SF 4769
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/08/2026 10:33 a.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; 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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