SF 518

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 10:05am

A bill for an act
relating to child care; establishing exemption from personal liability for municipality
officers or employees; removing exception for counties to be liable for claims at
family day care where county had actual knowledge of risk that led to claims;
amending Minnesota Statutes 2020, section 466.03, subdivision 6d.

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

Section 1.

Minnesota Statutes 2020, section 466.03, subdivision 6d, is amended to read:

Subd. 6d.

Licensing of providers.

A claim against a municipality based on the failure
of a provider to meet the standards needed for a license to operate a day care facility under
chapter 245A for children deleted text begin , unless the municipality had actual knowledge of a failure to meet
licensing standards that resulted in a dangerous condition that foreseeably threatened the
plaintiff deleted text end . A municipality shall be immune from liability for a claim arising out of a provider's
use of a swimming pool located at a family day care or group family day care home under
section 245A.14, subdivision deleted text begin 10 deleted text end deleted text begin , unless the municipality had actual knowledge of a provider's
failure to meet the licensing standards under section 245A.14, subdivision 10, paragraph
(a), clauses (1) to (3), that resulted in a dangerous condition that foreseeably threatened the
plaintiff deleted text end new text begin 11 new text end . new text begin An officer or employee of a municipality shall be immune from liability for a
claim based on the failure of a provider to meet the necessary standards for a license to
operate a day care facility for children under chapter 245A, unless the officer or employee
is found guilty of malfeasance in office, willful neglect of duty, or bad faith.
new text end