Bill Text: MN HF211 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Liability limits modified for tort claims against the state and political subdivisions, conciliation court claims regulated, class action orders right of appeal provided, statute of limitations on claims modified, prejudgment interest modified, attorney fees regulated, and sex trafficking violations cause of action provided.
Sponsorship: Strong Partisan Bill (Republican 12-1)
Status: (Introduced - Dead) 2011-05-18 - HF indefinitely postponed [HF211 Detail]
Download: Minnesota-2011-HF211-Engrossed.html
1.2relating to civil actions; modifying liability limits for certain tort claims against
1.3the state and political subdivisions; regulating certain conciliation court claims;
1.4providing a right of appeal on certain class action orders; modifying the statute
1.5of limitations on certain claims; modifying prejudgment interest; regulating
1.6attorney fees; providing a cause of action for sex trafficking violations;amending
1.7Minnesota Statutes 2010, sections 3.736, subdivision 4; 466.03, subdivision 6e,
1.8by adding a subdivision; 466.04, subdivisions 1, 3; 491A.01, subdivision 3;
1.9541.05, subdivision 1; 549.09, subdivision 1; proposing coding for new law in
1.10Minnesota Statutes, chapters 540; 549; 609.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 3.736, subdivision 4, is amended to read:
1.13 Subd. 4. Limits. The total liability of the state and its employees acting within the
1.14scope of their employment on any tort claim shall not exceed:
1.15 (a) $300,000 when the claim is one for death by wrongful act or omission and
1.16$300,000 to any claimant in any other case, for claims arising before August 1, 2007;
1.17 (b) $400,000 when the claim is one for death by wrongful act or omission and
1.18$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007,
1.19and before July 1, 2009;
1.20 (c) $500,000 when the claim is one for death by wrongful act or omission and
1.21$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
1.22 (d) $750,000 for any number of claims arising out of a single occurrence, for claims
1.23arising on or after January 1, 1998, and before January 1, 2000;
1.24 (e) $1,000,000 for any number of claims arising out of a single occurrence, for
1.25claims arising on or after January 1, 2000, and before January 1, 2008;
1.26 (f) $1,200,000 for any number of claims arising out of a single occurrence, for
1.27claims 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; or
2.3(h) $1,000,000 for any number of claims arising out of a single occurrence, if the
2.4claim involves a nonprofit organization engaged in or administering outdoor recreational
2.5activities funded in whole or in part by the state or operating under the authorization of
2.6a permit issued by an agency or department of the state.
2.7 If the amount awarded to or settled upon multiple claimants exceeds the applicable
2.8limit under clause (d), (e), (f),or (g), or (h), any party may apply to the district court to
2.9apportion to each claimant a proper share of the amount available under the applicable
2.10limit under clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in
2.11the proportion that the ratio of the award or settlement bears to the aggregate awards and
2.12settlements for all claims arising out of the occurrence.
2.13 The limitation imposed by this subdivision on individual claimants includes damages
2.14claimed for loss of services or loss of support arising out of the same tort.
2.15EFFECTIVE DATE.This section is effective the day following final enactment
2.16and applies to claims arising from acts or omissions that occur on or after that date.
2.17 Sec. 2. Minnesota Statutes 2010, section 466.03, subdivision 6e, is amended to read:
2.18 Subd. 6e. Parks and recreation areas. Any claim based upon the construction,
2.19operation, or maintenance of any property owned or leased by the municipality that is
2.20intended or permitted to be used as a park, as an open area for recreational purposes, or for
2.21the provision of recreational services, or from any claim based on the clearing of land,
2.22removal of refuse, and creation of trails or paths without artificial surfaces, if the claim
2.23arises from a loss incurred by a user of park and recreation property or services. Nothing
2.24in this subdivision limits the liability of a municipality for conduct that would entitle a
2.25trespasser to damages against a private person, except as provided in subdivision 23.
2.26EFFECTIVE DATE.This section is effective the day following final enactment
2.27and applies to causes of action arising on or after that date.
2.28 Sec. 3. Minnesota Statutes 2010, section 466.03, is amended by adding a subdivision
2.29to read:
2.30 Subd. 23. Recreational use of school property and facilities. (a) Any claim for a
2.31loss or injury arising from the use of school property or a school facility made available
2.32for public recreational activity.
2.33(b) Nothing in this subdivision:
3.1(1) limits the liability of a school district for conduct that would entitle a trespasser
3.2to damages against a private person; or
3.3(2) reduces any existing duty owed by the school district.
3.4EFFECTIVE DATE.This section is effective the day following final enactment
3.5and applies to causes of action arising on or after that date.
3.6 Sec. 4. Minnesota Statutes 2010, section 466.04, subdivision 1, is amended to read:
3.7 Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any
3.8claim within the scope of sections 466.01 to 466.15 shall not exceed:
3.9(1) $300,000 when the claim is one for death by wrongful act or omission and
3.10$300,000 to any claimant in any other case, for claims arising before January 1, 2008;
3.11(2) $400,000 when the claim is one for death by wrongful act or omission and
3.12$400,000 to any claimant in any other case, for claims arising on or after January 1,
3.132008, and before July 1, 2009;
3.14(3) $500,000 when the claim is one for death by wrongful act or omission and
3.15$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
3.16(4) $750,000 for any number of claims arising out of a single occurrence, for claims
3.17arising on or after January 1, 1998, and before January 1, 2000;
3.18(5) $1,000,000 for any number of claims arising out of a single occurrence, for
3.19claims arising on or after January 1, 2000, and before January 1, 2008;
3.20(6) $1,200,000 for any number of claims arising out of a single occurrence, for
3.21claims arising on or after January 1, 2008, and before July 1, 2009;
3.22(7) $1,500,000 for any number of claims arising out of a single occurrence, for
3.23claims arising on or after July 1, 2009;or
3.24(8) twice the limits provided in clauses (1) to (7) when the claim arises out of the
3.25release or threatened release of a hazardous substance, whether the claim is brought under
3.26sections 115B.01 to 115B.15 or under any other law; or
3.27(9) $1,000,000 for any number of claims arising out of a single occurrence, if the
3.28claim involves a nonprofit organization engaged in or administering outdoor recreational
3.29activities funded in whole or in part by a municipality or operating under the authorization
3.30of a permit issued by a municipality.
3.31(b) No award for damages on any such claim shall include punitive damages.
3.32EFFECTIVE DATE.This section is effective the day following final enactment
3.33and applies to claims arising from acts or omissions that occur on or after that date.
4.1 Sec. 5. Minnesota Statutes 2010, section 466.04, subdivision 3, is amended to read:
4.2 Subd. 3. Disposition of multiple claims. Where the amount awarded to or settled
4.3upon multiple claimants exceeds the applicable limit under subdivision 1, paragraph
4.4(a), clauses(2) to (4) to (9), any party may apply to any district court to apportion to
4.5each claimant a proper share of the total amount limited by subdivision 1. The share
4.6apportioned each claimant shall be in the proportion that the ratio of the award or
4.7settlement made to each bears to the aggregate awards and settlements for all claims
4.8arising out of the occurrence.
4.9EFFECTIVE DATE.This section is effective the day following final enactment.
4.10 Sec. 6. Minnesota Statutes 2010, section 491A.01, subdivision 3, is amended to read:
4.11 Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the
4.12conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
4.13amount of money or property that is the subject matter of the claim does not exceed: (1)
4.14$7,500; (2) $4,000, $10,000 or $5,000 if the claim involves a consumer credit transaction;
4.15or(3) (2) $15,000, if the claim involves money or personal property subject to forfeiture
4.16under section609.5311 ,
609.5312 ,
609.5314 , or
609.5318 . "Consumer credit transaction"
4.17means a sale of personal property, or a loan arranged to facilitate the purchase of personal
4.18property, in which:
4.19(1) credit is granted by a seller or a lender who regularly engages as a seller or
4.20lender in credit transactions of the same kind;
4.21(2) the buyer is a natural person;
4.22(3) the claimant is the seller or lender in the transaction; and
4.23(4) the personal property is purchased primarily for a personal, family, or household
4.24purpose and not for a commercial, agricultural, or business purpose.
4.25(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
4.26territorial jurisdiction of conciliation court is coextensive with the county in which the
4.27court is established. The summons in a conciliation court action under subdivisions 6 to
4.2810 may be served anywhere in the state, and the summons in a conciliation court action
4.29under subdivision 7, paragraph (b), may be served outside the state in the manner provided
4.30by law. The court administrator shall serve the summons in a conciliation court action
4.31by first class mail, except that if the amount of money or property that is the subject of
4.32the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
4.33and service on nonresident defendants must be made in accordance with applicable law
4.34or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
4.35documents at trial may be served anywhere within the state in the manner provided by law.
5.1When a court administrator is required to summon the defendant by certified mail
5.2under this paragraph, the summons may be made by personal service in the manner
5.3provided in the Rules of Civil Procedure for personal service of a summons of the district
5.4court as an alternative to service by certified mail.
5.5EFFECTIVE DATE.This section is effective August 1, 2011, and applies to claims
5.6filed on or after that date.
5.7 Sec. 7. [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.
5.8A court order certifying a class action, refusing to certify a class action, or denying a
5.9motion to decertify a class action is appealable as a matter of right. While an appeal under
5.10this subdivision is pending, all discovery and other proceedings in the district court are
5.11automatically stayed, except that upon the motion of a party the district court may lift the
5.12stay, in whole or in part, for good cause shown.
5.13EFFECTIVE DATE.This section is effective July 1, 2011, and applies to orders
5.14issued on or after that date.
5.15 Sec. 8. Minnesota Statutes 2010, section 541.05, subdivision 1, is amended to read:
5.16 Subdivision 1.Six-year Four-year limitation; exceptions. (a) Except as provided
5.17in paragraph (c) or (d), and where the Uniform Commercial Code otherwise prescribes,
5.18the following actions shall be commenced withinsix four years:
5.19(1) upon a contract or other obligation, express or implied, as to which no other
5.20limitation is expressly prescribed;
5.21(2) (1) upon a liability created by statute, other than those arising upon a penalty or
5.22forfeiture or where a shorter period is provided by section541.07 ;
5.23(3) (2) for a trespass upon real estate;
5.24(4) (3) for taking, detaining, or injuring personal property, including actions for the
5.25specific recovery thereof;
5.26(5) (4) for criminal conversation, or for any other injury to the person or rights of
5.27another, not arising on contract, and not hereinafter enumerated;
5.28(6) (5) for relief on the ground of fraud, in which case the cause of action shall
5.29not be deemed to have accrued until the discovery by the aggrieved party of the facts
5.30constituting the fraud;
5.31(7) (6) to enforce a trust or compel a trustee to account, where the trustee has
5.32neglected to discharge the trust, or claims to have fully performed it, or has repudiated the
5.33trust relation;
6.1(8) (7) against sureties upon the official bond of any public officer, whether of the
6.2state or of any county, town, school district, or a municipality therein; in which case
6.3the limitation shall not begin to run until the term of such officer for which the bond
6.4was given shall have expired; or
6.5(9) (8) for damages caused by a dam, used for commercial purposes; or.
6.6(b) An action upon a contract or other obligation, express or implied, as to which no
6.7other limitation is expressly prescribed shall be commenced within six years.
6.8(10) (c) An action for assault, battery, false imprisonment, or other tort resulting in
6.9personal injury, shall be commenced within six years if the conduct that gives rise to the
6.10cause of action also constitutes domestic abuse as defined in section518B.01 .
6.11(d) Except for actions commenced pursuant to paragraph (a), clause (5), and
6.12paragraph (b), the limitation period for actions contained in this subdivision shall not
6.13begin to run until the time at which a reasonable person in the plaintiff's position would
6.14know the fact of the injury, and that the injury was caused by the alleged conduct of
6.15the defendant. There is an absolute limit of six years from the date the cause of action
6.16accrued in which to commence an action.
6.17(e) Except for actions commenced pursuant to paragraph (a), clause (5), no cause
6.18of action may in any extent be commenced after six years from the date the cause of
6.19action accrues.
6.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to causes
6.21of action arising from incidents occurring on or after that date.
6.22 Sec. 9. Minnesota Statutes 2010, section 549.09, subdivision 1, is amended to read:
6.23 Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery
6.24of money, including a judgment for the recovery of taxes, interest from the time of
6.25the verdict, award, or report until judgment is finally entered shall be computed by the
6.26court administrator or arbitrator as provided in paragraph (c) and added to the judgment
6.27or award.
6.28(b) Except as otherwise provided by contract or allowed by law, preverdict,
6.29preaward, or prereport interest on pecuniary damages shall be computed as provided
6.30in paragraph (c) from the time of the commencement of the action or a demand for
6.31arbitration, or the time of a written notice of claim, whichever occurs first, except as
6.32provided herein. The action must be commenced within two years of a written notice of
6.33claim for interest to begin to accrue from the time of the notice of claim. If either party
6.34serves a written offer of settlement, the other party may serve a written acceptance or a
6.35written counteroffer within 30 days. After that time, interest on the judgment or award
7.1shall be calculated by the judge or arbitrator in the following manner. The prevailing
7.2party shall receive interest on any judgment or award from the time of commencement
7.3of the action or a demand for arbitration, or the time of a written notice of claim, or as
7.4to special damages from the time when special damages were incurred, if later, until the
7.5time of verdict, award, or report only if the amount of its offer is closer to the judgment or
7.6award than the amount of the opposing party's offer. If the amount of the losing party's
7.7offer was closer to the judgment or award than the prevailing party's offer, the prevailing
7.8party shall receive interest only on the amount of the settlement offer or the judgment or
7.9award, whichever is less, and only from the time of commencement of the action or a
7.10demand for arbitration, or the time of a written notice of claim, or as to special damages
7.11from when the special damages were incurred, if later, until the time the settlement offer
7.12was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
7.13and counteroffers. For the purposes of clause (2), the amount of settlement offer must
7.14be allocated between past and future damages in the same proportion as determined by
7.15the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
7.16preaward, or prereport interest shall not be awarded on the following:
7.17(1) judgments, awards, or benefits in workers' compensation cases, but not including
7.18third-party actions;
7.19(2) judgments or awards for future damages;
7.20(3) punitive damages, fines, or other damages that are noncompensatory in nature;
7.21(4) judgments or awards not in excess of the amount specified in section491A.01 ;
7.22and
7.23(5) that portion of any verdict, award, or report which is founded upon interest, or
7.24costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
7.25(c)(1)For a judgment or award of $50,000 or less or a judgment or award for or
7.26against the state or a political subdivision of the state, regardless of the amount, The
7.27interest shall be computed as simple interest per annum. The rate of interest shall be based
7.28on the secondary market yield of one year United States Treasury bills, calculated on a
7.29bank discount basis as provided in this section.
7.30On or before the 20th day of December of each odd-numbered year the state court
7.31administrator shall determine the rate from the one-year constant maturity treasury yield
7.32for the most recent calendar month, reported on a monthly basis in the latest statistical
7.33release of the board of governors of the Federal Reserve System. This yield plus eight
7.34percentage points if the judgment or award is over $50,000, rounded to the nearest
7.35one percent, or four percent, whichever is greater, shall be the annual interest rate for
7.36verdicts entered during the succeedingcalendar year two calendar years. The state court
8.1administrator shall communicate the interest rates to the court administrators and sheriffs
8.2for use in computing the interest on verdicts and shall make the interest rates available
8.3to arbitrators.
8.4This clause applies to any section that references section
549.09 by citation for the
8.5purposes of computing an interest rate on any amount owed to or by the state or a political
8.6subdivision of the state, regardless of the amount.
8.7(2)For a judgment or award over $50,000, other than a judgment or award for or
8.8against the state or a political subdivision of the state, the interest rate shall be ten percent
8.9per year until paid.
8.10(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
8.11received a payment after entry of judgment, whether the payment is made voluntarily by
8.12or on behalf of the judgment debtor, or is collected by legal process other than execution
8.13levy where a proper return has been filed with the court administrator, the judgment
8.14creditor, or the judgment creditor's attorney, before applying to the court administrator
8.15for an execution shall file with the court administrator an affidavit of partial satisfaction.
8.16The affidavit must state the dates and amounts of payments made upon the judgment after
8.17the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
8.18is applied to taxable disbursements and to accrued interest and to the unpaid principal
8.19balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
8.20application of each payment.
8.21(d) This section does not apply to arbitrations between employers and employees
8.22under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
8.23awarding interest under chapter 179 or under section179A.16 for essential employees.
8.24(e) For purposes of this subdivision:
8.25(1) "state" includes a department, board, agency, commission, court, or other entity
8.26in the executive, legislative, or judicial branch of the state; and
8.27(2) "political subdivision" includes a town, statutory or home rule charter city,
8.28county, school district, or any other political subdivision of the state.
8.29(e) This section does not apply to a judgment or award upon which interest is entitled
8.30to be recovered under section 60A.0811.
8.31EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
8.32judgments and awards entered on or after that date.
8.33 Sec. 10. [549.255] ATTORNEY FEE AWARDS.
8.34 Subdivision 1. Reasonable relation of fees to damages. When a statute provides
8.35for the award of attorney fees to a party that has recovered money damages, the court,
9.1in setting the amount of attorney fees, must, in addition to other factors, take into
9.2consideration the reasonableness of the attorney fees sought in relation to the amount of
9.3damages awarded to the prevailing party.
9.4 Subd. 2. Offer of judgment. If an offer of judgment is made by a party under Rule
9.568 of the Rules of Civil Procedure to a party who claims money damages pursuant, in
9.6whole or in part, to a statute that provides for the award of attorney fees, and the party
9.7claiming attorney fees does not obtain a verdict in excess of the offer, exclusive of attorney
9.8fees, no attorney fees may be awarded for fees incurred after service of the offer of
9.9judgment. The party that rejects an offer of judgment must disclose the attorney fees it
9.10has incurred as of the date of the service of the offer of judgment within the time period
9.11provided by Rule 68 for the acceptance of an offer of judgment.
9.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
9.13actions commenced on or after that date.
9.14 Sec. 11. [609.3244] CIVIL LIABILITY.
9.15(a) A sex trafficking victim may bring a cause of action against a person who violates
9.16section 609.322. The court may award damages, including punitive damages, reasonable
9.17attorney fees, and other litigation costs reasonably incurred by the victim.
9.18(b) The rules of evidence set out in section 611A.83 apply to a cause of action under
9.19this section. The evidentiary protections provided by this paragraph do not apply to any
9.20subsequent prosecution of a violent crime, as defined in section 609.1095, subdivision 1,
9.21paragraph (d).
9.22EFFECTIVE DATE.This section is effective August 1, 2011, and applies to causes
9.23of action commenced on or after that date.
1.3the state and political subdivisions; regulating certain conciliation court claims;
1.4providing a right of appeal on certain class action orders; modifying the statute
1.5of limitations on certain claims; modifying prejudgment interest; regulating
1.6attorney fees; providing a cause of action for sex trafficking violations;amending
1.7Minnesota Statutes 2010, sections 3.736, subdivision 4; 466.03, subdivision 6e,
1.8by adding a subdivision; 466.04, subdivisions 1, 3; 491A.01, subdivision 3;
1.9541.05, subdivision 1; 549.09, subdivision 1; proposing coding for new law in
1.10Minnesota Statutes, chapters 540; 549; 609.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 3.736, subdivision 4, is amended to read:
1.13 Subd. 4. Limits. The total liability of the state and its employees acting within the
1.14scope of their employment on any tort claim shall not exceed:
1.15 (a) $300,000 when the claim is one for death by wrongful act or omission and
1.16$300,000 to any claimant in any other case, for claims arising before August 1, 2007;
1.17 (b) $400,000 when the claim is one for death by wrongful act or omission and
1.18$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007,
1.19and before July 1, 2009;
1.20 (c) $500,000 when the claim is one for death by wrongful act or omission and
1.21$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
1.22 (d) $750,000 for any number of claims arising out of a single occurrence, for claims
1.23arising on or after January 1, 1998, and before January 1, 2000;
1.24 (e) $1,000,000 for any number of claims arising out of a single occurrence, for
1.25claims arising on or after January 1, 2000, and before January 1, 2008;
1.26 (f) $1,200,000 for any number of claims arising out of a single occurrence, for
1.27claims arising on or after January 1, 2008, and before July 1, 2009;
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; or
2.3(h) $1,000,000 for any number of claims arising out of a single occurrence, if the
2.4claim involves a nonprofit organization engaged in or administering outdoor recreational
2.5activities funded in whole or in part by the state or operating under the authorization of
2.6a permit issued by an agency or department of the state.
2.7 If the amount awarded to or settled upon multiple claimants exceeds the applicable
2.8limit under clause (d), (e), (f),
2.9apportion to each claimant a proper share of the amount available under the applicable
2.10limit under clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in
2.11the proportion that the ratio of the award or settlement bears to the aggregate awards and
2.12settlements for all claims arising out of the occurrence.
2.13 The limitation imposed by this subdivision on individual claimants includes damages
2.14claimed for loss of services or loss of support arising out of the same tort.
2.15EFFECTIVE DATE.This section is effective the day following final enactment
2.16and applies to claims arising from acts or omissions that occur on or after that date.
2.17 Sec. 2. Minnesota Statutes 2010, section 466.03, subdivision 6e, is amended to read:
2.18 Subd. 6e. Parks and recreation areas. Any claim based upon the construction,
2.19operation, or maintenance of any property owned or leased by the municipality that is
2.20intended or permitted to be used as a park, as an open area for recreational purposes, or for
2.21the provision of recreational services, or from any claim based on the clearing of land,
2.22removal of refuse, and creation of trails or paths without artificial surfaces, if the claim
2.23arises from a loss incurred by a user of park and recreation property or services. Nothing
2.24in this subdivision limits the liability of a municipality for conduct that would entitle a
2.25trespasser to damages against a private person, except as provided in subdivision 23.
2.26EFFECTIVE DATE.This section is effective the day following final enactment
2.27and applies to causes of action arising on or after that date.
2.28 Sec. 3. Minnesota Statutes 2010, section 466.03, is amended by adding a subdivision
2.29to read:
2.30 Subd. 23. Recreational use of school property and facilities. (a) Any claim for a
2.31loss or injury arising from the use of school property or a school facility made available
2.32for public recreational activity.
2.33(b) Nothing in this subdivision:
3.1(1) limits the liability of a school district for conduct that would entitle a trespasser
3.2to damages against a private person; or
3.3(2) reduces any existing duty owed by the school district.
3.4EFFECTIVE DATE.This section is effective the day following final enactment
3.5and applies to causes of action arising on or after that date.
3.6 Sec. 4. Minnesota Statutes 2010, section 466.04, subdivision 1, is amended to read:
3.7 Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any
3.8claim within the scope of sections 466.01 to 466.15 shall not exceed:
3.9(1) $300,000 when the claim is one for death by wrongful act or omission and
3.10$300,000 to any claimant in any other case, for claims arising before January 1, 2008;
3.11(2) $400,000 when the claim is one for death by wrongful act or omission and
3.12$400,000 to any claimant in any other case, for claims arising on or after January 1,
3.132008, and before July 1, 2009;
3.14(3) $500,000 when the claim is one for death by wrongful act or omission and
3.15$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
3.16(4) $750,000 for any number of claims arising out of a single occurrence, for claims
3.17arising on or after January 1, 1998, and before January 1, 2000;
3.18(5) $1,000,000 for any number of claims arising out of a single occurrence, for
3.19claims arising on or after January 1, 2000, and before January 1, 2008;
3.20(6) $1,200,000 for any number of claims arising out of a single occurrence, for
3.21claims arising on or after January 1, 2008, and before July 1, 2009;
3.22(7) $1,500,000 for any number of claims arising out of a single occurrence, for
3.23claims arising on or after July 1, 2009;
3.24(8) twice the limits provided in clauses (1) to (7) when the claim arises out of the
3.25release or threatened release of a hazardous substance, whether the claim is brought under
3.26sections 115B.01 to 115B.15 or under any other law; or
3.27(9) $1,000,000 for any number of claims arising out of a single occurrence, if the
3.28claim involves a nonprofit organization engaged in or administering outdoor recreational
3.29activities funded in whole or in part by a municipality or operating under the authorization
3.30of a permit issued by a municipality.
3.31(b) No award for damages on any such claim shall include punitive damages.
3.32EFFECTIVE DATE.This section is effective the day following final enactment
3.33and applies to claims arising from acts or omissions that occur on or after that date.
4.1 Sec. 5. Minnesota Statutes 2010, section 466.04, subdivision 3, is amended to read:
4.2 Subd. 3. Disposition of multiple claims. Where the amount awarded to or settled
4.3upon multiple claimants exceeds the applicable limit under subdivision 1, paragraph
4.4(a), clauses
4.5each claimant a proper share of the total amount limited by subdivision 1. The share
4.6apportioned each claimant shall be in the proportion that the ratio of the award or
4.7settlement made to each bears to the aggregate awards and settlements for all claims
4.8arising out of the occurrence.
4.9EFFECTIVE DATE.This section is effective the day following final enactment.
4.10 Sec. 6. Minnesota Statutes 2010, section 491A.01, subdivision 3, is amended to read:
4.11 Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the
4.12conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
4.13amount of money or property that is the subject matter of the claim does not exceed: (1)
4.14
4.15or
4.16under section
4.17means a sale of personal property, or a loan arranged to facilitate the purchase of personal
4.18property, in which:
4.19(1) credit is granted by a seller or a lender who regularly engages as a seller or
4.20lender in credit transactions of the same kind;
4.21(2) the buyer is a natural person;
4.22(3) the claimant is the seller or lender in the transaction; and
4.23(4) the personal property is purchased primarily for a personal, family, or household
4.24purpose and not for a commercial, agricultural, or business purpose.
4.25(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
4.26territorial jurisdiction of conciliation court is coextensive with the county in which the
4.27court is established. The summons in a conciliation court action under subdivisions 6 to
4.2810 may be served anywhere in the state, and the summons in a conciliation court action
4.29under subdivision 7, paragraph (b), may be served outside the state in the manner provided
4.30by law. The court administrator shall serve the summons in a conciliation court action
4.31by first class mail, except that if the amount of money or property that is the subject of
4.32the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
4.33and service on nonresident defendants must be made in accordance with applicable law
4.34or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
4.35documents at trial may be served anywhere within the state in the manner provided by law.
5.1When a court administrator is required to summon the defendant by certified mail
5.2under this paragraph, the summons may be made by personal service in the manner
5.3provided in the Rules of Civil Procedure for personal service of a summons of the district
5.4court as an alternative to service by certified mail.
5.5EFFECTIVE DATE.This section is effective August 1, 2011, and applies to claims
5.6filed on or after that date.
5.7 Sec. 7. [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.
5.8A court order certifying a class action, refusing to certify a class action, or denying a
5.9motion to decertify a class action is appealable as a matter of right. While an appeal under
5.10this subdivision is pending, all discovery and other proceedings in the district court are
5.11automatically stayed, except that upon the motion of a party the district court may lift the
5.12stay, in whole or in part, for good cause shown.
5.13EFFECTIVE DATE.This section is effective July 1, 2011, and applies to orders
5.14issued on or after that date.
5.15 Sec. 8. Minnesota Statutes 2010, section 541.05, subdivision 1, is amended to read:
5.16 Subdivision 1.
5.17in paragraph (c) or (d), and where the Uniform Commercial Code otherwise prescribes,
5.18the following actions shall be commenced within
5.19
5.20
5.21
5.22forfeiture or where a shorter period is provided by section
5.23
5.24
5.25specific recovery thereof;
5.26
5.27another, not arising on contract, and not hereinafter enumerated;
5.28
5.29not be deemed to have accrued until the discovery by the aggrieved party of the facts
5.30constituting the fraud;
5.31
5.32neglected to discharge the trust, or claims to have fully performed it, or has repudiated the
5.33trust relation;
6.1
6.2state or of any county, town, school district, or a municipality therein; in which case
6.3the limitation shall not begin to run until the term of such officer for which the bond
6.4was given shall have expired; or
6.5
6.6(b) An action upon a contract or other obligation, express or implied, as to which no
6.7other limitation is expressly prescribed shall be commenced within six years.
6.8
6.9personal injury
6.10cause of action also constitutes domestic abuse as defined in section
6.11(d) Except for actions commenced pursuant to paragraph (a), clause (5), and
6.12paragraph (b), the limitation period for actions contained in this subdivision shall not
6.13begin to run until the time at which a reasonable person in the plaintiff's position would
6.14know the fact of the injury, and that the injury was caused by the alleged conduct of
6.15the defendant. There is an absolute limit of six years from the date the cause of action
6.16accrued in which to commence an action.
6.17(e) Except for actions commenced pursuant to paragraph (a), clause (5), no cause
6.18of action may in any extent be commenced after six years from the date the cause of
6.19action accrues.
6.20EFFECTIVE DATE.This section is effective August 1, 2011, and applies to causes
6.21of action arising from incidents occurring on or after that date.
6.22 Sec. 9. Minnesota Statutes 2010, section 549.09, subdivision 1, is amended to read:
6.23 Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery
6.24of money, including a judgment for the recovery of taxes, interest from the time of
6.25the verdict, award, or report until judgment is finally entered shall be computed by the
6.26court administrator or arbitrator as provided in paragraph (c) and added to the judgment
6.27or award.
6.28(b) Except as otherwise provided by contract or allowed by law, preverdict,
6.29preaward, or prereport interest on pecuniary damages shall be computed as provided
6.30in paragraph (c) from the time of the commencement of the action or a demand for
6.31arbitration, or the time of a written notice of claim, whichever occurs first, except as
6.32provided herein. The action must be commenced within two years of a written notice of
6.33claim for interest to begin to accrue from the time of the notice of claim. If either party
6.34serves a written offer of settlement, the other party may serve a written acceptance or a
6.35written counteroffer within 30 days. After that time, interest on the judgment or award
7.1shall be calculated by the judge or arbitrator in the following manner. The prevailing
7.2party shall receive interest on any judgment or award from the time of commencement
7.3of the action or a demand for arbitration, or the time of a written notice of claim, or as
7.4to special damages from the time when special damages were incurred, if later, until the
7.5time of verdict, award, or report only if the amount of its offer is closer to the judgment or
7.6award than the amount of the opposing party's offer. If the amount of the losing party's
7.7offer was closer to the judgment or award than the prevailing party's offer, the prevailing
7.8party shall receive interest only on the amount of the settlement offer or the judgment or
7.9award, whichever is less, and only from the time of commencement of the action or a
7.10demand for arbitration, or the time of a written notice of claim, or as to special damages
7.11from when the special damages were incurred, if later, until the time the settlement offer
7.12was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
7.13and counteroffers. For the purposes of clause (2), the amount of settlement offer must
7.14be allocated between past and future damages in the same proportion as determined by
7.15the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
7.16preaward, or prereport interest shall not be awarded on the following:
7.17(1) judgments, awards, or benefits in workers' compensation cases, but not including
7.18third-party actions;
7.19(2) judgments or awards for future damages;
7.20(3) punitive damages, fines, or other damages that are noncompensatory in nature;
7.21(4) judgments or awards not in excess of the amount specified in section
7.22and
7.23(5) that portion of any verdict, award, or report which is founded upon interest, or
7.24costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
7.25(c)(1)
7.26
7.27interest shall be computed as simple interest per annum. The rate of interest shall be based
7.28on the secondary market yield of one year United States Treasury bills, calculated on a
7.29bank discount basis as provided in this section.
7.30On or before the 20th day of December of each odd-numbered year the state court
7.31administrator shall determine the rate from the one-year constant maturity treasury yield
7.32for the most recent calendar month, reported on a monthly basis in the latest statistical
7.33release of the board of governors of the Federal Reserve System. This yield plus eight
7.34percentage points if the judgment or award is over $50,000, rounded to the nearest
7.35one percent, or four percent, whichever is greater, shall be the annual interest rate for
7.36verdicts entered during the succeeding
8.1administrator shall communicate the interest rates to the court administrators and sheriffs
8.2for use in computing the interest on verdicts and shall make the interest rates available
8.3to arbitrators.
8.4
8.5
8.6
8.7(2)
8.8
8.9
8.10
8.11received a payment after entry of judgment, whether the payment is made voluntarily by
8.12or on behalf of the judgment debtor, or is collected by legal process other than execution
8.13levy where a proper return has been filed with the court administrator, the judgment
8.14creditor, or the judgment creditor's attorney, before applying to the court administrator
8.15for an execution shall file with the court administrator an affidavit of partial satisfaction.
8.16The affidavit must state the dates and amounts of payments made upon the judgment after
8.17the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
8.18is applied to taxable disbursements and to accrued interest and to the unpaid principal
8.19balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
8.20application of each payment.
8.21(d) This section does not apply to arbitrations between employers and employees
8.22under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
8.23awarding interest under chapter 179 or under section
8.24
8.25
8.26
8.27
8.28
8.29(e) This section does not apply to a judgment or award upon which interest is entitled
8.30to be recovered under section 60A.0811.
8.31EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
8.32judgments and awards entered on or after that date.
8.33 Sec. 10. [549.255] ATTORNEY FEE AWARDS.
8.34 Subdivision 1. Reasonable relation of fees to damages. When a statute provides
8.35for the award of attorney fees to a party that has recovered money damages, the court,
9.1in setting the amount of attorney fees, must, in addition to other factors, take into
9.2consideration the reasonableness of the attorney fees sought in relation to the amount of
9.3damages awarded to the prevailing party.
9.4 Subd. 2. Offer of judgment. If an offer of judgment is made by a party under Rule
9.568 of the Rules of Civil Procedure to a party who claims money damages pursuant, in
9.6whole or in part, to a statute that provides for the award of attorney fees, and the party
9.7claiming attorney fees does not obtain a verdict in excess of the offer, exclusive of attorney
9.8fees, no attorney fees may be awarded for fees incurred after service of the offer of
9.9judgment. The party that rejects an offer of judgment must disclose the attorney fees it
9.10has incurred as of the date of the service of the offer of judgment within the time period
9.11provided by Rule 68 for the acceptance of an offer of judgment.
9.12EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
9.13actions commenced on or after that date.
9.14 Sec. 11. [609.3244] CIVIL LIABILITY.
9.15(a) A sex trafficking victim may bring a cause of action against a person who violates
9.16section 609.322. The court may award damages, including punitive damages, reasonable
9.17attorney fees, and other litigation costs reasonably incurred by the victim.
9.18(b) The rules of evidence set out in section 611A.83 apply to a cause of action under
9.19this section. The evidentiary protections provided by this paragraph do not apply to any
9.20subsequent prosecution of a violent crime, as defined in section 609.1095, subdivision 1,
9.21paragraph (d).
9.22EFFECTIVE DATE.This section is effective August 1, 2011, and applies to causes
9.23of action commenced on or after that date.
