1.1.................... moves to amend H.F. No. 2899 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 13.072, subdivision 2, is amended to read:
1.4    Subd. 2. Effect. Opinions issued by the commissioner under this section are not
1.5binding on the government entity or members of a body subject to chapter 13D whose
1.6data or performance of duties is the subject of the opinion, but an opinion described in
1.7subdivision 1, paragraph (a), must be given deference by a court or other tribunal in a
1.8proceeding involving the data. The commissioner shall arrange for public dissemination of
1.9opinions issued under this section. This section does not preclude a person from bringing
1.10any other action under this chapter or other law in addition to or instead of requesting a
1.11written opinion. A government entity, members of a body subject to chapter 13D, or
1.12person that acts in conformity with a written opinion of the commissioner issued to the
1.13government entity, members, or person or to another party is not liable for compensatory
1.14or exemplary damages or awards of attorneys fees in actions for violations arising under
1.15section 13.08 or 13.085, or for a penalty under section 13.09 or for fines, awards of attorney
1.16fees, or any other penalty under chapter 13D. A member of a body subject to chapter 13D
1.17is not subject to forfeiture of office if the member was acting in reliance on an opinion.

1.18    Sec. 2. Minnesota Statutes 2008, section 13.08, subdivision 4, is amended to read:
1.19    Subd. 4. Action to compel compliance. (a) Actions to compel compliance may be
1.20brought under section 13.085 or this subdivision. For actions under this subdivision, in
1.21addition to the remedies provided in subdivisions 1 to 3 or any other law, any aggrieved
1.22person seeking to enforce the person's rights under this chapter or obtain access to data
1.23may bring an action in district court to compel compliance with this chapter and may
1.24recover costs and disbursements, including reasonable attorney's fees, as determined by
1.25the court. If the court determines that an action brought under this subdivision is frivolous
1.26and without merit and a basis in fact, it may award reasonable costs and attorney fees to
2.1the responsible authority. If the court issues an order to compel compliance under this
2.2subdivision, the court may impose a civil penalty of up to $1,000 against the government
2.3entity. This penalty is payable to the state general fund and is in addition to damages
2.4under subdivision 1. The matter shall be heard as soon as possible. In an action involving
2.5a request for government data under section 13.03 or 13.04, the court may inspect in
2.6camera the government data in dispute, but shall conduct its hearing in public and in a
2.7manner that protects the security of data classified as not public. If the court issues an
2.8order to compel compliance under this subdivision, the court shall forward a copy of the
2.9order to the commissioner of administration.
2.10    (b) In determining whether to assess a civil penalty under this subdivision, the court
2.11or other tribunal shall consider whether the government entity has substantially complied
2.12with general data practices under this chapter, including but not limited to, whether the
2.13government entity has:
2.14    (1) designated a responsible authority under section 13.02, subdivision 16;
2.15    (2) designated a data practices compliance official under section 13.05, subdivision
2.1613 ;
2.17    (3) prepared the public document that names the responsible authority and describes
2.18the records and data on individuals that are maintained by the government entity under
2.19section 13.05, subdivision 1;
2.20    (4) developed public access procedures under section 13.03, subdivision 2;
2.21procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and
2.22procedures to ensure that data on individuals are accurate and complete and to safeguard
2.23the data's security under section 13.05, subdivision 5;
2.24    (5) acted in conformity with an opinion issued under section 13.072 that was sought
2.25by a government entity or another person; or
2.26    (6) provided ongoing training to government entity personnel who respond to
2.27requests under this chapter.
2.28    (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
2.29brought an action under this subdivision if the government entity that is the defendant in
2.30the action was also the subject of a written opinion issued under section 13.072 and the
2.31court finds that the opinion is directly related to the cause of action being litigated and that
2.32the government entity did not act in conformity with the opinion.

2.33    Sec. 3. [13.085] ADMINISTRATIVE REMEDY.
2.34    Subdivision 1. Definition. As used in this section, "office" means the Office of
2.35Administrative Hearings.
3.1    Subd. 2. Complaints. (a) A complaint alleging a violation of this chapter for which
3.2an order to compel compliance is requested may be filed with the office. An action to
3.3compel compliance does not include procedures pursuant to section 13.04, subdivisions
3.44 or 4a. An action may not be filed under this section in matters involving requests for
3.5educational data classified under section 13.32.
3.6(b) The complaint must be filed with the office within two years after the occurrence
3.7of the act or failure to act that is the subject of the complaint, except that if the act or
3.8failure to act involves concealment or misrepresentation that could not be discovered
3.9during that period, the complaint may be filed with the office within one year after the
3.10concealment or misrepresentation is discovered.
3.11(c) The complaint must be made in writing, submitted under oath, and detail the
3.12factual basis for the claim that a violation of law has occurred. The office may prescribe
3.13a standard form for the complaint. The complaint must be accompanied by a filing fee
3.14of $1,000 or a bond to guarantee the payment of this fee.
3.15(d) Upon receipt of a filed complaint, the office must immediately notify the
3.16respondent and, if known, the applicable responsible authority, if the responsible authority
3.17is not otherwise named as the respondent. The office must provide the respondent with a
3.18copy of the complaint by the most expeditious means available. Notice to a responsible
3.19authority must be delivered by certified mail. The office must also notify, to the extent
3.20practicable, any individual or entity that is the subject of all or part of the data in dispute.
3.21(e) The office must notify the commissioner of administration of an action filed
3.22under this section. Proceedings under this section must be dismissed if a request for an
3.23opinion from the commissioner was accepted on the matter under section 13.072 before
3.24the complaint was filed, and the complainant's filing fee must be refunded.
3.25(f) The respondent must file a response to the complaint within 15 business days of
3.26receipt of the notice. For good cause shown, the office may extend the time for filing a
3.27response.
3.28    Subd. 3. Probable cause review. (a) The chief administrative law judge must assign
3.29an administrative law judge to review each complaint. Within 20 business days after a
3.30response is filed, or the respondent's time to file the response, including any extension,
3.31has expired, the administrative law judge must make a preliminary determination for
3.32its disposition as follows:
3.33(1) If the administrative law judge determines that the complaint and any timely
3.34reply of the respondent agency do not present sufficient facts to believe that a violation of
3.35this chapter has occurred, the complaint must be dismissed.
4.1(2) If the administrative law judge determines that the complaint and any timely
4.2reply of the respondent agency do present sufficient facts to believe that a violation of this
4.3chapter has occurred, the judge must schedule a hearing as provided in subdivision 4.
4.4(b) The office must notify all parties of the determination made under paragraph
4.5(a). The notice must provide as follows:
4.6(1) If the complaint is scheduled for a hearing, the notice must identify the time and
4.7place of the hearing and inform all parties that they may submit evidence, affidavits,
4.8documentation, and argument for consideration by the administrative law judge.
4.9(2) If the complaint is dismissed for failure to present sufficient facts to believe that
4.10a violation of this chapter has occurred, the notice must inform the parties of the right
4.11of the complainant to seek reconsideration of the decision on the record by the chief
4.12administrative law judge, as provided in paragraph (c).
4.13(c) A petition for reconsideration may be filed no later than five business days after a
4.14complaint is dismissed for failure to present sufficient facts to believe that a violation of
4.15this chapter has occurred. The chief administrative law judge must review the petition and
4.16make a final ruling within ten business days after its receipt. If the chief administrative
4.17law judge determines that the assigned administrative law judge made a clear error, the
4.18chief administrative law judge must schedule the matter for a hearing as provided in
4.19subdivision 4.
4.20    Subd. 4. Hearing; procedure. (a) A hearing on a complaint must be held within 30
4.21business days after the parties are notified that a hearing will be held. An oral hearing
4.22to resolve questions of law may be waived upon consent of all parties and the presiding
4.23administrative law judge. For good cause shown, the judge may delay the date of a hearing
4.24by no more than ten business days. The judge may continue a hearing to enable the parties
4.25to submit additional evidence or testimony.
4.26(b) The administrative law judge must consider any evidence and argument
4.27submitted until the hearing record is closed, including affidavits and documentation.
4.28(c) All hearings, and any records relating to the hearing, must be open to the public,
4.29except that the judge may inspect in camera any government data in dispute and shall
4.30otherwise conduct the hearing and maintain records in a manner that protects the security
4.31of data classified or alleged to be classified as not public. A hearing may be conducted
4.32by conference telephone call or interactive audio/video system, at the discretion of the
4.33presiding judge, and upon consent of all parties.
4.34    Subd. 5. Disposition. (a) Following a hearing, the judge must determine whether
4.35the violation alleged in the complaint occurred and must make at least one of the following
4.36dispositions. The judge may:
5.1(1) dismiss the complaint;
5.2(2) find that an act or failure to act constituted a violation of this chapter;
5.3(3) impose a civil penalty against the respondent of up to $300;
5.4(4) issue an order compelling the respondent to comply with a provision of law that
5.5has been violated, including the establishment of a deadline for production of data, if
5.6necessary; and
5.7(5) refer the complaint to the appropriate prosecuting authority for consideration
5.8of criminal charges.
5.9(b) In determining whether to assess a civil penalty, the office shall consider the
5.10factors described in section 13.08, subdivision 4.
5.11(c) The judge must dispose of a complaint within ten business days after the hearing
5.12record closes. The chief administrative law judge shall provide for public dissemination
5.13of orders issued under this section. If the judge determines that a government entity has
5.14violated a provision of law and issues an order to compel compliance, the office shall
5.15forward a copy of the order to the commissioner of administration. Any order issued
5.16pursuant to this section is enforceable through the district court for the district in which
5.17the respondent is located.
5.18(d) A party aggrieved by a final decision on a complaint filed under this section
5.19is entitled to judicial review as provided in sections 14.63 to 14.69. Proceedings on a
5.20complaint are not a contested case within the meaning of chapter 14 and are not otherwise
5.21governed by chapter 14.
5.22(e) A decision of the office under this section is not controlling in any subsequent
5.23action on the same matter for damages or other relief brought in district court.
5.24(f) A government entity or person that releases not public data pursuant to an
5.25order under this section is immune from civil and criminal liability for that release. A
5.26government entity or person that acts in conformity with an order issued under this
5.27section to the government entity or to any other person is not liable for compensatory or
5.28exemplary damage or awards of attorney fees for acting in conformity with that order in
5.29actions under this section or section 13.08, or for a penalty under section 13.09.
5.30    Subd. 6. Costs; attorney fees. (a) A rebuttable presumption shall exist that a
5.31complainant who substantially prevails on the merits in an action brought under this
5.32section is entitled to an award of reasonable attorney fees, not to exceed $5,000. An
5.33award of attorney's fees may be denied if the judge determines that the violation is merely
5.34technical or that there is a genuine uncertainty about the meaning of the governing law.
5.35(b) Reasonable attorney fees, not to exceed $5,000, must be awarded to a
5.36substantially prevailing plaintiff if the government entity that is the respondent in the
6.1action was also the subject of a written opinion issued under section 13.072 and the
6.2administrative law judge finds that the opinion is directly related to the matter in dispute
6.3and that the government entity did not act in conformity with the opinion.
6.4(c) The office shall refund the filing fee of a substantially prevailing complainant
6.5in full, less $50, and the office's costs in conducting the matter shall be billed to the
6.6respondent, not to exceed $1,000.
6.7(d) A complainant that does not substantially prevail on the merits shall be entitled
6.8to a refund of the filing fee, less any costs incurred by the office in conducting the matter.
6.9(e) If the administrative law judge determines that a complaint is frivolous, or
6.10brought for purposes of harassment, the judge must order that the complainant pay the
6.11respondent's reasonable attorney fees, not to exceed $5,000. The complainant shall not be
6.12entitled to a refund of the filing fee.
6.13    Subd. 7. Special account; appropriation. Proceeds collected by the office from
6.14filing fees and bonds submitted under this section shall be deposited into a special account
6.15and are appropriated to the office for use in administering the requirements of this section.

6.16    Sec. 4. EFFECTIVE DATE.
6.17This act is effective August 1, 2010, and applies to actions commenced on or after
6.18that date."
6.19Amend the title accordingly