HF 3385

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 05:56pm

A bill for an act
relating to civil actions; specifying immunity from liability for real property owners
required to provide access to assistance animals; proposing coding for new law in
Minnesota Statutes, chapter 604A.

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

Section 1.

new text begin [604A.302] ASSISTANCE ANIMAL ACCESS TO REAL PROPERTY;
PROPERTY OWNER IMMUNITY FROM LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Assistance animal" means an animal that assists, supports, or provides a service to
a person with a disability.
new text end

new text begin (c) "Owner" means the owner of real property or an operator, manager, lessor, or other
agent of the owner.
new text end

new text begin (d) "Real property" includes any physical location or portion of real property that federal
or state law or local ordinance requires to be accessible to a person with a disability who is
using an assistance animal.
new text end

new text begin Subd. 2. new text end

new text begin Immunity. new text end

new text begin (a) An owner of real property is not liable for any injury or damage
caused by an assistance animal if:
new text end

new text begin (1) the owner believes in good faith that the animal is an assistance animal or the
individual using the assistance animal represents that the animal is an assistance animal;
and
new text end

new text begin (2) the injury or damage is not caused by the negligence of the owner of the real property
and the owner is not liable under section 347.22.
new text end

new text begin (b) An owner does not have a duty to determine the existence of an exception to the
applicable law that would allow the owner to deny access to the real property by a person
using an assistance animal.
new text end