SF 117

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

  1.1                          A bill for an act 
  1.2             relating to the military; adding an exclusion to the 
  1.3             tort claims act; amending Minnesota Statutes 1996, 
  1.4             section 3.736, subdivision 3. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 3.736, 
  1.7   subdivision 3, is amended to read: 
  1.8      Subd. 3.  [EXCLUSIONS.] Without intent to preclude the 
  1.9   courts from finding additional cases where the state and its 
  1.10  employees should not, in equity and good conscience, pay 
  1.11  compensation for personal injuries or property losses, the 
  1.12  legislature declares that the state and its employees are not 
  1.13  liable for the following losses: 
  1.14     (a) a loss caused by an act or omission of a state employee 
  1.15  exercising due care in the execution of a valid or invalid 
  1.16  statute or rule; 
  1.17     (b) a loss caused by the performance or failure to perform 
  1.18  a discretionary duty, whether or not the discretion is abused; 
  1.19     (c) a loss in connection with the assessment and collection 
  1.20  of taxes; 
  1.21     (d) a loss caused by snow or ice conditions on a highway or 
  1.22  public sidewalk that does not abut a publicly owned building or 
  1.23  a publicly owned parking lot, except when the condition is 
  1.24  affirmatively caused by the negligent acts of a state employee; 
  1.25     (e) a loss caused by wild animals in their natural state, 
  2.1   except as provided in section 3.7371; 
  2.2      (f) a loss other than injury to or loss of property or 
  2.3   personal injury or death; 
  2.4      (g) a loss caused by the condition of unimproved real 
  2.5   property owned by the state, which means land that the state has 
  2.6   not improved, state land that contains idled or abandoned mine 
  2.7   pits or shafts, and appurtenances, fixtures, and attachments to 
  2.8   land that the state has neither affixed nor improved; 
  2.9      (h) a loss incurred by a user arising from the 
  2.10  construction, operation, or maintenance of the outdoor 
  2.11  recreation system, as defined in section 86A.04, or for a loss 
  2.12  arising from the construction, operation, maintenance, or 
  2.13  administration of grants-in-aid trails as defined in section 
  2.14  85.018, or for a loss arising from the construction, operation, 
  2.15  or maintenance of a water access site created by the iron range 
  2.16  resources and rehabilitation board, except that the state is 
  2.17  liable for conduct that would entitle a trespasser to damages 
  2.18  against a private person.  For the purposes of this clause, a 
  2.19  water access site, as defined in section 86A.04 or created by 
  2.20  the iron range resources and rehabilitation board, that provides 
  2.21  access to an idled, water filled mine pit, also includes the 
  2.22  entire water filled area of the pit and, further, includes 
  2.23  losses caused by the caving or slumping of the mine pit walls; 
  2.24     (i) a loss of benefits or compensation due under a program 
  2.25  of public assistance or public welfare, except if state 
  2.26  compensation for loss is expressly required by federal law in 
  2.27  order for the state to receive federal grants-in-aid; 
  2.28     (j) a loss based on the failure of a person to meet the 
  2.29  standards needed for a license, permit, or other authorization 
  2.30  issued by the state or its agents; 
  2.31     (k) a loss based on the usual care and treatment, or lack 
  2.32  of care and treatment, of a person at a state hospital or state 
  2.33  corrections facility where reasonable use of available 
  2.34  appropriations has been made to provide care; 
  2.35     (l) loss, damage, or destruction of property of a patient 
  2.36  or inmate of a state institution; 
  3.1      (m) a loss for which recovery is prohibited by section 
  3.2   169.121, subdivision 9; 
  3.3      (n) a loss caused by an aeration, bubbler, water 
  3.4   circulation, or similar system used to increase dissolved oxygen 
  3.5   or maintain open water on the ice of public waters, that is 
  3.6   operated under a permit issued by the commissioner of natural 
  3.7   resources; 
  3.8      (o) a loss incurred by a visitor to the Minnesota 
  3.9   zoological garden, except that the state is liable for conduct 
  3.10  that would entitle a trespasser to damages against a private 
  3.11  person; and 
  3.12     (p) a loss arising out of a person's use of a logging road 
  3.13  on public land that is maintained exclusively to provide access 
  3.14  to timber on that land by harvesters of the timber, and is not 
  3.15  signed or otherwise held out to the public as a public highway; 
  3.16  and 
  3.17     (q) a loss incurred by a user of property owned, leased, or 
  3.18  otherwise controlled by the Minnesota National Guard or the 
  3.19  department of military affairs, except that the state is liable 
  3.20  for conduct that would entitle a trespasser to damages against a 
  3.21  private person. 
  3.22     The state will not pay punitive damages.