HF 2991

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to gambling; proposing an amendment to the 
  1.3             Minnesota Constitution, article XIII, section 5, to 
  1.4             prohibit the legislature from authorizing any form of 
  1.5             gambling other than by nonprofit organizations for 
  1.6             charitable purposes, and to nullify all laws that 
  1.7             authorize gambling; repealing authorization for 
  1.8             private social bets and certain tribal-state compacts, 
  1.9             contingent on approval of the constitutional 
  1.10            amendment; amending Minnesota Statutes 1994, section 
  1.11            609.75, subdivision 3; repealing Laws 1989, chapter 
  1.12            334, article 6, section 14; and Laws 1990, chapter 
  1.13            590, article 1, section 48, subdivision 2. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1994, section 609.75, 
  1.16  subdivision 3, is amended to read: 
  1.17     Subd. 3.  [WHAT ARE NOT BETS.] The following are not bets: 
  1.18     (1) A contract to insure, indemnify, guarantee or otherwise 
  1.19  compensate another for a harm or loss sustained, even though the 
  1.20  loss depends upon chance. 
  1.21     (2) A contract for the purchase or sale at a future date of 
  1.22  securities or other commodities. 
  1.23     (3) Offers of purses, prizes or premiums to the actual 
  1.24  contestants in any bona fide contest for the determination of 
  1.25  skill, speed, strength, endurance, or quality or to the bona 
  1.26  fide owners of animals or other property entered in such a 
  1.27  contest. 
  1.28     (4) The game of bingo when conducted in compliance with 
  1.29  sections 349.11 to 349.23. 
  2.1      (5) A private social bet not part of or incidental to 
  2.2   organized, commercialized, or systematic gambling. 
  2.3      (6) The operation of equipment or the conduct of a raffle 
  2.4   under sections 349.11 to 349.22, by an organization licensed by 
  2.5   the gambling control board or an organization exempt from 
  2.6   licensing under section 349.166.  
  2.7      (7) Pari-mutuel betting on horse racing when the betting is 
  2.8   conducted under chapter 240.  
  2.9      (8) The purchase and sale of state lottery tickets under 
  2.10  chapter 349A.  
  2.11     Sec. 2.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
  2.12     An amendment to the Minnesota Constitution, article XIII, 
  2.13  section 5, is proposed to the people.  If the amendment is 
  2.14  adopted section 5 will read: 
  2.15     Sec. 5.  The legislature shall not authorize any lottery or 
  2.16  the sale of lottery tickets, other than authorizing a lottery 
  2.17  and sale of lottery tickets for a lottery operated by the 
  2.18  state form of gambling other than gambling conducted by 
  2.19  nonprofit organizations for charitable purposes as defined by 
  2.20  law.  Any law in effect on January 1, 1997, in violation of this 
  2.21  section is void on that date. 
  2.22     Sec. 3.  [SUBMISSION TO VOTERS.] 
  2.23     The constitutional amendment must be submitted to the 
  2.24  voters at the 1996 general election.  The question submitted 
  2.25  must be: 
  2.26     "Shall the Minnesota Constitution be amended to (1) 
  2.27  prohibit the legislature from authorizing any form of gambling 
  2.28  other than gambling conducted by nonprofit organizations for 
  2.29  charitable purposes as defined by law, and (2) nullify all 
  2.30  existing laws that authorize any form of gambling? 
  2.31                                     Yes .......
  2.32                                     No ........"
  2.33     Sec. 4.  [REPEALER.] 
  2.34     Laws 1989, chapter 334, article 6, section 14; and Laws 
  2.35  1990, chapter 590, article 1, section 48, subdivision 2, are 
  2.36  repealed. 
  3.1      Sec. 5.  [EFFECTIVE DATE.] 
  3.2      Sections 1 and 4 are effective January 1, 1997; except that 
  3.3   if the constitutional amendment proposed in section 2 is not 
  3.4   adopted at the 1996 general election, sections 1 and 4 shall not 
  3.5   take effect.