Purpose of the Bill

This bill aims to refine how records are managed and accessed in civil law enforcement actions led by the Minnesota Attorney General. It clarifies the roles and boundaries concerning discovery processes and record-keeping for state entities when the Attorney General initiates lawsuit actions in the public interest.

Main Provisions

1. Role of Attorney General: The Attorney General pursues civil law enforcement actions for the state’s public interest, not as a legal representative for any specific state department or agency.

2. Discovery Limitations:

   • Records from state departments and similar entities are not subject to discovery when the Attorney General initiates civil enforcement actions, unless specifically named as a party in the case.
   • These records are considered outside the possession and control of the Attorney General for such actions.

3. Separation of Responsibilities:

   • Having an attorney-client relationship with a state entity does not grant prosecutorial divisions of the Attorney General's office access to that entity’s records unless required by law or requests are made lawfully.
   • State entities remain solely responsible as custodians of their records and are exempt from being automatically included in lawsuits unless expressly named.

Significant Changes

• The bill explicitly states that individual state agencies maintain exclusive custody and control of their records, protecting them from involuntary disclosures during civil law enforcement actions initiated by the Attorney General unless they are directly involved.
• It introduces new protocols that distinctly separate the responsibilities and access permissions between state agencies and the Attorney General.

Relevant Terms

• Attorney General
• Civil Law Enforcement
• Discovery
• State Entities
• Records Custodian
• Attorney-Client Relationship