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SF 2035

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15

A bill for an act
 relating to open meeting law; providing for a mandatory increased award to
plaintiffs for costs, disbursements, and attorney fees for violation of the open
meeting law; amending Minnesota Statutes 2006, section 13D.06, subdivision 4.

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

Section 1.

Minnesota Statutes 2006, section 13D.06, subdivision 4, is amended to read:


Subd. 4.

Other remedies; requirements; limits.

(a) In addition to other remedies,
the court deleted text begin maydeleted text end new text begin shall new text end award reasonable costs, disbursements, and reasonable attorney fees of
up to deleted text begin $13,000deleted text end new text begin $25,000 new text end to deleted text begin any partydeleted text end new text begin a plaintiff new text end in an action under this chapter.

(b) The court may award costs and attorney fees to a defendant only if the court finds
that the action under this chapter was frivolous and without merit.

(c) A public body may pay any costs, disbursements, or attorney fees incurred by or
awarded against any of its members in an action under this chapter.

(d) No monetary penalties or attorney fees may be awarded against a member of a
public body unless the court finds that there was a specific intent to violate this chapter.