2007 Minnesota Statutes

466.12 SCHOOL DISTRICTS AND CERTAIN TOWNS.
    Subdivision 1. Not applicable; exception. Sections 466.01 to 466.11, except as otherwise
provided for in this section, do not apply to any school district, however organized, or to a town
not exercising the powers of a statutory city under the provisions of Minnesota Statutes 1961,
section 368.01, as amended.
    Subd. 2. Pre-12/13/1962 immunity enacted, defined. The doctrine of "governmental
immunity from tort liability" as a rule of the decisions of the courts of this state is hereby enacted
as a rule of statutory law applicable to all school districts and towns not exercising powers of
statutory cities in the same manner and to the same extent as it was applied in this state to school
districts and such towns on and prior to December 13, 1962.
As used in this subdivision the doctrine of "governmental immunity from tort liability"
means the doctrine as part of the common law of England as adopted by the courts of this state as
a rule of law exempting from tort liability school districts and towns not exercising the powers
of statutory cities regardless of whether they are engaged in either governmental or proprietary
activities, subject however, to such modifications thereof made by statutory enactments heretofore
enacted, and subject to the other provisions of this section.
    Subd. 3. Towns may insure, be liable. A town not exercising the powers of a statutory
city may procure insurance as provided for in section 466.06, and if a town not exercising the
powers of a statutory city procures such insurance it shall otherwise be subject to all the terms
and provisions of sections 466.02 to 466.09 to the extent of the liability coverage afforded.
Cancellation or expiration of any liability policy shall restore immunity as herein provided as of
the date of such cancellation or expiration.
    Subd. 3a. Schools shall insure, be liable; conditions. A school district shall procure
insurance as provided in section 466.06, meeting the requirements of section 466.04, if it is able
to obtain insurance and the cost thereof does not exceed $1.50 per pupil per year for the average
number of pupils. If, after a good faith attempt to procure such insurance, a school district is
unable to do so, and the commissioner of insurance certifies that such insurance is unobtainable, it
shall be subject to the provisions of subdivisions 1 and 2. If the school district fails to make a
good faith attempt to procure such insurance and the commissioner of insurance does not certify
that such insurance is unobtainable, then in that event section 466.12 shall not apply to such a
school district and it shall be subject to all of the other applicable provisions of chapter 466.
    Subd. 4.[Repealed, 1996 c 310 s 1]
History: 1963 c 798 s 12; 1965 c 748 s 1; 1969 c 826 s 1-3; 1973 c 123 art 5 s 7; 1974
c 472 s 1