Bill Text: MN SF2965 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Civil actions right to punitive damages authorization; government definition in relation to civil actions modification
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-04-10 - Referred to Judiciary [SF2965 Detail]
Download: Minnesota-2013-SF2965-Introduced.html
1.2relating to civil actions; providing a right to punitive damages in certain cases;
1.3clarifying a definition of government for purposes of certain types of civil actions;
1.4amending Minnesota Statutes 2012, sections 554.01, subdivision 2; 604A.34.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 554.01, subdivision 2, is amended to read:
1.7 Subd. 2. Government. "Government" includes a branch, department, agency,
1.8official, employee, agent, or other person with authority to act on behalf of the federal
1.9government, this state, or any political subdivision of this state, including municipalities
1.10and their boards, commissions, and departments, or; law enforcement agencies; and other
1.11publicauthority authorities.
1.12 Sec. 2. Minnesota Statutes 2012, section 604A.34, is amended to read:
1.13604A.34 REPORTS OR ASSISTANCE REQUESTS TO LAW
1.14ENFORCEMENT.
1.15(a) An individual who in good faith seeks assistance from, or reports apparent
1.16unlawful conduct to, law enforcement is not liable for civil damages as a result of that
1.17action. If an individual prevails in a civil action from which the individual has been
1.18granted immunity by this section, the court shall award the individual actual damages,
1.19plus reasonable attorney fees and costs. The court may also award the individual
1.20punitive damages, if the court determines that the action was brought for the purpose of
1.21harassment, to cause financial distress or other injury, or to interfere with the individual's
1.22exercise of a right granted by law. A motion to amend the pleadings under section 549.191
1.23is not required under this section, but a claim for punitive damages must meet all other
2.1requirements of section 549.191. This section does not exempt individuals from their
2.2professional obligations of confidentiality.
2.3(b) For purposes of this section, an individual's actions are presumed to be in
2.4good faith if the actions constitute public participation, as defined in section 554.01,
2.5subdivision 6.
2.6EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.7actions commenced on or after that date.
1.3clarifying a definition of government for purposes of certain types of civil actions;
1.4amending Minnesota Statutes 2012, sections 554.01, subdivision 2; 604A.34.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 554.01, subdivision 2, is amended to read:
1.7 Subd. 2. Government. "Government" includes a branch, department, agency,
1.8official, employee, agent, or other person with authority to act on behalf of the federal
1.9government, this state, or any political subdivision of this state, including municipalities
1.10and their boards, commissions, and departments
1.11public
1.12 Sec. 2. Minnesota Statutes 2012, section 604A.34, is amended to read:
1.13604A.34 REPORTS OR ASSISTANCE REQUESTS TO LAW
1.14ENFORCEMENT.
1.15(a) An individual who in good faith seeks assistance from, or reports apparent
1.16unlawful conduct to, law enforcement is not liable for civil damages as a result of that
1.17action. If an individual prevails in a civil action from which the individual has been
1.18granted immunity by this section, the court shall award the individual actual damages,
1.19plus reasonable attorney fees and costs. The court may also award the individual
1.20punitive damages, if the court determines that the action was brought for the purpose of
1.21harassment, to cause financial distress or other injury, or to interfere with the individual's
1.22exercise of a right granted by law. A motion to amend the pleadings under section 549.191
1.23is not required under this section, but a claim for punitive damages must meet all other
2.1requirements of section 549.191. This section does not exempt individuals from their
2.2professional obligations of confidentiality.
2.3(b) For purposes of this section, an individual's actions are presumed to be in
2.4good faith if the actions constitute public participation, as defined in section 554.01,
2.5subdivision 6.
2.6EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
2.7actions commenced on or after that date.
