SF 2717

as introduced - 90th Legislature (2017 - 2018) Posted on 02/27/2018 09:10am

A bill for an act
relating to state government; establishing a grant program for skate parks throughout
the state; authorizing the Minnesota Amateur Sports Commission to build skate
parks; modifying the Minnesota Tort Claims Act; modifying liability for free
recreational use of private lands; appropriating money; authorizing the sale and
issuance of state bonds; amending Minnesota Statutes 2016, section 604A.21,
subdivision 5; Minnesota Statutes 2017 Supplement, section 3.736, subdivision
3; proposing coding for new law in Minnesota Statutes, chapter 240A.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 3.736, subdivision 3, is amended
to read:

Subd. 3.

Exclusions.

Without intent to preclude the courts from finding additional cases
where the state and its employees should not, in equity and good conscience, pay
compensation for personal injuries or property losses, the legislature declares that the state
and its employees are not liable for the following losses:

(a) a loss caused by an act or omission of a state employee exercising due care in the
execution of a valid or invalid statute or rule;

(b) a loss caused by the performance or failure to perform a discretionary duty, whether
or not the discretion is abused;

(c) a loss in connection with the assessment and collection of taxes;

(d) a loss caused by snow or ice conditions on a highway or public sidewalk that does
not abut a publicly owned building or a publicly owned parking lot, except when the condition
is affirmatively caused by the negligent acts of a state employee;

(e) a loss caused by wild animals in their natural state, except as provided in section
3.7371;

(f) a loss other than injury to or loss of property or personal injury or death;

(g) a loss caused by the condition of unimproved real property owned by the state, which
means land that the state has not improved, state land that contains idled or abandoned mine
pits or shafts, and appurtenances, fixtures, and attachments to land that the state has neither
affixed nor improved;

(h) a loss involving or arising out of the use or operation of a recreational motor vehicle,
as defined in section 84.90, subdivision 1, within the right-of-way of a trunk highway, as
defined in section 160.02, except that the state is liable for conduct that would entitle a
trespasser to damages against a private person;

(i) a loss incurred by a user arising from the construction, operation, or maintenance of
the outdoor recreation system, as defined in section 86A.04 deleted text begin , deleted text end new text begin ; a loss incurred by a user of a
facility owned or operated by the Amateur Sports Commission; new text end or for a loss arising from
the construction, operation, maintenance, or administration of grants-in-aid trails as defined
in section 85.018, or for a loss arising from the construction, operation, or maintenance of
a water access site created by the Department of Iron Range Resources and Rehabilitation,
except that the state is liable for conduct that would entitle a trespasser to damages against
a private person. For the purposes of this clause, a water access site, as defined in section
86A.04 or created by the commissioner of Iron Range resources and rehabilitation, that
provides access to an idled, water filled mine pit, also includes the entire water filled area
of the pit and, further, includes losses caused by the caving or slumping of the mine pit
walls;

(j) a loss of benefits or compensation due under a program of public assistance or public
welfare, except if state compensation for loss is expressly required by federal law in order
for the state to receive federal grants-in-aid;

(k) a loss based on the failure of a person to meet the standards needed for a license,
permit, or other authorization issued by the state or its agents;

(l) a loss based on the usual care and treatment, or lack of care and treatment, of a person
at a state hospital or state corrections facility where reasonable use of available appropriations
has been made to provide care;

(m) loss, damage, or destruction of property of a patient or inmate of a state institution
except as provided under section 3.7381;

(n) a loss for which recovery is prohibited by section 169A.48, subdivision 2;

(o) a loss caused by an aeration, bubbler, water circulation, or similar system used to
increase dissolved oxygen or maintain open water on the ice of public waters, that is operated
under a permit issued by the commissioner of natural resources;

(p) a loss incurred by a visitor to the Minnesota Zoological Garden, except that the state
is liable for conduct that would entitle a trespasser to damages against a private person;

(q) a loss arising out of a person's use of a logging road on public land that is maintained
exclusively to provide access to timber on that land by harvesters of the timber, and is not
signed or otherwise held out to the public as a public highway; and

(r) a loss incurred by a user of property owned, leased, or otherwise controlled by the
Minnesota National Guard or the Department of Military Affairs, except that the state is
liable for conduct that would entitle a trespasser to damages against a private person.

The state will not pay punitive damages.

Sec. 2.

new text begin [240A.20] PROMOTING CONSTRUCTION AND RENOVATION OF
PUBLIC SKATE PARKS THROUGHOUT THE STATE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "skate" means wheeled,
nonmotorized recreation, including skateboarding, in-line skating, and roller-skating, and
not including cycling or biking.
new text end

new text begin Subd. 2. new text end

new text begin Promotion of public skate parks. new text end

new text begin The Minnesota Amateur Sports Commission
shall:
new text end

new text begin (1) develop new statewide or regional public skate parks; and
new text end

new text begin (2) provide matching grants to local units of government for public skate parks based
on the criteria in this section.
new text end

new text begin Subd. 3. new text end

new text begin Criteria for grants to local units of government for public skate parks. new text end

new text begin (a)
The commission shall administer a site selection process for the skate parks. The commission
shall invite proposals from cities or counties or a consortia of cities. A proposal for a skate
park must include matching contributions including in-kind contributions of land, access
roadways and access roadway improvements, and necessary utility services, landscaping,
and parking.
new text end

new text begin (b) The location for all proposed facilities must be in areas of maximum demonstrated
interest and must maximize accessibility to an arterial highway, transit, or pedestrian or
bike paths.
new text end

new text begin (c) To the extent possible, all proposed facilities must be dispersed equitably, must be
located to maximize potential for full utilization, must accommodate noncompetitive family
and community skating for all ages, and must encourage use of skate parks by a diverse
population.
new text end

new text begin (d) The commission must give priority to proposals that come from more than one local
government unit.
new text end

new text begin (e) The commission may also use the money to upgrade, rehabilitate, or renovate current
facilities.
new text end

new text begin (f) To the extent possible, 50 percent of all grants must be awarded to communities in
greater Minnesota.
new text end

new text begin (g) A grant for new facilities may not exceed $250,000.
new text end

new text begin (h) Grant money may be used to upgrade existing facilities to comply with the bleacher
safety requirements of section 326B.112.
new text end

new text begin Subd. 4. new text end

new text begin Technical assistance. new text end

new text begin To the extent possible, the commission shall provide
technical assistance on skate park planning, design, and operation to communities.
new text end

new text begin Subd. 5. new text end

new text begin Agreements with local governments and cooperative purchasing agreements.
new text end

new text begin (a) The Minnesota Amateur Sports Commission may enter into agreements with local units
of government and provide financial assistance in the form of grants for the construction
of skate parks that in the determination of the commission conform to its criteria.
new text end

new text begin (b) The commission may enter into cooperative purchasing agreements under section
471.59 with local governments to purchase skate park equipment and services through state
contracts. The cooperative skate park equipment purchasing revolving fund is created as a
separate account in the state treasury. The commission may charge a fee to cover the
commission's administrative expenses to government units that have joint or cooperative
purchasing agreements with the state under section 471.59. The fees collected must be
deposited in the cooperative skate park equipment purchasing revolving fund. Money in
the fund is appropriated to the commission to administer the programs and services covered
by this subdivision.
new text end

new text begin Subd. 6. new text end

new text begin General obligation special tax bonds for skate parks. new text end

new text begin State general obligation
bonds issued to finance the construction of the skate parks provided for in this section may
be general obligation special tax bonds under section 16A.661 and debt service on the bonds
may be paid from sports and health club sales tax revenue as provided in section 16A.661,
subdivision 3, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2016, section 604A.21, subdivision 5, is amended to read:

Subd. 5.

Recreational purpose.

"Recreational purpose" includes, but is not limited to,
hunting; trapping; fishing; swimming; boating; camping; picnicking; hiking; rock climbing;
cave exploring; bicycling; new text begin skateboarding; new text end horseback riding; firewood gathering; pleasure
driving, including snowmobiling and the operation of any motorized vehicle or conveyance
upon a road or upon or across land in any manner, including recreational trail use; nature
study; water skiing; winter sports; noncommercial aviation activities; and viewing or enjoying
historical, archaeological, scenic, or scientific sites. "Rock climbing" means the climbing
of a naturally exposed rock face. "Cave exploring" means the planned exploration of naturally
occurring cavities in rock, including passage through any structures placed for the purpose
of safe access, access control, or conservation, but does not include the exploration of other
man-made cavities such as tunnels, mines, and sewers. "Noncommercial aviation activities"
means the use of private, nonstaffed airstrips for takeoffs and landings related to other
recreational purposes under this subdivision that are not commercial operations under section
360.013, subdivision 45.

Sec. 4. new text begin GENERAL FUND APPROPRIATION.
new text end

new text begin $250,000 in fiscal year 2019 is appropriated from the general fund to the Minnesota
Amateur Sports Commission to contract with a qualified nonprofit organization to establish
criteria to evaluate skate park proposals for receiving grants under Minnesota Statutes,
section 240A.20; to provide technical advice to local units of government or the Amateur
Sports Commission about the development, design, construction, and maintenance of a
skate park; and for grants to local units of government to promote the use of skate parks by
a diverse population.
new text end

Sec. 5. new text begin BOND PROCEEDS APPROPRIATIONS.
new text end

new text begin (a) $3,000,000 is appropriated from the bond proceeds fund to the Minnesota Amateur
Sports Commission for grants under Minnesota Statutes, section 240A.20.
new text end

new text begin (b) Notwithstanding the grant limit in Minnesota Statutes, section 240A.20, subdivision
1, paragraph (i), $2,000,000 is appropriated from the bond proceeds fund to the Minnesota
Amateur Sports Commission for a grant under Minnesota Statutes, section 240A.20, for a
skate park that has a statewide draw.
new text end

Sec. 6. new text begin BOND SALE.
new text end

new text begin To provide the money appropriated in this act from the bond proceeds fund, the
commissioner of management and budget shall sell and issue bonds of the state in an amount
up to $5,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota
Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, article XI,
sections 4 to 7.
new text end

new text begin EFFECTIVE DATE. new text end

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