HF 3367

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; modifying provisions of the open meeting law;
providing for attorney fees; amending Minnesota Statutes 2006, sections
13D.05, subdivision 1; 13D.06, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapter 13D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 13D.05, subdivision 1, is amended to read:

Subdivision 1.

General principles.

(a) Except as provided in this chapter, meetings
may not be closed to discuss data that are not public data.

(b) Data that are not public data may be discussed at a meeting subject to this chapter
without liability or penalty, if the disclosure relates to a matter within the scope of the
public body's authority and is reasonably necessary to conduct the business or agenda item
before the public body.

(c) Data discussed at an open meeting retain the data's original classification;
however, a record of the meeting, regardless of form, shall be public.

new text begin (d) All closed meetings, except those closed as permitted by the attorney-client
privilege, shall be recorded at the expense of the public body. Unless otherwise provided
by law, the recordings shall be preserved for at least three years after the date of the
meeting.
new text end

Sec. 2.

Minnesota Statutes 2006, section 13D.06, subdivision 4, is amended to read:

Subd. 4.

Other remedies; requirements; limits.

(a) In addition to other remedies,
the court may award reasonable costs, disbursements, and reasonable attorney fees of up
to $13,000 to any party in an action under this chapter.

(b) The court may award costs and attorney fees to a defendant only if the court finds
that the action under this chapter was frivolous and without merit.

(c) A public body may pay any costs, disbursements, or attorney fees incurred by or
awarded against any of its members in an action under this chapter.

(d) No monetary penalties deleted text begin or attorney fees deleted text end may be awarded against a member of a
public body unless the court finds that there was a specific intent to violate this chapter.

new text begin (e) The court shall award reasonable attorney fees to a prevailing plaintiff who has
brought an action under this section if the government entity that is the defendant in the
action was also the subject of a prior written opinion issued under section 13.072, and the
court finds that the opinion is directly related to the cause of action being litigated and that
the government entity did not act in conformity with the opinion.
new text end

Sec. 3.

new text begin [13D.065] DEFERENCE TO COMMISSIONER'S OPINIONS.
new text end

new text begin A court shall give deference to an opinion issued by the commissioner of
administration under section 13.072, in a proceeding brought under this chapter.
new text end