Bill Text: MN HF2810 | 2011-2012 | 87th Legislature | Engrossed

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Bill Title: Vikings stadium; National Football League Stadium in Minnesota provided for; Minnesota Stadium Authority established; Metropolitan Sports Facilities Commission abolished; local tax revenue use provided for; electronic pull-tab, electronic linked bingo, and sports-themed tipboard games provided for; conditional imposition of taxes and collection of other revenues provided for; tax rates on lawful gambling modified; state appropriation bonds issued; and money appropriated.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Introduced - Dead) 2012-04-19 - Motion prevailed vote: 68-59 [HF2810 Detail]

Download: Minnesota-2011-HF2810-Engrossed.html

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A bill for an act

relating to stadiums; providing for a new National Football League stadium in
Minnesota; establishing a Minnesota Stadium Authority; authorizing the sale
and issuance of state appropriation bonds; abolishing the Metropolitan Sports
Facilities Commission; providing for use of certain local tax revenue; providing
for electronic pull-tab games, electronic linked bingo games, and sports-themed
tipboard games; providing for the conditional imposition of certain taxes and
collection of other revenues; modifying certain rates of tax on lawful gambling;
appropriating money;amending Minnesota Statutes 2010, sections 3.971,
subdivision 6; 3.9741, by adding a subdivision; 13.55, subdivision 1; 297A.71,
by adding subdivisions; 297A.75, as amended; 297E.01, subdivisions 7, 8,
9; 297E.02, subdivisions 1, 3, 6, 7, 10, 11, by adding subdivisions; 297E.13,
subdivision 5; 349.12, subdivisions 3b, 3c, 5, 6a, 12a, 18, 25b, 25c, 25d, 29, 31,
32, 34, 35, by adding subdivisions; 349.13; 349.151, subdivisions 4b, 4c, by
adding subdivisions; 349.155, subdivisions 3, 4; 349.161, subdivisions 1, 5;
349.162, subdivision 5; 349.163, subdivisions 1, 5, 6; 349.1635, subdivisions
2, 3, by adding a subdivision; 349.165, subdivision 2; 349.17, subdivisions 6,
7, 8, by adding a subdivision; 349.1711, subdivisions 1, 2; 349.1721; 349.18,
subdivision 1; 349.19, subdivisions 2, 3, 5, 10; 349.211, subdivisions 1a, 2c;
352.01, subdivision 2a; 473.121, subdivision 5a; 473.164; 473.565, subdivision
1; Minnesota Statutes 2011 Supplement, sections 10A.01, subdivision 35;
340A.404, subdivision 1; 473.757, subdivision 11; Laws 1986, chapter 396,
sections 4, as amended; 5, as amended; proposing coding for new law in
Minnesota Statutes, chapters 16A; 297A; 349A; proposing coding for new law as
Minnesota Statutes, chapter 473J; repealing Minnesota Statutes 2010, sections
297E.02, subdivision 4; 473.551; 473.552; 473.553, subdivisions 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13; 473.556, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 16, 17; 473.561; 473.564, subdivisions 2, 3; 473.572; 473.581; 473.592,
subdivision 1; 473.595; 473.598; 473.599; 473.76.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

MINNESOTA STADIUM AUTHORITY

    Section 1. Minnesota Statutes 2010, section 3.971, subdivision 6, is amended to read:
    Subd. 6. Financial audits. The legislative auditor shall audit the financial
statements of the state of Minnesota required by section 16A.50 and, as resources permit,
shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
agencies, departments, boards, commissions, courts, and other state organizations subject
to audit by the legislative auditor, including the State Agricultural Society, Agricultural
Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
Metropolitan Sports Facilities Commission, Minnesota Stadium Authority, Metropolitan
Airports Commission, and Metropolitan Mosquito Control District. Financial audits
must be conducted according to generally accepted government auditing standards. The
legislative auditor shall see that all provisions of law respecting the appropriate and
economic use of public funds are complied with and may, as part of a financial audit or
separately, investigate allegations of noncompliance.

    Sec. 2. Minnesota Statutes 2010, section 3.9741, is amended by adding a subdivision
to read:
    Subd. 4. Minnesota Stadium Authority. Upon the audit of the financial accounts
and affairs of the Minnesota Stadium Authority, the authority is liable to the state for the
total cost and expenses of the audit, including the salaries paid to the examiners while
actually engaged in making the examination. The legislative auditor may bill the authority
either monthly or at the completion of the audit. All collections received for the audits
must be deposited in the general fund.

    Sec. 3. Minnesota Statutes 2011 Supplement, section 10A.01, subdivision 35, is
amended to read:
    Subd. 35. Public official. "Public official" means any:
    (1) member of the legislature;
    (2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;
    (3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
    (4) solicitor general or deputy, assistant, or special assistant attorney general;
    (5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
    (6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
    (7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
    (8) executive director of the State Board of Investment;
    (9) deputy of any official listed in clauses (7) and (8);
    (10) judge of the Workers' Compensation Court of Appeals;
    (11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;
    (12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
    (13) member or chief administrator of a metropolitan agency;
    (14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;
    (15) member or executive director of the Higher Education Facilities Authority;
    (16) member of the board of directors or president of Enterprise Minnesota, Inc.;
    (17) member of the board of directors or executive director of the Minnesota State
High School League;
    (18) member of the Minnesota Ballpark Authority established in section 473.755;
    (19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
    (20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;
    (21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism;
    (23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
section 97A.056; or
(24) a citizen member of the Clean Water Council established in section 114D.30.; or
(25) member or chief executive of the Minnesota Stadium Authority established
in section 473J.07.

    Sec. 4. Minnesota Statutes 2010, section 297A.71, is amended by adding a subdivision
to read:
    Subd. 43. Building materials; football stadium. Materials and supplies used or
consumed in, and equipment incorporated into, the construction or improvement of the
football stadium and stadium infrastructure as defined in section 473J.03, subdivisions 7
and 9, are exempt. This subdivision expires one year after the date that the first National
Football League game is played in the stadium for materials, supplies, and equipment used
in the construction and equipping of the stadium, and five years after the issuance of the
first bonds under article 2 for materials, supplies, and equipment used in the stadium
infrastructure.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 5. Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 1, is
amended to read:
    Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to
the following establishments located within its jurisdiction:
(1) hotels;
(2) restaurants;
(3) bowling centers;
(4) clubs or congressionally chartered veterans organizations with the approval of
the commissioner, provided that the organization has been in existence for at least three
years and liquor sales will only be to members and bona fide guests, except that a club
may permit the general public to participate in a wine tasting conducted at the club under
section 340A.419;
(5) sports facilities, restaurants, clubs, or bars located on land owned or leased by
the Minnesota Stadium Authority;
(5) (6) sports facilities located on land owned by the Metropolitan Sports
Commission; and
(6) (7) exclusive liquor stores.
(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
ordinance, or charter provision. A license issued under this paragraph authorizes sales on
all days of the week to persons attending events at the theater.
(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a convention center within the city, notwithstanding
any law, local ordinance, or charter provision. A license issued under this paragraph
authorizes sales on all days of the week to persons attending events at the convention
center. This paragraph does not apply to convention centers located in the seven-county
metropolitan area.
(d) A city may issue an on-sale wine license and an on-sale malt liquor license to
a person who is the owner of a summer collegiate league baseball team, or to a person
holding a concessions or management contract with the owner, for beverage sales at a
ballpark or stadium located within the city for the purposes of summer collegiate league
baseball games at the ballpark or stadium, notwithstanding any law, local ordinance, or
charter provision. A license issued under this paragraph authorizes sales on all days of the
week to persons attending baseball games at the ballpark or stadium.

    Sec. 6. Minnesota Statutes 2010, section 352.01, subdivision 2a, is amended to read:
    Subd. 2a. Included employees. (a) "State employee" includes:
    (1) employees of the Minnesota Historical Society;
    (2) employees of the State Horticultural Society;
    (3) employees of the Minnesota Crop Improvement Association;
    (4) employees of the adjutant general whose salaries are paid from federal funds and
who are not covered by any federal civilian employees retirement system;
    (5) employees of the Minnesota State Colleges and Universities who are employed
under the university or college activities program;
    (6) currently contributing employees covered by the system who are temporarily
employed by the legislature during a legislative session or any currently contributing
employee employed for any special service as defined in subdivision 2b, clause (8);
    (7) employees of the legislature who are appointed without a limit on the duration
of their employment and persons employed or designated by the legislature or by a
legislative committee or commission or other competent authority to conduct a special
inquiry, investigation, examination, or installation;
    (8) trainees who are employed on a full-time established training program
performing the duties of the classified position for which they will be eligible to receive
immediate appointment at the completion of the training period;
    (9) employees of the Minnesota Safety Council;
    (10) any employees who are on authorized leave of absence from the Transit
Operating Division of the former Metropolitan Transit Commission and who are employed
by the labor organization which is the exclusive bargaining agent representing employees
of the Transit Operating Division;
    (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito
Control Commission unless excluded under subdivision 2b or are covered by another
public pension fund or plan under section 473.415, subdivision 3;
    (12) judges of the Tax Court;
    (13) personnel who were employed on June 30, 1992, by the University of
Minnesota in the management, operation, or maintenance of its heating plant facilities,
whose employment transfers to an employer assuming operation of the heating plant
facilities, so long as the person is employed at the University of Minnesota heating plant
by that employer or by its successor organization;
    (14) personnel who are employed as seasonal employees in the classified or
unclassified service;
    (15) persons who are employed by the Department of Commerce as a peace officer
in the Insurance Fraud Prevention Division under section 45.0135 who have attained the
mandatory retirement age specified in section 43A.34, subdivision 4;
    (16) employees of the University of Minnesota unless excluded under subdivision
2b, clause (3);
    (17) employees of the Middle Management Association whose employment began
after July 1, 2007, and to whom section 352.029 does not apply; and
    (18) employees of the Minnesota Government Engineers Council to whom section
352.029 does not apply.; and
(19) employees of the Minnesota Stadium Authority.
    (b) Employees specified in paragraph (a), clause (13), are included employees under
paragraph (a) if employer and employee contributions are made in a timely manner in the
amounts required by section 352.04. Employee contributions must be deducted from
salary. Employer contributions are the sole obligation of the employer assuming operation
of the University of Minnesota heating plant facilities or any successor organizations to
that employer.

    Sec. 7. [473J.01] PURPOSE.
The purpose of this chapter is to provide for the construction, financing, and
long-term use of a stadium and related stadium infrastructure as a venue for professional
football and a broad range of other civic, community, athletic, educational, cultural,
and commercial activities. The legislature finds and declares that the expenditure of
public money for this purpose is necessary and serves a public purpose, and that property
acquired by the Minnesota Stadium Authority for the construction of the stadium and
related stadium infrastructure is acquired for a public use or public purpose under chapter
117. The legislature further finds and declares that any provision in a lease or use
agreement with a professional football team that requires the team to play all of its home
games in a publicly funded stadium for the duration of the lease or use agreement, with the
occasional exception of a game played elsewhere as set forth in such agreement, serves
a unique public purpose for which the remedies of specific performance and injunctive
relief are essential to its enforcement. The legislature further finds and declares that
government assistance to facilitate the presence of professional football provides to the
state of Minnesota and its citizens highly valued intangible benefits that are virtually
impossible to quantify and, therefore, not recoverable even if the government receives
monetary damages in the event of a team's breach of contract. Minnesota courts are,
therefore, charged with protecting those benefits through the use of specific performance
and injunctive relief as provided in this chapter and in the lease and use agreements.

    Sec. 8. [473J.03] DEFINITIONS.
    Subdivision 1. Application. For the purposes of this chapter, the terms defined in
this section have the meanings given them, except as otherwise expressly provided or
indicated by the context.
    Subd. 2. Annual adjustment factor. "Annual adjustment factor" means the annual
adjustment factor under section 297A.994, subdivision 4, paragraph (b).
    Subd. 3. Authority. "Authority" means the Minnesota Stadium Authority
established under section 473J.07.
    Subd. 4. City. "City" means the city of Minneapolis.
    Subd. 5. NFL. The "NFL" means the National Football League.
    Subd. 6. NFL team. "NFL team" means the owner and operator of the NFL
professional football team known, as of the effective date of this chapter, as the Minnesota
Vikings or any team owned and operated by someone who purchases or otherwise takes
ownership or control of or reconstitutes the NFL team known as the Minnesota Vikings.
    Subd. 7. Stadium. "Stadium" means the stadium suitable for professional football
to be designed, constructed, and financed under this chapter. A stadium must have a roof
that covers the stadium, as set forth in section 473J.11, subdivision 3.
    Subd. 8. Stadium costs. "Stadium costs" means the costs of acquiring land, the
costs of stadium infrastructure, and of designing, constructing, equipping, and financing a
stadium suitable for professional football.
    Subd. 9. Stadium infrastructure. "Stadium infrastructure" means plazas, parking
structures, rights of way, connectors, skyways and tunnels, and other such property,
facilities, and improvements, owned by the authority or determined by the authority to
facilitate the use and development of the stadium.
    Subd. 10. Stadium site. "Stadium site" means all or portions of the current site of
the existing football stadium and adjacent areas, bounded generally by Park and Eleventh
Avenues and Third and Sixth Streets in the city of Minneapolis, the definitive boundaries
of which shall be determined by the authority and agreed to by the NFL team.

    Sec. 9. [473J.07] MINNESOTA STADIUM AUTHORITY.
    Subdivision 1. Established. The Minnesota Stadium Authority is established as a
public body, corporate and politic, and political subdivision of the state. The authority is
not a joint powers entity or an agency or instrumentality of the city.
    Subd. 2. Membership. (a) The authority shall consist of five members.
(b) The chair and two members shall be appointed by the governor. One member
appointed by the governor shall serve until December 31 of the third year following
appointment and one member shall serve until December 31 of the fourth year following
appointment. Thereafter, members appointed by the governor shall serve four-year terms,
beginning January 1. Each member serves until a successor is appointed and takes office.
The chair serves at the pleasure of the governor.
(c) The mayor of the city shall appoint two members to the authority. One member
appointed by the mayor of the city shall serve until December 31 of the third year
following appointment and one member shall serve until December 31 of the fourth year
following appointment. Thereafter, members appointed under this paragraph shall serve
four-year terms beginning January 1. Each member serves until a successor is appointed
and takes office. Members appointed under this paragraph may reside within the city and
may be appointed officials of a political subdivision.
(d) The initial members of the authority must be appointed not later than 30 days
after the date of enactment of this chapter.
    Subd. 3. Compensation. The authority may compensate its members, other than the
chair, as provided in section 15.0575. The chair shall receive, unless otherwise provided
by other law, a salary in an amount fixed by the authority, and shall be reimbursed for
reasonable expenses to the same extent as a member.
    Subd. 4. Chair. The chair presides at all meetings of the authority, if present, and
performs all other assigned duties and functions. The authority may appoint from among
its members a vice-chair to act for the chair during the temporary absence or disability of
the chair, and any other officers the authority determines are necessary or convenient.
    Subd. 5. Removal. A member, other than the chair, may be removed by the
appointing authority only for misfeasance, malfeasance, or nonfeasance in office, upon
written charges, and after an opportunity to be heard in defense of the charges.
    Subd. 6. Bylaws. The authority shall adopt bylaws to establish rules of procedure,
the powers and duties of its officers, and other matters relating to the governance of the
authority and the exercise of its powers. Except as provided in this section, the bylaws
adopted under this subdivision must be similar in form and substance to bylaws adopted
by the Minnesota Ballpark Authority pursuant to section 473.755.
    Subd. 7. Audit. The legislative auditor shall audit the books and accounts of the
authority once each year or as often as the legislative auditor's funds and personnel permit.
The authority shall pay the total cost of the audit pursuant to section 3.9741.
    Subd. 8. Executive director; employees. The authority may appoint an executive
director to serve as the chief executive officer of the authority. The executive director
serves at the pleasure of the authority and receives compensation as determined by the
authority. The executive director may be responsible for the operation, management, and
promotion of activities of the authority, as prescribed by the authority. The executive
director has the powers necessarily incident to the performance of duties required and
powers granted by the authority, but does not have authority to incur liability or make
expenditures on behalf of the authority without general or specific directions by the
authority, as shown by the bylaws or minutes of a meeting of the authority. The executive
director is responsible for hiring, supervision, and dismissal of all other employees of
the authority.
    Subd. 9. Web site. The authority shall establish a Web site for purposes of providing
information to the public concerning all actions taken by the authority. At a minimum, the
Web site must contain a current version of the authority's bylaws, notices of upcoming
meetings, minutes of the authority's meetings, and contact telephone, electronic mail, and
facsimile numbers for public comments.
    Subd. 10. Quorum; approvals. Any three members shall constitute a quorum for
the conduct of business and action may be taken upon the vote of a majority of members
present at a meeting duly called and held. During the design and construction stages of the
stadium, a four-fifths vote of the authority is required for authority decisions related to
zoning, land use, exterior design of the stadium, related parking, the plaza area, and the
selection of the authority's lead representative during design and construction.

    Sec. 10. [473J.08] LOCATION.
The stadium to be constructed under this chapter shall be located at the stadium
site in the city of Minneapolis.

    Sec. 11. [473J.09] POWERS, DUTIES OF THE AUTHORITY.
    Subdivision 1. Actions. The authority may sue and be sued. The authority is a public
body and the stadium and stadium infrastructure are public improvements within the
meaning of chapter 562. The authority is a municipality within the meaning of chapter 466.
    Subd. 2. Acquisition of property. The authority may acquire from any public or
private entity by lease, purchase, gift, or devise all necessary right, title, and interest in
and to real property, air rights, and personal property deemed necessary to the purposes
contemplated by this chapter. The authority may acquire, by the exercise of condemnation
powers under chapter 117, land, other real property, air rights, personal property, and other
right, title, and interest in property, within the stadium site and stadium infrastructure.
    Subd. 3. Disposition of property. The authority may sell, lease, or otherwise
dispose of any real or personal property acquired by the authority that is no longer required
for accomplishment of the authority's purposes. The property may be sold in accordance
with the procedures provided by section 469.065, except subdivisions 6 and 7, to the
extent the authority deems it to be practical and consistent with this chapter. Title to the
stadium must not be transferred or sold by the authority prior to the effective date of
enactment of any legislation approving such transfer or sale.
    Subd. 4. Data practices; open meetings. Except as otherwise provided in this
chapter, the authority is subject to chapters 13 and 13D.
    Subd. 5. Facility operation. The authority may develop, construct, equip, improve,
own, operate, manage, maintain, finance, and control the stadium, stadium infrastructure,
and related facilities constructed or acquired under this chapter, or may delegate such
duties through an agreement, subject to the rights and obligations transferred to and
assumed by the authority, the NFL team, other user, third-party manager, or program
manager, under the terms of a lease, use agreement, or development agreement.
    Subd. 6. Employees; contracts for services. The authority may employ persons
and contract for services necessary to carry out its functions, including the utilization of
employees and consultants retained by other governmental entities. The authority shall
enter into an agreement with the city regarding traffic control for the stadium.
    Subd. 7. Gifts, grants, loans. The authority may accept monetary contributions,
property, services, and grants or loans of money or other property from the United States,
the state, any subdivision of the state, any agency of those entities, or any person for any
of its purposes, and may enter into any agreement required in connection with the gifts,
grants, or loans. The authority shall hold, use, and dispose of the money, property, or
services according to the terms of the monetary contributions, grant, loan, or agreement.
    Subd. 8. Use agreements. The authority may lease, license, or enter into use
agreements and may fix, alter, charge, and collect rents, fees, and charges for the use,
occupation, and availability of part or all of any premises, property, or facilities under
its ownership, operation, or control for purposes that will provide athletic, educational,
cultural, commercial, or other entertainment, instruction, or activity for the citizens of
Minnesota and visitors. The use agreements may provide that the other contracting party
has exclusive use of the premises at the times agreed upon, as well as the right to retain
some or all revenues from ticket sales, suite licenses, concessions, advertising, naming
rights, NFL team designated broadcast/media, club seats, signage, and other revenues
derived from the stadium. The lease or use agreement with an NFL team must provide for
the payment by the NFL team of an agreed-upon portion of operating and maintenance
costs and expenses and provide other terms in which the authority and NFL team agree. In
no case may a lease or use agreement permit smoking in the stadium.
    Subd. 9. Research. The authority may conduct research studies and programs;
collect and analyze data; prepare reports, maps, charts, and tables; and conduct all
necessary hearings and investigations in connection with its functions.
    Subd. 10. Insurance. The authority may require any employee to obtain and file
with the authority an individual bond or fidelity insurance policy. The authority may
procure insurance in the amounts the authority considers necessary against liability of the
authority or its officers and employees for personal injury or death and property damage or
destruction, consistent with chapter 466, and against risks of damage to or destruction of
any of its facilities, equipment, or other property.
    Subd. 11. Exemption from Metropolitan Council review; Business Subsidy Act.
The acquisition and betterment of a stadium and stadium infrastructure by the authority
must be conducted pursuant to this chapter and are not subject to sections 473.165 and
473.173. Section 116J.994 does not apply to any transactions of the authority or other
governmental entity related to the stadium or stadium infrastructure or to any tenant or
other users of the stadium or stadium infrastructure. The Metropolitan Council shall waive
any sewer access charges or similar fees and charges customarily imposed attributable to
the design and construction of the stadium and stadium infrastructure.
    Subd. 12. Incidental powers. In addition to the powers expressly granted in this
chapter, the authority has all powers necessary or incidental thereto.
    Subd. 13. Transfers to the authority. In addition to any other payments required
under this act, for operating years 2016 to 2020, the NFL team shall annually transfer to
the authority amounts equal to the city of Minneapolis share of operating costs and capital
reserves. These amounts shall be repaid to the NFL team by the state on behalf of the city
of Minneapolis through a repayment schedule to be specified in law, and agreed to in all
subsequent agreements between the city and the NFL team.

    Sec. 12. [473J.11] STADIUM DESIGN AND CONSTRUCTION.
    Subdivision 1. Contracts. (a) The design, development, and construction of the
stadium shall be a collaborative process between the authority and the NFL team. The
authority and the NFL team shall establish a process to reach consensus on key elements
of the stadium program and design, development, and construction.
(b) Unless the authority and the NFL team agree otherwise:
(1) the authority shall create a stadium design and construction group, including
representatives of the authority and the NFL team, to manage the design of the stadium
and oversee construction;
(2) this group shall engage an owner's representative to act on behalf of the group.
The cost of the owner's representative shall be a stadium cost; and
(3) the authority and the NFL team shall enter into a development administration
agreement providing for rights and responsibilities of the authority and the NFL team, the
design and construction group, and the owner's representative for design and construction
of the stadium, including but not limited to establishment of minimum design standards.
This development administration agreement shall provide for binding arbitration in
the event that the authority and the NFL team are unable to agree on minimum design
standards or other material aspects of the design.
(c) The authority may enter into an agreement with the NFL team and any other
entity relating to the design, construction, financing, operation, maintenance, and use of
the stadium and related facilities and stadium infrastructure. The authority may contract
for materials, supplies, and equipment in accordance with section 471.345, except that
the authority may employ or contract with persons, firms, or corporations to perform one
or more or all of the functions of architect, engineer, construction manager, or program
manager with respect to all or any part of the design, construction, financing, operation,
maintenance, and use of the stadium and stadium infrastructure under the traditional
separate design and build, integrated design-build, construction manager at risk, or
public/private partnership (P3) structures, or a combination thereof.
(d) The authority and the NFL team shall prepare a request for proposals for one or
more of the functions described in paragraph (c). The request must be published in the
State Register and shall include, at a minimum, such requirements that are agreed to by
the authority and the NFL team. The authority and the NFL team may prequalify offerors
by issuing a request for qualifications, in advance of the request for proposals, and select a
short list of responsible offerors prior to discussions and evaluations.
(e) As provided in the request for proposals, the authority, and the NFL team, may
conduct discussions and negotiations with responsible offerors in order to determine
which proposal is most advantageous to the authority and the NFL team and to negotiate
the terms of an agreement. In conducting discussions, there shall be no disclosure of any
information derived from proposals submitted by competing offerors and the content of all
proposals is nonpublic data under chapter 13 until such time as a notice to award a contract
is given by the authority. The agreement shall be subject to the approval of the NFL team.
(f) Prior to the time the authority enters into a construction contract with a
construction manager or program manager certifying a maximum price and a completion
date as provided in paragraph (h), at the request of the NFL team, the authority may
authorize, such authorization not to be unreasonably withheld or delayed, the NFL team
to provide for management of the construction of the stadium and related stadium
infrastructure, in which event the NFL team must assume the role and responsibilities
of the authority for completion of construction in a manner consistent with the agreed
minimum design standards and design documents, subject to the terms of this act,
including responsibility for cost overruns.
(g) The construction manager or program manager may enter into contracts with
contractors for labor, materials, supplies, and equipment for the construction of the
stadium and related stadium infrastructure through the process of public bidding, except
that the construction manager or program manager may, with the consent of the authority
or the NFL team if the NFL team has assumed responsibility for construction:
(1) narrow the listing of eligible bidders to those which the construction manager
or program manager determines to possess sufficient expertise to perform the intended
functions;
(2) award contracts to the contractors that the construction manager or program
manager determines provide the best value under a request for proposals as described in
section 16C.28, subdivision 1, paragraphs (a), clause (2), and (c), which are not required
to be the lowest responsible bidder; and
(3) for work the construction manager or program manager determines to be critical
to the completion schedule, award contracts on the basis of competitive proposals, or
perform work with its own forces without soliciting competitive bids if the construction
manager or program manager provides evidence of competitive pricing.
(h) The authority and the NFL team shall require that the construction manager or
program manager certify, before the contract is signed, a fixed and stipulated construction
price and completion date to the authority and post a performance bond in an amount
at least equal to 100 percent of the certified price or such other security satisfactory to
the authority, to cover any costs which may be incurred in excess of the certified price
including, but not limited to, costs incurred by the authority or loss of revenues resulting
from incomplete construction on the completion date. The authority may secure surety
bonds as provided in section 574.26, securing payment of just claims in connection with
all public work undertaken by the authority. Persons entitled to the protection of the
bonds may enforce them as provided in sections 574.28 to 574.32 and are not entitled to a
lien on any property of the authority under the provisions of sections 514.01 to 514.16.
The construction of the stadium is a project as that term is defined in section 177.42,
subdivision 2, and is subject to the prevailing wage law under sections 177.41 to 177.43.
    Subd. 2. Changes. Unless otherwise agreed to by the authority and the NFL team,
if either party requests an agreed upon change in minimum design standards, and this
change is responsible for requiring the project to exceed the stated budget, the requesting
party is liable for any cost overruns or associated liabilities.
    Subd. 3. Stadium design. The stadium and stadium infrastructure shall be designed
and constructed incorporating the following general program and design elements:
(1) Unless otherwise agreed to by the authority and the NFL team, the stadium
shall comprise approximately 1,500,000 square feet with approximately 65,000 seats,
expandable to 72,000, shall meet or exceed NFL program requirements, and include
approximately 150 suites and approximately 7,500 club seats or other such components as
agreed to by the authority and the NFL team;
(2) space for NFL team-related exhibitions and sales, which shall include the
following: NFL team museum and Hall of Fame, retail merchandise and gift shop retail
venues, and themed concessions and restaurants;
(3) year-round space for the NFL team administrative operations, sales, and
marketing, including a ticket office, team meeting space, locker, and training rooms;
(4) space for administrative offices of the authority;
(5) 2,000 parking spaces within one block of the stadium, connected by skyway or
tunnel to the stadium, and 500 parking spaces within two blocks of the stadium, with a
dedicated walkway on game days;
(6) elements sufficient to provide community and civic uses as determined by the
authority; and
(7) a roof that is fixed or retractable, provided that if the roof is retractable, it is
accomplished without any increase to the funding provided by the state or the city.
    Subd. 4. Cost overruns, savings. The authority may accept financial obligations
relating to cost overruns associated with acquisition of the stadium site, stadium
infrastructure, and stadium design, development, and construction, provided that the
authority shall not accept responsibility for cost overruns and shall not be responsible for
cost overruns if the authority has authorized the NFL team to provide for management
of construction of the stadium under section 473J.11, subdivision 1. Cost savings or
additional funds obtained by the authority or the NFL team for the stadium or stadium
infrastructure may be used first to fund additional stadium or stadium infrastructure, as
agreed to by the authority and the NFL team, if any, and then to fund capital reserves.

    Sec. 13. [473J.112] COMMEMORATIVE BRICKS.
The authority shall sell commemorative bricks to be displayed at a prominent
location in the new stadium, for an amount to be determined by the authority. The
authority shall work with the commissioner to ensure that purchase of a brick is a tax
deductible donation on the part of the donating person or organization. Funds raised
through this section shall be appropriated to the commissioner of management and budget
for a grant to the Minnesota Stadium Authority.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 14. [473J.12] EMPLOYMENT.
    Subdivision 1. Hiring and recruitment. In the design, development, construction,
management, operation, maintenance and capital repair, replacement and improvement of
the stadium and stadium infrastructure, the authority shall make every effort to employ,
and cause the NFL team, the construction manager and other subcontractors, vendors, and
concessionaires to employ women and members of minority communities when hiring.
Further, goals for construction contracts to be awarded to women- and minority-owned
businesses will be in a percentage at least equal to the minimum used for city of
Minneapolis development projects, and the other construction workforce will establish
workforce utilization goals at least equal to current city goals and include workers from
city zip codes that have high rates of poverty and unemployment.
    Subd. 2. Other required agreements. The NFL team or the authority shall give
food, beverage, retail, and concession workers presently employed by the NFL team or
the Metropolitan Sports Facilities Commission or its vendors at the existing football
stadium the opportunity to continue their employment in comparable positions at the new
stadium. Workers who are presently represented under a collective bargaining agreement
may seek to continue such representation in the facility and designate such, or another
collective bargaining unit, as their representative.

    Sec. 15. [473J.13] STADIUM OPERATIONS; CAPITAL IMPROVEMENTS.
    Subdivision 1. Stadium operation. The stadium shall be operated in a first-class
manner, similar to and consistent with other comparable NFL stadiums, such as the
stadium currently known as Lucas Oil Field. The authority and the team will mutually
agree on a third-party management company or individual to manage the stadium and on
certain major vendors to the stadium. The authority, with the approval of the NFL team,
may enter into an agreement with a program manager for management of the stadium, for
a maximum of 30 years.
    Subd. 2. Operating expenses. (a) The authority must pay or cause to be paid
all operating expenses of the stadium. The authority must require in the lease or use
agreement with the NFL team that the NFL team pay the authority, beginning January 1,
2016, or other date as mutually agreed upon by the parties, toward operating costs of the
stadium, $8,500,000 each year, increased by a three percent annual inflation rate.
(b) Beginning January 1, 2016, or other date as mutually agreed upon by the
parties, and continuing through 2020, the NFL team shall pay the authority operating
expenses, $6,000,000 each year, increased by an annual adjustment factor. The payment
of $6,000,000 per year beginning in 2016 is a payment by the team, which shall be repaid
to the team by the state, using funds as provided under section 297A.994, subdivision 4,
clause (4). After 2020, the state shall assume this payment, using funds generated in
accordance with the city of Minneapolis as specified under section 287A.994.
(c) The authority may establish an operating reserve to cover operating expense
shortfalls and may accept funds from any source for deposit in the operating reserve. The
establishment or funding of an authority operating reserve must not decrease the amounts
required to be paid to the authority toward operating costs under this subdivision unless
agreed to by the authority.
(d) The authority will be responsible for operating cost overruns.
(e) After the joint selection of the third-party manager or program manager, the
authority may agree with a program manager or other third-party manager of the stadium
on a fixed cost operating, management, or employment agreement with operating
cost protections under which the program manager or third-party manager assumes
responsibility for stadium operating costs and shortfalls. The agreement with the manager
must require the manager to prepare an initial and ongoing operating plan and operating
budgets for approval by the authority in consultation with the NFL team. The manager
must agree to operate the stadium in accordance with the approved operating plan and
operating budget.
    Subd. 3. Public access. The authority will work to maximize access for public and
amateur sports, community, and civic events, and other public events in type and on terms
consistent with those currently held at the existing football stadium, as defined in section
473.551, subdivision 9. The authority may provide that these events have exclusive use
of the premises at agreed-upon times subject to the scheduling rights of the NFL team
under the lease or use agreement.
    Subd. 4. Capital improvements. (a) The authority shall establish a capital
reserve fund. The authority shall be responsible for making, or for causing others to
make, all capital repairs, replacements, and improvements for the stadium and stadium
infrastructure. The authority shall maintain, or cause others to maintain, the stadium and
stadium infrastructure in a safe, clean, attractive, and first-class manner so as to cause
them to remain in a condition comparable to that of other comparable NFL facilities of
similar design and age. The authority shall make, or cause others to make, all necessary
or appropriate repairs, renewals, and replacements, whether structural or nonstructural,
interior or exterior, ordinary or extraordinary, foreseen or unforeseen, in a prompt and
timely manner. In addition, the authority, with approval of the NFL team, may enter into
an agreement with a program manager to perform some or all of the responsibilities of the
authority in this subdivision and to assume and accept financial liability for the cost of
performing the responsibilities.
(b) The NFL team must contribute $1,500,000 each year, beginning in 2016 or as
otherwise determined for the term of the lease or use agreement to the operating reserve
fund, increased by a three percent annual inflation rate.
(c) The state shall contribute $1,500,000 each year, beginning in 2016 or as otherwise
determined for the term of the lease to the operating reserve fund. The contributions of the
state are subject to increase by an annual adjustment factor. The contribution under this
paragraph shall be assumed by the team from 2016 through 2020, and repaid to the team
by the state using funds in accordance with section 297A.994, subdivision 4, clause (4).
(d) The authority with input from the NFL team shall develop short-term and
long-term capital funding plans and shall use those plans to guide the future capital needs
of the stadium and stadium infrastructure. The authority shall make the final determination
with respect to funding capital needs. Any capital improvement proposed by the NFL
team intended primarily to provide revenue enhancements to the NFL team shall be paid
for by the NFL team, unless otherwise agreed to with the authority.
    Subd. 5. Game-day payments. In addition to operating expense contributions
of the NFL team under subdivision 2, the NFL team shall pay all NFL game day, NFL
team-owned major league soccer, as provided in section 473J.15, subdivision 15, and
other NFL team-sponsored event expenses within the stadium and stadium plaza areas.
    Subd. 6. Cooperation with financing. The authority will cooperate with the
NFL team to facilitate the financing of the NFL team's contribution. Such agreement to
cooperate shall not require the authority to incur any additional costs or provide conduit
financing. The lease, license, and other transaction documents shall include provisions
customarily required by lenders in stadium financings.

    Sec. 16. [473J.15] CRITERIA AND CONDITIONS.
    Subdivision 1. Binding and enforceable. In developing the stadium and entering
into related contracts, the authority must follow and enforce the criteria and conditions in
this section, provided that a determination by the authority that those criteria or conditions
have been met under any agreement or otherwise shall be conclusive.
    Subd. 2. NFL team/private contribution; timing of expenditures. (a) The NFL
team/private contribution, including stadium builder license proceeds, for stadium costs
must be made in cash in the amount of at least $427,000,000.
(b) Prior to the initial deposit of funds under this section, the team must provide
security or other credit worthiness in the amount of $50,000,000, subject to the satisfaction
of the authority. Prior to the first issuance of bonds under section 16A.965, the first portion
of the NFL team/private contribution in the amount of $50,000,000 must be deposited as
costs are incurred to the construction fund to pay for the initial stadium costs.
(c) After the first $50,000,000 of stadium costs have been paid from the initial
NFL team/private contribution, state funds shall be deposited as costs are incurred to the
construction fund to pay for the next $50,000,000 of costs of the project. Prior to any state
funds being deposited in the construction fund, the NFL team must provide security or a
financing commitment reasonably satisfactory to the authority for the balance of the
required NFL team/private contribution and for payment of cost overruns if the NFL
team assumes responsibility for stadium construction under section 473J.11. Thereafter,
budgeted project costs shall be borne by the authority and the NFL team/private
contributions in amounts proportionate to their remaining funding commitments.
(d) In the event the project terminates before the initial $100,000,000 in contributions
are expended by the parties under this subdivision, the parties shall be reimbursed in the
amounts they have deposited to the construction fund proportionate to project funding
percentages, in the amounts of 56 percent by the authority and 44 percent by the NFL
team/private contributions.
    Subd. 3. Lease or use agreements; 30-year term. The authority must enter into
a long-term lease or use agreement with the NFL team for the NFL team's use of the
stadium. The NFL team must agree to play all preseason, regular season, and postseason
home games at the stadium. Training facilities must remain in Minnesota during the term
of the lease or use agreement. The lease or use agreement must be for a term of at least
30 years from the date of substantial completion of the stadium for professional football
games. The lease or use agreement may provide options for the NFL team to extend the
term for up to four additional periods of five years. The lease or use agreement must
include terms for default, termination, and breach of the agreement. Recognizing that
the presence of professional football provides to the state of Minnesota and its citizens
highly valued, intangible benefits that are virtually impossible to quantify and, therefore,
not recoverable in the event of the NFL team owner's breach of contract, the lease and
use agreements must provide for specific performance and injunctive relief to enforce
provisions relating to use of the stadium for professional football and must not include
escape clauses or buyout provisions. The NFL team must not enter into or accept any
agreement or requirement with or from any entity that is inconsistent with the NFL team's
binding commitment to the 30-year term of the lease or use agreement or that would in
any manner dilute, interfere with, or negate the provisions of the lease or use agreement,
providing for specific performance or injunctive relief. The legislature conclusively
determines, as a matter of public policy, that the lease or use agreement, and any grant
agreement under this chapter that includes a specific performance clause:
(1) explicitly authorizes specific performance as a remedy for breach;
(2) is made for adequate consideration and upon terms which are otherwise fair
and reasonable;
(3) has not been included through sharp practice, misrepresentation, or mistake;
(4) if specifically enforced, does not cause unreasonable or disproportionate hardship
or loss to the NFL team or to third parties; and
(5) involves performance in a manner and the rendering of services of a nature and
under circumstances that the beneficiary cannot be adequately compensated in damages.
    Subd. 4. Lease or use agreements; revenues, payments. A lease or use agreement
shall include rent and other fees and expenses to be paid by the NFL team. The authority
shall agree to provide in the lease or use agreement for the NFL team to receive all NFL
and team event related revenues, including but not limited to, suite revenues, advertising,
concessions, signage, broadcast and media, and club seat revenue. The agreement shall
also provide that all naming rights to the stadium are retained by the NFL team, subject to
the approval of the name or names by the authority consistent with those criteria set out
in the lease or use agreement. The agreement shall provide for the authority to receive
all general ticket revenues and other event revenues other than from NFL team games,
NFL team-owned major league soccer games, and other NFL team events agreed to by
the authority. The stadium authority, or any company managing the stadium facilities on
behalf of the authority, shall provide a public notice and seek a formal solicitation for
requests for proposals for any contracts for goods, services, sponsorships, or advertising
or signage rights at the stadium in excess of $25,000 in accordance with the definitions
and terms set forth in chapter 16C, with the stadium authority acting as the responsible
authority for seeking any such formal solicitations and awarding any such contracts
pursuant to such solicitations.
    Subd. 5. Notice of breach or default. Until 30 years from the date of stadium
completion, the NFL team must provide written notice to the authority not less than 180
days prior to any action, including any action imposed upon the NFL team by the NFL,
which would result in a breach or default of provisions of the lease or use agreements
required to be included under subdivision 3. If this notice provision is violated and the
NFL team has already breached or been in default under the required provisions, the
authority or the state of Minnesota may specifically enforce the lease or use agreement
and Minnesota courts shall fashion equitable remedies so that the NFL team fulfills the
conditions of the lease and use agreements.
    Subd. 6. Enforceable financial commitments. The authority must determine before
stadium construction begins that all public and private funding sources for construction,
operating expenses, and capital improvements and repairs of the stadium are included in
written agreements. The committed funds must be adequate to design, construct, furnish,
and equip the stadium, and pay projected operating expenses and the costs of capital
improvements and repairs during the term of the lease or use agreement with the NFL
team. The NFL team must provide the authority access to NFL team financial or other
information, which the authority deems necessary for such determination. Any financial
information obtained by the authority under this subdivision is nonpublic data under
section 13.02, subdivision 9.
    Subd. 7. Environmental requirements. The authority must comply with all
environmental requirements imposed by regulatory agencies for the stadium, site, and
structure, except as provided by section 473J.09, subdivision 11, or by section 473J.17.
    Subd. 8. Public share on sale of NFL team. The lease or use agreement must
provide that, if the NFL team is sold or an interest in the NFL team is sold after the
effective date of this chapter, a portion of the sale price must be paid to the authority and
deposited in a reserve fund for improvements to the stadium or expended as the authority
may otherwise direct. The portion required to be so paid to the authority is 18 percent
of the amount in excess of the purchase price of the NFL team by the selling owner or
owners, declining to zero 15 years after commencement of stadium construction in
increments of 1.2 percent each year. The agreement must provide exceptions for sales
to members of the owners' family and entities and trusts beneficially owned by family
members, sales to employees of equity interests aggregating up to ten percent, sales related
to capital infusions not distributed to the owners, and sales amongst existing owners not
exceeding 20 percent equity interest in the NFL team.
    Subd. 9. Authority's access to NFL team financial information. A notice
provision for a material breach shall be agreed to between the authority and the NFL team.
In the event there is a material breach by the NFL team under the lease or use agreement,
the lease or use agreement must provide the authority access to audited financial statements
of the NFL team and other financial information that the authority deems necessary to
enforce the terms of any lease or use agreements. Any financial information obtained by
the authority under this subdivision is nonpublic data under section 13.02, subdivision 9.
    Subd. 10. NFL team name retained. The lease or use agreement must provide
that the NFL team and NFL will transfer to the state of Minnesota the Minnesota Vikings'
heritage and records, including the name, logo, colors, history, playing records, trophies,
and memorabilia in the event of relocation of the NFL team is in violation of the lease
or use agreement.
    Subd. 11. Stadium design. (a) The authority and the NFL team will strive to build a
stadium that is environmentally and energy efficient and will make an effort to build a
stadium that is eligible to receive the Leadership in Energy and Environmental Design
(LEED) certification for environmental design, and to the extent practicable, will strive to
make the stadium design architecturally significant.
(b) The stadium design must, to the extent feasible, follow sustainable building
guidelines established under section 16B.325.
(c) The authority and the team must ensure that the stadium be, to the greatest extent
practicable, constructed of American-made steel.
    Subd. 12. Necessary approvals. The authority and the NFL team must secure
any necessary approvals to the terms of the lease and use agreement and the design and
construction plans for the stadium, including prior approval of the NFL.
    Subd. 13. Affordable access. The lease or use agreement must provide for an
agreed-upon number of affordable tickets to the professional sporting events held in the
stadium.
    Subd. 14. Stadium builder's licenses. The authority shall own and retain the
exclusive right to sell stadium builder's licenses in the stadium. The authority will retain
the NFL team to act as the authority's agent in marketing and selling such licenses.
    Subd. 15. Major league soccer. The authority shall, for five years after the first
NFL team home game is played in the stadium, grant the NFL team the exclusive right to
establish major league soccer at the stadium. The authority and the NFL team may enter
into an agreement providing the terms and conditions of such an arrangement, provided:
(1) if any of the NFL team owners whose family owns at least three percent of
the NFL team purchases full or partial ownership in a major league soccer franchise,
such franchise may play in the stadium under a use agreement with similar terms as are
applicable to the NFL team at no additional rent, but including a provision of payment
of game-day costs and reasonable marginal costs incurred by the authority as a result of
the major league soccer team; and
(2) capital improvements required by a major league soccer franchise must be
financed by the owners of the major league soccer team, unless otherwise agreed to by
the authority.
    Subd. 16. NFL team-related entities. Subject to the prior approval of the authority,
which shall not be unreasonably withheld, any of the obligations by the NFL team may
be performed by the NFL team, a related entity, or a third party, and the NFL team, any
entity related to the NFL team or third party may receive any revenues to which the NFL
team is entitled hereunder; provided, however, the NFL team shall remain liable if any
obligations are assigned to a related entity or third party.

    Sec. 17. [473J.17] MUNICIPAL ACTIVITIES.
    Subdivision 1. Property acquisition and disposition. The city may, to the extent
legally permissible, acquire land, air rights, and other property interests within the
development area for the stadium site and stadium infrastructure and convey it to the
authority with or without consideration, prepare a site for development as a stadium, and
acquire and construct any related stadium infrastructure. To the extent property parcels or
interests acquired are more extensive than the stadium infrastructure requirements, the city
may sell or otherwise dispose of the excess.
    Subd. 2. Claims. Except as may be mutually agreed to by the city and the authority,
the city has no interest in or claim to any assets or revenues of the authority.
    Subd. 3. Environmental; planning and zoning. The authority is the responsible
governmental unit for an environmental impact statement for the stadium prepared under
section 116D.04, if an environmental impact statement is necessary. Notwithstanding
section 116D.04, subdivision 2b, and implementing rules: (1) the environmental
impact statement shall not be required to consider alternative stadium sites; and (2) the
environmental impact statement must be determined to be adequate before commencing
work on the foundation of the stadium, but the stadium and stadium infrastructure may
otherwise be started and all preliminary and final government decisions and actions may
be made and taken including, but not limited to, acquiring land; obtaining financing;
granting permits or other land use approvals; entering into grant, lease, or use agreements;
or preparing the site or related stadium infrastructure prior to a determination of the
adequacy of the environmental impact statement.
    Subd. 4. Local government expenditure. The city may make expenditures or
grants for other costs incidental and necessary to further the purposes of this chapter and
may, by agreement, reimburse in whole or in part, any entity that has granted, loaned, or
advanced funds to the city to further the purposes of this chapter. The city may reimburse
the authority or a local governmental entity or make a grant to the authority or such a
governmental unit or be reimbursed by the authority or local governmental entity for site
acquisition, preparation of the site for stadium development, and stadium infrastructure.
    Subd. 5. Municipal authority. The legislature intends that, except as expressly
limited herein, the city may acquire and develop stadium infrastructure, enter into contracts
with the authority and other governmental or nongovernmental entities, appropriate funds,
and make employees, consultants, and other revenues available for those purposes.
    Subd. 6. Stadium Implementation Committee; city review. In order to accomplish
the objectives of this act within the required time frame, it is necessary to establish an
alternative process for municipal land use and development review. It is hereby found
and declared that the construction of a stadium within the development area is consistent
with the adopted area plan, is the preferred stadium location, and is a permitted land use.
This subdivision establishes a procedure for all land use and development reviews and
approvals by the city of Minneapolis for the stadium and related stadium infrastructure
and supersedes all land use and development rules and restrictions and procedures
imposed by other law, charter, or ordinance, including without limitation section 15.99.
No later than 30 days after timely compliance of the city as provided in article 4, section 5,
of this act, the city of Minneapolis shall establish a stadium implementation committee
to make recommendations on the design plans submitted for the stadium, and stadium
infrastructure, and related improvements. The implementation committee must take
action to issue its recommendations within the time frames established in the planning
and construction timetable issued by the authority which shall provide for no less than 60
days for the committee's review. The recommendations of the implementation committee
shall be forwarded to the city of Minneapolis Planning Commission for an advisory
recommendation and then to the city council for final action in a single resolution, which
final action must be taken within 45 days of the submission of the recommendations to the
planning commission. The city council shall not impose any unreasonable conditions on
the recommendations of the implementation committee, nor take any action or impose
any conditions that will result in delay from the time frames established in the planning
and construction timetable or in additional overall costs. Failure of the city council to act
within the 45-day period shall be deemed to be approval. The authority may seek de novo
review in the district court of any city council action. The district court or any appellate
court shall expedite review to the maximum extent possible and timely issue relief, orders,
or opinions as necessary to give effect to the provisions and objectives in this act.

    Sec. 18. [473J.19] PROPERTY TAX EXEMPTION; SPECIAL ASSESSMENTS.
Any real or personal property acquired, owned, leased, controlled, used, or occupied
by the authority for any of the purposes of this chapter, is acquired, owned, leased,
controlled, used, and occupied for public, governmental, and municipal purposes. The
stadium and stadium infrastructure are exempt from ad valorem taxation by the state
or any political subdivision of the state provided that the properties are subject to
special assessments levied by a political subdivision for a local improvement in amounts
proportionate to and not exceeding the special benefit received by the properties from the
improvement. No possible use of any of the properties in any manner different from their
use under this chapter may be considered in determining the special benefit received by
the properties. Notwithstanding section 272.01, subdivision 2, or 273.19, real or personal
property which is subject to a lease or use agreement between the authority and another
person for uses related to the purposes of this chapter, including the operation of the
stadium and related parking facilities, is exempt from taxation regardless of the length of
the lease or use agreement or the characteristics of the entity leasing or using the property.
This section, insofar as it provides an exemption or special treatment, does not apply to
any real property that is leased for residential, business, or commercial development or to
a restaurant that is open for general business more than 200 days a year, or other purposes
different from those contemplated in this chapter.

    Sec. 19. [473J.21] LIQUOR LICENSES.
At the request of the authority, the city may issue intoxicating liquor licenses that are
reasonably requested for the premises of the stadium site. These licenses are in addition to
the number authorized by law. All provisions of chapter 340A not inconsistent with this
section apply to the licenses authorized under this section.

    Sec. 20. [473J.23] LOCAL TAXES.
No new or additional local sales or use tax shall be imposed on sales at the stadium
site unless the tax is applicable throughout the taxing jurisdiction. Except for a tax
imposed under article 7, no new or additional local tax shall be imposed on sales of tickets
and admissions to NFL team, NFL team-owned major league soccer, or other team related
events at the stadium, notwithstanding any law or ordinance, unless the tax is applicable
throughout the taxing jurisdiction. The admissions and amusements tax currently imposed
by the city of Minneapolis pursuant to Laws 1969, chapter 1092, may apply to admissions
for football and NFL team related events, including NFL team-owned major league soccer,
as provided in section 473J.15, subdivision 15, at the stadium.

    Sec. 21. [473J.25] METROPOLITAN SPORTS FACILITIES COMMISSION
ASSETS; LIABILITIES TO AUTHORITY.
    Subdivision 1. Authority expenses. The Metropolitan Sports Facilities Commission
shall pay the operating expenses of the authority including salaries, compensation, and
other personnel, office, equipment, consultant and any other costs, until the commission is
abolished pursuant to subdivision 3.
    Subd. 2. Transfer. Within 90 days of the enactment of this chapter, the Metropolitan
Sports Facilities Commission shall pay its outstanding obligations, settle its accounts, and
transfer its remaining assets, liabilities, and obligations to the authority, for its purposes.
    Subd. 3. Metropolitan Sports Facilities Commission abolished; interim powers
conferred on authority. Upon transfer to the authority of all remaining assets, liabilities,
and obligations of the Metropolitan Sports Facilities Commission, in subdivision 2, the
Metropolitan Sports Facilities Commission is abolished. When the remaining assets,
liabilities, and obligations of the Metropolitan Sports Facilities Commission have been
transferred to the authority and the commission has been abolished, the powers and duties
of the commission under sections 473.551 to 473.599, and any other law shall devolve
upon the authority, in addition to the powers and duties of the authority under chapter
473J, until the first NFL home game is played at the stadium.
    Subd. 4. Employees. Upon transfer of ownership all persons employed by the
Metropolitan Sports Facilities Commission shall be transferred to the Minnesota Stadium
Authority without loss of right or privilege. Nothing in this section shall be construed to
give any such person the right or privilege to continue in the same level or classification
of employment previously held. The Minnesota Stadium Authority may assign any such
person to an employment level and classification which it deems appropriate and desirable
in accordance with its personnel code.

    Sec. 22. EFFECTIVE DATE.
Except as otherwise provided, this article is effective the day following final
enactment.

ARTICLE 2

STATE STADIUM FUNDING

    Section 1. [16A.965] STADIUM APPROPRIATION BONDS.
    Subdivision 1. Definitions. (a) The definitions in this subdivision and in chapter
473J apply to this section.
(b) "Appropriation bond" means a bond, note, or other similar instrument of the state
payable during a biennium from one or more of the following sources:
(1) money appropriated by law from the general fund, including, without limitation,
revenues deposited in the general fund as provided in articles 4 and 5, in any biennium for
debt service due with respect to obligations described in subdivision 2, paragraph (b);
(2) proceeds of the sale of obligations described in subdivision 2, paragraph (b);
(3) payments received for that purpose under agreements and ancillary arrangements
described in subdivision 2, paragraph (d); and
(4) investment earnings on amounts in clauses (1) to (3).
(c) "Debt service" means the amount payable in any biennium of principal, premium,
if any, and interest on appropriation bonds.
    Subd. 2. Authorization to issue appropriation bonds. (a) Subject to the limitations
of this subdivision, the commissioner may sell and issue appropriation bonds of the state
under this section for public purposes as provided by law, including, in particular, the
financing of all or a portion of the acquisition, construction, improving, and equipping
of the stadium project of the Minnesota Stadium Authority as provided by chapter 473J.
Proceeds of the appropriation bonds must be credited to a special appropriation stadium
bond proceeds fund in the state treasury. Net income from investment of the proceeds,
as estimated by the commissioner, must be credited to the special appropriation stadium
bond proceeds fund.
(b) Appropriation bonds may be sold and issued in amounts that, in the opinion of
the commissioner, are necessary to provide sufficient funds, not to exceed $548,000,000
net of costs of issuance, deposits for debt service reserve funds, and costs of credit
enhancement for achieving the purposes authorized as provided under paragraph (a), and
pay debt service, pay costs of issuance, make deposits to reserve funds, pay the costs
of credit enhancement, or make payments under other agreements entered into under
paragraph (d); provided, however, that appropriation bonds issued and unpaid shall not
exceed $650,000,000 in principal amount, excluding refunding bonds sold and issued
under subdivision 4.
(c) Appropriation bonds may be issued from time to time in one or more series on
the terms and conditions the commissioner determines to be in the best interests of the
state, but the term on any series of appropriation bonds may not exceed 30 years. The
appropriation bonds of each issue and series thereof shall be dated and bear interest,
and may be includable in or excludable from the gross income of the owners for federal
income tax purposes.
(d) At the time of, or in anticipation of, issuing the appropriation bonds, and at any
time thereafter, so long as the appropriation bonds are outstanding, the commissioner may
enter into agreements and ancillary arrangements relating to the appropriation bonds,
including but not limited to trust indentures, grant agreements, lease or use agreements,
operating agreements, management agreements, liquidity facilities, remarketing or
dealer agreements, letter of credit agreements, insurance policies, guaranty agreements,
reimbursement agreements, indexing agreements, or interest exchange agreements. Any
payments made or received according to the agreement or ancillary arrangement shall be
made from or deposited as provided in the agreement or ancillary arrangement. The
determination of the commissioner included in an interest exchange agreement that the
agreement relates to an appropriation bond shall be conclusive.
(e) The commissioner may enter into written agreements or contracts relating to the
continuing disclosure of information necessary to comply with, or facilitate the issuance
of appropriation bonds in accordance with federal securities laws, rules, and regulations,
including Securities and Exchange Commission rules and regulations in Code of Federal
Regulations, title 17, section 240.15c 2-12. An agreement may be in the form of covenants
with purchasers and holders of appropriation bonds set forth in the order or resolution
authorizing the issuance of the appropriation bonds, or a separate document authorized
by the order or resolution.
(f) The appropriation bonds are not subject to chapter 16C.
    Subd. 3. Form; procedure. (a) Appropriation bonds may be issued in the form
of bonds, notes, or other similar instruments, and in the manner provided in section
16A.672. In the event that any provision of section 16A.672 conflicts with this section,
this section shall control.
(b) Every appropriation bond shall include a conspicuous statement of the limitation
established in subdivision 6.
(c) Appropriation bonds may be sold at either public or private sale upon such terms
as the commissioner shall determine are not inconsistent with this section and may be sold
at any price or percentage of par value. Any bid received may be rejected.
(d) Appropriation bonds must bear interest at a fixed or variable rate.
(e) Notwithstanding any other law, appropriation bonds issued under this section
shall be fully negotiable.
    Subd. 4. Refunding bonds. The commissioner from time to time may issue
appropriation bonds for the purpose of refunding any appropriation bonds then
outstanding, including the payment of any redemption premiums on the bonds, any
interest accrued or to accrue to the redemption date, and costs related to the issuance and
sale of the refunding bonds. The proceeds of any refunding bonds may, in the discretion of
the commissioner, be applied to the purchase or payment at maturity of the appropriation
bonds to be refunded, to the redemption of the outstanding appropriation bonds on any
redemption date, or to pay interest on the refunding bonds and may, pending application,
be placed in escrow to be applied to the purchase, payment, retirement, or redemption. Any
escrowed proceeds, pending such use, may be invested and reinvested in obligations that
are authorized investments under section 11A.24. The income earned or realized on the
investment may also be applied to the payment of the appropriation bonds to be refunded
or interest or premiums on the refunded appropriation bonds, or to pay interest on the
refunding bonds. After the terms of the escrow have been fully satisfied, any balance of the
proceeds and any investment income may be returned to the general fund or, if applicable,
the special appropriation stadium bond proceeds fund for use in any lawful manner. All
refunding bonds issued under this subdivision must be prepared, executed, delivered, and
secured by appropriations in the same manner as the appropriation bonds to be refunded.
    Subd. 5. Appropriation bonds as legal investments. Any of the following entities
may legally invest any sinking funds, money, or other funds belonging to them or under
their control in any appropriation bonds issued under this section:
(1) the state, the investment board, public officers, municipal corporations, political
subdivisions, and public bodies;
(2) banks and bankers, savings and loan associations, credit unions, trust companies,
savings banks and institutions, investment companies, insurance companies, insurance
associations, and other persons carrying on a banking or insurance business; and
(3) personal representatives, guardians, trustees, and other fiduciaries.
    Subd. 6. No full faith and credit; state not required to make appropriations.
The appropriation bonds are not public debt of the state, and the full faith, credit, and
taxing powers of the state are not pledged to the payment of the appropriation bonds or to
any payment that the state agrees to make under this section. Appropriation bonds shall
not be obligations paid directly, in whole or in part, from a tax of statewide application
on any class of property, income, transaction, or privilege. Appropriation bonds shall be
payable in each fiscal year only from amounts that the legislature may appropriate for debt
service for any fiscal year, provided that nothing in this section shall be construed to
require the state to appropriate funds sufficient to make debt service payments with respect
to the appropriation bonds in any fiscal year. Appropriation bonds shall be canceled and
shall no longer be outstanding on the earlier of (1) the first day of a fiscal year for which
the legislature shall not have appropriated amounts sufficient for debt service, or (2) the
date of final payment of the principal of and interest on the appropriation bonds.
    Subd. 7. Appropriation of proceeds. The proceeds of appropriation bonds and
interest credited to the special appropriation stadium bond proceeds fund are appropriated
to the commissioner for payment of capital expenses, debt service on outstanding
indebtedness of the state, operating and capital reserves of the authority, and the funding
of debt service reserves for the appropriation bonds, each as permitted by state and federal
law, and nonsalary expenses incurred in conjunction with the sale of the appropriation
bonds, and such proceeds may be granted, loaned, or otherwise provided to the authority
for the public purpose provided by subdivision 2, paragraph (a).
    Subd. 8. Commissioner; determination of available revenues. (a) By March 15
of each fiscal year, the commissioner, in consultation with the commissioner of revenue,
shall determine the estimated increase in revenues received from taxes imposed under
chapter 297E over the estimated revenues under the February 2012 revenue forecast for
that fiscal year. For fiscal years after fiscal year 2015, the commissioner shall use the
February 2012 revenue forecast for fiscal year 2015 as the baseline. All calculations under
this paragraph must be made net of estimated refunds of the taxes required to be paid.
(b) Available revenues for purposes of subdivision 9, equal the amount determined
under paragraph (a), less the following amounts for the fiscal year:
(1) the appropriation to principal and interest on appropriation bonds under
subdivision 9, paragraph (a);
(2) the appropriations under article 5, section 44, paragraph (a), for administration
and any successor appropriation;
(3) the reduction in revenues resulting from the sales tax exemptions under section
297A.71, subdivisions 43 and 44;
(4) reimbursements authorized by section 473J.15, subdivision 2; and
(5) payment of compulsive gambling appropriations under article 5, section 44,
paragraph (b), and any successor appropriation.
(c) If the estimated increase in revenues under paragraph (a) for the fiscal year are
less than or equal to $52,000,000, then available revenues, as determined under paragraph
(b), are allocated:
(1) 50 percent to be used for appropriations under subdivision 9, paragraph (a); and
(2) 50 percent to be used for appropriations under subdivision 9, paragraph (b)
(d) If the estimated increase in revenues under paragraph (a) for the fiscal year are
greater than $52,000,000, the first $16,000,000 of any available revenues, as determined
under paragraph (b), is allocated for payment of gambling tax rebates under section
297E.02, subdivision 12, and the remainder is allocated as provided under paragraph
(c), clauses (1) and (2).
(e) The provisions of this subdivision apply only after the issuance of appropriation
bonds under subdivision 2.
    Subd. 9. Appropriation for debt service and other purposes. (a) The amount
needed to pay principal and interest on appropriation bonds issued under this section is
appropriated each year from the general fund to the commissioner, subject to repeal,
unallotment under section 16A.152, or cancellation otherwise pursuant to subdivision 6,
for deposit into the bond payment accounts established for such purpose in the special
appropriation stadium bond proceeds fund.
(b) To the extent the commissioner determines revenues are available under the
provisions of subdivision 8, paragraph (b), for the fiscal year, the following amounts
are appropriated from the general fund:
(1) to replenish the amount on deposit in any debt service reserve account established
with respect to the appropriation bonds to the debt service reserve requirement amount as
determined by order of the commissioner; and
(2) to the extent not required under clause (1), for deposit to any general reserve
account established by order of the commissioner for application against any shortfall in
the amounts deposited to the general fund pursuant to section 297A.994.
    Subd. 10. Waiver of immunity. The waiver of immunity by the state provided for
by section 3.751, subdivision 1, shall be applicable to the appropriation bonds and any
ancillary contracts to which the commissioner is a party.
    Subd. 11. Validation. (a) Appropriation bonds issued under this section may be
validated in the manner provided by this subdivision. If comparable appropriation bonds
are judicially determined to be valid, nothing in this subdivision shall be construed
to prevent the sale or delivery of any appropriation bonds or notes without entry of a
judgment of validation by the Minnesota Supreme Court pursuant to this subdivision with
respect to the appropriation bonds authorized under this section.
(b) Any appropriation bonds issued under this section that are validated shall be
validated in the manner provided by this subdivision.
(c) The Minnesota Supreme Court shall have original jurisdiction to determine the
validation of appropriation bonds and all matters connected therewith.
(d) The commissioner may determine the commissioner's authority to issue
appropriation bonds and the legality of all proceedings in connection with issuing bonds.
For this purpose, a complaint shall be filed by the commissioner in the Minnesota Supreme
Court against the state and the taxpayers and citizens.
(e) As a condition precedent to filing of a complaint for the validation of
appropriation bonds, the commissioner shall take action providing for the issuance of
appropriation bonds in accordance with law.
(f) The complaint shall set out the state's authority to issue appropriation bonds, the
action or proceeding authorizing the issue and its adoption, all other essential proceedings
had or taken in connection with issuing bonds, the amount of the appropriation bonds to
be issued and the maximum interest they are to bear, and all other pertinent matters.
(g) The Minnesota Supreme Court shall issue an order directed against the state and
taxpayers, citizens, and others having or claiming any right, title, or interest affected by
the issuance of appropriation bonds, or to be affected by the bonds, allowing all persons,
in general terms and without naming them, and the state through its attorney general, to
appear before the Minnesota Supreme Court at a designated time and place and show
why the complaint should not be granted and the proceedings and appropriation bonds
validated. A copy of the complaint and order shall be served on the attorney general at
least 20 days before the time fixed for hearing. The attorney general shall examine the
complaint, and, if it appears or there is reason to believe that it is defective, insufficient, or
untrue, or if in the opinion of the attorney general the issuance of the appropriation bonds
in question has not been duly authorized, defense shall be made by the attorney general as
the attorney general deems appropriate.
(h) Before the date set for hearing, as directed by the Minnesota Supreme Court,
either the clerk of the Minnesota appellate courts or the commissioner shall publish a copy
of the order in a legal newspaper of general circulation in Ramsey County and the state, at
least once each week for two consecutive weeks, commencing with the first publication,
which shall not be less than 20 days before the date set for hearing. By this publication,
all taxpayers, citizens, and others having or claiming any right, title, or interest in the
state, are made parties defendant to the action and the Minnesota Supreme Court has
jurisdiction of them to the same extent as if named as defendants in the complaint and
personally served with process.
(i) Any taxpayer, citizen, or person interested may become a party to the action by
moving against or pleading to the complaint at or before the time set for hearing. The
Minnesota Supreme Court shall determine all questions of law and fact and make orders
that will enable it to properly try and determine the action and render a final judgment
within 30 days of the hearing with the least possible delay.
(j) If the judgment validates appropriation bonds, the judgment is forever conclusive
as to all matters adjudicated and as against all parties affected and all others having or
claiming any right, title, or interest affected by the issuance of appropriation bonds, or to
be affected in any way by issuing the bonds, and the validity of appropriation bonds or of
any revenues pledged for the payment of the bonds, or of the proceedings authorizing the
issuance of the bonds, including any remedies provided for their collection, shall never
be called in question in any court by any person or party.
(k)(1) Appropriation bonds, when validated under this section, shall have stamped
or written on the bonds, by the proper officers of the state issuing them, a statement
in substantially the following form: "This appropriation bond is one of a series of
appropriation bonds which were validated by judgment of the Supreme Court of the State
of Minnesota, rendered on ……. , ....... (year)".
(2) A certified copy of the judgment or decree shall be received as evidence in any
court in this state.
(l) The costs shall be paid by the state, except when a taxpayer, citizen, or other
person contests the action or intervenes, the court may tax the whole or any part of the
costs against the person that is equitable.
(m) A justice of the Minnesota Supreme Court is not disqualified in any validation
action because the justice is a landowner or taxpayer of the state.

    Sec. 2. APPROPRIATION.
If state appropriation bonds have not been issued under Minnesota Statutes, section
16A.965, amounts not to exceed the increased revenues estimated by the commissioner
of management and budget under Minnesota Statutes, section 16A.965, subdivision 8,
paragraph (a), are appropriated to the commissioner of management and budget to make
grants to the Minnesota Stadium Authority for stadium costs as defined under Minnesota
Statutes, section 473J.03, subdivision 8.

ARTICLE 3

CONFORMING CHANGES

    Section 1. Minnesota Statutes 2010, section 3.971, subdivision 6, is amended to read:
    Subd. 6. Financial audits. The legislative auditor shall audit the financial
statements of the state of Minnesota required by section 16A.50 and, as resources permit,
shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
agencies, departments, boards, commissions, courts, and other state organizations subject
to audit by the legislative auditor, including the State Agricultural Society, Agricultural
Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
Metropolitan Sports Facilities Commission, Metropolitan Airports Commission, and
Metropolitan Mosquito Control District. Financial audits must be conducted according to
generally accepted government auditing standards. The legislative auditor shall see that
all provisions of law respecting the appropriate and economic use of public funds are
complied with and may, as part of a financial audit or separately, investigate allegations
of noncompliance.

    Sec. 2. Minnesota Statutes 2010, section 13.55, subdivision 1, is amended to read:
    Subdivision 1. Not public classification. The following data received, created, or
maintained by or for publicly owned and operated convention facilities, or civic center
authorities, or the Metropolitan Sports Facilities Commission are classified as nonpublic
data pursuant to section 13.02, subdivision 9; or private data on individuals pursuant
to section 13.02, subdivision 12:
(a) a letter or other documentation from any person who makes inquiry to or who is
contacted by the facility regarding the availability of the facility for staging events;
(b) identity of firms and corporations which contact the facility;
(c) type of event which they wish to stage in the facility;
(d) suggested terms of rentals; and
(e) responses of authority staff to these inquiries.

    Sec. 3. Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 1, is
amended to read:
    Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to
the following establishments located within its jurisdiction:
(1) hotels;
(2) restaurants;
(3) bowling centers;
(4) clubs or congressionally chartered veterans organizations with the approval of
the commissioner, provided that the organization has been in existence for at least three
years and liquor sales will only be to members and bona fide guests, except that a club
may permit the general public to participate in a wine tasting conducted at the club under
section 340A.419; and
(5) sports facilities located on land owned by the Metropolitan Sports Commission;
and
(6) exclusive liquor stores.
(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
ordinance, or charter provision. A license issued under this paragraph authorizes sales on
all days of the week to persons attending events at the theater.
(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a convention center within the city, notwithstanding
any law, local ordinance, or charter provision. A license issued under this paragraph
authorizes sales on all days of the week to persons attending events at the convention
center. This paragraph does not apply to convention centers located in the seven-county
metropolitan area.
(d) A city may issue an on-sale wine license and an on-sale malt liquor license to
a person who is the owner of a summer collegiate league baseball team, or to a person
holding a concessions or management contract with the owner, for beverage sales at a
ballpark or stadium located within the city for the purposes of summer collegiate league
baseball games at the ballpark or stadium, notwithstanding any law, local ordinance, or
charter provision. A license issued under this paragraph authorizes sales on all days of the
week to persons attending baseball games at the ballpark or stadium.

    Sec. 4. Minnesota Statutes 2010, section 352.01, subdivision 2a, is amended to read:
    Subd. 2a. Included employees. (a) "State employee" includes:
    (1) employees of the Minnesota Historical Society;
    (2) employees of the State Horticultural Society;
    (3) employees of the Minnesota Crop Improvement Association;
    (4) employees of the adjutant general whose salaries are paid from federal funds and
who are not covered by any federal civilian employees retirement system;
    (5) employees of the Minnesota State Colleges and Universities who are employed
under the university or college activities program;
    (6) currently contributing employees covered by the system who are temporarily
employed by the legislature during a legislative session or any currently contributing
employee employed for any special service as defined in subdivision 2b, clause (8);
    (7) employees of the legislature who are appointed without a limit on the duration
of their employment and persons employed or designated by the legislature or by a
legislative committee or commission or other competent authority to conduct a special
inquiry, investigation, examination, or installation;
    (8) trainees who are employed on a full-time established training program
performing the duties of the classified position for which they will be eligible to receive
immediate appointment at the completion of the training period;
    (9) employees of the Minnesota Safety Council;
    (10) any employees who are on authorized leave of absence from the Transit
Operating Division of the former Metropolitan Transit Commission and who are employed
by the labor organization which is the exclusive bargaining agent representing employees
of the Transit Operating Division;
    (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito
Control Commission unless excluded under subdivision 2b or are covered by another
public pension fund or plan under section 473.415, subdivision 3;
    (12) judges of the Tax Court;
    (13) personnel who were employed on June 30, 1992, by the University of
Minnesota in the management, operation, or maintenance of its heating plant facilities,
whose employment transfers to an employer assuming operation of the heating plant
facilities, so long as the person is employed at the University of Minnesota heating plant
by that employer or by its successor organization;
    (14) personnel who are employed as seasonal employees in the classified or
unclassified service;
    (15) persons who are employed by the Department of Commerce as a peace officer
in the Insurance Fraud Prevention Division under section 45.0135 who have attained the
mandatory retirement age specified in section 43A.34, subdivision 4;
    (16) employees of the University of Minnesota unless excluded under subdivision
2b, clause (3);
    (17) employees of the Middle Management Association whose employment began
after July 1, 2007, and to whom section 352.029 does not apply; and
    (18) employees of the Minnesota Government Engineers Council to whom section
352.029 does not apply.
    (b) Employees specified in paragraph (a), clause (13), are included employees under
paragraph (a) if employer and employee contributions are made in a timely manner in the
amounts required by section 352.04. Employee contributions must be deducted from
salary. Employer contributions are the sole obligation of the employer assuming operation
of the University of Minnesota heating plant facilities or any successor organizations to
that employer.

    Sec. 5. Minnesota Statutes 2010, section 473.121, subdivision 5a, is amended to read:
    Subd. 5a. Metropolitan agency. "Metropolitan agency" means the Metropolitan
Parks and Open Space Commission, and the Metropolitan Airports Commission, and
Metropolitan Sports Facilities Commission.

    Sec. 6. Minnesota Statutes 2010, section 473.164, is amended to read:
473.164 SPORTS, AIRPORT COMMISSIONS TO PAY COUNCIL COSTS.
    Subdivision 1. Annually reimburse. The Metropolitan Sports Facilities
Commission and the Metropolitan Airports Commission shall annually reimburse the
council for costs incurred by the council in the discharge of its responsibilities relating to
the commission. The costs may be charged against any revenue sources of the commission
as determined by the commission.
    Subd. 2. Estimates, budget, transfer. On or before May 1 of each year, the council
shall transmit to each the commission an estimate of the costs which the council will
incur in the discharge of its responsibilities related to the commission in the next budget
year including, without limitation, costs in connection with the preparation, review,
implementation and defense of plans, programs and budgets of the commission. Each The
commission shall include the estimates in its budget for the next budget year and may
transmit its comments concerning the estimated amount to the council during the budget
review process. Prior to December 15 of each year, the amount budgeted by each the
commission for the next budget year may be changed following approval by the council.
During each budget year, the commission shall transfer budgeted funds to the council in
advance when requested by the council.
    Subd. 3. Final statement. At the conclusion of each budget year, the council, in
cooperation with each the commission, shall adopt a final statement of costs incurred by the
council for each the commission. Where costs incurred in the budget year have exceeded
the amount budgeted, each the commission shall transfer to the council the additional
moneys needed to pay the amount of the costs in excess of the amount budgeted, and shall
include a sum in its next budget. Any excess of budgeted costs over actual costs may be
retained by the council and applied to the payment of budgeted costs in the next year.

    Sec. 7. Minnesota Statutes 2010, section 473.565, subdivision 1, is amended to read:
    Subdivision 1. In MSRS; exceptions. All employees of the former commission
shall be members of the Minnesota State Retirement System with respect to service
rendered on or after May 17, 1977, except as provided in this section.

    Sec. 8. REPEALER.
Minnesota Statutes 2010, sections 473.551; 473.552; 473.553, subdivisions 1, 2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 473.556, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 16, and 17; 473.561; 473.564, subdivisions 2 and 3; 473.572; 473.581; 473.592,
subdivision 1; 473.595; 473.598; 473.599; and 473.76, are repealed.

    Sec. 9. EFFECTIVE DATE.
This article is effective June 30, 2016.

ARTICLE 4

MINNEAPOLIS CONVENTION CENTER

    Section 1. [297A.994] CITY OF MINNEAPOLIS SALES TAX; ALLOCATION
OF REVENUES.
    Subdivision 1. Scope. Notwithstanding the provisions of section 297A.99,
subdivision 11, the provisions of this section govern the remittance of the proceeds of
taxes imposed by the city of Minneapolis under the special law.
    Subd. 2. Definitions. (a) For purposes of this section, the following definitions
apply.
(b) "City" means the city of Minneapolis.
(c) "Special law" means Laws 1986, chapter 396, sections 4 and 5, as amended.
(d) "Tax" means the sales taxes imposed by the city under the special law.
(e) The terms defined under section 473J.03 apply for purposes of this section.
    Subd. 3. General allocation of revenues. The commissioner shall apply the
revenues from the taxes as follows:
(1) the commissioner must deduct the costs of collecting and administering the taxes,
according to the applicable law and agreements between the commissioner and the city.
For revenues from the general sales tax, the commissioner must deduct a proportionate
share of the cost of collection, as described in section 297A.99, subdivision 11;
(2) after deducting the costs in clause (1), the commissioner must deduct refunds of
any of these taxes due to taxpayers, if any;
(3) after making the deductions provided in clause (2), notwithstanding the
provisions of any agreement between the commissioner and the city providing for
collection and remittance of these taxes, the commissioner must deposit to the general
fund the amounts specified in subdivision 4; and
(4) after depositing to the general fund under clause (3) as specified in subdivision
4, the commissioner must remit the remainder to the city for the uses provided in the
special law.
    Subd. 4. General fund allocations. (a) The commissioner must deposit to the
general fund the following amounts, as required by subdivision 3, clause (3):
(1) for state bond debt service support beginning in calendar year 2021, and for each
calendar year thereafter through calendar year 2046, proportionate amounts periodically
so that not later than December 31, 2046, an aggregate annual amount equal to a present
value of $150,000,000 has been deposited in the general fund. To determine aggregate
present value, the commissioner must consult with the commissioner of management and
budget regarding the present value dates, discount rate or rates, and schedules of annual
amounts. The present value date or dates must be based on the date or dates bonds are
sold under section 16A.965, or the date or dates other state funds, if any, are deposited
into the construction fund. The discount rate or rates must be based on the true interest
cost of the bonds issued under section 16A.965, or an equivalent 30-year bond index, as
determined by the commissioner of management and budget. The schedule of annual
amounts must be certified to the commissioner by the commissioner of management and
budget and the finance officer of the city;
(2) for the capital improvement reserve appropriation to stadium authority beginning
in calendar year 2021, and for each calendar year thereafter through calendar year 2046,
so that not later than January 1, 2022, and as of January 1 of each following year, an
aggregate annual amount equal to the amount paid by the state for calendar year 2021,
under section 473J.13, subdivision 4, increased each year by an annual adjustment factor;
(3) for the operating expense appropriation to stadium authority beginning in
calendar year 2021, and for each calendar year thereafter through calendar year 2046,
so that not later than January 1, 2022, and as of January 1 of each following year, an
aggregate annual amount equal to the amount paid by the state for calendar year 2021
under section 473J.13, subdivision 2, increased each year by an annual adjustment factor;
(4) for recapture of NFL team advances for capital improvements and operating
expenses for calendar years 2016 through 2020 beginning in calendar year 2021, and
for each calendar year thereafter until all amounts under this clause have been paid,
proportionate amounts periodically until an aggregate amount equal to the present value of
all amounts paid by the NFL team have been deposited in the general fund. To determine
the present value of the amounts paid by the NFL team to the authority and the present
value of amounts deposited to the general fund under this clause, the commissioner shall
consult with the commissioner of management and budget and the NFL team regarding the
present value dates, discount rate or rates, and schedule of annual amounts. The present
value dates must be based on the dates NFL team funds are paid to the authority, or the
dates the commissioner of revenue deposits taxes for purposes of this clause to the general
fund. The discount rates must be based on the reasonably equivalent cost of NFL team
funds as determined by the commissioner of management and budget after consulting with
the NFL team. The schedule of annual amounts must be revised to reflect amounts paid
under section 473J.09, subdivision 13, and taxes deposited to the general fund from time
to time under this clause, and the schedule and revised schedules must be certified to the
commissioner by the commissioner of management and budget and the finance officer
of the city, and are transferred as accrued from the general fund to the NFL team, for
repayment of advances made by the NFL team to the city of Minneapolis; and
(5) to capture increases in taxes imposed under the special law, for the benefit
of the stadium authority, beginning in calendar year 2013 and for each calendar year
thereafter through 2046, there shall be deposited to the general fund by February 15 of
each following year, amounts calculated by the commissioner under this clause. For
each year, the commissioner shall determine the excess, if any, of the taxes received
by the commissioner over the benchmark scheduled amounts of the taxes, as described
in this section. The benchmark scheduled amounts for each year must be based on the
actual amount of the taxes for calendar year 2011 inflated for each subsequent year at an
annual rate of two percent, according to a schedule certified to the commissioner by the
commissioner of management and budget and the finance officer of the city. The amounts
to be deposited to the general fund by the commissioner for each year equal:
(i) zero for the amount of the taxes for the year up to a scheduled benchmark of
$1,000,000, inflated at two percent per year, in excess of the taxes for calendar year 2011;
(ii) 50 percent times the difference, if any, by which the amount of the taxes for
the year exceeds the scheduled benchmark in item (i), as inflated, but not greater than a
scheduled benchmark of $3,000,000, inflated at two percent per year, in excess of the
taxes for calendar year 2011; and
(iii) 25 percent times the difference, if any, by which the amount of the taxes for the
year exceeds the scheduled benchmark of $3,000,000, inflated at two percent per year, in
excess of the taxes for calendar year 2011.
(b) The annual adjustment factor for purposes of this section and the special law
for any year equals the increase, if any, in the amount of these taxes received by the
commissioner in the preceding year over the amount received in the year prior to the
preceding year, expressed as a percentage of the amount received in the year prior to the
preceding year; provided, that the adjustment factor for any year must not be less than
zero percent nor more than five percent.

    Sec. 2. Laws 1986, chapter 396, section 4, as amended by Laws 1987, chapter 55,
sections 5 and 6, and Laws 2009, chapter 88, article 4, sections 11 and 12, is amended to
read:
    Sec. 4. SALES AND USE TAX.
    Subdivision 1. Imposition. Notwithstanding Minnesota Statutes, section 477A.016,
or any other contrary provision of law, ordinance, or city charter, upon approval by
the city's board of estimate and taxation by a vote of at least five members, the city of
Minneapolis may by ordinance impose an additional sales tax of up to one-half of one
percent on sales taxable pursuant to Minnesota Statutes, chapter 297A that occur within
the city, and may also by ordinance impose an additional compensating use tax of up to
one-half of one percent on uses of property within the city, the sale of which would be
subject to the additional sales tax but for the fact such property was sold outside the city.
The tax may not be imposed on gross receipts from sales of intoxicating liquor that are
exempt from taxation under sections 297A.25 to 297A.257 or other any provision of
chapter 297A exempting sales of intoxicating liquor and use from taxation, including
amendments adopted after enactment of this act.
    For purposes of this subdivision, sales that occur within the city shall not include (a)
the sale of tangible personal property (i) which, without intermediate use, is shipped or
transported outside Minneapolis by the purchaser and thereafter used in a trade or business
or is stored, processed, fabricated or manufactured into, attached to or incorporated into
other tangible personal property transported or shipped outside Minneapolis and thereafter
used in a trade or business outside Minneapolis, and which is not thereafter returned to a
point within Minneapolis, except in the course of interstate or intrastate commerce (storage
shall not constitute intermediate use); or (ii) which the seller delivers to a common carrier
for delivery outside Minneapolis, places in the United States mail or parcel post directed
to the purchaser outside Minneapolis, or delivers to the purchaser outside Minneapolis by
means of the seller's own delivery vehicles, and which is not thereafter returned to a point
within Minneapolis, except in the course of interstate or intrastate commerce; or (b) sales
which would be described in clause (e) or (u) of Minnesota Statutes, section 297A.25,
subdivision 1 297A.68, subdivision 11 or 16, if the word "Minneapolis" were substituted
for the words "Minnesota" or "state of Minnesota" in such clauses subdivisions. A tax
may be imposed under this section only if the taxes imposed under section 5 are imposed
at the maximum rate allowed under that section. The tax authorized by this section shall
be imposed, until December 31, 2046. The tax may be imposed and may be adjusted
periodically by the city council in conformity with Minnesota Statutes, section 297A.99,
subdivision 12, such that the rate imposed, rounded to the next highest one-tenth of one
percent, does not exceed the rate estimated to be required to produce produces revenue
sufficient to finance the costs purposes described in subdivision subdivisions 3 and 4, but
in no case may the rate exceed one-half of one percent.
    Subd. 2. Enforcement; collection. (a) Except as provided in paragraph (b),
these taxes shall be subject to the same interest penalties and other rules imposed
under Minnesota Statutes, chapter 297A. The commissioner of revenue may enter into
appropriate agreements with the city to provide for collection of these taxes by the state
on behalf of the city. The commissioner may charge the city a reasonable fee for its
collection from the proceeds of any taxes, as provided in Minnesota Statutes, section
297A.99, subdivision 9.
    (b) A taxpayer located outside of the city of Minneapolis who collects use tax under
this section in an amount that does not exceed $10 in a reporting period is not required to
remit that tax until the amount of use tax collected is $10.
    Subd. 3. Use of property. Revenues received from the tax may only be used:
    (1) to pay costs of collection;
    (2) (1) to pay or secure the payment of any principal of, premium or interest on
bonds issued in accordance with this act;
    (3) (2) to pay costs to acquire, design, equip, construct, improve, maintain, operate,
administer, or promote the convention center or related facilities, and other capital projects
or economic developments under subdivision 4, including financing costs related to them;
    (4) (3) to pay reasonable and appropriate costs determined by the city to replace
housing and the ice arena removed from the site;
    (5) (4) to maintain reserves for the foregoing purposes deemed reasonable and
appropriate by the city; and
(6) (5) to fund projects and for other purposes under subdivision 4.
    Money for replacement housing shall be made available by the city only for new
construction, conversion of nonresidential buildings, and for rehabilitation of vacant
residential structures, only if all of the units in the newly constructed building, converted
nonresidential building, or rehabilitated residential structure are to be used for replacement
housing.
    Subd. 4. Minneapolis downtown and neighborhood projects. (a) For revenues
collected in calendar years 2009 and 2010, to the extent that revenues from the tax
authorized in subdivision 1 exceeds the amount needed to fund the purposes in subdivision
3, the city may use the excess revenue to fund any city services. The total amount used in
both years for this purpose may not exceed the total amount of aid and credit reductions
under Minnesota Statutes, sections 273.1384 and 477A.011 to 477A.014 in calendar years
2008, 2009, and 2010 due to a governor's unallotment or due to statutory reductions.
(b) Beginning with revenues collected in calendar year 2011, to the extent that
revenues from the tax taxes authorized in subdivision 1 exceeds or in section 5 exceed
the amount needed to fund the purposes in subdivision 3, the city may use the excess
revenue in any year to fund capital projects to further residential, cultural, commercial,
and economic development in both downtown Minneapolis and the Minneapolis
neighborhoods, to fund other city expenditures in support of the capital projects, or
for other economic development, provided the city may direct excess revenue first to
convention center debt, operations, capital improvements, and marketing. The city may
issue bonds to fund any such projects or improvements using these taxes or any other
available city resources to finance or secure the bonds.

    Sec. 3. Laws 1986, chapter 396, section 5, as amended by Laws 2001, First Special
Session chapter 5, article 12, section 87, is amended to read:
    Sec. 5. LIQUOR, LODGING, AND RESTAURANT TAXES.
    The city may, by resolution, levy in addition to taxes authorized by other law:
    (1) a sales tax of not more than three percent on the gross receipts on retail on-sales
of intoxicating liquor and fermented malt beverages described in section 473.592
occurring in the when sold at licensed on-sale liquor establishments located within the
downtown taxing area, provided that this tax may not be imposed if sales of intoxicating
liquor and fermented malt beverages are exempt from taxation under chapter 297A;
    (2) a sales tax of not more than three percent on the gross receipts from the furnishing
for consideration of lodging described in section 473.592 for a period of less than 30 days
at a hotel, motel, rooming house, tourist court, or trailer camp located within the city by a
hotel or motel which has more than 50 rooms available for lodging; the tax imposed under
this clause shall be at a rate that, when added to the sum of the rate of the sales tax imposed
under Minnesota Statutes, chapter 297A, the rate of the sales tax imposed under section 4,
and the rate of any other taxes on lodging in the city of Minneapolis, equals 13 percent; and
    (3) a sales tax of not more than three percent on the gross receipts on all sales of food
primarily for consumption on or off the premises by restaurants and places of refreshment
as defined by resolution of the city that occur within the downtown taxing area.
The taxes authorized by this section shall be imposed until January 1, 2047. The taxes
shall be imposed and may be adjusted periodically by the city council such that the rates
imposed, produce revenue sufficient, together with the tax imposed under section 4, to
finance the purposes described in section 4, subdivisions 3 and 4. These taxes shall be
applied, first, as provided in Minnesota Statutes, section 297A.994, subdivision 3, clauses
(1) to (3), and then, solely to pay costs of collection and to pay or, secure, maintain, and
fund the payment of any principal of, premium on, and interest on any bonds or any
costs referred to other purposes in section 4, subdivision 3 or 4. The commissioner of
revenue may enter into appropriate agreements with the city to provide for the collection
of these taxes by the state on behalf of the city. The commissioner may charge the city
a reasonable fee for its collection from the proceeds of any taxes. These taxes shall be
subject to the same interest penalties and enforcement provisions as the taxes imposed
under section 473.592 Minnesota Statutes, chapter 297A.

    Sec. 4. CHARTER LIMITATIONS NOT TO APPLY.
Any amounts expended, indebtedness or obligation incurred including, but not
limited to the issuance of bonds, or actions taken by the city under this article are not
deemed an expenditure or other use of city resources within the meaning of any law or
charter limitation. The city may exercise any of its powers under this article to spend,
borrow, tax, or incur any form of indebtedness or other obligation, for the improvement,
including but not limited to, acquisition, development, construction, or betterment, of any
public building, stadium, or other capital improvement project, without regard to any
charter limitation or provision. Any tax exemption established under this article shall
not be deemed an expenditure or other use of city resources within the meaning of any
charter limitation.

    Sec. 5. EFFECTIVE DATE; LOCAL APPROVAL.
This article is effective the day after the governing body of the city of Minneapolis
and its chief clerical officer comply with Minnesota Statutes, section 645.021, subdivisions
2 and 3. Notwithstanding any law to the contrary, the city of Minneapolis and its chief
clerical officer have 30 calendar days following final enactment of this act, to comply with
Minnesota Statutes, section 645.021, subdivisions 2 and 3.

    Sec. 6. SEVERABILITY; SAVINGS.
If any part of this article is found to be invalid because it is in conflict with a
provision of the Minnesota Constitution or for any other reason, all other provisions of
this article shall remain valid and any rights, remedies, and privileges that have been
otherwise accrued by this article, shall remain in effect and may be proceeded with and
concluded under the provisions of this article.

    Sec. 7. LOCAL SALES TAX REQUIREMENTS NOT TO APPLY.
The taxes authorized under Laws 1986, chapter 396, sections 4 and 5, as amended,
are exempt from the requirements of Minnesota Statutes, section 297A.99, subdivisions
2 and 3.

ARTICLE 5

LAWFUL GAMBLING

    Section 1. Minnesota Statutes 2010, section 349.12, subdivision 3b, is amended to read:
    Subd. 3b. Bar operation. "Bar operation" means a method of selling and redeeming
disposable gambling equipment by an employee of the lessor within a leased premises
which is licensed for the on-sale of alcoholic beverages where such sales and redemptions
are made by an employee of the lessor from a common area where food and beverages
are also sold.

    Sec. 2. Minnesota Statutes 2010, section 349.12, subdivision 3c, is amended to read:
    Subd. 3c. Bar bingo. "Bar bingo" is a bingo occasion conducted at a permitted
premises in an area where intoxicating liquor or 3.2 percent malt beverages are sold and
where the licensed organization conducts another form of lawful gambling. Bar bingo
does not include bingo games linked to other permitted premises.

    Sec. 3. Minnesota Statutes 2010, section 349.12, subdivision 5, is amended to read:
    Subd. 5. Bingo occasion. "Bingo occasion" means a single gathering or session at
which a series of one or more successive bingo games is played. There is no limit on the
number of games conducted during a bingo occasion but. A bingo occasion must not last
longer than eight consecutive hours., except that linked bingo games played on electronic
bingo devices may be played during regular business hours of the permitted premises,
and all play during this period is considered a bingo occasion for reporting purposes. For
permitted premises where the primary business is bingo, regular business hours shall be
defined as the hours between 8:00 a.m. and 2:00 a.m.

    Sec. 4. Minnesota Statutes 2010, section 349.12, subdivision 6a, is amended to read:
    Subd. 6a. Booth operation. "Booth operation" means a method of selling and
redeeming disposable gambling equipment by an employee of a licensed organization in
a premises the organization leases or owns where such sales and redemptions are made
within a separate enclosure that is distinct from areas where food and beverages are sold.

    Sec. 5. Minnesota Statutes 2010, section 349.12, subdivision 12a, is amended to read:
    Subd. 12a. Electronic bingo device. "Electronic bingo device" means an a
handheld and portable electronic device that:
(a) is used by a bingo player to:
(1) monitor bingo paper sheets or a facsimile of a bingo paper sheet when purchased
and played at the time and place of an organization's bingo occasion and which (1)
provides a means for bingo players to, or to play an electronic bingo game that is linked
with other permitted premises;
(2) activate numbers announced by a bingo caller; (2) compares or displayed, and
to compare the numbers entered by the player to the bingo faces previously stored in
the memory of the device; and
(3) identifies identify a winning bingo pattern. or game requirement; and
(4) play against other bingo players;
(b) limits the play of bingo faces to 36 faces per game;
(c) requires coded entry to activate play but does not allow the use of a coin,
currency, or tokens to be inserted to activate play;
(d) may only be used for play against other bingo players in a bingo game;
(e) has no additional function as an amusement or gambling device;
(f) has the capability to ensure adequate levels of security and internal controls; and
(g) has the capability to permit the board to electronically monitor the operation of
the device and the internal accounting systems.
Electronic bingo device does not mean any device into which coin, currency, or tokens are
inserted to activate play.

    Sec. 6. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
to read:
    Subd. 12b. Electronic pull-tab device. "Electronic pull-tab device" means a
handheld and portable electronic device that:
(a) is used to play one or more electronic pull-tab games;
(b) requires coded entry to activate play but does not allow the use of coin, currency,
or tokens to be inserted to activate play;
(c) requires that a player must activate or open each electronic pull-tab ticket and
each individual line, row, or column of each electronic pull-tab ticket;
(d) maintains information pertaining to accumulated win credits that may be applied
to games in play or redeemed upon termination of play;
(e) has no spinning symbols or other representations that mimic a video slot machine;
(f) has no additional function as a gambling device;
(g) may incorporate an amusement game feature as part of the pull-tab game but
may not require additional consideration for that feature or award any prize, or other
benefit for that feature;
(h) may have auditory or visual enhancements to promote or provide information
about the game being played, provided the component does not affect the outcome of
a game or display the results of a game;
(i) maintains, on nonresettable meters, a printable, permanent record of all
transactions involving each device and electronic pull-tab games played on the device; and
(j) is not a pull-tab dispensing device as defined under subdivision 32a.

    Sec. 7. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
to read:
    Subd. 12c. Electronic pull-tab game. "Electronic pull-tab game" means a pull-tab
game containing:
(a) facsimiles of pull-tab tickets that are played on an electronic pull-tab device;
(b) a predetermined, finite number of winning and losing tickets, not to exceed
7,500 tickets;
(c) the same price for each ticket in the game;
(d) a price paid by the player of not less than 25 cents per ticket;
(e) tickets that are in conformance with applicable board rules for pull-tabs;
(f) winning tickets that comply with prize limits under section 349.211;
(g) a unique serial number that may not be regenerated;
(h) an electronic flare that displays the game name, form number, predetermined,
finite number of tickets in the game, and prize tier; and
(i) no spinning symbols or other representations that mimic a video slot machine.

    Sec. 8. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
to read:
    Subd. 12d. Electronic pull-tab game system. "Electronic pull-tab game system"
means the equipment leased from a licensed distributor and used by a licensed organization
to conduct, manage, and record electronic pull-tab games, and to report and transmit the
game results as prescribed by the board and the Department of Revenue. The system must
provide security and access levels sufficient so that internal control objectives are met as
prescribed by the board. The system must contain a point-of-sale station.

    Sec. 9. Minnesota Statutes 2010, section 349.12, subdivision 18, is amended to read:
    Subd. 18. Gambling equipment. "Gambling equipment" means: gambling
equipment that is either disposable or permanent gambling equipment.
(a) Disposable gambling equipment includes the following:
(1) bingo hard cards or paper sheets, including linked bingo paper sheets, devices for
selecting bingo numbers, electronic bingo devices,;
(2) paper and electronic pull-tabs,;
(3) jar tickets, paddle wheels, paddle wheel tables,;
(4) paddle tickets, and paddle ticket cards,;
(5) tipboards, and tipboard tickets,; and
(6) promotional tickets that mimic a pull-tab or tipboard, pull-tab dispensing devices,
and programmable electronic devices that have no effect on the outcome of a game and
are used to provide a visual or auditory enhancement of a game.
(b) Permanent gambling equipment includes the following:
(1) devices for selecting bingo numbers;
(2) electronic bingo devices;
(3) electronic pull-tab devices;
(4) pull-tab dispensing devices;
(5) programmable electronic devices that have no effect on the outcome of a game
and are used to provide a visual or auditory enhancement of a game;
(6) paddle wheels; and
(7) paddle wheel tables.

    Sec. 10. Minnesota Statutes 2010, section 349.12, subdivision 25b, is amended to read:
    Subd. 25b. Linked bingo game provider. "Linked bingo game provider" means
any person who provides the means to link bingo prizes in a linked bingo game, who
provides linked bingo paper sheets to the participating organizations games, who provides
linked bingo prize management, and who provides the linked bingo game system.

    Sec. 11. Minnesota Statutes 2010, section 349.12, subdivision 25c, is amended to read:
    Subd. 25c. Linked bingo game system. "Linked bingo game system" means the
equipment used by the linked bingo provider to conduct, transmit, and track a linked
bingo game. The system must be approved by the board before its use in this state and
it must have dial-up or other the capability to permit the board to electronically monitor
its operation remotely. For linked electronic bingo games, the system includes electronic
bingo devices.

    Sec. 12. Minnesota Statutes 2010, section 349.12, subdivision 25d, is amended to read:
    Subd. 25d. Linked bingo prize pool. "Linked bingo prize pool" means the total
of all prize money that each participating organization has contributed to a linked bingo
game prize and includes any portion of the prize pool that is carried over from one
occasion game to another in a progressive linked bingo game.

    Sec. 13. Minnesota Statutes 2010, section 349.12, subdivision 29, is amended to read:
    Subd. 29. Paddle wheel. "Paddle wheel" means a vertical wheel marked off into
sections containing one or more numbers, and which, after being turned or spun, uses a
pointer or marker to indicate winning chances, and may only be used to determine a
winning number or numbers matching a winning paddle ticket purchased by a player. A
paddle wheel may be an electronic device that simulates a paddle wheel.

    Sec. 14. Minnesota Statutes 2010, section 349.12, subdivision 31, is amended to read:
    Subd. 31. Promotional ticket. A paper pull-tab ticket or paper tipboard ticket
created and printed by a licensed manufacturer with the words "no purchase necessary" and
"for promotional use only" and for which no consideration is given is a promotional ticket.

    Sec. 15. Minnesota Statutes 2010, section 349.12, subdivision 32, is amended to read:
    Subd. 32. Pull-tab. "Pull-tab" means a single folded or banded paper ticket or a,
multi-ply card with perforated break-open tabs, or a facsimile of a paper pull-tab ticket
used in conjunction with an electronic pull-tab device, the face of which is initially
covered to conceal one or more numbers or symbols, and where one or more of each set of
tickets or, cards, or facsimiles has been designated in advance as a winner.

    Sec. 16. Minnesota Statutes 2010, section 349.13, is amended to read:
349.13 LAWFUL GAMBLING.
Lawful gambling is not a lottery or gambling within the meaning of sections 609.75
to 609.76 if it is conducted under this chapter. A pull-tab dispensing device, electronic
bingo device, and electronic pull-tab device permitted under this chapter and by board
rule is not a gambling device within the meaning of sections 609.75 to 609.76 and chapter
299L. An electronic game device allowed under this chapter may not be a slot machine.
Electronic game devices, including but not limited to electronic bingo devices, electronic
paddle wheels, and electronic pull-tab devices authorized under this chapter, may only
be used in the conduct of lawful gambling permitted under this chapter and board rule
and may not display or simulate any other form of gambling or entertainment, except
as otherwise allowed under this chapter.

    Sec. 17. Minnesota Statutes 2010, section 349.151, subdivision 4b, is amended to read:
    Subd. 4b. Pull-tab sales from dispensing devices. (a) The board may by rule
authorize but not require the use of pull-tab dispensing devices.
(b) Rules adopted under paragraph (a):
(1) must limit the number of pull-tab dispensing devices on any permitted premises
to three; and
(2) must limit the use of pull-tab dispensing devices to a permitted premises which is
(i) a licensed premises for on-sales of intoxicating liquor or 3.2 percent malt beverages;
or (ii) a premises where bingo is conducted and admission is restricted to persons 18
years or older.
(c) Notwithstanding rules adopted under paragraph (b), pull-tab dispensing devices
may be used in establishments licensed for the off-sale of intoxicating liquor, other than
drugstores and general food stores licensed under section 340A.405, subdivision 1.

    Sec. 18. Minnesota Statutes 2010, section 349.151, subdivision 4c, is amended to read:
    Subd. 4c. Electronic bingo devices. (a) The board may by rule authorize but not
require the use of electronic bingo devices.
(b) Rules adopted under paragraph (a):
(1) must limit the number of bingo faces that can be played using an electronic
bingo device to 36;
(2) must require that an electronic bingo device be used with corresponding bingo
paper sheets or a facsimile, printed at the point of sale, as approved by the board;
(3) must require that the electronic bingo device site system have dial-up capability
to permit the board to remotely monitor the operation of the device and the internal
accounting systems; and
(4) must prohibit the price of a face played on an electronic bingo device from being
less than the price of a face on a bingo paper sheet sold at the same occasion.
(b) The board, or the director if authorized by the board, may require the deactivation
of an electronic bingo device for violation of a law or rule and to implement any other
controls deemed necessary to ensure and maintain the integrity of electronic bingo devices
and the electronic bingo games played on the devices.

    Sec. 19. Minnesota Statutes 2010, section 349.151, is amended by adding a subdivision
to read:
    Subd. 4d. Electronic pull-tab devices and electronic pull-tab game system. (a)
The board may adopt rules it deems necessary to ensure the integrity of electronic pull-tab
devices, the electronic pull-tab games played on the devices, and the electronic pull-tab
game system necessary to operate them.
(b) The board may not require an organization to use electronic pull-tab devices.
(c) Before authorizing the lease or sale of electronic pull-tab devices and the
electronic pull-tab game system, the board shall examine electronic pull-tab devices
allowed under section 349.12, subdivision 12b. The board may contract for the
examination of the game system and electronic pull-tab devices and may require a working
model to be transported to locations the board designates for testing, examination, and
analysis. The manufacturer must pay all costs of any testing, examination, analysis, and
transportation of the model. The system must be approved by the board before its use in
the state and must have the capability to permit the board to electronically monitor its
operation and internal accounting systems.
(d) The board may require a manufacturer to submit a certificate from an independent
testing laboratory approved by the board to perform testing services, stating that the
equipment has been tested, analyzed, and meets the standards required in this chapter
and any applicable board rules.
(e) The board, or the director if authorized by the board, may require the deactivation
of an electronic pull-tab device for violation of a law or rule and to implement any other
controls deemed necessary to ensure and maintain the integrity of electronic pull-tab
devices and the electronic pull-tab games played on the devices.

    Sec. 20. Minnesota Statutes 2010, section 349.155, subdivision 3, is amended to read:
    Subd. 3. Mandatory disqualifications. (a) In the case of licenses for manufacturers,
distributors, distributor salespersons, linked bingo game providers, and gambling
managers, the board may not issue or renew a license under this chapter, and shall revoke
a license under this chapter, if the applicant or licensee, or a director, officer, partner,
governor, or person in a supervisory or management position of the applicant or licensee:
    (1) has ever been convicted of a felony or a crime involving gambling;
    (2) has ever been convicted of (i) assault, (ii) a criminal violation involving the use
of a firearm, or (iii) making terroristic threats;
    (3) is or has ever been connected with or engaged in an illegal business;
    (4) owes $500 or more in delinquent taxes as defined in section 270C.72;
    (5) had a sales and use tax permit revoked by the commissioner of revenue within
the past two years; or
    (6) after demand, has not filed tax returns required by the commissioner of revenue.
The board may deny or refuse to renew a license under this chapter, and may revoke a
license under this chapter, if any of the conditions in this paragraph are applicable to
an affiliate or direct or indirect holder of more than a five percent financial interest in
the applicant or licensee.
    (b) In the case of licenses for organizations, the board may not issue a license under
this chapter, and shall revoke a license under this chapter, if the organization, or an officer
or member of the governing body of the organization:
    (1) has been convicted of a felony or gross misdemeanor involving theft or fraud; or
    (2) has ever been convicted of a crime involving gambling; or.
    (3) has had a license issued by the board or director permanently revoked for
violation of law or board rule.

    Sec. 21. Minnesota Statutes 2010, section 349.155, subdivision 4, is amended to read:
    Subd. 4. License revocation, suspension, denial; censure. (a) The board may by
order (i) deny, suspend, revoke, or refuse to renew a license or premises permit, or (ii)
censure a licensee or applicant, if it finds that the order is in the public interest and that the
applicant or licensee, or a director, officer, partner, governor, person in a supervisory or
management position of the applicant or licensee, an employee eligible to make sales on
behalf of the applicant or licensee, or direct or indirect holder of more than a five percent
financial interest in the applicant or licensee:
    (1) has violated or failed to comply with any provision of this chapter or chapter
297E or 299L, or any rule adopted or order issued thereunder;
    (2) has filed an application for a license that is incomplete in any material respect, or
contains a statement that, in light of the circumstances under which it was made, is false,
misleading, fraudulent, or a misrepresentation;
    (3) has made a false statement in a document or report required to be submitted to
the board or the commissioner of revenue, or has made a false statement to the board, the
compliance review group, or the director;
    (4) has been convicted of a crime in another jurisdiction that would be a felony if
committed in Minnesota;
    (5) is permanently or temporarily enjoined by any gambling regulatory agency from
engaging in or continuing any conduct or practice involving any aspect of gambling;
    (6) has had a gambling-related license revoked or suspended, or has paid or been
required to pay a monetary penalty of $2,500 or more, by a gambling regulator in another
state or jurisdiction;
    (7) has been the subject of any of the following actions by the director of alcohol
and gambling enforcement or commissioner of public safety: (i) had a license under
chapter 299L denied, suspended, or revoked, (ii) been censured, reprimanded, has paid or
been required to pay a monetary penalty or fine, or (iii) has been the subject of any other
discipline by the director or commissioner;
    (8) has engaged in conduct that is contrary to the public health, welfare, or safety, or
to the integrity of gambling; or
    (9) based on past activities or criminal record poses a threat to the public interest or
to the effective regulation and control of gambling, or creates or enhances the dangers of
unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gambling
or the carrying on of the business and financial arrangements incidental to the conduct of
gambling.
    (b) The revocation or suspension of an organization's license may not exceed a
period of ten years, including any revocation or suspension imposed by the board prior to
the effective date of this paragraph, except that:
    (1) any prohibition placed by the board on who may be involved in the conduct,
oversight, or management of the revoked organization's lawful gambling activity is
permanent; and
    (2) a revocation or suspension will remain in effect until any taxes, fees, and fines
that are delinquent have been paid by the organization to the satisfaction of the board.

    Sec. 22. Minnesota Statutes 2010, section 349.161, subdivision 1, is amended to read:
    Subdivision 1. Prohibited acts; licenses required. (a) No person may:
    (1) sell, offer for sale, or furnish gambling equipment for use within the state other
than for lawful gambling exempt or excluded from licensing, except to an organization
licensed for lawful gambling;
    (2) sell, offer for sale, or furnish gambling equipment for use within the state without
having obtained a distributor license or a distributor salesperson license under this section
except that an organization authorized to conduct bingo by the board may loan bingo
hard cards and devices for selecting bingo numbers to another organization authorized to
conduct bingo and a linked bingo game provider may provide electronic bingo devices for
linked electronic bingo games;
    (3) sell, offer for sale, or furnish gambling equipment for use within the state that is
not purchased or obtained from a manufacturer or distributor licensed under this chapter; or
    (4) sell, offer for sale, or furnish gambling equipment for use within the state that
has the same serial number as another item of gambling equipment of the same type sold
or offered for sale or furnished for use in the state by that distributor.
    (b) No licensed distributor salesperson may sell, offer for sale, or furnish gambling
equipment for use within the state without being employed by a licensed distributor or
owning a distributor license.
(c) No distributor or distributor salesperson may also be licensed as a linked bingo
game provider under section 349.1635.

    Sec. 23. Minnesota Statutes 2010, section 349.161, subdivision 5, is amended to read:
    Subd. 5. Prohibition. (a) No distributor, distributor salesperson, or other employee
of a distributor, may also be a wholesale distributor of alcoholic beverages or an employee
of a wholesale distributor of alcoholic beverages.
    (b) No distributor, distributor salesperson, or any representative, agent, affiliate, or
other employee of a distributor, may: (1) be involved in the conduct of lawful gambling
by an organization; (2) keep or assist in the keeping of an organization's financial records,
accounts, and inventories; or (3) prepare or assist in the preparation of tax forms and other
reporting forms required to be submitted to the state by an organization.
    (c) No distributor, distributor salesperson, or any representative, agent, affiliate,
or other employee of a distributor may provide a lessor of gambling premises any
compensation, gift, gratuity, premium, or other thing of value.
    (d) No distributor, distributor salesperson, or any representative, agent, affiliate, or
other employee of a distributor may provide an employee or agent of the organization
any compensation, gift, gratuity, premium, or other thing of value greater than $25 per
organization in a calendar year.
    (e) No distributor, distributor salesperson, or any representative, agent, affiliate, or
other employee of a distributor may participate in any gambling activity at any gambling
site or premises where gambling equipment purchased or leased from that distributor or
distributor salesperson is being used in the conduct of lawful gambling.
    (f) No distributor, distributor salesperson, or any representative, agent, affiliate, or
other employee of a distributor may alter or modify any gambling equipment, except to
add a "last ticket sold" prize sticker for a paper pull-tab game.
    (g) No distributor, distributor salesperson, or any representative, agent, affiliate, or
other employee of a distributor may: (1) recruit a person to become a gambling manager
of an organization or identify to an organization a person as a candidate to become
gambling manager for the organization; or (2) identify for an organization a potential
gambling location.
    (h) No distributor or distributor salesperson may purchase or lease gambling
equipment for resale or lease to a person for use within the state from any person not
licensed as a manufacturer under section 349.163, except for gambling equipment
returned from an organization licensed under section 349.16, or exempt or excluded from
licensing under section 349.166.
    (i) No distributor or distributor salesperson may sell gambling equipment, except
gambling equipment identified as a promotional ticket, to any person for use in Minnesota
other than (i) a licensed organization or organization excluded or exempt from licensing,
or (ii) the governing body of an Indian tribe.
    (j) No distributor or distributor salesperson may sell or otherwise provide a paper
pull-tab or tipboard deal with the symbol required by section 349.163, subdivision 5,
paragraph (d), visible on the flare to any person other than in Minnesota to a licensed
organization or organization exempt from licensing.

    Sec. 24. Minnesota Statutes 2010, section 349.162, subdivision 5, is amended to read:
    Subd. 5. Sales from facilities. (a) All gambling equipment purchased or possessed
by a licensed distributor for resale or lease to any person for use in Minnesota must, prior
to the equipment's resale or lease, be unloaded into a storage facility located in Minnesota
which the distributor owns or leases; and which has been registered, in advance and in
writing, with the Division of Alcohol and Gambling Enforcement as a storage facility of
the distributor. All unregistered gambling equipment and all unaffixed registration stamps
owned by, or in the possession of, a licensed distributor in the state of Minnesota shall be
stored at a storage facility which has been registered with the Division of Alcohol and
Gambling Enforcement. No gambling equipment may be moved from the facility unless
the gambling equipment has been first registered with the board or the Department of
Revenue. A distributor must notify the board of the method that it will use to sell and
transfer electronic pull-tab games to licensed organizations, and must receive approval of
the board before implementing or making changes to the approved method.
(b) Notwithstanding section 349.163, subdivisions 5, 6, and 8, a licensed
manufacturer may ship into Minnesota approved or unapproved gambling equipment if the
licensed manufacturer ships the gambling equipment to a Minnesota storage facility that
is: (1) owned or leased by the licensed manufacturer; and (2) registered, in advance and
in writing, with the Division of Alcohol and Gambling Enforcement as a manufacturer's
storage facility. No gambling equipment may be shipped into Minnesota to the
manufacturer's registered storage facility unless the shipment of the gambling equipment
is reported to the Department of Revenue in a manner prescribed by the department.
No gambling equipment may be moved from the storage facility unless the gambling
equipment is sold to a licensed distributor and is otherwise in conformity with this chapter,
is shipped to an out-of-state site and the shipment is reported to the Department of
Revenue in a manner prescribed by the department, or is otherwise sold and shipped as
permitted by board rule. A manufacturer must notify the board of the method that it will
use to sell and transfer electronic pull-tab games to licensed distributors, and must receive
approval of the board before implementing or making changes to the approved method.
(c) All storage facilities owned, leased, used, or operated by a licensed distributor
or manufacturer may be entered upon and inspected by the employees of the Division of
Alcohol and Gambling Enforcement, the Division of Alcohol and Gambling Enforcement
director's authorized representatives, employees of the Gambling Control Board or its
authorized representatives, employees of the Department of Revenue, or authorized
representatives of the director of the Division of Special Taxes of the Department of
Revenue during reasonable and regular business hours. Obstruction of, or failure to
permit, entry and inspection is cause for revocation or suspension of a manufacturer's or
distributor's licenses and permits issued under this chapter.
(d) Unregistered gambling equipment found at any location in Minnesota other than
the manufacturing plant of a licensed manufacturer or a registered storage facility are
contraband under section 349.2125. This paragraph does not apply:
(1) to unregistered gambling equipment being transported in interstate commerce
between locations outside this state, if the interstate shipment is verified by a bill of lading
or other valid shipping document; and
(2) to gambling equipment registered with the Department of Revenue for
distribution to the tribal casinos.

    Sec. 25. Minnesota Statutes 2010, section 349.163, subdivision 1, is amended to read:
    Subdivision 1. License required. No manufacturer of gambling equipment may
sell any gambling equipment to any person for use or resale within the state, unless the
manufacturer has a current and valid license issued by the board under this section and has
satisfied other criteria prescribed by the board by rule. A manufacturer licensed under this
section may also be licensed as a linked bingo game provider under section 349.1635.
A manufacturer licensed under this section may not also be directly or indirectly
licensed as a distributor under section 349.161.

    Sec. 26. Minnesota Statutes 2010, section 349.163, subdivision 5, is amended to read:
    Subd. 5. Paper pull-tab and tipboard flares. (a) A manufacturer may not ship or
cause to be shipped into this state or sell for use or resale in this state any deal of paper
pull-tabs or tipboards that does not have its own individual flare as required for that deal
by this subdivision and rule of the board. A person other than a manufacturer may not
manufacture, alter, modify, or otherwise change a flare for a deal of paper pull-tabs or
tipboards except as allowed by this chapter or board rules.
(b) The flare of each paper pull-tab and tipboard game must have affixed to
or imprinted at the bottom a bar code that provides all information required by the
commissioner of revenue under section 297E.04, subdivision 2.
The serial number included in the bar code must be the same as the serial number
of the tickets included in the deal. A manufacturer who manufactures a deal of paper
pull-tabs must affix to the outside of the box containing that game the same bar code that
is affixed to or imprinted at the bottom of a flare for that deal.
(c) No person may alter the bar code that appears on the outside of a box containing
a deal of paper pull-tabs and tipboards. Possession of a box containing a deal of paper
pull-tabs and tipboards that has a bar code different from the bar code of the deal inside
the box is prima facie evidence that the possessor has altered the bar code on the box.
(d) The flare of each deal of paper pull-tabs and tipboards sold by a manufacturer for
use or resale in Minnesota must have imprinted on it a symbol that is at least one inch high
and one inch wide consisting of an outline of the geographic boundaries of Minnesota
with the letters "MN" inside the outline. The flare must be placed inside the wrapping of
the deal which the flare describes.
(e) Each paper pull-tab and tipboard flare must bear the following statement printed
in letters large enough to be clearly legible:
"Pull-tab (or tipboard) purchasers -- This pull-tab (or tipboard) game is not legal in
Minnesota unless:
-- an outline of Minnesota with letters "MN" inside it is imprinted on this sheet, and
-- the serial number imprinted on the bar code at the bottom of this sheet is the same
as the serial number on the pull-tab (or tipboard) ticket you have purchased."
(f) The flare of each paper pull-tab and tipboard game must have the serial number
of the game imprinted on the bar code at the bottom of the flare in numerals at least
one-half inch high.

    Sec. 27. Minnesota Statutes 2010, section 349.163, subdivision 6, is amended to read:
    Subd. 6. Samples of gambling equipment. (a) The board shall require each
licensed manufacturer to submit to the board one or more samples of each item of gambling
equipment the manufacturer manufactures manufactured for use or resale in this state.
For purposes of this subdivision, a manufacturer is also required to submit the applicable
version of any software necessary to operate electronic devices and related systems.
(b) The board shall inspect and test all the equipment, including software and
software upgrades, it deems necessary to determine the equipment's compliance with
law and board rules. Samples required under this subdivision must be approved by the
board before the equipment being sampled is shipped into or sold for use or resale in this
state. The board shall impose a fee of $25 for each item of gambling equipment that the
manufacturer submits for approval or for which the manufacturer requests approval. The
board shall impose a fee of $100 for each sample of gambling equipment that it tests.
(c) The board may require samples of gambling equipment to be tested by an
independent testing laboratory prior to submission to the board for approval. All costs
of testing by an independent testing laboratory must be borne by the manufacturer. An
independent testing laboratory used by a manufacturer to test samples of gambling
equipment must be approved by the board before the equipment is submitted to the
laboratory for testing.
(d) The board may request the assistance of the commissioner of public safety and
the director of the State Lottery in performing the tests.

    Sec. 28. Minnesota Statutes 2010, section 349.1635, subdivision 2, is amended to read:
    Subd. 2. License application. The board may issue a license to a linked bingo game
provider or to a manufacturer licensed under section 349.163 who meets the qualifications
of this chapter and the rules promulgated by the board. The application shall be on a form
prescribed by the board. The license is valid for two years and the fee for a linked bingo
game provider license is $5,000 per year.

    Sec. 29. Minnesota Statutes 2010, section 349.1635, subdivision 3, is amended to read:
    Subd. 3. Attachments to application. An applicant for a linked bingo game
provider license must attach to its application:
(1) evidence of a bond in the principal amount of $100,000 payable to the state of
Minnesota conditioned on the payment of all linked bingo prizes and any other money due
and payable under this chapter;
(2) detailed plans and specifications for the operation of the linked bingo game and
the linked bingo system, along with a proposed fee schedule for the cost of providing
services and equipment to licensed organizations which may not exceed 15 percent of
gross profits, unless a higher percentage, not to exceed 20 percent, is authorized by the
board. The fee schedule must incorporate costs paid to distributors for services provided
under subdivision 5; and
(3) any other information required by the board by rule.

    Sec. 30. Minnesota Statutes 2010, section 349.1635, is amended by adding a
subdivision to read:
    Subd. 5. Linked bingo game services requirements. (a) A linked bingo game
provider must contract with licensed distributors for linked bingo game services including,
but not limited to, the solicitation of agreements with licensed organizations, and
installation, repair, or maintenance of the linked bingo game system.
(b) A distributor may not charge a fee to licensed organizations for services
authorized and rendered under paragraph (a).
(c) A linked bingo game provider may not contract with any distributor on an
exclusive basis.
(d) A linked bingo game provider may refuse to contract with a licensed distributor
if the linked bingo game provider demonstrates that the licensed distributor is not capable
of performing the services under the contract.

    Sec. 31. Minnesota Statutes 2010, section 349.165, subdivision 2, is amended to read:
    Subd. 2. Contents of application. An application for a premises permit must
contain:
    (1) the name and address of the applying organization;
    (2) a description of the site for which the permit is sought, including its address and,
where applicable, its placement within another premises or establishment;
    (3) if the site is leased, the name and address of the lessor and information about the
lease the board requires, including all rents and other charges for the use of the site. The
lease term is concurrent with the term of the premises permit. The lease must contain a
30-day termination clause. No lease is required for the conduct of a raffle; and
    (4) other information the board deems necessary to carry out its purposes.
    An organization holding a premises permit must notify the board in writing within
ten days whenever any material change is made in the above information.

    Sec. 32. Minnesota Statutes 2010, section 349.17, subdivision 6, is amended to read:
    Subd. 6. Conduct of bingo. The price of a face played on an electronic bingo
device may not be less than the price of a face on a bingo paper sheet sold for the same
game at the same occasion. A game of bingo begins with the first letter and number called
or displayed. Each player must cover, mark, or activate the numbers when bingo numbers
are randomly selected, and announced, and or displayed to the players, either manually
or with a flashboard and monitor. The game is won when a player, using bingo paper,
bingo hard card, or a facsimile of a bingo paper sheet, has completed, as described in the
bingo program, a previously designated pattern or previously determined requirements
of the game and declared bingo. The game is completed when a winning card, sheet, or
facsimile is verified and a prize awarded pursuant to subdivision 3.

    Sec. 33. Minnesota Statutes 2010, section 349.17, subdivision 7, is amended to read:
    Subd. 7. Bar bingo. An organization may conduct bar bingo subject to the
following restrictions:
    (1) the bingo is conducted at a site the organization owns or leases and which has a
license for the sale of intoxicating beverages on the premises under chapter 340A; and
    (2) the bingo is conducted using only bingo paper sheets or facsimiles of bingo paper
sheets purchased from a licensed distributor or licensed linked bingo game provider; and.
    (3) no rent may be paid for a bar bingo occasion.

    Sec. 34. Minnesota Statutes 2010, section 349.17, subdivision 8, is amended to read:
    Subd. 8. Linked bingo games. (a) A licensed organization may conduct or
participate in not more than two linked bingo games per occasion, one of which may be,
including a progressive games game in which a portion of the prize is carried over from
one occasion game to another until won by a player achieving a valid bingo within a
predetermined amount of bingo numbers called based upon a predetermined and posted
win determination.
    (b) Each participating licensed organization shall contribute to each prize awarded in
a linked bingo game in an amount not to exceed $300. Linked bingo games may only be
conducted by licensed organizations who have a valid agreement with the linked bingo
game provider.
    (c) An electronic bingo device as defined in section 349.12, subdivision 12a, may
be used for a linked bingo game.
    (d) The board may adopt rules to:
    (1) specify the manner in which a linked bingo game must be played and how the
linked bingo prizes must be awarded;
    (2) specify the records to be maintained by a linked bingo game provider;
    (3) require the submission of periodic reports by the linked bingo game provider and
specify the content of the reports;
    (4) establish the qualifications required to be licensed as a linked bingo game
provider; and
    (5) any other matter involving the operation of a linked bingo game.

    Sec. 35. Minnesota Statutes 2010, section 349.17, is amended by adding a subdivision
to read:
    Subd. 9. Linked bingo games played exclusively on electronic bingo devices. In
addition to the requirements of subdivision 8, the following requirements and restrictions
apply when linked bingo games are played exclusively on electronic bingo devices.
(a) The permitted premises must be:
(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent
malt beverages, except for a general food store or drug store permitted to sell alcoholic
beverages under section 340A.405, subdivision 1; or
(2) a premises where bingo is conducted as the primary business and has a seating
capacity of at least 100.
(b) The number of electronic bingo devices is limited to:
(1) no more than six devices in play for permitted premises with 200 seats or less;
(2) no more than 12 devices in play for permitted premises with 201 seats or more;
and
(3) no more than 50 devices in play for permitted premises where bingo is the
primary business.
Seating capacity is determined as specified under the local fire code.
(c) Prior to a bingo occasion, the linked bingo game provider, on behalf of the
participating organizations, must provide to the board a bingo program in a format
prescribed by the board.
(d) Before participating in the play of a linked bingo game, a player must present
and register a valid picture identification card that includes the player's address and
date of birth.
(e) An organization may remove from play a device that a player has not maintained
in an activated mode for a specified period of time determined by the organization. The
organization must provide the notice in its house rules.

    Sec. 36. Minnesota Statutes 2010, section 349.1721, is amended to read:
349.1721 CONDUCT OF PULL-TABS.
    Subdivision 1. Cumulative or carryover games. The board shall by rule permit
pull-tab games with multiple seals. The board shall also adopt rules for pull-tab games with
cumulative or carryover prizes. The rules shall also apply to electronic pull-tab games.
    Subd. 2. Event games. The board shall by rule permit pull-tab games in which
certain winners are determined by the random selection of one or more bingo numbers
or by another method approved by the board. The rules shall also apply to electronic
pull-tab games.
    Subd. 3. Pull-tab dispensing device location restrictions and requirements.
The following pertain to pull-tab dispensing devices as defined under section 349.12,
subdivision 32a.
(a) The use of any pull-tab dispensing device must be at a permitted premises
which is:
(1) a licensed premises for on-sale of intoxicating liquor or 3.2 percent malt
beverages;
(2) a premises where bingo is conducted as the primary business; or
(3) an establishment licensed for the off-sale of intoxicating liquor, other than drug
stores and general food stores licensed under section 340A.405, subdivision 1.
(b) The number of pull-tab dispensing devices located at any permitted premises
is limited to three.
    Subd. 4. Electronic pull-tab device requirements and restrictions. The following
pertain to the use of electronic pull-tab devices as defined under section 349.12,
subdivision 12b.
(a) The use of any electronic pull-tab device may only be at a permitted premises
that is:
(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent
malt beverages, except for a general food store or drug store permitted to sell alcoholic
beverages under section 340A.405, subdivision 1; or
(2) a premises where bingo is conducted as the primary business and has a seating
capacity of at least 100; and
(3) where the licensed organization sells paper pull-tabs.
(b) The number of electronic pull-tab devices is limited to:
(1) no more than six devices in play at any permitted premises with 200 seats or less;
(2) no more than 12 devices in play at any permitted premises with 201 seats
or more; and
(3) no more than 50 devices in play at any permitted premises where the primary
business is bingo.
Seating capacity is determined as specified under the local fire code.
(c) The hours of operation for the devices are limited to 8:00 a.m. to 2:00 a.m.
(d) All electronic pull-tab games must be sold and played on the permitted premises
and may not be linked to other permitted premises.
(e) Electronic pull-tab games may not be transferred electronically or otherwise to
any other location by the licensed organization.
(f) Electronic pull-tab games may be commingled if the games are from the same
family of games and manufacturer and contain the same game name, form number, type
of game, ticket count, prize amounts, and prize denominations. Each commingled game
must have a unique serial number.
(g) An organization may remove from play a device that a player has not maintained
in an activated mode for a specified period of time determined by the organization. The
organization must provide the notice in its house rules.
(h) Before participating in the play of an electronic pull-tab game, a player must
present and register a valid picture identification card that includes the player's address
and date of birth.
(i) Each player is limited to the use of one device at a time.
    Subd. 5. Multiple chance games. The board may permit pull-tab games in which
the holders of certain predesignated winning tickets, with a prize value not to exceed $75
each, have the option of turning in the winning tickets for the chance to win a prize of
greater value.

    Sec. 37. Minnesota Statutes 2010, section 349.18, subdivision 1, is amended to read:
    Subdivision 1. Lease or ownership required; rent limitations. (a) An organization
may conduct lawful gambling only on premises it owns or leases. Leases must be on a
form prescribed by the board. The term of the lease is concurrent with the premises permit.
Leases approved by the board must specify that the board may authorize an organization
to withhold rent from a lessor for a period of up to 90 days if the board determines that
illegal gambling occurred on the premises or that the lessor or its employees participated
in the illegal gambling or knew of the gambling and did not take prompt action to stop the
gambling. The lease must authorize the continued tenancy of the organization without
the payment of rent during the time period determined by the board under this paragraph.
Copies of all leases must be made available to employees of the board and the Division of
Alcohol and Gambling Enforcement on request.
    (b) Rent paid by an organization for leased premises for the conduct of pull-tabs,
tipboards, and paddle wheels lawful gambling is subject to the following limits and
restrictions:
    (1) For booth operations, including booth operations where a pull-tab dispensing
device is located, booth operations where a bar operation is also conducted, and booth
operations where both a pull-tab dispensing device is located and a bar operation is also
conducted, the maximum rent is: monthly rent may not exceed ten percent of gross profits
for that month. Total rent paid to a lessor from all organizations from leases governed by
this clause may not exceed $1,750 per month.
    (i) in any month where the organization's gross profit at those premises does not
exceed $4,000, up to $400; and
    (ii) in any month where the organization's gross profit at those premises exceeds
$4,000, up to $400 plus not more than ten percent of the gross profit for that month in
excess of $4,000;
    (2) For bar operations, including bar operations where a pull-tab dispensing device
is located but not including bar operations subject to clause (1), and for locations where
only a pull-tab dispensing device is located: monthly rent may not exceed:
(i) 15 percent of the gross profits for that month from pull-tabs sold from a pull-tab
dispensing device, electronic pull-tab games, and electronic linked bingo games; and
(ii) not more than 20 percent of gross profits from all other forms of lawful gambling.
    (i) in any month where the organization's gross profit at those premises does not
exceed $1,000, up to $200; and
    (ii) in any month where the organization's gross profit at those premises exceeds
$1,000, up to $200 plus not more than 20 percent of the gross profit for that month
in excess of $1,000;
    (3) a lease not governed by clauses (1) and (2) must be approved by the board before
becoming effective; For electronic linked bingo games and electronic pull-tab games that
are operated for separate time periods within a business day by an organization and the
lessor, monthly rent may not be more than:
(i) 15 percent of the gross profits for that month for the time periods operated by
the lessor. The lessor is responsible for cash shortages that occur during the time periods
the games are operated by the lessor; and
(ii) ten percent of the gross profits for that month for the time periods operated by
the organization. The organization is responsible for cash shortages that occur during the
time periods the games are operated by the organization.
    (4) total rent paid to a lessor from all organizations from leases governed by clause
(1) may not exceed $1,750 per month.
    (c) Rent paid by an organization for leased premises for the conduct of bingo is
subject to either of the following limits at the option of the parties to the lease:
    (1) (4) For bingo conducted at a leased premises where the primary business is
bingo, rent is limited to either not more than ten percent of the monthly gross profit from
all lawful gambling activities held during bingo occasions, excluding bar bingo or at a
rate based on a cost per square foot not to exceed 110 percent of a comparable cost per
square foot for leased space as approved by the director; and.
    (2) (5) No rent may be paid for bar bingo as defined in section 349.12, subdivision 3c.
(6) A lease not governed by clauses (1) to (5) must be approved by the director
before becoming effective.
    (d) (c) Amounts paid as rent under leases are all-inclusive. No other services or
expenses provided or contracted by the lessor may be paid by the organization, including,
but not limited to, trash removal, janitorial and cleaning services, snow removal, lawn
services, electricity, heat, security, security monitoring, storage, and other utilities or
services, and, in the case of bar operations, cash shortages, unless approved by the
director. The lessor shall be responsible for the cost of any communications network or
service required to conduct electronic pull-tab games or electronic bingo games. Any
other expenditure made by an organization that is related to a leased premises must be
approved by the director. For bar operations, the lessor is responsible for cash shortages.
An organization may not provide any compensation or thing of value to a lessor or the
lessor's employees from any fund source other than its gambling account. Rent payments
may not be made to an individual.
    (e) (d) Notwithstanding paragraph (b), an organization may pay a lessor for food
or beverages or meeting room rental if the charge made is comparable to similar charges
made to other individuals or groups.
    (f) No entity other than the (e) A licensed organization may not conduct any activity
within a booth operation on behalf of the lessor on a leased premises.

    Sec. 38. Minnesota Statutes 2010, section 349.19, subdivision 2, is amended to read:
    Subd. 2. Accounts. (a) Gross receipts from lawful gambling by each organization
must be segregated from all other revenues of the conducting organization and placed in a
separate gambling bank account.
(b) All expenditures for allowable expenses, taxes, and lawful purposes must be
made from the separate account except (1) in the case of expenditures previously approved
by the organization's membership for emergencies as defined by board rule, (2) as provided
in subdivision 2a, or (3) when restricted to one electronic fund transaction for the payment
of taxes for the organization as a whole, the organization may transfer the amount of taxes
related to the conduct of gambling to the general account at the time when due and payable.
(c) The name and address of the bank, the account number for the separate account,
and the names of organization members authorized as signatories on the separate account
must be provided to the board when the application is submitted. Changes in the
information must be submitted to the board at least ten days before the change is made.
(d) Except for gambling receipts from electronic pull-tab games and linked
electronic bingo games, gambling receipts must be deposited into the gambling bank
account within four business days of completion of the bingo occasion, deal, or game from
which they are received.
(1) A deal of paper pull-tabs is considered complete when either the last pull-tab of
the deal is sold or the organization does not continue the play of the deal during the next
scheduled period of time in which the organization will conduct pull-tabs.
(2) A tipboard game is considered complete when the seal on the game flare is
uncovered or the organization does not continue the play of the deal during the next
scheduled period of time in which the organization will conduct tipboards.
(e) Gambling receipts from all electronic pull-tab games and all linked electronic
bingo games must be recorded on a daily basis and deposited into the gambling bank
account within two business days.
(e) (f) Deposit records must be sufficient to allow determination of deposits made
from each bingo occasion, deal, or game at each permitted premises.
(f) (g) The person who accounts for gambling gross receipts and profits may not be
the same person who accounts for other revenues of the organization.

    Sec. 39. Minnesota Statutes 2010, section 349.19, subdivision 3, is amended to read:
    Subd. 3. Expenditures. (a) All expenditures of gross profits from lawful gambling
must be itemized as to payee, purpose, amount, and date of payment.
(b) Each licensed organization must report monthly to the board on a form in an
electronic format prescribed by the board each expenditure or contribution of net profits
from lawful gambling. The reports must provide for each expenditure or contribution:
(1) the name of the recipient of the expenditure or contribution;
(2) the date the expenditure or contribution was approved by the organization;
(3) the date, amount, and check number or electronic transfer confirmation number
of the expenditure or contribution;
(4) a brief description of how the expenditure or contribution meets one or more of
the purposes in section 349.12, subdivision 25; and
(5) in the case of expenditures authorized under section 349.12, subdivision 25,
paragraph (a), clause (7), whether the expenditure is for a facility or activity that primarily
benefits male or female participants.
(c) Authorization of the expenditures must be recorded in the monthly meeting
minutes of the licensed organization.
(d) Checks or authorizations for electronic fund transfers for expenditures of gross
profits must be signed by at least two persons authorized by board rules to sign the
checks or authorizations.
(e) Expenditures of gross profits from lawful gambling for local, state, and federal
taxes as identified in section 349.12, subdivision 25, paragraph (a), clause (8), may be
transferred electronically from the organization's gambling account directly to bank
accounts identified by local, state, or federal agencies if the organization's gambling
account monthly bank statement specifically identifies the payee by name, the amount
transferred, and the date of the transaction.
(f) Expenditures of gross profits from lawful gambling for payments for lawful
purpose expenditures and allowable expenses may be transferred electronically from the
organization's gambling account directly to bank accounts identified by the vendor if the
organization's gambling account monthly bank statement specifically identifies the payee
by name, the amount transferred, the account number of the account into which the funds
were transferred, and the date of the transaction.
(g) Expenditures of gross profits from lawful gambling for payroll compensation
to an employee's account and for the payment of local, state, and federal withholding
taxes may be transferred electronically to and from the account of a payroll processing
firm provided that the firm:
(1) is currently registered with and meets the criteria of the Department of Revenue
as a third-party bulk filer under section 290.92, subdivision 30;
(2) is able to provide proof of a third-party audit and an annual report and statement
of financial condition;
(3) is able to provide evidence of a fidelity bond; and
(4) can provide proof of having been in business as a third-party bulk filer for the
most recent three years.
(h) Electronic payments of taxes, lawful purpose expenditures, and allowable
expenses are permitted only if they have been authorized by the membership, the
organization maintains supporting documentation, and the expenditures can be verified.
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 40. Minnesota Statutes 2010, section 349.19, subdivision 5, is amended to read:
    Subd. 5. Reports. (a) A licensed organization must report monthly to the
Department of Revenue board in an electronic format prescribed by the board and to its
membership monthly, or quarterly in the case of a licensed organization which does not
report more than $1,000 in gross receipts from lawful gambling in any calendar quarter,
on its gross receipts, expenses, profits, and expenditure of profits from lawful gambling
for each permitted premises. The organization must account for and report on each form
of lawful gambling conducted. The report organization must include a reconciliation of
the organization's profit carryover with its cash balance on hand. If the organization
conducts both bingo and other forms of lawful gambling, the figures for both must be
reported separately.
(b) The organization must report annually to its membership and annually file with
the board a financial summary report in a format prescribed by the board that identifies the
organization's receipts and use of lawful gambling proceeds, including: monthly to the
commissioner of revenue as required under section 297E.06.
(1) gross receipts;
(2) prizes paid;
(3) allowable expenses;
(4) lawful purpose expenditures, including annual totals for types of charitable
contributions and all taxes and fees as per section 349.12, subdivision 25, paragraph
(a), clauses (8) and (18);
(5) the percentage of annual gross profits used for charitable contributions; and
(6) the percentage of annual gross profits used for all taxes and fees as per section
349.12, subdivision 25, paragraph (a), clauses (8) and (18).
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 41. Minnesota Statutes 2010, section 349.19, subdivision 10, is amended to read:
    Subd. 10. Pull-tab records. (a) The board shall by rule require a licensed
organization to require each winner of a paper pull-tab prize of $50 or more to present
identification in the form of a driver's license, Minnesota identification card, or other
identification the board deems sufficient to allow the identification and tracking of the
winner. The rule must require the organization to retain winning paper pull-tabs of $50 or
more, and the identification of the winner of the pull-tab, for 3-1/2 years.
    (b) An organization must maintain separate cash banks for each deal of paper
pull-tabs unless (1) the licensed organization uses a pull-tab dispensing device, or (2) the
organization uses a cash register, of a type approved by the board, which records all
sales of paper pull-tabs by separate deals.
    (c) The board shall:
    (1) by rule adopt minimum technical standards for cash registers that may be used
by organizations, and shall approve for use by organizations any cash register that meets
the standards; and
    (2) before allowing an organization to use a cash register that commingles receipts
from several different paper pull-tab games in play, adopt rules that define how cash
registers may be used and that establish a procedure for organizations to reconcile all
pull-tab games in play at the end of each month.

    Sec. 42. Minnesota Statutes 2010, section 349.211, subdivision 1a, is amended to read:
    Subd. 1a. Linked bingo prizes. Prizes for a linked bingo game shall be limited
as follows:
(1) no organization may contribute more than $300 per linked bingo game to a
linked bingo prize pool for linked bingo games played without electronic bingo devices,
an organization may not contribute to a linked bingo game prize pool more than $300
per linked bingo game per site;
(2) for linked bingo games played exclusively with electronic bingo devices, an
organization may not contribute more than 85 percent of the gross receipts per permitted
premises to a linked bingo game prize pool;
(2) (3) no organization may award more than $200 for a linked bingo game
consolation prize. For purposes of this subdivision, a linked bingo game consolation
prize is a prize awarded by an organization after a prize from the linked bingo prize pool
has been won; and
    (3) (4) for a progressive linked bingo game, if no player declares a valid bingo
within the for a progressive prize or prizes based on a predetermined amount of bingo
numbers called and posted win determination, a portion of the prize is gross receipts
may be carried over to another occasion game until the accumulated progressive prize
is won. The portion of the prize that is not carried over must be awarded to the first
player or players who declares a valid bingo as additional numbers are called. If a valid
bingo is declared within the predetermined amount of bingo numbers called, the entire
prize pool for that game is awarded to the winner. The annual limit for progressive bingo
game prizes contained in subdivision 2 must be reduced by the amount an organization
contributes to progressive linked bingo games during the same calendar year.; and
(5) for linked bingo games played exclusively with electronic bingo devices, linked
bingo prizes in excess of $599 shall be paid by the linked bingo game provider to the
player within three business days. Winners of linked bingo prizes in excess of $599 will
be given a receipt or claim voucher as proof of a win.

    Sec. 43. APPROPRIATION.
(a) $779,000 in fiscal year 2013 and $779,000 in fiscal year 2014 and $779,000 in
fiscal year 2015 are appropriated from the lawful gambling regulation account in the
special revenue fund to the Gambling Control Board for operating expenses related
to the regulatory oversight of lawful gambling for electronic pull-tabs and electronic
linked bingo.
(b) One-half of one percent of the revenue deposited in the general fund under
Minnesota Statutes, section 16A.965, subdivision 8, paragraph (a), is appropriated to
the commissioner of human services for the compulsive gambling treatment program
established under Minnesota Statutes, section 245.98. One-half of one percent of the
revenue deposited in the general fund under Minnesota Statutes, section 16A.965,
subdivision 8, paragraph (a), is appropriated to the Gambling Control Board for a
grant to the state affiliate recognized by the National Council on Problem Gambling to
increase public awareness of problem gambling, education and training for individuals
and organizations providing effective treatment services to problem gamblers and
their families, and research relating to problem gambling. Money appropriated by this
paragraph must supplement and must not replace existing state funding for these programs.

    Sec. 44. EFFECTIVE DATE.
Except as otherwise explicitly provided, this article is effective the day following
final enactment.

ARTICLE 6

MISCELLANEOUS

    Section 1. Minnesota Statutes 2010, section 297A.71, is amended by adding a
subdivision to read:
    Subd. 44. Building materials, capital projects. Materials and supplies used or
consumed in and equipment incorporated into the construction or improvement of a
capital project funded partially or wholly under section 297A.9905 are exempt, provided
that the project has a total construction cost of at least $40,000,000 within a 24-month
period. The tax on purchases exempt under this provision must be imposed and collected
as if the rate under section 297A.62, subdivision 1, applied and then refunded in the
manner provided in section 297A.75.
EFFECTIVE DATE.This section is effective for sales and purchases made after
June 30, 2013.

    Sec. 2. Minnesota Statutes 2010, section 297A.75, as amended by Laws 2011, First
Special Session chapter 7, article 3, sections 13 to 15, is amended to read:
297A.75 REFUND; APPROPRIATION.
    Subdivision 1. Tax collected. The tax on the gross receipts from the sale of the
following exempt items must be imposed and collected as if the sale were taxable and the
rate under section 297A.62, subdivision 1, applied. The exempt items include:
    (1) capital equipment exempt under section 297A.68, subdivision 5;
    (2) building materials for an agricultural processing facility exempt under section
297A.71, subdivision 13 ;
    (3) building materials for mineral production facilities exempt under section
297A.71, subdivision 14 ;
    (4) building materials for correctional facilities under section 297A.71, subdivision
3 ;
    (5) building materials used in a residence for disabled veterans exempt under section
297A.71, subdivision 11 ;
    (6) elevators and building materials exempt under section 297A.71, subdivision 12;
    (7) building materials for the Long Lake Conservation Center exempt under section
297A.71, subdivision 17 ;
    (8) materials and supplies for qualified low-income housing under section 297A.71,
subdivision 23 ;
    (9) materials, supplies, and equipment for municipal electric utility facilities under
section 297A.71, subdivision 35;
    (10) equipment and materials used for the generation, transmission, and distribution
of electrical energy and an aerial camera package exempt under section 297A.68,
subdivision 37;
    (11) tangible personal property and taxable services and construction materials,
supplies, and equipment exempt under section 297A.68, subdivision 41;
    (12) commuter rail vehicle and repair parts under section 297A.70, subdivision
3, clause (11);
    (13) materials, supplies, and equipment for construction or improvement of projects
and facilities under section 297A.71, subdivision 40;
(14) materials, supplies, and equipment for construction or improvement of a meat
processing facility exempt under section 297A.71, subdivision 41;
(15) materials, supplies, and equipment for construction, improvement, or expansion
of an aerospace defense manufacturing facility exempt under section 297A.71, subdivision
42; and
(16) enterprise information technology equipment and computer software for use in
a qualified data center exempt under section 297A.68, subdivision 42.; and
(17) materials, supplies, and equipment for qualifying capital projects under section
297A.71, subdivision 44.
    Subd. 2. Refund; eligible persons. Upon application on forms prescribed by the
commissioner, a refund equal to the tax paid on the gross receipts of the exempt items
must be paid to the applicant. Only the following persons may apply for the refund:
    (1) for subdivision 1, clauses (1) to (3), the applicant must be the purchaser;
    (2) for subdivision 1, clauses (4) and (7), the applicant must be the governmental
subdivision;
    (3) for subdivision 1, clause (5), the applicant must be the recipient of the benefits
provided in United States Code, title 38, chapter 21;
    (4) for subdivision 1, clause (6), the applicant must be the owner of the homestead
property;
    (5) for subdivision 1, clause (8), the owner of the qualified low-income housing
project;
    (6) for subdivision 1, clause (9), the applicant must be a municipal electric utility or
a joint venture of municipal electric utilities;
    (7) for subdivision 1, clauses (10), (11), (14), (15), and (16), the owner of the
qualifying business; and
    (8) for subdivision 1, clauses (12) and, (13), and (17), the applicant must be the
governmental entity that owns or contracts for the project or facility.
    Subd. 3. Application. (a) The application must include sufficient information
to permit the commissioner to verify the tax paid. If the tax was paid by a contractor,
subcontractor, or builder, under subdivision 1, clause (4), (5), (6), (7), (8), (9), (10), (11),
(12), (13), (14), (15), or (16), or (17), the contractor, subcontractor, or builder must
furnish to the refund applicant a statement including the cost of the exempt items and the
taxes paid on the items unless otherwise specifically provided by this subdivision. The
provisions of sections 289A.40 and 289A.50 apply to refunds under this section.
    (b) An applicant may not file more than two applications per calendar year for
refunds for taxes paid on capital equipment exempt under section 297A.68, subdivision 5.
    (c) Total refunds for purchases of items in section 297A.71, subdivision 40, must not
exceed $5,000,000 in fiscal years 2010 and 2011. Applications for refunds for purchases
of items in sections 297A.70, subdivision 3, paragraph (a), clause (11), and 297A.71,
subdivision 40, must not be filed until after June 30, 2009.
    Subd. 4. Interest. Interest must be paid on the refund at the rate in section 270C.405
from 90 days after the refund claim is filed with the commissioner for taxes paid under
subdivision 1.
    Subd. 5. Appropriation. The amount required to make the refunds is annually
appropriated to the commissioner.
EFFECTIVE DATE.This section is effective for sales and purchases made after .....

    Sec. 3. [297A.9905] USE OF LOCAL TAX REVENUES BY CITIES OF THE
FIRST CLASS.
(a) Notwithstanding section 297A.99, or other general or special law or charter
provision, if the revenues from any local tax imposed on retail sales under special law
by a city of the first class exceeds the amount needed to fund the uses authorized in the
special law, the city may expend the excess revenue from the tax to fund other capital
projects of regional significance.
(b) For purposes of this section:
(1) "city of the first class" has the meaning given in section 410.01; and
(2) "capital project of regional significance" means construction, expansion, or
renovation of a sports facility or convention or civic center, that has a construction cost
of at least $40,000,000.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 4. USE OF THE STADIUM.
    Subdivision 1. Amateur sports use. The lessee of the stadium must make the
facilities of the stadium available to the Minnesota Amateur Sports Commission up to
ten days each year on terms satisfactory to the commission for amateur sports activities
consistent with Minnesota Statutes, chapter 240A, each year during the time the bonds
issued pursuant to this act are outstanding. The commission must negotiate in good faith
and may be required to pay no more than actual out-of-pocket expenses for the time
it uses the stadium.
    Subd. 2. High school league. The lessee of the stadium must make the facilities of
the stadium available for use by the Minnesota State High School League for at least seven
days each year for high school soccer and football tournaments. The lessee of the stadium
must provide, and may not charge the league a fee for, this use, including security, ticket
takers, custodial or cleaning services, or other similar services in connection with this use.

ARTICLE 7

STADIUM BLINK-ON FUNDING

    Section 1. [16A.1524] BACKUP REVENUES; FOOTBALL STADIUM
FUNDING.
    (a) If the commissioner of management and budget determines that the amount of
revenues under section 16A.965, subdivision 8, paragraph (a), for the next fiscal year will
be less than the amounts specified in section 16A.965, subdivision 8, paragraph (b), for
that fiscal year, the commissioner may implement the revenue options authorized in this
article. If the commissioner determines to exercise the authority under this section for
a fiscal year, the commissioner must implement the revenue options, as necessary, in
the following order:
(1) a tax on luxury boxes as provided under section 473J.14, paragraph (a), clause
(1);
    (2) a sports-themed lottery game under section 349A.20;
    (3) excess revenue from Hennepin County tax as provided under section 473.757,
subdivision 11, paragraph (d); and
    (4) an admissions tax, as provided under section 473J.14, paragraph (a), clause (2).
    (b) Revenue raised under the authority granted by this section must be deposited
in the general fund.
    (c) If the commissioner determines to implement one or more of the revenue options
authorized by this section, each subsequent year the commissioner must determine if
the revenue is needed and will be imposed and collected for the next fiscal year. If the
commissioner determines that one or more revenue options implemented for a fiscal year
are not needed for a subsequent fiscal year, the commissioner must terminate them in the
reverse order they were required to be implemented by paragraph (a) with the last option
implemented terminated first and so forth.
    (d) Before implementing a revenue source authorized under this section, the
commissioner must report the intent to do so to the Legislative Commission on Planning
and Fiscal Policy. The commissioner must inform the commission of determinations to
continue or discontinue each revenue source for a subsequent fiscal year.

    Sec. 2. [349A.20] STADIUM, SPORTS-THEMED GAME.
    The State Lottery shall conduct a game based on stadium or professional sports
themes to generate a minimum of $2,100,000 in additional revenue for the fiscal year
for the general fund.
EFFECTIVE DATE.This section is effective pursuant to the authority granted
under section 1, on the day following final enactment.

    Sec. 3. Minnesota Statutes 2011 Supplement, section 473.757, subdivision 11, is
amended to read:
    Subd. 11. Uses of tax. (a) Revenues received from the tax imposed under
subdivision 10 may be used:
    (1) to pay costs of collection;
    (2) to pay or reimburse or secure the payment of any principal of, premium, or
interest on bonds issued in accordance with Laws 2006, chapter 257, section 12;
    (3) to pay costs and make expenditures and grants described in this section, including
financing costs related to them;
    (4) to maintain reserves for the foregoing purposes deemed reasonable and
appropriate by the county;
    (5) to pay for operating costs of the ballpark authority other than the cost of
operating or maintaining the ballpark; and
    (6) to make expenditures and grants for youth activities and amateur sports and
extension of library hours as described in subdivision 2;
and for no other purpose.
    (b) Revenues from the tax designated for use under paragraph (a), clause (5), must
be deposited in the operating fund of the ballpark authority.
    (c) After completion of the ballpark and public infrastructure, the tax revenues not
required for current payments of the expenditures described in paragraph (a), clauses (1) to
(6), shall be used to (i) redeem or defease the bonds and (ii) prepay or establish a fund for
payment of future obligations under grants or other commitments for future expenditures
which are permitted by this section. Upon the redemption or defeasance of the bonds and
the establishment of reserves adequate to meet such future obligations, the taxes shall
terminate and shall not be reimposed. For purposes of this subdivision, "reserves adequate
to meet such future obligations" means a reserve that does not exceed the net present value
of the county's obligation to make grants under paragraph (a), clauses (5) and (6), and to
fund the reserve for capital improvements required under section 473.759, subdivision 3,
for the 30-year period beginning on the date of the original issuance of the bonds, less
those obligations that the county has already paid. Each fiscal year revenues available
for use under this paragraph must be accumulated and may not be expended under this
paragraph until 15 days after the close of the county's fiscal year, provided that the county
has not received a notice under paragraph (d).
    (d) Notwithstanding the authority to use revenues under paragraph (c), upon
notification by the commissioner of management and budget under section 16A.1524 for a
state fiscal year, the county must pay any revenues that would be available under paragraph
(c) to the commissioner for that state fiscal year as provided under section 16A.1524.
EFFECTIVE DATE.This section is effective the day following final enactment
without local approval by Hennepin County under Minnesota Statutes, section 645.023,
subdivision 1, paragraph (c).

    Sec. 4. [473J.14] ADMISSIONS TAX.
    (a) Upon notification by the commissioner of management and budget under section
16A.1524, the commission shall by resolution impose and maintain a ten percent tax
on either or both of:
(1) the gross receipts received for the rental of box seats, suites, sky boxes, and
similar in the NFL stadium; or
(2) the granting, issuance, sale, or distribution, by any private or public person,
association, or corporation, of the privilege of admission to professional sporting events
at the NFL stadium.
(b) Each tax must be imposed in the years specified by the commissioner of
management and budget. The suites rental tax under paragraph (a), clause (1), applies to
the gross receipts, as defined under section 297A.61, received by the seller, as defined
in section 297A.61, and is a debt owed by the seller to the commission. The admission
tax under paragraph (a), clause (2), must be stated and charged separately from the sales
price so far as practicable and the grantor, seller, or distributor must collect the tax from
the person admitted and the tax is a debt from that person to the grantor, issuer, seller, or
distributor, and the tax required to be collected is a debt owed by the grantor, issuer, seller,
or distributor to the commission. Any tax imposed under this section is recoverable at
law by the commission from the grantor, issuer, seller, or distributor in the same manner
as other debts. Every person granting, issuing, selling, or distributing tickets for taxable
admissions or renting boxes, suites, or similar may be required, as provided in resolutions
of the commission, to secure a permit, to file returns, to deposit security for the payment
of the tax, and to pay the penalties for nonpayment and interest on late payments, as the
commission deems necessary or expedient to assure the prompt and uniform collection of
either or both of the taxes.
    (c) The commission shall remit the proceeds of any taxes imposed under this section
to the commissioner of management and budget for deposit in the state's general fund.
    (d) Notwithstanding any other provisions of this section, the imposition of an
admission tax upon a national superbowl football game conducted at the NFL stadium is
discretionary with the commission.

ARTICLE 8

GAMBLING TAX CHANGES

    Section 1. Minnesota Statutes 2010, section 297E.01, subdivision 7, is amended to read:
    Subd. 7. Gambling product. "Gambling product" means bingo hard cards, bingo
paper sheets, or linked bingo paper sheets, or electronic linked bingo games; pull-tabs;
electronic pull-tab games; tipboards; paddle tickets and paddle ticket cards; raffle tickets;
or any other ticket, card, board, placard, device, or token that represents a chance, for
which consideration is paid, to win a prize.
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 2. Minnesota Statutes 2010, section 297E.01, subdivision 8, is amended to read:
    Subd. 8. Gross receipts. "Gross receipts" means all receipts derived from lawful
gambling activity including, but not limited to, the following items:
(1) gross sales of bingo hard cards and, paper sheets, linked bingo paper sheets, and
electronic linked bingo games before reduction for prizes, expenses, shortages, free plays,
or any other charges or offsets;
(2) the ideal gross of pull-tab, electronic pull-tab games, and tipboard deals or games
less the value of unsold and defective tickets and before reduction for prizes, expenses,
shortages, free plays, or any other charges or offsets;
(3) gross sales of raffle tickets and paddle tickets before reduction for prizes,
expenses, shortages, free plays, or any other charges or offsets;
(4) admission, commission, cover, or other charges imposed on participants in
lawful gambling activity as a condition for or cost of participation; and
(5) interest, dividends, annuities, profit from transactions, or other income derived
from the accumulation or use of gambling proceeds.
Gross receipts does not include proceeds from rental under section 349.18,
subdivision 3 .
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 3. Minnesota Statutes 2010, section 297E.01, subdivision 9, is amended to read:
    Subd. 9. Ideal gross. "Ideal gross" means the total amount of receipts that would be
received if every individual ticket in the pull-tab, electronic pull-tab games or tipboard
deal, paddlewheel game, and raffle ticket was sold at its face value. In the calculation of
ideal gross and prizes, a free play ticket pull-tab or electronic pull-tab shall be valued at
face value. Ideal gross also means the total amount of receipts that would be received if
every bingo paper sheet, linked bingo paper sheet, and electronic linked bingo games
were sold at face value.
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 4. Minnesota Statutes 2010, section 297E.02, subdivision 1, is amended to read:
    Subdivision 1. Imposition. A tax is imposed on all lawful gambling other than (1)
paper or electronic pull-tab deals or games; (2) tipboard deals or games; and (3) electronic
linked bingo; and (4) items listed in section 297E.01, subdivision 8, clauses (4) and (5), at
the rate of 8.5 percent on the gross receipts as defined in section 297E.01, subdivision 8,
less prizes actually paid. The tax imposed by this subdivision is in lieu of the tax imposed
by section 297A.62 and all local taxes and license fees except a fee authorized under
section 349.16, subdivision 8, or a tax authorized under subdivision 5.
The tax imposed under this subdivision is payable by the organization or party
conducting, directly or indirectly, the gambling.
EFFECTIVE DATE.This section is effective for games reported as played after
June 30, 2012.

    Sec. 5. Minnesota Statutes 2010, section 297E.02, subdivision 3, is amended to read:
    Subd. 3. Collection; disposition. (a) Taxes imposed by this section other than in
subdivision 4 are due and payable to the commissioner when the gambling tax return
is required to be filed. Taxes imposed by subdivision 4 are due and payable to the
commissioner on or before the last business day of the month following the month in
which the taxable sale was made. Distributors must file their monthly sales figures with
the commissioner on a form prescribed by the commissioner. Returns covering the taxes
imposed under this section must be filed with the commissioner on or before the 20th day
of the month following the close of the previous calendar month. The commissioner
may require that the returns be filed via magnetic media or electronic data transfer. The
proceeds, along with the revenue received from all license fees and other fees under
sections 349.11 to 349.191, 349.211, and 349.213, must be paid to the commissioner of
management and budget for deposit in the general fund.
(b) The sales tax imposed by chapter 297A on the sale of the pull-tabs and tipboards
by the distributor is imposed on the retail sales price. The retail sale of pull-tabs or
tipboards by the organization is exempt from taxes imposed by chapter 297A and is
exempt from all local taxes and license fees except a fee authorized under section 349.16,
subdivision 8.
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 6. Minnesota Statutes 2010, section 297E.02, subdivision 6, is amended to read:
    Subd. 6. Combined net receipts tax. In addition to the taxes imposed under
subdivisions 1 and 4, a tax is imposed on the combined receipts of the organization. As
used in this section, "combined net receipts" is the sum of the organization's gross receipts
from lawful gambling less gross receipts directly derived from the conduct of bingo,
raffles, and paddle wheels, as defined in section 297E.01, subdivision 8, and less the
net prizes actually paid, other than prizes actually paid for bingo, raffles, and paddle
wheels, for the fiscal year. The combined net receipts of an organization are subject to a
tax computed according to the following schedule:

		If the combined net receipts for the fiscal year are:		The tax is:
		Not over $500,000$87,500		zero6.89 percent
		Over $500,000$87,500,
		but not over $700,000 $122,500		1.7$6,029 plus 13.78 percent of the amount over $500,000$87,500, but not over $700,000$122,500
		Over $700,000$122,500,
		but not over $900,000 $157,500		$3,400$10,852 plus 3.420.67 percent of the amount over $700,000 $122,500, but not over $900,000 $157,500
		Over $900,000$157,500		$10,200$18,086 plus 5.127.56 percent of the amount over $900,000 $157,500

EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 7. Minnesota Statutes 2010, section 297E.02, is amended by adding a subdivision
to read:
    Subd. 6a. Unaccounted games. If a licensed distributor cannot account for a
pull-tab game, an electronic pull-tab game, a tipboard deal, paddletickets, an electronic
linked bingo game, bingo paper sheets, or linked bingo paper sheets, the distributor must
report the sheets or games to the commissioner as lost and remit a tax of six percent
on the ideal gross of the sheets or games.
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 8. Minnesota Statutes 2010, section 297E.02, subdivision 7, is amended to read:
    Subd. 7. Untaxed gambling product. (a) In addition to penalties or criminal
sanctions imposed by this chapter, a person, organization, or business entity possessing or
selling a pull-tab, electronic pull-tab game or tipboard upon which the tax imposed by
subdivision 4 this chapter has not been paid is liable for a tax of six percent of the ideal
gross of each pull-tab, electronic pull-tab game, or tipboard. The tax on a partial deal
must be assessed as if it were a full deal.
(b) In addition to penalties and criminal sanctions imposed by this chapter, a person
not licensed by the board who conducts bingo, linked bingo, electronic linked bingo,
raffles, or paddle wheel games is liable for a tax of six percent of the gross receipts
from that activity.
(c) The tax must be assessed by the commissioner. An assessment must be
considered a jeopardy assessment or jeopardy collection as provided in section 270C.36.
The commissioner shall assess the tax based on personal knowledge or information
available to the commissioner. The commissioner shall mail to the taxpayer at the
taxpayer's last known address, or serve in person, a written notice of the amount of tax,
demand its immediate payment, and, if payment is not immediately made, collect the tax
by any method described in chapter 270C, except that the commissioner need not await the
expiration of the times specified in chapter 270C. The tax assessed by the commissioner
is presumed to be valid and correctly determined and assessed. The burden is upon the
taxpayer to show its incorrectness or invalidity. The tax imposed under this subdivision
does not apply to gambling that is exempt from taxation under subdivision 2.
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 9. Minnesota Statutes 2010, section 297E.02, subdivision 10, is amended to read:
    Subd. 10. Refunds; appropriation. A person who has, under this chapter, paid
to the commissioner an amount of tax for a period in excess of the amount legally due
for that period, may file with the commissioner a claim for a refund of the excess. The
amount necessary to pay the refunds under this subdivision and subdivision 4, paragraph
(d), is appropriated from the general fund to the commissioner.
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 10. Minnesota Statutes 2010, section 297E.02, subdivision 11, is amended to read:
    Subd. 11. Unplayed or Defective pull-tabs or tipboards gambling products. If a
deal of pull-tabs or tipboards registered with the board or bar coded in accordance with this
chapter and chapter 349 and upon which the tax imposed by subdivision 4 has been paid is
returned unplayed to the distributor, the commissioner shall allow a refund of the tax paid.
If a defective deal registered with the board or bar coded in accordance with this
chapter and chapter 349 and upon which the taxes have been paid is returned to the
manufacturer, the distributor shall submit to the commissioner of revenue certification
from the manufacturer that the deal was returned and in what respect it was defective.
The certification must be on a form prescribed by the commissioner and must contain
additional information the commissioner requires.
The commissioner may require that no refund under this subdivision be made
unless the that all defective and returned pull-tabs or, tipboards have been, paddle tickets,
paper bingo sheets, and linked bingo paper sheets be set aside for inspection by the
commissioner's employee.
Reductions in previously paid taxes authorized by this subdivision must be made
when and in the manner prescribed by the commissioner.
EFFECTIVE DATE.This section is effective July 1, 2012.

    Sec. 11. Minnesota Statutes 2010, section 297E.02, is amended by adding a subdivision
to read:
    Subd. 12. Rebate. Each fiscal year in which an amount is available under section
16A.695, subdivision 8, paragraph (d), for the payment of rebates, the commissioner shall
make a rebate payment to each organization or distributor under this chapter in proportion
to its liability for tax for the preceding year, except no rebate must be paid to an entity
if its entitlement is less than $25. The commissioner shall pay the rebate by August 15
following the close of the fiscal year.

    Sec. 12. Minnesota Statutes 2010, section 297E.13, subdivision 5, is amended to read:
    Subd. 5. Untaxed gambling equipment. It is a gross misdemeanor for a person to
possess gambling equipment for resale in this state that has not been stamped or bar-coded
in accordance with this chapter and chapter 349 and upon which the taxes imposed by
chapter 297A or section 297E.02, subdivision 4, have not been paid. The director of
alcohol and gambling enforcement or the commissioner or the designated inspectors
and employees of the director or commissioner may seize in the name of the state of
Minnesota any unregistered or untaxed gambling equipment.
EFFECTIVE DATE.This section is effective for actions occurring after June
30, 2012.

    Sec. 13. REPEALER.
Minnesota Statutes 2010, section 297E.02, subdivision 4, is repealed.
EFFECTIVE DATE.This section is effective for games sold after June 30, 2012.

ARTICLE 9

TIPBOARDS

    Section 1. Minnesota Statutes 2010, section 349.12, subdivision 34, is amended to read:
    Subd. 34. Tipboard. "Tipboard" means a board, placard or other device containing
a seal that conceals the winning number or symbol, and that serves as the game flare for a
tipboard game. A sports-themed tipboard is a board, placard, or other device that contains a
grid of predesignated numbers for which the winning numbers are determined in whole or
in part by the numerical outcome of one or more professional sporting events, serves as the
game flare for player registration, but is not required to contain a seal. For a sports-themed
tipboard, the winning numbers must be determined solely by the numerical outcome.

    Sec. 2. Minnesota Statutes 2010, section 349.12, subdivision 35, is amended to read:
    Subd. 35. Tipboard ticket. "Tipboard ticket" is a single folded or banded ticket,
or multi-ply card, the face of which is initially covered or otherwise hidden from view
to conceal a number, symbol, or set of symbols, some of which have been designated in
advance and at random as prize winners. For a sports-themed tipboard, the tipboard
ticket contains a set of numbers used to determine the winner based on the outcome of a
professional sporting event.

    Sec. 3. Minnesota Statutes 2010, section 349.151, is amended by adding a subdivision
to read:
    Subd. 4e. Sports-themed tipboard rules. The board may adopt rules for the
conduct of tipboards for which the winning numbers are determined in whole or in part
by the numerical outcome of one or more professional sporting events. The rules must
provide for operation procedures, internal control standards, posted information, records,
and reports. The rules must provide for the award of prizes, method of payout, wagers,
determination of winners, and the specifications of these tipboards.

    Sec. 4. Minnesota Statutes 2010, section 349.1711, subdivision 1, is amended to read:
    Subdivision 1. Sale of tickets. (a) Tipboard games must be played using only
tipboard tickets that are either (1) attached to a placard and arranged in columns or rows,
or (2) separate from the placard and contained in a receptacle while the game is in play.
The placard serves as the game flare.
(b) Except for a sports-themed tipboard, the placard must contain a seal that conceals
the winning number or symbol. When a tipboard ticket is purchased and opened from a
game containing more than 32 tickets, each player having a tipboard ticket with one or
more predesignated numbers or symbols must sign the placard at the line indicated by the
number or symbol on the tipboard ticket.

    Sec. 5. Minnesota Statutes 2010, section 349.1711, subdivision 2, is amended to read:
    Subd. 2. Determination of winners. When the predesignated numbers or symbols
have all been purchased, or all of the tipboard tickets for that game have been sold,
the seal must be removed to reveal a number or symbol that determines which of the
predesignated numbers or symbols is the winning number or symbol. A tipboard may also
contain consolation winners, or winning chances that are determined in whole or in part
by the numerical outcome of one or more professional sporting events, that need not be
determined by the use of the seal.

    Sec. 6. Minnesota Statutes 2010, section 349.211, subdivision 2c, is amended to read:
    Subd. 2c. Tipboard prizes. (a) The maximum prize which may be awarded for
a tipboard ticket is $599 for $2 and under tipboard tickets, $899 for $3 tipboard tickets,
$1,199 for $4 tipboard tickets, and $1,499 for $5 tipboard tickets, not including any
cumulative or carryover prizes. Cumulative or carryover prizes in tipboard games shall
not exceed $2,500. An organization may not sell any tipboard ticket for more than $5.
(b) For sports-themed tipboards, the total prize payout may not exceed the amount in
section 349.2113, and each chance or ticket may not be sold for more than $10.