1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to claims; providing for payment of certain 1.3 claims against the state; increasing a limit on 1.4 settlements; adding claims to the Revenue Recapture 1.5 Act; appropriating money; amending Minnesota Statutes 1.6 1996, sections 3.732, subdivision 2; and 270A.03, 1.7 subdivision 7. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. [DEPARTMENT OF CORRECTIONS.] 1.10 Subdivision 1. [SENTENCING TO SERVICE AND COMMUNITY 1.11 SERVICE.] The amounts in this subdivision are appropriated from 1.12 the general fund to the commissioner of corrections for payment 1.13 under Minnesota Statutes, section 3.739, to service providers as 1.14 indicated in this section in full and final payment of claims 1.15 against the state for medical services provided to individuals 1.16 who were injured while performing community service or 1.17 sentencing to service work for correctional purposes. These 1.18 appropriations are available until June 30, 1998. 1.19 (a) For claims under $500 each and other claims already 1.20 paid by the department.....$5,059.44. 1.21 (b) For medical services provided to Daniel Fena, who 1.22 suffered injuries while performing sentencing to service work in 1.23 St. Louis county.....$1,522.20. 1.24 (c) For medical services provided to Jamie Greene, who 1.25 suffered injuries while performing sentencing to service work in 1.26 Beltrami county.....$8,934.13. 2.1 (d) For medical services provided to Laurens Matton, who 2.2 suffered injuries while performing sentencing to service work in 2.3 Ramsey county.....$1,613.17. 2.4 (e) For medical services provided to Pierre Selvog, who 2.5 suffered injuries while performing sentencing to service work in 2.6 Chisago county.....$3,087.80. 2.7 Subd. 2. [INMATE INJURIES.] The amounts in this 2.8 subdivision are appropriated from the general fund to the 2.9 commissioner of corrections for payment under Minnesota 2.10 Statutes, section 3.738, to persons as indicated in this section 2.11 in full and final payment of their claims against the state for 2.12 injuries while performing assigned duties as inmates in 2.13 correctional facilities. These appropriations are available 2.14 until June 30, 1998. 2.15 (a) Ronald Alstrup, for permanent injuries to his right 2.16 hand while incarcerated at MCF-Stillwater.....$8,250. 2.17 (b) Marion Calhoun, for permanent injuries to his left hand 2.18 while incarcerated at MCF-Stillwater.....$5,531.25. 2.19 Subd. 3. [BRAHAM PRISON SITE.] $24,000 is appropriated 2.20 from the general fund to the commissioner of corrections for 2.21 payment to Braham Area Community Development, Inc., in full and 2.22 final payment of all its claims against the state for costs of 2.23 preparing for location of a correctional facility in the Braham 2.24 area. This appropriation is available until June 30, 1998. 2.25 Sec. 2. [DEPARTMENT OF PUBLIC SAFETY.] 2.26 From its existing appropriations, the department of public 2.27 safety shall make full and final payments to the following 2.28 claimants. 2.29 (a) Highway Patrol Officer Curt Karges, to pay legal fees 2.30 related to actions in the line of duty.....$2,712.50. 2.31 (b) Jeffry Sutherland of Brooklyn Park, Minnesota, to pay 2.32 for towing costs related to incorrect information about the 2.33 status of his driver's license.....$68.25. 2.34 Sec. 3. Minnesota Statutes 1996, section 3.732, 2.35 subdivision 2, is amended to read: 2.36 Subd. 2. [CLAIMS OF
$2,500$7,000 OR LESS.] The head of 3.1 each department or agency of the state, or a designee, acting on 3.2 behalf of the state, shall attempt to determine, adjust and 3.3 settle, at any time, any claim for money damages 3.4 of $2,500$7,000 or less against the state for injury to or loss 3.5 of property or personal injury or death caused by an act or 3.6 omission of any employee of the state while acting within the 3.7 scope of office or employment, under circumstances where the 3.8 state, if a private person, would be liable to the claimant. 3.9 The settlement is final and conclusive on all officers of the 3.10 state, unless procured by fraud. The acceptance by the claimant 3.11 of a settlement is final and conclusive on the claimant and 3.12 constitutes a complete release of any claim against the state 3.13 and the employee of the state whose act or omission gave rise to 3.14 the claim, by reason of the same subject matter. 3.15 Sec. 4. Minnesota Statutes 1996, section 270A.03, 3.16 subdivision 7, is amended to read: 3.17 Subd. 7. [REFUND.] "Refund" means an individual income tax 3.18 refund or political contribution refund, pursuant to chapter 3.19 290, or a property tax credit or refund, pursuant to chapter 3.20 290A. 3.21 For purposes of this chapter, lottery prizes, as set forth 3.22 in section 349A.08, subdivision 8, and amounts granted to 3.23 persons by the legislature on the recommendation of the joint 3.24 senate-house of representatives subcommittee on claims shall be 3.25 treated as refunds. 3.26 In the case of a joint property tax refund payable to 3.27 spouses under chapter 290A, the refund shall be considered as 3.28 belonging to each spouse in the proportion of the total refund 3.29 that equals each spouse's proportion of the total income 3.30 determined under section 290A.03, subdivision 3. In the case of 3.31 a joint income tax refund under chapter 289A, the refund shall 3.32 be considered as belonging to each spouse in the proportion of 3.33 the total refund that equals each spouse's proportion of the 3.34 total taxable income determined under section 290.01, 3.35 subdivision 29. The commissioner shall remit the entire refund 3.36 to the claimant agency, which shall, upon the request of the 4.1 spouse who does not owe the debt, determine the amount of the 4.2 refund belonging to that spouse and refund the amount to that 4.3 spouse. 4.4 Sec. 5. [EFFECTIVE DATE.] 4.5 This act is effective the day following final enactment.