HF 2553

CCR--HF2553A - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:27 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2553 1.2A bill for an act 1.3relating to state government; creating a catastrophe survivor compensation 1.4fund; appropriating money;amending Minnesota Statutes 2006, section 13.635, 1.5by adding a subdivision; proposing coding for new law as Minnesota Statutes, 1.6chapter 8A. 1.7May 5, 2008 1.8The Honorable Margaret Anderson Kelliher 1.9Speaker of the House of Representatives 1.10The Honorable James P. Metzen 1.11President of the Senate 1.12We, the undersigned conferees for H. F. No. 2553 report that we have agreed upon 1.13the items in dispute and recommend as follows: 1.14That the Senate recede from its amendments and that H. F. No. 2553 be further 1.15amended as follows: 1.16Delete everything after the enacting clause and insert: 1.17    "Section 1. Minnesota Statutes 2006, section 3.736, subdivision 4, is amended to read: 1.18    Subd. 4. Limits. The total liability of the state and its employees acting within the 1.19scope of their employment on any tort claim shall not exceed: 1.20    (a) $300,000 when the claim is one for death by wrongful act or omission and 1.21$300,000 to any claimant in any other case, for claims arising before January new text begin August new text end 1.221, 2008 new text begin 2007 new text end ; 1.23    (b) $400,000 when the claim is one for death by wrongful act or omission and 1.24$400,000 to any claimant in any other case, for claims arising on or after January new text begin August new text end 1.251, 2008 new text begin 2007 new text end , and before July 1, 2009; 1.26    (c) $500,000 when the claim is one for death by wrongful act or omission and 1.27$500,000 to any claimant in any other case, for claims arising on or after July 1, 2009; 1.28    (d) $750,000 for any number of claims arising out of a single occurrence, for claims 1.29arising on or after January 1, 1998, and before January 1, 2000; 2.1    (e) $1,000,000 for any number of claims arising out of a single occurrence, for 2.2claims arising on or after January 1, 2000, and before January 1, 2008; 2.3    (f) $1,200,000 for any number of claims arising out of a single occurrence, for 2.4claims arising on or after January 1, 2008, and before July 1, 2009; or 2.5    (g) $1,500,000 for any number of claims arising out of a single occurrence, for 2.6claims arising on or after July 1, 2009. 2.7    If the amount awarded to or settled upon multiple claimants exceeds the applicable 2.8limit under clause (d), (e), (f), or (g), any party may apply to the district court to apportion 2.9to each claimant a proper share of the amount available under the applicable limit under 2.10clause (d), (e), (f), or (g). The share apportioned to each claimant shall be in the proportion 2.11that the ratio of the award or settlement bears to the aggregate awards and settlements for 2.12all claims arising out of the occurrence. 2.13    The limitation imposed by this subdivision on individual claimants includes damages 2.14claimed for loss of services or loss of support arising out of the same tort. 2.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from August 1, 2007. new text end 2.16    Sec. 2. new text begin [3.7391] PURPOSE. new text end 2.17     new text begin Subdivision 1. new text end new text begin Findings; I-35W bridge. new text end new text begin The legislature finds that the collapse of new text end 2.18 new text begin the Interstate Highway 35W bridge over the Mississippi River in Minneapolis on August new text end 2.19 new text begin 1, 2007, was a catastrophe of historic proportions. The bridge was the third-busiest in the new text end 2.20 new text begin state, carrying over 140,000 cars per day. Its collapse killed 13 people and injured more new text end 2.21 new text begin than 100. No other structure owned by this state has ever fallen with such devastating new text end 2.22 new text begin physical and psychological impact on so many. new text end 2.23     new text begin Subd. 2. new text end new text begin Compensation process. new text end new text begin The establishment of a compensation process new text end 2.24 new text begin under sections 3.7391 to 3.7394 for survivors of the catastrophe furthers the public new text end 2.25 new text begin interest by providing a remedy for survivors while avoiding the uncertainty and expense new text end 2.26 new text begin of potentially complex and protracted litigation to resolve the issue of the liability of the new text end 2.27 new text begin state, a municipality, or their employees for damages incurred by survivors. new text end 2.28     new text begin Subd. 3. new text end new text begin Not an admission of liability. new text end new text begin These findings are not an admission new text end 2.29 new text begin of liability of the state, a municipality, or their employees for damages caused by the new text end 2.30 new text begin catastrophe. new text end 2.31    Sec. 3. new text begin [3.7392] DEFINITIONS. new text end 2.32     new text begin Subdivision 1. new text end new text begin Application. new text end new text begin The definitions in this section apply to sections 3.7391 new text end 2.33 new text begin to 3.7394. new text end 3.1     new text begin Subd. 2. new text end new text begin Catastrophe. new text end new text begin "Catastrophe" means the collapse of the I-35W bridge over new text end 3.2 new text begin the Mississippi River in Minneapolis on August 1, 2007. new text end 3.3     new text begin Subd. 3. new text end new text begin Damages. new text end new text begin "Damages" means damages that are compensable under state new text end 3.4 new text begin tort law and damages for wrongful death that are compensable under section 573.02. new text end 3.5 new text begin Damages do not include punitive damages or attorney fees or other fees incurred by a new text end 3.6 new text begin survivor in making a claim under this section or other law. new text end 3.7     new text begin Subd. 4. new text end new text begin Emergency relief fund. new text end new text begin "Emergency relief fund" means the I-35W bridge new text end 3.8 new text begin emergency relief fund created by the state on November 30, 2007. new text end 3.9     new text begin Subd. 5. new text end new text begin Municipality. new text end new text begin "Municipality" has the meaning given in section 466.01. new text end 3.10     new text begin Subd. 6. new text end new text begin Panel. new text end new text begin "Panel" means the special master panel created under section new text end 3.11 new text begin 3.7393. new text end 3.12     new text begin Subd. 7. new text end new text begin State. new text end new text begin "State" has the meaning given in section 3.732. new text end 3.13     new text begin Subd. 8. new text end new text begin Survivor. new text end new text begin "Survivor" means a natural person who was present on the new text end 3.14 new text begin I-35W bridge at the time of the collapse. Survivor also includes: new text end 3.15     new text begin (1) the parent or legal guardian of a survivor who is under 18 years of age; new text end 3.16     new text begin (2) a legally appointed representative of a survivor; or new text end 3.17     new text begin (3) the surviving spouse or next of kin of a deceased survivor who would be entitled new text end 3.18 new text begin to bring an action under section 573.02. new text end 3.19    Sec. 4. new text begin [3.7393] CONSIDERATION AND PAYMENT OF CLAIMS. new text end 3.20     new text begin Subdivision 1. new text end new text begin Special master panel. new text end new text begin The chief justice of the Supreme Court new text end 3.21 new text begin shall establish a special master panel to consider claims, make offers of settlement, and new text end 3.22 new text begin enter into settlement agreements with survivors on behalf of the state. The panel must new text end 3.23 new text begin be established by June 30, 2008. The panel must consist of three attorneys. Members of new text end 3.24 new text begin the panel must have experience in legal issues involving the settlement of tort claims and new text end 3.25 new text begin the determination of damages. The chief justice shall designate a member of the panel new text end 3.26 new text begin to serve as chair of the panel. The chief justice shall determine the pay and expenses to new text end 3.27 new text begin be received by the panel. new text end 3.28     new text begin Subd. 2. new text end new text begin Staff. new text end new text begin Within the limits of available appropriations, the state court new text end 3.29 new text begin administrator, in consultation with the panel, shall hire employees or retain consultants new text end 3.30 new text begin necessary to assist the panel in performing its duties under this section. Employees are in new text end 3.31 new text begin the unclassified state civil service. The panel may also use consultants who are under a new text end 3.32 new text begin contract with the state or current state employees to assist the panel in processing claims new text end 3.33 new text begin under this section. new text end 4.1     new text begin Subd. 3. new text end new text begin Records. new text end new text begin Records of the panel related to a claim filed by a survivor, an new text end 4.2 new text begin offer of settlement, or an acceptance or rejection of an offer are not accessible to the new text end 4.3 new text begin public except for: new text end 4.4     new text begin (1) the name of the survivor; and new text end 4.5     new text begin (2) the terms of any written settlement agreement between the survivor and the state. new text end 4.6     new text begin Subd. 4. new text end new text begin Procedure. new text end new text begin Consistent with sections 3.7391 to 3.7394, the panel may new text end 4.7 new text begin adopt and modify procedures, rules, and forms for considering claims, making offers of new text end 4.8 new text begin settlement, entering into settlement agreements, and considering requests for and making new text end 4.9 new text begin supplemental payments. The panel must allow each survivor to appear in person before new text end 4.10 new text begin the panel or one of its members. new text end 4.11     new text begin Subd. 5. new text end new text begin Payment of panel expenses. new text end new text begin The state court administrator shall forward new text end 4.12 new text begin documentation of salaries, expenses, and administrative costs under this section to the new text end 4.13 new text begin commissioner of finance for payment of those amounts. new text end 4.14     new text begin Subd. 6. new text end new text begin Immunity. new text end new text begin Members of the panel and employees and consultants acting new text end 4.15 new text begin under the direction of the panel are absolutely immune from civil liability for any act or new text end 4.16 new text begin omission occurring within the scope of the performance of their duties under this section. new text end 4.17     new text begin Subd. 7. new text end new text begin General duties. new text end new text begin The panel shall consider claims, make offers of settlement, new text end 4.18 new text begin and enter into settlement agreements with survivors as provided in this section. The panel new text end 4.19 new text begin must not consider negligence or any other theory of liability. The panel shall make offers new text end 4.20 new text begin of settlement and supplemental payments under this section with the assumption that no new text end 4.21 new text begin future appropriation will be available for these purposes and shall include a notice of this new text end 4.22 new text begin provision when making settlement offers. new text end 4.23     new text begin Subd. 8. new text end new text begin Effect and finality of offers and settlement agreements. new text end new text begin (a) An offer of new text end 4.24 new text begin settlement made to a survivor under this section is considered for all purposes to be an new text end 4.25 new text begin offer to the survivor to settle a legal claim. new text end 4.26     new text begin (b) A determination by the panel regarding an offer of settlement or settlement new text end 4.27 new text begin agreement or a supplemental payment is final and not subject to judicial review. new text end 4.28 new text begin (c) The amount of damages incurred by a survivor calculated by the panel pursuant new text end 4.29 new text begin to subdivision 10 may not be used in a subsequent court proceeding in evidence or new text end 4.30 new text begin otherwise to determine any rights, duties, or responsibilities of the state or any other party. new text end 4.31     new text begin Subd. 9. new text end new text begin Deadlines. new text end new text begin In order to be eligible to receive an offer of settlement or enter new text end 4.32 new text begin into a settlement agreement under this section or to receive a supplemental payment new text end 4.33 new text begin under subdivision 12, a survivor must file a claim with the panel by October 15, 2008. new text end 4.34 new text begin Any offer of settlement must be made by February 28, 2009. A survivor must accept or new text end 4.35 new text begin reject the offer of settlement within 45 days after receiving the offer. Failure to accept an new text end 5.1 new text begin offer within 45 days is a rejection. A survivor who is eligible to receive a supplemental new text end 5.2 new text begin payment under subdivision 12 may choose to wait until the survivor's supplemental new text end 5.3 new text begin payment is calculated before accepting or rejecting an offer of settlement, provided that a new text end 5.4 new text begin survivor may not accept an offer of settlement later than 45 days after receiving notice of new text end 5.5 new text begin the proposed supplemental payment award. The decision to accept or reject an offer is new text end 5.6 new text begin irrevocable. The panel must notify a survivor of the deadlines for response to an offer of new text end 5.7 new text begin settlement as provided in this subdivision. new text end 5.8     new text begin Subd. 10. new text end new text begin Calculation of amount. new text end new text begin The panel shall determine the total damages new text end 5.9 new text begin incurred by a survivor. The amount of an offer of settlement under this section must be new text end 5.10 new text begin calculated based on the total damages, less: new text end 5.11     new text begin (1) payments made to the survivor up to the date the settlement offer is made from new text end 5.12 new text begin the collateral sources referred to in section 548.36, subdivision 1; new text end 5.13     new text begin (2) any payment made to the survivor from the emergency relief fund; and new text end 5.14     new text begin (3) any payments made or required to be made to the survivor by a third-party new text end 5.15 new text begin tortfeasor under the terms of a settlement or other agreement with the survivor that exists new text end 5.16 new text begin at the time the offer is made or a final judgment in favor of the survivor concerning claims new text end 5.17 new text begin of the survivor that relate to, involve, or arise out of the catastrophe. new text end 5.18     new text begin Subd. 11. new text end new text begin Offers of settlement; limit on amount. new text end new text begin (a) The amount of an offer of new text end 5.19 new text begin settlement or payment required by a settlement agreement must not exceed $400,000. new text end 5.20 new text begin This limitation does not apply to a supplemental payment made under subdivision 12. An new text end 5.21 new text begin offer of settlement must be accompanied by a notice to the survivor of the remainder of new text end 5.22 new text begin the amount calculated under subdivision 10 that is not included in the offer because of the new text end 5.23 new text begin limitation under this paragraph and the amount of the remainder for which a supplemental new text end 5.24 new text begin payment may be awarded. new text end 5.25     new text begin (b) Notwithstanding section 3.736, subdivision 4, clause (e), or section 466.04, new text end 5.26 new text begin subdivision 1, paragraph (a), clause (5), the $1,000,000 limitation on state or municipal new text end 5.27 new text begin liability for claims arising out of a single occurrence otherwise applicable to the new text end 5.28 new text begin catastrophe does not apply to payments made to survivors under this section. The amount new text end 5.29 new text begin that may be paid by the state is limited by the appropriations for this purpose. new text end 5.30     new text begin Subd. 12. new text end new text begin Supplemental payments. new text end new text begin (a) For purposes of this subdivision, new text end 5.31 new text begin "uncompensated medical expenses" means: new text end 5.32     new text begin (1) medical expenses less payments made to a survivor from collateral sources new text end 5.33 new text begin referred to in section 548.36, subdivision 1, that provide payments for medical expenses; new text end 5.34 new text begin and new text end 6.1     new text begin (2) the present value of premiums, deductibles, and coinsurance payments for new text end 6.2 new text begin high-risk health plan coverage offered by the Minnesota Comprehensive Health new text end 6.3 new text begin Association or by another similar health plan. new text end 6.4     new text begin (b) A survivor is eligible for a supplemental payment if the offer of settlement new text end 6.5 new text begin calculation for the survivor, as provided in subdivision 10, exceeds $400,000. new text end 6.6 new text begin The supplemental payment must be calculated based solely on that portion of the new text end 6.7 new text begin uncompensated medical expenses, loss of income, future earning capacity, or other new text end 6.8 new text begin financial support for which compensation was not received under the offer of settlement or new text end 6.9 new text begin settlement agreement under subdivision 11. A supplemental payment may only be made new text end 6.10 new text begin to a survivor who has accepted an offer of settlement, entered into a settlement agreement, new text end 6.11 new text begin and executed a release under subdivision 13. Consistent with the requirements of this new text end 6.12 new text begin section, the panel shall establish necessary procedures and timelines for the award of new text end 6.13 new text begin supplemental payments. A supplemental payment may be made only for the following new text end 6.14 new text begin purposes, in the following order of priority: new text end 6.15     new text begin (1) to pay uncompensated medical expenses in excess of those paid from the first new text end 6.16 new text begin $400,000; and new text end 6.17     new text begin (2) to pay for loss of income, future earning capacity, or other financial support new text end 6.18 new text begin not included in the first $400,000. new text end 6.19     new text begin No payment may be made to a survivor for loss of income under clause (2) unless new text end 6.20 new text begin and until all survivors have been fully paid for all medical expenses for which they are new text end 6.21 new text begin eligible under clause (1). new text end 6.22 new text begin (c) If the available appropriation is insufficient to make full awards to all survivors new text end 6.23 new text begin eligible for a supplemental payment, the panel may award the payments based on a uniform new text end 6.24 new text begin percentage of the amount that is less than the full amount eligible for a supplemental new text end 6.25 new text begin payment or take other steps the panel considers necessary to ensure that the available new text end 6.26 new text begin appropriation is equitably distributed among all survivors who have requested and qualify new text end 6.27 new text begin for a supplemental payment, subject to the order of priority under this subdivision. new text end 6.28     new text begin Subd. 13. new text end new text begin Release. new text end new text begin A survivor who accepts an offer of settlement from the panel new text end 6.29 new text begin must agree in writing and in a form developed by the panel, with the approval of the new text end 6.30 new text begin attorney general, to release the state and every municipality of this state and their new text end 6.31 new text begin employees from liability, including claims for damages, arising from the catastrophe and new text end 6.32 new text begin to cooperate with the state in pursuing claims the state may have against any other party. new text end 6.33 new text begin The release must also provide that the survivor will indemnify the state, a municipality, new text end 6.34 new text begin and their employees from any claim of contribution or indemnity, or both, made by other new text end 6.35 new text begin persons against the state, a municipality, and their employees and that the survivor will new text end 6.36 new text begin satisfy any judgment obtained by the survivor in an action against other persons to the new text end 7.1 new text begin extent of the release, if the claim or judgment relates in any way to a claim of the survivor new text end 7.2 new text begin arising from the catastrophe. The release must provide for the subrogation interest of the new text end 7.3 new text begin state under section 3.7394, subdivision 5. A survivor who previously has commenced an new text end 7.4 new text begin administrative, court, or other action against the state or a municipality of the state or their new text end 7.5 new text begin employees seeking recovery from loss resulting from the catastrophe must agree to dismiss new text end 7.6 new text begin or otherwise withdraw the action before receiving compensation under this section. new text end 7.7     new text begin Subd. 14. new text end new text begin Payment. new text end new text begin The panel shall promptly forward to the commissioner of new text end 7.8 new text begin finance documentation of each settlement agreement that has been entered into under new text end 7.9 new text begin this section. Except as provided in section 3.7394, subdivision 4, paragraph (b), the new text end 7.10 new text begin commissioner of finance shall pay the agreed amount within 45 days after receiving the new text end 7.11 new text begin documentation and in the order in which the documentation from the panel was received. new text end 7.12     new text begin Subd. 15. new text end new text begin Election to proceed in district court. new text end new text begin (a) A survivor may elect not to file new text end 7.13 new text begin a claim with the panel or not to accept an offer of settlement from the panel. A survivor new text end 7.14 new text begin who elects not to file a claim with the panel or not to accept an offer of settlement has not new text end 7.15 new text begin waived any legal rights that may be asserted against the state or a municipality or their new text end 7.16 new text begin employees and may proceed with a claim in district court. new text end 7.17     new text begin (b) If a survivor elects not to accept an offer of settlement, the state or a municipality new text end 7.18 new text begin or their employees may not use any data provided by the survivor to the panel in a new text end 7.19 new text begin subsequent legal proceeding. The state or a municipality or their employees may obtain new text end 7.20 new text begin information, including data provided to the panel, through discovery or other legal new text end 7.21 new text begin processes. new text end 7.22    Sec. 5. new text begin [3.7394] EFFECT OF SPECIAL COMPENSATION PROCESS; new text end 7.23 new text begin RELATIONSHIP TO OTHER LAW. new text end 7.24     new text begin Subdivision 1. new text end new text begin No state liability or duty created. new text end new text begin The establishment of the new text end 7.25 new text begin special compensation process under section 3.7393 and the emergency relief fund, and new text end 7.26 new text begin an offer of settlement or a settlement agreement, is not an admission of liability by the new text end 7.27 new text begin state or a municipality or their employees and does not establish a duty of the state, a new text end 7.28 new text begin municipality, or their employees to compensate survivors. The creation and funding new text end 7.29 new text begin of the compensation process under sections 3.7391 to 3.7394 or an offer of settlement new text end 7.30 new text begin or settlement agreement is not admissible in a judicial or administrative proceeding to new text end 7.31 new text begin establish liability or a legal duty. new text end 7.32     new text begin Subd. 2. new text end new text begin Payments as additional compensation. new text end new text begin Payments made under section new text end 7.33 new text begin 3.7393 or from the emergency relief fund are intended to supplement and be in addition to new text end 7.34 new text begin any payments required to be made by a third party under law or contract. new text end 8.1     new text begin Subd. 3. new text end new text begin Payments from other sources. new text end new text begin Notwithstanding any statutory or common new text end 8.2 new text begin law or agreement to the contrary, a person required to make payments, including future new text end 8.3 new text begin payments, to a survivor may not eliminate or reduce those payments as a result of new text end 8.4 new text begin compensation paid to the survivor under section 3.7393 or from the emergency relief fund new text end 8.5 new text begin or as a result of the survivor's release of claims against the state, a municipality, or their new text end 8.6 new text begin employees under section 3.7393. The obligation of any person other than the state to make new text end 8.7 new text begin payments to a survivor is primary as compared to any payment made or to be made under new text end 8.8 new text begin section 3.7393 or from the emergency relief fund. The persons referenced in and covered new text end 8.9 new text begin by this subdivision and subdivision 4 include, without limitation: new text end 8.10     new text begin (1) reparation obligors, as defined in section 65B.43, subdivision 9, whether they are new text end 8.11 new text begin insurers or self-insurers; new text end 8.12     new text begin (2) health plan companies, as defined in section 62Q.01, subdivision 4, including the new text end 8.13 new text begin Minnesota Comprehensive Health Association created under section 62E.10; new text end 8.14     new text begin (3) insurance companies, as defined in section 60A.02, subdivision 4; new text end 8.15     new text begin (4) self-insured pools of political subdivisions organized under section 471.617 or new text end 8.16 new text begin 471.981, including service cooperatives pools organized under section 123A.21; new text end 8.17     new text begin (5) risk retention groups, as defined in section 60E.02, subdivision 12; new text end 8.18     new text begin (6) joint self-insurance plans governed by chapter 60F; new text end 8.19     new text begin (7) workers' compensation insurers and private self-insurers, as defined in section new text end 8.20 new text begin 79.01; new text end 8.21     new text begin (8) the Minnesota Life and Health Insurance Guaranty Association governed by new text end 8.22 new text begin chapter 61B; new text end 8.23     new text begin (9) the Minnesota Insurance Guaranty Association governed by chapter 60C; new text end 8.24     new text begin (10) the Minnesota Joint Underwriting Association governed by chapter 62I; new text end 8.25     new text begin (11) all insurers providing credit life, credit accident and health, and credit new text end 8.26 new text begin involuntary unemployment insurance under chapter 62B, but also including those new text end 8.27 new text begin coverages written in connection with real estate mortgage loans and those provided to new text end 8.28 new text begin borrowers at no additional cost; new text end 8.29     new text begin (12) the Minnesota unemployment insurance program provided under chapter 268; new text end 8.30     new text begin (13) coverage offered by the state under medical assistance, general assistance new text end 8.31 new text begin medical care, and MinnesotaCare; and new text end 8.32     new text begin (14) any other plan providing health, life, disability income, or long-term care new text end 8.33 new text begin coverage. new text end 8.34     new text begin Subd. 4. new text end new text begin No third-party subrogation or recovery. new text end new text begin (a) Notwithstanding any new text end 8.35 new text begin statutory or common law or agreement to the contrary, a person who has paid benefits or new text end 8.36 new text begin compensation to or on behalf of a survivor does not have a subrogation or other right to new text end 9.1 new text begin recover those benefits or compensation by making a claim, or recovering from payments new text end 9.2 new text begin made, under section 3.7393 or from the emergency relief fund. new text end 9.3     new text begin (b) Following a settlement agreement under section 3.7393, a person who believes new text end 9.4 new text begin that the state cannot constitutionally prohibit assertion of a subrogation claim and who is new text end 9.5 new text begin claiming a subrogation interest against the amount to be paid by the state has 40 days after new text end 9.6 new text begin the settlement agreement was entered into to provide notice to the state and the survivor of new text end 9.7 new text begin the person's intent to assert that interest, during which time the commissioner of finance new text end 9.8 new text begin must not make the payment. The subrogation claim is waived if the notice is not provided new text end 9.9 new text begin by the deadline. If no notice is received by the deadline, the commissioner of finance shall new text end 9.10 new text begin make the payment. If a notice of claim is received, the commissioner shall withhold the new text end 9.11 new text begin payment until the subrogee abandons or waives the subrogation claim. new text end 9.12     new text begin Subd. 5. new text end new text begin Reimbursement of state; right of subrogation. new text end new text begin (a) Notwithstanding any new text end 9.13 new text begin statutory or common law to the contrary, the state is entitled to recover from any third new text end 9.14 new text begin party, including an agent, contractor, or vendor retained by the state, any payments made new text end 9.15 new text begin from the emergency relief fund or under section 3.7393 to the extent the third party caused new text end 9.16 new text begin or contributed to the catastrophe. The state is entitled to be reimbursed regardless of new text end 9.17 new text begin whether the survivor is fully compensated. new text end 9.18     new text begin (b) Notwithstanding any statutory or common law to the contrary, the state is new text end 9.19 new text begin subrogated to all potential claims against third-party tortfeasors of a survivor receiving new text end 9.20 new text begin payment from the emergency relief fund or under section 3.7393 to the extent the claims new text end 9.21 new text begin relate to, involve, or arise out of the catastrophe. The subrogation right of the state under new text end 9.22 new text begin this subdivision is limited to the amount paid to the survivor from the emergency relief new text end 9.23 new text begin fund and under section 3.7393. The rights of the state under this subdivision are in new text end 9.24 new text begin addition to other remedies, claims, and rights relating to the catastrophe that the state may new text end 9.25 new text begin have against other persons for the recovery of monetary or other relief. new text end 9.26     new text begin (c) A survivor must notify the state if the survivor has been fully compensated by new text end 9.27 new text begin third parties for damages caused by the catastrophe. A survivor is fully compensated if new text end 9.28 new text begin payments made or required to be made to the survivor by a third-party tortfeasor under the new text end 9.29 new text begin terms of a settlement agreement or other agreement with the survivor or a final judgment new text end 9.30 new text begin in favor of the survivor concerning claims that relate to, involve, or arise out of the new text end 9.31 new text begin catastrophe are equal to or greater than the total damages incurred by the survivor as new text end 9.32 new text begin determined by the panel under section 3.7393, subdivision 10. The state is entitled to be new text end 9.33 new text begin reimbursed by a survivor only to the extent that these payments are greater than the total new text end 9.34 new text begin damages incurred by the survivor. new text end 9.35     new text begin Subd. 6. new text end new text begin Amounts not considered for purposes of limit on government tort new text end 9.36 new text begin liability. new text end new text begin Payments made to survivors under section 3.7393 or from the emergency relief new text end 10.1 new text begin fund are not to be considered in calculating the $1,000,000 limit on tort claims in civil new text end 10.2 new text begin actions against the state arising out of the catastrophe for purposes of section 3.736, new text end 10.3 new text begin subdivision 4, clause (e), or a municipality arising out of the catastrophe for purposes of new text end 10.4 new text begin section 466.04, subdivision 1, clause (5). new text end 10.5    Sec. 6. new text begin APPROPRIATIONS. new text end 10.6     new text begin Subdivision 1. new text end new text begin Compensation to survivors. new text end new text begin $24,000,000 is appropriated from new text end 10.7 new text begin the general fund to the commissioner of finance to make payments under settlement new text end 10.8 new text begin agreements entered into by the panel under Minnesota Statutes, section 3.7393, new text end 10.9 new text begin subdivision 11. This appropriation is available until June 30, 2010. new text end 10.10     new text begin Subd. 2. new text end new text begin Supplemental payments. new text end new text begin $12,640,000 is appropriated from the general new text end 10.11 new text begin fund to the commissioner of finance to make supplemental payments under Minnesota new text end 10.12 new text begin Statutes, section 3.7393, subdivision 12. This appropriation is available until June 30, new text end 10.13 new text begin 2010. new text end 10.14     new text begin Subd. 3. new text end new text begin Administrative expenses. new text end new text begin $750,000 is appropriated from the general new text end 10.15 new text begin fund to the commissioner of finance to pay salaries, expenses, and administrative costs new text end 10.16 new text begin associated with making offers of settlement and entering into settlement agreements under new text end 10.17 new text begin Minnesota Statutes, section 3.7393. This appropriation is available until June 30, 2009. new text end 10.18     new text begin Subd. 4. new text end new text begin Waite House. new text end new text begin $610,000 is appropriated from the general fund to the new text end 10.19 new text begin commissioner of finance for a grant to Pillsbury United Communities in Minneapolis, to new text end 10.20 new text begin allow Waite House in Minneapolis to provide services to youth and families of youth who new text end 10.21 new text begin were on a school bus on the I-35W bridge when the bridge collapsed. Services paid for new text end 10.22 new text begin with this appropriation must not be services that could have been funded by settlement new text end 10.23 new text begin payments made to survivors. The commissioner must pay the first half of the grant by new text end 10.24 new text begin June 30, 2008, and pay the second half of the grant on June 30, 2009. Pillsbury United new text end 10.25 new text begin Communities must report to the chairs of the senate Finance and house Ways and Means new text end 10.26 new text begin Committees by June 30, 2009, and June 30, 2010, on expenditure of money under this new text end 10.27 new text begin subdivision. The appropriation is available until June 30, 2010. new text end 10.28     new text begin Subd. 5. new text end new text begin Report. new text end new text begin The commissioner of finance must report to the legislature by new text end 10.29 new text begin January 15 in each of 2009, 2010, and 2011, on expenditure of the appropriations in this new text end 10.30 new text begin section. The report must list the amount of compensation paid to each survivor and must new text end 10.31 new text begin list administrative expenses incurred by the special master panel. new text end 10.32    Sec. 7. new text begin EFFECTIVE DATE. new text end 10.33     new text begin This act is effective the day following final enactment. new text end " 10.34Delete the title and insert: 11.1"A bill for an act 11.2relating to transportation; providing an alternative compensation and settlement 11.3process for survivors of the I-35W catastrophe; appropriating money;amending 11.4Minnesota Statutes 2006, section 3.736, subdivision 4; proposing coding for new 11.5law in Minnesota Statutes, chapter 3." We request the adoption of this report and repassage of the bill.House Conferees: (Signed) Ryan Winkler, Phyllis Kahn, Loren Solberg, Steve Simon, Chris DeLaForestSenate Conferees: (Signed) Ron Latz, David W. Hann, Linda Scheid, Don Betzold, Mee Moua 12.1 We request the adoption of this report and repassage of the bill. 12.2 House Conferees:(Signed) 12.3 ..... ..... 12.4 Ryan Winkler Phyllis Kahn 12.5 ..... ..... 12.6 Loren Solberg Steve Simon 12.7 ..... 12.8 Chris DeLaForest 12.9 Senate Conferees:(Signed) 12.10 ..... ..... 12.11 Ron Latz David W. Hann 12.12 ..... ..... 12.13 Linda Scheid Don Betzold 12.14 ..... 12.15 Mee Moua