HF 3656
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/23/2026 04:47 p.m.
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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:
new text begin Subd. 5. new text end
new text begin Attorney general civil law enforcement actions. new text end
new text begin
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:
new text end
new text begin
(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;
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 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.
new text end
Sec. 2.
Minnesota Statutes 2024, section 15.17, is amended by adding a subdivision to
read:
new text begin Subd. 6. 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 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.
new text end
Sec. 3.
Minnesota Statutes 2024, section 15.17, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Attorney general representation of state agencies. new text end
new text begin
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.
new text end
Sec. 4.
Minnesota Statutes 2024, section 15.17, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Parties to attorney general law enforcement actions. 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 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.
new text end