Bill Text: MN SF1068 | 2011-2012 | 87th Legislature | Engrossed
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-Engrossed.html
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-Engrossed.html
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. (a) Any claim for
1.18a loss or injury arising from the use of school property or a school facility that is made
1.19available for public recreational activity, including, but not limited to, a playground, sports
1.20field, gym, fitness room, or any other indoor or outdoor area.
1.21(b) Nothing in this subdivision:
2.1(1) limits the liability of a school district for conduct by the district or an officer,
2.2employee, or agent of the district that would entitle a trespasser to damages against a
2.3private person or for negligent maintenance of equipment; or
2.4(2) reduces any existing duty owed by the school district to students, staff, or other
2.5individuals authorized to be present on school property.
2.6 Sec. 3. EFFECTIVE DATE.
2.7Sections 1 and 2 are effective the day following final enactment and apply to causes
2.8of action arising on or after that date.
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. (a) Any claim for
1.18a loss or injury arising from the use of school property or a school facility that is made
1.19available for public recreational activity, including, but not limited to, a playground, sports
1.20field, gym, fitness room, or any other indoor or outdoor area.
1.21(b) Nothing in this subdivision:
2.1(1) limits the liability of a school district for conduct by the district or an officer,
2.2employee, or agent of the district that would entitle a trespasser to damages against a
2.3private person or for negligent maintenance of equipment; or
2.4(2) reduces any existing duty owed by the school district to students, staff, or other
2.5individuals authorized to be present on school property.
2.6 Sec. 3. EFFECTIVE DATE.
2.7Sections 1 and 2 are effective the day following final enactment and apply to causes
2.8of action arising on or after that date.
