HF 1819

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/13/2012 12:20pm

A bill for an act
relating to the military; providing civil immunity from damages in certain
situations; modifying business discrimination provision; amending Minnesota
Statutes 2010, section 363A.17; proposing coding for new law in Minnesota
Statutes, chapter 192.

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

Section 1.

[192.535] CIVIL IMMUNITY; BEYOND THE YELLOW RIBBON
PROGRAM.

Subdivision 1.

Definitions.

As used in this section, the following terms have the
meanings given them:

(1) "program" means the "Beyond the Yellow Ribbon" program;

(2) "program administrator" means any individual with responsibility for
coordinating the program or coordinating volunteers participating in the program; and

(3) "services" means any voluntary assistance coordinated by the program that is
related to an active or reserve service member's or the service member's family's home
maintenance, transportation, physical or emotional health, personal finances, or other
similar needs and that is provided to the service member or to an immediate family
member of the service member before, during, or after the service member's mobilization
or deployment for a contingency operation ordered by a proper military authority.

Subd. 2.

Civil immunity.

(a) A program administrator and any person that, in good
faith, participates in any capacity in the program and provides services is not liable for
damages resulting from the acts or omissions by that person in providing the services,
provided that the person providing the services is liable if the act or omission is willful,
wanton, or reckless.

(b) A recipient of services provided by a person participating in any capacity in the
program is not liable for damages incurred by the person in the course of providing the
services, unless the damage is the result of a willful, wanton, or reckless act or omission of
the recipient.

Subd. 3.

Exception.

This section does not apply:

(1) to the extent the acts or omissions are covered by an insurance policy issued to
the person or to the entity for whom the person serves;

(2) to a person who provides services during the course of the person's regular
employment and for which the person receives compensation; or

(3) to a person who provides voluntary services that the person also provides for
compensation in the normal course of business, if the person is not insured for damages or
injury that may result from those services and the person does not notify, in writing, the
program and the recipient of the services of this fact before providing the services.

EFFECTIVE DATE.

This section is effective the day following final enactment
and applies to damages incurred on or after that date.

Sec. 2.

Minnesota Statutes 2010, section 363A.17, is amended to read:

363A.17 BUSINESS DISCRIMINATION.

It is an unfair discriminatory practice for a person engaged in a trade or business
or in the provision of a service:

(1) to refuse to do business with or provide a service to a woman based on her
use of her current or former surname; or

(2) to impose, as a condition of doing business with or providing a service to a
woman, that a woman use her current surname rather than a former surname; or

(3) to intentionally refuse to do business with, to refuse to contract with, or to
discriminate in the basic terms, conditions, or performance of the contract because of
a person's race, national origin, color, sex, sexual orientation, or disability, or military
service status, unless the alleged refusal or discrimination is because of a legitimate
business purpose.

Nothing in this section shall prohibit positive action plans.