SF 1309

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

  1.1                          A bill for an act 
  1.2             relating to civil actions; prohibiting certain 
  1.3             unlawful practices against seniors or disabled or 
  1.4             vulnerable persons; suspending the statute of 
  1.5             limitations on actions brought by vulnerable adults; 
  1.6             amending Minnesota Statutes 1994, section 541.15; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 513. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [513.60] [UNLAWFUL PRACTICES AGAINST SENIORS OR 
  1.11  DISABLED OR VULNERABLE PERSONS.] 
  1.12     Subdivision 1.  [PROHIBITION.] The act, use, or employment 
  1.13  by a person of any fraud, false pretense, false promise, 
  1.14  misrepresentation, misleading statement, or deceptive practice, 
  1.15  with the intent that a senior citizen or disabled or vulnerable 
  1.16  person rely on it, whether or not the senior citizen or disabled 
  1.17  or vulnerable person has in fact been misled, deceived, or 
  1.18  damaged, is prohibited. 
  1.19     Subd. 2.  [DEFINITIONS.] For the purposes of this section, 
  1.20  the following terms have the meanings given them:  
  1.21     (a) "Senior citizen" means a person who is 62 years of age 
  1.22  or older. 
  1.23     (b) "Disabled person" means a person who has an impairment 
  1.24  of physical or mental function or emotional status that 
  1.25  substantially limits one or more major life activities. 
  1.26     (c) "Major life activities" means functions such as caring 
  1.27  for one's self, performing manual tasks, walking, seeing, 
  2.1   hearing, speaking, breathing, learning, and working. 
  2.2      (d) "Vulnerable person" means a person more vulnerable than 
  2.3   other members of the public because of age, poor health or 
  2.4   infirmity, impaired understanding, restricted mobility, or 
  2.5   disability. 
  2.6      Subd. 3.  [VIOLATION PRESUMED.] In an action based on a 
  2.7   violation of this section, a violation is presumed if two of the 
  2.8   following factors are present: 
  2.9      (1) the defendant knew or should have known that the 
  2.10  defendant's conduct was directed to one or more senior citizens 
  2.11  or disabled or vulnerable persons; 
  2.12     (2) the defendant's conduct caused senior citizens or 
  2.13  disabled or vulnerable persons to suffer:  loss or encumbrance 
  2.14  of a primary residence, principal employment, or source of 
  2.15  income; substantial loss of property set aside for retirement or 
  2.16  for personal or family care and maintenance; substantial loss of 
  2.17  payments received under a pension or retirement plan or a 
  2.18  government benefits program; or assets essential to the health 
  2.19  or welfare of the senior citizen or disabled or vulnerable 
  2.20  person; 
  2.21     (3) whether one or more senior citizens or disabled or 
  2.22  vulnerable persons are more vulnerable to the defendant's 
  2.23  conduct than other members of the public because of age, poor 
  2.24  health or infirmity, impaired understanding, restricted 
  2.25  mobility, or disability, and actually suffered physical, 
  2.26  emotional, or economic damage resulting from the defendant's 
  2.27  conduct. 
  2.28     Subd. 4.  [CAUSE OF ACTION; DAMAGES AND FEES; INJUNCTION.] 
  2.29  A person who is damaged by the person violating this section has 
  2.30  a cause of action against the person who committed the offense.  
  2.31  The plaintiff is entitled to full restitution in recovering 
  2.32  special and general damages, including damages for physical, 
  2.33  emotional, mental, or economic injuries; punitive damages; costs 
  2.34  and disbursements which include investigation, witnesses, and 
  2.35  reasonable attorney's fees; and other equitable relief as 
  2.36  determined by the court.  A plaintiff may also obtain an 
  3.1   injunction or other appropriate relief. 
  3.2      Subd. 5.  [SUPPLEMENTAL CIVIL PENALTY OR AWARD.] A person 
  3.3   who is found to have violated this section is subject to an 
  3.4   additional civil penalty and remedies provided in section 8.31 
  3.5   or an additional civil award to the plaintiff and remedies in a 
  3.6   private action not to exceed $10,000 for each violation. 
  3.7      Subd. 6.  [RESTITUTION TO BE GIVEN PRIORITY.] Restitution 
  3.8   ordered pursuant to this subdivision shall be given priority 
  3.9   over imposition of supplemental civil penalties or awards in 
  3.10  subdivision 5. 
  3.11     Subd. 7.  [RELATION TO CRIMINAL PROCEEDING; BURDEN OF 
  3.12  PROOF.] A person may bring an action under this section 
  3.13  regardless of the existence or outcome of criminal proceedings 
  3.14  involving offenses that is the basis for the action.  The burden 
  3.15  of proof in an action under this section is the preponderance of 
  3.16  the evidence of factors in subdivision 3.  
  3.17     Subd. 8.  [OTHER RIGHTS PRESERVED.] The remedies under this 
  3.18  section do not affect any rights or remedies of the plaintiff 
  3.19  under other laws. 
  3.20     Sec. 2.  Minnesota Statutes 1994, section 541.15, is 
  3.21  amended to read: 
  3.22     541.15 [PERIODS OF DISABILITY NOT COUNTED.] 
  3.23     (a) Except as provided in paragraph (b), any of the 
  3.24  following grounds of disability, existing at the time when a 
  3.25  cause of action accrued or arising anytime during the period of 
  3.26  limitation, shall suspend the running of the period of 
  3.27  limitation until the same is removed; provided that such period, 
  3.28  except in the case of infancy, shall not be extended for more 
  3.29  than five years, nor in any case for more than one year after 
  3.30  the disability ceases: 
  3.31     (1) that the plaintiff is within the age of 18 years; 
  3.32     (2) the plaintiff's insanity; 
  3.33     (3) is an alien and the subject or citizen of a country at 
  3.34  war with the United States; 
  3.35     (4) when the beginning of the action is stayed by 
  3.36  injunction or by statutory prohibition; 
  4.1      (5) the plaintiff is a disabled person or a vulnerable 
  4.2   person as defined in section 513.60.  
  4.3      If two or more disabilities shall coexist, the suspension 
  4.4   shall continue until all are removed. 
  4.5      (b) In actions alleging malpractice, error, mistake, or 
  4.6   failure to cure, whether based on contract or tort, against a 
  4.7   health care provider, the ground of disability specified in 
  4.8   paragraph (a), clause (1), suspends the period of limitation 
  4.9   until the disability is removed.  The suspension may not be 
  4.10  extended for more than seven years, or for more than one year 
  4.11  after the disability ceases. 
  4.12     For purposes of this paragraph, health care provider means 
  4.13  a physician, surgeon, dentist, or other health care professional 
  4.14  or hospital, including all persons or entities providing health 
  4.15  care as defined in section 145.61, subdivisions 2 and 4, or a 
  4.16  certified health care professional employed by or providing 
  4.17  services as an independent contractor in a hospital. 
  4.18     Sec. 3.  [EFFECTIVE DATE.] 
  4.19     Section 2 is effective August 1, 1995, and applies to 
  4.20  causes of action pending on that date and causes of action 
  4.21  arising on or after that date.