Increased indemnification for tort claims against government officials provided.

A bill for an act

relating to corrections; providing for increased indemnification for tort claims

against government officials; amending Minnesota Statutes 2024, sections 3.736,

subdivision 4; 466.04, subdivision 1; repealing Minnesota Statutes 2024, sections

3.736, subdivisions 5, 6; 466.05.

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

Section 1.
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TITLE.
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This act shall be known as "Wrongful Act Indemnification Modernization Act"

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Sec. 2.

Minnesota Statutes 2024, 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
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, and before

July 1, 2019
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;

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(d) $5,000,000 when the claim is one for death by wrongful act or omission and

$1,000,000 to any claimant in any other case, for claims arising on or after July 1, 2019;

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(d)
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(e)
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$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;

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(e)
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(f)
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$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;

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(f)
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(g)
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$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;

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(g)
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(h)
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$1,500,000 for any number of claims arising out of a single occurrence, for claims

arising on or after July 1, 2009
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, and before July 1, 2019
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;
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or
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(i) $15,000,000 for any number of claims for death by wrongful act or omission arising

out of a single occurrence and $2,500,000 for any number of claims in any other case arising

out of a single occurrence, for claims arising on or after July 1, 2009; or

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(h)
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(j)
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$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
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(d),
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(e), (f), (g),
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or
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(h)
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, (i), or (j)
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, any party may apply to the district court to

apportion to each claimant a proper share of the amount available under the applicable limit

under clause
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(d),
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(e), (f),
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or
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(g)
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, (h), (i), or (j)
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. 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.

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The limitations imposed by this subdivision shall increase annually based on the Federal

Reserve inflation rate as calculated on December 31 for the following year.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to causes of action pending or commenced on or after that date.

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Sec. 3.

Minnesota Statutes 2024, 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
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, and before

July 1, 2019
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;

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(4) $5,000,000 when the claim is one for death by wrongful act or omission and

$1,000,000 to any claimant in any other case, for claims arising on or after July 1, 2019;

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(4)
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(5)
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$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;

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(5)
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(6)
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$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;

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(6)
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(7)
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$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;

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(7)
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(8)
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$1,500,000 for any number of claims arising out of a single occurrence, for claims

arising on or after July 1, 2009
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, and before July 1, 2019
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;

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(9) $15,000,000 for any number of claims for death by wrongful act or omission arising

out of a single occurrence and $2,500,000 for any number of claims in any other case arising

out of a single occurrence, for claims arising on or after July 1, 2019;

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(8)
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(10)
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twice the limits provided in clauses (1) to
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(7)
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(9)
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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

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(9)
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(11)
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$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.

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(c) The limitations imposed by this subdivision shall increase annually based on the

Federal Reserve inflation rate as calculated on December 31 for the following year.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to causes of action pending on or commenced on or after that date.

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Sec. 4.
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REPEALER.
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Minnesota Statutes 2024, sections 3.736, subdivisions 5 and 6; and 466.05,

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are repealed.

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APPENDIX

Repealed Minnesota Statutes: 26-07638

3.736 TORT CLAIMS.

Subd. 5.

Notice required.

Except as provided in subdivision 6, every person, whether plaintiff, defendant or third-party plaintiff or defendant, who claims compensation from the state or a state employee acting within the scope of employment for or on account of any loss or injury shall present to the attorney general or, in the case of a claim against the University of Minnesota, to the person designated by the regents of the university as the university attorney, and any state employee from whom the claimant will seek compensation, within 180 days after the alleged loss or injury is discovered, a notice stating its time, place and circumstances, the names of any state employees known to be involved, and the amount of compensation or other relief demanded. Actual notice of sufficient facts to reasonably put the state or its insurer on notice of a possible claim complies with the notice requirements of this section. Failure to state the amount of compensation or other relief demanded does not invalidate the notice, but the claimant shall furnish full information available regarding the nature and extent of the injuries and damages within 15 days after demand by the state. The time for giving the notice does not include the time during which the person injured is incapacitated by the injury from giving the notice.

Subd. 6.

Claims for wrongful death; notice.

When the claim is one for death by wrongful act or omission, the notice may be presented by the personal representative, surviving spouse, or next of kin, or the consular officer of the foreign country of which the deceased was a citizen, within one year after the alleged injury or loss resulting in the death. If the person for whose death the claim is made has presented a notice that would have been sufficient had the person lived, an action for wrongful death may be brought without additional notice.

466.05 NOTICE OF CLAIM.

Subdivision 1.

Notice required.

Except as provided in subdivision 2, every person, whether plaintiff, defendant or third-party plaintiff or defendant, who claims damages from any municipality or municipal employee acting within the scope of employment for or on account of any loss or injury within the scope of section
466.02
shall cause to be presented to the governing body of the municipality within 180 days after the alleged loss or injury is discovered a notice stating the time, place and circumstances thereof, the names of the municipal employees known to be involved, and the amount of compensation or other relief demanded. Actual notice of sufficient facts to reasonably put the governing body of the municipality or its insurer on notice of a possible claim shall be construed to comply with the notice requirements of this section. Failure to state the amount of compensation or other relief demanded does not invalidate the notice; but in such case, the claimant shall furnish full information regarding the nature and extent of the injuries and damages within 15 days after demand by the municipality. The time for giving such notice does not include the time, during which the person injured is incapacitated by the injury from giving the notice.

Subd. 2.

Claims for wrongful death; notice.

When the claim is one for death by wrongful act or omission, the notice may be presented by the personal representative, surviving spouse, or next of kin, or the consular officer of the foreign country of which the deceased was a citizen, within one year after the alleged injury or loss resulting in such death; if the person for whose death the claim is made has presented a notice that would have been sufficient had the person lived an action for wrongful death may be brought without any additional notice.