05/04/1987 Park Board Packet - Laserfiche WebLink

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Prosec,uting attorneys Government immtinit), — municipalities Chapter 440 (S.F. 2087) transfers the responsibility Joint powers. The definition of municipality will to prosecute state law violations which are misde- now include joint powers boards or organizations. meanors and petty misdemeanors from townships to Snow and ice. Municipalities will be immune from the county attorney. The act leaves cities with their claims based on snow and ice conditions on public went prosecution responsibilities and expenses. sidewalks that do not abut publicly owned buildings and parking lots. arks.The law provides municipal bmututy for a Court fees based on the construction, operation,or mairrte- Chapter 442 (H.F. 1772) increases court administra- ( nance of property the municipality owns or leases as a lion service fees, filing fees, and copy fees in districts park"if the claim arises from a loss incurred by a user where they are not already established by court rule. of park and recreation property or services." But, no immunity from liability is available "for conduct that would entitle a trespasser to damages against a private Crime victims reparations person." Chapter 463 (H.F. 1958) requires prosecutors to Licensing. Municipal immunity will include "any make reasonable efforts to notify and seek input from claim for a loss based on the failure of any person to the victim prior to referring the defendant to a pre- meet the standards needed for a license, permit, or trial diversion program. A victim does not need to other authorization issued by the municipality or its state his/her address on the record in open court. A agents." victim is entitled to be notified of the offender's Immunity equal to state. A municipality is impending release, extended furlough, or work immune from any claim against it if the same claim release. An employer that threatens to discharge or would not be valid if brought against the state. discipline a victim because the victim is subpoenaed or Notice of claim. The notice of claim provision for requested by the prosecutor to testify in court is guilty municipalities will become parallel to the state's notice of a misdemeanor. of claim provision. Punitive damages. A municipality may not indem- nify an officer or employee for punitive damages. The murkipality may provide defense against a claim for punitive damages as a necessary incident to other elements of a defense. Law enforcement. Costs the court assesses against a municipality for injuries arising out of an arrest will be the responsibility of the municipality that Tort and insurance reform provided the law enforcement employees involved in the arrest. Most of the tort and insurance reforms that the Joint liability. The law changes joint liability for 1986 Legislature passed are in Chapter 455 (S.F. the state and municipalities. If their fault is less than 2078). Several provisions are of particular interest to 35 percent, they are liable for no more than twice cities. their allocated fault. Indemnification. Municipalities will have state Joint underwriting association indemnification when they perform state-mandated inspections or investigations of people prior to issu- The law creates the Minnesota Joint Underwriting ance of a state license. Association (JUA). The JUA is a state-run insurance plan which will pros ide insurance for anyone who is unable to obtain insurance through ordinary means. The association will establish premium rates on an Specific tort reform changes actuarially sound basis according to the law. Every Unpaid directors. Unpaid directors or trustees of insurer with authority to write property or casualty non-profit corporations are immune from liability. insurance in the state will be a member of the Municipalities and railroads. The law provides association. Members of the plan will share losses and municipal immunity for railroads leasing tracks and expenses based on their proportion of total premium in rights-of-way to regional railroad authorities. this state. The JUA will sunset in two years. Government immunity — state General tort reform protizsions Liability. Under the new law, the state will pay Collateral source rule. The law abolishes this rule compensation for personal injury or property damage, ther the liability arises out of a "governmental or which now precludes considering other sources of Wi ,crier the function." compensation for injuries. Collateral sources do not include life insurance and private disability insurance. Snow and ice. The law provides state immunity They include only those payments made on plaintiffs from losses caused by snow or ice conditions on public behalf up to the date of the verdict. In calculating sidewalks if the sidewalks do not abut publicly owned attorneys' fees, a subrogated provider of collateral buildings and parking lots. source not separately represented by counsel must \lay 1986 7