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H.F. No. 1819, 2nd Engrossment - 87th Legislative Session (2011-2012)   Posted on Mar 13, 2012

1.1A bill for an act
1.2relating to the military; providing civil immunity from damages in certain
1.3situations; modifying business discrimination provision;amending Minnesota
1.4Statutes 2010, section 363A.17; proposing coding for new law in Minnesota
1.5Statutes, chapter 192.

1.9    Subdivision 1. Definitions. As used in this section, the following terms have the
1.10meanings given them:
1.11(1) "program" means the "Beyond the Yellow Ribbon" program;
1.12(2) "program administrator" means any individual with responsibility for
1.13coordinating the program or coordinating volunteers participating in the program; and
1.14(3) "services" means any voluntary assistance coordinated by the program that is
1.15related to an active or reserve service member's or the service member's family's home
1.16maintenance, transportation, physical or emotional health, personal finances, or other
1.17similar needs and that is provided to the service member or to an immediate family
1.18member of the service member before, during, or after the service member's mobilization
1.19or deployment for a contingency operation ordered by a proper military authority.
1.20    Subd. 2. Civil immunity. (a) A program administrator and any person that, in good
1.21faith, participates in any capacity in the program and provides services is not liable for
1.22damages resulting from the acts or omissions by that person in providing the services,
1.23provided that the person providing the services is liable if the act or omission is willful,
1.24wanton, or reckless.
2.1(b) A recipient of services provided by a person participating in any capacity in the
2.2program is not liable for damages incurred by the person in the course of providing the
2.3services, unless the damage is the result of a willful, wanton, or reckless act or omission of
2.4the recipient.
2.5    Subd. 3. Exception. This section does not apply:
2.6(1) to the extent the acts or omissions are covered by an insurance policy issued to
2.7the person or to the entity for whom the person serves;
2.8(2) to a person who provides services during the course of the person's regular
2.9employment and for which the person receives compensation; or
2.10(3) to a person who provides voluntary services that the person also provides for
2.11compensation in the normal course of business, if the person is not insured for damages or
2.12injury that may result from those services and the person does not notify, in writing, the
2.13program and the recipient of the services of this fact before providing the services.
2.14EFFECTIVE DATE.This section is effective the day following final enactment
2.15and applies to damages incurred on or after that date.

2.16    Sec. 2. Minnesota Statutes 2010, section 363A.17, is amended to read:
2.18It is an unfair discriminatory practice for a person engaged in a trade or business
2.19or in the provision of a service:
2.20(1) to refuse to do business with or provide a service to a woman based on her
2.21use of her current or former surname; or
2.22(2) to impose, as a condition of doing business with or providing a service to a
2.23woman, that a woman use her current surname rather than a former surname; or
2.24(3) to intentionally refuse to do business with, to refuse to contract with, or to
2.25discriminate in the basic terms, conditions, or performance of the contract because of
2.26a person's race, national origin, color, sex, sexual orientation, or disability, or military
2.27service status, unless the alleged refusal or discrimination is because of a legitimate
2.28business purpose.
2.29Nothing in this section shall prohibit positive action plans.