HF 1343

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 04/14/2011 03:08pm

A bill for an act
relating to civil actions; providing immunity in certain cases involving the use of
school facilities for recreational activities; amending Minnesota Statutes 2010,
section 466.03, subdivision 6e, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 466.03, subdivision 6e, is amended to read:

Subd. 6e.

Parks and recreation areas.

Any claim based upon the construction,
operation, or maintenance of any property owned or leased by the municipality that is
intended or permitted to be used as a park, as an open area for recreational purposes, or for
the provision of recreational services, or from any claim based on the clearing of land,
removal of refuse, and creation of trails or paths without artificial surfaces, if the claim
arises from a loss incurred by a user of park and recreation property or services. Nothing
in this subdivision limits the liability of a municipality for conduct that would entitle a
trespasser to damages against a private person new text begin , except as provided in subdivision 23 new text end .

Sec. 2.

Minnesota Statutes 2010, section 466.03, is amended by adding a subdivision
to read:

new text begin Subd. 23. new text end

new text begin Recreational use of school property and facilities. new text end

new text begin (a) Any claim for a
loss or injury occurring while school is not in session arising from the use of school
property or a school facility, including but not limited to a playground, sports field, gym,
fitness room, pool, or any other indoor or outdoor area made available to the public for
recreational activity.
new text end

new text begin (b) Nothing in this subdivision:
new text end

new text begin (1) limits the liability of a school district for conduct by the district or an officer,
employee, or agent of the district that would entitle a trespasser to damages against a
private person; or
new text end

new text begin (2) reduces any existing duty owed by the school district to students, staff, or other
individuals authorized to be present on school property while school is in session.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment and apply to causes
of action arising on or after that date.
new text end