Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 166-S.F.No. 1429
           An act relating to state government; providing for 
          indemnification of judges and employees of the 
          legislative and judicial branches from tort, civil, or 
          equitable claims; preserving immunities; amending 
          Minnesota Statutes 1984, sections 3.732, subdivision 
          1; and 3.736, subdivisions 1 and 9. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 3.732, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section and 
section 3.736 the terms defined in this section have the 
meanings given them. 
    (1) "State" includes each of the departments, boards, 
agencies, commissions, courts, and officers in the executive 
branch, legislative, and judicial branches of the state of 
Minnesota and includes but is not limited to the Minnesota 
Housing Finance Agency, the Minnesota Higher Education 
Coordinating Board, the Minnesota Higher Education Facilities 
Authority, the Armory Building Commission, the State Zoological 
Board, the University of Minnesota, state universities, 
community colleges, state hospitals, and state penal 
institutions.  It does not include a city, town, county, school 
district, or other local governmental body corporate and politic.
    (2) "Employee of the state" means all present or former 
officers, members, directors or employees of the state, members 
of the Minnesota national guard, or persons acting on behalf of 
the state in an official capacity, temporarily or permanently, 
with or without compensation, but does not include either an 
independent contractor or members of the Minnesota national 
guard while engaged in training or duty under United States 
Code, title 10, or United States Code, title 32, section 316, 
502, 503, 504, or 505, as amended through December 31, 1983. 
    (3) "Scope of his office or employment" means that the 
employee was acting on behalf of the state in the performance of 
duties or tasks lawfully assigned to him by competent authority. 
    Sec. 2.  Minnesota Statutes 1984, section 3.736, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL RULE.] The state will pay 
compensation for injury to or loss of property or personal 
injury or death caused by an act or omission of any employee of 
the state while acting within the scope of his office or 
employment, under circumstances where the state, if a private 
person, would be liable to the claimant.  Nothing in this 
section waives the defense of judicial or legislative immunity 
except to the extent provided in subdivision 8.  
    Sec. 3.  Minnesota Statutes 1984, section 3.736, 
subdivision 9, is amended to read: 
    Subd. 9.  [INDEMNIFICATION.] The state of Minnesota shall 
defend, save harmless, and indemnify any employee of the state 
against expenses, attorneys' fees, judgments, fines, and amounts 
paid in settlement actually and reasonably incurred by the 
employee of the state in connection with any tort, civil, or 
equitable claim or demand, or expenses, attorneys' fees, 
judgments, fines, and amounts paid in settlement actually and 
reasonably incurred by the employee of the state in connection 
with any claim or demand arising from the issuance and sale of 
any securities by the state, whether groundless or otherwise, 
arising out of an alleged act or omission occurring heretofore 
or hereafter during his period of employment if the employee 
provides complete disclosure and cooperation in the defense of 
the claim or demand and if the employee was acting within the 
scope of his employment.  Except for elected employees, an 
employee of the state shall be conclusively presumed to have 
been acting within the scope of his employment if the employee's 
appointing authority issues a certificate to that effect. This 
determination may be overruled by the attorney general. The 
determination of whether an employee of the state was acting 
within the scope of his employment shall be a question of fact 
to be determined by the trier of fact based upon the 
circumstances of each case (i) in the absence of a 
certification, (ii) if a certification is overruled by the 
attorney general, (iii) if an unfavorable certification is made, 
or (iv) with respect to an elected official.  The absence of the 
certification or an unfavorable certification shall not be 
evidence relevant to such a determination.  It is the express 
intent of this provision to defend, save harmless, and indemnify 
any employee of the state against the full amount of any final 
judgment rendered by a court of competent jurisdiction arising 
from a claim or demand described herein, regardless of whether 
the limitations on liability specified in subdivision 4 or 4a 
hereof are, for any reason, found to be inapplicable.  This 
subdivision does not apply in case of malfeasance in office or 
willful or wanton actions or neglect of duty, nor does it apply 
to expenses, attorneys' fees, judgments, fines, and amounts paid 
in settlement of claims for proceedings brought by or before 
responsibility or ethics boards or committees. 
    Approved May 20, 1985