1.1 	A bill for an act
1.2 	relating to data practices; clarifying the length of time allowed for giving notice;
1.3 	amending Minnesota Statutes 2004, section 13.072, subdivision 1.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2004, section 13.072, subdivision 1, is amended to read:
1.6 		Subdivision 1.Opinion; when required. (a) Upon request of a government entity, 
1.7 	the commissioner may give a written opinion on any question relating to public access 
1.8 	to government data, rights of subjects of data, or classification of data under this chapter 
1.9 	or other Minnesota statutes governing government data practices. Upon request of any 
1.10 	person who disagrees with a determination regarding data practices made by a government 
1.11 	entity, the commissioner may give a written opinion regarding the person's rights as a 
1.12 	subject of government data or right to have access to government data.
1.13 	(b) Upon request of a body subject to chapter 13D, the commissioner may give a 
1.14 	written opinion on any question relating to the body's duties under chapter 13D. Upon 
1.15 	request of a person who disagrees with the manner in which members of a governing body 
1.16 	perform their duties under chapter 13D, the commissioner may give a written opinion 
1.17 	on compliance with chapter 13D. A governing body or person requesting an opinion 
1.18 	under this paragraph must pay the commissioner a fee of $200. Money received by the 
1.19 	commissioner under this paragraph is appropriated to the commissioner for the purposes 
1.20 	of this section.
1.21 	(c) If the commissioner determines that no opinion will be issued, the commissioner 
1.22 	shall give the government entity or body subject to chapter 13D or person requesting 
1.23 	the opinion notice of the decision not to issue the opinion within five businessdays of 
2.1 	receipt of the request. If this notice is not given, the commissioner shall issue an opinion 
2.2 	within 20 days of receipt of the request.
2.3 	(d) For good cause and upon written notice to the person requesting the opinion, 
2.4 	the commissioner may extend this deadline for one additional 30-day period. The notice 
2.5 	must state the reason for extending the deadline. The government entity or the members 
2.6 	of a body subject to chapter 13D must be provided a reasonable opportunity to explain the 
2.7 	reasons for its decision regarding the data or how they perform their duties under chapter 
2.8 	13D. The commissioner or the government entity or body subject to chapter 13D may 
2.9 	choose to give notice to the subject of the data concerning the dispute regarding the data 
2.10 	or compliance with chapter 13D.
2.11 	(e) This section does not apply to a determination made by the commissioner of 
2.12 	health under section  13.3805, subdivision 1, paragraph (b), or  144.6581. 
2.13 	(f) A written opinion issued by the attorney general shall take precedence over an 
2.14 	opinion issued by the commissioner under this section.