SF 1612

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to amateur sports; providing for the 
  1.3             Minnesota Access Facilities Development Act; 
  1.4             appropriating money; amending Minnesota Statutes 1998, 
  1.5             sections 297A.44, subdivision 1; 373.40, subdivision 
  1.6             1; 471.16, subdivision 1; and 475.58, by adding a 
  1.7             subdivision; proposing coding for new law in Minnesota 
  1.8             Statutes, chapters 240A; and 373. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [PURPOSE.] 
  1.11     The purpose of sections 1 and 2, the Minnesota Access 
  1.12  Facilities Development Act, is to stimulate the acquisition and 
  1.13  development of additional publicly owned and managed facilities 
  1.14  primarily for soccer and other amateur athletic activities 
  1.15  through the assistance of state financial aid and incentives. 
  1.16     Sec. 2.  [240A.12] [PLANNED DEVELOPMENT; GRANT CRITERIA.] 
  1.17     Subdivision 1.  [COMMISSION MUST PLAN.] The Minnesota 
  1.18  amateur sports commission must develop a plan to stimulate the 
  1.19  development of new facilities primarily for soccer and other 
  1.20  amateur athletic activities throughout the state and the 
  1.21  submission of proposals for grants to assist with the 
  1.22  development of these facilities. 
  1.23     Subd. 2.  [WHAT IS IN THE PLAN.] The plan shall include an 
  1.24  assessment of needs, development and financing alternatives, 
  1.25  geographic and demographic considerations, management and use 
  1.26  policies, and standards for the design and construction of 
  1.27  soccer fields and other athletic facilities.  Before the 
  2.1   adoption of the plan, the commission shall hold public meetings 
  2.2   in at least three locations throughout the state to receive 
  2.3   comment.  The plan shall cover a 20-year development period. 
  2.4      Subd. 3.  [GRANT PARAMETERS.] The commission shall award 
  2.5   grants to assist in the implementation of the plan according to 
  2.6   the parameters in this subdivision. 
  2.7      (a) The location of all proposed facilities must be in 
  2.8   areas of maximum demonstrated interest and must be served by 
  2.9   reasonable access to an arterial highway. 
  2.10     (b) Proposed facilities must be disbursed equitably and be 
  2.11  located to maximize the potential for their full utilization and 
  2.12  profitable operation. 
  2.13     (c) To the extent possible, 50 percent of all grants under 
  2.14  section 9, subdivision 1, must be awarded to communities in 
  2.15  greater Minnesota and 75 percent of all grants shall be awarded 
  2.16  for facilities in communities not located in Ramsey or Hennepin 
  2.17  counties. 
  2.18     (d) Proposals that are supported and funded by more than 
  2.19  one local governmental unit must be given priority. 
  2.20     (e) Priority must also be based on demonstrated need and 
  2.21  future use. 
  2.22     (f) Priority must also be given to facilities that include 
  2.23  two or more contiguous soccer fields. 
  2.24     Subd. 4.  [GRANT PROCEDURE AND REQUIREMENT.] The commission 
  2.25  must establish a date for the submission of applications once 
  2.26  each year.  The award of grants should be made 90 days after the 
  2.27  application deadline. 
  2.28     Subd. 5.  [PROJECT COSTS.] Grants under section 9, 
  2.29  subdivision 1, may be awarded to pay for project costs in an 
  2.30  amount not to exceed $250,000 per facility including, first, up 
  2.31  to at least 25 percent of the total project costs for each 
  2.32  soccer field.  Project costs include costs for land, site 
  2.33  development, grading, vegetative cover, water and irrigation 
  2.34  systems, fencing, lighting, parking, and restroom facilities. 
  2.35     Subd. 6.  [GRANT AGREEMENTS.] Grant awards must be 
  2.36  documented and governed by an agreement between the Minnesota 
  3.1   amateur sports commission and the local governmental units 
  3.2   receiving the award.  The agreement must specify the source and 
  3.3   amount of additional funding needed to cover project costs, 
  3.4   ownership, use, and maintenance obligations. 
  3.5      Sec. 3.  Minnesota Statutes 1998, section 297A.44, 
  3.6   subdivision 1, is amended to read: 
  3.7      Subdivision 1.  (a) Except as provided in paragraphs (b) to 
  3.8   (d), all revenues, including interest and penalties, derived 
  3.9   from the excise and use taxes imposed by sections 297A.01 to 
  3.10  297A.44 shall be deposited by the commissioner in the state 
  3.11  treasury and credited to the general fund.  
  3.12     (b) All excise and use taxes derived from sales and use of 
  3.13  property and services purchased for the construction and 
  3.14  operation of an agricultural resource project, from and after 
  3.15  the date on which a conditional commitment for a loan guaranty 
  3.16  for the project is made pursuant to section 41A.04, subdivision 
  3.17  3, shall be deposited in the Minnesota agricultural and economic 
  3.18  account in the special revenue fund.  The commissioner of 
  3.19  finance shall certify to the commissioner the date on which the 
  3.20  project received the conditional commitment.  The amount 
  3.21  deposited in the loan guaranty account shall be reduced by any 
  3.22  refunds and by the costs incurred by the department of revenue 
  3.23  to administer and enforce the assessment and collection of the 
  3.24  taxes.  
  3.25     (c) All revenues, including interest and penalties, derived 
  3.26  from the excise and use taxes imposed on sales and purchases 
  3.27  included in section 297A.01, subdivision 3, paragraphs (d) and 
  3.28  (k), clauses (1) and (2), must be deposited by the commissioner 
  3.29  in the state treasury, and credited as follows: 
  3.30     (1) first, to the general obligation special tax bond debt 
  3.31  service account in each fiscal year the amount required by 
  3.32  section 16A.661, subdivision 3, paragraph (b); and 
  3.33     (2) second, to the Minnesota access facilities development 
  3.34  account, hereby established, for the purposes of appropriations 
  3.35  made pursuant to the Minnesota Access Facilities Development 
  3.36  Act; and 
  4.1      (3) after the requirements of clause clauses (1) and (2) 
  4.2   have been met, the balance must be credited to the general fund. 
  4.3      (d) The revenues, including interest and penalties, 
  4.4   collected under section 297A.135, subdivision 5, shall be 
  4.5   deposited by the commissioner in the state treasury and credited 
  4.6   to the general fund.  By July 15 of each year the commissioner 
  4.7   shall transfer to the highway user tax distribution fund an 
  4.8   amount equal to the excess fees collected under section 
  4.9   297A.135, subdivision 5, for the previous calendar year. 
  4.10     Sec. 4.  Minnesota Statutes 1998, section 373.40, 
  4.11  subdivision 1, is amended to read: 
  4.12     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  4.13  section, the following terms have the meanings given. 
  4.14     (a) "Bonds" means an obligation as defined under section 
  4.15  475.51. 
  4.16     (b) "Capital improvement" means acquisition or betterment 
  4.17  of public lands, buildings, or other improvements within the 
  4.18  county for the purpose of a county courthouse, administrative 
  4.19  building, health or social service facility, correctional 
  4.20  facility, jail, law enforcement center, hospital, morgue, 
  4.21  library, park, qualified indoor ice arena, and roads and 
  4.22  bridges.  An improvement must have an expected useful life of 
  4.23  five years or more to qualify. "Capital improvement" does not 
  4.24  include light rail transit or any activity related to it or a 
  4.25  recreation or sports facility building (such as, but not limited 
  4.26  to, a gymnasium, ice arena, racquet sports facility, swimming 
  4.27  pool, exercise room or health spa), unless the building is part 
  4.28  of an outdoor park facility and is incidental to the primary 
  4.29  purpose of outdoor recreation. 
  4.30     (c) "Commissioner" means the commissioner of trade and 
  4.31  economic development. 
  4.32     (d) "Metropolitan county" means a county located in the 
  4.33  seven-county metropolitan area as defined in section 473.121 or 
  4.34  a county with a population of 90,000 or more. 
  4.35     (e) "Population" means the population established by the 
  4.36  most recent of the following (determined as of the date the 
  5.1   resolution authorizing the bonds was adopted): 
  5.2      (1) the federal decennial census, 
  5.3      (2) a special census conducted under contract by the United 
  5.4   States Bureau of the Census, or 
  5.5      (3) a population estimate made either by the metropolitan 
  5.6   council or by the state demographer under section 4A.02. 
  5.7      (f) "Qualified indoor ice arena" means a facility that 
  5.8   meets the requirements of section 373.43. 
  5.9      (g) "Qualified amateur athletic facility" means a facility 
  5.10  that meets the conditions of section 5. 
  5.11     (h) "Tax capacity" means total taxable market value, but 
  5.12  does not include captured market value. 
  5.13     Sec. 5.  [373.45] [FINANCING AUTHORITY; AMATEUR ATHLETIC 
  5.14  FACILITIES.] 
  5.15     (a) A county may issue and sell its general obligations 
  5.16  under chapter 475 to finance the acquisition and construction of 
  5.17  a qualified amateur athletic facility intended to be used 
  5.18  predominantly for youth athletic activities if all the 
  5.19  conditions in this section are met. 
  5.20     (b) The obligations must be secured by a pledge of revenues 
  5.21  from the facility and the county must have a qualified agreement.
  5.22     (c) A "qualified agreement" means a joint powers agreement 
  5.23  with the school district or the city in which the facility is 
  5.24  located that governs ownership, operation, and maintenance of 
  5.25  the facility or an agreement with a nonprofit corporation, 
  5.26  qualifying under section 501(c)(3) of the Internal Revenue Code 
  5.27  of 1986, that provides that the corporation will operate, 
  5.28  manage, and maintain the facility; or a combination of the two. 
  5.29     (d) A qualified agreement must provide that all parties 
  5.30  must pay the principal and interest on obligations, if the 
  5.31  revenues for the facility are insufficient to pay in full or in 
  5.32  part the principal and interest on obligations. 
  5.33     (e) The county board must find, based on analysis provided 
  5.34  by a professional experienced in finance, that the facility's 
  5.35  revenues and other available money will be sufficient to pay the 
  5.36  obligations, without reliance on a property tax levy or the 
  6.1   general purpose state aid of the county or any party to a joint 
  6.2   powers agreement. 
  6.3      Sec. 6.  [373.46] [REVENUE FINANCING; AMATEUR ATHLETIC 
  6.4   FACILITIES.] 
  6.5      For the purpose of acquiring, leasing, equipping, and 
  6.6   maintaining land or buildings for use as a qualified amateur 
  6.7   athletic facility as defined in section 5, a county has the same 
  6.8   authority and powers granted to a city by section 471.191. 
  6.9      Sec. 7.  Minnesota Statutes 1998, section 471.16, 
  6.10  subdivision 1, is amended to read: 
  6.11     Subdivision 1.  [INCLUDES NONPROFITS; DELEGATION.] Any 
  6.12  city, however organized, or any town, county, school district, 
  6.13  or any board thereof, or any incorporated post of the American 
  6.14  Legion or any other incorporated veterans' organization, may 
  6.15  operate such a program independently, or they may cooperate 
  6.16  among themselves or with any nonprofit organization, except for 
  6.17  a qualified amateur athletic facility as defined in section 
  6.18  373.40, paragraph (g), in its conduct and in any manner in which 
  6.19  they may mutually agree; or they may delegate the operation of 
  6.20  the program to a recreation board created by one or more of 
  6.21  them, and appropriate money voted for this purpose to such board 
  6.22  which may in turn support or cooperate with a nonprofit 
  6.23  organization.  
  6.24     Sec. 8.  Minnesota Statutes 1998, section 475.58, is 
  6.25  amended by adding a subdivision to read: 
  6.26     Subd. 3a.  [YOUTH ATHLETIC FACILITIES.] (a) A municipality 
  6.27  may, without regard to the election requirement under 
  6.28  subdivision 1 or under any other provision of law or a home rule 
  6.29  charter, issue and sell obligations to finance acquisition, 
  6.30  improvement, or construction of amateur athletic facilities 
  6.31  intended to be used predominantly for soccer and other youth 
  6.32  athletic activities if all the conditions in this subdivision 
  6.33  are met. 
  6.34     (b) The obligations must be secured by a pledge of revenues 
  6.35  from the facility and the facility and its financing must be 
  6.36  approved by resolutions of at least two of the following 
  7.1   governing bodies: 
  7.2      (1) the city in which the facility is located; 
  7.3      (2) the school district in which the facility is located; 
  7.4   and 
  7.5      (3) the county in which the facility is located. 
  7.6      (c) The governing body of the municipality must find, based 
  7.7   on analysis provided by a professional experienced in finance, 
  7.8   that the facility's revenues and other available money will be 
  7.9   sufficient to pay the obligations, without reliance on a 
  7.10  property tax levy or the municipality's general purpose state 
  7.11  aid. 
  7.12     (d) No petition for an election has been timely filed under 
  7.13  paragraph (e). 
  7.14     (e) At least 30 days before issuing obligations under this 
  7.15  subdivision, the municipality must hold a public hearing on the 
  7.16  issue.  The municipality must publish or provide notice of the 
  7.17  hearing in the same manner provided for its regular meetings.  
  7.18  The obligations are not exempt from the election requirement 
  7.19  under this subdivision, if: 
  7.20     (1) registered voters equal to ten percent of the votes 
  7.21  cast in the last general election in the municipality sign a 
  7.22  petition requesting a vote on the issue; and 
  7.23     (2) the petition is filed with the municipality within 20 
  7.24  days after the public hearing. 
  7.25     (f) This subdivision expires December 31, 2001. 
  7.26     Sec. 9.  [APPROPRIATIONS.] 
  7.27     Subdivision 1.  [TO AMATEUR SPORTS COMMISSION UNDER SECTION 
  7.28  240A.12.] $12,500,000 is appropriated in fiscal year 2000 from 
  7.29  the Minnesota access facilities development account established 
  7.30  in Minnesota Statutes, section 297A.44, to the Minnesota amateur 
  7.31  sports commission to provide grants for amateur athletic 
  7.32  facilities pursuant to Minnesota Statutes, section 240A.12.  Up 
  7.33  to $250,000 of this amount may be used by the commission to 
  7.34  prepare the plan for the development of youth soccer facilities 
  7.35  and to administer the grant program. 
  7.36     Subd. 2.  [FOR GRANTS TO HENNEPIN COUNTY.] $4,000,000 is 
  8.1   appropriated from the Minnesota access facilities development 
  8.2   account established in Minnesota Statutes, section 297A.44, to 
  8.3   the Minnesota amateur sports commission to provide grants to 
  8.4   Hennepin county to pay 50 percent of the project costs for two 
  8.5   or more multifield amateur athletic facilities primarily for 
  8.6   youth soccer.  The grant award must be effected by agreements 
  8.7   developed pursuant to Minnesota Statutes, section 240A.12, 
  8.8   subdivision 5. 
  8.9      Subd. 3.  [FOR GRANTS TO RAMSEY COUNTY.] (a) $5,000,000 is 
  8.10  appropriated in fiscal year 2000 from the Minnesota access 
  8.11  facilities development account established in Minnesota 
  8.12  Statutes, section 297A.44, to the Minnesota amateur sports 
  8.13  commission to provide grants to Ramsey county to pay:  
  8.14     (1) 50 percent of the project costs for two or more 
  8.15  multifield amateur athletic facilities primarily for youth 
  8.16  soccer; and 
  8.17     (2) 50 percent of the project costs for site planning and 
  8.18  facility design for a tournament style soccer facility to be 
  8.19  located in or near downtown St. Paul. 
  8.20     (b) The grant awards must be effected by agreements 
  8.21  developed pursuant to Minnesota Statutes, section 240A.12, 
  8.22  subdivision 5. 
  8.23     Sec. 10.  [EFFECTIVE DATE.] 
  8.24     Sections 1 to 9 are effective the day following their final 
  8.25  enactment.