SF 2761

1st Engrossment - 81st Legislature (1999 - 2000)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to municipalities; providing an exception to 
  1.3             tort liability for geographic information systems 
  1.4             information; amending Minnesota Statutes 1998, 
  1.5             sections 466.03, by adding a subdivision; and 604.02, 
  1.6             subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 466.03, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 21.  [GEOGRAPHIC INFORMATION SYSTEMS (GIS) 
  1.11  INFORMATION.] Any claim arising from alleged or actual 
  1.12  inaccuracies in information from geographic information systems 
  1.13  (GIS).  GIS information includes information developed by a 
  1.14  municipality or developed from other sources and compiled for 
  1.15  use by a municipality, either alone or with other entities, 
  1.16  public or private. 
  1.17     Sec. 2.  Minnesota Statutes 1998, section 604.02, 
  1.18  subdivision 1, is amended to read: 
  1.19     Subdivision 1.  When two or more persons are jointly 
  1.20  liable, contributions to awards shall be in proportion to the 
  1.21  percentage of fault attributable to each, except that each is 
  1.22  jointly and severally liable for the whole award.  Except in 
  1.23  cases where liability arises under chapters 18B - pesticide 
  1.24  control, 115 - water pollution control, 115A - waste management, 
  1.25  115B - environmental response and liability, 115C - leaking 
  1.26  underground storage tanks, and 299J - pipeline safety, public 
  2.1   nuisance law for damage to the environment or the public health, 
  2.2   any other environmental or public health law, or any 
  2.3   environmental or public health ordinance or program of a 
  2.4   municipality as defined in section 466.01, a person whose fault 
  2.5   is 15 percent or less is liable for a percentage of the whole 
  2.6   award no greater than four times the percentage of fault, 
  2.7   including any amount reallocated to that person under 
  2.8   subdivision 2. 
  2.9      If the state or a municipality as defined in section 466.01 
  2.10  is jointly liable, and it is jointly and severally liable for 
  2.11  the whole award only if its fault is less than 35 50 percent, it 
  2.12  is jointly and severally liable for a percentage of the whole 
  2.13  award no greater than twice the amount of fault, including any 
  2.14  amount reallocated to the state or municipality under 
  2.15  subdivision 2 or greater.