SF 989

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; clarifying immunity for 
  1.3             the state with respect to certain tort claims; 
  1.4             amending Minnesota Statutes 1996, section 3.736, 
  1.5             subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 3.736, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [GENERAL RULE.] The state will pay 
  1.10  compensation for injury to or loss of property or personal 
  1.11  injury or death caused by an act or omission of an employee of 
  1.12  the state while acting within the scope of office or employment 
  1.13  or a peace officer who is not acting on behalf of a private 
  1.14  employer and who is acting in good faith under section 629.40, 
  1.15  subdivision 4, under circumstances where the state, if a private 
  1.16  person, would be liable to the claimant, whether arising out of 
  1.17  a governmental or proprietary function.  The state will not pay 
  1.18  compensation nor be obligated to defend, save harmless, or 
  1.19  indemnify for injury to or loss of property or personal injury 
  1.20  or death caused by an act or omission of an employee of the 
  1.21  state while acting outside the scope of office or employment, 
  1.22  including but not limited to when a state employee engages in 
  1.23  sexual harassment as defined in section 363.01, subdivision 41.  
  1.24  Nothing in this section waives the defense of judicial or 
  1.25  legislative immunity except to the extent provided in 
  2.1   subdivision 8.