Bill Text: MN SF1183 | 2011-2012 | 87th Legislature | Chaptered
Bill Title: Tort claims liability limits for state and local governments modifications; municipality contracts maximum liability provision modification
Spectrum: Bipartisan Bill
Status: (Passed) 2012-03-19 - Secretary of State Chapter 131 03/15/12 [SF1183 Detail]
Download: Minnesota-2011-SF1183-Chaptered.html
CHAPTER 131--S.F.No. 1183
An act
relating to civil law; restoring state and local government tort liability limits to pre-2008 levels in certain instances; prohibiting state and local
government contracts that require contractors to provide liability insurance or
other security in excess of those limits;amending Minnesota Statutes 2010,
sections 3.736, subdivision 4; 466.04, subdivisions 1, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2010, section 3.736, subdivision 4, is amended to read:
Subd. 4. Limits. The total liability of the state and its employees acting within the
scope of their employment on any tort claim shall not exceed:
(a) $300,000 when the claim is one for death by wrongful act or omission and
$300,000 to any claimant in any other case, for claims arising before August 1, 2007;
(b) $400,000 when the claim is one for death by wrongful act or omission and
$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007,
and before July 1, 2009;
(c) $500,000 when the claim is one for death by wrongful act or omission and
$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
(d) $750,000 for any number of claims arising out of a single occurrence, for claims
arising on or after January 1, 1998, and before January 1, 2000;
(e) $1,000,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2000, and before January 1, 2008;
(f) $1,200,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2008, and before July 1, 2009;
(g) $1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2009; or
(h) $1,000,000 for any number of claims arising out of a single occurrence, if the
claim involves a nonprofit organization engaged in or administering outdoor recreational
activities funded in whole or in part by the state or operating under the authorization of
a permit issued by an agency or department of the state.
If the amount awarded to or settled upon multiple claimants exceeds the applicable
limit under clause (d), (e), (f),
apportion to each claimant a proper share of the amount available under the applicable
limit under clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in
the proportion that the ratio of the award or settlement bears to the aggregate awards and
settlements for all claims arising out of the occurrence.
The limitation imposed by this subdivision on individual claimants includes damages
claimed for loss of services or loss of support arising out of the same tort.
EFFECTIVE DATE.This section is effective the day following final enactment,
and applies to claims arising from acts or omissions that occur on or after that date.
Sec. 2. Minnesota Statutes 2010, section 466.04, subdivision 1, is amended to read:
Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any
claim within the scope of sections 466.01 to 466.15 shall not exceed:
(1) $300,000 when the claim is one for death by wrongful act or omission and
$300,000 to any claimant in any other case, for claims arising before January 1, 2008;
(2) $400,000 when the claim is one for death by wrongful act or omission and
$400,000 to any claimant in any other case, for claims arising on or after January 1,
2008, and before July 1, 2009;
(3) $500,000 when the claim is one for death by wrongful act or omission and
$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
(4) $750,000 for any number of claims arising out of a single occurrence, for claims
arising on or after January 1, 1998, and before January 1, 2000;
(5) $1,000,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2000, and before January 1, 2008;
(6) $1,200,000 for any number of claims arising out of a single occurrence, for
claims arising on or after January 1, 2008, and before July 1, 2009;
(7) $1,500,000 for any number of claims arising out of a single occurrence, for
claims arising on or after July 1, 2009;
(8) twice the limits provided in clauses (1) to (7) when the claim arises out of the
release or threatened release of a hazardous substance, whether the claim is brought under
sections 115B.01 to 115B.15 or under any other law; or
(9) $1,000,000 for any number of claims arising out of a single occurrence, if the
claim involves a nonprofit organization engaged in or administering outdoor recreational
activities funded in whole or in part by a municipality or operating under the authorization
of a permit issued by a municipality.
(b) No award for damages on any such claim shall include punitive damages.
EFFECTIVE DATE.This section is effective the day following final enactment,
and applies to claims arising from acts or omissions that occur on or after that date.
Sec. 3. Minnesota Statutes 2010, section 466.04, subdivision 3, is amended to read:
Subd. 3. Disposition of multiple claims. Where the amount awarded to or settled
upon multiple claimants exceeds the applicable limit under subdivision 1, paragraph
(a), clauses
each claimant a proper share of the total amount limited by subdivision 1. The share
apportioned each claimant shall be in the proportion that the ratio of the award or
settlement made to each bears to the aggregate awards and settlements for all claims
arising out of the occurrence.
EFFECTIVE DATE.This section is effective the day following final enactment.
