language to be deleted (2) new language
relating to the open meeting law; requiring closed meetings to be recorded; granting attorney fees in certain cases;
amending Minnesota Statutes 2006, sections 13D.05, subdivision 1; 13D.06, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
(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.
(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 or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate this chapter.
Presented to the governor May 14, 2008
Signed by the governor May 16, 2008, 4:09 p.m.