SF 1857

4th Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to a baseball park; financing a major league 
  1.3             baseball park; providing for the issuance of bonds; 
  1.4             altering the membership of the metropolitan sports 
  1.5             facilities commission; imposing requirements on the 
  1.6             commission; providing property and sales tax 
  1.7             exemptions; imposing taxes and fees; providing funding 
  1.8             for local housing programs; authorizing local taxes by 
  1.9             referendum; requiring conditions for financing of a 
  1.10            football stadium; providing funding for St. Paul 
  1.11            family housing; creating a site selection commission; 
  1.12            establishing requirements for sale of a professional 
  1.13            baseball team; appropriating money; amending Minnesota 
  1.14            Statutes 2000, sections 272.02, by adding a 
  1.15            subdivision; 297A.71, by adding a subdivision; 
  1.16            473.551, by adding subdivisions; 473.553, subdivisions 
  1.17            2, 3, 5; 473.595, subdivisions 1, 3, 7, by adding 
  1.18            subdivisions; proposing coding for new law in 
  1.19            Minnesota Statutes, chapters 295; 473; repealing 
  1.20            Minnesota Statutes 2000, section 473.553, subdivision 
  1.21            14. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23     Section 1.  Minnesota Statutes 2000, section 272.02, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 50.  [BASEBALL PARK; FOOTBALL STADIUM.] Real or 
  1.26  personal property acquired, owned, leased, controlled, used, or 
  1.27  occupied by the metropolitan sports facilities commission for 
  1.28  the purposes of a baseball park or a football stadium 
  1.29  constructed under sections 473.5961 to 473.5967, is exempt from 
  1.30  taxation as provided in section 473.556, provided that the 
  1.31  property is subject to special assessments levied by a political 
  1.32  subdivision for a local improvement in amounts proportionate to 
  1.33  and not exceeding the special benefit received by the property 
  2.1   from the improvement.  No use of the property in any manner 
  2.2   different from its use under sections 473.5961 to 473.5967, at 
  2.3   the time shall be considered in determining the special benefit 
  2.4   received by the property.  Notwithstanding section 272.01, 
  2.5   subdivision 2, or 273.19, real or personal property leased by 
  2.6   the commission for uses related to the purposes of sections 
  2.7   473.5961 to 473.5967, is exempt from taxation. 
  2.8      Sec. 2.  [295.61] [SPORTS MEMORABILIA TAX.] 
  2.9      Subdivision 1.  [TAX.] A tax is imposed on each sale at 
  2.10  wholesale of sports memorabilia in the state.  The rate of the 
  2.11  tax is 13 percent of the gross revenues from the sale. 
  2.12     Subd. 2.  [DEFINITIONS.] (a) For purposes of this section, 
  2.13  the following terms have the meanings given them. 
  2.14     (b) "Buyer" means any person that purchases sports 
  2.15  memorabilia at wholesale. 
  2.16     (c) "Commissioner" means the commissioner of revenue. 
  2.17     (d) "Sale" means a transfer of title or possession of 
  2.18  tangible personal property, whether absolutely or conditionally. 
  2.19     (e) "Sports memorabilia" means football, baseball, hockey, 
  2.20  and basketball items available for sale to the public that are 
  2.21  sold under a license granted by a professional sports league, 
  2.22  association, franchise, or team; the National Collegiate 
  2.23  Athletic Association (NCAA); NCAA Division I college or 
  2.24  university; and an NCAA affiliated or corresponding member, 
  2.25  including, but not limited to: 
  2.26     (1) items related to sports figures, teams, games, or 
  2.27  events; 
  2.28     (2) trading cards; 
  2.29     (3) photographs; 
  2.30     (4) clothing; 
  2.31     (5) sports event licensed items; 
  2.32     (6) sports equipment; and 
  2.33     (7) items bearing team or league logos or registered 
  2.34  trademarks. 
  2.35     (f) "Wholesale" or "sale at wholesale" means a sale to a 
  2.36  retailer, as defined in section 297A.61, subdivision 9, for the 
  3.1   purpose of reselling the property to a third party. 
  3.2      (g) "Wholesaler" means any person making wholesale sales of 
  3.3   sports memorabilia to buyers in the state. 
  3.4      Subd. 3.  [QUARTERLY ESTIMATED PAYMENTS.] (a) Each 
  3.5   wholesaler must make estimated payments of the tax for the 
  3.6   calendar year to the commissioner in quarterly installments by 
  3.7   April 15, July 15, October 15, and January 15 of the following 
  3.8   calendar year. 
  3.9      (b) Estimated tax payments are not required if the tax for 
  3.10  the calendar year is less than $500. 
  3.11     (c) An underpayment of estimated installments bears 
  3.12  interest at the rate specified in section 270.75, from the due 
  3.13  date of the payment until paid or until the due date of the 
  3.14  annual return at the rate specified in section 270.75.  An 
  3.15  underpayment of an estimated installment is the difference 
  3.16  between the amount paid and the lesser of (1) 90 percent of 
  3.17  one-quarter of the tax for the calendar year, or (2) the tax for 
  3.18  the actual gross revenues received during the quarter. 
  3.19     Subd. 4.  [ELECTRONIC FUNDS-TRANSFER PAYMENTS.] A taxpayer 
  3.20  with an aggregate tax liability of $120,000 or more during a 
  3.21  fiscal year ending June 30, must remit all liabilities by funds 
  3.22  transfer as defined in section 336.4A-104, paragraph (a), in the 
  3.23  next calendar year.  The funds-transfer payment date, as defined 
  3.24  in section 336.4A-401, is on or before the first funds-transfer 
  3.25  business day after the date the tax is due. 
  3.26     Subd. 5.  [ANNUAL RETURN.] The taxpayer must file an annual 
  3.27  return reconciling the estimated payments by March 15 of the 
  3.28  following calendar year. 
  3.29     Subd. 6.  [FORM OF RETURNS.] The estimated payments and 
  3.30  annual return must contain the information and be in the form 
  3.31  prescribed by the commissioner. 
  3.32     Subd. 7.  [USE TAX.] If the tax is not paid under this 
  3.33  section, a tax is imposed on possession for sale or use of 
  3.34  sports memorabilia in the state.  The rate of tax equals the 
  3.35  rate under this section, and must be paid by the possessor of 
  3.36  the items. 
  4.1      Subd. 8.  [APPLICATION OF OTHER CHAPTERS.] Unless 
  4.2   specifically provided otherwise by this section, the 
  4.3   enforcement, interest, and penalty provisions under chapter 
  4.4   289A, appeal provisions in sections 289A.65 and 289A.43, 
  4.5   criminal penalties under section 289A.63, refund provisions in 
  4.6   section 289A.50, and collection and rulemaking provisions under 
  4.7   chapter 270, apply to the tax under this section. 
  4.8      Subd. 9.  [DISPOSITION OF REVENUES.] The commissioner shall 
  4.9   deposit all revenues, including interest and penalties, derived 
  4.10  from the tax imposed under this section in the state treasury 
  4.11  and credit them to the sports facilities account. 
  4.12     [EFFECTIVE DATE.] This section is effective for sales made 
  4.13  on or after the first day of the second month following 
  4.14  enactment. 
  4.15     Sec. 3.  Minnesota Statutes 2000, section 297A.71, is 
  4.16  amended by adding a subdivision to read: 
  4.17     Subd. 28.  [CONSTRUCTION MATERIALS; BASEBALL PARK OR 
  4.18  FOOTBALL STADIUM.] Construction materials and supplies used or 
  4.19  consumed in the construction of a baseball park constructed for 
  4.20  use by a major league baseball team or a football stadium, as 
  4.21  authorized under sections 473.5961 to 473.5967, are exempt.  
  4.22  This subdivision expires for the baseball park or football 
  4.23  stadium one year after substantial completion of that facility. 
  4.24     Sec. 4.  Minnesota Statutes 2000, section 473.551, is 
  4.25  amended by adding a subdivision to read: 
  4.26     Subd. 18.  [BASEBALL PARK.] "Baseball park" means the 
  4.27  sports facility for major league professional baseball stadium 
  4.28  authorized under sections 473.5961 to 473.5965. 
  4.29     Sec. 5.  Minnesota Statutes 2000, section 473.551, is 
  4.30  amended by adding a subdivision to read: 
  4.31     Subd. 19.  [FOOTBALL STADIUM.] "Football stadium" means a 
  4.32  single unit sports facility for university and professional 
  4.33  football. 
  4.34     Sec. 6.  Minnesota Statutes 2000, section 473.551, is 
  4.35  amended by adding a subdivision to read: 
  4.36     Subd. 20.  [FOOTBALL TEAM.] "Football team" means the 
  5.1   Minnesota Vikings Football Club, Inc., its successors or assigns 
  5.2   or any other professional football team that holds a national 
  5.3   football league franchise in Minnesota. 
  5.4      Sec. 7.  Minnesota Statutes 2000, section 473.551, is 
  5.5   amended by adding a subdivision to read: 
  5.6      Subd. 21.  [PROFESSIONAL SPORTS FACILITIES CONSTRUCTED WITH 
  5.7   STATE ASSISTANCE.] "Professional sports facilities constructed 
  5.8   with state assistance" means the metrodome, the baseball park 
  5.9   constructed under sections 473.5961 to 473.5965, the basketball 
  5.10  and hockey arena that receives payments under section 240A.08, 
  5.11  the arena for which funding was provided under Laws 1998, 
  5.12  chapter 404, section 23, subdivision 6, and any facility at 
  5.13  which professional sports events are conducted that receives 
  5.14  financial assistance for its construction or remodeling after 
  5.15  the date of enactment of this act. 
  5.16     Sec. 8.  Minnesota Statutes 2000, section 473.553, 
  5.17  subdivision 2, is amended to read: 
  5.18     Subd. 2.  [MEMBERSHIP.] The commission shall consist of six 
  5.19  eight members, appointed by the city council of the city in 
  5.20  which the stadium is located governor and confirmed by the 
  5.21  senate plus a chair appointed as provided in subdivision 3.  One 
  5.22  member must be a resident of the area included within the 
  5.23  following metropolitan council districts described in section 
  5.24  473.123, subdivision 3a: 
  5.25     (1) the first and second districts; 
  5.26     (2) the third and fourth districts; 
  5.27     (3) the fifth and sixth districts; 
  5.28     (4) the seventh and eighth districts; 
  5.29     (5) the ninth and tenth districts; 
  5.30     (6) the eleventh and twelfth districts; 
  5.31     (7) the thirteenth and fourteenth districts; and 
  5.32     (8) the fifteenth and sixteenth districts. 
  5.33     Sec. 9.  Minnesota Statutes 2000, section 473.553, 
  5.34  subdivision 3, is amended to read: 
  5.35     Subd. 3.  [CHAIR.] The chair shall be appointed by the 
  5.36  governor and confirmed by the senate as the ninth voting member 
  6.1   and shall meet all of the qualifications of a member, except the 
  6.2   chair need only must reside outside the city of Minneapolis 
  6.3   metropolitan area defined in section 473.121, subdivision 2.  
  6.4   The chair shall preside at all meetings of the commission, if 
  6.5   present, and shall perform all other duties and functions 
  6.6   assigned by the commission or by law. The commission may appoint 
  6.7   from among its members a vice-chair to act for the chair during 
  6.8   temporary absence or disability. 
  6.9      Sec. 10.  Minnesota Statutes 2000, section 473.553, 
  6.10  subdivision 5, is amended to read: 
  6.11     Subd. 5.  [TERMS.] The terms of all members appointed under 
  6.12  section 473.553, end January 5, 2003, and eight new members must 
  6.13  be appointed under subdivision 2 with terms beginning January 6, 
  6.14  2003.  The terms of three the members shall end the first Monday 
  6.15  in January in the year ending in the numeral "5" appointed from 
  6.16  the districts described in odd-numbered clauses under 
  6.17  subdivision 2 for terms beginning January 6, 2003, end January 
  6.18  2, 2006.  The terms of the other members and the chair shall end 
  6.19  the first Monday in January in the year ending in the numeral 
  6.20  "7" 2008.  The term Subsequent terms of each member and the 
  6.21  chair shall be four years.  The terms shall continue until a 
  6.22  successor is appointed and qualified.  Members may be removed 
  6.23  only for cause. 
  6.24     Sec. 11.  Minnesota Statutes 2000, section 473.595, 
  6.25  subdivision 1, is amended to read: 
  6.26     Subdivision 1.  [METRODOME ADMISSION TAX.] (a) The 
  6.27  commission shall by resolution impose and maintain a ten 15 
  6.28  percent admission tax upon the granting, issuance, sale, or 
  6.29  distribution, by any private or public person, association, or 
  6.30  corporation, of the privilege of admission to activities at the 
  6.31  metrodome.  No other tax, surcharge, or governmental imposition, 
  6.32  except the taxes imposed by chapter 297A, may be levied by any 
  6.33  other unit of government upon any such sale or distribution.  
  6.34  The admission tax shall be stated and charged separately from 
  6.35  the sales price so far as practicable and shall be collected by 
  6.36  the grantor, seller, or distributor from the person admitted and 
  7.1   shall be a debt from that person to the grantor, issuer, seller, 
  7.2   or distributor, and the tax required to be collected shall 
  7.3   constitute a debt owed by the grantor, issuer, seller, or 
  7.4   distributor to the commission, which shall be recoverable at law 
  7.5   in the same manner as other debts.  Every person granting, 
  7.6   issuing, selling, or distributing tickets for such admissions 
  7.7   may be required, as provided in resolutions of the commission, 
  7.8   to secure a permit, to file returns, to deposit security for the 
  7.9   payment of the tax, and to pay such penalties for nonpayment and 
  7.10  interest on late payments, as shall be deemed necessary or 
  7.11  expedient to assure the prompt and uniform collection of the tax.
  7.12     (b) One-third of the receipts from this tax must be 
  7.13  deposited in the sports facilities account. 
  7.14     (c) Notwithstanding any other provisions of this 
  7.15  subdivision, the imposition of an admission tax upon a national 
  7.16  superbowl football game conducted at the metrodome is 
  7.17  discretionary with the commission.  
  7.18     [EFFECTIVE DATE.] This section is effective for sales of 
  7.19  admissions to the metrodome on or after the first day of the 
  7.20  second month following enactment of this act. 
  7.21     Sec. 12.  Minnesota Statutes 2000, section 473.595, is 
  7.22  amended by adding a subdivision to read: 
  7.23     Subd. 1b.  [BASEBALL PARK AND FOOTBALL STADIUM ADMISSION 
  7.24  TAXES.] In addition to the taxes imposed under chapter 297A, the 
  7.25  commission shall impose an admission tax of ten percent of the 
  7.26  cost of admission upon the granting, issuance, sale, or 
  7.27  distribution, by any private or public person, association, or 
  7.28  corporation, of the privilege of admission to all professional 
  7.29  and collegiate sporting events, and all other events or 
  7.30  activities at the baseball park and at the football stadium.  No 
  7.31  other tax, surcharge, or governmental imposition, except the 
  7.32  taxes imposed under chapter 297A, may be levied by any other 
  7.33  unit of government upon that sale or distribution.  The 
  7.34  admission tax must be stated and charged separately from the 
  7.35  sales price so far as practicable and must be collected by the 
  7.36  grantor, issuer, seller, or distributor from the person admitted 
  8.1   and is a debt from that person to the grantor, issuer, seller, 
  8.2   or distributor.  The tax required to be collected is a debt owed 
  8.3   by the grantor, issuer, seller, or distributor to the commission.
  8.4   The debt is recoverable at law in the same manner as other debts.
  8.5   Every person who grants, issues, sells, or distributes tickets 
  8.6   for the admissions may be required, as provided by the 
  8.7   commission, to secure a permit, file returns, deposit security 
  8.8   for the payment of the tax, and pay penalties for nonpayment and 
  8.9   interest on late payments, that are considered necessary or 
  8.10  expedient to ensure the prompt and uniform collection of the 
  8.11  tax.  Receipts from this admission tax must be deposited in the 
  8.12  sports facilities account.  Receipts from admissions to baseball 
  8.13  games shall only be used to pay debt service on bonds issued to 
  8.14  finance a baseball park.  Receipts from admissions to football 
  8.15  games shall only be used to pay debt service on bonds issued to 
  8.16  finance a football stadium. 
  8.17     Sec. 13.  Minnesota Statutes 2000, section 473.595, is 
  8.18  amended by adding a subdivision to read: 
  8.19     Subd. 2a.  [GROSS REVENUES TAX.] The commission shall 
  8.20  impose a tax on each retail sale in the Hubert H. Humphrey 
  8.21  metrodome, the baseball park, and the football stadium equal to 
  8.22  6.5 percent of gross revenues.  Retail sales of sports 
  8.23  memorabilia that are subject to the gross revenues tax imposed 
  8.24  under section 295.61 are exempt from this tax.  The taxes 
  8.25  imposed under this subdivision are subject to the collection, 
  8.26  enforcement, and administrative provisions in section 297A.99, 
  8.27  subdivisions 6 and 9.  Receipts from this tax must be deposited 
  8.28  into the sports facilities account. 
  8.29     [EFFECTIVE DATE.] This section is effective for sales made 
  8.30  on or after the first day of the second month following 
  8.31  enactment. 
  8.32     Sec. 14.  Minnesota Statutes 2000, section 473.595, is 
  8.33  amended by adding a subdivision to read: 
  8.34     Subd. 2b.  [RENTS FOR SPACE AND EQUIPMENT USED FOR 
  8.35  BROADCASTING OR REPORTING.] The commission shall charge rent, or 
  8.36  a fee in lieu of rent, to all individuals, businesses, or 
  9.1   organizations who use property or equipment of sports facilities 
  9.2   constructed with state assistance to conduct broadcasting or 
  9.3   reporting of professional sports, collegiate sports, or 
  9.4   entertainment events.  The commission shall establish the rates 
  9.5   of rent or fees that represent the value of the use of the 
  9.6   facilities or equipment, and that will, in the opinion of the 
  9.7   commission, result in an annual total of all rents or fees paid 
  9.8   equal to or greater than $3,000,000.  Elementary and secondary 
  9.9   educational sports and events are exempt from rent or fees under 
  9.10  this section.  Receipts from the rent or fees shall be deposited 
  9.11  in the sports facilities account. 
  9.12     [EFFECTIVE DATE.] This section is effective for contracts 
  9.13  entered into after May 31, 2002, or rents due or incurred after 
  9.14  May 31, 2002. 
  9.15     Sec. 15.  Minnesota Statutes 2000, section 473.595, is 
  9.16  amended by adding a subdivision to read: 
  9.17     Subd. 2c.  [NAMING RIGHTS; REVENUE.] The commission shall 
  9.18  retain the naming rights, along with all revenue associated with 
  9.19  those rights, to the baseball park authorized under sections 
  9.20  473.5961 to 473.5965.  All revenue generated by an agreement 
  9.21  entered into with the commission for the sale, lease, or 
  9.22  transfer of naming rights to the baseball park shall be paid to 
  9.23  the sports facilities account. 
  9.24     Sec. 16.  Minnesota Statutes 2000, section 473.595, 
  9.25  subdivision 3, is amended to read: 
  9.26     Subd. 3.  [BUDGET PREPARATION; REVIEW AND APPROVAL.] (a) 
  9.27  The commission shall prepare a proposed budget by August 1 of 
  9.28  each year.  The budget shall include operating revenues and 
  9.29  expenditures for operation, administration, and maintenance.  In 
  9.30  addition, the budget must show for each year: 
  9.31     (a) (1) the estimated operating revenues from all sources 
  9.32  including funds on hand at the beginning of the year, and 
  9.33  estimated expenditures for costs of operation, administration, 
  9.34  maintenance, and debt service; 
  9.35     (b) (2) capital improvement funds estimated to be on hand 
  9.36  at the beginning of the year and estimated to be received during 
 10.1   the year from all sources and estimated cost of capital 
 10.2   improvements to be paid out or expended during the year; all in 
 10.3   such detail and form as the council may prescribe; and 
 10.4      (c) (3) the estimated source and use of pass-through funds. 
 10.5      As early as practicable before August 15 of each year, the 
 10.6   commission shall hold a public hearing on a draft of the 
 10.7   proposed budget.  Along with the draft, the commission shall 
 10.8   publish a report on user charges.  The report must include an 
 10.9   estimate and analysis of the changes in user charges, rates, and 
 10.10  fees that will be required by the commission's budget.  Not less 
 10.11  than 14 days before the hearing, the commission shall publish 
 10.12  notice of the hearing in a newspaper having general circulation 
 10.13  in the metropolitan area, stating the date, time, and place of 
 10.14  hearing, and the place where the proposed budget and report on 
 10.15  user charges may be examined by any interested person.  
 10.16  Following the hearing, the commission shall publish a report of 
 10.17  the hearing that summarizes the comments received and the 
 10.18  commission's response.  The council shall approve or disapprove 
 10.19  the entire budget by October 1 of each year.  Before December 15 
 10.20  of each year, the commission shall by resolution adopt a final 
 10.21  budget.  The commission shall file its final budget with the 
 10.22  council on or before December 20 of each year.  The council 
 10.23  shall file the budgets with the secretary of the senate and the 
 10.24  clerk of the house of representatives not later than January 1 
 10.25  of each year. 
 10.26     Except in an emergency, for which procedures must be 
 10.27  established by the commission, the commission and its officers, 
 10.28  agents, and employees may not spend money for any purpose, other 
 10.29  than debt service, without an appropriation by the commission, 
 10.30  and no obligation to make such an expenditure shall be 
 10.31  enforceable except as the obligation of the person or persons 
 10.32  incurring it.  The creation of any debt obligation or the 
 10.33  receipt of any federal or state grant is a sufficient 
 10.34  appropriation of the proceeds for the purpose for which it is 
 10.35  authorized, and of the tax or other revenues pledged to pay the 
 10.36  obligation and interest on it whether or not specifically 
 11.1   included in any annual budget.  After obtaining approval of the 
 11.2   council, the commission may amend the budget at any time by 
 11.3   transferring any appropriation from one purpose to another, 
 11.4   except appropriations of the proceeds of bonds issued for a 
 11.5   specific purpose. 
 11.6      (b) The commission shall deposit into the sports facilities 
 11.7   account $10,000,000 from its accumulated reserves. 
 11.8      (c) The commission may use its accumulated reserves to pay 
 11.9   debt service on the bonds issued under section 473.5963 during 
 11.10  the construction period of the baseball park. 
 11.11     [EFFECTIVE DATE.] This section is effective the day 
 11.12  following final enactment. 
 11.13     Sec. 17.  Minnesota Statutes 2000, section 473.595, 
 11.14  subdivision 7, is amended to read: 
 11.15     Subd. 7.  [SALE OF SEATS PERSONAL SEAT LICENSE.] The 
 11.16  commission may shall retain the right to sell seats in any 
 11.17  multipurpose sports facility at the baseball park constructed 
 11.18  after June 30, 1979 at prices and subject to conditions 
 11.19  consistent with this section June 30, 2002.  Ownership of a seat 
 11.20  shall give the owner first preference for purchase of a season 
 11.21  ticket of admission for professional sports exhibitions major 
 11.22  league baseball games with a right to be seated in the owned 
 11.23  seat.  An owner may sell or otherwise transfer the rights on 
 11.24  whatever terms the owner chooses.  Rights to a seat may not be 
 11.25  divided.  No fee may be charged for a transfer of ownership of a 
 11.26  seat.  The commission may charge a an annual maintenance fee not 
 11.27  exceeding $10 per year for each seat. 
 11.28     Sec. 18.  Minnesota Statutes 2000, section 473.595, is 
 11.29  amended by adding a subdivision to read: 
 11.30     Subd. 8.  [COMMEMORATIVE BRICKS.] The commission may sell 
 11.31  to the public commemorative bricks, plaques, or other items at 
 11.32  the baseball park and the football stadium.  Revenue from the 
 11.33  sale of the commemorative bricks and other items under this 
 11.34  subdivision must be deposited in the sports facilities account. 
 11.35     Sec. 19.  [473.5961] [DISPOSITION OF METRODOME.] 
 11.36     Upon termination of use by all professional football and 
 12.1   major league baseball tenants, the commission must sell the 
 12.2   metrodome property and transfer the sales proceeds to the sports 
 12.3   facilities account upon sale.  The commission must transfer its 
 12.4   accumulated reserves associated with the metrodome facility to 
 12.5   the sports facilities account within 60 days of the last 
 12.6   professional or collegiate football game played in the metrodome.
 12.7      Sec. 20.  [473.5962] [CONDITIONS TO ISSUANCE OF BONDS.] 
 12.8      Subdivision 1.  [GENERALLY.] The requirements set forth in 
 12.9   this section must be met before the metropolitan council may 
 12.10  issue bonds under section 473.5963 to finance a major league 
 12.11  baseball park. 
 12.12     Subd. 2.  [CONSTRUCTION OF BASEBALL PARK; MAXIMUM 
 12.13  PRICE.] The metropolitan sports facilities commission must have 
 12.14  executed agreements that provide for the construction of a 
 12.15  roof-ready baseball park to be owned by the commission for a 
 12.16  guaranteed maximum price not to exceed $370,000,000 and that 
 12.17  requires performance bonds in an amount at least equal to 100 
 12.18  percent of the guaranteed maximum price to cover any costs 
 12.19  incurred over and above the guaranteed maximum price, including, 
 12.20  but not limited to, costs incurred by the commission and loss of 
 12.21  revenues resulting from incomplete construction on the 
 12.22  substantial completion date.  The agreement shall include that 
 12.23  at least one-half of the cost of the baseball park must be 
 12.24  financed by the owner of the major league baseball team or by 
 12.25  other private sector financing and that the major league 
 12.26  baseball team is responsible for and must pay all cost overruns. 
 12.27     Subd. 3.  [MANAGER.] The commission must have entered into 
 12.28  a contract with a manager to operate the baseball park for the 
 12.29  use of the major league baseball team.  
 12.30     Subd. 4.  [AGREEMENT; TEAM.] The commission must have 
 12.31  entered into a use agreement with the major league baseball team 
 12.32  that provides: 
 12.33     (1) the major league baseball team must provide to the 
 12.34  commission of an amount not less than one-half of the 
 12.35  construction costs in private cash support for the cost of the 
 12.36  construction of the baseball park; 
 13.1      (2) the major league baseball team is responsible for and 
 13.2   must pay for all cost overruns incurred in construction of the 
 13.3   baseball park; 
 13.4      (3) in any year after bonds have been issued under section 
 13.5   473.5963, in which the balance in the sports facilities account 
 13.6   is less than $10,000,000, the commissioner of finance will 
 13.7   notify the owner of the major league baseball team, the owner of 
 13.8   the team will pay to the commissioner of finance the amount 
 13.9   equal to the difference between $10,000,000 and the balance in 
 13.10  the account, the payment must be deposited into the sports 
 13.11  facilities account; 
 13.12     (4) the major league baseball team will use the baseball 
 13.13  park for all scheduled home preseason, regular season, and 
 13.14  postseason games that the major league baseball team is entitled 
 13.15  to play at home for not less than 30 years without an escape 
 13.16  clause for the major league baseball team; 
 13.17     (5) the agreement shall specifically state that transfer of 
 13.18  any portion of ownership or equity in the major league baseball 
 13.19  team does not change any obligations, responsibilities, or 
 13.20  privileges under the agreement, this section, or section 
 13.21  473.5967; 
 13.22     (6) the major league baseball team will ensure that a 
 13.23  portion of the tickets for its games are accessible and 
 13.24  affordable; 
 13.25     (7) the major league baseball team will receive all revenue 
 13.26  generated at the stadium except as otherwise specifically 
 13.27  provided in this act; 
 13.28     (8) a listing of all revenue streams generated from use of 
 13.29  the baseball park with a specification of what revenues are 
 13.30  available to cover the major league baseball team operations, 
 13.31  which accrue to the commission and which are available to the 
 13.32  state; 
 13.33     (9) the major league baseball team must operate and 
 13.34  maintain the stadium in excellent condition during the duration 
 13.35  of the agreement.  The local unit of government where the 
 13.36  stadium is located shall verify that the team complies with this 
 14.1   requirement; 
 14.2      (10) delineation of the responsibility for repair, 
 14.3   maintenance, and replacement of equipment or property in the 
 14.4   baseball park, including inspections by the commission and a 
 14.5   representative of the state; 
 14.6      (11) the major league baseball team shall provide a letter 
 14.7   of credit in an amount that protects the public interest in the 
 14.8   event of a default by the major league baseball team or a 
 14.9   disruption in the season due to a player strike or lockout; 
 14.10     (12) the agreement shall afford to the commission, or to 
 14.11  another public entity as the commission deems appropriate, the 
 14.12  rights and remedies at law and equity that are deemed necessary 
 14.13  and appropriate to provide reasonable assurances that the 
 14.14  baseball team and the owner will comply with the agreements 
 14.15  throughout the 30-year term.  The remedies must include, but not 
 14.16  be limited to, specific performance and injunctive relief, and 
 14.17  may include any other equitable remedies, and any additional 
 14.18  remedies or ownership, voting, or other security arrangements 
 14.19  the commission reasonably determines to be effective in ensuring 
 14.20  the baseball team will play the required games in the baseball 
 14.21  park throughout the 30-year term.  It is the intent of the 
 14.22  legislature that a material breach of an agreement between the 
 14.23  commission and other public bodies and professional athletic 
 14.24  teams that commit to the long-term playing of major league games 
 14.25  at public facilities is deemed to cause irreparable harm for 
 14.26  which no adequate remedy at law is available and that the grant 
 14.27  of equitable relief to remedy the breach is in the public 
 14.28  interest and shall be liberally so construed; 
 14.29     (13) that the major league baseball team has the following 
 14.30  obligations during the period of construction of a baseball 
 14.31  stadium: 
 14.32     (i) the payment of prevailing wage levels as defined under 
 14.33  section 177.42 to all construction workers; 
 14.34     (ii) the provision to the strategic and long-range planning 
 14.35  office of a signed agreement between the major league baseball 
 14.36  team and the construction unions that will work on the new 
 15.1   stadium that mandates a no-strike and no-lockout period during 
 15.2   construction of the baseball park; 
 15.3      (iii) all construction materials for the baseball park 
 15.4   produced from or containing steel must use steel produced in the 
 15.5   United States; and 
 15.6      (14) if there is a sale or transfer of ownership of the 
 15.7   major league baseball team, the owner of the team shall pay to 
 15.8   the state an amount equal to the state's share of the 
 15.9   appreciated value of the team.  The state's share shall be based 
 15.10  on the value of the state investment in the baseball park and 
 15.11  must be determined according to a formula included in the use 
 15.12  agreement. 
 15.13     Subd. 5.  [AMATEUR SPORTS.] The commission must provide 
 15.14  that the baseball park will be available for use by high school 
 15.15  and amateur sports leagues.  
 15.16     Subd. 6.  [BASEBALL PARK BONDS.] After the conditions set 
 15.17  forth in subdivisions 1 through 5 have been met, and the balance 
 15.18  in the sports facilities account equals $20,000,000, the 
 15.19  metropolitan council shall issue revenue bonds to finance the 
 15.20  baseball park as provided in section 473.5963. 
 15.21     Sec. 21.  [473.5963] [DEBT OBLIGATIONS FOR BASEBALL PARK.] 
 15.22     Subdivision 1.  [PURPOSES.] The council may by resolution 
 15.23  authorize the sale and issuance of its revenue bonds for the 
 15.24  following purposes after making the determinations in section 
 15.25  473.5962: 
 15.26     (1) to pay the costs to the state and the host community of 
 15.27  the acquisition and betterment of a baseball park, including 
 15.28  infrastructure costs; 
 15.29     (2) to reimburse the commission and the council for their 
 15.30  costs in complying with and making the determinations required 
 15.31  by section 473.5962, whenever incurred; 
 15.32     (3) to pay issuance costs, interest costs during 
 15.33  construction, and costs of bond insurance or other credit 
 15.34  enhancement for the bonds and to establish necessary reserves 
 15.35  for operating and debt service costs; 
 15.36     (4) to refund bonds issued under this section; and 
 16.1      (5) to fund judgments entered by any court against the 
 16.2   council or commission in matters relating to the council's or 
 16.3   commission's functions related to the baseball park. 
 16.4      Subd. 2.  [AMOUNT.] The principal amount of the bonds 
 16.5   issued for the purpose specified in subdivision 1, clauses (1) 
 16.6   to (3), exclusive of any original issue discount, must not 
 16.7   exceed $370,000,000. 
 16.8      Subd. 3.  [TAXABILITY.] The bonds may be issued as 
 16.9   tax-exempt revenue bonds or as taxable revenue bonds in the 
 16.10  proportions that the council may determine. 
 16.11     Subd. 4.  [PROCEDURE.] The bonds shall be sold, issued, and 
 16.12  secured in the manner provided in chapter 475 for bonds payable 
 16.13  solely from revenues and the council has the same powers and 
 16.14  duties as a municipality and its governing body in issuing bonds 
 16.15  under that chapter.  The bonds may be sold at any price and at 
 16.16  public or private sale as determined by the council.  The bonds 
 16.17  may be sold in one or more series.  Different series may be 
 16.18  backed by different revenue sources.  An election is not 
 16.19  required.  
 16.20     Subd. 5.  [NOT A GENERAL OR MORAL OBLIGATION.] The bonds 
 16.21  are special obligations of the council secured by and payable 
 16.22  solely from the sports facilities account.  The bonds are not a 
 16.23  general or moral obligation of the council, the commission, any 
 16.24  other political subdivision of the state, or the state, and must 
 16.25  not be included in the net debt of any city, county, or other 
 16.26  subdivision of the state for the purpose of any net debt 
 16.27  limitation. 
 16.28     Subd. 6.  [BROKERAGE FIRM AGREEMENT.] Before issuing debt 
 16.29  under this section, the council must enter into an agreement 
 16.30  with the brokerage firm to be used in connection with the sale 
 16.31  and issuance of the bonds or revenue anticipation certificates 
 16.32  under this section, guaranteeing that fees and charges payable 
 16.33  to the brokerage firm under the agreement, including any 
 16.34  underwriting discounts, do not exceed fees and charges 
 16.35  customarily payable in connection with the sale and issuance of 
 16.36  bonds or revenue anticipation certificates. 
 17.1      Subd. 7.  [SECURITY.] (a) Bonds issued under this section 
 17.2   may be secured by a bond resolution, or by a trust indenture 
 17.3   entered into by the council with a corporate trustee within or 
 17.4   outside the state.  In the resolution or the trust indenture, 
 17.5   the council must establish covenants for the payment and 
 17.6   security of the bonds and pledge the revenues of the sports 
 17.7   facilities account to be received by it from the state or the 
 17.8   commission, other than amounts paid to it for administrative 
 17.9   costs, for this purpose.  The council may covenant and agree to 
 17.10  enforce, or authorize the bondholders or their trustee to 
 17.11  enforce, all agreements entered into by the council with this 
 17.12  state or the commission relating to the payment of revenues of 
 17.13  the sports facilities account and other money, if any, to the 
 17.14  council for the payment and security of the bonds. 
 17.15     (b) The pledge of revenues of the sports facilities account 
 17.16  for the payment and security of the council's revenue bonds is a 
 17.17  valid charge on the baseball park revenues from the date when 
 17.18  bonds are first issued or secured under the resolution or 
 17.19  indenture and secure the payment of principal and interest and 
 17.20  redemption premiums when due and the maintenance at all times of 
 17.21  a reserve securing the payments.  No mortgage of or security 
 17.22  interest in any tangible real or personal property is granted to 
 17.23  the bondholders or the trustee, but they have a valid, binding, 
 17.24  and enforceable first lien and security interest in all baseball 
 17.25  park revenues pledged to the payment of the bonds by the 
 17.26  council, as against the claims of all other persons in tort, 
 17.27  contract, or otherwise, irrespective of whether the parties have 
 17.28  notice of the claims, and without possession or filing as 
 17.29  provided in the Uniform Commercial Code or any other law. 
 17.30     Subd. 8.  [DEBT SERVICE RESERVE ACCOUNT.] The council must 
 17.31  establish a debt service reserve account or provide adequate 
 17.32  insurance in lieu of this account.  The council shall deposit in 
 17.33  the account money the council receives to ensure payment of the 
 17.34  bonds issued under this section as provided in the bond 
 17.35  resolution or trust indenture. 
 17.36     Subd. 9.  [REVENUE ANTICIPATION CERTIFICATES.] In any year, 
 18.1   upon final adoption by the commission of an annual budget of the 
 18.2   commission, including the revenues of the sport facilities 
 18.3   account, and in anticipation of the receipt of revenues from the 
 18.4   sports facilities account and other receipts of the commission, 
 18.5   the commission may authorize the issuance and sale, in the form 
 18.6   and manner and upon the terms it may determine, of revenue 
 18.7   anticipation certificates.  The terms and provisions of the 
 18.8   certificates and the security for their payment shall be 
 18.9   consistent with and not violate the terms of any agreement 
 18.10  entered into by the commission under subdivision 12 and any bond 
 18.11  resolution or indenture adopted or entered into by the council 
 18.12  under subdivision 7.  The certificates must mature not later 
 18.13  than three months after the close of the budget year.  So much 
 18.14  of the anticipated revenues from the sports facilities account 
 18.15  and other money as may be needed for the payment of the 
 18.16  certificates and interest thereon shall be paid into a special 
 18.17  debt service fund established for the certificates in the 
 18.18  commission's financial records.  The proceeds of the 
 18.19  certificates may be used for any purpose for which the 
 18.20  anticipated revenues may be used or for any purpose for which 
 18.21  bond proceeds under subdivision 1 may be used. 
 18.22     Subd. 10.  [AGREEMENT BY COMMISSIONER OF FINANCE.] (a) The 
 18.23  commissioner of finance, on behalf of the state, shall enter 
 18.24  into an agreement with the council and the commission obligating 
 18.25  the state to pay to the commission the money appropriated by 
 18.26  section 473.5965 at the times and in the amounts determined by 
 18.27  the commission to be necessary or desirable to enable the 
 18.28  council and the commission to carry out their powers and duties 
 18.29  under sections 473.5961 to 473.5967.  In the agreement, the 
 18.30  commissioner shall also covenant and agree on behalf of the 
 18.31  state that, so long as any bonds or other obligations issued by 
 18.32  the council or the commission under this section are outstanding 
 18.33  and not discharged in accordance with the resolutions 
 18.34  authorizing their issuance: 
 18.35     (1) the state will maintain the sports facilities account 
 18.36  established in section 473.5965; 
 19.1      (2) the state will not reduce or repeal the appropriation 
 19.2   made in section 473.5965 or direct or appropriate to another 
 19.3   fund or account money now required to be deposited in the sports 
 19.4   facilities account; and 
 19.5      (3) the state will provide information necessary to enable 
 19.6   the council and the commission to comply with federal securities 
 19.7   laws, rules, and regulations applicable to bonds issued under 
 19.8   subdivision 1.  The agreement may also contain any other 
 19.9   covenants and agreements the commissioner deems necessary that 
 19.10  are consistent with existing law. 
 19.11     (b) The agreement is enforceable against the state in the 
 19.12  district court for Ramsey county.  The state waives immunity 
 19.13  from suit in connection with the agreement and confers 
 19.14  jurisdiction on the district court to determine the matter in 
 19.15  the manner provided for civil actions in the district court.  
 19.16  Section 3.751, subdivisions 3 and 4, apply.  
 19.17     Subd. 11.  [AGREEMENT BETWEEN COUNCIL AND 
 19.18  COMMISSION.] Before the issuance of bonds under subdivision 1, 
 19.19  the council and the commission must enter into an agreement 
 19.20  relating to the following matters: 
 19.21     (1) identifying all types of revenues of the sports 
 19.22  facilities account, establishing priorities for their use, 
 19.23  identifying revenues from the sports facilities account to be 
 19.24  paid to the council and pledged by it for the payment and 
 19.25  security of its bonds, and establishing the dates on and amounts 
 19.26  in which revenues from the sports facilities account will be 
 19.27  paid to the council to pay debt service on the council's bonds 
 19.28  and to maintain a debt service reserve; and 
 19.29     (2) any other matters relating to their powers and duties 
 19.30  under sections 473.551 to 473.5965 that the parties deem 
 19.31  appropriate. 
 19.32     Subd. 12.  [VALIDITY OF DEBT ISSUED.] The validity of any 
 19.33  bonds issued under this section and the obligations of the 
 19.34  council related to them must not be conditioned upon or impaired 
 19.35  by the council's determinations made under section 473.5963.  
 19.36  For the purposes of issuing bonds, the determinations made by 
 20.1   the council are conclusive, and the council is obligated for the 
 20.2   security and payment of the bonds, but only from the sources 
 20.3   pledged thereto, irrespective of determinations that may be 
 20.4   erroneous, inaccurate, or otherwise mistaken. 
 20.5      Sec. 22.  [473.59635] [FOOTBALL STADIUM BONDS.] 
 20.6      After the conditions determined by a law enacted in 2003 or 
 20.7   a subsequent year for construction of a football stadium have 
 20.8   been met, the metropolitan council shall issue revenue bonds to 
 20.9   finance acquisition and betterment of the football stadium. 
 20.10     Sec. 23.  [473.5964] [LOCAL OPTION TAXES AND SURCHARGE.] 
 20.11     Subdivision 1.  [AUTHORIZATION.] Notwithstanding section 
 20.12  477A.016 or any other limitation of law or charter, and in 
 20.13  addition to other taxes previously authorized by law, the city 
 20.14  or, as provided in subdivision 2, the county in which the 
 20.15  baseball park or the football stadium is located may by 
 20.16  ordinance impose the taxes authorized under this section.  
 20.17     Subd. 2.  [COUNTY OPTION.] If the governing body of the 
 20.18  city within which the baseball park is proposed to be located 
 20.19  passes a resolution stating that it does not intend to impose 
 20.20  the taxes authorized under this section, or fails to impose a 
 20.21  tax under this section within 60 days after the selection of the 
 20.22  site, the county board of the county within which the baseball 
 20.23  park is proposed to be located may by resolution impose the tax 
 20.24  on businesses located in the county in lieu of the city's 
 20.25  authority to do so under this section.  This option applies only 
 20.26  to counties that have a population in excess of 1,000,000 
 20.27  according to the most recent federal decennial census.  The 
 20.28  local unit of government that imposes the taxes under this 
 20.29  section is referred to as the "host community."  If a county is 
 20.30  the host community, the city in which the baseball park is 
 20.31  located may contribute money, property, or other resources to 
 20.32  the construction of the baseball park. 
 20.33     Subd. 3.  [REFERENDUM.] Before a host community imposes a 
 20.34  tax under this section, the imposition of the tax must be 
 20.35  approved by the voters of the host community at a special 
 20.36  election held on June 4, 2002, or at an election conducted by 
 21.1   mail ballot which must be completed by June 4, 2002.  The 
 21.2   question on the ballot must state which of the taxes and 
 21.3   surcharges authorized under this section is proposed to be 
 21.4   imposed if the vote on the question is affirmative, and specify 
 21.5   the proposed rate or amount of the tax. 
 21.6      Subd. 4.  [USE OF TAX PROCEEDS.] The city ordinance or 
 21.7   county resolution must provide for dedication of the taxes or 
 21.8   fees, after payment of collection and administrative expenses 
 21.9   and refunds, to payment of principal and interest on bonds 
 21.10  issued under section 473.5963.  These revenues must be 
 21.11  transferred on a monthly basis to the commissioner of revenue 
 21.12  for this purpose, and the commissioner must deposit the revenues 
 21.13  in the sports facilities account.  
 21.14     Subd. 5.  [FOOD, BEVERAGE, ENTERTAINMENT TAXES.] The host 
 21.15  community may by ordinance or resolution impose liquor, 
 21.16  entertainment, or food taxes not to exceed three percent at a 
 21.17  retail level on any business located within a contiguous area 
 21.18  that includes the ballpark that the host community designates as 
 21.19  the district within which the tax will be imposed, provided 
 21.20  that, if the baseball park is located in the city of 
 21.21  Minneapolis, the taxes under this subdivision may be imposed 
 21.22  only in the geographic area within the city of Minneapolis 
 21.23  bounded by the portion of the Mississippi River between I-35W 
 21.24  and Washington Avenue, the portion of Washington Avenue between 
 21.25  the river and I-35W, the portion of I-35W between Washington 
 21.26  Avenue and 8th Street South, the portion of 8th Street South 
 21.27  between I-35W and Portland Avenue South, the portion of Portland 
 21.28  Avenue South between 8th Street South and I-94, the portion of 
 21.29  I-94 from the intersection of Portland Avenue South to the 
 21.30  intersection of I-94 and the Burlington Northern Railroad 
 21.31  tracks, the portion of the Burlington Northern Railroad tracks 
 21.32  from I-94 to University Avenue N.E. and including Nicollet 
 21.33  Island, and the portion of University Avenue N.E. and S.E. from 
 21.34  the Burlington Northern Railroad tracks to I-35W, and by I-35W 
 21.35  from University Avenue S.E. to the river. 
 21.36     Subd. 6.  [LOCAL TICKET SURCHARGE.] The host community may 
 22.1   impose and maintain a ticket surcharge upon the granting, 
 22.2   issuance, sale, or distribution, by any private or public 
 22.3   person, association, or corporation, of the privilege of 
 22.4   admission to activities at the baseball park.  The ticket 
 22.5   surcharge must be no more than $2 per ticket for the seats 
 22.6   affected.  The ticket surcharge must be stated and charged 
 22.7   separately from the sales price and any other applicable tax, 
 22.8   surcharge, or governmental imposition so far as practicable and 
 22.9   must be collected by the grantor, issuer, seller, or distributor 
 22.10  from the person admitted and is a debt owed by the grantor, 
 22.11  issuer, seller, or distributor to the city.  The debt is 
 22.12  recoverable at law in the same manner as other debts.  Every 
 22.13  person who grants, issues, sells, or distributes tickets for the 
 22.14  admissions may be required, as provided in the ordinance or 
 22.15  resolution of the host community, to secure a permit, to file 
 22.16  returns, to deposit security for the payment of the ticket 
 22.17  surcharge, and to pay penalties for nonpayment or interest on 
 22.18  late payments, that are considered necessary or expedient to 
 22.19  ensure the prompt and uniform collection of the surcharge. 
 22.20     Subd. 7.  [BASEBALL PARK OR FOOTBALL STADIUM PARKING 
 22.21  SURCHARGE.] The host community may impose a parking tax or 
 22.22  surcharge, or both, of not more than $2 per vehicle for game 
 22.23  days at the baseball park or the football stadium to be 
 22.24  collected by the commission.  The parking tax and surcharge 
 22.25  apply to the parking spaces located within a reasonable distance 
 22.26  of the baseball park or football stadium as designated by the 
 22.27  host community. 
 22.28     Subd. 8.  [AUTOMOBILE RENTAL SURCHARGE.] (a) The host 
 22.29  community may impose a surcharge on the rental or lease of a 
 22.30  vehicle within the boundaries of the host community in the 
 22.31  amount of $1 per day for each day of rental.  The rental or 
 22.32  lease of a vehicle subject to this surcharge is a rental for not 
 22.33  more than 28 days of a passenger automobile as defined in 
 22.34  section 168.011, subdivision 7, a van as defined in section 
 22.35  168.011, subdivision 28, or a pickup truck as defined in section 
 22.36  168.011, subdivision 29, on which the surcharge applies whether 
 23.1   or not the vehicle is licensed in the state, but does not apply 
 23.2   to a lease or rental provided for in section 297A.64, 
 23.3   subdivision 4, paragraph (a). 
 23.4      (b) One-half of all receipts from the surcharge must be 
 23.5   deposited into the sports facilities account.  One-half of all 
 23.6   receipts from the surcharge shall be deposited into the special 
 23.7   revenue account and used by the host community to pay the debt 
 23.8   service on bonds issued to construct housing. 
 23.9      Subd. 9.  [COLLECTION, ENFORCEMENT, ADMINISTRATION.] The 
 23.10  taxes and surcharges imposed under this section are subject to 
 23.11  the provisions in section 297A.99, subdivisions 6 and 9. 
 23.12     Subd. 10.  [EXPIRATION OF TAXES AND CHARGES.] When the 
 23.13  bonds and other debt issued under section 473.5963 and other 
 23.14  debt to which the revenues collected under this section have 
 23.15  been pledged, have been defeased, or retired, this section and 
 23.16  the taxes and ticket surcharge authorized or required by it 
 23.17  expire. 
 23.18     Sec. 24.  [473.5965] [SPORTS FACILITIES ACCOUNT.] 
 23.19     Subdivision 1.  [ACCOUNT CREATED; FUNDING.] A sports 
 23.20  facilities account is created in the special revenue fund in the 
 23.21  state treasury.  The proceeds of the taxes imposed under 
 23.22  sections 295.61 and 473.595, subdivision 1, paragraph (b), 
 23.23  subdivision 1b, revenues from the taxes, fees and charges 
 23.24  imposed under section 473.595, subdivisions 2a, 2b, and 2c, any 
 23.25  money received from the owner of the major league baseball team 
 23.26  or professional football team or league to meet the team's or 
 23.27  league's financial obligation for construction of the baseball 
 23.28  park or football stadium, money received from other private 
 23.29  sources, and any other money required to be so deposited by law, 
 23.30  must be deposited in the account. 
 23.31     Subd. 2.  [USE OF MONEY IN ACCOUNT.] (a) Money received 
 23.32  from the owner of a major league baseball team or other 
 23.33  contributions from private sources that are intended for use 
 23.34  only for the construction of a baseball park, as well as 
 23.35  revenues from a ticket tax or ticket surcharge on admissions to 
 23.36  major league baseball games at the metrodome or on events at the 
 24.1   baseball park must be used exclusively for payment of debt 
 24.2   service on obligations issued to finance construction of the 
 24.3   baseball park as well as for other costs related to the 
 24.4   construction of the baseball park. 
 24.5      (b) Money received from the owner of a professional 
 24.6   football team, a football league, or other contributions from 
 24.7   private sources that are intended for use only for the 
 24.8   construction of a football stadium, as well as revenues from a 
 24.9   ticket tax or surcharge on admissions to professional football 
 24.10  games at the metrodome or events at the football stadium, must 
 24.11  be used exclusively for payment of debt service on obligations 
 24.12  issued to finance construction of the football stadium as well 
 24.13  as for other costs related to the construction of the football 
 24.14  stadium. 
 24.15     (c) Except for money designated in paragraphs (a) and (b), 
 24.16  money in the account may also be used for debt service on bonds 
 24.17  issued under section 473.5963, for construction of a 
 24.18  professional football stadium if authorized by law, and for 
 24.19  repairs and upgrading of other professional sports facilities 
 24.20  constructed with state assistance. 
 24.21     Subd. 3.  [BOND FUND; DEBT SERVICE RESERVE FUND.] Revenues 
 24.22  in the sports facilities account are appropriated to the 
 24.23  commissioner of finance and except as provided in section 
 24.24  473.129, subdivision 11, shall be remitted to the metropolitan 
 24.25  council on a monthly basis.  Upon receipt of each such 
 24.26  remittance, the metropolitan council shall deposit the amounts 
 24.27  remitted into a bond fund maintained on the official books and 
 24.28  records of the metropolitan council until the aggregate amount 
 24.29  contained in the bond fund equals or exceeds the total amount of 
 24.30  principal and interest on all bonds to become due in the current 
 24.31  year.  
 24.32     Subsequent amounts remitted to the metropolitan council 
 24.33  shall be deposited into the debt service reserve fund created 
 24.34  under section 473.5963, subdivision 8, until the aggregate 
 24.35  amount contained in the debt service reserve fund equals or 
 24.36  exceeds the debt service reserve requirement, as determined by 
 25.1   the metropolitan council. 
 25.2      Sec. 25.  [473.5966] [SELECTION PROCESS; BASEBALL PARK.] 
 25.3      Subdivision 1.  [DEFINITION.] For purposes of sections 
 25.4   473.5961 to 473.5967, a "unit of local government" must be a 
 25.5   city or a county located within the geographical boundaries of 
 25.6   the metropolitan area as defined in section 473.121, subdivision 
 25.7   2, or a county housing and redevelopment authority operating 
 25.8   within such a county. 
 25.9      Subd. 2.  [BASEBALL PARK.] The strategic and long-range 
 25.10  planning office shall assist the baseball site commission formed 
 25.11  under subdivision 3 in a process to provide for the construction 
 25.12  of an open-air baseball park to be built to the specifications 
 25.13  of the major league baseball team and the commission. 
 25.14     Subd. 3.  [BASEBALL SITE COMMISSION.] The governor shall 
 25.15  appoint nine persons to serve on a baseball site selection 
 25.16  commission.  One person shall be appointed from each of 
 25.17  Minnesota's eight congressional districts.  The ninth person 
 25.18  shall be the director of the strategic and long-range planning 
 25.19  office who shall serve as chair.  Members of the commission 
 25.20  shall not receive compensation for their service but may be 
 25.21  compensated for expenses by the strategic and long-range 
 25.22  planning office.  The commission shall select a baseball park 
 25.23  site.  
 25.24     Subd. 4.  [SELECTION PROCESS.] (a) The baseball site 
 25.25  commission shall select a unit of local government to provide a 
 25.26  site for the new baseball park. 
 25.27     (b) The required elements of the selection process are: 
 25.28     (1) the baseball site commission shall accept bids from any 
 25.29  interested unit of local government; 
 25.30     (2) acceptable bids must provide for the provision of land, 
 25.31  in a condition appropriate for development, and the provision of 
 25.32  sufficient adjacent parking facilities to be made available for 
 25.33  use by the team on game days; 
 25.34     (3) in selecting a site, the baseball site commission shall 
 25.35  consider public infrastructure costs and significant potential 
 25.36  development advantages; and 
 26.1      (4) the baseball site commission shall end the acceptance 
 26.2   of bids 90 days after this act is effective and shall select a 
 26.3   site for a baseball park within 60 days of the end date for 
 26.4   acceptance of bids.  
 26.5      Sec. 26.  [473.5967] [SALE OF BASEBALL FRANCHISE.] 
 26.6      Subdivision 1.  [APPLICATION.] As a condition of issuance 
 26.7   of bonds under section 473.5963, the owner of the major league 
 26.8   baseball team must agree that before the owner sells a majority 
 26.9   ownership interest in the team, the owner will attempt for at 
 26.10  least 12 months to comply with subdivision 2 or with subdivision 
 26.11  3.  
 26.12     Subd. 2.  [COMMUNITY OWNERSHIP.] The owner of the team must 
 26.13  work with the governor, the metropolitan sports facilities 
 26.14  commission, and a community foundation or corporation on a plan 
 26.15  to: 
 26.16     (1) transfer by gift to the foundation or corporation all 
 26.17  ownership interests in the team; 
 26.18     (2) provide for sale of shares in the team by the 
 26.19  foundation or corporation to the community, in a manner such 
 26.20  that:  
 26.21     (i) one individual or entity who is the managing partner 
 26.22  may own up to 25 percent of the voting stock; 
 26.23     (ii) no other individual or entity may own more than five 
 26.24  percent of the voting stock; and 
 26.25     (iii) at least 50 percent of the voting stock must be 
 26.26  dispersed so that no person owns more than one percent; and 
 26.27     (3) ensure that the franchise may not move from Minnesota 
 26.28  without approval of 80 percent of the shares of voting stock.  
 26.29     Subd. 3.  [LOCAL PRIVATE OWNERSHIP.] The owner of the team 
 26.30  must attempt to reach an agreement on the sale of a majority 
 26.31  interest in the team to one or more buyers who will keep the 
 26.32  team in Minnesota. 
 26.33     Subd. 4.  [REPORT.] If the owner of the team attempts to 
 26.34  sell a majority interest in the team, the commissioner of 
 26.35  finance must report to the legislature at the beginning of the 
 26.36  next legislative session on efforts to work with the owner of 
 27.1   the team to implement this section. 
 27.2      Sec. 27.  [PRIORITY OF CONSIDERATION OF BASEBALL STADIUM.] 
 27.3      The metropolitan sports facilities commission must comply 
 27.4   with all requirements imposed on it under Minnesota Statutes, 
 27.5   section 473.5962, with regard to conditions for issuance of 
 27.6   bonds to finance construction of a baseball park before it 
 27.7   begins to take action to provide a new football stadium. 
 27.8      Sec. 28.  [CITY OF ST. PAUL; USE OF SALES TAX REVENUES.] 
 27.9      In 2003 and subsequent years, the amount by which total 
 27.10  collections less refunds of the sales tax imposed by the city 
 27.11  under Laws 1993, chapter 375, article 9, section 46, as amended, 
 27.12  exceeds the amount collected in calendar 2002 under that law, 
 27.13  the amount of the excess must be used by the St. Paul family 
 27.14  housing fund. 
 27.15     Sec. 29.  [REPEALER.] 
 27.16     Minnesota Statutes 2000, section 473.553, subdivision 14, 
 27.17  is repealed. 
 27.18     Sec. 30.  [EFFECTIVE DATE.] 
 27.19     Except as otherwise specifically provided, this act is 
 27.20  effective the day following final enactment.