HF 3825

as introduced - 86th Legislature (2009 - 2010) Posted on 05/04/2010 08:27am

A bill for an act
relating to stadiums; providing alternative plans for a new National Football
League stadium in Minnesota; establishing the Minnesota Stadium Authority;
abolishing the Metropolitan Sports Facilities Commission; amending Minnesota
Statutes 2008, sections 13.55, subdivision 1; 297A.71, by adding a subdivision;
352.01, subdivision 2a; 473.121, subdivision 5a; 473.164; 473.551, by adding
subdivisions; 473.552; 473.553, subdivisions 2, 3; 473.556, subdivision 5;
473.561; 473.581, subdivision 2; 473.5995, by adding a subdivision; Minnesota
Statutes 2009 Supplement, sections 3.971, subdivision 6; 10A.01, subdivision
35; 340A.404, subdivision 1; Laws 1986, chapter 396, section 4, subdivision
3; proposing coding for new law in Minnesota Statutes, chapters 349A; 473;
proposing coding for new law as Minnesota Statutes, chapter 473J; repealing
Minnesota Statutes 2008, sections 137.50, subdivision 5; 473.551; 473.552;
473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; 473.564, subdivisions
2, 3; 473.5995; 473.755; 473.76; 473.763.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

MINNESOTA STADIUM AUTHORITY

Section 1.

Minnesota Statutes 2009 Supplement, section 3.971, subdivision 6, is
amended to read:

Subd. 6.

Financial audits.

The legislative auditor shall audit the financial
statements of the state of Minnesota required by section 16A.50 and, as resources permit,
shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
agencies, departments, boards, commissions, courts, and other state organizations subject
to audit by the legislative auditor, including the State Agricultural Society, Agricultural
Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
Metropolitan Sports Facilities Commission, new text begin Minnesota Stadium Authority, new text end Metropolitan
Airports Commission, and Metropolitan Mosquito Control District. Financial audits
must be conducted according to generally accepted government auditing standards. The
legislative auditor shall see that all provisions of law respecting the appropriate and
economic use of public funds are complied with and may, as part of a financial audit or
separately, investigate allegations of noncompliance.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 10A.01, subdivision 35, is
amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State
High School League;

(18) member of the Minnesota Ballpark Authority established in section 473.755;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism; deleted text begin or
deleted text end

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in
section 97A.056 new text begin ; or
new text end

new text begin (24) member or chief executive of the Minnesota Stadium Authority, established
in section 473J.05 new text end .

Sec. 3.

Minnesota Statutes 2008, section 297A.71, is amended by adding a subdivision
to read:

new text begin Subd. 42. new text end

new text begin Football stadium building materials. new text end

new text begin Materials and supplies used or
consumed in, and equipment incorporated into, the construction or improvement of the
stadium and public infrastructure constructed pursuant to chapter 473J are exempt. This
subdivision expires one year after the date that the first National Football League game is
played in the stadium for materials, supplies, and equipment used in the stadium, and five
years after the issuance of the first bonds under section 473J.15 for materials, supplies,
and equipment used in the public infrastructure.
new text end

Sec. 4.

Minnesota Statutes 2009 Supplement, section 340A.404, subdivision 1, is
amended to read:

Subdivision 1.

Cities.

(a) A city may issue an on-sale intoxicating liquor license to
the following establishments located within its jurisdiction:

(1) hotels;

(2) restaurants;

(3) bowling centers;

(4) clubs or congressionally chartered veterans organizations with the approval of
the commissioner, provided that the organization has been in existence for at least three
years and liquor sales will only be to members and bona fide guests, except that a club
may permit the general public to participate in a wine tasting conducted at the club under
section 340A.419;

new text begin (5) sports facilities located on land owned or leased by the Minnesota Stadium
Authority;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end sports facilities located on land owned by the Metropolitan Sports
Commission; and

deleted text begin (6) deleted text end new text begin (7) new text end exclusive liquor stores.

(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
ordinance, or charter provision. A license issued under this paragraph authorizes sales on
all days of the week to persons attending events at the theater.

(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a convention center within the city, notwithstanding
any law, local ordinance, or charter provision. A license issued under this paragraph
authorizes sales on all days of the week to persons attending events at the convention
center. This paragraph does not apply to convention centers located in the seven-county
metropolitan area.

Sec. 5.

Minnesota Statutes 2008, section 352.01, subdivision 2a, is amended to read:

Subd. 2a.

Included employees.

(a) "State employee" includes:

(1) employees of the Minnesota Historical Society;

(2) employees of the State Horticultural Society;

(3) employees of the Minnesota Crop Improvement Association;

(4) employees of the adjutant general who are paid from federal funds and who are
not covered by any federal civilian employees retirement system;

(5) employees of the Minnesota State Colleges and Universities employed under the
university or college activities program;

(6) currently contributing employees covered by the system who are temporarily
employed by the legislature during a legislative session or any currently contributing
employee employed for any special service as defined in subdivision 2b, clause (8);

(7) employees of the legislature appointed without a limit on the duration of their
employment and persons employed or designated by the legislature or by a legislative
committee or commission or other competent authority to conduct a special inquiry,
investigation, examination, or installation;

(8) trainees who are employed on a full-time established training program
performing the duties of the classified position for which they will be eligible to receive
immediate appointment at the completion of the training period;

(9) employees of the Minnesota Safety Council;

(10) any employees on authorized leave of absence from the Transit Operating
Division of the former Metropolitan Transit Commission who are employed by the
labor organization which is the exclusive bargaining agent representing employees of
the Transit Operating Division;

(11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
Commission, Metropolitan Sports Facilities Commission, Metropolitan Mosquito Control
Commission, or Metropolitan Radio Board unless excluded or covered by another public
pension fund or plan under section 473.415, subdivision 3;

(12) judges of the Tax Court;

(13) personnel employed on June 30, 1992, by the University of Minnesota in the
management, operation, or maintenance of its heating plant facilities, whose employment
transfers to an employer assuming operation of the heating plant facilities, so long as the
person is employed at the University of Minnesota heating plant by that employer or by its
successor organization;

(14) seasonal help in the classified service employed by the Department of Revenue;

(15) persons employed by the Department of Commerce as a peace officer in
the Insurance Fraud Prevention Division under section 45.0135 who have attained the
mandatory retirement age specified in section 43A.34, subdivision 4;

(16) employees of the University of Minnesota unless excluded under subdivision
2b, clause (3);

(17) employees of the Middle Management Association whose employment began
after July 1, 2007, and to whom section 352.029 does not apply; deleted text begin and
deleted text end

(18) employees of the Minnesota Government Engineers Council to whom section
352.029 does not apply new text begin ; and
new text end

new text begin (19) employees of the Minnesota Stadium Authority new text end .

(b) Employees specified in paragraph (a), clause (13), are included employees under
paragraph (a) if employer and employee contributions are made in a timely manner in the
amounts required by section 352.04. Employee contributions must be deducted from
salary. Employer contributions are the sole obligation of the employer assuming operation
of the University of Minnesota heating plant facilities or any successor organizations to
that employer.

Sec. 6.

new text begin [473J.01] PURPOSE.
new text end

new text begin The purpose of this chapter is to provide for the construction, financing, and
long-term use of a stadium primarily as a venue for professional football. The legislature
finds and declares that the expenditure of public money for this purpose is necessary and
serves a public purpose, and that property acquired by the Minnesota Stadium Authority
for the construction of the stadium and related public infrastructure is acquired for a public
use or public purpose under chapter 117. The legislature further finds and declares that
any provision in a lease or use agreement with a professional football team that requires
the team to play its home games in a publicly funded stadium for the duration of the
lease or use agreement serves a unique public purpose for which the remedies of specific
performance and injunctive relief are essential to its enforcement. The legislature further
finds and declares that government assistance to facilitate the presence of professional
football provides to the state of Minnesota and its citizens highly valued intangible
benefits that are virtually impossible to quantify and, therefore, not recoverable even if
the government receives monetary damages in the event of a team's breach of contract.
Minnesota courts are, therefore, charged with protecting those benefits through the use
of specific performance and injunctive relief as provided in this chapter and in the lease
and use agreements.
new text end

Sec. 7.

new text begin [473J.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For the purposes of this chapter, the terms defined in
this section have the meanings given them, except as otherwise expressly provided or
indicated by the context.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin "Authority" means the Minnesota Stadium Authority
established under section 473J.07.
new text end

new text begin Subd. 3. new text end

new text begin City. new text end

new text begin "City" means the city in which the stadium is located.
new text end

new text begin Subd. 4. new text end

new text begin County. new text end

new text begin "County" means the county in which the stadium is located.
new text end

new text begin Subd. 5. new text end

new text begin Development area. new text end

new text begin "Development area" means the stadium site and
adjacent area, as specified by the city or county in the final agreement with the authority.
new text end

new text begin Subd. 6. new text end

new text begin Stadium. new text end

new text begin "Stadium" means the stadium suitable for professional football
to be designed, constructed, and financed under this chapter.
new text end

new text begin Subd. 7. new text end

new text begin Stadium costs. new text end

new text begin "Stadium costs" means the costs of designing, constructing,
and equipping a stadium suitable for professional football.
new text end

new text begin Subd. 8. new text end

new text begin Public infrastructure. new text end

new text begin "Public infrastructure" means all property,
facilities, and improvements determined by the authority to facilitate the development and
use of the stadium, including but not limited to property and improvements for drainage,
environmental remediation, parking, roadways, walkways, skyways, pedestrian bridges,
bicycle paths, and transit improvements to facilitate public access to the stadium, lighting,
landscaping, utilities, streets, and streetscapes.
new text end

new text begin Subd. 9. new text end

new text begin Streetscape. new text end

new text begin "Streetscape" means improvements to streets and sidewalks
or other public rights-of-way for the purpose of enhancing the movement, safety,
convenience, or enjoyment of stadium patrons and other pedestrians, including decorative
lighting and surfaces, plantings, display and exhibit space, adornments, seating, and
transit and bus shelters.
new text end

new text begin Subd. 10. new text end

new text begin Team. new text end

new text begin "Team" means the owner and operator of the professional football
team known as of the effective date of this chapter as the Minnesota Vikings or any team
owned and operated by someone who purchases or otherwise takes ownership or control
of or reconstitutes the professional football team known as the Minnesota Vikings.
new text end

Sec. 8.

new text begin [473J.07] MINNESOTA STADIUM AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Established. new text end

new text begin To achieve the purposes of this chapter, the Minnesota
Stadium Authority is established as a public body, corporate and politic, and political
subdivision of the state.
new text end

new text begin Subd. 2. new text end

new text begin Membership; appointment; terms. new text end

new text begin (a) The Minnesota Stadium Authority
consists of 13 members appointed by the governor, one from each region defined in
section 462.385, subdivision 1. Each member must be a resident of the region represented.
new text end

new text begin (b) The terms of the members from regions 1, 3, 5, 7E, 7W, and 9 expire on January
1, 2012. The terms of the members from regions 2, 4, 6E, 6W, 8, 10, and 11 expire on
January 1, 2014. A member serves until a successor has been appointed and taken the
office. The successors of each member must be appointed to four-year terms.
new text end

new text begin (c) Before making an appointment, the governor shall consult with each member
of the legislature from the region for which the member is to be appointed, to solicit the
legislator's recommendation on the appointment.
new text end

new text begin (d) While the location of the stadium is being determined, a member of the authority
must not serve as an elected or appointed official of a political subdivision in which the
stadium may be located. After a stadium site has been determined, a member must not
serve as an elected or appointed official of any political subdivision in which the stadium
is located.
new text end

new text begin Subd. 3. new text end

new text begin Chair. new text end

new text begin At the first meeting of the authority, the authority shall elect a chair
from among the authority members to serve until December 31 of that year. After that,
the authority shall elect a chair from among the authority members to serve a one-year
term beginning on January 1 of the following year. The chair presides at all meetings
of the authority, if present, and performs all other assigned duties and functions. The
authority may appoint from among its members a vice-chair to act for the chair during the
temporary absence or disability of the chair.
new text end

new text begin Subd. 4. new text end

new text begin Removal. new text end

new text begin A member, including the chair, may be removed by the
appointing authority for misfeasance, malfeasance, or nonfeasance in office, upon written
charges and after an opportunity to be heard in defense of the charges.
new text end

new text begin Subd. 5. new text end

new text begin Bylaws. new text end

new text begin The authority shall adopt bylaws to establish rules of procedure,
the powers and duties of its officers, and other matters relating to the governance of the
authority and the exercise of its powers. Except as provided in this section, the bylaws
adopted under this subdivision must be similar in form and substance to bylaws adopted
by the Metropolitan Sports Facilities Commission pursuant to Minnesota Statutes 2008,
section 473.553.
new text end

new text begin Subd. 6. new text end

new text begin Audit. new text end

new text begin The legislative auditor shall audit the books and accounts of the
authority once each year or as often as the legislative auditor's funds and personnel permit.
The authority shall pay the total cost of the audit pursuant to section 3.9741.
new text end

new text begin Subd. 7. new text end

new text begin Executive director; employees. new text end

new text begin Within 30 days of the first meeting of the
members, the authority shall appoint an executive director to serve as the chief executive
officer of the authority. The executive director serves at the pleasure of the authority and
receives compensation as determined by it. The executive director is responsible for the
operation, management, and promotion of activities of the authority, as prescribed by the
authority. The executive director has the powers necessarily incident to the performance
of duties required and powers granted by the authority, but does not have authority
to incur liability or make expenditures on behalf of the authority without general or
specific directions by the authority, as shown by the bylaws or minutes of a meeting of the
authority. The executive director is responsible for hiring, supervision, and dismissal of all
other employees of the authority.
new text end

new text begin Subd. 8. new text end

new text begin Web site. new text end

new text begin The authority shall establish a Web site for purposes of
providing information to the public concerning all actions taken by the authority. At a
minimum, the Web site must contain a current version of the authority's bylaws, notices
of upcoming meetings, minutes of the authority's meetings, and contact telephone and
facsimile numbers for public comments.
new text end

Sec. 9.

new text begin [473J.09] POWERS, DUTIES OF THE AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Stadium location. new text end

new text begin The Minnesota Stadium Authority shall
determine the location of the stadium as provided in section 473J.11.
new text end

new text begin Subd. 2. new text end

new text begin Actions. new text end

new text begin The authority may sue and be sued. The authority is a public body
and the stadium and public infrastructure are public improvements within the meaning of
chapter 562. The authority is a municipality within the meaning of chapter 466.
new text end

new text begin Subd. 3. new text end

new text begin Acquisition of property. new text end

new text begin The authority may acquire from any public or
private entity by lease, purchase, gift, or devise all necessary right, title, and interest in
and to real property, air rights, and personal property deemed necessary to the purposes
contemplated by this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Disposition of property. new text end

new text begin The authority may sell, lease, or otherwise
dispose of any real or personal property acquired by the authority that is no longer required
for accomplishment of the authority's purposes. The property may be sold in accordance
with the procedures provided by section 469.065, except subdivisions 6 and 7, to the
extent the authority deems it to be practical and consistent with this chapter. Title to the
stadium must not be transferred or sold prior to the effective date of enactment of any
legislation approving such transfer or sale.
new text end

new text begin Subd. 5. new text end

new text begin Data practices; open meetings. new text end

new text begin Except as otherwise provided in this
chapter, the authority is subject to chapters 13 and 13D.
new text end

new text begin Subd. 6. new text end

new text begin Facility operation. new text end

new text begin The authority may equip, improve, operate, manage,
maintain, and control the stadium and related facilities constructed, remodeled, or acquired
under this chapter, subject to the rights and obligations transferred to and assumed by the
team or other user under the terms of a lease or use agreement, but in no case may a lease
or use agreement permit smoking in the stadium.
new text end

new text begin Subd. 7. new text end

new text begin Employees; contracts for services. new text end

new text begin The authority may employ persons
and contract for services necessary to carry out its functions, including the utilization of
employees and consultants retained by other governmental entities. The authority shall
enter into an agreement with the city and county regarding traffic control for the stadium.
new text end

new text begin Subd. 8. new text end

new text begin Gifts, grants. new text end

new text begin The authority may accept monetary contributions, property,
services, and grants or loans of money or other property from the United States, the state,
any subdivision of the state, any agency of those entities, or any person for any of its
purposes, and may enter into any agreement required in connection with the gifts, grants,
or loans. The authority shall hold, use, and dispose of the money, property, or services
according to the terms of the monetary contributions, grant, loan, or agreement.
new text end

new text begin Subd. 9. new text end

new text begin Use agreements. new text end

new text begin The authority may lease, license, or enter into use
agreements and may fix, alter, charge, and collect rentals, fees, and charges for the use,
occupation, and availability of part or all of any premises, property, or facilities under
its ownership, operation, or control for purposes that will provide athletic, educational,
cultural, commercial, or other entertainment, instruction, or activity for the citizens of
Minnesota and visitors. The use agreement may provide that the other contracting party
has exclusive use of the premises at the times agreed upon, as well as the right to retain
some or all revenues from ticket sales, suite licenses, concessions, advertising, naming
rights, and other revenues derived from the stadium. The lease or use agreement with a
team must provide for the payment by the team of an agreed upon portion of operating
and maintenance costs and expenses and provide other terms in which the authority and
team agree.
new text end

new text begin Subd. 10. new text end

new text begin Research. new text end

new text begin The authority may conduct research studies and programs;
collect and analyze data; prepare reports, maps, charts, and tables; and conduct all
necessary hearings and investigations in connection with its functions.
new text end

new text begin Subd. 11. new text end

new text begin Insurance. new text end

new text begin The authority may require any employee to obtain and file
with the authority an individual bond or fidelity insurance policy. The authority may
procure insurance in the amounts the authority considers necessary against liability of the
authority or its officers and employees for personal injury or death and property damage or
destruction, consistent with chapter 466, and against risks of damage to or destruction of
any of its facilities, equipment, or other property.
new text end

new text begin Subd. 12. new text end

new text begin Exemption from Metropolitan Council review, Business Subsidy Act.
new text end

new text begin The acquisition and betterment of a stadium by the authority must be conducted pursuant
to this chapter and are not subject to sections 473.165 and 473.173. Section 116J.994
does not apply to any transactions of the authority or other governmental entity related
to the stadium or public infrastructure, or to any tenant or other users of the stadium
or public infrastructure.
new text end

new text begin Subd. 13. new text end

new text begin Contracts. new text end

new text begin (a) The authority may enter into a development agreement
with the team and any other entity relating to the construction, financing, and use of
the stadium and related facilities and public infrastructure. The authority may contract
for materials, supplies, and equipment in accordance with section 471.345, except that
the authority may employ or contract with persons, firms, or corporations to perform
one or more or all of the functions of architect, engineer, or construction manager with
respect to all or any part of the stadium and public infrastructure. Alternatively, at the
request of the team, the authority shall authorize the team to provide for the design and
construction of the stadium and related public infrastructure, subject to terms of this
chapter. The construction manager may enter into contracts with contractors for labor,
materials, supplies, and equipment for the construction of the stadium and related public
infrastructure through the process of public bidding, except that the construction manager
may, with the consent of the authority or the team:
new text end

new text begin (1) narrow the listing of eligible bidders to those which the construction manager
determines to possess sufficient expertise to perform the intended functions;
new text end

new text begin (2) award contracts to the contractors that the construction manager determines
provide the best value under a request for proposals as described in section 16C.28,
subdivision 1, paragraphs (a), clause (2), and (c), which are not required to be the lowest
responsible bidder; and
new text end

new text begin (3) for work the construction manager determines to be critical to the completion
schedule, award contracts on the basis of competitive proposals, or perform work with
its own forces without soliciting competitive bids if the construction manager provides
evidence of competitive pricing.
new text end

new text begin (b) The authority shall require that the construction manager certify, before the
contract is signed, a fixed and stipulated construction price and completion date to the
authority and post a performance bond in an amount at least equal to 100 percent of the
certified price, to cover any costs which may be incurred in excess of the certified price,
including but not limited to costs incurred by the authority or loss of revenues resulting
from incomplete construction on the completion date. The authority may secure surety
bonds as provided in section 574.26, securing payment of just claims in connection
with all public work undertaken by it. Persons entitled to the protection of the bonds
may enforce them as provided in sections 574.28 to 574.32, and are not entitled to a
lien on any property of the authority under the provisions of sections 514.01 to 514.16.
Contracts for construction and operation of the stadium must include programs, including
Youthbuild, to provide for participation by small local businesses and businesses owned
by people of color, and the inclusion of women and people of color in the workforces of
contractors and stadium operators. The construction of the stadium is a project as that
term is defined in section 177.42, subdivision 2, and is subject to the prevailing wage law
under sections 177.41 to 177.43.
new text end

new text begin Subd. 14. new text end

new text begin Other professional sports facilities. new text end

new text begin The authority may contribute to the
design, construction, or improvement of other professional sports facilities located in a
metropolitan statistical area, as defined in section 473J.14.
new text end

new text begin Subd. 15. new text end

new text begin Incidental powers. new text end

new text begin In addition to the powers expressly granted in this
chapter, the authority has all powers necessary or incidental thereto.
new text end

Sec. 10.

new text begin [473J.11] SELECTION CRITERIA; REQUEST FOR PROPOSALS.
new text end

new text begin Subdivision 1. new text end

new text begin Selection proposals. new text end

new text begin The Minnesota Stadium Authority shall issue a
request for proposals for political subdivisions to be selected to finance and construct a
stadium for the team. This proposal must be published in the State Register and contain, at
a minimum, the following requirements:
new text end

new text begin (1) a requirement that all proposals specify a location for the new stadium or a
process for selecting a site in an expeditious fashion;
new text end

new text begin (2) a list of taxes, fees, and expenditures that will form the commitment of the
political subdivision or subdivisions to the financing of the stadium;
new text end

new text begin (3) a list of amenities, infrastructure, and other improvements that will be offered
to the team and the Minnesota Stadium Authority as part of the proposal for location
of the new stadium; and
new text end

new text begin (4) if applicable, a list of any proposed subsidiary uses of proposed financing tools,
such as financing for amateur sports, libraries, or other ancillary purposes.
new text end

new text begin Subd. 2. new text end

new text begin Process. new text end

new text begin The Minnesota Stadium Authority shall receive all proposals
and shall publish their contents. The team and the authority shall jointly select a
winning proposal and shall negotiate all necessary agreements with the selected political
subdivisions necessary to begin the process of constructing a stadium.
new text end

new text begin Subd. 3. new text end

new text begin Requirements. new text end

new text begin The following must be used as the basis for each proposal:
new text end

new text begin (1) the taxes, fees, and contributions designated under section 473J.15, subdivision
9, are available to finance the stadium and public infrastructure;
new text end

new text begin (2) the state of Minnesota is not required to provide additional funding or resources
not explicitly required or allowed under this act;
new text end

new text begin (3) all provisions of this chapter must be reflected in any proposal, but a specific
modification of a provision of this chapter may be proposed as a part of a proposal; and
new text end

new text begin (4) to the extent practicable, consistent with the purpose of constructing a stadium in
a partnership with the team, all revenues raised should be related directly or indirectly to
the persons benefitting from the stadium.
new text end

Sec. 11.

new text begin [473J.13] CRITERIA AND CONDITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Binding and enforceable. new text end

new text begin In developing the stadium and entering
into related contracts, the authority must follow and enforce the criteria and conditions in
this section, provided that a determination by the authority that those criteria or conditions
have been met under any agreement or otherwise shall be conclusive.
new text end

new text begin Subd. 2. new text end

new text begin Team contribution. new text end

new text begin The team must agree to contribute one-third of the
stadium costs, less a proportionate share of any amount by which actual stadium costs
may be less than a budgeted amount to be determined. In addition, as a portion of the
one-third, the team must contribute a fan participation payment in lieu of an admission
tax, concession surtax, or other sources derived directly from users of the stadium. The
team contributions must be funded in cash during the construction period. In addition to
any other team contribution, the team must agree to assume and pay when due all cost
overruns for the stadium costs that exceed the budget.
new text end

new text begin Subd. 3. new text end

new text begin Reserve for capital improvements. new text end

new text begin The authority shall establish a reserve
account for capital improvements to the stadium. The reserve account must be funded with
an amount to be determined. The team's share of those payments must be as determined
by agreement of the team and authority. The annual payments shall increase according
to an inflation index determined by the authority, provided that any portion of the team's
contribution that has already been reduced to present value shall not increase according to
an inflation index. The authority may accept contributions from any other source for the
portion of the funding not required to be provided by the team.
new text end

new text begin Subd. 4. new text end

new text begin Lease or use agreements; 40-year term. new text end

new text begin The authority must enter into
a long-term lease or use agreement with the team for the team's use of the stadium.
The team must agree to play all regularly scheduled and postseason home games at the
stadium. Preseason games may also be scheduled and played at the stadium. The lease or
use agreement must be for a term of at least 40 years from the date of stadium completion.
The lease or use agreement must include terms for default, termination, and breach of
the agreement. Recognizing that the presence of professional football provides to the
state of Minnesota and its citizens highly valued, intangible benefits that are virtually
impossible to quantify and, therefore, not recoverable in the event of a team owner's
breach of contract, the lease and use agreements must provide for specific performance
and injunctive relief to enforce provisions relating to use of the stadium for professional
football and must not include escape clauses or buyout provisions. The team must not
enter into or accept any agreement or requirement with or from the National Football
League or any other entity that is inconsistent with the team's binding commitment to the
40-year term of the lease or use agreement or that would in any manner dilute, interfere
with, or negate the provisions of the lease or use agreement, or of any grant agreement
under section 473J.15 that includes a specific performance clause, providing for specific
performance or injunctive relief. The legislature conclusively determines, as a matter of
public policy, that the lease or use agreement, and any grant agreement under this chapter
that includes a specific performance clause:
new text end

new text begin (1) explicitly authorize specific performance as a remedy for breach;
new text end

new text begin (2) are made for adequate consideration and upon terms which are otherwise fair
and reasonable;
new text end

new text begin (3) have not been included through sharp practice, misrepresentation, or mistake;
new text end

new text begin (4) if specifically enforced, do not cause unreasonable or disproportionate hardship
or loss to the team or to third parties; and
new text end

new text begin (5) involve performance in a manner and the rendering of services of a nature and
under circumstances that the beneficiary cannot be adequately compensated in damages.
new text end

new text begin Subd. 5. new text end

new text begin Lease or use agreements; revenues, payments. new text end

new text begin The authority must
provide in the lease or use agreements with the team that the team pay for use of the
stadium as follows: an amount negotiated with the authority in the first year, and then an
amount each year thereafter equal to the previous year's lease payment plus an increase to
cover actual and projected costs of stadium operation. The authority must agree to provide
for the team to receive all game-day revenues, suite revenues, and proceeds from the sale
of naming rights. The agreement must provide for the authority to receive all general
ticket revenues from nonprofessional football games or events.
new text end

new text begin Subd. 6. new text end

new text begin Notice of breach or default. new text end

new text begin Until 40 years from the date of stadium
completion, the team must provide written notice to the authority not less than 90 days
prior to any action, including any action imposed upon the team by the National Football
League, which would result in a breach or default of provisions of the lease or use
agreements required to be included under subdivision 4. If this notice provision is violated
and the team has already breached or been in default under the required provisions, the
authority or the state of Minnesota may specifically enforce the lease or use agreement and
Minnesota courts shall fashion equitable remedies so that the team fulfills the conditions
of the lease and use agreements, including, but not limited to, remedies against the
National Football League.
new text end

new text begin Subd. 7. new text end

new text begin Enforceable financial commitments. new text end

new text begin The authority must determine
before stadium construction begins that all public and private funding sources for
construction of the stadium are included in written agreements. The committed funds must
be adequate to design, construct, furnish, and equip the stadium.
new text end

new text begin Subd. 8. new text end

new text begin Environmental requirements. new text end

new text begin The authority must comply with all
environmental requirements imposed by regulatory agencies for the stadium, site, and
structure, except as provided by section 473J.15.
new text end

new text begin Subd. 9. new text end

new text begin Public share on sale of team. new text end

new text begin The lease or use agreement must provide
that, if the team is sold after the effective date of this chapter, a portion of the sale price
must be paid to the authority and deposited in a reserve fund for improvements to the
stadium or expended as the authority may otherwise direct. The portion required to be
so paid to the authority is 18 percent of the gross sale price, declining to zero ten years
after commencement of stadium construction in increments of 1.8 percent each year.
The agreement must provide exceptions for sales to members of the owner's family and
entities and trusts beneficially owned by family members, sales to employees of equity
interests aggregating up to ten percent, and sales related to capital infusions not distributed
to the owners.
new text end

new text begin Subd. 10. new text end

new text begin Authority's access to team financial information. new text end

new text begin The lease or use
agreement must provide the authority access to annual audited financial statements of
the team and other financial books and records that the authority deems necessary to
determine compliance by the team with this chapter, and to enforce the terms of any lease
or use agreements entered into under this chapter. Any financial information obtained by
the authority under this subdivision is nonpublic data under section 13.02, subdivision 9.
new text end

new text begin Subd. 11. new text end

new text begin No strikes, lockouts. new text end

new text begin The authority must negotiate a public sector project
labor agreement or other agreement to prevent strikes and lockouts that would halt, delay,
or impede construction of the stadium and related facilities.
new text end

new text begin Subd. 12. new text end

new text begin Team name retained. new text end

new text begin The lease or use agreement must provide that the
team and National Football League will transfer to the state of Minnesota the Minnesota
Vikings' heritage and records, including the name, logo, colors, history, playing records,
trophies, and memorabilia in the event of any dissolution or relocation of the Vikings
franchise.
new text end

new text begin Subd. 13. new text end

new text begin Stadium design. new text end

new text begin (a) The authority will strive to build a stadium that
is environmentally and energy efficient and will make an effort to build a stadium that
is eligible to receive the Leadership in Energy and Environmental Design (LEED)
certification for environmental design, and to the extent practicable, will strive to make the
stadium design architecturally significant.
new text end

new text begin (b) The stadium design must, to the extent feasible, follow sustainable building
guidelines established under section 16B.325.
new text end

new text begin (c) The authority must ensure that the stadium be, to the greatest extent practicable,
constructed of American-made steel.
new text end

Sec. 12.

new text begin [473J.14] TAXES; AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin General authority; disposition of revenues. new text end

new text begin (a) The authority may
impose the taxes authorized under this section for the following purposes:
new text end

new text begin (1) to provide financing for the acquisition, construction, improvement, and
operation of the stadium; and
new text end

new text begin (2) to provide financing for the acquisition, construction, improvement, renovation
or operation of other sports facilities located in a metropolitan statistical area in this state.
new text end

new text begin (b) The commissioner shall pay the proceeds of any taxes imposed under this
section to the authority.
new text end

new text begin (c) The authority must use the proceeds of any taxes it receives under paragraph
(b) to:
new text end

new text begin (1) make grants to the municipality under section 473J.15, subdivision 4, for the
purpose of paying principal, premium, interest, escrows, reserves, and all fees and costs
related to the bonds issued under that section to finance the acquisition, construction, and
improvement of the stadium and related infrastructure; and
new text end

new text begin (2) fund an escrow account for other sports facilities with any remaining proceeds
not required to make the payments under clause (1).
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Commissioner" means the commissioner of revenue.
new text end

new text begin (c) "Metropolitan area" means metropolitan area as defined in section 473.121,
subdivision 2.
new text end

new text begin (d) "Metropolitan statistical areas" means all counties in the state of Minnesota
located in a metropolitan statistical area as defined by the United States Office of
Management and Budget based on the most recent federal census.
new text end

new text begin Subd. 3. new text end

new text begin Sports memorabilia tax. new text end

new text begin (a) The authority may impose a tax on each
sale at wholesale of sports memorabilia in all metropolitan statistical areas in the state.
The commissioner of revenue shall collect and administer the tax as provided for in this
subdivision. The rate of the tax is 6.875 percent of the gross revenues from the sale.
new text end

new text begin (b) For purposes of this subdivision, the following terms have the meanings given
them.
new text end

new text begin (1) "Buyer" means any person that purchases sports memorabilia at wholesale.
new text end

new text begin (2) "Sale" means a transfer of title or possession of tangible personal property,
whether absolutely or conditionally.
new text end

new text begin (3) "Sports memorabilia" means items available for sale to the public that are sold
under a license granted by any professional sports league or a team that is a franchise of a
professional sports league, or an affiliate or subsidiary of a league or a team, including:
new text end

new text begin (i) one-of-a-kind items related to sports figures, teams, or events;
new text end

new text begin (ii) trading cards;
new text end

new text begin (iii) photographs;
new text end

new text begin (iv) clothing;
new text end

new text begin (v) sports event licensed items;
new text end

new text begin (vi) sports equipment; and
new text end

new text begin (vii) similar items.
new text end

new text begin (4) "Wholesale" or "sale at wholesale" means a sale to a retailer, as defined in section
297A.61, subdivision 9, for the purpose of reselling the property to a third party.
new text end

new text begin (5) "Wholesaler" means any person making wholesale sales of sports memorabilia to
purchasers in a metropolitan statistical area in the state.
new text end

new text begin (c) Each wholesaler must make estimated payments of the tax for the calendar
year to the commissioner in quarterly installments by April 15, July 15, October 15, and
January 15 of the following calendar year. Estimated tax payments are not required if the
tax for the calendar year is less than $500. An underpayment of estimated installments
bears interest at the rate specified in section 270C.40, from the due date of the payment
until paid or until the due date of the annual return at the rate specified in section 270C.40.
An underpayment of an estimated installment is the difference between the amount paid
and the lesser of (1) 90 percent of one-quarter of the tax for the calendar year, or (2) the
tax for the actual gross revenues received during the quarter.
new text end

new text begin (d) A taxpayer with an aggregate tax liability of $10,000 or more during a fiscal
year ending June 30, must remit all liabilities by funds transfer as defined in section
336.4A-104, paragraph (a), in the next calendar year. The funds-transfer payment date,
as defined in section 336.4A-401, is on or before the first funds-transfer business day
after the date the tax is due.
new text end

new text begin (e) The taxpayer must file an annual return reconciling the estimated payments by
March 15 of the following calendar year.
new text end

new text begin (f) The estimated payments and annual return must contain the information and be in
the form prescribed by the commissioner.
new text end

new text begin (g) If the tax is not paid under this subdivision, a tax is imposed on possession for
sale or use of sports memorabilia in all metropolitan statistical areas in the state. The rate
of tax equals the rate under this subdivision, and must be paid by the possessor of the items.
new text end

new text begin (h) Unless specifically provided otherwise by this subdivision, the audit, assessment,
refund, penalty, interest, enforcement, collection remedies, appeal, and administrative
provisions of chapters 270C and 289A that apply to taxes imposed under chapter 297A
apply to taxes imposed under this subdivision.
new text end

new text begin (i) The commissioner shall remit the proceeds of the tax, including interest and
penalties, less refunds and the direct costs of collection, at least quarterly to the authority.
new text end

new text begin Subd. 4. new text end

new text begin Rental car tax. new text end

new text begin (a) The authority may impose a surcharge on the rental
or lease in the metropolitan area for not more than 28 days of a passenger automobile,
as defined in section 168.002, subdivision 24, a van as defined in section 168.002,
subdivision 40, or a pickup truck as defined in section 168.002, subdivision 26, equal to
2.5 percent of the sales price, as defined in chapter 297A. The tax applies whether or not
the vehicle is licensed in the state.
new text end

new text begin (b) The tax does not apply to leases or rentals that are exempt from the tax and fee
imposed under section 297A.64.
new text end

new text begin (c) The commissioner shall administer and collect any tax imposed under this
subdivision in the same manner as the tax imposed under section 297A.64 and all of
the administrative, enforcement, and collection provisions under chapters 270B, 270C,
289, and 297A apply to the tax.
new text end

new text begin Subd. 5. new text end

new text begin Lodging tax. new text end

new text begin (a) The authority may impose a tax of 1.5 percent on the
gross receipts subject to the lodging tax under section 469.190 for lodging at facilities
located in the metropolitan area.
new text end

new text begin (b) Revenues from any tax imposed under this subdivision are allocated as follows:
new text end

new text begin (1) one-sixth to the convention and visitors bureau for the city or town in which the
facility is located that provided the lodging services for which the tax was remitted; and
new text end

new text begin (2) the remainder to the authority for the purposes stated in subdivision 1.
new text end

new text begin (c) The commissioner shall administer and collect any tax imposed under this
subdivision in the manner provided under section 469.190, subdivision 7.
new text end

Sec. 13.

new text begin [473J.15] MUNICIPAL ACTIVITIES; BONDS; TAXES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "municipality" and
"municipal" mean and refer to the city or county or both, as designated in the site selection
agreement by the authority.
new text end

new text begin Subd. 2. new text end

new text begin Stadium grants. new text end

new text begin The municipality may authorize, by resolution, and
make one or more grants to the authority for stadium development and construction,
public infrastructure, reserves for capital improvements, and other purposes related to the
stadium on the terms and conditions agreed to by the municipality and the authority.
new text end

new text begin Subd. 3. new text end

new text begin Property acquisition and disposition. new text end

new text begin The municipality may acquire
land, air rights, and other property interests within the development area for the stadium
site and public infrastructure and convey it to the authority with or without consideration,
prepare a site for development as a stadium, and acquire and construct any related public
infrastructure. The public infrastructure may include the construction and operation of
parking facilities notwithstanding any law imposing limits on county parking facilities
in the city of Minneapolis. To the extent property parcels or interests acquired are more
extensive than the public infrastructure requirements, the municipality may sell or
otherwise dispose of the excess. The proceeds from sales of excess property must be
deposited in the debt service reserve fund.
new text end

new text begin Subd. 4. new text end

new text begin Grant agreement. new text end

new text begin The municipality may review and approve stadium
designs, plans, and specifications to the extent provided in a grant agreement and in order
to ensure that the public purposes of the grant are carried out. The governing body of the
municipality may delegate responsibility for implementing the terms of an approved grant
agreement to a designated officer. The municipality may enforce the provisions of any
grant agreement by specific performance. Except to require compliance with the conditions
of the grant or as may be mutually agreed to by the municipality and the authority, the
municipality has no interest in or claim to any assets or revenues of the authority.
new text end

new text begin Subd. 5. new text end

new text begin Environmental; planning and zoning. new text end

new text begin (a) The municipality is the
responsible governmental unit for any environmental impact statement for the stadium
prepared under section 116D.04. Notwithstanding section 116D.04, subdivision 2b, and
implementing rules: (1) the environmental impact statement shall not be required to
consider alternative stadium sites; and (2) the environmental impact statement must be
determined to be adequate before commencing work on the foundation of the stadium, but
the stadium and public infrastructure may otherwise be started and all preliminary and
final government decisions and actions may be made and taken, including but not limited
to acquiring land; obtaining financing; imposing the tax under section 473J.15; granting
permits or other land use approvals; entering into grant, lease, or use agreements; or
preparing the site or related public infrastructure prior to a determination of the adequacy
of the environmental impact statement.
new text end

new text begin (b) In order to accomplish the objectives of this chapter within the required time
frame, it is necessary to establish an alternative process for municipal land use and
development review. It is hereby found and declared that the construction of a stadium
within the development area is consistent with the municipality's adopted comprehensive
plan, is the preferred stadium location, and is a permitted land use. This paragraph
establishes a procedure for all land use and development reviews and approvals by the
municipality for the stadium and related public infrastructure and supersedes all land use
and development rules and restrictions and procedures imposed by other law, charter,
or ordinance, including without limitation section 15.99. No later than 30 days after
enactment, the municipality shall establish a stadium implementation committee to make
recommendations on the design plans submitted for the stadium, public infrastructure,
and related improvements, including but not limited to street vacation, parking,
roadways, walkways, skyways, pedestrian bridges, bicycle paths, transit improvements
to facilitate public street access to the stadium and integration into the transportation
plan for the municipality and the region, lighting, landscaping, utilities, streets, drainage,
environmental remediation, and land acquired and prepared for private redevelopment
in a manner related to the use of the stadium. The implementation committee must take
action to issue its recommendations within the time frames established in the planning
and construction timetable issued by the municipality which shall provide for no less
than 60 days for the committee's review. The recommendations of the implementation
committee shall be forwarded to the municipality's planning commission for an advisory
recommendation and then to the municipality's governing body for final action in a single
resolution, which final action must be taken within 45 days of the submission of the
recommendations to the planning commission. The governing body of the municipality
shall not impose any unnecessary or unreasonable conditions on the recommendations
of the implementation committee, nor take any action or impose any conditions that will
result in delay from the time frames established in the planning and construction timetable
or in additional overall costs. Failure of the governing body to act within the 45-day
period is deemed to be approval. The district court or any appellate court shall expedite
review of any case brought relating to the stadium to the maximum extent possible and
timely issue relief, orders, or opinions as necessary to give effect to the provisions and
objectives in this chapter.
new text end

new text begin Subd. 6. new text end

new text begin Local government expenditure. new text end

new text begin The municipality may make expenditures
or grants for other costs incidental and necessary to further the purposes of this chapter,
and may by agreement, reimburse in whole or in part, any entity that has granted, loaned,
or advanced funds to the municipality to further the purposes of this chapter. The
municipality shall reimburse a local governmental entity within its jurisdiction or make a
grant to such a governmental unit for site acquisition, preparation of the site for stadium
development, and public infrastructure. Amounts expended by a local governmental unit
with the proceeds of a grant or under an agreement that provides for reimbursement by the
municipality is not deemed an expenditure or other use of local governmental resources
by the governmental unit within the meaning of any law or charter limitation. Exercise
by the municipality of its powers under this section does not affect the amounts that the
municipality may otherwise spend, borrow, tax, or receive under any law.
new text end

new text begin Subd. 7. new text end

new text begin Municipal authority. new text end

new text begin The legislature intends that, except as expressly
limited herein, the municipality may acquire and develop a site for the stadium and
public infrastructure, to enter into contracts with the authority and other governmental or
nongovernmental entities, to appropriate funds, and to make employees, consultants, and
other revenues available for those purposes.
new text end

new text begin Subd. 8. new text end

new text begin Municipal revenue bonds. new text end

new text begin The municipality may, by resolution,
authorize, sell, and issue revenue bonds to provide funds to make a grant or grants to the
authority and to finance all or a portion of the costs of site acquisition, site improvements,
and other activities necessary to prepare a site for development of a stadium, to construct,
improve, and maintain the stadium and to establish and fund any capital improvement
reserves, and to acquire and construct any related parking facilities and other public
infrastructure and for other costs incidental and necessary to further the purposes of this
chapter. The municipality may also, by resolution, issue bonds to refund the bonds issued
under this section. The bonds must be limited obligations, payable solely from or secured
by taxes designated under subdivision 9, and any other revenues available under this
act, and no entity, other than the municipality, is responsible for paying the bonds. The
bonds may be issued in one or more series and sold without an election. The bonds must
be secured, bear the interest rate or rates or a variable rate, have the rank or priority, be
executed in the manner, be payable in the manner, mature, and be subject to the defaults,
redemptions, repurchases, tender options, or other terms, as the municipality determines.
The municipality may enter into and perform all contracts deemed necessary or desirable
by it to issue and secure the bonds, including an indenture of trust with a trustee within
or without the state. The debt represented by the bonds is not be included in computing
any debt limitation applicable to the municipality. Subject to this subdivision, the bonds
must be issued and sold in the manner provided in chapter 475. Notwithstanding section
475.54, the bonds may mature at not later than 40 years from the date of the issue, or the
useful life of the asset, whichever is less. The bonds must recite that they are issued under
this chapter, and the recital is conclusive as to the validity of the bonds and the imposition
and pledge of the taxes levied for their payment. In anticipation of the issuance of the
bonds authorized under this subdivision and the collection of taxes under subdivision 9,
the municipality may provide funds for the purposes authorized by this chapter, through
temporary interfund loans from other available funds of the municipality which must be
repaid with interest.
new text end

new text begin Subd. 9. new text end

new text begin Taxes and other revenues. new text end

new text begin In addition to the grant provided by the
authority under the agreement under subdivision 4, the municipality may impose taxes as
required under the stadium proposal accepted by the authority.
new text end

new text begin Subd. 10. new text end

new text begin Uses of tax and other revenues. new text end

new text begin (a) Revenues received from the taxes
and surcharges designated or imposed under subdivision 9 may be used:
new text end

new text begin (1) to pay costs of collection;
new text end

new text begin (2) to pay or reimburse or secure the payment of any principal of, premium, or
interest on bonds issued under this chapter;
new text end

new text begin (3) to pay costs and make expenditures and grants described in this section, including
financing costs related to them;
new text end

new text begin (4) to maintain reserves for the foregoing purposes deemed reasonable and
appropriate by the municipality;
new text end

new text begin (5) to pay for operating costs of the authority and for costs of operating or
maintaining the stadium; and
new text end

new text begin (6) for no other purpose.
new text end

new text begin (b) Revenues from the tax designated for use under paragraph (a), clause (5), must
be deposited in the operating fund of the authority.
new text end

Sec. 14.

new text begin [473J.17] PROPERTY TAX EXEMPTION; SPECIAL ASSESSMENTS.
new text end

new text begin Any real or personal property acquired, owned, leased, controlled, used, or occupied
by the authority for any of the purposes of this chapter, is acquired, owned, leased,
controlled, used, and occupied for public, governmental, and municipal purposes, and is
exempt from ad valorem taxation by the state or any political subdivision of the state;
provided that the properties are subject to special assessments levied by a political
subdivision for a local improvement in amounts proportionate to and not exceeding the
special benefit received by the properties from the improvement. No possible use of
any of the properties in any manner different from their use under this chapter may be
considered in determining the special benefit received by the properties. Notwithstanding
section 272.01, subdivision 2, or 273.19, real or personal property subject to a lease or
use agreement between the authority and another person for uses related to the purposes
of this chapter, including the operation of the stadium and related parking facilities,
is exempt from taxation regardless of the length of the lease or use agreement of the
characteristics of the entity leasing or using the property. This section, insofar as it
provides an exemption or special treatment, does not apply to any real property that is
leased for residential, business, or commercial development or other purposes different
from those contemplated in this chapter.
new text end

Sec. 15.

new text begin [473J.19] CITY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Liquor licenses. new text end

new text begin At the request of the authority, the city shall
issue intoxicating liquor licenses that are reasonably requested for the premises of the
stadium. These licenses are in addition to the number authorized by law. All provisions
of chapter 340A not inconsistent with this section apply to the licenses authorized under
this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Charter limitations. new text end

new text begin Actions taken by the city under this chapter, in a
planning or regulatory capacity, actions for which fair market value reimbursement is
provided or for which standard fees are collected, and any tax exemptions established
under this chapter, are not deemed to be an expenditure or other use of city resources
within the meaning of any charter limitation.
new text end

Sec. 16.

new text begin [473J.21] LOCAL SALES TAXES.
new text end

new text begin No local sales or use tax may be imposed on sales at the stadium site, except a
general sales tax permitted under section 297A.99 or as provided by section 473J.15.
new text end

Sec. 17.

new text begin [473J.23] METROPOLITAN SPORTS FACILITIES COMMISSION
ASSETS; LIABILITIES TO AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer; may sell property. new text end

new text begin All assets, liabilities, and obligations
of the Metropolitan Sports Facilities Commission are transferred to the authority, effective
January 1, 2012. The authority may sell the property at public sale for fair market value.
If the authority sells the Metrodome property, it must pay $5,000,000 to Hennepin County.
new text end

new text begin Subd. 2. new text end

new text begin Metropolitan Sports Facilities Commission abolished. new text end

new text begin Upon transfer to
the authority of all assets, liabilities, and obligations of the Metropolitan Sports Facilities
Commission, the Metropolitan Sports Facilities Commission is abolished.
new text end

Sec. 18. new text begin LOTTERY STADIUM GAME.
new text end

new text begin The Minnesota Lottery shall conduct an annual game based on stadium themes or
professional football themes. Revenues from this game are to be deposited into the stadium
account. An amount raised from the conduct of the annual sports themed game, equal to
but not to exceed $5,500,000 per year, from the lottery's annual contributions to the state
general fund is appropriated each year for the duration of bonds sold to pay for the stadium.
new text end

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 137.50, subdivision 5; 473.551; 473.552;
473.553, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; 473.564, subdivisions 2
and 3; 473.5995; 473.755; 473.76; and 473.763, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 20. new text begin EFFECTIVE DATE.
new text end

new text begin Except as otherwise provided, this article is effective the day following final
enactment.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2009 Supplement, section 3.971, subdivision 6, is
amended to read:

Subd. 6.

Financial audits.

The legislative auditor shall audit the financial
statements of the state of Minnesota required by section 16A.50 and, as resources permit,
shall audit Minnesota State Colleges and Universities, the University of Minnesota, state
agencies, departments, boards, commissions, courts, and other state organizations subject
to audit by the legislative auditor, including the State Agricultural Society, Agricultural
Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical
Society, Labor Interpretive Center, Minnesota Partnership for Action Against Tobacco,
deleted text begin Metropolitan Sports Facilities Commission, deleted text end Metropolitan Airports Commission, and
Metropolitan Mosquito Control District. Financial audits must be conducted according to
generally accepted government auditing standards. The legislative auditor shall see that
all provisions of law respecting the appropriate and economic use of public funds are
complied with and may, as part of a financial audit or separately, investigate allegations
of noncompliance.

new text begin EFFECTIVE DATE. new text end

new text begin new text end new text begin This section is effective January 1, 2012.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 10A.01, subdivision 35, is
amended to read:

Subd. 35.

Public official.

"Public official" means any:

(1) member of the legislature;

(2) individual employed by the legislature as secretary of the senate, legislative
auditor, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;

(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;

(4) solicitor general or deputy, assistant, or special assistant attorney general;

(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;

(6) member, chief administrative officer, or deputy chief administrative officer of a
state board or commission that has either the power to adopt, amend, or repeal rules under
chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

(7) individual employed in the executive branch who is authorized to adopt, amend,
or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

(8) executive director of the State Board of Investment;

(9) deputy of any official listed in clauses (7) and (8);

(10) judge of the Workers' Compensation Court of Appeals;

(11) administrative law judge or compensation judge in the State Office of
Administrative Hearings or unemployment law judge in the Department of Employment
and Economic Development;

(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;

(13) member or chief administrator of a metropolitan agency;

(14) director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;

(15) member or executive director of the Higher Education Facilities Authority;

(16) member of the board of directors or president of Enterprise Minnesota, Inc.;

(17) member of the board of directors or executive director of the Minnesota State
High School League;

(18) member of the Minnesota Ballpark Authority deleted text begin established in section 473.755 deleted text end ;

(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;

(20) manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;

(21) supervisor of a soil and water conservation district;

(22) director of Explore Minnesota Tourism; or

(23) citizen member of the Lessard-Sams Outdoor Heritage Council established
in section 97A.056.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 3.

Minnesota Statutes 2008, section 13.55, subdivision 1, is amended to read:

Subdivision 1.

Not public classification.

The following data received, created, or
maintained by or for publicly owned and operated convention facilities, new text begin or new text end civic center
authorities deleted text begin , or the Metropolitan Sports Facilities Commission deleted text end are classified as nonpublic
data pursuant to section 13.02, subdivision 9; or private data on individuals pursuant
to section 13.02, subdivision 12:

(a) a letter or other documentation from any person who makes inquiry to or who is
contacted by the facility regarding the availability of the facility for staging events;

(b) identity of firms and corporations which contact the facility;

(c) type of event which they wish to stage in the facility;

(d) suggested terms of rentals; and

(e) responses of authority staff to these inquiries.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 4.

Minnesota Statutes 2009 Supplement, section 340A.404, subdivision 1, is
amended to read:

Subdivision 1.

Cities.

(a) A city may issue an on-sale intoxicating liquor license to
the following establishments located within its jurisdiction:

(1) hotels;

(2) restaurants;

(3) bowling centers;

(4) clubs or congressionally chartered veterans organizations with the approval of
the commissioner, provided that the organization has been in existence for at least three
years and liquor sales will only be to members and bona fide guests, except that a club
may permit the general public to participate in a wine tasting conducted at the club under
section 340A.419; new text begin and
new text end

deleted text begin (5) sports facilities located on land owned by the Metropolitan Sports Commission;
and
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end exclusive liquor stores.

(b) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a theater within the city, notwithstanding any law, local
ordinance, or charter provision. A license issued under this paragraph authorizes sales on
all days of the week to persons attending events at the theater.

(c) A city may issue an on-sale intoxicating liquor license, an on-sale wine license,
or an on-sale malt liquor license to a convention center within the city, notwithstanding
any law, local ordinance, or charter provision. A license issued under this paragraph
authorizes sales on all days of the week to persons attending events at the convention
center. This paragraph does not apply to convention centers located in the seven-county
metropolitan area.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 5.

Minnesota Statutes 2008, section 352.01, subdivision 2a, is amended to read:

Subd. 2a.

Included employees.

(a) "State employee" includes:

(1) employees of the Minnesota Historical Society;

(2) employees of the State Horticultural Society;

(3) employees of the Minnesota Crop Improvement Association;

(4) employees of the adjutant general who are paid from federal funds and who are
not covered by any federal civilian employees retirement system;

(5) employees of the Minnesota State Colleges and Universities employed under the
university or college activities program;

(6) currently contributing employees covered by the system who are temporarily
employed by the legislature during a legislative session or any currently contributing
employee employed for any special service as defined in subdivision 2b, clause (8);

(7) employees of the legislature appointed without a limit on the duration of their
employment and persons employed or designated by the legislature or by a legislative
committee or commission or other competent authority to conduct a special inquiry,
investigation, examination, or installation;

(8) trainees who are employed on a full-time established training program
performing the duties of the classified position for which they will be eligible to receive
immediate appointment at the completion of the training period;

(9) employees of the Minnesota Safety Council;

(10) any employees on authorized leave of absence from the Transit Operating
Division of the former Metropolitan Transit Commission who are employed by the
labor organization which is the exclusive bargaining agent representing employees of
the Transit Operating Division;

(11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
Commission, deleted text begin Metropolitan Sports Facilities Commission, deleted text end Metropolitan Mosquito Control
Commission, or Metropolitan Radio Board unless excluded or covered by another public
pension fund or plan under section 473.415, subdivision 3;

(12) judges of the Tax Court;

(13) personnel employed on June 30, 1992, by the University of Minnesota in the
management, operation, or maintenance of its heating plant facilities, whose employment
transfers to an employer assuming operation of the heating plant facilities, so long as the
person is employed at the University of Minnesota heating plant by that employer or by its
successor organization;

(14) seasonal help in the classified service employed by the Department of Revenue;

(15) persons employed by the Department of Commerce as a peace officer in
the Insurance Fraud Prevention Division under section 45.0135 who have attained the
mandatory retirement age specified in section 43A.34, subdivision 4;

(16) employees of the University of Minnesota unless excluded under subdivision
2b, clause (3);

(17) employees of the Middle Management Association whose employment began
after July 1, 2007, and to whom section 352.029 does not apply; and

(18) employees of the Minnesota Government Engineers Council to whom section
352.029 does not apply.

(b) Employees specified in paragraph (a), clause (13), are included employees under
paragraph (a) if employer and employee contributions are made in a timely manner in the
amounts required by section 352.04. Employee contributions must be deducted from
salary. Employer contributions are the sole obligation of the employer assuming operation
of the University of Minnesota heating plant facilities or any successor organizations to
that employer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 6.

Minnesota Statutes 2008, section 473.121, subdivision 5a, is amended to read:

Subd. 5a.

Metropolitan agency.

"Metropolitan agency" means the Metropolitan
Parks and Open Space Commission deleted text begin , deleted text end new text begin and the new text end Metropolitan Airports Commission deleted text begin , and
Metropolitan Sports Facilities Commission deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

Sec. 7.

Minnesota Statutes 2008, section 473.164, is amended to read:

473.164 deleted text begin SPORTS, deleted text end AIRPORT deleted text begin COMMISSIONS deleted text end new text begin COMMISSION new text end TO PAY
COUNCIL COSTS.

Subdivision 1.

Annually reimburse.

The deleted text begin Metropolitan Sports Facilities
Commission and the deleted text end Metropolitan Airports Commission shall annually reimburse the
council for costs incurred by the council in the discharge of its responsibilities relating to
the commission. The costs may be charged against any revenue sources of the commission
as determined by the commission.

Subd. 2.

Estimates, budget, transfer.

On or before May 1 of each year, the council
shall transmit to deleted text begin each deleted text end new text begin the new text end commission an estimate of the costs which the council will
incur in the discharge of its responsibilities related to the commission in the next budget
year including, without limitation, costs in connection with the preparation, review,
implementation and defense of plans, programs and budgets of the commission. deleted text begin Each deleted text end new text begin The new text end
commission shall include the estimates in its budget for the next budget year and may
transmit its comments concerning the estimated amount to the council during the budget
review process. Prior to December 15 of each year, the amount budgeted by deleted text begin each deleted text end new text begin the new text end
commission for the next budget year may be changed following approval by the council.
During each budget year, the commission shall transfer budgeted funds to the council in
advance when requested by the council.

Subd. 3.

Final statement.

At the conclusion of each budget year, the council, in
cooperation with deleted text begin each deleted text end new text begin the new text end commission, shall adopt a final statement of costs incurred by the
council for deleted text begin each deleted text end new text begin the new text end commission. Where costs incurred in the budget year have exceeded
the amount budgeted, deleted text begin each deleted text end new text begin the new text end commission shall transfer to the council the additional
moneys needed to pay the amount of the costs in excess of the amount budgeted, and shall
include a sum in its next budget. Any excess of budgeted costs over actual costs may be
retained by the council and applied to the payment of budgeted costs in the next year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2012.
new text end

ARTICLE 3

MINNEAPOLIS STADIUM

Section 1.

Minnesota Statutes 2008, section 297A.71, is amended by adding a
subdivision to read:

new text begin Subd. 42. new text end

new text begin Football stadium building materials. new text end

new text begin Materials and supplies used
or consumed in, and equipment incorporated into, the construction or improvement of
the football stadium and public infrastructure constructed pursuant to sections 473.551
to 473.5814 are exempt. This subdivision expires one year after the date that the first
National Football League game is played in the stadium for materials, supplies, and
equipment used in the stadium, and five years after the issuance of the first bonds under
section 473.5812 for materials, supplies, and equipment used in the public infrastructure.
new text end

Sec. 2.

new text begin [349A.17] STADIUM OR FOOTBALL THEME GAME.
new text end

new text begin The Minnesota lottery shall conduct an annual game based on stadium themes or
professional football themes. An amount raised from the conduct of the annual sports
themed game, equal to but not to exceed $5,500,000 per year, from the lottery's annual
contributions to the state general fund is transferred each year to the stadium account
established in section 473.5995, subdivision 1, until the bonds sold by the Metropolitan
Council for acquisition and betterment of a football stadium have been defeased or retired.
new text end

Sec. 3.

Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin Football stadium. new text end

new text begin "Football stadium" means the stadium suitable for
professional football in the city of Minneapolis, designed, constructed, and financed under
sections 473.551 to 473.599, and owned by the commission.
new text end

Sec. 4.

Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision
to read:

new text begin Subd. 19. new text end

new text begin Football team. new text end

new text begin "Football team" means the National Football League
professional team known on the effective date of this section as the Minnesota Vikings, its
owners and operators, or any team owned and operated by someone who purchases or
otherwise takes ownership or control of or reconstitutes the professional football team
known as the Minnesota Vikings.
new text end

Sec. 5.

Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision
to read:

new text begin Subd. 20. new text end

new text begin Development area for the football stadium. new text end

new text begin "Development area" or
"development area for the football stadium" means the football stadium site and any
adjacent area designated by the commission.
new text end

Sec. 6.

Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision
to read:

new text begin Subd. 21. new text end

new text begin Public infrastructure for the football stadium. new text end

new text begin "Public infrastructure"
or "public infrastructure for the football stadium" means property, facilities, and
improvements determined by the commission to facilitate the development and use of the
football stadium, including but not limited to property and improvements for drainage,
environmental remediation, parking, roadways, walkways, skyways, pedestrian bridges,
bicycle paths, and transit improvements to facilitate public access to the stadium, lighting,
landscaping, utilities, streets, and streetscapes.
new text end

Sec. 7.

Minnesota Statutes 2008, section 473.551, is amended by adding a subdivision
to read:

new text begin Subd. 22. new text end

new text begin Streetscape. new text end

new text begin "Streetscape" means improvements to streets and sidewalks
or other public right-of-way for the purpose of enhancing the movement, safety,
convenience, or enjoyment of the football stadium patrons and other pedestrians, including
decorative lighting and surfaces, plantings, display and exhibit space, adornments, seating,
and transit and bus shelters.
new text end

Sec. 8.

Minnesota Statutes 2008, section 473.552, is amended to read:

473.552 LEGISLATIVE POLICY; PURPOSE.

The legislature finds that

(a) the population in the metropolitan area has a need for sports facilities and that this
need cannot be met adequately by the activities of individual municipalities, by agreements
among municipalities, or by the private efforts of the people in the metropolitan area,

(b) the commission's ownership and operation of the Metrodome deleted text begin and met center deleted text end has
met in part the foregoing need and has promoted the economic and social interests of the
metropolitan area, of the state, and of the public, and

(c) the commission's acquisition deleted text begin of the basketball and hockey arena deleted text end new text begin , construction,
and operation of a professional football stadium for use by the football team new text end on the terms
and conditions provided in sections deleted text begin 473.598 and 473.599 deleted text end new text begin 473.5812 to 473.5814 new text end shall
similarly and more fully meet the foregoing needs and promote these interests.

It is therefore necessary for the public health, safety and general welfare to establish
a procedure for the acquisition and betterment of sports facilities and to create a
Metropolitan Sports Facilities Commission.

Sec. 9.

Minnesota Statutes 2008, section 473.553, subdivision 2, is amended to read:

Subd. 2.

Membership.

The commission shall consist of six members, appointed
by the new text begin Minneapolis new text end city council deleted text begin of the city in which the stadium is located deleted text end plus a chair
deleted text begin appointed deleted text end as provided in subdivision 3.

Sec. 10.

Minnesota Statutes 2008, section 473.553, subdivision 3, is amended to read:

Subd. 3.

Chair.

deleted text begin The chair shall be appointed by the governor as the ninth voting
member and shall meet all of the qualifications of a member, except the chair need only
reside outside the city of Minneapolis. deleted text end new text begin The mayor of the city of Minneapolis, or the
mayor's designee, shall serve as the chair of the commission. new text end The chair shall preside at all
meetings of the commission, if present, and shall perform all other duties and functions
assigned by the commission or by law. The commission may appoint from among its
members a vice-chair to act for the chair during temporary absence or disability.

Sec. 11.

Minnesota Statutes 2008, section 473.556, subdivision 5, is amended to read:

Subd. 5.

Facility operation.

The commission may equip, improve, operate,
manage, maintain, and control the Metrodome, deleted text begin Met Center, basketball and hockey arena deleted text end new text begin
football stadium, new text end and sports facilities constructed, remodeled, or acquired under the
provisions of sections 473.551 to 473.599.

Sec. 12.

Minnesota Statutes 2008, section 473.561, is amended to read:

473.561 EXEMPTION FROM COUNCIL REVIEW new text begin ; BUSINESS SUBSIDY
ACT; CHARTER LIMITATIONS new text end .

The acquisition and betterment of sports facilities by the commission shall be
conducted pursuant to sections 473.551 to 473.599 and shall not be affected by the
provisions of sections 473.165 and 473.173. new text begin Section 116J.994 does not apply to any
transactions of the commission, the city of Minneapolis, or other governmental entity
related to the stadium or public infrastructure, or to any tenant or other users of them. The
city of Minneapolis may spend money for acquisition, design, construction, and operation
of the football stadium, notwithstanding any limitation in its home rule charter. Actions
taken by the city under sections 473.551 to 473.599, in a planning or regulatory capacity,
actions for which fair market value reimbursement is provided or for which standard fees
are collected, and any tax exemptions established under sections 473.551 to 473.599,
are deemed not to be an expenditure or other use of city resources within the meaning
of any charter limitation. new text end

Sec. 13.

Minnesota Statutes 2008, section 473.581, subdivision 2, is amended to read:

Subd. 2.

Procedure.

The bonds shall be sold, issued, and secured in the manner
provided in chapter 475 for bonds payable solely from revenues, except as otherwise
provided in sections 473.551 to 473.595, and the council shall have the same powers and
duties as a municipality and its governing body in issuing bonds under that chapter. The
bonds may be sold at any price and at public or private sale as determined by the council.
They shall be payable solely from tax and other revenues referred to in sections 473.551 to
473.595, excepting only the deleted text begin admissions tax and surcharge deleted text end new text begin taxes and revenues new text end related to the
deleted text begin basketball and hockey arena provided in section 473.595, subdivision 1a, the taxes for the
basketball and hockey arena provided in section 473.592, and other revenues attributable
to the basketball and hockey arena deleted text end new text begin football stadium under section 473.5812 to 473.5814 new text end .
The bonds shall not be a general obligation or debt of the council or of the commission,
and shall not be included in the net debt of any city, county, or other subdivision of the
state for the purpose of any net debt limitation, provided that nothing herein shall affect
the obligation of the city of Minneapolis to levy a tax pursuant to agreements made under
the provisions of section 473.592. No election shall be required. The principal amount
shall not be limited except as provided in subdivision 3.

Sec. 14.

new text begin [473.5812] FOOTBALL STADIUM; COUNCIL DEBT OBLIGATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Use of bond proceeds. new text end

new text begin The council may by resolution authorize the
sale and issuance of its bonds for any or all of the following purposes:
new text end

new text begin (1) to provide funds for the acquisition or betterment of a football stadium by the
commission pursuant to sections 473.551 to 473.5814;
new text end

new text begin (2) to refund bonds issued under this section; and
new text end

new text begin (3) to fund judgments entered by any court against the commission or against the
council in matters relating to the commission's functions related to the football stadium.
new text end

new text begin Subd. 2. new text end

new text begin Amount; procedure. new text end

new text begin The council may sell and issue bonds in an amount
to be determined by the council. The bonds shall be sold, issued, and secured in the
manner provided in chapter 475 for bonds payable solely from revenues and the council
shall have the same powers and duties as a municipality and its governing body in issuing
bonds under that chapter. The bonds may be sold at any price and at public or private sale
as determined by the council. The bonds shall not be a general obligation or debt of
the council or of the commission, and shall not be included in the net debt of any city,
county, or other subdivision of the state for the purpose of any net debt limitation. No
election is required.
new text end

new text begin Subd. 3. new text end

new text begin Prerequisite. new text end

new text begin The council must not sell and issue bonds under this section
until the council determines that the criteria and conditions in section 473.5814 have
been met.
new text end

new text begin Subd. 4. new text end

new text begin Security; maturity. new text end

new text begin The council may pledge to the payment of the bonds
money in the escrow account and money pledged by the city of Minneapolis under section
473.5814, money appropriated to the council in the football stadium account in section
473.5995, and any other revenues from leases, rents, or other sources available to the
council for debt service. Notwithstanding section 475.54, the bonds may mature at not
later than 40 years from the date of issue, or the useful life of the asset, whichever is less.
The bonds must recite that they are issued under this section and section 473.5814, and
the recital is conclusive as to the validity of the bonds and the imposition and pledge of
the revenues for their payment.
new text end

Sec. 15.

new text begin [473.5814] CRITERIA AND CONDITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Binding and enforceable. new text end

new text begin In developing the stadium and entering
into related contracts, the commission must follow and enforce the criteria and conditions
in this section, provided that a determination by the council that those criteria or conditions
have been met under any agreement or otherwise shall be conclusive. All financing and
use agreements between the council, commission, city of Minneapolis, and the football
team must be executed by September 1, 2010.
new text end

new text begin Subd. 2. new text end

new text begin Football team contribution. new text end

new text begin The football team must agree to deposit into
an escrow account an amount sufficient to pay at least the first ten years of debt service
on bonds issued by the council under section 473.5812. Money in the escrow account is
for the sole benefit and purpose of paying debt service on bonds issued by the council for
acquisition and betterment of a football stadium.
new text end

new text begin Subd. 3. new text end

new text begin Minneapolis hospitality taxes pledged. new text end

new text begin After the bonds issued to build
the Minneapolis Convention Center have been defeased or retired, the city of Minneapolis
must agree to pay to the commission or council 58.5 percent of the money raised under
Laws 1986, chapter 396, section 4, as amended in this act. The commission or council
must use this money only to pay capital and operating costs, including any debt service
due, of the football stadium constructed under this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Local sales tax exemption. new text end

new text begin No local sales or use tax may be imposed on
sales at the stadium site, except a general sales tax permitted under section 297A.99.
new text end

new text begin Subd. 5. new text end

new text begin Lease or use agreements; 40-year term. new text end

new text begin The commission must enter into
a long-term lease or use agreement with the football team for the football team's use of
the stadium. The football team must agree to play all regularly scheduled and postseason
home games at the stadium. Preseason games may also be scheduled and played at the
stadium. The lease or use agreement must be for a term of at least 40 years from the
date of stadium completion. The lease or use agreement must include terms for default,
termination, and breach of the agreement. Recognizing that the presence of professional
football provides to the state of Minnesota and its citizens highly valued, intangible
benefits that are virtually impossible to quantify and, therefore, not recoverable in the
event of a football team owner's breach of contract, the lease and use agreements must
provide for specific performance and injunctive relief to enforce provisions relating to use
of the stadium for professional football and must not include escape clauses or buyout
provisions. The football team must not enter into or accept any agreement or requirement
with or from the National Football League or any other entity that is inconsistent with
the football team's binding commitment to the 40-year term of the lease or use agreement
or that would in any manner dilute, interfere with, or negate the provisions of the lease
or use agreement that includes a specific performance clause, providing for specific
performance or injunctive relief. The legislature conclusively determines, as a matter of
public policy, that the lease or use agreement, and any grant agreement under this chapter
that includes a specific performance clause:
new text end

new text begin (1) explicitly authorize specific performance as a remedy for breach;
new text end

new text begin (2) are made for adequate consideration and upon terms which are otherwise fair
and reasonable;
new text end

new text begin (3) have not been included through sharp practice, misrepresentation, or mistake;
new text end

new text begin (4) if specifically enforced, do not cause unreasonable or disproportionate hardship
or loss to the football team or to third parties; and
new text end

new text begin (5) involve performance in such a manner and the rendering of services of such
a nature and under such circumstances that the beneficiary cannot be adequately
compensated in damages.
new text end

new text begin Subd. 6. new text end

new text begin Lease or use agreements; revenues; payments. new text end

new text begin The commission must
provide in the lease or use agreements with the football team that the football team pay
for use of the stadium as follows: an amount to be determined by the commission in the
first year, and an amount each year thereafter necessary to cover actual and projected
operational costs. The commission must agree to provide for the football team to receive
all game-day revenues, suite revenues, and proceeds from the sale of naming rights. The
agreement must provide for the commission to receive all general ticket revenues from
nonprofessional football games or events.
new text end

new text begin Subd. 7. new text end

new text begin Notice of breach or default. new text end

new text begin Until 40 years from the date of stadium
completion, the football team must provide written notice to the commission not less than
90 days prior to any action, including any action imposed upon the football team by the
National Football League, that would result in a breach or default of provisions of the
lease or use agreements required to be included under this section. If this notice provision
is violated and the football team has already breached or been in default under the required
provisions, the commission or the state of Minnesota is authorized to specifically enforce
the lease or use agreement and Minnesota courts are authorized and directed to fashion
equitable remedies so that the football team may fulfill the conditions of the lease and use
agreements including, but not limited to, remedies against the National Football League.
new text end

new text begin Subd. 8. new text end

new text begin Enforceable financial commitments. new text end

new text begin The commission must determine
before stadium construction begins that all public and private funding sources for
construction of the stadium are included in written agreements. The committed funds must
be adequate to acquire, design, construct, furnish, and equip the stadium.
new text end

new text begin Subd. 9. new text end

new text begin Council and commission access to football team financial information.
new text end

new text begin The lease or use agreement must provide the council and commission access to annual
audited financial statements of the football team and other financial books and records that
the council or commission deems necessary to determine compliance by the football team
with sections 473.551 to 473.599, and to enforce the terms of any lease or use agreements
entered into under sections 473.551 to 473.599. Any financial information obtained by the
authority under this subdivision is nonpublic data under section 13.02, subdivision 9.
new text end

new text begin Subd. 10. new text end

new text begin Environmental planning and zoning. new text end

new text begin (a) The commission shall be the
responsible governmental unit for any environmental impact statement for the football
stadium prepared under section 116D.04. Notwithstanding section 116D.04, subdivision
2b, and implementing rules: (1) the environmental impact statement shall not be required
to consider alternative football stadium sites; and (2) the environmental impact statement
must be determined to be adequate before commencing work on the foundation of the
football stadium, but the football stadium and public infrastructure may otherwise be
started and all preliminary and final government decisions and actions may be made and
taken, including but not limited to acquiring land, obtaining financing, granting permits
or other land use approvals, entering into grant, lease, or use agreements, or preparing
the site or related public infrastructure prior to a determination of the adequacy of the
environmental impact statement.
new text end

new text begin (b) In order to accomplish the objectives of sections 473.551 to 473.599 within
the shortest possible time frame, it is necessary to establish an alternative process for
municipal land use and development review. It is hereby found and declared that the
construction of a football stadium within the development area is consistent with the
adopted area plan, is the preferred football stadium location, and is a permitted land use.
This subdivision establishes a procedure for all land use and development reviews and
approvals by the municipality for the football stadium and public infrastructure and
supersedes all land use and development rules and restrictions and procedures imposed
by other law, charter, or ordinance, including without limitation section 15.99. No later
than 30 days after enactment, the commission shall establish a stadium implementation
committee to make recommendations on the design plans submitted for the stadium,
public infrastructure and related improvements, including but not limited to street
vacation, parking, roadways, walkways, skyways, pedestrian bridges, bicycle paths,
transit improvements to facilitate public street access to the stadium and integration into
the transportation plan for the municipality and the region, lighting, landscaping, utilities,
streets, drainage, environmental remediation, and land acquired and prepared for private
redevelopment in a manner related to the use of the football stadium. The implementation
committee must take action to issue its recommendations within the time frames
established in the planning and construction timetable issued by the commission which
shall provide for no less than 60 days for the committee's review. The recommendations
of the implementation committee shall be forwarded to the municipality's planning
commission for an advisory recommendation and then to the municipality's governing
body for final action in a single resolution, which final action must be taken within 45 days
of the submission of the recommendations to the planning commission. The governing
body of the municipality shall not impose any unnecessary or unreasonable conditions on
the recommendations of the implementation committee, nor take any action or impose any
conditions that will result in delay from the time frames established in the planning and
construction timetable or in additional overall costs. Failure of the governing body to act
within the 45-day period is deemed to be approval. The commission may seek de novo
review in the district court of any city council action. The district court or any appellate
court shall expedite review to the maximum extent possible and timely issue relief, orders,
or opinions as necessary to give effect to the provisions and objectives in this article.
new text end

new text begin Subd. 11. new text end

new text begin No strikes; lockouts. new text end

new text begin The commission must negotiate a public sector
project labor agreement or other agreement to prevent strikes and lockouts that would halt,
delay, or impede construction of the stadium and related facilities.
new text end

new text begin Subd. 12. new text end

new text begin Football team name retained. new text end

new text begin The lease or use agreement must provide
that the football team and National Football League will transfer to the state of Minnesota
the Minnesota Vikings' heritage and records, including the name, logo, colors, history,
playing records, trophies, and memorabilia in the event of any dissolution or relocation
of the Vikings franchise.
new text end

new text begin Subd. 13. new text end

new text begin Public share on sale of team. new text end

new text begin The lease or use agreement must provide
that, if the team is sold after the effective date of this article, a portion of the sale price
must be paid to the commission and deposited in a reserve fund for improvements to the
stadium or expended as the commission may otherwise direct. The portion required to
be paid to the commission is 18 percent of the gross sale price, declining to zero ten
years after commencement of stadium construction in increments of 1.8 percent each
year. The agreement must provide exceptions for sales to members of the owner's family
and entities and trusts beneficially owned by family members, sales to employees of
equity interests aggregating up to ten percent, and sales related to capital infusions not
distributed to the owners.
new text end

Sec. 16.

Minnesota Statutes 2008, section 473.5995, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Account funds appropriated. new text end

new text begin All money in the stadium account is
appropriated to the council to pay debt service on bonds issued by the council for the
acquisition and betterment of a football stadium, as authorized in sections 473.5812 to
473.5814. Money in this account may be pledged to the repayment of the debt.
new text end

Sec. 17.

Laws 1986, chapter 396, section 4, subdivision 3, is amended to read:

Subd. 3.

Use of property.

Revenues received from the tax may only be used:

(1) to pay costs of collection;

(2) to pay or secure the payment of any principal of, premium or interest on bonds
issued in accordance with this act;

(3) to pay costs to acquire, design, equip, construct, improve, maintain, operate,
administer, or promote the convention center or related facilities, including financing
costs related to them;

new text begin (4) to pay capital or operating costs of a stadium designed for professional football,
or for infrastructure and facilities related to a stadium designed for professional football,
located in the city of Minneapolis;
new text end

new text begin (5) to pay for the provision of police and fire protection service in the downtown
taxing district;
new text end

new text begin (6) to pay capital and operating costs of the Target Center, or to defease or retire
outstanding debt issued for the Target Center;
new text end

deleted text begin (4) deleted text end new text begin (7) new text end to pay reasonable and appropriate costs determined by the city to replace
housing removed from the site; and

deleted text begin (5) deleted text end new text begin (8) new text end to maintain reserves for the foregoing purposes deemed reasonable and
appropriate by the city.

In the event of any amendment to chapter 297A enacted subsequent to the effective date
of this act which exempts sales or uses which were taxable under chapter 297A on the
effective date of this act, the city may by ordinance extend the tax authorized hereby to
any such sales or uses provided that the city council shall have determined that such
extension is necessary to provide revenues for the uses to which taxes may be applied
under this section and further provided that, in the estimation of the city council, the
aggregate annual collections following such extension will not exceed the aggregate
annual collections which would have been generated if chapter 297A, as in effect on the
effective date of this act, were then in effect. Any revenue bonds issued in accordance
with this act may, with the consent of the city council, contain a covenant that the tax will
be so extended to the extent necessary to pay principal and interest on the bonds when due.

Money for replacement housing shall be made available by the city only for new
construction, conversion of nonresidential buildings, and for rehabilitation of vacant
residential structures, only if all of the units in the newly constructed building, converted
nonresidential building, or rehabilitated residential structure are to be used for replacement
housing.

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective the day following final enactment.
new text end