SF 3882

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state tort claims; removing the single occurrence liability cap;
modifying claimant liability caps for uncompensated medical expenses;
amending Minnesota Statutes 2006, section 3.736, subdivision 4, as amended, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 3.736, subdivision 4, as amended by Laws
2008, chapter 288, section 1, is amended to read:

Subd. 4.

Limits.

new text begin Except as provided in subdivision 4b, new text end the total liability of the
state and its employees acting within the scope of their employment on any tort claim
shall not exceed:

(a) $300,000 when the claim is one for death by wrongful act or omission and
$300,000 to any claimant in any other case, for claims arising before August 1, 2007;

(b) $400,000 when the claim is one for death by wrongful act or omission and
$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007,
and before July 1, 2009;

(c) $500,000 when the claim is one for death by wrongful act or omission and
$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;

(d) $750,000 for any number of claims arising out of a single occurrence, for claims
arising on or after January 1, 1998, and before January 1, 2000;

(e) $1,000,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2000, and before January 1, 2008; new text begin or
new text end

(f) $1,200,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2008, and before deleted text begin July 1, 2009; or
deleted text end

deleted text begin (g) $1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after deleted text end July 1, 2009.

new text begin There is no limit on the total liability for any number of claims arising out of a
single occurrence for claims arising on or after July 1, 2009, subject to the availability of
appropriations for the payment of the claims.
new text end

If the amount awarded to or settled upon multiple claimants exceeds the applicable
limit under clause (d), (e), new text begin or new text end (f), deleted text begin or (g), deleted text end any party may apply to the district court to
apportion to each claimant a proper share of the amount available under the applicable
limit under clause (d), (e), new text begin or new text end (f) deleted text begin , or (g) deleted text end . The share apportioned to each claimant shall be
in the proportion that the ratio of the award or settlement bears to the aggregate awards
and settlements for all claims arising out of the occurrence.

The limitation imposed by this subdivision on individual claimants includes damages
claimed for loss of services or loss of support arising out of the same tort.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2006, section 3.736, is amended by adding a subdivision to
read:

new text begin Subd. 4b. new text end

new text begin Uncompensated medical expenses. new text end

new text begin (a) For purposes of this subdivision,
"uncompensated medical expenses" means medical expenses less payments made or
reasonably expected to be made to a claimant from collateral sources referred to in section
548.36, subdivision 1, that provide payments for medical expenses.
new text end

new text begin (b) There is no limit on the total liability of the state and its employees acting within
the scope of employment for uncompensated medical expenses of an individual claimant,
subject to the availability of appropriations for payment of the claim. The applicable limit
on an individual claim under subdivision 4 is waived only to the extent the claimant's
uncompensated medical expenses exceed the limit. The liability of the state and its
employees is limited to uncompensated medical expenses and the claimant or another
person is not entitled to recover separately for other damages arising out of the same tort,
including damages for loss of services or support.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end