HF 103

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to state tort claims; removing the single occurrence liability cap;
conforming cross references; amending Minnesota Statutes 2008, sections 3.736,
subdivision 4, as amended; 3.7393, subdivision 11; 3.7394, subdivision 6.

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

Section 1.

Minnesota Statutes 2008, section 3.736, subdivision 4, as amended by Laws
2008, chapter 288, section 1, is amended to read:

Subd. 4.

Limits.

new text begin (a) new text end The total liability of the state and its employees acting within
the scope of their employment on any tort claim shall not exceed:

deleted text begin (a) deleted text end new text begin (1) new text end $300,000 when the claim is one for death by wrongful act or omission and
$300,000 to any claimant in any other case, for claims arising before August 1, 2007;

deleted text begin (b) deleted text end new text begin (2) new text end $400,000 when the claim is one for death by wrongful act or omission and
$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007,
and before July 1, 2009;

deleted text begin (c) deleted text end new text begin (3) new text end $500,000 when the claim is one for death by wrongful act or omission and
$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;

deleted text begin (d) deleted text end new text begin (4) new text end $750,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 1998, and before January 1, 2000;

deleted text begin (e) deleted text end new text begin (5) new text end $1,000,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2000, and before January 1, 2008; new text begin or
new text end

deleted text begin (f) deleted text end new text begin (6) new text end $1,200,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2008, and before deleted text begin July 1, 2009; or
deleted text end

deleted text begin (g) $1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after deleted text end July 1, 2009.

new text begin (b) There is no limit on the total liability of the state and its employees acting within
the scope of their employment for any number of claims arising out of a single occurrence
for claims arising on or after July 1, 2009, subject to the availability of appropriations
for payment of the claims.
new text end

new text begin (c) new text end If the amount awarded to or settled upon multiple claimants exceeds the
applicable limit under deleted text begin clause (d), (e), (f), or (g) deleted text end new text begin paragraph (a) or the available
appropriations under paragraph (b) new text end , any party may apply to the district court to apportion
to each claimant a proper share of the amount available under the applicable limit deleted text begin under
clause (d), (e), (f), deleted text end or deleted text begin (g) deleted text end new text begin available appropriations new text end . The share apportioned to each claimant
shall be in the proportion that the ratio of the award or settlement bears to the aggregate
awards and settlements for all claims arising out of the occurrence.

new text begin (d) new text end The limitation imposed by this subdivision on individual claimants includes
damages claimed for loss of services or loss of support arising out of the same tort.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 3.7393, subdivision 11, is amended to read:

Subd. 11.

Offers of settlement; limit on amount.

(a) The amount of an offer of
settlement or payment required by a settlement agreement must not exceed $400,000.
This limitation does not apply to a supplemental payment made under subdivision 12. An
offer of settlement must be accompanied by a notice to the survivor of the remainder of
the amount calculated under subdivision 10 that is not included in the offer because of the
limitation under this paragraph and the amount of the remainder for which a supplemental
payment may be awarded.

(b) Notwithstanding section 3.736, subdivision 4, new text begin paragraph (a), new text end clause deleted text begin (e) deleted text end new text begin (5) new text end , or
466.04, subdivision 1, paragraph (a), clause (5), the $1,000,000 limitation on state or
municipal liability for claims arising out of a single occurrence otherwise applicable to the
catastrophe does not apply to payments made to survivors under this section. The amount
that may be paid by the state is limited by the appropriations for this purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, section 3.7394, subdivision 6, is amended to read:

Subd. 6.

Amounts not considered for purposes of limit on government tort
liability.

Payments made to survivors under section 3.7393 or from the emergency relief
fund are not to be considered in calculating the $1,000,000 limit on tort claims in civil
actions against the state arising out of the catastrophe for purposes of section 3.736,
subdivision 4, new text begin paragraph (a), new text end clause deleted text begin (e) deleted text end new text begin (5) new text end , or a municipality arising out of the catastrophe
for purposes of section 466.04, subdivision 1, clause (5).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end