Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 708-H.F.No. 2407 
           An act relating to the state and local governments; 
          providing that municipal volunteers are employees for 
          purposes of tort claims; providing that employees and 
          officers of the world trade center board and greater 
          Minnesota corporation are state employees for purposes 
          of state tort claims; providing that officers and 
          directors of public corporations are immune from 
          liability under standards for nonprofit corporations; 
          clarifying immunity from civil liability for certain 
          athletic officials; amending Minnesota Statutes 1986, 
          sections 317.22, subdivision 4; 317.28; and 466.01, by 
          adding a subdivision; Minnesota Statutes 1987 
          Supplement, sections 44A.02, subdivision 3; 116O.03, 
          by adding a subdivision; 116O.04, subdivision 2; 
          317.201, subdivision 1; and 604.08, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, section 
44A.02, subdivision 3, is amended to read:  
    Subd. 3.  [EMPLOYEES.] The president may appoint employees 
and prescribe their duties.  Employees and officers of the 
corporation are not state employees, but are covered by section 
3.736 and, at the option of the board, may participate in the 
following plans for employees in the unclassified service:  the 
state retirement plan, the state deferred compensation plan, and 
the health insurance and life insurance plans.  The president 
may delegate to a subordinate the exercise of specified 
statutory powers or duties as the president deems advisable, 
subject to the control of the president. 
    Sec. 2.  Minnesota Statutes 1987 Supplement, section 
116O.03, is amended by adding a subdivision to read: 
    Subd. 10.  [TORT CLAIMS.] The corporation is a state agency 
for purposes of section 3.736. 
    Sec. 3.  Minnesota Statutes 1987 Supplement, section 
116O.04, subdivision 2, is amended to read:  
    Subd. 2.  [STATUS OF EMPLOYEES.] Employees, officers, and 
directors of the corporation are not state employees, but are 
covered by section 3.736 and, at the option of the board, may 
participate in the state retirement plan and the state deferred 
compensation plan for employees in the unclassified service and 
an insurance plan administered by the commissioner of employee 
relations. 
    Sec. 4.  Minnesota Statutes 1987 Supplement, section 
317.201, subdivision 1, is amended to read:  
    Subdivision 1.  [GENERALLY.] Except as provided in 
subdivision 2, no person who serves without compensation as a 
director, officer, trustee, member, or agent of an organization 
exempt from state income taxation under section 290.05, 
subdivision 2, or who serves without compensation as a fire 
chief of a nonprofit firefighting corporation or municipal 
volunteer fire department, or of a public corporation 
established by law but not considered a municipality, shall be 
held civilly liable for an act or omission by that person if the 
act or omission was in good faith, was within the scope of the 
person's responsibilities as a director, officer, trustee, 
member, agent, or fire chief of the organization, and did not 
constitute willful or reckless misconduct. 
    Sec. 5.  Minnesota Statutes 1986, section 317.22, 
subdivision 4, is amended to read: 
    Subd. 4.  [NOTICE.] Subject to waiver under section 317.24, 
notice of meetings and elections, as provided in section 317.02, 
subdivision 6, shall be given to all members entitled to vote at 
the meeting or election.  If proxies are permitted at the 
meeting, the notice shall so inform members and state the 
procedure for appointing proxies. 
    Sec. 6.  Minnesota Statutes 1986, section 317.28, is 
amended to read: 
    317.28 [BOOKS AND RECORDS; FINANCIAL STATEMENT.] 
    (1) A domestic corporation shall keep at its registered 
office correct and complete books of account and minutes of 
proceedings of meetings of (a) members, (b) board of directors, 
and (c) committees having any of the authority of the board of 
directors.  
    (2) A member, or the member's agent or attorney, may 
inspect all books and records for any proper purpose at any 
reasonable time. 
    (3) Upon request by a member, the domestic corporation 
shall furnish the member with a statement showing the financial 
result of all operations and transactions affecting income and 
surplus during its last annual accounting period and a balance 
sheet containing a summary of its assets and liabilities as of 
the closing date of such accounting period.  
    (4) If the articles or bylaws permit a specified percentage 
of members to call a meeting of the board of directors or the 
membership, the corporation shall provide any voting member, 
within ten days after receiving a request, a statement showing 
the number of members required to call the meeting.  The 
statement is binding on the corporation.  
    Sec. 7.  Minnesota Statutes 1986, section 466.01, is 
amended by adding a subdivision to read: 
    Subd. 6.  [EMPLOYEE, OFFICER, OR AGENT.] For the purposes 
of sections 466.01 to 466.15, "employee," "officer," or "agent" 
means a present or former employee, officer, or agent of a 
municipality, or other person acting on behalf of the 
municipality in an official capacity, temporarily or 
permanently, with or without compensation, but does not include 
an independent contractor. 
    Sec. 8.  Minnesota Statutes 1987 Supplement, section 
604.08, subdivision 1, is amended to read:  
    Subdivision 1.  [GRANT.] No individual who provides 
services or assistance without compensation as an athletic 
coach, manager, or official for a sports team that is organized 
or performing under a nonprofit charter, and no community-based, 
voluntary nonprofit athletic association, or any volunteer of 
the nonprofit athletic association, is liable for money damages 
to a player or, participant, or spectator as a result of an 
individual's acts or omissions in the providing of that service 
or assistance. 
    This section applies to organized sports competitions and 
practice and instruction in that sport. 
    For purposes of this section, "compensation" does not 
include reimbursement for expenses. 
    Approved May 4, 1988