1.1 A bill for an act
1.2 relating to data practices; reducing filing fee for data practices complaints; amending
1.3 Minnesota Statutes 2024, section 13.085, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2024, section 13.085, subdivision 2, is amended to read:
1.6 Subd. 2.Complaints.(a) A complaint alleging a violation of this chapter for which an
1.7order to compel compliance is requested may be filed with the office. An action to compel
1.8compliance does not include procedures pursuant to section 13.04, subdivision 4 or 4a.
1.9 (b) The complaint must be filed with the office within two years after the occurrence of
1.10the act or failure to act that is the subject of the complaint, except that if the act or failure
1.11to act involves concealment or misrepresentation by the government entity that could not
1.12be discovered during that period, the complaint may be filed with the office within one year
1.13after the concealment or misrepresentation is discovered.
1.14 (c) The complaint must be made in writing, submitted under oath, and detail the factual
1.15basis for the claim that a violation of law has occurred. The office may prescribe a standard
1.16form for the complaint. The complaint must be accompanied by a filing fee of $1,000 $200
1.17or a bond to guarantee the payment of this fee.
1.18 (d) Upon receipt of a filed complaint, the office must immediately notify the respondent
1.19and, if known, the applicable responsible authority for the government entity, if the
1.20responsible authority is not otherwise named as the respondent. The office must provide
1.21the respondent with a copy of the complaint by the most expeditious means available. Notice
1.22to a responsible authority must be delivered by certified mail. The office must also notify,
1Section 1.
REVISOR VH/AD 25-0104012/27/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 414
NINETY-FOURTH SESSION
Authored by Franson02/13/2025
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1to the extent practicable, any individual or entity that is the subject of all or part of the data
2.2in dispute.
2.3 (e) The office must notify the commissioner of administration of an action filed under
2.4this section. Proceedings under this section must be dismissed if a request for an opinion
2.5from the commissioner was accepted on the matter under section 13.072 before the complaint
2.6was filed, and the complainant's filing fee must be refunded.
2.7 (f) The respondent must file a response to the complaint within 15 business days of
2.8receipt of the notice. For good cause shown, the office may extend the time for filing a
2.9response.
2Section 1.
REVISOR VH/AD 25-0104012/27/24