Minnesota Legislature
HF 3105
as introduced - 88th Legislature (2013 - 2014) Posted on 03/17/2014 01:55pm
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A bill for an act
relating to civil actions; providing a right to punitive damages in certain cases;
clarifying a definition of government for purposes of certain types of civil actions;
amending Minnesota Statutes 2012, sections 554.01, subdivision 2; 604A.34.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 554.01, subdivision 2, is amended to read:
Subd. 2.
Government.
"Government" includes a branch, department, agency,
official, employee, agent, or other person with authority to act on behalf of the federal
government, this state, or any political subdivision of this state, including municipalities
and their boards, commissions, and departmentsdeleted text begin , ordeleted text end new text begin ; law enforcement agencies; andnew text end other
public deleted text begin authoritydeleted text end new text begin authoritiesnew text end .
Sec. 2.
Minnesota Statutes 2012, section 604A.34, is amended to read:
604A.34 REPORTS OR ASSISTANCE REQUESTS TO LAW
ENFORCEMENT.
new text begin (a) new text end An individual who in good faith seeks assistance from, or reports apparent
unlawful conduct to, law enforcement is not liable for civil damages as a result of that
action. If an individual prevails in a civil action from which the individual has been
granted immunity by this section, the court shall award the individualnew text begin actual damages,
plusnew text end reasonable attorney fees and costs. new text begin The court may also award the individual
punitive damages, if the court determines that the action was brought for the purpose of
harassment, to cause financial distress or other injury, or to interfere with the individual's
exercise of a right granted by law. A motion to amend the pleadings under section 549.191
is not required under this section, but a claim for punitive damages must meet all other
requirements of section 549.191. new text end This section does not exempt individuals from their
professional obligations of confidentiality.
new text begin
(b) For purposes of this section, an individual's actions are presumed to be in
good faith if the actions constitute public participation, as defined in section 554.01,
subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2014, and applies to
actions commenced on or after that date.
new text end