Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 211-H.F.No. 2444 
                  An act relating to civil actions; regulating 
                  limitation periods of certain actions; enacting a 
                  uniform conflict of laws-limitations act; proposing 
                  coding for new law in Minnesota Statutes, chapter 541. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [541.30] [DEFINITIONS.] 
           For the purposes of sections 541.30 to 541.35, the 
        following terms have the meanings given them: 
           (1) "claim" means a right of action that may be asserted in 
        a civil action or proceeding and includes a right of action 
        created by statute; and 
           (2) "state" means a state, commonwealth, territory, or 
        possession of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, a foreign country, or a political 
        subdivision of any of them. 
           Sec. 2.  [541.31] [CONFLICT OF LAWS; LIMITATION PERIODS.] 
           Subdivision 1.  [GENERAL.] (a) Except as provided by 
        section 541.33 and subdivision 2, if a claim is substantively 
        based: 
           (1) upon the law of one other state, the limitation period 
        of that state applies; or 
           (2) upon the law of more than one state, the limitation 
        period of one of those states chosen by the law of conflict of 
        laws of this state applies. 
           (b) The limitation period of this state applies to all 
        other claims. 
           Subd. 2.  [ACTION ARISING OUT OF STATE; RESIDENT 
        PLAINTIFF.] If a cause of action arises outside of this state 
        and the action is barred under the applicable statute of 
        limitations of the place where it arose, the action may be 
        maintained in this state if the plaintiff is a resident of this 
        state who has owned the cause of action since it accrued and the 
        cause of action is not barred under the applicable statute of 
        limitations of this state. 
           Sec. 3.  [541.32] [RULES APPLICABLE TO COMPUTATION OF 
        LIMITATION PERIOD.] 
           If the statute of limitations of another state applies to 
        the assertion of a claim in this state, the other state's 
        relevant statutes and other rules of law governing tolling and 
        accrual apply in computing the limitation period, but its 
        statutes and other rules of law governing conflict of laws do 
        not apply. 
           Sec. 4.  [541.33] [UNFAIRNESS.] 
           If the court determines that the limitation period of 
        another state applicable under sections 541.31 and 541.32 is 
        substantially different from the limitation period of this state 
        and has not afforded a fair opportunity to sue upon, or imposes 
        an unfair burden in defending against, the claim, the limitation 
        period of this state applies. 
           Sec. 5.  [541.34] [EXISTING AND FUTURE CLAIMS.] 
           Sections 541.30 to 541.35 apply to claims arising from 
        incidents occurring on or after August 1, 2004. 
           Sec. 6.  [541.35] [UNIFORMITY OF APPLICATION AND 
        CONSTRUCTION.] 
           Sections 541.30 to 541.34 shall be applied and construed to 
        effectuate its general purpose to make uniform the law with 
        respect to the subject of sections 541.30 to 541.34 among the 
        states enacting them. 
           Sec. 7.  [541.36] [SHORT TITLE.] 
           Sections 541.30 to 541.35 may be cited as the Uniform 
        Conflict of Laws-Limitations Act. 
           Presented to the governor May 14, 2004 
           Signed by the governor May 18, 2004, 3:05 p.m.