Subdivision 1. General. Except as provided in subdivision 2, the provisions of chapter 466, regarding tort liability, apply to county agricultural societies organized under this chapter.
Subd. 2. Unpaid board members; liability. A person who serves without compensation as a member of the board of a county agricultural society created or organized under this chapter is not civilly liable for an act or omission by that person if the act or omission was in good faith, was within the scope of the person's responsibilities as a member of the board, and did not constitute willful or reckless misconduct.
This subdivision does not apply to:
(1) an action or proceeding brought by the attorney general for a breach of a fiduciary duty by a board member;
(2) a cause of action to the extent it is based on federal law; or
(3) a cause of action based on a board member's express contractual obligation.
This subdivision does not limit the liability of a member of the board for physical injury to the person of another or for wrongful death that is personally and directly caused by the board member.
For purposes of this subdivision, the term "compensation" means any thing of value received for services rendered, except:
(1) reimbursement for expenses actually incurred;
(2) a per diem in an amount not to exceed the per diem authorized for state advisory councils and committees under section 15.059, subdivision 3; or
(3) payment by the county agricultural society of insurance premiums on behalf of a member of the board.
1978 c 659 s 1; 1990 c 555 s 5
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Chapter 38 — County Agricultural Societies, Fairs, Extension Service
Section 38.01 — County Agricultural Societies; Formation, Powers.
Section 38.013 — Tort Liability.
Section 38.02 — Aid, Distribution.
Section 38.03 — Lease Of County Lands.
Section 38.04 — Annual Meetings; Reports.
Section 38.05 — Power Of Eminent Domain.
Section 38.12 — Appropriations By Municipalities.
Section 38.14 — Appropriations For County Fairs.
Section 38.15 — Sites And Buildings.
Section 38.16 — Exemption From Zoning Ordinances.
Section 38.18 — County Fairgrounds; Improvement Aided.
Section 38.19 — Expenditure Of Appropriations.
Section 38.20 — Supplemental To Existing Laws.
Section 38.27 — County Agricultural Societies.
Section 38.33 — Coordination To Maintain County Extension Work.
Section 38.34 — County Board May Pay For Extension Work.
Section 38.345 — Appropriations By Municipalities.
Section 38.35 — State Appropriations; How Spent.
Section 38.36 — County Extension Committee.
Section 38.37 — County Extension Committee; Program, County Agents.