HF 289

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to statutes of limitations; waiving
limitations on actions for compensation initiated by
December 31, 2011, by persons forced to perform labor
between 1929 and 1945 by the governments of Germany or
Japan, their allies or sympathizers, or entities
transacting business in Germany or Japan, or areas
controlled by their governments; proposing coding for
new law in Minnesota Statutes, chapter 541.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [541.077] COMPENSATION FOR FORCED LABOR.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this
section, the terms defined in paragraphs (b) and (c) have the
meanings given them.
new text end

new text begin (b) "Compensation" means the present value of wages and
benefits that should have been paid for labor performed and of
damages for injuries sustained in connection with the
performance of that labor. Present value must be calculated on
the basis of the market value of the labor at the time it was
performed, plus interest on that amount from the time the labor
was performed, compounded annually to the date of full payment,
without dimunition for wartime or postwar currency devaluation.
new text end

new text begin (c) "Victim of forced labor" means a person who was:
new text end

new text begin (1) a member of the civilian population of Germany or
Japan;
new text end

new text begin (2) a member of a civilian population controlled or
conquered by Germany or Japan or an ally or sympathizer of
either; or
new text end

new text begin (3) a prisoner of war of the armed forces of Germany or
Japan, or of an ally or sympathizer of either, who was forced to
perform labor without pay for any period of time between 1929
and 1945 by the government or armed forces of Germany or Japan,
an ally or sympathizer of either, or an enterprise transacting
business in any area under the control of or occupied by the
government or armed forces of Germany or Japan or an ally or
sympathizer of either.
new text end

new text begin Subd. 2. new text end

new text begin Action for compensation. new text end

new text begin Notwithstanding any
other limitation imposed by this chapter, a victim of forced
labor who is a resident of Minnesota may bring an action in
district court for compensation from any entity for which the
labor was performed, or from a successor in interest of that
entity, either directly or through a subsidiary or affiliate of
the entity. An action under this section must be commenced by
December 31, 2011.
new text end