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HF 942

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 05:45pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/10/2021

Current Version - as introduced

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A bill for an act
relating to state government; authorizing the house of representatives, senate, or
legislature to intervene in certain matters involving the state; requiring approval
of proposed legal settlements by the Legislative Coordinating Commission;
requiring parties to a civil action to serve the legislature in certain matters; amending
Minnesota Statutes 2020, sections 3.305, by adding a subdivision; 8.01; 8.06;
555.11; proposing coding for new law in Minnesota Statutes, chapters 3; 8; 540.

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

Section 1.

Minnesota Statutes 2020, section 3.305, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Administration of legal claims. new text end

new text begin The Legislative Coordinating Commission
must establish a bicameral subcommittee of legislators to (1) advise and assist the commission
to monitor legal claims involving the state in which the legislature may be an interested
party, and (2) perform the duties provided under sections 3.7315 and 8.062.
new text end

Sec. 2.

new text begin [3.7315] LEGISLATIVE RIGHT TO INTERVENE.
new text end

new text begin Pursuant to section 540.155, when a party to an action in state or federal court challenges
the constitutionality of a statute either facially or as applied, challenges a statute as violating
or preempted by federal law, or otherwise challenges the construction or validity of a statute,
as part of a claim or affirmative defense:
new text end

new text begin (1) the Committee on Rules and Legislative Administration of the house of representatives
may intervene on behalf of the house of representatives at any time in the action. The
committee may obtain legal counsel other than from the attorney general to represent the
house of representatives in any action in which the house of representatives intervenes;
new text end

new text begin (2) the Committee on Rules and Administration of the senate may intervene on behalf
of the senate at any time in the action. The committee may obtain legal counsel other than
from the attorney general to represent the senate in any action in which the senate intervenes;
and
new text end

new text begin (3) the Legislative Coordinating Commission may intervene on behalf of the legislature
at any time in the action. The Legislative Coordinating Commission may obtain legal counsel
other than from the attorney general to represent the legislature in any action in which the
legislature intervenes.
new text end

Sec. 3.

Minnesota Statutes 2020, section 8.01, is amended to read:


8.01 APPEARANCE.

The attorney general shall appear for the state in all causes in the supreme and federal
courts wherein the state is directly interested; also in all civil causes of like nature in all
other courts of the state whenever, in the attorney general's opinion, the interests of the state
require itnew text begin, provided that the legislature may intervene in the cause at any time as permitted
by sections 3.7315 and 540.155
new text end. Upon request of the county attorney, the attorney general
shall appear in court in such criminal cases as the attorney general deems proper. Upon
request of a county attorney, the attorney general may assume the duties of the county
attorney in sexual psychopathic personality and sexually dangerous person commitment
proceedings under chapter 253D. Whenever the governor shall so request, in writing, the
attorney general shall prosecute any person charged with an indictable offense, and in all
such cases may attend upon the grand jury and exercise the powers of a county attorney.

Sec. 4.

Minnesota Statutes 2020, section 8.06, is amended to read:


8.06 ATTORNEY FOR STATE OFFICERS, BOARDS, OR COMMISSIONS;
EMPLOY COUNSEL.

The attorney general shall act as the attorney for all state officers and all boards or
commissions created by law in all matters pertaining to their official duties. new text beginThe legislature
may intervene in these matters at any time as permitted by sections 3.7315 and 540.155.
new text end When requested by the attorney general, it shall be the duty of any county attorney of the
state to appear within the county and act as attorney for any such board, commission, or
officer in any court of such county. The attorney general may, upon request in writing,
employ, and fix the compensation of, a special attorney for any such board, commission,
or officer when, in the attorney general's judgment, the public welfare will be promoted
thereby. Such special attorney's fees or salary shall be paid from the appropriation made
for such board, commission, or officer. Except as herein provided, no board, commission,
or officer shall hereafter employ any attorney at the expense of the state.

Whenever the attorney general, the governor, and the chief justice of the supreme court
shall certify, in writing, filed in the Office of the Secretary of State, that it is necessary, in
the proper conduct of the legal business of the state, either civil or criminal, that the state
employ additional counsel, the attorney general shall thereupon be authorized to employ
such counsel and, with the governor and the chief justice, fix the additional counsel's
compensation. The governor, if in the governor's opinion the public interest requires such
action, may employ counsel to act in any action or proceeding if the attorney general is in
any way interested adversely to the state. Except as herein stated, no additional counsel
shall be employed and the legal business of the state shall be performed exclusively by the
attorney general and the attorney general's assistants.

Sec. 5.

new text begin [8.062] SETTLEMENTS ON BEHALF OF STATE.
new text end

new text begin In an action in defense of the state involving a claim for injunctive relief or where there
is a proposed consent decree, the attorney general is prohibited from compromising or
settling the action without the approval of a legislative intervenor under section 3.7315 or,
if there is no intervenor, without first submitting a proposed plan to the Legislative
Coordinating Commission. If within 14 working days after the plan is submitted the chair
of the commission notifies the attorney general that the commission has scheduled a meeting
for the purpose of reviewing the proposed plan, the attorney general may compromise or
settle the action only with the commission's approval. The attorney general is prohibited
from submitting a proposed plan to the Legislative Coordinating Commission that concedes
the unconstitutionality or other invalidity of a statute either facially or as applied, or concedes
that a statute violates or is preempted by federal law, without approval by the chair of the
bicameral subcommittee established under section 3.305, subdivision 6a, to consider legal
claims.
new text end

Sec. 6.

new text begin [540.155] INTERVENTION BY LEGISLATURE.
new text end

new text begin When a party to an action in state or federal court challenges the constitutionality of a
statute either facially or as applied, challenges a statute as violating or preempted by federal
law, or otherwise challenges the construction or validity of a statute, as part of a claim or
affirmative defense, the house of representatives, senate, or legislature may intervene in the
action at any time as provided in section 3.7315 as a matter of right by serving a motion
upon the parties as required by law or court rule.
new text end

Sec. 7.

Minnesota Statutes 2020, section 555.11, is amended to read:


555.11 PARTIES.

When declaratory relief is sought, all persons shall be made parties who have or claim
any interest which would be affected by the declaration, and no declaration shall prejudice
the rights of persons not parties to the proceeding. In any proceeding which involves the
validity of a municipal ordinance or franchise, such municipality shall be made a party, and
shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be
unconstitutional, the attorney general shall also be served with a copy of the proceeding
and be entitled to be heard.new text begin If a statute is alleged to be unconstitutional, alleged to be in
violation of or preempted by federal law, or if the construction or validity of a statute is
otherwise challenged, the speaker of the house, president of the senate, and senate majority
leader must also be served with a copy of the proceeding, and the house of representatives,
senate, or legislature are entitled to be heard. If the house of representatives, senate, or
Legislative Coordinating Commission intervenes as provided under sections 3.7315 and
540.155, the house of representatives represents the house of representatives, the senate
represents the senate, and the Legislative Coordinating Commission represents the legislature.
new text end

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2021, and applies to causes of action arising on or after
that date.
new text end