1.1                          A bill for an act 
  1.2             relating to state government; prohibiting the use of 
  1.3             alcohol in state buildings; modifying provisions 
  1.4             relating to state immunity; amending Minnesota 
  1.5             Statutes 1994, sections 3.736, subdivision 3; and 
  1.6             16B.24, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 3.736, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [EXCLUSIONS.] Without intent to preclude the 
  1.11  courts from finding additional cases where the state and its 
  1.12  employees should not, in equity and good conscience, pay 
  1.13  compensation for personal injuries or property losses, the 
  1.14  legislature declares that the state and its employees are not 
  1.15  liable for the following losses: 
  1.16     (a) a loss caused by an act or omission of a state employee 
  1.17  exercising due care in the execution of a valid or invalid 
  1.18  statute or rule; 
  1.19     (b) a loss caused by the performance or failure to perform 
  1.20  a discretionary duty, whether or not the discretion is abused; 
  1.21     (c) a loss in connection with the assessment and collection 
  1.22  of taxes; 
  1.23     (d) a loss caused by snow or ice conditions on a highway or 
  1.24  public sidewalk that does not abut a publicly owned building or 
  1.25  a publicly owned parking lot, except when the condition is 
  1.26  affirmatively caused by the negligent acts of a state employee; 
  2.1      (e) a loss caused by wild animals in their natural state, 
  2.2   except as provided in section 3.7371; 
  2.3      (f) a loss other than injury to or loss of property or 
  2.4   personal injury or death; 
  2.5      (g) a loss caused by the condition of unimproved real 
  2.6   property owned by the state, which means land that the state has 
  2.7   not improved, state land that contains idled or abandoned mine 
  2.8   pits or shafts, and appurtenances, fixtures, and attachments to 
  2.9   land that the state has neither affixed nor improved; 
  2.10     (h) a loss incurred by a user arising from the 
  2.11  construction, operation, or maintenance of the outdoor 
  2.12  recreation system, as defined in section 86A.04, or for a loss 
  2.13  arising from the construction, operation, maintenance, or 
  2.14  administration of grants-in-aid trails as defined in section 
  2.15  85.018, or for a loss arising from the construction, operation, 
  2.16  or maintenance of a water access site created by the iron range 
  2.17  resources and rehabilitation board, except that the state is 
  2.18  liable for conduct that would entitle a trespasser to damages 
  2.19  against a private person.  For the purposes of this clause, a 
  2.20  water access site, as defined in section 86A.04 or created by 
  2.21  the iron range resources and rehabilitation board, that provides 
  2.22  access to an idled, water filled mine pit, also includes the 
  2.23  entire water filled area of the pit and, further, includes 
  2.24  losses caused by the caving or slumping of the mine pit walls; 
  2.25     (i) a loss of benefits or compensation due under a program 
  2.26  of public assistance or public welfare, except if state 
  2.27  compensation for loss is expressly required by federal law in 
  2.28  order for the state to receive federal grants-in-aid; 
  2.29     (j) a loss based on the failure of a person to meet the 
  2.30  standards needed for a license, permit, or other authorization 
  2.31  issued by the state or its agents; 
  2.32     (k) a loss based on the usual care and treatment, or lack 
  2.33  of care and treatment, of a person at a state hospital or state 
  2.34  corrections facility where reasonable use of available 
  2.35  appropriations has been made to provide care; 
  2.36     (l) loss, damage, or destruction of property of a patient 
  3.1   or inmate of a state institution; 
  3.2      (m) a loss for which recovery is prohibited by section 
  3.3   169.121, subdivision 9; 
  3.4      (n) a loss caused by an aeration, bubbler, water 
  3.5   circulation, or similar system used to increase dissolved oxygen 
  3.6   or maintain open water on the ice of public waters, that is 
  3.7   operated under a permit issued by the commissioner of natural 
  3.8   resources; 
  3.9      (o) a loss incurred by a visitor to the Minnesota 
  3.10  zoological garden, except that the state is liable for conduct 
  3.11  that would entitle a trespasser to damages against a private 
  3.12  person; and 
  3.13     (p) a loss arising out of a person's use of a logging road 
  3.14  on public land that is maintained exclusively to provide access 
  3.15  to timber on that land by harvesters of the timber, and is not 
  3.16  signed or otherwise held out to the public as a public highway; 
  3.17  and 
  3.18     (q) a loss arising from a violation of section 16B.24, 
  3.19  subdivision 12, if the state did not know of the violation. 
  3.20     The state will not pay punitive damages. 
  3.21     Sec. 2.  Minnesota Statutes 1994, section 16B.24, is 
  3.22  amended by adding a subdivision to read: 
  3.23     Subd. 12.  [CONSUMPTION OF ALCOHOLIC BEVERAGES IN CAPITOL 
  3.24  AREA.] No one may possess or consume an alcoholic beverage as 
  3.25  defined in section 340A.101 in a state-owned building under the 
  3.26  management of the commissioner.  This prohibition does not apply 
  3.27  to official ceremonial functions, buildings used as residences, 
  3.28  or where a liquor license has been obtained.  The capitol 
  3.29  complex security division of the department of public safety or 
  3.30  any other law enforcement official is authorized to confiscate 
  3.31  alcoholic beverages possessed or consumed in violation of this 
  3.32  subdivision.  The commissioner shall inform affected employees 
  3.33  of this policy.