1.2relating to civil law; providing state and municipal liability for certain claims
1.3involving certain nonprofit organizations;amending Minnesota Statutes 2010,
1.4sections 3.736, subdivision 4; 466.04, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 3.736, subdivision 4, is amended to read:
1.7 Subd. 4.
Limits. The total liability of the state and its employees acting within the
1.8scope of their employment on any tort claim shall not exceed:
1.9 (a) $300,000 when the claim is one for death by wrongful act or omission and
1.10$300,000 to any claimant in any other case, for claims arising before August 1, 2007;
1.11 (b) $400,000 when the claim is one for death by wrongful act or omission and
1.12$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007,
1.13and before July 1, 2009;
1.14 (c) $500,000 when the claim is one for death by wrongful act or omission and
1.15$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
1.16 (d) $750,000 for any number of claims arising out of a single occurrence, for claims
1.17arising on or after January 1, 1998, and before January 1, 2000;
1.18 (e) $1,000,000 for any number of claims arising out of a single occurrence, for
1.19claims arising on or after January 1, 2000, and before January 1, 2008
, and for claims
1.20involving nonprofit organizations engaged in or administering outdoor recreational
1.21activities funded in whole or in part by the state or operating under the authorization of
1.22a permit issued by an agency or department of the state;
1.23 (f) $1,200,000 for any number of claims arising out of a single occurrence, for
1.24claims arising on or after January 1, 2008, and before July 1, 2009; or
2.1 (g) $1,500,000 for any number of claims arising out of a single occurrence, for
2.2claims arising on or after July 1, 2009.
2.3 If the amount awarded to or settled upon multiple claimants exceeds the applicable
2.4limit under clause (d), (e), (f), or (g), any party may apply to the district court to apportion
2.5to each claimant a proper share of the amount available under the applicable limit under
2.6clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in the proportion
2.7that the ratio of the award or settlement bears to the aggregate awards and settlements for
2.8all claims arising out of the occurrence.
2.9 The limitation imposed by this subdivision on individual claimants includes damages
2.10claimed for loss of services or loss of support arising out of the same tort.
2.11EFFECTIVE DATE.This section is effective the day following final enactment,
2.12and applies to claims arising from acts or omissions that occur on or after that date.
2.13 Sec. 2. Minnesota Statutes 2010, section 466.04, subdivision 1, is amended to read:
2.14 Subdivision 1.
Limits; punitive damages. (a) Liability of any municipality on any
2.15claim within the scope of sections 466.01 to 466.15 shall not exceed:
2.16(1) $300,000 when the claim is one for death by wrongful act or omission and
2.17$300,000 to any claimant in any other case, for claims arising before January 1, 2008;
2.18(2) $400,000 when the claim is one for death by wrongful act or omission and
2.19$400,000 to any claimant in any other case, for claims arising on or after January 1,
2.202008, and before July 1, 2009;
2.21(3) $500,000 when the claim is one for death by wrongful act or omission and
2.22$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
2.23(4) $750,000 for any number of claims arising out of a single occurrence, for claims
2.24arising on or after January 1, 1998, and before January 1, 2000;
2.25(5) $1,000,000 for any number of claims arising out of a single occurrence, for
2.26claims arising on or after January 1, 2000, and before January 1, 2008
, and for claims
2.27involving nonprofit organizations engaged in or administering outdoor recreational
2.28activities funded in whole or in part by a municipality or operating under the authorization
2.29of a permit issued by a municipality;
2.30(6) $1,200,000 for any number of claims arising out of a single occurrence, for
2.31claims arising on or after January 1, 2008, and before July 1, 2009;
2.32(7) $1,500,000 for any number of claims arising out of a single occurrence, for
2.33claims arising on or after July 1, 2009; or
3.1(8) twice the limits provided in clauses (1) to (7) when the claim arises out of the
3.2release or threatened release of a hazardous substance, whether the claim is brought under
3.3sections 115B.01 to 115B.15 or under any other law.
3.4(b) No award for damages on any such claim shall include punitive damages.
3.5EFFECTIVE DATE.This section is effective the day following final enactment,
3.6and applies to claims arising from acts or omissions that occur on or after that date.