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1999 Minnesota Session Laws

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                            CHAPTER 169-S.F.No. 2052 
                  An act relating to claims against the state; providing 
                  for payment of various claims; clarifying certain 
                  language concerning claims; authorizing determination 
                  of a lake control elevation; appropriating money; 
                  amending Minnesota Statutes 1998, sections 3.738, 
                  subdivision 2; and 3.739, subdivision 2a. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [BUREAU OF CRIMINAL APPREHENSION.] 
           $5,000 is appropriated from the general fund to the 
        director of the bureau of criminal apprehension for payment to 
        Ronald E. Wortman in full and final payment of his claim against 
        the state for wages lost because of an erroneous or misleading 
        background check.  This appropriation is available until June 
        30, 2000. 
           Sec. 2.  [DEPARTMENT OF CORRECTIONS.] 
           Subdivision 1.  [COMMUNITY SERVICE AND SENTENCING TO 
        SERVICE WORK.] 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 subdivision 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, 
        2000. 
           (a) For claims under $500 each and other claims already 
        paid by the department.....$6,679.25. 
           (b) For medical services provided to Michael Dean Ahrendt, 
        who suffered injuries while performing sentencing to service 
        work in Todd county.....$5,616.64. 
           (c) For medical services provided to Hermelinda Cuevas, who 
        suffered injuries while performing sentencing to service work in 
        Polk county.....$2,315.08. 
           (d) For medical services provided to Jennifer Henry, who 
        suffered injuries while performing sentencing to service work in 
        Hennepin county.....$693.87. 
           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 the listed claimants in full and 
        final payment of claims against the state for injuries suffered 
        while performing assigned duties in state correctional 
        facilities.  These appropriations are available until June 30, 
        2000. 
           (a) For reimbursement of the department for expenses of 
        inmate injury evaluations already paid.....$5,877. 
           (b) To Ronald Mark Alstrup, for injuries to his left hand 
        suffered at Minnesota correctional facility-Red Wing.....$8,925. 
           (c) To John C. Bellcourt, for injuries to his groin 
        suffered at Minnesota correctional 
        facility-Faribault.....$15,000. 
           (d) To Dale Robert Steinbuch, for injuries to his left 
        forearm suffered at Minnesota correctional facility-Oak Park 
        Heights.....$10,950. 
           (e) To Richard A. Thompson, for injuries to his back 
        suffered at Minnesota correctional facility-Moose 
        Lake.....$8,250. 
           (f) For medical services provided to Richard A. Thompson, 
        described in paragraph (e).....$602.39. 
           Subd. 3.  [INMATE PROPERTY LOSS.] $7,917.75 is appropriated 
        from the general fund to the commissioner of corrections for 
        payment to Shawn Cribbs, an inmate at Minnesota correctional 
        facility-Lino Lakes, in full and final payment of his claim 
        against the state for money lost while it was being held for him 
        in an inmate account.  This appropriation is available until 
        June 30, 2000. 
           Subd. 4.  [MCF-MOOSE LAKE CONVERSION.] (a) $34,000 is 
        appropriated from the general fund to the commissioner of 
        corrections for full and final payment of claims against the 
        state for losses incurred by the claimants named in paragraphs 
        (b) and (c) in the conversion of the state hospital at Moose 
        Lake into a corrections facility.  The appropriation is 
        available until June 30, 2000. 
           (b) $18,000 of the amount in paragraph (a) is for full and 
        final payment of the claim of Michael and Mary Jo Kosloski of 
        Moose Lake, Minnesota. 
           (c) $16,000 of the amount in paragraph (a) is for full and 
        final payment of the claim of Alan and Sandra Schmeling of Moose 
        Lake, Minnesota. 
           Sec. 3.  [DEPARTMENT OF HEALTH.] 
           $9,743.29 is appropriated from the general fund to the 
        commissioner of health for payment to Richard and Janice Miller 
        of LeRoy, Minnesota, in full and final payment of their claim 
        against the state for expenses of unnecessary well drilling 
        ordered by the department of health.  This appropriation is 
        available until June 30, 2000. 
           Sec. 4.  [DEPARTMENT OF HUMAN SERVICES.] 
           The amounts in this section are appropriated from the 
        general fund to the commissioner of human services for payment 
        under Minnesota Statutes, section 256J.68, 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 work in the community.  These 
        appropriations are available until June 30, 2000. 
           (a) For claims under $1,000 that have already been paid by 
        the department.....$580.02. 
           (b) For medical services provided to a claimant, who was 
        injured while working in Crookston, Minnesota.....$3,002.75. 
           (c) For medical services provided to a claimant, who was 
        injured while working in Eagan, Minnesota.....$1,759.69. 
           Sec. 5.  [MINNESOTA SUPREME COURT.] 
           Subdivision 1.  [LEGISLATIVE FINDING.] In the 1998 trial in 
        the case of State v. Philip Morris Inc., No. C1-94-8565 
        (Minnesota District Court, Second Judicial District), however, 
        three of the jurors suffered extreme financial hardship because 
        of the unique nature of the trial. 
           The claims of the three jurors in this trial were presented 
        to the legislature by the Chief Judge of the Second Judicial 
        District with his endorsement and that of the State Court 
        Administrator. 
           By all accounts, these three jurors remained focused on the 
        evidence presented and the issues in the case despite financial 
        crises at home that included foreclosure, bankruptcy, 
        cancellation of credit, and other severe problems. 
           The legislature finds that in this unique situation the 
        individuals listed in subdivision 2 should be reimbursed for the 
        severe financial losses they suffered because of their jury 
        service. 
           Subd. 2.  [APPROPRIATION.] The amounts in this subdivision 
        are appropriated from the general fund to the Minnesota supreme 
        court for payment to the persons named in this subdivision in 
        full and final payment of their claims against the state for 
        financial losses they suffered as jurors in the trial described 
        in subdivision 1.  These appropriations are available until June 
        30, 2000. 
           (a) James R. Livingston.....$7,879.94. 
           (b) David S. Olson..... $17,000. 
           (c) Daniel J. Showalter.....$4,496.42. 
           Sec. 6.  Minnesota Statutes 1998, section 3.738, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EVALUATION OF CLAIMS.] Claims that are approved 
        under this section shall be paid pursuant to legislative 
        appropriation following evaluation of each claim by the 
        appropriate committees of the senate and house of 
        representatives.  Compensation will not be paid for pain and 
        suffering. 
           Sec. 7.  Minnesota Statutes 1998, section 3.739, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [LIMITATIONS.] Compensation paid under this 
        section is limited to reimbursement for medical expenses and 
        compensation for permanent total or disability, permanent 
        partial disability, or death.  Reimbursement for medical 
        expenses under this section is limited to the amount which would 
        be payable for the same expenses under the medical assistance 
        program authorized under chapter 256B.  No compensation shall be 
        paid under this section for pain and suffering.  Payments made 
        under this section shall be reduced by any proceeds received by 
        the claimant or the medical care provider from any insurance 
        policy covering the loss.  For the purposes of this section, 
        "insurance policy" does not include the medical assistance 
        program authorized under chapter 256B or the general assistance 
        medical care program authorized under chapter 256D. 
           Sec. 8.  [WILLIS LAKE IN WASECA COUNTY.] 
           Notwithstanding Minnesota Rules, part 6115.0221, item A, 
        subitem (2), unit (b), the division of waters of the department 
        of natural resources may determine a different control elevation 
        for Willis lake in Waseca county.  
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 1 to 8 are effective the day following final 
        enactment. 
           Presented to the governor May 13, 1999 
           Signed by the governor May 17, 1999, 4:35 p.m.

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