as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to civil actions; regulating the 1.3 apportionment of joint and several liability; amending 1.4 Minnesota Statutes 1996, section 604.02, subdivision 1. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1996, section 604.02, 1.7 subdivision 1, is amended to read: 1.8 Subdivision 1. When two or more persons are jointly 1.9 liable, contributions to awards shall be in proportion to the 1.10 percentage of fault attributable to each, except thateach is1.11 the following persons are jointly and severally liable for the 1.12 whole award. Except in cases where: 1.13 (1) a person whose fault is greater than 50 percent; or 1.14 (2) a person whose liability arises under chapters 18B - 1.15 pesticide control, 115 - water pollution control, 115A - waste 1.16 management, 115B - environmental response and liability, 115C - 1.17 leaking underground storage tanks, and 299J - pipeline safety, 1.18 public nuisance law for damage to the environment or the public 1.19 health, any other environmental or public health law, or any 1.20 environmental or public health ordinance or program of a 1.21 municipality as defined in section 466.01, a person whose fault1.22is 15 percent or less is liable for a percentage of the whole1.23award no greater than four times the percentage of fault,1.24including any amount reallocated to that person under1.25subdivision 2. 2.1If the state or a municipality as defined in section 466.012.2is jointly liable, and its fault is less than 35 percent, it is2.3jointly and severally liable for a percentage of the whole award2.4no greater than twice the amount of fault, including any amount2.5reallocated to the state or municipality under subdivision 2.2.6 Sec. 2. [APPLICATION.] 2.7 Section 1 applies to claims arising from events that occur 2.8 on or after August 1, 1997.