HF 3102

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 03:30pm

A bill for an act
relating to state government; specifying the performance of legal services by the
Office of the Attorney General; proposing coding for new law in Minnesota
Statutes, chapter 8.

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

Section 1.

new text begin [8.011] PERFORMANCE OF LEGAL SERVICES.
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new text begin (a) Except as otherwise provided by law, all legal services of the Office of the Attorney
General shall be performed exclusively by:
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new text begin (1) an employee of the office;
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new text begin (2) an employee of another Minnesota governmental entity as may be provided by law;
or
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new text begin (3) an employee of a federal governmental entity pursuant to an agreement between the
Office of the Attorney General and the federal governmental entity.
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new text begin Except as otherwise provided under this section, the sole source of compensation paid to
employees of the Office of the Attorney General for performing legal services on behalf of
the state shall be from the appropriations provided under this chapter. In any case in which
the Office of the Attorney General is authorized under law to contract with, hire, or engage
a person other than a person described in clauses (1), (2), or (3) to perform legal services
on behalf of the state, the sole consideration for the legal services shall be a monetary amount
bargained for in an arm's length transaction with the person and the Office of the Attorney
General or another Minnesota governmental entity, and must state under what authority
that office enters the contract.
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new text begin (b) Only persons described in paragraph (a), clause (1), (2), or (3), shall perform legal
services on premises leased by the Office of the Attorney General. Nothing in this section
shall prohibit the Office of the Attorney General from entering into a settlement agreement
with a defendant arising from a case litigated or prosecuted by a federal governmental entity,
local governmental entity, or an attorney general's office in another state or a United States
territory. Nothing in this section shall prohibit the Office of the Attorney General from
employing and providing office space to an unpaid intern assisting in performing legal
services, provided that the intern does not possess a current license to practice law in
Minnesota, any other state or commonwealth, or any United States territory.
new text end