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SF794 (Legislative Session 94 (2025-2026))

Government Data Practices Act violation of the Official Records Act penalties and remedies extension provision

Related bill: HF390

AI Generated Summary

Purpose

This bill aims to extend the penalties and remedies that currently apply under the Government Data Practices Act to also apply to violations of the Official Records Act. In short, it shifts or broadens enforcement to ensure violations of official public records are treated with the same seriousness as failures related to government data practices.

Main Provisions

  • Adds a new subdivision (Subd. 5) to Minnesota Statutes 2024 section 15.17.
  • The new subdivision specifies that the enforcement penalties, remedies, and procedures used for violations of the Government Data Practices Act will also apply to violations of the Official Records Act.
  • States that the remedies, procedures, and penalties found in sections 13.08 and 13.085 apply to a violation of this new section.

Changes to Existing Law

  • Expands the scope of enforcement in the Official Records Act by linking it to the enforcement framework of the Government Data Practices Act.
  • Creates a unified set of penalties and remedies for violations of both acts, using the same legal processes and potential consequences.

Enforcement Framework and Penalties

  • Requires that the procedures and penalties described in sections 13.08 and 13.085 govern violations of the Official Records Act under this new subdivision.
  • This means violators could face similar enforcement actions as those for improper handling or disclosure of government data, including potential penalties and remedies stipulated in those sections.

Practical Implications

  • Public entities and individuals handling official records may be held to stricter or more consistent enforcement standards.
  • The bill aims to deter violations of the Official Records Act by applying established data-practices enforcement mechanisms.

Relevant Terms - Government Data Practices Act - Official Records Act - enforcement penalties - remedies - procedures - violation - Minnesota Statutes 2024 section 15.17 - subdivision (Subd. 5) - Sections 13.08 and 13.085 - apply to a violation of this section

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
January 30, 2025SenateActionIntroduction and first reading
January 30, 2025SenateActionReferred toJudiciary and Public Safety
March 24, 2025SenateActionComm report: To pass as amended and re-refer toState and Local Government

Citations

 
[
  {
    "analysis": {
      "added": [
        "Adds Minnesota Statutes 2024 section 15.17, subdivision 5 (Subd.5) detailing enforcement penalties and the applicability of sections 13.08 and 13.085 to violations of this section."
      ],
      "removed": [],
      "summary": "This bill adds Minnesota Statutes 2024 section 15.17, subdivision 5, to establish enforcement penalties and to apply the remedies and penalties from sections 13.08 and 13.085 to violations of this section.",
      "modified": [
        "Amends Minnesota Statutes 2024 section 15.17 by adding Subd.5."
      ]
    },
    "citation": "15.17",
    "subdivision": "Subd.5"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cited as a source of remedies and penalties applicable to violations referenced in the bill.",
      "modified": []
    },
    "citation": "13.08",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Cited as a source of remedies and penalties applicable to violations referenced in the bill.",
      "modified": []
    },
    "citation": "13.085",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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