SENATE BILL REPORT

 

 

                                    SB 6401

 

 

BYSenators Pullen, Moore, Bluechel, Bauer, DeJarnatt and Hansen

 

 

Revising the period of limitations on actions to enforce agreements.

 

 

Senate Committee on Law & Justice

 

      Senate Hearing Date(s):January 28, 1988

 

      Senate Staff:Dick Armstrong (786-7460)

 

 

                            AS OF JANUARY 25, 1988

 

BACKGROUND:

 

The period of time to commence an action on contracts is limited by statute.  The statute of limitations for actions based on a written agreement is six years.  The statute of limitations for actions based on a contract which is not in writing is three years.

 

Persons engaged in many commercial businesses often times do not enter into a written contract with customers.  It is suggested that the statute of limitations should be extended to six years for all actions based on contracts, whether written or not.

 

SUMMARY:

 

The statute of limitations is extended to six years for contracts that are not in writing or based on a written instrument.

 

Appropriation:    none

 

Revenue:    none

 

Fiscal Note:      requested January 25, 1988