HF 3423

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to stadiums; creating a public corporation; 
  1.3             providing for a football stadium and a parking ramp; 
  1.4             imposing taxes and fees; appropriating money; amending 
  1.5             Minnesota Statutes 2000, sections 272.02, by adding a 
  1.6             subdivision; 290.62; 297A.71, by adding a subdivision; 
  1.7             349A.10, subdivision 5; Minnesota Statutes 2001 
  1.8             Supplement, section 297A.94; proposing coding for new 
  1.9             law in Minnesota Statutes, chapters 295; 473; 
  1.10            proposing coding for new law as Minnesota Statutes, 
  1.11            chapter 473I. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13           MINNESOTA NONPROFIT FOOTBALL CORPORATION, INC. 
  1.14     Section 1.  Minnesota Statutes 2000, section 272.02, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 50.  [FOOTBALL STADIUM.] Real or personal property 
  1.17  acquired, owned, leased, controlled, used, or occupied by the 
  1.18  Minnesota nonprofit football corporation created under section 
  1.19  473I.03, for the purposes of sections 473I.01 to 473I.14, is 
  1.20  exempt from taxation, provided that the property is subject to 
  1.21  special assessments levied by a political subdivision for a 
  1.22  local improvement in amounts proportionate to and not exceeding 
  1.23  the special benefit received by the property from the 
  1.24  improvement.  No use of the property in any manner different 
  1.25  from its use under sections 473I.01 to 473I.14, at the time 
  1.26  shall be considered in determining the special benefit received 
  1.27  by the property.  Notwithstanding section 272.01, subdivision 2, 
  1.28  or 273.19, real or personal property leased by the commission to 
  2.1   another person for uses related to the purposes of sections 
  2.2   473I.01 to 473I.14 is exempt from taxation regardless of the 
  2.3   length of the lease. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 290.62, is 
  2.5   amended to read: 
  2.6      290.62 [DISTRIBUTION OF REVENUES.] 
  2.7      Subdivision 1.  [GENERAL RULE.] Except as provided in 
  2.8   subdivision 2, all revenues derived from the taxes, interest, 
  2.9   penalties and charges under this chapter shall, notwithstanding 
  2.10  any other provisions of law, be paid into the state treasury and 
  2.11  credited to the general fund, and be distributed as follows: 
  2.12     (1) There shall, notwithstanding any other provision of the 
  2.13  law, be paid from this general fund all refunds of taxes 
  2.14  erroneously collected from taxpayers under this chapter as 
  2.15  provided herein; 
  2.16     (2) There is hereby appropriated to the persons entitled to 
  2.17  payment herein, from the fund or account in the state treasury 
  2.18  to which the money was credited, an amount sufficient to make 
  2.19  the refund and payment. 
  2.20     Subd. 2.  [FOOTBALL STADIUM FINANCING.] (a) For each 
  2.21  taxable year beginning after December 31, 2002, the commissioner 
  2.22  shall deposit in the football stadium fund an amount of taxes, 
  2.23  interest, penalties, and charges under this chapter that are 
  2.24  attributable to employees of franchises of the national football 
  2.25  league. 
  2.26     (b) The commissioner may make the deposits required under 
  2.27  this subdivision based on an estimate of the amount that the 
  2.28  commissioner deems to be reasonable.  The commissioner need not 
  2.29  make a specific accounting of the tax and other amounts paid by 
  2.30  each employee. 
  2.31     Sec. 3.  [295.61] [SPORTS LICENSED CLOTHING.] 
  2.32     A tax is imposed on each sale at wholesale of sports 
  2.33  licensed clothing in the state.  The rate of the tax is 13 
  2.34  percent of the gross earnings from the sale. 
  2.35     Sec. 4.  [295.62] [DEFINITIONS.] 
  2.36     Subdivision 1.  [TERMS.] For purposes of sections 295.61 to 
  3.1   295.67, the following terms have the meanings given them. 
  3.2      Subd. 2.  [BUYER.] "Buyer" means any person that purchases 
  3.3   sports licensed clothing at wholesale in the state. 
  3.4      Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
  3.5   commissioner of revenue. 
  3.6      Subd. 4.  [SALE.] "Sale" means a transfer of title or 
  3.7   possession of tangible personal property, whether absolutely or 
  3.8   conditionally. 
  3.9      Subd. 5.  [SPORTS LICENSED CLOTHING.] "Sports licensed 
  3.10  clothing" means any items available for sale to the public that 
  3.11  are sold under a license granted by the National Football League 
  3.12  or an institution affiliated with the National Collegiate 
  3.13  Athletic Association. 
  3.14     Subd. 6.  [WHOLESALE OR SALE AT WHOLESALE.] "Wholesale" or 
  3.15  "sale at wholesale" means a sale to a retailer, as defined in 
  3.16  section 297A.61, subdivision 9, for the purpose of reselling the 
  3.17  property to a third party. 
  3.18     Subd. 7.  [WHOLESALER.] "Wholesaler" means any person 
  3.19  making wholesale sales of sports licensed clothing to purchasers 
  3.20  in the state. 
  3.21     Sec. 5.  [295.63] [COLLECTION.] 
  3.22     Subdivision 1.  [PAYMENT AND COLLECTION OBLIGATION.] The 
  3.23  buyer must pay the tax to the wholesaler and each wholesaler 
  3.24  must collect from the buyer the full amount of the tax payable 
  3.25  for each taxable sale, unless the state or federal constitution 
  3.26  prohibits the wholesaler from collecting the tax from the buyer. 
  3.27     Subd. 2.  [TAX SEPARATELY STATED.] The tax must be 
  3.28  separately stated from the selling price in any sales invoice or 
  3.29  any instrument of sale.  Failure to separately state the tax 
  3.30  creates presumption that the tax has not been collected. 
  3.31     Subd. 3.  [TAX IS IN ADDITION TO OTHERS.] The tax under 
  3.32  sections 295.61 to 295.67, is in addition to any other tax that 
  3.33  applies under the laws of this state. 
  3.34     Sec. 6.  [295.64] [COMPLEMENTARY USE TAX.] 
  3.35     If the tax is not paid under section 295.61, a tax is 
  3.36  imposed on possession for sale or use of sports licensed 
  4.1   clothing in the state.  The rate of tax equals the rate under 
  4.2   section 295.61, and must be paid by the possessor of the items. 
  4.3      Sec. 7.  [295.65] [EXEMPTIONS.] 
  4.4      The tax imposed by sections 295.61 to 295.67, does not 
  4.5   apply to: 
  4.6      (1) any successive sale if the tax was previously imposed 
  4.7   and collected on the same sports licensed clothing; and 
  4.8      (2) any sale of sports licensed clothing that is 
  4.9   transferred to a point outside of the state for sale or use 
  4.10  outside of the state. 
  4.11     Sec. 8.  [295.66] [ADMINISTRATIVE PROVISIONS.] 
  4.12     Subdivision 1.  [APPLICATION OF OTHER CHAPTERS.] Unless 
  4.13  specifically provided otherwise by sections 295.61 to 295.67, 
  4.14  the enforcement, interest, and penalty provisions under chapter 
  4.15  294, appeal provisions in sections 289.65 and 289A.43, criminal 
  4.16  penalties under section 289A.63, refund provisions in section 
  4.17  289A.50, and collection and rulemaking provisions under chapter 
  4.18  270, apply to the tax under sections 295.61 to 295.67. 
  4.19     Subd. 2.  [QUARTERLY ESTIMATED PAYMENTS.] (a) Each 
  4.20  wholesaler must make estimated payments of the tax for the 
  4.21  calendar year to the commissioner in quarterly installments by 
  4.22  April 15, July 15, October 15, and January 15 of the following 
  4.23  calendar year. 
  4.24     (b) Estimated tax payments are not required if the tax for 
  4.25  the calendar year is less than $500. 
  4.26     (c) An underpayment of estimated installments bears 
  4.27  interest at the rate specified in section 270.75, from the due 
  4.28  date of the payment until paid or until the due date of the 
  4.29  annual return at the rate specified in section 270.75.  An 
  4.30  underpayment of an estimated installment is the difference 
  4.31  between the amount paid and the lesser of (1) 90 percent of 
  4.32  one-quarter of the tax for the calendar year, or (2) the tax for 
  4.33  the actual gross revenues received during the quarter. 
  4.34     Subd. 3.  [ELECTRONIC FUNDS-TRANSFER PAYMENTS.] A taxpayer 
  4.35  with an aggregate tax liability of $120,000 or more during a 
  4.36  fiscal year ending June 30, must remit all liabilities by funds 
  5.1   transfer as defined in section 336.4A-104, paragraph (a), in the 
  5.2   next calendar year.  The funds-transfer payment date, as defined 
  5.3   in section 336.4A-401, paragraph (a), clause (4), is on or 
  5.4   before the first funds-transfer business day after the date the 
  5.5   tax is due. 
  5.6      Subd. 4.  [ANNUAL RETURN.] The taxpayer must file an annual 
  5.7   return reconciling the estimated payments by March 15 of the 
  5.8   following calendar year. 
  5.9      Subd. 5.  [FORM OF RETURNS.] The estimated payments and 
  5.10  annual return must contain the information and be in the form 
  5.11  prescribed by the commissioner. 
  5.12     Sec. 9.  [295.67] [DISPOSITION OF REVENUES.] 
  5.13     The commissioner shall deposit all revenues, including 
  5.14  interest and penalties, derived from the tax imposed on sports 
  5.15  licensed clothing under section 295.61, in the state treasury 
  5.16  and credit them to the football stadium fund. 
  5.17     Sec. 10.  Minnesota Statutes 2000, section 297A.71, is 
  5.18  amended by adding a subdivision to read: 
  5.19     Subd. 28.  [CONSTRUCTION MATERIALS; FOOTBALL 
  5.20  STADIUM.] Materials, supplies, or equipment used or consumed in 
  5.21  the construction, equipping, or improvement of the football 
  5.22  stadium constructed under sections 473I.01 to 473I.14, are 
  5.23  exempt.  This subdivision expires one year after substantial 
  5.24  completion of the football stadium.  
  5.25     Sec. 11.  Minnesota Statutes 2001 Supplement, section 
  5.26  297A.94, is amended to read: 
  5.27     297A.94 [DEPOSIT OF REVENUES.] 
  5.28     (a) Except as provided in this section, the commissioner 
  5.29  shall deposit the revenues, including interest and penalties, 
  5.30  derived from the taxes imposed by this chapter in the state 
  5.31  treasury and credit them to the general fund.  
  5.32     (b) The commissioner shall deposit taxes in the Minnesota 
  5.33  agricultural and economic account in the special revenue fund if:
  5.34     (1) the taxes are derived from sales and use of property 
  5.35  and services purchased for the construction and operation of an 
  5.36  agricultural resource project; and 
  6.1      (2) the purchase was made on or after the date on which a 
  6.2   conditional commitment was made for a loan guaranty for the 
  6.3   project under section 41A.04, subdivision 3. 
  6.4   The commissioner of finance shall certify to the commissioner 
  6.5   the date on which the project received the conditional 
  6.6   commitment.  The amount deposited in the loan guaranty account 
  6.7   must be reduced by any refunds and by the costs incurred by the 
  6.8   department of revenue to administer and enforce the assessment 
  6.9   and collection of the taxes.  
  6.10     (c) The commissioner shall deposit the revenues, including 
  6.11  interest and penalties, derived from the taxes imposed on sales 
  6.12  and purchases included in section 297A.61, subdivision 3, 
  6.13  paragraph (g), clauses (1) and (4), in the state treasury, and 
  6.14  credit them as follows: 
  6.15     (1) first to the general obligation special tax bond debt 
  6.16  service account in each fiscal year the amount required by 
  6.17  section 16A.661, subdivision 3, paragraph (b); and 
  6.18     (2) after the requirements of clause (1) have been met, the 
  6.19  balance to the general fund. 
  6.20     (d) The commissioner shall deposit the revenues, including 
  6.21  interest and penalties, collected under section 297A.64, 
  6.22  subdivision 5, in the state treasury and credit them to the 
  6.23  general fund.  By July 15 of each year the commissioner shall 
  6.24  transfer to the highway user tax distribution fund an amount 
  6.25  equal to the excess fees collected under section 297A.64, 
  6.26  subdivision 5, for the previous calendar year. 
  6.27     (e) For fiscal year 2001, 97 percent; for fiscal years 2002 
  6.28  and 2003, 87 percent; and for fiscal year 2004 and thereafter, 
  6.29  88.5 percent of the revenues, including interest and penalties, 
  6.30  transmitted to the commissioner under section 297A.65, must be 
  6.31  deposited by the commissioner in the state treasury as follows: 
  6.32     (1) 50 percent of the receipts must be deposited in the 
  6.33  heritage enhancement account in the game and fish fund, and may 
  6.34  be spent only on activities that improve, enhance, or protect 
  6.35  fish and wildlife resources, including conservation, 
  6.36  restoration, and enhancement of land, water, and other natural 
  7.1   resources of the state; 
  7.2      (2) 22.5 percent of the receipts must be deposited in the 
  7.3   natural resources fund, and may be spent only for state parks 
  7.4   and trails; 
  7.5      (3) 22.5 percent of the receipts must be deposited in the 
  7.6   natural resources fund, and may be spent only on metropolitan 
  7.7   park and trail grants; 
  7.8      (4) three percent of the receipts must be deposited in the 
  7.9   natural resources fund, and may be spent only on local trail 
  7.10  grants; and 
  7.11     (5) two percent of the receipts must be deposited in the 
  7.12  natural resources fund, and may be spent only for the Minnesota 
  7.13  zoological garden, the Como park zoo and conservatory, and the 
  7.14  Duluth zoo. 
  7.15     (f) The revenue dedicated under paragraph (e) may not be 
  7.16  used as a substitute for traditional sources of funding for the 
  7.17  purposes specified, but the dedicated revenue shall supplement 
  7.18  traditional sources of funding for those purposes.  Land 
  7.19  acquired with money deposited in the game and fish fund under 
  7.20  paragraph (e) must be open to public hunting and fishing during 
  7.21  the open season, except that in aquatic management areas or on 
  7.22  lands where angling easements have been acquired, fishing may be 
  7.23  prohibited during certain times of the year and hunting may be 
  7.24  prohibited.  At least 87 percent of the money deposited in the 
  7.25  game and fish fund for improvement, enhancement, or protection 
  7.26  of fish and wildlife resources under paragraph (e) must be 
  7.27  allocated for field operations. 
  7.28     (g) Revenues, including interest and penalties, as 
  7.29  estimated by the commissioner, from the sales of items other 
  7.30  than clothing that are sold under license of the National 
  7.31  Football League or an institution affiliated with the National 
  7.32  Collegiate Athletic Association, the sales of food, nonalcoholic 
  7.33  beverages, and alcoholic beverages sold within the football 
  7.34  stadium constructed under sections 473I.01 to 473I.14, and the 
  7.35  use of the parking spaces designated under section 473I.04, 
  7.36  subdivision 7, on the days that professional and collegiate 
  8.1   football games are played in the football stadium must be 
  8.2   deposited in the football stadium fund.  
  8.3      Sec. 12.  Minnesota Statutes 2000, section 349A.10, 
  8.4   subdivision 5, is amended to read: 
  8.5      Subd. 5.  [DEPOSIT OF NET PROCEEDS.] Within 30 days after 
  8.6   the end of each month, the director shall deposit in the state 
  8.7   treasury the net proceeds of the lottery, which is the balance 
  8.8   in the lottery fund after transfers to the lottery prize fund 
  8.9   and credits to the lottery operations account.  Of the net 
  8.10  proceeds, 40 percent must be credited to the Minnesota 
  8.11  environment and natural resources trust fund, $175,000 must be 
  8.12  credited to the football stadium fund each month, and during any 
  8.13  period in which bonds are issued and outstanding under section 
  8.14  16A.67, the remainder must be credited to the special revenue 
  8.15  fund created in section 16A.67, subdivision 3, provided that if 
  8.16  bonds are not issued and outstanding under section 16A.67, such 
  8.17  remainder must be credited to the general fund.  Money credited 
  8.18  to the special revenue fund must be transferred to the debt 
  8.19  service fund established in section 16A.67, subdivision 4, at 
  8.20  the times and in the amounts determined by the commissioner of 
  8.21  finance to be necessary to provide for the payment and security 
  8.22  of bonds issued pursuant to section 16A.67.  On or before the 
  8.23  tenth day of each month, any money in the special revenue fund 
  8.24  not required to be transferred to the debt service fund must be 
  8.25  transferred to the general fund. 
  8.26     Sec. 13.  [473.5955] [DISPOSITION OF METRODOME.] 
  8.27     Subdivision 1.  [TERMINATION OF LEASES.] The commission 
  8.28  must enter into negotiations with the football team to terminate 
  8.29  the lease dated August 8, 1979, that requires the football team 
  8.30  until the end of the fall 2011 football season to play its home 
  8.31  and play-off football games at the Hubert H. Humphrey metrodome. 
  8.32  The commission must enter into negotiations with the University 
  8.33  of Minnesota to terminate the lease dated May 19, 1982, that 
  8.34  requires the University of Minnesota football team until July 1, 
  8.35  2012, to play its home football games at the Hubert H. Humphrey 
  8.36  metrodome.  The effective date of the termination of both leases 
  9.1   would be the date designated by the corporation as the 
  9.2   completion date of the stadium. 
  9.3      Subd. 2.  [SALE OF METRODOME.] The commission must sell the 
  9.4   metrodome property and transfer the sales proceeds to the 
  9.5   football stadium fund upon sale.  The commission must transfer 
  9.6   its accumulated reserves associated with the metrodome facility 
  9.7   to the football stadium fund within 60 days of the last 
  9.8   professional or collegiate football game played in the metrodome.
  9.9      Sec. 14.  [473I.01] [CITATION.] 
  9.10     Sections 473I.01 to 473I.15, may be cited as the "Minnesota 
  9.11  Nonprofit Football Corporation, Inc. Act." 
  9.12     Sec. 15.  [473I.02] [DEFINITIONS.] 
  9.13     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  9.14  section apply to sections 473I.01 to 473I.15. 
  9.15     Subd. 2.  [BOARD.] "Board" means the board of directors of 
  9.16  the Minnesota Nonprofit Football Corporation, Inc. 
  9.17     Subd. 3.  [COMMISSION.] "Commission" means the metropolitan 
  9.18  sports facilities commission. 
  9.19     Subd. 4.  [CORPORATION.] "Corporation" means Minnesota 
  9.20  Nonprofit Football Corporation, Inc. 
  9.21     Subd. 5.  [FOOTBALL TEAM.] "Football team" means the 
  9.22  Minnesota Vikings Football Club, Inc. 
  9.23     Subd. 6.  [GROUND LEASE.] "Ground lease" means the ground 
  9.24  lease of the stadium land between the corporation and the 
  9.25  university. 
  9.26     Subd. 7.  [METROPOLITAN AREA.] "Metropolitan area" has the 
  9.27  meaning given in section 473.121, subdivision 2. 
  9.28     Subd. 8.  [SPORTS FACILITY.] "Sports facility" or "sports 
  9.29  facilities" means real or personal property comprising a stadium 
  9.30  suitable for university or professional football. 
  9.31     Subd. 9.  [STADIUM.] "Stadium" means a single unit sports 
  9.32  facility for university and professional football. 
  9.33     Subd. 10.  [STADIUM LAND.] "Stadium land" means the real 
  9.34  estate upon which the stadium is constructed. 
  9.35     Subd. 11.  [STADIUM REVENUE.] "Stadium revenue" means all 
  9.36  revenue received by or payable to the corporation arising from 
 10.1   its ownership and operation of the stadium, including, but not 
 10.2   limited to, rent, revenues from special taxes, appropriations, 
 10.3   bond proceeds, fees, loans, and gifts. 
 10.4      Subd. 12.  [UNIVERSITY.] "University" means the University 
 10.5   of Minnesota, acting through its board of regents. 
 10.6      Sec. 16.  [473I.03] [CORPORATION; BOARD OF DIRECTORS; 
 10.7   POWERS.] 
 10.8      Subdivision 1.  [ESTABLISHMENT.] The Minnesota Nonprofit 
 10.9   Football Corporation, Inc. is established as a public nonprofit 
 10.10  corporation of the state and is incorporated under chapter 317A, 
 10.11  and otherwise must comply with chapter 317A, except to the 
 10.12  extent that chapter 317A is inconsistent with this act.  The 
 10.13  business of the corporation must be conducted under the name 
 10.14  "Minnesota Nonprofit Football Corporation, Inc." 
 10.15     Subd. 2.  [BOARD OF DIRECTORS.] The corporation is governed 
 10.16  by a board of three directors.  The governor shall appoint one 
 10.17  member from a list of three candidates submitted by the 
 10.18  University and one member from a list of three candidates 
 10.19  submitted by the football team.  The two appointed members shall 
 10.20  submit a list of three candidates from which the governor will 
 10.21  appoint the third board member.  Board members are not 
 10.22  compensated for their services but may be reimbursed for 
 10.23  reasonable expenses incurred in connection with their duties as 
 10.24  board members. 
 10.25     Subd. 3.  [GENERALLY.] The board shall appoint a chair, 
 10.26  vice chair, and secretary-treasurer, who serve as officers of 
 10.27  the corporation.  The chair shall preside over meetings of the 
 10.28  corporation.  The vice chair shall preside over meetings in the 
 10.29  absence of the chair.  The secretary-treasurer shall maintain 
 10.30  all records of the corporation.  The board may employ employees, 
 10.31  consultants, and agents it considers necessary to carry out the 
 10.32  duties assigned to the board by this act.  The board shall 
 10.33  define the duties and designate the titles of the employees and 
 10.34  agents.  Employees, officers, and directors of the corporation 
 10.35  and programs governed by this chapter are not state employees. 
 10.36     Sec. 17.  [473I.04] [POWERS AND DUTIES OF CORPORATION.] 
 11.1      Subdivision 1.  [GIFTS; AGREEMENTS.] The corporation may 
 11.2   accept gifts of money, property, or services, and may enter into 
 11.3   agreements with the board of regents of the University of 
 11.4   Minnesota and with the Minnesota Vikings Football Club, Inc. 
 11.5      Subd. 2.  [LAND.] The corporation must receive the land 
 11.6   subject to the ground lease between the corporation and the 
 11.7   university. 
 11.8      Subd. 3.  [APPROPRIATION.] The corporation must receive the 
 11.9   money from the appropriation authorized under section 27. 
 11.10     Subd. 4.  [CONSTRUCTION OF STADIUM; MAXIMUM PRICE.] The 
 11.11  corporation must have executed agreements that provide for the 
 11.12  construction of the stadium and adjacent parking ramp or ramps 
 11.13  for a guaranteed maximum price not to exceed $....... and a 
 11.14  specified substantial completion date of ........., and that 
 11.15  requires performance bonds in an amount at least equal to 100 
 11.16  percent of the guaranteed maximum price to cover any costs 
 11.17  incurred over and above the guaranteed maximum price, including, 
 11.18  but not limited to, costs incurred by the corporation and loss 
 11.19  of revenues resulting from incomplete construction on the 
 11.20  substantial completion date. 
 11.21     Subd. 5.  [PREFERENCE ON USE.] The corporation must enter 
 11.22  into an agreement with the university which allows the 
 11.23  university to reserve ..... dates each year for university 
 11.24  activities in addition to intercollegiate football games.  
 11.25  Reserved dates must not conflict with dates when the football 
 11.26  team plays a game at the stadium. 
 11.27     Subd. 6.  [PARKING RAMP.] The corporation must construct a 
 11.28  4,000-space parking ramp or ramps to be owned by the university 
 11.29  and enter into an agreement with the university and the football 
 11.30  team governing the use of the parking ramp or ramps.  
 11.31     Subd. 7.  [GAME DAY REVENUES.] The corporation must enter 
 11.32  into a parking agreement with the university and the football 
 11.33  team giving the football team all revenue from 7,500 parking 
 11.34  spaces on days in which the football team has a game at the 
 11.35  stadium.  The agreement must give the university management and 
 11.36  control of the parking ramp or ramps and the use of all parking 
 12.1   spaces at times other than when the football team plays a game 
 12.2   at the stadium. 
 12.3      Subd. 8.  [MANAGER.] The corporation must enter into a 
 12.4   contract with a manager to run the stadium for the use of the 
 12.5   university and the football team.  The contract shall provide 
 12.6   for management of the stadium to maximize revenues by scheduling 
 12.7   events at the stadium which do not conflict with games played by 
 12.8   the university and the football team.  
 12.9      Subd. 9.  [AGREEMENT; LEAGUE.] The corporation must enter 
 12.10  into an agreement with the professional football league that the 
 12.11  football team is a member of that provides: 
 12.12     (1) the league must make a payment to the corporation of an 
 12.13  amount not less than $51,500,000 as the league's portion of the 
 12.14  cost of construction of the stadium; and 
 12.15     (2) the league will make a good-faith effort to ensure that 
 12.16  a Super Bowl is played in the stadium not later than five years 
 12.17  after the first game the football team plays in the stadium. 
 12.18     Subd. 10.  [AGREEMENT; TEAM.] The corporation must enter 
 12.19  into a use agreement with the football team that provides: 
 12.20     (1) the football team must make a payment to the 
 12.21  corporation of an amount not less than $100,000,000 as the 
 12.22  football team's portion of the cost of the construction of the 
 12.23  stadium; 
 12.24     (2) the football team will receive all revenue generated at 
 12.25  the stadium on the days that the football team plays a game at 
 12.26  the stadium, including the revenue from the 7,500 parking spaces 
 12.27  provided by section 473I.05, subdivision 2; 
 12.28     (3) the football team will use the stadium for all 
 12.29  scheduled preseason, regular season, and all postseason games 
 12.30  that the football team is entitled to play at home for not less 
 12.31  than 30 years without an escape clause for the football team; 
 12.32  and 
 12.33     (4) the football team will ensure that a portion of the 
 12.34  tickets for its games are accessible and affordable. 
 12.35     Subd. 11.  [AMATEUR SPORTS.] The corporation must provide 
 12.36  that the football stadium will be available for use by high 
 13.1   school and amateur sports leagues.  
 13.2      Sec. 18.  [473I.05] [DUTIES OF UNIVERSITY.] 
 13.3      Subdivision 1.  [SITE SELECTION.] The University of 
 13.4   Minnesota must lease a site selected by the board of regents to 
 13.5   the corporation for the stadium land for a term of 50 years at 
 13.6   the lease rate of $1 per year. 
 13.7      Subd. 2.  [PARKING SPACES.] The university must designate 
 13.8   7,500 parking spaces as game-day parking, 4,000 of which are 
 13.9   from the parking ramp or ramps to be constructed by the 
 13.10  corporation under section 473I.04, subdivision 6. 
 13.11     Subd. 3.  [LEASE.] The university must sign a 30-year use 
 13.12  agreement to play its intercollegiate football games at the 
 13.13  stadium. 
 13.14     Sec. 19.  [473I.06] [DUTIES OF MINNESOTA VIKINGS FOOTBALL 
 13.15  CLUB, INC.] 
 13.16     Subdivision 1.  [PAYMENT.] The football team must, as a 
 13.17  condition of using the stadium, make a payment to the 
 13.18  corporation of not less than $100,000,000 as its portion of the 
 13.19  cost of the stadium. 
 13.20     Subd. 2.  [AGREEMENT; GAMES.] The football team must enter 
 13.21  into an agreement with the corporation to use the stadium for 
 13.22  all preseason, regular season, and home postseason play-off 
 13.23  games for not less than 30 years without an escape clause. 
 13.24     Sec. 20.  [473I.07] [AUDITS.] 
 13.25     The corporation board shall contract with a certified 
 13.26  public accounting firm to do a financial and compliance audit of 
 13.27  the corporation and any subsidiary annually in accordance with 
 13.28  generally accepted accounting standards.  A copy of this audit 
 13.29  must be submitted to the chairs of the appropriate senate and 
 13.30  house committees. 
 13.31     Sec. 21.  [473I.09] [ANNUAL REPORT.] 
 13.32     The board shall submit a report to the chairs of the 
 13.33  appropriate senate and house committees of the legislature and 
 13.34  the governor on the activities of the corporation by February 1 
 13.35  of each year.  A copy of the report shall also be provided to 
 13.36  the football team and the president of the University of 
 14.1   Minnesota.  The report must include at least the following: 
 14.2      (1) a description of each of the activities that the 
 14.3   corporation has undertaken at some time during the previous 
 14.4   year; 
 14.5      (2) an identification of the sources of funding in the 
 14.6   previous year for the corporation and its programs, including 
 14.7   federal, state, and local government; foundations; gifts; 
 14.8   donations; fees; and all other sources; 
 14.9      (3) a description of the distribution of all money spent by 
 14.10  the corporation in the previous year, including an 
 14.11  identification of the total expenditures, other than corporate 
 14.12  administrative expenditures; 
 14.13     (4) a description of the administrative expenses of the 
 14.14  corporation during the previous year; 
 14.15     (5) a description of the repair and maintenance needs of 
 14.16  the stadium, and financial resources for such upkeep; 
 14.17     (6) a description of development and community needs in the 
 14.18  areas adjacent to the stadium; and 
 14.19     (7) a listing of the assets and liabilities of the 
 14.20  corporation at the end of the previous fiscal year. 
 14.21     Sec. 22.  [473I.11] [ADMISSION TAX.] 
 14.22     An admission tax of ten percent of the cost of admission is 
 14.23  imposed upon the granting, issuance, sale, or distribution, by 
 14.24  any private or public person, association, or corporation, of 
 14.25  the privilege of admission to activities at the football 
 14.26  stadium.  No other tax, surcharge, or governmental imposition, 
 14.27  except the taxes imposed under chapter 297A, may be levied by 
 14.28  any other unit of government upon that sale or distribution.  
 14.29  The admission tax must be stated and charged separately from the 
 14.30  sales price so far as practicable and must be collected by the 
 14.31  grantor, issuer, seller, or distributor from the person admitted 
 14.32  and is a debt from that person to the grantor, issuer, seller, 
 14.33  or distributor.  The tax required to be collected is a debt owed 
 14.34  by the grantor, issuer, seller, or distributor to the state.  
 14.35  The debt is recoverable at law in the same manner as other 
 14.36  debts.  Every person who grants, issues, sells, or distributes 
 15.1   tickets for the admissions may be required, as provided in 
 15.2   resolutions of the corporation, to secure a permit, file 
 15.3   returns, deposit security for the payment of the tax, and pay 
 15.4   penalties for nonpayment and interest on late payments, that are 
 15.5   considered necessary or expedient to ensure the prompt and 
 15.6   uniform collection of the tax.  Receipts from the admission tax 
 15.7   must be deposited in the football stadium fund. 
 15.8      Sec. 23. [473I.12] [STADIUM PARKING SURCHARGE.] 
 15.9      The state shall impose a parking tax or surcharge, or both, 
 15.10  of not less than $1 per vehicle for professional and collegiate 
 15.11  game days at the football stadium, to be collected by the 
 15.12  corporation.  The parking tax and surcharge apply to the parking 
 15.13  spaces designated under section 473I.04, subdivision 7.  
 15.14  Receipts from the tax and surcharge must be deposited in the 
 15.15  football stadium fund.  
 15.16     Sec. 24.  [473I.13] [MEDIA OUTLET FEES.] 
 15.17     The corporation shall impose fees on each radio, 
 15.18  television, cable television, or other entity that uses the 
 15.19  facility to broadcast or transmit football games played at the 
 15.20  stadium.  These fees must equal at least $10,000 per game for 
 15.21  television, or cable television and $5,000 per game for radio 
 15.22  and other types of broadcasts or transmissions.  Receipts from 
 15.23  the fees must be deposited in the football stadium fund.  
 15.24     Sec. 25.  [473I.14] [FOOTBALL STADIUM FUND.] 
 15.25     A football stadium fund is created in the state treasury.  
 15.26  The fund consists of all money credited to the fund by law.  All 
 15.27  money required to pay and retire debt issued for the 
 15.28  construction of the football stadium and all money required by 
 15.29  the corporation for the operation and maintenance of the 
 15.30  football stadium, as determined by the commissioner of finance, 
 15.31  is appropriated to the commissioner of finance for those 
 15.32  purposes.  The commissioner of finance must make a plan for 
 15.33  allocating revenues credited to the football stadium fund which 
 15.34  exceed the amounts necessary for debt service and operation and 
 15.35  maintenance toward defeasement of the bonds issued for the 
 15.36  construction of the football stadium.  Within 90 days of the 
 16.1   date when the bonds issued for the construction of the football 
 16.2   stadium have been repaid or defeased, the commissioner of 
 16.3   finance must report to the legislature on projected future needs 
 16.4   for operating, maintenance, renovation, and refurbishment of the 
 16.5   football stadium and make recommendations for the expiration of 
 16.6   the taxes, fees, and other revenues which are credited to the 
 16.7   football stadium fund by law. 
 16.8      Sec. 26.  [473I.15] [DISSOLUTION.] 
 16.9      On July 1, 2051, the Minnesota Nonprofit Football 
 16.10  Corporation, Inc. is dissolved and all the assets, holdings, and 
 16.11  investments of the corporation are transferred to the university 
 16.12  in exchange for the assumption of all outstanding obligations of 
 16.13  the corporation. 
 16.14     Sec. 27.  [APPROPRIATION.] 
 16.15     (a) $160,000,000 is appropriated from the bond proceeds 
 16.16  fund to the department of finance for the construction of a 
 16.17  football stadium to be constructed and owned by the Minnesota 
 16.18  Nonprofit Football Corporation, Inc., created under section 
 16.19  473I.03.  
 16.20     (b) The appropriation is available when the commissioner of 
 16.21  finance determines that: 
 16.22     (1) the corporation has received $151,500,000 from the 
 16.23  Minnesota Vikings football team and the National Football 
 16.24  League; 
 16.25     (2) the corporation has executed an agreement with the 
 16.26  football team to use the football stadium for all scheduled 
 16.27  preseason home games, regular season home games, and play-off 
 16.28  home games each season.  The agreement shall be for a period of 
 16.29  not less than 30 years; 
 16.30     (3) the corporation has entered into a lease with the 
 16.31  University of Minnesota as provided in section 473I.05, covering 
 16.32  all real property, including all easements and other 
 16.33  appurtenances needed for the construction and operation of the 
 16.34  football stadium, designation of parking spaces, and agreement 
 16.35  to use the facility for home football games for not less than 30 
 16.36  years. 
 17.1      Sec. 28.  [CONSTRUCTION EXEMPTIONS.] 
 17.2      The Minnesota Nonprofit Football Corporation, Inc., created 
 17.3   under Minnesota Statutes, section 473I.03, is allowed to use a 
 17.4   method of construction known as "design-build" in the 
 17.5   construction of a football stadium.  The architect or firm 
 17.6   selected by the corporation is exempt from any requirements 
 17.7   under Minnesota Statutes, chapter 16B. 
 17.8      Sec. 29. [EFFECTIVE DATE.] 
 17.9      Sections 1 to 28 are effective the day following final 
 17.10  enactment.