Minnesota Legislature
HF 681
Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/16/2013 09:43pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 681
1.3relating to civil actions; changing the limitation period for civil actions involving
1.4sexual abuse;amending Minnesota Statutes 2012, section 541.073.
1.5May 16, 2013
1.6The Honorable Paul Thissen
1.7Speaker of the House of Representatives
1.8The Honorable Sandra L. Pappas
1.9President of the Senate
1.10We, the undersigned conferees for H. F. No. 681 report that we have agreed upon the
1.11items in dispute and recommend as follows:
1.12That the Senate recede from its amendments and that H. F. No. 681 be further
1.13amended as follows:
1.14Delete everything after the enacting clause and insert:
1.15 "Section 1. Minnesota Statutes 2012, section 541.073, is amended to read:
1.16541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL
1.17PROVISIONS.
1.18 Subdivision 1. Definition. As used in this section,:
1.19(1) "sexual abuse" means conduct described in sections609.342 to
609.345
1.20
1.21(2) "person" includes a natural person, corporation, limited liability company,
1.22partnership, organization, association, or other entity.
1.23 Subd. 2. Limitations period. (a) An action for damages based onpersonal injury
1.24caused by sexual abuse: (1) must be commenced within six years of the time the plaintiff
1.25knew or had reason to know that the injury was caused by the sexual abuse alleged sexual
1.26abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be
1.27commenced at any time in the case of alleged sexual abuse of an individual under the age
1.28of 18, except as provided for in subdivision 4; and (3) must be commenced before the
2.1plaintiff is 24 years of age in a claim against a natural person alleged to have sexually
2.2abused a minor when that natural person was under 14 years of age.
2.3(b) The plaintiff need not establish which act in a continuous series of sexual abuse
2.4acts by the defendant caused the injury.
2.5(c) The knowledge of a parent or guardian may not be imputed to a minor.
2.6(d) (c) This section does not affect the suspension of the statute of limitations during
2.7a period of disability under section541.15 .
2.8 Subd. 3. Applicability. This section applies to an action for damages commenced
2.9against a person whocaused was a cause of the plaintiff's personal injury damages either
2.10by (1) committing sexual abuse against the plaintiff, or (2)negligently permitting sexual
2.11abuse against the plaintiff to occur negligence.
2.12 Subd. 4. Vicarious liability or respondeat superior claims. A claim for vicarious
2.13liability or liability under the doctrine of respondeat superior must be commenced within
2.14six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at
2.15the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years
2.16of age. This subdivision does not limit the availability of these claims under other law.
2.17 Subd. 5. Title. This section may be cited as the "Child Victims Act."
2.18EFFECTIVE DATE; APPLICABILITY.(a) This section is effective the day
2.19following final enactment. Except as provided in paragraph (b), this section applies to
2.20actions that were not time-barred before the effective date.
2.21(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse
2.22of an individual under the age of 18, if the action would otherwise be time-barred under a
2.23previous version of Minnesota Statutes, section 541.073, or other time limit, an action for
2.24damages against a person, as defined in Minnesota Statutes, section 541.073, subdivision
2.251, clause (2), may be commenced no later than three years following the effective date of
2.26this section. This paragraph does not apply to a claim for vicarious liability or respondeat
2.27superior, but does apply to other claims, including negligence. This paragraph applies to
2.28actions pending on or commenced on or after the effective date."
2.29Delete the title and insert:
2.31relating to civil actions; changing the limitation period for civil actions involving
2.32sexual abuse;amending Minnesota Statutes 2012, section 541.073."
1.3relating to civil actions; changing the limitation period for civil actions involving
1.4sexual abuse;amending Minnesota Statutes 2012, section 541.073.
1.5May 16, 2013
1.6The Honorable Paul Thissen
1.7Speaker of the House of Representatives
1.8The Honorable Sandra L. Pappas
1.9President of the Senate
1.10We, the undersigned conferees for H. F. No. 681 report that we have agreed upon the
1.11items in dispute and recommend as follows:
1.12That the Senate recede from its amendments and that H. F. No. 681 be further
1.13amended as follows:
1.14Delete everything after the enacting clause and insert:
1.15 "Section 1. Minnesota Statutes 2012, section 541.073, is amended to read:
1.16541.073 ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL
1.17PROVISIONS.
1.18 Subdivision 1. Definition. As used in this section
1.19(1) "sexual abuse" means conduct described in sections
1.20
1.21(2) "person" includes a natural person, corporation, limited liability company,
1.22partnership, organization, association, or other entity.
1.23 Subd. 2. Limitations period. (a) An action for damages based on
1.24
1.25
1.26abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be
1.27commenced at any time in the case of alleged sexual abuse of an individual under the age
1.28of 18, except as provided for in subdivision 4; and (3) must be commenced before the
2.1plaintiff is 24 years of age in a claim against a natural person alleged to have sexually
2.2abused a minor when that natural person was under 14 years of age.
2.3(b) The plaintiff need not establish which act in a continuous series of sexual abuse
2.4acts by the defendant caused the injury.
2.5
2.6
2.7a period of disability under section
2.8 Subd. 3. Applicability. This section applies to an action for damages commenced
2.9against a person who
2.10by (1) committing sexual abuse against the plaintiff, or (2)
2.11
2.12 Subd. 4. Vicarious liability or respondeat superior claims. A claim for vicarious
2.13liability or liability under the doctrine of respondeat superior must be commenced within
2.14six years of the alleged sexual abuse, provided that if the plaintiff was under the age of 18 at
2.15the time of the alleged abuse, the claim must be commenced before the plaintiff is 24 years
2.16of age. This subdivision does not limit the availability of these claims under other law.
2.17 Subd. 5. Title. This section may be cited as the "Child Victims Act."
2.18EFFECTIVE DATE; APPLICABILITY.(a) This section is effective the day
2.19following final enactment. Except as provided in paragraph (b), this section applies to
2.20actions that were not time-barred before the effective date.
2.21(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse
2.22of an individual under the age of 18, if the action would otherwise be time-barred under a
2.23previous version of Minnesota Statutes, section 541.073, or other time limit, an action for
2.24damages against a person, as defined in Minnesota Statutes, section 541.073, subdivision
2.251, clause (2), may be commenced no later than three years following the effective date of
2.26this section. This paragraph does not apply to a claim for vicarious liability or respondeat
2.27superior, but does apply to other claims, including negligence. This paragraph applies to
2.28actions pending on or commenced on or after the effective date."
2.29Delete the title and insert:
2.31relating to civil actions; changing the limitation period for civil actions involving
2.32sexual abuse;amending Minnesota Statutes 2012, section 541.073."