HF 3079

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; limiting liability on tort claims brought against the state
or a municipality; limiting liability on claims brought against a governmental
unit participating in a joint venture or enterprise; amending Minnesota Statutes
2004, sections 3.736, subdivision 4; 466.04, subdivision 1; 471.59, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2004, 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 new text begin , for claims arising before January 1, 2008 new text end ;

(b) new text begin $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;
new text end

new text begin (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;
new text end

new text begin (d) 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 or
deleted text end

deleted text begin (c) deleted text end new text begin (e) 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 deleted text begin . deleted text end new text begin , and before January 1, 2008;
new text end

new text begin (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; or
new text end

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

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

new text begin This section is effective January 1, 2008, and applies to
claims arising from acts or omissions that occur on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, 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 new text begin , for claims arising before January 1, 2008 new text end ;

(2) new text begin $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;
new text end

new text begin (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;
new 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 (3) 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 new text begin , and before January 1, 2008 new text end ; deleted text begin or
deleted text end

new text begin (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;
new text end

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

deleted text begin (4) deleted text end new text begin (8) new text end twice the limits provided in clauses (1) to deleted text begin (3) deleted text end new text begin (7) 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 EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008, and applies to
claims arising from acts or omissions that occur on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 471.59, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Liability. new text end

new text begin (a) A governmental unit participating in a joint venture or joint
enterprise, including participation in a cooperative activity undertaken pursuant to this
section or other law, is not liable for the acts or omissions of another governmental unit
participating in the joint venture or joint enterprise, unless the participating governmental
unit has agreed in writing to be responsible for the acts or omissions of another
participating governmental unit.
new text end

new text begin (b) For purposes of determining total liability for damages, the participating
governmental units and the joint board, if one is established, are considered a single
governmental unit and the total liability for the participating governmental units and the
joint board, if established, shall not exceed the limits on governmental liability for a single
governmental unit as specified in section 3.736 or 466.04, subdivision 1, or as waived or
extended by the joint board or all participating governmental units under section 3.736,
subdivision 8; 466.06; or 471.981. This paragraph does not protect a governmental unit
from liability for its own independent acts or omissions not directly related to the joint
activity.
new text end

new text begin (c) If a participating governmental unit has procured or extended insurance coverage
pursuant to section 3.736, subdivision 8; 466.06; or 471.981 in excess of the limits on
governmental liability under section 3.736 or 466.04, subdivision 1, covering participation
in the joint venture or joint enterprise, the procurement of that insurance constitutes a
waiver of the limits of governmental liability for that governmental unit to the extent that
valid and collectable insurance or self-insurance, including, where applicable, proceeds
from the Minnesota Guarantee Fund, exceeds those limits and covers that governmental
unit's liability for the claim, if any.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to claims arising from acts or omissions that occur on or after that date.
new text end