HF 1871

as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:44am

A bill for an act
relating to stadiums; providing for the transfer of the Metrodome to the
Minnesota Vikings; abolishing the Metropolitan Sports Facilities Commission;
prohibiting local government competition for sports franchises; amending
Minnesota Statutes 2010, sections 3.971, subdivision 6; 13.55, subdivision 1;
352.01, subdivision 2a; 473.121, subdivision 5a; 473.164; 473.565, subdivision
1; Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 1;
proposing coding for new law as Minnesota Statutes, chapter 473J; repealing
Minnesota Statutes 2010, sections 137.50, subdivision 5; 473.551; 473.552;
473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 473.556, subdivisions
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17; 473.561; 473.564, subdivisions
2, 3; 473.572; 473.581; 473.592, subdivision 1; 473.595; 473.5955; 473.596;
473.598; 473.599; 473.5995; 473.76.

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

Section 1.

Minnesota Statutes 2010, section 3.971, subdivision 6, is amended to read:

Subd. 6.

Financial audits.

The legislative auditor shall audit the financial
statements of the state of Minnesota required by section 16A.50 and, as resources permit,
shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
agencies, departments, boards, commissions, courts, and other state organizations subject
to audit by the legislative auditor, including the State Agricultural Society, Agricultural
Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
deleted text begin Metropolitan Sports Facilities Commission, deleted text end Metropolitan Airports Commission, and
Metropolitan Mosquito Control District. Financial audits must be conducted according to
generally accepted government auditing standards. The legislative auditor shall see that
all provisions of law respecting the appropriate and economic use of public funds are
complied with and may, as part of a financial audit or separately, investigate allegations
of noncompliance.

Sec. 2.

Minnesota Statutes 2010, section 13.55, subdivision 1, is amended to read:

Subdivision 1.

Not public classification.

The following data received, created, or
maintained by or for publicly owned and operated convention facilities deleted text begin , deleted text end new text begin or new text end civic center
authorities deleted text begin , or the Metropolitan Sports Facilities Commission deleted text end are classified as nonpublic
data pursuant to section 13.02, subdivision 9; or private data on individuals pursuant
to section 13.02, subdivision 12:

(a) a letter or other documentation from any person who makes inquiry to or who is
contacted by the facility regarding the availability of the facility for staging events;

(b) identity of firms and corporations which contact the facility;

(c) type of event which they wish to stage in the facility;

(d) suggested terms of rentals; and

(e) responses of authority staff to these inquiries.

Sec. 3.

Minnesota Statutes 2011 Supplement, section 340A.404, subdivision 1, is
amended to read:

Subdivision 1.

Cities.

(a) A city may issue an on-sale intoxicating liquor license to
the following establishments located within its jurisdiction:

(1) hotels;

(2) restaurants;

(3) bowling centers;

(4) clubs or congressionally chartered veterans organizations with the approval of
the commissioner, provided that the organization has been in existence for at least three
years and liquor sales will only be to members and bona fide guests, except that a club
may permit the general public to participate in a wine tasting conducted at the club under
section 340A.419; new text begin and
new text end

deleted text begin (5) sports facilities located on land owned by the Metropolitan Sports Commission;
and
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end exclusive liquor stores.

(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
ordinance, or charter provision. A license issued under this paragraph authorizes sales on
all days of the week to persons attending events at the theater.

(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a convention center within the city, notwithstanding
any law, local ordinance, or charter provision. A license issued under this paragraph
authorizes sales on all days of the week to persons attending events at the convention
center. This paragraph does not apply to convention centers located in the seven-county
metropolitan area.

(d) A city may issue an on-sale wine license and an on-sale malt liquor license to
a person who is the owner of a summer collegiate league baseball team, or to a person
holding a concessions or management contract with the owner, for beverage sales at a
ballpark or stadium located within the city for the purposes of summer collegiate league
baseball games at the ballpark or stadium, notwithstanding any law, local ordinance, or
charter provision. A license issued under this paragraph authorizes sales on all days of the
week to persons attending baseball games at the ballpark or stadium.

Sec. 4.

Minnesota Statutes 2010, section 352.01, subdivision 2a, is amended to read:

Subd. 2a.

Included employees.

(a) "State employee" includes:

(1) employees of the Minnesota Historical Society;

(2) employees of the State Horticultural Society;

(3) employees of the Minnesota Crop Improvement Association;

(4) employees of the adjutant general whose salaries are paid from federal funds and
who are not covered by any federal civilian employees retirement system;

(5) employees of the Minnesota State Colleges and Universities who are employed
under the university or college activities program;

(6) currently contributing employees covered by the system who are temporarily
employed by the legislature during a legislative session or any currently contributing
employee employed for any special service as defined in subdivision 2b, clause (8);

(7) employees of the legislature who are appointed without a limit on the duration
of their employment and persons employed or designated by the legislature or by a
legislative committee or commission or other competent authority to conduct a special
inquiry, investigation, examination, or installation;

(8) trainees who are employed on a full-time established training program
performing the duties of the classified position for which they will be eligible to receive
immediate appointment at the completion of the training period;

(9) employees of the Minnesota Safety Council;

(10) any employees who are on authorized leave of absence from the Transit
Operating Division of the former Metropolitan Transit Commission and who are employed
by the labor organization which is the exclusive bargaining agent representing employees
of the Transit Operating Division;

(11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
Commission, deleted text begin Metropolitan Sports Facilities Commission, deleted text end or Metropolitan Mosquito
Control Commission unless excluded under subdivision 2b or are covered by another
public pension fund or plan under section 473.415, subdivision 3;

(12) judges of the Tax Court;

(13) personnel who were employed on June 30, 1992, by the University of
Minnesota in the management, operation, or maintenance of its heating plant facilities,
whose employment transfers to an employer assuming operation of the heating plant
facilities, so long as the person is employed at the University of Minnesota heating plant
by that employer or by its successor organization;

(14) personnel who are employed as seasonal employees in the classified or
unclassified service;

(15) persons who are employed by the Department of Commerce as a peace officer
in the Insurance Fraud Prevention Division under section 45.0135 who have attained the
mandatory retirement age specified in section 43A.34, subdivision 4;

(16) employees of the University of Minnesota unless excluded under subdivision
2b, clause (3);

(17) employees of the Middle Management Association whose employment began
after July 1, 2007, and to whom section 352.029 does not apply; and

(18) employees of the Minnesota Government Engineers Council to whom section
352.029 does not apply.

(b) Employees specified in paragraph (a), clause (13), are included employees under
paragraph (a) if employer and employee contributions are made in a timely manner in the
amounts required by section 352.04. Employee contributions must be deducted from
salary. Employer contributions are the sole obligation of the employer assuming operation
of the University of Minnesota heating plant facilities or any successor organizations to
that employer.

Sec. 5.

Minnesota Statutes 2010, section 473.121, subdivision 5a, is amended to read:

Subd. 5a.

Metropolitan agency.

"Metropolitan agency" means the Metropolitan
Parks and Open Space Commission deleted text begin , deleted text end new text begin and the new text end Metropolitan Airports Commission deleted text begin , and
Metropolitan Sports Facilities Commission deleted text end .

Sec. 6.

Minnesota Statutes 2010, section 473.164, is amended to read:

473.164 SPORTS, AIRPORT COMMISSIONS TO PAY COUNCIL COSTS.

Subdivision 1.

Annually reimburse.

The deleted text begin Metropolitan Sports Facilities
Commission and the deleted text end Metropolitan Airports Commission shall annually reimburse the
council for costs incurred by the council in the discharge of its responsibilities relating to
the commission. The costs may be charged against any revenue sources of the commission
as determined by the commission.

Subd. 2.

Estimates, budget, transfer.

On or before May 1 of each year, the council
shall transmit to deleted text begin each deleted text end new text begin the new text end commission an estimate of the costs which the council will
incur in the discharge of its responsibilities related to the commission in the next budget
year including, without limitation, costs in connection with the preparation, review,
implementation and defense of plans, programs and budgets of the commission. deleted text begin Each deleted text end new text begin The new text end
commission shall include the estimates in its budget for the next budget year and may
transmit its comments concerning the estimated amount to the council during the budget
review process. Prior to December 15 of each year, the amount budgeted by deleted text begin each deleted text end new text begin the new text end
commission for the next budget year may be changed following approval by the council.
During each budget year, the commission shall transfer budgeted funds to the council in
advance when requested by the council.

Subd. 3.

Final statement.

At the conclusion of each budget year, the council, in
cooperation with deleted text begin each deleted text end new text begin the new text end commission, shall adopt a final statement of costs incurred by the
council for deleted text begin each deleted text end new text begin the new text end commission. Where costs incurred in the budget year have exceeded
the amount budgeted, deleted text begin each deleted text end new text begin the new text end commission shall transfer to the council the additional
moneys needed to pay the amount of the costs in excess of the amount budgeted, and shall
include a sum in its next budget. Any excess of budgeted costs over actual costs may be
retained by the council and applied to the payment of budgeted costs in the next year.

Sec. 7.

Minnesota Statutes 2010, section 473.565, subdivision 1, is amended to read:

Subdivision 1.

In MSRS; exceptions.

All employees of the new text begin former new text end commission
shall be members of the Minnesota State Retirement System with respect to service
rendered on or after May 17, 1977, except as provided in this section.

Sec. 8.

new text begin [473J.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For the purposes of this chapter, the terms defined in
this section have the meanings given them, except as otherwise expressly provided or
indicated by the context.
new text end

new text begin Subd. 2. new text end

new text begin City. new text end

new text begin "City" means the city of Minneapolis.
new text end

new text begin Subd. 3. new text end

new text begin County. new text end

new text begin "County" means Hennepin County.
new text end

new text begin Subd. 4. new text end

new text begin Stadium. new text end

new text begin "Stadium" means the Hubert H. Humphrey Metrodome.
new text end

new text begin Subd. 5. new text end

new text begin Team. new text end

new text begin "Team" means the owner and operator of the professional football
team known as of the effective date of this chapter as the Minnesota Vikings or any team
owned and operated by someone who purchases or otherwise takes ownership or control
of or reconstitutes the professional football team known as the Minnesota Vikings.
new text end

Sec. 9.

new text begin [473J.02] METRODOME TRANSFER.
new text end

new text begin Subdivision 1. new text end

new text begin Vikings ownership of Metrodome. new text end

new text begin The Metropolitan Sports
Facilities Commission will transfer the ownership and all control over the Hubert H.
Humphrey Metrodome to the Minnesota Vikings, provided that:
new text end

new text begin (1) the team has signed a 25-year contract with the state Department of
Administration requiring the team to play in the Metrodome for a period of not less than
25 years;
new text end

new text begin (2) the team has agreed to pay for all improvements, property taxes, and operating
costs during the term of their ownership;
new text end

new text begin (3) after completion of the 25-year ownership period, the team may retain or
sell rights to the Metrodome and associated land, provided that any obligations of
the Metropolitan Sports Facilities Commission under current law are satisfied upon
completion of a sale; and
new text end

new text begin (4) the 25-year contract may contain a provision allowing the team to leave the
Metrodome at an earlier date, but only to move to a Minnesota stadium constructed by the
team without a public subsidy.
new text end

new text begin Subd. 2. new text end

new text begin Termination of operations. new text end

new text begin The Metropolitan Sports Commission shall
cease all operations within 45 days of completion of all duties under subdivision 1,
and shall transfer any remaining assets, liabilities, and duties to the state Department
of Administration.
new text end

new text begin Subd. 3. new text end

new text begin Ban on local government competitions. new text end

new text begin No home rule charter or statutory
charter city, county, or other political subdivision of the state may:
new text end

new text begin (1) use public resources for any activity intended to encourage the relocation of a
professional sports franchise that exists and plays its home games within Minnesota as of
the effective date of this subdivision, including use of public resources for any form of
education on or lobbying for the relocation; and
new text end

new text begin (2) adopt, implement, or enforce a resolution or ordinance that uses public resources
to encourage an existing Minnesota professional sports franchise to relocate.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 137.50, subdivision 5; 473.551; 473.552;
473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 473.556, subdivisions
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, and 17; 473.561; 473.564, subdivisions 2
and 3; 473.572; 473.581; 473.592, subdivision 1; 473.595; 473.5955; 473.596; 473.598;
473.599; 473.5995; and 473.76, new text end new text begin are repealed.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Except as otherwise provided, this act is effective upon certification by the
commissioner of the Department of Administration that the Minnesota Vikings have
signed the contract required under Minnesota Statutes, section 473J.02.
new text end