HF 1489

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to tort liability; municipalities; clarifying 
  1.3             the liability for torts of officers, employees, and 
  1.4             agents; amending Minnesota Statutes 1996, sections 
  1.5             466.02; and 466.04, subdivisions 1 and 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 466.02, is 
  1.8   amended to read: 
  1.9      466.02 [TORT LIABILITY.] 
  1.10     Subject to the limitations of sections 466.01 to 466.15, 
  1.11  every municipality is subject to liability for its torts and 
  1.12  those of its officers, employees and agents acting within the 
  1.13  scope of their employment or duties whether arising out of a 
  1.14  governmental or proprietary function, including those torts for 
  1.15  which an officer, employee, or agent of the municipality is 
  1.16  immune from liability. 
  1.17     Sec. 2.  Minnesota Statutes 1996, section 466.04, 
  1.18  subdivision 1, is amended to read: 
  1.19     Subdivision 1.  [LIMITS; PUNITIVE DAMAGES.] (a) Liability 
  1.20  of any municipality on any claim within the scope of sections 
  1.21  466.01 to 466.15 shall not exceed:  
  1.22     (1) $200,000 $500,000 when the claim is one for death by 
  1.23  wrongful act or omission and $200,000 to any claimant in any 
  1.24  other case; 
  1.25     (2) $600,000 $1,000,000 for any number of claims arising 
  2.1   out of a single occurrence; or 
  2.2      (3) twice the limits provided in clauses (1) and (2) when 
  2.3   the claim arises out of the release or threatened release of a 
  2.4   hazardous substance, whether the claim is brought under sections 
  2.5   115B.01 to 115B.15 or under any other law.  
  2.6      (b) No award for damages on any such claim shall include 
  2.7   punitive damages. 
  2.8      Sec. 3.  Minnesota Statutes 1996, section 466.04, 
  2.9   subdivision 3, is amended to read: 
  2.10     Subd. 3.  [DISPOSITION OF MULTIPLE CLAIMS.] Where the 
  2.11  amount awarded to or settled upon multiple claimants exceeds 
  2.12  $600,000 $1,000,000, any party may apply to any district court 
  2.13  to apportion to each claimant a proper share of the total amount 
  2.14  limited by subdivision 1.  The share apportioned each claimant 
  2.15  shall be in the proportion that the ratio of the award or 
  2.16  settlement made to each bears to the aggregate awards and 
  2.17  settlements for all claims arising out of the occurrence. 
  2.18     Sec. 4.  [EFFECTIVE DATE.] 
  2.19     Sections 1 to 3 are effective the day following final 
  2.20  enactment and apply to claims arising from incidents occurring 
  2.21  on or after that date.