as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to gambling; modifying definition of lawful 1.3 purpose; amending Minnesota Statutes 2000, sections 1.4 297E.06, subdivision 4; 349.12, subdivision 25; 1.5 349.15, subdivision 1, and by adding a subdivision; 1.6 349.155, subdivision 4a; 349.17, by adding a 1.7 subdivision; 349.2127, subdivision 7; and 349.213; 1.8 repealing Minnesota Statutes 2000, section 349.168. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2000, section 297E.06, 1.11 subdivision 4, is amended to read: 1.12 Subd. 4. [ANNUAL AUDIT.] (a) An organization licensed 1.13 under chapter 349 with gross receipts from lawful gambling of 1.14 more than
$250,000$300,000 in any year must have an annual 1.15 financial audit of its lawful gambling activities and funds for 1.16 that year. An organization licensed under chapter 349 with 1.17 gross receipts from lawful gambling of more 1.18 than $50,000$150,000 but not more than $250,000$300,000 in any 1.19 year must have an annual financial review of its lawful gambling 1.20 activities and funds for that year. Audits and financial reviews 1.21 under this subdivision must be performed by an independent 1.22 accountant licensed by the state of Minnesota. 1.23 (b) The commissioner of revenue shall prescribe standards 1.24 for audits and financial review required under this 1.25 subdivision. The standards may vary based on the gross receipts 1.26 of the organization. The standards must incorporate and be 1.27 consistent with standards prescribed by the American institute 2.1 of certified public accountants. A complete, true, and correct 2.2 copy of the audit report must be filed as prescribed by the 2.3 commissioner. 2.4 Sec. 2. Minnesota Statutes 2000, section 349.12, 2.5 subdivision 25, is amended to read: 2.6 Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one 2.7 or more of the following: 2.8 (1) any expenditure by or contribution to a 501(c)(3) or 2.9 festival organization, as defined in subdivision 15a, provided 2.10 that the organization and expenditure or contribution are in 2.11 conformity with standards prescribed by the board under section 2.12 349.154, which standards must apply to both types of 2.13 organizations in the same manner and to the same extent; 2.14 (2) a contribution to an individual or family suffering 2.15 from poverty, homelessness, or physical or mental disability, 2.16 which is used to relieve the effects of that poverty, 2.17 homelessness, or disability; 2.18 (3) a contribution to an individual for treatment for 2.19 delayed posttraumatic stress syndrome or a contribution to a 2.20 program recognized by the Minnesota department of human services 2.21 for the education, prevention, or treatment of compulsive 2.22 gambling; 2.23 (4) a contribution to or expenditure on a public or private 2.24 nonprofit educational institution registered with or accredited 2.25 by this state or any other state; 2.26 (5) a contribution to a scholarship fund for defraying the 2.27 cost of education to individuals where the funds are awarded 2.28 through an open and fair selection process; 2.29 (6) activities by an organization or a government entity 2.30 which recognize humanitarian or military service to the United 2.31 States, the state of Minnesota, or a community, subject to rules 2.32 of the board, provided that the rules must not include mileage 2.33 reimbursements in the computation of the per occasion 2.34 reimbursement limit and must impose no aggregate annual limit on 2.35 the amount of reasonable and necessary expenditures made to 2.36 support: 3.1 (i) members of a military marching or color guard unit for 3.2 activities conducted within the state; 3.3 (ii) members of an organization solely for services 3.4 performed by the members at funeral services; or 3.5 (iii) members of military marching, color guard, or honor 3.6 guard units may be reimbursed for participating in color guard, 3.7 honor guard, or marching unit events within the state or states 3.8 contiguous to Minnesota at a per participant rate of up to $35 3.9 per occasion; 3.10 (7) recreational, community, and athletic facilities and 3.11 activities intended primarily for persons under age 21, provided 3.12 that such facilities and activities do not discriminate on the 3.13 basis of gender and the organization complies with section 3.14 349.154; 3.15 (8) payment of local taxes authorized under this chapter, 3.16 taxes imposed by the United States on receipts from lawful 3.17 gambling, the taxes imposed by section 297E.02, subdivisions 1, 3.18 4, 5, and 6, and the tax imposed on unrelated business income by 3.19 section 290.05, subdivision 3; 3.20 (9) payment of real estate taxes and assessments on 3.21 permitted gambling premises wholly owned by the licensed 3.22 organization paying the taxes, not to exceed: 3.23 (i) for premises used for bingo, the amount that an 3.24 organization may expend under board rules on rent for bingo; and 3.25 (ii) $35,000 per year for premises used for other forms of 3.26 lawful gambling; 3.27 (10) a contribution to the United States, this state or any 3.28 of its political subdivisions, or any agency or instrumentality 3.29 thereof other than a direct contribution to a law enforcement or 3.30 prosecutorial agency; 3.31 (11) a contribution to or expenditure by a nonprofit 3.32 organization which is a church or body of communicants gathered 3.33 in common membership for mutual support and edification in 3.34 piety, worship, or religious observances; 3.35 (12) payment of one-half ofthe reasonable costs of an 3.36 audit required in section 297E.06, subdivision 4, provided the 4.1 annual audit is filed in a timely manner with the department of 4.2 revenue; 4.3 (13) a contribution to or expenditure on a wildlife 4.4 management project that benefits the public at-large, provided 4.5 that the state agency with authority over that wildlife 4.6 management project approves the project before the contribution 4.7 or expenditure is made; 4.8 (14) expenditures, approved by the commissioner of natural 4.9 resources, by an organization for grooming and maintaining 4.10 snowmobile and all-terrain vehicle trails that are (1) 4.11 grant-in-aid trails established under section 85.019, or (2) 4.12 other trails open to public use, including purchase or lease of 4.13 equipment for this purpose; or 4.14 (15) conducting nutritional programs, food shelves, and 4.15 congregate dining programs primarily for persons who are age 62 4.16 or older or disabled; or 4.17 (16) a contribution to a community arts organization, or an 4.18 expenditure to sponsor arts programs in the community, including 4.19 but not limited to visual, literary, performing, or musical arts. 4.20 (b) Notwithstanding paragraph (a), "lawful purpose" does 4.21 not include: 4.22 (1) any expenditure made or incurred for the purpose of 4.23 influencing the nomination or election of a candidate for public 4.24 office or for the purpose of promoting or defeating a ballot 4.25 question; 4.26 (2) any activity intended to influence an election or a 4.27 governmental decision-making process; 4.28 (3) the erection, acquisition, improvement, expansion, 4.29 repair, or maintenance of real property or capital assets owned 4.30 or leased by an organization, unless the board has first 4.31 specifically authorized the expenditures after finding that (i) 4.32 the real property or capital assets will be used exclusively for 4.33 one or more of the purposes in paragraph (a); (ii) with respect 4.34 to expenditures for repair or maintenance only, that the 4.35 property is or will be used extensively as a meeting place or 4.36 event location by other nonprofit organizations or community or 5.1 service groups and that no rental fee is charged for the use; 5.2 (iii) with respect to expenditures, including a mortgage payment 5.3 or other debt service payment, for erection or acquisition only, 5.4 that the erection or acquisition is necessary to replace with a 5.5 comparable building, a building owned by the organization and 5.6 destroyed or made uninhabitable by fire or natural disaster, 5.7 provided that the expenditure may be only for that part of the 5.8 replacement cost not reimbursed by insurance; (iv) with respect 5.9 to expenditures, including a mortgage payment or other debt 5.10 service payment, for erection or acquisition only, that the 5.11 erection or acquisition is necessary to replace with a 5.12 comparable building a building owned by the organization that 5.13 was acquired from the organization by eminent domain or sold by 5.14 the organization to a purchaser that the organization reasonably 5.15 believed would otherwise have acquired the building by eminent 5.16 domain, provided that the expenditure may be only for that part 5.17 of the replacement cost that exceeds the compensation received 5.18 by the organization for the building being replaced; or (v) with 5.19 respect to an expenditure to bring an existing building into 5.20 compliance with the Americans with Disabilities Act under item 5.21 (ii), an organization has the option to apply the amount of the 5.22 board-approved expenditure to the erection or acquisition of a 5.23 replacement building that is in compliance with the Americans 5.24 with Disabilities Act; 5.25 (4) an expenditure by an organization which is a 5.26 contribution to a parent organization, foundation, or affiliate 5.27 of the contributing organization, if the parent organization, 5.28 foundation, or affiliate has provided to the contributing 5.29 organization within one year of the contribution any money, 5.30 grants, property, or other thing of value; 5.31 (5) a contribution by a licensed organization to another 5.32 licensed organization unless the board has specifically 5.33 authorized the contribution. The board must authorize such a 5.34 contribution when requested to do so by the contributing 5.35 organization unless it makes an affirmative finding that the 5.36 contribution will not be used by the recipient organization for 6.1 one or more of the purposes in paragraph (a); or 6.2 (6) a contribution to a statutory or home rule charter 6.3 city, county, or town by a licensed organization with the 6.4 knowledge that the governmental unit intends to use the 6.5 contribution for a pension or retirement fund. 6.6 Sec. 3. Minnesota Statutes 2000, section 349.15, 6.7 subdivision 1, is amended to read: 6.8 Subdivision 1. [EXPENDITURE RESTRICTIONS.] Gross profits 6.9 from lawful gambling may be expended only for lawful purposes or 6.10 allowable expenses as authorized by the membership of the 6.11 conducting organization at a monthly meeting of the 6.12 organization's membership. Provided that no more than 6570 6.13 percent of the gross profit less the tax imposed under section 6.14 297E.02, subdivision 1, from bingo, and no more than 55 percent 6.15 of the gross profit from other forms of lawful gambling, may be 6.16 expended for allowable expenses related to lawful gambling. 6.17 Sec. 4. Minnesota Statutes 2000, section 349.15, is 6.18 amended by adding a subdivision to read: 6.19 Subd. 1a. [NATURAL DISASTER RELIEF.] An organization may 6.20 expend gross profits from lawful gambling to relieve the effects 6.21 of a natural disaster without the prior approval of its 6.22 membership if: 6.23 (1) the contribution is a lawful purpose under section 6.24 349.12, subdivision 25; 6.25 (2) the contribution is authorized by the organization's 6.26 treasurer, chief executive officer, and gambling manager; and 6.27 (3) the contribution is approved by the membership of the 6.28 organization at its next regularly scheduled monthly meeting. 6.29 If the contribution is not approved by the membership of the 6.30 organization at its next regularly scheduled monthly meeting, 6.31 the organization shall reimburse its gambling account in the 6.32 amount of the contribution. 6.33 Sec. 5. Minnesota Statutes 2000, section 349.155, 6.34 subdivision 4a, is amended to read: 6.35 Subd. 4a. [ILLEGAL GAMBLING.] The board may not deny, 6.36 suspend, revoke, or refuse to renew an organization's license or 7.1 premises permit because illegal gambling occurred at thea site 7.2 for which thea premises permit was issued, unless the board 7.3 determines that : (1)the organization knowingly participated in 7.4 the illegal gambling ; or (2). The board may not deny, suspend, 7.5 revoke, or refuse to renew an organization's premises permit 7.6 because illegal gambling occurred at the site for which the 7.7 premises permit was issued, unless the board determines that the 7.8 organization or any of its agentsknew or reasonably should have7.9 knownof the illegal gambling and the organization did not 7.10 notify the lessor of the premises, in writing and with 7.11 specificity, that illegal gambling was being conducted on the 7.12 premises and requesting that the lessor take appropriate action. 7.13 Sec. 6. Minnesota Statutes 2000, section 349.17, is 7.14 amended by adding a subdivision to read: 7.15 Subd. 7. [NOON HOUR BINGO.] Notwithstanding subdivisions 1 7.16 and 3, an organization may conduct bingo subject to the 7.17 following restrictions: 7.18 (1) the bingo is conducted only between the hours of 11:00 7.19 a.m. and 2:00 p.m.; 7.20 (2) the bingo is conducted at a site the organization owns 7.21 or leases and which has a license for the sale of intoxicating 7.22 beverages on the premises under chapter 340A; 7.23 (3) the bingo is limited to one progressive bingo game as 7.24 defined by section 349.211, subdivision 2; 7.25 (4) the bingo is conducted using only disposable bingo 7.26 paper sheets; and 7.27 (5) if the premise is leased, the rent may not exceed $25 7.28 per day for each day bingo is conducted. 7.29 Sec. 7. Minnesota Statutes 2000, section 349.2127, 7.30 subdivision 7, is amended to read: 7.31 Subd. 7. [CHECKS FOR GAMBLING PURCHASES.] An organization 7.32 may not accept checks in payment for the purchase of any 7.33 gambling equipment or for the chance to participate in any form 7.34 of lawful gambling except a raffle. If an organization accepts 7.35 a check, the payment of which is subsequently dishonored, the 7.36 organization shall reimburse its gambling account for the amount 8.1 of the dishonored check within 30 days of receiving notice of 8.2 the dishonor. This subdivision does not apply to gaming 8.3 activities conducted pursuant to the Indian Gaming Regulatory 8.4 Act, United States Code, title 25, section 2701 et seq. 8.5 Sec. 8. Minnesota Statutes 2000, section 349.213, is 8.6 amended to read: 8.7 349.213 [LOCAL AUTHORITY.] 8.8 Subdivision 1. [LOCAL REGULATION.] (a) A statutory or home 8.9 rule city or county has the authority to adopt more stringent 8.10 regulation of lawful gambling within its jurisdiction, including 8.11 the prohibition of lawful gambling, and may require a permit for 8.12 the conduct of gambling exempt from licensing under section 8.13 349.166. The fee for a permit issued under this subdivision may 8.14 not exceed $100. The authority granted by this subdivision does 8.15 not include the authority to require a license or permit to 8.16 conduct gambling by organizations or sales by distributors 8.17 licensed by the board. The authority granted by this 8.18 subdivision does not include the authority to require an 8.19 organization to make specific expenditures of more than ten 8.20 percent per year from its net profits derived from lawful 8.21 gambling. For the purposes of this subdivision, net profits are 8.22 gross profits less amounts expended for allowable expenses and 8.23 paid in taxes assessed on lawful gambling. A statutory or home 8.24 rule charter city or a county may not require an organization 8.25 conducting lawful gambling within its jurisdiction to make an 8.26 expenditure to the city or county as a condition to operate 8.27 within that city or county, except as authorized under section 8.28 349.16, subdivision 8, or 297E.02; provided, however, that an 8.29 ordinance requirement that such organizations must contribute 8.30 ten percent per year of their net profits derived from lawful 8.31 gambling conducted at premises within the city's or county's 8.32 jurisdiction to a fund administered and regulated by the 8.33 responsible local unit of government without cost to such fund, 8.34 for disbursement by the responsible local unit of government of 8.35 the receipts for (i) lawful purposes, or (ii) police, fire, and 8.36 other emergency or public safety-related services, equipment, 9.1 and training, excluding pension obligations, is not considered 9.2 an expenditure to the city or county nor a tax under section 9.3 297E.02, and is valid and lawful. A city or county making 9.4 expenditures authorized under this paragraph must by March 15 of 9.5 each year file a report with the board, on a form the board 9.6 prescribes, that lists all such revenues collected and 9.7 expenditures for the previous calendar year. 9.8 (b) A statutory or home rule city or county may by 9.9 ordinance require that a licensed organization conducting lawful 9.10 gambling within its jurisdiction expend all or a portion of its 9.11 expenditures for lawful purposes on lawful purposes conducted or 9.12 located within the city's or county's trade area. Such an 9.13 ordinance must be limited to lawful purpose expenditures of 9.14 gross profits derived from lawful gambling conducted at premises 9.15 within the city's or county's jurisdiction, must define the 9.16 city's or county's trade area, and must specify the percentage 9.17 of lawful purpose expenditures which must be expended within the 9.18 trade area. A trade area defined by a city under this 9.19 subdivision must include each city and township contiguous to 9.20 the defining city. 9.21 (c) A more stringent regulation or prohibition of lawful 9.22 gambling adopted by a political subdivision under this 9.23 subdivision must apply equally to all forms of lawful gambling 9.24 within the jurisdiction of the political subdivision, except a 9.25 political subdivision may prohibit the use of paddlewheels. 9.26 Subd. 2. [LOCAL APPROVAL.] (a) [BINGO HALLS.] Before 9.27 issuing or renewing a premises permit orbingo hall license, the 9.28 board must notify the city council of the statutory or home rule 9.29 city in which the organization's premises or thebingo hall is 9.30 located or, if the premises orhall is located outside a city, 9.31 the county board of the county and the town board of the town 9.32 where the premises orhall is located. The board may 9.33 require organizations orbingo halls to notify the appropriate 9.34 local government at the time of application. This required 9.35 notification is sufficient to constitute the notice required by 9.36 this subdivision. The board may not issue or renew a premises10.1 permit orbingo hall license unless the organization submits a 10.2 resolution from the city council or county board approving 10.3 the premises permit orbingo hall license. The resolution must 10.4 have been adopted within 6090 days of the date of application 10.5 for the new or renewed permit orlicense. 10.6 (b) [PREMISES PERMIT.] The board may not issue a new 10.7 premises permit unless the organization submits a resolution 10.8 approving the premises permit from the city council where the 10.9 premises is located, or if the premises is located outside a 10.10 city, from the county board of the county where the premises is 10.11 located. The resolution must have been adopted within 90 days 10.12 of the date of the application for the new premises permit. 10.13 This subdivision shall not apply to the renewal of a premises 10.14 permit and neither the board nor a city or county may require a 10.15 resolution approving the renewal of a premises permit. 10.16 Subd. 3. [LOCAL GAMBLING TAX.] A statutory or home rule 10.17 charter city that has one or more licensed organizations 10.18 operating lawful gambling, and a county that has one or more 10.19 licensed organizations outside incorporated areas operating 10.20 lawful gambling, may impose a local gambling tax on each 10.21 licensed organization within the city's or county's 10.22 jurisdiction. The tax may be imposed only if the amount to be 10.23 received by the city or county is necessary to cover the costs 10.24 incurred by the city or county to regulate lawful gambling. The 10.25 tax imposed by this subdivision may not exceed three percent per 10.26 year of the gross receipts of a licensed organization from all 10.27 lawful gambling less prizes actually paid out by the 10.28 organization. A city or county may not use money collected 10.29 under this subdivision for any purpose other than to regulate 10.30 lawful gambling. A tax imposed under this subdivision is in 10.31 lieu of all other local taxes and local investigation fees on 10.32 lawful gambling. A city or county that imposes a tax under this 10.33 subdivision shall annually, by March 15, file a report with the 10.34 board in a form prescribed by the board showing (1) the amount 10.35 of revenue produced by the tax during the preceding calendar 10.36 year, and (2) the use of the proceeds of the tax. 11.1 Sec. 9. [REPEALER.] 11.2 Minnesota Statutes 2000, section 349.168, is repealed. 11.3 Sec. 10. [EFFECTIVE DATE.] 11.4 Sections 1 to 9 are effective the day following final 11.5 enactment.