language to be deleted (2) new language
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:
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.
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.
(a) Notwithstanding any statutory or common law or agreement to the contrary, a person who has paid benefits or compensation to or on behalf of a survivor does not have a subrogation or other right to recover those benefits or compensation by making a claim, 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 claim and who is claiming a subrogation interest against the amount to be paid by the state 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. The subrogation 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 subrogee abandons or waives the subrogation claim.
Presented to the governor February 24, 2009
Signed by the governor February 24, 2009, 3:39 p.m.