HF 2787

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the interpretation of statutes; providing that certain private actions
are in the public interest and benefit the public; amending Minnesota Statutes
2006, section 645.17.

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

Section 1.

Minnesota Statutes 2006, section 645.17, is amended to read:

645.17 PRESUMPTIONS IN ASCERTAINING LEGISLATIVE INTENT.

new text begin (a) new text end In ascertaining the intention of the legislature the courts may be guided by the
following presumptions:

(1) the legislature does not intend a result that is absurd, impossible of execution, or
unreasonable;

(2) the legislature intends the entire statute to be effective and certain;

(3) the legislature does not intend to violate the Constitution of the United States
or of this state;

(4) when a court of last resort has construed the language of a law, the legislature in
subsequent laws on the same subject matter intends the same construction to be placed
upon such language; and

(5) the legislature intends to favor the public interest as against any private interest.

new text begin (b) A private action on behalf of one or more persons alleging any violation of a
law of this state respecting unfair, discriminatory, or other unlawful practices in business,
commerce, or trade is in the public interest and benefits the public. Nothing in this section
shall be construed to create a cause of action not available under chapter 72A.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end