HF 638

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to statutes of limitations; waiving 
  1.3             limitations on actions for compensation initiated by 
  1.4             December 31, 2010, by persons forced to perform labor 
  1.5             between 1929 and 1945 by the governments of Germany or 
  1.6             Japan, their allies or sympathizers, or entities 
  1.7             transacting business in Germany or Japan, or areas 
  1.8             controlled by their governments; proposing coding for 
  1.9             new law in Minnesota Statutes, chapter 541. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [541.077] [COMPENSATION FOR FORCED LABOR.] 
  1.12     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.13  section, the terms defined in paragraphs (b) and (c) have the 
  1.14  meanings given them. 
  1.15     (b) "Compensation" means the present value of wages and 
  1.16  benefits that should have been paid for labor performed and of 
  1.17  damages for injuries sustained in connection with the 
  1.18  performance of that labor.  Present value must be calculated on 
  1.19  the basis of the market value of the labor at the time it was 
  1.20  performed, plus interest on that amount from the time the labor 
  1.21  was performed, compounded annually to the date of full payment, 
  1.22  without diminution for wartime or postwar currency devaluation. 
  1.23     (c) "Victim of forced labor" means a person who was: 
  1.24     (1) a member of the civilian population of Germany or 
  1.25  Japan; 
  1.26     (2) a member of a civilian population controlled or 
  1.27  conquered by Germany or Japan or an ally or sympathizer of 
  2.1   either; or 
  2.2      (3) a prisoner of war of the armed forces of Germany or 
  2.3   Japan, or of an ally or sympathizer of either who was forced to 
  2.4   perform labor without pay for any period of time between 1929 
  2.5   and 1945 by the government or armed forces of Germany or Japan, 
  2.6   an ally or sympathizer of either, or an enterprise transacting 
  2.7   business in any area under the control of or occupied by the 
  2.8   government or armed forces of Germany or Japan or an ally or 
  2.9   sympathizer of either. 
  2.10     Subd. 2.  [ACTION FOR COMPENSATION.] Notwithstanding any 
  2.11  other limitation imposed by this chapter, a victim of forced 
  2.12  labor who is a resident of Minnesota may bring an action in 
  2.13  district court for compensation from any entity for which the 
  2.14  labor was performed, or from a successor in interest of that 
  2.15  entity, either directly or through a subsidiary or affiliate of 
  2.16  the entity.  An action under this section must be commenced by 
  2.17  December 31, 2010.