Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1997 Third Special Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
22		Resolution No. 1	November 5
18 1 9:20 a.m. November 5 November 5
8 2 10:07 a.m. November 5 November 5
12 3 10:30 a.m. November 5 November 5

Sincerely,

Joan Anderson Growe

Secretary of State

domain under chapter 117, subject to any limits on spending in a charter for the city or county, to acquire a site for the baseball park and, from time to time, such other property, real, personal, and intangible, as are essential and integral to the successful operation of the baseball park.

Sec. 11. Minnesota Statutes 1996, section 473.556, subdivision 4, is amended to read:

Subd. 4. [EXEMPTION OF PROPERTY.] (a) Except as provided in paragraph (b), any real or personal property acquired, owned, leased, controlled, used, or occupied by the commission for any of the purposes of sections 473.551 to 473.599 is declared to be acquired, owned, leased, controlled, used and occupied for public, governmental, and municipal purposes, and shall be exempt from ad valorem taxation by the state or any political subdivision of the state, provided that such properties shall be 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 such properties in any manner different from their use under sections 473.551 to 473.599 at the time shall be considered in determining the special benefit received by the properties. All assessments shall be subject to final confirmation by the council, whose determination of the benefits shall be conclusive upon the political subdivision levying the assessment. Notwithstanding the provisions of section 272.01, subdivision 2, or 273.19, real or personal property leased by the commission to another person for uses related to the purposes of sections 473.551 to 473.599, including the operation of the metrodome, baseball park, met center, and, if acquired by the commission, the basketball and hockey arena shall be exempt from taxation regardless of the length of the lease. The provisions of this subdivision, insofar as they require exemption or special treatment, shall not apply to any real property comprising the met center which is leased by the commission for residential, business, or commercial development or other purposes different from those contemplated in sections 473.551 to 473.599.

(b) The exemption from ad valorem taxation does not apply to restaurants, lodging, or other facilities primarily engaged in making retail sales to the public without regard to whether there is an event at the sports facility.

Sec. 12. Minnesota Statutes 1996, 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, baseball park, met center, basketball and hockey arena and sports facilities constructed, remodeled, or acquired under the provisions of sections 473.551 to 473.599.

Sec. 13. Minnesota Statutes 1996, section 473.556, is amended by adding a subdivision to read:

Subd. 18. [PRIVATE CONTRIBUTIONS.] Notwithstanding the requirements of subdivision 9, the commission may accept grants, gifts, or loans to further its public purposes with respect to the baseball park. The contributions may be used by the commission for any purpose related to the baseball park under sections 473.5991 to 473.5995, including, but not limited to, payment of revenue bonds or revenue anticipation certificates issued under section 473.5993, or reducing or eliminating any ownership, operations, or other obligations or liabilities of the commission under sections 473.5991 to 473.5995.

Sec. 14. Minnesota Statutes 1996, section 473.556, is amended by adding a subdivision to read:

Subd. 19. [BASEBALL PARK REVENUE.] The commission may spend baseball park revenue for the purposes of section 473.5993 to pay any reasonable expenses necessary to acquire, construct, administer, operate, improve, or maintain the baseball park or to pay debt service on bonds or other obligations sold for purposes of the baseball park in accordance with sections 473.551 to 473.5995. Baseball park revenue must be segregated from other revenue of the commission.

Sec. 15. Minnesota Statutes 1996, section 473.556, is amended by adding a subdivision to read:

Sec. 16. [473.5991] [BASEBALL PARK.]

Subdivision 1. [ESSENTIAL CHARACTERISTICS.] The baseball park must be designed for playing major league baseball and no other major league spectator sport that uses a surface or seating configuration different from major league baseball. The baseball park shall be designed to have a retractable roof, but no roof shall be constructed unless funding becomes available. The baseball park may include parking or other transit facilities for patrons, performers, and employees and may include other amenities to enhance or make the use of the baseball park enjoyable, convenient, and predictably accessible to all.

Subd. 2. [DESIGN.] The commission shall determine the program elements of the baseball park, in consultation with the baseball team, including, but not limited to, capacity, suites, club seats, clubs, and amenities. The commission shall also determine the baseball park design, and the selection of the project construction team, including the architect and general contractor. The baseball park design must be comparable in quality to other recently built major league professional baseball parks.

Subd. 3. [SITE.] The commission shall design a process to select a site within the metropolitan area and request site proposals from any municipality. The process to select a site must include a procedure to set minimum specifications for the site, including the necessary or desirable appropriate economic development possibilities on adjacent properties. The process must consider the capture and use of incremental revenue paid to or enjoyed by public entities, as a result of or in anticipation of the baseball park, as revenue sources for funding the baseball park.

Subd. 4. [RELATED INFRASTRUCTURE.] The commission shall negotiate with the appropriate government entities, including the city, the county, and the council for necessary or appropriate infrastructure improvements to support the existence and operation of the baseball park, the movement of patrons to and from the baseball park, and their comfort, safety, and convenience while in and around the baseball park.

Subd. 5. [CONSTRUCTION METHODS.] The commission may contract for construction materials, supplies, and equipment in accordance with section 471.345, may construct the baseball park by a design-build method, and may employ persons, firms, or corporations to perform one or more or all of the functions of architect, engineer, construction manager, or contractor for both design and construction, with respect to all or part of a project to build or remodel sports facilities. Contractors shall be selected through the process of public bidding under section 471.345, except that the commission may narrow the listing of eligible bidders to those the commission determines to possess sufficient expertise to perform the intended functions, and the commission may negotiate with the three lowest responsible bidders to achieve the best and final offer. The commission may require a construction manager to certify a construction price and completion date to the commission. The commission may require the posting of a bond in an amount determined by the commission to cover any costs that may be incurred over and above the certified price, including, but not limited to, costs incurred by the commission or loss of revenues resulting from incomplete construction on the completion date and any other obligations the commission may require the construction manager to bear. The commission shall secure surety bonds as required 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 commission under sections 514.01 to 514.16.

Subd. 6. [CONSTRUCTION MATERIALS; SALES TAX EXEMPTION.] Purchases of materials and supplies used or consumed in constructing or incorporated into the construction of the baseball park are exempt from the taxes imposed under chapter 297A and from any sales and use tax imposed by a local unit of government notwithstanding any ordinance or charter provision. This exemption applies regardless of whether the materials and supplies are purchased by the commission, the owner or subsequent owners, or by a contractor or subcontractor.

Sec. 17. [473.5992] [DETERMINATIONS BEFORE BONDS SOLD.]

Subd. 2. [30-YEAR USE AGREEMENT.] (a) The commission must have executed agreements with the owner and the baseball team to use the baseball park for all scheduled regular season and all postseason division, league, and world series championship play-off home games for no less than 30 years, without an escape clause for the owner.

(b) The agreements shall afford to the commission, or to another public entity as the commission deems appropriate, the rights and remedies that are deemed necessary and appropriate to provide reasonable assurances that the baseball team and the owner will comply with the agreements throughout the 30-year term. The remedies must include liquidated damages in an amount equal to the costs of site preparation, construction, and interest, payable by the baseball team and the owner jointly and severally to the commission in the event the team relocates to another ball park within the 30-year period, less 1/30 of the amount, and all remaining interest payments, for each year the team has met its obligation to play in the baseball park. The remedies shall include specific performance and injunctive relief and any other equitable remedies, and any additional remedies or ownership, voting, or other security arrangements the commission reasonably determines to be effective in ensuring the baseball team will play the required games in the baseball park throughout the 30-year term. In the enforcement of the agreements, the commission may elect from among the rights and remedies provided for in this paragraph, and that election does not extinguish the commission's other rights and remedies except as may otherwise be provided by law. It is the intent of the legislature that a material breach of an agreement between the commission and other public bodies and professional athletic teams that commit to the long-term playing of major league games at public facilities is deemed to cause irreparable harm for which no adequate remedy at law is available and that the grant of equitable relief to remedy the breach is in the public interest and shall be liberally so construed.

(c) The agreements must confer exclusive jurisdiction for judicial enforcement of the agreements on Minnesota state courts and provide that disputes arising under the agreement be governed by Minnesota law.

Subd. 3. [NONPROFIT, COMMUNITY OWNERSHIP.] (a) The owner must have transferred ownership of the baseball team to a nonprofit corporation through transfer by gift of all ownership interests, voting and nonvoting. The transfer agreement must provide that the owner guarantee the debt of the baseball team, determined as of the date of the transfer of ownership of the team to the nonprofit corporation. The transfer agreement must provide that if the proceeds of the sale of the baseball team to a subsequent owner are not sufficient to pay the debt amount, the owner must pay for it. The transfer agreement must provide that any amount received by the nonprofit corporation on the subsequent transfer of the baseball team will be distributed in the following order of priority:

(1) an amount equal to the debt of the baseball team, as previously determined, must be paid to the holder of the debt;

(2) an amount equal to the costs incurred by the nonprofit corporation related to the baseball team must be retained by the nonprofit corporation;

(3) an amount equal to one-half the costs incurred by the city under subdivision 9, and one-half the costs incurred by the city to construct a parking facility for the baseball park if provided by the city, must be paid to the city; and

(4) the remainder must be paid first to the commission to defease the bonds issued under section 473.5993, subdivision 8, and then to the council to pay or defease the bonds issued under section 473.5993, subdivision 1.

The transfer agreement must provide that between the time of the transfer by gift to the nonprofit corporation and the subsequent transfer of ownership of the baseball team by the nonprofit corporation, the owner is responsible for the operation and management of the baseball team and for all operating costs, including any losses.

(b) The commission must have executed an agreement with the nonprofit corporation that provides for the following:

(1) Within five years after the transfer of the baseball team to the nonprofit corporation, the nonprofit corporation must offer for sale to individuals full voting shares in the baseball team according to a plan approved by the commission. The plan must provide for purchase of shares by small investors, with the provision that no individual or entity, other than the managing owner, may own more than one percent of the shares with full voting rights. The managing owner may own up to 25 percent of the shares with full voting rights.

(3) The articles of incorporation, or other organizing charter or agreement, bylaws, and other governing documents of the baseball team must provide that the baseball team may not move outside of the state without approval of 80 percent of the shares held by persons other than the managing owner. Notwithstanding any law to the contrary, the 80 percent approval requirement may not be amended by the shareholders or by any other means.

Subd. 4. [COMMISSION APPROVAL OF NONPROFIT CORPORATION.] The commission must have approved the selection of the nonprofit corporation with which the owner has an agreement under subdivision 3. The commission must have determined, at a minimum, that there is no conflict of interest between the owner and the board of the nonprofit corporation, and that the nonprofit corporation's mission is broad and provides assistance statewide.

Subd. 5. [OWNER'S ABILITY TO COMPLY.] The baseball team and the owner must have provided information sufficient to satisfy the commission of the baseball team's and the owner's ability to comply with the terms of the 30-year agreements.

Subd. 6. [PRIVATE SECTOR SUPPORT.] The businesses and individuals must have entered into enforceable contracts to purchase or lease:

(1) at least 80 percent of the private suites provided for in the proposal for the baseball park for at least ten years;

(2) at least 80 percent of the club seats provided for in the proposal for the baseball park for at least ten years;

(3) season tickets, above the 1997 season ticket base, as follows: 2,000 additional season tickets to be purchased in each of the 1998, 1999, 2000, and 2001 baseball seasons, and an additional 5,000 season tickets in 2002, for a total amount of 20,000 season tickets to be purchased for the opening season and for each of the succeeding nine years; and

(4) personal seat licenses sufficient to raise $500,000 per year for at least ten years.

Subd. 7. [PRIVATE SECTOR CAPITAL PLAN.] The commission must have developed a private sector capital plan that includes the sale or lease of some or all promotional rights in the baseball park.

Subd. 8. [MAJOR LEAGUE BASEBALL CONTRIBUTION.] The commission and the owner must have entered into an agreement that provides that the owner will use its best efforts to obtain construction money for the baseball park from major league baseball.

Subd. 9. [LOCAL GOVERNMENT CONTRIBUTION.] The commission must have executed an agreement with the city, county, or both, under which the city, county, or both will: (1) provide to the commission title to all real property, including all easements and other appurtenances needed for the construction and operation of the baseball park; and (2) prepare the site for construction and operation of the baseball park, including clearing the property of all improvements on it which would interfere with the construction and operation of the baseball park.

Subd. 10. [GUARANTEED MAXIMUM PRICE.] The commission must have executed agreements that provide for the construction of the baseball park for a guaranteed maximum price and a specified substantial completion date of opening day or April 1, 2002, whichever is earlier, and that requires performance bonds in an amount at least equal to 100 percent of the guaranteed maximum price to cover any costs incurred over and above the guaranteed maximum price, including, but not limited to, costs incurred by the commission and loss of revenues resulting from incomplete construction on the substantial completion date.

Subd. 11. [NO STRIKES OR LOCKOUTS.] The commission must have executed agreements with appropriate labor organizations and construction contractors that provide that no labor strikes or management lockouts will delay construction.

Subd. 13. [REVENUES TO BE SUFFICIENT.] The commission must have determined that the anticipated baseball park revenue will be sufficient to pay when due all debt service on the revenue bonds issued under section 473.5993, loans, and all administrative expenses of the commission and the council relating to the baseball park. The commission must have determined that the anticipated revenue to the baseball team will be sufficient to pay all operating and maintenance expenses of the baseball team and baseball park.

Subd. 14. [LEAGUE, MAJOR LEAGUE BASEBALL GUARANTEE.] The commission must have entered into an agreement with the major league of which the baseball team is a member and with major league baseball that provides as follows:

(1) the consideration for the agreement is, among other things, the commission making available a publicly financed facility in which major league professional baseball games are anticipated to receive increased broadcasting, advertising, and other revenues for major league professional baseball;

(2) the major league of which the baseball team is a member and major league baseball agree to guarantee the continuance of a franchise in the metropolitan area for a 30-year period beginning with the first home game played in the baseball park;

(3) the commission is entitled to specific performance of the agreement, and both the major league of which the baseball team is a member and major league baseball agree not to contest the availability of specific performance; and

(4) jurisdiction and enforcement of the agreement is exclusively in Minnesota state court.

Subd. 15. [AFFORDABLE TICKETS.] The commission must have obtained a guarantee from the owner that at least ten percent of the tickets in the baseball park available for major league professional baseball games will be available at prices that do not exceed 25 percent of the highest priced seats in the baseball park or a maximum of $5 per ticket, whichever is lower. Premium seating, such as seats requiring personal seat licenses, luxury boxes, and similar seating, must be excluded in determining the highest priced seats in the baseball park. The maximum price of affordable tickets may be adjusted periodically for inflation. Not less than 20 percent of the tickets subject to the guarantee under this subdivision must be made available for sale only on the day of the game. This subdivision does not apply to a postseason division, league, or world series championship game.

Subd. 16. [AGREEMENT WITH COUNCIL.] The commission must have executed an agreement with the council providing for the timely transfer of funds for payment of debt service and any other obligations arising out of the issuance of bonds under section 473.5593.

Subd. 17. [MAJOR LEAGUE BASEBALL APPROVAL.] Major league baseball must have approved the proposed ownership structure and transfers required by this section.

Subd. 18. [ASSIGNMENT OF AGREEMENTS WITH CURRENT OWNER.] The agreements entered into by the owner under subdivisions 2, 5, 15, and 19, must have provided that the owner's obligations and liabilities be assigned to and assumed by the nonprofit corporation and any subsequent owner.

Subd. 19. [YOUTH BASEBALL.] The commission must have negotiated a plan with the owner that expands opportunities for children and youth to participate in baseball at the baseball park and in their local communities.

Subd. 20. [OTHER CONTRIBUTIONS.] The commission has received at least $1,000,000 in contributions for which the contributors will be recognized in a visible place in the baseball stadium. The recognition may be in the form of the contributor's name on a brick in the baseball stadium structure. The contributions must be deposited in the state treasury and credited to the baseball park account.

Sec. 18. [473.5993] [DEBT OBLIGATIONS FOR BASEBALL PARK.]

Subdivision 1. [PURPOSES.] The council may by resolution authorize the sale and issuance of its revenue bonds for the following purposes after making the determinations in section 473.5992, subdivision 1:

(2) to reimburse the commission and the council for their costs in complying with and making the determinations required by section 473.5992, whenever incurred;

(3) to pay issuance costs, interest costs during construction, and costs of bond insurance or other credit enhancement for the bonds and to establish necessary reserves for operating and debt service costs;

(4) to refund bonds issued under this section; and

(5) to fund judgments entered by any court against the council or commission in matters relating to the council's or commission's functions related to the baseball park.

Subd. 2. [AMOUNT.] The principal amount of the bonds issued for the purpose specified in subdivision 1, clause (1), exclusive of any original issue discount, must not exceed $185,000,000.

Subd. 3. [TAXABILITY.] The bonds may be issued as tax-exempt revenue bonds or as taxable revenue bonds in the proportions that the council may determine.

Subd. 4. [PROCEDURE.] The bonds shall be sold, issued, and secured in the manner provided in chapter 475 for bonds payable solely from revenues and the council has 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. An election is not required.

Subd. 5. [NOT A GENERAL OR MORAL OBLIGATION.] The bonds are special obligations of the council secured by and payable solely from baseball park revenues. The bonds are not a general or moral obligation of the council, the commission, any other political subdivision of the state, or the state, and must 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.

Subd. 6. [BROKERAGE FIRM AGREEMENT.] Before issuing debt under this section, the council must enter into an agreement with the brokerage firm to be used in connection with the sale and issuance of the bonds or revenue anticipation certificates under this section, guaranteeing that fees and charges payable to the brokerage firm under the agreement, including any underwriting discounts, do not exceed fees and charges customarily payable in connection with the sale and issuance of bonds or revenue anticipation certificates.

Subd. 7. [SECURITY.] (a) Bonds issued under this section may be secured by a bond resolution, or by a trust indenture entered into by the council with a corporate trustee within or outside the state. In the resolution or the trust indenture, the council must establish covenants for the payment and security of the bonds and pledge the baseball park revenues to be received by it from the state or the commission, other than amounts paid to it for administrative costs, for this purpose. In particular, but without limitation, the council may covenant and agree to enforce, or authorize the bondholders or their trustee to enforce, all agreements entered into by the council with this state or the commission relating to the payment of baseball park revenues and other money, if any, to the council for the payment and security of the bonds.

(b) The pledge of baseball park revenues for the payment and security of the council's revenue bonds is a valid charge on the baseball park revenues from the date when bonds are first issued or secured under the resolution or indenture and secure the payment of principal and interest and redemption premiums when due and the maintenance at all times of a reserve securing the payments. No mortgage of or security interest in any tangible real or personal property is granted to the bondholders or the trustee, but they have a valid, binding, and enforceable first lien and security interest in all baseball park revenues pledged to the payment of the bonds by the council, as against the claims of all other persons in tort, contract, or otherwise, irrespective of whether the parties have notice of the claims, and without possession or filing as provided in the Uniform Commercial Code or any other law.

revenues and money of the commission not pledged for another purpose. The bonds are not general or moral obligations of the commission, any other political subdivision of the state, or the state, and must not be included in the net debt of any city, county, or other subdivision of the state for the purpose of any debt limitation. The bonds may be issued as tax-exempt revenue bonds or as taxable revenue bonds in the proportions that the commission may determine. The bonds shall be sold, issued, and secured in the manner provided in chapter 475 for bonds payable solely from revenues and the commission has 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 commission. An election is not required.

Subd. 9. [REVENUE ANTICIPATION CERTIFICATES.] In any year, upon final adoption by the commission of an annual budget of the commission including the baseball park revenues, and in anticipation of the receipt of baseball park revenues and other receipts of the commission, the commission may authorize the issuance and sale, in the form and manner and upon the terms it may determine, of revenue anticipation certificates. The terms and provisions of the certificates and the security for their payment shall be consistent with and not violate the terms of any agreement entered into by the commission pursuant to subdivision 12 and any bond resolution or indenture adopted or entered into by the council under subdivision 7. The certificates must mature not later than three months after the close of the budget year. So much of the anticipated baseball park revenues and other money as may be needed for the payment of the certificates and interest thereon shall be paid into a special debt service fund established for the certificates in the commission's financial records. The proceeds of the certificates may be used for any purpose for which the anticipated revenues may be used or for any purpose for which bond proceeds under subdivision 8 may be used.

Subd. 10. [APPROPRIATION; AGREEMENTS AMONG PARTIES.] In addition to the appropriation of money in the baseball park account contained in section 473I.02, there is appropriated to the commissioner of finance for payment to the commission for the payment and security of bonds issued by the council under subdivision 1, the amount of money on hand in the special revenue fund established in section 16A.67, subdivision 3, other than health care cost reimbursements described in section 246.18, subdivision 7, that is necessary to pay the principal of and interest on the council's bonds issued under subdivision 1 when due and to maintain any debt service reserve established for payment of the bonds at its required balance. This pledge is subordinate to the pledge and appropriation of the revenues in the special revenue fund from the payment and security of the state's outstanding revenue bonds series 1996A and any other similar bonds issued under section 16A.67, and the commissioner of finance shall transfer money from the special revenue fund to the baseball park account and the commission only after transfers sufficient to pay debt service on the outstanding bonds under section 16A.67 payable from the revenues have been made. This appropriation shall be used only in the event other baseball park revenues available for the purposes specified above are inadequate for those purposes. Money paid to the commission under this subdivision shall be repaid to the state with interest at a rate determined by the commissioner of finance to be comparable to the rate earned by the state on invested treasurer's cash and deposited in the special revenue fund from baseball park revenues received by the commission in excess of the requirements of the commission under sections 473.5991 to 473.5995.

Subd. 11. [AGREEMENT BY COMMISSIONER OF FINANCE.] (a) The commissioner of finance, on behalf of the state, shall enter into an agreement with the council and the commission obligating the state to pay to the commission the money appropriated by subdivision 10 and section 473I.02, at the times and in the amounts determined by the commission to be necessary or desirable to enable the council and the commission to carry out their powers and duties under sections 473.5991 to 473.5995. In the agreement, the commissioner shall also covenant and agree on behalf of the state that, so long as any bonds or other obligations issued by the council or the commission under this section are outstanding and not discharged in accordance with the resolutions authorizing their issuance:

(1) the state will maintain the special revenue fund established by section 16A.67, subdivision 3, and the baseball park account established in section 473I.02;

(2) the state will not reduce or repeal the appropriations made in subdivision 10 and section 473I.02;

(4) the state will provide information necessary to enable the council and the commission to comply with federal securities laws, rules, and regulations applicable to bonds issued under subdivision 8. The agreement may also contain such other covenants and agreements as the commissioner shall deem necessary which are not inconsistent with any other existing law, but such covenants may not include a covenant to continue to operate the state lottery.

(b) The agreement shall be enforceable against the state in the district court for Ramsey county. The state waives immunity from suit in connection with the agreement and confers jurisdiction on the district court to determine the matter in the manner provided for civil actions in the district court. Section 3.751, subdivisions 3 and 4, apply.

Subd. 12. [AGREEMENT BETWEEN COUNCIL AND COMMISSION.] Prior to the issuance of bonds pursuant to subdivision 1, the council and the commission must enter into an agreement relating to the following matters:

(1) identifying all types of baseball park revenues, establishing priorities for their use, identifying baseball park revenues to be paid to the council and pledged by it for the payment and security of its bonds, and establishing the dates on and amounts in which baseball park revenues will be paid to the council to pay debt service on the council's bonds and to maintain a debt service reserve and to pay the council's administrative expenses incurred pursuant to sections 473.5991 to 473.5995 which are not paid from council revenue bond proceeds;

(2) identifying baseball park revenues to be retained by the commission and used to secure and pay debt service on bonds issued by the commission pursuant to subdivision 8, which may include baseball park revenue derived from signage, concessions, naming rights, and advertising;

(3) establishing the terms and conditions on which the commission may issue revenue anticipation certificates pursuant to subdivision 9 and use baseball park revenues of the types pledged for payment and security of the council's bonds to pay principal and interest on the certificates;

(4) establishing the obligations of the parties with respect to compliance with state and federal securities laws applicable to their bonds;

(5) establishing the obligations of the commission with respect to the administration and enforcement of any agreements entered into by the commission with the state, any local governmental unit, or any other person or entity relating to the baseball park or baseball park revenues; and

(6) any other matters relating to their powers and duties under this act that the parties deem appropriate.

Subd. 13. [VALIDITY OF DEBT ISSUED.] The validity of any bonds issued under this section and the obligations of the council related to them must not be conditioned upon or impaired by the council's determinations made under section 473.5992. For the purposes of issuing bonds, the determinations made by the council are conclusive, and the council is obligated for the security and payment of the bonds, but only from the sources pledged thereto, irrespective of determinations that may be erroneous, inaccurate, or otherwise mistaken.

Sec. 19. [473.5994] [OPERATIONS.]

Subdivision 1. [DEFINITION.] For the purposes of this section, "owner" includes the nonprofit corporation or any subsequent owner.

Subd. 2. [BASEBALL TEAM TO OPERATE BASEBALL PARK.] (a) The commission must enter into agreements with the owner and the baseball team that provide for operation and maintenance of the baseball park at the expense of the owner and the baseball team.

(b) The agreements may provide that:

(2) the baseball team shall contract with one or more concessionaires to provide food and beverages for the baseball park subject to the approval of the commission. All contracts for food and beverage services must be advertised and competitively bid and negotiated in order to maximize revenues from those contracts.

(c) The agreements must provide criteria for maintenance and operation of the baseball park and remedies as referred to in section 473.5992, subdivision 2, paragraphs (b) and (c), that may be exercised by the commission to ensure that the criteria are met. The agreements must also require that the owner with respect to the baseball team, the baseball team, and its affiliates and subsidiaries that are involved in the maintenance and operation provide annually audited financial statements to the commission.

(d) The agreements must provide for the allocation of game day and nongame day revenues and expenses and provide for the scheduling of nonbaseball events at the baseball park.

Subd. 3. [COMMISSION PARTICIPATION IN BASEBALL TEAM CONTRACTS.] The commission must have an agreement that provides that the commission may participate in the negotiations of any contracts or agreements pertinent to the operation and maintenance of the baseball park between the baseball team and any other third party.

Subd. 4. [BASEBALL TEAM OPERATING EXPENSES; LOSS.] The owner shall assume all risk for and timely pay all operating expenses of the baseball team and the baseball park as provided in sections 473.5991 to 473.5995 and in agreements authorized by sections 473.5991 to 473.5995. The baseball team shall be organized so that under Minnesota law, the commission is not liable for any operating loss, liability, or obligation of the baseball team, or baseball park. The commission shall have no duty to reimburse the owner or any creditor of the owner, the baseball team, or the baseball park for any operating loss, liability, or obligation of the baseball team or baseball park, and shall be indemnified by the owner against losses or claims.

Sec. 20. [473.5995] [BASEBALL PARK JOBS PROGRAM.]

The commission must implement a jobs program that meets or exceeds the reasonable goals established by the commission for the participation of minority, women, and disadvantaged employees and small business in the construction of the baseball park. The owner must establish a jobs program that meets or exceeds the reasonable goals established by the commission for the participation of minority, women, and disadvantaged employees and small business in the operation and maintenance of the baseball park.

Sec. 21. [INTERSTATE COMPETITION.]

The commission may cooperate and contract with other political entities in the United States to petition or form an entity to petition the United States Congress to enact legislation to prevent injurious or uneconomic practices of governmental entities in seeking sports, exposition, and entertainment franchises and facilities. The attorney general may participate in appropriate litigation to prevent the injurious or uneconomic practices.

Sec. 22. [CURRENT USE AGREEMENT; BEST EFFORTS.]

The commission and the baseball team must renegotiate the use agreement in effect at the metrodome as of the date of enactment on terms and conditions mutually agreeable. The agreement must provide that the owner and the baseball team will use their best efforts to field a competitive team during its remaining baseball seasons at the metrodome.

Sec. 23. [INSTRUCTION TO REVISOR.]

In the next edition of Minnesota Statutes, the revisor of statutes shall change references to sections 473.551 to 473.599 to read 473.551 to 473.5995.

Sec. 24. [REPEALER.]

Sec. 25. [APPLICATION.]

This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 26. [EFFECTIVE DATE; CONTINGENT EXPIRATION.]

This article is effective the day following final enactment. If bonds have not been issued as authorized in Minnesota Statutes, section 473.5993, by December 31, 1999, this article expires on January 1, 2000.

Section 1. Minnesota Statutes 1996, section 349A.10, is amended by adding a subdivision to read:

Subd. 5a. [SPECIAL LOTTERY GAMES.] (a) The lottery shall conduct two instant lottery games each year with sports themes.

(b) The net revenues from the games conducted under this subdivision, after deduction of the net revenue to be paid to the Minnesota environment and natural resources trust fund, are appropriated to the baseball park account.

(c) This appropriation is subordinate to the pledge and appropriation of the revenues in the special revenue fund for the payment and security of the state's outstanding revenue bonds series 1996A and any other similar bonds issued under section 16A.67, and the commissioner of finance shall transfer money from the special revenue fund to the baseball park account only after transfers sufficient to pay debt service on the outstanding bonds payable from the revenues have been made.

Sec. 2. [473I.01] [DEFINITIONS.]

Subdivision 1. [APPLICATION.] The definitions in this section and sections 473.121 and 473.551 apply to this chapter.

Subd. 2. [BASEBALL PARK.] "Baseball park" means the baseball park described in section 473.5991.

Sec. 3. [473I.02] [BASEBALL PARK ACCOUNT.]

The baseball park account is established in the special revenue fund in the state treasury. All money credited to the baseball park account is appropriated to the commissioner of finance for payment to the commission for purposes of the baseball park. The commission shall use all receipts from the baseball park account to acquire, construct, improve, administer, operate, and maintain the baseball park and to pay debt service on bonds or other obligations sold for purposes of the baseball park.

Sec. 4. [473I.03] [BASEBALL PARK DISTRICT; TAXES AND FEES.]

Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature finds that the construction of the baseball park is a public improvement that has regional and statewide economic benefits. In addition, the baseball park will specifically benefit retail and service businesses within the surrounding area. The legislature finds that the designation by the commission, in consultation with the city, of the area surrounding the baseball park as a baseball park district and the imposition of taxes or fees within the district will more equitably apportion the burdens of funding the baseball park among those benefiting from the baseball park.

specifically finds by resolution receives special economic benefits from the baseball park. If the baseball park site is in the city of Minneapolis, the baseball park district may not include any of the area of the downtown taxing district under Laws 1986, chapters 396 and 400, as amended, but must include the baseball park site. The resolution must provide for dedication of the taxes or fees, after payment of collection and administrative expenses and refunds, to payment of principal and interest on bonds issued under section 473.5993 and for the transfer of the taxes collected to the commission for those purposes.

Sec. 5. [473I.04] [ADMISSION TAX; TICKET SURCHARGE.]

The commission may by resolution impose and maintain a tax upon the sales or use, within the metropolitan area, of the granting by any private or public person, association, or corporation, of the privilege of admission to activities at the baseball park. The commission may impose this tax as a percentage of the sales prices or as a fixed dollar ticket surcharge per admission or both. No other tax, surcharge, or governmental imposition, except the taxes imposed by chapter 297A or under section 473I.05, may be levied by any other unit of government upon that sale or distribution. A tax or surcharge under this section is included in the sale price for purposes of the tax under chapter 297A. If the commission imposes a ticket surcharge, it must be at least $1 per ticket for the seats affected. The commission and the baseball team may by mutual agreement exempt sections of the baseball park from the tax based on the sales price, the ticket surcharge, or both. The tax must be stated and charged separately from the sales price so far as practicable. The resolution of the commission may require the tax to be collected by the grantor, issuer, seller, or distributor from the person admitted. The tax is a debt from that person to the grantor, issuer, seller, or distributor, and the tax required to be collected is a debt owed by the grantor, issuer, seller, or distributor to the commission. The debt is recoverable at law in the same manner as other debts. Every person who grants, issues, sells, or distributes tickets for the admissions may be required, as provided in resolutions of the commission to secure a permit, to file returns, to deposit security for the payment of the tax, and to pay penalties for nonpayment and interest on late payments, that are considered necessary or expedient to ensure the prompt and uniform collection of the tax. Receipts from the admission tax must be deposited in the state treasury and credited to the baseball park account in the special revenue fund.

Sec. 6. [473I.05] [SPORTS FACILITIES SALES TAX.]

Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision and chapter 297A apply to this section.

(b) "Sports facilities sale" means any transaction, including a transfer of tangible personal property, granting of the privilege of admission, or provision of other taxable services, that:

(1) occurs on the premises of the baseball park or the metrodome as defined in section 473.551, subdivision 9;

(2) that would be taxable under chapter 297A but for the exemption under section 297A.25, subdivision 73; and

(3) are made at or in connection with a major league baseball game or a national football league game.

Subd. 2. [TAX IMPOSED.] (a) The commission may by resolution impose a tax on sports facilities sales at the rate of 3.5 percent.

(b) The tax imposed under this section is in lieu of all other state and local taxes imposed on sports facilities sales, except taxes under section 473I.03 and chapter 297A.

Subd. 3. [COLLECTION.] The tax imposed by this section must be collected in the manner provided for taxes imposed under chapter 297A and in accordance with an agreement between the commission and the commissioner of revenue.

Sec. 7. [473I.06] [PARKING TAX.]

Subdivision 1. [TAX IMPOSED.] The commission may by resolution impose a parking tax of not less than $1 per vehicle per event at the baseball park. A tax imposed under this section is included in the sale price for purposes of the tax under chapter 297A. The commission shall consult with the city about the definition of event parking and the rate of the tax before imposing or adjusting the tax.

Subd. 2. [AREA OF APPLICATION.] The tax applies to parking in the area providing event parking, as mutually agreed by the city and the commission, except for parking at a parking meter.

Subd. 3. [COLLECTION.] The tax imposed under this section must be reported and paid to the commissioner of revenue with the taxes imposed in chapter 297A and in accordance with an agreement between the commission and the commissioner of revenue. It is subject to the same interest, penalty, and other provisions provided for sales and use taxes under chapters 289A and 297A. The commissioner has the same powers to assess and collect the tax that are given the commissioner in chapters 270, 289A, and 297A to assess and collect sales and use tax.

Subd. 4. [DISPOSITION OF PROCEEDS.] All revenues, including interest and penalties, derived from the tax must be deposited in the state treasury. An amount that equals the direct department costs necessary to administer, audit, and collect this tax must be credited to the general fund. The balance must be credited to the baseball park account in the special revenue fund.

Sec. 8. [473I.07] [BASEBALL PARK INCOME SURTAX.]

Subdivision 1. [TAX IMPOSED.] The commission may by resolution impose a tax on the taxable baseball park income of a qualified employee of a sports organization that uses the baseball park or the metrodome, as defined in section 473.551, subdivision 9. The tax equals four percent of taxable baseball park income for the taxable year.

Subd. 2. [DEFINITIONS.] (a) The definitions in this subdivision and chapter 290 apply to this section.

(b) "Taxable baseball park income" means wages, salaries, or other compensation derived from the performance of personal services for a sports organization in the metropolitan area. For both residents and nonresidents, the amount attributable to performance of personal services for a sports organization is determined by first subtracting $150,000 from total compensation for the performance of personal services and then applying the allocation rules under section 290.17, subdivision 2, paragraph (a), clauses (1) and (2), except the services performed and the days or performances in the metropolitan area are to be used instead of services, days, or performances in Minnesota. The amount may not be less than zero.

(c) A "qualified employee" means an employee who derives wages, salaries, or other compensation of at least $150,000 for the performance of personal services from a sports organization for the taxable year.

(d) A "sports organization" means any organization that operates a major league baseball franchise. A sports organization includes a visiting team regardless of whether it has a direct agreement with the owner or operator of the baseball park.

Subd. 3. [COLLECTION.] The tax imposed by this section must be collected in the manner provided for individual income taxes imposed under chapter 290 and in accordance with an agreement between the commission and the commissioner of revenue.

Sec. 9. [473I.08] [ADDITIONAL BASEBALL REVENUES.]

After the outstanding debt on the metrodome has been defeased under article 3, section 5, the following amounts must be deposited in the state treasury and credited to the baseball park account in the special revenue fund:

(1) the admissions tax under section 473.595, subdivision 1, on major league baseball games; and

(2) rent paid for use of the metrodome by a major league baseball franchise.

Sec. 10. [APPLICATION.]

Sections 1 and 2 to 9 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

Sec. 11. [EFFECTIVE DATE.]

This article is effective the day following final enactment. If bonds have not been issued as authorized in this act by December 31, 1999, this article expires on January 1, 2000. If the article expires under this authority, any unexpected appropriations of the baseball park account revenues cancel and the amounts revert to the state general fund.

Section 1. Minnesota Statutes 1996, section 473.553, subdivision 2, is amended to read:

Subd. 2. [MEMBERSHIP.] The commission shall consist of six voting members, four nonvoting members, plus a chair appointed as provided in subdivision 3. Three voting members shall be appointed by the Minneapolis city council and three voting members shall be appointed by the city council of the city in which the stadium baseball park is located plus a chair appointed as provided in subdivision 3. The four nonvoting members shall be appointed as follows: one state representative shall be appointed by the speaker of the house, one state representative shall be appointed by the house minority caucus leader, and two state senators shall be appointed by the subcommittee on committees of the senate committee on rules and administration, one from the majority caucus and one from the minority caucus.

Sec. 2. Minnesota Statutes 1996, section 473.553, subdivision 3, is amended to read:

Subd. 3. [CHAIR.] The chair shall be appointed by the governor as the ninth seventh voting member and shall meet all of the qualifications of a member, except the chair need only reside outside the city of Minneapolis, and outside the city in which the baseball park is located if it is located outside Minneapolis. 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. 3. Minnesota Statutes 1996, section 473.553, subdivision 4, is amended to read:

Subd. 4. [QUALIFICATIONS.] A member shall not during a term of office hold the office of metropolitan council member or be a member of another metropolitan agency or hold any judicial office or office of state government. None of the members appointed by the Minneapolis city council of or by the city council of the city in which the stadium baseball park is located shall be an elected public official of that city or of another political subdivision any part of whose territory is shared with that city. Each member shall qualify by taking and subscribing the oath of office prescribed by the Minnesota Constitution, article V, section 6. The oath, duly certified by the official administering it, shall be filed with the chair of the metropolitan council.

Sec. 4. Minnesota Statutes 1996, section 473.553, subdivision 5, is amended to read:

successor is appointed and qualified. Members may be removed only for cause. The nonvoting members serve at the pleasure of the respective appointing authorities.

Sec. 5. [SALE OF MET CENTER; DEFEASANCE OF METRODOME BONDS.]

Subdivision 1. [SALE.] The commission shall sell the met center by March 1, 1998. If the commission has not sold the met center by March 1, 1998, the commission shall sell it to the metropolitan council. The council shall pay a price reached by averaging the appraised fair market values provided by three appraisers. One appraiser must be hired by the commission, one by the metropolitan council, and the third by agreement of the commission and the council. The council must pay to the commission the entire purchase price upon closing.

Subd. 2. [BONDS.] The metropolitan council may borrow money or by resolution authorize the issuance of general obligation bonds or notes for the acquisition of the met center. The bonds or notes must be sold, issued, and secured in the manner provided in Minnesota Statutes, chapter 475, and the council has the same powers and duties as a municipality issuing bonds under that chapter, except that no election is required and the net debt limitations in Minnesota Statutes, chapter 475, do not apply to the bonds or notes. The obligations are not a debt of the state or any other municipality or political subdivision within the meaning of any debt limitation or requirement pertaining to those entities. The bonds or notes may be sold at any price and at a public or private sale as determined by the council. The obligations may be secured by taxes levied without limitation of rate or amount upon all taxable property in the metropolitan area.

Subd. 3. [DEFEASANCE OF METRODOME BONDS.] Upon the sale of the met center, the commission shall escrow money or securities sufficient to defease the outstanding debt on the metrodome.

Subd. 4. [USE OF PROPERTY.] The commission shall include in the contract for sale of the met center a provision that prohibits use by the purchaser or any other party of the property for a convention center or similar facility.

Sec. 6. [TRANSITION.]

If the baseball park is located outside the city of Minneapolis, the members appointed by the city council of the city in which the baseball park is located shall be appointed as soon as is practicable. The terms of the three members of the commission whose terms are next to expire after the selection of the location for the baseball park, shall expire upon the appointment and qualification of the three new members appointed by the city council of the city in which the baseball park is located.

Sec. 7. [APPLICATION; EFFECTIVE DATE.]

This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, and is effective the day after final enactment."

Delete the title and insert:

"A bill for an act relating to baseball; providing for a process to construct, fund, maintain, and govern a major league baseball park; providing for community ownership of the baseball team; providing for powers and duties of the metropolitan sports facilities commission; authorizing certain taxes, revenue distributions, bonds and other debt obligations, and allocations; appropriating money; amending Minnesota Statutes 1996, sections 349A.10, by adding a subdivision; 473.551, subdivision 8, and by adding subdivisions; 473.552; 473.553, subdivisions 1, 2, 3, 4, and 5; and 473.556, subdivisions 3, 4, 5, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 473; proposing coding for new law as Minnesota Statutes, chapter 473I; repealing Minnesota Statutes 1996, section 473.561."

A roll call was requested and properly seconded.

Mahon, Milbert, Long, Garcia, Wolf, Wejcman, Knight, Seagren, Abrams, Kelso, Ozment and Anderson, I., moved to amend the Jennings et al amendment to H. F. No. 36 as follows:

Page 32, line 13, after "center" delete "or similar facility"

McCollum and Munger moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Pages 23 to 24, delete section 1

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment to the amendment, as amended, was adopted.

Abrams, Osthoff, Jennings, Long, McElroy, Koppendrayer, Knoblach, Rest, McCollum and Mares moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Page 29, after line 21, insert:

"Sec. 10. [473I.09] [BROADCAST FEES.]

The commission shall impose fees on the use by the broadcast media of the baseball park to broadcast major league baseball games. These fees must not be less than $10,000 per game per broadcast outlet for video broadcasting, including cable television broadcasting, and $5,000 per game per radio outlet for radio or other audio only broadcasting. Revenues from these fees must be deposited in the state treasury and credited to the baseball park account in the special revenue fund."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment to the amendment, as amended, was adopted.

Sviggum moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Delete everything after page 1, line 2, and insert:

"Section 1. [DEFINITIONS.]

The definitions in Minnesota Statutes, section 473.551, apply to the terms used in sections 2 to 7.

Sec. 2. [SALE OF MET CENTER; DEFEASANCE OF METRODOME BONDS.]

Subdivision 1. [SALE.] The metropolitan sports facilities commission shall sell the met center within a reasonable time.

Subd. 2. [SALE TO METROPOLITAN COUNCIL.] If the commission has not sold the met center by December 31, 1997, the commission shall sell it to the metropolitan council. The council shall pay a price reached by averaging the appraised fair market values provided by three appraisers. One appraiser must be hired by the commission, one by the metropolitan council, and the third by agreement of the commission and the council.

Subd. 4. [DEFEASANCE OF METRODOME BONDS.] Upon the sale of the met center, the commission shall escrow money or securities sufficient to defease the outstanding debt on the metrodome.

Sec. 3. [SALE OF METRODOME.]

Subdivision 1. [OFFER TO SELL.] Upon defeasance of the metrodome's bonded debt, the commission shall offer to sell the metrodome for one dollar to the major league professional football team and the major league baseball club that are tenants of the metrodome as coowners in equal shares and operators of the metrodome subject to the conditions in this act.

Subd. 2. [CONTRACTS HONORED.] As a condition of the purchase of the metrodome, the purchasers are the commission's successors and shall honor the commission's contracts with other tenants and with the metrodome's concession and maintenance services that are in effect at the time of the metrodome's sale.

Subd. 3. [RETURN TO PUBLIC OWNERSHIP.] If either the football team or the baseball club vacates the metrodome, its share is transferred to the other. If both the football team and baseball club vacate the metrodome, ownership and operation of the metrodome is transferred to the Minnesota amateur sports commission.

Sec. 4. [OTHER ASSETS AND LIABILITIES.]

Subdivision 1. [DETERMINATION.] If the tenants of the metrodome agree to buy the metrodome under section 3, the commission shall determine its remaining assets and liabilities.

Subd. 2. [PAYMENT OF LIABILITIES.] Except as provided in section 3, the commission shall pay all liabilities of the commission out of the commission's remaining funds. The state is the commission's successor in any proceeding, court action, prosecution, or other business or matter pending on the effective date of section 5, abolishing the commission.

Subd. 3. [DISTRIBUTION OF ASSETS.] After payment of liabilities, the remaining assets of the commission are distributed as follows:

(1) personalty remains with the metrodome unless otherwise negotiated by the commission and the purchasers of the metrodome; and

(2) cash and investments are transferred to the general fund.

Sec. 5. [COMMISSION ABOLISHED.]

Upon the sale of the metrodome, payment of liabilities, and distribution of assets, the metropolitan sports facilities commission is abolished.

Sec. 6. Minnesota Statutes 1996, section 240A.08, is amended to read:

240A.08 [APPROPRIATION.]

commission at the basketball and hockey arena are restricted to participants of one gender, an equal number of activities on comparable days of the week must be conducted for participants of the other gender, but not necessarily in the same year. The legislature reserves the right to repeal or amend this appropriation, and does not intend this appropriation to create public debt.

(b) The amateur sports commission shall not transmit to the operator of the basketball and hockey arena payment of any event-related costs or expenses, including, but not limited to, personnel, labor, services, equipment, utilities, or supplies attributable to the events unless and until the operator has demonstrated, to the satisfaction of the amateur sports commission, the basis for each specific cost or expense and the means by which the costs and expenses were determined.

(c) The amateur sports commission may use any ticket system as may be in place from time to time at the basketball and hockey arena, provided that any royalty or rebate fees or charges or surcharges on tickets received by the operator of the arena from third parties must be credited against event-related costs or expenses.

(d) In the establishment of event-related costs to be imposed upon the amateur sports commission, the operator of the basketball and hockey arena shall provide the amateur sports commission with the maximum discount that the operator has supplied to any other sponsor of a similar amateur sports event in the arena within the 180-day period immediately preceding the date of the amateur sports commission event.

(e) The amateur sports commission must report by August 1 each year to the chairs of the house and senate state government finance divisions on compliance with this section and on the total value of dates and ancillary services, and revenue derived from resale of dates, during the previous state fiscal year.

(f) The attorney general, on behalf of the amateur sports commission, must pursue collection of monetary damages from the operator of the arena if the operator fails to comply with the requirements of this section.

(g) The books, records, documents, accounting procedures, and practices of the metropolitan sports facilities commission, the Minneapolis community development agency, and any corporation with which the Minnesota amateur sports commission may contract for use of the basketball and hockey arena are available for review by the Minnesota amateur sports commission, the legislative auditor, and the chairs of the state government finance divisions of the senate and the house of representatives, subject to chapter 13 and section 473.598, subdivision 4.

(h) Any long-term lease, use, or other agreement entered into by the Minnesota amateur sports commission for use of the arena must also provide for a release of the Minnesota amateur sports commission from its commitment and permit it to agree to a per event use fee when the bonds issued for the metrodome under section 473.581 have been retired.

Sec. 7. [APPROPRIATION.]

An amount equal to the cash and investments transferred to the general fund from the abolished metropolitan sports facilities commission under section 4, subdivision 3, is appropriated to the Minnesota amateur sports commission for the purposes of providing underserved youth opportunities for participating in youth sports in the metropolitan area. This appropriation is available until expended.

Sec. 8. [REPEALER.]

Minnesota Statutes 1996, sections 473.553; 473.556; 473.561; 473.564; 473.565; 473.572; 473.581; 473.592; 473.595; 473.596; 473.598, subdivisions 1, 2, 4, and 5; and 473.599; and Minnesota Statutes 1997 Supplement, section 473.598, subdivision 3, are repealed, effective upon the abolition of the metropolitan sports facilities commission under section 5.

Sec. 9. [EFFECTIVE DATE.]

Delete the title and insert:

"A bill for an act relating to metropolitan sports facilities; requiring the metropolitan sports facilities commission to sell the met center; requiring the commission to escrow funds for retirement of all outstanding debt on the metrodome; transferring ownership and operation of the metrodome from the commission to the major league professional football team and baseball club; abolishing the metropolitan sports facilities commission; transferring other commission assets to the general fund; providing for amateur sports commission funding for youth sports; appropriating money; amending Minnesota Statutes 1996, section 240A.08; repealing Minnesota Statutes 1996, sections 473.553; 473.556; 473.561; 473.564; 473.565; 473.572; 473.581; 473.592; 473.595; 473.596; 473.598, subdivisions 1, 2, 4, and 5; and 473.599; Minnesota Statutes 1997 Supplement, section 473.598, subdivision 3."

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 40 yeas and 91 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Dempsey	Hasskamp	Lindner	Pugh	Tompkins
Bettermann	Erhardt	Kielkucki	Milbert	Reuter	Van Dellen
Bishop	Farrell	Knight	Molnau	Rhodes	Westfall
Boudreau	Finseth	Kraus	Nornes	Seagren	Westrom
Bradley	Gunther	Krinkie	Olson, M.	Sviggum	Workman
Commers	Haas	Kuisle	Osskopp	Swenson, D.
Daggett	Harder	Leppik	Ozment	Swenson, H.

Those who voted in the negative were:

Abrams	Garcia	Kelso	McCollum	Peterson	Tomassoni
Anderson, B.	Goodno	Kinkel	McElroy	Rest	Trimble
Bakk	Greenfield	Knoblach	McGuire	Rifenberg	Tuma
Biernat	Greiling	Koppendrayer	Mulder	Rostberg	Tunheim
Broecker	Hausman	Koskinen	Mullery	Rukavina	Wagenius
Carlson	Hilty	Kubly	Munger	Schumacher	Weaver
Chaudhary	Holsten	Larsen	Murphy	Seifert	Wejcman
Clark	Huntley	Leighton	Ness	Sekhon	Wenzel
Davids	Jaros	Lieder	Opatz	Skare	Winter
Dawkins	Jefferson	Long	Orfield	Skoglund	Wolf
Dehler	Jennings	Luther	Osthoff	Slawik	Spk. Carruthers
Delmont	Johnson, A.	Macklin	Otremba	Smith
Dorn	Johnson, R.	Mahon	Paulsen	Solberg
Entenza	Juhnke	Mares	Pawlenty	Stang
Evans	Kahn	Mariani	Paymar	Sykora
Folliard	Kalis	Marko	Pelowski	Tingelstad

The motion did not prevail and the amendment to the amendment, as amended, was not adopted.

Haas, Krinkie and Knight moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Page 24, line 28, delete "Subdivision 1. [LEGISLATIVE FINDINGS.]"

Page 25, delete lines 3 to 23

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 97 yeas and 34 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Kielkucki	McCollum	Peterson	Tingelstad
Anderson, B.	Entenza	Kinkel	McGuire	Reuter	Tompkins
Anderson, I.	Evans	Knight	Molnau	Rhodes	Trimble
Biernat	Farrell	Kraus	Mulder	Rifenberg	Tuma
Bishop	Finseth	Krinkie	Mullery	Rostberg	Tunheim
Boudreau	Folliard	Kubly	Murphy	Schumacher	Van Dellen
Bradley	Garcia	Kuisle	Nornes	Seagren	Wagenius
Broecker	Greenfield	Larsen	Olson, M.	Seifert	Weaver
Carlson	Greiling	Lieder	Orfield	Skare	Wejcman
Chaudhary	Gunther	Lindner	Osskopp	Skoglund	Westrom
Clark	Haas	Long	Osthoff	Slawik	Winter
Commers	Hasskamp	Luther	Otremba	Smith	Workman
Daggett	Hilty	Macklin	Ozment	Stanek
Davids	Holsten	Mahon	Paulsen	Stang
Dawkins	Johnson, A.	Mares	Pawlenty	Sviggum
Dehler	Johnson, R.	Mariani	Paymar	Swenson, D.
Delmont	Kahn	Marko	Pelowski	Swenson, H.

Those who voted in the negative were:

Bakk	Hausman	Kalis	Leppik	Rest	Wenzel
Bettermann	Huntley	Kelso	McElroy	Rukavina	Westfall
Dorn	Jaros	Knoblach	Milbert	Sekhon	Wolf
Erhardt	Jefferson	Koppendrayer	Munger	Solberg	Spk. Carruthers
Goodno	Jennings	Koskinen	Ness	Sykora
Harder	Juhnke	Leighton	Opatz	Tomassoni

The motion prevailed and the amendment to the amendment, as amended, was adopted.

Westrom moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Delete page 1, line 3, to page 33, line 3, and insert:

"Section 1. [473.5997] [ALTERNATIVE FINANCING.]

(a) The commission may by resolution finance the construction and operation of the baseball facility as provided in this section.

(b) The commission shall sell 20,000 seats to individuals or businesses at an average cost of $7,500 per seat. The owner of the seat shall be entitled to 75 percent of ticket revenues generated by each seat owned. The remaining 25 percent of ticket revenues shall be used for stadium maintenance expenses; provided that revenues not required for this purpose shall be paid to the owner. When the owner of a seat attends a home game, they must pay 25 percent of the face value of the ticket for the use of the seat. Ticket revenues from seat owners shall be used for stadium maintenance expenses. The owner has the obligation to maintain the stadium. The commission shall randomly select seats for sale to be evenly distributed throughout the stadium. The commission may determine how interest in a seat may be transferred and may provide for time sharing. The commission shall work with financing companies to arrange financing options for individual and business seat purchasers.

(d) The commission must enter into an agreement with the owner that provides that the owner will make an investment in the construction of the baseball park by paying the commission not less than $150,000,000 to be paid on a date satisfactory to the commission. The investment shall not be secured by any property or revenues of the commission."

Delete the title and insert:

"A bill for an act relating to baseball; providing for financing for construction and operation of a baseball facility; proposing coding for new law in Minnesota Statutes, chapter 473."

The motion did not prevail and the amendment to the amendment, as amended, was not adopted.

Tingelstad was excused for the remainder of today's session.

Smith and Jennings moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Pages 29 to 32, delete article 3 and insert:

Section 1. Minnesota Statutes 1996, section 473.551, subdivision 3, is amended to read:

Subd. 3. [COMMISSION.] "Commission" means the metropolitan Minnesota sports facilities commission.

Sec. 2. Minnesota Statutes 1996, section 473.553, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] The metropolitan Minnesota sports facilities commission is established and as a public corporation and political subdivision of the state that may exercise its powers in the metropolitan area, as provided by law. The commission shall be organized, structured, and administered as provided in this section.

Sec. 3. Minnesota Statutes 1996, section 473.553, subdivision 2, is amended to read:

Subd. 2. [MEMBERSHIP.] The commission shall consist of six:

(1) eight voting members, appointed by the city council of the city in which the stadium is located plus governor, one from each congressional district;

(2) a chair appointed as provided in subdivision 3.;

(3) one voting member appointed by the mayor of each city with a major league professional sports organization with a long-term use agreement to use a publicly owned, major league professional sports facility located in that city; and

(4) four nonvoting members appointed as provided in subdivision 2a.

Members, including the chair, appointed by the governor, shall be appointed as provided in section 15.0597. The governor's appointments to the commission are subject to the advice and consent of the senate as provided in section 15.066.

Sec. 4. Minnesota Statutes 1996, section 473.553, is amended by adding a subdivision to read:

Sec. 5. Minnesota Statutes 1996, section 473.553, subdivision 3, is amended to read:

Subd. 3. [CHAIR.] The chair shall be appointed by the governor as the ninth a voting member and shall meet all of the qualifications of a member, except the chair need only reside outside the city of Minneapolis. 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. 6. Minnesota Statutes 1996, section 473.553, subdivision 4, is amended to read:

Subd. 4. [QUALIFICATIONS.] A member shall not during a term of office hold the office of metropolitan council member or, be a member of another metropolitan agency or hold any judicial office or office of state or local government. None of the members appointed by the city council of the city in which the stadium is located shall be an elected public official of that city or of another political subdivision any part of whose territory is shared with that city. Each member shall qualify by taking and subscribing the oath of office prescribed by the Minnesota Constitution, article V, section 6. The oath, duly certified by the official administering it, shall be filed with the chair of the metropolitan council secretary of state.

Sec. 7. Minnesota Statutes 1996, section 473.553, subdivision 5, is amended to read:

Subd. 5. [TERMS.] The initial terms of three the members shall end the first Monday in January in the year ending in the numeral "5" from the first, third, fifth, and seventh congressional districts are for two years. The initial terms of the other members appointed by the governor and the chair shall end the first Monday in January in the year ending in the numeral "7" are for four years. Thereafter, the term of each member appointed by the governor and the chair shall be four years. The terms shall continue until a successor is appointed and qualified. Members may be removed only for cause. The other members serve at the pleasure of the respective appointing authorities.

Sec. 8. [SALE OF MET CENTER; DEFEASANCE OF METRODOME BONDS.]

Subdivision 1. [SALE.] The commission shall sell the met center by March 1, 1998 for the full appraised value.

Subd. 2. [DEFEASANCE OF METRODOME BONDS.] Upon the sale of the met center, the commission shall escrow money or securities sufficient to defease the outstanding debt on the metrodome.

Subd. 3. [USE OF PROPERTY.] The commission shall include in the contract for sale of the met center a provision that prohibits use by the purchaser or any other party of the property for a convention center.

Sec. 9. [TRANSITION.]

Members of the metropolitan sports facilities commission shall serve as members of the Minnesota sports facilities commission until members have been appointed and qualified as provided in this article.

Sec. 10. [REVISOR INSTRUCTION.]

The revisor of statutes shall replace "metropolitan sports facilities commission" with "Minnesota sports facilities commission" wherever it appears in the next edition of Minnesota Statutes.

Sec. 11. [REPEALER.]

Minnesota Statutes 1996, section 473.553, subdivision 14, is repealed.

Sec. 12. [APPLICATION; EFFECTIVE DATE.]

This article applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington, and is effective May 1, 1998."

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 105 yeas and 19 nays as follows:

Those who voted in the affirmative were:

Abrams	Evans	Kalis	Mahon	Pelowski	Swenson, D.
Anderson, B.	Farrell	Kelso	Mares	Peterson	Swenson, H.
Anderson, I.	Finseth	Kielkucki	Marko	Pugh	Sykora
Bakk	Folliard	Kinkel	McCollum	Rest	Tompkins
Bettermann	Goodno	Knight	McElroy	Reuter	Trimble
Bishop	Greiling	Knoblach	McGuire	Rhodes	Tuma
Boudreau	Gunther	Koppendrayer	Molnau	Rifenberg	Tunheim
Bradley	Haas	Koskinen	Mulder	Rostberg	Van Dellen
Broecker	Harder	Kraus	Murphy	Seagren	Weaver
Carlson	Hasskamp	Krinkie	Ness	Seifert	Wenzel
Commers	Hausman	Kubly	Nornes	Sekhon	Westfall
Daggett	Hilty	Kuisle	Olson, M.	Skare	Westrom
Davids	Holsten	Larsen	Opatz	Slawik	Winter
Dehler	Jefferson	Leppik	Osskopp	Smith	Wolf
Delmont	Jennings	Lieder	Osthoff	Solberg	Workman
Dempsey	Johnson, A.	Lindner	Ozment	Stanek
Dorn	Johnson, R.	Luther	Paulsen	Stang
Erhardt	Juhnke	Macklin	Pawlenty	Sviggum

Those who voted in the negative were:

Biernat	Huntley	Long	Orfield	Tomassoni	Wejcman
Clark	Jaros	Mariani	Paymar	Wagenius
Entenza	Kahn	Milbert	Rukavina
Greenfield	Leighton	Mullery	Skoglund

The motion prevailed and the amendment to the amendment, as amended, was adopted.

Long moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Page 8, line 23, after "owner" insert "and all subsequent owners"

The motion prevailed and the amendment to the amendment, as amended, was adopted.

Biernat, Wagenius, Long and Jennings moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Page 29, line 20, after "metrodome" insert "and the baseball park"

Page 29, line 21, before the period, insert "of not less than $3,500,000 per year for the term of the lease agreement"

The motion prevailed and the amendment to the amendment, as amended, was adopted.

Olson, M.; Van Dellen and Anderson, B., offered an amendment to the Jennings et al amendment, as amended, to H. F. No. 36.

Winter raised a point of order pursuant to rule 3.09 that the Olson, M., et al amendment to the Jennings et al amendment, as amended, was not in order. The Speaker ruled the point of order well taken and the Olson, M., et al amendment to the Jennings et al amendment, as amended, out of order.

Van Dellen appealed the decision of the Chair.

A roll call was requested and properly seconded.

On the motion of Van Dellen and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams	Erhardt	Juhnke	Mares	Pawlenty	Sviggum
Anderson, B.	Evans	Kahn	Mariani	Paymar	Swenson, D.
Anderson, I.	Farrell	Kalis	Marko	Pelowski	Swenson, H.
Bakk	Finseth	Kelso	McCollum	Peterson	Sykora
Bettermann	Folliard	Kielkucki	McElroy	Pugh	Tomassoni
Biernat	Garcia	Kinkel	McGuire	Rest	Tompkins
Bishop	Goodno	Knight	Milbert	Reuter	Trimble
Boudreau	Greenfield	Knoblach	Molnau	Rhodes	Tuma
Bradley	Greiling	Koppendrayer	Mulder	Rifenberg	Van Dellen
Broecker	Gunther	Koskinen	Mullery	Rostberg	Wagenius
Carlson	Haas	Kraus	Munger	Rukavina	Weaver
Chaudhary	Harder	Kubly	Murphy	Schumacher	Wejcman
Clark	Hasskamp	Kuisle	Ness	Seagren	Wenzel
Commers	Hausman	Larsen	Nornes	Seifert	Westfall
Daggett	Hilty	Leighton	Olson, M.	Sekhon	Westrom
Davids	Holsten	Leppik	Opatz	Skare	Winter
Dawkins	Huntley	Lieder	Orfield	Skoglund	Wolf
Dehler	Jaros	Lindner	Osskopp	Slawik	Workman
Delmont	Jefferson	Long	Osthoff	Smith	Spk. Carruthers
Dempsey	Jennings	Luther	Otremba	Solberg
Dorn	Johnson, A.	Macklin	Ozment	Stanek
Entenza	Johnson, R.	Mahon	Paulsen	Stang

Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.

Knight moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, November 25, 1997.

The question was taken on the Knight motion and the roll was called. There were 8 yeas and 123 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Knight	Mulder	Reuter	Smith
Anderson, I.	Kraus	Mullery

Those who voted in the negative were:

Abrams	Evans	Juhnke	Mares	Paymar	Swenson, H.
Bakk	Farrell	Kahn	Mariani	Pelowski	Sykora
Bettermann	Finseth	Kalis	Marko	Peterson	Tomassoni
Biernat	Folliard	Kelso	McCollum	Pugh	Tompkins
Bishop	Garcia	Kielkucki	McElroy	Rest	Trimble
Boudreau	Goodno	Kinkel	McGuire	Rhodes	Tuma
Bradley	Greenfield	Knoblach	Milbert	Rifenberg	Tunheim
Broecker	Greiling	Koppendrayer	Molnau	Rostberg	Van Dellen
Carlson	Gunther	Koskinen	Munger	Rukavina	Wagenius
Chaudhary	Haas	Krinkie	Murphy	Schumacher	Weaver
Clark	Harder	Kubly	Ness	Seagren	Wejcman
Commers	Hasskamp	Kuisle	Nornes	Seifert	Wenzel
Daggett	Hausman	Larsen	Olson, M.	Sekhon	Westfall
Davids	Hilty	Leighton	Opatz	Skare	Westrom
Dawkins	Holsten	Leppik	Orfield	Skoglund	Winter
Dehler	Huntley	Lieder	Osskopp	Slawik	Wolf
Delmont	Jaros	Lindner	Osthoff	Solberg	Workman
Dempsey	Jefferson	Long	Otremba	Stanek	Spk. Carruthers
Dorn	Jennings	Luther	Ozment	Stang
Entenza	Johnson, A.	Macklin	Paulsen	Sviggum
Erhardt	Johnson, R.	Mahon	Pawlenty	Swenson, D.

The motion did not prevail.

The vote was taken on the Van Dellen appeal to the Winter point of order "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 71 yeas and 60 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Farrell	Johnson, A.	Luther	Osthoff	Slawik
Bakk	Folliard	Johnson, R.	Mahon	Otremba	Solberg
Biernat	Garcia	Juhnke	Mariani	Paymar	Tomassoni
Carlson	Greenfield	Kahn	Marko	Pelowski	Trimble
Chaudhary	Greiling	Kalis	McCollum	Peterson	Tunheim
Clark	Hasskamp	Kelso	McGuire	Pugh	Wagenius
Dawkins	Hausman	Kinkel	Milbert	Rest	Wejcman
Delmont	Hilty	Koskinen	Mullery	Rukavina	Wenzel
Dempsey	Huntley	Kubly	Munger	Schumacher	Winter
Dorn	Jaros	Leighton	Murphy	Sekhon	Wolf
Entenza	Jefferson	Lieder	Opatz	Skare	Spk. Carruthers
Evans	Jennings	Long	Orfield	Skoglund

Those who voted in the negative were:

Abrams	Dehler	Knoblach	McElroy	Reuter	Swenson, D.
Anderson, B.	Erhardt	Koppendrayer	Molnau	Rhodes	Swenson, H.
Bettermann	Finseth	Kraus	Mulder	Rifenberg	Sykora
Bishop	Goodno	Krinkie	Ness	Rostberg	Tompkins
Boudreau	Gunther	Kuisle	Nornes	Seagren	Tuma
Bradley	Haas	Larsen	Olson, M.	Seifert	Van Dellen
Broecker	Harder	Leppik	Osskopp	Smith	Weaver
Commers	Holsten	Lindner	Ozment	Stanek	Westfall
Journal of the House - 3rd Day - Thursday, November 13, 1997 - Top of Page 6023
Daggett	Kielkucki	Macklin	Paulsen	Stang	Westrom
Davids	Knight	Mares	Pawlenty	Sviggum	Workman

So it was the judgment of the House that the decision of the Speaker should stand.

Workman was excused between the hours of 5:00 p.m. and 7:30 p.m.

Jennings, Rest and Smith moved to amend the Jennings et al amendment, as amended, by the Smith and Jennings amendment to H. F. No. 36 as follows:

Page 2, line 1, delete "one" and insert "two" and delete "member" and insert "members for each facility to be"

Page 2, line 7, delete ", including the chair,"

Page 2, line 23, strike "appointed by the"

Page 2, line 24 delete the new language and strike the existing language

Page 2, line 25, strike "qualifications of a member"

Page 2, line 26, before the period, insert "elected by and from among the members of the commission"

The motion prevailed and the amendment to the amendment, as amended, was adopted.

Knoblach moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Page 18, line 13, after "7," insert "and the net proceeds of the lottery under section 349A.10, subdivision 5,"

Page 19, line 22, after "246.18" insert "and the net proceeds of the lottery under section 349A.10, subdivision 5"

The motion prevailed and the amendment to the amendment, as amended, was adopted.

The Speaker called Orfield to the Chair.

Kahn and Krinkie moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Page 14, after line 18, insert:

Page 14, line 19, delete "20" and insert "21"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 100 yeas and 28 nays as follows:

Those who voted in the affirmative were:

Abrams	Delmont	Jaros	Leppik	Pawlenty	Solberg
Anderson, B.	Dorn	Johnson, A.	Long	Paymar	Stanek
Anderson, I.	Entenza	Johnson, R.	Luther	Pelowski	Stang
Bakk	Erhardt	Juhnke	Macklin	Peterson	Sviggum
Bettermann	Evans	Kahn	Mahon	Pugh	Swenson, H.
Biernat	Farrell	Kelso	Mariani	Rhodes	Sykora
Bishop	Finseth	Kielkucki	Marko	Rifenberg	Trimble
Boudreau	Folliard	Kinkel	McCollum	Rostberg	Tuma
Bradley	Garcia	Knoblach	McGuire	Rukavina	Tunheim
Broecker	Goodno	Koppendrayer	Mulder	Schumacher	Van Dellen
Carlson	Greenfield	Koskinen	Munger	Seagren	Wagenius
Chaudhary	Greiling	Kraus	Nornes	Seifert	Wejcman
Clark	Gunther	Krinkie	Olson, M.	Sekhon	Wenzel
Commers	Haas	Kubly	Opatz	Skare	Westfall
Daggett	Harder	Kuisle	Osskopp	Skoglund	Winter
Dawkins	Hasskamp	Larsen	Otremba	Slawik
Dehler	Hilty	Leighton	Paulsen	Smith

Those who voted in the negative were:

Davids	Jefferson	Lindner	Murphy	Reuter	Westrom
Dempsey	Jennings	Mares	Ness	Swenson, D.	Wolf
Hausman	Kalis	McElroy	Osthoff	Tomassoni	Spk. Carruthers
Holsten	Knight	Milbert	Ozment	Tompkins
Huntley	Lieder	Molnau	Rest	Weaver

The motion prevailed and the amendment to the amendment, as amended, was adopted.

The Speaker resumed the Chair.

Kahn and Dawkins moved to amend the Jennings et al amendment, as amended, to H. F. No. 36 as follows:

Page 10, delete lines 17 to 36

Page 11, delete lines 1 to 3 and insert:

"(b) The commission must have executed an agreement with the nonprofit corporation that provides an ownership structure after the transfer by the nonprofit corporation that meets the following condition:

(1) the individual or entity that manages the team must own no more than 25 percent of the shares of the team;

(3) the structure must provide for a class of shares that entitle the shareholder the right to vote only on whether the baseball team may move to another state; and

(4) the articles of incorporation, or other organizing charter or agreement and bylaws must provide that the team may not move outside of the state without approval of 80 percent of the owners of shares with full voting rights, and 80 percent of the owners of shares sold under clause (3). Notwithstanding any law to the contrary, these 80 percent approval requirements may not be amended by the shareholders or by any other means.

For purposes of the percentage restrictions in clause (2), the shares owned by an individual or entity include the shares owned by a related taxpayer as defined in section 1313(c) of the Internal Revenue Code of 1986."

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment, as amended, and the roll was called. There were 43 yeas and 87 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Evans	Kahn	Mullery	Rhodes	Wagenius
Bakk	Farrell	Krinkie	Munger	Rukavina	Wenzel
Biernat	Folliard	Kubly	Orfield	Schumacher	Winter
Carlson	Haas	Leighton	Osthoff	Sekhon
Chaudhary	Hasskamp	Leppik	Pawlenty	Skoglund
Commers	Hilty	Mariani	Paymar	Swenson, D.
Dawkins	Jaros	Marko	Pelowski	Tomassoni
Entenza	Juhnke	Mulder	Pugh	Trimble

Those who voted in the negative were:

Abrams	Finseth	Kelso	Mahon	Paulsen	Swenson, H.
Anderson, I.	Garcia	Kielkucki	Mares	Peterson	Sykora
Bettermann	Goodno	Kinkel	McCollum	Rest	Tompkins
Bishop	Greenfield	Knight	McElroy	Reuter	Tuma
Boudreau	Greiling	Knoblach	McGuire	Rifenberg	Tunheim
Bradley	Gunther	Koppendrayer	Milbert	Rostberg	Van Dellen
Broecker	Harder	Koskinen	Molnau	Seagren	Weaver
Clark	Hausman	Kraus	Murphy	Seifert	Wejcman
Daggett	Holsten	Kuisle	Ness	Skare	Westfall
Davids	Huntley	Larsen	Nornes	Slawik	Westrom
Dehler	Jefferson	Lieder	Olson, M.	Smith	Wolf
Delmont	Jennings	Lindner	Opatz	Solberg	Spk. Carruthers
Dempsey	Johnson, A.	Long	Osskopp	Stanek
Dorn	Johnson, R.	Luther	Otremba	Stang
Erhardt	Kalis	Macklin	Ozment	Sviggum

The motion did not prevail and the amendment to the amendment, as amended, was not adopted.

Those who voted in the affirmative were:

Abrams	Finseth	Kielkucki	Milbert	Rest	Sykora
Bakk	Goodno	Kinkel	Molnau	Reuter	Tomassoni
Bettermann	Gunther	Knoblach	Mullery	Rhodes	Tompkins
Biernat	Harder	Koppendrayer	Munger	Rukavina	Tuma
Bishop	Hausman	Kuisle	Ness	Seagren	Tunheim
Boudreau	Holsten	Leppik	Nornes	Sekhon	Weaver
Bradley	Huntley	Lieder	Opatz	Solberg	Wenzel
Carlson	Jefferson	Mahon	Osthoff	Stanek	Westfall
Daggett	Jennings	Mares	Paulsen	Sviggum	Winter
Dorn	Juhnke	McCollum	Pelowski	Swenson, D.	Wolf
Erhardt	Kelso	McElroy	Pugh	Swenson, H.	Spk. Carruthers

Those who voted in the negative were:

Anderson, B.	Entenza	Johnson, A.	Lindner	Osskopp	Skoglund
Anderson, I.	Evans	Johnson, R.	Long	Otremba	Slawik
Broecker	Farrell	Kahn	Luther	Ozment	Smith
Chaudhary	Folliard	Kalis	Macklin	Pawlenty	Stang
Clark	Garcia	Knight	Mariani	Paymar	Trimble
Commers	Greenfield	Koskinen	Marko	Peterson	Van Dellen
Davids	Greiling	Kraus	McGuire	Rifenberg	Wagenius
Dawkins	Haas	Krinkie	Mulder	Rostberg	Wejcman
Dehler	Hasskamp	Kubly	Murphy	Schumacher	Westrom
Delmont	Hilty	Larsen	Olson, M.	Seifert
Dempsey	Jaros	Leighton	Orfield	Skare

The motion prevailed and the amendment, as amended, was adopted.

Rostberg moved to amend H. F. No. 36, as amended, as follows:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1996, section 473.551, subdivision 1, is amended to read:

Subdivision 1. [TERMS.] For the purposes of sections 473.551 to 473.599 473.5996, the following terms shall have the meanings given in this section.

Sec. 2. Minnesota Statutes 1996, section 473.551, is amended by adding a subdivision to read:

Subd. 18. [BASEBALL FACILITY.] "Baseball facility" means the major league professional baseball stadium, constructed pursuant to this act and owned by the commission.

Sec. 3. Minnesota Statutes 1996, section 473.551, is amended by adding a subdivision to read:

Subd. 19. [BASEBALL TEAM.] "Baseball team" means the professional major league baseball team.

Sec. 4. Minnesota Statutes 1996, section 473.551, is amended by adding a subdivision to read:

Sec. 5. Minnesota Statutes 1996, section 473.551, is amended by adding a subdivision to read:

Subd. 21. [OWNER.] "Owner" means the individual or individuals acting in concert, or other legal entity, who directly or indirectly owns at least a majority or controlling interest in the baseball team.

Sec. 6. [473.5991] [BASEBALL FACILITY.]

Subdivision 1. [LOCATION; OWNERSHIP; OPERATION.] The commission shall construct a baseball facility that is located within the metropolitan area, owned by the commission, and operated by the baseball team and its owner.

Subd. 2. [SITE SELECTION; DESIGN; CONSTRUCTION TEAM.] The commission and the owner, by mutual agreement, must select a site for the baseball facility and must determine the program elements of the baseball facility, including capacity, suites, club seats, clubs, and amenities. The commission and the owner, by mutual agreement, must also determine the baseball facility design, including whether or not to include a retractable roof on the facility, and the selection of the construction team, including the architect and general contractor.

Subd. 3. [CAPITAL REPAIR; IMPROVEMENTS.] The commission is responsible for capital repairs and improvements necessary to maintain the baseball facility. To the extent the costs to maintain the facility exceed the funds in the capital improvement fund, the commission and the owner shall agree on the improvements to be made.

Sec. 7. [473.5992] [DETERMINATIONS REQUIRED BEFORE CONSTRUCTION BONDS ISSUED.]

Subdivision 1. [SCOPE.] The commission shall determine that everything required by this section has been done before it authorizes the issuance of bonds for construction of the baseball facility.

Subd. 2. [30-YEAR USE AGREEMENT; ORGANIZATIONAL DECISIONS.] (a) The commission must execute agreements with the owner to use the commission's facilities for all scheduled regular season and postseason home games for a period of no less than 30 years, and the owner has agreed to pay baseball team revenues to the debt service fund as provided in section 10, subdivision 2. The agreements shall afford to the commission or other public entity, as the commission deems appropriate, the remedies that are deemed necessary and appropriate to provide reasonable assurances that the team and the owner will comply with the agreements. The remedies may include the payment of liquidated damages equivalent to direct and consequential damages incurred by reason of the breach of the agreements and any additional remedies or security arrangements the commission reasonably determines to be effective in accomplishing the purpose of this subdivision. The baseball team and its owner must provide information sufficient to satisfy the commission of the team's and the owner's ability to comply with the terms of the 30-year use agreement.

(b) The commission and the owner must agree to the right of the commission to approve all major organizational decisions, including sale of the ownership interest in the team, or a change in location of the team.

Subd. 3. [REVENUES TO BE SUFFICIENT.] Two independent, professional economic analyses must conclude that the anticipated amount to be deposited in the debt service fund under section 9 is an amount sufficient to pay when due all debt service, plus all administrative, operating, and maintenance expense and the owner must pledge and secure as necessary an amount sufficient to pay when due all debt service on the revenue bonds issued under this act.

Subd. 4. [COMMISSION'S RIGHT TO TITLE OF PROPERTY.] The commission must acquire, or contract to acquire, title to all real property including all easements and other appurtenances needed for the construction and operation of the baseball facility and enter into agreements sufficient in the judgment of the commission to ensure the receipt of funds, at the time and in the amount required, to make any payment upon which the commission's acquisition of title and possession of the real property is conditioned.

Subd. 6. [NO STRIKES OR LOCKOUTS.] The commission must execute agreements with appropriate labor organizations and construction contractors that provide that no labor strikes or management lockouts will delay construction.

Subd. 7. [GUARANTEED MAXIMUM PRICE.] The commission must execute agreements to provide for the construction of the baseball facility for a guaranteed maximum price and substantial completion date of April 1, 2001, and that include performance bonds in an amount at least equal to 100 percent of the guaranteed maximum price to cover any costs that may be incurred over and above the guaranteed maximum price, including, but not limited to, costs incurred by the commission or loss of revenues resulting from incomplete construction on the substantial completion date.

Subd. 8. [OWNER TO OPERATE FACILITY.] The commission and the owner must execute agreements that provide for the operation and maintenance of the baseball facility. The agreements must provide that:

(1) the owner, in consultation with the commission, must provide for management of the baseball facility and may contract with one or more entities to operate part or all of the baseball facility; and

(2) the owner, in consultation with the commission, may contract with one or more concessionaires to provide food and beverages for the baseball facility.

Sec. 8. [473.5993] [DEBT FINANCING.]

Subdivision 1. [PURPOSES.] The commission may by resolution authorize the issuance and sale of its taxable revenue bonds in a principal amount that does not exceed $450,000,000 for the following purposes:

(1) to provide funds for site assembly and construction of the baseball facility by the commission under this section, to establish necessary debt service reserves, and to pay issuance costs and costs of credit enhancement for the bonds, if any;

(2) to refund bonds issued under this section;

(3) to fund judgments entered by any court against the commission or against the commission in matters relating to the commission's functions related to the baseball facility; and

(4) to fund a debt service reserve, provided that no more than $50,000,000 of the bond proceeds may be used for this purpose.

Subd. 2. [PROCEDURE.] The bonds shall be sold, issued, and secured in the manner provided in chapter 475 for bonds payable solely from revenues and the commission 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 commission. They shall be payable solely from revenues described in section 9. The bonds shall not be a general or moral obligation or debt of the commission, any other political subdivision of the state, or the state, 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.

Subd. 4. [VALIDITY OF DEBT ISSUED.] The validity of any bonds issued under this section and the obligations of the commission related to them, must not be conditioned upon or impaired by the commission's determinations made under section 7. For the purposes of issuing bonds, the determinations made by the commission are conclusive, and the commission is obligated for the security and payment of the bonds, but only from the sources pledged to them, irrespective of determinations that may be erroneous, inaccurate, or otherwise mistaken.

Subd. 5. [BROKERAGE FIRM AGREEMENT.] Before issuing debt under this section, the commission must enter into an agreement with the brokerage firm to be used in connection with the issuance and sale of the bonds or revenue anticipation certificates under this section, guaranteeing that fees and charges payable to the brokerage firm under the agreement, including any underwriting discounts, do not exceed fees and charges customarily payable in connection with the issuance and sale of bonds or revenue anticipation certificates.

Subd. 6. [NO STATE GENERAL OBLIGATIONS.] Revenue bonds that are issued, sold, and secured under this act are not an obligation of the state. Bonds issued and sold by the commission under this act are payable solely from revenues of the baseball facility. The state shall not assume any obligation or liability for bonds issued or sold under this act.

Sec. 9. [473.5994] [USE OF BASEBALL TEAM REVENUES.]

By March 1 of 1998 and each subsequent year, the owner shall determine the revenues of the baseball team for the previous calendar year. To the extent those revenues exceed the revenues of the baseball team from the 1996 calendar year, increased by the percentage increase in the most recent consumer price index for all-urban consumers published by the department of labor over the index for 1996, the owner must deposit the excess revenues in the debt service fund, except as provided in section 10, subdivision 3.

Sec. 10. [473.5995] [COMMISSION FINANCES RELATED TO BASEBALL STADIUM.]

Subdivision 1. [BUDGET; COUNCIL REVIEW AND APPROVAL.] (a) The commission shall prepare a proposed baseball stadium-related budget by August 1 of each year. The budget shall include the baseball facility revenues and expenditures. The budget must show the estimated capital improvement fund revenues and expenditures, and the debt service costs and outstanding debt of the commission related to site assembly and construction of the baseball facility.

(b) Before August 15 of each year, the commission shall hold a public hearing on a draft of the proposed budget after reasonable public notice.

(c) The commission shall approve or disapprove the budget by October 1 of each year.

(d) Before December 15 of each year, the commission shall by resolution adopt a final budget and file it with the metropolitan council before December 20.

Subd. 2. [DEBT SERVICE FUND.] As provided in section 9, the commission must establish a debt service fund in which to deposit funds the commission receives to ensure payment of any debt issued by the metropolitan council under this act.

Subd. 3. [CAPITAL REPAIR AND IMPROVEMENT FUND.] The commission must establish a baseball facility capital repair and improvement account in which to deposit revenues received from gross revenues of the team not required to be deposited in the debt service fund, in an amount to be mutually agreed to by the owner and the commission as sufficient for this purpose. The money in this account may be used by the commission to make capital repairs to and improvements of the baseball facility.

Subd. 4. [EXCESS REVENUES TO TEAM.] Any revenues of the baseball team that are not required to be paid into the debt service fund under subdivision 2 or the capital repair and improvement fund under subdivision 3, shall remain with the baseball team.

Sec. 11. [473.5996] [OPERATION OF BASEBALL FACILITY TO BE SELF-SUPPORTING.]

(b) The legislature intends that, other than agreeing to the use of increased revenues of the baseball team, the owner is not required to make any contribution to the cost of construction of the baseball facility.

Sec. 12. [EFFECTIVE DATE.]

Sections 1 to 11 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to sports; providing for a process to construct a major league baseball facility without the use of public funds; authorizing issuance of bonds and other debt by the metropolitan sports facilities commission; amending Minnesota Statutes 1996, sections 473.551, subdivision 1, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 473."

A roll call was requested and properly seconded.

The question was taken on the Rostberg amendment and the roll was called. There were 51 yeas and 79 nays as follows:

Those who voted in the affirmative were:

Abrams	Daggett	Kielkucki	Molnau	Peterson	Tompkins
Anderson, B.	Erhardt	Knight	Mulder	Reuter	Tuma
Bettermann	Finseth	Kraus	Mullery	Rhodes	Van Dellen
Biernat	Folliard	Krinkie	Nornes	Rostberg	Weaver
Boudreau	Gunther	Larsen	Olson, M.	Stanek	Westfall
Bradley	Harder	Leppik	Osskopp	Stang	Westrom
Broecker	Hasskamp	Lindner	Ozment	Sviggum
Carlson	Holsten	Marko	Paulsen	Swenson, D.
Commers	Johnson, R.	McCollum	Pawlenty	Swenson, H.

Those who voted in the negative were:

Anderson, I.	Garcia	Kalis	Mares	Pugh	Tomassoni
Bakk	Goodno	Kelso	Mariani	Rest	Trimble
Bishop	Greenfield	Kinkel	McElroy	Rifenberg	Tunheim
Chaudhary	Greiling	Knoblach	McGuire	Rukavina	Wagenius
Clark	Haas	Koppendrayer	Milbert	Schumacher	Wejcman
Davids	Hausman	Koskinen	Munger	Seagren	Wenzel
Dawkins	Hilty	Kubly	Murphy	Seifert	Winter
Dehler	Huntley	Kuisle	Ness	Sekhon	Wolf
Delmont	Jaros	Leighton	Opatz	Skare	Spk. Carruthers
Dempsey	Jefferson	Lieder	Orfield	Skoglund
Dorn	Jennings	Long	Osthoff	Slawik
Entenza	Johnson, A.	Luther	Otremba	Smith
Evans	Juhnke	Macklin	Paymar	Solberg
Farrell	Kahn	Mahon	Pelowski	Sykora

The motion did not prevail and the amendment was not adopted.

349A.10, by adding a subdivision; 473.551, subdivisions 3, 8, and by adding subdivisions; 473.552; 473.553, subdivisions 1, 2, 3, 4, 5, and by adding a subdivision; and 473.556, subdivisions 3, 4, 5, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter 473; proposing coding for new law as Minnesota Statutes, chapter 473I; repealing Minnesota Statutes 1996, sections 473.553, subdivision 14; and 473.561.

The bill was read for the third time, as amended, and placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 47 yeas and 84 nays as follows:

Those who voted in the affirmative were:

Abrams	Erhardt	Jefferson	McElroy	Rest	Tomassoni
Bakk	Finseth	Jennings	Milbert	Rostberg	Tunheim
Bettermann	Goodno	Kinkel	Munger	Rukavina	Weaver
Bishop	Gunther	Knoblach	Ness	Seagren	Wenzel
Boudreau	Hasskamp	Koppendrayer	Nornes	Solberg	Westfall
Bradley	Hausman	Leppik	Opatz	Sviggum	Wolf
Daggett	Huntley	Lieder	Paulsen	Swenson, D.	Spk. Carruthers
Dorn	Jaros	Mares	Pelowski	Sykora

Those who voted in the negative were:

Anderson, B.	Evans	Kalis	Macklin	Otremba	Slawik
Anderson, I.	Farrell	Kelso	Mahon	Ozment	Smith
Biernat	Folliard	Kielkucki	Mariani	Pawlenty	Stanek
Broecker	Garcia	Knight	Marko	Paymar	Stang
Carlson	Greenfield	Koskinen	McCollum	Peterson	Swenson, H.
Chaudhary	Greiling	Kraus	McGuire	Pugh	Tompkins
Clark	Haas	Krinkie	Molnau	Reuter	Trimble
Commers	Harder	Kubly	Mulder	Rhodes	Tuma
Davids	Hilty	Kuisle	Mullery	Rifenberg	Van Dellen
Dawkins	Holsten	Larsen	Murphy	Schumacher	Wagenius
Dehler	Johnson, A.	Leighton	Olson, M.	Seifert	Wejcman
Delmont	Johnson, R.	Lindner	Orfield	Sekhon	Westrom
Dempsey	Juhnke	Long	Osskopp	Skare	Winter
Entenza	Kahn	Luther	Osthoff	Skoglund	Workman

The bill was not passed, as amended.

The following House Advisories were introduced:

Clark, Rest, Kahn, Sykora and Garcia introduced:

H. A. No. 1, A proposal for support for women's professional baseball and its equal access to playing facilities.

The advisory was referred to the Committee on Local Government and Metropolitan Affairs.

Clark, Bettermann, Greenfield, Pelowski and Sykora introduced:

H. A. No. 2, A proposal to study sliding fee child care services.

The advisory was referred to the Committee on Health and Human Services.

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:

S. F. No. 2.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2, A bill for an act relating to professional athletics; allowing the governor to purchase the Minnesota Twins on behalf of the state; providing for the sale of the Minnesota Twins to a Minnesota corporation if the corporation satisfies certain conditions; requiring certain provisions in the articles of incorporation of a corporation seeking to acquire the Minnesota Twins; authorizing issuance of stock; appropriating money.

The bill was read for the first time.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Dawkins moved that the rule therein be suspended and an urgency be declared so that S. F. No. 2 be given its second and third readings and be placed upon its final passage.

A roll call was requested and properly seconded.

The question was taken on the Dawkins motion and the roll was called. There were 38 yeas and 93 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Folliard	Koskinen	Mullery	Schumacher	Wenzel
Bakk	Hasskamp	Kubly	Munger	Sekhon	Winter
Biernat	Hilty	Long	Murphy	Skare	Spk. Carruthers
Chaudhary	Jaros	Mahon	Otremba	Slawik
Dawkins	Johnson, R.	Mariani	Paymar	Solberg
Entenza	Juhnke	Marko	Peterson	Tomassoni
Evans	Kahn	Milbert	Rukavina	Trimble

Those who voted in the negative were:

Abrams	Erhardt	Kalis	Macklin	Pawlenty	Swenson, H.
Anderson, B.	Farrell	Kelso	Mares	Pelowski	Sykora
Journal of the House - 3rd Day - Thursday, November 13, 1997 - Top of Page 6033
Bettermann	Finseth	Kielkucki	McCollum	Pugh	Tompkins
Bishop	Garcia	Kinkel	McElroy	Rest	Tuma
Boudreau	Goodno	Knight	McGuire	Reuter	Tunheim
Bradley	Greenfield	Knoblach	Molnau	Rhodes	Van Dellen
Broecker	Greiling	Koppendrayer	Mulder	Rifenberg	Wagenius
Carlson	Gunther	Kraus	Ness	Rostberg	Weaver
Clark	Haas	Krinkie	Nornes	Seagren	Wejcman
Commers	Harder	Kuisle	Olson, M.	Seifert	Westfall
Daggett	Hausman	Larsen	Opatz	Skoglund	Westrom
Davids	Holsten	Leighton	Orfield	Smith	Wolf
Dehler	Huntley	Leppik	Osskopp	Stanek	Workman
Delmont	Jefferson	Lieder	Osthoff	Stang
Dempsey	Jennings	Lindner	Ozment	Sviggum
Dorn	Johnson, A.	Luther	Paulsen	Swenson, D.

The motion did not prevail.

S. F. No. 2 was referred to the Committee on Rules and Legislative Administration.

McGuire was excused for the remainder of today's session.

There being no objection, the order of business reverted to Messages from the Senate.

The following message was received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate File, herewith transmitted:

S. F. No. 16.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 16, A bill for an act relating to education finance; providing an effective date for a requirement that contracts relating to construction or improvement of educational facilities are subject to prevailing wage requirements; amending Laws 1997, chapter 231, article 16, section 31.

The bill was read for the first time.

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Tuma moved that the rule therein be suspended and an urgency be declared so that S. F. No. 16 be given its second and third readings and be placed upon its final passage.

The question was taken on the Tuma motion and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 51 yeas and 78 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Goodno	Kraus	Mulder	Rifenberg	Tuma
Bettermann	Gunther	Krinkie	Nornes	Rostberg	Tunheim
Boudreau	Haas	Kuisle	Olson, M.	Schumacher	Van Dellen
Broecker	Harder	Larsen	Osskopp	Seifert	Westfall
Commers	Holsten	Lindner	Ozment	Stanek	Westrom
Daggett	Kalis	Macklin	Pawlenty	Stang	Workman
Davids	Kielkucki	McElroy	Peterson	Sviggum
Dehler	Knight	Milbert	Pugh	Swenson, D.
Finseth	Knoblach	Molnau	Rhodes	Swenson, H.

Those who voted in the negative were:

Abrams	Erhardt	Jennings	Long	Osthoff	Smith
Anderson, I.	Evans	Johnson, A.	Luther	Otremba	Solberg
Bakk	Farrell	Johnson, R.	Mahon	Paulsen	Sykora
Biernat	Folliard	Juhnke	Mares	Paymar	Tomassoni
Bishop	Garcia	Kahn	Mariani	Pelowski	Tompkins
Bradley	Greenfield	Kelso	Marko	Rest	Trimble
Carlson	Greiling	Kinkel	McCollum	Reuter	Wagenius
Chaudhary	Hasskamp	Koppendrayer	Mullery	Rukavina	Weaver
Clark	Hausman	Koskinen	Munger	Seagren	Wejcman
Dawkins	Hilty	Kubly	Murphy	Sekhon	Wenzel
Delmont	Huntley	Leighton	Ness	Skare	Winter
Dorn	Jaros	Leppik	Opatz	Skoglund	Wolf
Entenza	Jefferson	Lieder	Orfield	Slawik	Spk. Carruthers

The motion did not prevail.

S. F. No. 16 was referred to the Committee on Rules and Legislative Administration.

The members of the House paused for a moment of silence in honor of Fire Captain Leroy Swenson who passed away earlier this year.

Winter moved that the Chief Clerk be and is hereby authorized to correct and approve the Journal of the House, 1997 Third Special Session, for today, Thursday, November 13, 1997, and that he be authorized to include in the Journal for today any subsequent proceedings. The motion prevailed.

Winter moved that the Chief Clerk be and is hereby instructed to inform the Senate and the Governor by message that the House of Representatives is about to adjourn this 1997 Third Special Session sine die. The motion prevailed.

Winter moved that the House adjourn sine die for the 1997 Third Special Session. The motion prevailed, and the Speaker declared the House stands adjourned sine die for the 1997 Third Special Session.