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SF 2818

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 08:49am

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

Current Version - 1st Engrossment

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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.
new text end

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:
new text end

new text begin (1) an employee of the office;
new text end

new text begin (2) an employee of another Minnesota governmental entity as may be provided by law;
or
new text end

new text begin (3) an employee of a federal governmental entity pursuant to an agreement between the
attorney general and the federal governmental entity.
new text end

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 or from an appropriation
by law. In a case in which 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
attorney general or another Minnesota governmental entity, and must state under what
authority the attorney general enters the contract.
new text end

new text begin (b) Only persons described in paragraph (a), clause (1), (2), or (3), shall perform legal
services on premises leased by the attorney general.
new text end

new text begin (c) Nothing in this section prohibits 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 prohibits 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