HF 3441

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil law; extending civil immunity to municipalities that donate
public safety equipment; amending Minnesota Statutes 2006, section 466.03, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 466.03, is amended by adding a
subdivision to read:

new text begin Subd. 23. new text end

new text begin Used public safety equipment. new text end

new text begin (a) Any tort claim against a municipality
resulting from the use of public safety equipment donated by the municipality, unless
the claim is a direct result of the intentional misconduct, gross negligence, or ordinary
negligence of the municipality including, but not limited to, the failure to disclose known
defects or mechanical failures.
new text end

new text begin (b) As used in this subdivision, "public safety equipment" means any equipment
purchased or obtained through gifts or grants by a municipality for use in responding to or
training for emergencies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to
actions arising from incidents occurring on or after that date.
new text end