HF 564

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the open meeting law; authorizing the 
  1.3             commissioner of administration to issue written 
  1.4             opinions regarding compliance with the law; amending 
  1.5             Minnesota Statutes 2002, section 13.072, subdivisions 
  1.6             1, 2; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 13D. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 13.072, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [OPINION; WHEN REQUIRED.] (a) Upon request 
  1.12  of a state agency, statewide system, or political 
  1.13  subdivision government entity, the commissioner may give a 
  1.14  written opinion on any question relating to public access to 
  1.15  government data, rights of subjects of data, or classification 
  1.16  of data under this chapter or other Minnesota statutes governing 
  1.17  government data practices.  Upon request of any person who 
  1.18  disagrees with a determination regarding data practices made by 
  1.19  a state agency, statewide system, or political 
  1.20  subdivision government entity, the commissioner may give a 
  1.21  written opinion regarding the person's rights as a subject of 
  1.22  government data or right to have access to government data.  
  1.23     (b) Upon request of a body subject to chapter 13D, the 
  1.24  commissioner may give a written opinion on any question relating 
  1.25  to the body's duties under chapter 13D.  Upon request of a 
  1.26  person who disagrees with the manner in which members of a 
  2.1   governing body perform their duties under chapter 13D, the 
  2.2   commissioner may give a written opinion on compliance with 
  2.3   chapter 13D.  A governing body or person requesting an opinion 
  2.4   under this paragraph must pay the commissioner a fee of $200, if 
  2.5   the commissioner gives a written opinion.  
  2.6      (c) If the commissioner determines that no opinion will be 
  2.7   issued, the commissioner shall give the state agency, statewide 
  2.8   system, political subdivision, government entity or body subject 
  2.9   to chapter 13D or person requesting the opinion notice of the 
  2.10  decision not to issue the opinion within five days of receipt of 
  2.11  the request.  If this notice is not given, the commissioner 
  2.12  shall issue an opinion within 20 days of receipt of the request. 
  2.13     (d) For good cause and upon written notice to the person 
  2.14  requesting the opinion, the commissioner may extend this 
  2.15  deadline for one additional 30-day period.  The notice must 
  2.16  state the reason for extending the deadline.  The state agency, 
  2.17  statewide system, government entity or political subdivision the 
  2.18  members of a body subject to chapter 13D must be provided a 
  2.19  reasonable opportunity to explain the reasons for its decision 
  2.20  regarding the data or how they perform their duties under 
  2.21  chapter 13D.  The commissioner or the state agency, statewide 
  2.22  system, government entity or political subdivision body subject 
  2.23  to chapter 13D may choose to give notice to the subject of the 
  2.24  data concerning the dispute regarding the data or compliance 
  2.25  with chapter 13D. 
  2.26     (b) (e) This section does not apply to a determination made 
  2.27  by the commissioner of health under section 13.3805, subdivision 
  2.28  1, paragraph (b), or 144.6581. 
  2.29     (c) (f) A written opinion issued by the attorney general 
  2.30  shall take precedence over an opinion issued by the commissioner 
  2.31  under this section. 
  2.32     Sec. 2.  Minnesota Statutes 2002, section 13.072, 
  2.33  subdivision 2, is amended to read: 
  2.34     Subd. 2.  [EFFECT.] Opinions issued by the commissioner 
  2.35  under this section are not binding on the state agency, 
  2.36  statewide system, government entity or political subdivision 
  3.1   members of a body subject to chapter 13D whose data or 
  3.2   performance of duties is the subject of the opinion, but an 
  3.3   opinion described in subdivision 1, paragraph (a), must be given 
  3.4   deference by a court in a proceeding involving the data.  The 
  3.5   commissioner shall arrange for public dissemination of opinions 
  3.6   issued under this section.  This section does not preclude a 
  3.7   person from bringing any other action under this chapter or 
  3.8   other law in addition to or instead of requesting a written 
  3.9   opinion.  A government entity, members of a body subject to 
  3.10  chapter 13D, or person that acts in conformity with a written 
  3.11  opinion of the commissioner issued to the government entity, 
  3.12  members, or person or to another party is not liable for 
  3.13  compensatory or exemplary damages or awards of attorneys fees in 
  3.14  actions under section 13.08 or for a penalty under section 13.09 
  3.15  or for fines, awards of attorney fees, or any other penalty 
  3.16  under chapter 13D.  A member of a body subject to chapter 13D is 
  3.17  not subject to forfeiture of office if the member was acting in 
  3.18  reliance on an opinion. 
  3.19     Sec. 3.  [13D.065] [COMMISSIONER'S OPINION.] 
  3.20     A public body that is subject to this chapter or a person 
  3.21  who disagrees with the manner in which members of a public body 
  3.22  perform their duties under this chapter may request a written 
  3.23  opinion from the commissioner of administration under section 
  3.24  13.072.