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S.F. No. 905 - State Agency Lawsuits Against Local Governments Prerequisites Requirement
Author: Senator Michelle L. Fischbach
Prepared By: Stephanie James, Senate Counsel (651/296-0103)
Date: February 23, 2017


Section 1 [State Agency; Prerequisites to Suit Against Local Government]

Subd. 1 [Definitions] defines “agency” and “local government.”

Subd. 2 [Prerequisites] requires an agency to make reasonable efforts to resolve an issue before serving a summons and complaint on a local government.  Requires the complaint to itemize those efforts.  An agency is required to take specific actions, including:

(1) providing certain written information to the local government with the agency’s legal authority for demanding the local government to act or refrain from acting;

(2) provide written information to the local government on the agency’s authority to negotiate;

(3) meet with representatives of the local government to attempt to resolve the matter;

(4) offer mediation;

(5) consult with the attorney general or designee for a determination of the merit of the suit; and

(6) consult with the governor or designee seeking comment as to whether the suit is in the best interests of the state.


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