HF 32

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/16/2011 04:36pm

A bill for an act
relating to civil law; providing state and municipal liability for certain claims
involving certain nonprofit organizations; amending Minnesota Statutes 2010,
sections 3.736, subdivision 4; 466.04, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 3.736, subdivision 4, is amended to read:

Subd. 4.

Limits.

The total liability of the state and its employees acting within the
scope of their employment on any tort claim shall not exceed:

(a) $300,000 when the claim is one for death by wrongful act or omission and
$300,000 to any claimant in any other case, for claims arising before August 1, 2007;

(b) $400,000 when the claim is one for death by wrongful act or omission and
$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007,
and before July 1, 2009;

(c) $500,000 when the claim is one for death by wrongful act or omission and
$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;

(d) $750,000 for any number of claims arising out of a single occurrence, for claims
arising on or after January 1, 1998, and before January 1, 2000;

(e) $1,000,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2000, and before January 1, 2008 new text begin , and for claims
involving nonprofit organizations engaged in or administering outdoor recreational
activities funded in whole or in part by the state or operating under the authorization of
a permit issued by an agency or department of the state new text end ;

(f) $1,200,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2008, and before July 1, 2009; or

(g) $1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2009.

If the amount awarded to or settled upon multiple claimants exceeds the applicable
limit under clause (d), (e), (f), or (g), any party may apply to the district court to apportion
to each claimant a proper share of the amount available under the applicable limit under
clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in the proportion
that the ratio of the award or settlement bears to the aggregate awards and settlements for
all claims arising out of the occurrence.

The limitation imposed by this subdivision on individual claimants includes damages
claimed for loss of services or loss of support arising out of the same tort.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to claims arising from acts or omissions that occur on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 466.04, subdivision 1, is amended to read:

Subdivision 1.

Limits; punitive damages.

(a) Liability of any municipality on any
claim within the scope of sections 466.01 to 466.15 shall not exceed:

(1) $300,000 when the claim is one for death by wrongful act or omission and
$300,000 to any claimant in any other case, for claims arising before January 1, 2008;

(2) $400,000 when the claim is one for death by wrongful act or omission and
$400,000 to any claimant in any other case, for claims arising on or after January 1,
2008, and before July 1, 2009;

(3) $500,000 when the claim is one for death by wrongful act or omission and
$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;

(4) $750,000 for any number of claims arising out of a single occurrence, for claims
arising on or after January 1, 1998, and before January 1, 2000;

(5) $1,000,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2000, and before January 1, 2008 new text begin , and for claims
involving nonprofit organizations engaged in or administering outdoor recreational
activities funded in whole or in part by a municipality or operating under the authorization
of a permit issued by a municipality new text end ;

(6) $1,200,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2008, and before July 1, 2009;

(7) $1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2009; or

(8) twice the limits provided in clauses (1) to (7) when the claim arises out of the
release or threatened release of a hazardous substance, whether the claim is brought under
sections 115B.01 to 115B.15 or under any other law.

(b) No award for damages on any such claim shall include punitive damages.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to claims arising from acts or omissions that occur on or after that date.
new text end