Minnesota Legislature
SF 4514
as introduced - 91st Legislature (2019 - 2020) Posted on 04/24/2020 07:46am
Current Version - as introduced
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A bill for an act
relating to civil actions; requiring state agencies to pay disbursements to prevailing
defendants; amending Minnesota Statutes 2018, section 549.04.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 549.04, is amended to read:
549.04 DISBURSEMENTS; TAXATION AND ALLOWANCE.
Subdivision 1.
Generally.
In every action in a district court, the prevailing party,
including any public employee who prevails in an action for wrongfully denied or withheld
employment benefits or rights, shall be allowed reasonablenew text begin costs andnew text end disbursements paid
or incurred, including fees and mileage paid for service of process by the sheriff or by a
private person.
Subd. 2.
Limitation.
Notwithstanding subdivision 1, where the state agency is named
or intervenes as a party to enforce the agency's rights under section 256B.056, the agency
shall not be liable for disbursements to any prevailing defendant.
new text begin Subd. 3. new text end
new text begin Payment by state agency. new text end
new text begin
Subject to the limitation in subdivision 2, when a
party prevails against a state agency, the state agency shall pay the costs, disbursements,
and fees to the prevailing defendant out of the state agency's budget.
new text end