1.1 	A bill for an act
1.2 	relating to data practices; eliminating an administrative remedy for certain 
1.3 	data practices violations;amending Minnesota Statutes 2012, sections 13.072, 
1.4 	subdivision 2; 13.08, subdivision 4; repealing Minnesota Statutes 2012, section 
1.5 	13.085.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2012, section 13.072, subdivision 2, is amended to read:
1.8 		Subd. 2.Effect. Opinions issued by the commissioner under this section are not 
1.9 	binding on the government entity or members of a body subject to chapter 13D whose 
1.10 	data or performance of duties is the subject of the opinion, but an opinion described in 
1.11 	subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a 
1.12 	proceeding involving the data. The commissioner shall arrange for public dissemination 
1.13 	of opinions issued under this section, and shall indicate when the principles stated in 
1.14 	an opinion are not intended to provide guidance to all similarly situated persons or 
1.15 	government entities. This section does not preclude a person from bringing any other 
1.16 	action under this chapter or other law in addition to or instead of requesting a written 
1.17 	opinion. A government entity, members of a body subject to chapter 13D, or person that 
1.18 	acts in conformity with a written opinion of the commissioner issued to the government 
1.19 	entity, members, or person or to another party is not liable for compensatory or exemplary 
1.20 	damages or awards of attorneys fees in actions for violations arising under section 13.08 
1.21 	or 13.085, or for a penalty under section 13.09 or for fines, awards of attorney fees, or 
1.22 	any other penalty under chapter 13D. A member of a body subject to chapter 13D is not 
1.23 	subject to forfeiture of office if the member was acting in reliance on an opinion.

1.24 	Sec. 2. Minnesota Statutes 2012, section 13.08, subdivision 4, is amended to read:
2.1 		Subd. 4.Action to compel compliance. (a) Actions to compel compliance may be 
2.2 	brought either under this subdivision or section 13.085. For actions under this subdivision,
2.3 	 In addition to the remedies provided in subdivisions 1 to 3 or any other law, any aggrieved 
2.4 	person seeking to enforce the person's rights under this chapter or obtain access to data 
2.5 	may bring an action in district court to compel compliance with this chapter and may 
2.6 	recover costs and disbursements, including reasonable attorney's fees, as determined by 
2.7 	the court. If the court determines that an action brought under this subdivision is frivolous 
2.8 	and without merit and a basis in fact, it may award reasonable costs and attorney fees to 
2.9 	the responsible authority. If the court issues an order to compel compliance under this 
2.10 	subdivision, the court may impose a civil penalty of up to $1,000 against the government 
2.11 	entity. This penalty is payable to the state general fund and is in addition to damages 
2.12 	under subdivision 1. The matter shall be heard as soon as possible. In an action involving 
2.13 	a request for government data under section 13.03 or 13.04, the court may inspect in 
2.14 	camera the government data in dispute, but shall conduct its hearing in public and in a 
2.15 	manner that protects the security of data classified as not public. If the court issues an 
2.16 	order to compel compliance under this subdivision, the court shall forward a copy of the 
2.17 	order to the commissioner of administration.
2.18 	(b) In determining whether to assess a civil penalty under this subdivision, the court 
2.19 	or other tribunal shall consider whether the government entity has substantially complied 
2.20 	with general data practices under this chapter, including but not limited to, whether the 
2.21 	government entity has:
2.22 	(1) designated a responsible authority under section 13.02, subdivision 16;
2.23 	(2) designated a data practices compliance official under section 13.05, subdivision 
2.24 	13;
2.25 	(3) prepared the public document that names the responsible authority and describes 
2.26 	the records and data on individuals that are maintained by the government entity under 
2.27 	section 13.05, subdivision 1;
2.28 	(4) developed public access procedures under section 13.03, subdivision 2; 
2.29 	procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and 
2.30 	procedures to ensure that data on individuals are accurate and complete and to safeguard 
2.31 	the data's security under section 13.05, subdivision 5;
2.32 	(5) acted in conformity with an opinion issued under section 13.072 that was sought 
2.33 	by a government entity or another person; or
2.34 	(6) provided ongoing training to government entity personnel who respond to 
2.35 	requests under this chapter.
3.1 	(c) The court shall award reasonable attorney fees to a prevailing plaintiff who has 
3.2 	brought an action under this subdivision if the government entity that is the defendant in 
3.3 	the action was also the subject of a written opinion issued under section 13.072 and the 
3.4 	court finds that the opinion is directly related to the cause of action being litigated and that 
3.5 	the government entity did not act in conformity with the opinion.

3.6 	Sec. 3.  REPEALER.
 3.7 	Minnesota Statutes 2012, section 13.085, is repealed.

3.8 	Sec. 4. EFFECTIVE DATE.
 3.9 	Sections 1 to 3 are effective the day following final enactment, and apply to actions 
3.10 	commenced on or after that date.