HF 2792

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; providing for the 
  1.3             indemnification of local units of government 
  1.4             participating in household hazardous waste programs; 
  1.5             amending Minnesota Statutes 2000, section 115A.96, by 
  1.6             adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 115A.96, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 7.  [INDEMNIFICATION; LOCAL GOVERNMENT UNIT.] A local 
  1.11  government unit, when operating or participating in a household 
  1.12  hazardous waste management program pursuant to a contract with 
  1.13  the agency under this section or other law, is an employee of 
  1.14  the state, certified to be acting within the scope of 
  1.15  employment, for purposes of the indemnification provisions of 
  1.16  section 3.736, subdivision 9, for claims that arise out of the 
  1.17  transportation, management, or disposal of any waste covered by 
  1.18  the contract:  
  1.19     (1) from and after the time the waste permanently leaves 
  1.20  the local government unit's possession and comes into the 
  1.21  possession of the agency's authorized transporter; and 
  1.22     (2) during the time the waste is transported between local 
  1.23  government unit facilities by the agency's authorized 
  1.24  transporter.  
  1.25     The state is not obligated to defend or indemnify a local 
  1.26  government unit under this subdivision to the extent of the 
  2.1   local government unit's liability insurance.  The local 
  2.2   government's right to indemnity is not a waiver of the 
  2.3   limitations, defenses, and immunities available to either the 
  2.4   local government unit or the state by law.