1.1    .................... moves to amend H.F. No. 3553, the first committee engrossment,
1.2as follows:
1.3Page 3, after line 3, insert:

1.4    "Sec. 2. Minnesota Statutes 2006, section 13.08, subdivision 1, is amended to read:
1.5    Subdivision 1. Action for damages. Notwithstanding section 466.03, a responsible
1.6authority or government entity which violates any provision of this chapter is liable to a
1.7person or representative of a decedent who suffers any damage as a result of the violation,
1.8and the person damaged or a representative in the case of private data on decedents or
1.9confidential data on decedents may bring an action against the responsible authority or
1.10government entity to cover any damages sustained, plus costs and reasonable attorney
1.11fees. In the case of a willful violation, the government entity shall, in addition, be liable
1.12to exemplary damages of not less than $100 $5,000, nor more than $10,000 $50,000 for
1.13each violation. The state is deemed to have waived any immunity to a cause of action
1.14brought under this chapter.

1.15    Sec. 3. Minnesota Statutes 2007 Supplement, section 13.08, subdivision 4, is amended
1.16to read:
1.17    Subd. 4. Action to compel compliance. (a) In addition to the remedies provided in
1.18subdivisions 1 to 3 or any other law, any aggrieved person seeking to enforce the person's
1.19rights under this chapter or obtain access to data may bring an action in district court to
1.20compel compliance with this chapter and may recover costs and disbursements, including
1.21reasonable attorney's fees, as determined by the court. If the court determines that an action
1.22brought under this subdivision is frivolous and without merit and a basis in fact, it may
1.23award reasonable costs and attorney fees to the responsible authority. If the court issues an
1.24order to compel compliance under this subdivision, the court may impose a civil penalty
1.25of up to $300 $3,000 against the government entity. This penalty is payable to the state
1.26general fund and is in addition to damages under subdivision 1. The matter shall be heard
2.1as soon as possible. In an action involving a request for government data under section
2.213.03 or 13.04, the court may inspect in camera the government data in dispute, but shall
2.3conduct its hearing in public and in a manner that protects the security of data classified as
2.4not public. If the court issues an order to compel compliance under this subdivision, the
2.5court shall forward a copy of the order to the commissioner of administration.
2.6    (b) In determining whether to assess a civil penalty under this subdivision, the court
2.7shall consider whether the government entity has substantially complied with general
2.8data practices under this chapter, including but not limited to, whether the government
2.9entity has:
2.10    (1) designated a responsible authority under section 13.02, subdivision 16;
2.11    (2) designated a data practices compliance official under section 13.05, subdivision
2.13    (3) prepared the public document that names the responsible authority and describes
2.14the records and data on individuals that are maintained by the government entity under
2.15section 13.05, subdivision 1;
2.16    (4) developed public access procedures under section 13.03, subdivision 2;
2.17procedures to guarantee the rights of data subjects under section 13.05, subdivision 8; and
2.18procedures to ensure that data on individuals are accurate and complete and to safeguard
2.19the data's security under section 13.05, subdivision 5;
2.20    (5) acted in conformity with an opinion issued under section 13.072 that was sought
2.21by a government entity or another person; or
2.22    (6) provided ongoing training to government entity personnel who respond to
2.23requests under this chapter.
2.24    (c) The court shall award reasonable attorney fees to a prevailing plaintiff who has
2.25brought an action under this subdivision if the government entity that is the defendant in
2.26the action was also the subject of a written opinion issued under section 13.072 and the
2.27court finds that the opinion is directly related to the cause of action being litigated and that
2.28the government entity did not act in conformity with the opinion. "
2.29Renumber the sections in sequence and correct the internal references
2.30Amend the title accordingly