HF 3079

1st Unofficial Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

1.1                                        A bill for an act
1.2     relating to civil actions; limiting liability on tort claims brought against the state 
1.3     or a municipality; limiting liability on claims brought against a governmental 
1.4     unit participating in a joint venture or enterprise; amending Minnesota Statutes 
1.5     2004, sections 3.736, subdivision 4; 466.04, subdivision 1; 471.59, by adding a 
1.6     subdivision.
1.7     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8         Section 1. Minnesota Statutes 2004, section 3.736, subdivision 4, is amended to read:
1.9         Subd. 4. Limits. The total liability of the state and its employees acting within the 
1.10    scope of their employment on any tort claim shall not exceed:
1.11    (a) $300,000 when the claim is one for death by wrongful act or omission and 
1.12    $300,000 to any claimant in any other case, for claims arising before January 1, 2008;
1.13    (b) $400,000 when the claim is one for death by wrongful act or omission and 
1.14    $400,000 to any claimant in any other case, for claims arising on or after January 1, 
1.15    2008, and before July 1, 2009;
1.16    (c) $500,000 when the claim is one for death by wrongful act or omission and 
1.17    $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
1.18    (d) $750,000 for any number of claims arising out of a single occurrence, for claims 
1.19    arising on or after January 1, 1998, and before January 1, 2000; or
1.20    (c) (e) $1,000,000 for any number of claims arising out of a single occurrence, for 
1.21    claims arising on or after January 1, 2000., and before January 1, 2008; 
1.22    (f) $1,200,000 for any number of claims arising out of a single occurrence, for 
1.23    claims arising on or after January 1, 2008, and before July 1, 2009; or
1.24    (g) $1,500,000 for any number of claims arising out of a single occurrence, for 
1.25    claims arising on or after July 1, 2009.
2.1     If the amount awarded to or settled upon multiple claimants exceeds the applicable 
2.2     limit under clause (b) (d), (e), (f), or (c) (g), any party may apply to the district court to 
2.3     apportion to each claimant a proper share of the amount available under the applicable 
2.4     limit under clause (b) (d), (e), (f), or (c) (g). The share apportioned to each claimant shall 
2.5     be in the proportion that the ratio of the award or settlement bears to the aggregate awards 
2.6     and settlements for all claims arising out of the occurrence.
2.7     The limitation imposed by this subdivision on individual claimants includes damages 
2.8     claimed for loss of services or loss of support arising out of the same tort.
2.9     EFFECTIVE DATE.This section is effective January 1, 2008, and applies to 
2.10    claims arising from acts or omissions that occur on or after that date.

2.11        Sec. 2. Minnesota Statutes 2004, section 466.04, subdivision 1, is amended to read:
2.12        Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any 
2.13    claim within the scope of sections  466.01 to  466.15 shall not exceed: 
2.14    (1) $300,000 when the claim is one for death by wrongful act or omission and 
2.15    $300,000 to any claimant in any other case, for claims arising before January 1, 2008;
2.16    (2) $400,000 when the claim is one for death by wrongful act or omission and 
2.17    $400,000 to any claimant in any other case, for claims arising on or after January 1, 
2.18    2008, and before July 1, 2009;
2.19    (3) $500,000 when the claim is one for death by wrongful act or omission and 
2.20    $500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
2.21    (4) $750,000 for any number of claims arising out of a single occurrence, for claims 
2.22    arising on or after January 1, 1998, and before January 1, 2000;
2.23    (3) (5) $1,000,000 for any number of claims arising out of a single occurrence, for 
2.24    claims arising on or after January 1, 2000, and before January 1, 2008; or
2.25    (6) $1,200,000 for any number of claims arising out of a single occurrence, for 
2.26    claims arising on or after January 1, 2008, and before July 1, 2009;
2.27    (7) $1,500,000 for any number of claims arising out of a single occurrence, for 
2.28    claims arising on or after July 1, 2009; or
2.29    (4) (8) twice the limits provided in clauses (1) to (3) (7) when the claim arises out of 
2.30    the release or threatened release of a hazardous substance, whether the claim is brought 
2.31    under sections  115B.01 to  115B.15 or under any other law. 
2.32    (b) No award for damages on any such claim shall include punitive damages.
2.33    EFFECTIVE DATE.This section is effective January 1, 2008, and applies to 
2.34    claims arising from acts or omissions that occur on or after that date.

3.1         Sec. 3. Minnesota Statutes 2004, section 471.59, is amended by adding a subdivision 
3.2     to read:
3.3         Subd. 1a. Liability. (a) A governmental unit participating in a joint venture or joint 
3.4     enterprise, including participation in a cooperative activity undertaken pursuant to this 
3.5     section or other law, is not liable for the acts or omissions of another governmental unit 
3.6     participating in the joint venture or joint enterprise, unless the participating governmental 
3.7     unit has agreed in writing to be responsible for the acts or omissions of another 
3.8     participating governmental unit.
3.9     (b) For purposes of determining total liability for damages, the participating 
3.10    governmental units and the joint board, if one is established, are considered a single 
3.11    governmental unit and the total liability for the participating governmental units and the 
3.12    joint board, if established, shall not exceed the limits on governmental liability for a single 
3.13    governmental unit as specified in section 3.736 or 466.04, subdivision 1, or as waived or 
3.14    extended by the joint board or all participating governmental units under section 3.736, 
3.15    subdivision 8; 466.06; or 471.981. This paragraph does not protect a governmental unit 
3.16    from liability for its own independent acts or omissions not directly related to the joint 
3.17    activity.
3.18    (c) If a participating governmental unit has procured or extended insurance coverage 
3.19    pursuant to section 3.736, subdivision 8; 466.06; or 471.981 in excess of the limits on 
3.20    governmental liability under section 3.736 or 466.04, subdivision 1, covering participation 
3.21    in the joint venture or joint enterprise, the procurement of that insurance constitutes a 
3.22    waiver of the limits of governmental liability for that governmental unit to the extent that 
3.23    valid and collectable insurance or self-insurance, including, where applicable, proceeds 
3.24    from the Minnesota Guarantee Fund, exceeds those limits and covers that governmental 
3.25    unit's liability for the claim, if any.
3.26    EFFECTIVE DATE.This section is effective the day following final enactment, 
3.27    and applies to claims arising from acts or omissions that occur on or after that date.