Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 419-S.F.No. 2355 
           An act relating to statutes of limitations; 
          establishing a three-year time limit to bring an 
          action for penalty or forfeiture for violation of 
          certain environmental statutes; amending Minnesota 
          Statutes 1989 Supplement, section 541.07; proposing 
          coding for new law in Minnesota Statutes, chapter 575. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1989 Supplement, section 
541.07, is amended to read: 
    541.07 [TWO OR THREE YEAR LIMITATIONS.] 
    Except where the uniform commercial code, this section, 
section 148A.06, or section 541.073 otherwise prescribes, the 
following actions shall be commenced within two years: 
    (1) For libel, slander, assault, battery, false 
imprisonment, or other tort, resulting in personal injury, and 
all actions against physicians, surgeons, dentists, other health 
care professionals as defined in section 145.61, and 
veterinarians as defined in chapter 156, hospitals, sanitariums, 
for malpractice, error, mistake or failure to cure, whether 
based on contract or tort; provided a counterclaim may be 
pleaded as a defense to any action for services brought by a 
physician, surgeon, dentist, or other health care professional 
or veterinarian, hospital or sanitarium, after the limitations 
herein described notwithstanding it is barred by the provisions 
of this chapter, if it was the property of the party pleading it 
at the time it became barred and was not barred at the time the 
claim sued on originated, but no judgment thereof except for 
costs can be rendered in favor of the party so pleading it; 
    (2) Upon a statute for a penalty or forfeiture, except as 
provided in section 541.074 and section 2; 
    (3) For damages caused by a dam, other than a dam used for 
commercial purposes; but as against one holding under the 
preemption or homestead laws, the limitations shall not begin to 
run until a patent has been issued for the land so damaged; 
    (4) Against a master for breach of an indenture of 
apprenticeship; the limitation runs from the expiration of the 
term of service; 
    (5) For the recovery of wages or overtime or damages, fees 
or penalties accruing under any federal or state law respecting 
the payment of wages or overtime or damages, fees or penalties 
except, that if the employer fails to submit payroll records by 
a specified date upon request of the department of labor and 
industry or if the nonpayment is willful and not the result of 
mistake or inadvertence, the limitation is three years.  (The 
term "wages" means all remuneration for services or employment, 
including commissions and bonuses and the cash value of all 
remuneration in any medium other than cash, where the 
relationship of master and servant exists and the term "damages" 
means single, double, or treble damages, accorded by any 
statutory cause of action whatsoever and whether or not the 
relationship of master and servant exists); 
    (6) For damages caused by the establishment of a street or 
highway grade or a change in the originally established grade; 
    (7) For sales or use taxes imposed by the laws of any other 
state; 
    (8) Against the person who applies the pesticide for injury 
or damage to property resulting from the application, but not 
the manufacture or sale, of a pesticide. 
    Sec. 2.  [541.075] [REMEDIES IN ENVIRONMENTAL ACTIONS.] 
    A proceeding to impose a penalty or forfeiture under 
chapter 115, 116, or 299K must be commenced within three years 
of the date the violation was discovered or reasonably should 
have been discovered. 
    Presented to the governor April 5, 1990 
    Signed by the governor April 6, 1990, 6:50 p.m.