1.1 	A bill for an act
1.2 	relating to state tort claims; removing the single occurrence liability cap; 
1.3 	modifying claimant liability caps for uncompensated medical expenses;
1.4 	amending Minnesota Statutes 2006, section 3.736, subdivision 4, as amended, by 
1.5 	adding a subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 3.736, subdivision 4, as amended by Laws 
1.8 	2008, chapter 288, section 1, is amended to read:
1.9 		Subd. 4. Limits. Except as provided in subdivision 4b, the total liability of the 
1.10 	state and its employees acting within the scope of their employment on any tort claim 
1.11 	shall not exceed: 
1.12 	(a) $300,000 when the claim is one for death by wrongful act or omission and 
1.13 	$300,000 to any claimant in any other case, for claims arising before August 1, 2007; 
1.14 	(b) $400,000 when the claim is one for death by wrongful act or omission and 
1.15 	$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007, 
1.16 	and before July 1, 2009; 
1.17 	(c) $500,000 when the claim is one for death by wrongful act or omission and 
1.18 	$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009; 
1.19 	(d) $750,000 for any number of claims arising out of a single occurrence, for claims 
1.20 	arising on or after January 1, 1998, and before January 1, 2000; 
1.21 	(e) $1,000,000 for any number of claims arising out of a single occurrence, for 
1.22 	claims arising on or after January 1, 2000, and before January 1, 2008; or 
1.23 	(f) $1,200,000 for any number of claims arising out of a single occurrence, for 
1.24 	claims arising on or after January 1, 2008, and before July 1, 2009; or 
2.1 	(g) $1,500,000 for any number of claims arising out of a single occurrence, for 
2.2 	claims arising on or after July 1, 2009. 
2.3 	There is no limit on the total liability for any number of claims arising out of a 
2.4 	single occurrence for claims arising on or after July 1, 2009, subject to the availability of 
2.5 	appropriations for the payment of the claims.
2.6 	If the amount awarded to or settled upon multiple claimants exceeds the applicable 
2.7 	limit under clause  (d), (e),  or (f), or  (g), any party may apply to the district court to 
2.8 	apportion to each claimant a proper share of the amount available under the applicable 
2.9 	limit under clause  (d), (e),  or (f), or  (g). The share apportioned to each claimant shall be 
2.10 	in the proportion that the ratio of the award or settlement bears to the aggregate awards 
2.11 	and settlements for all claims arising out of the occurrence. 
2.12 	The limitation imposed by this subdivision on individual claimants includes damages 
2.13 	claimed for loss of services or loss of support arising out of the same tort. 

2.14 	EFFECTIVE DATE. This section is effective July 1, 2009.

2.15 	Sec. 2. Minnesota Statutes 2006, section 3.736, is amended by adding a subdivision to 
2.16 	read:
2.17 		Subd. 4b.Uncompensated medical expenses. (a) For purposes of this subdivision, 
2.18 	"uncompensated medical expenses" means medical expenses less payments made or 
2.19 	reasonably expected to be made to a claimant from collateral sources referred to in section 
2.20 	548.36, subdivision 1, that provide payments for medical expenses.
2.21 	(b) There is no limit on the total liability of the state and its employees acting within 
2.22 	the scope of employment for uncompensated medical expenses of an individual claimant, 
2.23 	subject to the availability of appropriations for payment of the claim. The applicable limit 
2.24 	on an individual claim under subdivision 4 is waived only to the extent the claimant's 
2.25 	uncompensated medical expenses exceed the limit. The liability of the state and its 
2.26 	employees is limited to uncompensated medical expenses and the claimant or another 
2.27 	person is not entitled to recover separately for other damages arising out of the same tort, 
2.28 	including damages for loss of services or support.

2.29 	EFFECTIVE DATE. This section is effective July 1, 2009.