Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 193--H.F.No. 859
           An act relating to the military; redefining categories 
          of service; restricting state liability for workers' 
          compensation claims, tort claims, and special 
          compensation payments; clarifying applicability of 
          state's uniform code of military justice; reenacting 
          the authority of the adjutant general to repair 
          regimental battle flags; amending Minnesota Statutes 
          1982, sections 3.732, subdivision 1; 176.011, 
          subdivision 9; 190.05, subdivision 5, and by adding 
          subdivisions; 192.38; 192A.015; and 192A.02, 
          subdivision 1; proposing new law coded in Minnesota 
          Statutes, chapter 190. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 3.732, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section and 
section 3.736 the terms defined in this section have the 
meanings given them. 
    (1) "State" includes each of the departments, boards, 
agencies, commissions and officers in the executive branch of 
the state of Minnesota and includes but is not limited to the 
Minnesota Housing Finance Agency, the Minnesota Higher Education 
Coordinating Board, the Minnesota Higher Education Facilities 
Authority, the Armory Building Commission, the State Zoological 
Board, the University of Minnesota, state universities, 
community colleges, state hospitals, and state penal 
institutions.  It does not include a city, town, county, school 
district, or other local governmental body corporate and politic.
    (2) "Employee of the state" means all present or former 
officers, members, directors or employees of the state, members 
of the Minnesota national guard, or persons acting on behalf of 
the state in an official capacity, temporarily or permanently, 
with or without compensation, but does not include either an 
independent contractor or members of the Minnesota national 
guard while engaged in training or duty under United States 
Code, title 10, or United States Code, title 32, section 316, 
502, 503, 504, or 505, as amended through December 31, 1983. 
    (3) "Scope of his office or employment" means that the 
employee was acting on behalf of the state in the performance of 
duties or tasks lawfully assigned to him by competent authority. 
     Sec. 2.  Minnesota Statutes 1982, section 176.011, 
subdivision 9, is amended to read: 
    Subd. 9.  [EMPLOYEE.] "Employee" means any person who 
performs services for another for hire; and includes including 
the following: 
    (1) an alien; 
    (2) a minor; 
    (3) a sheriff, deputy sheriff, constable, marshal, 
policeman, firefighter, a county highway engineer, and a peace 
officer while engaged in the enforcement of peace or in and 
about the pursuit or capture of any person charged with or 
suspected of crime and any person requested or commanded to aid 
an officer in arresting any person, or in retaking any person 
who has escaped from lawful custody, or in executing any legal 
process in which case, for purposes of calculating compensation 
payable under this chapter, the daily wage of the person 
requested or commanded to assist an officer or to execute a 
legal process shall be the prevailing wage for similar services 
where the services are performed by paid employees; 
     (4) a county assessor; 
     (5) an elected or appointed official of the state, or of 
any county, city, town, school district or governmental 
subdivision therein but in it.  An officer of a political 
subdivision elected or appointed for a regular term of office, 
or to complete the unexpired portion of any such a regular term, 
shall be included only after the governing body of the political 
subdivision has adopted an ordinance or resolution to that 
effect; 
    (6) an executive officer of a corporation, except an 
officer of a family farm corporation as defined in section 
500.24, subdivision 1, clause (c), nor shall it include or an 
executive officer of a closely held corporation who is referred 
to in section 176.012; 
     (7) a voluntary uncompensated worker, other than an inmate, 
rendering services in state institutions under the commissioner 
of public welfare and state institutions under the commissioner 
of corrections similar to those of officers and employees of 
these institutions, and whose services have been accepted or 
contracted for by the commissioner of public welfare or the 
commissioner of corrections as authorized by law, shall be 
employees within the meaning of this subdivision.  In the event 
of injury or death of the voluntary uncompensated worker, the 
daily wage of the worker, for the purpose of calculating 
compensation payable under this chapter, shall be the usual 
going wage paid at the time of the injury or death for similar 
services in institutions where the services are performed by 
paid employees; 
    (8) a voluntary uncompensated worker engaged in peace time 
in the civil defense program when ordered to training or other 
duty by the state or any political subdivision thereof of it, 
shall be an employee.  The daily wage of the worker for the 
purpose of calculating compensation payable under this chapter, 
shall be the usual going wage paid at the time of the injury or 
death for similar services where the services are performed by 
paid employees; 
    (9) a voluntary uncompensated worker participating in a 
program established by a county welfare board shall be an 
employee within the meaning of this subdivision.  In the event 
of injury or death of the voluntary uncompensated worker, the 
wage of the worker, for the purpose of calculating compensation 
payable under this chapter, shall be the usual going wage paid 
in the county at the time of the injury or death for similar 
services where the services are performed by paid employees 
working a normal day and week; 
     (10) a voluntary uncompensated worker accepted by the 
commissioner of natural resources who is rendering services as a 
volunteer pursuant to section 84.089 shall be an employee.  The 
daily wage of the worker for the purpose of calculating 
compensation payable under this chapter, shall be the usual 
going wage paid at the time of injury or death for similar 
services where the services are performed by paid employees; 
     (11) a member of the military forces, as defined in section 
190.05, while in "state active service" or "on duty", as defined 
in section 190.05, when the service or duty is ordered by state 
authority 4.  The daily wage of the member for the purpose of 
calculating compensation payable under this chapter shall be 
based on the member's usual earnings in civil life.  If there is 
no evidence of previous occupation or earning, the trier of fact 
shall consider the member's earnings as a member of the military 
forces; 
     (12) a voluntary uncompensated worker, accepted by the 
director of the Minnesota historical society, rendering services 
as a volunteer, pursuant to chapter 138, shall be an employee.  
The daily wage of the worker, for the purposes of calculating 
compensation payable under this chapter, shall be the usual 
going wage paid at the time of injury or death for similar 
services where the services are performed by paid employees; 
     (13) a voluntary uncompensated worker, other than a 
student, who renders services at the Minnesota school for the 
deaf or the Minnesota braille and sight-saving school, and whose 
services have been accepted or contracted for by the state board 
of education, as authorized by law, shall be an employee within 
the meaning of this subdivision.  In the event of injury or 
death of the voluntary uncompensated worker, the daily wage of 
the worker, for the purpose of calculating compensation payable 
under this chapter, shall be the usual going wage paid at the 
time of the injury or death for similar services in institutions 
where the services are performed by paid employees; 
     (14) a voluntary uncompensated worker, other than a 
resident of the veterans home, who renders services at a 
Minnesota veterans home, and whose services have been accepted 
or contracted for by the commissioner of veterans affairs, as 
authorized by law, is an employee within the meaning of this 
subdivision.  In the event of injury or death of the voluntary 
uncompensated worker, the daily wage of the worker, for the 
purpose of calculating compensation payable under this chapter, 
shall be the usual going wage paid at the time of the injury or 
death for similar services in institutions where the services 
are performed by paid employees;  
     (15) a worker who renders in-home attendant care services 
to a physically handicapped person, and who is paid directly by 
the commissioner of public welfare for these services, shall be 
an employee of the state within the meaning of this subdivision, 
but for no other purpose. 
     In the event it is difficult to determine the daily wage as 
provided in this subdivision, then the trier of fact may 
determine the wage upon which the compensation is payable. 
     Sec. 3.  Minnesota Statutes 1982, section 190.05, 
subdivision 5, is amended to read:  
    Subd. 5.  [ACTIVE SERVICE.] "Active service" shall be 
understood and construed to be service on behalf of the state, 
in case of public disaster, war, riot, tumult, breach of the 
peace, resistance of process, or whenever the same is 
threatened, whenever called upon in aid of civil authorities, at 
encampments whether ordered by state or federal authority, or 
upon any other duty requiring the entire time of the 
organization or person, including travel to and from any duty. 
"On duty" shall include periods of drill and such other training 
and service as may be required under state or federal law, 
regulations or orders and travel to and from duty means either 
state active service or federal active service. 
    Sec. 4.  Minnesota Statutes 1982, section 190.05, is 
amended by adding a subdivision to read:  
    Subd. 5a.  [STATE ACTIVE SERVICE.] "State active service" 
excludes federal active service and includes service or duty:  
    (1) on behalf of the state in case of actual or threatened 
public disaster, war, riot, tumult, breach of the peace, 
resistance of process, or whenever called upon in aid of state 
civil authority;  
    (2) at encampments ordered by state authority;  
    (3) otherwise ordered or requested by state authority and 
requiring the time of the organization or person; or 
    (4) travel to or from service or duty under clause (1), 
(2), or (3).  
    Sec. 5.  Minnesota Statutes 1982, section 190.05, is 
amended by adding a subdivision to read:  
    Subd. 5b.  [FEDERAL ACTIVE SERVICE.] "Federal active 
service" means service or duty under United States Code, title 
10 or 32, as amended through December 31, 1983, other service or 
duty as may be required by the law, regulation, or order of the 
United States government, and travel to or from that service or 
duty.  
    Sec. 6.  [190.096] [BATTLE FLAGS; REPAIR.] 
    Subdivision 1.  [AUTHORITY TO REPAIR.] Notwithstanding the 
provisions of Minnesota Statutes 1961, chapters 16 and 43, the 
adjutant general may contract for the repair, restoration, and 
preservation of regimental battle flags, standards, and guidons 
with persons or corporations skilled in such repair, 
restoration, and preservation, upon terms or conditions he deems 
proper, subject to the approval of the commissioner of 
administration.  
    Subd. 2.  Notwithstanding the provisions of section 190.09, 
the adjutant general may, for the purposes of this section, 
surrender the immediate custody and control of regimental battle 
flags, standards, and guidons under conditions and safeguards he 
deems necessary and proper, for such time as is reasonably 
necessary for their restoration, after which they shall at once 
be again properly stored or displayed.  The adjutant general 
shall provide adequate storage and display space for flags, 
standards, and guidons which have been repaired and restored.  
    Sec. 7.  Minnesota Statutes 1982, section 192.38, is 
amended to read: 
    192.38 [ILLNESS, INJURY, OR DEATH OF MEMBER OF MILITARY 
FORCES; COMPENSATION.] 
    Subdivision 1.  [TEMPORARY EMERGENCY RELIEF.] If any 
officer or enlisted man of the military forces is wounded or 
otherwise disabled, dies from disease contracted or injuries 
received, or is killed while in "state active service" or "on 
duty" as defined in Minnesota Statutes 1961, Section 190.05, and 
acts amendatory thereof, when such service or duty is ordered by 
state authority section 4, he, or in the case of his death his 
dependent widow spouse, child, or parent, may be provided with 
such immediate temporary relief as may be necessary in cases of 
severe hardship, in an amount to be determined by the adjutant 
general and approved by the governor.  All such payments under 
this subdivision shall be made from appropriations for the 
maintenance of the state military forces.  The adjutant general 
shall notify the workers' compensation commission of any 
payments made pursuant to this subdivision and the amount 
thereof of it shall be subtracted from any award made by the 
commission. 
    Subd. 2.  [ASSISTANCE TO CLAIMANTS.] To the extent 
information is available to him, the adjutant general shall 
provide information to a person seeking a benefit from the state 
or federal government or instituting a claim before a 
legislative commission on claims or federal claims commission 
arising from loss, damage, or destruction of property or for 
injury or death incurred or sustained by a member of the 
military forces.  The adjutant general shall notify the workers' 
compensation commission of any payments made pursuant to federal 
law, other than the federal social security act or the federal 
government life insurance program for members of the armed 
forces, for the same personal injury as the claimant is seeking 
workers' compensation for, and the amount thereof shall be 
subtracted from any award made by the commission.  
    Sec. 8.  Minnesota Statutes 1982, section 192A.015, is 
amended to read: 
    192A.015 [DEFINITIONS.] 
    In this chapter, unless the context otherwise requires: 
    (1) "Accuser" means a person who signs and swears to 
charges, any person who directs that charges nominally be signed 
and sworn to by another, and any person who has an interest 
other than an official interest in the prosecution of the 
accused; 
    (2) "Active state duty" means full time duty in the active 
military service of the state under an order of the governor 
issued under authority vested in him by law, including travel to 
and from such duty and "Active Service" as defined in Minnesota 
Statutes, Section 190.05, including travel to and from such duty 
the same as state active service defined in section 4;  
    (3) "Code" means this chapter; 
    (4) "Commanding officer" means a commissioned officer who 
is in command of any unit; 
    (5) "Commissioned officer" includes a commissioned warrant 
officer; 
    (6) "Convening authority" includes, in addition to the 
person who convened the court, a commissioned officer commanding 
for the time being, or a successor in command; 
    (7) "Duty status other than active state duty" means any 
one of the types of duty described in Minnesota Statutes, 
section 190.05, as "on duty" and includes travel to and from 
such duty;  
    (8) "Enlisted member" means a person in an enlisted grade; 
    (9) (8) "Grade" means a step or degree, in a graduated 
scale of office or military rank, that is established and 
designated as a grade by law or regulation; 
    (10) (9) "In federal service" and "not in federal service" 
mean the same as those terms are used and construed in federal 
laws and regulations; 
    (11) (10) "May" is used in a permissive sense.  The words 
"no person may" mean that no person is required, authorized, or 
permitted to do the act prescribed; 
    (12) (11) "Military" refers to any or all of the armed 
forces of the United States or any state; 
    (13) (12) "Military court" means a court-martial, a court 
of inquiry; 
    (14) (13) "Officer" means commissioned or warrant officer; 
    (15) (14) "Rank" means the order of precedence among 
members of the state military forces; 
    (16) (15) "Shall" is used in a mandatory sense; 
    (17) (16) "State judge advocate" means the commissioned 
officer responsible for supervising the administration of the 
military justice in the state military forces and appointed 
pursuant to Minnesota Statutes, section 192A.04; 
    (18) (17) "State military forces" means the national guard 
of the state, as defined in section 101 (3) of title 32, United 
States Code, and any other military force organized under the 
laws of the state; 
    (19) (18) "Superior commissioned officer" means a 
commissioned officer superior in rank and command. 
    Sec. 9.  Minnesota Statutes 1982, section 192A.02, 
subdivision 1, is amended to read:  
    Subdivision 1.  [APPLICABILITY.] This code applies to all 
members of the state military forces who are not in federal 
service when they are on active state duty or duty status other 
than active state duty in active service as defined by section 3.
    Approved May 19, 1983