SF 762

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to statutes of limitations; enacting the 
  1.3             uniform conflict of laws-limitations act; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 541. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [541.23] [UNIFORM CONFLICT OF LAWS-LIMITATIONS 
  1.7   ACT.] 
  1.8      Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.9      (a) "Claim" means a right of action that may be asserted in 
  1.10  a civil action or proceeding and includes a right of action 
  1.11  created by statute. 
  1.12     (b) "State" means a state, commonwealth, territory, or 
  1.13  possession of the United States, the District of Columbia, the 
  1.14  Commonwealth of Puerto Rico, a foreign country, or a political 
  1.15  subdivision of any of them. 
  1.16     Subd. 2.  [CONFLICT OF LAWS; LIMITATION PERIODS.] (a) 
  1.17  Except as provided by subdivision 4, if a claim is substantively 
  1.18  based: 
  1.19     (1) upon the law of one other state, the limitation period 
  1.20  of that state applies; or 
  1.21     (2) upon the law of more than one state, the limitation 
  1.22  period of one of those states chosen by the law of conflict of 
  1.23  laws of this state, applies.  
  1.24     (b) The limitation period of this state applies to all 
  1.25  other claims.  
  2.1      Subd. 3.  [RULES APPLICABLE TO COMPUTATION OF LIMITATION 
  2.2   PERIOD.] If the statute of limitations of another state applies 
  2.3   to the assertion of a claim in this state, the other state's 
  2.4   relevant statutes and other rules of law governing tolling and 
  2.5   accrual apply in computing the limitation period, but its 
  2.6   statutes and other rules of law governing conflict of laws do 
  2.7   not apply.  
  2.8      Subd. 4.  [UNFAIRNESS.] If the court determines that the 
  2.9   limitation period of another state applicable under subdivisions 
  2.10  2 and 3 is substantially different from the limitation period of 
  2.11  this state and has not afforded a fair opportunity to sue upon, 
  2.12  or imposes an unfair burden in defending against, the claim, the 
  2.13  limitation period of this state applies. 
  2.14     Subd. 5.  [EXISTING AND FUTURE CLAIMS.] This section 
  2.15  applies to claims: 
  2.16     (1) accruing after the effective date of this section; or 
  2.17     (2) asserted in a civil action or proceeding more than one 
  2.18  year after the effective date of this section, but it does not 
  2.19  revive a claim barred before the effective date of this section. 
  2.20     Subd. 6.  [SHORT TITLE.] This section may be cited as the 
  2.21  uniform conflict of laws-limitations act.