1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to baseball; providing for a contribution by 1.3 the city of St. Paul to the construction of a major 1.4 league baseball park; authorizing a liquor and food 1.5 tax to be levied by the city of St. Paul; establishing 1.6 a ticket tax at a new baseball park in St. Paul; 1.7 authorizing the issuance of state bonds for the 1.8 construction of a major league baseball park; 1.9 appropriating money. 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11 Section 1. [PURPOSE; FINDINGS.] 1.12 The legislature finds that construction of a major league 1.13 baseball park in the city of St. Paul serves a public purpose. 1.14 The legislature finds that this public purpose includes saving 1.15 the Minnesota Twins as a part of Minnesota's public amenities, 1.16 enhancing economic development, and preserving the cultural 1.17 contributions of baseball to Minnesota. 1.18 Further, the legislature finds that any such park should be 1.19 constructed as a partnership between the state, a major league 1.20 baseball team, and the city of St. Paul. The construction of a 1.21 new ballpark should result in the establishment of a long-term 1.22 commitment between major league baseball and the Minnesota 1.23 public. It is understood that any efforts to retain major 1.24 league baseball in Minnesota must include evidence of legitimate 1.25 progress to address the serious challenges of small market 1.26 teams, revenue sharing, and other competitive reforms vital to 1.27 the future of major league baseball. 2.1 The purpose of this act is to provide a firm level of 2.2 funding for a new major league park to be constructed and owned 2.3 by the city of St. Paul. The legislature finds that the city of 2.4 St. Paul, in partnership with the state of Minnesota, joins 2.5 together with the private sector to cooperate in a mutually 2.6 beneficial venture to retain major league baseball in Minnesota. 2.7 Sec. 2. [APPROPRIATION.] 2.8 $....... is appropriated from the bond proceeds fund to the 2.9 city of St. Paul for a major league baseball park to be 2.10 constructed and owned by the city of St. Paul. The 2.11 appropriation is available when the commissioner of finance 2.12 determines that the necessary terms and conditions of this act 2.13 and agreements required by it have been met. 2.14 Sec. 3. [BOND SALE.] 2.15 To provide the money appropriated in this act from the bond 2.16 proceeds fund, the commissioner of finance shall sell and issue 2.17 bonds of the state in an amount up to $....... in the manner, 2.18 upon the terms, and with the effect prescribed by Minnesota 2.19 Statutes, sections 16A.631 to 16A.675, and by the Minnesota 2.20 Constitution, article XI, sections 4 to 7. 2.21 Sec. 4. [BONDS ISSUED.] 2.22 The bonds shall be issued in an amount sufficient to cover 2.23 the state and city share of construction costs, in an amount to 2.24 be determined. The principal and interest on bonds issued under 2.25 this section must be repaid in part from revenues raised 2.26 according to section 5. 2.27 Sec. 5. [SPECIAL TAXES.] 2.28 Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature 2.29 finds that the construction of a baseball park is a public 2.30 improvement that has regional and statewide economic benefits. 2.31 In addition, the baseball park will specifically benefit the 2.32 class of persons operating food and beverage-based retail and 2.33 service businesses within the surrounding city, and persons 2.34 attending events at the baseball park. 2.35 Subd. 2. [FOOD, BEVERAGE, ENTERTAINMENT TAXES.] 2.36 Notwithstanding Minnesota Statutes, section 477A.016, or any 3.1 other limitation of law or charter, and in addition to other 3.2 taxes previously authorized by law, the city of St. Paul may by 3.3 ordinance impose liquor, entertainment, or food taxes not to 3.4 exceed three percent at a retail level on any business within 3.5 the confines of the city of St. Paul. The ordinance must 3.6 provide for dedication of the taxes or fees, after payment of 3.7 collection and administrative expenses and refunds, to payment 3.8 of principal and interest on bonds issued under sections 3 and 4. 3.9 These revenues must be transferred on a monthly basis to the 3.10 commissioner of finance for this purpose. 3.11 Subd. 3. [ADMISSION TAX; TICKET SURCHARGE.] 3.12 Notwithstanding Minnesota Statutes, section 477A.016, or any 3.13 other limitation of law or charter and in addition to other 3.14 taxes previously authorized by law, the city of St. Paul shall 3.15 by ordinance impose and maintain an admission tax or ticket 3.16 surcharge, or both, upon the granting, issuance, sale, or 3.17 distribution, by any private or public person, association, or 3.18 corporation, of the privilege of admission to activities at the 3.19 baseball park. No other tax, surcharge, or governmental 3.20 imposition, except the taxes imposed under Minnesota Statutes, 3.21 chapter 297A, may be levied by any other unit of government upon 3.22 that sale or distribution. If the city imposes a ticket 3.23 surcharge, it must be at least $1 per ticket for the seats 3.24 affected. The admission tax or ticket surcharge must be stated 3.25 and charged separately from the sales price so far as 3.26 practicable and must be collected by the grantor, issuer, 3.27 seller, or distributor from the person admitted and is a debt 3.28 from that person to the grantor, issuer, seller, or distributor, 3.29 and the tax required to be collected is a debt owed by the 3.30 grantor, issuer, seller, or distributor to the city. The debt 3.31 is recoverable at law in the same manner as other debts. Every 3.32 person who grants, issues, sells, or distributes tickets for the 3.33 admissions may be required, as provided in ordinance of the 3.34 city, to secure a permit, to file returns, to deposit security 3.35 for the payment of the tax, and to pay penalties for nonpayment 3.36 or interest on late payments, that are considered necessary or 4.1 expedient to ensure the prompt and uniform collection of the 4.2 tax. Receipts from the admissions tax must be paid on a monthly 4.3 basis to the commissioner of finance to make payments required 4.4 under section 4. 4.5 Subd. 4. [NAMING RIGHTS; REVENUE.] The city of St. Paul 4.6 shall retain the naming rights, along with all revenue 4.7 associated with those rights, to the baseball park authorized in 4.8 section 2. All revenue generated by an agreement entered into 4.9 with the city of St. Paul for the sale, lease, or transfer of 4.10 naming rights to the baseball park shall be paid to the 4.11 commissioner of finance for payment of principal and interest on 4.12 the bonds issued under sections 3 and 4. 4.13 Subd. 5. [EXPIRATION.] When the bonds and other debt 4.14 issued under sections 3 and 4 and other debt to which the 4.15 revenues collected under this section have been pledged have 4.16 been defeased or retired this section and the taxes authorized 4.17 or required by it expires. 4.18 Sec. 6. [EFFECTIVE DATE.] 4.19 Sections 1 to 5 are effective the day after their final 4.20 enactment.