SF 2250

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

  1.1                          A bill for an act 
  1.2             relating to sports facilities; restructuring the 
  1.3             metropolitan sports facilities commission as the 
  1.4             Minnesota sports facilities commission; amending 
  1.5             Minnesota Statutes 1998, sections 3.9741; 340A.504, 
  1.6             subdivision 1; 469.071, subdivision 4; 473.121, 
  1.7             subdivision 5a; 473.1623, subdivision 2; 473.164; 
  1.8             473.553, subdivisions 1, 2, 3, 4, 5, 6, and 7; 
  1.9             repealing Minnesota Statutes 1998, sections 13.99, 
  1.10            subdivision 98a; 473.551, subdivisions 10, 11, 12, 13, 
  1.11            14, 15, 16, and 17; 473.552; 473.553, subdivisions 9 
  1.12            and 14; 473.556, subdivisions 7, 14, and 17; 473.595, 
  1.13            subdivisions 1a, 4, and 5; 473.598; and 473.599. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 3.9741, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [METROPOLITAN COMMISSION.] Upon the audit 
  1.18  of the financial accounts and affairs of a commission under 
  1.19  section 473.595, 473.604, or 473.703, the affected metropolitan 
  1.20  commission is liable to the state for the total cost and 
  1.21  expenses of the audit, including the salaries paid to the 
  1.22  examiners while actually engaged in making the examination.  The 
  1.23  legislative auditor may bill the metropolitan commission either 
  1.24  monthly or at the completion of the audit.  All collections 
  1.25  received for the audits must be deposited in the general fund.  
  1.26     Sec. 2.  Minnesota Statutes 1998, section 340A.504, 
  1.27  subdivision 1, is amended to read: 
  1.28     Subdivision 1.  [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 
  1.29  percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. 
  2.1   on the days of Monday through Saturday, nor between 1:00 a.m. 
  2.2   and 12:00 noon on Sunday, provided that an establishment located 
  2.3   on land owned by the metropolitan sports commission Minnesota 
  2.4   sports facilities commission, or the sports arena for which one 
  2.5   or more licenses have been issued under section 340A.404, 
  2.6   subdivision 2, paragraph (c), may sell 3.2 percent malt liquor 
  2.7   between 10:00 a.m. and 12:00 noon on a Sunday on which a sports 
  2.8   or other event is scheduled to begin at that location on or 
  2.9   before 1:00 p.m. of that day. 
  2.10     Sec. 3.  Minnesota Statutes 1998, section 469.071, 
  2.11  subdivision 4, is amended to read: 
  2.12     Subd. 4.  [PROPERTY TAX EXEMPTION.] Notwithstanding section 
  2.13  473.556, subdivision 6, or any other law, real property conveyed 
  2.14  to the port authority of the city of Bloomington by the former 
  2.15  metropolitan sports facilities commission is exempt from 
  2.16  taxation under sections 473.556, subdivision 4; and 469.012, 
  2.17  subdivision 2. 
  2.18     Sec. 4.  Minnesota Statutes 1998, section 473.121, 
  2.19  subdivision 5a, is amended to read: 
  2.20     Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
  2.21  means the metropolitan parks and open space commission, and the 
  2.22  metropolitan airports commission, and metropolitan sports 
  2.23  facilities commission. 
  2.24     Sec. 5.  Minnesota Statutes 1998, section 473.1623, 
  2.25  subdivision 2, is amended to read: 
  2.26     Subd. 2.  [ADVISORY COMMITTEE.] A financial reporting and 
  2.27  management advisory committee is created, consisting of the 
  2.28  chairs of the council and the metropolitan airports commission 
  2.29  and sports facilities commission.  The committee is established 
  2.30  to assist and advise the council and other governing boards in 
  2.31  meeting the requirements of this section.  Staff and 
  2.32  administrative services for the committee must be provided by 
  2.33  the council and the member agencies.  Other agencies shall make 
  2.34  financial information available upon request. 
  2.35     Sec. 6.  Minnesota Statutes 1998, section 473.164, is 
  2.36  amended to read: 
  3.1      473.164 [SPORTS FACILITIES, AIRPORT COMMISSION TO PAY 
  3.2   COUNCIL COSTS.] 
  3.3      Subdivision 1.  [ANNUALLY REIMBURSE.] The metropolitan 
  3.4   sports facilities commission and the metropolitan airports 
  3.5   commission shall annually reimburse the council for costs 
  3.6   incurred by the council in the discharge of its responsibilities 
  3.7   relating to the commission.  The costs may be charged against 
  3.8   any revenue sources of the commission as determined by the 
  3.9   commission. 
  3.10     Subd. 2.  [ESTIMATES, BUDGET, TRANSFER.] On or before May 1 
  3.11  of each year, the council shall transmit to each the commission 
  3.12  an estimate of the costs which the council will incur in the 
  3.13  discharge of its responsibilities related to the commission in 
  3.14  the next budget year including, without limitation, costs in 
  3.15  connection with the preparation, review, implementation and 
  3.16  defense of plans, programs and budgets of the commission.  Each 
  3.17  The commission shall include the estimates in its budget for the 
  3.18  next budget year and may transmit its comments concerning the 
  3.19  estimated amount to the council during the budget review 
  3.20  process.  Prior to December 15 of each year, the amount budgeted 
  3.21  by each the commission for the next budget year may be changed 
  3.22  following approval by the council.  During each budget year, the 
  3.23  commission shall transfer budgeted funds to the council in 
  3.24  advance when requested by the council. 
  3.25     Subd. 3.  [FINAL STATEMENT.] At the conclusion of each 
  3.26  budget year, the council, in cooperation with each the 
  3.27  commission, shall adopt a final statement of costs incurred by 
  3.28  the council for each the commission.  Where costs incurred in 
  3.29  the budget year have exceeded the amount budgeted, each the 
  3.30  commission shall transfer to the council the additional moneys 
  3.31  needed to pay the amount of the costs in excess of the amount 
  3.32  budgeted, and shall include a sum in its next budget.  Any 
  3.33  excess of budgeted costs over actual costs may be retained by 
  3.34  the council and applied to the payment of budgeted costs in the 
  3.35  next year.  
  3.36     Sec. 7.  Minnesota Statutes 1998, section 473.553, 
  4.1   subdivision 1, is amended to read: 
  4.2      Subdivision 1.  [GENERAL.] The metropolitan Minnesota 
  4.3   sports facilities commission is established and shall be 
  4.4   organized, structured, and administered as provided in this 
  4.5   section as an agency in the executive branch of state government.
  4.6      Sec. 8.  Minnesota Statutes 1998, section 473.553, 
  4.7   subdivision 2, is amended to read: 
  4.8      Subd. 2.  [MEMBERSHIP.] The commission shall consist 
  4.9   consists of six eight members, appointed by the city council of 
  4.10  the city in which the stadium is located governor, one from each 
  4.11  congressional district, plus a chair appointed as provided in 
  4.12  subdivision 3.  
  4.13     Sec. 9.  Minnesota Statutes 1998, section 473.553, 
  4.14  subdivision 3, is amended to read: 
  4.15     Subd. 3.  [CHAIR.] The chair shall be appointed by the 
  4.16  governor shall appoint a resident of the state to serve as the 
  4.17  chair and as the ninth voting member and shall meet all of the 
  4.18  qualifications of a member, except the chair need only reside 
  4.19  outside the city of Minneapolis of the commission.  The chair 
  4.20  shall preside at all meetings of the commission, if present, and 
  4.21  shall perform all other duties and functions assigned by the 
  4.22  commission or by law. The commission may appoint from among its 
  4.23  members a vice-chair to act for the chair during temporary 
  4.24  absence or disability. 
  4.25     Sec. 10.  Minnesota Statutes 1998, section 473.553, 
  4.26  subdivision 4, is amended to read: 
  4.27     Subd. 4.  [QUALIFICATIONS.] A member shall must not during 
  4.28  a term of office hold the office of serve as a member of the 
  4.29  metropolitan council member or be a member of another a 
  4.30  metropolitan agency, or hold any judicial office or office of 
  4.31  state or local government.  None of the members appointed by the 
  4.32  city council of the city in which the stadium is located shall 
  4.33  be an elected public official of that city or of another 
  4.34  political subdivision any part of whose territory is shared with 
  4.35  that city.  Each member shall qualify by taking and subscribing 
  4.36  the oath of office prescribed by the Minnesota Constitution, 
  5.1   article V, section 6.  The oath, duly certified by the official 
  5.2   administering it, shall be filed with the chair of the 
  5.3   metropolitan council secretary of state.  
  5.4      Sec. 11.  Minnesota Statutes 1998, section 473.553, 
  5.5   subdivision 5, is amended to read: 
  5.6      Subd. 5.  [TERMS.] The terms of three members shall end the 
  5.7   first Monday in January in the year ending in the numeral "5".  
  5.8   The terms of the other members and the chair shall end the first 
  5.9   Monday in January in the year ending in the numeral "7".  The 
  5.10  term of each member and the chair shall be four years.  The 
  5.11  terms shall continue until a successor is appointed and 
  5.12  qualified.  Members may be removed only for cause are as 
  5.13  provided in section 15.0575, subdivision 2. 
  5.14     Sec. 12.  Minnesota Statutes 1998, section 473.553, 
  5.15  subdivision 6, is amended to read: 
  5.16     Subd. 6.  [REMOVAL; VACANCIES.] A vacancy shall be filled 
  5.17  by the appointing authority in the same manner in which the 
  5.18  original appointment was made.  Removal of members and filling 
  5.19  of vacancies on the commission are as provided in section 
  5.20  15.0575, subdivisions 4 and 5. 
  5.21     Sec. 13.  Minnesota Statutes 1998, section 473.553, 
  5.22  subdivision 7, is amended to read: 
  5.23     Subd. 7.  [COMPENSATION.] Each commission member shall be 
  5.24  paid $50 for each day when the member attends one or more 
  5.25  meetings or provides other services, as authorized by the 
  5.26  commission, and shall be reimbursed for all actual and necessary 
  5.27  expenses incurred in the performance of duties.  The chair of 
  5.28  the metropolitan sports facilities commission shall receive, 
  5.29  unless otherwise provided by other law, a salary in an amount 
  5.30  fixed by the members of the commission and shall be reimbursed 
  5.31  for reasonable expenses to the same extent as a 
  5.32  member.  Commission members are compensated as provided in 
  5.33  section 15.0575, subdivision 3.  The annual budget of each the 
  5.34  commission shall provide as a separate account anticipated 
  5.35  expenditures for per diem, travel, and associated expenses for 
  5.36  the chair and members, and compensation or reimbursement shall 
  6.1   be made to the chair and members only when budgeted. 
  6.2      Sec. 14.  [TRANSITION.] 
  6.3      Members of the metropolitan sports facilities commission 
  6.4   serving on the effective date of this section, or their 
  6.5   successors, shall continue to serve until members of the 
  6.6   Minnesota sports facilities commission have been appointed and 
  6.7   qualified as provided in this act.  Minnesota Statutes, section 
  6.8   15.039, applies to the restructuring of the metropolitan sports 
  6.9   facilities commission as the Minnesota sports facilities 
  6.10  commission to the extent practicable. 
  6.11     Sec. 15.  [REVISOR INSTRUCTION.] 
  6.12     The revisor of statutes shall replace "metropolitan sports 
  6.13  facilities commission" with "Minnesota sports facilities 
  6.14  commission" wherever it appears in the next edition of Minnesota 
  6.15  Statutes.  The revisor of statutes shall prepare proposed 
  6.16  recoding of the statutes relating to the sports facilities 
  6.17  commission to reflect the change of its status from a 
  6.18  metropolitan agency to a statewide commission under this act.  
  6.19  The revisor of statutes shall also propose changes in the powers 
  6.20  and duties of the commission to reflect the change of its status 
  6.21  from a metropolitan agency to a statewide commission in the 
  6.22  executive branch of state government under this act. 
  6.23     Sec. 16.  [REPEALER.] 
  6.24     Minnesota Statutes 1998, sections 13.99, subdivision 98a; 
  6.25  473.551, subdivisions 10, 11, 12, 13, 14, 15, 16, and 17; 
  6.26  473.552; 473.553, subdivisions 9 and 14; 473.556, subdivisions 
  6.27  7, 14, and 17; 473.595, subdivisions 1a, 4, and 5; 473.598; and 
  6.28  473.599, are repealed.