Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 152-H.F.No. 285 
           An act relating to liquor laws; eliminating vicarious 
          criminal liability for the employer of an individual 
          who violates a liquor law; reenacting certain 
          amendments to the dram shop act; providing for 
          liability of professional review organizations; 
          amending Minnesota Statutes 1986, sections 145.63; 
          340A.501; and 340A.801, subdivision 1; repealing 
          Minnesota Statutes 1986, section 340A.801, subdivision 
          5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1 
    Section 1.  [REENACTMENT.] 
    Minnesota Statutes, chapter 340A, as published in Minnesota 
Statutes 1986, is reenacted.  

                               ARTICLE 2 
    Section 1.  Minnesota Statutes 1986, section 145.63, is 
amended to read:  
    145.63 [LIMITATION ON LIABILITY FOR SPONSORING 
ORGANIZATIONS AND MEMBERS OF REVIEW ORGANIZATIONS.] 
    Subdivision 1.  [MEMBERS.] No person who is a member or 
employee of, who acts in an advisory capacity to or who 
furnishes counsel or services to, a review organization shall be 
liable for damages or other relief in any action brought by a 
person or persons whose activities have been or are being 
scrutinized or reviewed by a review organization, by reason of 
the performance by the person of any duty, function or activity 
of such review organization, unless the performance of such 
duty, function or activity was motivated by malice toward the 
person affected thereby.  No person shall be liable for damages 
or other relief in any action by reason of the performance of 
the person of any duty, function, or activity as a member of a 
review committee or by reason of any recommendation or action of 
the review committee when the person acts in the reasonable 
belief that the action or recommendation is warranted by facts 
known to the person or the review organization after reasonable 
efforts to ascertain the facts upon which the review 
organization's action or recommendation is made, except that any 
corporation designated as a review organization under the Code 
of Federal Regulations, title 42, section 466 (1983) shall be 
subject to actions for damages or other relief by reason of any 
failure of a person, whose care or treatment is required to be 
scrutinized or reviewed by the review organization, to receive 
medical care or treatment as a result of a determination by the 
review organization that medical care was unnecessary or 
inappropriate. 
    Subd. 2.  [ORGANIZATIONS.] No state or local association of 
professionals or organization of professionals from a particular 
area shall be liable for damages or other relief in any action 
brought by a person whose activities have been or are being 
scrutinized or reviewed by a review organization established by 
the association or organization, unless the association or 
organization was motivated by malice towards the person affected 
by the review or scrutiny.  
    Sec. 2.  Minnesota Statutes 1986, section 340A.501, is 
amended to read: 
    340A.501 [RESPONSIBILITY OF LICENSEE.] 
    Every licensee is responsible for the conduct in the 
licensed establishment and any sale of alcoholic beverage by any 
employee authorized to sell alcoholic beverages in the 
establishment is the act of the licensee for the purposes of all 
provisions of this chapter except sections 340A.701, 340A.702, 
and 340A.703. 
    Sec. 3.  Minnesota Statutes 1986, section 340A.801, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RIGHT OF ACTION.] A spouse, child, parent, 
guardian, employer, or other person injured in person, property, 
or means of support, or who incurs other pecuniary loss by an 
intoxicated person or by the intoxication of another person, has 
a right of action in the person's own name for all damages 
sustained against a person who caused the intoxication of that 
person by illegally selling alcoholic beverages.  All damages 
recovered by a minor under this section must be paid either to 
the minor or to the minor's parent, guardian, or next friend as 
the court directs. 
    Sec. 4.  [EFFECT OF OTHER AMENDMENTS TO CHAPTER 340A.] 
    Notwithstanding Minnesota Statutes, section 645.26, 
subdivision 3, if a law amending Minnesota Statutes 1986, 
chapter 340A, is enacted by the 1987 legislature, the law 
prevails over article 1, section 1, of this act, regardless of 
its date of final enactment. 
    Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1986, section 340A.801, subdivision 5, 
is repealed. 
    Sec. 6.  [EFFECTIVE DATE.] 
    Article 2, section 2, is effective the day following final 
enactment. 
    Approved May 15, 1987