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HF 2814

as introduced - 87th Legislature (2011 - 2012) Posted on 03/12/2012 01:58pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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1.14

A bill for an act
 relating to the judiciary; regulating the issuance of writs of mandamus; amending
Minnesota Statutes 2010, section 586.01.

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

Section 1.

Minnesota Statutes 2010, section 586.01, is amended to read:


586.01 ISSUANCE OF WRIT, JUDICIAL DISCRETION NOT
CONTROLLED.

The writ of mandamus may be issued to any inferior tribunal, corporation, board,
or person to compel the performance of an act which the law specially enjoins as a duty
resulting from an office, trust, or station. It may require an inferior tribunal to exercise
its judgment or proceed to the discharge of any of its functions, but it cannot control
judicial discretion.new text begin The writ of mandamus may not be issued to the Department of Natural
Resources or its commissioner or the Pollution Control Agency or its commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end