Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature
Office of the Revisor of Statutes

HF 1007

as introduced - 90th Legislature (2017 - 2018) Posted on 03/26/2018 04:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf

Bill Text Versions

Engrossments
Introduction Posted on 02/09/2017

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7

A bill for an act
 relating to state agencies; requiring certain criteria to be met before a state agency
sues a local government; proposing coding for new law in Minnesota Statutes,
chapter 15.

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

Section 1.

new text begin [15.505] STATE AGENCY; PREREQUISITES TO SUIT AGAINST
LOCAL GOVERNMENT.
 new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
 new text end

new text begin (b) "Agency" means a state agency, department, board, authority, or commission in the
executive branch of state government.
 new text end

new text begin (c) "Local government" means a political subdivision of the state, including a county,
home rule charter or statutory city, or town.
 new text end

new text begin Subd. 2. new text end

new text begin Prerequisites. new text end

new text begin Before an agency may serve a summons and complaint in a
lawsuit against a local government, the agency must make all reasonable efforts to help the
local government resolve the issue, and the complaint must itemize those efforts. At a
minimum, the agency must:
 new text end

new text begin (1) give the local government written information about the local government's specific
action or inaction that will result in a lawsuit against the local government, including the
agency's legal authority to demand the action or to demand that the local government refrain
from acting;
 new text end

new text begin (2) give the local government written information on the scope of the agency's authority
to negotiate;
 new text end

new text begin (3) meet with the local government's representatives, including the local government's
attorney, to attempt to resolve the matter;
 new text end

new text begin (4) offer to engage in mediation to resolve the matter;
 new text end

new text begin (5) consult with the attorney general, or the attorney general's designee, who must review
the matter and determine that the suit has merit; and
 new text end

new text begin (6) consult with the governor, or the governor's designee, and seek comments as to
whether the suit is in the best interests of the people of the state.
 new text end