Responsibilities of the attorney general in civil law enforcement actions specified.

A bill for an act

relating to state government; specifying responsibilities of the attorney general in

civil law enforcement actions; amending Minnesota Statutes 2024, section 15.17,

by adding subdivisions.

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

Section 1.

Minnesota Statutes 2024, section 15.17, is amended by adding a subdivision

to read:

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Subd. 5.

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Attorney general civil law enforcement actions.

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When the attorney general

institutes a civil law enforcement action on behalf of the state pursuant to any authority

granted by common law, the constitution of this state, or any provision of law, the attorney

general acts in the public interest of the state and not as the legal representative or attorney

of any department, agency, board, commission, or other instrumentality of state government,

including the executive, legislative, or judicial branches. When the attorney general institutes

a civil law enforcement action on behalf of the state, the following applies:

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(1) unless specifically named as provided in subdivision 8, other departments, agencies,

boards, commissions, or other instrumentalities of state government are not parties to the

law enforcement action brought by the attorney general on behalf of the people of the state

of Minnesota;

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(2) the records, documents, data, knowledge, and information of other state departments,

agencies, boards, commissions, or other instrumentalities are not subject to party discovery

served on the attorney general; and

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(3) the records, documents, data, knowledge, and information of other departments,

agencies, boards, commissions, or other instrumentalities of state government are not in the

possession, custody, or control of the attorney general for purposes of the civil law

enforcement action brought by the attorney general on behalf of the state.

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Sec. 2.

Minnesota Statutes 2024, section 15.17, is amended by adding a subdivision to

read:

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Subd. 6.

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Each agency is the sole custodian of its records.

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Each department, agency,

board, commission, or other entity in the legislative, executive, and judicial branches of

state government is the only entity authorized to be the custodian of its own records,

documents, data, knowledge, and information and the only entity in possession, custody,

or control of its own records, documents, data, knowledge, and information.

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Sec. 3.

Minnesota Statutes 2024, section 15.17, is amended by adding a subdivision to

read:

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Subd. 7.

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Attorney general representation of state agencies.

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Records, documents, data,

knowledge, and information maintained by a division of the Office of the Attorney General

because of an attorney-client relationship with a department, agency, board, commission,

or other instrumentality of state government are not accessible to the divisions of the Office

of the Attorney General that prosecute civil law enforcement actions on behalf of the state.

Nothing in this subdivision limits a department, agency, board, commission, or other

instrumentality of state government from sharing records, documents, data, knowledge, and

information with the Office of the Attorney General in accordance with applicable law or

lawful requests.

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Sec. 4.

Minnesota Statutes 2024, section 15.17, is amended by adding a subdivision to

read:

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Subd. 8.

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Parties to attorney general law enforcement actions.

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No public officer,

department, agency, board, commission, or other instrumentality of state government shall

be considered a party, or subjected to party discovery, in any litigation under subdivision

5, unless the public officer, department, agency, board, commission, or other instrumentality

of state government is expressly named as a party in the litigation. A civil law enforcement

action initiated by the attorney general on behalf of the state does not satisfy the requirements

of this subdivision.

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