1.1 	A bill for an act
1.2 	relating to the attorney general; modifying the attorney general's power to 
1.3 	investigate in certain situations;amending Minnesota Statutes 2004, section 
1.4 	8.31, subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 8.31, subdivision 2, is amended to read:
1.7 		Subd. 2.Attorney general to assist in discovery and punishment of illegal 
1.8 	practices. (a) When the attorney general has information providing a reasonable ground 
1.9 	to believe that any person has violated, or is about to violate, any of the laws of this state 
1.10 	referred to in subdivision 1, the attorney general shall have power to investigate those 
1.11 	violations, or suspected violations, and to take such steps as are necessary to cause the 
1.12 	arrest and prosecution of all persons violating any of the statutes specifically mentioned 
1.13 	in subdivision 1 or any other laws respecting unfair, discriminatory, or other unlawful 
1.14 	practices in business, commerce, or trade. In connection with investigation under this 
1.15 	section in cases where a civil action has not been commenced the attorney general ~~upon~~ 
1.16 	~~specifying the nature of the violation or suspected violation~~ may obtain discovery from 
1.17 	any person regarding any matter, fact or circumstance, not privileged, which is relevant to 
1.18 	the subject matter involved in the pending investigation, in accordance with the provisions 
1.19 	of this subdivision~~. The discovery may be obtained without commencement of a civil~~ 
1.20 	~~action and without leave of court, except as expressly required by the provisions of~~ 
1.21 	~~subdivision 2a.~~ only after obtaining approval of the district court pursuant to paragraph 
1.22 	(b). The applicable protective provisions of rules  26.02,  26.03, and  30.04 of the Rules of 
1.23 	Civil Procedure for the district courts shall apply to any discovery procedures instituted 
1.24 	pursuant to this section. The attorney general or any person to whom discovery is directed 
2.1 	may apply to and obtain leave of the district court in order to reduce or extend the time 
2.2 	requirements of this subdivision, and upon a showing of good cause the district court shall 
2.3 	order such a reduction or extension. In order to obtain discovery, the attorney general may: 
2.4 	~~(a)~~ (1) serve written interrogatories on any person. Within 20 days after service of 
2.5 	interrogatories, separate written answers and objections to each interrogatory shall be 
2.6 	mailed to the attorney general~~.~~;
2.7 	~~(b)~~ (2) upon reasonable written notice of no less than 15 days, require any person 
2.8 	to produce for inspection and copying any documents, papers, books, accounts, letters, 
2.9 	photographs, objects, or tangible things which are in the possession, custody, or control 
2.10 	of that person~~.~~; and
2.11 	~~(c)~~ (3) upon reasonable written notice of no less than 15 days, take the testimony of 
2.12 	any person by deposition as to any fact or opinion relevant to the subject matter involved 
2.13 	in the pending investigation.
2.14 	For the purposes of this subdivision the term "person" has the meaning specified 
2.15 	in section  325F.68. 
2.16 	(b) The attorney general shall present to the district court all evidence that provides 
2.17 	the attorney general with a reasonable ground to believe that any person has violated, or is 
2.18 	about to violate, any laws of this state referred to in subdivision 1. Unless the court finds 
2.19 	that doing so would be contrary to the interests of justice, the court shall allow the person 
2.20 	who is the subject of the investigation an opportunity to: (1) review the evidence that is 
2.21 	being used by the attorney general to justify the request for court approval; and (2) be 
2.22 	heard on the matter before the court decides to grant or withhold its approval.