1.1                          A bill for an act 
  1.2             relating to public safety; requiring bleacher safety; 
  1.3             providing penalties; appropriating money; amending 
  1.4             Minnesota Statutes 1998, sections 16B.72; 16B.73; and 
  1.5             240A.09; proposing coding for new law in Minnesota 
  1.6             Statutes, chapters 16B; and 325F. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [16B.616] [BLEACHER SAFETY.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.10  section, the following terms have the meanings given. 
  1.11     (b) "Place of public accommodation" means a public or 
  1.12  privately owned sports or entertainment arena, gymnasium, 
  1.13  auditorium, stadium, hall, special event center in a public 
  1.14  park, or other facility for public assembly. 
  1.15     (c) "Bleacher" refers to any tiered or stepped seating 
  1.16  facility, whether temporary or permanent, used in a place of 
  1.17  public accommodation for the seating of its occupants. 
  1.18     Subd. 2.  [APPLICATION.] All places of public accommodation 
  1.19  must comply with the provisions of this section. 
  1.20     Subd. 3.  [SAFETY REQUIREMENTS.] In places of public 
  1.21  accommodation using bleacher seating, all bleachers or bleacher 
  1.22  open spaces over 60 inches above grade or the floor below, must 
  1.23  conform to the following safety requirements: 
  1.24     (1) The open space between bleacher footboards, seats, and 
  1.25  guardrails must not exceed four inches, unless approved safety 
  1.26  nets are installed. 
  2.1      (2) Bleachers must have vertical perimeter guardrails with 
  2.2   no more than four-inch rail spacing between vertical rails or 
  2.3   other approved guardrails which address climbability and are 
  2.4   designed to prevent accidents.  Safety nets and guardrail 
  2.5   climbability shall be approved by the state building official 
  2.6   pursuant to the alternate design section in the State Building 
  2.7   Code.  
  2.8      (3) Bleachers already in existence as of the effective date 
  2.9   of this act must comply with the structural provisions of the 
  2.10  1998 State Building Code.  All new bleachers manufactured, 
  2.11  installed, sold, or distributed after July 1, 1999, must comply 
  2.12  with the State Building Code in effect and paragraphs (1) and 
  2.13  (2). 
  2.14     Subd. 4.  [ENFORCEMENT.] (a) A statutory or home rule 
  2.15  charter city that is not covered by the code because of action 
  2.16  taken under section 16B.72 or 16B.73 is responsible for 
  2.17  enforcement in the city of the code's requirements for bleacher 
  2.18  safety.  In all other areas where the code does not apply 
  2.19  because of action taken under section 16B.72 or 16B.73, the 
  2.20  county is responsible for enforcement of those requirements. 
  2.21     (b) Municipalities which have not adopted the code may 
  2.22  enforce the code requirements for bleacher safety by either 
  2.23  entering into a joint powers agreement for enforcement with 
  2.24  another municipality which has adopted the code; or contracting 
  2.25  for enforcement with a qualified and certified building official 
  2.26  or state licensed design professional to enforce the code. 
  2.27     (c) Municipalities, school districts, organizations, 
  2.28  individuals, and other persons, operating or owning places of 
  2.29  public accommodation with bleachers, shall provide a signed 
  2.30  certificate of compliance to the commissioner by the effective 
  2.31  date of this section.  The signed certificate shall be prepared 
  2.32  by a qualified and certified building official or state licensed 
  2.33  design professional and shall certify that the bleachers have 
  2.34  been inspected and are in compliance with the requirements of 
  2.35  this section and are structurally sound. 
  2.36     Subd. 5.  [PENALTIES.] The commissioner, in addition to 
  3.1   other remedies provided for violations of this chapter, shall 
  3.2   forbid use of bleachers not in compliance with this section 
  3.3   consistent with priorities established in rule. 
  3.4      Subd. 6.  [PERIODIC INSPECTIONS.] At a minimum, bleacher 
  3.5   footboards and guardrails must be reinspected every five years 
  3.6   and a structural inspection must be made every ten years.  
  3.7   Nothing in this section precludes a municipal authority from 
  3.8   establishing additional reinspections pursuant to the State 
  3.9   Building Code.  Inspections can be completed in the same manner 
  3.10  as provided in subdivision 4. 
  3.11     Subd. 7.  [EXISTING BLEACHERS.] Bleachers already in 
  3.12  existence on the effective date of this act that have signs that 
  3.13  limit children under the age of 10 to sitting in the first three 
  3.14  rows need not comply with any increased requirements in this act.
  3.15     Sec. 2.  Minnesota Statutes 1998, section 16B.72, is 
  3.16  amended to read: 
  3.17     16B.72 [REFERENDA ON STATE BUILDING CODE IN NONMETROPOLITAN 
  3.18  COUNTIES.] 
  3.19     Notwithstanding any other provision of law to the contrary, 
  3.20  a county that is not a metropolitan county as defined by section 
  3.21  473.121, subdivision 4, may provide, by a vote of the majority 
  3.22  of its electors residing outside of municipalities that have 
  3.23  adopted the State Building Code before January 1, 1977, that no 
  3.24  part of the State Building Code except the building requirements 
  3.25  for handicapped persons, the requirements for bleacher safety, 
  3.26  and the requirements for elevator safety applies within its 
  3.27  jurisdiction.  
  3.28     The county board may submit to the voters at a regular or 
  3.29  special election the question of adopting the building code.  
  3.30  The county board shall submit the question to the voters if it 
  3.31  receives a petition for the question signed by a number of 
  3.32  voters equal to at least five percent of those voting in the 
  3.33  last general election.  The question on the ballot must be 
  3.34  stated substantially as follows:  
  3.35     "Shall the State Building Code be adopted in .......... 
  3.36  County?"  
  4.1      If the majority of the votes cast on the proposition is in 
  4.2   the negative, the State Building Code does not apply in the 
  4.3   subject county, outside home rule charter or statutory cities or 
  4.4   towns that adopted the building code before January 1, 1977, 
  4.5   except the building requirements for handicapped persons, the 
  4.6   requirements for bleacher safety, and the requirements for 
  4.7   elevator safety do apply.  
  4.8      Nothing in this section precludes a municipality or town 
  4.9   that has not adopted the State Building Code from adopting and 
  4.10  enforcing by ordinance or other legal means the State Building 
  4.11  Code within its jurisdiction.  
  4.12     Sec. 3.  Minnesota Statutes 1998, section 16B.73, is 
  4.13  amended to read: 
  4.14     16B.73 [STATE BUILDING CODE IN MUNICIPALITIES UNDER 2,500; 
  4.15  LOCAL OPTION.] 
  4.16     The governing body of a municipality whose population is 
  4.17  less than 2,500 may provide that the State Building Code, except 
  4.18  the requirements for handicapped persons, the requirements for 
  4.19  bleacher safety, and the requirements for elevator safety, will 
  4.20  not apply within the jurisdiction of the municipality, if the 
  4.21  municipality is located in whole or in part within a county 
  4.22  exempted from its application under section 16B.72.  If more 
  4.23  than one municipality has jurisdiction over an area, the State 
  4.24  Building Code continues to apply unless all municipalities 
  4.25  having jurisdiction over the area have provided that the State 
  4.26  Building Code, except the requirements for handicapped persons, 
  4.27  the requirements for bleacher safety, and the requirements for 
  4.28  elevator safety, does not apply within their respective 
  4.29  jurisdictions.  Nothing in this section precludes a municipality 
  4.30  or town from adopting and enforcing by ordinance or other legal 
  4.31  means the State Building Code within its jurisdiction. 
  4.32     Sec. 4.  Minnesota Statutes 1998, section 240A.09, is 
  4.33  amended to read: 
  4.34     240A.09 [PLAN DEVELOPMENT; CRITERIA.] 
  4.35     The Minnesota amateur sports commission shall develop a 
  4.36  plan to promote the development of proposals for new statewide 
  5.1   public ice facilities including proposals for ice centers and 
  5.2   matching grants based on the criteria in this section. 
  5.3      (a) For ice center proposals, the commission will give 
  5.4   priority to proposals that come from more than one local 
  5.5   government unit. 
  5.6      (b) In the metropolitan area as defined in section 473.121, 
  5.7   subdivision 2, the commission is encouraged to give priority to 
  5.8   the following proposals: 
  5.9      (1) proposals for construction of two or more ice sheets in 
  5.10  a single new facility; 
  5.11     (2) proposals for construction of an additional sheet of 
  5.12  ice at an existing ice center; 
  5.13     (3) proposals for construction of a new, single sheet of 
  5.14  ice as part of a sports complex with multiple sports facilities; 
  5.15  and 
  5.16     (4) proposals for construction of a new, single sheet of 
  5.17  ice that will be expanded to a two-sheet facility in the future. 
  5.18     (c) The commission shall administer a site selection 
  5.19  process for the ice centers.  The commission shall invite 
  5.20  proposals from cities or counties or consortia of cities.  A 
  5.21  proposal for an ice center must include matching contributions 
  5.22  including in-kind contributions of land, access roadways and 
  5.23  access roadway improvements, and necessary utility services, 
  5.24  landscaping, and parking. 
  5.25     (d) Proposals for ice centers and matching grants must 
  5.26  provide for meeting the demand for ice time for female groups by 
  5.27  offering up to 50 percent of prime ice time, as needed, to 
  5.28  female groups.  For purposes of this section, prime ice time 
  5.29  means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 
  5.30  9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.  
  5.31     (e) The location for all proposed facilities must be in 
  5.32  areas of maximum demonstrated interest and must maximize 
  5.33  accessibility to an arterial highway. 
  5.34     (f) To the extent possible, all proposed facilities must be 
  5.35  dispersed equitably, must be located to maximize potential for 
  5.36  full utilization and profitable operation, and must accommodate 
  6.1   noncompetitive family and community skating for all ages. 
  6.2      (g) The commission may also use the funds to upgrade 
  6.3   current facilities, purchase girls' ice time, or conduct amateur 
  6.4   women's hockey and other ice sport tournaments. 
  6.5      (h) To the extent possible, 50 percent of all grants must 
  6.6   be awarded to communities in greater Minnesota.  
  6.7      (i) To the extent possible, technical assistance shall be 
  6.8   provided to Minnesota communities by the commission on ice arena 
  6.9   planning, design, and operation, including the marketing of ice 
  6.10  time. 
  6.11     (j) The commission may use funds for rehabilitation and 
  6.12  renovation grants.  Priority must be given to grant applications 
  6.13  for indoor air quality improvements, including zero emission ice 
  6.14  resurfacing equipment. 
  6.15     (k) Grant funds may be used for ice centers designed for 
  6.16  sports other than hockey. 
  6.17     (l) Grant funds may be used to upgrade current facilities 
  6.18  so they are in compliance with the bleacher safety requirements 
  6.19  of section 16B.616. 
  6.20     Sec. 5.  [325F.015] [UNSAFE BLEACHERS.] 
  6.21     Subdivision 1.  [BLEACHER BAN.] No person shall 
  6.22  manufacture, sell, distribute, or install bleachers within 
  6.23  Minnesota that are not in compliance with section 16B.616.  For 
  6.24  purposes of this section, "person" means an individual, public 
  6.25  or private entity, however organized, or a unit of state or 
  6.26  local government. 
  6.27     Subd. 2.  [PENALTY.] Any person who violates this section 
  6.28  shall be subject to a civil penalty of $500 for each violation. 
  6.29     Sec. 6.  [APPROPRIATION.] 
  6.30     $500,000 is appropriated from the general fund to the 
  6.31  commissioner of administration to help the commissioner achieve 
  6.32  compliance with the bleacher safety requirements of Minnesota 
  6.33  Statutes, section 16B.616, and for the purpose of making grants 
  6.34  to publicly owned places of public accommodation to assist them 
  6.35  in achieving compliance with the bleacher safety requirements of 
  6.36  Minnesota Statutes, section 16B.616.  The commissioner shall 
  7.1   transfer money to the Minnesota amateur sports commission to 
  7.2   make grants under this section.  The Minnesota amateur sports 
  7.3   commission shall give highest priority to grant requests from 
  7.4   political subdivisions for whom the cost of compliance is the 
  7.5   greatest financial hardship.  State grants are available when 
  7.6   the Minnesota amateur sports commission has determined matching 
  7.7   funds in an amount equal to the grant have been committed.  This 
  7.8   is a one-time appropriation and is available until June 30, 2001.
  7.9      Sec. 7.  [CONSTRUCTION.] 
  7.10     Notwithstanding Minnesota Statutes, section 645.26 or other 
  7.11  law to the contrary, section 6 of this act prevails over any 
  7.12  irreconcilable provision passed in the same legislative session 
  7.13  that appropriates money for the purpose of making grants to 
  7.14  achieve compliance with bleacher safety requirements. 
  7.15     Sec. 8.  [EFFECTIVE DATE.] 
  7.16     Sections 1, 2, 3, and 5 are effective January 1, 2001, 
  7.17  except the provisions governing manufacture, sale, installation, 
  7.18  or distribution of new bleachers are effective July 1, 1999.