SF 94

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to claims against the state; clarifying provisions governing the I-35W
bridge collapse survivor compensation process; specifying indemnification
rights; limiting access to certain records of the special master panel and
specifying testimonial privileges; clarifying prohibition on third-party
subrogation or recovery claims; amending Minnesota Statutes 2008, sections
3.7393, subdivisions 3, 6, by adding a subdivision; 3.7394, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 3.7393, subdivision 3, is amended to read:

Subd. 3.

Records.

new text begin (a) new text end Records of the panel related to a claim filed by a survivor,
an offer of settlement, or an acceptance or rejection of an offer are not accessible to the
public except for:

(1) the name of the survivor; and

(2) the terms of any written settlement agreement between the survivor and the state.

new text begin (b) Records created by a member of the panel related to the member's service as a
member of the panel are not discoverable in any civil or administrative proceeding except
a record relating to any statement or conduct that may constitute a crime.
new text end

Sec. 2.

Minnesota Statutes 2008, section 3.7393, subdivision 6, is amended to read:

Subd. 6.

Immunity new text begin ; indemnification new text end .

new text begin (a) new text end Members of the panel and employees
and consultants acting under the direction of the panel are absolutely immune from civil
liability for any act or omission occurring within the scope of the performance of their
duties under this section.

new text begin (b) Members of the panel, employees, and consultants acting under the direction of
the panel are employees of the state for purposes of section 3.736, subdivision 9.
new text end

Sec. 3.

Minnesota Statutes 2008, section 3.7393, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Testimonial privilege. new text end

new text begin A member of the panel must not testify in any
civil or administrative proceeding regarding any matter involving or arising out of the
member's service as a member of the panel, except as to a statement or conduct that
may constitute a crime.
new text end

Sec. 4.

Minnesota Statutes 2008, section 3.7394, subdivision 4, is amended to read:

Subd. 4.

No third-party subrogation or recovery.

(a) Notwithstanding any
statutory or common law or agreement to the contrary, a person who deleted text begin has paid deleted text end new text begin pays new text end benefits
or compensation to or on behalf of a survivor does not have a subrogation or other right new text begin ,
including, but not limited to, any rights otherwise provided under sections 65B.53 and
176.061, new text end to recover those benefits or compensation by making a claim new text begin against the state,
a municipality or their employees, or by making a claim new text end , or recovering from payments
made, under section 3.7393 or from the emergency relief fund.

(b) Following a settlement agreement under section 3.7393, a person who believes
that the state cannot constitutionally prohibit assertion of a subrogation new text begin or other new text end claim
new text begin described in paragraph (a) new text end and who deleted text begin is claiming deleted text end new text begin claims such new text end a subrogation new text begin or other new text end interest
against new text begin the state, a municipality or their employees, or against new text end the amount to be paid by the
state new text begin under section 3.7393 or any payment made from the emergency relief fund new text end has 40
days after the settlement agreement was entered into to provide notice to the state and the
survivor of the person's intent to assert that interest, during which time the commissioner
of finance must not make the payment new text begin under section 3.7393 new text end . The subrogation new text begin or other
new text end claim is waived if the notice is not provided by the deadline. If no notice is received by
the deadline, the commissioner of finance shall make the payment. If a notice of claim
is received, the commissioner shall withhold the payment until the deleted text begin subrogee deleted text end new text begin person
new text end abandons or waives the subrogation new text begin or other new text end claim.

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective retroactively from May 8, 2008.
new text end