HF 1741

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; regulating the tort liability of school districts; amending
Minnesota Statutes 2006, section 466.12.

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

Section 1.

Minnesota Statutes 2006, section 466.12, is amended to read:

466.12 deleted text begin SCHOOL DISTRICTS AND deleted text end CERTAIN TOWNS.

Subdivision 1.

Not applicable; exception.

Sections 466.01 to 466.11, except
as otherwise provided for in this section, do not apply to deleted text begin any school district, however
organized, or to deleted text end a town not exercising the powers of a statutory city under the provisions
of Minnesota Statutes 1961, section 368.01, as amended.

Subd. 2.

Pre-12/13/1962 immunity enacted, defined.

The doctrine of
"governmental immunity from tort liability" as a rule of the decisions of the courts of
this state is hereby enacted as a rule of statutory law applicable to all deleted text begin school districts
and deleted text end towns not exercising powers of statutory cities in the same manner and to the same
extent as it was applied in this state to deleted text begin school districts and such deleted text end new text begin the new text end towns on and prior to
December 13, 1962.

As used in this subdivision the doctrine of "governmental immunity from tort
liability" means the doctrine as part of the common law of England as adopted by the
courts of this state as a rule of law exempting from tort liability deleted text begin school districts and deleted text end towns
not exercising the powers of statutory cities regardless of whether they are engaged in
either governmental or proprietary activities, subject however, to such modifications
thereof made by statutory enactments heretofore enacted, and subject to the other
provisions of this section.

Subd. 3.

Towns may insure, be liable.

A town not exercising the powers of a
statutory city may procure insurance as provided for in section 466.06, and if a town not
exercising the powers of a statutory city procures such insurance it shall otherwise be
subject to all the terms and provisions of sections 466.02 to 466.09 to the extent of the
liability coverage afforded. Cancellation or expiration of any liability policy shall restore
immunity as herein provided as of the date of such cancellation or expiration.

deleted text begin Subd. 3a. deleted text end

deleted text begin Schools shall insure, be liable; conditions. deleted text end

deleted text begin A school district shall
procure insurance as provided in section , meeting the requirements of section
, if it is able to obtain insurance and the cost thereof does not exceed $1.50 per pupil
per year for the average number of pupils. If, after a good faith attempt to procure such
insurance, a school district is unable to do so, and the commissioner of insurance certifies
that such insurance is unobtainable, it shall be subject to the provisions of subdivisions 1
and 2. If the school district fails to make a good faith attempt to procure such insurance
and the commissioner of insurance does not certify that such insurance is unobtainable,
then in that event section shall not apply to such a school district and it shall be
subject to all of the other applicable provisions of chapter 466.
deleted text end

Sec. 2. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Section 1 is effective the day following final enactment and applies to all cases
pending on or filed on or after that date.
new text end