HF 1911

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:44pm

A bill for an act
relating to writs; establishing standing requirements for writs of mandamus;
establishing procedures related to writs of quo warranto; proposing coding for
new law in Minnesota Statutes, chapter 586; proposing coding for new law as
Minnesota Statutes, chapter 586A.

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

Section 1.

new text begin [586.025] STANDING.
new text end

new text begin A petition for issuance of a writ may be filed by the attorney general, an elected
official, or any citizen residing in Minnesota. A showing of individualized harm is not
necessary for standing to petition for the issuance of a writ under this chapter if the
petitioner demonstrates that the writ relates to a matter of public concern.
new text end

Sec. 2.

new text begin [586A.01] ISSUANCE OF WRIT.
new text end

new text begin The writ of quo warranto may be issued to any inferior tribunal, corporation, board,
or person to correct the ongoing unauthorized assumption or exercise of power by a
public official, public body, or corporate officer. The writ may require the public official,
public body, or corporate officer to show before a court of competent jurisdiction by
what authority the official, body, or officer exercised the challenged right or privilege of
office. A writ may not be issued under this section to challenge an act or exercise of
power that has been completed.
new text end

Sec. 3.

new text begin [586A.02] ISSUANCE ON INFORMATION; AVAILABILITY OF
OTHER REMEDIES.
new text end

new text begin A writ authorized by this chapter shall issue on the information of the petitioner, but
shall not be issued in any case where there is a plain, speedy, and adequate remedy in the
ordinary course of law.
new text end

Sec. 4.

new text begin [586A.03] FILING; JURISDICTION.
new text end

new text begin (a) A petition for issuance of a writ authorized by this chapter shall be filed in the
first instance in the district court with jurisdiction over the public official, public body, or
corporate officer to whom the writ is proposed to be issued.
new text end

new text begin (b) Nothing in this section shall limit the authority of the Supreme Court to exercise
original jurisdiction to issue writs as necessary to the execution of the laws and the
furtherance of justice, as provided in section 480.04.
new text end

Sec. 5.

new text begin [586A.04] STANDING.
new text end

new text begin (a) A petition for issuance of a writ may be filed by the attorney general, an elected
official, or any citizen subject to the challenged assumption or exercise of power. A
showing of individualized harm is not necessary for standing to petition for the issuance
of a writ under this chapter if the petitioner demonstrates that the writ relates to a matter
of public concern.
new text end

new text begin (b) Notwithstanding any law to the contrary, an elected official or citizen authorized
to file a petition for a writ under this chapter shall not be required to seek the consent of
the attorney general prior to filing the petition.
new text end

Sec. 6.

new text begin [586A.05] PROCEEDINGS.
new text end

new text begin Except as otherwise provided in this chapter, proceedings related to a petition for a
writ, and the issuance of a writ, shall be consistent with the applicable procedural rules
adopted by the Supreme Court.
new text end

Sec. 7.

new text begin [586A.06] FINE FOR UNAUTHORIZED ASSUMPTION OR EXERCISE
OF POWER.
new text end

new text begin When a writ is issued and directed to a public official or public body under this
chapter and it appears to the court that such official or body, without just excuse, has
assumed or exercised power in a manner not authorized by law, the court may impose a
fine, not to exceed $250, which shall be paid into the state treasury.
new text end