HF 554

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; providing for indemnification 
  1.3             of members of team of science advisors studying ground 
  1.4             voltage; amending Laws 1996, chapter 452, section 20. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Laws 1996, chapter 452, section 20, is amended 
  1.7   to read: 
  1.8      Sec. 20.  [GROUND VOLTAGE SCIENCE ADVISORS; IMMUNITY FROM 
  1.9   SUIT, INDEMNIFICATION.] 
  1.10     (a) A member of the team of science advisors charged with 
  1.11  studying, researching, or preparing the report required 
  1.12  by appointed under Laws 1994, chapter 573, or serving in a 
  1.13  liaison capacity on behalf of the team of science advisors, is 
  1.14  not liable for the content of the preliminary assessment or 
  1.15  final report, for any action taken or project conducted on 
  1.16  behalf of researching and preparing the assessment and report, 
  1.17  or for any action taken or consequence resulting from or arising 
  1.18  out of publication and dissemination of the report.  This 
  1.19  section does not provide immunity for negligence or intentional 
  1.20  misconduct of a member or a liaison. 
  1.21     (b) If a person referred to in paragraph (a) becomes a 
  1.22  party to a civil action or other legal or administrative 
  1.23  proceeding by reason of any action referred to in paragraph (a), 
  1.24  despite the intent of paragraph (a) to hold those persons immune 
  1.25  from suit, the state shall defend, save harmless, and indemnify 
  2.1   the person for any judgment or settlement and other costs 
  2.2   incurred in defense of the action or proceeding, unless the 
  2.3   person is found liable for negligent or intentional misconduct a 
  2.4   state employee, but is covered by the protections afforded state 
  2.5   employees under Minnesota Statutes, section 3.736. 
  2.6      Sec. 2.  [EFFECTIVE DATE.] 
  2.7      Section 1 is effective retroactively to May 6, 1994.