1.1 	 A bill for an act
1.2 	relating to state and local government operations; providing a process for 
1.3 	developing a new baseball stadium; establishing a metropolitan ballpark 
1.4 	authority; providing for the membership, powers, and duties of the authority; 
1.5 	authorizing Hennepin County to contract with the ballpark authority, issue 
1.6 	bonds, and impose an additional sales tax; specifying certain duties of the 
1.7 	city of Minneapolis; amending Minnesota Statutes 2004, section 297A.71, by 
1.8 	adding a subdivision; Minnesota Statutes 2005 Supplement, section 10A.01, 
1.9 	subdivision 35; repealing Minnesota Statutes 2004, sections 473I.01; 473I.02; 
1.10 	473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09; 473I.10; 473I.11; 
1.11 	473I.12; 473I.13.
1.12 	 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2005 Supplement, section 10A.01, subdivision 35, 
1.14 	is amended to read:
1.15 		Subd. 35.Public official. "Public official" means any:
1.16 	(1) member of the legislature;
1.17 	(2) individual employed by the legislature as secretary of the senate, legislative 
1.18 	auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or 
1.19 	attorney in the Office of Senate Counsel and Research or House Research;
1.20 	(3) constitutional officer in the executive branch and the officer's chief administrative 
1.21 	deputy;
1.22 	(4) solicitor general or deputy, assistant, or special assistant attorney general;
1.23 	(5) commissioner, deputy commissioner, or assistant commissioner of any state 
1.24 	department or agency as listed in section 15.01 or 15.06, or the state chief information 
1.25 	officer;
2.1 	(6) member, chief administrative officer, or deputy chief administrative officer of a 
2.2 	state board or commission that has either the power to adopt, amend, or repeal rules under 
2.3 	chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;
2.4 	(7) individual employed in the executive branch who is authorized to adopt, amend, 
2.5 	or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
2.6 	(8) executive director of the State Board of Investment;
2.7 	(9) deputy of any official listed in clauses (7) and (8);
2.8 	(10) judge of the Workers' Compensation Court of Appeals;
2.9 	(11) administrative law judge or compensation judge in the State Office of 
2.10 	Administrative Hearings or referee in the Department of Employment and Economic 
2.11 	Development;
2.12 	(12) member, regional administrator, division director, general counsel, or operations 
2.13 	manager of the Metropolitan Council;
2.14 	(13) member or chief administrator of a metropolitan agency;
2.15 	(14) director of the Division of Alcohol and Gambling Enforcement in the 
2.16 	Department of Public Safety;
2.17 	(15) member or executive director of the Higher Education Facilities Authority;
2.18 	(16) member of the board of directors or president of Minnesota Technology, Inc.; or
2.19 	(17) member of the board of directors or executive director of the Minnesota State 
2.20 	High School League; or
2.21 	(18) member of the Minnesota Ballpark Authority established in section 4.

2.22 	Sec. 2. Minnesota Statutes 2004, section 297A.71, is amended by adding a subdivision 
2.23 	to read:
2.24 		Subd. 37.Building materials exemption. Materials, supplies, and equipment used 
2.25 	or consumed in, and incorporated into the construction or improvement of the ballpark, 
2.26 	and public infrastructure constructed pursuant to sections 3 to 12, are exempt.

2.27 	Sec. 3. CONSTRUCTION AND FINANCING OF MAJOR LEAGUE 
2.28 	BALLPARK.
 2.29 		Subdivision 1.Purpose; findings. The purpose of this act is to provide for the 
2.30 	construction, financing, and long-term use of a ballpark primarily as a venue for major 
2.31 	league baseball.  It is hereby found and declared that the expenditure of public funds for 
2.32 	this purpose is necessary and serves a public purpose.  It is further found and declared that 
2.33 	any provision in a lease or use agreement with a major league team, that requires the team 
2.34 	to play its home games in a publicly funded ballpark for the duration of the lease or use 
3.1 	agreement, serves a unique public purpose for which the remedies of specific performance 
3.2 	and injunctive relief are essential to its enforcement.  It is further found and declared 
3.3 	that government assistance to facilitate the presence of major league baseball provides 
3.4 	to Hennepin County, the state of Minnesota, and its citizens highly valued intangible 
3.5 	benefits that are virtually impossible to quantify and, therefore, not recoverable even if 
3.6 	the government receives monetary damages in the event of a team's breach of contract. 
3.7 	Minnesota courts are, therefore, charged with protecting those benefits through the use 
3.8 	of specific performance and injunctive relief as provided herein and in the lease and 
3.9 	use agreements.
3.10 		Subd. 2.Location. The ballpark must be located in the city of Minneapolis at a 
3.11 	site within the development area.
3.12 		Subd. 3.Definitions. As used in this act, the following terms have the meanings 
3.13 	given in this subdivision:
3.14 	(a) "Authority" means the Minnesota Ballpark Authority established under section 4.
3.15 	(b) "Ballpark" means the stadium suitable for major league baseball to be constructed 
3.16 	and financed under this act.
3.17 	(c) "Ballpark costs" means, unless the context otherwise indicates, the cost of 
3.18 	designing, constructing, and equipping a ballpark suitable for major league baseball. 
3.19 	"Ballpark cost" excludes the cost of land acquisition, site improvements, utilities, site 
3.20 	demolition, environmental remediation, railroad crash wall, site furnishings, landscaping, 
3.21 	railroad right-of-way development, district energy, site graphics and artwork and other 
3.22 	site improvements identified by the authority, public infrastructure, capital improvement 
3.23 	reserves, bond reserves, capitalized interest, and financing costs.
3.24 	(d) "County" means Hennepin County.
3.25 	(e) "Development area" means the area in the city of Minneapolis bounded 
3.26 	by marked Interstate Highway 394, vacated Holden Street, the Burlington Northern 
3.27 	right-of-way, Seventh Street North, Sixth Avenue North, and Fifth Street North.
3.28 	(f) "Public infrastructure" means all property, facilities, and improvements 
3.29 	determined by the authority or the county to facilitate the development and use of 
3.30 	the ballpark, including but not limited to property and improvements for drainage, 
3.31 	environmental remediation, parking, roadways, walkways, skyways, pedestrian bridges, 
3.32 	bicycle paths, and transit improvements to facilitate public access to the ballpark, lighting, 
3.33 	landscaping, utilities, streets, and land acquired and prepared for private redevelopment in 
3.34 	a manner related to the use of the ballpark.
3.35 	(g) "Team" means the owner and operator of the baseball team currently known 
3.36 	as the Minnesota Twins.

4.1 	Sec. 4. MINNESOTA BALLPARK AUTHORITY.
 4.2 		Subdivision 1.Establishment. To achieve the purposes of this act, the Minnesota 
4.3 	Ballpark Authority is established as a public body, corporate and politic, and political 
4.4 	subdivision of the state.  The authority is not a joint powers entity or an agency or 
4.5 	instrumentality of the county.  The authority may acquire title to all land, air rights, and 
4.6 	other interests in real property needed for construction and operation of the ballpark 
4.7 	and related facilities.  The authority may enter into contracts for and take all actions 
4.8 	necessary or desirable to design, construct, furnish, equip, and provide for the operation, 
4.9 	maintenance, and improvement of the ballpark and related facilities, and has all powers 
4.10 	necessary or incidental to those actions.
4.11 		Subd. 2.Composition. (a) The Minnesota Ballpark Authority shall be governed 
4.12 	by a commission consisting of:
4.13 	(1) two members appointed by the governor;
4.14 	(2) two members, including the chair, appointed by the county board; and 
4.15 	(3) one member appointed by the governing body of the city of Minneapolis.
4.16 	(b) All members appointed under paragraph (a), clause (1), serve at the pleasure of 
4.17 	the governor.  All members appointed under paragraph (a), clause (2), serve at the pleasure 
4.18 	of the county board.  The member appointed under paragraph (a), clause (3), serves at the 
4.19 	pleasure of the governing body of the city of Minneapolis.
4.20 	(c) Compensation of members appointed under paragraph (a) is governed by 
4.21 	Minnesota Statutes, section 15.0575.
4.22 	(d) One member appointed under paragraph (a), clause (1), must be a resident of 
4.23 	a county other than Hennepin.  All other members appointed under paragraph (a) must 
4.24 	be residents of Hennepin County.
4.25 		Subd. 3.Chair. The chair shall preside at all meetings of the commission, if 
4.26 	present, and shall perform all other assigned duties and functions.  The commission may 
4.27 	appoint from among its members a vice-chair to act for the chair during the temporary 
4.28 	absence or disability of the chair.
4.29 		Subd. 4.Bylaws. The authority shall adopt bylaws to establish rules of procedure, 
4.30 	the powers and duties of its officers, and other matters relating to the governance of the 
4.31 	authority and the exercise of its powers.  The bylaws adopted under this subdivision shall 
4.32 	be similar in form and substance to bylaws adopted by the Metropolitan Sports Facilities 
4.33 	Commission pursuant to Minnesota Statutes, section 473.553.
4.34 		Subd. 5.Web site. The authority shall establish a Web site for purposes of providing 
4.35 	information to the public concerning all actions taken by the authority.  At a minimum, the 
4.36 	Web site must contain a current version of the authority's bylaws, notices of upcoming 
5.1 	meetings, minutes of the authority's meetings, and contact telephone and fax numbers for 
5.2 	public comments.

5.3 	Sec. 5. POWERS OF AUTHORITY.
 5.4 		Subdivision 1.Actions. The authority may sue and be sued. The authority is a 
5.5 	public body and the ballpark and public infrastructure are public improvements within the 
5.6 	meaning of Minnesota Statutes, chapter 562.  The authority is a municipality within the 
5.7 	meaning of Minnesota Statutes, chapter 466.
5.8 		Subd. 2.Acquisition of property. The authority may acquire from any public or 
5.9 	private entity by lease, purchase, gift, or devise all necessary right, title, and interest in and 
5.10 	to real or personal property deemed necessary to the purposes contemplated by this act.
5.11 		Subd. 3.Property tax exemption; special assessments. Any real or personal 
5.12 	property acquired, owned, leased, controlled, used, or occupied by the authority or county 
5.13 	for any of the purposes of this act is declared to be acquired, owned, leased, controlled, 
5.14 	used, and occupied for public, governmental, and municipal purposes, and is exempt from 
5.15 	ad valorem taxation by the state or any political subdivision of the state; provided that the 
5.16 	properties are subject to special assessments levied by a political subdivision for a local 
5.17 	improvement in amounts proportionate to and not exceeding the special benefit received 
5.18 	by the properties from the improvement.  No possible use of any of the properties in any 
5.19 	manner different from their use under this act at the time may be considered in determining 
5.20 	the special benefit received by the properties.  Notwithstanding Minnesota Statutes, section 
5.21 	272.01, subdivision 2, or section 273.19, real or personal property leased by the authority 
5.22 	or county to another person for uses related to the purposes of this act, including the 
5.23 	operation of the ballpark and related parking facilities, is exempt from taxation regardless 
5.24 	of the length of the lease.  This subdivision, insofar as it provides an exemption or special 
5.25 	treatment, does not apply to any real property that is leased for residential, business, or 
5.26 	commercial development or other purposes different from those contemplated in this act.
5.27 		Subd. 4.Data practices; open meetings. Except as otherwise provided in this act, 
5.28 	the authority is subject to Minnesota Statutes, chapters 13 and 13D.
5.29 		Subd. 5.Facility operation. The authority may equip, improve, operate, manage, 
5.30 	maintain, and control the ballpark and related facilities constructed, remodeled, or 
5.31 	acquired under this act, subject to the rights and obligations transferred to and assumed by 
5.32 	the team or other user under the terms of a lease or use agreement.
5.33 		Subd. 6.Disposition of property. The authority may sell, lease, or otherwise 
5.34 	dispose of any real or personal property acquired by it that is no longer required for 
5.35 	accomplishment of its purposes.  The property may be sold in accordance with the 
6.1 	procedures provided by Minnesota Statutes, section 469.065, except subdivisions 6 and 7, 
6.2 	to the extent the authority deems to be practical and consistent with this act. Title to the 
6.3 	ballpark shall not otherwise be transferred or sold without approval by the legislature.
6.4 		Subd. 7.Employees; contracts for services. The authority may employ persons 
6.5 	and contract for services necessary to carry out its functions, including the utilization of 
6.6 	employees and consultants retained by other governmental entities.  The authority may 
6.7 	employ on the terms it deems advisable persons or firms to provide peace officers to direct 
6.8 	traffic on property under the control of the authority and on the city streets in the general 
6.9 	area of the property controlled by the authority.
6.10 		Subd. 8.Gifts and grants. The authority may accept monetary contributions, 
6.11 	property, services, and grants or loans of money or other property from the United States, 
6.12 	the state, any subdivision of the state, any agency of those entities, or any person for any 
6.13 	of its purposes, and may enter into any agreement required in connection with them.  The 
6.14 	authority shall hold, use, and dispose of the money, property, or services according to the 
6.15 	terms of the monetary contributions, grant, loan, or agreement.
6.16 		Subd. 9.Research. The authority may conduct research studies and programs; 
6.17 	collect and analyze data; prepare reports, maps, charts, and tables; and conduct all 
6.18 	necessary hearings and investigations in connection with its functions.
6.19 		Subd. 10.Use agreements. The authority may lease, license, or enter into use 
6.20 	agreements and may fix, alter, charge, and collect rentals, fees, and charges for the use, 
6.21 	occupation, and availability of part or all of any premises, property, or facilities under 
6.22 	its ownership, operation, or control for purposes that will provide athletic, educational, 
6.23 	cultural, commercial, or other entertainment, instruction, or activity for the citizens of 
6.24 	Minnesota and visitors.  Any such use agreement may provide that the other contracting 
6.25 	party has exclusive use of the premises at the times agreed upon, as well as the right to 
6.26 	retain all revenues from ticket sales, suite licenses, concessions, advertising, naming 
6.27 	rights, and other revenues derived from the ballpark.  The lease or use agreement with a 
6.28 	team shall provide for the payment by the team of operating and maintenance costs and 
6.29 	expenses and provide other terms the authority and team agree to.
6.30 		Subd. 11.Insurance. The authority may require any employee to obtain and 
6.31 	file with it an individual bond or fidelity insurance policy.  It may procure insurance in 
6.32 	the amounts it considers necessary against liability of the authority or its officers and 
6.33 	employees for personal injury or death and property damage or destruction, consistent 
6.34 	with Minnesota Statutes, chapter 466, and against risks of damage to or destruction of any 
6.35 	of its facilities, equipment, or other property.
7.1 		Subd. 12.Exemption from council review; business subsidy act. The acquisition 
7.2 	and betterment of a ballpark by the authority must be conducted pursuant to this act and 
7.3 	are not subject to Minnesota Statutes, sections 473.165 and 473.173. Minnesota Statutes, 
7.4 	section 116J.994, does not apply to any transactions of the county, the authority, or other 
7.5 	governmental entity related to the ballpark or public infrastructure, or to any tenant or 
7.6 	other users of them.
7.7 		Subd. 13.Local government action; environmental review.  Local governmental 
7.8 	units shall take action promptly and within project design and construction timetables on 
7.9 	applications for building permits and certificates of occupancy.  The county shall be the 
7.10 	responsible governmental unit for any environmental impact statement prepared under 
7.11 	Minnesota Statutes, section 116D.04.  Governmental units granted authority under this act 
7.12 	may make decisions and take actions to acquire land, obtain financing, and impose the tax 
7.13 	under section 7, prior to completion of environmental review.
7.14 		Subd. 14.Contracts. The authority may enter into a development agreement with 
7.15 	the team, the county, or any other entity relating to the construction, financing, and 
7.16 	use of the ballpark and related facilities and public infrastructure.  The authority may 
7.17 	contract for materials, supplies, and equipment in accordance with Minnesota Statutes, 
7.18 	section 471.345, except that the authority, with the consent of the county, may employ 
7.19 	or contract with persons, firms, or corporations to perform one or more or all of the 
7.20 	functions of architect, engineer, or construction manager with respect to all or any part of 
7.21 	the ballpark and public infrastructure.  Alternatively, at the request of the team and with 
7.22 	the consent of the county, the authority shall authorize the team to provide for the design 
7.23 	and construction of the ballpark, subject to terms of this act.  The construction manager 
7.24 	may enter into contracts with contractors for labor, materials, supplies, and equipment 
7.25 	for the construction of the ballpark through the process of public bidding, except that the 
7.26 	construction manager may, with the consent of the authority or the team:
7.27 	(1) narrow the listing of eligible bidders to those which the construction manager 
7.28 	determines to possess sufficient expertise to perform the intended functions;
7.29 	(2) award contracts to the contractors that the construction manager determines 
7.30 	provide the best value, which are not required to be the lowest responsible bidder; and 
7.31 	(3) for work the construction manager determines to be critical to the completion 
7.32 	schedule, award contracts on the basis of competitive proposals or perform work with 
7.33 	its own forces without soliciting competitive bids if the construction manager provides 
7.34 	evidence of competitive pricing.
7.35 	The authority may require that the construction manager shall certify, before the contract 
7.36 	is finally signed, a certified, fixed, and stipulated construction price and completion date 
8.1 	to the authority and shall post a bond in an amount at least equal to 100 percent of the 
8.2 	certified price, to cover any costs, which may be incurred in excess of the certified price, 
8.3 	including but not limited to costs incurred by the authority or loss of revenues resulting 
8.4 	from incomplete construction on the completion date.  The authority may secure surety 
8.5 	bonds as provided in Minnesota Statutes, section 574.26, securing payment of just claims 
8.6 	in connection with all public work undertaken by it. Persons entitled to the protection 
8.7 	of the bonds may enforce them as provided in Minnesota Statutes, sections 574.28 to 
8.8 	574.32, and shall not be entitled to a lien on any property of the authority under the 
8.9 	provisions of Minnesota Statutes, sections 514.01 to 514.16. Contracts for construction 
8.10 	and operation of the ballpark must include programs to provide for participation by small, 
8.11 	local, women, and minority businesses, and the inclusion of women and people of color 
8.12 	in the workforces of contractors and ballpark operators.
8.13 		Subd. 15.Zoning and planning. It is hereby found and declared that the 
8.14 	construction of a ballpark within the development area is consistent with the adopted 
8.15 	area plan, is the preferred ballpark location, and is a permitted land use. Local units of 
8.16 	government may not impose restrictions or conditions on ballpark and public infrastructure 
8.17 	land use approvals except those which are based on reasonable land use grounds and 
8.18 	criteria which are within their jurisdiction to apply. This subdivision applies to establish a 
8.19 	procedure for all land use reviews and approvals by local governments for the ballpark 
8.20 	and related public infrastructure and supersedes all land use rules and restrictions and 
8.21 	procedures imposed by other law, charter, or ordinance. Minnesota Statutes, section 15.99, 
8.22 	subdivision 3, paragraphs (f) and (g), shall not apply. Within 60 days of enactment, the city 
8.23 	of Minneapolis and the county shall establish a ballpark implementation committee with 
8.24 	equal representation from the city of Minneapolis and county to make recommendations 
8.25 	on street vacation, parking, roadways, walkways, skyways, pedestrian bridges, bicycle 
8.26 	paths, transit improvements to facilitate public street access to the ballpark, and integration 
8.27 	into the transportation plan for downtown and the region, lighting, landscaping, utilities, 
8.28 	streets, drainage, environmental remediation, and land acquired and prepared for private 
8.29 	redevelopment in a manner related to the use of the ballpark. The recommendations of 
8.30 	the committee shall be forwarded to the city of Minneapolis Planning Commission for an 
8.31 	advisory recommendation and then to the city council for action in a single resolution.

8.32 	Sec. 6. CRITERIA AND CONDITIONS.
 8.33 		Subdivision 1.Binding and enforceable. In developing the ballpark and entering 
8.34 	into related contracts, the authority must follow and enforce the criteria and conditions in 
9.1 	subdivisions 2 to 14, provided that a determination by the authority that those criteria or 
9.2 	conditions have been met under any agreement or otherwise shall be conclusive.
9.3 		Subd. 2.Team contributions. The team must agree to contribute $125,000,000 
9.4 	toward ballpark costs, less a proportionate share of any amount by which actual ballpark 
9.5 	costs may be less than a budgeted amount of $360,000,000.  The team contributions 
9.6 	must be funded in cash during the construction period.  In addition to any other team 
9.7 	contribution, the team must agree to assume and pay when due all cost overruns for the 
9.8 	ballpark costs that exceed the budget, excluding land, site improvements, and public 
9.9 	infrastructure.
9.10 		Subd. 3.Reserve for capital improvements. The authority shall require that 
9.11 	a reserve fund for capital improvements to the stadium be established and funded with 
9.12 	annual team payments of $600,000 and annual payments from other sources of $1,400,000, 
9.13 	which annual payments shall increase according to an inflation index determined by the 
9.14 	authority.  The authority may accept contributions from the county or other source for the 
9.15 	portion of the funding not required to be provided by the team.
9.16 		Subd. 4.Lease or use agreements. The authority and team must agree to a 
9.17 	long-term lease or use agreement with the team for its use of the ballpark.  The team 
9.18 	must agree to play all regularly scheduled and postseason home games at the ballpark. 
9.19 	Preseason games may also be scheduled and played at the ballpark.  The lease or use 
9.20 	agreement must be for a term of at least 30 years from the date of ballpark completion. 
9.21 	The lease or use agreement must include terms for default, termination, and breach of the 
9.22 	agreement.  Recognizing that the presence of major league baseball provides to Hennepin 
9.23 	County, the state of Minnesota, and its citizens highly valued, intangible benefits that 
9.24 	are virtually impossible to quantify and, therefore, not recoverable in the event of a 
9.25 	team owner's breach of contract, the lease and use agreements must provide for specific 
9.26 	performance and injunctive relief to enforce provisions relating to use of the ballpark for 
9.27 	major league baseball and must not include escape clauses or buyout provisions.
9.28 		Subd. 5.Notice requirement for certain events. Until 30 years from the date 
9.29 	of ballpark completion, the team must provide written notice to the authority not less 
9.30 	than 90 days prior to any action, including any action imposed upon the team by Major 
9.31 	League Baseball, which would result in a breach or default of provisions of the lease 
9.32 	or use agreements required to be included under subdivision 4.  If this notice provision 
9.33 	is violated and the team has already breached or been in default under the required 
9.34 	provisions, the authority, the county, or the state of Minnesota is authorized to specifically 
9.35 	enforce the lease or use agreement, and Minnesota courts are authorized and directed to 
10.1 	fashion equitable remedies so that the team may fulfill the conditions of the lease and use 
10.2 	agreements, including, but not limited to, remedies against Major League Baseball.
10.3 		Subd. 6.Enforceable financial commitments. The authority must determine before 
10.4 	ballpark construction begins that all public and private funding sources for construction 
10.5 	and operation of the ballpark are included in written agreements. The committed funds 
10.6 	must be adequate to design, construct, furnish, and equip the ballpark.
10.7 		Subd. 7.Community ownership option. (a) The lease or use agreement for the 
10.8 	baseball facility must provide that if the owner of the baseball franchise seeks to sell the 
10.9 	franchise during the term of the agreement, the franchise must first be offered for sale to 
10.10 	the entity formed in compliance with paragraph (b) on the same terms offered to any other 
10.11 	entity. The offer to sell the franchise to this entity must remain open for at least one 
10.12 	year. The amounts that would otherwise be returned to the public under subdivision 9 
10.13 	may be used by an entity created under paragraph (b) to offset the cost of acquiring the 
10.14 	baseball franchise.
10.15 	(b) The governor and the authority must attempt to facilitate the formation of 
10.16 	a corporation to acquire the baseball franchise and to identify an individual private 
10.17 	managing owner of the corporation. The corporation formed to acquire the franchise shall 
10.18 	have a capital structure in compliance with all of the following provisions:
10.19 	(1) there may be two classes of capital stock: common stock and preferred stock. 
10.20 	Both classes of stock must give holders voting rights with respect to any relocation 
10.21 	or contraction of the franchise;
10.22 	(2) the private managing owner must own no less than 25 percent and no more than 
10.23 	35 percent of the common stock. For purposes of this restriction, shares of common stock 
10.24 	owned by the private managing owner include shares of commons stock owned by any 
10.25 	related taxpayer as defined in section 1313(c) of the Internal Revenue Code of 1986, as 
10.26 	amended. Other than the rights of all other holders of common stock and preferred stock 
10.27 	with respect to relocation of the franchise or voluntary contraction, the private managing 
10.28 	owner must control all aspects of the operation of the corporation;
10.29 	(3) other than the private managing owner, no individual or entity may own more 
10.30 	than five percent of the common stock of the corporation;
10.31 	(4) at least 50 percent of the ownership of the common stock must be sold to 
10.32 	members of the general public in a general solicitation and no person or entity must own 
10.33 	more than one percent of common stock of the corporation; and
10.34 	(5) the articles of incorporation, bylaws, and other governing documents must 
10.35 	provide that the franchise may not move outside of the state or agree to voluntary 
10.36 	contraction without approval of at least 75 percent of the shares of common stock and at 
11.1 	least 75 percent of the shares of preferred stock. Notwithstanding any law to the contrary, 
11.2 	these 75 percent approval requirements shall not be amended by the shareholders or 
11.3 	by any other means.
11.4 	(c) Except as specifically provided by this act, no state agency may spend money 
11.5 	from any state fund for the purpose of generating revenue under this subdivision or for the 
11.6 	purpose of providing operating support or defraying operating losses of a professional 
11.7 	baseball franchise.
11.8 		Subd. 8.Environmental requirements. The authority must comply with all 
11.9 	environmental requirements imposed by regulatory agencies for the ballpark, site, and 
11.10 	structure. The authority must ensure that the ballpark receives Leadership in Energy and 
11.11 	Environmental Design (LEED) certification for environmental design, and to the extent 
11.12 	practicable, that the ballpark design is architecturally significant.
11.13 		Subd. 9.Public share upon sale of team. The lease or use agreement must provide 
11.14 	that, if the team is sold after the effective date of this act, a portion of the sale price must 
11.15 	be paid to the authority and deposited in a reserve fund for improvements to the ballpark 
11.16 	or expended as the authority may otherwise direct.  The portion required to be so paid to 
11.17 	the authority is 75 percent of the increased value of the team.
11.18 		Subd. 10.Access to books and records. The authority must seek a provision in 
11.19 	the lease or use agreement that provides the authority access to annual audited financial 
11.20 	statements of the team and other financial books and records that the authority deems 
11.21 	necessary to determine compliance by the team with this act and to enforce the terms 
11.22 	of any lease or use agreements entered into under this act.  Any financial information 
11.23 	obtained by the authority under this subdivision is nonpublic data under Minnesota 
11.24 	Statutes, section 13.02, subdivision 9.
11.25 		Subd. 11.Affordable access. To the extent determined by the authority or required 
11.26 	by a grant agreement, any lease or use agreement must provide for affordable access to the 
11.27 	professional sporting events held in the ballpark.
11.28 		Subd. 12.No strikes; lockouts. The authority must use its best efforts to negotiate a 
11.29 	public sector project labor agreement or other agreement to prevent strikes and lockouts 
11.30 	that would halt, delay, or impede construction of the ballpark and related facilities.
11.31 		Subd. 13.Youth and amateur sports. The lease or use agreement must require that 
11.32 	the team provide or cause to be provided $250,000 annually for the term of the agreement 
11.33 	for youth activities and amateur sports without reducing the amounts otherwise normally 
11.34 	provided for and on behalf of the team for those purposes.  The amount shall increase 
11.35 	according to an inflation factor not to exceed 2.5 percent annually and may be subject to a 
11.36 	condition that the county fund grants for similar purposes as authorized by this act.
12.1 		Subd. 14.Name retention. The lease or use agreement must provide that the 
12.2 	team and league will transfer to the state of Minnesota the Minnesota Twins' heritage 
12.3 	and records, including the name, logo, colors, history, playing records, trophies and 
12.4 	memorabilia in the event of any dissolution or relocation of the Twins franchise.
12.5 		Subd. 15.Sustainable building guidelines. The construction process used for a 
12.6 	ballpark constructed under this act must, to the extent feasible, follow sustainable building 
12.7 	guidelines established under section 16B.325.
12.8 		Subd. 16.American steel. The authority must ensure that a ballpark constructed 
12.9 	under this act be, to the greatest extent practicable, constructed of American-made steel.

12.10 	Sec. 7. COUNTY ACTIVITIES; BONDS; TAXES.
 12.11 		Subdivision 1.Activities; contracts. (a) The county may authorize, by resolution, 
12.12 	and make one or more grants to the authority for ballpark development and construction, 
12.13 	public infrastructure, reserves for capital improvements, operating expenses, and other 
12.14 	purposes related to the ballpark on the terms and conditions agreed to by the county and 
12.15 	the authority.
12.16 	(b) To the extent funds are available from collections of the tax authorized by 
12.17 	subdivision 3 after payment each year of debt service on the bonds authorized and issued 
12.18 	under subdivision 2 and payments for the purposes described in paragraph (a), the county 
12.19 	may also:
12.20 	(1) authorize by resolution and expend or make grants to the authority and to 
12.21 	other governmental units and nonprofit organizations in an aggregate amount of up to 
12.22 	$2,000,000 annually for youth activities and amateur sports; and 
12.23 	(2) authorize by resolution expenditure of up to $2,000,000 annually to pay the cost 
12.24 	of extending the hours of operation of county libraries and Minneapolis public libraries.
12.25 	The maximum amounts of the expenditures under clause (1) may be increased by up 
12.26 	to 2.5 percent per year after the first year of the expenditure for that purpose.
12.27 	(c) The amount that the county may grant or expend for ballpark costs shall not 
12.28 	exceed $235,000,000.  The amount of any grant for capital improvement reserves shall not 
12.29 	exceed $1,400,000 annually, subject to annual increases according to an inflation index 
12.30 	acceptable to the county.  This act does not limit the amount of grants or expenditures 
12.31 	for land, site improvements, and public infrastructure.  Such agreements are valid and 
12.32 	enforceable notwithstanding that they involve payments in future years and they do not 
12.33 	constitute a debt of the county within the meaning of any constitutional or statutory 
12.34 	limitation or for which a referendum is required.  The county may acquire land, air rights, 
12.35 	and other property interests within the development area for the ballpark site and public 
13.1 	infrastructure and convey it to the authority with or without consideration, prepare a site 
13.2 	for development as a ballpark, and acquire and construct any related public infrastructure. 
13.3 	The county may review and approve ballpark designs, plans, and specifications to the 
13.4 	extent provided in a grant agreement and in order to ensure that the public purposes of the 
13.5 	grant are carried out.  Public infrastructure designs must optimize area transit and bicycle 
13.6 	opportunities, including connections to planned or existing trails and transportation 
13.7 	corridors, including Central, Hiawatha, I-394, Northstar, Northwest, Red Rock, Rush 
13.8 	Line, and Southwest.  The county may enforce the provisions of any grant agreement by 
13.9 	specific performance.  Except to require compliance with the conditions of the grant, the 
13.10 	county has no interest in or claim to any assets or revenues of the authority.  The county 
13.11 	may initiate an environmental impact statement as the responsible governmental unit 
13.12 	under Minnesota Statutes, section 116D.04, and conduct other studies and tests necessary 
13.13 	to evaluate the suitability of the ballpark site.  The county has all powers necessary or 
13.14 	convenient for those purposes and may enter into any contract for those purposes.  The 
13.15 	county may reimburse a local governmental entity within its jurisdiction or make a 
13.16 	grant to such a governmental unit for site acquisition, preparation of the site for ballpark 
13.17 	development, and public infrastructure.  Amounts expended by a local governmental unit 
13.18 	with the proceeds of a grant or in expectation of reimbursement by the county shall not be 
13.19 	deemed an expenditure or other use of local governmental resources by the governmental 
13.20 	unit within the meaning of any law or charter limitation.  Exercise by the county of its 
13.21 	powers under this section shall not affect the amounts that the county is otherwise eligible 
13.22 	to spend, tax, or receive under any law.
13.23 	(d) It is the intent of the legislature that, except as expressly limited herein, the 
13.24 	county has the authority to acquire and develop a site for the ballpark, to enter into 
13.25 	contracts with the authority and other governmental entities, to appropriate funds, and 
13.26 	to make employees, consultants, and other revenues available for those purposes. 
13.27 	The county may exercise for those purposes all the powers of a city, a housing and 
13.28 	redevelopment authority, a port authority, a community development agency, and an 
13.29 	economic development authority notwithstanding any limitations on the powers of those 
13.30 	entities with respect to the development of sports facilities buildings designed or used 
13.31 	primarily for professional sports.
13.32 		Subd. 2.County revenue bonds. The county may, by resolution, authorize, sell, 
13.33 	and issue revenue bonds to provide funds to make a grant to the authority and to finance 
13.34 	all or a portion of the costs of site acquisition, site improvements and other activities 
13.35 	necessary to prepare a site for development of a stadium, and to acquire and construct 
13.36 	any related parking facilities and other public infrastructure.  The county may also, by 
14.1 	resolution, issue bonds to refund the bonds issued pursuant to this section.  The bonds must 
14.2 	be limited obligations, payable solely from or secured by taxes levied under subdivision 3, 
14.3 	and any other revenues to become available under this act.  The bonds may be issued in 
14.4 	one or more series and sold without an election.  The bonds shall be sold in the manner 
14.5 	provided by Minnesota Statutes, section 475.60.  The bonds shall be secured, bear 
14.6 	the interest rate or rates or a variable rate, have the rank or priority, be executed in the 
14.7 	manner, be payable in the manner, mature, and be subject to the defaults, redemptions, 
14.8 	repurchases, tender options, or other terms, as the county may determine.  The county may 
14.9 	enter into and perform all contracts deemed necessary or desirable by it to issue and 
14.10 	secure the bonds, including an indenture of trust with a trustee within or without the state. 
14.11 	The debt represented by the bonds shall not be included in computing any debt limitation 
14.12 	applicable to the county.  Subject to this subdivision, the bonds must be issued and sold in 
14.13 	the manner provided in Minnesota Statutes, chapter 475.  The bonds shall recite that they 
14.14 	are issued under this act and the recital shall be conclusive as to the validity of the bonds 
14.15 	and the imposition and pledge of the taxes levied for their payment.  In anticipation of the 
14.16 	issuance of the bonds authorized under this subdivision and the collection of taxes levied 
14.17 	under subdivision 3, the county may provide funds for the purposes authorized by this act 
14.18 	through interfund loans from other available funds of the county.
14.19 		Subd. 3.Sales and use tax. (a) Notwithstanding Minnesota Statutes, section 
14.20 	477A.016, or any other law, the governing body of the county may, by ordinance, impose 
14.21 	an additional sales tax at a rate not to exceed 0.15 percent on sales taxable under Minnesota 
14.22 	Statutes, chapter 297A, that occur within the county, and may also, by ordinance, impose a 
14.23 	compensating use tax at a rate not to exceed 0.15 percent on uses of property within the 
14.24 	county, the sale of which would be subject to the additional sales tax but for the fact that 
14.25 	the property was sold outside the county.
14.26 	(b) Voter approval is not required for imposition of the taxes authorized by paragraph 
14.27 	(a). The tax authorized under this act and the manner by which it is imposed are exempt 
14.28 	from Minnesota Statutes, section 297A.99, subdivisions 2 and 3.
14.29 	(c) The tax must be dedicated to the purposes described in this act and terminates 
14.30 	upon payment or provision for payment of all bonds issued under subdivision 2 and 
14.31 	the payment or provision for payment of all obligations of the county under any grant 
14.32 	agreements or funding commitments entered into pursuant to this act.
14.33 	(d) To the extent not inconsistent with this act, the provisions of Minnesota Statutes, 
14.34 	sections 297A.95; 297A.96; 297A.98; and 297A.99, subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 
14.35 	and 12, apply to the tax.
15.1 	(e) The tax shall not be included in determining the amount of sales tax that may be 
15.2 	imposed on lodging in the city of Minneapolis for purposes of the limitation contained 
15.3 	in Laws 1986, chapter 396, section 5, or in determining the amount of tax that may be 
15.4 	imposed under any other limitation.
15.5 	(f) In the event of any amendment to Minnesota Statutes, chapter 297A, enacted 
15.6 	subsequent to the effective date of this act that exempts sales or uses that were taxable 
15.7 	under Minnesota Statutes, chapter 297A, on the effective date of this act, the county may, 
15.8 	by ordinance, adjust the tax rate authorized in this section, provided that the governing 
15.9 	body shall have determined that such adjustment is necessary to provide revenues for 
15.10 	the uses to which taxes may be applied under this section and further provided that, 
15.11 	in the estimation of the governing body, the aggregate annual collections following 
15.12 	such adjustment will not exceed the aggregate annual collections that would have been 
15.13 	generated if Minnesota Statutes, chapter 297A, as in effect on the effective date of this act, 
15.14 	were then in effect. Any bonds issued in accordance with this act may, with the consent 
15.15 	of the governing body, contain a covenant that the tax will be so adjusted to the extent 
15.16 	necessary to pay principal and interest on the bonds when due.
15.17 		Subd. 4.Uses of taxes. Revenues received from the tax imposed under subdivision 
15.18 	3 may be used:
15.19 	(1) to pay costs of collection;
15.20 	(2) to pay or secure the payment of any principal of, premium, or interest on bonds 
15.21 	issued in accordance with this act;
15.22 	(3) to pay costs and make grants described in subdivision 1, including financing 
15.23 	costs related to them; and 
15.24 	(4) to maintain reserves for the foregoing purposes deemed reasonable and 
15.25 	appropriate by the county.
15.26 	After completion of the ballpark and public infrastructure, the tax revenues not 
15.27 	required for current payments of the expenditures described above shall be used to (i) 
15.28 	redeem or defease the bonds and (ii) prepay or establish a fund for payment of future 
15.29 	obligations under grants or other commitments for future expenditures which are permitted 
15.30 	by subdivision 1. Upon the redemption or defeasance of the bonds and the establishment 
15.31 	of reserves adequate to meet such future obligations, the tax shall terminate and shall 
15.32 	not be reimposed.

15.33 	Sec. 8. METROPOLITAN SPORTS FACILITIES COMMISSION.
 15.34 	The Metropolitan Sports Facilities Commission may authorize, by resolution, 
15.35 	technical, professional, or financial assistance for the development of the ballpark 
16.1 	upon such terms and conditions as the county and the Metropolitan Sports Facilities 
16.2 	Commission may agree, including reimbursement of financial assistance from the 
16.3 	proceeds of the bonds authorized in this chapter.

16.4 	Sec. 9. RAILROAD AUTHORITY CONVEYANCE.
 16.5 	At the request of the authority, the Hennepin County Regional Railroad Authority 
16.6 	shall convey land it owns within the development area that is not currently used for rail 
16.7 	purposes to the authority without charge for use in connection with the ballpark and 
16.8 	public infrastructure.

16.9 	Sec. 10. CITY REQUIREMENTS.
 16.10 		Subdivision 1.Third Avenue. At the request of the authority, the city of 
16.11 	Minneapolis shall vacate the portion of Third Avenue North from Seventh Street North to 
16.12 	the intersection of Third Avenue North and the on-ramp to marked Interstate Highway 394 
16.13 	without impeding on-ramp access.
16.14 		Subd. 2.Land conveyance. At the request of the authority, the city of Minneapolis 
16.15 	shall convey to the authority at fair market value all real property it owns that is located in 
16.16 	the development area and is not currently used for road, sidewalk, or utility purposes and 
16.17 	that the authority determines to be necessary for ballpark or public infrastructure purposes.
16.18 		Subd. 3.Liquor licenses. The city of Minneapolis shall issue intoxicating liquor 
16.19 	licenses that are reasonably requested for the premises of the ballpark.  These licenses 
16.20 	are in addition to the number authorized by law.  All provisions of Minnesota Statutes, 
16.21 	chapter 340A, not inconsistent with this section apply to the licenses authorized under 
16.22 	this subdivision.
16.23 		Subd. 4.Charter limitations. Actions taken by the city of Minneapolis under this 
16.24 	section shall not be deemed to be an expenditure or other use of city resources within the 
16.25 	meaning of any charter limitation.

16.26 	Sec. 11. LOCAL TAXES.
 16.27 	No local unit of government shall impose a new or additional tax on sales or uses 
16.28 	of any item that is not in effect for the ballpark site on the date of enactment of this act, 
16.29 	except taxes generally applicable throughout the jurisdiction.

16.30 	Sec. 12.  REPEALER.
 16.31 	Minnesota Statutes 2004, sections 473I.01; 473I.02; 473I.03; 473I.04; 473I.05; 
16.32 	473I.06; 473I.07; 473I.08; 473I.09; 473I.10; 473I.11; 473I.12; and 473I.13, are repealed.

17.1 	Sec. 13. EFFECTIVE DATES.
 17.2 	Sections 1 to 6 and 8 to 12 are effective the day following final enactment.  Section 7 
17.3 	is effective the day after the governing body of Hennepin County and its chief clerical 
17.4 	officer timely complete their compliance with Minnesota Statutes, section 645.021, 
17.5 	subdivisions 2 and 3.