1.1 	A bill for an act
1.2 	relating to state agencies; requiring certain criteria to be met before a state agency 
1.3 	sues a local government;proposing coding for new law in Minnesota Statutes, 
1.4 	chapter 15.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [15.505] STATE AGENCY; PREREQUISITES TO SUIT AGAINST 
1.7 	LOCAL GOVERNMENT.
1.8 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
1.9 	(b) "Agency" means a state agency, department, board, authority, or commission in the 
1.10 	executive branch of state government.
1.11 	(c) "Local government" means a political subdivision of the state, including a county, 
1.12 	home rule charter or statutory city, or town.
1.13 		Subd. 2.Prerequisites. Before an agency may serve a summons and complaint in a 
1.14 	lawsuit against a local government, the agency must make all reasonable efforts to help the 
1.15 	local government resolve the issue, and the complaint must itemize those efforts. At a 
1.16 	minimum, the agency must:
1.17 	(1) give the local government written information about the local government's specific 
1.18 	action or inaction that will result in a lawsuit against the local government, including the 
1.19 	agency's legal authority to demand the action or to demand that the local government refrain 
1.20 	from acting;
1.21 	(2) give the local government written information on the scope of the agency's authority 
1.22 	to negotiate;
2.1 	(3) meet with the local government's representatives, including the local government's 
2.2 	attorney, to attempt to resolve the matter;
2.3 	(4) offer to engage in mediation to resolve the matter;
2.4 	(5) consult with the attorney general, or the attorney general's designee, who must review 
2.5 	the matter and determine that the suit has merit; and
2.6 	(6) consult with the governor, or the governor's designee, and seek comments as to 
2.7 	whether the suit is in the best interests of the people of the state.