SF 556

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to municipalities; making certain changes to 
  1.3             municipal liability; amending Minnesota Statutes 1998, 
  1.4             sections 466.01, subdivision 1; 466.03, subdivision 
  1.5             6e, and by adding a subdivision; 604A.20; 604A.21, 
  1.6             subdivisions 2, 3, 4, 5, 6, and by adding a 
  1.7             subdivision; 604A.22; and 604A.25. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 466.01, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [MUNICIPALITY.] For the purposes of 
  1.12  sections 466.01 to 466.15, "municipality" means any city, 
  1.13  whether organized under home rule charter or otherwise, any 
  1.14  county, town, public authority, public corporation, nonprofit 
  1.15  firefighting corporation that has associated with it a relief 
  1.16  association as defined in section 424A.001, subdivision 4, 
  1.17  special district, school district, however organized, county 
  1.18  agricultural society organized pursuant to chapter 38, municipal 
  1.19  power agency, joint powers board or organization created under 
  1.20  section 471.59 or other statute, public library, regional public 
  1.21  library system, multicounty multitype library system, family 
  1.22  services collaborative established under section 124D.23, 
  1.23  children's mental health collaboratives established under 
  1.24  sections 245.491 to 245.496, or a collaborative established by 
  1.25  the merger of a children's mental health collaborative and a 
  1.26  family services collaborative, other political subdivision, or 
  2.1   community action agency. 
  2.2      Sec. 2.  Minnesota Statutes 1998, section 466.03, 
  2.3   subdivision 6e, is amended to read: 
  2.4      Subd. 6e.  [PARKS AND RECREATION AREAS.] Any claim barred 
  2.5   under sections 604A.20 to 604A.27, or otherwise based upon the 
  2.6   construction, operation, use, or maintenance of any property 
  2.7   owned or leased by or from the municipality that is intended or 
  2.8   permitted to be used as a park, a trail with or without 
  2.9   artificial surfaces, as an open area for recreational purposes, 
  2.10  or for the provision of recreational services, or from any claim 
  2.11  based on the clearing of land, removal of refuse, and creation 
  2.12  of trails or paths without artificial surfaces, if the claim 
  2.13  arises from a loss incurred by a user of park and recreation 
  2.14  property or services.  Nothing in this subdivision limits the 
  2.15  liability of a municipality for conduct that would entitle a 
  2.16  trespasser to damages against a private person, except to the 
  2.17  extent such liability is limited under sections 604A.20 to 
  2.18  604A.27. 
  2.19     Sec. 3.  Minnesota Statutes 1998, section 466.03, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 19.  [MUNICIPAL POWER AGENCY LANDS.] Any claim 
  2.22  against a municipal power agency for injuries incurred by a 
  2.23  person using land owned by the municipal power agency for 
  2.24  recreational trail use or for a recreational purpose, except 
  2.25  that the municipal power agency is liable for conduct that would 
  2.26  entitle such person to damages under sections 604A.20 to 
  2.27  604A.27.  The terms "land," "recreational trail use," and 
  2.28  "recreational purpose," as used in this subdivision, have the 
  2.29  meanings defined in section 604A.21. 
  2.30     Sec. 4.  Minnesota Statutes 1998, section 604A.20, is 
  2.31  amended to read: 
  2.32     604A.20 [POLICY.] 
  2.33     It is the policy of this state, in furtherance of the 
  2.34  public health and welfare, to encourage and promote the use of 
  2.35  privately owned lands and waters by the public for beneficial 
  2.36  recreational purposes, and the provisions of sections 604A.20 to 
  3.1   604A.27 are enacted to that end. 
  3.2      Sec. 5.  Minnesota Statutes 1998, section 604A.21, 
  3.3   subdivision 2, is amended to read: 
  3.4      Subd. 2.  [CHARGE, CHARGES.] "Charge" means any admission 
  3.5   price asked or charged for services, entertainment, recreational 
  3.6   use, or other activity or the offering of products for sale to 
  3.7   the recreational user by a commercial for profit enterprise 
  3.8   directly related to the use of the land.  In the case of land 
  3.9   leased or dedicated to the state or a political subdivision, any 
  3.10  consideration received from the state or political subdivision 
  3.11  by the owner for the lease or dedication is not considered a 
  3.12  charge.  "Charges" means imposes a charge. 
  3.13     Sec. 6.  Minnesota Statutes 1998, section 604A.21, is 
  3.14  amended by adding a subdivision to read: 
  3.15     Subd. 2a.  [DEDICATED.] "Dedicated" means made available by 
  3.16  easement, license, permit, or other authorization. 
  3.17     Sec. 7.  Minnesota Statutes 1998, section 604A.21, 
  3.18  subdivision 3, is amended to read: 
  3.19     Subd. 3.  [LAND.] "Land" means privately owned or leased 
  3.20  land, roads, water, watercourses, private ways and buildings, 
  3.21  structures and other improvements to land, and machinery or 
  3.22  equipment when attached to the land which is owned, leased, or 
  3.23  occupied by an owner. 
  3.24     Sec. 8.  Minnesota Statutes 1998, section 604A.21, 
  3.25  subdivision 4, is amended to read: 
  3.26     Subd. 4.  [OWNER.] "Owner" means the possessor of a fee 
  3.27  interest or a life estate, tenant, lessee, occupant, holder of a 
  3.28  utility easement, or person in control of the land. 
  3.29     Sec. 9.  Minnesota Statutes 1998, section 604A.21, 
  3.30  subdivision 5, is amended to read: 
  3.31     Subd. 5.  [RECREATIONAL PURPOSE.] "Recreational purpose" 
  3.32  includes, but is not limited to, hunting; trapping; fishing; 
  3.33  swimming; boating; camping; picnicking; hiking; bicycling; 
  3.34  horseback riding; firewood gathering; pleasure driving, 
  3.35  including snowmobiling and the operation of any motorized 
  3.36  vehicle or conveyance upon a road or upon or across land in any 
  4.1   manner, including recreational trail use; nature study; water 
  4.2   skiing; winter sports; and viewing or enjoying historical, 
  4.3   archaeological, scenic, or scientific sites.  Without 
  4.4   limitation, recreational purpose includes any use of or presence 
  4.5   on land of the owner adjoining the land on which use for a 
  4.6   recreational purpose is authorized by persons who stray off, 
  4.7   with or without actual or implied authority, the land on which 
  4.8   use for a recreational purpose is authorized. 
  4.9      Sec. 10.  Minnesota Statutes 1998, section 604A.21, 
  4.10  subdivision 6, is amended to read: 
  4.11     Subd. 6.  [RECREATIONAL TRAIL USE.] "Recreational trail 
  4.12  use" means use on or about a trail, including but not limited 
  4.13  to, hunting, trapping, fishing, hiking, bicycling, skiing, 
  4.14  horseback riding, snowmobile riding, and motorized trail riding. 
  4.15  Without limitation, recreational trail use includes any use of 
  4.16  or presence on lands of the owner adjoining the trail by persons 
  4.17  who stray off, with or without actual or implied authority, the 
  4.18  trail. 
  4.19     Sec. 11.  Minnesota Statutes 1998, section 604A.22, is 
  4.20  amended to read: 
  4.21     604A.22 [OWNER'S DUTY OF CARE OR DUTY TO GIVE WARNINGS.] 
  4.22     Except as provided in section 604A.25, an owner who gives 
  4.23  written or oral permission for the use of the land for 
  4.24  recreational purposes without charge: 
  4.25     (1) owes no duty of care to render or maintain the land or 
  4.26  any neighboring land safe for entry or use by other persons for 
  4.27  recreational purpose; 
  4.28     (2) owes no duty to warn those persons of any dangerous 
  4.29  condition on the land or any neighboring land, whether patent or 
  4.30  latent or natural or artificial; 
  4.31     (3) owes no duty of care toward those persons except to 
  4.32  refrain from willfully taking action to cause injury; and 
  4.33     (4) owes no duty to curtail use of the land or any 
  4.34  neighboring land during its use for recreational purpose. 
  4.35     Sec. 12.  Minnesota Statutes 1998, section 604A.25, is 
  4.36  amended to read: 
  5.1      604A.25 [OWNER'S LIABILITY; NOT LIMITED.] 
  5.2      Except for willful acts done for the purpose of causing 
  5.3   injury to such person, a person may not maintain an action and 
  5.4   obtain relief at law against an owner for any cause of action, 
  5.5   including without limitation, an action based upon conduct 
  5.6   which, at law, entitles a trespasser to maintain an action and 
  5.7   obtain relief for the conduct complained of if the entry by such 
  5.8   person upon the land of the owner is incidental to or arises 
  5.9   from access granted for the recreational trail use of land or 
  5.10  neighboring land dedicated, leased, or permitted by the owners 
  5.11  for recreational trail use. 
  5.12     Except as set forth in this section, nothing in sections 
  5.13  604A.20 to 604A.27 limits liability that otherwise exists: 
  5.14     (1) for conduct which, at law, entitles a trespasser to 
  5.15  maintain an action and obtain relief for the conduct complained 
  5.16  of; or 
  5.17     (2) for injury suffered in any case where the owner charges 
  5.18  the persons who enter or go on the land for the recreational 
  5.19  purpose, except that in the case of land leased to the state or 
  5.20  a political subdivision, any consideration received from the 
  5.21  state or political subdivision by the owner for the lease is not 
  5.22  considered a charge within the meaning of this section. 
  5.23     Except for conduct set forth in section 604A.22, clause 
  5.24  (3), a person may not maintain an action and obtain relief at 
  5.25  law for conduct referred to by clause (1) if the entry upon the 
  5.26  land is incidental to or arises from access granted for the 
  5.27  recreational trail use of land dedicated, leased, or permitted 
  5.28  by the owners for recreational trail use for such entry.