1.1 	A bill for an act
1.2 	relating to a ballpark for major league baseball;
1.3 	providing for the financing, construction, operation,
1.4 	and maintenance of the ballpark and related
1.5 	facilities; establishing the Minnesota Ballpark
1.6 	Authority; defining members of the authority as public
1.7 	officials; providing powers and duties of the
1.8 	authority; providing a community ownership option upon
1.9 	sale of the team; authorizing Hennepin County to issue
1.10 	bonds and to contribute to ballpark costs and to
1.11 	engage in ballpark and related activities; authorizing
1.12 	local sales and use taxes and revenues; requiring
1.13 	actions by the state, the city of Minneapolis, and the
1.14 	Hennepin County Regional Railroad Authority; amending
1.15 	Minnesota Statutes 2004, sections 10A.01, subdivision
1.16 	35; 297A.71, by adding a subdivision; repealing
1.17 	Minnesota Statutes 2004, sections 473I.01; 473I.02;
1.18 	473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08;
1.19 	473I.09; 473I.10; 473I.11; 473I.12; 473I.13.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	Section 1. Minnesota Statutes 2004, section 10A.01,
1.22 	subdivision 35, is amended to read:
1.23 		Subd. 35.Public official.  "Public official" means any:
1.24 	(1) member of the legislature;
1.25 	(2) individual employed by the legislature as secretary of
1.26 	the senate, legislative auditor, chief clerk of the house,
1.27 	revisor of statutes, or researcher, legislative analyst, or
1.28 	attorney in the Office of Senate Counsel and Research or House
1.29 	Research;
1.30 	(3) constitutional officer in the executive branch and the
1.31 	officer's chief administrative deputy;
1.32 	(4) solicitor general or deputy, assistant, or special
2.1 	assistant attorney general;
2.2 	(5) commissioner, deputy commissioner, or assistant
2.3 	commissioner of any state department or agency as listed in
2.4 	section 15.01 or 15.06;
2.5 	(6) member, chief administrative officer, or deputy chief
2.6 	administrative officer of a state board or commission that has
2.7 	either the power to adopt, amend, or repeal rules under chapter
2.8 	14, or the power to adjudicate contested cases or appeals under
2.9 	chapter 14;
2.10 	(7) individual employed in the executive branch who is
2.11 	authorized to adopt, amend, or repeal rules under chapter 14 or
2.12 	adjudicate contested cases under chapter 14;
2.13 	(8) executive director of the State Board of Investment;
2.14 	(9) deputy of any official listed in clauses (7) and (8);
2.15 	(10) judge of the Workers' Compensation Court of Appeals;
2.16 	(11) administrative law judge or compensation judge in the
2.17 	State Office of Administrative Hearings or referee in the
2.18 	Department of Employment and Economic Development;
2.19 	(12) member, regional administrator, division director,
2.20 	general counsel, or operations manager of the metropolitan
2.21 	council;
2.22 	(13) member or chief administrator of a metropolitan
2.23 	agency;
2.24 	(14) director of the Division of Alcohol and Gambling
2.25 	Enforcement in the Department of Public Safety;
2.26 	(15) member or executive director of the Higher Education
2.27 	Facilities Authority;
2.28 	(16) member of the board of directors or president of
2.29 	Minnesota Technology, Inc.; or 
2.30 	(17) member of the board of directors or executive director
2.31 	of the Minnesota State High School League; or 
2.32 	(18) member of the Minnesota Ballpark Authority established
2.33 	in section 4.

2.34 	Sec. 2. Minnesota Statutes 2004, section 297A.71, is
2.35 	amended by adding a subdivision to read:
2.36 		Subd. 33.Building materials exemption. Materials,
3.1 	supplies, and equipment used or consumed in, and incorporated
3.2 	into the construction or improvement of the ballpark, and public
3.3 	infrastructure constructed pursuant to sections 3 to 10, are
3.4 	exempt.

3.5 	Sec. 3. CONSTRUCTION AND FINANCING OF MAJOR LEAGUE
3.6 	BALLPARK.
 3.7 		Subdivision 1.Purpose; findings. The purpose of this
3.8 	act is to provide for the construction, financing, and long-term
3.9 	use of a ballpark primarily as a venue for major league
3.10 	baseball.  It is hereby found and declared that the expenditure
3.11 	of public funds for this purpose is necessary and serves a
3.12 	public purpose.  It is further found and declared that any
3.13 	provision in a lease or use agreement with a major league team,
3.14 	that requires the team to play its home games in a publicly
3.15 	funded ballpark for the duration of the lease or use agreement,
3.16 	serves a unique public purpose for which the remedies of
3.17 	specific performance and injunctive relief are essential to its
3.18 	enforcement.  It is further found and declared that government
3.19 	assistance to facilitate the presence of major league baseball
3.20 	provides to Hennepin County, the state of Minnesota, and its
3.21 	citizens highly valued intangible benefits that are virtually
3.22 	impossible to quantify and, therefore, not recoverable even if
3.23 	the government receives monetary damages in the event of a
3.24 	team's breach of contract.  Minnesota courts are, therefore,
3.25 	charged with protecting those benefits through the use of
3.26 	specific performance and injunctive relief as provided herein
3.27 	and in the lease and use agreements.
3.28 		Subd. 2.Location. The ballpark must be located in the
3.29 	city of Minneapolis at a site within the development area.
3.30 		Subd. 3.Definitions. As used in this act, the following
3.31 	terms have the meanings given in this subdivision:
3.32 	(a) "Authority" means the Minnesota Ballpark Authority
3.33 	established under section 4.
3.34 	(b) "Ballpark" means the stadium suitable for major league
3.35 	baseball to be constructed and financed under this act.
3.36 	(c) "Ballpark costs" means, unless the context otherwise
4.1 	indicates, the cost of designing, constructing, and equipping a
4.2 	ballpark suitable for major league baseball.  "Ballpark cost"
4.3 	excludes the cost of land acquisition, site improvements,
4.4 	utilities, site demolition, environmental remediation, railroad
4.5 	crash wall, site furnishings, landscaping, railroad right-of-way
4.6 	development, district energy, site graphics and artwork and
4.7 	other site improvements identified by the authority, public
4.8 	infrastructure, capital improvement reserves, bond reserves,
4.9 	capitalized interest, and financing costs.
4.10 	(d) "County" means Hennepin County.
4.11 	(e) "Development area" means the area in the city of
4.12 	Minneapolis bounded by marked Interstate Highway 394, vacated
4.13 	Holden Street, the Burlington Northern right-of-way, Seventh
4.14 	Street North, Sixth Avenue North, and Fifth Street North.
4.15 	(f) "Public infrastructure" means all property, facilities,
4.16 	and improvements determined by the authority or the county to
4.17 	facilitate the development and use of the ballpark, including
4.18 	but not limited to property and improvements for drainage,
4.19 	environmental remediation, parking, roadways, walkways, skyways,
4.20 	pedestrian bridges, bicycle paths, and transit improvements to
4.21 	facilitate public access to the ballpark, lighting, landscaping,
4.22 	utilities, streets, and land acquired and prepared for private
4.23 	redevelopment in a manner related to the use of the ballpark.
4.24 	(g) "Team" means the owner and operator of the baseball
4.25 	team currently known as the Minnesota Twins.

4.26 	Sec. 4. MINNESOTA BALLPARK AUTHORITY.
 4.27 		Subdivision 1.Establishment. To achieve the purposes of
4.28 	this act, the Minnesota Ballpark Authority is established as a
4.29 	public body, corporate and politic, and political subdivision of
4.30 	the state.  The authority is not a joint powers entity or an
4.31 	agency or instrumentality of the county.  The authority may
4.32 	acquire title to all land, air rights, and other interests in
4.33 	real property needed for construction and operation of the
4.34 	ballpark and related facilities.  The authority may enter into
4.35 	contracts for and take all actions necessary or desirable to
4.36 	design, construct, furnish, equip, and provide for the
5.1 	operation, maintenance, and improvement of the ballpark and
5.2 	related facilities, and has all powers necessary or incidental
5.3 	to those actions.
5.4 		Subd. 2.Composition. (a) The Minnesota Ballpark
5.5 	Authority shall be governed by a commission consisting of:
5.6 	(1) two members appointed by the governor;
5.7 	(2) two members, including the chair, appointed by the
5.8 	county board; and 
5.9 	(3) one member appointed by the governing body of the city
5.10 	of Minneapolis.
5.11 	(b) All members appointed under paragraph (a), clause (1),
5.12 	serve at the pleasure of the governor.  All members appointed
5.13 	under paragraph (a), clause (2), serve at the pleasure of the
5.14 	county board.  The member appointed under paragraph (a), clause
5.15 	(3), serves at the pleasure of the governing body of the city of
5.16 	Minneapolis.
5.17 	(c) Compensation of members appointed under paragraph (a)
5.18 	is governed by Minnesota Statutes, section 15.0575.
5.19 	(d) One member appointed under paragraph (a), clause (1),
5.20 	must be a resident of a county other than Hennepin.  All other
5.21 	members appointed under paragraph (a) must be residents of
5.22 	Hennepin County.
5.23 		Subd. 3.Chair. The chair shall preside at all meetings
5.24 	of the commission, if present, and shall perform all other
5.25 	assigned duties and functions.  The commission may appoint from
5.26 	among its members a vice-chair to act for the chair during the
5.27 	temporary absence or disability of the chair.
5.28 		Subd. 4.Bylaws. The authority shall adopt bylaws to
5.29 	establish rules of procedure, the powers and duties of its
5.30 	officers, and other matters relating to the governance of the
5.31 	authority and the exercise of its powers.  The bylaws adopted
5.32 	under this subdivision shall be similar in form and substance to
5.33 	bylaws adopted by the Metropolitan Sports Facilities Commission
5.34 	pursuant to Minnesota Statutes, section 473.553.
5.35 		Subd. 5.Web site. The authority shall establish a Web
5.36 	site for purposes of providing information to the public
6.1 	concerning all actions taken by the authority.  At a minimum,
6.2 	the Web site must contain a current version of the authority's
6.3 	bylaws, notices of upcoming meetings, minutes of the authority's
6.4 	meetings, and contact telephone and fax numbers for public
6.5 	comments.

6.6 	Sec. 5. POWERS OF AUTHORITY.
 6.7 		Subdivision 1.Actions. The authority may sue and be
6.8 	sued. The authority is a public body and the ballpark and public
6.9 	infrastructure are public improvements within the meaning of
6.10 	Minnesota Statutes, chapter 562.  The authority is a
6.11 	municipality within the meaning of Minnesota Statutes, chapter
6.12 	466.
6.13 		Subd. 2.Acquisition of property. The authority may
6.14 	acquire from any public or private entity by lease, purchase,
6.15 	gift, or devise all necessary right, title, and interest in and
6.16 	to real or personal property deemed necessary to the purposes
6.17 	contemplated by this act.
6.18 		Subd. 3.Property tax exemption; special
6.19 	assessments. Any real or personal property acquired, owned,
6.20 	leased, controlled, used, or occupied by the authority or county
6.21 	for any of the purposes of this act is declared to be acquired,
6.22 	owned, leased, controlled, used, and occupied for public,
6.23 	governmental, and municipal purposes, and is exempt from ad
6.24 	valorem taxation by the state or any political subdivision of
6.25 	the state; provided that the properties are subject to special
6.26 	assessments levied by a political subdivision for a local
6.27 	improvement in amounts proportionate to and not exceeding the
6.28 	special benefit received by the properties from the
6.29 	improvement.  No possible use of any of the properties in any
6.30 	manner different from their use under this act at the time may
6.31 	be considered in determining the special benefit received by the
6.32 	properties.  Notwithstanding Minnesota Statutes, section 272.01,
6.33 	subdivision 2, or section 273.19, real or personal property
6.34 	leased by the authority or county to another person for uses
6.35 	related to the purposes of this act, including the operation of
6.36 	the ballpark and related parking facilities, is exempt from
7.1 	taxation regardless of the length of the lease.  This
7.2 	subdivision, insofar as it provides an exemption or special
7.3 	treatment, does not apply to any real property that is leased
7.4 	for residential, business, or commercial development or other
7.5 	purposes different from those contemplated in this act.
7.6 		Subd. 4.Data practices; open meetings. Except as
7.7 	otherwise provided in this act, the authority is subject to
7.8 	Minnesota Statutes, chapters 13 and 13D.
7.9 		Subd. 5.Facility operation. The authority may equip,
7.10 	improve, operate, manage, maintain, and control the ballpark and
7.11 	related facilities constructed, remodeled, or acquired under
7.12 	this act, subject to the rights and obligations transferred to
7.13 	and assumed by the team or other user under the terms of a lease
7.14 	or use agreement.
7.15 		Subd. 6.Disposition of property. The authority may
7.16 	sell, lease, or otherwise dispose of any real or personal
7.17 	property acquired by it that is no longer required for
7.18 	accomplishment of its purposes.  The property may be sold in
7.19 	accordance with the procedures provided by Minnesota Statutes,
7.20 	section 469.065, except subdivisions 6 and 7, to the extent the
7.21 	authority deems to be practical and consistent with this act.
7.22 	Title to the ballpark shall not otherwise be transferred or sold
7.23 	without approval by the legislature.
7.24 		Subd. 7.Employees; contracts for services. The
7.25 	authority may employ persons and contract for services necessary
7.26 	to carry out its functions, including the utilization of
7.27 	employees and consultants retained by other governmental
7.28 	entities.  The authority may employ on the terms it deems
7.29 	advisable persons or firms to provide peace officers to direct
7.30 	traffic on property under the control of the authority and on
7.31 	the city streets in the general area of the property controlled
7.32 	by the authority.
7.33 		Subd. 8.Gifts and grants. The authority may accept
7.34 	monetary contributions, property, services, and grants or loans
7.35 	of money or other property from the United States, the state,
7.36 	any subdivision of the state, any agency of those entities, or
8.1 	any person for any of its purposes, and may enter into any
8.2 	agreement required in connection with them.  The authority shall
8.3 	hold, use, and dispose of the money, property, or services
8.4 	according to the terms of the monetary contributions, grant,
8.5 	loan, or agreement.
8.6 		Subd. 9.Research. The authority may conduct research
8.7 	studies and programs; collect and analyze data; prepare reports,
8.8 	maps, charts, and tables; and conduct all necessary hearings and
8.9 	investigations in connection with its functions.
8.10 		Subd. 10.Use agreements. The authority may lease,
8.11 	license, or enter into use agreements and may fix, alter,
8.12 	charge, and collect rentals, fees, and charges for the use,
8.13 	occupation, and availability of part or all of any premises,
8.14 	property, or facilities under its ownership, operation, or
8.15 	control for purposes that will provide athletic, educational,
8.16 	cultural, commercial, or other entertainment, instruction, or
8.17 	activity for the citizens of Minnesota and visitors.  Any such
8.18 	use agreement may provide that the other contracting party has
8.19 	exclusive use of the premises at the times agreed upon, as well
8.20 	as the right to retain all revenues from ticket sales, suite
8.21 	licenses, concessions, advertising, naming rights, and other
8.22 	revenues derived from the ballpark.  The lease or use agreement
8.23 	with a team shall provide for the payment by the team of
8.24 	operating and maintenance costs and expenses and provide other
8.25 	terms the authority and team agree to.
8.26 		Subd. 11.Insurance. The authority may require any
8.27 	employee to obtain and file with it an individual bond or
8.28 	fidelity insurance policy.  It may procure insurance in the
8.29 	amounts it considers necessary against liability of the
8.30 	authority or its officers and employees for personal injury or
8.31 	death and property damage or destruction, consistent with
8.32 	Minnesota Statutes, chapter 466, and against risks of damage to
8.33 	or destruction of any of its facilities, equipment, or other
8.34 	property.
8.35 		Subd. 12.Exemption from council review; business subsidy
8.36 	act. The acquisition and betterment of a ballpark by the
9.1 	authority must be conducted pursuant to this act and are not
9.2 	subject to Minnesota Statutes, sections 473.165 and 473.173.
9.3 	Minnesota Statutes, section 116J.994, does not apply to any
9.4 	transactions of the county, the authority, or other governmental
9.5 	entity related to the ballpark or public infrastructure, or to
9.6 	any tenant or other users of them.
9.7 		Subd. 13.Local government action; environmental review.
 9.8 	Local governmental units shall take action promptly and within
9.9 	project design and construction timetables on applications for
9.10 	building permits and certificates of occupancy.  The county
9.11 	shall be the responsible governmental unit for any environmental
9.12 	impact statement prepared under Minnesota Statutes, section
9.13 	116D.04.  Governmental units granted authority under this act
9.14 	may make decisions and take actions to acquire land, obtain
9.15 	financing, and impose the tax under section 7, prior to
9.16 	completion of environmental review.
9.17 		Subd. 14.Contracts. The authority may enter into a
9.18 	development agreement with the team, the county, or any other
9.19 	entity relating to the construction, financing, and use of the
9.20 	ballpark and related facilities and public infrastructure.  The
9.21 	authority may contract for materials, supplies, and equipment in
9.22 	accordance with Minnesota Statutes, section 471.345, except that
9.23 	the authority, with the consent of the county, may employ or
9.24 	contract with persons, firms, or corporations to perform one or
9.25 	more or all of the functions of architect, engineer, or
9.26 	construction manager with respect to all or any part of the
9.27 	ballpark and public infrastructure.  Alternatively, at the
9.28 	request of the team and with the consent of the county, the
9.29 	authority shall authorize the team to provide for the design and
9.30 	construction of the ballpark, subject to terms of this act.  The
9.31 	construction manager may enter into contracts with contractors
9.32 	for labor, materials, supplies, and equipment for the
9.33 	construction of the ballpark through the process of public
9.34 	bidding, except that the construction manager may, with the
9.35 	consent of the authority or the team:
9.36 	(1) narrow the listing of eligible bidders to those which
10.1 	the construction manager determines to possess sufficient
10.2 	expertise to perform the intended functions;
10.3 	(2) award contracts to the contractors that the
10.4 	construction manager determines provide the best value, which
10.5 	are not required to be the lowest responsible bidder; and 
10.6 	(3) for work the construction manager determines to be
10.7 	critical to the completion schedule, award contracts on the
10.8 	basis of competitive proposals or perform work with its own
10.9 	forces without soliciting competitive bids if the construction
10.10 	manager provides evidence of competitive pricing.
10.11 	The authority may require that the construction manager shall
10.12 	certify, before the contract is finally signed, a certified,
10.13 	fixed, and stipulated construction price and completion date to
10.14 	the authority and shall post a bond in an amount at least equal
10.15 	to 100 percent of the certified price, to cover any costs, which
10.16 	may be incurred in excess of the certified price, including but
10.17 	not limited to costs incurred by the authority or loss of
10.18 	revenues resulting from incomplete construction on the
10.19 	completion date.  The authority may secure surety bonds as
10.20 	provided in Minnesota Statutes, section 574.26, securing payment
10.21 	of just claims in connection with all public work undertaken by
10.22 	it.  Persons entitled to the protection of the bonds may enforce
10.23 	them as provided in Minnesota Statutes, sections 574.28 to
10.24 	574.32, and shall not be entitled to a lien on any property of
10.25 	the authority under the provisions of Minnesota Statutes,
10.26 	sections 514.01 to 514.16.  Contracts for construction and
10.27 	operation of the ballpark must include programs to provide for
10.28 	participation by small, local, women, and minority businesses,
10.29 	and the inclusion of women and people of color in the workforces
10.30 	of contractors and ballpark operators.

10.31 	Sec. 6. CRITERIA AND CONDITIONS.
 10.32 		Subdivision 1.Binding and enforceable. In developing
10.33 	the ballpark and entering into related contracts, the authority
10.34 	must follow and enforce the criteria and conditions in
10.35 	subdivisions 2 to 14, provided that a determination by the
10.36 	authority that those criteria or conditions have been met under
11.1 	any agreement or otherwise shall be conclusive.
11.2 		Subd. 2.Team contributions. The team must agree to
11.3 	contribute $125,000,000 toward ballpark costs, less a
11.4 	proportionate share of any amount by which actual ballpark costs
11.5 	may be less than a budgeted amount of $360,000,000.  The team
11.6 	contributions must be funded in cash during the construction
11.7 	period.  In addition to any other team contribution, the team
11.8 	must agree to assume and pay when due all cost overruns for the
11.9 	ballpark costs that exceed the budget, excluding land, site
11.10 	improvements, and public infrastructure.
11.11 		Subd. 3.Reserve for capital improvements. The authority
11.12 	shall require that a reserve fund for capital improvements to
11.13 	the stadium be established and funded with annual team payments
11.14 	of $600,000 and annual payments from other sources of
11.15 	$1,400,000, which annual payments shall increase according to an
11.16 	inflation index determined by the authority.  The authority may
11.17 	accept contributions from the county or other source for the
11.18 	portion of the funding not required to be provided by the team.
11.19 		Subd. 4.Lease or use agreements. The authority and team
11.20 	must agree to a long-term lease or use agreement with the team
11.21 	for its use of the ballpark.  The team must agree to play all
11.22 	regularly scheduled and postseason home games at the ballpark.
11.23 	Preseason games may also be scheduled and played at the
11.24 	ballpark.  The lease or use agreement must be for a term of at
11.25 	least 30 years from the date of ballpark completion.  The lease
11.26 	or use agreement must include terms for default, termination,
11.27 	and breach of the agreement.  Recognizing that the presence of
11.28 	major league baseball provides to Hennepin County, the state of
11.29 	Minnesota, and its citizens highly valued, intangible benefits
11.30 	that are virtually impossible to quantify and, therefore, not
11.31 	recoverable in the event of a team owner's breach of contract,
11.32 	the lease and use agreements must provide for specific
11.33 	performance and injunctive relief to enforce provisions relating
11.34 	to use of the ballpark for major league baseball and must not
11.35 	include escape clauses or buyout provisions.
11.36 		Subd. 5.Notice requirement for certain events. Until 30
12.1 	years from the date of ballpark completion, the team must
12.2 	provide written notice to the authority not less than 90 days
12.3 	prior to any action, including any action imposed upon the team
12.4 	by Major League Baseball, which would result in a breach or
12.5 	default of provisions of the lease or use agreements required to
12.6 	be included under subdivision 4.  If this notice provision is
12.7 	violated and the team has already breached or been in default
12.8 	under the required provisions, the authority, the county, or the
12.9 	state of Minnesota is authorized to specifically enforce the
12.10 	lease or use agreement, and Minnesota courts are authorized and
12.11 	directed to fashion equitable remedies so that the team may
12.12 	fulfill the conditions of the lease and use agreements,
12.13 	including, but not limited to, remedies against Major League
12.14 	Baseball.
12.15 		Subd. 6.Enforceable financial commitments. The
12.16 	authority must determine before ballpark construction begins
12.17 	that all public and private funding sources for construction and
12.18 	operation of the ballpark are included in written agreements.
12.19 	The committed funds must be adequate to design, construct,
12.20 	furnish, and equip the ballpark.
12.21 		Subd. 7.Community ownership option. (a) The lease or
12.22 	use agreement for the ballpark must provide that if the owner of
12.23 	the team seeks to sell the team during the term of the
12.24 	agreement, the owner must provide a right of first refusal to a
12.25 	corporation formed to provide community ownership of the team.
12.26 	(b) A corporation formed to exercise a right of first
12.27 	refusal must comply with major league baseball ownership rules.
12.28 	To the extent consistent with those rules, no person may own
12.29 	more than 35 percent of the common stock of the corporation, and
12.30 	at least 50 percent of the ownership of the common stock must be
12.31 	sold so that no person or entity owns more than one percent.
12.32 	The corporation must include a class of preferred stock.  The
12.33 	articles of incorporation, bylaws, and other governing documents
12.34 	of the corporation must provide that the team may not move
12.35 	outside of the state or agree to voluntary contraction without
12.36 	approval of at least 75 percent of the shares of common stock
13.1 	and at least 75 percent of the shares of preferred stock.
13.2 	Notwithstanding any law to the contrary, these 75 percent
13.3 	approval requirements must not be amended by the shareholders or
13.4 	by any other means.
13.5 		Subd. 8.Environmental requirements. The authority must
13.6 	comply with all environmental requirements imposed by regulatory
13.7 	agencies for the ballpark, site, and structure.
13.8 		Subd. 9.Public share upon sale of team. The lease or
13.9 	use agreement must provide that, if the team is sold after the
13.10 	effective date of this act, a portion of the sale price must be
13.11 	paid to the authority and deposited in a reserve fund for
13.12 	improvements to the ballpark or expended as the authority may
13.13 	otherwise direct.  The portion required to be so paid to the
13.14 	authority is 18 percent of the gross sale price, declining to
13.15 	zero ten years after commencement of ballpark construction in
13.16 	increments of 1.8 percent each year.  The agreement shall
13.17 	provide exceptions for sales to members of the owner's family
13.18 	and entities and trusts beneficially owned by family members,
13.19 	sales to employees of equity interests aggregating up to ten
13.20 	percent, and sales related to capital infusions not distributed
13.21 	to the owners.
13.22 		Subd. 10.Access to books and records. The authority
13.23 	must seek a provision in the lease or use agreement that
13.24 	provides the authority access to annual audited financial
13.25 	statements of the team and other financial books and records
13.26 	that the authority deems necessary to determine compliance by
13.27 	the team with this act and to enforce the terms of any lease or
13.28 	use agreements entered into under this act.  Any financial
13.29 	information obtained by the authority under this subdivision is
13.30 	nonpublic data under Minnesota Statutes, section 13.02,
13.31 	subdivision 9.
13.32 		Subd. 11.Affordable access. To the extent determined by
13.33 	the authority or required by a grant agreement, any lease or use
13.34 	agreement must provide for affordable access to the professional
13.35 	sporting events held in the ballpark.
13.36 		Subd. 12.No strikes; lockouts. The authority must use
14.1 	its best efforts to negotiate a public sector project labor
14.2 	agreement or other agreement to prevent strikes and lockouts
14.3 	that would halt, delay, or impede construction of the ballpark
14.4 	and related facilities.
14.5 		Subd. 13.Youth and amateur sports. The lease or use
14.6 	agreement must require that the team provide or cause to be
14.7 	provided $250,000 annually for the term of the agreement for
14.8 	youth activities and amateur sports without reducing the amounts
14.9 	otherwise normally provided for and on behalf of the team for
14.10 	those purposes.  The amount shall increase according to an
14.11 	inflation factor not to exceed 2.5 percent annually and may be
14.12 	subject to a condition that the county fund grants for similar
14.13 	purposes as authorized by this act.
14.14 		Subd. 14.Name retention. The lease or use agreement
14.15 	must provide that the team and league will transfer to the state
14.16 	of Minnesota the Minnesota Twins' heritage and records,
14.17 	including the name, logo, colors, history, playing records,
14.18 	trophies and memorabilia in the event of any dissolution or
14.19 	relocation of the Twins franchise.

14.20 	Sec. 7. COUNTY ACTIVITIES; BONDS; TAXES.
 14.21 		Subdivision 1.Activities; contracts. The county may
14.22 	authorize, by resolution, and make one or more grants to the
14.23 	authority for ballpark development and construction, public
14.24 	infrastructure, reserves for capital improvements, operating
14.25 	expenses, and other purposes related to the ballpark on the
14.26 	terms and conditions agreed to by the county and the authority.
14.27 	The amount that the county may grant or expend for ballpark
14.28 	costs shall not exceed $235,000,000.  The amount of any grant
14.29 	for capital improvement reserves shall not exceed $1,400,000
14.30 	annually, subject to annual increases according to an inflation
14.31 	index acceptable to the county.  This act does not limit the
14.32 	amount of grants or expenditures for land, site improvements,
14.33 	and public infrastructure.  Such agreements are valid and
14.34 	enforceable notwithstanding that they involve payments in future
14.35 	years and they do not constitute a debt of the county within the
14.36 	meaning of any constitutional or statutory limitation or for
15.1 	which a referendum is required.  The county may acquire land,
15.2 	air rights, and other property interests within the development
15.3 	area for the ballpark site and public infrastructure and convey
15.4 	it to the authority with or without consideration, prepare a
15.5 	site for development as a ballpark, and acquire and construct
15.6 	any related public infrastructure.  The county may review and
15.7 	approve ballpark designs, plans, and specifications to the
15.8 	extent provided in a grant agreement and in order to ensure that
15.9 	the public purposes of the grant are carried out.  Public
15.10 	infrastructure designs must optimize area transit and bicycle
15.11 	opportunities, including connections to existing trails.  The
15.12 	county may enforce the provisions of any grant agreement by
15.13 	specific performance.  Except to require compliance with the
15.14 	conditions of the grant, the county has no interest in or claim
15.15 	to any assets or revenues of the authority.  The county may
15.16 	initiate an environmental impact statement as the responsible
15.17 	governmental unit under Minnesota Statutes, section 116D.04, and
15.18 	conduct other studies and tests necessary to evaluate the
15.19 	suitability of the ballpark site.  The county has all powers
15.20 	necessary or convenient for those purposes and may enter into
15.21 	any contract for those purposes.  The county may reimburse a
15.22 	local governmental entity within its jurisdiction or make a
15.23 	grant to such a governmental unit for site acquisition,
15.24 	preparation of the site for ballpark development, and public
15.25 	infrastructure.  Amounts expended by a local governmental unit
15.26 	with the proceeds of a grant or in expectation of reimbursement
15.27 	by the county shall not be deemed an expenditure or other use of
15.28 	local governmental resources by the governmental unit within the
15.29 	meaning of any law or charter limitation.  Exercise by the
15.30 	county of its powers under this section shall not affect the
15.31 	amounts that the county is otherwise eligible to spend, tax, or
15.32 	receive under any law.
15.33 	It is the intent of the legislature that, except as
15.34 	expressly limited herein, the county has the authority to
15.35 	acquire and develop a site for the ballpark, to enter into
15.36 	contracts with the authority and other governmental entities, to
16.1 	appropriate funds, and to make employees, consultants, and other
16.2 	revenues available for those purposes.  The county may exercise
16.3 	for those purposes all the powers of a city, a housing and
16.4 	redevelopment authority, a port authority, a community
16.5 	development agency, and an economic development authority
16.6 	notwithstanding any limitations on the powers of those entities
16.7 	with respect to the development of sports facilities buildings
16.8 	designed or used primarily for professional sports.
16.9 		Subd. 2.County revenue bonds. The county may, by
16.10 	resolution, authorize, sell, and issue revenue bonds to provide
16.11 	funds to make a grant to the authority and to finance all or a
16.12 	portion of the costs of site acquisition, site improvements and
16.13 	other activities necessary to prepare a site for development of
16.14 	a stadium, and to acquire and construct any related parking
16.15 	facilities and other public infrastructure.  The county may
16.16 	also, by resolution, issue bonds to refund the bonds issued
16.17 	pursuant to this section.  The bonds must be limited
16.18 	obligations, payable solely from or secured by taxes levied
16.19 	under subdivision 3, and any other revenues to become available
16.20 	under this act.  The bonds may be issued in one or more series
16.21 	and sold without an election.  The bonds shall be sold in the
16.22 	manner provided by Minnesota Statutes, section 475.60.  The
16.23 	bonds shall be secured, bear the interest rate or rates or a
16.24 	variable rate, have the rank or priority, be executed in the
16.25 	manner, be payable in the manner, mature, and be subject to the
16.26 	defaults, redemptions, repurchases, tender options, or other
16.27 	terms, as the county may determine.  The county may enter into
16.28 	and perform all contracts deemed necessary or desirable by it to
16.29 	issue and secure the bonds, including an indenture of trust with
16.30 	a trustee within or without the state.  The debt represented by
16.31 	the bonds shall not be included in computing any debt limitation
16.32 	applicable to the county.  Subject to this subdivision, the
16.33 	bonds must be issued and sold in the manner provided in
16.34 	Minnesota Statutes, chapter 475.  The bonds shall recite that
16.35 	they are issued under this act and the recital shall be
16.36 	conclusive as to the validity of the bonds and the imposition
17.1 	and pledge of the taxes levied for their payment.  In
17.2 	anticipation of the issuance of the bonds authorized under this
17.3 	subdivision and the collection of taxes levied under subdivision
17.4 	3, the county may provide funds for the purposes authorized by
17.5 	this act through interfund loans from other available funds of
17.6 	the county.
17.7 		Subd. 3.Sales and use tax. (a) Notwithstanding
17.8 	Minnesota Statutes, section 477A.016, or any other law, the
17.9 	governing body of the county may, by ordinance, impose an
17.10 	additional sales tax at a rate not to exceed 0.15 percent on
17.11 	sales taxable under Minnesota Statutes, chapter 297A, that occur
17.12 	within the county, and may also, by ordinance, impose a
17.13 	compensating use tax at a rate not to exceed 0.15 percent on
17.14 	uses of property within the county, the sale of which would be
17.15 	subject to the additional sales tax but for the fact that the
17.16 	property was sold outside the county.  For purposes of this
17.17 	subdivision, sales that occur within the county do not include
17.18 	sales that would be exempt pursuant to Minnesota Statutes,
17.19 	section 297A.68, subdivision 11, 15, or 16, if the name of the
17.20 	county were substituted for the words "state," "the state," or
17.21 	"Minnesota." 
17.22 	(b) The tax authorized under this act is exempt from
17.23 	Minnesota Statutes, section 297A.99, subdivisions 2 and 3.
17.24 	(c) The tax must be dedicated to the purposes described in
17.25 	this act and terminates upon payment or provision for payment of
17.26 	all bonds issued under subdivision 2 and the payment or
17.27 	provision for payment of all obligations of the county under any
17.28 	grant agreements or funding commitments entered into pursuant to
17.29 	this act.
17.30 	(d) To the extent not inconsistent with this act, the
17.31 	provisions of Minnesota Statutes, sections 297A.95; 297A.96;
17.32 	297A.98; and 297A.99, subdivisions 4, 5, 6, 7, 8, 9, 10, 11, and
17.33 	12, apply to the tax.
17.34 	(e) The tax shall not be included in determining the amount
17.35 	of sales tax that may be imposed on lodging in the city of
17.36 	Minneapolis for purposes of the limitation contained in Laws
18.1 	1986, chapter 396, section 5, or in determining the amount of
18.2 	tax that may be imposed under any other limitation.
18.3 	(f) In the event of any amendment to Minnesota Statutes,
18.4 	chapter 297A, enacted subsequent to the effective date of this
18.5 	act that exempts sales or uses that were taxable under Minnesota
18.6 	Statutes, chapter 297A, on the effective date of this act, the
18.7 	county may, by ordinance, extend the tax authorized hereby to
18.8 	any such sales or uses, provided that the governing body shall
18.9 	have determined that such extension is necessary to provide
18.10 	revenues for the uses to which taxes may be applied under this
18.11 	section and further provided that, in the estimation of the
18.12 	governing body, the aggregate annual collections following such
18.13 	extension will not exceed the aggregate annual collections that
18.14 	would have been generated if Minnesota Statutes, chapter 297A,
18.15 	as in effect on the effective date of this act, were then in
18.16 	effect.  Any bonds issued in accordance with this act may, with
18.17 	the consent of the governing body, contain a covenant that the
18.18 	tax will be so extended to the extent necessary to pay principal
18.19 	and interest on the bonds when due.
18.20 		Subd. 4.Uses of taxes. Revenues received from the tax
18.21 	imposed under subdivision 3 may be used:
18.22 	(1) to pay costs of collection;
18.23 	(2) to pay or secure the payment of any principal of,
18.24 	premium, or interest on bonds issued in accordance with this
18.25 	act;
18.26 	(3) to pay costs and make grants described in subdivision
18.27 	1, including financing costs related to them; and 
18.28 	(4) to maintain reserves for the foregoing purposes deemed
18.29 	reasonable and appropriate by the county.

18.30 	Sec. 8. RAILROAD AUTHORITY CONVEYANCE.
 18.31 	At the request of the authority, the Hennepin County
18.32 	Regional Railroad Authority shall convey land it owns within the
18.33 	development area that is not currently used for rail purposes to
18.34 	the authority without charge for use in connection with the
18.35 	ballpark and public infrastructure.

18.36 	Sec. 9. CITY REQUIREMENTS.
 19.1 		Subdivision 1.Third avenue. At the request of the
19.2 	authority, the city of Minneapolis shall vacate the portion of
19.3 	Third Avenue North from Seventh Street North to the intersection
19.4 	of Third Avenue North and the on-ramp to marked Interstate
19.5 	Highway 394 without impeding on-ramp access.
19.6 		Subd. 2.Land conveyance. At the request of the
19.7 	authority, the city of Minneapolis shall convey to the authority
19.8 	without charge all real property it owns that is located in the
19.9 	development area and is not currently used for road, sidewalk,
19.10 	or utility purposes and that the authority determines to be
19.11 	necessary for ballpark or public infrastructure purposes.
19.12 		Subd. 3.Liquor licenses. The city of Minneapolis shall
19.13 	issue intoxicating liquor licenses that are reasonably requested
19.14 	for the premises of the ballpark.  These licenses are in
19.15 	addition to the number authorized by law.  All provisions of
19.16 	Minnesota Statutes, chapter 340A, not inconsistent with this
19.17 	section apply to the licenses authorized under this subdivision.
19.18 		Subd. 4.Charter limitations. Actions taken by the city
19.19 	of Minneapolis under this section shall not be deemed to be an
19.20 	expenditure or other use of city resources within the meaning of
19.21 	any charter limitation.

19.22 	Sec. 10. LOCAL TAXES.
 19.23 	Sales of admissions to baseball events at the ballpark are
19.24 	exempt from sales and use taxes imposed by local units of
19.25 	government, notwithstanding any law or ordinance.  No local unit
19.26 	of government shall impose a new or additional tax on sales or
19.27 	uses of any item that is not in effect for the ballpark site on
19.28 	the date of enactment of this act, except taxes generally
19.29 	applicable throughout the jurisdiction.

19.30 	Sec. 11. REPEALER.
 19.31 	Minnesota Statutes 2004, sections 473I.01; 473I.02;
19.32 	473I.03; 473I.04; 473I.05; 473I.06; 473I.07; 473I.08; 473I.09;
19.33 	473I.10; 473I.11; 473I.12; and 473I.13, are repealed.

19.34 	Sec. 12. EFFECTIVE DATES.
 19.35 	Sections 1 to 6 and 8 to 11 are effective the day following
19.36 	final enactment.  Section 7 is effective the day after the
20.1 	governing body of Hennepin County and its chief clerical officer
20.2 	timely complete their compliance with Minnesota Statutes,
20.3 	section 645.021, subdivisions 2 and 3.