Committee deadlocks on bill limiting agency discovery in AG-led cases after contentious testimony

Representative Lugar Nikolai introduced House File 3656, a bill intended to change how discovery operates when the Attorney General initiates litigation on behalf of the people rather than on behalf of a state agency. The sponsor said the measure would limit situations where agencies are treated as party defendants and thereby avoid sweeping, time-consuming discovery requests that divert agency resources.

Supporters argued the change would protect agency staff time and taxpayer money and give judges a role in limiting overly broad discovery requests. Representative Lugar Nikolai said the change mirrors approaches in other states and would preserve the Minnesota Government Data Practices Act’s character while narrowing automatic agency exposure when the AG pursues statewide enforcement.

Public testimony included a two-minute comment from Dr. Roger Day that accused Attorney General Keith Ellison of longstanding fraud in data-practice matters; members treated that as public testimony and did not substantively adjudicate the claim in committee. Chris McNulty, general counsel for Minnesota Management and Budget, clarified that the bill amends the Official Records Act rather than the Data Practices Act, a technical point the committee noted for further scrutiny.

Members raised concerns about unintended consequences and records availability. Chair Nash asked for more stakeholder work; several members requested additional technical review in Judiciary. A roll-call vote resulted in seven ayes and seven nays and the motion did not prevail; the bill was laid over.