as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2018 10:40am
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:
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(a) The definitions in this subdivision apply to this section.
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(b) "Assistance animal" means an animal that assists, supports, or provides a service to
a person with a disability.
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(c) "Owner" means the owner of real property or an operator, manager, lessor, or other
agent of the owner.
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(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.
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(a) An owner of real property is not liable for any injury or damage
caused by an assistance animal if:
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(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
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(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.
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(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.
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