1.1                          A bill for an act 
  1.2             relating to claims against governmental units; 
  1.3             increasing liability limits; providing for inflation 
  1.4             adjustment; exempting medical expenses; amending 
  1.5             Minnesota Statutes 1994, sections 3.736, subdivisions 
  1.6             4, 4a, and by adding subdivisions; and 466.04, 
  1.7             subdivision 1.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 3.736, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [LIMITS.] The total liability of the state and 
  1.12  its employees acting within the scope of their employment on any 
  1.13  tort claim shall not exceed: 
  1.14     (a) $200,000 $286,000 when the claim is one for death by 
  1.15  wrongful act or omission and $200,000 $286,000 to any claimant 
  1.16  in any other case; 
  1.17     (b) $600,000 $858,000 for any number of claims arising out 
  1.18  of a single occurrence. 
  1.19     If the amount awarded to or settled upon multiple claimants 
  1.20  exceeds $600,000 $858,000, any party may apply to the district 
  1.21  court to apportion to each claimant a proper share of 
  1.22  the $600,000 $858,000.  The share apportioned to each claimant 
  1.23  shall be in the proportion that the ratio of the award or 
  1.24  settlement bears to the aggregate awards and settlements for all 
  1.25  claims arising out of the occurrence. 
  1.26     The limitation imposed by this subdivision on individual 
  2.1   claimants includes damages claimed for loss of services or loss 
  2.2   of support arising out of the same tort. 
  2.3      Sec. 2.  Minnesota Statutes 1994, section 3.736, 
  2.4   subdivision 4a, is amended to read: 
  2.5      Subd. 4a.  [SECURITIES CLAIMS LIMITS.] The total liability 
  2.6   of the state and its employees acting within the scope of their 
  2.7   employment on any claim of whatever matter arising from the 
  2.8   issuance and sale of securities by the state shall not exceed: 
  2.9      (a) $100,000 $143,000 to any one person; or 
  2.10     (b) $500,000 $715,000 to all claimants in respect of the 
  2.11  securities of the same series. 
  2.12     The limitations in clauses (a) and (b) shall not affect the 
  2.13  obligation of the issuing state entity to pay the indebtedness 
  2.14  under the securities in accordance with their terms and from the 
  2.15  sources pledged to their payment. 
  2.16     Sec. 3.  Minnesota Statutes 1994, section 3.736, is amended 
  2.17  by adding a subdivision to read: 
  2.18     Subd. 4b.  [INFLATION ADJUSTMENT.] Beginning in 1996, the 
  2.19  dollar amounts provided in subdivisions 4 and 4a must be 
  2.20  adjusted annually as provided in this subdivision.  By July 15, 
  2.21  the commissioner of finance shall determine the percentage 
  2.22  increase in the Consumer Price Index from December 31 of the 
  2.23  year preceding the previous year to December 31 of the previous 
  2.24  year.  The dollar amounts in subdivisions 4 and 4a in effect on 
  2.25  the previous August 1 must be multiplied by that percentage.  
  2.26  The product of the calculation must be added to each dollar 
  2.27  amount in subdivisions 4 and 4a to produce the tort claims 
  2.28  limits to be in effect beginning on August 1 of the current 
  2.29  year.  The numbers must be rounded up to the next highest 
  2.30  thousand dollars.  The index used must be the revised Consumer 
  2.31  Price Index for all urban consumers for the St. Paul-Minneapolis 
  2.32  metropolitan area prepared by the United States Department of 
  2.33  Labor with 1982 as a base year.  
  2.34     By August 1 of each year, the board shall publish in the 
  2.35  State Register the tort claims limits effective as of that date 
  2.36  as adjusted under this subdivision.  
  3.1      Sec. 4.  Minnesota Statutes 1994, section 3.736, is amended 
  3.2   by adding a subdivision to read: 
  3.3      Subd. 4c.  [MEDICAL EXPENSES.] The limits on claims in 
  3.4   subdivision 4 do not apply to medical expenses resulting from 
  3.5   injuries caused by wrongful acts or omissions of the state or 
  3.6   its employees. 
  3.7      Sec. 5.  Minnesota Statutes 1994, section 466.04, 
  3.8   subdivision 1, is amended to read: 
  3.9      Subdivision 1.  [LIMITS; PUNITIVE DAMAGES.] (a) Liability 
  3.10  of any municipality on any claim within the scope of sections 
  3.11  466.01 to 466.15 shall not exceed:  
  3.12     (1) $200,000 $286,000 when the claim is one for death by 
  3.13  wrongful act or omission and $200,000 $286,000 to any claimant 
  3.14  in any other case; 
  3.15     (2) $600,000 $858,000 for any number of claims arising out 
  3.16  of a single occurrence; or 
  3.17     (3) twice the limits provided in clauses (1) and (2) when 
  3.18  the claim arises out of the release or threatened release of a 
  3.19  hazardous substance, whether the claim is brought under sections 
  3.20  115B.01 to 115B.15 or under any other law.  
  3.21     (b) No award for damages on any such claim shall include 
  3.22  punitive damages. 
  3.23     (c) The limits on claims in this subdivision do not apply 
  3.24  to medical expenses resulting from injuries caused by wrongful 
  3.25  acts or omissions of a municipality or its employees. 
  3.26     (d) The dollar amounts in paragraph (a) must be adjusted 
  3.27  annually as provided in section 3.736, subdivision 4b, and the 
  3.28  new limits published by August 1 of each year in the newspaper 
  3.29  of widest circulation in the municipality. 
  3.30     Sec. 6.  [EFFECTIVE DATE.] 
  3.31     Sections 1 to 5 are effective August 1, 1995, for claims 
  3.32  arising from acts or omissions taking place on or after that 
  3.33  date.