Minnesota Legislature
HF 2371
as introduced - 89th Legislature (2015 - 2016) Posted on 05/17/2015 02:26pm
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A bill for an act
relating to claims against the state; changing and updating certain claims
provisions; amending Minnesota Statutes 2014, sections 3.736, subdivision 3;
3.738; 3.739, subdivision 2; 3.749.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 3.736, subdivision 3, is amended to read:
Subd. 3.
Exclusions.
Without intent to preclude the courts from finding additional
cases where the state and its employees should not, in equity and good conscience, pay
compensation for personal injuries or property losses, the legislature declares that the state
and its employees are not liable for the following losses:
(a) a loss caused by an act or omission of a state employee exercising due care in the
execution of a valid or invalid statute or rule;
(b) a loss caused by the performance or failure to perform a discretionary duty,
whether or not the discretion is abused;
(c) a loss in connection with the assessment and collection of taxes;
(d) a loss caused by snow or ice conditions on a highway or public sidewalk that
does not abut a publicly owned building or a publicly owned parking lot, except when the
condition is affirmatively caused by the negligent acts of a state employee;
(e) a loss caused by wild animals in their natural state, except as provided in section
3.7371;
(f) a loss other than injury to or loss of property or personal injury or death;
(g) a loss caused by the condition of unimproved real property owned by the state,
which means land that the state has not improved, state land that contains idled or
abandoned mine pits or shafts, and appurtenances, fixtures, and attachments to land that
the state has neither affixed nor improved;
(h) a loss involving or arising out of the use or operation of a recreational motor
vehicle, as defined in section 84.90, subdivision 1, within the right-of-way of a trunk
highway, as defined in section 160.02, except that the state is liable for conduct that would
entitle a trespasser to damages against a private person;
(i) a loss incurred by a user arising from the construction, operation, or maintenance
of the outdoor recreation system, as defined in section 86A.04, or for a loss arising from the
construction, operation, maintenance, or administration of grants-in-aid trails as defined in
section 85.018, or for a loss arising from the construction, operation, or maintenance of a
water access site created by the Iron Range Resources and Rehabilitation Board, except
that the state is liable for conduct that would entitle a trespasser to damages against a
private person. For the purposes of this clause, a water access site, as defined in section
86A.04 or created by the Iron Range Resources and Rehabilitation Board, that provides
access to an idled, water filled mine pit, also includes the entire water filled area of the pit
and, further, includes losses caused by the caving or slumping of the mine pit walls;
(j) a loss of benefits or compensation due under a program of public assistance or
public welfare, except if state compensation for loss is expressly required by federal law
in order for the state to receive federal grants-in-aid;
(k) a loss based on the failure of a person to meet the standards needed for a license,
permit, or other authorization issued by the state or its agents;
(l) a loss based on the usual care and treatment, or lack of care and treatment, of a
person at a state hospital or state corrections facility where reasonable use of available
appropriations has been made to provide care;
(m) loss, damage, or destruction of property of a patient or inmate of a state
institutionnew text begin , except as provided in section 3.738new text end ;
(n) a loss for which recovery is prohibited by section 169A.48, subdivision 2;
(o) a loss caused by an aeration, bubbler, water circulation, or similar system used
to increase dissolved oxygen or maintain open water on the ice of public waters, that is
operated under a permit issued by the commissioner of natural resources;
(p) a loss incurred by a visitor to the Minnesota Zoological Garden, except that the
state is liable for conduct that would entitle a trespasser to damages against a private person;
(q) a loss arising out of a person's use of a logging road on public land that is
maintained exclusively to provide access to timber on that land by harvesters of the timber,
and is not signed or otherwise held out to the public as a public highway; and
(r) a loss incurred by a user of property owned, leased, or otherwise controlled by
the Minnesota National Guard or the Department of Military Affairs, except that the state
is liable for conduct that would entitle a trespasser to damages against a private person.
The state will not pay punitive damages.
Sec. 2.
Minnesota Statutes 2014, section 3.738, is amended to read:
3.738 INJURY OR DEATH OF PATIENT OR INMATEnew text begin ; LOSS, DAMAGE,
OR DESTRUCTION OF PROPERTYnew text end .
Subdivision 1.
Legislative authority.
Claims and demands arising out of injury
to or death of a patient of a state institution under the control of the commissioner of
human services or the commissioner of veterans affairs or an inmate of a state correctional
facility while performing assigned duties new text begin and claims and demands arising from negligent
loss, damage, or destruction of property of a patient or inmate of a state institution new text end shall
be presented to, heard, and determined by the legislature.
Subd. 2.
Evaluation of claims.
Claims new text begin arising out of injury or death new text end that are
approved under this section shall be paid pursuant to legislative appropriation following
evaluation of each claim by the appropriate committees of the senate and house of
representatives. Compensation will not be paid for pain and suffering.
Subd. 3.
Exclusive remedy.
The procedure established by this section is exclusive
of all other legal, equitable, and statutory remedies.
Sec. 3.
Minnesota Statutes 2014, section 3.739, subdivision 2, is amended to read:
Subd. 2.
Evaluation and payment of claims.
new text begin Medical provider new text end claims of deleted text begin $500deleted text end new text begin
$5,000 or less, injury claims under subdivision 1 of $1,000 or less, and property claims
under section 3.738, subdivision 1,of $1,000new text end or less subject to this section shall be
investigated by the state or local agency responsible for supervising the work to determine
if the claim is valid and if the loss is covered by the claimant's insurance. The investigating
agency shall submit all appropriate claims to the Department of Corrections. Subject to
the limitations contained in subdivision 2a, the department shall pay the portion of an
approved claim that is not covered by the claimant's insurance. This payment shall be
made within a reasonable time. On or before the first day of each legislative session, the
department shall submit to the appropriate committees of the senate and the house of
representatives a list of the claims paid by it during the preceding calendar year and shall
be reimbursed by legislative appropriation for the claims paid. For the purposes of this
paragraph, in the case of a juvenile claimant the term "claimant's insurance" includes the
insurance of the juvenile's parents if the juvenile is covered by the insurance.
A new text begin medical provider new text end claim in excess of deleted text begin $500deleted text end new text begin $5,000 an injury claim under subdivision
1 of $1,000 or less, a property claim under section 3.738, subdivision 1, in excess of
$1,000new text end ,new text begin new text end and a claim that was not paid by the department may be presented to, heard, and
determined by the appropriate committees of the senate and the house of representatives
and, if approved, shall be paid pursuant to legislative claims procedure.
No juvenile claimant receiving payment under this section may be identified by name
either in the list of claimants submitted by the department or in the legislative appropriation.
Sec. 4.
Minnesota Statutes 2014, section 3.749, is amended to read:
3.749 LEGISLATIVE CLAIMS; FILING FEE.
A person filing a claim with the joint senate-house of representatives Subcommittee
on Claims must pay a filing fee of deleted text begin $5deleted text end new text begin $10new text end . The money must be deposited by the clerk of
the subcommittee in the state treasury and credited to the general fund. A claimant who
is successful in obtaining an award from the subcommittee shall be reimbursed for the
fee paid.
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 4 are effective July 1, 2015.
new text end