Bill Text: MN SF44 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Claims against the state updates
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-01-13 - Referred to State Government Innovation and Veterans [SF44 Detail]
Download: Minnesota-2011-SF44-Introduced.html
1.2relating to claims against the state; changing and updating certain provisions;
1.3amending Minnesota Statutes 2010, sections 3.736, subdivision 3; 3.739,
1.4subdivision 2; 3.749.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 3.736, subdivision 3, is amended to read:
1.7 Subd. 3. Exclusions. Without intent to preclude the courts from finding additional
1.8cases where the state and its employees should not, in equity and good conscience, pay
1.9compensation for personal injuries or property losses, the legislature declares that the state
1.10and its employees are not liable for the following losses:
1.11(a) a loss caused by an act or omission of a state employee exercising due care in the
1.12execution of a valid or invalid statute or rule;
1.13(b) a loss caused by the performance or failure to perform a discretionary duty,
1.14whether or not the discretion is abused;
1.15(c) a loss in connection with the assessment and collection of taxes;
1.16(d) a loss caused by snow or ice conditions on a highway or public sidewalk that
1.17does not abut a publicly owned building or a publicly owned parking lot, except when the
1.18condition is affirmatively caused by the negligent acts of a state employee;
1.19(e) a loss caused by wild animals in their natural state, except as provided in section
1.203.7371
;
1.21(f) a loss other than injury to or loss of property or personal injury or death;
1.22(g) a loss caused by the condition of unimproved real property owned by the state,
1.23which means land that the state has not improved, state land that contains idled or
2.1abandoned mine pits or shafts, and appurtenances, fixtures, and attachments to land that
2.2the state has neither affixed nor improved;
2.3(h) a loss involving or arising out of the use or operation of a recreational motor
2.4vehicle, as defined in section84.90, subdivision 1 , within the right-of-way of a trunk
2.5highway, as defined in section160.02 , except that the state is liable for conduct that would
2.6entitle a trespasser to damages against a private person;
2.7(i) a loss incurred by a user arising from the construction, operation, or maintenance
2.8of the outdoor recreation system, as defined in section86A.04 , or for a loss arising from the
2.9construction, operation, maintenance, or administration of grants-in-aid trails as defined in
2.10section85.018 , or for a loss arising from the construction, operation, or maintenance of a
2.11water access site created by the Iron Range Resources and Rehabilitation Board, except
2.12that the state is liable for conduct that would entitle a trespasser to damages against a
2.13private person. For the purposes of this clause, a water access site, as defined in section
2.1486A.04
or created by the Iron Range Resources and Rehabilitation Board, that provides
2.15access to an idled, water filled mine pit, also includes the entire water filled area of the pit
2.16and, further, includes losses caused by the caving or slumping of the mine pit walls;
2.17(j) a loss of benefits or compensation due under a program of public assistance or
2.18public welfare, except if state compensation for loss is expressly required by federal law
2.19in order for the state to receive federal grants-in-aid;
2.20(k) a loss based on the failure of a person to meet the standards needed for a license,
2.21permit, or other authorization issued by the state or its agents;
2.22(l) a loss based on the usual care and treatment, or lack of care and treatment, of a
2.23person at a state hospital or state corrections facility where reasonable use of available
2.24appropriations has been made to provide care;
2.25(m) loss, damage, or destruction of property of a patient or inmate of a state
2.26institution;
2.27(n) a loss for which recovery is prohibited by section
169A.48, subdivision 2 ;
2.28(o) (n) a loss caused by an aeration, bubbler, water circulation, or similar system
2.29used to increase dissolved oxygen or maintain open water on the ice of public waters, that
2.30is operated under a permit issued by the commissioner of natural resources;
2.31(p) (o) a loss incurred by a visitor to the Minnesota Zoological Garden, except
2.32that the state is liable for conduct that would entitle a trespasser to damages against a
2.33private person;
2.34(q) (p) a loss arising out of a person's use of a logging road on public land that
2.35is maintained exclusively to provide access to timber on that land by harvesters of the
2.36timber, and is not signed or otherwise held out to the public as a public highway; and
3.1(r) (q) a loss incurred by a user of property owned, leased, or otherwise controlled by
3.2the Minnesota National Guard or the Department of Military Affairs, except that the state
3.3is liable for conduct that would entitle a trespasser to damages against a private person.
3.4The state will not pay punitive damages.
3.5 Sec. 2. Minnesota Statutes 2010, section 3.739, subdivision 2, is amended to read:
3.6 Subd. 2. Evaluation and payment of claims. Claims of$500 $1,000 or less subject
3.7to this section shall be investigated by the state or local agency responsible for supervising
3.8the work to determine if the claim is valid and if the loss is covered by the claimant's
3.9insurance. The investigating agency shall submit all appropriate claims to the Department
3.10of Corrections. Subject to the limitations contained in subdivision 2a, the department shall
3.11pay the portion of an approved claim that is not covered by the claimant's insurance.
3.12This payment shall be made within a reasonable time. On or before the first day of each
3.13legislative session, the department shall submit to the appropriate committees of the
3.14senate and the house of representatives a list of the claims paid by it during the preceding
3.15calendar year and shall be reimbursed by legislative appropriation for the claims paid.
3.16For the purposes of this paragraph, in the case of a juvenile claimant the term "claimant's
3.17insurance" includes the insurance of the juvenile's parents if the juvenile is covered by
3.18the insurance.
3.19A claim in excess of$500 $1,000, and a claim that was not paid by the department
3.20may be presented to, heard, and determined by the appropriate committees of the senate
3.21and the house of representatives and, if approved, shall be paid pursuant to legislative
3.22claims procedure.
3.23No juvenile claimant receiving payment under this section may be identified by
3.24name either in the list of claimants submitted by the department or in the legislative
3.25appropriation.
3.26 Sec. 3. Minnesota Statutes 2010, section 3.749, is amended to read:
3.273.749 LEGISLATIVE CLAIMS; FILING FEE.
3.28A person filing a claim with the joint senate-house of representatives Subcommittee
3.29on Claims must pay a filing fee of$5 $10. The money must be deposited by the clerk of
3.30the subcommittee in the state treasury and credited to the general fund. A claimant who
3.31is successful in obtaining an award from the subcommittee shall be reimbursed for the
3.32fee paid.
3.33 Sec. 4. EFFECTIVE DATE.
4.1Sections 1 to 3 are effective July 1, 2011.
1.3amending Minnesota Statutes 2010, sections 3.736, subdivision 3; 3.739,
1.4subdivision 2; 3.749.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 3.736, subdivision 3, is amended to read:
1.7 Subd. 3. Exclusions. Without intent to preclude the courts from finding additional
1.8cases where the state and its employees should not, in equity and good conscience, pay
1.9compensation for personal injuries or property losses, the legislature declares that the state
1.10and its employees are not liable for the following losses:
1.11(a) a loss caused by an act or omission of a state employee exercising due care in the
1.12execution of a valid or invalid statute or rule;
1.13(b) a loss caused by the performance or failure to perform a discretionary duty,
1.14whether or not the discretion is abused;
1.15(c) a loss in connection with the assessment and collection of taxes;
1.16(d) a loss caused by snow or ice conditions on a highway or public sidewalk that
1.17does not abut a publicly owned building or a publicly owned parking lot, except when the
1.18condition is affirmatively caused by the negligent acts of a state employee;
1.19(e) a loss caused by wild animals in their natural state, except as provided in section
1.21(f) a loss other than injury to or loss of property or personal injury or death;
1.22(g) a loss caused by the condition of unimproved real property owned by the state,
1.23which means land that the state has not improved, state land that contains idled or
2.1abandoned mine pits or shafts, and appurtenances, fixtures, and attachments to land that
2.2the state has neither affixed nor improved;
2.3(h) a loss involving or arising out of the use or operation of a recreational motor
2.4vehicle, as defined in section
2.5highway, as defined in section
2.6entitle a trespasser to damages against a private person;
2.7(i) a loss incurred by a user arising from the construction, operation, or maintenance
2.8of the outdoor recreation system, as defined in section
2.9construction, operation, maintenance, or administration of grants-in-aid trails as defined in
2.10section
2.11water access site created by the Iron Range Resources and Rehabilitation Board, except
2.12that the state is liable for conduct that would entitle a trespasser to damages against a
2.13private person. For the purposes of this clause, a water access site, as defined in section
2.15access to an idled, water filled mine pit, also includes the entire water filled area of the pit
2.16and, further, includes losses caused by the caving or slumping of the mine pit walls;
2.17(j) a loss of benefits or compensation due under a program of public assistance or
2.18public welfare, except if state compensation for loss is expressly required by federal law
2.19in order for the state to receive federal grants-in-aid;
2.20(k) a loss based on the failure of a person to meet the standards needed for a license,
2.21permit, or other authorization issued by the state or its agents;
2.22(l) a loss based on the usual care and treatment, or lack of care and treatment, of a
2.23person at a state hospital or state corrections facility where reasonable use of available
2.24appropriations has been made to provide care;
2.25(m)
2.26
2.27
2.28
2.29used to increase dissolved oxygen or maintain open water on the ice of public waters, that
2.30is operated under a permit issued by the commissioner of natural resources;
2.31
2.32that the state is liable for conduct that would entitle a trespasser to damages against a
2.33private person;
2.34
2.35is maintained exclusively to provide access to timber on that land by harvesters of the
2.36timber, and is not signed or otherwise held out to the public as a public highway; and
3.1
3.2the Minnesota National Guard or the Department of Military Affairs, except that the state
3.3is liable for conduct that would entitle a trespasser to damages against a private person.
3.4The state will not pay punitive damages.
3.5 Sec. 2. Minnesota Statutes 2010, section 3.739, subdivision 2, is amended to read:
3.6 Subd. 2. Evaluation and payment of claims. Claims of
3.7to this section shall be investigated by the state or local agency responsible for supervising
3.8the work to determine if the claim is valid and if the loss is covered by the claimant's
3.9insurance. The investigating agency shall submit all appropriate claims to the Department
3.10of Corrections. Subject to the limitations contained in subdivision 2a, the department shall
3.11pay the portion of an approved claim that is not covered by the claimant's insurance.
3.12This payment shall be made within a reasonable time. On or before the first day of each
3.13legislative session, the department shall submit to the appropriate committees of the
3.14senate and the house of representatives a list of the claims paid by it during the preceding
3.15calendar year and shall be reimbursed by legislative appropriation for the claims paid.
3.16For the purposes of this paragraph, in the case of a juvenile claimant the term "claimant's
3.17insurance" includes the insurance of the juvenile's parents if the juvenile is covered by
3.18the insurance.
3.19A claim in excess of
3.20may be presented to, heard, and determined by the appropriate committees of the senate
3.21and the house of representatives and, if approved, shall be paid pursuant to legislative
3.22claims procedure.
3.23No juvenile claimant receiving payment under this section may be identified by
3.24name either in the list of claimants submitted by the department or in the legislative
3.25appropriation.
3.26 Sec. 3. Minnesota Statutes 2010, section 3.749, is amended to read:
3.273.749 LEGISLATIVE CLAIMS; FILING FEE.
3.28A person filing a claim with the joint senate-house of representatives Subcommittee
3.29on Claims must pay a filing fee of
3.30the subcommittee in the state treasury and credited to the general fund. A claimant who
3.31is successful in obtaining an award from the subcommittee shall be reimbursed for the
3.32fee paid.
3.33 Sec. 4. EFFECTIVE DATE.
4.1Sections 1 to 3 are effective July 1, 2011.
