2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to claims against the state; providing for 1.3 payment of various claims; clarifying certain language 1.4 concerning claims; authorizing determination of a lake 1.5 control elevation; appropriating money; amending 1.6 Minnesota Statutes 1998, sections 3.738, subdivision 1.7 2; and 3.739, subdivision 2a. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. [BUREAU OF CRIMINAL APPREHENSION.] 1.10 $5,000 is appropriated from the general fund to the 1.11 director of the bureau of criminal apprehension for payment to 1.12 Ronald E. Wortman in full and final payment of his claim against 1.13 the state for wages lost because of an erroneous or misleading 1.14 background check. This appropriation is available until June 1.15 30, 2000. 1.16 Sec. 2. [DEPARTMENT OF CORRECTIONS.] 1.17 Subdivision 1. [COMMUNITY SERVICE AND SENTENCING TO 1.18 SERVICE WORK.] The amounts in this subdivision are appropriated 1.19 from the general fund to the commissioner of corrections for 1.20 payment under Minnesota Statutes, section 3.739, to service 1.21 providers as indicated in this subdivision in full and final 1.22 payment of claims against the state for medical services 1.23 provided to individuals who were injured while performing 1.24 community service or sentencing to service work for correctional 1.25 purposes. These appropriations are available until June 30, 1.26 2000. 2.1 (a) For claims under $500 each and other claims already 2.2 paid by the department.....$6,679.25. 2.3 (b) For medical services provided to Michael Dean Ahrendt, 2.4 who suffered injuries while performing sentencing to service 2.5 work in Todd county.....$5,616.64. 2.6 (c) For medical services provided to Hermelinda Cuevas, who 2.7 suffered injuries while performing sentencing to service work in 2.8 Polk county.....$2,315.08. 2.9 (d) For medical services provided to Jennifer Henry, who 2.10 suffered injuries while performing sentencing to service work in 2.11 Hennepin county.....$693.87. 2.12 Subd. 2. [INMATE INJURIES.] The amounts in this 2.13 subdivision are appropriated from the general fund to the 2.14 commissioner of corrections for payment under Minnesota 2.15 Statutes, section 3.738, to the listed claimants in full and 2.16 final payment of claims against the state for injuries suffered 2.17 while performing assigned duties in state correctional 2.18 facilities. These appropriations are available until June 30, 2.19 2000. 2.20 (a) For reimbursement of the department for expenses of 2.21 inmate injury evaluations already paid.....$5,877. 2.22 (b) To Ronald Mark Alstrup, for injuries to his left hand 2.23 suffered at Minnesota correctional facility-Red Wing.....$8,925. 2.24 (c) To John C. Bellcourt, for injuries to his groin 2.25 suffered at Minnesota correctional 2.26 facility-Faribault.....$15,000. 2.27 (d) To Dale Robert Steinbuch, for injuries to his left 2.28 forearm suffered at Minnesota correctional facility-Oak Park 2.29 Heights.....$10,950. 2.30 (e) To Richard A. Thompson, for injuries to his back 2.31 suffered at Minnesota correctional facility-Moose 2.32 Lake.....$8,250. 2.33 (f) For medical services provided to Richard A. Thompson, 2.34 described in paragraph (e).....$602.39. 2.35 Subd. 3. [INMATE PROPERTY LOSS.] $7,917.75 is appropriated 2.36 from the general fund to the commissioner of corrections for 3.1 payment to Shawn Cribbs, an inmate at Minnesota correctional 3.2 facility-Lino Lakes, in full and final payment of his claim 3.3 against the state for money lost while it was being held for him 3.4 in an inmate account. This appropriation is available until 3.5 June 30, 2000. 3.6 Subd. 4. [MCF-MOOSE LAKE CONVERSION.] (a) $34,000 is 3.7 appropriated from the general fund to the commissioner of 3.8 corrections for full and final payment of claims against the 3.9 state for losses incurred by the claimants named in paragraphs 3.10 (b) and (c) in the conversion of the state hospital at Moose 3.11 Lake into a corrections facility. The appropriation is 3.12 available until June 30, 2000. 3.13 (b) $18,000 of the amount in paragraph (a) is for full and 3.14 final payment of the claim of Michael and Mary Jo Kosloski of 3.15 Moose Lake, Minnesota. 3.16 (c) $16,000 of the amount in paragraph (a) is for full and 3.17 final payment of the claim of Alan and Sandra Schmeling of Moose 3.18 Lake, Minnesota. 3.19 Sec. 3. [DEPARTMENT OF HEALTH.] 3.20 $9,743.29 is appropriated from the general fund to the 3.21 commissioner of health for payment to Richard and Janice Miller 3.22 of LeRoy, Minnesota, in full and final payment of their claim 3.23 against the state for expenses of unnecessary well drilling 3.24 ordered by the department of health. This appropriation is 3.25 available until June 30, 2000. 3.26 Sec. 4. [DEPARTMENT OF HUMAN SERVICES.] 3.27 The amounts in this section are appropriated from the 3.28 general fund to the commissioner of human services for payment 3.29 under Minnesota Statutes, section 256J.68, to service providers 3.30 as indicated in this section in full and final payment of claims 3.31 against the state for medical services provided to individuals 3.32 who were injured while performing work in the community. These 3.33 appropriations are available until June 30, 2000. 3.34 (a) For claims under $1,000 that have already been paid by 3.35 the department.....$580.02. 3.36 (b) For medical services provided to a claimant, who was 4.1 injured while working in Crookston, Minnesota.....$3,002.75. 4.2 (c) For medical services provided to a claimant, who was 4.3 injured while working in Eagan, Minnesota.....$1,759.69. 4.4 Sec. 5. [MINNESOTA SUPREME COURT.] 4.5 Subdivision 1. [LEGISLATIVE FINDING.] In the 1998 trial in 4.6 the case of State v. Philip Morris Inc., No. C1-94-8565 4.7 (Minnesota District Court, Second Judicial District), however, 4.8 three of the jurors suffered extreme financial hardship because 4.9 of the unique nature of the trial. 4.10 The claims of the three jurors in this trial were presented 4.11 to the legislature by the Chief Judge of the Second Judicial 4.12 District with his endorsement and that of the State Court 4.13 Administrator. 4.14 By all accounts, these three jurors remained focused on the 4.15 evidence presented and the issues in the case despite financial 4.16 crises at home that included foreclosure, bankruptcy, 4.17 cancellation of credit, and other severe problems. 4.18 The legislature finds that in this unique situation the 4.19 individuals listed in subdivision 2 should be reimbursed for the 4.20 severe financial losses they suffered because of their jury 4.21 service. 4.22 Subd. 2. [APPROPRIATION.] The amounts in this subdivision 4.23 are appropriated from the general fund to the Minnesota supreme 4.24 court for payment to the persons named in this subdivision in 4.25 full and final payment of their claims against the state for 4.26 financial losses they suffered as jurors in the trial described 4.27 in subdivision 1. These appropriations are available until June 4.28 30, 2000. 4.29 (a) James R. Livingston.....$7,879.94. 4.30 (b) David S. Olson..... $17,000. 4.31 (c) Daniel J. Showalter.....$4,496.42. 4.32 Sec. 6. Minnesota Statutes 1998, section 3.738, 4.33 subdivision 2, is amended to read: 4.34 Subd. 2. [EVALUATION OF CLAIMS.] Claims that are approved 4.35 under this section shall be paid pursuant to legislative 4.36 appropriation following evaluation of each claim by the 5.1 appropriate committees of the senate and house of 5.2 representatives. Compensation will not be paid for pain and 5.3 suffering. 5.4 Sec. 7. Minnesota Statutes 1998, section 3.739, 5.5 subdivision 2a, is amended to read: 5.6 Subd. 2a. [LIMITATIONS.] Compensation paid under this 5.7 section is limited to reimbursement for medical expenses and 5.8 compensation for permanent total
ordisability, permanent 5.9 partial disability, or death. Reimbursement for medical 5.10 expenses under this section is limited to the amount which would 5.11 be payable for the same expenses under the medical assistance 5.12 program authorized under chapter 256B. No compensation shall be 5.13 paid under this section for pain and suffering. Payments made 5.14 under this section shall be reduced by any proceeds received by 5.15 the claimant or the medical care provider from any insurance 5.16 policy covering the loss. For the purposes of this section, 5.17 "insurance policy" does not include the medical assistance 5.18 program authorized under chapter 256B or the general assistance 5.19 medical care program authorized under chapter 256D. 5.20 Sec. 8. [WILLIS LAKE IN WASECA COUNTY.] 5.21 Notwithstanding Minnesota Rules, part 6115.0221, item A, 5.22 subitem (2), unit (b), the division of waters of the department 5.23 of natural resources may determine a different control elevation 5.24 for Willis lake in Waseca county. 5.25 Sec. 9. [EFFECTIVE DATE.] 5.26 Sections 1 to 8 are effective the day following final 5.27 enactment.