Minnesota Session Laws - 2011, Regular Session

CHAPTER 57--H.F.No. 1343

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 arising from the use of school property or a school facility made available for public 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 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. 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

Presented to the governor May 23, 2011

Signed by the governor May 24, 2011, 2:23 p.m.