Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 3-S.F.No. 328 
           An act relating to charitable gambling; changing the 
          effective date for licensing by the charitable 
          gambling control board; authorizing emergency 
          licensing ordinances by local units of government; 
          amending Minnesota Statutes 1984, section 349.212, 
          subdivisions 1 and 3; and Laws 1984, chapter 502, 
          article 12, section 26.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 349.212, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RATE.] There is hereby imposed a tax on 
all lawful gambling conducted by licensed organizations licensed 
by the board at the rate specified in this subdivision.  The tax 
imposed by this section is in lieu of the tax imposed by section 
297A.02 and of all local taxes and license fees.  
    On all lawful gambling the tax is ten percent of the gross 
receipts of a licensed organization from lawful gambling less 
prizes actually paid out, payable by the organization.  
    Sec. 2.  Minnesota Statutes 1984, section 349.212, 
subdivision 3, is amended to read: 
    Subd. 3.  [ANNUAL APPROPRIATION.] At the end of each fiscal 
year, the commissioner of finance shall certify to the state 
treasurer the total revenues collected by the board from taxes 
and fees imposed by this article sections 349.11 to 349.22 minus 
the amount appropriated by law from the general fund to the 
board for its expenses and operations.  The net revenue so 
certified shall be expended by legislative appropriation to the 
department of education for expenditure, in consultation with 
the state arts board, as grants for programs, construction, 
maintenance, and operation of one or more schools for the arts 
located within the state, or the purposes recommended by the 
Minnesota school for the arts planning task force except that 
any part of the amount so certified which is not appropriated 
for the purposes set forth in this subdivision may be 
appropriated for any other purpose deposited in the state 
treasury and credited to the general fund.  
    Sec. 3.  Laws 1984, chapter 502, article 12, section 26, is 
amended to read: 
    Section 26.  [EFFECTIVE DATE.] 
    Sections 7 and 24 are effective the day following final 
enactment.  Sections 9 and 10 are effective June 1, 1985.  All 
other sections of this article are effective March 1, 1985.  All 
licenses issued by local units of government under Minnesota 
Statutes 1982, sections 349.16 and 349.26 expire on February 28, 
1985.  An organization which held a local license to conduct 
lawful gambling on February 28, 1985, or which holds a license 
granted under section 4 may continue to conduct the forms of 
gambling authorized by the local license without a license from 
the board until June 1, 1985, provided that the organization 
complies with the terms and conditions of the license in effect 
on February 28, 1985, or is in compliance with the emergency 
ordinance adopted under section 4, if applicable. 
    Sec. 4.  [CITIES AND COUNTIES; TEMPORARY LICENSING 
AUTHORITY.] 
    A county or home rule charter or statutory city may by 
emergency ordinance establish a system for the licensing of 
organizations to operate gambling devices and to conduct raffles 
from February 28, 1985, to May 31, 1985.  The system must be 
consistent with Minnesota Statutes 1982, chapter 349, and may 
include provisions to extend licenses in effect on February 28, 
1985 until May 31, 1985 and charge a fee for the extension. 
    The emergency ordinance may go into effect without hearing, 
notice, or publication, but the county or city shall promptly, 
after adoption, hold hearings to consider any necessary 
alterations in the ordinance.  No ordinance may remain in effect 
after May 31, 1985.  This section supersedes any inconsistent 
provision of law, charter, or ordinance. 
    Sec. 5.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved March 4, 1985