SF 2825

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to a University of Minnesota football 
  1.3             stadium; appropriating money; amending Minnesota 
  1.4             Statutes 2002, section 297A.71, by adding a 
  1.5             subdivision; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 473. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [PURPOSE; FINDINGS.] 
  1.9      The legislature finds that construction of a new football 
  1.10  stadium by the Board of Regents of the University of Minnesota 
  1.11  on the University's east bank campus in the city of Minneapolis 
  1.12  serves statewide public purposes.  The legislature finds that 
  1.13  the public purposes served include, but are not limited to, 
  1.14  providing an on-campus outdoor intercollegiate football stadium 
  1.15  as a part of the public amenities for Minnesota's citizens, 
  1.16  enhancing the enjoyment of its citizens, and enhancing the 
  1.17  University experience for students, alumni, faculty, staff, and 
  1.18  other supporters of the University.  The legislature finds that 
  1.19  the University intends to join together with its students, 
  1.20  alumni, faculty, staff, and other supporters to raise funds to 
  1.21  build a stadium to return college football to the University 
  1.22  campus.  Further, the legislature finds that construction of a 
  1.23  University of Minnesota football stadium should be supported by 
  1.24  the state and that the support should not detract from or be a 
  1.25  substitute for other operating and capital support by the state 
  1.26  for the University; however, state financial support for the 
  2.1   stadium should be conditioned upon the University providing for 
  2.2   payment of a significant portion of the stadium's cost from 
  2.3   nonstate general revenue fund sources.  The purpose of this act 
  2.4   is to provide a firm 25 percent level of funding for a new 
  2.5   University football stadium to be constructed and owned by the 
  2.6   Board of Regents of the University of Minnesota. 
  2.7      Sec. 2.  [DEFINITIONS.] 
  2.8      Subdivision 1.  [APPLICABILITY.] The definitions in this 
  2.9   section apply to sections 1 to 10. 
  2.10     Subd. 2.  [COMMISSION.] "Commission" means the Metropolitan 
  2.11  Sports Facilities Commission. 
  2.12     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
  2.13  commissioner of finance. 
  2.14     Subd. 4.  [STADIUM.] "Stadium" means an athletic stadium 
  2.15  suitable for intercollegiate National Collegiate Athletic 
  2.16  Association (NCAA) Division I football games and related 
  2.17  infrastructure improvements constructed on the University of 
  2.18  Minnesota's east bank campus in the city of Minneapolis. 
  2.19     Subd. 5.  [BOARD.] "Board" means the Board of Regents of 
  2.20  the University of Minnesota. 
  2.21     Sec. 3.  [ACTIVITIES; CONTRACTS.] 
  2.22     In addition to the powers it already has under the 
  2.23  constitution and laws of the state, the legislature recognizes 
  2.24  that the Board has all powers necessary or convenient for 
  2.25  designing, constructing, equipping, improving, controlling, 
  2.26  operating, and maintaining the stadium and may enter into 
  2.27  contracts that are in its judgment in the best interests of the 
  2.28  public for those purposes.  Notwithstanding contrary law, the 
  2.29  Board may adopt the fair and competitive design and construction 
  2.30  procurement procedures in connection with the stadium that it 
  2.31  considers to be in the public interest.  Minnesota Statutes, 
  2.32  sections 16B.33 and 16B.335, do not apply to the stadium. 
  2.33     Sec. 4.  Minnesota Statutes 2002, section 297A.71, is 
  2.34  amended by adding a subdivision to read: 
  2.35     Subd. 33.  [CONSTRUCTION MATERIALS; UNIVERSITY OF MINNESOTA 
  2.36  FOOTBALL STADIUM.] Materials, supplies, or equipment used or 
  3.1   consumed in connection with the construction, equipping, or 
  3.2   improvement of a football stadium constructed for use by the 
  3.3   University of Minnesota are exempt.  This subdivision expires 
  3.4   one year after substantial completion of the football stadium. 
  3.5      Sec. 5.  [ENVIRONMENTAL REVIEW.] 
  3.6      The legislature requests that the Board undertake an 
  3.7   environmental review of the stadium project and perform the 
  3.8   responsibilities of the responsible governmental unit as 
  3.9   prescribed in the Minnesota Environmental Policy Act, Minnesota 
  3.10  Statutes, chapter 116D, and the rules adopted under that 
  3.11  chapter.  The designation of the Board to serve as the 
  3.12  responsible governmental unit is effective upon approval by the 
  3.13  Board authorizing the University to act in that capacity. 
  3.14     Sec. 6.  [UNIVERSITY STADIUM ACCOUNT.] 
  3.15     A University stadium account is established in the special 
  3.16  revenue fund in the state treasury.  All interest attributable 
  3.17  to the University stadium account must be deposited in the state 
  3.18  treasury and credited to the University stadium account in the 
  3.19  special revenue fund.  So long as any bonds issued by the Board, 
  3.20  not to exceed a total amount issued of $....... to pay costs of 
  3.21  constructing the stadium that are in excess of the required 
  3.22  University contribution described in section 7 are outstanding, 
  3.23  on July 1 of each year the state must transfer from the 
  3.24  University stadium account to the University $....... to 
  3.25  reimburse the University for its costs in constructing the 
  3.26  stadium.  $......., or the lesser amount required to increase 
  3.27  the total of available funds in the University stadium account 
  3.28  on July 1 of each year to $......., is appropriated annually 
  3.29  from the general fund and must be credited to the University 
  3.30  stadium account.  Except to the extent of the annual 
  3.31  appropriation described in this section, the state is not 
  3.32  required to pay any part of the cost of constructing the stadium.
  3.33     Sec. 7.  [CONDITIONS FOR PAYMENT TO UNIVERSITY.] 
  3.34     Before the commissioner may make the first payment to the 
  3.35  University under section 6, the Board must certify to the 
  3.36  commissioner that the University has received at least $....... 
  4.1   in pledges, gifts, sponsorships, and other nonstate general fund 
  4.2   revenue support for the construction of the stadium.  The Board 
  4.3   must also certify to the commissioner that a provision for 
  4.4   affordable access for University students to the University 
  4.5   sporting events held at the football stadium has been made. 
  4.6      Sec. 8.  [AGREEMENT BY COMMISSIONER OF FINANCE.] 
  4.7      Subdivision 1.  [TERMS.] (a) The commissioner, on behalf of 
  4.8   the state, shall enter into an agreement with the Board 
  4.9   obligating the state to transfer to the University money from 
  4.10  the University stadium account established by section 6 at the 
  4.11  times and in the amount provided in that section.  In the 
  4.12  agreement, the commissioner shall also covenant and agree on 
  4.13  behalf of the state that, until the earlier of the date which is 
  4.14  30 years from the date on which the first deposit is made into 
  4.15  the University stadium account or the date on which all bonds up 
  4.16  to the maximum amount of $....... issued by the University for 
  4.17  the construction of the stadium are discharged in accordance 
  4.18  with the resolutions authorizing their issuance: 
  4.19     (1) the state will maintain the University stadium account 
  4.20  established in section 6; and 
  4.21     (2) the state will provide information necessary to enable 
  4.22  the University to comply with federal securities laws, rules, 
  4.23  and regulations applicable to bonds issued by the University for 
  4.24  the construction of the stadium. 
  4.25     (b) The Board agrees to take all steps necessary to design 
  4.26  and construct the football stadium according to a specific 
  4.27  proposal approved by the Board for not more than a total cost 
  4.28  agreed to by the parties, by a completion date agreed to by the 
  4.29  parties.  The Board also agrees to pay for all cost overruns on 
  4.30  the stadium above the agreed cost and to hold the state harmless 
  4.31  as to the cost overruns. 
  4.32     (c) The agreement may also contain any other pledges, 
  4.33  covenants, and agreements the commissioner on behalf of the 
  4.34  state and the Board on behalf of the University consider 
  4.35  necessary or appropriate to accomplish the purposes of this act. 
  4.36     (d) The agreement is enforceable in the district court for 
  5.1   Ramsey County.  The parties waive immunity from suit and the 
  5.2   Board waives its constitutional autonomy in connection with the 
  5.3   agreement and the state confers jurisdiction on the district 
  5.4   court to determine the matter in the manner provided for civil 
  5.5   actions in the district court.  Minnesota Statutes, section 
  5.6   3.751, subdivisions 3 and 4, apply. 
  5.7      Subd. 2.  [NO FULL FAITH AND CREDIT.] Any bonds or other 
  5.8   obligations issued by the Board under this act are not public 
  5.9   debt of the state, and the full faith and credit and taxing 
  5.10  powers of the state are not pledged for their payment or of any 
  5.11  payments that the state agrees to make under this act. 
  5.12     Sec. 9.  [COOPERATION REQUIRED.] 
  5.13     Local units of government affected by the stadium project 
  5.14  must cooperate with the University to the greatest practical 
  5.15  extent in facilitating the development, construction, and 
  5.16  operation of the stadium. 
  5.17     Sec. 10.  [473.5955] [TERMINATION OF LEASE.] 
  5.18     The lease between the Board of Regents of the University of 
  5.19  Minnesota and the commission dated May 19, 1982, that requires 
  5.20  the University of Minnesota football team to play its home 
  5.21  football games at the Hubert H. Humphrey Metrodome until July 1, 
  5.22  2012, may be terminated by the Board of Regents effective on or 
  5.23  after the date designated by the Board of Regents as the date of 
  5.24  completion of the stadium. 
  5.25     Sec. 11.  [EFFECTIVE DATE.] 
  5.26     Sections 1 to 10 are effective the day following final 
  5.27  enactment.