Bill Text: MN SF1068 | 2011-2012 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Municipalities recreational use of school facilities or property civil immunity extension

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-18 - HF substituted on General Orders HF1343 [SF1068 Detail]

Download: Minnesota-2011-SF1068-Introduced.html

1.1A bill for an act
1.2relating to civil actions; providing immunity in certain cases involving the use of
1.3school facilities for recreational activities; amending Minnesota Statutes 2010,
1.4section 466.03, subdivision 6e, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2010, section 466.03, subdivision 6e, is amended to read:
1.7    Subd. 6e. Parks and recreation areas. Any claim based upon the construction,
1.8operation, or maintenance of any property owned or leased by the municipality that is
1.9intended or permitted to be used as a park, as an open area for recreational purposes, or for
1.10the provision of recreational services, or from any claim based on the clearing of land,
1.11removal of refuse, and creation of trails or paths without artificial surfaces, if the claim
1.12arises from a loss incurred by a user of park and recreation property or services. Nothing
1.13in this subdivision limits the liability of a municipality for conduct that would entitle a
1.14trespasser to damages against a private person, except as provided in subdivision 23.

1.15    Sec. 2. Minnesota Statutes 2010, section 466.03, is amended by adding a subdivision
1.16to read:
1.17    Subd. 23. Recreational use of school property and facilities. Any claim for a
1.18loss or injury occurring outside the school day arising from the use of school property
1.19or a school facility, including but not limited to a playground, sports field, gym, fitness
1.20room, pool, or any other indoor or outdoor area made available to the public and used
1.21for recreational use by members of the public, except that a school district is liable for
1.22conduct by the district or an officer, employee, or agent of the district that would entitle a
1.23trespasser to damages against a private person.

2.1    Sec. 3. EFFECTIVE DATE.
2.2Sections 1 and 2 are effective the day following final enactment and apply to causes
2.3of action arising on or after that date.
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