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HF 1778

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2017 01:56pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; providing for oversight of publicly owned stadiums
and other facilities; requiring record keeping and reports; amending Minnesota
Statutes 2016, sections 3.8842, subdivisions 1, 7; 473J.07, subdivision 2; 473J.09,
subdivision 13, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 471.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 3.8842, subdivision 1, is amended to read:


Subdivision 1.

Purpose.

The Legislative Commission on Minnesota Sports Facilities is
established by and under the authority of the Legislative Coordinating Commission to
oversee the Minnesota Sports Facilities Authority's operating and capital budgetsnew text begin , and to
oversee the authority's use of suites, cabin suites, parking, food service, and other public
amenities
new text end . The legislature finds that continuous legislative review of the deleted text begin financial
management of the
deleted text end authority is necessary to promote fiscal responsibility and good
management, and strengthen thenew text begin publicnew text end accountability of the authority. The commission is
charged with:

(1) providing financial oversight of the authority as described in subdivision 8;

(2) adoption of a statewide authority structure for the operation and management of
sports facilities and entertainment venues under the jurisdiction of the authority. The authority
membership shall represent the interests of both the metropolitan area and greater Minnesota;
deleted text begin and
deleted text end

(3) creating a comprehensive management plan that alleviates booking and scheduling
concerns regarding the sports facilities and entertainment venues under the jurisdiction of
the authoritydeleted text begin .deleted text end new text begin ; and
new text end

new text begin (4) reviewing all use of stadium amenities, examining all public and private records of
such uses, and providing oversight of authority compliance with appropriate public uses of
the stadium by members or staff of the authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 3.8842, subdivision 7, is amended to read:


Subd. 7.

Meetings; procedures.

The commission meets at least semiannually. If there
is a quorum, the commission may take action by a simple majority vote of commission
members present.new text begin The authority must conduct meetings to review the reports of the authority
required by section 473J.09, subdivision 13.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

new text begin [471.9998] PUBLIC STADIUMS, BALLPARKS, ARENAS, AND
ENTERTAINMENT FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to the following facilities:
new text end

new text begin (1) in Minneapolis, U.S. Bank Stadium, Target Field, Target Center, and TCF Bank
Stadium; and
new text end

new text begin (2) in St. Paul, Xcel Energy Center, and CHS Field.
new text end

new text begin Subd. 2. new text end

new text begin Preferential access prohibited; exceptions. new text end

new text begin (a) Except as provided in this
subdivision, a facility's public governing body may not provide an official, a member of an
official's immediate family, an employee of the public governing body, or a member of an
employee's immediate family with free, discounted, or preferential access to:
new text end

new text begin (1) admission tickets or parking privileges for events conducted at the facility;
new text end

new text begin (2) private suites, upgraded seating areas, or premium event experiences; or
new text end

new text begin (3) any other premium facility benefits or amenities.
new text end

new text begin (b) This subdivision does not prohibit free, discounted, or preferential access if:
new text end

new text begin (1) the access serves a public purpose, and each attendee's presence is necessary to
further that purpose; or
new text end

new text begin (2) an equivalent level of access is provided to the general public, or is provided because
of the recipient's membership in a group, a majority of whose members are not officials,
family members of an official, employees of the facility's public governing body, or family
members of an employee, and equivalent access is provided to all members of the group.
new text end

new text begin (c) As used in this subdivision, "official" has the meaning provided in section 10A.071,
subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Use of facility suites and other premium amenities by authority members
and staff; public purpose required.
new text end

new text begin (a) The use of any amenity controlled by a facility's
public governing body by a member or employee of the public governing body, including
preferential access to private suites, cabin suites or other similar gathering spaces, parking,
food service, and other premium amenities, is prohibited unless the use serves a public
purpose, and each attendee's presence is necessary to further that purpose. A record of all
uses under this subdivision, and their public purpose, is public at all times, and must be
posted on the Web site of the facility's public governing body, if the body maintains a Web
site.
new text end

new text begin (b) A facility's public governing body must adopt a policy prohibiting all uses of an
amenity controlled by the governing body by a member or employee of the body for a
private purpose, unless the use is provided at fair market value to the user.
new text end

new text begin Subd. 4. new text end

new text begin Code of ethics applies. new text end

new text begin Members of a facility's public governing body, and
any employees of the facility's public governing body, are subject to section 43A.38, as
supplemented by any statewide operating policy adopted by the commissioner of management
and budget that establishes a code of conduct for employees in the executive branch.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 473J.07, subdivision 2, is amended to read:


Subd. 2.

Membership.

(a) The authority shall consist of deleted text begin fivedeleted text end new text begin ninenew text end members.

(b) The chair and two members shall be appointed by the governor. One member
appointed by the governor shall serve until December 31 of the third year following
appointment and one member shall serve until December 31 of the fourth year following
appointment. Thereafter, members appointed by the governor shall serve four-year terms,
beginning January 1. Each member serves until a successor is appointed and takes office.
The chair serves at the pleasure of the governor.

(c) The mayor of the city shall appoint two members to the authority. One member
appointed by the mayor of the city shall serve until December 31 of the third year following
appointment and one member shall serve until December 31 of the fourth year following
appointment. Thereafter, members appointed under this paragraph shall serve four-year
terms beginning January 1. Each member serves until a successor is appointed and takes
office. Members appointed under this paragraph may reside within the city and may be
appointed officials of a political subdivision.

new text begin (d) The legislature shall appoint four members, as follows:
new text end

new text begin (1) one member must be appointed by the speaker of the house;
new text end

new text begin (2) one member must be appointed by the minority leader of the house of representatives;
new text end

new text begin (3) one member must be appointed by the senate majority leader; and
new text end

new text begin (4) one member must be appointed by the senate minority leader.
new text end

deleted text begin (d)deleted text end new text begin (e)new text end The initial members of the authority must be appointed not later than June 13,
2012.new text begin Current members of the legislature are not eligible to be appointed to the authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Appointees required by this section must be appointed no later than July 1, 2017.
new text end

Sec. 5.

Minnesota Statutes 2016, section 473J.09, subdivision 13, is amended to read:


Subd. 13.

Legislative report.

new text begin (a) new text end The authority must report to thenew text begin Legislative Commission
on Minnesota Sports Facilities and the
new text end chairs and ranking minority members of the legislative
committees with jurisdiction over state government finance by January 15new text begin , April 15, July
15, and October 15
new text end of each year on the following:

(1) any recommended increases in the rate or dollar amount of tax;

(2) any recommended increases in the debt of the authority;

(3) the overall work and role of the authority;

(4) the authority's proposed operating and capital budgets; deleted text begin and
deleted text end

(5) the authority's implementation of the operating and capital budgetsdeleted text begin .deleted text end new text begin , including
information on actual revenues and expenditures, events conducted, and all expected or
unexpected maintenance and capital repair needs arising since the time of the last report;
and
new text end

new text begin (6) a listing of all stadium amenities under the control of the authority since the time of
the last report, and how the amenities were used.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2016, section 473J.09, is amended by adding a subdivision to
read:


new text begin Subd. 15. new text end

new text begin Use of stadium amenities for charitable purposes. new text end

new text begin The authority may donate
access to stadium amenities to nonprofit organizations serving disadvantaged members of
the Minnesota public, if the authority adopts an equitable application process and procedure
for selecting recipients of the donation. A record of organizations provided access under
this subdivision is public at all times, and must be posted on the authority's Web site.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7. new text begin LEGISLATIVE AUDITOR REVIEW OF MINNESOTA SPORTS
FACILITIES AUTHORITY MANAGEMENT STRUCTURE.
new text end

new text begin The legislative auditor is requested to conduct a review of the management structure of
the Minnesota Sports Facilities Authority established in Minnesota Statutes, chapter 473J.
The review is requested to prioritize consideration of the authority's leadership positions,
including the necessity for the authority to be simultaneously led by a full-time executive
director and a full-time chair. As appropriate, the review may include recommendations for
legislation to improve the authority's management structure. The review must be submitted
to the Legislative Commission on Minnesota Sports Facilities, and the chairs and ranking
minority members of the legislative committees with jurisdiction over state government
finance, no later than January 15, 2018.
new text end