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Office of the Revisor of Statutes

HF 1418

1st Unofficial Engrossment - 90th Legislature (2017 - 2018)

Posted on 05/17/2017 08:34 a.m.

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act 1.2relating to state government; providing for ongoing operations of the racing 1.3commission; clarifying certain prize provisions of the lottery; providing for certain 1.4budget and expenses of the State Lottery; providing standing appropriations; 1.5amending Minnesota Statutes 2016, sections 240.15, subdivision 6; 240.155, 1.6subdivision 1; 349A.08, subdivision 2; 349A.10, subdivision 6; proposing coding 1.7for new law in Minnesota Statutes, chapter 240; repealing Minnesota Statutes 1.82016, section 349A.08, subdivision 3. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10    Section 1. Minnesota Statutes 2016, section 240.15, subdivision 6, is amended to read: 1.11    Subd. 6. Disposition of proceeds; account. The commission shall distribute all money 1.12received under this section, and, except as provided otherwise by section 240.131, all money 1.13received from license feesnew text begin , regulatory fees,new text end and fines it collects, according to this subdivision. 1.14All money designated for deposit in the Minnesota breeders fund must be paid into that 1.15fund for distribution under section 240.18 except that all money generated by simulcasts 1.16must be distributed as provided in section 240.18, subdivisions 2, paragraph (d), clauses 1.17(1), (2), and (3); and 3. Revenue from an admissions tax imposed under subdivision 1 must 1.18be paid to the local unit of government at whose request it was imposed, at times and in a 1.19manner the commission determines. Taxes received under this section must be paid to the 1.20commissioner of management and budget for deposit in the general fund. All revenues from 1.21licenses and other fees imposed by the commission must be deposited in the state treasury 1.22and credited to a racing and card playing regulation account in the special revenue fund. 1.23Receipts in this account are available for the operations of the commission up to the amount 1.24authorized in biennial appropriations from the legislature.new text begin If a fiscal biennium ends without new text end 1.25new text begin the enactment of an appropriation to the commission for the following biennium, receipts new text end 2.1new text begin in this account are annually appropriated to the commission for the operations of the new text end 2.2new text begin commission up to the amount authorized in the second year of the most recently enacted new text end 2.3new text begin biennial appropriation, until a biennial appropriation is enacted.new text end 2.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 2.5    Sec. 2. Minnesota Statutes 2016, section 240.155, subdivision 1, is amended to read: 2.6    Subdivision 1. Reimbursement account credit. Money received by the commission as 2.7reimbursement for the costs of services provided by veterinarians, stewards, and medical 2.8testing of horsesnew text begin , and fees received by the commission in the form of fees for regulatory new text end 2.9new text begin servicesnew text end must be deposited in the state treasury and credited to a racing reimbursement 2.10accountnew text begin in the special revenue fundnew text end , except as provided under subdivision 2. Receipts are 2.11appropriatednew text begin , within the meaning of article XI, section 1, of the Minnesota Constitution,new text end to 2.12the commission to pay the costs of providing the servicesnew text begin and all other costs necessary to new text end 2.13new text begin allow the commission to fulfill its regulatory oversight duties required by chapter 240 and new text end 2.14new text begin commission rule. If the major appropriation bills needed to finance state government are new text end 2.15new text begin not enacted by the beginning of a fiscal biennium, the commission shall continue operations new text end 2.16new text begin as required by chapter 240 and commission rulenew text end . 2.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 2.18    Sec. 3. new text begin [240.1561] APPROPRIATION FOR FUNCTIONS SUPPORTING ONGOING new text end 2.19new text begin OPERATION OF THE RACING COMMISSION.new text end 2.20new text begin If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate new text end 2.21new text begin money for the next biennium to the commissioner of management and budget for central new text end 2.22new text begin accounting, procurement, payroll, and human resources functions, amounts necessary to new text end 2.23new text begin operate those functions associated with operation of the Racing Commission under chapter new text end 2.24new text begin 240 are appropriated for the next biennium from the general fund to the commissioner of new text end 2.25new text begin management and budget. As necessary, the commissioner may transfer a portion of this new text end 2.26new text begin appropriation to other state agencies to support carrying out these functions. Any subsequent new text end 2.27new text begin appropriation to the commissioner of management and budget for a biennium in which this new text end 2.28new text begin section has been applied shall supersede and replace the funding authorized in this section.new text end 2.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2018.new text end 2.30    Sec. 4. Minnesota Statutes 2016, section 349A.08, subdivision 2, is amended to read: 2.31    Subd. 2. Prizes not assignable. A prize in the state lottery is not assignable except as 2.32provided in subdivision 3 and except that: 3.1(1) if a prize winner dies before the prize is paid, the director shall pay the prize to the 3.2prize winner's estate; and 3.3(2) the director may pay a prize to a person other than the winner of that prize under an 3.4appropriate court order. 3.5    Sec. 5. Minnesota Statutes 2016, section 349A.10, subdivision 6, is amended to read: 3.6    Subd. 6. Budget; plans. new text begin (a) new text end The director shall prepare and submit a biennial budget plan 3.7to the commissioner of management and budget. The governor shall recommend the 3.8maximum amount available for the lottery in the budget the governor submits to the 3.9legislature under section 16A.11. The maximum amount available to the lottery for operating 3.10expenses and capital expenditures shall be determined by law.new text begin In addition, the director shall new text end 3.11new text begin appear at least once each fiscal year before the senate and house of representatives committees new text end 3.12new text begin having jurisdiction over gambling policy to present and explain the lottery's plans for future new text end 3.13new text begin games and the related advertising and promotions and spending plans for the next fiscal new text end 3.14new text begin year.new text end 3.15new text begin (b) For purposes of this section,new text end operating expenses shall not includenew text begin :new text end 3.16new text begin (1)new text end expenses that are a direct function of lottery sales, which include the cost of lottery 3.17prizes, amounts paid to lottery retailers as sales commissions or other compensation, amounts 3.18paid to produce and deliver scratch lottery games, and amounts paid to an outside vendor 3.19to operate and maintain an online gaming system. In addition, the director shall appear at 3.20least once each fiscal year before the senate and house of representatives committees having 3.21jurisdiction over gambling policy to present and explain the lottery's plans for future games 3.22and the related advertising and promotions and spending plans for the next fiscal year.new text begin ; andnew text end 3.23new text begin (2) expenses related solely to the noncash year-end adjustment required for government new text end 3.24new text begin agencies to adjust the net actuarially determined pension liability which includes deferred new text end 3.25new text begin inflows, deferred outflows, noncash pension expense, unrestricted net deficit, and net pension new text end 3.26new text begin liability, in accordance with Statement 68 of the Governmental Accounting Standards Board.new text end 3.27    Sec. 6. new text begin REPEALER.new text end 3.28new text begin Minnesota Statutes 2016, section 349A.08, subdivision 3,new text end new text begin is repealed.new text end