SF 40

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; increasing the limit for 
  1.3             parental liability for certain damage caused by a 
  1.4             minor; providing for the recovery of damages resulting 
  1.5             from graffiti; amending Minnesota Statutes 2002, 
  1.6             section 540.18, subdivision 1; proposing coding for 
  1.7             new law in Minnesota Statutes, chapter 617. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 540.18, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  The parent or guardian of the person of a 
  1.12  minor who is under the age of 18 and who is living with the 
  1.13  parent or guardian and who willfully or maliciously causes 
  1.14  injury to any person or damage to any property is jointly and 
  1.15  severally liable with such minor for such injury or damage to an 
  1.16  amount not exceeding $1,000 $3,000, if such minor would have 
  1.17  been liable for such injury or damage if the minor had been an 
  1.18  adult.  Nothing in this subdivision shall be construed to 
  1.19  relieve such minor from personal liability for such injury or 
  1.20  damage.  The liability provided in this subdivision is in 
  1.21  addition to and not in lieu of any other liability which may 
  1.22  exist at law.  Recovery under this section shall be limited to 
  1.23  special damages. 
  1.24     Sec. 2.  [617.90] [GRAFFITI DAMAGE ACTION.] 
  1.25     Subdivision 1.  [DEFINITION.] For purposes of this section 
  1.26  "graffiti" means unauthorized markings of paint, dye, or other 
  2.1   similar substance that have been placed on real or personal 
  2.2   property such as buildings, fences, transportation equipment, or 
  2.3   other structures, or the unauthorized etching or scratching of 
  2.4   the surfaces of this real or personal property, any of which 
  2.5   markings, scratchings, or etchings are visible from premises 
  2.6   open to the public. 
  2.7      Subd. 2.  [CAUSE OF ACTION.] An action for damage to 
  2.8   property caused by graffiti may be brought by the owner of 
  2.9   public or private property on which graffiti has been placed or 
  2.10  by the owner's agent.  Damages may be recovered for three times 
  2.11  the cost of restoring the property, or the court may order an 
  2.12  indigent defendant to perform the work of restoring the 
  2.13  property.  Damages may be recovered from an individual who 
  2.14  placed graffiti on public or private real or personal property 
  2.15  or from the parent of a minor individual, as provided in section 
  2.16  540.18.  The court may award reasonable attorney fees and costs 
  2.17  to a prevailing plaintiff. 
  2.18     Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  2.19     This act is effective August 1, 2003, and applies to causes 
  2.20  of action arising on or after that date.