Attorney general responsibilities specification in civil law enforcement actions

A bill for an act

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

civil law enforcement actions; proposing coding for new law in Minnesota Statutes,

chapter 15.

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

Section 1.

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[15.171] 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 apply:

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(1) unless expressly named as a party, other public officers, departments, agencies,

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

civil law enforcement action brought by the attorney general on behalf of the state and are

not subject to party discovery in the action;

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

agencies, boards, commissions, or other instrumentalities of state government may only be

sought by the party adverse to the state in discovery through subpoenas issued to nonparties

pursuant to the Rules of Civil Procedure; 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 except for data collected and retained

by the attorney general in anticipation of the civil law enforcement action brought by the

attorney general on behalf of the state.

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