HF 778

3rd Unofficial Engrossment - 90th Legislature (2017 - 2018)

Posted on 04/27/2017 02:29 p.m.

1.1A bill for an act 1.2relating to the Minnesota Sports Facilities Authority; classifying data; providing 1.3for appointments; modifying duties; restricting the use of stadium space; requiring 1.4reports;amending Minnesota Statutes 2016, sections 13.55, subdivisions 1, 2; 1.543A.38, by adding a subdivision; 340A.404, subdivision 1; 352.01, subdivision 1.62a; 473.121, subdivision 5a; 473.164; 473.565, subdivision 1; 473.755, subdivision 1.74; 473.763, subdivision 2; 473J.03, by adding a subdivision; 473J.07, subdivisions 1.82, 3, 4, 7, 8, 9, by adding a subdivision; 473J.09, subdivision 13, by adding 1.9subdivisions; 473J.13, subdivision 3; 473J.25, subdivision 3; repealing Minnesota 1.10Statutes 2016, sections 137.50, subdivision 5; 473.551; 473.552; 473.553, 1.11subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 473.556, subdivisions 1, 2, 3, 1.124, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17; 473.561; 473.564, subdivisions 2, 3; 1.13473.572; 473.581; 473.592, subdivision 1; 473.595; 473.598; 473.599; 473.76; 1.14473J.09, subdivision 14. 1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16ARTICLE 1 1.17MINNESOTA SPORTS FACILITIES AUTHORITY REFORMS 1.18    Section 1. Minnesota Statutes 2016, section 13.55, subdivision 2, is amended to read: 1.19    Subd. 2. Public data. new text begin (a) new text end The data made not public by the provisions of subdivision 1 1.20shall become public upon the occurrence of any of the following: 1.21    (a) new text begin (1) new text end five years elapse from the date on which the lease or contract is entered into 1.22between the facility and the inquiring party or parties or the event which was the subject of 1.23inquiry occurs at the facility, whichever occurs earlier; 1.24    (b) new text begin (2) new text end the event which was the subject of inquiry does not occur; or 1.25    (c) new text begin (3) new text end the event which was the subject of inquiry occurs elsewhere. 2.1     new text begin (b) Data regarding persons receiving free or discounted admission, tickets, or other gifts new text end 2.2 new text begin from publicly owned and operated convention facilities, civic center authorities, or the new text end 2.3 new text begin Minnesota Sports Facilities Authority are public data unless the data are subject to the new text end 2.4 new text begin provisions of subdivision 1 or 4, paragraph (b). new text end 2.5    Sec. 2. Minnesota Statutes 2016, section 43A.38, is amended by adding a subdivision to 2.6read: 2.7     new text begin Subd. 10. new text end new text begin Publicly owned facilities. new text end new text begin This section applies to the members and employees new text end 2.8 new text begin of the public governing bodies responsible for management of publicly owned facilities, new text end 2.9 new text begin including sporting facilities, arenas, and performance venues. Personal use of the facility new text end 2.10 new text begin or a portion of the facility at no or reduced cost constitutes a "gift" under this section. new text end 2.11    Sec. 3. Minnesota Statutes 2016, section 473J.03, is amended by adding a subdivision to 2.12read: 2.13     new text begin Subd. 13. new text end new text begin Stadium space. new text end new text begin "Stadium space" means a seat, personal seat license, suite, new text end 2.14 new text begin club room, parking, or any other part of the stadium or license to access any part of the new text end 2.15 new text begin stadium that a member of the general public would have to pay to use or access. new text end 2.16    Sec. 4. Minnesota Statutes 2016, section 473J.07, subdivision 2, is amended to read: 2.17    Subd. 2. Membership. (a) The authority shall consist of five members. 2.18    (b) The chair and two new text begin Three new text end members shall be appointed by the governor new text begin and confirmed new text end 2.19 new text begin by the senate new text end . One member appointed by the governor shall serve until December 31 of the 2.20third year following appointment and one member shall serve until December 31 of the 2.21fourth year following appointment. Thereafter, members appointed by the governor shall 2.22serve four-year terms, beginning January 1. Each member serves until a successor is 2.23appointed and takes office new text begin unless removed by the appointing authority for cause. Cause for new text end 2.24 new text begin removal includes violation of the employee code of ethics in section 43A.38 new text end . The chair 2.25serves at the pleasure of the governor. 2.26    (c) The mayor of the city shall appoint new text begin and the senate shall confirm new text end two members to the 2.27authority. One member appointed by the mayor of the city shall serve until December 31 2.28of the third year following appointment and one member shall serve until December 31 of 2.29the fourth year following appointment. Thereafter, members appointed under this paragraph 2.30shall serve four-year terms beginning January 1. Each member serves until a successor is 2.31appointed and takes office new text begin unless removed by the appointing authority for cause. Cause for new text end 2.32 new text begin removal includes violation of the employee code of ethics in section 43A.38 new text end . Members 3.1appointed under this paragraph may reside within the city and may be appointed officials 3.2of a political subdivision. 3.3    (d) The initial members of the authority must be appointed not later than June 13, 2012. 3.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 3.5 new text begin applies to members appointed after April 1, 2017. If the senate adjourns the 2017 legislative new text end 3.6 new text begin session without confirming an appointee appointed after April 1, 2017, that appointee may new text end 3.7 new text begin serve until the senate denies confirmation of that appointee. new text end 3.8    Sec. 5. Minnesota Statutes 2016, section 473J.07, subdivision 3, is amended to read: 3.9    Subd. 3. Compensation. The authority may compensate its members, other than the 3.10chair, as provided in section 15.0575. The chair shall receive, unless otherwise provided by 3.11other law, a salary in an amount fixed by the authority, new text begin no more than half of the salary of new text end 3.12 new text begin the executive director of the authority new text end and shall be reimbursed for reasonable expenses to 3.13the same extent as a member. 3.14    Sec. 6. Minnesota Statutes 2016, section 473J.07, subdivision 4, is amended to read: 3.15    Subd. 4. Chair. The chair presides at all meetings of the authority, if present, and 3.16performs all other assigned duties and functions. new text begin The members of the authority shall new text end 3.17 new text begin biennially elect a chair from among its members. new text end The authority may appoint from among 3.18its members a vice-chair to act for the chair during the temporary absence or disability of 3.19the chair, and any other officers the authority determines are necessary or convenient. 3.20    Sec. 7. Minnesota Statutes 2016, section 473J.07, subdivision 7, is amended to read: 3.21    Subd. 7. Audit. The legislative auditor shall audit the books and accounts of the authority 3.22once each year or as often as the legislative auditor's funds and personnel permit. The 3.23authority shall pay the total cost of the audit pursuant to section 3.9741. new text begin The legislative new text end 3.24 new text begin auditor may conduct examinations of the authority's finances, budgets, expenditures, new text end 3.25 new text begin revenues, and its operation. The legislative auditor may periodically examine the authority's new text end 3.26 new text begin use of stadium space by the authority's members, staff, family, friends, charitable new text end 3.27 new text begin organizations, and vendors. new text end 3.28    Sec. 8. Minnesota Statutes 2016, section 473J.07, subdivision 8, is amended to read: 3.29    Subd. 8. Executive director; employees. The authority may appoint an executive director 3.30to serve as the chief executive officer of the authority. The executive director serves at the 3.31pleasure of the authority and receives compensation as determined by the authority new text begin but not new text end 4.1 new text begin to exceed 115 percent of the governor's salary new text end . The executive director may be responsible 4.2for the operation, management, and promotion of activities of the authority, as prescribed 4.3by the authority. The executive director has the powers necessarily incident to the 4.4performance of duties required and powers granted by the authority, but does not have 4.5authority to incur liability or make expenditures on behalf of the authority without general 4.6or specific directions by the authority, as shown by the bylaws or minutes of a meeting of 4.7the authority. The executive director is responsible for hiring, supervision, and dismissal 4.8of all other employees of the authority. new text begin The authority must conduct an annual employee new text end 4.9 new text begin evaluation of the executive director, which must be reviewed and approved by the entire new text end 4.10 new text begin board. new text end 4.11    Sec. 9. Minnesota Statutes 2016, section 473J.07, is amended by adding a subdivision to 4.12read: 4.13     new text begin Subd. 8a. new text end new text begin Budget; report. new text end new text begin After adoption, the authority shall submit its annual budget new text end 4.14 new text begin to the commissioner of management and budget and to the chairs and ranking minority new text end 4.15 new text begin members of the senate finance and house of representatives ways and means committees. new text end new text begin new text end 4.16    Sec. 10. Minnesota Statutes 2016, section 473J.07, subdivision 9, is amended to read: 4.17    Subd. 9. Web site. The authority shall establish a Web site for purposes of providing 4.18information to the public concerning all actions taken by the authority. At a minimum, the 4.19Web site must contain a current version of the authority's bylaws, notices of upcoming 4.20meetings, minutes of the authority's meetings, new text begin each annual budget, each use agreement, new text end 4.21 new text begin each management agreement, each sponsorship agreement, meeting minutes for all meetings, new text end 4.22 new text begin policies, and procedures, new text end and contact telephone, electronic mail, and facsimile numbers for 4.23public comments new text begin . This subdivision does not apply to information that is classified as not new text end 4.24 new text begin public data, as defined in section 13.02, subdivision 8a, under other law new text end . 4.25    Sec. 11. Minnesota Statutes 2016, section 473J.09, subdivision 13, is amended to read: 4.26    Subd. 13. Legislative report. The authority must report to the new text begin Legislative Commission new text end 4.27 new text begin on Minnesota Sports Facilities and the new text end chairs and ranking minority members of the legislative 4.28committees with jurisdiction over state government finance new text begin and to the senate Finance new text end 4.29 new text begin Committee and the house of representatives Ways and Means Committee new text end by January 15 of 4.30each year on the following: 4.31(1) any recommended increases in the rate or dollar amount of tax; 4.32(2) any recommended increases in the debt of the authority; 5.1(3) the overall work and role of the authority; 5.2(4) the authority's proposed operating and capital budgets; and 5.3(5) the authority's implementation of the operating and capital budgets. new text begin , including new text end 5.4 new text begin information on actual revenues and expenditures, events conducted, and all expected or new text end 5.5 new text begin unexpected maintenance and capital repair needs arising since the time of the last report; new text end 5.6 new text begin and new text end 5.7 new text begin (6) a listing of all stadium amenities under the control of the authority since the time of new text end 5.8 new text begin the last report, and how the amenities were used. new text end 5.9    Sec. 12. Minnesota Statutes 2016, section 473J.09, is amended by adding a subdivision 5.10to read: 5.11     new text begin Subd. 16. new text end new text begin Use of stadium space by authority members. new text end new text begin Authority members may not new text end 5.12 new text begin use stadium space unless the use is for a legitimate business purpose. Legitimate business new text end 5.13 new text begin purposes are: new text end new text begin new text end 5.14     new text begin (1) participating in a marketing effort arranged by the authority's marketing vendor; new text end 5.15     new text begin (2) conducting oversight of the operation of the stadium; or new text end 5.16     new text begin (3) making stadium space available to nonprofit charitable organizations to provide new text end 5.17 new text begin access to events at the stadium for people served by the charitable organization. new text end 5.18    Sec. 13. Minnesota Statutes 2016, section 473J.09, is amended by adding a subdivision 5.19to read: 5.20     new text begin Subd. 17. new text end new text begin Use of stadium space by staff members. new text end new text begin The executive director may not use new text end 5.21 new text begin stadium space unless the use is for a legitimate business purpose and is approved by a vote new text end 5.22 new text begin of the authority at a public meeting, and the legitimate business purpose is made a part of new text end 5.23 new text begin the public record. Stadium space may not be used by the authority's staff members, other new text end 5.24 new text begin than the executive director, unless the use is with the express written assignment of duties new text end 5.25 new text begin by the executive director. Staff may not receive free food or beverages and may not receive new text end 5.26 new text begin free parking unless necessary to complete the assigned duties. new text end 5.27    Sec. 14. Minnesota Statutes 2016, section 473J.09, is amended by adding a subdivision 5.28to read: 5.29     new text begin Subd. 18. new text end new text begin Use of stadium space by family and friends of authority members. new text end new text begin The new text end 5.30 new text begin authority or its members may not grant access to stadium space to family members or friends new text end 5.31 new text begin of the authority's members or staff unless the use is for a legitimate business purpose and new text end 6.1 new text begin is approved by a vote of the authority at a public meeting, and the legitimate business purpose new text end 6.2 new text begin is made a part of the public record. A legitimate business purpose under this subdivision new text end 6.3 new text begin means being a prospective user of the stadium. new text end 6.4    Sec. 15. Minnesota Statutes 2016, section 473J.09, is amended by adding a subdivision 6.5to read: 6.6     new text begin Subd. 19. new text end new text begin Use of stadium space by marketing vendor. new text end new text begin If the authority contracts with new text end 6.7 new text begin a vendor for services to market the stadium, the authority may extend to the marketing new text end 6.8 new text begin vendor complimentary access to stadium space for the purpose of marketing the stadium to new text end 6.9 new text begin prospective users of the stadium, provided the contract requires the vendor to report to the new text end 6.10 new text begin authority the following information within 30 days after each event at which the vendor has new text end 6.11 new text begin used stadium space: new text end 6.12     new text begin (1) the costs of use; new text end 6.13     new text begin (2) the identity of each adult attendee and their legitimate business purpose for attendance; new text end 6.14     new text begin (3) the date, time, and a general description of the stadium event at which the suite was new text end 6.15 new text begin used; and new text end 6.16     new text begin (4) the value and description of any food, parking, or other benefits provided to attendees. new text end 6.17     new text begin Data that the authority receives under this subdivision is public data unless otherwise new text end 6.18 new text begin classified by section 13.55. new text end 6.19    Sec. 16. Minnesota Statutes 2016, section 473J.09, is amended by adding a subdivision 6.20to read: 6.21     new text begin Subd. 21. new text end new text begin Report on stadium space use by authority members, staff, and vendors. new text end 6.22     new text begin The authority shall report the following information annually to the governor, the mayor of new text end 6.23 new text begin the city of Minneapolis, the chair of the Legislative Commission on Minnesota Sports new text end 6.24 new text begin Facilities, and the chairs and ranking minority members of the senate Finance Committee new text end 6.25 new text begin and the house of representatives Ways and Means Committee regarding use of stadium new text end 6.26 new text begin space by authority members, staff, family, friends, charitable organizations, and vendors or new text end 6.27 new text begin their guests: new text end 6.28     new text begin (1) the costs of use; new text end 6.29     new text begin (2) the identity of each adult attendee and their legitimate business purpose for attendance; new text end 6.30     new text begin (3) the date, time, and a general description of the stadium event at which the suite was new text end 6.31 new text begin used; and new text end 7.1     new text begin (4) the value and description of any food, parking, or other benefits provided to attendees. new text end 7.2    Sec. 17. Minnesota Statutes 2016, section 473J.09, is amended by adding a subdivision 7.3to read: 7.4     new text begin Subd. 22. new text end new text begin Open market purchase. new text end new text begin This section does not prohibit an authority member, new text end 7.5 new text begin staff member, friend, or family member of the authority or staff from attending events, new text end 7.6 new text begin renting rooms, or using suites at the stadium for which the person purchased a ticket, rented new text end 7.7 new text begin a room, or purchased a suite, on the open market through the same channels for the same new text end 7.8 new text begin prices as are available to the public. new text end 7.9    Sec. 18. Minnesota Statutes 2016, section 473J.09, is amended by adding a subdivision 7.10to read: 7.11     new text begin Subd. 23. new text end new text begin Code of conduct. new text end new text begin The authority shall adopt and comply with the latest version new text end 7.12 new text begin of the state code of conduct promulgated by Minnesota Management and Budget. For new text end 7.13 new text begin purposes of section 43A.38 as applied to the authority, an authority member or an authority new text end 7.14 new text begin staff member is an "employee of the executive branch"; use of or preferential access to new text end 7.15 new text begin stadium space by an authority member or by authority staff, unless permitted under this new text end 7.16 new text begin section, constitutes a "gift" under section 43A.38, subdivision 2; and constitutes "use of new text end 7.17 new text begin state property for the employee's private interest" under section 43A.48, subdivision 4. new text end 7.18    Sec. 19. new text begin LEGISLATIVE AUDITOR REVIEW OF MINNESOTA SPORTS new text end 7.19 new text begin FACILITIES AUTHORITY MANAGEMENT STRUCTURE. new text end 7.20 new text begin The legislative auditor is requested to conduct a review of the management structure of new text end 7.21 new text begin the Minnesota Sports Facilities Authority established in Minnesota Statutes, chapter 473J. new text end 7.22 new text begin The review is requested to prioritize consideration of the authority's leadership positions, new text end 7.23 new text begin including the necessity for the authority to be simultaneously led by a full-time executive new text end 7.24 new text begin director and a full-time chair. As appropriate, the review may include recommendations for new text end 7.25 new text begin legislation to improve the authority's management structure. The review must be submitted new text end 7.26 new text begin to the Legislative Commission on Minnesota Sports Facilities, and the chairs and ranking new text end 7.27 new text begin minority members of the legislative committees with jurisdiction over state government new text end 7.28 new text begin finance and to the chairs and ranking minority members of the senate Finance Committee new text end 7.29 new text begin and the house of representatives Ways and Means Committee, no later than January 15, new text end 7.30 new text begin 2018. new text end 8.1    Sec. 20. new text begin RECOVERY. new text end 8.2 new text begin The Minnesota Sports Facilities Authority must make every effort to recover the fair new text end 8.3 new text begin market value of any food, parking, tickets, and access to stadium suites provided to a person new text end 8.4 new text begin prior to January 1, 2017, if the provision of those benefits to the person was not in the public new text end 8.5 new text begin interest. The authority shall report on recovery efforts to the commissioner of management new text end 8.6 new text begin and budget and to the chairs and ranking minority members of the senate finance and house new text end 8.7 new text begin of representatives ways and means committees by May 31, 2017. Money recovered under new text end 8.8 new text begin this section is transferred by July 1, 2017, to the commissioner of management and budget new text end 8.9 new text begin for deposit in the general reserve account established under Minnesota Statutes, section new text end 8.10 new text begin 297E.021, subdivision 4. new text end 8.11    Sec. 21. new text begin TEMPORARY TRANSFER OF SUITE FOR USE BY NONPROFIT. new text end 8.12     new text begin The Minnesota Sports Facilities Authority must assign its rights to one stadium suite new text end 8.13 new text begin under the Stadium Use Agreement with the NFL team, as defined in Minnesota Statutes, new text end 8.14 new text begin section 473J.03, to a nonprofit charitable organization affiliated with and designated by the new text end 8.15 new text begin NFL team. This assignment must begin on the effective date of this act and must terminate new text end 8.16 new text begin on the day that a plan developed under section 22 for use of the suite is effective. new text end 8.17    Sec. 22. new text begin TRANSFER OF SUITE. new text end 8.18 new text begin The Legislative Commission on Minnesota Sports Facilities shall report to the chairs new text end 8.19 new text begin and ranking minority members of the committees in the house of representatives and the new text end 8.20 new text begin senate with jurisdiction over finance by February 1, 2018, with recommendations for the new text end 8.21 new text begin future use, sale, or transfer of one or both suites in the NFL stadium owned by the Minnesota new text end 8.22 new text begin Sports Facilities Authority. The report shall review the potential for an amendment to the new text end 8.23 new text begin use agreement with the primary tenant and shall discuss the potential revenue available new text end 8.24 new text begin from the sale or lease of one or both suites, and the potential of other means of benefiting new text end 8.25 new text begin the public, such as making the suites available for use by charitable organizations. In new text end 8.26 new text begin developing its recommendations, the commission shall consult with the legislative auditor, new text end 8.27 new text begin the Minnesota Sports Facilities Authority, the primary tenant of the stadium, the stadium new text end 8.28 new text begin marketing and management firm engaged by the authority, and the commissioner of new text end 8.29 new text begin management and budget. The report shall include any draft legislation necessary to implement new text end 8.30 new text begin the recommendations. new text end 8.31    Sec. 23. new text begin REPEALER. new text end 8.32 new text begin Minnesota Statutes 2016, section 473J.09, subdivision 14, new text end new text begin is repealed. new text end 9.1    Sec. 24. new text begin EFFECTIVE DATE. new text end 9.2     new text begin This act is effective the day following final enactment. The terms of all current members new text end 9.3 new text begin of the Minnesota Sports Facilities Authority terminate May 31, 2017. Appointing authorities new text end 9.4 new text begin must appoint new members of the authority by May 10, 2017, to serve terms beginning new text end 9.5 new text begin June 1, 2017. new text end 9.6ARTICLE 2 9.7METROPOLITAN SPORTS FACILITIES COMMISSION TECHNICAL CHANGES 9.8    Section 1. Minnesota Statutes 2016, section 13.55, subdivision 1, is amended to read: 9.9    Subdivision 1. Not public classification. The following data received, created, or 9.10maintained by or for publicly owned and operated convention facilities, civic center 9.11authorities, or the Metropolitan new text begin Minnesota new text end Sports Facilities Commission new text begin Authority new text end are 9.12classified as nonpublic data pursuant to section 13.02, subdivision 9; or private data on 9.13individuals pursuant to section 13.02, subdivision 12: 9.14(a) a letter or other documentation from any person who makes inquiry to or who is 9.15contacted by the facility regarding the availability of the facility for staging events; 9.16(b) identity of firms and corporations which contact the facility; 9.17(c) type of event which they wish to stage in the facility; 9.18(d) suggested terms of rentals; and 9.19(e) responses of authority staff to these inquiries. 9.20    Sec. 2. Minnesota Statutes 2016, section 340A.404, subdivision 1, is amended to read: 9.21    Subdivision 1. Cities. (a) A city may issue an on-sale intoxicating liquor license to the 9.22following establishments located within its jurisdiction: 9.23(1) hotels; 9.24(2) restaurants; 9.25(3) bowling centers; 9.26(4) clubs or congressionally chartered veterans organizations with the approval of the 9.27commissioner, provided that the organization has been in existence for at least three years 9.28and liquor sales will only be to members and bona fide guests, except that a club may permit 9.29the general public to participate in a wine tasting conducted at the club under section 9.30340A.419 ; 10.1(5) sports facilities, restaurants, clubs, or bars located on land owned or leased by the 10.2Minnesota Sports Facilities Authority; new text begin and new text end 10.3(6) sports facilities located on land owned by the Metropolitan Sports Commission; and 10.4(7) new text begin (6) new text end exclusive liquor stores. 10.5(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or 10.6an on-sale malt liquor license to a theater within the city, notwithstanding any law, local 10.7ordinance, or charter provision. A license issued under this paragraph authorizes sales on 10.8all days of the week to persons attending events at the theater. 10.9(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license, or 10.10an on-sale malt liquor license to a convention center within the city, notwithstanding any 10.11law, local ordinance, or charter provision. A license issued under this paragraph authorizes 10.12sales on all days of the week to persons attending events at the convention center. This 10.13paragraph does not apply to convention centers located in the seven-county metropolitan 10.14area. 10.15(d) A city may issue an on-sale wine license and an on-sale malt liquor license to a 10.16person who is the owner of a summer collegiate league baseball team, or to a person holding 10.17a concessions or management contract with the owner, for beverage sales at a ballpark or 10.18stadium located within the city for the purposes of summer collegiate league baseball games 10.19at the ballpark or stadium, notwithstanding any law, local ordinance, or charter provision. 10.20A license issued under this paragraph authorizes sales on all days of the week to persons 10.21attending baseball games at the ballpark or stadium. 10.22    Sec. 3. Minnesota Statutes 2016, section 352.01, subdivision 2a, is amended to read: 10.23    Subd. 2a. Included employees. (a) "State employee" includes: 10.24    (1) employees of the Minnesota Historical Society; 10.25    (2) employees of the State Horticultural Society; 10.26    (3) employees of the Minnesota Crop Improvement Association; 10.27    (4) employees of the adjutant general whose salaries are paid from federal funds and 10.28who are not covered by any federal civilian employees retirement system; 10.29    (5) employees of the Minnesota State Colleges and Universities who are employed under 10.30the university or college activities program; 11.1    (6) currently contributing employees covered by the system who are temporarily 11.2employed by the legislature during a legislative session or any currently contributing 11.3employee employed for any special service as defined in subdivision 2b, clause (6); 11.4    (7) employees of the legislature who are appointed without a limit on the duration of 11.5their employment; 11.6    (8) trainees who are employed on a full-time established training program performing 11.7the duties of the classified position for which they will be eligible to receive immediate 11.8appointment at the completion of the training period; 11.9    (9) employees of the Minnesota Safety Council; 11.10    (10) any employees who are on authorized leave of absence from the Transit Operating 11.11Division of the former Metropolitan Transit Commission and who are employed by the 11.12labor organization which is the exclusive bargaining agent representing employees of the 11.13Transit Operating Division; 11.14    (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space 11.15Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito Control 11.16Commission unless excluded under subdivision 2b or are covered by another public pension 11.17fund or plan under section 473.415, subdivision 3; 11.18    (12) judges of the Tax Court; 11.19    (13) personnel who were employed on June 30, 1992, by the University of Minnesota 11.20in the management, operation, or maintenance of its heating plant facilities, whose 11.21employment transfers to an employer assuming operation of the heating plant facilities, so 11.22long as the person is employed at the University of Minnesota heating plant by that employer 11.23or by its successor organization; 11.24    (14) personnel who are employed as seasonal employees in the classified or unclassified 11.25service; 11.26    (15) persons who are employed by the Department of Commerce as a peace officer in 11.27the Commerce Fraud Bureau under section 45.0135 who have attained the mandatory 11.28retirement age specified in section 43A.34, subdivision 4; 11.29    (16) employees of the University of Minnesota unless excluded under subdivision 2b, 11.30clause (3); 11.31    (17) employees of the Middle Management Association whose employment began after 11.32July 1, 2007, and to whom section 352.029 does not apply; 12.1    (18) employees of the Minnesota Government Engineers Council to whom section 12.2352.029 does not apply; 12.3(19) employees of the Minnesota Sports Facilities Authority; 12.4(20) employees of the Minnesota Association of Professional Employees; 12.5(21) employees of the Minnesota State Retirement System; 12.6(22) employees of the State Agricultural Society; 12.7(23) employees of the Gillette Children's Hospital Board who were employed in the 12.8state unclassified service at the former Gillette Children's Hospital on March 28, 1974; and 12.9(24) if approved for coverage by the Board of Directors of Conservation Corps Minnesota, 12.10employees of Conservation Corps Minnesota so employed on June 30, 2003. 12.11    (b) Employees specified in paragraph (a), clause (13), are included employees under 12.12paragraph (a) if employer and employee contributions are made in a timely manner in the 12.13amounts required by section 352.04. Employee contributions must be deducted from salary. 12.14Employer contributions are the sole obligation of the employer assuming operation of the 12.15University of Minnesota heating plant facilities or any successor organizations to that 12.16employer. 12.17    Sec. 4. Minnesota Statutes 2016, section 473.121, subdivision 5a, is amended to read: 12.18    Subd. 5a. Metropolitan agency. "Metropolitan agency" means the Metropolitan Parks 12.19and Open Space Commission, new text begin and the new text end Metropolitan Airports Commission, and Metropolitan 12.20Sports Facilities Commission. 12.21    Sec. 5. Minnesota Statutes 2016, section 473.164, is amended to read: 12.22473.164 SPORTS, AIRPORT COMMISSIONS new text begin COMMISSION new text end TO PAY COUNCIL 12.23COSTS. 12.24    Subdivision 1. Annually reimburse. The Metropolitan Sports Facilities Commission 12.25and the Metropolitan Airports Commission shall annually reimburse the council for costs 12.26incurred by the council in the discharge of its responsibilities relating to the commission. 12.27The costs may be charged against any revenue sources of the commission as determined 12.28by the commission. 12.29    Subd. 2. Estimates, budget, transfer. On or before May 1 of each year, the council 12.30shall transmit to each new text begin the new text end commission an estimate of the costs which the council will incur 12.31in the discharge of its responsibilities related to the commission in the next budget year 13.1including, without limitation, costs in connection with the preparation, review, 13.2implementation and defense of plans, programs and budgets of the commission. Each new text begin The new text end 13.3commission shall include the estimates in its budget for the next budget year and may 13.4transmit its comments concerning the estimated amount to the council during the budget 13.5review process. Prior to December 15 of each year, the amount budgeted by each new text begin the new text end 13.6commission for the next budget year may be changed following approval by the council. 13.7During each budget year, the commission shall transfer budgeted funds to the council in 13.8advance when requested by the council. 13.9    Subd. 3. Final statement. At the conclusion of each budget year, the council, in 13.10cooperation with each new text begin the new text end commission, shall adopt a final statement of costs incurred by 13.11the council for each new text begin the new text end commission. Where costs incurred in the budget year have exceeded 13.12the amount budgeted, each new text begin the new text end commission shall transfer to the council the additional moneys 13.13needed to pay the amount of the costs in excess of the amount budgeted, and shall include 13.14a sum in its next budget. Any excess of budgeted costs over actual costs may be retained 13.15by the council and applied to the payment of budgeted costs in the next year. 13.16    Sec. 6. Minnesota Statutes 2016, section 473.565, subdivision 1, is amended to read: 13.17    Subdivision 1. In MSRS; exceptions. All employees of the new text begin former new text end commission shall 13.18be members of the Minnesota State Retirement System with respect to service rendered on 13.19or after May 17, 1977, except as provided in this section. 13.20    Sec. 7. Minnesota Statutes 2016, section 473.755, subdivision 4, is amended to read: 13.21    Subd. 4. Bylaws. The authority shall adopt bylaws to establish rules of procedure, the 13.22powers and duties of its officers, and other matters relating to the governance of the authority 13.23and the exercise of its powers. Except as provided in this section, the bylaws adopted under 13.24this subdivision shall be similar in form and substance to bylaws adopted by the Metropolitan 13.25Sports Facilities Commission pursuant to new text begin Minnesota Statutes 2012, new text end section 473.553. 13.26    Sec. 8. Minnesota Statutes 2016, section 473.763, subdivision 2, is amended to read: 13.27    Subd. 2. Acquisition. Subject to the rules of Major League Baseball, the governor and 13.28the Metropolitan Sports Facilities Commission must attempt to facilitate the formation of 13.29a corporation to acquire the baseball franchise and to identify an individual private managing 13.30owner of the corporation. The corporation formed to acquire the franchise shall have a 13.31capital structure in compliance with all of the following provisions: 14.1(1) there may be two classes of capital stock: common stock and preferred stock. Both 14.2classes of stock must give holders voting rights with respect to any relocation or voluntary 14.3contraction of the franchise; 14.4(2) the private managing owner must own no less than 25 percent and no more than 35 14.5percent of the common stock. For purposes of this restriction, shares of common stock 14.6owned by the private managing owner include shares of common stock owned by any related 14.7taxpayer as defined in section 1313(c) of the Internal Revenue Code of 1986, as amended. 14.8Other than the rights of all other holders of common stock and preferred stock with respect 14.9to relocation or voluntary contraction of the franchise, the private managing owner must 14.10control all aspects of the operation of the corporation; 14.11(3) other than the private managing owner, no individual or entity may own more than 14.12five percent of the common stock of the corporation; 14.13(4) at least 50 percent of the ownership of the common stock must be sold to members 14.14of the general public in a general solicitation and a person or entity must not own more than 14.15one percent of common stock of the corporation; and 14.16(5) the articles of incorporation, bylaws, and other governing documents must provide 14.17that the franchise may not move outside of the state or agree to voluntary contraction without 14.18approval of at least 75 percent of the shares of common stock and at least 75 percent of the 14.19shares of preferred stock. Notwithstanding any law to the contrary, these 75 percent approval 14.20requirements shall not be amended by the shareholders or by any other means. 14.21Except as specifically provided by Laws 2006, chapter 257, no state agency may spend 14.22money from any state fund for the purpose of generating revenue under this subdivision or 14.23for the purpose of providing operating support or defraying operating losses of a professional 14.24baseball franchise. 14.25    Sec. 9. Minnesota Statutes 2016, section 473J.13, subdivision 3, is amended to read: 14.26    Subd. 3. Public access. The authority will work to maximize access for public and 14.27amateur sports, community, and civic events, and other public events in type and on terms 14.28consistent with those currently held at the existing football stadium, as defined in new text begin Minnesota new text end 14.29 new text begin Statutes 2012, new text end section 473.551, subdivision 9. The authority may provide that these events 14.30have exclusive use of the premises at agreed-upon times subject to the scheduling rights of 14.31the NFL team under the lease or use agreement. 15.1    Sec. 10. Minnesota Statutes 2016, section 473J.25, subdivision 3, is amended to read: 15.2    Subd. 3. Metropolitan Sports Facilities Commission abolished; interim powers 15.3conferred on authority. Upon transfer to the authority of all remaining assets, liabilities, 15.4and obligations of the Metropolitan Sports Facilities Commission, in subdivision 2, the 15.5Metropolitan Sports Facilities Commission is abolished. When the remaining assets, 15.6liabilities, and obligations of the Metropolitan Sports Facilities Commission have been 15.7transferred to the authority and the commission has been abolished, the powers and duties 15.8of the commission under new text begin Minnesota Statutes 2012, new text end sections 473.551 to 473.599, and any 15.9other law shall devolve upon the authority, in addition to the powers and duties of the 15.10authority under chapter 473J, until the first NFL home game is played at the stadium. 15.11    Sec. 11. new text begin REPEALER. new text end 15.12 new text begin Minnesota Statutes 2016, sections 137.50, subdivision 5; 473.551; 473.552; 473.553, new text end 15.13 new text begin subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 473.556, subdivisions 1, 2, 3, 4, 5, new text end 15.14 new text begin 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, and 17; 473.561; 473.564, subdivisions 2 and 3; 473.572; new text end 15.15 new text begin 473.581; 473.592, subdivision 1; 473.595; 473.598; 473.599; and 473.76, new text end new text begin are repealed. new text end 15.16    Sec. 12. new text begin EFFECTIVE DATE. new text end 15.17 new text begin Sections 1 to 11 are effective June 30, 2017. new text end