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Minnesota Session Laws - 1997, Regular Session

Key: (1) language to be deleted (2) new language

                             CHAPTER 17-S.F.No. 85 
                  An act relating to claims; providing for payment of 
                  certain claims against the state; increasing a limit 
                  on settlements; adding claims to the Revenue Recapture 
                  Act; appropriating money; amending Minnesota Statutes 
                  1996, sections 3.732, subdivision 2; and 270A.03, 
                  subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [DEPARTMENT OF CORRECTIONS.] 
           Subdivision 1.  [SENTENCING TO SERVICE AND COMMUNITY 
        SERVICE.] The amounts in this subdivision are appropriated from 
        the general fund to the commissioner of corrections for payment 
        under Minnesota Statutes, section 3.739, to service providers as 
        indicated in this section in full and final payment of claims 
        against the state for medical services provided to individuals 
        who were injured while performing community service or 
        sentencing to service work for correctional purposes.  These 
        appropriations are available until June 30, 1998. 
           (a) For claims under $500 each and other claims already 
        paid by the department.....$5,059.44. 
           (b) For medical services provided to Daniel Fena, who 
        suffered injuries while performing sentencing to service work in 
        St. Louis county.....$1,522.20. 
           (c) For medical services provided to Jamie Greene, who 
        suffered injuries while performing sentencing to service work in 
        Beltrami county.....$8,934.13. 
           (d) For medical services provided to Laurens Matton, who 
        suffered injuries while performing sentencing to service work in 
        Ramsey county.....$1,613.17. 
           (e) For medical services provided to Pierre Selvog, who 
        suffered injuries while performing sentencing to service work in 
        Chisago county.....$3,087.80. 
           Subd. 2.  [INMATE INJURIES.] The amounts in this 
        subdivision are appropriated from the general fund to the 
        commissioner of corrections for payment under Minnesota 
        Statutes, section 3.738, to persons as indicated in this section 
        in full and final payment of their claims against the state for 
        injuries while performing assigned duties as inmates in 
        correctional facilities.  These appropriations are available 
        until June 30, 1998. 
           (a) Ronald Alstrup, for permanent injuries to his right 
        hand while incarcerated at MCF-Stillwater.....$8,250. 
           (b) Marion Calhoun, for permanent injuries to his left hand 
        while incarcerated at MCF-Stillwater.....$5,531.25. 
           Subd. 3.  [BRAHAM PRISON SITE.] $24,000 is appropriated 
        from the general fund to the commissioner of corrections for 
        payment to Braham Area Community Development, Inc., in full and 
        final payment of all its claims against the state for costs of 
        preparing for location of a correctional facility in the Braham 
        area.  This appropriation is available until June 30, 1998. 
           Sec. 2.  [DEPARTMENT OF PUBLIC SAFETY.] 
           From its existing appropriations, the department of public 
        safety shall make full and final payments to the following 
        claimants. 
           (a) Highway Patrol Officer Curt Karges, to pay legal fees 
        related to actions in the line of duty.....$2,712.50. 
           (b) Jeffry Sutherland of Brooklyn Park, Minnesota, to pay 
        for towing costs related to incorrect information about the 
        status of his driver's license.....$68.25. 
           Sec. 3.  Minnesota Statutes 1996, section 3.732, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CLAIMS OF $2,500 $7,000 OR LESS.] The head of 
        each department or agency of the state, or a designee, acting on 
        behalf of the state, shall attempt to determine, adjust and 
        settle, at any time, any claim for money damages 
        of $2,500 $7,000 or less against the state for injury to or loss 
        of property or personal injury or death caused by an act or 
        omission of any employee of the state while acting within the 
        scope of office or employment, under circumstances where the 
        state, if a private person, would be liable to the claimant.  
        The settlement is final and conclusive on all officers of the 
        state, unless procured by fraud.  The acceptance by the claimant 
        of a settlement is final and conclusive on the claimant and 
        constitutes a complete release of any claim against the state 
        and the employee of the state whose act or omission gave rise to 
        the claim, by reason of the same subject matter. 
           Sec. 4.  Minnesota Statutes 1996, section 270A.03, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REFUND.] "Refund" means an individual income tax 
        refund or political contribution refund, pursuant to chapter 
        290, or a property tax credit or refund, pursuant to chapter 
        290A.  
           For purposes of this chapter, lottery prizes, as set forth 
        in section 349A.08, subdivision 8, and amounts granted to 
        persons by the legislature on the recommendation of the joint 
        senate-house of representatives subcommittee on claims shall be 
        treated as refunds. 
           In the case of a joint property tax refund payable to 
        spouses under chapter 290A, the refund shall be considered as 
        belonging to each spouse in the proportion of the total refund 
        that equals each spouse's proportion of the total income 
        determined under section 290A.03, subdivision 3.  In the case of 
        a joint income tax refund under chapter 289A, the refund shall 
        be considered as belonging to each spouse in the proportion of 
        the total refund that equals each spouse's proportion of the 
        total taxable income determined under section 290.01, 
        subdivision 29.  The commissioner shall remit the entire refund 
        to the claimant agency, which shall, upon the request of the 
        spouse who does not owe the debt, determine the amount of the 
        refund belonging to that spouse and refund the amount to that 
        spouse. 
           Sec. 5.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment. 
           Presented to the governor April 2, 1997 
           Signed by the governor April 3, 1997, 2:20 p.m.

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