HF 1977

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government data; clarifying language 
  1.3             relating to opinions issued by the commissioner of 
  1.4             administration; abolishing statutory administrative 
  1.5             remedies; amending Minnesota Statutes 2000, sections 
  1.6             13.072, subdivision 2; 13.08, subdivision 4; repealing 
  1.7             Minnesota Statutes 2000, section 13.081. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 13.072, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [EFFECT.] Opinions issued by the commissioner 
  1.12  under this section are not binding on the state agency, 
  1.13  statewide system, or political subdivision whose data is the 
  1.14  subject of the opinion, but must be given deference by a court 
  1.15  in a proceeding involving the data.  The commissioner shall 
  1.16  arrange for public dissemination of opinions issued under this 
  1.17  section.  This section does not preclude a person from bringing 
  1.18  any other action under this chapter or other law in addition to 
  1.19  or instead of requesting a written opinion.  A state agency, 
  1.20  statewide system, political subdivision, government entity or 
  1.21  person that acts in conformity with a written opinion of the 
  1.22  commissioner issued to the government entity or person or to 
  1.23  another party is not liable for compensatory or exemplary 
  1.24  damages or awards of attorneys fees in actions under section 
  1.25  13.08 or for a penalty under section 13.09. 
  1.26     Sec. 2.  Minnesota Statutes 2000, section 13.08, 
  2.1   subdivision 4, is amended to read: 
  2.2      Subd. 4.  [ACTION TO COMPEL COMPLIANCE.] (a) In addition to 
  2.3   the remedies provided in subdivisions 1 to 3 or any other law, 
  2.4   any aggrieved person seeking to enforce the person's rights 
  2.5   under this chapter or obtain access to data may bring an action 
  2.6   in district court to compel compliance with this chapter and may 
  2.7   recover costs and disbursements, including reasonable attorney's 
  2.8   fees, as determined by the court.  If the court determines that 
  2.9   an action brought under this subdivision is frivolous and 
  2.10  without merit and a basis in fact, it may award reasonable costs 
  2.11  and attorney fees to the responsible authority.  If the court 
  2.12  issues an order to compel compliance under this subdivision, the 
  2.13  court may impose a civil penalty of up to $300 against the 
  2.14  government entity.  This penalty is payable to the state general 
  2.15  fund and is in addition to damages under subdivision 1.  The 
  2.16  matter shall be heard as soon as possible.  In an action 
  2.17  involving a request for government data under section 13.03 or 
  2.18  13.04, the court may inspect in camera the government data in 
  2.19  dispute, but shall conduct its hearing in public and in a manner 
  2.20  that protects the security of data classified as not public.  If 
  2.21  the court issues an order to compel compliance under this 
  2.22  subdivision, the court shall forward a copy of the order to the 
  2.23  commissioner of administration. 
  2.24     (b) In determining whether to assess a civil penalty under 
  2.25  this subdivision, the court shall consider whether the 
  2.26  government entity has substantially complied with general data 
  2.27  practices under this chapter, including but not limited to, 
  2.28  whether the government entity has:  
  2.29     (1) designated a responsible authority under section 13.02, 
  2.30  subdivision 16; 
  2.31     (2) designated a data practices compliance official under 
  2.32  section 13.05, subdivision 13; 
  2.33     (3) prepared the public document that names the responsible 
  2.34  authority and describes the records and data on individuals that 
  2.35  are maintained by the government entity under section 13.05, 
  2.36  subdivision 1; 
  3.1      (4) developed public access procedures under section 13.03, 
  3.2   subdivision 2; procedures to guarantee the rights of data 
  3.3   subjects under section 13.05, subdivision 8; and procedures to 
  3.4   ensure that data on individuals are accurate and complete and to 
  3.5   safeguard the data's security under section 13.05, subdivision 
  3.6   5; 
  3.7      (5) sought an oral, written, or electronic opinion from the 
  3.8   commissioner of administration related to the matter at issue 
  3.9   and acted in conformity with that opinion or acted in conformity 
  3.10  with an opinion issued under section 13.072 that was sought by 
  3.11  another person; or 
  3.12     (6) provided ongoing training to government entity 
  3.13  personnel who respond to requests under this chapter. 
  3.14     Sec. 3.  [REPEALER.] 
  3.15     Minnesota Statutes 2000, section 13.081, is repealed.