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Minnesota Legislature

Office of the Revisor of Statutes

HF 2669

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/03/2010

Current Version - as introduced

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A bill for an act
relating to civil law; restoring state and local government tort liability limits to
pre-2008 levels; prohibiting state and local government contracts that require
contractors to provide liability insurance or other security in excess of those
limits; amending Minnesota Statutes 2008, sections 3.736, subdivision 4; 466.04,
subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 3.736, subdivision 4, is amended to read:


Subd. 4.

Limits.

The total liability of the state and its employees acting within the
scope of their employment on any tort claim shall not exceed:

(a) $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;

(b) $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;

(c) $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;

(d) $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;

(e) $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;

(f) $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 July 1, 2009; deleted text beginordeleted text end

(g) $1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2009new text begin, and before July 1, 2010; or
new text end

new text begin (h) $1,000,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2010
new text end.

If the amount awarded to or settled upon multiple claimants exceeds the applicable
limit under clause (d), (e), (f), deleted text beginordeleted text end (g),new text begin or (h),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 under clause (d), (e), (f), deleted text beginordeleted text end (g)new text begin, or (h)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.

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 The state shall not require any individual or entity contracting with the state to
provide liability insurance or other security in excess of the liability limits stated in this
subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to claims
arising from acts or omissions that occur on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 466.04, subdivision 1, is amended to read:


Subdivision 1.

Limits; punitive damages.

(a) Liability of any municipality on any
claim within the scope of sections 466.01 to 466.15 shall not exceed:

(1) $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 January 1, 2008;

(2) $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 January 1,
2008, and before July 1, 2009;

(3) $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;

(4) $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;

(5) $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;

(6) $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 July 1, 2009;

(7) $1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2009; deleted text beginor
deleted text end

new text begin (8) $1,000,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2010; or
new text end

deleted text begin (8)deleted text endnew text begin (9)new text end twice the limits provided in clauses (1) to deleted text begin(7)deleted text endnew text begin (8)new text end when the claim arises out of
the release or threatened release of a hazardous substance, whether the claim is brought
under sections 115B.01 to 115B.15 or under any other law.

(b) No award for damages on any such claim shall include punitive damages.

new text begin (c) A municipality shall not require any individual or entity contracting with the
municipality to provide liability insurance or other security in excess of the liability limits
stated in this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to claims
arising from acts or omissions that occur on or after that date.
new text end