SF 3081

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to baseball; providing for a process to 
  1.3             construct, fund, maintain, and govern a major league 
  1.4             baseball park; providing for community ownership of 
  1.5             the baseball team; providing for powers and duties of 
  1.6             the metropolitan sports facilities commission and the 
  1.7             metropolitan council; authorizing certain taxes, 
  1.8             revenue distributions, bonds and other debt 
  1.9             obligations, and allocations; appropriating money; 
  1.10            amending Minnesota Statutes 1996, sections 473.551, 
  1.11            subdivision 8, and by adding subdivisions; 473.552; 
  1.12            473.553, subdivision 1; and 473.556, subdivisions 3, 
  1.13            4, 5, and by adding subdivisions; proposing coding for 
  1.14            new law in Minnesota Statutes, chapter 473; proposing 
  1.15            coding for new law as Minnesota Statutes, chapter 473I.
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17                             ARTICLE 1 
  1.18                     BASEBALL PARK CONSTRUCTION 
  1.19     Section 1.  Minnesota Statutes 1996, section 473.551, 
  1.20  subdivision 8, is amended to read: 
  1.21     Subd. 8.  [SPORTS FACILITY OR SPORTS FACILITIES.] "Sports 
  1.22  facility" or "sports facilities" means real or personal property 
  1.23  comprising a stadium, stadiums, baseball parks, or arenas 
  1.24  suitable for university or major league professional baseball, 
  1.25  for university or major league professional football and soccer, 
  1.26  or for both, or for university or major league hockey or 
  1.27  basketball, or for both, together with adjacent parking 
  1.28  facilities, including on the effective date of Laws 1994, 
  1.29  chapter 648, the metrodome, the baseball park, the met center, 
  1.30  and, upon acquisition by the commission, the basketball and 
  2.1   hockey arena. 
  2.2      Sec. 2.  Minnesota Statutes 1996, section 473.551, is 
  2.3   amended by adding a subdivision to read: 
  2.4      Subd. 18.  [BASEBALL PARK.] "Baseball park" means a park 
  2.5   owned by the commission and designed for playing major league 
  2.6   professional baseball, as specified in section 473.5991. 
  2.7      Sec. 3.  Minnesota Statutes 1996, section 473.551, is 
  2.8   amended by adding a subdivision to read: 
  2.9      Subd. 19.  [BASEBALL PARK REVENUE.] "Baseball park revenue" 
  2.10  means all revenue received by or payable to the commission 
  2.11  arising from its ownership and operation of the baseball park 
  2.12  including, but not limited to, rent, revenues from special 
  2.13  taxes, lottery proceeds, appropriations, bond proceeds, fees, 
  2.14  loans, and gifts. 
  2.15     Sec. 4.  Minnesota Statutes 1996, section 473.551, is 
  2.16  amended by adding a subdivision to read: 
  2.17     Subd. 20.  [BASEBALL TEAM.] "Baseball team" means the legal 
  2.18  entity which owns and operates the assets comprising a major 
  2.19  league professional baseball team. 
  2.20     Sec. 5.  Minnesota Statutes 1996, section 473.551, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 21.  [CITY.] "City" when referring to anything 
  2.23  involving the baseball park means the city of Minneapolis. 
  2.24     Sec. 6.  Minnesota Statutes 1996, section 473.551, is 
  2.25  amended by adding a subdivision to read: 
  2.26     Subd. 22.  [COUNTY.] "County" when referring to anything 
  2.27  involving the baseball park means the county of Hennepin. 
  2.28     Sec. 7.  Minnesota Statutes 1996, section 473.551, is 
  2.29  amended by adding a subdivision to read: 
  2.30     Subd. 23.  [OWNER.] "Owner" means all individuals or 
  2.31  persons who directly or indirectly own an interest in the 
  2.32  baseball team on the date of enactment of this article and prior 
  2.33  to any transfer to a nonprofit corporation pursuant to section 
  2.34  473.5992, subdivision 3. 
  2.35     Sec. 8.  Minnesota Statutes 1996, section 473.552, is 
  2.36  amended to read: 
  3.1      473.552 [LEGISLATIVE POLICY; PURPOSE.] 
  3.2      The legislature finds that: 
  3.3      (a) (1) the population in the metropolitan area has a need 
  3.4   for sports facilities and that this need cannot be met 
  3.5   adequately by the activities of individual municipalities, by 
  3.6   agreements among municipalities, or by the private efforts of 
  3.7   the people in the metropolitan area,; 
  3.8      (b) (2) the commission's ownership and operation of the 
  3.9   metrodome and met center has met in part the foregoing need and 
  3.10  has promoted the economic and social interests of the 
  3.11  metropolitan area, of the state, and of the public, and; 
  3.12     (c) (3) the commission's acquisition of the basketball and 
  3.13  hockey arena on the terms and conditions provided in sections 
  3.14  473.598 and 473.599 shall similarly and more fully meet the 
  3.15  foregoing needs and promote these interests.; and 
  3.16     (4) the commission's construction and operation of the 
  3.17  baseball park by reasonable methods that the legislature and the 
  3.18  commission may devise to secure the long-term commitment of the 
  3.19  baseball team, including, but not limited to, nonprofit and 
  3.20  community ownership of the baseball team as provided in section 
  3.21  473.5992, subdivision 3, and the assignment of the operation of 
  3.22  the baseball park to a private entity, all of which may further 
  3.23  secure and promote these public purposes, will likewise meet the 
  3.24  foregoing needs and promote these interests. 
  3.25  It is therefore necessary for the public health, safety and 
  3.26  general welfare to establish a procedure for the acquisition and 
  3.27  betterment of sports facilities and to create a metropolitan 
  3.28  sports facilities commission. 
  3.29     Sec. 9.  Minnesota Statutes 1996, section 473.553, 
  3.30  subdivision 1, is amended to read: 
  3.31     Subdivision 1.  [GENERAL.] The metropolitan sports 
  3.32  facilities commission is established and as a public corporation 
  3.33  and political subdivision of the state that may exercise its 
  3.34  powers in the metropolitan area, as provided by law.  The 
  3.35  commission shall be organized, structured, and administered as 
  3.36  provided in this section. 
  4.1      Sec. 10.  Minnesota Statutes 1996, section 473.556, 
  4.2   subdivision 3, is amended to read: 
  4.3      Subd. 3.  [ACQUISITION OF PROPERTY.] The commission may 
  4.4   acquire by lease, purchase, gift, or devise all necessary right, 
  4.5   title, and interest in and to real or personal property deemed 
  4.6   necessary to the purposes contemplated by sections 473.551 to 
  4.7   473.599 within the limits of the metropolitan area.  The city or 
  4.8   county may exercise the right of eminent domain under chapter 
  4.9   117, subject to any limits on spending in a charter for the city 
  4.10  or county, to acquire a site for the baseball park and, from 
  4.11  time to time, such other property, real, personal, and 
  4.12  intangible, as are essential and integral to the successful 
  4.13  operation of the baseball park. 
  4.14     Sec. 11.  Minnesota Statutes 1996, section 473.556, 
  4.15  subdivision 4, is amended to read: 
  4.16     Subd. 4.  [EXEMPTION OF PROPERTY.] (a) Except as provided 
  4.17  in paragraph (b), any real or personal property acquired, owned, 
  4.18  leased, controlled, used, or occupied by the commission for any 
  4.19  of the purposes of sections 473.551 to 473.599 is declared to be 
  4.20  acquired, owned, leased, controlled, used and occupied for 
  4.21  public, governmental, and municipal purposes, and shall be 
  4.22  exempt from ad valorem taxation by the state or any political 
  4.23  subdivision of the state, provided that such properties shall be 
  4.24  subject to special assessments levied by a political subdivision 
  4.25  for a local improvement in amounts proportionate to and not 
  4.26  exceeding the special benefit received by the properties from 
  4.27  the improvement.  No possible use of any such properties in any 
  4.28  manner different from their use under sections 473.551 to 
  4.29  473.599 at the time shall be considered in determining the 
  4.30  special benefit received by the properties.  All assessments 
  4.31  shall be subject to final confirmation by the council, whose 
  4.32  determination of the benefits shall be conclusive upon the 
  4.33  political subdivision levying the assessment.  Notwithstanding 
  4.34  the provisions of section 272.01, subdivision 2, or 273.19, real 
  4.35  or personal property leased by the commission to another person 
  4.36  for uses related to the purposes of sections 473.551 to 473.599, 
  5.1   including the operation of the metrodome, baseball park, met 
  5.2   center, and, if acquired by the commission, the basketball and 
  5.3   hockey arena shall be exempt from taxation regardless of the 
  5.4   length of the lease.  The provisions of this subdivision, 
  5.5   insofar as they require exemption or special treatment, shall 
  5.6   not apply to any real property comprising the met center which 
  5.7   is leased by the commission for residential, business, or 
  5.8   commercial development or other purposes different from those 
  5.9   contemplated in sections 473.551 to 473.599. 
  5.10     (b) The exemption from ad valorem taxation does not apply 
  5.11  to restaurants, lodging, or other facilities primarily engaged 
  5.12  in making retail sales to the public without regard to whether 
  5.13  there is an event at the sports facility. 
  5.14     Sec. 12.  Minnesota Statutes 1996, section 473.556, 
  5.15  subdivision 5, is amended to read: 
  5.16     Subd. 5.  [FACILITY OPERATION.] The commission may equip, 
  5.17  improve, operate, manage, maintain, and control the 
  5.18  metrodome, baseball park, met center, basketball and hockey 
  5.19  arena and sports facilities constructed, remodeled, or acquired 
  5.20  under the provisions of sections 473.551 to 473.599. 
  5.21     Sec. 13.  Minnesota Statutes 1996, section 473.556, is 
  5.22  amended by adding a subdivision to read: 
  5.23     Subd. 18.  [PRIVATE CONTRIBUTIONS.] Notwithstanding the 
  5.24  requirements of subdivision 9, the commission may accept grants, 
  5.25  gifts, or loans to further its public purposes with respect to 
  5.26  the baseball park.  The contributions may be used by the 
  5.27  commission for any purpose related to the baseball park under 
  5.28  sections 473.5991 to 473.5995, including, but not limited to, 
  5.29  payment of revenue bonds or revenue anticipation certificates 
  5.30  issued under section 473.5993, or reducing or eliminating any 
  5.31  ownership, operations, or other obligations or liabilities of 
  5.32  the commission under sections 473.5991 to 473.5995. 
  5.33     Sec. 14.  Minnesota Statutes 1996, section 473.556, is 
  5.34  amended by adding a subdivision to read: 
  5.35     Subd. 19.  [BASEBALL PARK REVENUE.] The commission may 
  5.36  spend baseball park revenue for the purposes of section 473.5993 
  6.1   to pay any reasonable expenses necessary to acquire, construct, 
  6.2   administer, operate, improve, or maintain the baseball park or 
  6.3   to pay debt service on bonds or other obligations sold for 
  6.4   purposes of the baseball park in accordance with sections 
  6.5   473.551 to 473.5995.  Baseball park revenue must be segregated 
  6.6   from other revenue of the commission. 
  6.7      Sec. 15.  [473.5991] [BASEBALL PARK.] 
  6.8      Subdivision 1.  [ESSENTIAL CHARACTERISTICS.] The baseball 
  6.9   park must be designed for playing major league baseball and no 
  6.10  other major league spectator sport that uses a surface or 
  6.11  seating configuration different from major league baseball.  The 
  6.12  baseball park shall be designed so that it is suitable to 
  6.13  accommodate a retractable roof, but no roof shall be constructed 
  6.14  unless funding becomes available.  The baseball park may include 
  6.15  parking or other transit facilities for patrons, performers, and 
  6.16  employees and may include other amenities to enhance or make the 
  6.17  use of the baseball park enjoyable, convenient, and predictably 
  6.18  accessible to all.  
  6.19     Subd. 2.  [DESIGN.] The commission, in consultation with 
  6.20  the baseball team, shall determine the program elements of the 
  6.21  baseball park, including, but not limited to, capacity, suites, 
  6.22  club seats, clubs, and amenities.  The commission shall also 
  6.23  determine the baseball park design, and the selection of the 
  6.24  project construction team, including the architect and general 
  6.25  contractor.  The baseball park design must be comparable in 
  6.26  quality to other recently built major league professional 
  6.27  baseball parks. 
  6.28     Subd. 3.  [SITE.] The commission shall select a site within 
  6.29  the city. 
  6.30     Subd. 4.  [RELATED INFRASTRUCTURE.] The commission shall 
  6.31  negotiate with the appropriate government entities, including 
  6.32  the Minnesota historical society, the city, the county, and the 
  6.33  council for necessary or appropriate infrastructure improvements 
  6.34  to support the existence and operation of the baseball park, the 
  6.35  movement of patrons to and from the baseball park, and their 
  6.36  comfort, safety, and convenience while in and around the 
  7.1   baseball park. 
  7.2      Subd. 5.  [CONSTRUCTION METHODS.] The commission may 
  7.3   contract for construction materials, supplies, and equipment in 
  7.4   accordance with section 471.345, may construct the baseball park 
  7.5   by a design-build method, and may employ persons, firms, or 
  7.6   corporations to perform one or more or all of the functions of 
  7.7   architect, engineer, construction manager, or contractor for 
  7.8   both design and construction, with respect to all or part of a 
  7.9   project to build or remodel sports facilities.  Contractors 
  7.10  shall be selected through the process of public bidding under 
  7.11  section 471.345, except that the commission may narrow the 
  7.12  listing of eligible bidders to those the commission determines 
  7.13  to possess sufficient expertise to perform the intended 
  7.14  functions, and the commission may negotiate with the three 
  7.15  lowest responsible bidders to achieve the best and final offer.  
  7.16  The commission may require a construction manager to certify a 
  7.17  construction price and completion date to the commission.  The 
  7.18  commission may require the posting of a bond in an amount 
  7.19  determined by the commission to cover any costs that may be 
  7.20  incurred over and above the certified price, including, but not 
  7.21  limited to, costs incurred by the commission or loss of revenues 
  7.22  resulting from incomplete construction on the completion date 
  7.23  and any other obligations the commission may require the 
  7.24  construction manager to bear.  The commission shall secure 
  7.25  surety bonds as required in section 574.26 securing payment of 
  7.26  just claims in connection with all public work undertaken by 
  7.27  it.  Persons entitled to the protection of the bonds may enforce 
  7.28  them as provided in sections 574.28 to 574.32 and are not 
  7.29  entitled to a lien on any property of the commission under 
  7.30  sections 514.01 to 514.16. 
  7.31     Subd. 6.  [CONSTRUCTION MATERIALS; SALES TAX 
  7.32  EXEMPTION.] Purchases of materials and supplies used or consumed 
  7.33  in constructing or incorporated into the construction of the 
  7.34  baseball park are exempt from the taxes imposed under chapter 
  7.35  297A and from any sales and use tax imposed by a local unit of 
  7.36  government notwithstanding any ordinance or charter provision.  
  8.1   This exemption applies regardless of whether the materials and 
  8.2   supplies are purchased by the commission, the owner or 
  8.3   subsequent owners, or by a contractor or subcontractor.  
  8.4      Sec. 16.  [473.5992] [DETERMINATIONS BEFORE BONDS SOLD.] 
  8.5      Subdivision 1.  [WHEN.] The metropolitan council must 
  8.6   determine that others have done what they are required to do 
  8.7   under this section in all material respects before it authorizes 
  8.8   the sale of bonds under section 473.5993, subdivision 1, clauses 
  8.9   (1) to (3). 
  8.10     Subd. 2.  [30-YEAR USE AGREEMENT.] (a) The commission must 
  8.11  have executed agreements with the owner and the baseball team to 
  8.12  use the baseball park for all scheduled regular season and all 
  8.13  postseason division, league, and world series championship 
  8.14  play-off home games for no less than 30 years, without an escape 
  8.15  clause for the owner. 
  8.16     (b) The agreements shall afford to the commission, or to 
  8.17  another public entity as the commission deems appropriate, the 
  8.18  rights and remedies that are deemed necessary and appropriate to 
  8.19  provide reasonable assurances that the baseball team and the 
  8.20  owner will comply with the agreements throughout the 30-year 
  8.21  term.  The remedies must include liquidated damages in an amount 
  8.22  equal to the costs of site preparation, construction, and 
  8.23  interest, payable by the baseball team and the owner jointly and 
  8.24  severally to the commission in the event the team relocates to 
  8.25  another ball park within the 30-year period, less 1/30 of the 
  8.26  amount, and all remaining interest payments, for each year the 
  8.27  team has met its obligation to play in the baseball park.  The 
  8.28  remedies may include specific performance and injunctive relief 
  8.29  and any other equitable remedies, and any additional remedies or 
  8.30  ownership, voting, or other security arrangements the commission 
  8.31  reasonably determines to be effective in ensuring the baseball 
  8.32  team will play the required games in the baseball park 
  8.33  throughout the 30-year term.  In the enforcement of the 
  8.34  agreements, the commission may elect from among the rights and 
  8.35  remedies provided for in this paragraph, and that election does 
  8.36  not extinguish the commission's other rights and remedies except 
  9.1   as may otherwise be provided by law.  It is the intent of the 
  9.2   legislature that a material breach of an agreement between the 
  9.3   commission and other public bodies and professional athletic 
  9.4   teams that commit to the long-term playing of major league games 
  9.5   at public facilities is deemed to cause irreparable harm for 
  9.6   which no adequate remedy at law is available and that the grant 
  9.7   of equitable relief to remedy the breach is in the public 
  9.8   interest and shall be liberally so construed.  
  9.9      (c) The agreements must confer exclusive jurisdiction for 
  9.10  judicial enforcement of the agreements on the courts of this 
  9.11  state and provide that disputes arising under the agreement be 
  9.12  governed by the law of this state.  
  9.13     (d) The agreements must provide for the annual payment of 
  9.14  rent by the baseball team for the use of the baseball park.  The 
  9.15  amount of rent to be paid is subject to negotiation between the 
  9.16  commission, the owner, and the baseball team, but in no event 
  9.17  shall the amount of rent paid annually be less than $6,000,000.  
  9.18  The agreements shall provide for an advance deposit of one 
  9.19  year's rent or its equivalent before opening day of the baseball 
  9.20  park. 
  9.21     Subd. 3.  [NONPROFIT, COMMUNITY OWNERSHIP.] (a) The owner 
  9.22  must have transferred ownership of the baseball team to a 
  9.23  nonprofit corporation through transfer by gift of all ownership 
  9.24  interests, voting and nonvoting.  The transfer agreement must 
  9.25  provide that the owner guarantee the debt of the baseball team, 
  9.26  determined as of the date of the transfer of ownership of the 
  9.27  team to the nonprofit corporation.  The transfer agreement must 
  9.28  provide that if the proceeds of the sale of the baseball team to 
  9.29  a subsequent owner are not sufficient to pay the debt amount, 
  9.30  the owner must pay the debt.  The transfer agreement must 
  9.31  provide that any amount received by the nonprofit corporation on 
  9.32  the subsequent transfer of the baseball team that is greater 
  9.33  than the amount of the outstanding debt of the baseball team 
  9.34  determined as of the date of the transfer by the owner to the 
  9.35  nonprofit corporation, will be distributed on a statewide basis 
  9.36  in accordance with the charitable purposes of the nonprofit 
 10.1   corporation.  The transfer agreement must provide that between 
 10.2   the time of the transfer by gift to the nonprofit corporation 
 10.3   and the subsequent transfer of ownership of the baseball team by 
 10.4   the nonprofit corporation, the owner is responsible for the 
 10.5   operation and management of the baseball team and for all 
 10.6   operating costs, including any losses. 
 10.7      (b) The commission must have executed an agreement with the 
 10.8   nonprofit corporation that provides for the following: 
 10.9      (1) Within five years after the transfer of the baseball 
 10.10  team to the nonprofit corporation, the nonprofit corporation 
 10.11  must offer for sale to individuals the ownership of the baseball 
 10.12  team through the sale and purchase of class A and class B shares.
 10.13     (i) One or more new owners may own the majority of class A 
 10.14  shares, which give the owners the right to operate and control 
 10.15  the baseball team; and 
 10.16     (ii) Class B shares may be sold to individuals, and may be 
 10.17  exercised only to vote on relocation of the baseball team 
 10.18  franchise. 
 10.19     (2) The transfer agreement under clause (1) must provide 
 10.20  that any subsequent owners must assume the obligations of the 
 10.21  owner to use the baseball park for the 30-year period, as 
 10.22  provided in subdivision 2. 
 10.23     (3) The articles of incorporation, or other organizing 
 10.24  charter or agreement, bylaws, and other governing documents of 
 10.25  the baseball team must provide that the baseball team may not 
 10.26  move outside of the state without approval of 80 percent of the 
 10.27  shares of both class A and class B shareholders.  
 10.28  Notwithstanding any law to the contrary, the 80 percent approval 
 10.29  requirement may not be amended by the shareholders or by any 
 10.30  other means. 
 10.31     Subd. 4.  [COMMISSION APPROVAL OF NONPROFIT 
 10.32  CORPORATION.] The commission must have approved the selection of 
 10.33  the nonprofit corporation with which the owner has an agreement 
 10.34  under subdivision 3.  The commission must have determined, at a 
 10.35  minimum, that there is no conflict of interest between the owner 
 10.36  and the board of the nonprofit corporation, and that the 
 11.1   nonprofit corporation's mission is broad and provides assistance 
 11.2   statewide. 
 11.3      Subd. 5.  [OWNER'S ABILITY TO COMPLY.] The baseball team 
 11.4   and the owner must have provided information sufficient to 
 11.5   satisfy the commission of the baseball team's and the owner's 
 11.6   ability to comply with the terms of the 30-year agreements. 
 11.7      Subd. 6.  [PRIVATE SECTOR SUPPORT.] The commission has 
 11.8   received cash or marketable securities with a total value of at 
 11.9   least $96,000,000 from businesses and individuals in private 
 11.10  sector support for the construction of the baseball park.  These 
 11.11  receipts may be from the sale or lease of personal seat 
 11.12  licenses, commemorative bricks, naming or other promotional 
 11.13  rights, or class B shares in the baseball team, or from any 
 11.14  other nonpublic source. 
 11.15     Subd. 7.  [MAJOR LEAGUE BASEBALL CONTRIBUTION.] The 
 11.16  commission and the owner must have entered into an agreement 
 11.17  that provides that the owner will use its best efforts to obtain 
 11.18  construction money for the baseball park from major league 
 11.19  baseball. 
 11.20     Subd. 8.  [LOCAL GOVERNMENT CONTRIBUTION.] The commission 
 11.21  must have executed an agreement with the city, county, or both, 
 11.22  under which the city, county, or both will:  
 11.23     (1) provide to the commission title to all real property, 
 11.24  including all easements and other appurtenances needed for the 
 11.25  construction and operation of the baseball park; and 
 11.26     (2) prepare the site for construction and operation of the 
 11.27  baseball park, including clearing the property of all 
 11.28  improvements on it that would interfere with the construction 
 11.29  and operation of the baseball park. 
 11.30     Subd. 9.  [GUARANTEED MAXIMUM PRICE.] The commission must 
 11.31  have executed agreements that provide for the construction of 
 11.32  the baseball park for a guaranteed maximum price and a specified 
 11.33  substantial completion date of opening day or April 1, 2002, 
 11.34  whichever is earlier, and that requires performance bonds in an 
 11.35  amount at least equal to 100 percent of the guaranteed maximum 
 11.36  price to cover any costs incurred over and above the guaranteed 
 12.1   maximum price including, but not limited to, costs incurred by 
 12.2   the commission and loss of revenues resulting from incomplete 
 12.3   construction on the substantial completion date. 
 12.4      Subd. 10.  [NO STRIKES OR LOCKOUTS.] The commission must 
 12.5   have executed agreements with appropriate labor organizations 
 12.6   and construction contractors that provide that no labor strikes 
 12.7   or management lockouts will delay construction. 
 12.8      Subd. 11.  [REVENUES TO BE SUFFICIENT.] The commission must 
 12.9   have determined that the anticipated baseball park revenue will 
 12.10  be sufficient to pay when due all debt service on the revenue 
 12.11  bonds issued under section 473.5993, loans, and all 
 12.12  administrative expenses of the commission and the council 
 12.13  relating to the baseball park.  The commission must have 
 12.14  determined that the anticipated revenue to the baseball team 
 12.15  will be sufficient to pay all operating and maintenance expenses 
 12.16  of the baseball team and baseball park. 
 12.17     Subd. 12.  [LEAGUE, MAJOR LEAGUE BASEBALL GUARANTEE.] The 
 12.18  commission must have entered into an agreement with the major 
 12.19  league of which the baseball team is a member and with major 
 12.20  league baseball that provides as follows: 
 12.21     (1) the consideration for the agreement is, among other 
 12.22  things, the commission making available a publicly financed 
 12.23  facility in which major league professional baseball games are 
 12.24  anticipated to receive increased broadcasting, advertising, and 
 12.25  other revenues for major league professional baseball; 
 12.26     (2) the major league of which the baseball team is a member 
 12.27  and major league baseball agree to not approve the relocation of 
 12.28  the baseball team if the baseball team is in breach of any of 
 12.29  its agreements with the commission; 
 12.30     (3) the commission is entitled to specific performance of 
 12.31  the agreement, and both the major league of which the baseball 
 12.32  team is a member and major league baseball agree not to contest 
 12.33  the availability of specific performance; and 
 12.34     (4) jurisdiction and enforcement of the agreement is 
 12.35  exclusively in the courts of this state. 
 12.36     Subd. 13.  [AFFORDABLE TICKETS.] The commission must have 
 13.1   obtained a guarantee from the owner that at least five percent 
 13.2   of the tickets in the baseball park available for major league 
 13.3   professional baseball games will be available at prices that do 
 13.4   not exceed 25 percent of the highest priced seats in the 
 13.5   baseball park or a maximum of $5 per ticket, whichever is 
 13.6   lower.  Premium seating, such as seats requiring personal seat 
 13.7   licenses, luxury boxes, and similar seating, must be excluded in 
 13.8   determining the highest priced seats in the baseball park.  The 
 13.9   maximum price of affordable tickets may be adjusted periodically 
 13.10  for inflation.  Not less than 20 percent of the tickets subject 
 13.11  to the guarantee under this subdivision must be made available 
 13.12  for sale only on the day of the game.  This subdivision does not 
 13.13  apply to a postseason division, league, or world series 
 13.14  championship game.  
 13.15     Subd. 14.  [AGREEMENT WITH COUNCIL.] The commission must 
 13.16  have executed an agreement with the council providing for the 
 13.17  timely transfer of funds for payment of debt service and any 
 13.18  other obligations arising out of the issuance of bonds under 
 13.19  section 473.5593. 
 13.20     Subd. 15.  [MAJOR LEAGUE BASEBALL APPROVAL.] Major league 
 13.21  baseball must have approved the proposed ownership structure and 
 13.22  transfers required by this section. 
 13.23     Subd. 16.  [ASSIGNMENT OF AGREEMENTS WITH CURRENT 
 13.24  OWNER.] The agreements entered into by the owner under 
 13.25  subdivisions 2, 7, 13, and 17, must have provided that the 
 13.26  owner's obligations and liabilities be assigned to and assumed 
 13.27  by the nonprofit corporation and any subsequent owner. 
 13.28     Subd. 17.  [YOUTH BASEBALL.] The commission and the 
 13.29  Minnesota amateur sports commission must have negotiated a plan 
 13.30  with the owner that expands opportunities for children and youth 
 13.31  to participate in baseball at the baseball park and in their 
 13.32  local communities. 
 13.33     Sec. 17.  [473.5993] [DEBT OBLIGATIONS FOR BASEBALL PARK.] 
 13.34     Subdivision 1.  [PURPOSES.] The council may by resolution 
 13.35  authorize the sale and issuance of its revenue bonds for the 
 13.36  following purposes after making the determinations in section 
 14.1   473.5992, subdivision 1: 
 14.2      (1) to pay the costs of the acquisition and betterment of a 
 14.3   baseball park; 
 14.4      (2) to reimburse the commission and the council for their 
 14.5   costs in complying with and making the determinations required 
 14.6   by section 473.5992, whenever incurred; 
 14.7      (3) to pay issuance costs, interest costs during 
 14.8   construction, and costs of bond insurance or other credit 
 14.9   enhancement for the bonds and to establish necessary reserves 
 14.10  for operating and debt service costs; 
 14.11     (4) to refund bonds issued under this section; and 
 14.12     (5) to fund judgments entered by any court against the 
 14.13  council or commission in matters relating to the council's or 
 14.14  commission's functions related to the baseball park. 
 14.15     Subd. 2.  [AMOUNT.] The principal amount of the bonds 
 14.16  issued for the purpose specified in subdivision 1, clauses (1) 
 14.17  to (3), exclusive of any original issue discount, must not 
 14.18  exceed $138,000,000. 
 14.19     Subd. 3.  [TAXABILITY.] The bonds may be issued as 
 14.20  tax-exempt revenue bonds or as taxable revenue bonds in the 
 14.21  proportions that the council may determine. 
 14.22     Subd. 4.  [PROCEDURE.] The bonds shall be sold, issued, and 
 14.23  secured in the manner provided in chapter 475 for bonds payable 
 14.24  solely from revenues and the council has the same powers and 
 14.25  duties as a municipality and its governing body in issuing bonds 
 14.26  under that chapter.  The bonds may be sold at any price and at 
 14.27  public or private sale as determined by the council.  The bonds 
 14.28  may be sold in one or more series.  Different series may be 
 14.29  backed by different sources.  An election is not required.  
 14.30     Subd. 5.  [NOT A GENERAL OR MORAL OBLIGATION.] The bonds 
 14.31  are special obligations of the council secured by and payable 
 14.32  solely from baseball park revenues.  The bonds are not a general 
 14.33  or moral obligation of the council, the commission, any other 
 14.34  political subdivision of the state, or the state, and must not 
 14.35  be included in the net debt of any city, county, or other 
 14.36  subdivision of the state for the purpose of any net debt 
 15.1   limitation. 
 15.2      Subd. 6.  [BROKERAGE FIRM AGREEMENT.] Before issuing debt 
 15.3   under this section, the council must enter into an agreement 
 15.4   with the brokerage firm to be used in connection with the sale 
 15.5   and issuance of the bonds or revenue anticipation certificates 
 15.6   under this section, guaranteeing that fees and charges payable 
 15.7   to the brokerage firm under the agreement, including any 
 15.8   underwriting discounts, do not exceed fees and charges 
 15.9   customarily payable in connection with the sale and issuance of 
 15.10  bonds or revenue anticipation certificates. 
 15.11     Subd. 7.  [SECURITY.] (a) Bonds issued under this section 
 15.12  may be secured by a bond resolution, or by a trust indenture 
 15.13  entered into by the council with a corporate trustee within or 
 15.14  outside the state.  In the resolution or the trust indenture, 
 15.15  the council must establish covenants for the payment and 
 15.16  security of the bonds and pledge the baseball park revenues to 
 15.17  be received by it from the state or the commission, other than 
 15.18  amounts paid to it for administrative costs, for this purpose.  
 15.19  In particular, but without limitation, the council may covenant 
 15.20  and agree to enforce, or authorize the bondholders or their 
 15.21  trustee to enforce, all agreements entered into by the council 
 15.22  with this state or the commission relating to the payment of 
 15.23  baseball park revenues and other money, if any, to the council 
 15.24  for the payment and security of the bonds. 
 15.25     (b) The pledge of baseball park revenues for the payment 
 15.26  and security of the council's revenue bonds is a valid charge on 
 15.27  the baseball park revenues from the date when bonds are first 
 15.28  issued or secured under the resolution or indenture and secure 
 15.29  the payment of principal and interest and redemption premiums 
 15.30  when due and the maintenance at all times of a reserve securing 
 15.31  the payments.  No mortgage of or security interest in any 
 15.32  tangible real or personal property is granted to the bondholders 
 15.33  or the trustee, but they have a valid, binding, and enforceable 
 15.34  first lien and security interest in all baseball park revenues 
 15.35  pledged to the payment of the bonds by the council, as against 
 15.36  the claims of all other persons in tort, contract, or otherwise, 
 16.1   irrespective of whether the parties have notice of the claims, 
 16.2   and without possession or filing as provided in the Uniform 
 16.3   Commercial Code or any other law. 
 16.4      Subd. 8.  [REVENUE ANTICIPATION CERTIFICATES.] In any year, 
 16.5   upon final adoption by the commission of an annual budget of the 
 16.6   commission including the baseball park revenues, and in 
 16.7   anticipation of the receipt of baseball park revenues and other 
 16.8   receipts of the commission, the commission may authorize the 
 16.9   issuance and sale, in the form and manner and upon the terms it 
 16.10  may determine, of revenue anticipation certificates.  The terms 
 16.11  and provisions of the certificates and the security for their 
 16.12  payment shall be consistent with and not violate the terms of 
 16.13  any agreement entered into by the commission pursuant to 
 16.14  subdivision 11 and any bond resolution or indenture adopted or 
 16.15  entered into by the council under subdivision 7.  The 
 16.16  certificates must mature not later than three months after the 
 16.17  close of the budget year.  So much of the anticipated baseball 
 16.18  park revenues and other money as may be needed for the payment 
 16.19  of the certificates and interest thereon shall be paid into a 
 16.20  special debt service fund established for the certificates in 
 16.21  the commission's financial records.  The proceeds of the 
 16.22  certificates may be used for any purpose for which the 
 16.23  anticipated revenues may be used or for any purpose for which 
 16.24  bond proceeds under subdivision 1 may be used. 
 16.25     Subd. 9.  [APPROPRIATION; AGREEMENTS AMONG PARTIES.] In 
 16.26  addition to the appropriation of money in the baseball park 
 16.27  account contained in section 473I.02, there is appropriated to 
 16.28  the commissioner of finance, for payment to the commission for 
 16.29  the payment and security of bonds issued by the council under 
 16.30  subdivision 1, the amount of money on hand in the special 
 16.31  revenue fund established in section 16A.67, subdivision 3, 
 16.32  received from state license and service fees as defined in 
 16.33  section 16A.6701, that is necessary to pay the principal of and 
 16.34  interest on the council's bonds issued under subdivision 1 when 
 16.35  due and to maintain any debt service reserve established for 
 16.36  payment of the bonds at its required balance.  This pledge is 
 17.1   subordinate to the pledge and appropriation of the revenues in 
 17.2   the special revenue fund from the payment and security of the 
 17.3   state's outstanding revenue bonds series 1996A and any other 
 17.4   similar bonds issued under section 16A.67, and the commissioner 
 17.5   of finance shall transfer money from the special revenue fund to 
 17.6   the baseball park account and the commission only after 
 17.7   transfers sufficient to pay debt service on the outstanding 
 17.8   bonds under section 16A.67 payable from the revenues have been 
 17.9   made.  This appropriation shall be used only in the event other 
 17.10  baseball park revenues available for the purposes specified 
 17.11  above are inadequate for those purposes.  Money paid to the 
 17.12  commission under this subdivision shall be repaid to the state 
 17.13  with interest at a rate determined by the commissioner of 
 17.14  finance to be comparable to the rate earned by the state on 
 17.15  invested treasurer's cash and deposited in the special revenue 
 17.16  fund from baseball park revenues received by the commission in 
 17.17  excess of the requirements of the commission under sections 
 17.18  473.5991 to 473.5995. 
 17.19     Subd. 10.  [AGREEMENT BY COMMISSIONER OF FINANCE.] (a) The 
 17.20  commissioner of finance, on behalf of the state, shall enter 
 17.21  into an agreement with the council and the commission obligating 
 17.22  the state to pay to the commission the money appropriated by 
 17.23  subdivision 9 and section 473I.02 at the times and in the 
 17.24  amounts determined by the commission to be necessary or 
 17.25  desirable to enable the council and the commission to carry out 
 17.26  their powers and duties under sections 473.5991 to 473.5995.  In 
 17.27  the agreement, the commissioner shall also covenant and agree on 
 17.28  behalf of the state that, so long as any bonds or other 
 17.29  obligations issued by the council or the commission under this 
 17.30  section are outstanding and not discharged in accordance with 
 17.31  the resolutions authorizing their issuance: 
 17.32     (1) the state will maintain the special revenue fund 
 17.33  established in section 16A.67, subdivision 3, and the baseball 
 17.34  park account established in section 473I.02; 
 17.35     (2) the state will not reduce or repeal the appropriations 
 17.36  made in subdivision 9 and section 473I.02; 
 18.1      (3) the state will not direct or appropriate to another 
 18.2   fund or account money now required to be deposited in the 
 18.3   special revenue fund established in section 16A.67, subdivision 
 18.4   3, and the baseball park account, provided that the state 
 18.5   retains authority to provide for the deposit of health care 
 18.6   reimbursements described in section 246.18 directly to the 
 18.7   general fund or another fund of the state, and to alter, reduce, 
 18.8   eliminate, dedicate to another fund, or add to the state license 
 18.9   and service fees or departmental earnings described in sections 
 18.10  16A.1285 and 16A.6701; and 
 18.11     (4) the state will provide information necessary to enable 
 18.12  the council and the commission to comply with federal securities 
 18.13  laws, rules, and regulations applicable to bonds issued under 
 18.14  subdivision 1.  The agreement may also contain any other 
 18.15  covenants and agreements the commissioner deems necessary that 
 18.16  are consistent with existing law, but the covenants may not 
 18.17  include a covenant to continue to operate the state lottery. 
 18.18     (b) The agreement is enforceable against the state in the 
 18.19  district court for Ramsey county.  The state waives immunity 
 18.20  from suit in connection with the agreement and confers 
 18.21  jurisdiction on the district court to determine the matter in 
 18.22  the manner provided for civil actions in the district court.  
 18.23  Section 3.751, subdivisions 3 and 4, apply. 
 18.24     Subd. 11.  [AGREEMENT BETWEEN COUNCIL AND 
 18.25  COMMISSION.] Before the issuance of bonds under subdivision 1, 
 18.26  the council and the commission must enter into an agreement 
 18.27  relating to the following matters: 
 18.28     (1) identifying all types of baseball park revenues, 
 18.29  establishing priorities for their use, identifying baseball park 
 18.30  revenues to be paid to the council and pledged by it for the 
 18.31  payment and security of its bonds, and establishing the dates on 
 18.32  and amounts in which baseball park revenues will be paid to the 
 18.33  council to pay debt service on the council's bonds and to 
 18.34  maintain a debt service reserve; and 
 18.35     (2) any other matters relating to their powers and duties 
 18.36  under sections 473.551 to 473.5995 that the parties deem 
 19.1   appropriate. 
 19.2      Subd. 12.  [VALIDITY OF DEBT ISSUED.] The validity of any 
 19.3   bonds issued under this section and the obligations of the 
 19.4   council related to them must not be conditioned upon or impaired 
 19.5   by the council's determinations made under section 473.5992.  
 19.6   For the purposes of issuing bonds, the determinations made by 
 19.7   the council are conclusive, and the council is obligated for the 
 19.8   security and payment of the bonds, but only from the sources 
 19.9   pledged thereto, irrespective of determinations that may be 
 19.10  erroneous, inaccurate, or otherwise mistaken. 
 19.11     Sec. 18.  [473.5994] [OPERATIONS.] 
 19.12     Subdivision 1.  [DEFINITION.] For the purposes of this 
 19.13  section, "owner" includes the nonprofit corporation or any 
 19.14  subsequent owner. 
 19.15     Subd. 2.  [BASEBALL TEAM TO OPERATE BASEBALL PARK.] (a) The 
 19.16  commission must enter into agreements with the owner and the 
 19.17  baseball team that provide for operation and maintenance of the 
 19.18  baseball park at the expense of the owner and the baseball team. 
 19.19     (b) The agreements may provide that: 
 19.20     (1) the baseball team will manage, maintain, operate, and 
 19.21  repair the baseball park and may contract with one or more 
 19.22  entities to operate part or all of the baseball park all subject 
 19.23  to the approval of the commission; and 
 19.24     (2) the baseball team shall contract with one or more 
 19.25  concessionaires to provide food and beverages for the baseball 
 19.26  park subject to the approval of the commission.  All contracts 
 19.27  for food and beverage services must be advertised and 
 19.28  competitively bid and negotiated in order to maximize revenues 
 19.29  from those contracts. 
 19.30     (c) The agreements must provide criteria for maintenance 
 19.31  and operation of the baseball park and remedies as referred to 
 19.32  in section 473.5992, subdivision 2, paragraphs (b) and (c), that 
 19.33  may be exercised by the commission to ensure that the criteria 
 19.34  are met.  The agreements must also require that the owner with 
 19.35  respect to the baseball team, the baseball team, and its 
 19.36  affiliates and subsidiaries that are involved in the maintenance 
 20.1   and operation of the baseball park, and the baseball park, 
 20.2   provide annually audited financial statements to the commission. 
 20.3      Subd. 3.  [COMMISSION PARTICIPATION IN BASEBALL TEAM 
 20.4   CONTRACTS.] The commission, the owner, and the baseball team 
 20.5   have entered into an agreement that provides that the commission 
 20.6   may participate in the negotiations of any contracts or 
 20.7   agreements pertinent to the operation and maintenance of the 
 20.8   baseball park between the owner, the baseball team, and any 
 20.9   other third party. 
 20.10     Subd. 4.  [BASEBALL TEAM OPERATING EXPENSES; LOSS.] The 
 20.11  owner shall assume all risk for and timely pay all operating 
 20.12  expenses of the baseball team and the baseball park as provided 
 20.13  in sections 473.5991 to 473.5995 and in agreements authorized by 
 20.14  sections 473.5991 to 473.5995.  The baseball team shall be 
 20.15  organized so that under the law of this state, the commission is 
 20.16  not liable for any operating loss, liability, or obligation of 
 20.17  the baseball team, or baseball park.  The commission shall have 
 20.18  no duty to reimburse the owner or any creditor of the owner, the 
 20.19  baseball team, or the baseball park for any operating loss, 
 20.20  liability, or obligation of the baseball team or baseball park, 
 20.21  and shall be indemnified by the owner against losses or claims. 
 20.22     Sec. 19.  [473.5995] [BASEBALL PARK JOBS PROGRAM.] 
 20.23     The commission must implement a jobs program that meets or 
 20.24  exceeds the reasonable goals established by the commission for 
 20.25  the participation of minority, women, and disadvantaged 
 20.26  employees and small business in the construction of the baseball 
 20.27  park.  The owner must establish a jobs program that meets or 
 20.28  exceeds the reasonable goals established by the commission for 
 20.29  the participation of minority, women, and disadvantaged 
 20.30  employees and small business in the operation and maintenance of 
 20.31  the baseball park.  
 20.32     Sec. 20.  [INTERSTATE COMPETITION.] 
 20.33     The commission may cooperate and contract with other 
 20.34  political entities in the United States to petition or form an 
 20.35  entity to petition the United States Congress to enact 
 20.36  legislation to prevent injurious or uneconomic practices of 
 21.1   governmental entities in seeking sports, exposition, and 
 21.2   entertainment franchises and facilities.  The attorney general 
 21.3   may participate in appropriate litigation to prevent the 
 21.4   injurious or uneconomic practices. 
 21.5      Sec. 21.  [INSTRUCTION TO REVISOR.] 
 21.6      In the next edition of Minnesota Statutes, the revisor of 
 21.7   statutes shall change references to sections 473.551 to 473.599 
 21.8   to read 473.551 to 473.5995. 
 21.9      Sec. 22.  [APPLICATION.] 
 21.10     This article applies in the counties of Anoka, Carver, 
 21.11  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 21.12     Sec. 23.  [EFFECTIVE DATE; CONTINGENT EXPIRATION.] 
 21.13     This article is effective the day following final 
 21.14  enactment.  If bonds have not been issued as authorized in 
 21.15  section 18, by January 1, 2000, this article expires on that 
 21.16  date. 
 21.17                             ARTICLE 2
 21.18                    BASEBALL PARK SPECIAL TAXES
 21.19     Section 1.  [473I.01] [DEFINITIONS.] 
 21.20     Subdivision 1.  [APPLICATION.] The definitions in this 
 21.21  section and sections 473.121 and 473.551 apply to this chapter. 
 21.22     Subd. 2.  [BASEBALL PARK.] "Baseball park" means the 
 21.23  baseball park described in section 473.5991. 
 21.24     Sec. 2.  [473I.02] [BASEBALL PARK ACCOUNT.] 
 21.25     The baseball park account is established in the special 
 21.26  revenue fund in the state treasury.  All money credited to the 
 21.27  baseball park account is appropriated to the commissioner of 
 21.28  finance for payment to the commission for purposes of the 
 21.29  baseball park.  The commission shall use all receipts from the 
 21.30  baseball park account to acquire, construct, improve, 
 21.31  administer, operate, and maintain the baseball park and to pay 
 21.32  debt service on bonds or other obligations sold for purposes of 
 21.33  the baseball park. 
 21.34     Sec. 3.  [473I.03] [PARKING TAXES.] 
 21.35     Subdivision 1.  [EVENT PARKING TAX.] Notwithstanding 
 21.36  section 477A.016, the council by resolution may impose a tax of 
 22.1   not less than $1 per vehicle per event for each vehicle parked 
 22.2   in the area immediately surrounding the baseball park.  
 22.3   Effective April 1, 2002, the tax must not be less than $1.50 per 
 22.4   vehicle per event.  The tax may only be imposed for parking 
 22.5   during the evening and on weekends and holidays.  The tax may be 
 22.6   imposed only within the area that is designated by the council, 
 22.7   after consultation with the commission and the city, as a 
 22.8   baseball park district.  The council shall consult with the 
 22.9   commission and the city about the definition of event parking 
 22.10  and the rate of the tax before imposing or adjusting the tax.  
 22.11     Subd. 2.  [DOWNTOWN PARKING BACK-UP TAX.] Notwithstanding 
 22.12  section 477A.016, if the revenue estimated to be received from 
 22.13  baseball team rent, the event parking tax under subdivision 1, 
 22.14  and the income surtax under section 473I.04, together with other 
 22.15  baseball park revenue, but not including the appropriation from 
 22.16  the special revenue fund established in section 16A.67, 
 22.17  subdivision 3, is not sufficient to pay when due all debt 
 22.18  service on bonds or other obligations issued under section 
 22.19  473.5993, the council by resolution may impose a tax on parking 
 22.20  in the downtown area of the city, except for parking at a 
 22.21  parking meter.  The rate of tax may not exceed 25 cents per 
 22.22  turn.  The tax may be imposed only within the area that is 
 22.23  designated by the council, after consultation with the 
 22.24  commission and the city, as a downtown parking tax district.  If 
 22.25  a tax is imposed under this subdivision, and any amount is 
 22.26  appropriated from the special revenue fund established in 
 22.27  section 16A.67, subdivision 3, as provided in section 473.5993, 
 22.28  subdivision 9, the tax must remain in effect until the loan from 
 22.29  the special revenue fund is repaid as provided in section 
 22.30  473.5993, subdivision 9. 
 22.31     Subd. 3.  [INCLUDED IN SALE PRICE.] A tax imposed under 
 22.32  this section is included in the sale price for purposes of the 
 22.33  tax under chapter 297A.  
 22.34     Subd. 4.  [COLLECTION.] The taxes imposed under this 
 22.35  section must be reported and paid to the commissioner of revenue 
 22.36  with the taxes imposed in chapter 297A and in accordance with an 
 23.1   agreement between the commission and the commissioner of 
 23.2   revenue.  They are subject to the same interest, penalty, and 
 23.3   other provisions provided for sales and use taxes under chapters 
 23.4   289A and 297A.  The commissioner has the same powers to assess 
 23.5   and collect the taxes that are given the commissioner in 
 23.6   chapters 270, 289A, and 297A to assess and collect sales and use 
 23.7   tax. 
 23.8      Subd. 5.  [DISPOSITION OF PROCEEDS.] All revenues, 
 23.9   including interest and penalties, derived from the taxes must be 
 23.10  deposited in the state treasury.  An amount that equals the 
 23.11  direct department costs necessary to administer, audit, and 
 23.12  collect the taxes must be credited to the general fund.  The 
 23.13  balance must be credited to the baseball park account in the 
 23.14  special revenue fund.  
 23.15     Sec. 4.  [473I.04] [BASEBALL PARK INCOME SURTAX.] 
 23.16     Subdivision 1.  [TAX IMPOSED.] The council may by 
 23.17  resolution impose a tax on the taxable baseball park income of a 
 23.18  qualified employee of a sports organization that uses the 
 23.19  baseball park.  The tax equals two percent of taxable baseball 
 23.20  park income for the taxable year. 
 23.21     Subd. 2.  [DEFINITIONS.] (a) The definitions in this 
 23.22  subdivision and chapter 290 apply to this section. 
 23.23     (b) "Taxable baseball park income" means wages, salaries, 
 23.24  or other compensation derived from the performance of personal 
 23.25  services for a sports organization in the metropolitan area.  
 23.26  For both residents and nonresidents, the amount attributable to 
 23.27  performance of personal services for a sports organization is 
 23.28  determined by first subtracting $150,000 from total compensation 
 23.29  for the performance of personal services and then applying the 
 23.30  allocation rules under section 290.17, subdivision 2, paragraph 
 23.31  (a), clauses (1) and (2), except the services performed and the 
 23.32  days or performances in the metropolitan area are to be used 
 23.33  instead of services, days, or performances in Minnesota.  The 
 23.34  amount may not be less than zero. 
 23.35     (c) A "qualified employee" means an employee who derives 
 23.36  wages, salaries, or other compensation of at least $150,000 for 
 24.1   the performance of personal services from a sports organization 
 24.2   for the taxable year. 
 24.3      (d) A "sports organization" means any organization that 
 24.4   operates a major league baseball franchise.  A sports 
 24.5   organization includes a visiting team regardless of whether it 
 24.6   has a direct agreement with the owner or operator of the 
 24.7   baseball park. 
 24.8      Subd. 3.  [COLLECTION.] The tax imposed by this section 
 24.9   must be collected in the manner provided for individual income 
 24.10  taxes imposed under chapter 290 and in accordance with an 
 24.11  agreement between the council and the commissioner of revenue. 
 24.12     Subd. 4.  [DISPOSITION OF PROCEEDS.] All revenues, 
 24.13  including interest and penalties, derived from the tax must be 
 24.14  deposited in the state treasury.  An amount that equals the 
 24.15  direct department costs necessary to administer, audit, and 
 24.16  collect this tax must be credited to the general fund.  The 
 24.17  balance must be credited to the baseball park account in the 
 24.18  special revenue fund. 
 24.19     Sec. 5.  [APPLICATION.] 
 24.20     Sections 1 to 4 apply in the counties of Anoka, Carver, 
 24.21  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 24.22     Sec. 6.  [EFFECTIVE DATE.] 
 24.23     This article is effective the day following its final 
 24.24  enactment, except that section 4 is effective for taxable years 
 24.25  beginning on and after January 1, 2002.  If bonds have not been 
 24.26  issued as authorized in this act by January 1, 2000, this 
 24.27  article expires on that date.  If the article expires under this 
 24.28  section, the unobligated balance of any appropriation from the 
 24.29  baseball park account is canceled to the general fund.