HF 3661

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; graffiti; allowing certain 
  1.3             individuals and associations to recover damages for 
  1.4             graffiti; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 617. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [617.90] [GRAFFITI DAMAGE ACTION.] 
  1.8      Subdivision 1.  [DEFINITION.] For purposes of this section 
  1.9   "graffiti" means unauthorized markings of paint, chalk, dye, or 
  1.10  other similar substance that have been placed on real or 
  1.11  personal property such as buildings, fences, or other 
  1.12  structures, or the unauthorized etching or scratching of the 
  1.13  surfaces of such real or personal property, any of which 
  1.14  markings, scratchings, or etchings are visible from premises 
  1.15  open to the public. 
  1.16     Subd. 2.  [CAUSE OF ACTION.] An action for damage to 
  1.17  property caused by graffiti may be brought by the owner of 
  1.18  private property on which graffiti has been placed, or by a 
  1.19  neighborhood organization or business association or 
  1.20  organization in an area where private property on which graffiti 
  1.21  has been placed is located.  Damages may be recovered for three 
  1.22  times the cost of restoring the property, or the court may order 
  1.23  an indigent defendant to perform the work of restoring the 
  1.24  property.  Damages may be recovered from an individual who 
  1.25  placed graffiti on private real or personal property or from the 
  2.1   parent of a minor individual, as provided in section 540.18.  
  2.2   The court shall award attorney fees and costs to a prevailing 
  2.3   plaintiff. 
  2.4      Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.5      Section 1 is effective August 1, 2002, and applies to 
  2.6   causes of action arising on or after that date.