1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/26/2004|
|1st Engrossment||Posted on 05/12/2004|
1.1 A bill for an act 1.2 relating to civil actions; regulating limitation 1.3 periods of certain actions; enacting a uniform 1.4 conflict of laws-limitations act; proposing coding for 1.5 new law in Minnesota Statutes, chapter 541. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. [541.30] [DEFINITIONS.] 1.8 For the purposes of sections 541.30 to 541.35, the 1.9 following terms have the meanings given them: 1.10 (1) "claim" means a right of action that may be asserted in 1.11 a civil action or proceeding and includes a right of action 1.12 created by statute; and 1.13 (2) "state" means a state, commonwealth, territory, or 1.14 possession of the United States, the District of Columbia, the 1.15 Commonwealth of Puerto Rico, a foreign country, or a political 1.16 subdivision of any of them. 1.17 Sec. 2. [541.31] [CONFLICT OF LAWS; LIMITATION PERIODS.] 1.18 Subdivision 1. [GENERAL.] (a) Except as provided by 1.19 section 541.33 and subdivision 2, if a claim is substantively 1.20 based: 1.21 (1) upon the law of one other state, the limitation period 1.22 of that state applies; or 1.23 (2) upon the law of more than one state, the limitation 1.24 period of one of those states chosen by the law of conflict of 1.25 laws of this state applies. 2.1 (b) The limitation period of this state applies to all 2.2 other claims. 2.3 Subd. 2. [ACTION ARISING OUT OF STATE; RESIDENT 2.4 PLAINTIFF.] If a cause of action arises outside of this state 2.5 and the action is barred under the applicable statute of 2.6 limitations of the place where it arose, the action may be 2.7 maintained in this state if the plaintiff is a resident of this 2.8 state who has owned the cause of action since it accrued and the 2.9 cause of action is not barred under the applicable statute of 2.10 limitations of this state. 2.11 Sec. 3. [541.32] [RULES APPLICABLE TO COMPUTATION OF 2.12 LIMITATION PERIOD.] 2.13 If the statute of limitations of another state applies to 2.14 the assertion of a claim in this state, the other state's 2.15 relevant statutes and other rules of law governing tolling and 2.16 accrual apply in computing the limitation period, but its 2.17 statutes and other rules of law governing conflict of laws do 2.18 not apply. 2.19 Sec. 4. [541.33] [UNFAIRNESS.] 2.20 If the court determines that the limitation period of 2.21 another state applicable under sections 541.31 and 541.32 is 2.22 substantially different from the limitation period of this state 2.23 and has not afforded a fair opportunity to sue upon, or imposes 2.24 an unfair burden in defending against, the claim, the limitation 2.25 period of this state applies. 2.26 Sec. 5. [541.34] [EXISTING AND FUTURE CLAIMS.] 2.27 Sections 541.30 to 541.35 apply to claims arising from 2.28 incidents occurring on or after August 1, 2004. 2.29 Sec. 6. [541.35] [UNIFORMITY OF APPLICATION AND 2.30 CONSTRUCTION.] 2.31 Sections 541.30 to 541.34 shall be applied and construed to 2.32 effectuate its general purpose to make uniform the law with 2.33 respect to the subject of sections 541.30 to 541.34 among the 2.34 states enacting them. 2.35 Sec. 7. [541.36] [SHORT TITLE.] 2.36 Sections 541.30 to 541.35 may be cited as the Uniform 3.1 Conflict of Laws-Limitations Act.