HF 1490

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/08/2023 10:24am

A bill for an act
relating to state government; establishing a right for the legislature to intervene in
actions where validity of statute is challenged; proposing coding for new law in
Minnesota Statutes, chapter 3.

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

Section 1.

new text begin [3.99] INTERVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "legislative entity" means the
house of representatives, the senate, or the Legislative Coordinating Commission.
new text end

new text begin Subd. 2. new text end

new text begin Right to intervene. new text end

new text begin A legislative entity may intervene at any time as a matter
of right in an action in state or federal court in which a party, as part of a claim or affirmative
defense, challenges the validity of a Minnesota statute, facially or as applied, or challenges
a Minnesota statute as violating or being preempted by federal law.
new text end

new text begin Subd. 3. new text end

new text begin Counsel. new text end

new text begin The legislative entity may engage legal counsel to represent the
legislative entity in any action in which the legislative entity intervenes. The legislative
entity may hire legal counsel who is not the attorney general or employed by the attorney
general. The amount necessary to pay the costs of the legal counsel is appropriated annually
from the general fund to the legislative entity employing the legal counsel.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end