No-cost contract with a non-profit organization in the state claims and municipality tort claims liability limitations inclusion provision

A bill for an act

relating to civil liability; including claims arising out of a no-cost contract with a

nonprofit organization in the state and municipality tort claims liability limitations;

amending Minnesota Statutes 2024, sections 3.736, subdivision 4; 466.04,

subdivision 1.

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

Section 1.

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;

(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
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or
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,
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operating under the authorization of a permit

issued by an agency or department of the state
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, or operating pursuant to a no-cost contract

with an agency or department of the state. For purposes of this subdivision, a "no-cost

contract" is a contract between an agency or department of the state and a nonprofit

organization where the nonprofit organization provides goods or services to the agency or

department at no cost to the state
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.

If the amount awarded to or settled upon multiple claimants exceeds the applicable limit

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

Sec. 2.

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;

(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
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or
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,
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operating under the authorization of a permit

issued by a municipality
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, or operating pursuant to a no-cost contract with a municipality.

For purposes of this subdivision, a "no-cost contract" is a contract between a municipality

and a nonprofit organization where the nonprofit organization provides goods or services

to the municipality at no cost to the municipality
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.

(b) No award for damages on any such claim shall include punitive damages.