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HF 2371

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/11/2016 04:42pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 05/17/2015
1st Engrossment Posted on 04/11/2016

Current Version - 1st Engrossment

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A bill for an act
relating to claims; providing for claims for loss, damage, or destruction of
property of patients or inmates of a state institution; establishing a claim limit of
$7,000 for settlement by the commissioners of human services, veterans affairs,
or corrections for property claims made by patients or inmates and medical claims
made by conditionally released offenders; increasing claims filing fee; amending
Minnesota Statutes 2014, sections 3.736, subdivision 3; 3.739, subdivision 2;
3.749; proposing coding for new law in Minnesota Statutes, chapter 3.

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

Section 1.

Minnesota Statutes 2014, section 3.736, subdivision 3, is amended to read:


Subd. 3.

Exclusions.

Without intent to preclude the courts from finding additional
cases where the state and its employees should not, in equity and good conscience, pay
compensation for personal injuries or property losses, the legislature declares that the state
and its employees are not liable for the following losses:

(a) a loss caused by an act or omission of a state employee exercising due care in the
execution of a valid or invalid statute or rule;

(b) a loss caused by the performance or failure to perform a discretionary duty,
whether or not the discretion is abused;

(c) a loss in connection with the assessment and collection of taxes;

(d) a loss caused by snow or ice conditions on a highway or public sidewalk that
does not abut a publicly owned building or a publicly owned parking lot, except when the
condition is affirmatively caused by the negligent acts of a state employee;

(e) a loss caused by wild animals in their natural state, except as provided in section
3.7371;

(f) a loss other than injury to or loss of property or personal injury or death;

(g) a loss caused by the condition of unimproved real property owned by the state,
which means land that the state has not improved, state land that contains idled or
abandoned mine pits or shafts, and appurtenances, fixtures, and attachments to land that
the state has neither affixed nor improved;

(h) a loss involving or arising out of the use or operation of a recreational motor
vehicle, as defined in section 84.90, subdivision 1, within the right-of-way of a trunk
highway, as defined in section 160.02, except that the state is liable for conduct that would
entitle a trespasser to damages against a private person;

(i) a loss incurred by a user arising from the construction, operation, or maintenance
of the outdoor recreation system, as defined in section 86A.04, or for a loss arising from the
construction, operation, maintenance, or administration of grants-in-aid trails as defined in
section 85.018, or for a loss arising from the construction, operation, or maintenance of a
water access site created by the Iron Range Resources and Rehabilitation Board, except
that the state is liable for conduct that would entitle a trespasser to damages against a
private person. For the purposes of this clause, a water access site, as defined in section
86A.04 or created by the Iron Range Resources and Rehabilitation Board, that provides
access to an idled, water filled mine pit, also includes the entire water filled area of the pit
and, further, includes losses caused by the caving or slumping of the mine pit walls;

(j) a loss of benefits or compensation due under a program of public assistance or
public welfare, except if state compensation for loss is expressly required by federal law
in order for the state to receive federal grants-in-aid;

(k) a loss based on the failure of a person to meet the standards needed for a license,
permit, or other authorization issued by the state or its agents;

(l) a loss based on the usual care and treatment, or lack of care and treatment, of a
person at a state hospital or state corrections facility where reasonable use of available
appropriations has been made to provide care;

(m) loss, damage, or destruction of property of a patient or inmate of a state
institutionnew text begin new text endnew text beginexceptnew text endnew text begin as provided under section 3.7381new text end;

(n) a loss for which recovery is prohibited by section 169A.48, subdivision 2;

(o) a loss caused by an aeration, bubbler, water circulation, or similar system used
to increase dissolved oxygen or maintain open water on the ice of public waters, that is
operated under a permit issued by the commissioner of natural resources;

(p) a loss incurred by a visitor to the Minnesota Zoological Garden, except that the
state is liable for conduct that would entitle a trespasser to damages against a private person;

(q) a loss arising out of a person's use of a logging road on public land that is
maintained exclusively to provide access to timber on that land by harvesters of the timber,
and is not signed or otherwise held out to the public as a public highway; and

(r) a loss incurred by a user of property owned, leased, or otherwise controlled by
the Minnesota National Guard or the Department of Military Affairs, except that the state
is liable for conduct that would entitle a trespasser to damages against a private person.

The state will not pay punitive damages.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 2.

new text begin [3.7381] LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY; STATE
INSTITUTIONS; CORRECTIONAL FACILITIES.
new text end

new text begin (a) The commissioners of human services, veterans affairs, or corrections, as
appropriate, shall determine, adjust, and settle, at any time, claims and demands of $7,000
or less arising from negligent loss, damage, or destruction of property of a patient of a state
institution under the control of the commissioner of human services or the commissioner
of veterans affairs or an inmate of a state correctional facility.
new text end

new text begin (b) A claim of more than $7,000, or a claim that was not paid by the appropriate
department may be presented to, heard, and determined by the appropriate committees
of the senate and the house of representatives and, if approved, shall be paid pursuant
to legislative claims procedure.
new text end

new text begin (c) The procedure established by this section is exclusive of all other legal, equitable,
and statutory remedies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 3.

Minnesota Statutes 2014, section 3.739, subdivision 2, is amended to read:


Subd. 2.

Evaluation and payment of claims.

Claims of deleted text begin$500deleted text endnew text begin $7,000new text end or less subject
to this section shall be investigated by the state or local agency responsible for supervising
the work to determine if the claim is valid and if the loss is covered by the claimant's
insurance. The investigating agency shall submit all appropriate claims to the Department
of Corrections. Subject to the limitations contained in subdivision 2a, the department shall
pay the portion of an approved claim that is not covered by the claimant's insurance.
This payment shall be made within a reasonable time. On or before the first day of each
legislative session, the department shall submit to the appropriate committees of the senate
and the house of representatives a list of the claims paid by it during the preceding calendar
year and shall be reimbursed by legislative appropriation for the claims paid. For the
purposes of this paragraph, in the case of a juvenile claimant the term "claimant's insurance"
includes the insurance of the juvenile's parents if the juvenile is covered by the insurance.

A claim in excess of deleted text begin$500deleted text endnew text begin $7,000new text end, and a claim that was not paid by the department
may be presented to, heard, and determined by the appropriate committees of the senate
and the house of representatives and, if approved, shall be paid pursuant to legislative
claims procedure.

No juvenile claimant receiving payment under this section may be identified by name
either in the list of claimants submitted by the department or in the legislative appropriation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end

Sec. 4.

Minnesota Statutes 2014, section 3.749, is amended to read:


3.749 LEGISLATIVE CLAIMS; FILING FEE.

A person filing a claim with the joint senate-house of representatives Subcommittee
on Claims must pay a filing fee of deleted text begin$5deleted text endnew text begin $8new text end. The money must be deposited by the clerk of
the subcommittee in the state treasury and credited to the general fund. A claimant who
is successful in obtaining an award from the subcommittee shall be reimbursed for the
fee paid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2016.
new text end