HF1784 (Legislative Session 94 (2025-2026))
Government entities made liable for defense costs for actions brought by the government entity.
Related bill: SF1922
AI Generated Summary
Purpose
Creates a new rule intended to deter certain government litigation by making government entities personally pay the defense costs of individuals they sue and lose. The section is titled the AntiLawfare Law and sets up a system where losing government lawsuits against private individuals can result in the government entity owing those individuals’ defense costs.
Main Provisions
- 604.50 Award of Costs: If a government entity starts an action against a person and does not prevail, the government entity must pay the person’s defense costs. This includes all costs, disbursements, and fees, such as attorney fees, that the person incurred defending against the action.
- Definitions:
- Government entity includes state agencies (as defined in another statute) or municipalities (as defined in another statute).
- Person is defined as someone other than a government entity.
- Title: The section may be cited as the AntiLawfare Law.
- Other remedies: This provision does not limit any other remedies that may be available.
Significance and Impact
- Creates a financial consequence for government entities that sue private individuals and lose, aiming to reduce frivolous or harassing lawsuits (often described in public discourse as “lawfare”).
- Shifts defense costs to the losing government entity, potentially affecting how government entities assess and pursue civil actions.
- Clarifies that the liability is limited to the defense-related costs borne by the private party; government entities remain subject to other remedies outside this statute.
Changes to Existing Law
- Adds a new cost-shifting rule in Minnesota Statutes, Section 604.50, specifically applying to civil actions brought by government entities against private individuals.
- Establishes a clear distinction between government entities and private persons for purposes of cost liability.
Relevant Terms
- AntiLawfare Law
- government entity
- state agency
- municipality
- person
- award of costs
- costs
- disbursements
- fees
- attorney fees
- defense
- action
- prevail
- did not prevail
- civil actions
- other remedies
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 03, 2025 | House | Action | Introduction and first reading, referred to | Judiciary Finance and Civil Law | |
| February 17, 2026 | House | Action | Author added |
Citations
[
{
"analysis": {
"added": [
"The section title is designated as 'AntiLawfare Law'."
],
"removed": [],
"summary": "Section 1 of the proposed act defines the section's title.",
"modified": []
},
"citation": "604.50",
"subdivision": "Subd.1"
},
{
"analysis": {
"added": [
"Defines 'government entity' as 1) a state agency as defined in section 13.02 subdivision 17, or 2) a municipality as defined in section 466.01 subdivision 1.",
"Defines 'person' as not including a government entity."
],
"removed": [],
"summary": "Definitions for 604.50, including government entity and person.",
"modified": []
},
"citation": "604.50",
"subdivision": "Subd.2"
},
{
"analysis": {
"added": [
"Establishes liability for all costs, disbursements, and fees including attorney fees incurred by the person in their defense when the government entity did not prevail."
],
"removed": [],
"summary": "Award of costs: government entity that loses a civil action owes costs to the defendant.",
"modified": []
},
"citation": "604.50",
"subdivision": "Subd.3"
},
{
"analysis": {
"added": [
"Provides that this section does not limit any other available remedies."
],
"removed": [],
"summary": "Other remedies: clarifies this section does not limit other remedies.",
"modified": []
},
"citation": "604.50",
"subdivision": "Subd.4"
},
{
"analysis": {
"added": [
"Cross-reference to existing 13.02 Subd.17."
],
"removed": [],
"summary": "Cited statute defining state agency; used in 604.50 Subd.2.",
"modified": []
},
"citation": "13.02",
"subdivision": "Subd.17"
},
{
"analysis": {
"added": [
"Cross-reference to existing 466.01 Subd.1."
],
"removed": [],
"summary": "Cited statute defining municipality; used in 604.50 Subd.2.",
"modified": []
},
"citation": "466.01",
"subdivision": "Subd.1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Chapter 604 contains the existing law being amended by this bill; 604.50 is the operative section.",
"modified": [
"604.50 is amended by the bill."
]
},
"citation": "604",
"subdivision": ""
}
]Progress through the legislative process
In Committee