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Journal of the House [99Th Day

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Journal of the House [99Th Day 99TH DAY] TUESDAY, APRIL 3, 2012 8135 STATE OF MINNESOTA EIGHTY-SEVENTH SESSION - 2012 _____________________ NINETY-NINTH DAY SAINT PAUL, MINNESOTA, TUESDAY, APRIL 3, 2012 The House of Representatives convened at 10:00 a.m. and was called to order by Denise Dittrich, Speaker pro tempore. Prayer was offered by The Reverend Kevin Schill, Simpson United Methodist Church Center for Servant Ministries, Minneapolis, Minnesota. The members of the House gave the pledge of allegiance to the flag of the United States of America. The roll was called and the following members were present: Abeler Dean Hausman Leidiger Murdock Scott Allen Dettmer Hilstrom LeMieur Murphy, E. Shimanski Anderson, D. Dill Hilty Lenczewski Murphy, M. Simon Anderson, P. Dittrich Holberg Lesch Murray Slawik Anderson, S. Doepke Hoppe Liebling Myhra Slocum Anzelc Downey Hornstein Lillie Nelson Smith Banaian Drazkowski Hortman Loeffler Nornes Stensrud Barrett Eken Hosch Lohmer Norton Swedzinski Beard Erickson Howes Loon O'Driscoll Thissen Benson, J. Fabian Huntley Mack Paymar Tillberry Benson, M. Falk Johnson Mahoney Pelowski Torkelson Bills Franson Kahn Mariani Peppin Urdahl Brynaert Fritz Kath Marquart Persell Vogel Buesgens Garofalo Kelly Mazorol Petersen, B. Wagenius Carlson Gauthier Kieffer McDonald Peterson, S. Ward Champion Gottwalt Kiel McElfatrick Poppe Wardlow Clark Gruenhagen Kiffmeyer McFarlane Quam Westrom Cornish Gunther Knuth McNamara Rukavina Winkler Crawford Hackbarth Koenen Melin Runbeck Woodard Daudt Hamilton Kriesel Moran Sanders Spk. Zellers Davids Hancock Laine Morrow Scalze Davnie Hansen Lanning Mullery Schomacker A quorum was present. Atkins and Greiling were excused. Greene was excused until 11:15 a.m. Anderson, B., was excused until 11:20 a.m. The Chief Clerk proceeded to read the Journal of the preceding day. There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk. 8136 JOURNAL OF THE HOUSE [99TH DAY The Speaker assumed the Chair. REPORTS OF STANDING COMMITTEES AND DIVISIONS Holberg from the Committee on Ways and Means to which was referred: H. F. No. 518, A bill for an act relating to transportation; governing rulemaking and permits; amending rulemaking authority for state-aid program; amending allocation of funds from certain overdimension motor vehicle permits; requiring a legislative report on water permitting process for transportation projects; making clarifying and technical changes; amending Minnesota Statutes 2010, sections 162.02, subdivisions 2, 3; 162.09, subdivisions 2, 3; 162.155; 169.86, by adding a subdivision; 169.865, subdivision 4; Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5. Reported the same back with the following amendments: Page 7, line 3, delete "November 15, 2012" and insert "January 15, 2013" Page 7, after line 19, insert: "EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 10. EFFECTIVE DATE. Unless another date is specified, this act is effective July 1, 2012." With the recommendation that when so amended the bill pass. The report was adopted. Hoppe from the Committee on Commerce and Regulatory Reform to which was referred: H. F. No. 1485, A bill for an act relating to gambling; modifying certain rates of tax on lawful gambling; providing for linked bingo and electronic pull-tabs; making clarifying, conforming, and technical changes; appropriating money; amending Minnesota Statutes 2010, sections 297E.02; 349.12, subdivisions 5, 12a, 25b, 25c, 25d, 29, 32, 32a; 349.13; 349.151, subdivisions 4b, 4c; 349.155, subdivisions 3, 4; 349.161, subdivision 1; 349.163, subdivisions 1, 6; 349.1635, subdivision 2, by adding a subdivision; 349.165, subdivision 2; 349.17, subdivisions 6, 7, 8; 349.1721, by adding subdivisions; 349.18, subdivision 1; 349.211, subdivision 1a; proposing coding for new law in Minnesota Statutes, chapter 349. Reported the same back with the following amendments: Delete everything after the enacting clause and insert: "Section 1. Minnesota Statutes 2010, section 297E.01, subdivision 7, is amended to read: 99TH DAY] TUESDAY, APRIL 3, 2012 8137 Subd. 7. Gambling product. "Gambling product" means bingo hard cards, bingo paper sheets, or linked bingo paper sheets, or electronic linked bingo games; pull-tabs; electronic pull-tab games; tipboards; paddle tickets and paddle ticket cards; raffle tickets; or any other ticket, card, board, placard, device, or token that represents a chance, for which consideration is paid, to win a prize. EFFECTIVE DATE. This section is effective July 1, 2012. Sec. 2. Minnesota Statutes 2010, section 297E.01, subdivision 8, is amended to read: Subd. 8. Gross receipts. "Gross receipts" means all receipts derived from lawful gambling activity including, but not limited to, the following items: (1) gross sales of bingo hard cards and, paper sheets, linked bingo paper sheets, and electronic linked bingo games before reduction for prizes, expenses, shortages, free plays, or any other charges or offsets; (2) the ideal gross of pull-tab, electronic pull-tab games, and tipboard deals or games less the value of unsold and defective tickets and before reduction for prizes, expenses, shortages, free plays, or any other charges or offsets; (3) gross sales of raffle tickets and paddle tickets before reduction for prizes, expenses, shortages, free plays, or any other charges or offsets; (4) admission, commission, cover, or other charges imposed on participants in lawful gambling activity as a condition for or cost of participation; and (5) interest, dividends, annuities, profit from transactions, or other income derived from the accumulation or use of gambling proceeds. Gross receipts does not include proceeds from rental under section 349.18, subdivision 3. EFFECTIVE DATE. This section is effective July 1, 2012. Sec. 3. Minnesota Statutes 2010, section 297E.01, subdivision 9, is amended to read: Subd. 9. Ideal gross. "Ideal gross" means the total amount of receipts that would be received if every individual ticket in the pull-tab, electronic pull-tab games or tipboard deal, paddle wheel game, and raffle ticket was sold at its face value. In the calculation of ideal gross and prizes, a free play ticket pull-tab or electronic pull-tab shall be valued at face value. "Ideal gross" also means the total amount of receipts that would be received if every bingo paper sheet, linked bingo paper sheet, and electronic linked bingo games were sold at face value. EFFECTIVE DATE. This section is effective July 1, 2012. Sec. 4. Minnesota Statutes 2010, section 297E.02, subdivision 1, is amended to read: Subdivision 1. Imposition. A tax is imposed on all lawful gambling other than (1) paper or electronic pull-tab deals or games; (2) tipboard deals or games; and (3) electronic linked bingo; and (4) items listed in section 297E.01, subdivision 8, clauses (4) and (5), at the rate of 8.5 percent on the gross receipts as defined in section 297E.01, subdivision 8, less prizes actually paid. The tax imposed by this subdivision is in lieu of the tax imposed by section 297A.62 and all local taxes and license fees except a fee authorized under section 349.16, subdivision 8, or a tax authorized under subdivision 5. The tax imposed under this subdivision is payable by the organization or party conducting, directly or indirectly, the gambling. EFFECTIVE DATE. This section is effective for games reported as played after June 30, 2012. 8138 JOURNAL OF THE HOUSE [99TH DAY Sec. 5. Minnesota Statutes 2010, section 297E.02, subdivision 3, is amended to read: Subd. 3. Collection; disposition. (a) Taxes imposed by this section other than in subdivision 4 are due and payable to the commissioner when the gambling tax return is required to be filed. Taxes imposed by subdivision 4 are due and payable to the commissioner on or before the last business day of the month following the month in which the taxable sale was made. Distributors must file their monthly sales figures with the commissioner on a form prescribed by the commissioner. Returns covering the taxes imposed under this section must be filed with the commissioner on or before the 20th day of the month following the close of the previous calendar month. The commissioner may require that the returns be filed via magnetic media or electronic data transfer. The proceeds, along with the revenue received from all license fees and other fees under sections 349.11 to 349.191, 349.211, and 349.213, must be paid to the commissioner of management and budget for deposit in the general fund. (b) The sales tax imposed by chapter 297A on the sale of pull-tabs and tipboards by the distributor is imposed on the retail sales price. The retail sale of pull-tabs or tipboards by the organization is exempt from taxes imposed by chapter 297A and is exempt from all local taxes and license fees except a fee authorized under section 349.16, subdivision 8. (c) One-half of one percent of the revenue deposited in the general fund under paragraph (a), is appropriated to the commissioner of human services for the compulsive gambling treatment program established under section 245.98. One-half of one percent of the revenue deposited in the general fund under paragraph (a), is appropriated to the Gambling Control Board for a grant to the state affiliate recognized by the National Council on Problem Gambling to increase public awareness of problem gambling, education and training for individuals and organizations providing effective treatment services to problem gamblers and their families, and research relating to problem gambling. Money appropriated by this paragraph must supplement and must not replace existing state funding for these programs. EFFECTIVE DATE. This section is effective July 1, 2012. Sec. 6. Minnesota Statutes 2010, section 297E.02, subdivision 6, is amended to read: Subd. 6. Combined net receipts tax. In addition to the taxes imposed under subdivisions 1 and 4, a tax is imposed on the combined receipts of the organization.
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