auditor, including the State Agricultural Society, Agricultural
2.1Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
2.2Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
2.3Metropolitan Sports Facilities Commission, Minnesota Stadium Authority, Metropolitan
2.4Airports Commission, and Metropolitan Mosquito Control District. Financial audits
2.5must be conducted according to generally accepted government auditing standards. The
2.6legislative auditor shall see that all provisions of law respecting the appropriate and
2.7economic use of public funds are complied with and may, as part of a financial audit or
2.8separately, investigate allegations of noncompliance.
2.9 Sec. 2. Minnesota Statutes 2010, section 3.9741, is amended by adding a subdivision
2.10to read:
2.11 Subd. 4. Minnesota Stadium Authority. Upon the audit of the financial accounts
2.12and affairs of the Minnesota Stadium Authority, the authority is liable to the state for the
2.13total cost and expenses of the audit, including the salaries paid to the examiners while
2.14actually engaged in making the examination. The legislative auditor may bill the authority
2.15either monthly or at the completion of the audit. All collections received for the audits
2.16must be deposited in the general fund.
2.17 Sec. 3. Minnesota Statutes 2011 Supplement, section 10A.01, subdivision 35, is
2.18amended to read:
2.19 Subd. 35. Public official. "Public official" means any:
2.20 (1) member of the legislature;
2.21 (2) individual employed by the legislature as secretary of the senate, legislative
2.22auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
2.23legislative analyst, or attorney in the Office of Senate Counsel and Research or House
2.24Research;
2.25 (3) constitutional officer in the executive branch and the officer's chief administrative
2.26deputy;
2.27 (4) solicitor general or deputy, assistant, or special assistant attorney general;
2.28 (5) commissioner, deputy commissioner, or assistant commissioner of any state
2.29department or agency as listed in section
2.30officer;
2.31 (6) member, chief administrative officer, or deputy chief administrative officer of a
2.32state board or commission that has either the power to adopt, amend, or repeal rules under
2.33chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
3.1 (7) individual employed in the executive branch who is authorized to adopt, amend,
3.2or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
3.3 (8) executive director of the State Board of Investment;
3.4 (9) deputy of any official listed in clauses (7) and (8);
3.5 (10) judge of the Workers' Compensation Court of Appeals;
3.6 (11) administrative law judge or compensation judge in the State Office of
3.7Administrative Hearings or unemployment law judge in the Department of Employment
3.8and Economic Development;
3.9 (12) member, regional administrator, division director, general counsel, or operations
3.10manager of the Metropolitan Council;
3.11 (13) member or chief administrator of a metropolitan agency;
3.12 (14) director of the Division of Alcohol and Gambling Enforcement in the
3.13Department of Public Safety;
3.14 (15) member or executive director of the Higher Education Facilities Authority;
3.15 (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
3.16 (17) member of the board of directors or executive director of the Minnesota State
3.17High School League;
3.18 (18) member of the Minnesota Ballpark Authority established in section
3.19 (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
3.20 (20) manager of a watershed district, or member of a watershed management
3.21organization as defined under section
3.22 (21) supervisor of a soil and water conservation district;
3.23(22) director of Explore Minnesota Tourism;
3.24 (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
3.25section 97A.056;
3.26(24) a citizen member of the Clean Water Council established in section
3.27(25) member or chief executive of the Minnesota Stadium Authority established
3.28in section 473J.05.
3.29 Sec. 4. Minnesota Statutes 2010, section 297A.71, is amended by adding a subdivision
3.30to read:
3.31 Subd. 43. Building materials, football stadium. Materials and supplies used
3.32or consumed in, and equipment incorporated into, the construction or improvement of
3.33the football stadium, and infrastructure as defined under section 473J.03, subdivision
3.3413, constructed pursuant to this act are exempt. This subdivision expires one year
3.35after the date that the first National Football League game is played in the stadium for
4.1materials, supplies, and equipment used in the stadium, and five years after the issuance
4.2of the first bonds under section 473J.19 for materials, supplies, and equipment used in
4.3the infrastructure.
4.4EFFECTIVE DATE.This section is effective for sales and purchases made after
4.5June 30, 2012.
4.6 Sec. 5. Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 1, is
4.7amended to read:
4.8 Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to
4.9the following establishments located within its jurisdiction:
4.10(1) hotels;
4.11(2) restaurants;
4.12(3) bowling centers;
4.13(4) clubs or congressionally chartered veterans organizations with the approval of
4.14the commissioner, provided that the organization has been in existence for at least three
4.15years and liquor sales will only be to members and bona fide guests, except that a club
4.16may permit the general public to participate in a wine tasting conducted at the club under
4.17section
4.18(5) sports facilities located on land owned or leased by the Minnesota Stadium
4.19Authority;
4.20
4.21Commission; and
4.22
4.23(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
4.24or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
4.25ordinance, or charter provision. A license issued under this paragraph authorizes sales on
4.26all days of the week to persons attending events at the theater.
4.27(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
4.28or an on-sale malt liquor license to a convention center within the city, notwithstanding
4.29any law, local ordinance, or charter provision. A license issued under this paragraph
4.30authorizes sales on all days of the week to persons attending events at the convention
4.31center. This paragraph does not apply to convention centers located in the seven-county
4.32metropolitan area.
4.33(d) A city may issue an on-sale wine license and an on-sale malt liquor license to
4.34a person who is the owner of a summer collegiate league baseball team, or to a person
4.35holding a concessions or management contract with the owner, for beverage sales at a
5.1ballpark or stadium located within the city for the purposes of summer collegiate league
5.2baseball games at the ballpark or stadium, notwithstanding any law, local ordinance, or
5.3charter provision. A license issued under this paragraph authorizes sales on all days of the
5.4week to persons attending baseball games at the ballpark or stadium.
5.5 Sec. 6. [473J.01] PURPOSE.
5.6The purpose of this chapter is to provide for the planning, construction, financing,
5.7and long-term use of a stadium as a venue for professional football and a broad range
5.8of community, civic, and sporting events. The legislature finds and declares that the
5.9expenditure of public money by the county and the state for this purpose is necessary
5.10and serves a public and important statewide purpose, and that property acquired by the
5.11county and/or the authority for the construction of the stadium and related infrastructure is
5.12acquired for a public use or public purpose under chapter 117. The legislature further finds
5.13and declares that any provision in a lease or use agreement with a professional football
5.14team that requires the team to play all of its home games in a publicly funded stadium,
5.15with exceptions as provided in section 473J.11, subdivision 5, for the duration of the
5.16lease or use agreement serves a unique public purpose for which the remedies of specific
5.17performance and injunctive relief are essential to its enforcement. The legislature further
5.18finds and declares that government assistance to facilitate the presence of professional
5.19football provides to the state of Minnesota and its citizens highly valued intangible
5.20benefits that are virtually impossible to quantify and, therefore, not recoverable even if
5.21the government receives monetary damages in the event of a team's breach of contract.
5.22Minnesota courts are, therefore, charged with protecting those benefits through the use
5.23of specific performance and injunctive relief as provided in this chapter and in the lease
5.24and use agreements.
5.25 Sec. 7. [473J.03] DEFINITIONS.
5.26 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
5.27this section have the meanings given them, except as otherwise expressly provided or
5.28indicated by the context.
5.29 Subd. 2. Authority. "Authority" means the Minnesota Stadium Authority
5.30established under section 473J.05.
5.31 Subd. 3. City. "City" means the city of Arden Hills.
5.32 Subd. 4. County. "County" means Ramsey County.
6.1 Subd. 5. County agreement. "County agreement" means the definitive agreement
6.2or agreements to be entered into between the county and the team which shall be consistent
6.3with the principles of agreement.
6.4 Subd. 6. Development area. "Development area" means the Twin Cities Army
6.5Ammunitions Plant site in Arden Hills as further described in the county agreement.
6.6 Subd. 7. Infrastructure costs. "Infrastructure costs" means the costs of all property,
6.7facilities, and improvements determined by the authority as necessary or desirable to
6.8facilitate the development and use of the stadium, including but not limited to property and
6.9improvements for drainage, environmental remediation, parking, on-site roadways and
6.10public rights-of-way, walkways, skyways, pedestrian bridges, bicycle paths, and transit
6.11improvements to facilitate public access to the stadium, lighting, landscaping, utilities,
6.12streets, and streetscapes. Infrastructure costs do not include off-site public infrastructure
6.13improvements.
6.14 Subd. 8. Land acquisition costs. "Land acquisition costs" means the costs of
6.15acquiring the land for the project.
6.16 Subd. 9. NFL. The NFL is the National Football League.
6.17 Subd. 10. Principles of agreement. "Principles of agreement" means the Ramsey
6.18County/Minnesota Vikings Principles of Agreement for the development of a new
6.19multipurpose stadium, dated May 10, 2011.
6.20 Subd. 11. Stadium. "Stadium" means the stadium suitable for professional football
6.21to be designed, constructed, and financed under this chapter. The stadium must have a
6.22fixed roof that covers the stadium.
6.23 Subd. 12. Stadium costs. "Stadium costs" means the costs of designing,
6.24constructing, and equipping a stadium suitable for professional football and for other
6.25civic and community uses.
6.26 Subd. 13. Stadium project. "Stadium project" means the stadium and
6.27accompanying on-site infrastructure costs. It does not include ancillary private real estate
6.28development.
6.29 Subd. 14. Streetscape. "Streetscape" means improvements to streets and sidewalks
6.30or other public rights-of-way for the purpose of enhancing the movement, safety,
6.31convenience, or enjoyment of stadium patrons and other pedestrians, including decorative
6.32lighting and surfaces, plantings, display and exhibit space, adornments, seating, and
6.33transit and bus shelters.
6.34 Subd. 15. Team. "Team" means the owner of the professional football team known,
6.35as of the effective date of this chapter, as the Minnesota Vikings or any owner who
7.1purchases or otherwise takes ownership or control of or reconstitutes the professional
7.2football team known as the Minnesota Vikings.
7.3 Subd. 16. Watershed district. "Watershed district" means the Rice Creek
7.4Watershed District.
7.5 Subd. 17. Off-site public infrastructure. "Off-site public infrastructure" means
7.6road, sewer, water, or other public improvements of a capital nature that are necessary
7.7to provide public access to the stadium and that are not included in infrastructure as
7.8defined in subdivision 7.
7.9 Sec. 8. [473J.05] MINNESOTA STADIUM AUTHORITY.
7.10 Subdivision 1. Establishment and purpose. The authority is established as a
7.11public body, corporate and politic, and political subdivision of the state. In addition to
7.12those powers and duties ascribed the authority herein, the authority shall ensure athletic,
7.13educational, cultural, commercial and other entertainment, instruction, and activity for
7.14the citizens of Minnesota and visitors. The authority is not a joint powers entity or an
7.15agency or instrumentality of the county.
7.16 Subd. 2. Membership; terms. (a) The authority shall consist of five members.
7.17(b) The chair and two members shall be appointed by the governor. One member
7.18appointed by the governor shall serve until December 31 of the third year following
7.19appointment and the other shall serve until December 31 of the sixth year following
7.20appointment. Thereafter, members appointed by the governor shall serve six-year terms,
7.21beginning January 1. The chair serves at the pleasure of the governor. All members
7.22appointed by the governor must reside outside the county.
7.23(c) The governing board of the county shall appoint two members to the authority.
7.24One member appointed by the county shall serve until December 31 of the third year
7.25following appointment and one member shall serve until December 31 of the sixth year
7.26following appointment. Thereafter, members appointed by the county shall serve six-year
7.27terms, beginning January 1. Members appointed under this paragraph may reside within
7.28or outside the county. One member appointed by the county may be from Arden Hills.
7.29(d) Each member appointed under this subdivision serves until a successor is
7.30appointed and takes office. A member must not be an appointed or elected official of any
7.31political subdivision. If a vacancy occurs as provided in section 351.02, it shall be filled by
7.32the appointing authority in the same manner in which the original appointment was made.
7.33 Subd. 3. Compensation. The authority may compensate its members, other than the
7.34chair, as provided in section 15.0575. The chair shall receive, unless otherwise provided
8.1by other law, a salary in an amount fixed by the authority and shall be reimbursed for
8.2reasonable expenses to the same extent as a member.
8.3 Subd. 4. Chair; other officers. The chair presides at all meetings of the authority, if
8.4present, and performs all other assigned duties and functions. The authority may appoint
8.5from among its members a vice-chair to act for the chair during the temporary absence
8.6or disability of the chair and any other officers the authority determines are necessary
8.7or convenient.
8.8 Subd. 5. Bylaws. The authority shall adopt bylaws to establish rules of procedure,
8.9the powers and duties of its officers, and other matters relating to the governance of the
8.10authority and the exercise of its powers.
8.11 Subd. 6. Audit. The legislative auditor shall audit the books and accounts of the
8.12authority once each year or as often as the legislative auditor's funds and personnel permit.
8.13The authority shall pay the total cost of the audit pursuant to section 3.9741.
8.14 Subd. 7. Executive director; employees. The authority may appoint an executive
8.15director to serve as the chief executive officer of the authority. The executive director
8.16serves at the pleasure of the authority and receives compensation as determined by it.
8.17The executive director is responsible for the operation, management, and promotion of
8.18activities of the authority, as prescribed by the authority. The executive director has the
8.19powers necessarily incident to the performance of duties required and powers granted by
8.20the authority, but does not have authority to incur liability or make expenditures on behalf
8.21of the authority without general or specific directions by the authority, as shown by the
8.22bylaws or minutes of a meeting of the authority. The executive director is responsible for
8.23hiring, supervision, and dismissal of all other employees of the authority.
8.24 Subd. 8. Web site. The authority shall establish a Web site for purposes of
8.25providing information to the public concerning all actions taken by the authority. At a
8.26minimum, the Web site must contain a current version of the authority's bylaws, notices
8.27of upcoming meetings, minutes of the authority's meetings, and contact telephone and
8.28facsimile numbers for public comments.
8.29 Subd. 9. Accounts of the authority. The authority shall establish accounts to
8.30receive and expend money for planning, construction, operations, maintenance, and
8.31capital expenditures.
8.32 Sec. 9. [473J.07] POWERS, DUTIES OF THE AUTHORITY.
8.33 Subdivision 1. Actions. The authority may sue and be sued. The stadium and
8.34infrastructure are public improvements within the meaning of chapter 562. The authority
8.35is a municipality within the meaning of chapter 466.
9.1 Subd. 2. Acquisition of property. The authority may acquire from any public or
9.2private entity by lease, purchase, gift, or devise all necessary right, title, and interest in
9.3and to real property, air rights, and personal property deemed necessary to the purposes
9.4contemplated by this chapter.
9.5 Subd. 3. Disposition of property. The authority may sell, lease, transfer, or
9.6otherwise dispose of any real or personal property acquired by the authority that is no
9.7longer required for accomplishment of the authority's purposes. The property may be sold
9.8in accordance with the procedures provided by section
9.9and 7, to the extent the authority deems it to be practical and consistent with this chapter.
9.10Title to the stadium must not be transferred or sold prior to the effective date of enactment
9.11of any legislation approving such transfer or sale.
9.12 Subd. 4. Data practices; open meetings. Except as otherwise provided in this
9.13chapter, the authority is subject to chapters 13 and 13D.
9.14 Subd. 5. Employees; contracts for services. The authority may employ persons
9.15and contract for services necessary to carry out its functions, including the utilization of
9.16employees and consultants retained by other governmental entities.
9.17 Subd. 6. Gifts, grants. The authority may accept monetary contributions, property,
9.18services, and grants or loans of money or other property from the United States, the state,
9.19any subdivision of the state, any agency of those entities, or any person for any of its
9.20purposes, and may enter into any agreement required in connection with the gifts, grants,
9.21or loans. The authority shall hold, use, and dispose of the money, property, or services
9.22according to the terms of the monetary contributions, grant, loan, or agreement.
9.23 Subd. 7. Research. The authority may conduct research studies and programs;
9.24collect and analyze data; prepare reports, maps, charts, and tables; and conduct all
9.25necessary hearings and investigations in connection with its functions.
9.26 Subd. 8. Insurance. The authority may require any employee to obtain and file
9.27with the authority an individual bond or fidelity insurance policy. The authority may
9.28procure insurance in the amounts the authority considers necessary against liability of the
9.29authority and its officers and employees for personal injury or death and property damage
9.30or destruction, consistent with chapter 466, and against risks of damage to or destruction
9.31of any of its facilities, equipment, or other property.
9.32 Subd. 9. Metropolitan Council review. The acquisition and betterment of a
9.33stadium and the construction of the accompanying infrastructure, as provided herein, must
9.34be conducted pursuant to this chapter and are subject to sections
10.1 Subd. 10. Business Subsidy Act exemption. Section
10.2any transactions of the authority or other governmental entity related to the stadium or
10.3infrastructure or to any tenant or other users of the stadium or infrastructure.
10.4 Subd. 11. Incidental powers. In addition to the powers expressly granted in this
10.5chapter, the authority has all powers necessary or incidental thereto.
10.6 Subd. 12. Authority review. All agreements between the county and the team must
10.7be public and are subject to review, amendment, and approval by the authority.
10.8 Sec. 10. [473J.09] STADIUM OPERATIONS.
10.9 Subdivision 1. Stadium operation. The authority may own, develop, construct,
10.10equip, improve, operate, manage, maintain, and control the stadium, parking facilities, and
10.11related facilities constructed or acquired under this chapter. The stadium shall be operated
10.12in a first-class manner, similar to and consistent with that of other comparable NFL
10.13stadiums. The authority and team will jointly select an experienced management company
10.14or individual to manage the stadium on behalf of the authority and the team. Terms of a
10.15management contract may be negotiated between the team and authority, but must include:
10.16(1) a provision granting the team operational control of matters related to NFL
10.17games;
10.18(2) a provision granting operational control of matters related to non-NFL events to
10.19the authority;
10.20(3) a provision requiring mutual agreement on selection of vendors; and
10.21(4) a provision requiring mutual agreement on all other provisions.
10.22 Subd. 2. Use agreements. The authority may lease, license, or enter into use
10.23agreements and may fix, alter, charge, and collect rentals, fees, and charges for the use,
10.24occupation, and availability of part or all of any premises, property, or facilities under its
10.25ownership, operation, or control with the team and for purposes that will provide athletic,
10.26educational, cultural, commercial, or other entertainment, instruction, or activity for the
10.27citizens of Minnesota and visitors. The lease or use agreement may provide that the other
10.28contracting party has exclusive use of the premises at the times agreed upon, as well as
10.29the right to retain some or all revenues from ticket sales, suite licenses, concessions,
10.30advertising, naming rights, and other revenues derived from the stadium. The lease or
10.31use agreement with a team must provide for the payment by the team of an agreed-upon
10.32portion of operating and maintenance costs and expenses and provide other terms in
10.33which the authority and team agree. In no case may a lease or use agreement permit
10.34smoking in the stadium.
11.1 Subd. 3. Operating expenses. The authority must provide in the lease or use
11.2agreements with the team that the team pay for operating costs of the stadium except for
11.3costs associated with non-NFL events, which shall be paid by the authority. A lease or use
11.4agreement may include provisions for the payment of operating expenses and for a capital
11.5reserve. The authority shall agree to provide in the lease or use agreement for the team
11.6to receive all game-day revenues and suite revenues. The agreement shall provide that
11.7naming rights to the stadium are retained by the team, subject to the approval of the name
11.8or names by the authority. The agreement shall provide for the authority to receive all
11.9general ticket revenues from nonprofessional football games or events. The county shall
11.10pay the authority $1,500,000 annually for operating expenses, beginning January 1, 2013,
11.11and this amount shall grow by an agreed-upon annual inflation rate thereafter.
11.12 Subd. 4. Public access. The authority will work to maximize access for public and
11.13amateur sports, community, and civic events and other public events in type and on terms
11.14consistent with those currently held at the Hubert H. Humphrey Metrodome, as defined
11.15in section 473.551, subdivision 9. The authority may provide that these events have
11.16exclusive use of the premises at agreed-upon times.
11.17 Subd. 5. Municipal services. The team shall be responsible for any and all costs
11.18incurred for municipal services, including but not limited to police and security, traffic
11.19control, fire prevention, emergency medical, street cleaning and trash removal, and other
11.20similar services provided for events held by the team. The city and county shall consult
11.21with the team and authority to determine appropriate public and private staffing levels for
11.22police and security, traffic control, fire prevention, emergency medical, street cleaning
11.23and trash removal, and other similar services based upon anticipated attendance for NFL
11.24games and any other events held at the stadium. If the city or county determines that a
11.25public safety issue exists with respect to a particular NFL game or event, the city and
11.26county shall have the right to determine and impose the staffing level for such event.
11.27Sponsors of civic, noncommercial events and uses shall be responsible for any and all
11.28incremental costs incurred for municipal services provided for its event.
11.29 Sec. 11. [473J.11] LEASE OR USE AGREEMENT; CONDITIONS AND
11.30CRITERIA.
11.31 Subdivision 1. Scope. The lease or use agreement or other transaction documents
11.32between the authority and the team shall include the criteria and conditions contained
11.33in this section.
11.34 Subd. 2. Term. The team will enter into a stadium lease or use agreement with the
11.35county or authority for a term of 30 years, with team options to extend the term.
12.1 Subd. 3. Capital improvements. (a) The authority shall be responsible for making,
12.2or for causing others to make, all capital repairs, replacements, and improvements for the
12.3stadium and parking facilities. The authority shall maintain or cause others to maintain
12.4the stadium and parking facilities in a safe, clean, attractive, and first class manner so
12.5as to cause them to remain in a condition comparable to that of other NFL facilities of
12.6similar design and age, ordinary wear and tear excepted. The authority shall maintain, or
12.7cause others to maintain, the stadium and parking facilities in a manner that is consistent
12.8with all applicable requirements imposed by the NFL, and with the original design and
12.9construction program of the stadium and parking facilities. The authority shall make, or
12.10cause others to make, all necessary or appropriate repairs, renewals, and replacements,
12.11whether structural or nonstructural, interior or exterior, ordinary or extraordinary, foreseen
12.12or unforeseen, in a prompt and timely manner.
12.13(b) The county must contribute $1,000,000 and the team must contribute $2,000,000
12.14annually for the term of lease to the reserve fund. The team and county contributions are
12.15subject to an annual growth of three percent, or to an inflationary index, as determined
12.16by the authority; however, the amount of any increase in the county's contribution shall
12.17not exceed the annual amount of the increase in sales tax net proceeds collected in the
12.18county in each year. The county shall have no responsibility for any capital repairs,
12.19replacements, or improvements to the stadium and parking facilities beyond the annual
12.20contribution described herein.
12.21(c) The team shall pay for any required capital repairs, replacements, and
12.22improvements in excess of the amounts available in the reserve fund. The reserve fund
12.23shall be used to fund all activities described in this paragraph but shall not be used to
12.24remedy design or specification deficiencies.
12.25(d) The team and authority shall develop both a short-term and long-term capital
12.26funding plan, and shall use that plan to guide all future capital needs of the stadium project.
12.27 Subd. 4. In-lieu rent; game day payments. The team is responsible for operating
12.28expenses of the stadium and parking facilities in-lieu of rent. Non-NFL event expenses
12.29must be paid by the authority. The team shall pay all game-day expenses and shall pay for
12.30all required municipal services.
12.31 Subd. 5. No escape. The team shall play all regularly scheduled home games,
12.32including preseason and regular season, at the stadium for 30 years. The team shall
12.33not enter into a contractual arrangement with a public or private entity, other than the
12.34authority, to play any home games at a stadium location other than the stadium. However,
12.35the team shall have the ability to play occasional league mandated home games at a
12.36facility other than the stadium, or not more than one permitted specialty home game per
13.1year at a facility other than the stadium. The lease or use agreement must include terms
13.2for default, termination, and breach of the agreement. Recognizing that the presence of
13.3professional football provides to the state of Minnesota and its citizens highly valued,
13.4intangible benefits that are virtually impossible to quantify and, therefore, not recoverable
13.5in the event of a team owner's breach of contract, the lease and use agreements must
13.6provide for specific performance and injunctive relief to enforce provisions relating to use
13.7of the stadium for professional football and must not include escape clauses or buyout
13.8provisions. The team must not enter into or accept any agreement or requirement with or
13.9from the NFL or any other entity that is not consistent with the team's binding commitment
13.10to the 30-year term of the lease or use agreement or that would in any manner dilute,
13.11interfere with, or negate the provisions of the lease or use agreement. The legislature
13.12conclusively determines, as a matter of public policy, that the lease or use agreement under
13.13this chapter that includes a specific performance clause:
13.14(1) explicitly authorize specific performance as a remedy for breach;
13.15(2) are made for adequate consideration and upon terms which are otherwise fair
13.16and reasonable;
13.17(3) have not been included through sharp practice, misrepresentation, or mistake;
13.18(4) if specifically enforced, do not cause unreasonable or disproportionate hardship
13.19or loss to the team or to third parties; and
13.20(5) involve performance in a manner and the rendering of services of a nature and
13.21under circumstances that the beneficiary cannot be adequately compensated in damages.
13.22 Subd. 6. Public share if team is sold. The lease or use agreement must provide that,
13.23if the team is sold or an interest in the team is sold after the effective date of this chapter,
13.24a portion of the sale price must be paid to the authority and deposited in a reserve fund
13.25for improvements to the stadium or expended as the authority may otherwise direct. The
13.26portion required to be so paid to the authority is at least 18 percent of the gross sale price,
13.27declining to zero 15 years after commencement of stadium construction in increments
13.28of 1.2 percent each year. The agreement must provide exceptions for sales to members
13.29of the owner's family and entities and trusts beneficially owned by family members,
13.30sales to employees of equity interests aggregating up to ten percent, and sales related to
13.31capital infusions not distributed to the owners.
13.32 Subd. 7. Authority's access to team financial information. The lease or use
13.33agreement or other transaction documents shall provide the authority access to annual
13.34audited financial statements of the team and other financial books and records that the
13.35authority deems necessary to determine compliance by the team with this act, and to
13.36enforce the terms of any lease, license, or other transaction documents entered into under
14.1this act. Any financial information obtained by the authority under this subdivision is
14.2nonpublic data under section 13.02, subdivision 9. This provision requires disclosure prior
14.3to initial agreement and annually thereafter.
14.4 Subd. 8. Affordable NFL game tickets. The lease, license, or other transaction
14.5documents shall provide for an agreed-upon number of affordable tickets.
14.6 Subd. 9. LEED certification. The authority shall make best efforts to ensure
14.7that the stadium receives Leadership in Energy and Environmental Design ("LEED")
14.8certification for environmental design.
14.9 Subd. 10. Cooperation with financing. The county and authority will cooperate
14.10with the team to facilitate the financing of the team's contribution. Such agreement
14.11to cooperate shall not require the county or authority to incur any additional costs or
14.12provide conduit financing. The lease, license, or other transaction documents shall include
14.13provisions customarily required by lenders in stadium financings.
14.14 Sec. 12. [473J.13] ADDITIONAL CONSIDERATIONS, CONDITIONS, AND
14.15CRITERIA.
14.16 Subdivision 1. Corporate headquarters. If the team elects to construct a new
14.17corporate headquarters or training complex, such development shall occur in the county.
14.18The team shall not make a significant investment that effectively constitutes a new
14.19corporate headquarters or training facility at the existing Winter Park facility, excluding
14.20maintenance, ordinary or necessary repairs, and substantial repair or replacement.
14.21 Subd. 2. Special taxes and fees. The county, city, or watershed will not impose any
14.22special taxes, fees, or other surcharges specific to the stadium, team, or team personnel,
14.23such as sales, admissions, parking, or other taxes. The county and state bonds will not
14.24be secured by the stadium or its revenues.
14.25 Subd. 3. Contracts. (a) A stadium design and construction group (SDCG) shall
14.26be established and shall be responsible for design and construction of the stadium. The
14.27authority, team, and county shall each appoint one member to the SDCG.
14.28(b) The SDCG shall enter into an agreement with the authority, team, county,
14.29or any other entity relating to the construction, financing, and use of the stadium and
14.30related facilities and infrastructure. The SDCG may contract for materials, supplies, and
14.31equipment in accordance with sections 473.345, 473.754, and 473J.07, except that the
14.32SDCG may employ or contract with persons, firms, or corporations to perform one or
14.33more or all of the functions of architect, engineer, or construction manager with respect
14.34to all or any part of the stadium and infrastructure. The construction manager appointed
14.35by the SDCG may enter into contracts with contractors for labor, materials, supplies,
15.1and equipment for the construction of the stadium and related infrastructure through the
15.2process of public bidding, except that the construction manager may, with the consent
15.3of the SDCG:
15.4(1) narrow the listing of eligible bidders to those which the construction manager
15.5determines to possess sufficient expertise to perform the intended functions;
15.6(2) award contracts to the contractors that the construction manager determines
15.7provide the best value, which are not required to be the lowest responsible bidder; and
15.8(3) for work the construction manager determines to be critical to the completion
15.9schedule, award contracts on the basis of competitive proposals or perform work with
15.10its own forces without soliciting competitive bids if the construction manager provides
15.11evidence of competitive pricing.
15.12 (c) The SDCG shall require that the construction manager certify, before the contract
15.13is signed, a fixed and stipulated construction price and completion date to the authority
15.14and post a performance bond in an amount at least equal to 100 percent of the certified
15.15price, to cover any costs which may be incurred in excess of the certified price, including
15.16but not limited to costs incurred by the authority or loss of revenues resulting from
15.17incomplete construction on the completion date. The SDCG may secure surety bonds as
15.18provided in section 574.26, securing payment of just claims in connection with all public
15.19work undertaken by it. Persons entitled to the protection of the bonds may enforce them as
15.20provided in sections 574.28 to 574.32, and shall not be entitled to a lien on any property of
15.21the authority under the provisions of sections 514.01 to 514.16. Contracts for construction
15.22and operation of the stadium must include programs to provide for participation by small
15.23local businesses and businesses owned by people of color, and the inclusion of women and
15.24people of color in the workforces of contractors and stadium operators. The construction
15.25of the stadium is a "project" as that term is defined in section 177.42, subdivision 2, and is
15.26subject to the prevailing wage law under sections 177.41 to 177.43.
15.27 Subd. 4. Hiring and recruitment. The SDCG shall make every effort to employ
15.28women and members of minority communities when hiring. The SDCG shall make good
15.29faith efforts to engage qualified women, minority-owned, and small business enterprise
15.30contractors.
15.31 Subd. 5. Other required agreements. The team shall give food, beverage, retail,
15.32and concession workers presently employed by the team or its vendors at the Hubert
15.33H. Humphrey Metrodome the opportunity to continue their employment in comparable
15.34positions at the new stadium. Workers who are presently represented under a collective
15.35bargaining agreement may seek to continue such representation in the facility and
15.36designate such, or another collective bargaining unit, as their representative.
16.1 Subd. 6. Team-related entities. Subject to the prior approval of the SDCG, any
16.2of the obligations set forth herein that are related to stadium design, development,
16.3construction, operation, or management by the team may be performed by the team or a
16.4related entity, and the team or any entity related to the team may receive any revenues to
16.5which the team is entitled hereunder; provided, however, the team shall remain liable if
16.6any obligations are assigned to a related entity.
16.7 Subd. 7. Changes. Except as provided for in contracts approved by the SDCG, if
16.8any party requests a change in minimum design standards, and this change is responsible
16.9for requiring the project to exceed the stated budget, the requesting party is liable for
16.10any cost overruns or associated liabilities.
16.11 Sec. 13. [473J.15] CRITERIA AND CONDITIONS.
16.12 Subdivision 1. Binding and enforceable. In developing the stadium and entering
16.13into related contracts, the authority, and all bids submitted, must follow and enforce the
16.14criteria and conditions in this section, provided that a determination by the authority that
16.15those criteria or conditions have been met under any county agreement or otherwise
16.16shall be conclusive.
16.17 Subd. 2. Stadium location. The stadium will be located at the development area.
16.18The stadium is expected to be open and operational no later than June 2016.
16.19 Subd. 3. Stadium owner. The stadium will be owned by the stadium authority and
16.20the team will enter into a long-term lease or license agreement with the authority. The
16.21terms of the lease, license, or other transaction documents are discussed in this chapter.
16.22 Subd. 4. Stadium design. The roofed stadium shall be designed and constructed
16.23incorporating the following general program and design elements:
16.24(a) The stadium shall comprise approximately 1,600,000 square feet with
16.25approximately 65,000 seats, expandable to 72,000. The stadium shall meet or exceed NFL
16.26program requirements, and include approximately 150 suites and approximately 7,500
16.27club seats.
16.28(b) Space for team-related exhibitions and sales, which shall include the following:
16.29team museum and Hall of Fame, retail merchandise and gift shop retail venue, and themed
16.30concessions and restaurants.
16.31(c) Space for administrative offices of the authority.
16.32(d) Parking for approximately 21,000 cars and trucks including tailgate parking and
16.33premium parking area with a separate entrance/exit.
16.34(e) Elements sufficient to provide community and civic uses as determined by the
16.35authority.
17.1 Subd. 5. Stadium development. The design, development, and construction of the
17.2stadium shall be a collaborative process between the authority, county, and team. The
17.3authority, county, and team shall establish a process to reach consensus on key elements of
17.4the stadium program and design, development, and construction.
17.5 Subd. 6. Necessary approvals. The authority and the team must jointly seek
17.6and shall secure any necessary approvals to the terms of the lease and the design and
17.7construction plans for the stadium, including prior approval of the NFL.
17.8 Sec. 14. [473J.17] SITE ACQUISITION AND REMEDIATION.
17.9 Subdivision 1. Site acquisition. The county will acquire the development area from
17.10the United States Army by the county on terms acceptable to the county, authority, and
17.11team. The county shall transfer to the authority the land necessary for the stadium project
17.12for no consideration. The team, or a related entity, will immediately thereafter acquire
17.13from the county the portion of land not required for the footprint of the stadium and
17.14stadium-related access, open green space, and parking spaces, such portion, "private
17.15land," and shall become the owner of the private land. The county is authorized to buy
17.16property from the Army and sell a portion directly to the team at the county's acquisition
17.17price per acre, notwithstanding any law, ordinance, or charter provision to the contrary.
17.18The team shall retain development rights for at least eight years following the opening of
17.19the stadium. If the team has not commenced development of the private land or provided
17.20the county with a reasonably acceptable plan to develop the private land within eight years
17.21after the opening of the stadium, the county shall have the option, but shall not be required,
17.22to purchase the private land from the team at the original price plus one dollar.
17.23 Subd. 2. Site remediation. As a condition of the purchase agreement for the
17.24development area, the United States Army must remediate the environmental conditions
17.25of the entire development area to a commercial industrial standard to the satisfaction of
17.26the county, the authority, and the state of Minnesota. If the proposed development of
17.27the private land requires a higher standard of remediation, the team shall pay the costs
17.28associated with such remediation. The purchase and other agreements regarding the
17.29development shall provide for the indemnification, protection, defense, and an undertaking
17.30to hold harmless the county, the authority, and the state and their officers, employees, and
17.31agents from liabilities, damages, losses, settlements, arbitration awards, expenses, costs,
17.32penalties, remediation or cleanup obligations, and reasonable attorney fees and costs at
17.33both the trial and appellate levels, that arise from or relate to the environmental condition
17.34or remediation of the development area, including but not limited to any remediation
18.1obligations or environmental conditions not disclosed or known at the time the site was
18.2purchased by the county.
18.3 Subd. 3. Cost allocation. The costs to acquire the development area and costs of
18.4the environmental remediation will be allocated between the county and the team based
18.5on the number of acres owned by each after the private land is sold to the team or its
18.6affiliates. The county shall acquire from the United States Army approximately 430
18.7acres for the overall project. The team shall acquire approximately 170 acres from the
18.8county immediately after the county has closed on its purchase transaction with the United
18.9States Army. A mechanism will be provided in the county agreement that will allow
18.10for public access between the stadium site and private land. A mechanism will also be
18.11included in the county agreement to provide the team with flexibility in determining
18.12the final composition of the private land for purposes of locating the stadium land and
18.13development in the future, to be mutually agreed upon by the county and team and other
18.14key stakeholders, as appropriate. The authority shall determine the site of the stadium
18.15after consultation with the team and the county.
18.16 Sec. 15. [473J.19] COUNTY ACTIVITIES.
18.17 Subdivision 1. Stadium grants and payments. The county may authorize, by
18.18resolution, and make one or more grants or payments to the authority for stadium
18.19development and construction, infrastructure, reserves for capital improvements, operating
18.20cost payments, and other purposes related to the stadium on the terms and conditions
18.21agreed to by the county and the authority.
18.22 Subd. 2. Property acquisition and disposition. The county may acquire land, air
18.23rights, and other property interests within the development area for the stadium site and
18.24infrastructure by purchase or gift and convey it to the authority without consideration,
18.25prepare a site for development as a stadium, and acquire and construct any related
18.26infrastructure. To the extent property parcels or interests acquired are more extensive than
18.27the infrastructure requirements, the county may sell or otherwise dispose of the excess.
18.28The proceeds from sales of excess property must be used to reduce county and state
18.29contributions as specified in this act, on a pro rata basis.
18.30 Subd. 3. Grant agreement. The governing body of the county may delegate
18.31responsibility for implementing the terms of an approved grant agreement to a designated
18.32officer. The county may enforce the provisions of any grant agreement by specific
18.33performance. Except to require compliance with the conditions of the grant or as may be
18.34mutually agreed to by the county and the authority, the county and state have no interest in
18.35or claim to any assets or revenues of the authority.
19.1 Subd. 4. Environmental review; planning and zoning. (a) The county is the
19.2responsible governmental unit for an environmental impact statement for the stadium
19.3and accompanying infrastructure prepared under section 116D.04, if an environmental
19.4impact statement is necessary. Notwithstanding section 116D.04, subdivision 2b, and
19.5implementing rules: (1) the environmental impact statement shall not be required to
19.6consider alternative stadium sites; and (2) the environmental impact statement must be
19.7determined to be adequate before commencing work on the foundation of the stadium,
19.8but the stadium and infrastructure may otherwise be started and all preliminary and final
19.9government decisions and actions may be made and taken, including but not limited to
19.10acquiring land; obtaining financing; granting permits or other land use approvals; entering
19.11into grant, lease, or use agreements; and preparing the site, including environmental
19.12remediation, and related infrastructure prior to a determination of the adequacy of the
19.13environmental impact statement.
19.14(b) In order to accomplish the objectives of this chapter within the required time
19.15frame, it is necessary to establish an alternative process for municipal land use and
19.16development review. It is hereby found and declared that the construction of a stadium
19.17within the development area is (1) consistent with the city's adopted comprehensive plan
19.18and the watershed district's water management plan, (2) is the preferred stadium location,
19.19and (3) is a permitted land use. This paragraph establishes a procedure for all land and
19.20water use and development reviews and approvals by the city and watershed district for
19.21the stadium and related infrastructure and supersedes all land use and development rules
19.22and restrictions and procedures imposed by other law, charter, or ordinance, including,
19.23without limitation, section 15.99 and chapters 103A to 103G. No later than 90 days after
19.24enactment, the city and county shall establish a stadium implementation committee with
19.25representation from the county, city, and watershed district to make recommendations on
19.26the design plans submitted for the stadium, infrastructure, and related improvements,
19.27including but not limited to street vacation, parking, roadways, walkways, skyways,
19.28pedestrian bridges, bicycle paths, transit improvements to facilitate public street access
19.29to the stadium and integration into the transportation plan for the municipality and the
19.30region, lighting, landscaping, utilities, streets, water management, drainage, environmental
19.31remediation, and land acquired and prepared for private redevelopment in a manner
19.32related to the use of the stadium. The implementation committee must take action to issue
19.33its recommendations within the time frames established in the planning and construction
19.34timetable issued by the city and watershed district which shall provide for no less than 60
19.35days for the committee's review. The recommendations of the implementation committee
19.36shall be forwarded to the city's planning commission for an advisory recommendation
20.1and then to the city council for final action in a single resolution, which final action must
20.2be taken within 45 days of the submission after the recommendations to the planning
20.3commission. The watershed district must act within 60 days of the implementation
20.4committee's recommendation. The city council and watershed district shall not impose any
20.5unnecessary or unreasonable conditions on the recommendations of the implementation
20.6committee, nor take any action or impose any conditions that will result in delay from the
20.7time frames established in the planning and construction timetable or in additional overall
20.8costs. Failure of the city council and watershed district to act within the 60-day period is
20.9deemed to be approval by that entity of the implementation committee's recommendations.
20.10The district court or any appellate court shall expedite review of any case brought relating
20.11to the stadium to the maximum extent possible and timely issue relief, orders, or opinions
20.12as necessary to give effect to the provisions and objectives in this chapter.
20.13 Subd. 5. County expenditure. The county may make expenditures or grants for
20.14other costs incidental and necessary to further the purposes of this chapter and may, by
20.15agreement, reimburse in whole or in part any entity that has granted, loaned, or advanced
20.16funds to the county to further the purposes of this chapter. Notwithstanding any law,
20.17ordinance, or charter provision to the contrary, exercise by the county of its powers under
20.18this section does not affect the amounts that the county may otherwise spend, borrow,
20.19tax, or receive.
20.20 Subd. 6. County authority. The legislature intends that, except as expressly limited
20.21herein, the county may acquire and develop a site for the stadium and infrastructure,
20.22to enter into contracts with the authority and other governmental or nongovernmental
20.23entities, to appropriate funds, and to make employees, consultants, and other revenues
20.24available for those purposes.
20.25 Sec. 16. [473J.21] SOURCES AND USES OF FUNDS.
20.26 Subdivision 1. Funding sources. This subdivision summarizes the key components
20.27of the funding sources for the project. The parties shall work together and cooperate in
20.28good faith to identify additional funding sources.
20.29(a) The team contribution shall be at least $425,000,000, net of financing costs. This
20.30amount shall be paid within one year of the effective date of this act and held in escrow.
20.31The team shall provide a plan to finance its share of the cost allocations set out in the
20.32county/team agreement to the authority on a timely basis. The team shall provide a written,
20.33binding, bona fide commitment or commitments for the financing to the authority prior to
20.34the county issuing any bonds for the project. The team shall be permitted to assign any of
20.35its rights and obligations hereunder to its affiliates and as collateral to lenders for purposes
21.1of obtaining financing, subject to the approval of the authority; provided, however, that the
21.2team shall remain liable for its obligations hereunder. The team contribution will consist
21.3of amounts contributed by the team, the NFL, personal seat license proceeds, and other
21.4private revenues generated by the project.
21.5(b) The county will contribute $10,000,000 annually, as funds are available, to
21.6the stadium project.
21.7(c) The state shall contribute $549,000,000, net of financing costs, to stadium
21.8construction. The state shall contribute $101,000,000, net of financing costs, for
21.9public infrastructure necessary for stadium development. In no event shall the state's
21.10contribution, net of financing costs, exceed these amounts.
21.11 Subd. 2. Cost overruns and project savings. Except as provided in the county
21.12agreement, the team shall be responsible for cost overruns, if any, associated with the
21.13development of the stadium, and with off-site transportation, excluding parking. The
21.14county shall be responsible for cost overruns, if any, associated with certain infrastructure
21.15improvements, including surface parking and related interior circulation, as delineated
21.16and described in the county agreement. The infrastructure improvements shall be
21.17further delineated in the county agreement but shall not include off-site transportation
21.18infrastructure improvements. Notwithstanding any other cost-allocation provisions in this
21.19chapter, the team shall be responsible for 39.5 percent and the county shall be responsible
21.20for 60.5 percent of any cost overruns associated with site acquisition, remediation, and
21.21infrastructure costs. Project savings, if any, shall be allocated between the state, county,
21.22and team on a pro rata basis.
21.23 Sec. 17. [473J.23] PROPERTY TAX EXEMPTION; SPECIAL ASSESSMENTS.
21.24Any real or personal property acquired, owned, leased, controlled, used, or occupied
21.25by the authority for any of the purposes of this chapter is acquired, owned, leased,
21.26controlled, used, and occupied for public, governmental, and municipal purposes, and is
21.27exempt from ad valorem taxation by the state or any political subdivision of the state;
21.28provided that the properties are subject to special assessments levied by a political
21.29subdivision for a local improvement in amounts proportionate to and not exceeding the
21.30special benefit received by the properties from the improvement. No possible use of
21.31any of the properties in any manner different from their use under this chapter may be
21.32considered in determining the special benefit received by the properties. Notwithstanding
21.33section 272.01, subdivision 2, or 273.19, real or personal property subject to a lease or use
21.34agreement between the authority and another person for uses related to the purposes of this
21.35chapter, including the operation of the stadium and related parking facilities, is exempt
22.1from taxation regardless of the length of the lease or use agreement or the characteristics
22.2of the entity leasing or using the property. This section, insofar as it provides an exemption
22.3or special treatment, does not apply to any real property other than the stadium.
22.4 Sec. 18. [473J.25] CITY REQUIREMENTS.
22.5At the request of the authority, the city shall issue intoxicating liquor licenses that
22.6are reasonably requested for the premises of the stadium. These licenses are in addition to
22.7the number authorized by law. All provisions of chapter 340A not inconsistent with this
22.8section apply to the licenses authorized under this subdivision.
22.9 Sec. 19. [473J.27] LOCAL SALES TAXES.
22.10No local sales or use tax may be imposed on sales at the stadium, except a general
22.11sales tax permitted under section 297A.99.
22.12 Sec. 20. [473J.29] METROPOLITAN SPORTS FACILITIES COMMISSION
22.13ASSETS.
22.14 Subdivision 1. Sale. Once the team stops playing home games at the Metrodome,
22.15the Metropolitan Sports Facilities Commission shall sell the Metrodome property at public
22.16sale for fair market value. Upon sale of the Metrodome property and after payment of all
22.17outstanding obligations, not to include any payment to Hennepin County or the city of
22.18Minneapolis, the Metropolitan Sports Facilities Commission shall pay the remainder of
22.19the sale proceeds and any other remaining assets to the authority for its purposes.
22.20 Subd. 2. Metropolitan Sports Facilities Commission abolished. Upon transfer to
22.21the authority of all assets of the Metropolitan Sports Facilities Commission in subdivision
22.221, the Metropolitan Sports Facilities Commission is abolished.
22.23 Sec. 21. [473J.30] STADIUM APPROPRIATION BONDS.
22.24 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
22.25section.
22.26(b) "Appropriation bond" means a bond, note, or other similar instrument of the state
22.27payable during a biennium from one or more of the following sources:
22.28(1) money appropriated by law in any biennium for debt service due with respect
22.29to obligations described in subdivision 2, paragraph (b);
22.30(2) proceeds of the sale of obligations described in subdivision 2, paragraph (b);
22.31(3) payments received for that purpose under agreements and ancillary arrangements
22.32described in subdivision 2, paragraph (d); and
23.1(4) investment earnings on amounts in clauses (1) to (3).
23.2(c) "Debt service" means the amount payable in any biennium of principal, premium,
23.3if any, and interest on appropriation bonds.
23.4 Subd. 2. Authority. (a) Subject to the limitations of this subdivision, the
23.5commissioner of management and budget may sell and issue appropriation bonds of the
23.6state under this section to acquire and better, including design, construction, furnishing,
23.7and equipping, the stadium project under this chapter. Proceeds of the bonds must be
23.8credited to a special appropriation bond proceeds account in the state treasury. Net income
23.9from investment of the proceeds, as estimated by the commissioner, must be credited to
23.10the special appropriation bond proceeds account.
23.11(b) Appropriation bonds may be sold and issued in amounts that, in the opinion of
23.12the commissioner, are necessary to provide sufficient funds for achieving the purposes
23.13authorized as provided under paragraph (a), and pay debt service, pay costs of issuance,
23.14make deposits to reserve funds, pay the costs of credit enhancement, or make payments
23.15under other agreements entered into under paragraph (d); provided, however, that bonds
23.16issued under this section shall not exceed $650,000,000 in principal amount, excluding
23.17refunding bonds sold and issued under subdivision 4.
23.18(c) Appropriation bonds may be issued in one or more series on the terms and
23.19conditions the commissioner determines to be in the best interests of the state, but the term
23.20on any series of bonds may not exceed 30 years.
23.21(d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any
23.22time thereafter, so long as the appropriation bonds are outstanding, the commissioner
23.23may enter into agreements and ancillary arrangements relating to the appropriation
23.24bonds, including but not limited to trust indentures, liquidity facilities, remarketing or
23.25dealer agreements, letter of credit agreements, insurance policies, guaranty agreements,
23.26reimbursement agreements, indexing agreements, or interest exchange agreements. Any
23.27payments made or received according to the agreement or ancillary arrangement shall be
23.28made from or deposited as provided in the agreement or ancillary arrangement. The
23.29determination of the commissioner included in an interest exchange agreement that the
23.30agreement relates to an appropriation bond shall be conclusive.
23.31 Subd. 3. Form; procedure. (a) Appropriation bonds may be issued in the form
23.32of bonds, notes, or other similar instruments, and in the manner provided in section
23.3316A.672. In the event that any provision of section 16A.672 conflicts with this section,
23.34this section shall control.
23.35(b) Every appropriation bond shall include a conspicuous statement of the limitation
23.36established in subdivision 6.
24.1(c) Appropriation bonds may be sold at either public or private sale upon such terms
24.2as the commissioner shall determine are not inconsistent with this section and may be sold
24.3at any price or percentage of par value. Any bid received may be rejected.
24.4(d) Appropriation bonds may bear interest at a fixed or variable rate.
24.5 Subd. 4. Refunding bonds. The commissioner from time to time may issue
24.6appropriation bonds for the purpose of refunding any appropriation bonds then
24.7outstanding, including the payment of any redemption premiums on the bonds, any
24.8interest accrued or to accrue to the redemption date, and costs related to the issuance
24.9and sale of the refunding bonds. The proceeds of any refunding bonds may, in the
24.10discretion of the commissioner, be applied to the purchase or payment at maturity of the
24.11appropriation bonds to be refunded, to the redemption of the outstanding bonds on any
24.12redemption date, or to pay interest on the refunding bonds and may, pending application,
24.13be placed in escrow to be applied to the purchase, payment, retirement, or redemption.
24.14Any escrowed proceeds, pending such use, may be invested and reinvested in obligations
24.15that are authorized investments under section 11A.24. The income earned or realized on
24.16the investment may also be applied to the payment of the bonds to be refunded or interest
24.17or premiums on the refunded bonds, or to pay interest on the refunding bonds. After
24.18the terms of the escrow have been fully satisfied, any balance of the proceeds and any
24.19investment income may be returned to the general fund or, if applicable, the appropriation
24.20bond proceeds account for use in any lawful manner. All refunding bonds issued under
24.21this subdivision must be prepared, executed, delivered, and secured by appropriations in
24.22the same manner as the bonds to be refunded.
24.23 Subd. 5. Appropriation bonds as legal investments. Any of the following entities
24.24may legally invest any sinking funds, money, or other funds belonging to them or under
24.25their control in any appropriation bonds issued under this section:
24.26(1) the state, the investment board, public officers, municipal corporations, political
24.27subdivisions, and public bodies;
24.28(2) banks and bankers, savings and loan associations, credit unions, trust companies,
24.29savings banks and institutions, investment companies, insurance companies, insurance
24.30associations, and other persons carrying on a banking or insurance business; and
24.31(3) personal representatives, guardians, trustees, and other fiduciaries.
24.32 Subd. 6. No full faith and credit; state not required to make appropriations.
24.33The appropriation bonds are not public debt of the state, and the full faith, credit, and
24.34taxing powers of the state are not pledged to the payment of the appropriation bonds or to
24.35any payment that the state agrees to make under this section. Appropriation bonds shall
24.36not be obligations paid directly, in whole or in part, from a tax of statewide application
25.1on any class of property, income, transaction, or privilege. Appropriation bonds shall be
25.2payable in each fiscal year only from amounts that the legislature may appropriate for debt
25.3service for any fiscal year, provided that nothing in this section shall be construed to
25.4require the state to appropriate funds sufficient to make debt service payments with respect
25.5to the bonds in any fiscal year.
25.6 Subd. 7. Appropriation of proceeds. The proceeds of appropriation bonds and
25.7interest credited to the special appropriation bond proceeds account are appropriated to
25.8the commissioner for payment of contract obligations under this chapter, as permitted by
25.9state and federal law, and nonsalary expenses incurred in conjunction with the sale of
25.10the appropriation bonds.
25.11 Subd. 8. Appropriation for debt service. The amount needed to pay principal and
25.12interest on appropriation bonds issued under this section is appropriated each year to the
25.13commissioner from the general fund subject to the repeal, unallotment under section
25.1416A.152, or cancellation otherwise pursuant to subdivision 6.
25.15EFFECTIVE DATE.This section is effective the day following final enactment.
25.16 Sec. 22. APPROPRIATION.
25.17The Minnesota Stadium Authority shall be the recipient of all funds deposited in the
25.18stadium account created under Minnesota Statutes 2010, section 473.5995, and shall use
25.19those funds for the purposes of this act, including:
25.20(1) debt service for appropriations bonds to be sold in an amount not to exceed
25.21$650,000,000, of which not more than $549,000,000 may be used for stadium
25.22development, and not more than $101,000,000 may be used for public infrastructure
25.23improvements; and
25.24(2) The commissioner of management and budget may, in consultation with the
25.25authority, reduce the amount of appropriation bonds sold, and substitute direct payment
25.26of public infrastructure costs as allowed under article 5.
25.27EFFECTIVE DATE.This section is effective the day following final enactment.
25.28 Sec. 23. REPEALER.
25.29Minnesota Statutes 2010, sections 137.50, subdivision 5; 473.551; 473.552;
25.30473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 473.556, subdivisions
25.311, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, and 17; 473.561; 473.564, subdivisions 2
25.32and 3; 473.572; 473.581; 473.592, subdivision 1; 473.595; 473.5955; 473.596; 473.598;
25.33473.599; 473.5995; and 473.76, are repealed.
26.1EFFECTIVE DATE.This section is effective upon the completion of the transfer
26.2of the assets of the Metropolitan Sports Facilities Commission to the Minnesota Stadium
26.3Authority under section 20.
26.4 Sec. 24. EFFECTIVE DATE.
26.5Except as otherwise provided, this article is effective the day following final
26.6enactment.
26.9 Section 1. Minnesota Statutes 2010, section 3.971, subdivision 6, is amended to read:
26.10 Subd. 6. Financial audits. The legislative auditor shall audit the financial
26.11statements of the state of Minnesota required by section
26.12shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
26.13agencies, departments, boards, commissions, courts, and other state organizations subject
26.14to audit by the legislative auditor, including the State Agricultural Society, Agricultural
26.15Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
26.16Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
26.17
26.18Metropolitan Mosquito Control District. Financial audits must be conducted according to
26.19generally accepted government auditing standards. The legislative auditor shall see that
26.20all provisions of law respecting the appropriate and economic use of public funds are
26.21complied with and may, as part of a financial audit or separately, investigate allegations
26.22of noncompliance.
26.23EFFECTIVE DATE.This section is effective January 1, 2015.
26.24 Sec. 2. Minnesota Statutes 2010, section 13.55, subdivision 1, is amended to read:
26.25 Subdivision 1. Not public classification. The following data received, created, or
26.26maintained by or for publicly owned and operated convention facilities, civic center
26.27authorities
26.28data pursuant to section
26.29to section
26.30(a) a letter or other documentation from any person who makes inquiry to or who is
26.31contacted by the facility regarding the availability of the facility for staging events;
26.32(b) identity of firms and corporations which contact the facility;
27.1(c) type of event which they wish to stage in the facility;
27.2(d) suggested terms of rentals; and
27.3(e) responses of authority staff to these inquiries.
27.4EFFECTIVE DATE.This section is effective January 1, 2015.
27.5 Sec. 3. Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 1, is
27.6amended to read:
27.7 Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to
27.8the following establishments located within its jurisdiction:
27.9(1) hotels;
27.10(2) restaurants;
27.11(3) bowling centers;
27.12(4) clubs or congressionally chartered veterans organizations with the approval of
27.13the commissioner, provided that the organization has been in existence for at least three
27.14years and liquor sales will only be to members and bona fide guests, except that a club
27.15may permit the general public to participate in a wine tasting conducted at the club under
27.16section
27.17(5)
27.18
27.19
27.20(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
27.21or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
27.22ordinance, or charter provision. A license issued under this paragraph authorizes sales on
27.23all days of the week to persons attending events at the theater.
27.24(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
27.25or an on-sale malt liquor license to a convention center within the city, notwithstanding
27.26any law, local ordinance, or charter provision. A license issued under this paragraph
27.27authorizes sales on all days of the week to persons attending events at the convention
27.28center. This paragraph does not apply to convention centers located in the seven-county
27.29metropolitan area.
27.30(d) A city may issue an on-sale wine license and an on-sale malt liquor license to
27.31a person who is the owner of a summer collegiate league baseball team, or to a person
27.32holding a concessions or management contract with the owner, for beverage sales at a
27.33ballpark or stadium located within the city for the purposes of summer collegiate league
27.34baseball games at the ballpark or stadium, notwithstanding any law, local ordinance, or
28.1charter provision. A license issued under this paragraph authorizes sales on all days of the
28.2week to persons attending baseball games at the ballpark or stadium.
28.3EFFECTIVE DATE.This section is effective January 1, 2015.
28.4 Sec. 4. Minnesota Statutes 2010, section 352.01, subdivision 2a, is amended to read:
28.5 Subd. 2a. Included employees. (a) "State employee" includes:
28.6 (1) employees of the Minnesota Historical Society;
28.7 (2) employees of the State Horticultural Society;
28.8 (3) employees of the Minnesota Crop Improvement Association;
28.9 (4) employees of the adjutant general whose salaries are paid from federal funds and
28.10who are not covered by any federal civilian employees retirement system;
28.11 (5) employees of the Minnesota State Colleges and Universities who are employed
28.12under the university or college activities program;
28.13 (6) currently contributing employees covered by the system who are temporarily
28.14employed by the legislature during a legislative session or any currently contributing
28.15employee employed for any special service as defined in subdivision 2b, clause (8);
28.16 (7) employees of the legislature who are appointed without a limit on the duration
28.17of their employment and persons employed or designated by the legislature or by a
28.18legislative committee or commission or other competent authority to conduct a special
28.19inquiry, investigation, examination, or installation;
28.20 (8) trainees who are employed on a full-time established training program
28.21performing the duties of the classified position for which they will be eligible to receive
28.22immediate appointment at the completion of the training period;
28.23 (9) employees of the Minnesota Safety Council;
28.24 (10) any employees who are on authorized leave of absence from the Transit
28.25Operating Division of the former Metropolitan Transit Commission and who are employed
28.26by the labor organization which is the exclusive bargaining agent representing employees
28.27of the Transit Operating Division;
28.28 (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
28.29Commission,
28.30Control Commission unless excluded under subdivision 2b or are covered by another
28.31public pension fund or plan under section
28.32 (12) judges of the Tax Court;
28.33 (13) personnel who were employed on June 30, 1992, by the University of
28.34Minnesota in the management, operation, or maintenance of its heating plant facilities,
28.35whose employment transfers to an employer assuming operation of the heating plant
29.1facilities, so long as the person is employed at the University of Minnesota heating plant
29.2by that employer or by its successor organization;
29.3 (14) personnel who are employed as seasonal employees in the classified or
29.4unclassified service;
29.5 (15) persons who are employed by the Department of Commerce as a peace officer
29.6in the Insurance Fraud Prevention Division under section
29.7mandatory retirement age specified in section
29.8 (16) employees of the University of Minnesota unless excluded under subdivision
29.92b, clause (3);
29.10 (17) employees of the Middle Management Association whose employment began
29.11after July 1, 2007, and to whom section
29.12 (18) employees of the Minnesota Government Engineers Council to whom section
29.14 (b) Employees specified in paragraph (a), clause (13), are included employees under
29.15paragraph (a) if employer and employee contributions are made in a timely manner in the
29.16amounts required by section
29.17salary. Employer contributions are the sole obligation of the employer assuming operation
29.18of the University of Minnesota heating plant facilities or any successor organizations to
29.19that employer.
29.20EFFECTIVE DATE.This section is effective January 1, 2015.
29.21 Sec. 5. Minnesota Statutes 2010, section 473.121, subdivision 5a, is amended to read:
29.22 Subd. 5a. Metropolitan agency. "Metropolitan agency" means the Metropolitan
29.23Parks and Open Space Commission
29.24
29.25EFFECTIVE DATE.This section is effective upon completion of the transfer.
29.26 Sec. 6. Minnesota Statutes 2010, section 473.164, is amended to read:
29.27473.164 SPORTS, AIRPORT COMMISSIONS TO PAY COUNCIL COSTS.
29.28 Subdivision 1. Annually reimburse. The
29.29
29.30council for costs incurred by the council in the discharge of its responsibilities relating to
29.31the commission. The costs may be charged against any revenue sources of the commission
29.32as determined by the commission.
30.1 Subd. 2. Estimates, budget, transfer. On or before May 1 of each year, the council
30.2shall transmit to
30.3incur in the discharge of its responsibilities related to the commission in the next budget
30.4year including, without limitation, costs in connection with the preparation, review,
30.5implementation and defense of plans, programs and budgets of the commission.
30.6commission shall include the estimates in its budget for the next budget year and may
30.7transmit its comments concerning the estimated amount to the council during the budget
30.8review process. Prior to December 15 of each year, the amount budgeted by
30.9commission for the next budget year may be changed following approval by the council.
30.10During each budget year, the commission shall transfer budgeted funds to the council in
30.11advance when requested by the council.
30.12 Subd. 3. Final statement. At the conclusion of each budget year, the council, in
30.13cooperation with
30.14council for
30.15the amount budgeted,
30.16moneys needed to pay the amount of the costs in excess of the amount budgeted, and shall
30.17include a sum in its next budget. Any excess of budgeted costs over actual costs may be
30.18retained by the council and applied to the payment of budgeted costs in the next year.
30.19EFFECTIVE DATE.This section is effective upon completion of the transfer.
30.20 Sec. 7. Minnesota Statutes 2010, section 473.565, subdivision 1, is amended to read:
30.21 Subdivision 1. In MSRS; exceptions. All employees of the former commission
30.22shall be members of the Minnesota State Retirement System with respect to service
30.23rendered on or after May 17, 1977, except as provided in this section.
30.26 Section 1. [383A.94] TWIN CITIES ARMY AMMUNITIONS PLANT (TCAAP)
30.27DEVELOPMENT CORPORATION TAX INCREMENT FINANCING POWERS.
30.28 Subdivision 1. Exclusive authority. This section provides the exclusive authority
30.29to establish and use tax increment financing within the area of the development site and
30.30except as authorized in this section, no authority or city may establish a tax increment
30.31financing district within the area of the development site.
30.32 Subd. 2. Definitions. (a) For purposes of this section, the following terms have the
30.33meanings given them, unless the context clearly indicates otherwise.
31.1(b) "Act" or "tax increment act" means the tax increment financing statute, sections
31.2469.174 to 469.178.
31.3(c) "Development site" means the area located in the city of Arden Hills, described
31.4in the TCAAP Boundary Survey dated December 12, 2007, by W. Brown Land Surveying,
31.5Inc.
31.6(d) The terms defined in section 469.174 have the meanings given in that section.
31.7 Subd. 3. Authority to use TIF powers. (a) The corporation established in section
31.8383A.93 may establish one or more tax increment financing districts within the area of the
31.9development site to assist in: (1) financing the professional football stadium and related
31.10public infrastructure, (2) remediation of hazardous substances, and (3) development and
31.11financing of commercial, industrial, or housing improvements, or any combination of the
31.12improvements on the development site to allow its appropriate use and to aid in carrying
31.13out the purposes under clauses (1) and (2). Except as otherwise provided in subdivision
31.144, the provisions of the tax increment act apply and the corporation is deemed to be the
31.15authority and the county is the municipality for purposes of any tax increment financing
31.16districts established and exercising powers and carrying out duties under this act.
31.17(b) For purposes of this section, the corporation may exercise any of the powers of a
31.18housing and redevelopment authority under sections 469.001 to 469.047, an economic
31.19development authority under sections 469.090 to 469.1082, a city under sections 469.124
31.20to 469.134, and a municipality under sections 469.152 to 469.1655. This grant of authority
31.21does not include the power to levy or to request the levy of property taxes under section
31.22469.033 or 469.107 or to issue general obligation bonds under section 469.034 or 469.102.
31.23 Subd. 4. Special rules. The following special rules apply to any tax increment
31.24financing district established under this section, notwithstanding the requirements of
31.25this act:
31.26(1) each district, unless designated as a housing district, is deemed to be a
31.27redevelopment district without regard to the definition under section 469.174, subdivision
31.2810;
31.29(2) the restrictions under section 469.1763 do not apply; and
31.30(3) increments may only be spent for improvements within, remediation of
31.31hazardous substance on or in, or to provide access to, the development site for the purpose
31.32of assisting in financing and construction of the professional football stadium and related
31.33public infrastructure and for administrative expenses as permitted by the tax increment act.
31.34This includes authority to spend increments for the purposes of facilitating or encouraging
31.35development, if the corporation finds that will assist in providing financing for or other aid
31.36for the professional football stadium and related infrastructure.
32.1 Subd. 5. Expiration. The authority to form a tax increment financing district under
32.2this section expires on December 31, .......
32.3 Subd. 6. Transfer. An amount not to exceed $10,000,000 in any given year shall
32.4be annually transferred from Ramsey County, if available from the tax increment district
32.5created under this act, to the stadium fund created under section 473.5995.
32.6EFFECTIVE DATE.This section is effective the day following final enactment.
32.9 Section 1. Minnesota Statutes 2010, section 349.12, subdivision 3b, is amended to read:
32.10 Subd. 3b. Bar operation. "Bar operation" means a method of selling and redeeming
32.11disposable gambling equipment by an employee of the lessor within a leased premises
32.12which is licensed for the on-sale of alcoholic beverages
32.13
32.14
32.15 Sec. 2. Minnesota Statutes 2010, section 349.12, subdivision 3c, is amended to read:
32.16 Subd. 3c. Bar bingo. "Bar bingo" is a bingo occasion conducted at a permitted
32.17premises in an area where intoxicating liquor or 3.2 percent malt beverages are sold and
32.18where the licensed organization conducts another form of lawful gambling. Bar bingo
32.19does not include bingo games linked to other permitted premises.
32.20 Sec. 3. Minnesota Statutes 2010, section 349.12, subdivision 5, is amended to read:
32.21 Subd. 5. Bingo occasion. "Bingo occasion" means a single gathering or session at
32.22which a series of one or more successive bingo games is played. There is no limit on the
32.23number of games conducted during a bingo occasion
32.24longer than eight consecutive hours
32.25bingo devices may be played during regular business hours of the permitted premises and
32.26all play during this period is considered a bingo occasion for reporting purposes. For
32.27permitted premises where the primary business is bingo, regular business hours shall be
32.28defined as the hours between 8:00 a.m. and 2:00 a.m.
32.29 Sec. 4. Minnesota Statutes 2010, section 349.12, subdivision 6a, is amended to read:
32.30 Subd. 6a. Booth operation. "Booth operation" means a method of selling and
32.31redeeming disposable gambling equipment by an employee of a licensed organization in
33.1a premises the organization leases or owns
33.2
33.3 Sec. 5. Minnesota Statutes 2010, section 349.12, subdivision 12a, is amended to read:
33.4 Subd. 12a. Electronic bingo device. "Electronic bingo device" means
33.5handheld and portable electronic device that:
33.6(a) is used by a bingo player to:
33.7(1) monitor bingo paper sheets or a facsimile of a bingo paper sheet
33.8and played at the time and place of an organization's bingo occasion
33.9
33.10with other permitted premises;
33.11(2) activate numbers announced
33.12to compare the numbers
33.13the memory of the device;
33.14(3)
33.15(4) play against other bingo players;
33.16(b) limits the play of bingo faces to 36 faces per game;
33.17(c) requires coded entry to activate play but does not allow the use of a coin,
33.18currency, or tokens to be inserted to activate play;
33.19(d) may only be used for play against other bingo players in a bingo game;
33.20(e) has no additional function as an amusement or gambling device;
33.21(f) has the capability to ensure adequate levels of security and internal controls; and
33.22(g) has the capability to permit the board to electronically monitor the operation of
33.23the device and the internal accounting systems.
33.24
33.25
33.26 Sec. 6. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
33.27to read:
33.28 Subd. 12b. Electronic pull-tab device. "Electronic pull-tab device" means a
33.29handheld and portable electronic device that:
33.30(a) is used to play one or more electronic pull-tab games;
33.31(b) requires coded entry to activate play but does not allow the use of coin, currency,
33.32or tokens to be inserted to activate play;
33.33(c) allows a player the option to activate the opening of:
33.34(1) all tabs of a ticket at the same time; or
34.1(2) each tab of a ticket separately;
34.2(d) records and maintains information pertaining to accumulated win credits that
34.3may be applied to games in play or redeemed upon termination of play;
34.4(e) has no spinning symbols or other representations that mimic a video slot machine;
34.5(f) has no additional function as a gambling device;
34.6(g) may incorporate an amusement game feature as part of the pull-tab game but
34.7may not require additional consideration for that feature or contain or award any points,
34.8prizes, or other benefit for that feature;
34.9(h) may have auditory or visual enhancements to promote or provide information
34.10about the game being played, provided the component does not affect the outcome of
34.11a game or display the results of a game;
34.12(i) maintains, on nonresettable meters, a printable, permanent record of all
34.13transactions involving each device and electronic pull-tab games played on the device; and
34.14(j) is not a pull-tab dispensing device as defined under subdivision 32a.
34.15 Sec. 7. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
34.16to read:
34.17 Subd. 12c. Electronic pull-tab game. "Electronic pull-tab game" means a pull-tab
34.18game containing:
34.19(a) facsimiles of pull-tab tickets that are played on an electronic pull-tab device;
34.20(b) a predetermined finite number of winning and losing tickets;
34.21(c) the same price for each ticket in the game;
34.22(d) a price paid by the player of not less than 25 cents per ticket;
34.23(e) tickets that are in conformance with applicable board rules for pull-tabs;
34.24(f) winning tickets that comply with prize limits under section 349.211;
34.25(g) a unique serial number that may not be regenerated;
34.26(h) an electronic flare that displays the game name, form number, predetermined
34.27finite number of tickets in the game, and prize tier; and
34.28(i) no spinning symbols or other representations that mimic a video slot machine.
34.29 Sec. 8. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
34.30to read:
34.31 Subd. 12d. Electronic pull-tab game system. "Electronic pull-tab game system"
34.32means the equipment leased from a licensed distributor and used by a licensed organization
34.33to conduct, manage, and record electronic pull-tab games, and to report and transmit the
34.34game results as prescribed by the board and the Department of Revenue. The system must
35.1provide security and access levels sufficient so that internal control objectives are met as
35.2prescribed by the board. The system must contain a point of sale station.
35.3 Sec. 9. Minnesota Statutes 2010, section 349.12, subdivision 18, is amended to read:
35.4 Subd. 18. Gambling equipment. "Gambling equipment" means
35.5equipment that is either disposable or permanent gambling equipment.
35.6(a) Disposable gambling equipment includes the following:
35.7(1) bingo hard cards or paper sheets, including linked bingo paper sheets
35.8
35.9(2) paper and electronic pull-tabs
35.10(3) jar tickets
35.11(4) paddle tickets
35.12(5) tipboards
35.13(6) promotional tickets that mimic a pull-tab or tipboard
35.14
35.15
35.16(b) Permanent gambling equipment includes the following:
35.17(1) devices for selecting bingo numbers;
35.18(2) electronic bingo devices;
35.19(3) electronic pull-tab devices;
35.20(4) pull-tab dispensing devices;
35.21(5) programmable electronic devices that have no effect on the outcome of a game
35.22and are used to provide a visual or auditory enhancement of a game;
35.23(6) paddle wheels; and
35.24(7) paddle wheel tables.
35.25 Sec. 10. Minnesota Statutes 2010, section 349.12, subdivision 25b, is amended to read:
35.26 Subd. 25b. Linked bingo game provider. "Linked bingo game provider" means
35.27any person who provides the means to link bingo
35.28
35.29linked bingo prize management, and who provides the linked bingo game system.
35.30 Sec. 11. Minnesota Statutes 2010, section 349.12, subdivision 25c, is amended to read:
35.31 Subd. 25c. Linked bingo game system. "Linked bingo game system" means the
35.32equipment used by the linked bingo provider to conduct, transmit, and track a linked
35.33bingo game. The system must be approved by the board before its use in this state and
36.1it must have
36.2its operation remotely. For linked electronic bingo games, the system includes electronic
36.3bingo devices.
36.4 Sec. 12. Minnesota Statutes 2010, section 349.12, subdivision 25d, is amended to read:
36.5 Subd. 25d. Linked bingo prize pool. "Linked bingo prize pool" means the total
36.6of all prize money that each participating organization has contributed to a linked bingo
36.7game prize and includes any portion of the prize pool that is carried over from one
36.8
36.9 Sec. 13. Minnesota Statutes 2010, section 349.12, subdivision 29, is amended to read:
36.10 Subd. 29. Paddle wheel. "Paddle wheel" means a vertical wheel marked off into
36.11sections containing one or more numbers, and which, after being turned or spun, uses a
36.12pointer or marker to indicate winning chances, and may only be used to determine a
36.13winning number or numbers matching a winning paddle ticket purchased by a player. A
36.14paddle wheel may be an electronic device that simulates a paddle wheel.
36.15 Sec. 14. Minnesota Statutes 2010, section 349.12, subdivision 31, is amended to read:
36.16 Subd. 31. Promotional ticket. A paper pull-tab ticket or paper tipboard ticket
36.17created and printed by a licensed manufacturer with the words "no purchase necessary" and
36.18"for promotional use only" and for which no consideration is given is a promotional ticket.
36.19 Sec. 15. Minnesota Statutes 2010, section 349.12, subdivision 32, is amended to read:
36.20 Subd. 32. Pull-tab. "Pull-tab" means a single folded or banded paper ticket
36.21multi-ply card with perforated break-open tabs, or a facsimile of a paper pull-tab ticket
36.22used in conjunction with an electronic pull-tab device, the face of which is initially
36.23covered to conceal one or more numbers or symbols, and where one or more of each set of
36.24tickets
36.25 Sec. 16. Minnesota Statutes 2010, section 349.13, is amended to read:
36.26349.13 LAWFUL GAMBLING.
36.27Lawful gambling is not a lottery or gambling within the meaning of sections
36.28to
36.29bingo device, and electronic pull-tab device permitted under this chapter and by board
36.30rule is not a gambling device within the meaning of sections
36.31299L. An electronic game device allowed under this chapter may not be a slot machine.
37.1Electronic game devices, including but not limited to electronic bingo devices, electronic
37.2paddle wheels, and electronic pull-tab devices authorized under this chapter, may only
37.3be used in the conduct of lawful gambling permitted under this chapter and board rule
37.4and may not display or simulate any other form of gambling or entertainment, except
37.5as otherwise allowed under this chapter.
37.6 Sec. 17. Minnesota Statutes 2010, section 349.151, subdivision 4b, is amended to read:
37.7 Subd. 4b. Pull-tab sales from dispensing devices.
37.8authorize but not require the use of pull-tab dispensing devices.
37.9
37.10
37.11
37.12
37.13
37.14
37.15
37.16
37.17
37.18
37.19 Sec. 18. Minnesota Statutes 2010, section 349.151, subdivision 4c, is amended to read:
37.20 Subd. 4c. Electronic bingo devices. (a) The board may by rule authorize but not
37.21require the use of electronic bingo devices.
37.22
37.23
37.24
37.25
37.26
37.27
37.28
37.29
37.30
37.31
37.32(b) The board, or the director if authorized by the board, may require the deactivation
37.33of an electronic bingo device for violation of a law or rule and to implement any other
38.1controls deemed necessary to ensure and maintain the integrity of electronic bingo devices
38.2and the electronic bingo games played on the devices.
38.3 Sec. 19. Minnesota Statutes 2010, section 349.151, is amended by adding a subdivision
38.4to read:
38.5 Subd. 4d. Electronic pull-tab devices and electronic pull-tab game system. (a)
38.6The board may adopt rules it deems necessary to ensure the integrity of electronic pull-tab
38.7devices, the electronic pull-tab games played on the devices, and the electronic pull-tab
38.8game system necessary to operate them.
38.9(b) The board may not require an organization to use electronic pull-tab devices.
38.10(c) Before authorizing the lease or sale of electronic pull-tab devices and the
38.11electronic pull-tab game system, the board shall examine electronic pull-tab devices
38.12allowed under section 349.12, subdivision 12b. The board may contract for the
38.13examination of the game system and electronic pull-tab devices and may require a working
38.14model to be transported to locations the board designates for testing, examination, and
38.15analysis. The manufacturer must pay all costs of any testing, examination, analysis, and
38.16transportation of the model. The system must be approved by the board before its use in
38.17the state and must have the capability to permit the board to electronically monitor its
38.18operation and internal accounting systems.
38.19(d) The board may require a manufacturer to submit a certificate from an independent
38.20testing laboratory approved by the board to perform testing services, stating that the
38.21equipment has been tested, analyzed, and meets the standards required in this chapter
38.22and any applicable board rules.
38.23(e) The board, or the director if authorized by the board, may require the deactivation
38.24of an electronic pull-tab device for violation of a law or rule and to implement any other
38.25controls deemed necessary to ensure and maintain the integrity of electronic pull-tab
38.26devices and the electronic pull-tab games played on the devices.
38.27 Sec. 20. Minnesota Statutes 2010, section 349.161, subdivision 1, is amended to read:
38.28 Subdivision 1. Prohibited acts; licenses required. (a) No person may:
38.29 (1) sell, offer for sale, or furnish gambling equipment for use within the state other
38.30than for lawful gambling exempt or excluded from licensing, except to an organization
38.31licensed for lawful gambling;
38.32 (2) sell, offer for sale, or furnish gambling equipment for use within the state without
38.33having obtained a distributor license or a distributor salesperson license under this section
38.34except that an organization authorized to conduct bingo by the board may loan bingo
39.1hard cards and devices for selecting bingo numbers to another organization authorized to
39.2conduct bingo and a linked bingo game provider may provide electronic bingo devices for
39.3linked electronic bingo games;
39.4 (3) sell, offer for sale, or furnish gambling equipment for use within the state that is
39.5not purchased or obtained from a manufacturer or distributor licensed under this chapter; or
39.6 (4) sell, offer for sale, or furnish gambling equipment for use within the state that
39.7has the same serial number as another item of gambling equipment of the same type sold
39.8or offered for sale or furnished for use in the state by that distributor.
39.9 (b) No licensed distributor salesperson may sell, offer for sale, or furnish gambling
39.10equipment for use within the state without being employed by a licensed distributor or
39.11owning a distributor license.
39.12(c) No distributor or distributor salesperson may also be licensed as a linked bingo
39.13game provider under section 349.1635.
39.14 Sec. 21. Minnesota Statutes 2010, section 349.161, subdivision 5, is amended to read:
39.15 Subd. 5. Prohibition. (a) No distributor, distributor salesperson, or other employee
39.16of a distributor, may also be a wholesale distributor of alcoholic beverages or an employee
39.17of a wholesale distributor of alcoholic beverages.
39.18 (b) No distributor, distributor salesperson, or any representative, agent, affiliate, or
39.19other employee of a distributor, may: (1) be involved in the conduct of lawful gambling
39.20by an organization; (2) keep or assist in the keeping of an organization's financial records,
39.21accounts, and inventories; or (3) prepare or assist in the preparation of tax forms and other
39.22reporting forms required to be submitted to the state by an organization.
39.23 (c) No distributor, distributor salesperson, or any representative, agent, affiliate,
39.24or other employee of a distributor may provide a lessor of gambling premises any
39.25compensation, gift, gratuity, premium, or other thing of value.
39.26 (d) No distributor, distributor salesperson, or any representative, agent, affiliate, or
39.27other employee of a distributor may provide an employee or agent of the organization
39.28any compensation, gift, gratuity, premium, or other thing of value greater than $25 per
39.29organization in a calendar year.
39.30 (e) No distributor, distributor salesperson, or any representative, agent, affiliate, or
39.31other employee of a distributor may participate in any gambling activity at any gambling
39.32site or premises where gambling equipment purchased or leased from that distributor or
39.33distributor salesperson is being used in the conduct of lawful gambling.
40.1 (f) No distributor, distributor salesperson, or any representative, agent, affiliate, or
40.2other employee of a distributor may alter or modify any gambling equipment, except to
40.3add a "last ticket sold" prize sticker for a paper pull-tab game.
40.4 (g) No distributor, distributor salesperson, or any representative, agent, affiliate, or
40.5other employee of a distributor may: (1) recruit a person to become a gambling manager
40.6of an organization or identify to an organization a person as a candidate to become
40.7gambling manager for the organization; or (2) identify for an organization a potential
40.8gambling location.
40.9 (h) No distributor or distributor salesperson may purchase or lease gambling
40.10equipment for resale or lease to a person for use within the state from any person not
40.11licensed as a manufacturer under section
40.12returned from an organization licensed under section
40.13licensing under section
40.14 (i) No distributor or distributor salesperson may sell gambling equipment, except
40.15gambling equipment identified as a promotional ticket, to any person for use in Minnesota
40.16other than (i) a licensed organization or organization excluded or exempt from licensing,
40.17or (ii) the governing body of an Indian tribe.
40.18 (j) No distributor or distributor salesperson may sell or otherwise provide a paper
40.19pull-tab or tipboard deal with the symbol required by section
40.20paragraph (d), visible on the flare to any person other than in Minnesota to a licensed
40.21organization or organization exempt from licensing.
40.22 Sec. 22. Minnesota Statutes 2010, section 349.162, subdivision 5, is amended to read:
40.23 Subd. 5. Sales from facilities. (a) All gambling equipment purchased or possessed
40.24by a licensed distributor for resale or lease to any person for use in Minnesota must, prior
40.25to the equipment's resale or lease, be unloaded into a storage facility located in Minnesota
40.26which the distributor owns or leases; and which has been registered, in advance and in
40.27writing, with the Division of Alcohol and Gambling Enforcement as a storage facility of
40.28the distributor. All unregistered gambling equipment and all unaffixed registration stamps
40.29owned by, or in the possession of, a licensed distributor in the state of Minnesota shall be
40.30stored at a storage facility which has been registered with the Division of Alcohol and
40.31Gambling Enforcement. No gambling equipment may be moved from the facility unless
40.32the gambling equipment has been first registered with the board or the Department of
40.33Revenue. A distributor must notify the board of the method that it will use to sell and
40.34transfer electronic pull-tab games to licensed organizations, and must receive approval of
40.35the board before implementing or making changes to the approved method.
41.1(b) Notwithstanding section
41.2manufacturer may ship into Minnesota approved or unapproved gambling equipment if the
41.3licensed manufacturer ships the gambling equipment to a Minnesota storage facility that
41.4is: (1) owned or leased by the licensed manufacturer; and (2) registered, in advance and
41.5in writing, with the Division of Alcohol and Gambling Enforcement as a manufacturer's
41.6storage facility. No gambling equipment may be shipped into Minnesota to the
41.7manufacturer's registered storage facility unless the shipment of the gambling equipment
41.8is reported to the Department of Revenue in a manner prescribed by the department.
41.9No gambling equipment may be moved from the storage facility unless the gambling
41.10equipment is sold to a licensed distributor and is otherwise in conformity with this chapter,
41.11is shipped to an out-of-state site and the shipment is reported to the Department of
41.12Revenue in a manner prescribed by the department, or is otherwise sold and shipped as
41.13permitted by board rule. A manufacturer must notify the board of the method that it will
41.14use to sell and transfer electronic pull-tab games to licensed distributors, and must receive
41.15approval of the board before implementing or making changes to the approved method.
41.16(c) All storage facilities owned, leased, used, or operated by a licensed distributor
41.17or manufacturer may be entered upon and inspected by the employees of the Division of
41.18Alcohol and Gambling Enforcement, the Division of Alcohol and Gambling Enforcement
41.19director's authorized representatives, employees of the Gambling Control Board or its
41.20authorized representatives, employees of the Department of Revenue, or authorized
41.21representatives of the director of the Division of Special Taxes of the Department of
41.22Revenue during reasonable and regular business hours. Obstruction of, or failure to
41.23permit, entry and inspection is cause for revocation or suspension of a manufacturer's or
41.24distributor's licenses and permits issued under this chapter.
41.25(d) Unregistered gambling equipment found at any location in Minnesota other than
41.26the manufacturing plant of a licensed manufacturer or a registered storage facility are
41.27contraband under section
41.28(1) to unregistered gambling equipment being transported in interstate commerce
41.29between locations outside this state, if the interstate shipment is verified by a bill of lading
41.30or other valid shipping document; and
41.31(2) to gambling equipment registered with the Department of Revenue for
41.32distribution to the tribal casinos.
41.33 Sec. 23. Minnesota Statutes 2010, section 349.163, subdivision 1, is amended to read:
41.34 Subdivision 1. License required. No manufacturer of gambling equipment may
41.35sell any gambling equipment to any person for use or resale within the state, unless the
42.1manufacturer has a current and valid license issued by the board under this section and has
42.2satisfied other criteria prescribed by the board by rule. A manufacturer licensed under this
42.3section may also be licensed as a linked bingo game provider under section 349.1635.
42.4A manufacturer licensed under this section may not also be directly or indirectly
42.5licensed as a distributor under section
42.6 Sec. 24. Minnesota Statutes 2010, section 349.163, subdivision 5, is amended to read:
42.7 Subd. 5. Paper pull-tab and tipboard flares. (a) A manufacturer may not ship or
42.8cause to be shipped into this state or sell for use or resale in this state any deal of paper
42.9pull-tabs or tipboards that does not have its own individual flare as required for that deal
42.10by this subdivision and rule of the board. A person other than a manufacturer may not
42.11manufacture, alter, modify, or otherwise change a flare for a deal of paper pull-tabs or
42.12tipboards except as allowed by this chapter or board rules.
42.13(b) The flare of each paper pull-tab and tipboard game must have affixed to
42.14or imprinted at the bottom a bar code that provides all information required by the
42.15commissioner of revenue under section
42.16The serial number included in the bar code must be the same as the serial number
42.17of the tickets included in the deal. A manufacturer who manufactures a deal of paper
42.18pull-tabs must affix to the outside of the box containing that game the same bar code that
42.19is affixed to or imprinted at the bottom of a flare for that deal.
42.20(c) No person may alter the bar code that appears on the outside of a box containing
42.21a deal of paper pull-tabs and tipboards. Possession of a box containing a deal of paper
42.22pull-tabs and tipboards that has a bar code different from the bar code of the deal inside
42.23the box is prima facie evidence that the possessor has altered the bar code on the box.
42.24(d) The flare of each deal of paper pull-tabs and tipboards sold by a manufacturer for
42.25use or resale in Minnesota must have imprinted on it a symbol that is at least one inch high
42.26and one inch wide consisting of an outline of the geographic boundaries of Minnesota
42.27with the letters "MN" inside the outline. The flare must be placed inside the wrapping of
42.28the deal which the flare describes.
42.29(e) Each paper pull-tab and tipboard flare must bear the following statement printed
42.30in letters large enough to be clearly legible:
42.31"Pull-tab (or tipboard) purchasers -- This pull-tab (or tipboard) game is not legal in
42.32Minnesota unless:
42.33-- an outline of Minnesota with letters "MN" inside it is imprinted on this sheet, and
42.34-- the serial number imprinted on the bar code at the bottom of this sheet is the same
42.35as the serial number on the pull-tab (or tipboard) ticket you have purchased."
43.1(f) The flare of each paper pull-tab and tipboard game must have the serial number
43.2of the game imprinted on the bar code at the bottom of the flare in numerals at least
43.3one-half inch high.
43.4 Sec. 25. Minnesota Statutes 2010, section 349.163, subdivision 6, is amended to read:
43.5 Subd. 6. Samples of gambling equipment. (a) The board shall require each
43.6licensed manufacturer to submit to the board one or more samples of each item of gambling
43.7equipment
43.8For purposes of this subdivision, a manufacturer is also required to submit the applicable
43.9version of any software necessary to operate electronic devices and related systems.
43.10(b) The board shall inspect and test all the equipment, including software and
43.11software upgrades, it deems necessary to determine the equipment's compliance with
43.12law and board rules. Samples required under this subdivision must be approved by the
43.13board before the equipment being sampled is shipped into or sold for use or resale in this
43.14state. The board shall impose a fee of $25 for each item of gambling equipment that the
43.15manufacturer submits for approval or for which the manufacturer requests approval. The
43.16board shall impose a fee of $100 for each sample of gambling equipment that it tests.
43.17(c) The board may require samples of gambling equipment to be tested by an
43.18independent testing laboratory prior to submission to the board for approval. All costs
43.19of testing by an independent testing laboratory must be borne by the manufacturer. An
43.20independent testing laboratory used by a manufacturer to test samples of gambling
43.21equipment must be approved by the board before the equipment is submitted to the
43.22laboratory for testing.
43.23(d) The board may request the assistance of the commissioner of public safety and
43.24the director of the State Lottery in performing the tests.
43.25 Sec. 26. Minnesota Statutes 2010, section 349.1635, subdivision 2, is amended to read:
43.26 Subd. 2. License application. The board may issue a license to a linked bingo game
43.27provider or to a manufacturer licensed under section 349.163 who meets the qualifications
43.28of this chapter and the rules promulgated by the board. The application shall be on a form
43.29prescribed by the board. The license is valid for two years and the fee for a linked bingo
43.30game provider license is $5,000 per year.
43.31 Sec. 27. Minnesota Statutes 2010, section 349.1635, subdivision 3, is amended to read:
43.32 Subd. 3. Attachments to application. An applicant for a linked bingo game
43.33provider license must attach to its application:
44.1(1) evidence of a bond in the principal amount of $100,000 payable to the state of
44.2Minnesota conditioned on the payment of all linked bingo prizes and any other money due
44.3and payable under this chapter;
44.4(2) detailed plans and specifications for the operation of the linked bingo game and
44.5the linked bingo system, along with a proposed fee schedule for the cost of providing
44.6services and equipment to licensed organizations which may not exceed ... percent of
44.7gross profits. The fee schedule must incorporate costs paid to distributors for services
44.8provided under subdivision 5; and
44.9(3) any other information required by the board by rule.
44.10 Sec. 28. Minnesota Statutes 2010, section 349.1635, is amended by adding a
44.11subdivision to read:
44.12 Subd. 5. Linked bingo game services requirements. (a) A linked bingo game
44.13provider must contract with licensed distributors for linked bingo game services including,
44.14but not limited to, the solicitation of agreements with licensed organizations, and
44.15installation, repair, or maintenance of the linked bingo game system.
44.16(b) A distributor may not charge a fee to licensed organizations for services
44.17authorized and rendered under paragraph (a).
44.18(c) A linked bingo game provider may not contract with any distributor on an
44.19exclusive basis.
44.20(d) A linked bingo game provider may refuse to contract with a licensed distributor
44.21if the linked bingo game provider demonstrates that the licensed distributor is not capable
44.22of performing the services under the contract.
44.23 Sec. 29. Minnesota Statutes 2010, section 349.17, subdivision 6, is amended to read:
44.24 Subd. 6. Conduct of bingo. The price of a face played on an electronic bingo
44.25device may not be less than the price of a face on a bingo paper sheet sold for the same
44.26game at the same occasion. A game of bingo begins with the first letter and number called
44.27or displayed. Each player must cover, mark, or activate the numbers when bingo numbers
44.28are randomly selected
44.29
44.30bingo hard card, or a facsimile of a bingo paper sheet, has completed, as described in the
44.31bingo program, a previously designated pattern or previously determined requirements
44.32of the game and declared bingo. The game is completed when a winning card, sheet, or
44.33facsimile is verified and a prize awarded pursuant to subdivision 3.
45.1 Sec. 30. Minnesota Statutes 2010, section 349.17, subdivision 7, is amended to read:
45.2 Subd. 7. Bar bingo. An organization may conduct bar bingo subject to the
45.3following restrictions:
45.4 (1) the bingo is conducted at a site the organization owns or leases and which has a
45.5license for the sale of intoxicating beverages on the premises under chapter 340A; and
45.6 (2) the bingo is conducted using only bingo paper sheets or facsimiles of bingo paper
45.7sheets purchased from a licensed distributor or licensed linked bingo game provider
45.8
45.9 Sec. 31. Minnesota Statutes 2010, section 349.17, subdivision 8, is amended to read:
45.10 Subd. 8. Linked bingo games. (a) A licensed organization may conduct or
45.11participate in
45.12including a progressive game in which a portion of the prize is carried over from one
45.13
45.14amount of bingo numbers called.
45.15 (b)
45.16
45.17conducted by licensed organizations who have a valid agreement with the linked bingo
45.18game provider.
45.19 (c) An electronic bingo device as defined in section
45.20be used for a linked bingo game.
45.21 (d) The board may adopt rules to:
45.22 (1) specify the manner in which a linked bingo game must be played and how the
45.23linked bingo prizes must be awarded;
45.24 (2) specify the records to be maintained by a linked bingo game provider;
45.25 (3) require the submission of periodic reports by the linked bingo game provider and
45.26specify the content of the reports;
45.27 (4) establish the qualifications required to be licensed as a linked bingo game
45.28provider; and
45.29 (5) any other matter involving the operation of a linked bingo game.
45.30 Sec. 32. Minnesota Statutes 2010, section 349.17, is amended by adding a subdivision
45.31to read:
45.32 Subd. 9. Linked bingo games played exclusively on electronic bingo devices. In
45.33addition to the requirements of subdivision 8, the following requirements and restrictions
45.34apply when linked bingo games are played exclusively on electronic bingo devices:
46.1(a) The permitted premises must be:
46.2(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent
46.3malt beverages, except for a general food store or drug store permitted to sell alcoholic
46.4beverages under section 340A.405, subdivision 1; or
46.5(2) a premises where bingo is conducted as the primary business and has a seating
46.6capacity of at least 100.
46.7(b) The number of electronic bingo devices is limited to:
46.8(1) no more than six devices in play for permitted premises with 200 seats or less;
46.9(2) no more than 12 devices in play for permitted premises with 201 seats or more;
46.10and
46.11(3) no more than 50 devices in play for permitted premises where bingo is the
46.12primary business.
46.13Seating capacity is determined as specified under the local fire code.
46.14(c) Prior to a bingo occasion, the linked bingo game provider, on behalf of the
46.15participating organizations, must provide to the board a bingo program in a format
46.16prescribed by the board.
46.17(d) Before participating in the play of a linked bingo game, a player must present
46.18and register a valid picture identification card that includes the player's address and
46.19date of birth.
46.20(e) An organization may remove from play a device that a player has not maintained
46.21in an activated mode for a specified period of time determined by the organization. The
46.22organization must provide the notice in its house rules.
46.23 Sec. 33. Minnesota Statutes 2010, section 349.1721, is amended to read:
46.24349.1721 CONDUCT OF PULL-TABS.
46.25 Subdivision 1. Cumulative or carryover games. The board shall by rule permit
46.26pull-tab games with multiple seals. The board shall also adopt rules for pull-tab games with
46.27cumulative or carryover prizes. The rules shall also apply to electronic pull-tab games.
46.28 Subd. 2. Event games. The board shall by rule permit pull-tab games in which
46.29certain winners are determined by the random selection of one or more bingo numbers
46.30or by another method approved by the board. The rules shall also apply to electronic
46.31pull-tab games.
46.32 Subd. 3. Pull-tab dispensing device location restrictions and requirements.
46.33The following pertain to pull-tab dispensing devices as defined under section 349.12,
46.34subdivision 32a.
47.1(a) The use of any pull-tab dispensing device must be at a permitted premises
47.2which is:
47.3(1) a licensed premises for on-sale of intoxicating liquor or 3.2 percent malt
47.4beverages;
47.5(2) a premises where bingo is conducted as the primary business; or
47.6(3) an establishment licensed for the off-sale of intoxicating liquor, other than drug
47.7stores and general food stores licensed under section 340A.405, subdivision 1.
47.8(b) The number of pull-tab dispensing devices located at any permitted premises
47.9is limited to three.
47.10 Subd. 4. Electronic pull-tab device requirements and restrictions. The following
47.11pertain to the use of electronic pull-tab devices as defined under section 349.12,
47.12subdivision 12b.
47.13(a) The use of any electronic pull-tab device must be at a permitted premises that is:
47.14(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent
47.15malt beverages, except for a general food store or drug store permitted to sell alcoholic
47.16beverages under section 340A.405, subdivision 1; or
47.17(2) a premises where bingo is conducted as the primary business and has a seating
47.18capacity of at least 100; and
47.19(3) where the sale of paper pull-tabs is conducted by the licensed organization.
47.20(b) The number of electronic pull-tab devices is limited to:
47.21(1) no more than six devices in play at any permitted premises with 200 seats or less;
47.22(2) no more than 12 devices in play at any permitted premises with 201 seats
47.23or more; and
47.24(3) no more than 50 devices in play at any permitted premises where the primary
47.25business is bingo.
47.26Seating capacity is determined as specified under the local fire code.
47.27(c) The hours of operation for the devices are limited to 8:00 a.m. to 2:00 a.m.
47.28(d) All electronic pull-tab games must be sold and played on the permitted premises
47.29and may not be linked to other permitted premises.
47.30(e) Electronic pull-tab games may not be transferred electronically or otherwise to
47.31any other location by the licensed organization.
47.32(f) Electronic pull-tab games may be commingled if the games are from the same
47.33family of games and manufacturer and contain the same game name, form number, type
47.34of game, ticket count, prize amounts, and prize denominations. Each commingled game
47.35must have a unique serial number.
48.1(g) An organization may remove from play a device that a player has not maintained
48.2in an activated mode for a specified period of time determined by the organization. The
48.3organization must provide the notice in its house rules.
48.4(h) Before participating in the play of an electronic pull-tab game, a player must
48.5present and register a valid picture identification card that includes the player's address
48.6and date of birth.
48.7(i) Each player is limited to the use of one device at a time.
48.8 Sec. 34. Minnesota Statutes 2010, section 349.18, subdivision 1, is amended to read:
48.9 Subdivision 1. Lease or ownership required; rent limitations. (a) An organization
48.10may conduct lawful gambling only on premises it owns or leases. Leases must be on a
48.11form prescribed by the board. The term of the lease is concurrent with the premises permit.
48.12Leases approved by the board must specify that the board may authorize an organization
48.13to withhold rent from a lessor for a period of up to 90 days if the board determines that
48.14illegal gambling occurred on the premises or that the lessor or its employees participated
48.15in the illegal gambling or knew of the gambling and did not take prompt action to stop the
48.16gambling. The lease must authorize the continued tenancy of the organization without
48.17the payment of rent during the time period determined by the board under this paragraph.
48.18Copies of all leases must be made available to employees of the board and the Division of
48.19Alcohol and Gambling Enforcement on request.
48.20 (b) Rent paid by an organization for leased premises for the conduct of
48.21
48.22restrictions:
48.23 (1) For booth operations,
48.24
48.25
48.26
48.27for that month.
48.28
48.29
48.30
48.31
48.32
48.33 (2) For bar operations,
48.34
49.1
49.2the gross profits for that month.
49.3
49.4
49.5
49.6
49.7
49.8 (3)
49.9
49.10are operated for separate time periods within a business day by an organization and the
49.11lessor, monthly rent may not be more than:
49.12(i) 15 percent of the gross profits for that month for the time periods operated by
49.13the lessor. The lessor is responsible for cash shortages that occur during the time periods
49.14the games are operated by the lessor; and
49.15(ii) ten percent of gross profits for that month for the time periods operated by the
49.16organization. The organization is responsible for cash shortages that occur during the time
49.17periods the games are operated by the organization.
49.18
49.19
49.20
49.21
49.22
49.23bingo, rent is limited to either not more than ten percent of the monthly gross profit from
49.24all lawful gambling activities held during bingo occasions, excluding bar bingo or at a
49.25rate based on a cost per square foot not to exceed 110 percent of a comparable cost per
49.26square foot for leased space as approved by the director
49.27
49.28(6) A lease not governed by clauses (1) to (5) must be approved by the director
49.29before becoming effective.
49.30
49.31expenses provided or contracted by the lessor may be paid by the organization, including,
49.32but not limited to, trash removal, janitorial and cleaning services, snow removal, lawn
49.33services, electricity, heat, security, security monitoring, storage, and other utilities or
49.34services,
49.35director. The lessor shall be responsible for the cost of any communications network or
49.36service required to conduct electronic pull-tab games or electronic bingo games. Any
50.1other expenditure made by an organization that is related to a leased premises must be
50.2approved by the director. For bar operations, the lessor is responsible for cash shortages.
50.3An organization may not provide any compensation or thing of value to a lessor or the
50.4lessor's employees from any fund source other than its gambling account. Rent payments
50.5may not be made to an individual.
50.6
50.7or beverages or meeting room rental if the charge made is comparable to similar charges
50.8made to other individuals or groups.
50.9
50.10
50.11 Sec. 35. Minnesota Statutes 2010, section 349.19, subdivision 2, is amended to read:
50.12 Subd. 2. Accounts. (a) Gross receipts from lawful gambling by each organization
50.13must be segregated from all other revenues of the conducting organization and placed in a
50.14separate gambling bank account.
50.15(b) All expenditures for allowable expenses, taxes, and lawful purposes must be
50.16made from the separate account except (1) in the case of expenditures previously approved
50.17by the organization's membership for emergencies as defined by board rule, (2) as provided
50.18in subdivision 2a, or (3) when restricted to one electronic fund transaction for the payment
50.19of taxes for the organization as a whole, the organization may transfer the amount of taxes
50.20related to the conduct of gambling to the general account at the time when due and payable.
50.21(c) The name and address of the bank, the account number for the separate account,
50.22and the names of organization members authorized as signatories on the separate account
50.23must be provided to the board when the application is submitted. Changes in the
50.24information must be submitted to the board at least ten days before the change is made.
50.25(d) Except for gambling receipts from electronic pull-tab games and linked
50.26electronic bingo games, gambling receipts must be deposited into the gambling bank
50.27account within four business days of completion of the bingo occasion, deal, or game from
50.28which they are received.
50.29(1) A deal of paper pull-tabs is considered complete when either the last pull-tab of
50.30the deal is sold or the organization does not continue the play of the deal during the next
50.31scheduled period of time in which the organization will conduct pull-tabs.
50.32(2) A tipboard game is considered complete when the seal on the game flare is
50.33uncovered or the organization does not continue the play of the deal during the next
50.34scheduled period of time in which the organization will conduct tipboards.
51.1(e) Gambling receipts from all electronic pull-tab games and all linked electronic
51.2bingo games must be recorded on a daily basis and deposited into the gambling bank
51.3account within two business days.
51.4
51.5from each bingo occasion, deal, or game at each permitted premises.
51.6
51.7the same person who accounts for other revenues of the organization.
51.8 Sec. 36. Minnesota Statutes 2010, section 349.19, subdivision 3, is amended to read:
51.9 Subd. 3. Expenditures. (a) All expenditures of gross profits from lawful gambling
51.10must be itemized as to payee, purpose, amount, and date of payment.
51.11(b) Each licensed organization must report monthly to the board
51.12electronic format prescribed by the board each expenditure or contribution of net profits
51.13from lawful gambling. The reports must provide for each expenditure or contribution:
51.14(1) the name of the recipient of the expenditure or contribution;
51.15(2) the date the expenditure or contribution was approved by the organization;
51.16(3) the date, amount, and check number or electronic transfer confirmation number
51.17of the expenditure or contribution;
51.18(4) a brief description of how the expenditure or contribution meets one or more of
51.19the purposes in section
51.20(5) in the case of expenditures authorized under section
51.21paragraph (a), clause (7), whether the expenditure is for a facility or activity that primarily
51.22benefits male or female participants.
51.23(c) Authorization of the expenditures must be recorded in the monthly meeting
51.24minutes of the licensed organization.
51.25(d) Checks or authorizations for electronic fund transfers for expenditures of gross
51.26profits must be signed by at least two persons authorized by board rules to sign the
51.27checks or authorizations.
51.28(e) Expenditures of gross profits from lawful gambling for local, state, and federal
51.29taxes as identified in section
51.30transferred electronically from the organization's gambling account directly to bank
51.31accounts identified by local, state, or federal agencies if the organization's gambling
51.32account monthly bank statement specifically identifies the payee by name, the amount
51.33transferred, and the date of the transaction.
51.34(f) Expenditures of gross profits from lawful gambling for payments for lawful
51.35purpose expenditures and allowable expenses may be transferred electronically from the
52.1organization's gambling account directly to bank accounts identified by the vendor if the
52.2organization's gambling account monthly bank statement specifically identifies the payee
52.3by name, the amount transferred, the account number of the account into which the funds
52.4were transferred, and the date of the transaction.
52.5(g) Expenditures of gross profits from lawful gambling for payroll compensation
52.6to an employee's account and for the payment of local, state, and federal withholding
52.7taxes may be transferred electronically to and from the account of a payroll processing
52.8firm provided that the firm:
52.9(1) is currently registered with and meets the criteria of the Department of Revenue
52.10as a third-party bulk filer under section
52.11(2) is able to provide proof of a third-party audit and an annual report and statement
52.12of financial condition;
52.13(3) is able to provide evidence of a fidelity bond; and
52.14(4) can provide proof of having been in business as a third-party bulk filer for the
52.15most recent three years.
52.16(h) Electronic payments of taxes, lawful purpose expenditures, and allowable
52.17expenses are permitted only if they have been authorized by the membership, the
52.18organization maintains supporting documentation, and the expenditures can be verified.
52.19 Sec. 37. Minnesota Statutes 2010, section 349.19, subdivision 5, is amended to read:
52.20 Subd. 5. Reports. (a) A licensed organization must report monthly to the
52.21
52.22membership
52.23
52.24on its gross receipts, expenses, profits, and expenditure of profits from lawful gambling
52.25for each permitted premises. The organization must account for and report on each form
52.26of lawful gambling conducted. The
52.27the organization's profit carryover with its cash balance on hand.
52.28
52.29
52.30(b) The organization must report
52.31
52.32
52.33commissioner of revenue as required under section 297E.06.
52.34
52.35
53.1
53.2
53.3
53.4
53.5
53.6
53.7
53.8 Sec. 38. Minnesota Statutes 2010, section 349.19, subdivision 10, is amended to read:
53.9 Subd. 10. Pull-tab records. (a) The board shall by rule require a licensed
53.10organization to require each winner of a paper pull-tab prize of $50 or more to present
53.11identification in the form of a driver's license, Minnesota identification card, or other
53.12identification the board deems sufficient to allow the identification and tracking of the
53.13winner. The rule must require the organization to retain winning paper pull-tabs of $50 or
53.14more, and the identification of the winner of the pull-tab, for 3-1/2 years.
53.15 (b) An organization must maintain separate cash banks for each deal of paper
53.16pull-tabs unless (1) the licensed organization uses a pull-tab dispensing device, or (2) the
53.17organization uses a cash register, of a type approved by the board, which records all
53.18sales of paper pull-tabs by separate deals.
53.19 (c) The board shall:
53.20 (1) by rule adopt minimum technical standards for cash registers that may be used
53.21by organizations, and shall approve for use by organizations any cash register that meets
53.22the standards; and
53.23 (2) before allowing an organization to use a cash register that commingles receipts
53.24from several different paper pull-tab games in play, adopt rules that define how cash
53.25registers may be used and that establish a procedure for organizations to reconcile all
53.26pull-tab games in play at the end of each month.
53.27 Sec. 39. Minnesota Statutes 2010, section 349.211, subdivision 1a, is amended to read:
53.28 Subd. 1a. Linked bingo prizes. Prizes for a linked bingo game shall be limited
53.29as follows:
53.30(1)
53.31
53.32an organization may not contribute to a linked bingo game prize pool more than $300
53.33per linked bingo game per site;
54.1(2) for linked bingo games played exclusively with electronic bingo devices, an
54.2organization may not contribute more than 85 percent of the gross receipts per permitted
54.3premises to a linked bingo game prize pool;
54.4
54.5consolation prize. For purposes of this subdivision, a linked bingo game consolation
54.6prize is a prize awarded by an organization after a prize from the linked bingo prize pool
54.7has been won;
54.8
54.9
54.10
54.11may be carried over to another
54.12is won. The portion of the prize that is not carried over must be awarded to the first
54.13player or players who declares a valid bingo as additional numbers are called. If a valid
54.14bingo is declared within the predetermined amount of bingo numbers called, the entire
54.15prize pool for that game is awarded to the winner
54.16
54.17
54.18(5) for linked bingo games played exclusively with electronic bingo devices, linked
54.19bingo prizes in excess of $599 shall be paid by the linked bingo game provider to the
54.20player within three business days. Winners of linked bingo prizes in excess of $599 will
54.21be given a receipt or claim voucher as proof of a win.
54.22 Sec. 40. Minnesota Statutes 2010, section 349.2127, subdivision 2, is amended to read:
54.23 Subd. 2. Prohibition against possession. (a) A person is guilty of a crime who sells,
54.24offers for sale, or possesses a pull-tab or tipboard deal or paddle ticket cards not stamped
54.25or bar coded in accordance with the provisions of this chapter or chapter 297E. A violation
54.26of this paragraph is a gross misdemeanor if it involves ten or fewer pull-tab or tipboard
54.27deals. A violation of this paragraph is a felony if it involves more than ten pull-tab or
54.28tipboard deals, or a combination of more than ten deals of pull-tabs and tipboards.
54.29(b) A person, other than a licensed manufacturer, a licensed distributor, or an
54.30organization licensed or exempt or excluded from licensing under this chapter, is guilty of
54.31a crime who sells, offers to sell, or possesses gambling equipment. A violation of this
54.32paragraph is a gross misdemeanor if it involves ten or fewer pull-tab or tipboard deals.
54.33A violation of this paragraph is a felony if it involves more than ten pull-tab or tipboard
54.34deals, or a combination of more than ten deals of pull-tabs and tipboards.
55.1(c) A person is guilty of a crime who alters, modifies, or counterfeits pull-tabs,
55.2tipboards, or tipboard tickets, or possesses altered, modified, or counterfeit pull-tabs,
55.3tipboards, or tipboard tickets. A violation of this paragraph is a gross misdemeanor if
55.4the total face value for all such pull-tabs, tipboards, or tipboard tickets does not exceed
55.5$200. A violation of this paragraph is a felony if the total face value exceeds $200. For
55.6purposes of this paragraph, the face value of all pull-tabs, tipboards, and tipboard tickets
55.7altered, modified, or counterfeited within a six-month period may be aggregated and the
55.8defendant charged accordingly.
55.9(d) A person, other than a licensed distributor or licensed manufacturer, is guilty of a
55.10crime who possesses a pull-tab or tipboard deal for which the person, upon demand of
55.11a licensed peace officer or authorized agent of the commissioner of revenue or director
55.12of alcohol and gambling enforcement, does not immediately produce for inspection the
55.13invoice or a true and correct copy of the invoice for the acquisition of the deal from a
55.14licensed distributor. A violation of this paragraph is a gross misdemeanor if it involves
55.15ten or fewer pull-tab or tipboard deals. A violation of this paragraph is a felony if it
55.16involves more than ten pull-tab or tipboard deals, or a combination of more than ten deals
55.17of pull-tabs and tipboards. This paragraph does not apply to pull-tab and tipboard deals
55.18being transported in interstate commerce between locations outside this state.
55.19(e) A person, other than a licensed distributor, licensed linked bingo game provider,
55.20or licensed manufacturer, who removes or possesses an electronic bingo device or
55.21electronic pull-tab device from a licensed organization is guilty of a felony.
55.22 Sec. 41. APPROPRIATION.
55.23(a) $72,000,000 from the general fund is annually appropriated to the stadium
55.24account created under Minnesota Statutes 2010, section 473.5995, for the payment of
55.25bonds authorized under this act. This appropriation shall be made for a term to be
55.26determined by the commissioner of management and budget, not to exceed the time
55.27necessary to complete payments on the bonds.
55.28(b) The commissioner of management and budget shall determine the annual
55.29funds available from all sources, including electronic bingo and pull-tabs, tax increment
55.30contributions from Ramsey County, and transportation funds, and shall be authorized to
55.31allow the authority to use all funds made available under paragraph (a) for any of the
55.32stated purposes of this act.
55.33(c) Any residual funds appropriated under paragraph (a) that are not, in the estimation
55.34of the commissioner, needed for the purposes of paragraph (b), shall be transferred
55.35annually to the commissioner of revenue. The commissioner of revenue shall establish a
56.1rebate program, which shall return the funds available under this paragraph to licensed
56.2lawful gambling organizations, according to the relative amount of taxes paid in the last
56.3prior calendar year by each organization licensed under Minnesota Statutes, chapter 349.
56.6 Section 1. Minnesota Statutes 2010, section 297A.992, is amended by adding a
56.7subdivision to read:
56.8 Subd. 5a. Temporary allocations. (a) Notwithstanding the provisions of this
56.9section except subdivision 6a, clause (1), of the revenue collected under this section, the
56.10joint powers board shall:
56.11(1) allocate to the Metropolitan Council, in fiscal year 2012, an amount not less
56.12than 75 percent of the net cost of operations for those transit ways that were receiving
56.13metropolitan sales tax funds through an operating grant agreement on June 30, 2011; and
56.14(2) allocate to the commissioner of management and budget all available funds,
56.15annually until the total amount allocated equals $101,000,000, or until the commissioner
56.16determines that sufficient funds have been transferred to cover the debt service obligations
56.17of the state, in the event that appropriations bonds are sold by the state in the amount of
56.18$101,000,000.
56.19(b) The Metropolitan Council shall expend any funds allocated to it under paragraph
56.20(a) for the operations of the specified transit ways solely within those counties that are in
56.21the metropolitan transportation area.
56.22(c) Nothing in paragraph (a) or (b) prevents grant awards to the Metropolitan
56.23Council for capital and operating assistance for transit ways and park-and-ride facilities
56.24subsequent to the required allocations under paragraph (a).
56.25(d) The commissioner of management and budget shall deposit the funds allocated
56.26under paragraph (a) into the stadium account created under Minnesota Statutes 2010,
56.27section 473.5995.
56.28EFFECTIVE DATE.This section is effective the day following final enactment.
