SF 2198

2nd Engrossment - 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; reviving and 
  1.3             extending certain civil actions barred by the statute 
  1.4             of limitations. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [ACTIONS FOR DAMAGES INVOLVING THE USE OF 
  1.7   CERTAIN BLOOD PRODUCTS.] 
  1.8      Notwithstanding any other law to the contrary, an action 
  1.9   for damages involving the use of blood products containing the 
  1.10  human immunodeficiency virus that is brought by the person who 
  1.11  received the blood products, the spouse or children of the 
  1.12  person, or the person's estate, that would otherwise be barred 
  1.13  before June 1, 1997, as a result of expiration of the applicable 
  1.14  period of limitation, is revived or extended.  An action revived 
  1.15  or extended under this section must be commenced before June 1, 
  1.16  1997.  This section does not apply to an action based in 
  1.17  contract or tort for malpractice, error, mistake, or failure to 
  1.18  cure against a nonprofit blood bank; a hospital, including the 
  1.19  parent entity or any affiliate entity of a hospital; or a 
  1.20  physician, surgeon, dentist, or other health care professional, 
  1.21  as defined in Minnesota Statutes, section 145.61.  This section 
  1.22  does not revive an action against a nonprofit organization that 
  1.23  was staffed only by volunteers to the extent that the action was 
  1.24  based on the dissemination of information by the volunteers 
  1.25  about the use of blood products. 
  2.1      Sec. 2.  [CONFLICT OF LAWS.] 
  2.2      (a) As used in this section: 
  2.3      (1) "Claim" means a right of action related to the subject 
  2.4   matter of section 1. 
  2.5      (2) "State" means a state, commonwealth, territory, or 
  2.6   possession of the United States, the District of Columbia, the 
  2.7   Commonwealth of Puerto Rico, a foreign country, or a political 
  2.8   subdivision of any of them. 
  2.9      (b) The revival and extension of a claim pursuant to 
  2.10  section 1 does not apply to a claim that is substantively based 
  2.11  upon the law of another state chosen by the law of conflict of 
  2.12  laws of this state. 
  2.13     (c) If the statute of limitations of another state applies 
  2.14  to 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. 3.  [EFFECTIVE DATE; APPLICATION.] 
  2.20     Sections 1 and 2 are effective the day following final 
  2.21  enactment.  This act applies to actions pending on or commenced 
  2.22  on or after the effective date.  This act does not revive an 
  2.23  action in which a final judgment has been entered and to which 
  2.24  res judicata applies.