SF 3508

Introduction - 94th Legislature (2025 - 2026)

Posted on 05/13/2025 09:46 a.m.

A bill for an act
relating to civil actions; providing that state entity records are not subject to
discovery in certain attorney general civil enforcement actions; clarifying the
Official Records Act; amending Minnesota Statutes 2024, section 15.17, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapter 8.

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

Section 1.

new text begin [8.015] CIVIL LAW ENFORCEMENT ACTIONS; OTHER STATE
AGENCIES.
new text end

new text begin Subdivision 1. new text end

new text begin Civil law enforcement actions; public interest. new text end

new text begin When the attorney
general institutes a civil law enforcement action on behalf of the people of the state of
Minnesota pursuant to any authority granted by common law, the Minnesota Constitution,
or any provision of law, the attorney general acts in the public interest of the state of
Minnesota 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.
new text end

new text begin Subd. 2. new text end

new text begin Other entity records. new text end

new text begin When the attorney general institutes a civil law
enforcement action on behalf of the people of the state of Minnesota, the following applies:
new text end

new text begin (1) unless specifically named as provided in subdivision 4, 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;
new text end

new text begin (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
new text end

new text begin (3) the records, documents, data, knowledge, and information of such 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 people of the state of
Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Representation of state agencies. new text end

new text begin Records, documents, data, knowledge, and
information maintained by a division of the attorney general's office because of an
attorney-client relationship with a department, agency, board, commission, or other
instrumentality of state government shall not be accessible to the divisions of the attorney
general's office that prosecute civil law enforcement actions on behalf of the people of the
state of Minnesota. 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 attorney general's office in accordance with
applicable law or lawful requests.
new text end

new text begin Subd. 4. new text end

new text begin Exception; named parties. new text end

new text begin 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 civil law enforcement action described in subdivision
1 unless the public officer, department, agency, board, commission, or other instrumentality
of state government is expressly named as a party in the litigation.
new text end

Sec. 2.

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

new text begin Subd. 5. new text end

new text begin Each agency is the sole custodian of its records. new text end

new text begin Each department, agency,
board, commission, or other entity in the legislative, executive, and judicial branches of
state government is the sole 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.
new text end