SF4819
No-cost contract with a non-profit organization in the state claims and municipality tort claims liability limitations inclusion provision
Legislative Session 94 (2025-2026)
Related bill: HF3690
AI Generated Summary
Purpose
This bill changes and expands the liability rules for civil claims (torts) involving the state, its employees, and municipalities. It also adds special liability rules for nonprofit groups working with the state or municipalities, especially in outdoor recreation contexts, and it sets rules about punitive damages and how large liability awards can be. It updates how damages are counted and how multiple claimants share the available limits.
Main Provisions
State liability limits for tort claims (Minnesota Statutes 2024, §3.736, Subd. 4)
- Establishes tiered caps on total liability for the state and its employees acting within their jobs.
- Separate caps for death-by-wrongful-act/omission versus other claims, with schedules based on when the claim arises:
- Before Aug. 1, 2007: 300,000 (death) or 300,000 (other claims)
- Aug. 1, 2007 to Jul. 31, 2009: 400,000 (death) or 400,000 (other)
- On/after Jul. 1, 2009: 500,000 (death) or 500,000 (other)
- Single-Occurrence caps (for claims arising from one event):
- 750,000 (1998–2000)
- 1,000,000 (2000–2008)
- 1,200,000 (2008–2009)
- 1,500,000 (on/after Jul. 1, 2009)
- An additional 1,000,000 cap applies for single occurrences if a claim involves a nonprofit organization engaged in outdoor recreation, funded by the state, or operating under a state permit or nocost contract.
- For nonprofit-related caps, a “nocost contract” means a contract where the nonprofit provides goods or services to the state at no cost.
- If total awards/settlements exceed the applicable cap, any party can request the district court to apportion the amount among claimants proportionally to each claimant’s award/share.
- Damages for loss of services or loss of support arising from the same tort count toward the cap.
Punitive damages and liability limits for municipalities (Minnesota Statutes 2024, §466.04, Subd. 1)
- Establishes similar tiered caps for municipalities’ liability for tort claims, with separate death vs. other-claims limits, and single-occurrence caps mirroring the state schedule.
- Adds an enhancement: twice the listed limits for claims arising from the release or threatened release of a hazardous substance (under state or other law), with certain references to hazardous-substance statutes.
- Punitive damages are not allowed in these claims (no punitive damages may be awarded for such claims).
Special provisions related to hazardous substances
- For claims arising from the release or threatened release of a hazardous substance, the liability limits are doubled (twice the standard caps) under the specified sections.
- This doubling applies whether the claim is brought under relevant hazardous-substance statutes or under any other law.
Nonprofit organizations and outdoor recreational activities
- A broader cap (1,000,000) applies to any number of claims arising from a single occurrence if the claim involves a nonprofit organization that is:
- Engaged in or administering outdoor recreational activities
- Funded in whole or in part by a municipality
- Operating under a municipal permit or a nocost contract with the municipality
- For these nonprofit-related claims, punitive damages are not awarded.
Definitions and clarify what counts as a nocost contract
- A nocost contract is defined as one where the nonprofit organization provides goods or services to the state or a municipality at no cost.
Significant Changes / What This Means
- Overall, the bill tightens and phases in liability caps for state and municipal tort claims, providing predictable limits that can vary by type of claim (death vs. other claims) and by time period.
- It creates a mechanism to apportion liability when settlements exceed the cap, preventing one claimant from absorbing more than the limit and enabling proportional distribution.
- It recognizes special circumstances for hazardous substance releases by doubling the caps, increasing potential exposure for those to such claims.
- It expands protections for nonprofit organizations working with the state or municipalities in outdoor recreation by offering a higher cap, while simultaneously prohibiting punitive damages in those cases.
- Damages for loss of services or support are included in the cap calculations, limiting extra compensation for related losses within the same tort.
Practical Implications (plain-language overview)
- Government entities (state and municipalities) would have clearer and higher caps for some newer claims, reducing potential unlimited liability.
- Courts would need to apportion amounts when multiple claimants share a single incident that triggers the cap.
- If a hazardous substance incident occurs, the available liability amount for those claims could be doubled, but punitive damages would still be barred in these cases.
- Nonprofit groups involved in state or local outdoor recreation that work under municipal funding or permits could face a higher overall cap for related claims, but those cases could not include punitive damages.
Effective Context
- Applies to tort claims against the state, its employees, and municipalities, with adjustments based on the date of the claim and whether the claim involves death or other damages.
- Introduces explicit definitions and terms (e.g., nocost contract, single occurrence, loss of services, loss of support) to guide how caps are calculated and applied.
Relevant Terms - tort claim - civil liability - state and employees - municipality - punitive damages - nocost contract - nonprofit organization - outdoor recreational activities - loss of services - loss of support - single occurrence - death by wrongful act or omission - apportionment - hazardous substance - release or threatened release - caps / liability limits - claims arising before/after specific dates
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 25, 2026 | Senate | Action | Introduction and first reading | ||
| March 25, 2026 | Senate | Action | Referred to | Judiciary and Public Safety |
Citations
[
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill revises the liability limits for the state and its employees on tort claims under Minn. Stat. § 3.736, subd. 4, including tiered caps based on death versus other claims and by date, plus an apportionment mechanism for multiple claimants and a nocost contract definition with nonprofit organizations.",
"modified": [
"Modifies tort liability caps for the state and its employees; introduces date- and claim-type-based limits; provides method to apportion liability among multiple claimants; defines nocost contracts with nonprofits."
]
},
"citation": "3.736",
"subdivision": "subd. 4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "This bill revises the punitive damages limits for municipal liability under Minn. Stat. § 466.04, subd. 1, including tiered caps for death vs. other damages and special provisions for single occurrences, with a prohibition on punitive damages in certain cases.",
"modified": [
"Adjusts punitive damages caps by category and date; provides higher caps for single occurrences; includes specific provisions regarding nonprofit or hazardous-substance-related contexts; prohibits punitive damages in some claims."
]
},
"citation": "466.04",
"subdivision": "subd. 1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill references Minnesota Statutes §115B.01 to §115B.15 in relation to hazardous-substance claims and provides that the limits may be doubled for claims arising from the release or threatened release of a hazardous substance, applicable whether the claim is under these sections or under any other law.",
"modified": [
"Cross-references 115B.01–115B.15 and adds a provision to double the applicable limits for hazardous-substance release claims."
]
},
"citation": "115B.01 to 115B.15",
"subdivision": ""
}
]