Bill Text: MN HF2814 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Writs of mandamus issuance regulated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-12 - Introduction and first reading, referred to Judiciary Policy and Finance [HF2814 Detail]
Download: Minnesota-2011-HF2814-Introduced.html
1.2relating to the judiciary; regulating the issuance of writs of mandamus;amending
1.3Minnesota Statutes 2010, section 586.01.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 586.01, is amended to read:
1.6586.01 ISSUANCE OF WRIT, JUDICIAL DISCRETION NOT
1.7CONTROLLED.
1.8The writ of mandamus may be issued to any inferior tribunal, corporation, board,
1.9or person to compel the performance of an act which the law specially enjoins as a duty
1.10resulting from an office, trust, or station. It may require an inferior tribunal to exercise
1.11its judgment or proceed to the discharge of any of its functions, but it cannot control
1.12judicial discretion. The writ of mandamus may not be issued to the Department of Natural
1.13Resources or its commissioner or the Pollution Control Agency or its commissioner.
1.14EFFECTIVE DATE.This section is effective the day following final enactment.
1.3Minnesota Statutes 2010, section 586.01.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 586.01, is amended to read:
1.6586.01 ISSUANCE OF WRIT, JUDICIAL DISCRETION NOT
1.7CONTROLLED.
1.8The writ of mandamus may be issued to any inferior tribunal, corporation, board,
1.9or person to compel the performance of an act which the law specially enjoins as a duty
1.10resulting from an office, trust, or station. It may require an inferior tribunal to exercise
1.11its judgment or proceed to the discharge of any of its functions, but it cannot control
1.12judicial discretion. The writ of mandamus may not be issued to the Department of Natural
1.13Resources or its commissioner or the Pollution Control Agency or its commissioner.
1.14EFFECTIVE DATE.This section is effective the day following final enactment.
