SF 2648

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to local government; limiting liability on claims brought against a
municipality participating in a joint venture or enterprise; amending Minnesota
Statutes 2004, section 471.59, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 471.59, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Single entity for liability purposes. new text end

new text begin (a) Except as provided in paragraph
(b), governmental units participating in a joint venture or joint enterprise, including
participation in a cooperative activity undertaken pursuant to this section or other law, are
not liable for the acts or omissions of another governmental unit participating in the joint
venture or joint enterprise. For purposes of determining total liability for damages, the
participating governmental units and the joint board, if one is established, are considered a
single governmental unit and the total liability for the participating governmental units and
the joint board, if established, may not exceed the liability limits for a single governmental
unit in section 3.736 or 466.04, subdivision 1.
new text end

new text begin (b) Paragraph (a) does not protect a governmental unit from liability:
new text end

new text begin (1) for its own independent acts or omissions not directly related to the joint activity;
new text end

new text begin (2) to the extent the participating governmental unit has agreed in writing to be
responsible for the acts or omissions of another governmental unit; or
new text end

new text begin (3) to the extent the liability limits are waived pursuant to section 466.06 or 471.981.
new text end