HF 1494

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am

A bill for an act
relating to civil actions; providing for wrongful death actions by domestic
partners; amending Minnesota Statutes 2008, sections 3.736, subdivision 6;
466.05, subdivision 2; 573.02, subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2008, section 3.736, subdivision 6, is amended to read:

Subd. 6.

Claims for wrongful death; notice.

new text begin (a) new text end When the claim is one for death
by wrongful act or omission, the notice may be presented by the personal representative,
surviving spouse new text begin or surviving domestic partner new text end , or next of kin, or the consular officer of
the foreign country of which the deceased was a citizen, within one year after the alleged
injury or loss resulting in the death. If the person for whose death the claim is made has
presented a notice that would have been sufficient had the person lived, an action for
wrongful death may be brought without additional notice.

new text begin (b) For purposes of this subdivision, "domestic partner" has the meaning given in
section 573.02, subdivision 1, paragraph (c).
new text end

Sec. 2.

Minnesota Statutes 2008, section 466.05, subdivision 2, is amended to read:

Subd. 2.

Claims for wrongful death; notice.

new text begin (a) new text end When the claim is one for death
by wrongful act or omission, the notice may be presented by the personal representative,
surviving spouse new text begin or surviving domestic partner new text end , or next of kin, or the consular officer of
the foreign country of which the deceased was a citizen, within one year after the alleged
injury or loss resulting in such death; if the person for whose death the claim is made has
presented a notice that would have been sufficient had the person lived an action for
wrongful death may be brought without any additional notice.

new text begin (b) For purposes of this subdivision, "domestic partner" has the meaning given in
section 573.02, subdivision 1, paragraph (c).
new text end

Sec. 3.

Minnesota Statutes 2008, section 573.02, subdivision 1, is amended to read:

Subdivision 1.

Death action.

new text begin (a) new text end When death is caused by the wrongful act or
omission of any person or corporation, the trustee appointed as provided in subdivision 3
may maintain an action therefor if the decedent might have maintained an action, had the
decedent lived, for an injury caused by the wrongful act or omission. An action to recover
damages for a death caused by the alleged professional negligence of a physician, surgeon,
dentist, hospital or sanitarium, or an employee of a physician, surgeon, dentist, hospital or
sanitarium shall be commenced within three years of the date of death, but in no event
shall be commenced beyond the time set forth in section 541.076. An action to recover
damages for a death caused by an intentional act constituting murder may be commenced
at any time after the death of the decedent. Any other action under this section may be
commenced within three years after the date of death provided that the action must be
commenced within six years after the act or omission. The recovery in the action is the
amount the jury deems fair and just in reference to the pecuniary loss resulting from the
death, and shall be for the exclusive benefit of the surviving spouse new text begin or surviving domestic
partner new text end and next of kin, proportionate to the pecuniary loss severally suffered by the death.
The court then determines the proportionate pecuniary loss of the persons entitled to the
recovery and orders distribution accordingly. Funeral expenses and any demand for the
support of the decedent allowed by the court having jurisdiction of the action, are first
deducted and paid. Punitive damages may be awarded as provided in section 549.20.

new text begin (b) new text end If an action for the injury was commenced by the decedent and not finally
determined while living, it may be continued by the trustee for recovery of damages for
the exclusive benefit of the surviving spouse new text begin or surviving domestic partner new text end and next of
kin, proportionate to the pecuniary loss severally suffered by the death. The court on
motion shall make an order allowing the continuance and directing pleadings to be made
and issues framed as in actions begun under this section.

new text begin (c) For purposes of this section, "domestic partners" means persons who:
new text end

new text begin (1) are adults and mentally competent to enter into legally binding contracts;
new text end

new text begin (2) have assumed responsibility for each other's basic common welfare, financial
obligations, and well being;
new text end

new text begin (3) share a common domicile and primary residence with each other on a permanent
basis;
new text end

new text begin (4) have a committed interdependent relationship with each other, intend to continue
that relationship indefinitely, and do not have this type of relationship with any other
person;
new text end

new text begin (5) are not married to another person and have not entered into a domestic
partnership arrangement that is currently in effect; and
new text end

new text begin (6) are not related by blood or adoption so that a marriage between them would be
prohibited under section 517.03, subdivision 1, paragraph (a), clause (2) or (3).
new text end

Sec. 4.

Minnesota Statutes 2008, section 573.02, subdivision 3, is amended to read:

Subd. 3.

Trustee for action.

Upon written petition by the surviving spouse new text begin or
surviving domestic partner new text end or one of the next of kin, the court having jurisdiction of an
action falling within the provisions of subdivisions 1 or 2, shall appoint a suitable and
competent person as trustee to commence or continue such action and obtain recovery
of damages therein. The trustee, before commencing duties shall file a consent and oath.
Before receiving any money, the trustee shall file a bond as security therefor in such form
and with such sureties as the court may require.