.................... moves to amend H.F. No. 3367 as follows:
Delete everything after the enacting clause and insert:
"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.
1.12 (d) All closed meetings, except those closed as permitted by the attorney-client
1.13privilege, shall be recorded at the expense of the public body. Unless otherwise provided
1.14by law, the recordings shall be preserved for at least three years after the date of the
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
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.
2.1 (e) The court shall award reasonable attorney fees to a prevailing plaintiff who has
2.2brought an action under this section if the government entity that is the defendant in the
2.3action was also the subject of a prior written opinion issued under section 13.072, and the
2.4court finds that the opinion is directly related to the cause of action being litigated and that
2.5the government entity did not act in conformity with the opinion.
Sec. 3. [13D.065] DEFERENCE TO COMMISSIONER'S OPINIONS.
2.7 A court shall give deference to an opinion issued by the commissioner of
2.8administration under section 13.072, in a proceeding brought under this chapter.
Amend the title accordingly