HF 2709

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 01:17pm

A bill for an act
relating to civil actions; specifying immunity for certain entities in the event of
an emergency or disaster; amending Minnesota Statutes 2008, sections 12.03, by
adding a subdivision; 12.22, subdivision 2a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 12.03, is amended by adding a subdivision
to read:

new text begin Subd. 4e. new text end

new text begin Entity. new text end

new text begin "Entity" includes a firm, corporation, association, limited liability
company, partnership, limited liability partnership, nonprofit organization, or other
business, religious, or charitable organization.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 12.22, subdivision 2a, is amended to read:

Subd. 2a.

Volunteer protections.

(a) deleted text begin Individuals deleted text end new text begin Persons new text end who volunteer to assist
a local political subdivision new text begin in preparation for or new text end during an emergency or disaster, who
register with that subdivision, and who are under the direction and control of that
subdivision are considered an employee new text begin or agent new text end of that subdivision for purposes of
workers' compensation and tort claim defense and indemnification.

(b) deleted text begin Individuals deleted text end new text begin Persons new text end who volunteer to assist the state new text begin in preparation for or new text end during
an emergency or disaster, who register with a state agency, and who are under the direction
and control of the state agency are considered an employee new text begin or agent new text end of the state for
purposes of workers' compensation and tort claim defense and indemnification.

(c) Notwithstanding qualification for volunteer protection under paragraph (a) or
(b), a Minnesota Responds Medical Reserve Corps volunteer under sections 145A.04 to
145A.06, responding at the request of the commissioner of health, must receive state
workers' compensation benefits and tort claim defense and indemnification as provided in
section 145A.06, subdivision 7.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to actions accruing on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 12.22, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Entity volunteer protections. new text end

new text begin (a) An entity or an agent acting on behalf
of the entity who volunteers to assist a local jurisdiction during an emergency or disaster,
who previously registers with that jurisdiction, and who is under the direction and control
of the local jurisdiction is not liable for civil damages or administrative sanctions as
a result of good-faith acts or omissions by that entity or agent in rendering emergency
care, advice, or assistance.
new text end

new text begin (b) An entity or an agent acting on behalf of the entity who volunteers to assist the
state during an emergency or disaster, who previously registers with a state agency, and
who is under the direction and control of the state agency is not liable for civil damages or
administrative sanctions as a result of good-faith acts or omissions by that entity or agent
in rendering emergency care, advice, or assistance.
new text end

new text begin (c) This subdivision does not apply if the entity or agent acts in a willful and wanton
or reckless manner in providing the care, advice, or assistance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to actions accruing on or after the date.
new text end