SF 1856

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/20/2012 10:53am

1.1A bill for an act

1.2relating to gambling; modifying certain rates of tax on lawful gambling;
1.3providing for electronic linked bingo games, electronic pull-tab games, and
1.4sports-themed tipboard games; making clarifying, conforming, and technical
1.5changes; appropriating money;amending Minnesota Statutes 2010, sections
1.6297E.01, subdivisions 7, 8, 9; 297E.02, subdivisions 1, 3, 6, 7, 10, 11, by adding
1.7a subdivision; 297E.13, subdivision 5; 349.12, subdivisions 3b, 3c, 5, 6a, 12a,
1.818, 25, 25b, 25c, 25d, 29, 31, 32, 34, 35, by adding subdivisions; 349.13;
1.9349.151, subdivisions 4b, 4c, by adding subdivisions; 349.155, subdivisions 3, 4;
1.10349.161, subdivisions 1, 5; 349.162, subdivision 5; 349.163, subdivisions 1, 5, 6;
1.11349.1635, subdivisions 2, 3, by adding a subdivision; 349.165, subdivision 2;
1.12349.17, subdivisions 6, 7, 8, by adding a subdivision; 349.1711, subdivisions 1,
1.132; 349.1721; 349.18, subdivision 1; 349.19, subdivisions 2, 3, 5, 10; 349.211,
1.14subdivisions 1a, 2c; repealing Minnesota Statutes 2010, sections 297E.02,
1.15subdivision 4; 349.15, subdivision 3; 349.19, subdivision 2a.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17    Section 1. Minnesota Statutes 2010, section 297E.01, subdivision 7, is amended to read:
1.18    Subd. 7. Gambling product. "Gambling product" means bingo hard cards, bingo
1.19paper sheets, or linked bingo paper sheets, or electronic linked bingo games; pull-tabs;
1.20electronic pull-tab games; tipboards; paddle tickets and paddle ticket cards; raffle tickets;
1.21or any other ticket, card, board, placard, device, or token that represents a chance, for
1.22which consideration is paid, to win a prize.
1.23EFFECTIVE DATE.This section is effective July 1, 2012.

1.24    Sec. 2. Minnesota Statutes 2010, section 297E.01, subdivision 8, is amended to read:
1.25    Subd. 8. Gross receipts. "Gross receipts" means all receipts derived from lawful
1.26gambling activity including, but not limited to, the following items:
2.1(1) gross sales of bingo hard cards and, paper sheets, linked bingo paper sheets, and
2.2electronic linked bingo games before reduction for prizes, expenses, shortages, free plays,
2.3or any other charges or offsets;
2.4(2) the ideal gross of pull-tab, electronic pull-tab games, and tipboard deals or games
2.5less the value of unsold and defective tickets and before reduction for prizes, expenses,
2.6shortages, free plays, or any other charges or offsets;
2.7(3) gross sales of raffle tickets and paddle tickets before reduction for prizes,
2.8expenses, shortages, free plays, or any other charges or offsets;
2.9(4) admission, commission, cover, or other charges imposed on participants in
2.10lawful gambling activity as a condition for or cost of participation; and
2.11(5) interest, dividends, annuities, profit from transactions, or other income derived
2.12from the accumulation or use of gambling proceeds.
2.13Gross receipts does not include proceeds from rental under section 349.18,
2.14subdivision 3 .
2.15EFFECTIVE DATE.This section is effective July 1, 2012.

2.16    Sec. 3. Minnesota Statutes 2010, section 297E.01, subdivision 9, is amended to read:
2.17    Subd. 9. Ideal gross. "Ideal gross" means the total amount of receipts that would be
2.18received if every individual ticket in the pull-tab, electronic pull-tab games or tipboard
2.19deal, paddle wheel game, and raffle ticket was sold at its face value. In the calculation of
2.20ideal gross and prizes, a free play ticket pull-tab or electronic pull-tab shall be valued at
2.21face value. "Ideal gross" also means the total amount of receipts that would be received
2.22if every bingo paper sheet, linked bingo paper sheet, and electronic linked bingo games
2.23were sold at face value.
2.24EFFECTIVE DATE.This section is effective July 1, 2012.

2.25    Sec. 4. Minnesota Statutes 2010, section 297E.02, subdivision 1, is amended to read:
2.26    Subdivision 1. Imposition. A tax is imposed on all lawful gambling other than (1)
2.27paper or electronic pull-tab deals or games; (2) tipboard deals or games; and (3) electronic
2.28linked bingo; and (4) items listed in section 297E.01, subdivision 8, clauses (4) and (5), at
2.29the rate of 8.5 percent on the gross receipts as defined in section 297E.01, subdivision 8,
2.30less prizes actually paid. The tax imposed by this subdivision is in lieu of the tax imposed
2.31by section 297A.62 and all local taxes and license fees except a fee authorized under
2.32section 349.16, subdivision 8, or a tax authorized under subdivision 5.
3.1The tax imposed under this subdivision is payable by the organization or party
3.2conducting, directly or indirectly, the gambling.
3.3EFFECTIVE DATE.This section is effective for games reported as played after
3.4June 30, 2012.

3.5    Sec. 5. Minnesota Statutes 2010, section 297E.02, subdivision 3, is amended to read:
3.6    Subd. 3. Collection; disposition. (a) Taxes imposed by this section other than in
3.7subdivision 4 are due and payable to the commissioner when the gambling tax return
3.8is required to be filed. Taxes imposed by subdivision 4 are due and payable to the
3.9commissioner on or before the last business day of the month following the month in
3.10which the taxable sale was made. Distributors must file their monthly sales figures with
3.11the commissioner on a form prescribed by the commissioner. Returns covering the taxes
3.12imposed under this section must be filed with the commissioner on or before the 20th day
3.13of the month following the close of the previous calendar month. The commissioner
3.14may require that the returns be filed via magnetic media or electronic data transfer. The
3.15proceeds, along with the revenue received from all license fees and other fees under
3.16sections 349.11 to 349.191, 349.211, and 349.213, must be paid to the commissioner of
3.17management and budget for deposit in the general fund.
3.18(b) The sales tax imposed by chapter 297A on the sale of pull-tabs and tipboards by
3.19the distributor is imposed on the retail sales price. The retail sale of pull-tabs or tipboards
3.20by the organization is exempt from taxes imposed by chapter 297A and is exempt from all
3.21local taxes and license fees except a fee authorized under section 349.16, subdivision 8.
3.22(c) One-half of one percent of the revenue deposited in the general fund under
3.23paragraph (a), is appropriated to the commissioner of human services for the compulsive
3.24gambling treatment program established under section 245.98. One-half of one percent
3.25of the revenue deposited in the general fund under paragraph (a), is appropriated to
3.26the commissioner of human services for a grant to the state affiliate recognized by
3.27the National Council on Problem Gambling to increase public awareness of problem
3.28gambling, education and training for individuals and organizations providing effective
3.29treatment services to problem gamblers and their families, and research relating to problem
3.30gambling. Money appropriated by this paragraph must supplement and must not replace
3.31existing state funding for these programs.
3.32EFFECTIVE DATE.This section is effective July 1, 2012.

3.33    Sec. 6. Minnesota Statutes 2010, section 297E.02, subdivision 6, is amended to read:
4.1    Subd. 6. Combined net receipts tax. In addition to the taxes imposed under
4.2subdivisions subdivision 1 and 4, a tax is imposed on the combined receipts of the
4.3organization. As used in this section, "combined net receipts" is the sum of the
4.4organization's gross receipts from lawful gambling less gross receipts directly derived
4.5from the conduct of paper bingo, raffles, and paddle wheels, as defined in section 297E.01,
4.6subdivision 8 , and less the net prizes actually paid, other than prizes actually paid for
4.7paper bingo, raffles, and paddle wheels, for the fiscal year. The combined net receipts of
4.8an organization are subject to a tax computed according to the following schedule:

4.9 4.10 4.11		If the combined net receipts for the fiscal year are:		The tax is:
4.12		Not over $500,000$87,500		zero6.89 percent
4.13 4.14 4.15		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
4.16 4.17 4.18 4.19		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
4.20 4.21 4.22		Over $900,000$157,500		$10,200$18,086 plus 5.127.56 percent of the amount over $900,000 $157,500

4.23EFFECTIVE DATE.This section is effective July 1, 2012.

4.24    Sec. 7. Minnesota Statutes 2010, section 297E.02, is amended by adding a subdivision
4.25to read:
4.26    Subd. 6a. Unaccounted games. If a licensed distributor cannot account for a
4.27pull-tab game, an electronic pull-tab game, a tipboard deal, paddletickets, an electronic
4.28linked bingo game, bingo paper sheets, or linked bingo paper sheets, the distributor must
4.29report the sheets or games to the commissioner as lost and remit a tax of six percent
4.30on the ideal gross of the sheets or games.
4.31EFFECTIVE DATE.This section is effective July 1, 2012.

4.32    Sec. 8. Minnesota Statutes 2010, section 297E.02, subdivision 7, is amended to read:
4.33    Subd. 7. Untaxed gambling product. (a) In addition to penalties or criminal
4.34sanctions imposed by this chapter, a person, organization, or business entity possessing or
4.35selling a pull-tab, electronic pull-tab game or tipboard upon which the tax imposed by
4.36subdivision 4 this chapter has not been paid is liable for a tax of six percent of the ideal
5.1gross of each pull-tab, electronic pull-tab game, or tipboard. The tax on a partial deal
5.2must be assessed as if it were a full deal.
5.3(b) In addition to penalties and criminal sanctions imposed by this chapter, a person
5.4not licensed by the board who conducts bingo, linked bingo, electronic linked bingo,
5.5raffles, or paddle wheel games is liable for a tax of six percent of the gross receipts
5.6from that activity.
5.7(c) The tax must be assessed by the commissioner. An assessment must be
5.8considered a jeopardy assessment or jeopardy collection as provided in section 270C.36.
5.9The commissioner shall assess the tax based on personal knowledge or information
5.10available to the commissioner. The commissioner shall mail to the taxpayer at the
5.11taxpayer's last known address, or serve in person, a written notice of the amount of tax,
5.12demand its immediate payment, and, if payment is not immediately made, collect the tax
5.13by any method described in chapter 270C, except that the commissioner need not await the
5.14expiration of the times specified in chapter 270C. The tax assessed by the commissioner
5.15is presumed to be valid and correctly determined and assessed. The burden is upon the
5.16taxpayer to show its incorrectness or invalidity. The tax imposed under this subdivision
5.17does not apply to gambling that is exempt from taxation under subdivision 2.
5.18EFFECTIVE DATE.This section is effective July 1, 2012.

5.19    Sec. 9. Minnesota Statutes 2010, section 297E.02, subdivision 10, is amended to read:
5.20    Subd. 10. Refunds; appropriation. A person who has, under this chapter, paid
5.21to the commissioner an amount of tax for a period in excess of the amount legally due
5.22for that period, may file with the commissioner a claim for a refund of the excess. The
5.23amount necessary to pay the refunds under this subdivision and subdivision 4, paragraph
5.24(d), is appropriated from the general fund to the commissioner.
5.25EFFECTIVE DATE.This section is effective July 1, 2012.

5.26    Sec. 10. Minnesota Statutes 2010, section 297E.02, subdivision 11, is amended to read:
5.27    Subd. 11. Unplayed or Defective pull-tabs or tipboards gambling products. If a
5.28deal of pull-tabs or tipboards registered with the board or bar coded in accordance with this
5.29chapter and chapter 349 and upon which the tax imposed by subdivision 4 has been paid is
5.30returned unplayed to the distributor, the commissioner shall allow a refund of the tax paid.
5.31If a defective deal registered with the board or bar coded in accordance with this
5.32chapter and chapter 349 and upon which the taxes have been paid is returned to the
5.33manufacturer, the distributor shall submit to the commissioner of revenue certification
6.1from the manufacturer that the deal was returned and in what respect it was defective.
6.2The certification must be on a form prescribed by the commissioner and must contain
6.3additional information the commissioner requires.
6.4The commissioner may require that no refund under this subdivision be made
6.5unless the that all defective and returned pull-tabs or, tipboards have been, paddle tickets,
6.6paper bingo sheets, and linked bingo paper sheets be set aside for inspection by the
6.7commissioner's employee.
6.8Reductions in previously paid taxes authorized by this subdivision must be made
6.9when and in the manner prescribed by the commissioner.
6.10EFFECTIVE DATE.This section is effective for games sold by a licensed
6.11distributor after June 30, 2012.

6.12    Sec. 11. Minnesota Statutes 2010, section 297E.13, subdivision 5, is amended to read:
6.13    Subd. 5. Untaxed gambling equipment. It is a gross misdemeanor for a person to
6.14possess gambling equipment for resale in this state that has not been stamped or bar-coded
6.15in accordance with this chapter and chapter 349 and upon which the taxes imposed by
6.16chapter 297A or section 297E.02, subdivision 4, have not been paid. The director of
6.17alcohol and gambling enforcement or the commissioner or the designated inspectors
6.18and employees of the director or commissioner may seize in the name of the state of
6.19Minnesota any unregistered or untaxed gambling equipment.
6.20EFFECTIVE DATE.This section is effective for actions occurring after June
6.2130, 2012.

6.22    Sec. 12. Minnesota Statutes 2010, section 349.12, subdivision 3b, is amended to read:
6.23    Subd. 3b. Bar operation. "Bar operation" means a method of selling and redeeming
6.24disposable gambling equipment by an employee of the lessor within a leased premises
6.25which is licensed for the on-sale of alcoholic beverages where such sales and redemptions
6.26are made by an employee of the lessor from a common area where food and beverages
6.27are also sold.

6.28    Sec. 13. Minnesota Statutes 2010, section 349.12, subdivision 3c, is amended to read:
6.29    Subd. 3c. Bar bingo. "Bar bingo" is a bingo occasion conducted at a permitted
6.30premises in an area where intoxicating liquor or 3.2 percent malt beverages are sold and
6.31where the licensed organization conducts another form of lawful gambling. Bar bingo
6.32does not include bingo games linked to other permitted premises.

7.1    Sec. 14. Minnesota Statutes 2010, section 349.12, subdivision 5, is amended to read:
7.2    Subd. 5. Bingo occasion. "Bingo occasion" means a single gathering or session at
7.3which a series of one or more successive bingo games is played. There is no limit on the
7.4number of games conducted during a bingo occasion but. A bingo occasion must not last
7.5longer than eight consecutive hours., except that linked bingo games played on electronic
7.6bingo devices may be played during regular business hours of the permitted premises,
7.7and all play during this period is considered a bingo occasion for reporting purposes. For
7.8permitted premises where the primary business is bingo, regular business hours shall be
7.9defined as the hours between 8:00 a.m. and 2:00 a.m.

7.10    Sec. 15. Minnesota Statutes 2010, section 349.12, subdivision 6a, is amended to read:
7.11    Subd. 6a. Booth operation. "Booth operation" means a method of selling and
7.12redeeming disposable gambling equipment by an employee of a licensed organization in
7.13a premises the organization leases or owns where such sales and redemptions are made
7.14within a separate enclosure that is distinct from areas where food and beverages are sold.

7.15    Sec. 16. Minnesota Statutes 2010, section 349.12, subdivision 12a, is amended to read:
7.16    Subd. 12a. Electronic bingo device. "Electronic bingo device" means an a
7.17handheld and portable electronic device that:
7.18(a) is used by a bingo player to:
7.19(1) monitor bingo paper sheets or a facsimile of a bingo paper sheet when purchased
7.20and played at the time and place of an organization's bingo occasion and which (1)
7.21provides a means for bingo players to, or to play an electronic bingo game that is linked
7.22with other permitted premises;
7.23(2) activate numbers announced by a bingo caller; (2) compares or displayed, and
7.24to compare the numbers entered by the player to the bingo faces previously stored in
7.25the memory of the device; and
7.26(3) identifies identify a winning bingo pattern. or game requirement; and
7.27(4) play against other bingo players;
7.28(b) limits the play of bingo faces to 36 faces per game;
7.29(c) requires coded entry to activate play but does not allow the use of a coin,
7.30currency, or tokens to be inserted to activate play;
7.31(d) may only be used for play against other bingo players in a bingo game;
7.32(e) has no additional function as an amusement or gambling device other than as an
7.33electronic pull-tab game defined under section 349.12, subdivision 12c;
7.34(f) has the capability to ensure adequate levels of security internal controls; and
8.1(g) has the capability to permit the board to electronically monitor the operation of
8.2the device and the internal accounting systems; and
8.3(h) has the capability to allow use by a player who is visually impaired.
8.4Electronic bingo device does not mean any device into which coin, currency, or tokens are
8.5inserted to activate play.

8.6    Sec. 17. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
8.7to read:
8.8    Subd. 12b. Electronic pull-tab device. "Electronic pull-tab device" means a
8.9handheld and portable electronic device that:
8.10(a) is used to play one or more electronic pull-tab games;
8.11(b) requires coded entry to activate play but does not allow the use of coin, currency,
8.12or tokens to be inserted to activate play;
8.13(c) requires that a player must activate or open each electronic pull-tab ticket and
8.14each individual line, row, or column of each electronic pull-tab ticket;
8.15(d) maintains information pertaining to accumulated win credits that may be applied
8.16to games in play or redeemed upon termination of play;
8.17(e) has no spinning symbols or other representations that mimic a video slot machine;
8.18(f) has no additional function as a gambling device other than as an electronic linked
8.19bingo game played on a device defined under section 349.12, subdivision 12a;
8.20(g) may incorporate an amusement game feature as part of the pull-tab game but
8.21may not require additional consideration for that feature or award any prize, or other
8.22benefit for that feature;
8.23(h) may have auditory or visual enhancements to promote or provide information
8.24about the game being played, provided the component does not affect the outcome of
8.25a game or display the results of a game;
8.26(i) maintains, on nonresettable meters, a printable, permanent record of all
8.27transactions involving each device electronic pull-tab games played on the device; and
8.28(j) is not a pull-tab dispensing device as defined under subdivision 32a; and
8.29(k) has the capability to allow use by a player who is visually impaired.

8.30    Sec. 18. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
8.31to read:
8.32    Subd. 12c. Electronic pull-tab game. "Electronic pull-tab game" means a pull-tab
8.33game containing:
8.34(a) facsimiles of pull-tab tickets that are played on an electronic pull-tab device;
9.1(b) a predetermined, finite number of winning and losing tickets, not to exceed
9.27,500 tickets;
9.3(c) the same price for each ticket in the game;
9.4(d) a price paid by the player of not less than 25 cents per ticket;
9.5(e) tickets that are in conformance with applicable board rules for pull-tabs;
9.6(f) winning tickets that comply with prize limits under section 349.211;
9.7(g) a unique serial number that may not be regenerated;
9.8(h) an electronic flare that displays the game name, form number, predetermined,
9.9finite number of tickets in the game, and prize tier; and
9.10(i) no spinning symbols or other representations that mimic a video slot machine.

9.11    Sec. 19. Minnesota Statutes 2010, section 349.12, is amended by adding a subdivision
9.12to read:
9.13    Subd. 12d. Electronic pull-tab game system. "Electronic pull-tab game system"
9.14means the equipment leased from a licensed distributor and used by a licensed organization
9.15to conduct, manage, and record electronic pull-tab games, and to report and transmit the
9.16game results as prescribed by the board and the Department of Revenue. The system must
9.17provide security and access levels sufficient so that internal control objectives are met as
9.18prescribed by the board. The system must contain a point of sale station.

9.19    Sec. 20. Minnesota Statutes 2010, section 349.12, subdivision 18, is amended to read:
9.20    Subd. 18. Gambling equipment. "Gambling equipment" means: gambling
9.21equipment that is either disposable or permanent gambling equipment.
9.22(a) Disposable gambling equipment includes the following:
9.23(1) bingo hard cards or paper sheets, including linked bingo paper sheets, devices for
9.24selecting bingo numbers, electronic bingo devices,;
9.25(2) paper and electronic pull-tabs,;
9.26(3) jar tickets, paddle wheels, paddle wheel tables,;
9.27(4) paddle tickets, and paddle ticket cards,;
9.28(5) tipboards, and tipboard tickets,; and
9.29(6) promotional tickets that mimic a pull-tab or tipboard, pull-tab dispensing devices,
9.30and programmable electronic devices that have no effect on the outcome of a game and
9.31are used to provide a visual or auditory enhancement of a game.
9.32(b) Permanent gambling equipment includes the following:
9.33(1) devices for selecting bingo numbers;
9.34(2) electronic bingo devices;
10.1(3) electronic pull-tab devices;
10.2(4) pull-tab dispensing devices;
10.3(5) programmable electronic devices that have no effect on the outcome of a game
10.4and are used to provide a visual or auditory enhancement of a game;
10.5(6) paddle wheels; and
10.6(7) paddle wheel tables.

10.7    Sec. 21. Minnesota Statutes 2010, section 349.12, subdivision 25, is amended to read:
10.8    Subd. 25. Lawful purpose. (a) "Lawful purpose" means one or more of the
10.9following:
10.10    (1) any expenditure by or contribution to a 501(c)(3) or festival organization, as
10.11defined in subdivision 15a, provided that the organization and expenditure or contribution
10.12are in conformity with standards prescribed by the board under section 349.154, which
10.13standards must apply to both types of organizations in the same manner and to the same
10.14extent;
10.15    (2) a contribution to or expenditure for goods and services for an individual or
10.16family suffering from poverty, homelessness, or disability, which is used to relieve the
10.17effects of that suffering;
10.18    (3) a contribution to a program recognized by the Minnesota Department of Human
10.19Services for the education, prevention, or treatment of problem gambling;
10.20    (4) a contribution to or expenditure on a public or private nonprofit educational
10.21institution registered with or accredited by this state or any other state;
10.22    (5) a contribution to an individual, public or private nonprofit educational institution
10.23registered with or accredited by this state or any other state, or to a scholarship fund of a
10.24nonprofit organization whose primary mission is to award scholarships, for defraying the
10.25cost of education to individuals where the funds are awarded through an open and fair
10.26selection process;
10.27    (6) activities by an organization or a government entity which recognize military
10.28service to the United States, the state of Minnesota, or a community, subject to rules
10.29of the board, provided that the rules must not include mileage reimbursements in the
10.30computation of the per diem reimbursement limit and must impose no aggregate annual
10.31limit on the amount of reasonable and necessary expenditures made to support:
10.32    (i) members of a military marching or color guard unit for activities conducted
10.33within the state;
10.34    (ii) members of an organization solely for services performed by the members at
10.35funeral services;
11.1    (iii) members of military marching, color guard, or honor guard units may be
11.2reimbursed for participating in color guard, honor guard, or marching unit events within
11.3the state or states contiguous to Minnesota at a per participant rate of up to $35 per diem; or
11.4    (iv) active military personnel and their immediate family members in need of
11.5support services;
11.6    (7) recreational, community, and athletic facilities and activities intended primarily
11.7for persons under age 21, provided that such facilities and activities do not discriminate on
11.8the basis of gender and the organization complies with section 349.154, subdivision 3a;
11.9    (8) payment of local taxes authorized under this chapter, taxes imposed by the
11.10United States on receipts from lawful gambling, the taxes imposed by section 297E.02,
11.11subdivisions 1, 4, 5, and 6, and the tax imposed on unrelated business income by section
11.12290.05, subdivision 3 ;
11.13    (9) payment of real estate taxes and assessments on permitted gambling premises
11.14owned by the licensed organization paying the taxes, or wholly leased by a licensed
11.15veterans organization under a national charter recognized under section 501(c)(19) of the
11.16Internal Revenue Code;
11.17    (10) a contribution to the United States, this state or any of its political subdivisions,
11.18or any agency or instrumentality thereof other than a direct contribution to a law
11.19enforcement or prosecutorial agency;
11.20    (11) a contribution to or expenditure by a nonprofit organization which is a church
11.21or body of communicants gathered in common membership for mutual support and
11.22edification in piety, worship, or religious observances;
11.23    (12) an expenditure for citizen monitoring of surface water quality by individuals
11.24or nongovernmental organizations that is consistent with section 115.06, subdivision 4,
11.25and Minnesota Pollution Control Agency guidance on monitoring procedures, quality
11.26assurance protocols, and data management, provided that the resulting data is submitted
11.27to the Minnesota Pollution Control Agency for review and inclusion in the state water
11.28quality database;
11.29    (13) a contribution to or expenditure on projects or activities approved by the
11.30commissioner of natural resources for:
11.31    (i) wildlife management projects that benefit the public at large;
11.32    (ii) grant-in-aid trail maintenance and grooming established under sections 84.83
11.33and 84.927, and other trails open to public use, including purchase or lease of equipment
11.34for this purpose; and
11.35    (iii) supplies and materials for safety training and educational programs coordinated
11.36by the Department of Natural Resources, including the Enforcement Division;
12.1    (14) conducting nutritional programs, food shelves, and congregate dining programs
12.2primarily for persons who are age 62 or older or disabled;
12.3    (15) a contribution to a community arts organization, or an expenditure to sponsor
12.4arts programs in the community, including but not limited to visual, literary, performing,
12.5or musical arts;
12.6    (16) an expenditure by a licensed fraternal organization or a licensed veterans
12.7organization for payment of water, fuel for heating, electricity, and sewer costs for:
12.8    (i) up to 100 percent for a building wholly owned or wholly leased by and used as
12.9the primary headquarters of the licensed veteran or fraternal organization; or
12.10    (ii) a proportional amount subject to approval by the director and based on the
12.11portion of a building used as the primary headquarters of the licensed veteran or fraternal
12.12organization;
12.13    (17) expenditure by a licensed veterans organization of up to $5,000 in a calendar
12.14year in net costs to the organization for meals and other membership events, limited to
12.15members and spouses, held in recognition of military service. No more than $5,000 can be
12.16expended in total per calendar year under this clause by all licensed veterans organizations
12.17sharing the same veterans post home;
12.18    (18) payment of fees authorized under this chapter imposed by the state of Minnesota
12.19to conduct lawful gambling in Minnesota;
12.20    (19) a contribution or expenditure to honor an individual's humanitarian service
12.21as demonstrated through philanthropy or volunteerism to the United States, this state,
12.22or local community;
12.23    (20) a contribution by a licensed organization to another licensed organization with
12.24prior board approval, with the contribution designated to be used for one or more of the
12.25following lawful purposes under this section: clauses (1) to (7), (11) to (15), (19), and (25);
12.26    (21) an expenditure that is a contribution to a parent organization, if the parent
12.27organization: (i) has not provided to the contributing organization within one year of the
12.28contribution any money, grants, property, or other thing of value, and (ii) has received
12.29prior board approval for the contribution that will be used for a program that meets one or
12.30more of the lawful purposes under subdivision 7a;
12.31    (22) an expenditure for the repair, maintenance, or improvement of real property
12.32and capital assets owned by an organization, or for the replacement of a capital asset that
12.33can no longer be repaired, with a fiscal year limit of five percent of gross profits from
12.34the previous fiscal year, with no carryforward of unused allowances. The fiscal year is
12.35July 1 through June 30. Total expenditures for the fiscal year may not exceed the limit
12.36unless the board has specifically approved the expenditures that exceed the limit due to
13.1extenuating circumstances beyond the organization's control. An expansion of a building
13.2or bar-related expenditures are not allowed under this provision.
13.3    (i) The expenditure must be related to the portion of the real property or capital asset
13.4that must be made available for use free of any charge to other nonprofit organizations,
13.5community groups, or service groups, or is used for the organization's primary mission or
13.6headquarters.
13.7    (ii) An expenditure may be made to bring an existing building that the organization
13.8owns into compliance with the Americans with Disabilities Act.
13.9    (iii) An organization may apply the amount that is allowed under item (ii) to the
13.10erection or acquisition of a replacement building that is in compliance with the Americans
13.11with Disabilities Act if the board has specifically approved the amount. The cost of
13.12the erection or acquisition of a replacement building may not be made from gambling
13.13proceeds, except for the portion allowed under this item;
13.14    (23) an expenditure for the acquisition or improvement of a capital asset with a cost
13.15greater than $2,000, excluding real property, that will be used exclusively for lawful
13.16purposes under this section if the board has specifically approved the amount;
13.17    (24) an expenditure for the acquisition, erection, improvement, or expansion of real
13.18property, if the board has first specifically authorized the expenditure after finding that the
13.19real property will be used exclusively for lawful purpose under this section; or
13.20    (25) an expenditure, including a mortgage payment or other debt service payment,
13.21for the erection or acquisition of a comparable building to replace an organization-owned
13.22building that was destroyed or made uninhabitable by fire or catastrophe or to replace an
13.23organization-owned building that was taken or sold under an eminent domain proceeding.
13.24The expenditure may be only for that part of the replacement cost not reimbursed by
13.25insurance for the fire or catastrophe or compensation not received from a governmental
13.26unit under the eminent domain proceeding, if the board has first specifically authorized
13.27the expenditure.
13.28    (b) Expenditures authorized by the board under clauses (24) and (25) must be
13.2951 percent completed within two years of the date of board approval; otherwise the
13.30organization must reapply to the board for approval of the project. "Fifty-one percent
13.31completed" means that the work completed must represent at least 51 percent of the value
13.32of the project as documented by the contractor or vendor.
13.33    (c) Notwithstanding paragraph (a), "lawful purpose" does not include:
13.34    (1) any expenditure made or incurred for the purpose of influencing the nomination
13.35or election of a candidate for public office or for the purpose of promoting or defeating a
13.36ballot question;
14.1    (2) any activity intended to influence an election or a governmental decision-making
14.2process;
14.3    (3) a contribution to a statutory or home rule charter city, county, or town by a
14.4licensed organization with the knowledge that the governmental unit intends to use the
14.5contribution for a pension or retirement fund; or
14.6    (4) a contribution to a 501(c)(3) organization or other entity with the intent or effect
14.7of not complying with lawful purpose restrictions or requirements.

14.8    Sec. 22. Minnesota Statutes 2010, section 349.12, subdivision 25b, is amended to read:
14.9    Subd. 25b. Linked bingo game provider. "Linked bingo game provider" means
14.10any person who provides the means to link bingo prizes in a linked bingo game, who
14.11provides linked bingo paper sheets to the participating organizations games, who provides
14.12linked bingo prize management, and who provides the linked bingo game system.

14.13    Sec. 23. Minnesota Statutes 2010, section 349.12, subdivision 25c, is amended to read:
14.14    Subd. 25c. Linked bingo game system. "Linked bingo game system" means the
14.15equipment used by the linked bingo provider to conduct, transmit, and track a linked
14.16bingo game. The system must be approved by the board before its use in this state and
14.17it must have dial-up or other the capability to permit the board to electronically monitor
14.18its operation remotely. For linked electronic bingo games, the system includes electronic
14.19bingo devices.

14.20    Sec. 24. Minnesota Statutes 2010, section 349.12, subdivision 25d, is amended to read:
14.21    Subd. 25d. Linked bingo prize pool. "Linked bingo prize pool" means the total
14.22of all prize money that each participating organization has contributed to a linked bingo
14.23game prize and includes any portion of the prize pool that is carried over from one
14.24occasion game to another in a progressive linked bingo game.

14.25    Sec. 25. Minnesota Statutes 2010, section 349.12, subdivision 29, is amended to read:
14.26    Subd. 29. Paddle wheel. "Paddle wheel" means a vertical wheel marked off into
14.27sections containing one or more numbers, and which, after being turned or spun, uses a
14.28pointer or marker to indicate winning chances, and may only be used to determine a
14.29winning number or numbers matching a winning paddle ticket purchased by a player. A
14.30paddle wheel may be an electronic device that simulates a paddle wheel.

14.31    Sec. 26. Minnesota Statutes 2010, section 349.12, subdivision 31, is amended to read:
15.1    Subd. 31. Promotional ticket. A paper pull-tab ticket or paper tipboard ticket
15.2created and printed by a licensed manufacturer with the words "no purchase necessary" and
15.3"for promotional use only" and for which no consideration is given is a promotional ticket.

15.4    Sec. 27. Minnesota Statutes 2010, section 349.12, subdivision 32, is amended to read:
15.5    Subd. 32. Pull-tab. "Pull-tab" means a single folded or banded paper ticket or a,
15.6multi-ply card with perforated break-open tabs, or a facsimile of a paper pull-tab ticket
15.7used in conjunction with an electronic pull-tab device, the face of which is initially
15.8covered to conceal one or more numbers or symbols, and where one or more of each set of
15.9tickets or, cards, or facsimiles has been designated in advance as a winner.

15.10    Sec. 28. Minnesota Statutes 2010, section 349.12, subdivision 34, is amended to read:
15.11    Subd. 34. Tipboard. "Tipboard" means a board, placard or other device containing
15.12a seal that conceals the winning number or symbol, and that serves as the game flare for a
15.13tipboard game. A sports-themed tipboard is a board, placard, or other device that contains a
15.14grid of predesignated numbers for which the winning numbers are determined in whole or
15.15in part by the numerical outcome of one or more professional sporting events, serves as the
15.16game flare for player registration, but is not required to contain a seal. For a sports-themed
15.17tipboard, the winning numbers must be determined solely by the numerical outcome.

15.18    Sec. 29. Minnesota Statutes 2010, section 349.12, subdivision 35, is amended to read:
15.19    Subd. 35. Tipboard ticket. "Tipboard ticket" is a single folded or banded ticket,
15.20or multi-ply card, the face of which is initially covered or otherwise hidden from view
15.21to conceal a number, symbol, or set of symbols, some of which have been designated in
15.22advance and at random as prize winners. For a sports-themed tipboard, the tipboard ticket
15.23contains a set of numbers used to determine the winner based on the numerical outcome
15.24of a professional sporting event.

15.25    Sec. 30. Minnesota Statutes 2010, section 349.13, is amended to read:
15.26349.13 LAWFUL GAMBLING.
15.27Lawful gambling is not a lottery or gambling within the meaning of sections 609.75
15.28to 609.76 if it is conducted under this chapter. A pull-tab dispensing device, electronic
15.29bingo device, and electronic pull-tab device permitted under this chapter and by board
15.30rule is not a gambling device within the meaning of sections 609.75 to 609.76 and chapter
15.31299L. An electronic game device allowed under this chapter may not be a slot machine.
15.32Electronic game devices, including but not limited to electronic bingo devices, electronic
16.1paddle wheels, and electronic pull-tab devices authorized under this chapter, may only
16.2be used in the conduct of lawful gambling permitted under this chapter and board rule
16.3and may not display or simulate any other form of gambling or entertainment, except
16.4as otherwise allowed under this chapter.

16.5    Sec. 31. Minnesota Statutes 2010, section 349.151, subdivision 4b, is amended to read:
16.6    Subd. 4b. Pull-tab sales from dispensing devices. (a) The board may by rule
16.7authorize but not require the use of pull-tab dispensing devices.
16.8(b) Rules adopted under paragraph (a):
16.9(1) must limit the number of pull-tab dispensing devices on any permitted premises
16.10to three; and
16.11(2) must limit the use of pull-tab dispensing devices to a permitted premises which is
16.12(i) a licensed premises for on-sales of intoxicating liquor or 3.2 percent malt beverages;
16.13or (ii) a premises where bingo is conducted and admission is restricted to persons 18
16.14years or older.
16.15(c) Notwithstanding rules adopted under paragraph (b), pull-tab dispensing devices
16.16may be used in establishments licensed for the off-sale of intoxicating liquor, other than
16.17drugstores and general food stores licensed under section 340A.405, subdivision 1.

16.18    Sec. 32. Minnesota Statutes 2010, section 349.151, subdivision 4c, is amended to read:
16.19    Subd. 4c. Electronic bingo devices. (a) The board may by rule authorize but not
16.20require the use of electronic bingo devices.
16.21(b) Rules adopted under paragraph (a):
16.22(1) must limit the number of bingo faces that can be played using an electronic
16.23bingo device to 36;
16.24(2) must require that an electronic bingo device be used with corresponding bingo
16.25paper sheets or a facsimile, printed at the point of sale, as approved by the board;
16.26(3) must require that the electronic bingo device site system have dial-up capability
16.27to permit the board to remotely monitor the operation of the device and the internal
16.28accounting systems; and
16.29(4) must prohibit the price of a face played on an electronic bingo device from being
16.30less than the price of a face on a bingo paper sheet sold at the same occasion.
16.31(b) The board, or the director if authorized by the board, may require the deactivation
16.32of an electronic bingo device for violation of a law or rule and to implement any other
16.33controls deemed necessary to ensure and maintain the integrity of electronic bingo devices
16.34and the electronic bingo games played on the devices.

17.1    Sec. 33. Minnesota Statutes 2010, section 349.151, is amended by adding a subdivision
17.2to read:
17.3    Subd. 4d. Electronic pull-tab devices and electronic pull-tab game system. (a)
17.4The board may adopt rules it deems necessary to ensure the integrity of electronic pull-tab
17.5devices, the electronic pull-tab games played on the devices, and the electronic pull-tab
17.6game system necessary to operate them.
17.7(b) The board may not require an organization to use electronic pull-tab devices.
17.8(c) Before authorizing the lease or sale of electronic pull-tab devices and the
17.9electronic pull-tab game system, the board shall examine electronic pull-tab devices
17.10allowed under section 349.12, subdivision 12b. The board may contract for the
17.11examination of the game system and electronic pull-tab devices and may require a working
17.12model to be transported to locations the board designates for testing, examination, and
17.13analysis. The manufacturer must pay all costs of any testing, examination, analysis, and
17.14transportation of the model. The system must be approved by the board before its use in
17.15the state and must have the capability to permit the board to electronically monitor its
17.16operation and internal accounting systems.
17.17(d) The board may require a manufacturer to submit a certificate from an independent
17.18testing laboratory approved by the board to perform testing services, stating that the
17.19equipment has been tested, analyzed, and meets the standards required in this chapter
17.20and any applicable board rules.
17.21(e) The board, or the director if authorized by the board, may require the deactivation
17.22of an electronic pull-tab device for violation of a law or rule and to implement any other
17.23controls deemed necessary to ensure and maintain the integrity of electronic pull-tab
17.24devices and the electronic pull-tab games played on the devices.

17.25    Sec. 34. Minnesota Statutes 2010, section 349.151, is amended by adding a subdivision
17.26to read:
17.27    Subd. 4e. Sports-themed tipboard rules. The board may adopt rules for the
17.28conduct of tipboards for which the winning numbers are determined in whole or in part
17.29by the numerical outcome of one or more professional sporting events. The rules must
17.30provide for operation procedures, internal control standards, posted information, records,
17.31and reports. The rules must provide for the award of prizes, method of payout, wagers,
17.32determination of winners, and the specifications of these tipboards.

17.33    Sec. 35. Minnesota Statutes 2010, section 349.155, subdivision 3, is amended to read:
18.1    Subd. 3. Mandatory disqualifications. (a) In the case of licenses for manufacturers,
18.2distributors, distributor salespersons, linked bingo game providers, and gambling
18.3managers, the board may not issue or renew a license under this chapter, and shall revoke
18.4a license under this chapter, if the applicant or licensee, or a director, officer, partner,
18.5governor, or person in a supervisory or management position of the applicant or licensee:
18.6    (1) has ever been convicted of a felony or a crime involving gambling;
18.7    (2) has ever been convicted of (i) assault, (ii) a criminal violation involving the use
18.8of a firearm, or (iii) making terroristic threats;
18.9    (3) is or has ever been connected with or engaged in an illegal business;
18.10    (4) owes $500 or more in delinquent taxes as defined in section 270C.72;
18.11    (5) had a sales and use tax permit revoked by the commissioner of revenue within
18.12the past two years; or
18.13    (6) after demand, has not filed tax returns required by the commissioner of revenue.
18.14The board may deny or refuse to renew a license under this chapter, and may revoke a
18.15license under this chapter, if any of the conditions in this paragraph are applicable to
18.16an affiliate or direct or indirect holder of more than a five percent financial interest in
18.17the applicant or licensee.
18.18    (b) In the case of licenses for organizations, the board may not issue a license under
18.19this chapter, and shall revoke a license under this chapter, if the organization, or an officer
18.20or member of the governing body of the organization:
18.21    (1) has been convicted of a felony or gross misdemeanor involving theft or fraud; or
18.22    (2) has ever been convicted of a crime involving gambling; or.
18.23    (3) has had a license issued by the board or director permanently revoked for
18.24violation of law or board rule.

18.25    Sec. 36. Minnesota Statutes 2010, section 349.155, subdivision 4, is amended to read:
18.26    Subd. 4. License revocation, suspension, denial; censure. (a) The board may by
18.27order (i) deny, suspend, revoke, or refuse to renew a license or premises permit, or (ii)
18.28censure a licensee or applicant, if it finds that the order is in the public interest and that the
18.29applicant or licensee, or a director, officer, partner, governor, person in a supervisory or
18.30management position of the applicant or licensee, an employee eligible to make sales on
18.31behalf of the applicant or licensee, or direct or indirect holder of more than a five percent
18.32financial interest in the applicant or licensee:
18.33    (1) has violated or failed to comply with any provision of this chapter or chapter
18.34297E or 299L, or any rule adopted or order issued thereunder;
19.1    (2) has filed an application for a license that is incomplete in any material respect, or
19.2contains a statement that, in light of the circumstances under which it was made, is false,
19.3misleading, fraudulent, or a misrepresentation;
19.4    (3) has made a false statement in a document or report required to be submitted to
19.5the board or the commissioner of revenue, or has made a false statement to the board, the
19.6compliance review group, or the director;
19.7    (4) has been convicted of a crime in another jurisdiction that would be a felony if
19.8committed in Minnesota;
19.9    (5) is permanently or temporarily enjoined by any gambling regulatory agency from
19.10engaging in or continuing any conduct or practice involving any aspect of gambling;
19.11    (6) has had a gambling-related license revoked or suspended, or has paid or been
19.12required to pay a monetary penalty of $2,500 or more, by a gambling regulator in another
19.13state or jurisdiction;
19.14    (7) has been the subject of any of the following actions by the director of alcohol
19.15and gambling enforcement or commissioner of public safety: (i) had a license under
19.16chapter 299L denied, suspended, or revoked, (ii) been censured, reprimanded, has paid or
19.17been required to pay a monetary penalty or fine, or (iii) has been the subject of any other
19.18discipline by the director or commissioner;
19.19    (8) has engaged in conduct that is contrary to the public health, welfare, or safety, or
19.20to the integrity of gambling; or
19.21    (9) based on past activities or criminal record poses a threat to the public interest or
19.22to the effective regulation and control of gambling, or creates or enhances the dangers of
19.23unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gambling
19.24or the carrying on of the business and financial arrangements incidental to the conduct of
19.25gambling.
19.26    (b) The revocation or suspension of an organization's license may not exceed a
19.27period of ten years, including any revocation or suspension imposed by the board prior to
19.28the effective date of this paragraph, except that:
19.29    (1) any prohibition placed by the board on who may be involved in the conduct,
19.30oversight, or management of the revoked organization's lawful gambling activity is
19.31permanent; and
19.32    (2) a revocation or suspension will remain in effect until any taxes, fees, and fines
19.33that are delinquent have been paid by the organization to the satisfaction of the board.

19.34    Sec. 37. Minnesota Statutes 2010, section 349.161, subdivision 1, is amended to read:
19.35    Subdivision 1. Prohibited acts; licenses required. (a) No person may:
20.1    (1) sell, offer for sale, or furnish gambling equipment for use within the state other
20.2than for lawful gambling exempt or excluded from licensing, except to an organization
20.3licensed for lawful gambling;
20.4    (2) sell, offer for sale, or furnish gambling equipment for use within the state without
20.5having obtained a distributor license or a distributor salesperson license under this section
20.6except that an organization authorized to conduct bingo by the board may loan bingo
20.7hard cards and devices for selecting bingo numbers to another organization authorized to
20.8conduct bingo and a linked bingo game provider may provide electronic bingo devices for
20.9linked electronic bingo games;
20.10    (3) sell, offer for sale, or furnish gambling equipment for use within the state that is
20.11not purchased or obtained from a manufacturer or distributor licensed under this chapter; or
20.12    (4) sell, offer for sale, or furnish gambling equipment for use within the state that
20.13has the same serial number as another item of gambling equipment of the same type sold
20.14or offered for sale or furnished for use in the state by that distributor.
20.15    (b) No licensed distributor salesperson may sell, offer for sale, or furnish gambling
20.16equipment for use within the state without being employed by a licensed distributor or
20.17owning a distributor license.
20.18(c) No distributor or distributor salesperson may also be licensed as a linked bingo
20.19game provider under section 349.1635.

20.20    Sec. 38. Minnesota Statutes 2010, section 349.161, subdivision 5, is amended to read:
20.21    Subd. 5. Prohibition. (a) No distributor, distributor salesperson, or other employee
20.22of a distributor, may also be a wholesale distributor of alcoholic beverages or an employee
20.23of a wholesale distributor of alcoholic beverages.
20.24    (b) No distributor, distributor salesperson, or any representative, agent, affiliate, or
20.25other employee of a distributor, may: (1) be involved in the conduct of lawful gambling
20.26by an organization; (2) keep or assist in the keeping of an organization's financial records,
20.27accounts, and inventories; or (3) prepare or assist in the preparation of tax forms and other
20.28reporting forms required to be submitted to the state by an organization.
20.29    (c) No distributor, distributor salesperson, or any representative, agent, affiliate,
20.30or other employee of a distributor may provide a lessor of gambling premises any
20.31compensation, gift, gratuity, premium, or other thing of value.
20.32    (d) No distributor, distributor salesperson, or any representative, agent, affiliate, or
20.33other employee of a distributor may provide an employee or agent of the organization
20.34any compensation, gift, gratuity, premium, or other thing of value greater than $25 per
20.35organization in a calendar year.
21.1    (e) No distributor, distributor salesperson, or any representative, agent, affiliate, or
21.2other employee of a distributor may participate in any gambling activity at any gambling
21.3site or premises where gambling equipment purchased or leased from that distributor or
21.4distributor salesperson is being used in the conduct of lawful gambling.
21.5    (f) No distributor, distributor salesperson, or any representative, agent, affiliate, or
21.6other employee of a distributor may alter or modify any gambling equipment, except to
21.7add a "last ticket sold" prize sticker for a paper pull-tab game.
21.8    (g) No distributor, distributor salesperson, or any representative, agent, affiliate, or
21.9other employee of a distributor may: (1) recruit a person to become a gambling manager
21.10of an organization or identify to an organization a person as a candidate to become
21.11gambling manager for the organization; or (2) identify for an organization a potential
21.12gambling location.
21.13    (h) No distributor or distributor salesperson may purchase or lease gambling
21.14equipment for resale or lease to a person for use within the state from any person not
21.15licensed as a manufacturer under section 349.163, except for gambling equipment
21.16returned from an organization licensed under section 349.16, or exempt or excluded from
21.17licensing under section 349.166.
21.18    (i) No distributor or distributor salesperson may sell gambling equipment, except
21.19gambling equipment identified as a promotional ticket, to any person for use in Minnesota
21.20other than (i) a licensed organization or organization excluded or exempt from licensing,
21.21or (ii) the governing body of an Indian tribe.
21.22    (j) No distributor or distributor salesperson may sell or otherwise provide a paper
21.23pull-tab or tipboard deal with the symbol required by section 349.163, subdivision 5,
21.24paragraph (d), visible on the flare to any person other than in Minnesota to a licensed
21.25organization or organization exempt from licensing.

21.26    Sec. 39. Minnesota Statutes 2010, section 349.162, subdivision 5, is amended to read:
21.27    Subd. 5. Sales from facilities. (a) All gambling equipment purchased or possessed
21.28by a licensed distributor for resale or lease to any person for use in Minnesota must, prior
21.29to the equipment's resale or lease, be unloaded into a storage facility located in Minnesota
21.30which the distributor owns or leases; and which has been registered, in advance and in
21.31writing, with the Division of Alcohol and Gambling Enforcement as a storage facility of
21.32the distributor. All unregistered gambling equipment and all unaffixed registration stamps
21.33owned by, or in the possession of, a licensed distributor in the state of Minnesota shall be
21.34stored at a storage facility which has been registered with the Division of Alcohol and
21.35Gambling Enforcement. No gambling equipment may be moved from the facility unless
22.1the gambling equipment has been first registered with the board or the Department of
22.2Revenue. A distributor must notify the board of the method that it will use to sell and
22.3transfer electronic pull-tab games to licensed organizations, and must receive approval of
22.4the board before implementing or making changes to the approved method.
22.5(b) Notwithstanding section 349.163, subdivisions 5, 6, and 8, a licensed
22.6manufacturer may ship into Minnesota approved or unapproved gambling equipment if the
22.7licensed manufacturer ships the gambling equipment to a Minnesota storage facility that
22.8is: (1) owned or leased by the licensed manufacturer; and (2) registered, in advance and
22.9in writing, with the Division of Alcohol and Gambling Enforcement as a manufacturer's
22.10storage facility. No gambling equipment may be shipped into Minnesota to the
22.11manufacturer's registered storage facility unless the shipment of the gambling equipment
22.12is reported to the Department of Revenue in a manner prescribed by the department.
22.13No gambling equipment may be moved from the storage facility unless the gambling
22.14equipment is sold to a licensed distributor and is otherwise in conformity with this chapter,
22.15is shipped to an out-of-state site and the shipment is reported to the Department of
22.16Revenue in a manner prescribed by the department, or is otherwise sold and shipped as
22.17permitted by board rule. A manufacturer must notify the board of the method that it will
22.18use to sell and transfer electronic pull-tab games to licensed distributors, and must receive
22.19approval of the board before implementing or making changes to the approved method.
22.20(c) All storage facilities owned, leased, used, or operated by a licensed distributor
22.21or manufacturer may be entered upon and inspected by the employees of the Division of
22.22Alcohol and Gambling Enforcement, the Division of Alcohol and Gambling Enforcement
22.23director's authorized representatives, employees of the Gambling Control Board or its
22.24authorized representatives, employees of the Department of Revenue, or authorized
22.25representatives of the director of the Division of Special Taxes of the Department of
22.26Revenue during reasonable and regular business hours. Obstruction of, or failure to
22.27permit, entry and inspection is cause for revocation or suspension of a manufacturer's or
22.28distributor's licenses and permits issued under this chapter.
22.29(d) Unregistered gambling equipment found at any location in Minnesota other than
22.30the manufacturing plant of a licensed manufacturer or a registered storage facility are
22.31contraband under section 349.2125. This paragraph does not apply:
22.32(1) to unregistered gambling equipment being transported in interstate commerce
22.33between locations outside this state, if the interstate shipment is verified by a bill of lading
22.34or other valid shipping document; and
22.35(2) to gambling equipment registered with the Department of Revenue for
22.36distribution to the tribal casinos.

23.1    Sec. 40. Minnesota Statutes 2010, section 349.163, subdivision 1, is amended to read:
23.2    Subdivision 1. License required. No manufacturer of gambling equipment may
23.3sell any gambling equipment to any person for use or resale within the state, unless the
23.4manufacturer has a current and valid license issued by the board under this section and has
23.5satisfied other criteria prescribed by the board by rule. A manufacturer licensed under this
23.6section may also be licensed as a linked bingo game provider under section 349.1635.
23.7A manufacturer licensed under this section may not also be directly or indirectly
23.8licensed as a distributor under section 349.161.

23.9    Sec. 41. Minnesota Statutes 2010, section 349.163, subdivision 5, is amended to read:
23.10    Subd. 5. Paper pull-tab and tipboard flares. (a) A manufacturer may not ship or
23.11cause to be shipped into this state or sell for use or resale in this state any deal of paper
23.12pull-tabs or tipboards that does not have its own individual flare as required for that deal
23.13by this subdivision and rule of the board. A person other than a manufacturer may not
23.14manufacture, alter, modify, or otherwise change a flare for a deal of paper pull-tabs or
23.15tipboards except as allowed by this chapter or board rules.
23.16(b) The flare of each paper pull-tab and tipboard game must have affixed to
23.17or imprinted at the bottom a bar code that provides all information required by the
23.18commissioner of revenue under section 297E.04, subdivision 2.
23.19The serial number included in the bar code must be the same as the serial number
23.20of the tickets included in the deal. A manufacturer who manufactures a deal of paper
23.21pull-tabs must affix to the outside of the box containing that game the same bar code that
23.22is affixed to or imprinted at the bottom of a flare for that deal.
23.23(c) No person may alter the bar code that appears on the outside of a box containing
23.24a deal of paper pull-tabs and tipboards. Possession of a box containing a deal of paper
23.25pull-tabs and tipboards that has a bar code different from the bar code of the deal inside
23.26the box is prima facie evidence that the possessor has altered the bar code on the box.
23.27(d) The flare of each deal of paper pull-tabs and tipboards sold by a manufacturer for
23.28use or resale in Minnesota must have imprinted on it a symbol that is at least one inch high
23.29and one inch wide consisting of an outline of the geographic boundaries of Minnesota
23.30with the letters "MN" inside the outline. The flare must be placed inside the wrapping of
23.31the deal which the flare describes.
23.32(e) Each paper pull-tab and tipboard flare must bear the following statement printed
23.33in letters large enough to be clearly legible:
23.34"Pull-tab (or tipboard) purchasers -- This pull-tab (or tipboard) game is not legal in
23.35Minnesota unless:
24.1-- an outline of Minnesota with letters "MN" inside it is imprinted on this sheet, and
24.2-- the serial number imprinted on the bar code at the bottom of this sheet is the same
24.3as the serial number on the pull-tab (or tipboard) ticket you have purchased."
24.4(f) The flare of each paper pull-tab and tipboard game must have the serial number
24.5of the game imprinted on the bar code at the bottom of the flare in numerals at least
24.6one-half inch high.

24.7    Sec. 42. Minnesota Statutes 2010, section 349.163, subdivision 6, is amended to read:
24.8    Subd. 6. Samples of gambling equipment. (a) The board shall require each
24.9licensed manufacturer to submit to the board one or more samples of each item of gambling
24.10equipment the manufacturer manufactures manufactured for use or resale in this state.
24.11For purposes of this subdivision, a manufacturer is also required to submit the applicable
24.12version of any software necessary to operate electronic devices and related systems.
24.13(b) The board shall inspect and test all the equipment, including software and
24.14software upgrades, it deems necessary to determine the equipment's compliance with
24.15law and board rules. Samples required under this subdivision must be approved by the
24.16board before the equipment being sampled is shipped into or sold for use or resale in this
24.17state. The board shall impose a fee of $25 for each item of gambling equipment that the
24.18manufacturer submits for approval or for which the manufacturer requests approval. The
24.19board shall impose a fee of $100 for each sample of gambling equipment that it tests.
24.20(c) The board may require samples of gambling equipment to be tested by an
24.21independent testing laboratory prior to submission to the board for approval. All costs
24.22of testing by an independent testing laboratory must be borne by the manufacturer. An
24.23independent testing laboratory used by a manufacturer to test samples of gambling
24.24equipment must be approved by the board before the equipment is submitted to the
24.25laboratory for testing.
24.26(d) The board may request the assistance of the commissioner of public safety and
24.27the director of the State Lottery in performing the tests.

24.28    Sec. 43. Minnesota Statutes 2010, section 349.1635, subdivision 2, is amended to read:
24.29    Subd. 2. License application. The board may issue a license to a linked bingo game
24.30provider or to a manufacturer licensed under section 349.163 who meets the qualifications
24.31of this chapter and the rules promulgated by the board. The application shall be on a form
24.32prescribed by the board. The license is valid for two years and the fee for a linked bingo
24.33game provider license is $5,000 per year.

25.1    Sec. 44. Minnesota Statutes 2010, section 349.1635, subdivision 3, is amended to read:
25.2    Subd. 3. Attachments to application. An applicant for a linked bingo game
25.3provider license must attach to its application:
25.4(1) evidence of a bond in the principal amount of $100,000 payable to the state of
25.5Minnesota conditioned on the payment of all linked bingo prizes and any other money due
25.6and payable under this chapter;
25.7(2) detailed plans and specifications for the operation of the linked bingo game and
25.8the linked bingo system, along with a proposed fee schedule for the cost of providing
25.9services and equipment to licensed organizations which may not exceed 15 percent of
25.10gross profits, unless a higher percentage, not to exceed 20 percent, is authorized by the
25.11board. The fee schedule must incorporate costs paid to distributors for services provided
25.12under subdivision 5; and
25.13(3) any other information required by the board by rule.

25.14    Sec. 45. Minnesota Statutes 2010, section 349.1635, is amended by adding a
25.15subdivision to read:
25.16    Subd. 5. Linked bingo game services requirements. (a) A linked bingo game
25.17provider must contract with licensed distributors for linked bingo game services including,
25.18but not limited to, the solicitation of agreements with licensed organizations, and
25.19installation, repair, or maintenance of the linked bingo game system.
25.20(b) A distributor may not charge a fee to licensed organizations for services
25.21authorized and rendered under paragraph (a).
25.22(c) A linked bingo game provider may not contract with any distributor on an
25.23exclusive basis.
25.24(d) A linked bingo game provider may refuse to contract with a licensed distributor
25.25if the linked bingo game provider demonstrates that the licensed distributor is not capable
25.26of performing the services under the contract.

25.27    Sec. 46. Minnesota Statutes 2010, section 349.165, subdivision 2, is amended to read:
25.28    Subd. 2. Contents of application. An application for a premises permit must
25.29contain:
25.30    (1) the name and address of the applying organization;
25.31    (2) a description of the site for which the permit is sought, including its address and,
25.32where applicable, its placement within another premises or establishment;
25.33    (3) if the site is leased, the name and address of the lessor and information about the
25.34lease the board requires, including all rents and other charges for the use of the site. The
26.1lease term is concurrent with the term of the premises permit. The lease must contain a
26.230-day termination clause. No lease is required for the conduct of a raffle; and
26.3    (4) other information the board deems necessary to carry out its purposes.
26.4    An organization holding a premises permit must notify the board in writing within
26.5ten days whenever any material change is made in the above information.

26.6    Sec. 47. Minnesota Statutes 2010, section 349.17, subdivision 6, is amended to read:
26.7    Subd. 6. Conduct of bingo. The price of a face played on an electronic bingo
26.8device may not be less than the price of a face on a bingo paper sheet sold for the same
26.9game at the same occasion. A game of bingo begins with the first letter and number called
26.10or displayed. Each player must cover, mark, or activate the numbers when bingo numbers
26.11are randomly selected, and announced, and or displayed to the players, either manually
26.12or with a flashboard and monitor. The game is won when a player, using bingo paper,
26.13bingo hard card, or a facsimile of a bingo paper sheet, has completed, as described in the
26.14bingo program, a previously designated pattern or previously determined requirements
26.15of the game and declared bingo. The game is completed when a winning card, sheet, or
26.16facsimile is verified and a prize awarded pursuant to subdivision 3.

26.17    Sec. 48. Minnesota Statutes 2010, section 349.17, subdivision 7, is amended to read:
26.18    Subd. 7. Bar bingo. An organization may conduct bar bingo subject to the
26.19following restrictions:
26.20    (1) the bingo is conducted at a site the organization owns or leases and which has a
26.21license for the sale of intoxicating beverages on the premises under chapter 340A; and
26.22    (2) the bingo is conducted using only bingo paper sheets or facsimiles of bingo paper
26.23sheets purchased from a licensed distributor or licensed linked bingo game provider; and.
26.24    (3) no rent may be paid for a bar bingo occasion.

26.25    Sec. 49. Minnesota Statutes 2010, section 349.17, subdivision 8, is amended to read:
26.26    Subd. 8. Linked bingo games. (a) A licensed organization may conduct or
26.27participate in not more than two linked bingo games per occasion, one of which may be a,
26.28including progressive game games in which a portion of the prize is carried over from
26.29one occasion game to another until won by a player achieving a valid bingo within a
26.30predetermined amount of bingo numbers called based upon a predetermined and posted
26.31win determination.
26.32    (b) Each participating licensed organization shall contribute to each prize awarded in
26.33a linked bingo game in an amount not to exceed $300. Linked bingo games may only be
27.1conducted by licensed organizations who have a valid agreement with the linked bingo
27.2game provider.
27.3    (c) An electronic bingo device as defined in section 349.12, subdivision 12a, may
27.4be used for a linked bingo game.
27.5    (d) The board may adopt rules to:
27.6    (1) specify the manner in which a linked bingo game must be played and how the
27.7linked bingo prizes must be awarded;
27.8    (2) specify the records to be maintained by a linked bingo game provider;
27.9    (3) require the submission of periodic reports by the linked bingo game provider and
27.10specify the content of the reports;
27.11    (4) establish the qualifications required to be licensed as a linked bingo game
27.12provider; and
27.13    (5) any other matter involving the operation of a linked bingo game.

27.14    Sec. 50. Minnesota Statutes 2010, section 349.17, is amended by adding a subdivision
27.15to read:
27.16    Subd. 9. Linked bingo games played exclusively on electronic bingo devices. In
27.17addition to the requirements of subdivision 8, the following requirements and restrictions
27.18apply when linked bingo games are played exclusively on electronic bingo devices.
27.19(a) The permitted premises must be:
27.20(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent
27.21malt beverages, except for a general food store or drug store permitted to sell alcoholic
27.22beverages under section 340A.405, subdivision 1; or
27.23(2) a premises where bingo is conducted as the primary business and has a seating
27.24capacity of at least 100.
27.25(b) The number of electronic bingo devices is limited to:
27.26(1) no more than six devices in play for permitted premises with 200 seats or less;
27.27(2) no more than 12 devices in play for permitted premises with 201 seats or more;
27.28and
27.29(3) no more than 50 devices in play for permitted premises where bingo is the
27.30primary business.
27.31Seating capacity is determined as specified under the local fire code.
27.32(c) Prior to a bingo occasion, the linked bingo game provider, on behalf of the
27.33participating organizations, must provide to the board a bingo program in a format
27.34prescribed by the board.
28.1(d) Before participating in the play of a linked bingo game, a player must present
28.2and register a valid picture identification card that includes the player's address and
28.3date of birth.
28.4(e) An organization may remove from play a device that a player has not maintained
28.5in an activated mode for a specified period of time determined by the organization. The
28.6organization must provide the notice in its house rules.

28.7    Sec. 51. Minnesota Statutes 2010, section 349.1711, subdivision 1, is amended to read:
28.8    Subdivision 1. Sale of tickets. (a) Tipboard games must be played using only
28.9tipboard tickets that are either (1) attached to a placard and arranged in columns or rows,
28.10or (2) separate from the placard and contained in a receptacle while the game is in play.
28.11The placard serves as the game flare.
28.12(b) Except for a sports-themed tipboard, the placard must contain a seal that conceals
28.13the winning number or symbol. When a tipboard ticket is purchased and opened from a
28.14game containing more than 32 tickets, each player having a tipboard ticket with one or
28.15more predesignated numbers or symbols must sign the placard at the line indicated by the
28.16number or symbol on the tipboard ticket.

28.17    Sec. 52. Minnesota Statutes 2010, section 349.1711, subdivision 2, is amended to read:
28.18    Subd. 2. Determination of winners. When the predesignated numbers or symbols
28.19have all been purchased, or all of the tipboard tickets for that game have been sold,
28.20the seal must be removed to reveal a number or symbol that determines which of the
28.21predesignated numbers or symbols is the winning number or symbol. A tipboard may also
28.22contain consolation winners, or winning chances that are determined in whole or in part
28.23by the numerical outcome of one or more professional sporting events, that need not be
28.24determined by the use of the seal.

28.25    Sec. 53. Minnesota Statutes 2010, section 349.1721, is amended to read:
28.26349.1721 CONDUCT OF PULL-TABS.
28.27    Subdivision 1. Cumulative or carryover games. The board shall by rule permit
28.28pull-tab games with multiple seals. The board shall also adopt rules for pull-tab games with
28.29cumulative or carryover prizes. The rules shall also apply to electronic pull-tab games.
28.30    Subd. 2. Event games. The board shall by rule permit pull-tab games in which
28.31certain winners are determined by the random selection of one or more bingo numbers
28.32or by another method approved by the board. The rules shall also apply to electronic
28.33pull-tab games.
29.1    Subd. 3. Pull-tab dispensing device location restrictions and requirements.
29.2The following pertain to pull-tab dispensing devices as defined under section 349.12,
29.3subdivision 32a.
29.4(a) The use of any pull-tab dispensing device must be at a permitted premises
29.5which is:
29.6(1) a licensed premises for on-sale of intoxicating liquor or 3.2 percent malt
29.7beverages;
29.8(2) a premises where bingo is conducted as the primary business; or
29.9(3) an establishment licensed for the off-sale of intoxicating liquor, other than drug
29.10stores and general food stores licensed under section 340A.405, subdivision 1.
29.11(b) The number of pull-tab dispensing devices located at any permitted premises
29.12is limited to three.
29.13    Subd. 4. Electronic pull-tab device requirements and restrictions. The following
29.14pertain to the use of electronic pull-tab devices as defined under section 349.12,
29.15subdivision 12b.
29.16(a) The use of any electronic pull-tab device may only be at a permitted premises
29.17that is:
29.18(1) a premises licensed for the on-sale or off-sale of intoxicating liquor or 3.2 percent
29.19malt beverages, except for a general food store or drug store permitted to sell alcoholic
29.20beverages under section 340A.405, subdivision 1; or
29.21(2) a premises where bingo is conducted as the primary business and has a seating
29.22capacity of at least 100; and
29.23(3) where the licensed organization sells paper pull-tabs.
29.24(b) The number of electronic pull-tab devices is limited to:
29.25(1) no more than six devices in play at any permitted premises with 200 seats or less;
29.26(2) no more than 12 devices in play at any permitted premises with 201 seats
29.27or more; and
29.28(3) no more than 50 devices in play at any permitted premises where the primary
29.29business is bingo.
29.30Seating capacity is determined as specified under the local fire code.
29.31(c) The hours of operation for the devices are limited to 8:00 a.m. to 2:00 a.m.
29.32(d) All electronic pull-tab games must be sold and played on the permitted premises
29.33and may not be linked to other permitted premises.
29.34(e) Electronic pull-tab games may not be transferred electronically or otherwise to
29.35any other location by the licensed organization.
30.1(f) Electronic pull-tab games may be commingled if the games are from the same
30.2family of games and manufacturer and contain the same game name, form number, type
30.3of game, ticket count, prize amounts, and prize denominations. Each commingled game
30.4must have a unique serial number.
30.5(g) An organization may remove from play a device that a player has not maintained
30.6in an activated mode for a specified period of time determined by the organization. The
30.7organization must provide the notice in its house rules.
30.8(h) Before participating in the play of an electronic pull-tab game, a player must
30.9present and register a valid picture identification card that includes the player's address
30.10and date of birth.
30.11(i) Each player is limited to the use of one device at a time.
30.12    Subd. 5. Multiple chance games. The board may permit pull-tab games in which
30.13the holders of certain predesignated winning tickets, with a prize value not to exceed $75
30.14each, have the option of turning in the winning tickets for the chance to win a prize of
30.15greater value.

30.16    Sec. 54. Minnesota Statutes 2010, section 349.18, subdivision 1, is amended to read:
30.17    Subdivision 1. Lease or ownership required; rent limitations. (a) An organization
30.18may conduct lawful gambling only on premises it owns or leases. Leases must be on a
30.19form prescribed by the board. The term of the lease is concurrent with the premises permit.
30.20Leases approved by the board must specify that the board may authorize an organization
30.21to withhold rent from a lessor for a period of up to 90 days if the board determines that
30.22illegal gambling occurred on the premises or that the lessor or its employees participated
30.23in the illegal gambling or knew of the gambling and did not take prompt action to stop the
30.24gambling. The lease must authorize the continued tenancy of the organization without
30.25the payment of rent during the time period determined by the board under this paragraph.
30.26Copies of all leases must be made available to employees of the board and the Division of
30.27Alcohol and Gambling Enforcement on request.
30.28    (b) Rent paid by an organization for leased premises for the conduct of pull-tabs,
30.29tipboards, and paddle wheels lawful gambling is subject to the following limits and
30.30restrictions:
30.31    (1) For booth operations, including booth operations where a pull-tab dispensing
30.32device is located, booth operations where a bar operation is also conducted, and booth
30.33operations where both a pull-tab dispensing device is located and a bar operation is also
30.34conducted, the maximum rent is: monthly rent may not exceed ten percent of gross profits
31.1for that month. Total rent paid to a lessor from all organizations from leases governed by
31.2this clause may not exceed $1,750 per month.
31.3    (i) in any month where the organization's gross profit at those premises does not
31.4exceed $4,000, up to $400; and
31.5    (ii) in any month where the organization's gross profit at those premises exceeds
31.6$4,000, up to $400 plus not more than ten percent of the gross profit for that month in
31.7excess of $4,000;
31.8    (2) For bar operations, including bar operations where a pull-tab dispensing device
31.9is located but not including bar operations subject to clause (1), and for locations where
31.10only a pull-tab dispensing device is located: monthly rent may not exceed:
31.11(i) 15 percent of the gross profits for that month from pull-tabs sold from a pull-tab
31.12dispensing device, electronic pull-tab games, and electronic linked bingo games; and
31.13(ii) more than 20 percent of gross profits from all other forms of lawful gambling.
31.14    (i) in any month where the organization's gross profit at those premises does not
31.15exceed $1,000, up to $200; and
31.16    (ii) in any month where the organization's gross profit at those premises exceeds
31.17$1,000, up to $200 plus not more than 20 percent of the gross profit for that month
31.18in excess of $1,000;
31.19    (3) a lease not governed by clauses (1) and (2) must be approved by the board before
31.20becoming effective; For electronic linked bingo games and electronic pull-tab games that
31.21are operated for separate time periods within a business day by an organization and the
31.22lessor, monthly rent may not be more than:
31.23(i) 15 percent of the gross profits for that month for the time periods operated by
31.24the lessor. The lessor is responsible for cash shortages that occur during the time periods
31.25the games are operated by the lessor; and
31.26(ii) ten percent of gross profits for that month for the time periods operated by the
31.27organization. The organization is responsible for cash shortages that occur during the time
31.28periods the games are operated by the organization.
31.29    (4) total rent paid to a lessor from all organizations from leases governed by clause
31.30(1) may not exceed $1,750 per month.
31.31    (c) Rent paid by an organization for leased premises for the conduct of bingo is
31.32subject to either of the following limits at the option of the parties to the lease:
31.33    (1) (4) For bingo conducted at a leased premises where the primary business is
31.34bingo, rent is limited to either not more than ten percent of the monthly gross profit from
31.35all lawful gambling activities held during bingo occasions, excluding bar bingo or at a
32.1rate based on a cost per square foot not to exceed 110 percent of a comparable cost per
32.2square foot for leased space as approved by the director; and.
32.3    (2) (5) No rent may be paid for bar bingo as defined in section 349.12, subdivision 3c.
32.4(6) A lease not governed by clauses (1) to (5) must be approved by the director
32.5before becoming effective.
32.6    (d) (c) Amounts paid as rent under leases are all-inclusive. No other services or
32.7expenses provided or contracted by the lessor may be paid by the organization, including,
32.8but not limited to, trash removal, janitorial and cleaning services, snow removal, lawn
32.9services, electricity, heat, security, security monitoring, storage, and other utilities or
32.10services, and, in the case of bar operations, cash shortages, unless approved by the
32.11director. The lessor shall be responsible for the cost of any communications network or
32.12service required to conduct electronic pull-tab games or electronic bingo games. Any
32.13other expenditure made by an organization that is related to a leased premises must be
32.14approved by the director. For bar operations, the lessor is responsible for cash shortages.
32.15An organization may not provide any compensation or thing of value to a lessor or the
32.16lessor's employees from any fund source other than its gambling account. Rent payments
32.17may not be made to an individual.
32.18    (e) (d) Notwithstanding paragraph (b), an organization may pay a lessor for food
32.19or beverages or meeting room rental if the charge made is comparable to similar charges
32.20made to other individuals or groups.
32.21    (f) No entity other than the (e) A licensed organization may not conduct any activity
32.22within a booth operation on behalf of the lessor on a leased premises.

32.23    Sec. 55. Minnesota Statutes 2010, section 349.19, subdivision 2, is amended to read:
32.24    Subd. 2. Accounts. (a) Gross receipts from lawful gambling by each organization
32.25must be segregated from all other revenues of the conducting organization and placed in a
32.26separate gambling bank account.
32.27(b) All expenditures for allowable expenses, taxes, and lawful purposes must be
32.28made from the separate account except (1) in the case of expenditures previously approved
32.29by the organization's membership for emergencies as defined by board rule, (2) as provided
32.30in subdivision 2a, or (3) when restricted to one electronic fund transaction for the payment
32.31of taxes for the organization as a whole, the organization may transfer the amount of taxes
32.32related to the conduct of gambling to the general account at the time when due and payable.
32.33(c) The name and address of the bank, the account number for the separate account,
32.34and the names of organization members authorized as signatories on the separate account
33.1must be provided to the board when the application is submitted. Changes in the
33.2information must be submitted to the board at least ten days before the change is made.
33.3(d) Except for gambling receipts from electronic pull-tab games and linked
33.4electronic bingo games, gambling receipts must be deposited into the gambling bank
33.5account within four business days of completion of the bingo occasion, deal, or game from
33.6which they are received.
33.7(1) A deal of paper pull-tabs is considered complete when either the last pull-tab of
33.8the deal is sold or the organization does not continue the play of the deal during the next
33.9scheduled period of time in which the organization will conduct pull-tabs.
33.10(2) A tipboard game is considered complete when the seal on the game flare is
33.11uncovered or the organization does not continue the play of the deal during the next
33.12scheduled period of time in which the organization will conduct tipboards.
33.13(e) Gambling receipts from all electronic pull-tab games and all linked electronic
33.14bingo games must be recorded on a daily basis and deposited into the gambling bank
33.15account within two business days.
33.16(e) (f) Deposit records must be sufficient to allow determination of deposits made
33.17from each bingo occasion, deal, or game at each permitted premises.
33.18(f) (g) The person who accounts for gambling gross receipts and profits may not be
33.19the same person who accounts for other revenues of the organization.

33.20    Sec. 56. Minnesota Statutes 2010, section 349.19, subdivision 3, is amended to read:
33.21    Subd. 3. Expenditures. (a) All expenditures of gross profits from lawful gambling
33.22must be itemized as to payee, purpose, amount, and date of payment.
33.23(b) Each licensed organization must report monthly to the board on a form in an
33.24electronic format prescribed by the board each expenditure or contribution of net profits
33.25from lawful gambling. The reports must provide for each expenditure or contribution:
33.26(1) the name of the recipient of the expenditure or contribution;
33.27(2) the date the expenditure or contribution was approved by the organization;
33.28(3) the date, amount, and check number or electronic transfer confirmation number
33.29of the expenditure or contribution;
33.30(4) a brief description of how the expenditure or contribution meets one or more of
33.31the purposes in section 349.12, subdivision 25; and
33.32(5) in the case of expenditures authorized under section 349.12, subdivision 25,
33.33paragraph (a), clause (7), whether the expenditure is for a facility or activity that primarily
33.34benefits male or female participants.
34.1(c) Authorization of the expenditures must be recorded in the monthly meeting
34.2minutes of the licensed organization.
34.3(d) Checks or authorizations for electronic fund transfers for expenditures of gross
34.4profits must be signed by at least two persons authorized by board rules to sign the
34.5checks or authorizations.
34.6(e) Expenditures of gross profits from lawful gambling for local, state, and federal
34.7taxes as identified in section 349.12, subdivision 25, paragraph (a), clause (8), may be
34.8transferred electronically from the organization's gambling account directly to bank
34.9accounts identified by local, state, or federal agencies if the organization's gambling
34.10account monthly bank statement specifically identifies the payee by name, the amount
34.11transferred, and the date of the transaction.
34.12(f) Expenditures of gross profits from lawful gambling for payments for lawful
34.13purpose expenditures and allowable expenses may be transferred electronically from the
34.14organization's gambling account directly to bank accounts identified by the vendor if the
34.15organization's gambling account monthly bank statement specifically identifies the payee
34.16by name, the amount transferred, the account number of the account into which the funds
34.17were transferred, and the date of the transaction.
34.18(g) Expenditures of gross profits from lawful gambling for payroll compensation
34.19to an employee's account and for the payment of local, state, and federal withholding
34.20taxes may be transferred electronically to and from the account of a payroll processing
34.21firm provided that the firm:
34.22(1) is currently registered with and meets the criteria of the Department of Revenue
34.23as a third-party bulk filer under section 290.92, subdivision 30;
34.24(2) is able to provide proof of a third-party audit and an annual report and statement
34.25of financial condition;
34.26(3) is able to provide evidence of a fidelity bond; and
34.27(4) can provide proof of having been in business as a third-party bulk filer for the
34.28most recent three years.
34.29(h) Electronic payments of taxes, lawful purpose expenditures, and allowable
34.30expenses are permitted only if they have been authorized by the membership, the
34.31organization maintains supporting documentation, and the expenditures can be verified.
34.32EFFECTIVE DATE.This section is effective July 1, 2012.

34.33    Sec. 57. Minnesota Statutes 2010, section 349.19, subdivision 5, is amended to read:
34.34    Subd. 5. Reports. (a) A licensed organization must report monthly to the
34.35Department of Revenue board in an electronic format prescribed by the board and to its
35.1membership monthly, or quarterly in the case of a licensed organization which does not
35.2report more than $1,000 in gross receipts from lawful gambling in any calendar quarter,
35.3on its gross receipts, expenses, profits, and expenditure of profits from lawful gambling
35.4for each permitted premises. The organization must account for and report on each form
35.5of lawful gambling conducted. The report organization must include a reconciliation of
35.6the organization's profit carryover with its cash balance on hand. If the organization
35.7conducts both bingo and other forms of lawful gambling, the figures for both must be
35.8reported separately.
35.9(b) The organization must report annually to its membership and annually file with
35.10the board a financial summary report in a format prescribed by the board that identifies the
35.11organization's receipts and use of lawful gambling proceeds, including: monthly to the
35.12commissioner of revenue as required under section 297E.06.
35.13(1) gross receipts;
35.14(2) prizes paid;
35.15(3) allowable expenses;
35.16(4) lawful purpose expenditures, including annual totals for types of charitable
35.17contributions and all taxes and fees as per section 349.12, subdivision 25, paragraph
35.18(a), clauses (8) and (18);
35.19(5) the percentage of annual gross profits used for charitable contributions; and
35.20(6) the percentage of annual gross profits used for all taxes and fees as per section
35.21349.12, subdivision 25, paragraph (a), clauses (8) and (18).
35.22EFFECTIVE DATE.This section is effective July 1, 2012.

35.23    Sec. 58. Minnesota Statutes 2010, section 349.19, subdivision 10, is amended to read:
35.24    Subd. 10. Pull-tab records. (a) The board shall by rule require a licensed
35.25organization to require each winner of a paper pull-tab prize of $50 or more to present
35.26identification in the form of a driver's license, Minnesota identification card, or other
35.27identification the board deems sufficient to allow the identification and tracking of the
35.28winner. The rule must require the organization to retain winning paper pull-tabs of $50 or
35.29more, and the identification of the winner of the pull-tab, for 3-1/2 years.
35.30    (b) An organization must maintain separate cash banks for each deal of paper
35.31pull-tabs unless (1) the licensed organization uses a pull-tab dispensing device, or (2) the
35.32organization uses a cash register, of a type approved by the board, which records all
35.33sales of paper pull-tabs by separate deals.
35.34    (c) The board shall:
36.1    (1) by rule adopt minimum technical standards for cash registers that may be used
36.2by organizations, and shall approve for use by organizations any cash register that meets
36.3the standards; and
36.4    (2) before allowing an organization to use a cash register that commingles receipts
36.5from several different paper pull-tab games in play, adopt rules that define how cash
36.6registers may be used and that establish a procedure for organizations to reconcile all
36.7pull-tab games in play at the end of each month.

36.8    Sec. 59. Minnesota Statutes 2010, section 349.211, subdivision 1a, is amended to read:
36.9    Subd. 1a. Linked bingo prizes. Prizes for a linked bingo game shall be limited
36.10as follows:
36.11(1) no organization may contribute more than $300 per linked bingo game to a
36.12linked bingo prize pool for linked bingo games played without electronic bingo devices,
36.13an organization may not contribute to a linked bingo game prize pool more than $300
36.14per linked bingo game per site;
36.15(2) for linked bingo games played exclusively with electronic bingo devices, an
36.16organization may not contribute more than 85 percent of the gross receipts per permitted
36.17premises to a linked bingo game prize pool;
36.18(2) (3) no organization may award more than $200 for a linked bingo game
36.19consolation prize. For purposes of this subdivision, a linked bingo game consolation
36.20prize is a prize awarded by an organization after a prize from the linked bingo prize pool
36.21has been won; and
36.22    (3) (4) for a progressive linked bingo game, if no player declares a valid bingo
36.23within the for a progressive prize or prizes based on a predetermined amount of bingo
36.24numbers called and posted win determination, a portion of the prize is gross receipts
36.25may be carried over to another occasion game until the accumulated progressive prize
36.26is won. The portion of the prize that is not carried over must be awarded to the first
36.27player or players who declares a valid bingo as additional numbers are called. If a valid
36.28bingo is declared within the predetermined amount of bingo numbers called, the entire
36.29prize pool for that game is awarded to the winner. The annual limit for progressive bingo
36.30game prizes contained in subdivision 2 must be reduced by the amount an organization
36.31contributes to progressive linked bingo games during the same calendar year.; and
36.32(5) for linked bingo games played exclusively with electronic bingo devices, linked
36.33bingo prizes in excess of $599 shall be paid by the linked bingo game provider to the
36.34player within three business days. Winners of linked bingo prizes in excess of $599 will
36.35be given a receipt or claim voucher as proof of a win.

37.1    Sec. 60. Minnesota Statutes 2010, section 349.211, subdivision 2c, is amended to read:
37.2    Subd. 2c. Tipboard prizes. (a) The maximum prize which may be awarded for
37.3a tipboard ticket is $599 for $2 and under tipboard tickets, $899 for $3 tipboard tickets,
37.4$1,199 for $4 tipboard tickets, and $1,499 for $5 tipboard tickets, not including any
37.5cumulative or carryover prizes. Cumulative or carryover prizes in tipboard games shall
37.6not exceed $2,500. An organization may not sell any tipboard ticket for more than $5.
37.7(b) For sports-themed tipboards, the total prize payout may not exceed the amount in
37.8section 349.2113, and each chance or ticket may not be sold for more than $10.

37.9    Sec. 61. APPROPRIATION.
37.10$880,000 in fiscal year 2013 is appropriated from the lawful gambling regulation
37.11account in the special revenue fund to the Gambling Control Board for operating expenses
37.12related to the regulatory oversight of lawful gambling for electronic pull-tabs and
37.13electronic linked bingo.

37.14    Sec. 62. REPEALER.
37.15Minnesota Statutes 2010, sections 297E.02, subdivision 4; 349.15, subdivision 3;
37.16and 349.19, subdivision 2a, are repealed.
37.17EFFECTIVE DATE.This section is effective for games sold by a licensed
37.18distributor after June 30, 2012, and the commissioner of revenue retains the authority to
37.19issue refunds under Minnesota Statutes 2010, section 297E.02, subdivision 4, paragraph
37.20(d), for games sold before July 1, 2012.

37.21    Sec. 63. SEVERABILITY.
37.22If any provision of this act is found to be invalid because it is in conflict with a
37.23provision of the Minnesota Constitution or the Constitution of the United States, or for any
37.24other reason, all other provisions of this act shall remain valid and any rights, remedies,
37.25and privileges that have been otherwise accrued by this act, shall remain in effect and may
37.26be proceeded with and concluded under this act.

37.27    Sec. 64. EFFECTIVE DATE.
37.28Unless otherwise specifically provided, this act is effective the day following final
37.29enactment.