as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to tort liability of political subdivisions; 1.3 changing the municipal liability status with respect 1.4 to certain day care and child care claims; amending 1.5 Minnesota Statutes 2002, section 466.03, subdivision 1.6 6d, by adding a subdivision. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2002, section 466.03, 1.9 subdivision 6d, is amended to read: 1.10 Subd. 6d. [LICENSING OF PROVIDERS.] A claim against a 1.11 municipality based on the failure of a provider to meet the 1.12 standards needed for a license to operate a day care facility 1.13 under chapter 245A for children, unless the municipality had1.14actual knowledge of a failure to meet licensing standards that1.15resulted in a dangerous condition that foreseeably threatened1.16the plaintiff. A municipality shall be immune from liability 1.17 for a claim arising out of a provider's use of a swimming pool 1.18 located at a family day care or group family day care home under 1.19 section 245A.14, subdivision 10, unless the municipality had1.20actual knowledge of a provider's failure to meet the licensing1.21standards under section 245A.14, subdivision 10, paragraph (a),1.22clauses (1) to (3), that resulted in a dangerous condition that1.23foreseeably threatened the plaintiff. 1.24 Sec. 2. Minnesota Statutes 2002, section 466.03, is 1.25 amended by adding a subdivision to read: 1.26 Subd. 6g. [AUTHORIZATION FOR NONLICENSED PROVIDERS.] A 2.1 municipality shall be immune from liability for a claim arising 2.2 out of the municipality's authorization for payment to a legal 2.3 nonlicensed family child care provider under section 119B.125. 2.4 Sec. 3. [EFFECTIVE DATE.] 2.5 This act is effective the day after final enactment.