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Compensation fund modifications

Published (1/23/2009)
By Mike Cook
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What was deemed a technical cleanup bill brought back openness issues.

Sponsored by Rep. Ryan Winkler (DFL-Golden Valley), HF100 would make a handful of modifications to the compensation process for victims of the Interstate 35W bridge collapse.

It was approved Jan. 21 by the House Civil Justice Committee on a divided voice vote and sent to the House floor.

A 2008 law appropriated funds and established a claims structure for survivors of the Aug. 1, 2007, collapse that killed 13 people and injured 85 others. A special master panel is to make offers to each claimant by the end of next month. In return for accepting compensation, survivors will release the state from further liability. If they choose not to accept compensation, they can pursue a lawsuit against the state that would be subject to all existing statutory terms and conditions.

To alleviate some concerns raised by the panel, the bill:

• provides that records and data created by panel members are not subject to the Minnesota Official Records Act or the Minnesota Government Data Practices Act, except for the settlement agreement and documentation of the panel’s administrative costs;

• prohibits a panel member from testifying in any civil or administrative action related to their service, unless a statement or conduct could constitute a crime;

• clarifies the prohibition on third-party subrogation and recovery; and

• clarifies that panel members are state employees for the purposes of indemnification.

“They don’t want to be exposed to legal liability for performing the task we assigned to them,” Winkler said.

Rep. Mary Liz Holberg (R-Lakeville), who voted no last year, again objected. She said more information should be available to taxpayers to provide justification for the settlement amounts.

“We’re just supposed to blindly accept that it was a fair process and everybody got their due,” she said. “There’s way too much hidden information.”

Winkler said hearings would be held later this session on how the process worked.

A companion bill, SF94, sponsored by Sen. Ron Latz (DFL-St. Louis Park), awaits action by the Senate Judiciary Committee.

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