HF 1819

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/08/2012 01:23pm

A bill for an act
relating to the military; beyond the yellow ribbon program; civil immunity;
proposing coding for new law in Minnesota Statutes, chapter 192.

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

Section 1.

new text begin [192.535] CIVIL IMMUNITY; BEYOND THE YELLOW RIBBON
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
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new text begin (1) "services" means the provision of physical, emotional, financial, or other care,
assistance, counseling, advice, or services; and
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new text begin (2) "program" means the Minnesota National Guard beyond the yellow ribbon
program.
new text end

new text begin Subd. 2. new text end

new text begin Civil immunity. new text end

new text begin (a) A person who, while participating in any capacity in
the program, provides services to an active or reserve service member or to an immediate
family member of the service member before, during, or after the service member's
mobilization or deployment for a contingency operation ordered by a proper military
authority is not liable for damages resulting from the acts or omissions by that person in
providing the services, unless the act or omission is willful and wanton or reckless.
new text end

new text begin (b) A recipient of services provided by a person participating in any capacity in
the program is not liable for damages incurred by the person in the course of providing
the services, unless the damage is the result of a willful and wanton or reckless act or
omission of the recipient.
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new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin This section does not apply to a person who provides services
to an active or reserve service member or to an immediate family member of the service
member during the course of the person's regular employment and for which the person
receives compensation.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to damages incurred on or after that date.
new text end