SF 373

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:51am

A bill for an act
relating to civil actions; reducing the limitation period for bringing certain
actions; amending Minnesota Statutes 2010, sections 325D.64; 541.05,
subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 325D.64, is amended to read:

325D.64 STATUTE OF LIMITATIONS.

Subdivision 1.

Interpretation and effect.

An action under sections 325D.49 to
325D.66, shall be forever barred unless commenced within deleted text begin four deleted text end new text begin two new text end years of the date
upon which the cause of action arose. No cause of action barred under existing law on
June 8, 1971 shall be revived by sections 325D.49 to 325D.66. For the purpose of this
section, a cause of action for a continuing violation is deemed to arise at any time during
the period of the violation.

Subd. 2.

Government actions; suspension.

If any proceeding is commenced
under sections 325D.49 to 325D.66, by the attorney general on behalf of the state of
Minnesota, its departments or agencies, or its political subdivisions, the running of the
statute of limitations in respect of every right of action arising under sections 325D.49 to
325D.66, and based in whole or in part on any matter complained of in the aforementioned
proceeding shall be suspended during the pendency thereof and for one year thereafter. If
the running of the statute of limitations is suspended, the action shall be forever barred
unless commenced within the greater of either the period of suspension or deleted text begin four deleted text end new text begin two new text end years
after the date upon which the cause of action arose.

Sec. 2.

Minnesota Statutes 2010, section 541.05, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Six-year deleted text end new text begin Four-year new text end limitation.

Except where the Uniform
Commercial Code otherwise prescribes, the following actions shall be commenced within
deleted text begin six deleted text end new text begin four new text end years:

(1) upon a contract or other obligation, express or implied, as to which no other
limitation is expressly prescribed;

(2) upon a liability created by statute, other than those arising upon a penalty or
forfeiture or where a shorter period is provided by section 541.07;

(3) for a trespass upon real estate;

(4) for taking, detaining, or injuring personal property, including actions for the
specific recovery thereof;

(5) for criminal conversation, or for any other injury to the person or rights of
another, not arising on contract, and not hereinafter enumerated;

(6) for relief on the ground of fraud, in which case the cause of action shall not be
deemed to have accrued until the discovery by the aggrieved party of the facts constituting
the fraud;

(7) to enforce a trust or compel a trustee to account, where the trustee has neglected to
discharge the trust, or claims to have fully performed it, or has repudiated the trust relation;

(8) against sureties upon the official bond of any public officer, whether of the
state or of any county, town, school district, or a municipality therein; in which case the
limitation shall not begin to run until the term of such officer for which the bond was
given shall have expired;

(9) for damages caused by a dam, used for commercial purposes; or

(10) for assault, battery, false imprisonment, or other tort resulting in personal injury,
if the conduct that gives rise to the cause of action also constitutes domestic abuse as
defined in section 518B.01.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective August 1, 2011, and apply to causes of action
occurring or accruing on or after that date.
new text end