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State Representative Ryan Winkler

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Posted: 2008-02-28 00:00:00
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Press/News Releases

HOUSE PASSES BILL TO ESTABLISH I35W SURVIVOR COMPENSATION FUND


ST. PAUL – Acting with urgency in the opening weeks of the 2008 Legislative Session, the Minnesota House of Representatives passed a bill (HF2553) today to establish a Survivor Compensation Fund for victims of the I35W Bridge collapse. Modeled after the 9/11 Fund, this bill is designed to help victims pay outstanding medical and other expenses incurred from the bridge collapse. The Fund would make it possible for survivors to begin rebuilding their lives following the catastrophe that killed 13 Minnesotans, and injured close to 100 others.

"What happened to these people is unthinkable," said Rep. Ryan Winkler (DFL – Golden Valley & St. Louis Park) who authored the legislation. "Even though we can never change what happened on August 1st, we have a responsibility as a state to do all we can to provide these survivors the resources they need to move forward. By passing this bill today, we are fulfilling that responsibility and helping our state heal from this unprecedented tragedy."

HF2553 dedicates $40 million to be distributed to survivors of the I35W Bridge collapse at the discretion of a special master appointed by the Executive Council (consisting of the Governor, Lieutenant Governor, Secretary of State, State Auditor, and Attorney General). With some survivors facing medical bills amounting to over $1 million, statutory tort caps greatly limited the ability of standard state claims procedures from adequately compensating survivors of this disaster. If survivors were to sue the state under current law, the most they could receive as a group is $1 million – an amount they would be forced to split among each other.

"There is no question that State of Minnesota was responsible for maintaining safety on that bridge," stated Rep. Winkler. "The state failed, and must be accountable. But the scope of this unprecedented catastrophe requires that the state's approach to adequately compensating survivors of the I35W Bridge collapse must be as unique as the disaster itself. This bill would do just that."

Like the 9/11 Fund, survivors who choose to opt into Minnesota's Survivor Compensation Fund would forfeit their right to sue the state.

"By passing this now, the state can deliver compensation to survivors quickly, rather than forcing them to struggle through a lengthy and expensive litigation process," stated Winkler. This plan will help these people rebuild their lives."
In addition to specifically addressing the issue of the I35W Bridge Collapse, HF2553 also creates a permanent catastrophe survivor fund framework in Minnesota statute to be utilized at the discretion of the Legislature in the instance of similar future disasters.

"Nothing could have prepared Minnesotans for what happened last summer – and we are working hard as a state to make sure nothing like this ever happens again," Winkler said. "But in addition to working to prevent future catastrophes, we must also prepare for the unexpected. Having a permanent framework in place for state leaders to call upon provides Minnesota an immediately available tool to respond quickly and thoroughly in a time of disaster."

The Minnesota State Senate is expected to take final action on Survivor Compensation Fund legislation in the coming weeks. Members of both bodies will then meet in conference committee to draft final language before the conference report is re-passed in the House and Senate, and sent to the Governor for final approval.

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