HF 2330

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to tort liability of political subdivisions; 
  1.3             changing the municipal liability status with respect 
  1.4             to certain day care and child care claims; amending 
  1.5             Minnesota Statutes 2002, section 466.03, subdivision 
  1.6             6d, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 466.03, 
  1.9   subdivision 6d, is amended to read: 
  1.10     Subd. 6d.  [LICENSING OF PROVIDERS.] A claim against a 
  1.11  municipality based on the failure of a provider to meet the 
  1.12  standards needed for a license to operate a day care facility 
  1.13  under chapter 245A for children, unless the municipality had 
  1.14  actual knowledge of a failure to meet licensing standards that 
  1.15  resulted in a dangerous condition that foreseeably threatened 
  1.16  the plaintiff.  A municipality shall be immune from liability 
  1.17  for a claim arising out of a provider's use of a swimming pool 
  1.18  located at a family day care or group family day care home under 
  1.19  section 245A.14, subdivision 10, unless the municipality had 
  1.20  actual knowledge of a provider's failure to meet the licensing 
  1.21  standards under section 245A.14, subdivision 10, paragraph (a), 
  1.22  clauses (1) to (3), that resulted in a dangerous condition that 
  1.23  foreseeably threatened the plaintiff. 
  1.24     Sec. 2.  Minnesota Statutes 2002, section 466.03, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 6g.  [AUTHORIZATION FOR NONLICENSED PROVIDERS.] A 
  2.1   municipality shall be immune from liability for a claim arising 
  2.2   out of the municipality's authorization for payment to a legal 
  2.3   nonlicensed family child care provider under section 119B.125. 
  2.4      Sec. 3.  [EFFECTIVE DATE.] 
  2.5      This act is effective the day after final enactment.