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HF 1003

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 12:18pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to local government; permitting local governments to donate certain
surplus equipment to nonprofit organizations; creating an exception to tort
liability; amending Minnesota Statutes 2014, section 466.03, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 471.


Section 1.

Minnesota Statutes 2014, section 466.03, is amended by adding a
subdivision to read:

new text begin Subd. 25. new text end

new text begin Surplus equipment donated. new text end

new text begin Any tort claim against a municipality
resulting from the use of surplus equipment donated by the municipality to a nonprofit
organization under section 471.3459, unless the claim is a direct result of fraud or
intentional misrepresentation.
new text end

Sec. 2.

new text begin [471.3459] DONATION OF SURPLUS EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Local government" means a county, home rule or statutory city, town, or joint
powers entity formed by any of these local governmental units.
new text end

new text begin (c) "Nonprofit organization" means an organization formed under section 501(c)(3)
of the Internal Revenue Code.
new text end

new text begin (d) "Surplus equipment" means equipment used by a local government public works
department, and cellular phones and emergency medical and firefighting equipment that is
no longer needed by the local government because it does not meet industry standards for
emergency medical services, police, or fire departments or has minimal or no resale value.
new text end

new text begin Subd. 2. new text end

new text begin Donation. new text end

new text begin A local government may donate surplus equipment to one or
more nonprofit organizations. Before the local government makes any donations, it must
adopt a policy on how it will determine what equipment is surplus eligible for donation
and how it will determine which nonprofit organizations may receive donations. The
policy must address the obligations of the local government to disclose to the nonprofit
that the surplus equipment may be defective and cannot be relied upon for safety purposes.
new text end