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HF3503 (Legislative Session 94 (2025-2026))

Common law defenses of judicial and quasi-judicial immunity limited.

AI Generated Summary

Purpose

  • The bill changes how liability is handled when state workers or certain peace officers cause injuries, property damage, or death. It sets rules about when the state is responsible to pay damages and how immunity defenses apply.

Main Provisions

  • Amends Minnesota Statutes 2024 section 3.736, subdivision 1 to add a general rule.
  • New rule: The state must pay compensation for injury to or loss of property, or other personal injury or death, caused by an act or omission of:
    • a state employee acting within the scope of their job, or
    • a peace officer who is not acting for a private employer, and who acts in good faith under section 629.40, subdivision 4.
  • This must occur in circumstances where a private person would be liable to the claimant, whether the harm arises from a governmental function or a private/proprietary function.
  • The rule does not waive judicial, quasi-judicial, or legislative immunity completely; immunity protections remain except as provided in subdivisions 1a and 8.

Significant Changes to Existing Law

  • Establishes a general rule that the state will compensate people for certain harms caused by state employees or peace officers acting within their official duties and in good faith.
  • Applies to harms that would otherwise be liable to a private party, expanding potential liability to situations that involve governmental or private-type functions.
  • Maintains existing immunity defenses (judicial, quasi-judicial, legislative) but notes they may be waived only in specific subparts (1a and 8), limiting the extent of immunity protections.

Immunity and Exceptions

  • Immunity defenses are not waived for all cases; the bill preserves judicial, quasi-judicial, and legislative immunity except as specified in subdivisions 1a and 8.
  • The good-faith requirement references section 629.40, subdivision 4, tying when the liability rule applies to the officer’s conduct.

Practical Effects

  • Individuals could seek compensation from the state for injuries, property loss, or death caused by state employees or certain peace officers, when a private party would have been liable.
  • The change shifts some risk from private individuals to the state, but only under defined conditions and with limited immunity exceptions.

Relevant Terms - compensation - injury - loss of property - personal injury - death - state employee - peace officer - within the scope of office or employment - good faith - section 629.40 subdivision 4 - governmental function - proprietary function - private liability - judicial immunity - quasi-judicial immunity - legislative immunity - immunity waivers (subdivisions 1a and 8) - Minnesota Statutes 2024 section 3.736

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 19, 2026HouseActionIntroduction and first reading, referred toJudiciary Finance and Civil Law

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Amends Minn. Stat. 3.736, subdivision 1, to address general rule for compensation for injuries or losses caused by state employees or peace officers acting in good faith, and to clarify immunity defenses remain in place except as provided in subdivisions 1a and 8.",
      "modified": []
    },
    "citation": "3.736",
    "subdivision": "Subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References subdivisions 1a of Minn. Stat. 3.736 as exceptions to the immunity waiver language.",
      "modified": []
    },
    "citation": "3.736",
    "subdivision": "Subdivision 1a"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References subdivision 8 of Minn. Stat. 3.736 as an exception to the immunity waiver.",
      "modified": []
    },
    "citation": "3.736",
    "subdivision": "Subdivision 8"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cites Minn. Stat. 629.40, subdivision 4, in relation to the good-faith acts by state employees or peace officers.",
      "modified": []
    },
    "citation": "629.40",
    "subdivision": "Subdivision 4"
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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