1.1.................... moves to amend H.F. No. 211, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 3.736, subdivision 4, is amended to read:
1.4    Subd. 4. Limits. The total liability of the state and its employees acting within the
1.5scope of their employment on any tort claim shall not exceed:
1.6    (a) $300,000 when the claim is one for death by wrongful act or omission and
1.7$300,000 to any claimant in any other case, for claims arising before August 1, 2007;
1.8    (b) $400,000 when the claim is one for death by wrongful act or omission and
1.9$400,000 to any claimant in any other case, for claims arising on or after August 1, 2007,
1.10and before July 1, 2009;
1.11    (c) $500,000 when the claim is one for death by wrongful act or omission and
1.12$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
1.13    (d) $750,000 for any number of claims arising out of a single occurrence, for claims
1.14arising on or after January 1, 1998, and before January 1, 2000;
1.15    (e) $1,000,000 for any number of claims arising out of a single occurrence, for
1.16claims arising on or after January 1, 2000, and before January 1, 2008;
1.17    (f) $1,200,000 for any number of claims arising out of a single occurrence, for
1.18claims arising on or after January 1, 2008, and before July 1, 2009; or
1.19    (g) $1,500,000 for any number of claims arising out of a single occurrence, for
1.20claims arising on or after July 1, 2009; or
1.21(h) $1,000,000 for any number of claims arising out of a single occurrence, if the
1.22claim involves a nonprofit organization engaged in or administering outdoor recreational
1.23activities funded in whole or in part by the state or operating under the authorization of
1.24a permit issued by an agency or department of the state.
1.25    If the amount awarded to or settled upon multiple claimants exceeds the applicable
1.26limit under clause (d), (e), (f), or (g), or (h), any party may apply to the district court to
1.27apportion to each claimant a proper share of the amount available under the applicable
2.1limit under clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in
2.2the proportion that the ratio of the award or settlement bears to the aggregate awards and
2.3settlements for all claims arising out of the occurrence.
2.4    The limitation imposed by this subdivision on individual claimants includes damages
2.5claimed for loss of services or loss of support arising out of the same tort.
2.6EFFECTIVE DATE.This section is effective the day following final enactment
2.7and applies to claims arising from acts or omissions that occur on or after that date.

2.8    Sec. 2. Minnesota Statutes 2010, section 466.03, subdivision 6e, is amended to read:
2.9    Subd. 6e. Parks and recreation areas. Any claim based upon the construction,
2.10operation, or maintenance of any property owned or leased by the municipality that is
2.11intended or permitted to be used as a park, as an open area for recreational purposes, or for
2.12the provision of recreational services, or from any claim based on the clearing of land,
2.13removal of refuse, and creation of trails or paths without artificial surfaces, if the claim
2.14arises from a loss incurred by a user of park and recreation property or services. Nothing
2.15in this subdivision limits the liability of a municipality for conduct that would entitle a
2.16trespasser to damages against a private person, except as provided in subdivision 23.
2.17EFFECTIVE DATE.This section is effective the day following final enactment
2.18and applies to causes of action arising on or after that date.

2.19    Sec. 3. Minnesota Statutes 2010, section 466.03, is amended by adding a subdivision
2.20to read:
2.21    Subd. 23. Recreational use of school property and facilities. (a) Any claim for a
2.22loss or injury arising from the use of school property or a school facility made available
2.23for public recreational activity.
2.24(b) Nothing in this subdivision:
2.25(1) limits the liability of a school district for conduct that would entitle a trespasser
2.26to damages against a private person; or
2.27(2) reduces any existing duty owed by the school district.
2.28EFFECTIVE DATE.This section is effective the day following final enactment
2.29and applies to causes of action arising on or after that date.

2.30    Sec. 4. Minnesota Statutes 2010, section 466.04, subdivision 1, is amended to read:
2.31    Subdivision 1. Limits; punitive damages. (a) Liability of any municipality on any
2.32claim within the scope of sections 466.01 to 466.15 shall not exceed:
3.1(1) $300,000 when the claim is one for death by wrongful act or omission and
3.2$300,000 to any claimant in any other case, for claims arising before January 1, 2008;
3.3(2) $400,000 when the claim is one for death by wrongful act or omission and
3.4$400,000 to any claimant in any other case, for claims arising on or after January 1,
3.52008, and before July 1, 2009;
3.6(3) $500,000 when the claim is one for death by wrongful act or omission and
3.7$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009;
3.8(4) $750,000 for any number of claims arising out of a single occurrence, for claims
3.9arising on or after January 1, 1998, and before January 1, 2000;
3.10(5) $1,000,000 for any number of claims arising out of a single occurrence, for
3.11claims arising on or after January 1, 2000, and before January 1, 2008;
3.12(6) $1,200,000 for any number of claims arising out of a single occurrence, for
3.13claims arising on or after January 1, 2008, and before July 1, 2009;
3.14(7) $1,500,000 for any number of claims arising out of a single occurrence, for
3.15claims arising on or after July 1, 2009; or
3.16(8) twice the limits provided in clauses (1) to (7) when the claim arises out of the
3.17release or threatened release of a hazardous substance, whether the claim is brought under
3.18sections 115B.01 to 115B.15 or under any other law; or
3.19(9) $1,000,000 for any number of claims arising out of a single occurrence, if the
3.20claim involves a nonprofit organization engaged in or administering outdoor recreational
3.21activities funded in whole or in part by a municipality or operating under the authorization
3.22of a permit issued by a municipality.
3.23(b) No award for damages on any such claim shall include punitive damages.
3.24EFFECTIVE DATE.This section is effective the day following final enactment
3.25and applies to claims arising from acts or omissions that occur on or after that date.

3.26    Sec. 5. Minnesota Statutes 2010, section 466.04, subdivision 3, is amended to read:
3.27    Subd. 3. Disposition of multiple claims. Where the amount awarded to or settled
3.28upon multiple claimants exceeds the applicable limit under subdivision 1, paragraph
3.29(a), clauses (2) to (4) to (9), any party may apply to any district court to apportion to
3.30each claimant a proper share of the total amount limited by subdivision 1. The share
3.31apportioned each claimant shall be in the proportion that the ratio of the award or
3.32settlement made to each bears to the aggregate awards and settlements for all claims
3.33arising out of the occurrence.
3.34EFFECTIVE DATE.This section is effective the day following final enactment.

4.1    Sec. 6. Minnesota Statutes 2010, section 491A.01, subdivision 3, is amended to read:
4.2    Subd. 3. Jurisdiction; general. (a) Except as provided in subdivisions 4 and 5, the
4.3conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
4.4amount of money or property that is the subject matter of the claim does not exceed: (1)
4.5$7,500; (2) $4,000, $10,000 or $5,000 if the claim involves a consumer credit transaction;
4.6or (3) (2) $15,000, if the claim involves money or personal property subject to forfeiture
4.7under section 609.5311, 609.5312, 609.5314, or 609.5318. "Consumer credit transaction"
4.8means a sale of personal property, or a loan arranged to facilitate the purchase of personal
4.9property, in which:
4.10(1) credit is granted by a seller or a lender who regularly engages as a seller or
4.11lender in credit transactions of the same kind;
4.12(2) the buyer is a natural person;
4.13(3) the claimant is the seller or lender in the transaction; and
4.14(4) the personal property is purchased primarily for a personal, family, or household
4.15purpose and not for a commercial, agricultural, or business purpose.
4.16(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
4.17territorial jurisdiction of conciliation court is coextensive with the county in which the
4.18court is established. The summons in a conciliation court action under subdivisions 6 to
4.1910 may be served anywhere in the state, and the summons in a conciliation court action
4.20under subdivision 7, paragraph (b), may be served outside the state in the manner provided
4.21by law. The court administrator shall serve the summons in a conciliation court action
4.22by first class mail, except that if the amount of money or property that is the subject of
4.23the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
4.24and service on nonresident defendants must be made in accordance with applicable law
4.25or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
4.26documents at trial may be served anywhere within the state in the manner provided by law.
4.27When a court administrator is required to summon the defendant by certified mail
4.28under this paragraph, the summons may be made by personal service in the manner
4.29provided in the Rules of Civil Procedure for personal service of a summons of the district
4.30court as an alternative to service by certified mail.
4.31EFFECTIVE DATE.This section is effective August 1, 2011, and applies to claims
4.32filed on or after that date.

4.33    Sec. 7. [540.19] CLASS ACTIONS; INTERLOCUTORY APPEAL.
4.34A court order certifying a class action, refusing to certify a class action, or denying a
4.35motion to decertify a class action is appealable as a matter of right. While an appeal under
5.1this subdivision is pending, all discovery and other proceedings in the district court are
5.2automatically stayed, except that upon the motion of a party the district court may lift the
5.3stay, in whole or in part, for good cause shown.
5.4EFFECTIVE DATE.This section is effective July 1, 2011, and applies to orders
5.5issued on or after that date.

5.6    Sec. 8. Minnesota Statutes 2010, section 541.05, subdivision 1, is amended to read:
5.7    Subdivision 1. Six-year Four-year limitation; exceptions. (a) Except as provided
5.8in paragraph (c) or (d), and where the Uniform Commercial Code otherwise prescribes,
5.9the following actions shall be commenced within six four years:
5.10(1) upon a contract or other obligation, express or implied, as to which no other
5.11limitation is expressly prescribed;
5.12(2) (1) upon a liability created by statute, other than those arising upon a penalty or
5.13forfeiture or where a shorter period is provided by section 541.07;
5.14(3) (2) for a trespass upon real estate;
5.15(4) (3) for taking, detaining, or injuring personal property, including actions for the
5.16specific recovery thereof;
5.17(5) (4) for criminal conversation, or for any other injury to the person or rights of
5.18another, not arising on contract, and not hereinafter enumerated;
5.19(6) (5) for relief on the ground of fraud, in which case the cause of action shall
5.20not be deemed to have accrued until the discovery by the aggrieved party of the facts
5.21constituting the fraud;
5.22(7) (6) to enforce a trust or compel a trustee to account, where the trustee has
5.23neglected to discharge the trust, or claims to have fully performed it, or has repudiated the
5.24trust relation;
5.25(8) (7) against sureties upon the official bond of any public officer, whether of the
5.26state or of any county, town, school district, or a municipality therein; in which case
5.27the limitation shall not begin to run until the term of such officer for which the bond
5.28was given shall have expired; or
5.29(9) (8) for damages caused by a dam, used for commercial purposes; or.
5.30(b) An action upon a contract or other obligation, express or implied, as to which no
5.31other limitation is expressly prescribed shall be commenced within six years.
5.32(10) (c) An action for assault, battery, false imprisonment, or other tort resulting in
5.33personal injury, shall be commenced within six years if the conduct that gives rise to the
5.34cause of action also constitutes domestic abuse as defined in section 518B.01.
6.1(d) Except for actions commenced pursuant to paragraph (a), clause (5), and
6.2paragraph (b), the limitation period for actions contained in this subdivision shall not
6.3begin to run until the time at which a reasonable person in the plaintiff's position would
6.4know the fact of the injury, and that the injury was caused by the alleged conduct of
6.5the defendant. There is an absolute limit of six years from the date the cause of action
6.6occurred in which to commence an action.
6.7(e) Except for actions commenced pursuant to paragraph (a), clause (5), no cause
6.8of action may in any extent be commenced after six years from the date the cause of
6.9action occurs.
6.10EFFECTIVE DATE.This section is effective August 1, 2011, and applies to causes
6.11of action occurring or accruing on or after that date.

6.12    Sec. 9. Minnesota Statutes 2010, section 549.09, subdivision 1, is amended to read:
6.13    Subdivision 1. When owed; rate. (a) When a judgment or award is for the recovery
6.14of money, including a judgment for the recovery of taxes, interest from the time of
6.15the verdict, award, or report until judgment is finally entered shall be computed by the
6.16court administrator or arbitrator as provided in paragraph (c) and added to the judgment
6.17or award.
6.18(b) Except as otherwise provided by contract or allowed by law, preverdict,
6.19preaward, or prereport interest on pecuniary damages shall be computed as provided
6.20in paragraph (c) from the time of the commencement of the action or a demand for
6.21arbitration, or the time of a written notice of claim, whichever occurs first, except as
6.22provided herein. The action must be commenced within two years of a written notice of
6.23claim for interest to begin to accrue from the time of the notice of claim. If either party
6.24serves a written offer of settlement, the other party may serve a written acceptance or a
6.25written counteroffer within 30 days. After that time, interest on the judgment or award
6.26shall be calculated by the judge or arbitrator in the following manner. The prevailing
6.27party shall receive interest on any judgment or award from the time of commencement
6.28of the action or a demand for arbitration, or the time of a written notice of claim, or as
6.29to special damages from the time when special damages were incurred, if later, until the
6.30time of verdict, award, or report only if the amount of its offer is closer to the judgment or
6.31award than the amount of the opposing party's offer. If the amount of the losing party's
6.32offer was closer to the judgment or award than the prevailing party's offer, the prevailing
6.33party shall receive interest only on the amount of the settlement offer or the judgment or
6.34award, whichever is less, and only from the time of commencement of the action or a
6.35demand for arbitration, or the time of a written notice of claim, or as to special damages
7.1from when the special damages were incurred, if later, until the time the settlement offer
7.2was made. Subsequent offers and counteroffers supersede the legal effect of earlier offers
7.3and counteroffers. For the purposes of clause (2), the amount of settlement offer must
7.4be allocated between past and future damages in the same proportion as determined by
7.5the trier of fact. Except as otherwise provided by contract or allowed by law, preverdict,
7.6preaward, or prereport interest shall not be awarded on the following:
7.7(1) judgments, awards, or benefits in workers' compensation cases, but not including
7.8third-party actions;
7.9(2) judgments or awards for future damages;
7.10(3) punitive damages, fines, or other damages that are noncompensatory in nature;
7.11(4) judgments or awards not in excess of the amount specified in section 491A.01;
7.12and
7.13(5) that portion of any verdict, award, or report which is founded upon interest, or
7.14costs, disbursements, attorney fees, or other similar items added by the court or arbitrator.
7.15(c)(1) For a judgment or award of $50,000 or less or a judgment or award for or
7.16against the state or a political subdivision of the state, regardless of the amount, The
7.17interest shall be computed as simple interest per annum. The rate of interest shall be based
7.18on the secondary market yield of one year United States Treasury bills, calculated on a
7.19bank discount basis as provided in this section.
7.20On or before the 20th day of December of each odd-numbered year the state court
7.21administrator shall determine the rate from the one-year constant maturity treasury yield
7.22for the most recent calendar month, reported on a monthly basis in the latest statistical
7.23release of the board of governors of the Federal Reserve System. This yield plus eight
7.24percentage points if the judgment or award is over $50,000, rounded to the nearest
7.25one percent, or four percent, whichever is greater, shall be the annual interest rate for
7.26verdicts entered during the succeeding calendar year two calendar years. The state court
7.27administrator shall communicate the interest rates to the court administrators and sheriffs
7.28for use in computing the interest on verdicts and shall make the interest rates available
7.29to arbitrators.
7.30This clause applies to any section that references section 549.09 by citation for the
7.31purposes of computing an interest rate on any amount owed to or by the state or a political
7.32subdivision of the state, regardless of the amount.
7.33(2) For a judgment or award over $50,000, other than a judgment or award for or
7.34against the state or a political subdivision of the state, the interest rate shall be ten percent
7.35per year until paid.
8.1(3) When a judgment creditor, or the judgment creditor's attorney or agent, has
8.2received a payment after entry of judgment, whether the payment is made voluntarily by
8.3or on behalf of the judgment debtor, or is collected by legal process other than execution
8.4levy where a proper return has been filed with the court administrator, the judgment
8.5creditor, or the judgment creditor's attorney, before applying to the court administrator
8.6for an execution shall file with the court administrator an affidavit of partial satisfaction.
8.7The affidavit must state the dates and amounts of payments made upon the judgment after
8.8the most recent affidavit of partial satisfaction filed, if any; the part of each payment that
8.9is applied to taxable disbursements and to accrued interest and to the unpaid principal
8.10balance of the judgment; and the accrued, but the unpaid interest owing, if any, after
8.11application of each payment.
8.12(d) This section does not apply to arbitrations between employers and employees
8.13under chapter 179 or 179A. An arbitrator is neither required to nor prohibited from
8.14awarding interest under chapter 179 or under section 179A.16 for essential employees.
8.15(e) For purposes of this subdivision:
8.16(1) "state" includes a department, board, agency, commission, court, or other entity
8.17in the executive, legislative, or judicial branch of the state; and
8.18(2) "political subdivision" includes a town, statutory or home rule charter city,
8.19county, school district, or any other political subdivision of the state.
8.20(e) This section does not apply to a judgment or award upon which interest is entitled
8.21to be recovered under section 60A.0811.
8.22EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
8.23judgments and awards entered on or after that date.

8.24    Sec. 10. [549.255] ATTORNEY FEE AWARDS.
8.25    Subdivision 1. Reasonable relation of fees to damages. When a statute provides
8.26for the award of attorney fees to a party that has recovered money damages, the court,
8.27in setting the amount of attorney fees, must, in addition to other factors, take into
8.28consideration the reasonableness of the attorney fees sought in relation to the amount of
8.29damages awarded to the prevailing party.
8.30    Subd. 2. Offer of judgment. If an offer of judgment is made by a party under Rule
8.3168 of the Rules of Civil Procedure to a party who claims money damages pursuant, in
8.32whole or in part, to a statute that provides for the award of attorney fees, and the party
8.33claiming attorney fees does not obtain a verdict in excess of the offer, exclusive of attorney
8.34fees, no attorney fees may be awarded for fees incurred after service of the offer of
8.35judgment. The party that rejects an offer of judgment must disclose the attorney fees it
9.1has incurred as of the date of the service of the offer of judgment within the time period
9.2provided by Rule 68 for the acceptance of an offer of judgment.
9.3EFFECTIVE DATE.This section is effective August 1, 2011, and applies to
9.4actions commenced on or after that date.

9.5    Sec. 11. [609.3244] CIVIL LIABILITY.
9.6(a) A sex trafficking victim may bring a cause of action against a person who violates
9.7section 609.322. The court may award damages, including punitive damages, reasonable
9.8attorney fees, and other litigation costs reasonably incurred by the victim.
9.9(b) The rules of evidence set out in section 611A.83 apply to a cause of action under
9.10this section. The evidentiary protections provided by this paragraph do not apply to any
9.11subsequent prosecution of a violent crime, as defined in section 609.1095, subdivision 1,
9.12paragraph (d).
9.13EFFECTIVE DATE.This section is effective August 1, 2011, and applies to causes
9.14of action commenced on or after that date."
9.15Amend the title accordingly