HF 1414

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the governor; providing that the governor 
  1.3             may employ special counsel in certain cases; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 4. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [4.48] [SPECIAL COUNSEL.] 
  1.7      (a) If the governor finds that it is in the public interest 
  1.8   to do so, the governor may employ special counsel in the 
  1.9   following cases: 
  1.10     (1) to assist the attorney general in an action or 
  1.11  proceeding; 
  1.12     (2) to act instead of the attorney general in an action or 
  1.13  proceeding if the attorney general is in any way interested 
  1.14  adversely to the state; 
  1.15     (3) to defend an action instituted by the attorney general 
  1.16  against an officer of a state agency; or 
  1.17     (4) to institute and prosecute an action or proceeding that 
  1.18  the attorney general, by reason of the attorney general's 
  1.19  opinion as to the validity of a law, or for any other reason, 
  1.20  deems it the duty of the attorney general to defend rather than 
  1.21  prosecute. 
  1.22     (b) When special counsel is employed, a contract in writing 
  1.23  must be entered into between the state and the counsel.  The 
  1.24  contract shall fix the compensation to be paid the counsel, 
  1.25  shall be executed on behalf of the state by the governor, and 
  2.1   shall be filed in the office of the secretary of state.  
  2.2      (c) Upon employment of special counsel, the governor shall 
  2.3   certify the maximum amount provided in the employment contract 
  2.4   to the commissioner of administration and direct the affected 
  2.5   state agency or the attorney general to pay special counsel 
  2.6   bills related to that case within the certified amount.