Journal of the House - 40th Day - Friday, April 16, 2021 - Top of Page 4441

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-SECOND SESSION - 2021

 

_____________________

 

FORTIETH DAY

 

Saint Paul, Minnesota, Friday, April 16, 2021

 

 

      The House of Representatives convened at 9:30 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.

 

      Prayer was offered by the Reverend Dianne Haulcy, Liberty Community Church, Minneapolis, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Akland

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Gruenhagen

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Boe, Jurgens and Xiong, T., were excused.

 

      Kiel was excused until 12:35 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 40th Day - Friday, April 16, 2021 - Top of Page 4442

REPORTS OF CHIEF CLERK

 

      S. F. No. 958 and H. F. No. 1524, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Sundin moved that S. F. No. 958 be substituted for H. F. No. 1524 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 972 and H. F. No. 1031, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Stephenson moved that S. F. No. 972 be substituted for H. F. No. 1031 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

      S. F. No. 1098 and H. F. No. 1342, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Noor moved that S. F. No. 1098 be substituted for H. F. No. 1342 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 640, A bill for an act relating to public safety; requiring local units of government to establish law enforcement citizen oversight councils; specifying powers and duties of the councils and the responsibilities of local authorities toward them; appropriating money; amending Minnesota Statutes 2020, section 626.89, subdivisions 2, 17; proposing coding for new law in Minnesota Statutes, chapter 626.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2020, section 626.89, subdivision 2, is amended to read:

 

Subd. 2.  Applicability.  The procedures and provisions of this section apply to law enforcement agencies and government units.  The procedures and provisions of this section do not apply to:

 

(1) investigations by civilian review boards, commissions, or other oversight bodies; or

 

(2) investigations of criminal charges against an officer.

 

Sec. 2.  Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:

 

Subd. 17.  Civilian review.  (a) As used in this subdivision, the following terms have the meanings provided:

 

(1) "civilian oversight council" means a civilian review board, commission, or other oversight body established by a local unit of government to provide civilian oversight of a law enforcement agency and officers employed by the agency; and


Journal of the House - 40th Day - Friday, April 16, 2021 - Top of Page 4443

(2) "misconduct" means a violation of law, standards promulgated by the Peace Officer Standards and Training Board, or agency policy.

 

(b) A local unit of government may establish a civilian review board, commission, or other oversight body shall not have council and grant the council the authority to make a finding of fact or determination regarding a complaint against an officer or impose discipline on an officer.  A civilian review board, commission, or other oversight body may make a recommendation regarding the merits of a complaint, however, the recommendation shall be advisory only and shall not be binding on nor limit the authority of the chief law enforcement officer of any unit of government.

 

(c) At the conclusion of any criminal investigation or prosecution, if any, a civilian oversight council may conduct an investigation into allegations of peace officer misconduct and retain an investigator to facilitate an investigation.  Subject to other applicable law, a council may subpoena or compel testimony and documents in an investigation.  Upon completion of an investigation, a council may make a finding of misconduct and recommend appropriate discipline against peace officers employed by the agency.  If the governing body grants a council the authority, the council may impose discipline on peace officers employed by the agency.  A council shall submit investigation reports that contain findings of peace officer misconduct to the chief law enforcement officer and the Peace Officer Standards and Training Board's complaint committee.  A council may also make policy recommendations to the chief law enforcement officer and the Peace Officer Standards and Training Board.

 

(d) The chief law enforcement officer of a law enforcement agency under the jurisdiction of a civilian oversight council shall cooperate with the council and facilitate the council's achievement of its goals.  However, the officer is under no obligation to agree with individual recommendations of the council and may oppose a recommendation.  If the officer fails to implement a recommendation that is within the officer's authority, the officer shall inform the council of the failure along with the officer's underlying reasons.

 

(e) Peace officer discipline decisions imposed pursuant to the authority granted under this subdivision shall be subject to the applicable grievance procedure established or agreed to under chapter 179A.

 

(f) Data collected, created, received, maintained, or disseminated by a civilian oversight council related to an investigation of a peace officer are personnel data as defined by section 13.43, subdivision 1, and are governed by that section."

 

Delete the title and insert:

 

"A bill for an act relating to public safety; permitting local unit of government to establish civilian oversight council for oversight of law enforcement; amending Minnesota Statutes 2020, section 626.89, subdivisions 2, 17."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with House Concurrent Resolution No. 4, H. F. No. 640 was re‑referred to the Committee on Rules and Legislative Administration.


Journal of the House - 40th Day - Friday, April 16, 2021 - Top of Page 4444

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 1078, A bill for an act relating to public safety; modifying certain provisions of law related to public safety; law enforcement; adult and juvenile corrections; community supervision; rehabilitation; criminal sexual conduct; crime; sentencing; community safety; crime victims; child protection background checks; emergency response; fire safety; providing for task forces and working groups; providing for rulemaking; requiring reports; providing for criminal penalties; appropriating money for public safety, sentencing guidelines, corrections, Peace Officer Standards and Training (POST) Board, Private Detective Board, Ombudsperson for Corrections, supreme court, and public defense; amending Minnesota Statutes 2020, sections 13.41, subdivision 3; 13.411, by adding a subdivision; 152.32, by adding a subdivision; 169A.55, subdivisions 2, 4; 169A.60, subdivision 13; 171.06, subdivision 3; 171.29, subdivision 1; 171.30, subdivision 1; 171.306, subdivisions 2, 4; 214.10, subdivision 11; 241.01, subdivision 3a; 241.016; 241.021, subdivisions 1, 2a, 2b, by adding subdivisions; 241.025, subdivisions 1, 2, 3; 243.166, subdivisions 1b, 4b; 243.48, subdivision 1; 243.52; 244.03; 244.05, subdivisions 1b, 4, 5, by adding a subdivision; 244.065; 244.09, subdivisions 5, 6, by adding a subdivision; 244.101, subdivision 1; 244.19, subdivision 3; 244.195, subdivision 2; 253B.18, subdivision 5a; 253D.14, subdivisions 2, 3, by adding a subdivision; 260B.163, subdivision 1; 260B.176, subdivision 2, by adding a subdivision; 260C.007, subdivision 6; 299A.01, subdivision 2; 299A.52, subdivision 2; 299A.55; 299C.60; 299C.61, subdivisions 2, 4, by adding subdivisions; 299C.62, subdivisions 1, 2, 3, 4, 6; 299C.63; 299C.72; 299C.80, subdivision 3; 299N.04, subdivisions 1, 2, by adding subdivisions; 340A.504, subdivision 7; 401.025, subdivision 1; 401.06; 403.02, subdivision 16; 403.03, subdivision 1; 403.07, subdivision 2; 403.11, subdivision 1; 403.21, subdivisions 3, 12; 403.36, subdivision 1; 480A.06, subdivision 4; 609.03; 609.106, subdivision 2, by adding a subdivision; 609.1095, subdivision 1; 609.115, by adding subdivisions; 609.131, subdivision 2; 609.14, subdivision 1, by adding a subdivision; 609.2231, subdivision 4; 609.2233; 609.2325; 609.322, subdivisions 1, 1a; 609.324, subdivisions 1, 2, 4; 609.3241; 609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3455; 609.3459; 609.352, subdivision 4; 609.527, subdivision 3; 609.595, subdivisions 1a, 2; 609.605, subdivision 2; 609.66, subdivision 1e; 609.749, subdivision 3; 609A.01; 609A.02, subdivision 3, by adding a subdivision; 609A.025; 609A.03, subdivisions 5, 7, 7a, 9; 611A.03, subdivision 1; 611A.039, subdivision 1; 611A.06, subdivision 1; 611A.51; 611A.52, subdivisions 3, 4, 5; 611A.53; 611A.54; 611A.55; 611A.56; 611A.57, subdivisions 5, 6; 611A.60; 611A.61; 611A.612; 611A.66; 611A.68, subdivisions 2a, 4, 4b, 4c; 624.712, subdivision 5; 626.14; 626.5531, subdivision 1; 626.842, subdivision 2; 626.843, subdivision 1; 626.8435; 626.845, subdivision 3; 626.8451, subdivision 1; 626.8457, subdivision 3; 626.8459; 626.8469, subdivision 1, by adding a subdivision; 626.8473, subdivision 3; 626.8475; 626.89, subdivisions 2, 17; 626.93, by adding a subdivision; 628.26; Laws 2016, chapter 189, article 4, section 7; Laws 2017, chapter 95, article 1, section 11, subdivision 7; article 3, section 30; Laws 2020, Second Special Session chapter 1, sections 9; 10; Laws 2020, Fifth Special Session chapter 3, article 9, section 6; Laws 2020, Seventh Special Session chapter 2, article 2, section 4; proposing coding for new law in Minnesota Statutes, chapters 241; 243; 244; 260B; 299A; 299F; 326B; 604A; 609; 609A; 626; 641; repealing Minnesota Statutes 2020, sections 253D.14, subdivision 4; 609.293, subdivisions 1, 5; 609.324, subdivision 3; 609.34; 609.36; 611A.0385.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

JUDICIARY APPROPRIATIONS

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2022" and "2023" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.  "The first year" is fiscal year 2022.  "The second year" is fiscal year 2023.  "The biennium" is fiscal years 2022 and 2023.


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APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2022

2023

 

Sec. 2.  SUPREME COURT

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$61,132,000

 

$61,780,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Supreme Court Operations

 

44,204,000

 

43,582,000

 

(a) Contingent Account

 

$5,000 each year is for a contingent account for expenses necessary for the normal operation of the court for which no other reimbursement is provided.

 

(b) Insurance Cost Increases

 

$306,000 in fiscal year 2022 and $661,000 in fiscal year 2023 are to fund increases in insurance costs.

 

(c) Increased Compensation

 

$1,139,000 in fiscal year 2023 is for increased compensation for judges and other employees.

 

(d) Minnesota Court Record Online Application

 

$741,000 in fiscal year 2022 is to fund critical improvements to the Minnesota Court Record Online application.  This is a onetime appropriation.

 

(e) Cybersecurity Program

 

$375,000 in fiscal year 2022 is to fund critical improvements to the judiciary branch cybersecurity program.  This is a onetime appropriation.

 

(f) Courthouse Safety

 

$1,000,000 in fiscal year 2022 is for a competitive grant program established by the chief justice for the distribution of safe and secure courthouse fund grants to governmental entities responsible for providing or maintaining a courthouse or other facility where court proceedings are held.  Grant recipients must provide a 50 percent nonstate match.  This is a onetime appropriation and is available until June 30, 2024.


Journal of the House - 40th Day - Friday, April 16, 2021 - Top of Page 4446

Subd. 3.  Civil Legal Services

 

16,928,000

 

18,198,000

 

(a) Legal Services to Low-Income Clients in Family Law Matters

 

$1,017,000 each year is to improve the access of low-income clients to legal representation in family law matters.  This appropriation must be distributed under Minnesota Statutes, section 480.242, to the qualified legal services program described in Minnesota Statutes, section 480.242, subdivision 2, paragraph (a).  Any unencumbered balance remaining in the first year does not cancel and is available in the second year.

 

(b) Base Adjustment

 

The base appropriation for civil legal services shall be $18,387,000 in fiscal year 2024 and beyond.

 

Sec. 3.  COURT OF APPEALS

 

$13,234,000

 

$13,634,000

 

(a) Insurance Cost Increases

 

$71,000 in fiscal year 2022 and $155,000 in fiscal year 2023 are to fund increases in insurance costs.

 

(b) Increased Compensation

 

$316,000 in fiscal year 2023 is for increased compensation for judges and other employees.

 

Sec. 4.  DISTRICT COURTS

 

$320,509,000

 

$330,704,000

 

(a) Insurance Cost Increases

 

$2,425,000 in fiscal year 2022 and $5,232,000 in fiscal year 2023 are to fund increases in insurance costs.

 

(b) Increased Compensation

 

$7,421,000 in fiscal year 2023 is for increased compensation for judges and other employees.

 

(c) Interpreter Compensation

 

$400,000 in fiscal year 2022 and $400,000 in fiscal year 2023 are to increase hourly fees paid to qualified certified and uncertified interpreters who are independent contractors and assist persons disabled in communication in legal proceedings.


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Sec. 5.  GUARDIAN AD LITEM BOARD

 

$22,206,000

 

$22,889,000

 

Sec. 6.  TAX COURT

 

$1,827,000

 

$1,841,000

 

Sec. 7.  UNIFORM LAWS COMMISSION

 

$100,000

 

$100,000

 

 

Sec. 8.  BOARD ON JUDICIAL STANDARDS

 

$580,000

 

$586,000

 

(a) Availability of Appropriation

 

If the appropriation for either year is insufficient, the appropriation for the other fiscal year is available.

 

(b) Major Disciplinary Actions

 

$125,000 each year is for special investigative and hearing costs for major disciplinary actions undertaken by the board.  This appropriation does not cancel.  Any unencumbered and unspent balances remain available for these expenditures until June 30, 2025.

 

Sec. 9.  BOARD OF PUBLIC DEFENSE

 

$109,770,000

 

$112,468,000

 

(a) Public Defense Corporations

 

$74,000 the first year and $152,000 the second year are for increases to public defense corporations.

 

(b) Postconviction Relief Petitions

 

$187,000 in fiscal year 2022 is for contract attorneys to represent individuals who file postconviction relief petitions.

 

Sec. 10.  HUMAN RIGHTS

 

$5,668,000

 

$5,768,000

 

Additional Staffing and Administrative Costs

 

$345,000 in fiscal year 2022 and $350,000 in fiscal year 2023 are for improving caseload processing, costs associated with prohibiting rental discrimination, staff and administrative costs necessary to collect and report on crimes of bias, and to develop training materials with the Board of Peace Officer Standards and Training.

 

Sec. 11.  OFFICE OF THE STATE AUDITOR

 

$64,000

 

$30,000

 

Forfeiture Reporting

 

$64,000 in fiscal year 2022 and $30,000 in fiscal year 2023 are for costs associated with forfeiture reporting requirements.


Journal of the House - 40th Day - Friday, April 16, 2021 - Top of Page 4448

Sec. 12.  DEPARTMENT OF PUBLIC SAFETY

 

$24,000

 

$-0-

 

Forfeiture Notices

 

$24,000 in fiscal year 2022 is for costs for technological upgrades required for generating forfeiture notices and property receipts.

 

Sec. 13.  FEDERAL FUNDS REPLACEMENT; APPROPRIATION.

 

Notwithstanding any law to the contrary, the commissioner of management and budget must determine whether the expenditures authorized under this article are eligible uses of federal funding received under the Coronavirus State Fiscal Recovery Fund or any other federal funds received by the state under the American Rescue Plan Act, Public Law 117-2.  If the commissioner of management and budget determines an expenditure is eligible for funding under Public Law 117-2, the amount of the eligible expenditure is appropriated from the account where those amounts have been deposited and the corresponding general fund amounts appropriated under this act are canceled to the general fund.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 2

PUBLIC SAFETY APPROPRIATIONS

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2022" and "2023" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.  "The first year" is fiscal year 2022.  "The second year" is fiscal year 2023.  "The biennium" is fiscal years 2022 and 2023.  Appropriations for the fiscal year ending June 30, 2021, are effective the day following final enactment.

 

 

APPROPRIATIONS

Available for the Year

Ending June 30

 

 

 

2021

2022

2023

 

Sec. 2.  SENTENCING GUIDELINES

 

$826,000

 

$851,000

 

Information on Probation

 

$86,000 each year is to collect, prepare, analyze, and disseminate information about probation practices.

 

Sec. 3.  PUBLIC SAFETY

 

 

 

 

 

Subdivision 1.  Total Appropriation

$1,380,000

 

$232,135,000

 

$228,551,000


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Appropriations by Fund

 

 

 

2021

 

2022

2023

 

General

1,365,000

145,161,000

142,704,000

 

Special Revenue

 

14,901,000

14,502,000

 

State Government Special Revenue

 

 

103,000

 

103,000

 

Environmental

 

73,000

73,000

 

Trunk Highway

 

3,981,000

3,262,000

 

911 Fund

 

67,897,000

67,888,000

 

Opioid Fund

15,000

19,000

19,000

 

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Emergency Management

 

6,000,000

 

6,156,000

 

Appropriations by Fund

 

General

5,927,000

6,083,000

Environmental

73,000

73,000

 

(a) Emergency Management Grants; Report

 

$3,000,000 each year is for the director of the Homeland Security and Emergency Management Division (HSEM) to award grants in equal amounts to emergency management departments in the 87 counties, 11 federally recognized Tribes, and four cities of the first class for planning and preparedness activities, including capital purchases.  This amount is a onetime appropriation.  Local emergency management departments must make a request to HSEM for these grants.  Current local funding for emergency management and preparedness activities may not be supplanted by these additional state funds.

 

By March 15, 2023, the commissioner of public safety must submit a report on the grant awards to the chairs and ranking minority members of the legislative committees with jurisdiction over emergency management and preparedness activities.  At a minimum, the report must summarize grantee activities and identify grant recipients.

 

(b) Supplemental Nonprofit Security Grants

 

$225,000 each year is for supplemental nonprofit security grants under this paragraph.

 

Nonprofit organizations whose applications for funding through the Federal Emergency Management Agency's nonprofit security grant program have been approved by the Division of Homeland


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Security and Emergency Management are eligible for grants under this paragraph.  No additional application shall be required for grants under this paragraph, and an application for a grant from the federal program is also an application for funding from the state supplemental program.

 

Eligible organizations may receive grants of up to $75,000, except that the total received by any individual from both the federal nonprofit security grant program and the state supplemental nonprofit security grant program shall not exceed $75,000.  Grants shall be awarded in an order consistent with the ranking given to applicants for the federal nonprofit security grant program.  No grants under the state supplemental nonprofit security grant program shall be awarded until the announcement of the recipients and the amount of the grants awarded under the federal nonprofit security grant program.

 

The commissioner may use up to one percent of the appropriation received under this paragraph to pay costs incurred by the department in administering the supplemental nonprofit security grant program.  These appropriations are onetime.

 

Subd. 3.  Criminal Apprehension

1,261,000

 

80,118,000

 

79,968,000

 

Appropriations by Fund

 

General

1,246,000

76,111,000

73,680,000

State Government Special Revenue

 

 

7,000

 

7,000

Trunk Highway

 

3,981,000

3,262,000

Opioid Fund

15,000

19,000

19,000

 

(a) DWI Lab Analysis; Trunk Highway Fund

 

Notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $3,981,000 the first year and $3,262,000 the second year are from the trunk highway fund for staff and operating costs for laboratory analysis related to driving-while-impaired cases.

 

(b) Cybersecurity

 

$2,955,000 the first year and $2,605,000 the second year are for identity and access management, critical infrastructure upgrades, and Federal Bureau of Investigation audit compliance.  The base for this is $1,050,000 in fiscal years 2024 and 2025.

 

(c) Rapid DNA Program

 

$285,000 each year is from the general fund for the Rapid DNA Program.


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(d) Responding to Civil Unrest

 

$539,000 in fiscal year 2021 and $539,000 in fiscal year 2022 is from the general fund for costs related to responding to civil unrest.  This is a onetime appropriation.

 

(e) National Guard Sexual Assault Investigations

 

$160,000 each year is for investigation of criminal sexual conduct allegations filed against members of the Minnesota National Guard by another member of the Minnesota National Guard.  This appropriation is added to the agency's base.

 

(f) Predatory Offender Statutory Framework Working Group

 

$131,000 the first year is to convene, administer, and implement the predatory offender statutory framework working group.

 

(g) Automatic Expungement

 

$1,248,000 the first year is for costs associated with providing automatic expungements.

 

(h) Salary Increases; Special Agents

 

$524,000 in fiscal year 2021 is appropriated for Bureau of Criminal Apprehension special agent salary increases.  In each of fiscal years 2022 and 2023, $717,000 is appropriated for this purpose.  This amount is in addition to the base appropriation for this purpose.

 

(i) Salary Increases; Special Agents

 

$15,000 in fiscal year 2021 is appropriated from the opiate epidemic response fund for Bureau of Criminal Apprehension special agent salary increases.  In each of fiscal years 2022 and 2023, $19,000 is appropriated from the opiate epidemic response fund for this purpose.  This amount is in addition to the base appropriation for this purpose.

 

(j) Emergency COVID-19 Sick Leave

 

$183,000 in fiscal year 2021 is for emergency COVID-19 sick leave.  This funding is onetime.

 

(k) Body Cameras

 

$397,000 the first year and $205,000 the second year are to purchase body cameras for peace officers employed by the Bureau of Criminal Apprehension and to maintain the necessary hardware, software, and data.


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(l) Criminal Alert Network; Alzheimer's and Dementia

 

$200,000 the first year is for the criminal alert network to increase membership, reduce the registration fee, and create additional alert categories, including at a minimum a dementia and Alzheimer's disease specific category.

 

Subd. 4.  Fire Marshal

 

8,752,000

 

8,818,000

 

Appropriations by Fund

 

General

178,000

178,000

Special Revenue

8,574,000

8,640,000

 

The special revenue fund appropriation is from the fire safety account in the special revenue fund and is for activities under Minnesota Statutes, section 299F.012.  The base appropriation from this account is $8,740,000 in fiscal year 2024 and $8,640,000 in fiscal year 2025.

 

(a) Inspections

 

$350,000 each year is for inspection of nursing homes and boarding care facilities.

 

(b) Hazmat and Chemical Assessment Teams

 

$950,000 the first year and $850,000 the second year are from the fire safety account in the special revenue fund.  These amounts must be used to fund the hazardous materials and chemical assessment teams.  Of this amount, $100,000 the first year is for cases for which there is no identified responsible party.  The base appropriation is $950,000 in fiscal year 2024 and $850,000 in fiscal year 2025.

 

(c) Bomb Squad Reimbursements

 

$50,000 each year is from the general fund for reimbursements to local governments for bomb squad services.

 

(d) Emergency Response Teams

 

$675,000 each year is from the fire safety account in the special revenue fund to maintain four emergency response teams:  one under the jurisdiction of the St. Cloud Fire Department or a similarly located fire department if necessary; one under the jurisdiction of the Duluth Fire Department; one under the jurisdiction of the St. Paul Fire Department; and one under the jurisdiction of the Moorhead Fire Department.


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Subd. 5.  Firefighter Training and Education Board

 

5,792,000

 

5,792,000

 

Appropriations by Fund

 

Special Revenue

5,792,000

5,792,000

 

The special revenue fund appropriation is from the fire safety account in the special revenue fund and is for activities under Minnesota Statutes, section 299F.012.

 

(a) Firefighter Training and Education

 

 

 

 

 

$4,500,000 each year is for firefighter training and education.

 

(b) Task Force 1

 

$975,000 each year is for the Minnesota Task Force 1.

 

(c) Air Rescue

 

$317,000 each year is for the Minnesota Air Rescue Team.

 

(d) Unappropriated Revenue

 

 

 

 

 

Any additional unappropriated money collected in fiscal year 2021 is appropriated to the commissioner of public safety for the purposes of Minnesota Statutes, section 299F.012.  The commissioner may transfer appropriations and base amounts between activities in this subdivision.

 

Subd. 6.  Alcohol and Gambling Enforcement

 

119,000

 

 

2,648,000

 

 

2,598,000

 

Appropriations by Fund

 

General

119,000

2,578,000

2,528,000

Special Revenue

 

70,000

70,000

 

$70,000 each year is from the lawful gambling regulation account in the special revenue fund.

 

(a) Legal Costs

 

$93,000 the first year is for legal costs associated with Alexis Bailly Vineyard, Inc. v. Harrington.  This is a onetime appropriation.

 

(b) Responding to Civil Unrest

 

$86,000 in fiscal year 2021 and $71,000 in fiscal year 2022 are from the general fund for costs related to responding to civil unrest.  This is a onetime appropriation.


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(c) Salary Increases; Special Agents

 

$33,000 in fiscal year 2021 is appropriated for Alcohol and Gambling Enforcement Division special agent salary increases.  In each of fiscal years 2022 and 2023, $44,000 is appropriated for this purpose.  This amount is in addition to the base appropriation for this purpose.

 

(d) Body Cameras

 

$16,000 each year is to purchase body cameras for peace officers employed by the Alcohol and Gambling Enforcement Division and to maintain the necessary hardware, software, and data.

 

Subd. 7.  Office of Justice Programs

 

60,463,000

 

60,331,000

 

Appropriations by Fund

 

General

60,367,000

60,235,000

State Government Special Revenue

96,000

96,000

 

(a) Combatting Sex Trafficking Grants

 

$1,000,000 each year is for an antitrafficking investigation coordinator and to implement new or expand existing strategies to combat sex trafficking.

 

(b) Survivor Support and Prevention Grants

 

$6,000,000 each year is for grants to victim survivors and to fund emerging or unmet needs impacting victims of crime, particularly in underserved populations.  The ongoing base for this program shall be $1,500,000 beginning in fiscal year 2024.

 

(c) Minnesota Heals Program

 

$1,500,000 each year is to establish and maintain the Minnesota Heals program.  Of this amount, $500,000 each year is for a statewide critical incident stress management service for first responders; $500,000 each year is for grants for establishing and maintaining a community healing network; and $500,000 each year is for reimbursement for burial costs, cultural ceremonies, and mental health and trauma healing services for families following an officer-involved death.

 

(d) Innovation in Community Safety Grants

 

$5,000,000 each year is for innovation in community safety grants administered by the Innovation in Community Safety Coordinator.


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(e) Youth Intervention Program Grants

 

$500,000 the first year and $500,000 the second year are for youth intervention program grants.

 

(f) Racially Diverse Youth in Shelters

 

$150,000 each year is for grants to organizations to address racial disparity of youth using shelter services in the Rochester and St. Cloud regional areas.  A grant recipient shall establish and operate a pilot program to engage in community intervention, family reunification, aftercare, and follow up when family members are released from shelter services.  A pilot program shall specifically address the high number of racially diverse youth that enter shelters in the region.

 

(g) Task Force on Missing and Murdered African American Women

 

$202,000 the first year and $50,000 the second year are to implement the task force on missing and murdered African American women.

 

(h) Body Camera Grant Program

 

$1,000,000 each year is to provide grants to local law enforcement agencies for portable recording systems.  The executive director shall award grants to local law enforcement agencies for the purchase and maintenance of portable recording systems and portable recording system data.  An applicant must provide a 50 percent match to be eligible to receive a grant.  The executive director must give priority to applicants that do not have a portable recording system program.  The executive director must award at least one grant to a law enforcement agency located outside of the seven-county metropolitan area.

 

As a condition of receiving a grant, a law enforcement agency's portable recording system policy required under Minnesota Statutes, section 626.8473, subdivision 3, must include the following provisions:

 

(1) prohibit altering, erasing, or destroying any recording made with a peace officer's portable recording system or data and metadata related to the recording prior to the expiration of the applicable retention period under Minnesota Statutes, section 13.825, subdivision 3, except that the full, unedited, and unredacted recording of a peace officer using deadly force must be maintained indefinitely;

 

(2) mandate that a deceased individual's next of kin, legal representative of the next of kin, or other parent of the deceased individual's children be entitled to view any and all recordings


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from a peace officer's portable recording system, redacted no more than what is required by law, of an officer's use of deadly force no later than 48 hours after an incident where deadly force used by a peace officer results in death of an individual, except that a chief law enforcement officer may deny a request if investigators can articulate a compelling reason as to why allowing the deceased individual's next of kin, legal representative of the next of kin, or other parent of the deceased individual's children to review the recordings would interfere with the agency conducting a thorough investigation.  If the chief law enforcement officer denies a request under this provision, the agency's policy must require the chief law enforcement officer to issue a prompt, written denial and provide notice to the deceased individual's next of kin, legal representative of the next of kin, or other parent of the deceased individual's children that they may seek relief from the district court;

 

(3) mandate release of all recordings of an incident where a peace officer used deadly force and an individual dies to the deceased individual's next of kin, legal representative of the next of kin, and other parent of the deceased individual's children no later than 90 days after the incident; and

 

(4) mandate, whenever practicable, that an officer operating a portable recording system while entering a residence notify occupants of the residence that they are being recorded.

 

(i) Office of Missing and Murdered Indigenous Relatives

 

$500,000 each year is to establish and maintain an office dedicated to reviewing, preventing, and ending the targeting of Indigenous people, disappearance of Indigenous people, and deaths of Indigenous people that occur under suspicious circumstances through coordination with Tribal nations, executive branch agencies and commissions, community organizations, and impacted communities.

 

(j) Opiate Epidemic Response Grants

 

$500,000 each year is for grants to organizations selected by the Opiate Epidemic Response Advisory Council that provide services to address the opioid addiction and overdose epidemic in Minnesota consistent with the priorities in Minnesota Statutes, section 256.042, subdivision 1, paragraph (a), clauses (1) to (4).  Grant recipients must be located outside the seven-county metropolitan area and in areas with disproportionately high incidents of fentanyl overdoses.

 

(k) Prosecutor and Law Enforcement Training

 

$25,000 each year is appropriated to award an annual grant to the Minnesota County Attorneys Association for prosecutor and law enforcement training on increasing diversion alternatives and using evidence-based practices to increase public safety and decrease racial disparities.  This is a onetime appropriation.


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(l) Study on Liability Insurance for Peace Officers

 

$100,000 in the first year is for a grant to an organization with experience in studying issues related to community safety and criminal justice for a study on the effects of requiring peace officers to carry liability insurance.

 

(m) Hometown Heroes Assistance Program

 

$4,000,000 each year is appropriated from the general fund for grants to the Minnesota Firefighter Initiative to fund the hometown heroes assistance program established in Minnesota Statutes, section 299A.477.  This amount shall be added to the agency's base.

 

(n) Administration Costs

 

Up to 2.5 percent of the grant funds appropriated in this subdivision may be used by the commissioner to administer the grant program.

 

Subd. 8.  Emergency Communication Networks

 

67,897,000

 

67,888,000

 

This appropriation is from the state government special revenue fund for 911 emergency telecommunications services.

 

This appropriation includes funds for information technology project services and support subject to the provisions of Minnesota Statutes, section 16E.0466.  Any ongoing information technology costs shall be incorporated into the service level agreement and shall be paid to the Office of MN.IT Services by the Department of Public Safety under the rates and mechanism specified in that agreement.

 

(a) Public Safety Answering Points

 

 

 

 

 

$27,328,000 the first year and $28,011,000 the second year shall be distributed as provided in Minnesota Statutes, section 403.113, subdivision 2.  The base appropriation is $28,011,000 in fiscal year 2024 and $28,011,000 in fiscal year 2025.

 

(b) Medical Resource Communication Centers

 

 

 

 

 

$683,000 the first year is for grants to the Minnesota Emergency Medical Services Regulatory Board for the Metro East and Metro West Medical Resource Communication Centers that were in operation before January 1, 2000.  This is a onetime appropriation.

 

(c) ARMER State Backbone Operating Costs

 

$9,675,000 each year is transferred to the commissioner of transportation for costs of maintaining and operating the statewide radio system backbone.


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(d) ARMER Improvements

 

$1,000,000 each year is to the Statewide Emergency Communications Board for improvements to those elements of the statewide public safety radio and communication system that support mutual aid communications and emergency medical services or provide interim enhancement of public safety communication interoperability in those areas of the state where the statewide public safety radio and communication system is not yet implemented, and grants to local units of government to further the strategic goals set forth by the Statewide Emergency Communications Board strategic plan.

 

(e) 911 Telecommunicator Working Group

 

$9,000 the first year is to convene, administer, and implement the telecommunicator working group.

 

Subd. 9.  Driver and Vehicle Services

 

465,000

 

-0-

 

$465,000 the first year is from the driver services operating account in the special revenue fund for the ignition interlock program under Minnesota Statutes, section 171.306.

 

Sec. 4.  PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD

 

 

 

 

Subdivision 1.  Total Appropriation

 

$12,546,000

 

$12,546,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Peace Officer Training Reimbursements

 

 

 

 

 

$2,949,000 each year is for reimbursements to local governments for peace officer training costs.

 

Subd. 3.  Peace Officer Training Assistance

 

 

 

 

 

(a) Philando Castile Memorial Training Fund

 

$6,000,000 each year is to support and strengthen law enforcement training and implement best practices.  This funding shall be named the "Philando Castile Memorial Training Fund." The base for this program shall be $6,000,000 in fiscal year 2024 and $0 in fiscal year 2025.

 

Each sponsor of a training course is required to include the following in the sponsor's application for approval submitted to the board:  course goals and objectives; a course outline including at a minimum a timeline and teaching hours for all courses; instructor


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qualifications, including skills and concepts such as crisis intervention, de-escalation, and cultural competency that are relevant to the course provided; and a plan for learning assessments of the course and documenting the assessments to the board during review.  Upon completion of each course, instructors must submit student evaluations of the instructor's teaching to the sponsor.

 

The board shall keep records of the applications of all approved and denied courses.  All continuing education courses shall be reviewed after the first year.  The board must set a timetable for recurring review after the first year.  For each review, the sponsor must submit its learning assessments to the board to show that the course is teaching the learning outcomes that were approved by the board.

 

A list of licensees who successfully complete the course shall be maintained by the sponsor and transmitted to the board following the presentation of the course and the completed student evaluations of the instructors.  Evaluations are available to chief law enforcement officers.  The board shall establish a data retention schedule for the information collected in this section.

 

(b) Grant Program for Public Safety Policy and Training Consultant Costs

 

$500,000 each year is for grants to law enforcement agencies to provide reimbursement for the expense of retaining a board‑approved public safety policy and training consultant.  The base appropriation is $1,000,000 in fiscal year 2024 and $1,000,000 in fiscal year 2025.

 

Sec. 5.  PRIVATE DETECTIVE BOARD

 

$282,000

 

$288,000

 

Sec. 6.  CORRECTIONS

 

 

 

 

 

Subdivision 1.  Total Appropriation

$2,384,000

 

$634,883,000

 

$639,916,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Correctional Institutions

2,384,000

 

463,796,000

 

469,470,000

 

(a) Healthy Start Act

 

$200,000 each year is to implement the healthy start act that shall create a release program for pregnant women and new mothers who are committed to the commissioner of corrections by providing alternatives to incarceration and improving parenting skills.


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(b) Prescription Medications

 

$17,000 the first year and $20,000 the second year are to provide a one-month supply of any prescribed, nonnarcotic medications and a prescription for a 30-day supply of these medications that may be refilled twice to inmates at the time of their release.

 

(c) Emergency COVID-19 Sick Leave

 

$2,321,000 in fiscal year 2021 and $2,320,000 in fiscal year 2022 are for emergency COVID-19 sick leave.

 

(d) Juvenile Review Board

 

$50,000 in the second year is for implementation of the Juvenile Review Board.

 

(e) Salary Increases; Fugitive Specialists

 

$63,000 in fiscal year 2021 is for fugitive specialist salary increases.  In each of fiscal years 2022 and 2023, $93,000 is appropriated for this purpose.  This amount is in addition to the base appropriation for this purpose.

 

Subd. 3.  Community Services

 

 

 

140,222,000

 

139,356,000

 

(a) Oversight

 

$992,000 the first year and $492,000 the second year are to expand and improve oversight of jails and other state and local correctional facilities, including the addition of four full-time corrections detention facilities inspectors and funds for county sheriffs who inspect municipal lockups.

 

(b) Juvenile Justice

 

$1,660,000 the first year and $660,000 the second year are to develop and implement a juvenile justice data repository and modernize the current juvenile management system including but not limited to technology and staffing costs.  $285,000 is added to the base in each of fiscal years 2024 and 2025.

 

(c) Community Corrections Act

 

$1,220,000 each year is added to the Community Corrections Act subsidy, as described in Minnesota Statutes, section 401.14.  This is a onetime increase for the biennium and requires the submission of a report to the legislature no later than December 15, 2021, with recommendations from a working group established to study supervision services and funding across the state and develop recommendations.  The base for this appropriation increase is $0 in fiscal year 2024 and $0 in fiscal year 2025.


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The commissioner of corrections shall convene a working group to study and report to the legislature on the attributes and requirements of an effective supervision system.  The report shall describe how the state and counties can achieve an effective supervision system together, balancing local control with state support and collaboration.  The report shall include:  a proposal for sustainable funding of the state's community supervision delivery systems; a plan for the potential of future Tribal government supervision of probationers and supervised releasees; a definition of core or base-level supervision standards in accordance with the state's obligation to fund or provide supervision services which are geographically equitable and reflect the principles of modern correctional practice; a recommended funding model and the associated costs as compared to the state's current investment in those services; alternative funding and delivery models and the alternative models' associated costs when compared with the state's current investment in those services; and mechanisms to ensure balanced application of increases in the cost of community supervision services.

 

The working group shall at a minimum include the following members:  the commissioner of corrections or the commissioner's designee and four other representatives from the Department of Corrections, five directors of the Minnesota Association of Community Corrections Act Counties, five directors of the Minnesota Association of County Probation Offices, three county commissioner representatives from the Association of Minnesota Counties with one from each delivery system, three representatives of the Minnesota Indian Affairs Council Tribal government members, and two district court judge representatives designated by the State Court Administrator.  The working group may include other members and the use of a third-party organization to provide process facilitation, statewide stakeholder engagement, data analysis, programming and supervision assessments, and technical assistance through implementation of the adopted report recommendations. 

 

The report shall be submitted to the chairs and ranking minority members of the house of representatives Public Safety Committee and the senate Judiciary and Finance Committees no later than December 15, 2021.

 

(d) County Probation Officer Reimbursement

 

$101,000 each year is for county probation officers reimbursement, as described in Minnesota Statutes, section 244.19, subdivision 6.  This is a onetime increase for the biennium and requires the submission of a report to the legislature no later than December 15, 2021, with recommendations from a working group established to study supervision services and funding across the state and develop recommendations.  The base for this appropriations increase is $0 in fiscal year 2024 and $0 in fiscal year 2025.


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(e) Probation Supervision Services

 

$1,170,000 each year is for probation supervision services provided by the Department of Corrections in Meeker, Mille Lacs, and Renville Counties as described in Minnesota Statutes, section 244.19, subdivision 1.  The commissioner of corrections shall bill Meeker, Mille Lacs, and Renville Counties for the total cost of and expenses incurred for probation services on behalf of each county, as described in Minnesota Statutes, section 244.19, subdivision 5, and all reimbursements shall be deposited in the general fund.

 

(f) Task Force on Aiding and Abetting Felony Murder

 

$25,000 the first year is to implement the task force on aiding and abetting felony murder.

 

(g) Alternatives to Incarceration

 

$320,000 each year is for funding to Anoka County, Crow Wing County, and Wright County to facilitate access to community treatment options under the alternatives to incarceration program.

 

(h) Task Force on Presentence Investigation Reports

 

$15,000 the first year is to implement the task force on the contents and use of presentence investigation reports and imposition of conditions of probation.

 

(i) Juvenile Justice Report

 

$55,000 the first year and $9,000 the second year are for reporting on extended jurisdiction juveniles.

 

(j) Postrelease Employment for Inmates Grant; Request for Proposals

 

$300,000 the first year is for a grant to a nongovernmental organization to provide curriculum and corporate mentors to inmates and assist inmates in finding meaningful employment upon release from a correctional facility.  By September 1, 2021, the commissioner of corrections must issue a request for proposals.  By December 1, 2021, the commissioner shall award a $300,000 grant to the applicant that is best qualified to provide the programming described in this paragraph.

 

(k) Homelessness Mitigation Plan

 

$12,000 the first year is to develop and implement a homelessness mitigation plan for individuals released from prison.


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(l) Identifying Documents

 

$23,000 the first year and $28,000 the second year are to assist inmates in obtaining a copy of their birth certificates and provide appropriate Department of Corrections identification cards to individuals released from prison.

 

Subd. 4.  Operations Support

 

30,665,000

 

31,090,000

 

(a) Technology

 

$1,566,000 the first year and $1,621,000 the second year are to increase support for ongoing technology needs.

 

(b) Correctional Facilities Security Audit Group

 

$54,000 the first year and $81,000 the second year are for the correctional facilities security audit group to prepare security audit standards, conduct security audits, and prepare required reports.

 

(c) Indeterminate Sentence Release Board

 

$40,000 in each fiscal year is to establish the Indeterminate Sentence Release Board (ISRB) to review eligible cases and make decisions for persons serving indeterminate sentences under the authority of the commissioner of corrections.  The ISRB shall consist of five members including four persons appointed by the governor from two recommendations of each of the majority and minority leaders of the house of representatives and the senate, and the commissioner of corrections who shall serve as chair.

 

Sec. 7.  OMBUDSPERSON FOR CORRECTIONS

 

$659,000

 

$663,000

 

Sec. 8.  SUPREME COURT

 

$545,000

 

$545,000

 

$545,000 each year is for temporary caseload increases resulting from changes to the laws governing expungement of criminal records.

 

Sec. 9.  PUBLIC DEFENSE

 

$25,000

 

$25,000

 

$25,000 each year is for public defender training on increasing diversion alternatives and using evidence-based practices to increase public safety and decrease racial disparities.  This is a onetime appropriation.

 

Sec. 10.  TRANSFERS.

 

$5,265,000 in fiscal year 2022 is transferred from the MINNCOR fund to the general fund.


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Sec. 11.  CANCELLATION; FISCAL YEAR 2021.

 

$345,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First Special Session chapter 5, article 1, section 12, subdivision 1, is canceled.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 3

DISASTER ASSISTANCE

 

Section 1.  APPROPRIATION; DISASTER ASSISTANCE CONTINGENCY ACCOUNT.

 

$30,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of public safety for deposit in the disaster assistance contingency account established under Minnesota Statutes, section 12.221, subdivision 6.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

ARTICLE 4

ACCESS TO COURTS; DISTRIBUTION OF FEES; DEADLINES

 

Section 1.  Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:

 

Subdivision 1.  Description.  Effective July 1, 1959, the state is divided into ten judicial districts composed of the following named counties, respectively, in each of which districts judges shall be chosen as hereinafter specified:

 

1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe and one other shall be maintained at the place designated by the chief judge of the district;

 

2.  Ramsey; 26 judges;

 

3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert Lea, Austin, Rochester, and Winona;

 

4.  Hennepin; 60 judges;

 

5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 17 judges; and permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;

 

6.  Carlton, St. Louis, Lake, and Cook; 15 judges;

 

7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus Falls, Little Falls, and St. Cloud;

 

8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers shall be maintained in Morris, Montevideo, and Willmar;

 

9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and


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10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places designated by the chief judge of the district.

 

Sec. 2.  Minnesota Statutes 2020, section 260C.163, subdivision 3, is amended to read:

 

Subd. 3.  Appointment of counsel.  (a) The child, parent, guardian or custodian has the right to effective assistance of counsel in connection with a proceeding in juvenile court as provided in this subdivision.

 

(b) Except in proceedings where the sole basis for the petition is habitual truancy, if the child desires counsel but is unable to employ it, the court shall appoint counsel to represent the child who is ten years of age or older under section 611.14, clause (4), or other counsel at public expense.

 

(c) Except in proceedings where the sole basis for the petition is habitual truancy, if the parent, guardian, or custodian desires counsel but is unable to employ it, the court shall appoint counsel to represent the parent, guardian, or custodian in any case in which it feels that such an appointment is appropriate if the person would be financially unable to obtain counsel under the guidelines set forth in section 611.17. In all juvenile protection proceedings where a child risks removal from the care of the child's parent, guardian, or custodian, including a child in need of protection or services petition, an action pursuing removal of a child from the child's home, a termination of parental rights petition, or a petition for any other permanency disposition under section 260C.515, if the parent, guardian, or custodian desires counsel and is eligible for counsel under section 611.17, the court shall appoint counsel to represent each parent, guardian, or custodian at the first hearing on the petition and at all stages of the proceedings.  Court appointed counsel shall be at county expense as outlined in paragraph (h).

 

(d) In any proceeding where the subject of a petition for a child in need of protection or services is ten years of age or older, the responsible social services agency shall, within 14 days after filing the petition or at the emergency removal hearing under section 260C.178, subdivision 1, if the child is present, fully and effectively inform the child of the child's right to be represented by appointed counsel upon request and shall notify the court as to whether the child desired counsel.  Information provided to the child shall include, at a minimum, the fact that counsel will be provided without charge to the child, that the child's communications with counsel are confidential, and that the child has the right to participate in all proceedings on a petition, including the opportunity to personally attend all hearings.  The responsible social services agency shall also, within 14 days of the child's tenth birthday, fully and effectively inform the child of the child's right to be represented by counsel if the child reaches the age of ten years while the child is the subject of a petition for a child in need of protection or services or is a child under the guardianship of the commissioner.

 

(e) In any proceeding where the sole basis for the petition is habitual truancy, the child, parent, guardian, and custodian do not have the right to appointment of a public defender or other counsel at public expense.  However, before any out-of-home placement, including foster care or inpatient treatment, can be ordered, the court must appoint a public defender or other counsel at public expense in accordance with this subdivision.

 

(f) Counsel for the child shall not also act as the child's guardian ad litem.

 

(g) In any proceeding where the subject of a petition for a child in need of protection or services is not represented by an attorney, the court shall determine the child's preferences regarding the proceedings, including informing the child of the right to appointed counsel and asking whether the child desires counsel, if the child is of suitable age to express a preference.

 

(h) Court-appointed counsel for the parent, guardian, or custodian under this subdivision is at county expense.  If the county has contracted with counsel meeting qualifications under paragraph (i), the court shall appoint the counsel retained by the county, unless a conflict of interest exists.  If a conflict exists, after consulting with the chief judge of the judicial district or the judge's designee, the county shall contract with competent counsel to provide the


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necessary representation.  The court may appoint only one counsel at public expense for the first court hearing to represent the interests of the parents, guardians, and custodians, unless, at any time during the proceedings upon petition of a party, the court determines and makes written findings on the record that extraordinary circumstances exist that require counsel to be appointed to represent a separate interest of other parents, guardians, or custodians subject to the jurisdiction of the juvenile court.

 

(i) Counsel retained by the county under paragraph (h) must meet the qualifications established by the Judicial Council in at least one of the following:  (1) has a minimum of two years' experience handling child protection cases; (2) has training in handling child protection cases from a course or courses approved by the Judicial Council; or (3) is supervised by an attorney who meets the minimum qualifications under clause (1) or (2).

 

EFFECTIVE DATE.  This section is effective July 1, 2022, except the amendment striking paragraph (i) is effective the day following final enactment.

 

Sec. 3.  Minnesota Statutes 2020, section 357.021, subdivision 1a, is amended to read:

 

Subd. 1a.  Transmittal of fees to commissioner of management and budget.  (a) Every person, including the state of Minnesota and all bodies politic and corporate, who shall transact any business in the district court, shall pay to the court administrator of said court the sundry fees prescribed in subdivision 2.  Except as provided in paragraph (d), the court administrator shall transmit the fees monthly to the commissioner of management and budget for deposit in the state treasury and credit to the general fund.  $30 of each fee collected in a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner of management and budget in the special revenue fund and is appropriated to the commissioner of employment and economic development for the Minnesota Family Resiliency Partnership under section 116L.96.

 

(b) In a county which has a screener-collector position, fees paid by a county pursuant to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the fees first to reimburse the county for the amount of the salary paid for the screener-collector position.  The balance of the fees collected shall then be forwarded to the commissioner of management and budget for deposit in the state treasury and credited to the general fund.  In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which has a screener-collector position, the fees paid by a county shall be transmitted monthly to the commissioner of management and budget for deposit in the state treasury and credited to the general fund.  A screener-collector position for purposes of this paragraph is an employee whose function is to increase the collection of fines and to review the incomes of potential clients of the public defender, in order to verify eligibility for that service.

 

(c) No fee is required under this section from the public authority or the party the public authority represents in an action for:

 

(1) child support enforcement or modification, medical assistance enforcement, or establishment of parentage in the district court, or in a proceeding under section 484.702;

 

(2) civil commitment under chapter 253B;

 

(3) the appointment of a public conservator or public guardian or any other action under chapters 252A and 525;

 

(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery of overpayments of public assistance;

 

(5) court relief under chapters 260, 260A, 260B, and 260C;

 

(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;


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(7) recovery of amounts issued by political subdivisions or public institutions under sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, and 260C.331, or other sections referring to other forms of public assistance;

 

(8) restitution under section 611A.04; or

 

(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14, subdivision 5.

 

(d) $20 from each fee collected for child support modifications under subdivision 2, clause (13), must be transmitted to the county treasurer for deposit in the county general fund and $35 from each fee shall be credited to the state general fund.  The fees must be used by the county to pay for child support enforcement efforts by county attorneys.

 

(e) No fee is required under this section from any federally recognized Indian Tribe or its representative in an action for:

 

(1) child support enforcement or modification, medical assistance enforcement, or establishment of parentage in the district court or in a proceeding under section 484.702;

 

(2) civil commitment under chapter 253B;

 

(3) the appointment of a public conservator or public guardian or any other action under chapters 252A and 525; or

 

(4) court relief under chapters 260, 260A, 260B, 260C, and 260D.

 

Sec. 4.  Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:

 

Subd. 2b.  Counties.  (a) For aids payable in 2018 and 2019, the total aid payable under section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section 6.  For aids payable in 2020, the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which $3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section 6.  For aids payable in 2021 through 2024, the total aid payable under section 477A.0124, subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section 6.  For aids payable in 2025 and thereafter, the total aid payable under section 477A.0124, subdivision 3, is $115,795,000.  Each calendar year, On or before the first installment date provided in section 477A.015, paragraph (a), $500,000 of this appropriation shall be retained transferred each year by the commissioner of revenue to make reimbursements to the commissioner of management and budget the Board of Public Defense for payments made the payment of service under section 611.27.  The reimbursements shall be to defray the additional costs associated with court-ordered counsel under section 611.27.  Any retained transferred amounts not used for reimbursement expended or encumbered in a fiscal year shall be certified by the Board of Public Defense to the commissioner of revenue on or before October 1 and shall be included in the next distribution certification of county need aid that is certified to the county auditors for the purpose of property tax reduction for the next taxes payable year.

 

(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision 4, is $130,873,444.  For aids payable in 2020, the total aid under section 477A.0124, subdivision 4, is $143,873,444.  For aids payable in 2021 and thereafter, the total aid under section 477A.0124, subdivision 4, is $145,873,444.  The commissioner of revenue shall transfer to the commissioner of management and budget $207,000 annually for the cost of preparation of local impact notes as required by section 3.987, and other local government activities.  The commissioner of revenue shall transfer to the commissioner of education $7,000 annually for the cost of preparation of local impact notes for school districts as required by section 3.987.  The commissioner of revenue shall deduct the amounts transferred under this paragraph from the appropriation under this paragraph.  The amounts transferred are appropriated to the commissioner of management and budget and the commissioner of education respectively.


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Sec. 5.  Minnesota Statutes 2020, section 484.85, is amended to read:

 

484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.

 

(a) In all cases prosecuted in Ramsey County District Court by an attorney for a municipality or subdivision of government within Ramsey County for violation of a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and forfeitures collected by the court administrator shall be deposited in the state treasury and distributed according to this paragraph.  Except where a different disposition is provided by section 299D.03, subdivision 5, or other law, on or before the last day of each month, the court shall pay over all fines, penalties, and forfeitures collected by the court administrator during the previous month as follows:

 

(1) for offenses committed within the city of St. Paul, two-thirds paid to the treasurer of the city of St. Paul municipality or subdivision of government within Ramsey County and one-third credited to the state general fund; and.

 

(2) for offenses committed within any other municipality or subdivision of government within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of government and one-half credited to the state general fund.

 

All other fines, penalties, and forfeitures collected by the district court shall be distributed by the courts as provided by law.

 

(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a) when:

 

(1) a city contracts with the county attorney for prosecutorial services under section 484.87, subdivision 3; or

 

(2) the attorney general provides assistance to the city attorney under section 484.87, subdivision 5.

 

EFFECTIVE DATE.  This section is effective July 1, 2022.

 

Sec. 6.  Minnesota Statutes 2020, section 590.01, subdivision 4, is amended to read:

 

Subd. 4.  Time limit.  (a) No petition for postconviction relief may be filed more than two years after the later of:

 

(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or

 

(2) an appellate court's disposition of petitioner's direct appeal.

 

(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief if:

 

(1) the petitioner establishes that a physical disability or mental disease precluded a timely assertion of the claim;

 

(2) the petitioner alleges the existence of newly discovered evidence, including scientific evidence, that could not have been ascertained by the exercise of due diligence by the petitioner or petitioner's attorney within the two‑year time period for filing a postconviction petition, and the evidence is not cumulative to evidence presented at trial, is not for impeachment purposes, and establishes by a clear and convincing standard that the petitioner is innocent of the offense or offenses for which the petitioner was convicted;

 

(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory law by either the United States Supreme Court or a Minnesota appellate court and the petitioner establishes that this interpretation is retroactively applicable to the petitioner's case;


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(4) the petition is brought pursuant to subdivision 3; or

 

(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous and is in the interests of justice.; or

 

(6) the petitioner is either placed into immigration removal proceedings, or detained for the purpose of removal from the United States, or received notice to report for removal, as a result of a conviction that was obtained by relying on incorrect advice or absent advice from counsel on immigration consequences.

 

(c) Any petition invoking an exception provided in paragraph (b) must be filed within two years of the date the claim arises.

 

Sec. 7.  Minnesota Statutes 2020, section 611.21, is amended to read:

 

611.21 SERVICES OTHER THAN COUNSEL.

 

(a) Counsel appointed by the court for an indigent defendant, or representing a defendant who, at the outset of the prosecution, has an annual income not greater than 125 percent of the poverty line established under United States Code, title 42, section 9902(2), may file an ex parte application requesting investigative, expert, interpreter, or other services necessary to an adequate defense in the case.  Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the services on behalf of the defendant.  The court may establish a limit on the amount which may be expended or promised for such services.  The court may, in the interests of justice, and upon a finding that timely procurement of necessary services could not await prior authorization, ratify such services after they have been obtained, but such ratification shall be given only in unusual situations.  The court shall determine reasonable compensation for the services and direct payment by the county in which the prosecution originated, to the organization or person who rendered them, upon the filing of a claim for compensation supported by an affidavit specifying the time expended, services rendered, and expenses incurred on behalf of the defendant, and the compensation received in the same case or for the same services from any other source.

 

(b) The compensation to be paid to a person for such service rendered to a defendant under this section, or to be paid to an organization for such services rendered by an employee, may not exceed $1,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the court as necessary to provide fair compensation for services of an unusual character or duration and the amount of the excess payment is approved by the chief judge of the district.  The chief judge of the judicial district may delegate approval authority to an active district judge.

 

(c) If the court denies authorizing counsel to obtain services on behalf of the defendant, the court shall make written findings of fact and conclusions of law that state the basis for determining that counsel may not obtain services on behalf of the defendant.  When the court issues an order denying counsel the authority to obtain services, the defendant may appeal immediately from that order to the court of appeals and may request an expedited hearing.

 

Sec. 8.  Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:

 

Subd. 9.  Request for other appointment of counsel.  The chief district public defender with the approval of may request that the state public defender may request that the chief judge of the district court, or a district court judge designated by the chief judge, authorize appointment of counsel other than the district public defender in such cases.

 

Sec. 9.  Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:

 

Subd. 10.  Addition of permanent staff.  The chief public defender may not request the court nor may the court order state public defender approve the addition of permanent staff under subdivision 7.


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Sec. 10.  Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:

 

Subd. 11.  Appointment of counsel.  If the court state public defender finds that the provision of adequate legal representation, including associated services, is beyond the ability of the district public defender to provide, the court shall order state public defender may approve counsel to be appointed, with compensation and expenses to be paid under the provisions of this subdivision and subdivision 7.  Counsel in such cases shall be appointed by the chief district public defender.  If the court issues an order denying the request, the court shall make written findings of fact and conclusions of law.  Upon denial, the chief district public defender may immediately appeal the order denying the request to the court of appeals and may request an expedited hearing.

 

Sec. 11.  Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:

 

Subd. 13.  Correctional facility inmates.  All billings for services rendered and ordered under subdivision 7 shall require the approval of the chief district public defender before being forwarded on a monthly basis to the state public defender.  In cases where adequate representation cannot be provided by the district public defender and where counsel has been appointed under a court order approved by the state public defender, the state public defender Board of Public Defense shall forward to the commissioner of management and budget pay all billings for services rendered under the court order.  The commissioner shall pay for services from county program aid retained transferred by the commissioner of revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).

 

The costs of appointed counsel and associated services in cases arising from new criminal charges brought against indigent inmates who are incarcerated in a Minnesota state correctional facility are the responsibility of the state Board of Public Defense.  In such cases the state public defender may follow the procedures outlined in this section for obtaining court-ordered counsel.

 

Sec. 12.  Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:

 

Subd. 15.  Costs of transcripts.  In appeal cases and postconviction cases where the appellate public defender's office does not have sufficient funds to pay for transcripts and other necessary expenses because it has spent or committed all of the transcript funds in its annual budget, the state public defender may forward to the commissioner of management and budget all billings for transcripts and other necessary expenses.  The commissioner shall Board of Public Defense may pay for these transcripts and other necessary expenses from county program aid retained transferred by the commissioner of revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).

 

ARTICLE 5

VICTIMS; CRIMINAL DEFENDANTS

 

Section 1.  Minnesota Statutes 2020, section 5B.02, is amended to read:

 

5B.02 DEFINITIONS.

 

(a) For purposes of this chapter and unless the context clearly requires otherwise, the definitions in this section have the meanings given them.

 

(b) "Address" means an individual's work address, school address, or residential street address, as specified on the individual's application to be a program participant under this chapter.

 

(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible minor, or a guardian acting on behalf of an incapacitated person, as defined in section 524.5-102.

 

(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2, paragraph (a), and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.


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(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in section 524.5-102 for whom there is good reason to believe (1) that the eligible person is a victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible person fears for the person's safety, the safety of another person who resides in the same household, or the safety of persons on whose behalf the application is made.  An individual must reside in Minnesota in order to be an eligible person.  A person registered or required to register as a predatory offender under section 243.166 or 243.167, or the law of another jurisdiction, is not an eligible person.

 

(f) "Mail" means first class letters and flats delivered via the United States Postal Service, including priority, express, and certified mail, and excluding packages, parcels, (1) periodicals, and catalogues, and (2) packages and parcels unless they are clearly identifiable as nonrefrigerated pharmaceuticals or clearly indicate that they are sent by the federal government or a state or county government agency of the continental United States, Hawaii, District of Columbia, or United States territories.

 

(g) "Program participant" means an individual certified as a program participant under section 5B.03.

 

(h) "Harassment" or "stalking" means acts criminalized under section 609.749 and includes a threat of such acts committed against an individual, regardless of whether these acts or threats have been reported to law enforcement officers.

 

Sec. 2.  Minnesota Statutes 2020, section 5B.05, is amended to read:

 

5B.05 USE OF DESIGNATED ADDRESS.

 

(a) When a program participant presents the address designated by the secretary of state to any person or entity, that address must be accepted as the address of the program participant.  The person may not require the program participant to submit any address that could be used to physically locate the participant either as a substitute or in addition to the designated address, or as a condition of receiving a service or benefit, unless the service or benefit would be impossible to provide without knowledge of the program participant's physical location.  Notwithstanding a person's or entity's knowledge of a program participant's physical location, the person or entity must use the program participant's designated address for all mail correspondence with the program participant.

 

(b) A program participant may use the address designated by the secretary of state as the program participant's work address.

 

(c) The Office of the Secretary of State shall forward all mail sent to the designated address to the proper program participants.

 

(d) If a program participant has notified a person in writing, on a form prescribed by the program, that the individual is a program participant and of the requirements of this section, the person must not knowingly disclose the program participant's name, home address, work address, or school address, unless the person to whom the address is disclosed also lives, works, or goes to school at the address disclosed, or the participant has provided written consent to disclosure of the participant's name, home address, work address, or school address for the purpose for which the disclosure will be made.  This paragraph applies to the actions and reports of guardians ad litem, except that guardians ad litem may disclose the program participant's name.  This paragraph does not apply to records of the judicial branch governed by rules adopted by the supreme court or government entities governed by section 13.045.

 

Sec. 3.  Minnesota Statutes 2020, section 5B.10, subdivision 1, is amended to read:

 

Subdivision 1.  Display by landlord.  If a program participant has notified the program participant's landlord in writing that the individual is a program participant and of the requirements of this section, a local ordinance or the landlord must not require the display of, and the landlord shall not display, the program participant's name at an address otherwise protected under this chapter.


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Sec. 4.  Minnesota Statutes 2020, section 169.99, subdivision 1c, is amended to read:

 

Subd. 1c.  Notice of surcharge.  All parts of the uniform traffic ticket must give provide conspicuous notice of the fact that, if convicted, the person to whom it was issued must may be required to pay a state-imposed surcharge under section 357.021, subdivision 6, and the current amount of the required surcharge.

 

EFFECTIVE DATE.  This section is effective August 1, 2022.  The changes to the uniform traffic ticket described in this section must be reflected on the ticket the next time it is revised.

 

Sec. 5.  Minnesota Statutes 2020, section 169.99, is amended by adding a subdivision to read:

 

Subd. 1d.  Financial hardship.  The first paragraph on the reverse side of the summons on the uniform traffic ticket must include the following, or substantially similar, language:  "All or part of the cost of this summons may be waived on a showing of indigency or undue hardship on you or your family.  You may schedule a court appearance to request a waiver based on your ability to pay by calling the Minnesota Court Payment Center (CPC) [followed by the Court Payment Center telephone number].  For more information, call the CPC or visit www.mncourts.gov/fines."

 

EFFECTIVE DATE.  This section is effective August 1, 2022.  The changes to the uniform traffic ticket described in this section must be reflected on the ticket the next time it is revised.

 

Sec. 6.  Minnesota Statutes 2020, section 357.021, subdivision 6, is amended to read:

 

Subd. 6.  Surcharges on criminal and traffic offenders.  (a) Except as provided in this paragraph subdivision, the court shall impose and the court administrator shall collect a $75 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle parking, for which there shall be a $12 surcharge.  When a defendant is convicted of more than one offense in a case, the surcharge shall be imposed only once in that case.  In the Second Judicial District, the court shall impose, and the court administrator shall collect, an additional $1 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge.  The surcharge shall be imposed whether or not the person is sentenced to imprisonment or the sentence is stayed.  The surcharge shall not be imposed when a person is convicted of a petty misdemeanor for which no fine is imposed.

 

(b) If the court fails to impose a surcharge as required by this subdivision, the court administrator shall show the imposition of the surcharge, collect the surcharge, and correct the record.

 

(c) (b) The court may not reduce the amount or waive payment of the surcharge required under this subdivision.  Upon on a showing of indigency or undue hardship upon the convicted person or the convicted person's immediate family, the sentencing court may authorize payment of the surcharge in installments.  Additionally, the court may permit the defendant to perform community work service in lieu of a surcharge.

 

(d) (c) The court administrator or other entity collecting a surcharge shall forward it to the commissioner of management and budget.

 

(e) (d) If the convicted person is sentenced to imprisonment and has not paid the surcharge before the term of imprisonment begins, the chief executive officer of the correctional facility in which the convicted person is incarcerated shall collect the surcharge from any earnings the inmate accrues from work performed in the facility or while on conditional release.  The chief executive officer shall forward the amount collected to the court administrator or other entity collecting the surcharge imposed by the court.


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(f) (e) A person who enters a diversion program, continuance without prosecution, continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay the surcharge described in this subdivision.  A surcharge imposed under this paragraph shall be imposed only once per case.

 

(g) (f) The surcharge does not apply to administrative citations issued pursuant to section 169.999.

 

EFFECTIVE DATE.  This section is effective July 1, 2022.

 

Sec. 7.  Minnesota Statutes 2020, section 609.101, subdivision 5, is amended to read:

 

Subd. 5.  Waiver prohibited; reduction and installment payments.  (a) The court may not waive payment of the minimum fine required by this section.

 

(b) If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum fine to not less than $50.  Additionally, the court may permit the defendant to perform community work service in lieu of a fine.

 

(c) The court also may authorize payment of the fine in installments.

 

(d) Before sentencing a person convicted of a felony, gross misdemeanor, misdemeanor, or petty misdemeanor to pay money for a fine, fee, or surcharge, the court shall make a finding on the record as to indigency or the convicted person's ability to comply with an order to pay without undue hardship for the convicted person or that person's immediate family.  In determining indigency or whether the defendant is able to comply with an order to pay a fine, fee, or surcharge without undue hardship to the convicted person or that person's immediate family, the court shall consider:

 

(1) income;

 

(2) dependents;

 

(3) financial resources, including assets and liabilities;

 

(4) basic living expenses;

 

(5) receipt of means-tested public assistance program; and

 

(6) any special circumstances that may bear on the person's ability to pay.

 

(e) Paragraph (d) shall not apply when a conviction for a violation that is included on the uniform fine schedule authorized under section 609.101, subdivision 4, is entered without a hearing before the court.

 

EFFECTIVE DATE.  This section is effective July 1, 2022.

 

Sec. 8.  [611A.95] CERTIFICATIONS FOR VICTIMS OF CRIMES.

 

Subdivision 1.  Definitions.  For purposes of this section, the following terms have the meanings given:

 

(1) "certifying entity" means a state or local law enforcement agency;

 

(2) "criminal activity" means qualifying criminal activity pursuant to section 101(a)(15)(U)(iii) of the Immigration and Nationality Act, and includes the attempt, conspiracy, or solicitation to commit such crimes; and


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(3) "certification" means any certification or statement required by federal immigration law including, but not limited to, the information required by United States Code, title 8, section 1184(p), and United States Code, title 8, section 1184(o), including current United States Citizenship and Immigration Services Form I-918, Supplement B, and United States Citizenship and Immigration Services Form I-914, Supplement B, and any successor forms.

 

Subd. 2.  Certification process.  (a) A certifying entity shall process a certification requested by a victim of criminal activity or a representative of the victim, including but not limited to the victim's attorney, family member, or domestic violence or sexual assault violence advocate, within the time period prescribed in paragraph (b).

 

(b) A certifying entity shall process the certification within 90 days of request, unless the victim is in removal proceedings, in which case the certification shall be processed within 14 days of request.  Requests for expedited certification must be affirmatively raised at the time of the request.

 

(c) An active investigation, the filing of charges, or a prosecution or conviction are not required for the victim of criminal activity to request and obtain the certification.

 

Subd. 3.  Certifying entity; designate agent.  (a) The head of a certifying entity shall designate an agent to perform the following responsibilities:

 

(1) timely process requests for certification;

 

(2) provide outreach to victims of criminal activity to inform them of the entity's certification process; and

 

(3) keep a written or electronic record of all certification requests and responses.

 

(b) All certifying entities shall implement a language access protocol for non-English-speaking victims of criminal activity.

 

Subd. 4.  Disclosure prohibited; data classification.  (a) A certifying entity is prohibited from disclosing the immigration status of a victim of criminal activity or representative requesting the certification, except to comply with federal law or legal process, or if authorized by the victim of criminal activity or representative requesting the certification.

 

(b) Data provided to a certifying entity under this section is classified as private data pursuant to section 13.02, subdivision 12.

 

EFFECTIVE DATE.  Subdivisions 1, 2, and 4 are effective the day following final enactment.  Subdivision 3 is effective July 1, 2021.

 

Sec. 9.  [634.045] JAILHOUSE WITNESSES.

 

Subdivision 1.  Definitions.  (a) As used in this section, the following terms have the meanings given.

 

(b) "Benefit" means any plea bargain, bail consideration, reduction or modification of sentence, or any other leniency, immunity, financial payment, reward, or amelioration of current or future conditions of incarceration offered or provided in connection with, or in exchange for, testimony that is offered or provided by a jailhouse witness.

 

(c) "Jailhouse witness" means a person who (1) while incarcerated, claims to have obtained information from a defendant in a criminal case or a person suspected to be the perpetrator of an offense, and (2) offers or provides testimony concerning statements made by that defendant or person suspected to be the perpetrator of an offense.  It does not mean a codefendant or confidential informant who does not provide testimony against a suspect or defendant.


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Subd. 2.  Use of and benefits provided to jailhouse witnesses; data collection.  (a) Each county attorney shall report to the attorney general, in a form determined by the attorney general:

 

(1) the name of the jailhouse witness and the district court file number of the case in which that witness testified or planned to testify;

 

(2) the substance and use of any testimony of a jailhouse witness against the interest of a suspect or defendant, regardless of whether such testimony is presented at trial; and

 

(3) the jailhouse witness's agreement to cooperate with the prosecution and any benefit that the prosecutor has offered or may offer in the future to the jailhouse witness in connection with the testimony.

 

(b) The attorney general shall maintain a statewide database containing the information received pursuant to paragraph (a) for 20 years from the date that the jailhouse witness information was entered into that statewide record.

 

(c) Data collected and maintained pursuant to this subdivision are classified as confidential data on individuals, as defined in section 13.02, subdivision 3.  Only the attorney general may access the statewide record but shall provide all information held on specific jailhouse witnesses to a county attorney upon request.

 

Subd. 3.  Report on jailhouse witnesses.  By September 15 of each year, beginning in 2022, the attorney general shall publish on its website an annual report of the statewide record of jailhouse witnesses required under subdivision 2.  Information in the report must be limited to summary data, as defined in section 13.02, subdivision 19, and must include:

 

(1) the total number of jailhouse witnesses tracked in the statewide record; and

 

(2) for each county, the number of new reports added pursuant to subdivision 2, paragraph (a), over the previous fiscal year.

 

Subd. 4.  Disclosure of information regarding jailhouse witness.  (a) In addition to the requirements for disclosures under rule 9 of the Rules of Criminal Procedure, and within the timeframes established by that rule, a prosecutor must disclose the following information to the defense about any jailhouse witness:

 

(1) the complete criminal history of the jailhouse witness, including any charges that are pending or were reduced or dismissed as part of a plea bargain;

 

(2) any cooperation agreement with the jailhouse witness and any deal, promise, inducement, or benefit that the state has made or intends to make in the future to the jailhouse witness;

 

(3) whether, at any time, the jailhouse witness recanted any testimony or statement implicating the suspect or defendant in the charged crime and, if so, the time and place of the recantation, the nature of the recantation, and the names of the persons who were present at the recantation;

 

(4) whether, at any time, the jailhouse witness made a statement implicating any other person in the charged crime and, if so, the time and place of the statement, the nature of the statement, and the names of the persons who were present at the statement; and

 

(5) information concerning other criminal cases in which the jailhouse witness has testified, or offered to testify, against a suspect or defendant with whom the jailhouse witness was imprisoned or confined, including any cooperation agreement, deal, promise, inducement, or benefit that the state has made or intends to make in the future to the jailhouse witness.


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(b) A prosecutor has a continuing duty of disclosure before and during trial.  If, after the omnibus hearing held pursuant to rule 11 of the Rules of Criminal Procedure, a prosecutor discovers additional material, information, or witnesses subject to disclosure under this subdivision, the prosecutor must promptly notify the court and defense counsel, or, if the defendant is not represented, the defendant, of what was discovered.  If the court finds that the jailhouse witness was not known or that materials in paragraph (a) could not be discovered or obtained by the state within that period with the exercise of due diligence, the court may order that disclosure take place within a reasonable period.  Upon good cause shown, the court may continue the proceedings.

 

(c) If the prosecutor files a written certificate with the trial court that disclosing the information described in paragraph (a) would subject the jailhouse witness or other persons to physical harm or coercion, the court may order that the information must be disclosed to the defendant's counsel but may limit disclosure to the defendant in a way that does not unduly interfere with the defendant's right to prepare and present a defense, including limiting disclosure to nonidentifying information.

 

Subd. 5.  Victim notification.  (a) A prosecutor shall make every reasonable effort to notify a victim if the prosecutor has decided to offer or provide any of the following to a jailhouse witness in exchange for, or as the result of, a jailhouse witness offering or providing testimony against a suspect or defendant:

 

(1) reduction or dismissal of charges;

 

(2) a plea bargain;

 

(3) support for a modification of the amount or conditions of bail; or

 

(4) support for a motion to reduce or modify a sentence.

 

(b) Efforts to notify the victim should include, in order of priority:  (1) contacting the victim or a person designated by the victim by telephone; and (2) contacting the victim by mail.  If a jailhouse witness is still in custody, the notification attempt shall be made before the jailhouse witness is released from custody.

 

(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct, or harassment or stalking under this section, the prosecutor shall also inform the victim of the method and benefits of seeking an order for protection under section 518B.01 or a restraining order under section 609.748 and that the victim may seek an order without paying a fee.

 

(d) The notification required under this subdivision is in addition to the notification requirements and rights described in sections 611A.03, 611A.0315, 611A.039, and 611A.06.

 

EFFECTIVE DATE.  This section is effective August 1, 2021.

 

ARTICLE 6

HUMAN RIGHTS LAW

 

Section 1.  Minnesota Statutes 2020, section 13.552, is amended by adding a subdivision to read:

 

Subd. 8.  Certificate of compliance for public contracts.  Access to data relating to certificates of compliance for public contracts is governed by section 363A.36.

 

Sec. 2.  [62A.082] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given unless the context clearly requires otherwise.


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(b) "Disability" has the meaning given in section 363A.03, subdivision 12.

 

(c) "Enrollee" means a natural person covered by a health plan or group health plan and includes an insured, policy holder, subscriber, covered person, member, contract holder, or certificate holder.

 

(d) "Organ transplant" means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.

 

Subd. 2.  Transplant discrimination prohibited.  A health plan or group health plan that provides coverage for anatomical gifts, organ transplants, or related treatment and services shall not:

 

(1) deny coverage to an enrollee based on the enrollee's disability;

 

(2) deny eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the health plan or group health plan solely for the purpose of avoiding the requirements of this section;

 

(3) penalize or otherwise reduce or limit the reimbursement of a health care provider, or provide monetary or nonmonetary incentives to a health care provider, to induce the provider to provide care to a patient in a manner inconsistent with this section; or

 

(4) reduce or limit an enrollee's coverage benefits because of the enrollee's disability for medical services and other services related to organ transplantation performed pursuant to this section as determined in consultation with the enrollee's treating health care provider and the enrollee.

 

Subd. 3.  Collective bargaining.  In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement imposed pursuant to this section shall not be treated as a termination of the collective bargaining agreement.

 

Subd. 4.  Coverage limitation.  Nothing in this section shall be deemed to require a health plan or group health plan to provide coverage for a medically inappropriate organ transplant.

 

Sec. 3.  Minnesota Statutes 2020, section 363A.02, subdivision 1, is amended to read:

 

Subdivision 1.  Freedom from discrimination.  (a) It is the public policy of this state to secure for persons in this state, freedom from discrimination:

 

(1) in employment because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age;

 

(2) in housing and real property because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and familial status;

 

(3) in public accommodations because of race, color, creed, religion, national origin, sex, sexual orientation, and disability;

 

(4) in public services because of race, color, creed, religion, national origin, sex, marital status, disability, sexual orientation, and status with regard to public assistance; and

 

(5) in education because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and age.


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(b) Such discrimination threatens the rights and privileges of the inhabitants of this state and menaces the institutions and foundations of democracy.  It is also the public policy of this state to protect all persons from wholly unfounded charges of discrimination.  Nothing in this chapter shall be interpreted as restricting the implementation of positive action programs to combat discrimination.

 

Sec. 4.  Minnesota Statutes 2020, section 363A.06, subdivision 1, is amended to read:

 

Subdivision 1.  Formulation of policies.  (a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:

 

(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;

 

(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;

 

(3) meet and function at any place within the state;

 

(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;

 

(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;

 

(6) obtain upon request and utilize the services of all state governmental departments and agencies;

 

(7) adopt suitable rules for effectuating the purposes of this chapter;

 

(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;

 

(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;

 

(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;

 

(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;

 

(12) make a written report of the activities of the commissioner to the governor each year;

 

(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;

 

(14) create such local and statewide advisory committees as will in the commissioner's judgment aid in effectuating the purposes of the Department of Human Rights;


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(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;

 

(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;

 

(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;

 

(18) make grants in aid to the extent that appropriations are made available for that purpose in aid of carrying out duties and responsibilities; and

 

(19) cooperate and consult with the commissioner of labor and industry regarding the investigation of violations of, and resolution of complaints regarding section 363A.08, subdivision 7.;

 

(20) collaborate and consult with the Board of Peace Officer Standards and Training regarding the training of peace officers in identifying, responding to, and reporting crimes motivated by bias pursuant to sections 626.8451, subdivision 1, and 626.8469, including but not limited to the duty of peace officers to report crimes motivated by bias under section 626.5531; and

 

(21) solicit, receive, and compile reports from community organizations, school districts and charter schools, and individuals regarding crimes a community member or community organization believes are motivated by the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, marital status, status with regard to public assistance, familial status, or disability as defined in section 363A.03, or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, and develop data on the nature and extent of crimes motivated by bias and include this information in the report required under clause (12).  The commissioner shall provide information on the department's website about when and how a victim reports criminal conduct to a law enforcement agency.

 

In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.

 

(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account.  Money in the account is appropriated to the commissioner of human rights to help finance activities of the department.

 

Sec. 5.  Minnesota Statutes 2020, section 363A.08, subdivision 6, is amended to read:

 

Subd. 6.  Reasonable accommodation.  (a) Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer with a number of part-time or full-time employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year equal to or greater than 25 effective July 1, 1992, and equal to or greater than 15 effective July 1, 1994, an employment agency, or a labor organization, not to make provide a reasonable accommodation to the known disability of a qualified disabled person or job applicant for a job applicant or qualified employee with a disability unless the employer, agency, or organization can demonstrate that the accommodation would impose an undue hardship on the business, agency, or


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organization.  "Reasonable accommodation" means steps which must be taken to accommodate the known physical or mental limitations of a qualified disabled person individual with a disability.  To determine the appropriate reasonable accommodation the employer, agency, or organization shall initiate an informal, interactive process with the individual with a disability in need of the accommodation.  This process should identify the limitations resulting from the disability and any potential reasonable accommodations that could overcome those limitations.  "Reasonable accommodation" may include but is not limited to, nor does it necessarily require:  (1) making facilities readily accessible to and usable by disabled persons individuals with disabilities; and (2) job restructuring, modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, and the provision of aides on a temporary or periodic basis.

 

(b) In determining whether an accommodation would impose an undue hardship on the operation of a business or organization, factors to be considered include:

 

(1) the overall size of the business or organization with respect to number of employees or members and the number and type of facilities;

 

(2) the type of the operation, including the composition and structure of the work force, and the number of employees at the location where the employment would occur;

 

(3) the nature and cost of the needed accommodation;

 

(4) the reasonable ability to finance the accommodation at each site of business; and

 

(5) documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the disabled person or with knowledgeable disabled persons or organizations.

 

A prospective employer need not pay for an accommodation for a job applicant if it is available from an alternative source without cost to the employer or applicant.

 

Sec. 6.  Minnesota Statutes 2020, section 363A.08, is amended by adding a subdivision to read:

 

Subd. 8.  Inquiries into pay history prohibited.  (a) "Pay history" as used in this subdivision means any prior or current wage, salary, earnings, benefits, or any other compensation about an applicant for employment.

 

(b) An employer, employment agency, or labor organization shall not inquire into, consider, or require disclosure from any source the pay history of an applicant for employment for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant.  There is a rebuttable presumption that use of pay history received on an applicant for employment to determine the future wages, salary, earnings, benefits, or other compensation for that applicant is an unfair discriminatory employment practice under subdivisions 1 to 3.  The general prohibition against inquiring into the pay history of an applicant does not apply if the job applicant's pay history is a matter of public record under federal or state law, unless the employer, employment agency, or labor organization sought access to those public records with the intent of obtaining pay history of the applicant for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant.

 

(c) Nothing in this subdivision shall prevent an applicant for employment from voluntarily and without prompting disclosing pay history for the purposes of negotiating wages, salary, benefits, or other compensation.  If an applicant for employment voluntarily and without prompting discloses pay history to a prospective employer, employment agency, or labor organization, nothing in this subdivision shall prohibit that employer, employment agency, or labor organization from considering or acting on that voluntarily disclosed salary history information to support a wage or salary higher than initially offered by the employer, employment agency, or labor organization.


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(d) Nothing in this subdivision limits, prohibits, or prevents a person from bringing a charge, grievance, or any other cause of action alleging wage discrimination because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, or age, as otherwise provided in this chapter.

 

(e) Nothing in this subdivision shall be construed to prevent an employer from:

 

(1) providing information about the wages, benefits, compensation, or salary offered in relation to a position; or

 

(2) inquiring about or otherwise engaging in discussions with an applicant about the applicant's expectations or requests with respect to wages, salary, benefits, or other compensation.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.  For employment covered by collective bargaining agreements, this section is not effective until the date of implementation of the applicable collective bargaining agreement that is after January 1, 2022.

 

Sec. 7.  Minnesota Statutes 2020, section 363A.09, subdivision 1, is amended to read:

 

Subdivision 1.  Real property interest; action by owner, lessee, and others.  It is an unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these:

 

(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of persons any real property because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status; or

 

(2) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection therewith, except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or

 

(3) in any transaction involving real property, to print, circulate or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of real property, or make any record or inquiry in connection with the prospective purchase, rental, or lease of real property which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status, or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.

 

Sec. 8.  Minnesota Statutes 2020, section 363A.09, subdivision 2, is amended to read:

 

Subd. 2.  Real property interest; action by brokers, agents, and others.  (a) It is an unfair discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent thereof:

 

(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property to any person or group of persons or to negotiate for the sale, rental, or lease of any real property to any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in


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or requirements of a public assistance program, disability, sexual orientation, or familial status or represent that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status; or

 

(2) to discriminate against any person because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith; or

 

(3) to print, circulate, or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental, or lease of any real property or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.

 

(b) It is an unfair discriminatory practice for a landlord to furnish credit, services, or rental accommodations that discriminate against any individual who is a recipient of federal, state, or local public assistance, including medical assistance, or who is a tenant receiving federal, state, or local housing subsidies, including rental assistance or rental supplements, because the individual is such a recipient, or because of any requirement of such public assistance, rental assistance, or housing subsidy program.

 

Sec. 9.  Minnesota Statutes 2020, section 363A.09, is amended by adding a subdivision to read:

 

Subd. 2a.  Definition; public assistance program.  For the purposes of this section, "public assistance program" means federal, state, or local assistance, including but not limited to rental assistance, rent supplements, and housing choice vouchers.

 

Sec. 10.  Minnesota Statutes 2020, section 363A.28, subdivision 1, is amended to read:

 

Subdivision 1.  Actions.  Any person aggrieved by a violation of this chapter may bring a civil action as provided in section 363A.33, subdivision 1, or may file a verified charge with the commissioner or the commissioner's designated agent.  A charge filed with the commissioner must be in writing by hand, or electronically with an unsworn declaration under penalty of perjury, on a form provided by the commissioner and signed by the charging party.  The charge must state the name of the person alleged to have committed an unfair discriminatory practice and set out a summary of the details of the practice complained of.  The commissioner may require a charging party to provide the address of the person alleged to have committed the unfair discriminatory practice, names of witnesses, documents, and any other information necessary to process the charge.  The commissioner may dismiss a charge when the charging party fails to provide required information.  The commissioner within ten days of the filing shall serve a copy of the charge and a form for use in responding to the charge upon the respondent personally, electronically with the receiving party's consent, or by mail.  The respondent shall file with the department a written response setting out a summary of the details of the respondent's position relative to the charge within 20 30 days of receipt of the charge.  If the respondent fails to respond with a written summary of the details of the respondent's position within 30 days after service of the charge, and service was consistent with rule 4 of the Rules of Civil Procedure, the commissioner, on behalf of the complaining party, may bring an action for default in district court pursuant to rule 55.01 of the Rules of Civil Procedure.


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Sec. 11.  Minnesota Statutes 2020, section 363A.28, subdivision 6, is amended to read:

 

Subd. 6.  Charge processing.  (a) Consistent with paragraph (h), the commissioner shall promptly inquire into the truth of the allegations of the charge.  The commissioner shall make an immediate inquiry when a charge alleges actual or threatened physical violence.  The commissioner shall also make an immediate inquiry when it appears that a charge is frivolous or without merit and shall dismiss those charges.

 

(b) The commissioner shall give priority to investigating and processing those charges, in the order below, which the commissioner determines have the following characteristics:

 

(1) there is evidence of irreparable harm if immediate action is not taken;

 

(2) there is evidence that the respondent has intentionally engaged in a reprisal;

 

(3) a significant number of recent charges have been filed against the respondent;

 

(4) the respondent is a government entity;

 

(5) there is potential for broadly promoting the policies of this chapter; or

 

(6) the charge is supported by substantial and credible documentation, witnesses, or other evidence.

 

The commissioner shall inform charging parties of these priorities and shall tell each party if their charge is a priority case or not.

 

On other charges the commissioner shall make a determination within 12 months after the charge was filed as to whether or not there is probable cause to credit the allegation of unfair discriminatory practices.

 

(c) If the commissioner determines after investigation that no probable cause exists to credit the allegations of the unfair discriminatory practice, the commissioner shall, within ten days of the determination, serve upon the charging party and respondent written notice of the determination.  Within ten 30 days after receipt of notice, the charging party may request in writing, on forms prepared by the department, that the commissioner reconsider the determination.  The request shall contain a brief statement of the reasons for and new evidence in support of the request for reconsideration.  At the time of submission of the request to the commissioner, the charging party shall deliver or mail to the respondent a copy of the request for reconsideration.  The commissioner shall reaffirm, reverse, or vacate and remand for further consideration the determination of no probable cause within 20 days after receipt of the request for reconsideration, and shall within ten days notify in writing the charging party and respondent of the decision to reaffirm, reverse, or vacate and remand for further consideration.

 

A decision by the commissioner that no probable cause exists to credit the allegations of an unfair discriminatory practice shall not be appealed to the court of appeals pursuant to section 363A.36 363A.34 or sections 14.63 to 14.68.

 

(d) If the commissioner determines after investigation that probable cause exists to credit the allegations of unfair discriminatory practices, the commissioner shall serve on the respondent and the respondent's attorney if the respondent is represented by counsel, by first class mail, or electronically with the receiving party's consent, a notice setting forth a short plain written statement of the alleged facts which support the finding of probable cause and an enumeration of the provisions of law allegedly violated.  Within 30 days after receipt of notice, the respondent may request in writing, on forms prepared by the department, that the commissioner reconsider the determination.  If the commissioner determines that attempts to eliminate the alleged unfair practices through conciliation pursuant to subdivision 8 have been or would be unsuccessful or unproductive, the commissioner shall may issue a complaint


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and serve on the respondent, by registered or certified mail, or electronically with the receiving party's consent, a written notice of hearing together with a copy of the complaint, requiring the respondent to answer the allegations of the complaint at a hearing before an administrative law judge at a time and place specified in the notice, not less than ten days after service of said complaint.  A copy of the notice shall be furnished to the charging party and the attorney general.

 

(e) If, at any time after the filing of a charge, the commissioner has reason to believe that a respondent has engaged in any unfair discriminatory practice, the commissioner may file a petition in the district court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring an act tending to render ineffectual an order the commissioner may enter with respect to the complaint.  The court shall have power to grant temporary relief or a restraining order as it deems just and proper, but no relief or order extending beyond ten days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice.  Except as modified by subdivisions 1 to 9 and section 363A.06, subdivision 4, the Minnesota Rules of Civil Procedure shall apply to an application, and the district court shall have authority to grant or deny the relief sought on conditions as it deems just and equitable.  All hearings under subdivisions 1 to 9 and section 363A.06, subdivision 4, shall be given precedence as nearly as practicable over all other pending civil actions.

 

(f) If a lessor, after engaging in a discriminatory practice defined in section 363A.09, subdivision 1, clause (1), leases or rents a dwelling unit to a person who has no knowledge of the practice or of the existence of a charge with respect to the practice, the lessor shall be liable for actual damages sustained by a person by reason of a final order as provided in subdivisions 1 to 9 and section 363A.06, subdivision 4, requiring the person to be evicted from the dwelling unit.

 

(g) In any complaint issued under subdivisions 1 to 9 and section 363A.06, subdivision 4, the commissioner may seek relief for a class of individuals affected by an unfair discriminatory practice occurring on or after a date one year prior to the filing of the charge from which the complaint originates.

 

(h) The commissioner may adopt policies to determine which charges are processed and the order in which charges are processed based on their particular social or legal significance, administrative convenience, difficulty of resolution, or other standard consistent with the provisions of this chapter.

 

(i) The chief administrative law judge shall adopt policies to provide sanctions for intentional and frivolous delay caused by any charging party or respondent in an investigation, hearing, or any other aspect of proceedings before the department under this chapter.

 

Sec. 12.  Minnesota Statutes 2020, section 363A.31, subdivision 2, is amended to read:

 

Subd. 2.  Rescission of waiver.  A waiver or release of rights or remedies secured by this chapter which purports to apply to claims arising out of acts or practices prior to, or concurrent with, the execution of the waiver or release may be rescinded within 15 calendar days of its execution, except that a waiver or release given in settlement of a claim filed with the department or with another administrative agency or judicial body is valid and final upon execution.  A waiving or releasing party shall be informed in writing of the right to rescind the waiver or release.  To be effective, the rescission must be in writing and delivered to the waived or released party either by hand, electronically with the receiving party's consent, or by mail within the 15-day period.  If delivered by mail, the rescission must be:

 

(1) postmarked within the 15-day period;


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(2) properly addressed to the waived or released party; and

 

(3) sent by certified mail return receipt requested.

 

Sec. 13.  Minnesota Statutes 2020, section 363A.33, subdivision 3, is amended to read:

 

Subd. 3.  Summons and complaints in a civil action.  A charging party bringing a civil action shall mail by registered or certified mail, or electronically with the receiving party's consent, a copy of the summons and complaint to the commissioner, and upon their receipt the commissioner shall terminate all proceedings in the department relating to the charge.  No charge shall be filed or reinstituted with the commissioner after a civil action relating to the same unfair discriminatory practice has been brought unless the civil action has been dismissed without prejudice.

 

Sec. 14.  Minnesota Statutes 2020, section 363A.36, subdivision 1, is amended to read:

 

Subdivision 1.  Scope of application.  (a) For all contracts for goods and services in excess of $100,000, no department or agency of the state shall accept any bid or proposal for a contract or agreement from any business having more than 40 full-time employees within this state on a single working day during the previous 12 months, unless the commissioner is in receipt of the business' affirmative action plan for the employment of minority persons, women, and qualified disabled individuals.  No department or agency of the state shall execute any such contract or agreement until the affirmative action plan has been approved by the commissioner.  Receipt of a certificate of compliance issued by the commissioner shall signify that a firm or business has an affirmative action plan that has been approved by the commissioner.  A certificate shall be valid for a period of four years.  No department, agency of the state, the Metropolitan Council, or agency subject to section 473.143, subdivision 1, shall execute a contract for goods or services in excess of $100,000 with a business that has 40 or more full-time employees in this state or a state where the business has its primary place of business on a single day during the prior 12 months, unless the business has a workforce certificate from the commissioner of human rights or has certified in writing that it is exempt.  Determinations of exempt status shall be made by the commissioner of human rights.  A certificate is valid for four years.  A municipality as defined in section 466.01, subdivision 1, that receives state money for any reason is encouraged to prepare and implement an affirmative action plan for the employment of minority persons, people with disabilities, people of color, and women, and the qualified disabled and to submit the plan to the commissioner.

 

(b) This paragraph applies to a contract for goods or services in excess of $100,000 to be entered into between a department or agency of the state and a business that is not subject to paragraph (a), but that has more than 40 full‑time employees on a single working day during the previous 12 months in the state where the business has its primary place of business.  A department or agency of the state may not execute a contract or agreement with a business covered by this paragraph unless the business has a certificate of compliance issued by the commissioner under paragraph (a) or the business certifies that it is in compliance with federal affirmative action requirements.

 

(c) (b) This section does not apply to contracts entered into by the State Board of Investment for investment options under section 356.645.

 

(d) (c) The commissioner shall issue a certificate of compliance or notice of denial within 15 days of the application submitted by the business or firm.

 

EFFECTIVE DATE.  This section is effective June 1, 2021, and applies to contracts entered into on or after that date.


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Sec. 15.  Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:

 

Subd. 2.  Filing fee; account; appropriation.  The commissioner shall collect a $150 $250 fee for each certificate of compliance issued by the commissioner or the commissioner's designated agent.  The proceeds of the fee must be deposited in a human rights fee special revenue account.  Money in the account is appropriated to the commissioner to fund the cost of issuing certificates and investigating grievances.

 

Sec. 16.  Minnesota Statutes 2020, section 363A.36, subdivision 3, is amended to read:

 

Subd. 3.  Revocation of certificate Violations; remedies.  Certificates of compliance may be suspended or revoked by the commissioner if a holder of a certificate has not made a good faith effort to implement an affirmative action plan that has been approved by the commissioner.  If a contractor does not effectively implement an affirmative action plan approved by the commissioner pursuant to subdivision 1, or fails to make a good faith effort to do so, the commissioner may refuse to approve subsequent plans submitted by that firm or business.  The commissioner may impose fines or actions as follows:

 

(1) issue fines up to $5,000 per violation; and

 

(2) suspend or revoke a certificate of compliance until the contractor has paid all outstanding fines and otherwise complies with this section.

 

EFFECTIVE DATE.  This section is effective July 1, 2021, for all current and future certificate holders.

 

Sec. 17.  Minnesota Statutes 2020, section 363A.36, subdivision 4, is amended to read:

 

Subd. 4.  Revocation of contract.  A contract awarded by a department or agency of the state, the Metropolitan Council, or an agency subject to section 473.143, subdivision 1, may be terminated or abridged by the department or agency awarding entity because of suspension or revocation of a certificate based upon a contractor's failure to implement or make a good faith effort to implement an affirmative action plan approved by the commissioner under this section.  If a contract is awarded to a person who does not have a contract compliance certificate required under subdivision 1, the commissioner may void the contract on behalf of the state.

 

EFFECTIVE DATE.  This section is effective June 1, 2021, and applies to contracts entered into on or after that date.

 

Sec. 18.  Minnesota Statutes 2020, section 363A.36, is amended by adding a subdivision to read:

 

Subd. 6.  Access to data.  Data submitted to the commissioner related to a certificate of compliance are private data on individuals or nonpublic data with respect to persons other than department employees.  The commissioner's decision to issue, not issue, revoke, or suspend or otherwise penalize a certificate holder of a certificate of compliance is public data.  Applications, forms, or similar documents submitted by a business seeking a certificate of compliance are public data.  The commissioner may disclose data classified as private or nonpublic under this subdivision to other state agencies, statewide systems, and political subdivisions for the purposes of achieving compliance with this section.

 

Sec. 19.  Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:

 

Subd. 2.  Application.  (a) A business shall apply for an equal pay certificate by paying a $150 $250 filing fee and submitting an equal pay compliance statement to the commissioner.  The proceeds from the fees collected under this subdivision shall be deposited in an equal pay certificate special revenue account.  Money in the account is appropriated to the commissioner for the purposes of this section.  The commissioner shall issue an equal pay certificate of compliance to a business that submits to the commissioner a statement signed by the chairperson of the board or chief executive officer of the business:


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(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal Work Law;

 

(2) that the average compensation for its female employees is not consistently below the average compensation for its male employees within each of the major job categories in the EEO-1 employee information report for which an employee is expected to perform work under the contract, taking into account factors such as length of service, requirements of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or other mitigating factors;

 

(3) that the business does not restrict employees of one sex to certain job classifications and makes retention and promotion decisions without regard to sex;

 

(4) that wage and benefit disparities are corrected when identified to ensure compliance with the laws cited in clause (1) and with clause (2); and

 

(5) how often wages and benefits are evaluated to ensure compliance with the laws cited in clause (1) and with clause (2).

 

(b) The equal pay compliance statement shall also indicate whether the business, in setting compensation and benefits, utilizes:

 

(1) a market pricing approach;

 

(2) state prevailing wage or union contract requirements;

 

(3) a performance pay system;

 

(4) an internal analysis; or

 

(5) an alternative approach to determine what level of wages and benefits to pay its employees.  If the business uses an alternative approach, the business must provide a description of its approach.

 

(c) Receipt of the equal pay compliance statement by the commissioner does not establish compliance with the laws set forth in paragraph (a), clause (1).

 

Sec. 20.  Minnesota Statutes 2020, section 363A.44, subdivision 4, is amended to read:

 

Subd. 4.  Revocation of certificate Violations; remedies.  An equal pay certificate for a business may be suspended or revoked by the commissioner when the business fails to make a good-faith effort to comply with the laws identified in subdivision 2, paragraph (a), clause (1), fails to make a good-faith effort to comply with this section, or has multiple violations of this section or the laws identified in subdivision 2, paragraph (a), clause (1).  The commissioner may also issue a fine due to lack of compliance with this section of up to $5,000 per violation.  The commissioner may suspend or revoke an equal pay certificate until the business has paid all outstanding fines and otherwise complies with this section.  Prior to issuing a fine or suspending or revoking a certificate, the commissioner must first have sought to conciliate with the business regarding wages and benefits due to employees.

 

EFFECTIVE DATE.  This section is effective July 1, 2021, for all current and future certificate holders.


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Sec. 21.  Minnesota Statutes 2020, section 363A.44, subdivision 9, is amended to read:

 

Subd. 9.  Access to data.  Data submitted to the commissioner related to equal pay certificates are private data on individuals or nonpublic data with respect to persons other than department employees.  The commissioner's decision to issue, not issue, revoke, or suspend or otherwise penalize a certificate holder of an equal pay certificate is public data.  Applications, forms, or similar documents submitted by a business seeking an equal pay certificate are public data.  The commissioner may disclose data classified as private or nonpublic under this subdivision to other state agencies, statewide systems, and political subdivisions for the purposes of achieving compliance with this section.

 

Sec. 22.  [363A.50] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given unless the context clearly requires otherwise.

 

(b) "Anatomical gift" has the meaning given in section 525A.02, subdivision 4.

 

(c) "Auxiliary aids and services" include, but are not limited to:

 

(1) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

 

(2) qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to individuals with visual impairments;

 

(3) the provision of information in a format that is accessible for individuals with cognitive, neurological, developmental, intellectual, or physical disabilities;

 

(4) the provision of supported decision-making services; and

 

(5) the acquisition or modification of equipment or devices.

 

(d) "Covered entity" means:

 

(1) any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or

 

(2) any entity responsible for matching anatomical gift donors to potential recipients.

 

(e) "Disability" has the meaning given in section 363A.03, subdivision 12.

 

(f) "Organ transplant" means the transplantation or infusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.

 

(g) "Qualified individual" means an individual who, with or without available support networks, the provision of auxiliary aids and services, or reasonable modifications to policies or practices, meets the essential eligibility requirements for the receipt of an anatomical gift.

 

(h) "Reasonable modifications" include, but are not limited to:

 

(1) communication with individuals responsible for supporting an individual with postsurgical and post‑transplantation care, including medication; and


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(2) consideration of support networks available to the individual, including family, friends, and home and community-based services, including home and community-based services funded through Medicaid, Medicare, another health plan in which the individual is enrolled, or any program or source of funding available to the individual, in determining whether the individual is able to comply with post-transplant medical requirements.

 

(i) "Supported decision making" has the meaning given in section 524.5-102, subdivision 16a.

 

Subd. 2.  Prohibition of discrimination.  (a) A covered entity may not, on the basis of a qualified individual's mental or physical disability:

 

(1) deem an individual ineligible to receive an anatomical gift or organ transplant;

 

(2) deny medical or related organ transplantation services, including evaluation, surgery, counseling, and postoperative treatment and care;

 

(3) refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an anatomical gift or organ transplant;

 

(4) refuse to place an individual on an organ transplant waiting list or place the individual at a lower-priority position on the list than the position at which the individual would have been placed if not for the individual's disability; or

 

(5) decline insurance coverage for any procedure associated with the receipt of the anatomical gift or organ transplant, including post-transplantation and postinfusion care.

 

(b) Notwithstanding paragraph (a), a covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the physical or mental disability has been found by a physician, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift or organ transplant.  The provisions of this section may not be deemed to require referrals or recommendations for, or the performance of, organ transplants that are not medically appropriate given the individual's overall health condition.

 

(c) If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, an individual's inability to independently comply with those requirements may not be deemed to be medically significant for the purposes of paragraph (b).

 

(d) A covered entity must make reasonable modifications to policies, practices, or procedures, when such modifications are necessary to make services such as transplantation-related counseling, information, coverage, or treatment available to qualified individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services.

 

(e) A covered entity must take such steps as may be necessary to ensure that no qualified individual with a disability is denied services such as transplantation-related counseling, information, coverage, or treatment because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the services being offered or result in an undue burden.  A covered entity is not required to provide supported decision-making services.

 

(f) A covered entity must otherwise comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008, and the Minnesota Human Rights Act.


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(g) The provisions of this section apply to each part of the organ transplant process.

 

Subd. 3.  Remedies.  In addition to all other remedies available under this chapter, any individual who has been subjected to discrimination in violation of this section may initiate a civil action in a court of competent jurisdiction to enjoin violations of this section.

 

ARTICLE 7

CIVIL LAW

 

Section 1.  Minnesota Statutes 2020, section 357.17, is amended to read:

 

357.17 NOTARIES PUBLIC.

 

(a) The maximum fees to be charged and collected by a notary public shall be as follows:

 

(1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such bill; where protest is legally necessary, and copy thereof, $5;

 

(2) for every other protest and copy, $5;

 

(3) for making and serving every notice of nonpayment of note or nonacceptance of bill and copy thereof, $5;

 

(4) for any affidavit or paper for which provision is not made herein, $5 per folio, and $1 per folio for copies;

 

(5) for each oath administered, $5;

 

(6) for acknowledgments of deeds and for other services authorized by law, the legal fees allowed other officers for like services;

 

(7) for recording each instrument required by law to be recorded by the notary, $5 per folio.

 

(b) A notary public may charge a fee for performing a marriage in excess of the fees in paragraph (a) if the notary is commissioned pursuant to chapter 359.

 

Sec. 2.  Minnesota Statutes 2020, section 359.04, is amended to read:

 

359.04 POWERS.

 

Every notary public so appointed, commissioned, and qualified shall have power throughout this state to administer all oaths required or authorized to be administered in this state; to take and certify all depositions to be used in any of the courts of this state; to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments in writing or electronic records; to receive, make out, and record notarial protests; to perform civil marriages consistent with this chapter and chapter 517; and to perform online remote notarial acts in compliance with the requirements of sections 358.645 and 358.646.

 

Sec. 3.  [359.115] CIVIL MARRIAGE OFFICIANT.

 

A notary public shall have the power to solemnize civil marriages throughout the state if the notary public has filed a copy of the notary public's notary commission with the local registrar of a county in this state.  When a local registrar records a commission for a notary public, the local registrar shall provide a certificate of filing to the notary whose commission is recorded.  A notary public shall endorse and record the county where the notary public's commission is recorded upon each certificate of civil marriage granted by the notary.


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Sec. 4.  Minnesota Statutes 2020, section 514.977, is amended to read:

 

514.977 DEFAULT ADDITIONAL REMEDIES.

 

Subdivision 1.  Default; breach of rental agreement.  If an occupant defaults in the payment of rent for the storage space or otherwise breaches the rental agreement, the owner may commence an eviction action under chapter 504B.  to terminate the rental agreement, recover possession of the storage space, remove the occupant, and dispose of the stored personal property.  The action shall be conducted in accordance with the Minnesota Rules of Civil Procedure except as provided in this section.

 

Subd. 2.  Service of summons.  The summons must be served at least seven days before the date of the court appearance as provided in subdivision 3.

 

Subd. 3.  Appearance.  Except as provided in subdivision 4, in an action filed under this section, the appearance shall be not less than seven or more than 14 days from the day of issuing the summons.

 

Subd. 4.  Expedited hearing.  If the owner files a motion and affidavit stating specific facts and instances in support of an allegation that the occupant is causing a nuisance or engaging in illegal or other behavior that seriously endangers the safety of others, their property, or the storage facility's property, the appearance shall be not less than three days nor more than seven days from the date the summons is issued.  The summons in an expedited hearing shall be served upon the occupant within 24 hours of issuance unless the court orders otherwise for good cause shown.

 

Subd. 5.  Answer; trial; continuance.  At the court appearance specified in the summons, the defendant may answer the complaint, and the court shall hear and decide the action, unless it grants a continuance of the trial, which may be for no longer than six days, unless all parties consent to longer continuance.

 

Subd. 6.  Counterclaims.  The occupant is prohibited from bringing counterclaims in the action that are unrelated to the possession of the storage space.  Nothing in this section prevents the occupant from bringing the claim in a separate action.

 

Subd. 7.  Judgment; writ.  Judgment in matters adjudicated under this section shall be in accordance with section 504B.345, subdivision 1, paragraph (a).  Execution of a writ issued under this section shall be in accordance with section 504B.365.

 

Sec. 5.  Minnesota Statutes 2020, section 517.04, is amended to read:

 

517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.

 

Civil marriages may be solemnized throughout the state by an individual who has attained the age of 21 years and is a judge of a court of record, a retired judge of a court of record, a court administrator, a retired court administrator with the approval of the chief judge of the judicial district, a former court commissioner who is employed by the court system or is acting pursuant to an order of the chief judge of the commissioner's judicial district, a notary commissioned pursuant to chapter 359, the residential school superintendent of the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or ordained minister of any religious denomination, or by any mode recognized in section 517.18.  For purposes of this section, a court of record includes the Office of Administrative Hearings under section 14.48.


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Sec. 6.  Minnesota Statutes 2020, section 517.08, subdivision 1b, is amended to read:

 

Subd. 1b.  Term of license; fee; premarital education.  (a) The local registrar shall examine upon oath the parties applying for a license relative to the legality of the contemplated civil marriage.  Examination upon oath of the parties under this section may include contemporaneous video or audio transmission or receipt of a verified statement signed by both parties attesting to the legality of the marriage.  The local registrar may accept civil marriage license applications, signed by both parties, by mail, facsimile, or electronic filing.  Both parties must present proof of age to the local registrar.  If one party is unable to appear in person, the party appearing may complete the absent applicant's information.  The local registrar shall provide a copy of the civil marriage application to the party who is unable to appear, who must verify the accuracy of the appearing party's information in a notarized statement.  The verification statement must be accompanied by a copy of proof of age of the party.  The civil marriage license must not be released until the verification statement and proof of age has been received by the local registrar.  If the local registrar is satisfied that there is no legal impediment to it, including the restriction contained in section 259.13, the local registrar shall issue the license, containing the full names of the parties before and after the civil marriage, and county and state of residence, with the county seal attached, and make a record of the date of issuance.  The license shall be valid for a period of six months.  Except as provided in paragraph (b), the local registrar shall collect from the applicant a fee of $115 for administering the oath, issuing, recording, and filing all papers required, and preparing and transmitting to the state registrar of vital records the reports of civil marriage required by this section.  If the license should not be used within the period of six months due to illness or other extenuating circumstances, it may be surrendered to the local registrar for cancellation, and in that case a new license shall issue upon request of the parties of the original license without fee.  A local registrar who knowingly issues or signs a civil marriage license in any manner other than as provided in this section shall pay to the parties aggrieved an amount not to exceed $1,000.

 

(b) The civil marriage license fee for parties who have completed at least 12 hours of premarital education is $40.  In order to qualify for the reduced license fee, the parties must submit at the time of applying for the civil marriage license a statement that is signed, dated, and notarized or marked with a church seal from the person who provided the premarital education on their letterhead confirming that it was received.  The premarital education must be provided by a licensed or ordained minister or the minister's designee, a person authorized to solemnize civil marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33.  The education must include the use of a premarital inventory and the teaching of communication and conflict management skills.

 

(c) The statement from the person who provided the premarital education under paragraph (b) must be in the following form:

 

"I, .......................... (name of educator), confirm that .......................... (names of both parties) received at least 12 hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills.  I am a licensed or ordained minister, a person authorized to solemnize civil marriages under Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family therapy under Minnesota Statutes, section 148B.33."

 

The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the civil marriage license application.  Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.

 

(d) If section 259.13 applies to the request for a civil marriage license, the local registrar shall grant the civil marriage license without the requested name change.  Alternatively, the local registrar may delay the granting of the civil marriage license until the party with the conviction:

 

(1) certifies under oath that 30 days have passed since service of the notice for a name change upon the prosecuting authority and, if applicable, the attorney general and no objection has been filed under section 259.13; or


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(2) provides a certified copy of the court order granting it.  The parties seeking the civil marriage license shall have the right to choose to have the license granted without the name change or to delay its granting pending further action on the name change request.

 

EFFECTIVE DATE.  This section is effective retroactively from January 1, 2021.

 

Sec. 7.  Minnesota Statutes 2020, section 524.2-503, is amended to read:

 

524.2-503 HARMLESS ERROR.

 

(a) If a document or writing added upon a document was not executed in compliance with section 524.2-502, the document or writing is treated as if it had been executed in compliance with section 524.2-502 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:

 

(1) the decedent's will;

 

(2) a partial or complete revocation of the will;

 

(3) an addition to or an alteration of the will; or

 

(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly revoked portion of the will.

 

(b) This section applies to documents and writings executed on or after March 13, 2020, but before February 15, 2021.

 

EFFECTIVE DATE.  This section is effective retroactively from March 13, 2020, and applies to documents and writings executed on or after March 13, 2020.

 

Sec. 8.  Minnesota Statutes 2020, section 541.073, subdivision 2, is amended to read:

 

Subd. 2.  Limitations period.  (a) Except as provided in paragraph (b), an action for damages based on sexual abuse:  (1) must be commenced within six years of the alleged sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may be commenced at any time in the case of alleged sexual abuse of an individual under the age of 18, except as provided for in subdivision 4; and (3) must be commenced before the plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused a minor when that natural person was under 14 years of age.

 

(b) An action for damages based on sexual abuse may be commenced at any time in the case of alleged sexual abuse by a peace officer, as defined in section 626.84, subdivision 1, paragraph (c).

 

(b) (c) The plaintiff need not establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.

 

(c) (d) This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15.

 

EFFECTIVE DATE.  (a) This section is effective the day following final enactment.  Except as provided in paragraph (b), this section applies to actions that were not time-barred before the effective date.

 

(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse of an individual by a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), if the action would otherwise be time-barred under a previous version of Minnesota Statutes, section 541.073, or other time limit, an action for damages against a peace officer may be commenced no later than five years following the effective date of this section.


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Sec. 9.  Minnesota Statutes 2020, section 573.02, subdivision 1, is amended to read:

 

Subdivision 1.  Death action.  (a) When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for an injury caused by the wrongful act or omission.  An action to recover damages for a death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall be commenced within three years of the date of death, but in no event shall be commenced beyond the time set forth in section 541.076.  An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent.  An action to recover damages for a death caused by a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), may be commenced at any time after the death of the decedent.  Any other action under this section may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission.  The recovery in the action is the amount the jury deems fair and just in reference to the pecuniary loss resulting from the death, and shall be for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death.  The court then determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly.  Funeral expenses and any demand for the support of the decedent allowed by the court having jurisdiction of the action, are first deducted and paid.  Punitive damages may be awarded as provided in section 549.20.

 

(b) If an action for the injury was commenced by the decedent and not finally determined while living, it may be continued by the trustee for recovery of damages for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death.  The court on motion shall make an order allowing the continuance and directing pleadings to be made and issues framed as in actions begun under this section.

 

EFFECTIVE DATE.  (a) This section is effective the day following final enactment.  Except as provided in paragraph (b), this section applies to actions that were not time-barred before the effective date.

 

(b) Notwithstanding any other provision of law, in the case of a death caused by a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), if the action would otherwise be time-barred under a previous version of Minnesota Statutes, section 573.02, or other time limit, an action for damages against a peace officer may be commenced no later than five years following the effective date of this section.

 

Sec. 10.  Laws 2020, chapter 118, section 4, is amended to read:

 

Sec. 4.  FILING OF MORTGAGE OR DEED OF TRUST THROUGH 2020; PUBLIC UTILITY.  Notwithstanding Minnesota Statutes, section 507.327, for the public utility subject to Minnesota Statutes, section 116C.7791, the filing of the mortgage or deed of trust executed between May 1, 2020, and December 31, 2020 June 30, 2022, filed in the Office of the Secretary of State under Minnesota Statutes, section 336.02 336B.02, along with, or as part of, the financing statement covering the fixtures, has the same effect, and is notice of the rights and interests of the mortgagee or trustee in easements, other less than fee simple interests in real estate, and fee simple interests in real estate of the public utility to the same extent, as if the mortgage or deed of trust were duly recorded in the office of the county recorder or duly registered in the office of the registrar of titles of the counties in which the real estate is situated.  The effectiveness of the filing terminates at the same time as provided in Minnesota Statutes, section 336B.02, subdivision 3, for the termination of the effectiveness of fixture filing.  Any filing made in accordance with this section shall also be made with the office of the county recorder, or duly registered in the office of the registrar of titles, of the counties in which the real estate is situated.

 

EFFECTIVE DATE.  This section is effective retroactively from December 30, 2020.


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ARTICLE 8

GOVERNMENT DATA PRACTICES

 

Section 1.  [3.8844] LEGISLATIVE COMMISSION ON DATA PRACTICES.

 

Subdivision 1.  Established.  The Legislative Commission on Data Practices and Personal Data Privacy is created to study issues relating to government data practices and individuals' personal data privacy rights and to review legislation impacting data practices, data security, and personal data privacy.  The commission is a continuation of the commission that was established by Laws 2014, chapter 193, as amended, and which expired June 30, 2019.

 

Subd. 2.  Membership.  The commission consists of four senators appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration, and four members of the house of representatives appointed by the speaker.  Two members from each chamber must be from the majority party in that chamber and two members from each chamber must be from the minority party in that chamber.  Each appointing authority must make appointments as soon as possible after the beginning of the regular legislative session in the odd-numbered year.  The ranking senator from the majority party appointed to the commission must convene the first meeting of a biennium by February 15 in the odd-numbered year.  The commission may elect up to four former legislators who have demonstrated an interest in, or have a history of working in, the areas of government data practices and personal data privacy to serve as nonvoting members of the commission.  The former legislators must not be registered lobbyists.  All commission members shall serve without compensation and without reimbursement for mileage, meals, or other expenses.

 

Subd. 3.  Terms; vacancies.  Members of the commission serve for terms beginning upon appointment and ending at the beginning of the regular legislative session in the next odd-numbered year.  The appropriate appointing authority must fill a vacancy for a seat of a current legislator for the remainder of the unexpired term.

 

Subd. 4.  Officers.  The commission must elect a chair and may elect other officers as it determines are necessary.  The chair alternates between a member of the senate and a member of the house of representatives in January of each odd-numbered year.

 

Subd. 5.  Staff.  Legislative staff must provide administrative and research assistance to the commission from existing resources.  The Legislative Coordinating Commission may, if funding is available, appoint staff to provide research assistance.

 

Subd. 6.  Duties.  The commission shall:

 

(1) review and provide the legislature with research and analysis of emerging issues relating to government data practices and security and privacy of personal data;

 

(2) review and make recommendations on legislative proposals relating to the Minnesota Government Data Practices Act; and

 

(3) review and make recommendations on legislative proposals impacting personal data privacy rights, data security, and other related issues.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.  Initial members of the commission serve for a term ending in January 2023.  A member of the house of representatives shall serve as the first chair of the commission.  A member of the senate shall serve as chair of the commission beginning in January 2023.


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Sec. 2.  Minnesota Statutes 2020, section 13.045, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  As used in this section:

 

(1) "program participant" has the meaning given in section 5B.02, paragraph (g);

 

(2) "location data" means any data the participant specifies that may be used to physically locate a program participant, including but not limited to such as the program participant's residential address, work address, and or school address, and that is collected, received, or maintained by a government entity prior to the date a program participant's certification expires, or the date the entity receives notice that the program participant has withdrawn from the program, whichever is earlier;

 

(3) "identity data" means data that may be used to identify a program participant, including the program participant's name, phone number, e­mail address, address designated under chapter 5B, Social Security number, or driver's license number, and that is collected, received, or maintained by a government entity before the date a program participant's certification expires, or the date the entity receives notice that the program participant has withdrawn from the program, whichever is earlier;

 

(4) "county recorder" means the county official who performs the functions of the county recorder or registrar of titles to record a document as part of the county real estate document recording system, regardless of title or office; and

 

(5) "real property records" means any record of data that is maintained by a county as part of the county real estate document recording system for use by the public, data on assessments, data on real or personal property taxation, and other data on real property.

 

Sec. 3.  Minnesota Statutes 2020, section 13.045, subdivision 2, is amended to read:

 

Subd. 2.  Notification of certification.  (a) A program participant may submit a notice, in writing, to notify the responsible authority of any government entity other than the county recorder in writing, on a form prescribed by the secretary of state, that the participant is certified in the Safe at Home address confidentiality program pursuant to chapter 5B.  The notice must include the program participant's name, names of other program participants in the household, date of birth, address designated under chapter 5B, program participant signature, signature of the participant's parent or guardian if the participant is a minor, date the program participant's certification in the program expires, and any other information specified by the secretary of state.  A program participant may submit a subsequent notice of certification, if the participant's certification is renewed.  The contents of the notification of certification are private data on individuals.  A notice provided pursuant to this paragraph is a request to protect location data unless the participant requests that specific identity data also be protected.

 

(b) To affect real property records, including but not limited to documents maintained in a public recording system, data on assessments and taxation, and other data on real property, a program participant must submit a real property notice in writing to the county recorder in the county where the property identified in the real property notice is located.  To affect real property records maintained by any other government entity, a program participant must submit a real property notice in writing to the other government entity's responsible authority.  A real property notice must be on a form prescribed by the secretary of state and must include:

 

(1) the full legal name of the program participant, including middle name;

 

(2) the last four digits of the program participant's Social Security number;

 

(3) the participant's date of birth;


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(3) (4) the designated address of the program participant as assigned by the secretary of state, including lot number;

 

(4) the date the program participant's certification in the program expires;

 

(5) the legal description and street address, if any, of the real property affected by the notice;

 

(6) the address of the Office of the Secretary of State; and

 

(7) the signature of the program participant.

 

Only one parcel of real property may be included in each notice, but more than one notice may be presented to the county recorder.  The county recorder The recipient of the notice may require a program participant to provide additional information necessary to identify the records of the program participant or the real property described in the notice.  A program participant must submit a subsequent real property notice for the real property if the participant's certification is renewed legal name changes.  The real property notice is private data on individuals.

 

Sec. 4.  Minnesota Statutes 2020, section 13.045, subdivision 3, is amended to read:

 

Subd. 3.  Classification of identity and location data; amendment of records; sharing and dissemination.  (a) Identity and location data on for which a program participant who submits a notice seeks protection under subdivision 2, paragraph (a), that are not otherwise classified by law are private data on individuals.  Notwithstanding any provision of law to the contrary, private or confidential location data on a program participant who submits a notice under subdivision 2, paragraph (a), may not be shared with any other government entity or nongovernmental entity except as provided in paragraph (b).

 

(b) Private or confidential location data on a program participant must not be shared or disclosed by a government entity Notwithstanding any provision of law to the contrary, private or confidential location data on a program participant who submits a notice under subdivision 2, paragraph (a), may not be shared with any other government entity or nongovernmental entity unless:

 

(1) the program participant has expressly consented in writing to sharing or dissemination of the data for the purpose for which the sharing or dissemination will occur;

 

(2) the data are subject to sharing or dissemination pursuant to court order under section 13.03, subdivision 6;

 

(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;

 

(4) the location data related to county of residence are needed to provide public assistance or other government services, or to allocate financial responsibility for the assistance or services;

 

(5) the data are necessary to perform a government entity's health, safety, or welfare functions, including the provision of emergency 911 services, the assessment and investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection of services or locations for compliance with health, safety, or professional standards; or

 

(6) the data are necessary to aid an active law enforcement investigation of the program participant.

 

(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the purposes authorized in this subdivision and may not be further disclosed to any other person or government entity.  Government entities receiving or sharing private or confidential data under this subdivision shall establish procedures to protect the data from further disclosure.


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(d) Real property record data are governed by subdivision 4a.

 

(e) Notwithstanding sections 15.17 and 138.17, a government entity may amend records to replace a participant's location data with the participant's designated address.

 

Sec. 5.  Minnesota Statutes 2020, section 13.045, subdivision 4a, is amended to read:

 

Subd. 4a.  Real property records.  (a) If a program participant submits a notice to a county recorder under subdivision 2, paragraph (b), the county recorder government entity must not disclose the program participant's identity data in conjunction with the property identified in the written notice in the entity's real property records, unless:

 

(1) the program participant has consented to sharing or dissemination of the data for the purpose identified in a writing acknowledged by the program participant;

 

(2) the data are subject to sharing or dissemination pursuant to court order under section 13.03, subdivision 6; or

 

(3) the secretary of state authorizes the sharing or dissemination of the data under subdivision 4b for the purpose identified in the authorization.; or

 

(4) the data is shared with a government entity subject to this chapter for the purpose of administering assessment and taxation laws.

 

This subdivision does not prevent the a county recorder from returning original documents to the individuals that submitted the documents for recording.  This subdivision does not prevent the public disclosure of the participant's name and address designated under chapter 5B in the county reception index if the participant's name and designated address are not disclosed in conjunction with location data.  Each county recorder government entity shall establish procedures for recording or filing documents to comply with this subdivision.  These procedures may include masking identity or location data and making documents or certificates of title containing the data private and not viewable except as allowed by this paragraph.  The procedure must comply with the requirements of chapters 386, 507, 508, and 508A and other laws as appropriate, to the extent these requirements do not conflict with this section.  The procedures must provide public notice of the existence of recorded documents and certificates of title that are not publicly viewable and the provisions for viewing them under this subdivision.  Notice that a document or certificate is private and viewable only under this subdivision or subdivision 4b is deemed constructive notice of the document or certificate.

 

(b) A real property notice is notice only to the county recorder.  A notice that does not conform to the requirements of a real property notice under subdivision 2, paragraph (b), is not effective as a notice to the county recorder.  On receipt of a real property notice, the county recorder government entity shall provide a copy of the notice to the person who maintains the property tax records in that county jurisdiction, to the county's or municipality's responsible authority, and provide a copy to the secretary of state at the address specified by the secretary of state in the notice.

 

(c) Paragraph (a) applies only to the records recorded or filed concurrently with the real property notice specified in subdivision 2, paragraph (b), and real property records affecting the same real property created or recorded subsequent to the county's government entity's receipt of the real property notice.

 

(d) The prohibition on disclosure in paragraph (a) continues until:

 

(1) the program participant has consented to the termination of the real property notice in a writing acknowledged by the program participant.  Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination;


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(2) the real property notice is terminated pursuant to a court order.  Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination;

 

(3) the program participant no longer holds a record interest in the real property identified in the real property notice.  Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination; or

 

(4) the secretary of state has given written notice to the county recorder government entity who provided the secretary of state with a copy of a participant's real property notice that the program participant's certification has terminated.  Notification under this paragraph must be given by the secretary of state within 90 days of the termination.

 

Upon termination of the prohibition of disclosure, the county recorder government entity shall make publicly viewable all documents and certificates of title relative to the participant that were previously partially or wholly private and not viewable.

 

Sec. 6.  Minnesota Statutes 2020, section 13.32, subdivision 3, is amended to read:

 

Subd. 3.  Private data; when disclosure is permitted.  Except as provided in subdivision 5, educational data is private data on individuals and shall not be disclosed except as follows:

 

(a) pursuant to section 13.05;

 

(b) pursuant to a valid court order;

 

(c) pursuant to a statute specifically authorizing access to the private data;

 

(d) to disclose information in health, including mental health, and safety emergencies pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code of Federal Regulations, title 34, section 99.36;

 

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;

 

(f) to appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;

 

(g) when disclosure is required for institutions that participate in a program under title IV of the Higher Education Act, United States Code, title 20, section 1092;

 

(h) to the appropriate school district officials to the extent necessary under subdivision 6, annually to indicate the extent and content of remedial instruction, including the results of assessment testing and academic performance at a postsecondary institution during the previous academic year by a student who graduated from a Minnesota school district within two years before receiving the remedial instruction;

 

(i) to appropriate authorities as provided in United States Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the system to effectively serve, prior to adjudication, the student whose records are released; provided that the authorities to whom the data are released submit a written request for the data that certifies that the data will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student and the request and a record of the release are maintained in the student's file;


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(j) to volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;

 

(k) to provide student recruiting information, from educational data held by colleges and universities, as required by and subject to Code of Federal Regulations, title 32, section 216;

 

(l) to the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;

 

(m) with respect to Social Security numbers of students in the adult basic education system, to Minnesota State Colleges and Universities and the Department of Employment and Economic Development for the purpose and in the manner described in section 124D.52, subdivision 7;

 

(n) to the commissioner of education for purposes of an assessment or investigation of a report of alleged maltreatment of a student as mandated by chapter 260E.  Upon request by the commissioner of education, data that are relevant to a report of maltreatment and are from charter school and school district investigations of alleged maltreatment of a student must be disclosed to the commissioner, including, but not limited to, the following:

 

(1) information regarding the student alleged to have been maltreated;

 

(2) information regarding student and employee witnesses;

 

(3) information regarding the alleged perpetrator; and

 

(4) what corrective or protective action was taken, if any, by the school facility in response to a report of maltreatment by an employee or agent of the school or school district;

 

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge of a crime of violence or nonforcible sex offense to the extent authorized under United States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 34, sections 99.31 (a)(13) and (14);

 

(p) when the disclosure is information provided to the institution under United States Code, title 42, section 14071, concerning registered sex offenders to the extent authorized under United States Code, title 20, section 1232g(b)(7); or

 

(q) when the disclosure is to a parent of a student at an institution of postsecondary education regarding the student's violation of any federal, state, or local law or of any rule or policy of the institution, governing the use or possession of alcohol or of a controlled substance, to the extent authorized under United States Code, title 20, section 1232g(i), and Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution has an information release form signed by the student authorizing disclosure to a parent.  The institution must notify parents and students about the purpose and availability of the information release forms.  At a minimum, the institution must distribute the information release forms at parent and student orientation meetings.; or

 

(r) with tribal nations about tribally enrolled or descendant students to the extent necessary for the tribal nation and school district or charter school to support the educational attainment of the student.

 

Sec. 7.  [13.3655] ATTORNEY GENERAL DATA CODED ELSEWHERE.

 

Subdivision 1.  Scope.  The sections referred to in this section are codified outside this chapter.  Those sections classify attorney general data as other than public, place restrictions on access to government data, or involve data sharing.


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Subd. 2.  Jailhouse witnesses.  Data collected and maintained by the attorney general regarding jailhouse witnesses are governed by section 634.045.

 

EFFECTIVE DATE.  This section is effective August 1, 2021.

 

Sec. 8.  Minnesota Statutes 2020, section 13.7931, is amended by adding a subdivision to read:

 

Subd. 1b.  Data on individuals who are minors.  Data on individuals who are minors that are collected, created, received, maintained, or disseminated by the Department of Natural Resources are classified under section 84.0873.

 

Sec. 9.  Minnesota Statutes 2020, section 13.82, is amended by adding a subdivision to read:

 

Subd. 33.  Mental health care data.  (a) Mental health data received from the welfare system as described in section 13.46, subdivision 7, are classified as described in that section.

 

(b) Data received from a provider as described in section 144.294 are classified as described in that section.

 

(c) Health records received from a provider are governed by section 144.293.

 

(d) The following data on individuals created or collected by law enforcement agencies are private data on individuals, unless the data become criminal investigative data, in which the data are classified by subdivision 7:

 

(1) medications taken by an individual;

 

(2) mental illness diagnoses;

 

(3) the psychological or psychosocial history of an individual;

 

(4) risk factors or potential triggers related to an individual's mental health;

 

(5) mental health or social service providers serving an individual; and

 

(6) data pertaining to the coordination of social service or mental health care on behalf of an individual, including the scheduling of appointments, responses from providers, and follow-up.

 

(e) Data classified as private by paragraph (d) may be shared with the welfare system, as defined in section 13.46, subdivision 1, paragraph (c), or with a provider as defined by section 144.291, subdivision 2, paragraph (i), to coordinate necessary services on behalf of the subject of the data.

 

(f) This subdivision does not affect the classification of data made public by subdivision 2, 3, or 6 or those portions of inactive investigative data made public by subdivision 7.

 

Sec. 10.  Minnesota Statutes 2020, section 13.824, subdivision 6, is amended to read:

 

Subd. 6.  Biennial audit.  (a) In addition to the log required under subdivision 5, the law enforcement agency must maintain records showing the date and time automated license plate reader data were collected and the applicable classification of the data.  The law enforcement agency shall arrange for an independent, biennial audit of the records to determine whether data currently in the records are classified, how the data are used, whether they are destroyed as required under this section, and to verify compliance with subdivision 7.  If the commissioner of administration believes that a law enforcement agency is not complying with this section or other applicable law, the commissioner may order a law enforcement agency to arrange for additional independent audits.  Data in the records required under this paragraph are classified as provided in subdivision 2.


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(b) The results of the audit are public.  The commissioner of administration shall review the results of the audit.  If the commissioner determines that there is a pattern of substantial noncompliance with this section by the law enforcement agency, the agency must immediately suspend operation of all automated license plate reader devices until the commissioner has authorized the agency to reinstate their use.  An order of suspension under this paragraph may be issued by the commissioner, upon review of the results of the audit, review of the applicable provisions of this chapter, and after providing the agency a reasonable opportunity to respond to the audit's findings.

 

(c) A report summarizing the results of each audit must be provided to the commissioner of administration, to the chair chairs and ranking minority members of the committees of the house of representatives and the senate with jurisdiction over data practices and public safety issues, and to the Legislative Commission on Data Practices and Personal Data Privacy no later than 30 days following completion of the audit.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 11.  Minnesota Statutes 2020, section 13.825, subdivision 9, is amended to read:

 

Subd. 9.  Biennial audit.  (a) A law enforcement agency must maintain records showing the date and time portable recording system data were collected and the applicable classification of the data.  The law enforcement agency shall arrange for an independent, biennial audit of the data to determine whether data are appropriately classified according to this section, how the data are used, and whether the data are destroyed as required under this section, and to verify compliance with subdivisions 7 and 8.  If the governing body with jurisdiction over the budget of the agency determines that the agency is not complying with this section or other applicable law, the governing body may order additional independent audits.  Data in the records required under this paragraph are classified as provided in subdivision 2.

 

(b) The results of the audit are public, except for data that are otherwise classified under law.  The governing body with jurisdiction over the budget of the law enforcement agency shall review the results of the audit.  If the governing body determines that there is a pattern of substantial noncompliance with this section, the governing body must order that operation of all portable recording systems be suspended until the governing body has authorized the agency to reinstate their use.  An order of suspension under this paragraph may only be made following review of the results of the audit and review of the applicable provisions of this chapter, and after providing the agency and members of the public a reasonable opportunity to respond to the audit's findings in a public meeting.

 

(c) A report summarizing the results of each audit must be provided to the governing body with jurisdiction over the budget of the law enforcement agency and, to the Legislative Commission on Data Practices and Personal Data Privacy, and to the chairs and ranking minority members of the committees of the house of representatives and the senate with jurisdiction over data practices and public safety issues no later than 60 days following completion of the audit.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 12.  Minnesota Statutes 2020, section 13.856, subdivision 3, is amended to read:

 

Subd. 3.  Public data.  The following closed case data maintained by the ombudsperson are classified as public data pursuant to section 13.02, subdivision 15:

 

(1) client name;

 

(2) client location; and

 

(3) the inmate identification number assigned by the Department of Corrections.


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Sec. 13.  [84.0873] DATA ON INDIVIDUALS WHO ARE MINORS.

 

(a) When the Department of Natural Resources collects, creates, receives, maintains, or disseminates the following data on individuals who the department knows are minors, the data are considered private data on individuals, as defined in section 13.02, subdivision 12, except for data classified as public data according to section 13.43:

 

(1) name;

 

(2) date of birth;

 

(3) Social Security number;

 

(4) telephone number;

 

(5) e­mail address;

 

(6) physical or mailing address;

 

(7) location data;

 

(8) online account access information;

 

(9) data associated with the location of electronic devices; and

 

(10) other data that would identify participants who have registered for events, programs, or classes sponsored by the Department of Natural Resources.

 

(b) Data about minors classified under this section maintain their classification as private data on individuals after the individual is no longer a minor.

 

Sec. 14.  Minnesota Statutes 2020, section 144.225, subdivision 7, is amended to read:

 

Subd. 7.  Certified birth or death record.  (a) The state registrar or local issuance office shall issue a certified birth or death record or a statement of no vital record found to an individual upon the individual's proper completion of an attestation provided by the commissioner and payment of the required fee:

 

(1) to a person who has a tangible interest in the requested vital record.  A person who has a tangible interest is:

 

(i) the subject of the vital record;

 

(ii) a child of the subject;

 

(iii) the spouse of the subject;

 

(iv) a parent of the subject;

 

(v) the grandparent or grandchild of the subject;

 

(vi) if the requested record is a death record, a sibling of the subject;

 

(vii) the party responsible for filing the vital record;


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(viii) (vii) the legal custodian, guardian or conservator, or health care agent of the subject;

 

(ix) (viii) a personal representative, by sworn affidavit of the fact that the certified copy is required for administration of the estate;

 

(x) (ix) a successor of the subject, as defined in section 524.1-201, if the subject is deceased, by sworn affidavit of the fact that the certified copy is required for administration of the estate;

 

(xi) (x) if the requested record is a death record, a trustee of a trust by sworn affidavit of the fact that the certified copy is needed for the proper administration of the trust;

 

(xii) (xi) a person or entity who demonstrates that a certified vital record is necessary for the determination or protection of a personal or property right, pursuant to rules adopted by the commissioner; or

 

(xiii) (xii) an adoption agency in order to complete confidential postadoption searches as required by section 259.83;

 

(2) to any local, state, tribal, or federal governmental agency upon request if the certified vital record is necessary for the governmental agency to perform its authorized duties;

 

(3) to an attorney representing the subject of the vital record or another person listed in clause (1), upon evidence of the attorney's license;

 

(4) pursuant to a court order issued by a court of competent jurisdiction.  For purposes of this section, a subpoena does not constitute a court order; or

 

(5) to a representative authorized by a person under clauses (1) to (4).

 

(b) The state registrar or local issuance office shall also issue a certified death record to an individual described in paragraph (a), clause (1), items (ii) to (viii) (xi), if, on behalf of the individual, a licensed mortician furnishes the registrar with a properly completed attestation in the form provided by the commissioner within 180 days of the time of death of the subject of the death record.  This paragraph is not subject to the requirements specified in Minnesota Rules, part 4601.2600, subpart 5, item B.

 

Sec. 15.  INITIAL APPOINTMENTS AND MEETINGS.

 

Appointing authorities for the Legislative Commission on Data Practices under Minnesota Statutes, section 3.8844, must make initial appointments by June 1, 2021.  The speaker of the house of representatives must designate one member of the commission to convene the first meeting of the commission by June 15, 2021.

 

ARTICLE 9

FORFEITURE

 

Section 1.  Minnesota Statutes 2020, section 169A.63, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) As used in this section, the following terms have the meanings given them.

 

(b) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense or to require a test under section 169A.51 (chemical tests for intoxication).

 

(c) "Asserting person" means a person, other than the driver alleged to have committed a designated offense, claiming an ownership interest in a vehicle that has been seized or restrained under this section.


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(c) (d) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold or security interest in a motor vehicle.

 

(d) (e) "Designated license revocation" includes a license revocation under section 169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license disqualification under section 171.165 (commercial driver's license disqualification) resulting from a violation of section 169A.52 or 171.177; within ten years of the first of two or more qualified prior impaired driving incidents.

 

(e) (f) "Designated offense" includes:

 

(1) a violation of section 169A.20 (driving while impaired) under the circumstances described in section 169A.24 (first-degree driving while impaired), or 169A.25 (second-degree driving while impaired); or

 

(2) a violation of section 169A.20 or an ordinance in conformity with it: within ten years of the first of two qualified prior impaired driving incidents.

 

(i) by a person whose driver's license or driving privileges have been canceled as inimical to public safety under section 171.04, subdivision 1, clause (10), and not reinstated; or

 

(ii) by a person who is subject to a restriction on the person's driver's license under section 171.09 (commissioner's license restrictions), which provides that the person may not use or consume any amount of alcohol or a controlled substance.

 

(f) (g) "Family or household member" means:

 

(1) a parent, stepparent, or guardian;

 

(2) any of the following persons related by blood, marriage, or adoption:  brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; or

 

(3) persons residing together or persons who regularly associate and communicate with one another outside of a workplace setting.

 

(g) (h) "Motor vehicle" and "vehicle" do not include a vehicle which is stolen or taken in violation of the law.

 

(h) (i) "Owner" means a person legally entitled to possession, use, and control of a motor vehicle, including a lessee of a motor vehicle if the lease agreement has a term of 180 days or more.  There is a rebuttable presumption that a person registered as the owner of a motor vehicle according to the records of the Department of Public Safety is the legal owner.  For purposes of this section, if a motor vehicle is owned jointly by two or more people, each owner's interest extends to the whole of the vehicle and is not subject to apportionment.

 

(i) (j) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense or a designee.  If a state agency initiated the forfeiture, and the attorney responsible for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's Office or its designee may initiate forfeiture under this section.

 

(j) (k) "Security interest" means a bona fide security interest perfected according to section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is required to be registered under chapter 168, is listed on the vehicle's title.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.


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Sec. 2.  Minnesota Statutes 2020, section 169A.63, subdivision 7, is amended to read:

 

Subd. 7.  Limitations on vehicle forfeiture.  (a) A vehicle is presumed subject to forfeiture under this section if:

 

(1) the driver is convicted of the designated offense upon which the forfeiture is based; or

 

(2) the driver fails to appear for a scheduled court appearance with respect to the designated offense charged and fails to voluntarily surrender within 48 hours after the time required for appearance; or

 

(3) (2) the driver's conduct results in a designated license revocation and the driver fails to seek judicial review of the revocation in a timely manner as required by section 169A.53, subdivision 2, (petition for judicial review), or the license revocation is judicially reviewed and sustained under section 169A.53, subdivision 2.

 

(b) A vehicle encumbered by a security interest perfected according to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based.  However, when the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan balance, the appropriate agency shall remit all proceeds of the sale to the secured party after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the vehicle.  If the sale of the vehicle is conducted in a commercially reasonable manner consistent with the provisions of section 336.9-610, the agency is not liable to the secured party for any amount owed on the loan in excess of the sale proceeds.  The validity and amount of a nonperfected security interest must be established by its holder by clear and convincing evidence.

 

(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor demonstrates by clear and convincing evidence that the party or lessor took reasonable steps to terminate use of the vehicle by the offender.

 

(d) A motor vehicle is not subject to forfeiture under this section if any of its owners who petition the court can demonstrate by clear and convincing evidence that the petitioning owner did not have actual or constructive knowledge that the vehicle would be used or operated in any manner contrary to law or that the petitioning owner took reasonable steps to prevent use of the vehicle by the offender.  If the offender is a family or household member of any of the owners who petition the court and has three or more prior impaired driving convictions, the petitioning owner is presumed to know of any vehicle use by the offender that is contrary to law.  "Vehicle use contrary to law" includes, but is not limited to, violations of the following statutes:

 

(1) section 171.24 (violations; driving without valid license);

 

(2) section 169.791 (criminal penalty for failure to produce proof of insurance);

 

(3) section 171.09 (driving restrictions; authority, violations);

 

(4) section 169A.20 (driving while impaired);

 

(5) section 169A.33 (underage drinking and driving); and

 

(6) section 169A.35 (open bottle law).

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.


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Sec. 3.  Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to read:

 

Subd. 7a.  Innocent owner.  (a) An asserting person may bring an innocent owner claim by notifying the prosecuting authority in writing and within 60 days of the service of the notice of seizure.

 

(b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may release the vehicle to the asserting person.  If the prosecuting authority proceeds with the forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle, specifying that the vehicle was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation, and specifying the time and place of the vehicle's unlawful use.  The complaint may be filed in district court or conciliation court and the filing fee is waived.

 

(c) A complaint filed by the prosecuting authority must be served on the asserting person and on any other registered owners.  Service may be made by certified mail at the address listed in the Department of Public Safety's computerized motor vehicle registration records or by any means permitted by court rules.

 

(d) The hearing on the complaint shall, to the extent practicable, be held within 30 days of the filing of the petition.  The court may consolidate the hearing on the complaint with a hearing on any other complaint involving a claim of an ownership interest in the same vehicle.

 

(e) At a hearing held pursuant to this subdivision, the prosecuting authority must:

 

(1) prove by a preponderance of the evidence that the seizure was incident to a lawful arrest or a lawful search; and

 

(2) certify that the prosecuting authority has filed, or intends to file, charges against the driver for a designated offense or that the driver has a designated license revocation.

 

(f) At a hearing held pursuant to this subdivision, the asserting person must prove by a preponderance of the evidence that the asserting person:

 

(1) has an actual ownership interest in the vehicle; and

 

(2) did not have actual or constructive knowledge that the vehicle would be used or operated in any manner contrary to law or that the asserting person took reasonable steps to prevent use of the vehicle by the alleged offender.

 

(g) If the court determines that the state met both burdens under paragraph (e) and the asserting person failed to meet any burden under paragraph (f), the court shall order that the vehicle remains subject to forfeiture under this section.

 

(h) The court shall order that the vehicle is not subject to forfeiture under this section and shall order the vehicle returned to the asserting person if it determines that:

 

(1) the state failed to meet any burden under paragraph (e);

 

(2) the asserting person proved both elements under paragraph (f); or

 

(3) clauses (1) and (2) apply.

 

(i) If the court determines that the asserting person is an innocent owner and orders the vehicle returned to the innocent owner, an entity in possession of the vehicle is not required to release it until the innocent owner pays:


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(1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before the innocent owner provided the notice required under paragraph (a); and

 

(2) any reasonable costs of storage of the vehicle incurred more than two weeks after an order issued under paragraph (h).

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 4.  Minnesota Statutes 2020, section 169A.63, subdivision 8, is amended to read:

 

Subd. 8.  Administrative forfeiture procedure.  (a) A motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation is subject to administrative forfeiture under this subdivision.

 

(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within a reasonable time after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle.  Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership, possessory, or security interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle.  For those vehicles required to be registered under chapter 168, the notification to a person known to have a security interest in the vehicle is required only if the vehicle is registered under chapter 168 and the interest is listed on the vehicle's title.  Upon motion by the appropriate agency or prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.  Notice mailed by certified mail to the address shown in Department of Public Safety records is sufficient notice to the registered owner of the vehicle.  For motor vehicles not required to be registered under chapter 168, notice mailed by certified mail to the address shown in the applicable filing or registration for the vehicle is sufficient notice to a person known to have an ownership, possessory, or security interest in the vehicle.  Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.

 

(c) The notice must be in writing and contain:

 

(1) a description of the vehicle seized;

 

(2) the date of seizure; and

 

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English.  This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.

 

Substantially the following language must appear conspicuously in the notice:

 

"WARNING:  If you were the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not file a lawsuit and serve the prosecuting authority within 60 days.  You may file your lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must file in district court.  You may do not have to pay a filing fee for your lawsuit if you are unable to afford the fee.  You do not have to pay a conciliation court fee if your property is worth less than $500.

 

WARNING:  If you have an ownership interest in the above-described property and were not the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."


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(d) If notice is not sent in accordance with paragraph (b), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property vehicle to the person from whom the property was seized, if known owner.  An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time.  The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.

 

(e) Within 60 days following service of a notice of seizure and forfeiture under this subdivision, a claimant may file a demand for a judicial determination of the forfeiture.  The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture, including the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01.  The claimant may serve the complaint by certified mail or any means permitted by court rules.  If the value of the seized property is $15,000 or less, the claimant may file an action in conciliation court for recovery of the seized vehicle.  A copy of the conciliation court statement of claim must be served personally or by mail on the prosecuting authority having jurisdiction over the forfeiture, as well as on the appropriate agency that initiated the forfeiture, within 60 days following service of the notice of seizure and forfeiture under this subdivision.  If the value of the seized property is less than $500, The claimant does not have to pay the conciliation court filing fee.

 

No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter.  The prosecuting authority may appear for the appropriate agency.  Pleadings, filings, and methods of service are governed by the Rules of Civil Procedure.

 

(f) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and any affirmative defenses the claimant may have.  Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.

 

(g) If the claimant makes a timely demand for a judicial determination under this subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 5.  Minnesota Statutes 2020, section 169A.63, subdivision 9, is amended to read:

 

Subd. 9.  Judicial forfeiture procedure.  (a) This subdivision governs judicial determinations of the forfeiture of a motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation.  An action for forfeiture is a civil in rem action and is independent of any criminal prosecution.  All proceedings are governed by the Rules of Civil Procedure.

 

(b) If no demand for judicial determination of the forfeiture is pending, the prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a separate complaint against the vehicle, describing it, specifying that it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation, and specifying the time and place of its unlawful use.

 

(c) The prosecuting authority may file an answer to a properly served demand for judicial determination, including an affirmative counterclaim for forfeiture.  The prosecuting authority is not required to file an answer.


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(d) A judicial determination under this subdivision must be held at the earliest practicable date, and in any event no later than 180 days following the filing of the demand by the claimant.  If a related criminal proceeding is pending, the hearing shall not be held until the conclusion of the criminal proceedings.  The district court administrator shall schedule the hearing as soon as practicable after the conclusion of the criminal prosecution.  The district court administrator shall establish procedures to ensure efficient compliance with this subdivision.  The hearing is to the court without a jury.

 

(e) There is a presumption that a vehicle seized under this section is subject to forfeiture if the prosecuting authority establishes that the vehicle was used in the commission of a designated offense or designated license revocation.  A claimant bears the burden of proving any affirmative defense raised.

 

(f) If the forfeiture is based on the commission of a designated offense and the person charged with the designated offense appears in court as required and is not convicted of the offense, the court shall order the property returned to the person legally entitled to it upon that person's compliance with the redemption requirements of section 169A.42.  If the forfeiture is based on a designated license revocation, and the license revocation is rescinded under section 169A.53, subdivision 3 (judicial review hearing, issues, order, appeal), the court shall order the property returned to the person legally entitled to it upon that person's compliance with the redemption requirements of section 169A.42.

 

(g) If the lawful ownership of the vehicle used in the commission of a designated offense or used in conduct resulting in a designated license revocation can be determined and the owner makes the demonstration required under subdivision 7, paragraph (d) 7a, the vehicle must be returned immediately upon the owner's compliance with the redemption requirements of section 169A.42.

 

(h) If the court orders the return of a seized vehicle under this subdivision it must order that filing fees be reimbursed to the person who filed the demand for judicial determination.  In addition, the court may order sanctions under section 549.211 (sanctions in civil actions).  Any reimbursement fees or sanctions must be paid from other forfeiture proceeds of the law enforcement agency and prosecuting authority involved and in the same proportion as distributed under subdivision 10, paragraph (b).

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 6.  Minnesota Statutes 2020, section 169A.63, subdivision 10, is amended to read:

 

Subd. 10.  Disposition of forfeited vehicle.  (a) If the vehicle is administratively forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:

 

(1) sell the vehicle and distribute the proceeds under paragraph (b); or

 

(2) keep the vehicle for official use.  If the agency keeps a forfeited motor vehicle for official use, it shall make reasonable efforts to ensure that the motor vehicle is available for use by the agency's officers who participate in the drug abuse resistance education program.

 

(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:

 

(1) 70 percent of the proceeds must be forwarded to the appropriate agency for deposit as a supplement to the state or local agency's operating fund or similar fund for use in DWI-related enforcement, training, and education, crime prevention, equipment, or capital expenses; and


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(2) 30 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes, training, education, crime prevention, equipment, or capital expenses.  For purposes of this subdivision, the prosecuting authority shall not include privately contracted prosecutors of a local political subdivision and, in those events, the forfeiture proceeds shall be forwarded to the political subdivision where the forfeiture was handled for the purposes identified in clause (1).

 

(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell the vehicle to:  (1) an officer or employee of the agency that seized the property or to a person related to the officer or employee by blood or marriage; or (2) the prosecuting authority or any individual working in the same office or a person related to the authority or individual by blood or marriage.

 

(d) Sales of forfeited vehicles under this section must be conducted in a commercially reasonable manner.

 

(e) If a vehicle is forfeited administratively under this section and no demand for judicial determination is made, the appropriate agency shall provide the prosecuting authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a statement of probable cause for forfeiture of the property, and a description of the property and its estimated value.  Upon review and certification by the prosecuting authority that (1) the appropriate agency provided a receipt in accordance with subdivision 2, paragraph (c), (2) the appropriate agency served notice in accordance with subdivision 8, and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate agency may dispose of the property in any of the ways listed in this subdivision.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 7.  Minnesota Statutes 2020, section 169A.63, subdivision 13, is amended to read:

 

Subd. 13.  Exception.  (a) A forfeiture proceeding is stayed and the vehicle must be returned if the driver who committed a designated offense or whose conduct resulted in a designated license revocation becomes a program participant in the ignition interlock program under section 171.306 at any time before the motor vehicle is forfeited, the forfeiture proceeding is stayed and the vehicle must be returned and any of the following apply:

 

(1) the driver committed a designated offense other than a violation of section 169A.20 under the circumstances described in section 169A.24; or

 

(2) the driver is accepted into a treatment court dedicated to changing the behavior of alcohol- and other drug‑dependent offenders arrested for driving while impaired.

 

(b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph (a) may be seized and the forfeiture action may proceed under this section if the program participant described in paragraph (a):

 

(1) subsequently operates a motor vehicle:

 

(i) to commit a violation of section 169A.20 (driving while impaired);

 

(ii) in a manner that results in a license revocation under section 169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license disqualification under section 171.165 (commercial driver's license disqualification) resulting from a violation of section 169A.52 or 171.177;

 

(iii) after tampering with, circumventing, or bypassing an ignition interlock device; or

 

(iv) without an ignition interlock device at any time when the driver's license requires such device; or


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(2) either voluntarily or involuntarily ceases to participate in the program for more than 30 days, or fails to successfully complete it as required by the Department of Public Safety due to:

 

(i) two or more occasions of the participant's driving privileges being withdrawn for violating the terms of the program, unless the withdrawal is determined to be caused by an error of the department or the interlock provider; or

 

(ii) violating the terms of the contract with the provider as determined by the provider.; or

 

(3) if forfeiture was stayed after the driver entered a treatment court, the driver ceases to be a participant in the treatment court for any reason.

 

(c) Paragraph (b) applies only if the described conduct occurs before the participant has been restored to full driving privileges or within three years of the original designated offense or designated license revocation, whichever occurs latest.

 

(d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide a discounted rate to indigent program participants applies also to device installation under this subdivision.

 

(e) An impound or law enforcement storage lot operator must allow an ignition interlock manufacturer sufficient access to the lot to install an ignition interlock device under this subdivision.

 

(f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have been paid by the vehicle owner.

 

(g) At any time prior to the vehicle being forfeited, the appropriate agency may require that the owner or driver of the vehicle give security or post bond payable to the appropriate agency in an amount equal to the retail value surrender the title of the seized vehicle.  If this occurs, any future forfeiture action against the vehicle must instead proceed against the security as if it were the vehicle.

 

(h) The appropriate agency may require an owner or driver to give security or post bond payable to the agency in an amount equal to the retail value of the vehicle, prior to releasing the vehicle from the impound lot to install an ignition interlock device.

 

(i) (h) If an event described in paragraph (b) occurs in a jurisdiction other than the one in which the original forfeitable event occurred, and the vehicle is subsequently forfeited, the proceeds shall be divided equally, after payment of seizure, towing, storage, forfeiture, and sale expenses and satisfaction of valid liens against the vehicle, among the appropriate agencies and prosecuting authorities in each jurisdiction.

 

(j) (i) Upon successful completion of the program, the stayed forfeiture proceeding is terminated or dismissed and any vehicle, security, or bond held by an agency must be returned to the owner of the vehicle.

 

(k) (j) A claimant of a vehicle for which a forfeiture action was stayed under paragraph (a) but which later proceeds under paragraph (b), may file a demand for judicial forfeiture as provided in subdivision 8, in which case the forfeiture proceedings must be conducted as provided in subdivision 9.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.


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Sec. 8.  Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to read:

 

Subd. 14.  Subsequent unlawful use of seized vehicle; immunity.  An appropriate agency or prosecuting authority, including but not limited to any peace officer as defined in section 626.84, subdivision 1, paragraph (c); prosecutor; or employee of an appropriate agency or prosecuting authority who, in good faith and within the course and scope of the official duties of the person or entity, returns a vehicle seized under this chapter to the owner pursuant to this section shall be immune from criminal or civil liability regarding any event arising out of the subsequent unlawful or unauthorized use of the motor vehicle.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.

 

Sec. 9.  Minnesota Statutes 2020, section 609.531, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given them.

 

(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it.  The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.

 

(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.

 

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

 

(d) "Contraband" means property which is illegal to possess under Minnesota law.

 

(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District park rangers Department of Public Safety, the Department of Natural Resources Division of Enforcement, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a multijurisdictional entity established under section 299A.642 or 299A.681.

 

(f) "Designated offense" includes:

 

(1) for weapons used:  any violation of this chapter, chapter 152 or 624;

 

(2) for driver's license or identification card transactions:  any violation of section 171.22; and

 

(3) for all other purposes:  a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.


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(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

 

(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.

 

(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle in the transportation or exchange of a controlled substance intended for distribution or sale, claiming an ownership interest in a vehicle that has been seized or restrained under this section.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.

 

Sec. 10.  Minnesota Statutes 2020, section 609.531, is amended by adding a subdivision to read:

 

Subd. 9.  Transfer of forfeitable property to federal government.  The appropriate agency shall not directly or indirectly transfer property subject to forfeiture under sections 609.531 to 609.5318 to a federal agency if the transfer would circumvent state law.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 11.  Minnesota Statutes 2020, section 609.5311, subdivision 2, is amended to read:

 

Subd. 2.  Associated property.  (a) All personal property, and real and personal property, other than homestead property exempt from seizure under section 510.01, that has been used, or is intended for use, or has in any way facilitated, in whole or in part, the manufacturing, compounding, processing, delivering, importing, cultivating, exporting, transporting, or exchanging of contraband or a controlled substance that has not been lawfully manufactured, distributed, dispensed, and acquired is an instrument or represents the proceeds of a controlled substance offense is subject to forfeiture under this section, except as provided in subdivision 3.

 

(b) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture under paragraph (a).

 

(c) Money is the property of an appropriate agency and may be seized and recovered by the appropriate agency if:

 

(1) the money is used by an appropriate agency, or furnished to a person operating on behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; and

 

(2) the appropriate agency records the serial number or otherwise marks the money for identification.

 

As used in this paragraph, "money" means United States currency and coin; the currency and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid credit card; cryptocurrency; or a money order.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 12.  Minnesota Statutes 2020, section 609.5311, subdivision 3, is amended to read:

 

Subd. 3.  Limitations on forfeiture of certain property associated with controlled substances.  (a) A conveyance device is subject to forfeiture under this section only if the retail value of the controlled substance is $75 $100 or more and the conveyance device is associated with a felony-level controlled substance crime was used in the transportation or exchange of a controlled substance intended for distribution or sale.


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(b) Real property is subject to forfeiture under this section only if the retail value of the controlled substance or contraband is $2,000 or more.

 

(c) Property used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the owner of the property is a consenting party to, or is privy to, the use or intended use of the property as described in subdivision 2.

 

(d) Property is subject to forfeiture under this section only if its owner was privy to the use or intended use described in subdivision 2, or the unlawful use or intended use of the property otherwise occurred with the owner's knowledge or consent.

 

(e) Forfeiture under this section of a conveyance device or real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had knowledge of or consented to the act or omission upon which the forfeiture is based.  A person claiming a security interest bears the burden of establishing that interest by clear and convincing evidence.

 

(f) Forfeiture under this section of real property is subject to the interests of a good faith purchaser for value unless the purchaser had knowledge of or consented to the act or omission upon which the forfeiture is based.

 

(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture based solely on the owner's or secured party's knowledge of the unlawful use or intended use of the property if:  (1) the owner or secured party took reasonable steps to terminate use of the property by the offender; or (2) the property is real property owned by the parent of the offender, unless the parent actively participated in, or knowingly acquiesced to, a violation of chapter 152, or the real property constitutes proceeds derived from or traceable to a use described in subdivision 2.

 

(h) Money is subject to forfeiture under this section only if it has a total value of $1,500 or more or there is probable cause to believe that the money was exchanged for the purchase of a controlled substance.  As used in this paragraph, "money" means United States currency and coin; the currency and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid credit card; cryptocurrency; or a money order.

 

(h) (i) The Department of Corrections Fugitive Apprehension Unit shall not seize a conveyance device or real property, for the purposes of forfeiture under paragraphs (a) to (g).

 

(j) Nothing in this subdivision prohibits the seizure, with or without warrant, of any property or thing for the purpose of being produced as evidence on any trial or for any other lawful purpose.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 13.  Minnesota Statutes 2020, section 609.5311, subdivision 4, is amended to read:

 

Subd. 4.  Records; proceeds.  (a) All books, records, and research products and materials, including formulas, microfilm, tapes, and data that are used, or intended for use in the manner described in subdivision 2 are subject to forfeiture.

 

(b) All property, real and personal, that represents proceeds derived from or traceable to a use described in subdivision 2 is subject to forfeiture.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.


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Sec. 14.  Minnesota Statutes 2020, section 609.5314, subdivision 1, is amended to read:

 

Subdivision 1.  Property subject to administrative forfeiture; presumption.  (a) The following are presumed to be subject to administrative forfeiture under this section:

 

(1) all money totaling $1,500 or more, precious metals, and precious stones found in proximity to: that there is probable cause to believe represent the proceeds of a controlled substance offense;

 

(i) controlled substances;

 

(ii) forfeitable drug manufacturing or distributing equipment or devices; or

 

(iii) forfeitable records of manufacture or distribution of controlled substances;

 

(2) all money found in proximity to controlled substances when there is probable cause to believe that the money was exchanged for the purchase of a controlled substance;

 

(2) (3) all conveyance devices containing controlled substances with a retail value of $100 or more if possession or sale of the controlled substance would be a felony under chapter 152 there is probable cause to believe that the conveyance device was used in the transportation or exchange of a controlled substance intended for distribution or sale; and

 

(3) (4) all firearms, ammunition, and firearm accessories found:

 

(i) in a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance;

 

(ii) on or in proximity to a person from whom a felony amount of controlled substance is seized; or

 

(iii) on the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under chapter 152.

 

(b) The Department of Corrections Fugitive Apprehension Unit shall not seize items listed in paragraph (a), clauses (2) (3) and (3) (4), for the purposes of forfeiture.

 

(c) A claimant of the property bears the burden to rebut this presumption. Money is the property of an appropriate agency and may be seized and recovered by the appropriate agency if:

 

(1) the money is used by an appropriate agency, or furnished to a person operating on behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance; and

 

(2) the appropriate agency records the serial number or otherwise marks the money for identification.

 

(d) As used in this section, "money" means United States currency and coin; the currency and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid credit card; cryptocurrency; or a money order.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.


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Sec. 15.  Minnesota Statutes 2020, section 609.5314, is amended by adding a subdivision to read:

 

Subd. 1a.  Innocent owner.  (a) Any person, other than the defendant driver, alleged to have used a vehicle in the transportation or exchange of a controlled substance intended for distribution or sale, claiming an ownership interest in a vehicle that has been seized or restrained under this section may assert that right by notifying the prosecuting authority in writing and within 60 days of the service of the notice of seizure.

 

(b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may release the vehicle to the asserting person.  If the prosecuting authority proceeds with the forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle, specifying that the vehicle was used in the transportation or exchange of a controlled substance intended for distribution or sale, and specifying the time and place of the vehicle's unlawful use.  The complaint may be filed in district court or conciliation court and the filing fee is waived.

 

(c) A complaint filed by the prosecuting authority must be served on the asserting person and on any other registered owners.  Service may be made by certified mail at the address listed in the Department of Public Safety's computerized motor vehicle registration records or by any means permitted by court rules.

 

(d) The hearing on the complaint shall, to the extent practicable, be held within 30 days of the filing of the petition.  The court may consolidate the hearing on the complaint with a hearing on any other complaint involving a claim of an ownership interest in the same vehicle.

 

(e) At a hearing held pursuant to this subdivision, the state must prove by a preponderance of the evidence that:

 

(1) the seizure was incident to a lawful arrest or a lawful search; and

 

(2) the vehicle was used in the transportation or exchange of a controlled substance intended for distribution or sale.

 

(f) At a hearing held pursuant to this subdivision, the asserting person must prove by a preponderance of the evidence that the asserting person:

 

(1) has an actual ownership interest in the vehicle; and

 

(2) did not have actual or constructive knowledge that the vehicle would be used or operated in any manner contrary to law or that the asserting person took reasonable steps to prevent use of the vehicle by the alleged offender.

 

(g) If the court determines that the state met both burdens under paragraph (e) and the asserting person failed to meet any burden under paragraph (f), the court shall order that the vehicle remains subject to forfeiture under this section.

 

(h) The court shall order that the vehicle is not subject to forfeiture under this section and shall order the vehicle returned to the asserting person if it determines that:

 

(1) the state failed to meet any burden under paragraph (e);

 

(2) the asserting person proved both elements under paragraph (f); or

 

(3) clauses (1) and (2) apply.

 

(i) If the court determines that the asserting person is an innocent owner and orders the vehicle returned to the innocent owner, an entity in possession of the vehicle is not required to release the vehicle until the innocent owner pays:


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(1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before the innocent owner provided the notice required under paragraph (a); and

 

(2) any reasonable costs of storage of the vehicle incurred more than two weeks after an order issued under paragraph (h).

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 16.  Minnesota Statutes 2020, section 609.5314, subdivision 2, is amended to read:

 

Subd. 2.  Administrative forfeiture procedure.  (a) Forfeiture of property described in subdivision 1 that does not exceed $50,000 in value is governed by this subdivision.  Within 60 days from when seizure occurs, all persons known to have an ownership, possessory, or security interest in seized property must be notified of the seizure and the intent to forfeit the property.  In the case of a motor vehicle required to be registered under chapter 168, notice mailed by certified mail to the address shown in Department of Public Safety records is deemed sufficient notice to the registered owner.  The notification to a person known to have a security interest in seized property required under this paragraph applies only to motor vehicles required to be registered under chapter 168 and only if the security interest is listed on the vehicle's title.  Upon motion by the appropriate agency or the prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.

 

(b) Notice may otherwise be given in the manner provided by law for service of a summons in a civil action.  The notice must be in writing and contain:

 

(1) a description of the property seized;

 

(2) the date of seizure; and

 

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English.  This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.

 

Substantially the following language must appear conspicuously in the notice:

 

"WARNING:  If you were the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not file a lawsuit and serve the prosecuting authority within 60 days.  You may file your lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must file in district court.  You may do not have to pay a filing fee for your lawsuit if you are unable to afford the fee.  You do not have to pay a conciliation court fee if your property is worth less than $500.

 

WARNING:  If you have an ownership interest in the above-described property and were not the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."

 

(c) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known.  An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time.  The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.


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Sec. 17.  Minnesota Statutes 2020, section 609.5314, subdivision 3, is amended to read:

 

Subd. 3.  Judicial determination.  (a) Within 60 days following service of a notice of seizure and forfeiture under this section, a claimant may file a demand for a judicial determination of the forfeiture.  The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the prosecuting authority for that county, and the standard filing fee for civil actions unless the petitioner has the right to sue in forma pauperis under section 563.01.  The claimant may serve the complaint on the prosecuting authority by any means permitted by court rules.  If the value of the seized property is $15,000 or less, the claimant may file an action in conciliation court for recovery of the seized property.  If the value of the seized property is less than $500, The claimant does not have to pay the conciliation court filing fee.  No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter.  The district court administrator shall schedule the hearing as soon as practicable after, and in any event no later than 90 days following, the conclusion of the criminal prosecution.  The proceedings are governed by the Rules of Civil Procedure.

 

(b) The complaint must be captioned in the name of the claimant as plaintiff and the seized property as defendant, and must state with specificity the grounds on which the claimant alleges the property was improperly seized and the plaintiff's interest in the property seized.  Notwithstanding any law to the contrary, an action for the return of property seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.

 

(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a.  The limitations and defenses set forth in section 609.5311, subdivision 3, apply to the judicial determination.

 

(d) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized property, the court shall order that filing fees be reimbursed to the person who filed the demand.  In addition, the court may order sanctions under section 549.211.  If the court orders payment of these costs, they must be paid from forfeited money or proceeds from the sale of forfeited property from the appropriate law enforcement and prosecuting agencies in the same proportion as they would be distributed under section 609.5315, subdivision 5.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 18.  Minnesota Statutes 2020, section 609.5315, subdivision 5, is amended to read:

 

Subd. 5.  Distribution of money.  The money or proceeds from the sale of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:

 

(1) 70 percent of the money or proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement, training, education, crime prevention, equipment, or capital expenses;

 

(2) 20 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes, training, education, crime prevention, equipment, or capital expenses; and


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(3) the remaining ten percent of the money or proceeds must be forwarded within 60 days after resolution of the forfeiture to the state treasury and credited to the general fund.  Any local police relief association organized under chapter 423 which received or was entitled to receive the proceeds of any sale made under this section before the effective date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds of these sales.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 19.  Minnesota Statutes 2020, section 609.5315, subdivision 5b, is amended to read:

 

Subd. 5b.  Disposition of certain forfeited proceeds; trafficking of persons; report required.  (a) Except as provided in subdivision 5c, for forfeitures resulting from violations of section 609.282, 609.283, or 609.322, the money or proceeds from the sale of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:

 

(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement;

 

(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes; and

 

(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of health and are appropriated to the commissioner for distribution to crime victims services organizations that provide services to victims of trafficking offenses.

 

(b) By February 15 of each year, the commissioner of public safety shall report to the chairs and ranking minority members of the senate and house of representatives committees or divisions having jurisdiction over criminal justice funding on the money collected under paragraph (a), clause (3).  The report must indicate the following relating to the preceding calendar year:

 

(1) the amount of money appropriated to the commissioner;

 

(2) how the money was distributed by the commissioner; and

 

(3) what the organizations that received the money did with it.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 20.  Minnesota Statutes 2020, section 609.5315, subdivision 6, is amended to read:

 

Subd. 6.  Reporting requirement.  (a) For each forfeiture occurring in the state regardless of the authority for it and including forfeitures pursued under federal law, the appropriate agency and the prosecuting authority shall provide a written record of the forfeiture incident to the state auditor.  The record shall include:

 

(1) the amount forfeited,;

 

(2) the statutory authority for the forfeiture, its;

 

(3) the date, of the forfeiture;


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(4) a brief description of the circumstances involved, and;

 

(5) whether the forfeiture was contested.;

 

(6) whether the defendant was convicted pursuant to a plea agreement or a trial;

 

(7) whether there was a forfeiture settlement agreement;

 

(8) whether the property was sold, destroyed, or retained by an appropriate agency;

 

(9) the gross revenue from the disposition of the forfeited property;

 

(10) an estimate of the total costs to the agency to store the property in an impound lot, evidence room, or other location; pay for the time and expenses of an appropriate agency and prosecuting authority to litigate forfeiture cases; and sell or dispose of the forfeited property;

 

(11) the net revenue, determined by subtracting the costs identified under clause (10) from the gross revenue identified in clause (9), the appropriate agency received from the disposition of forfeited property;

 

(12) if any property was retained by an appropriate agency, the purpose for which it is used;

 

(13) for controlled substance and driving while impaired forfeitures, the record shall indicate whether the forfeiture was initiated as an administrative or a judicial forfeiture.  The record shall also list;

 

(14) the number of firearms forfeited and the make, model, and serial number of each firearm forfeited.  The record shall indicate; and

 

(15) how the property was or is to be disposed of.

 

(b) An appropriate agency or the prosecuting authority shall report to the state auditor all instances in which property seized for forfeiture is returned to its owner either because forfeiture is not pursued or for any other reason.

 

(c) Each appropriate agency and prosecuting authority shall provide a written record regarding the proceeds of forfeited property, including proceeds received through forfeiture under state and federal law.  The record shall include:

 

(1) the total amount of money or proceeds from the sale of forfeited property obtained or received by an appropriate agency or prosecuting authority in the previous reporting period;

 

(2) the manner in which each appropriate agency and prosecuting authority expended money or proceeds from the sale of forfeited property in the previous reporting period, including the total amount expended in the following categories:

 

(i) drug abuse, crime, and gang prevention programs;

 

(ii) victim reparations;

 

(iii) gifts or grants to crime victim service organizations that provide services to sexually exploited youth;

 

(iv) gifts or grants to crime victim service organizations that provide services to victims of trafficking offenses;

 

(v) investigation costs, including but not limited to witness protection, informant fees, and controlled buys;


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(vi) court costs and attorney fees;

 

(vii) salaries, overtime, and benefits, as permitted by law;

 

(viii) professional outside services, including but not limited to auditing, court reporting, expert witness fees, outside attorney fees, and membership fees paid to trade associations;

 

(ix) travel, meals, and conferences;

 

(x) training and continuing education;

 

(xi) other operating expenses, including but not limited to office supplies, postage, and printing;

 

(xii) capital expenditures, including but not limited to vehicles, firearms, equipment, computers, and furniture;

 

(xiii) gifts or grants to nonprofit or other programs, indicating the recipient of the gift or grant; and

 

(xiv) any other expenditure, indicating the type of expenditure and, if applicable, the recipient of any gift or grant;

 

(3) the total value of seized and forfeited property held by an appropriate agency and not sold or otherwise disposed of; and

 

(4) a statement from the end of each year showing the balance of any designated forfeiture accounts maintained by an appropriate agency or prosecuting authority.

 

(c) (d) Reports under paragraphs (a) and (b) shall be made on a monthly quarterly basis in a manner prescribed by the state auditor and reports under paragraph (c) shall be made on an annual basis in a manner prescribed by the state auditor.  The state auditor shall report annually to the legislature on the nature and extent of forfeitures., including the information provided by each appropriate agency or prosecuting authority under paragraphs (a) to (c).  Summary data on seizures, forfeitures, and expenditures of forfeiture proceeds shall be disaggregated by each appropriate agency and prosecuting authority.  The report shall be made public on the state auditor's website.

 

(d) (e) For forfeitures resulting from the activities of multijurisdictional law enforcement entities, the entity on its own behalf shall report the information required in this subdivision.

 

(e) (f) The prosecuting authority is not required to report information required by this subdivision paragraph (a) or (b) unless the prosecuting authority has been notified by the state auditor that the appropriate agency has not reported it.

 

EFFECTIVE DATE.  This section is effective January 1, 2022, and applies to seizures that take place on or after that date.

 

Sec. 21.  RECIDIVISM STUDY.

 

The legislative auditor shall conduct or contract with an independent third-party vendor to conduct a comprehensive program audit on the efficacy of forfeiture and the use of ignition interlock in cases involving an alleged violation of Minnesota Statutes, section 169A.20.  The audit shall assess the financial impact of the programs, the efficacy in reducing recidivism, and the impacts, if any, on public safety.  The audit shall be conducted in accordance with generally accepted government auditing standards issued by the United States


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Government Accountability Office.  The legislative auditor shall complete the audit no later than August 1, 2024, and shall report the results of the audit to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety by January 15, 2025.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.

 

Sec. 22.  REPEALER.

 

Minnesota Statutes 2020, section 609.5317, is repealed.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.

 

ARTICLE 10

POLICING

 

Section 1.  Minnesota Statutes 2020, section 13.41, subdivision 3, is amended to read:

 

Subd. 3.  Board of Peace Officer Standards and Training.  The following government data of the Board of Peace Officer Standards and Training are private data:

 

(1) personal phone numbers, and home and e­mail addresses of licensees and applicants for licenses; and

 

(2) data that identify the government entity that employs a licensed peace officer.

 

The board may disseminate private data on applicants and licensees as is necessary to administer law enforcement licensure or to provide data under section 626.845, subdivision 1, to law enforcement agencies who are conducting employment background investigations.

 

Sec. 2.  Minnesota Statutes 2020, section 13.411, is amended by adding a subdivision to read:

 

Subd. 11.  Peace officer database.  Section 626.8457, subdivision 3, governs data sharing between law enforcement agencies and the Peace Officer Standards and Training Board for purposes of administering the peace officer database required by section 626.845, subdivision 3.

 

Sec. 3.  [169.984] VEHICLE EQUIPMENT SECONDARY OFFENSES.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Dangerous condition" means a situation where an improper or malfunctioning piece of motor vehicle equipment creates a substantial, identifiable risk to human life.

 

(c) "Mandatory secondary offense" means a violation of section 168.09, subdivision 1 (vehicle registration); 169.69 (muffler required); 169.693 (exceed motor vehicle noise limits); 169.71, subdivision 1, paragraph (a), clause (2) (windshield prohibitions); 169.71, subdivision 4, clauses (1) to (4) (restrictions on mirrored/glazed windows); or 169.79, subdivision 8 (license plate validation stickers).

 

(d) "Presumptive secondary offense" means a violation of section 169.47, subdivision 1, paragraph (a) (unsafe equipment); 169.49 (headlamps); 169.50, subdivision 1, paragraph (b) (rear lamps); 169.50, subdivision 2 (license plate illumination); 169.55, subdivision 1 (lamps required); 169.57, subdivision 1, paragraph (a) (stop lamps); 169.63, paragraph (a) (use of headlamps); or 169.71, subdivision 1, paragraph (a), clause (1) (certain windshield prohibitions).


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Subd. 2.  Secondary offenses.  (a) A peace officer may not stop or detain the operator of a motor vehicle for a mandatory secondary offense, and may not issue a citation for a mandatory secondary offense, unless:

 

(1) the officer stopped or detained the operator of the motor vehicle for an otherwise lawful reason; or

 

(2) the motor vehicle was unoccupied.

 

(b) This subdivision does not apply to vehicles that are required to comply with the equipment standards in chapter 221.

 

Subd. 3.  Presumptive secondary offenses.  (a) A peace officer may not stop or detain the operator of a motor vehicle for a presumptive secondary offense, and may not issue a citation for a presumptive secondary offense, unless:

 

(1) the officer stopped or detained the operator of the motor vehicle for an otherwise lawful reason;

 

(2) the motor vehicle was unoccupied; or

 

(3) as otherwise provided for in this subdivision.

 

(b) A peace officer may stop or detain an operator of a motor vehicle for a presumptive secondary offense when the officer has reasonable and articulable suspicion that the operator has committed a presumptive secondary offense and any of the following circumstances exist:

 

(1) the operator is in violation of section 169.47, subdivision 1, paragraph (a) (unsafe equipment), in a manner that creates a dangerous condition;

 

(2) the operator is in violation of section 169.49 (headlamps); 169.50, subdivision 1, paragraph (b) (tail lamps); 169.55, subdivision 1 (lamps required); or 169.63, paragraph (a) (use of headlamps), and none of the headlamps are functioning or none of the tail lamps are functioning;

 

(3) the operator is in violation of section 169.50, subdivision 2 (license plate illumination), and the license plate is not legible from a distance of 50 feet to the rear;

 

(4) the operator is in violation of section 169.57, subdivision 1, paragraph (a) (stop lamps), and none of the vehicle's stop lamps are functioning; or

 

(5) the operator is in violation of section 169.71, subdivision 1, paragraph (a), clause (1) (certain windshield prohibitions), and the violation creates an imminent threat to human life.

 

(c) This subdivision does not apply to vehicles that are required to comply with the equipment standards in chapter 221.

 

Subd. 4.  Warning letter.  If an officer does not have grounds to stop a vehicle or detain the operator of a motor vehicle for a mandatory secondary offense or presumptive secondary offense and the officer can identify the owner of the vehicle, the officer's agency is encouraged to send a letter to the owner of the vehicle identifying the violation and instructing the owner to correct the defect or otherwise remedy the violation.


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Sec. 4.  Minnesota Statutes 2020, section 214.10, subdivision 11, is amended to read:

 

Subd. 11.  Board of Peace Officers Standards and Training; reasonable grounds determination.  (a) After the investigation is complete, the executive director shall convene at least a three-member four-member committee of the board to determine if the complaint constitutes reasonable grounds to believe that a violation within the board's enforcement jurisdiction has occurred.  In conformance with section 626.843, subdivision 1b, at least two three members of the committee must be voting board members who are peace officers and one member of the committee must be a voting board member appointed from the general public.  No later than 30 days before the committee meets, the executive director shall give the licensee who is the subject of the complaint and the complainant written notice of the meeting.  The executive director shall also give the licensee a copy of the complaint.  Before making its determination, the committee shall give the complaining party and the licensee who is the subject of the complaint a reasonable opportunity to be heard.

 

(b) The committee shall, by majority vote, after considering the information supplied by the investigating agency and any additional information supplied by the complainant or the licensee who is the subject of the complaint, take one of the following actions:

 

(1) find that reasonable grounds exist to believe that a violation within the board's enforcement jurisdiction has occurred and order that an administrative hearing be held;

 

(2) decide that no further action is warranted; or

 

(3) continue the matter.

 

The executive director shall promptly give notice of the committee's action to the complainant and the licensee.

 

(c) If the committee determines that a complaint does not relate to matters within its enforcement jurisdiction but does relate to matters within another state or local agency's enforcement jurisdiction, it shall refer the complaint to the appropriate agency for disposition.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 5.  Minnesota Statutes 2020, section 244.09, subdivision 6, is amended to read:

 

Subd. 6.  Clearinghouse and information center.  The commission, in addition to establishing Sentencing Guidelines, shall serve as a clearinghouse and information center for the collection, preparation, analysis and dissemination of information on state and local sentencing and probation practices, and shall conduct ongoing research regarding Sentencing Guidelines, use of imprisonment and alternatives to imprisonment, probation terms, conditions of probation, probation revocations, plea bargaining, recidivism, and other matters relating to the improvement of the criminal justice system.  The commission shall from time to time make recommendations to the legislature regarding changes in the Criminal Code, criminal procedures, and other aspects of sentencing and probation.

 

This information shall include information regarding the impact of statutory changes to the state's criminal laws related to controlled substances, including those changes enacted by the legislature in Laws 2016, chapter 160.

 

Sec. 6.  Minnesota Statutes 2020, section 626.14, is amended to read:

 

626.14 TIME AND MANNER OF SERVICE; NO-KNOCK SEARCH WARRANTS.

 

Subdivision 1.  Time.  A search warrant may be served only between the hours of 7:00 a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits that a nighttime search outside those hours is necessary to prevent the loss, destruction, or removal of the objects of the search or to protect the searchers or the public.  The search warrant shall state that it may be served only between the hours of 7:00 a.m. and 8:00 p.m. unless a nighttime search outside those hours is authorized.


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Subd. 2.  Definition.  For the purposes of this section, "no-knock search warrant" means a search warrant authorizing peace officers to enter certain premises without first knocking and announcing the officer's presence or purpose prior to entering the premises.  No-knock search warrants may also be referred to as dynamic entry warrants.

 

Subd. 3.  Requirements for a no-knock search warrant.  No peace officer shall seek a no-knock search warrant unless the warrant application includes at a minimum:

 

(1) all documentation and materials the issuing court requires; and

 

(2) a sworn affidavit as provided in section 626.08.

 

Subd. 4.  Warrant application form.  (a) A law enforcement agency shall develop a warrant application form.  A completed warrant application form shall accompany every request for a no-knock search warrant.

 

(b) The warrant application form must be completed, signed, and dated by the peace officer seeking the no‑knock search warrant.

 

(c) Each warrant application must explain, in detailed terms, the following:

 

(1) why peace officers are unable to detain the suspect or search the residence using less invasive means or methods;

 

(2) what investigative activities have taken place to support issuance of the no-knock search warrant, or why no investigative activity is needed; and

 

(3) whether the warrant can be effectively executed during daylight hours according to subdivision 1.

 

(d) The chief law enforcement officer or designee and the supervising officer must review each warrant application form.  If the chief law enforcement officer or designee or commanding officer is unavailable, the direct superior officer shall review the materials.

 

(e) The warrant application form shall contain a certification of review section.  The form shall provide that, by executing the certification, the individual signing the form has reviewed its contents and approves the request for a no-knock search warrant.  The chief law enforcement officer or designee and the commanding officer, or the direct superior officer, must each sign, date, and indicate the time of the certification.

 

(f) Under no circumstance shall a no-knock search warrant be issued when the only crime alleged is drug possession.

 

Subd. 5.  Reporting requirements regarding no-knock search warrants.  (a) Law enforcement agencies shall report to the commissioner of public safety regarding the use of no-knock search warrants.  An agency must report the use of a no-knock search warrant to the commissioner no later than three months after the date the warrant was issued.  The report shall include the following information:

 

(1) the number of no-knock search warrants requested;

 

(2) the number of no-knock search warrants the court issued;

 

(3) the number of no-knock search warrants executed; and

 

(4) the number of injuries and fatalities suffered, if any, by peace officers and by civilians in the execution of no‑knock search warrants.


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(b) The commissioner of public safety shall report the information provided under paragraph (a) annually to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety.

 

Sec. 7.  Minnesota Statutes 2020, section 626.5531, subdivision 1, is amended to read:

 

Subdivision 1.  Reports required.  A peace officer must report to the head of the officer's department every violation of chapter 609 or a local criminal ordinance if the officer has reason to believe, or if the victim alleges, that the offender was motivated to commit the act by in whole or in part because of the victim's actual or perceived race, color, ethnicity, religion, national origin, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, or characteristics identified as sexual orientation because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03.  The superintendent of the Bureau of Criminal Apprehension shall adopt a reporting form to be used by law enforcement agencies in making the reports required under this section.  The reports must include for each incident all of the following:

 

(1) the date of the offense;

 

(2) the location of the offense;

 

(3) whether the target of the incident is a person, private property, or public property;

 

(4) the crime committed;

 

(5) the type of bias and information about the offender and the victim that is relevant to that bias;

 

(6) any organized group involved in the incident;

 

(7) the disposition of the case;

 

(8) whether the determination that the offense was motivated by bias was based on the officer's reasonable belief or on the victim's allegation; and

 

(9) any additional information the superintendent deems necessary for the acquisition of accurate and relevant data.

 

Sec. 8.  Minnesota Statutes 2020, section 626.842, subdivision 2, is amended to read:

 

Subd. 2.  Terms, compensation, removal, filling of vacancies.  The membership terms, compensation, removal of members and the filling of vacancies for members appointed pursuant to section 626.841, clauses (1), (2), (4), and (5) on the board; the provision of staff, administrative services and office space; the review and processing of complaints; the setting of fees; and other matters relating to board operations shall be as provided in chapter 214.

 

Sec. 9.  Minnesota Statutes 2020, section 626.8435, is amended to read:

 

626.8435 ENSURING POLICE EXCELLENCE AND IMPROVING COMMUNITY RELATIONS ADVISORY PEACE OFFICER STANDARDS AND TRAINING BOARD CITIZEN'S COUNCIL.

 

Subdivision 1.  Establishment and membership.  The Ensuring Police Excellence and Improving Community Relations Advisory Peace Officer Standards and Training Board Citizen's Council is established under the Peace Officer Standards and Training Board.  The council consists of the following 15 members:


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(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;

 

(2) the executive director of the Peace Officer Standards and Training Board, or a designee;

 

(3) the executive director of the Minnesota Police and Peace Officers Association, or a designee;

 

(4) the executive director of the Minnesota Sheriffs' Association, or a designee;

 

(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;

 

(6) six community members, of which:

 

(i) four members shall represent the community-specific boards established under section 257.0768 sections 15.0145 and 3.922, reflecting one appointment made by each board;

 

(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota chapter of the National Alliance on Mental Illness; and

 

(iii) one member shall be an advocate for victims and shall be appointed by Violence Free Minnesota; and

 

(7) four members appointed by the legislature, of which one shall be appointed by the speaker of the house, one by the house minority leader, one by the senate majority leader, and one by the senate minority leader.

 

The appointing authorities shall make their appointments by September 15, 2020, and shall ensure geographical balance when making appointments.

 

Subd. 2.  Purpose and duties.  (a) The purpose of the council is to assist the board in maintaining policies and regulating peace officers in a manner that ensures the protection of civil and human rights.  The council shall provide for citizen involvement in policing policies, regulations, and supervision.  The council shall advance policies and reforms that promote positive interactions between peace officers and the community.

 

(b) The board chair must place the council's recommendations to the board on the board's agenda within four months of receiving a recommendation from the council.

 

Subd. 3.  Organization.  The council shall be organized and administered under section 15.059, except that the council does not expire.  Council members serve at the pleasure of the appointing authority.  The council shall select a chairperson from among the members by majority vote at its first meeting.  The executive director of the board shall serve as the council's executive secretary.

 

Subd. 4.  Meetings.  The council must meet at least quarterly.  Meetings of the council are governed by chapter 13D.  The executive director of the Peace Officer Standards and Training Board shall convene the council's first meeting, which must occur by October 15, 2020.

 

Subd. 5.  Office support.  The executive director of the Peace Officer Standards and Training Board shall provide the council with the necessary office space, supplies, equipment, and clerical support to effectively perform the duties imposed.

 

Subd. 6.  Reports.  The council shall submit a report by February 15 of each year to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and the board.  At a minimum, the report shall include:


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(1) all recommendations presented to the board and how the board acted on those recommendations;

 

(2) recommendations for statutory reform or legislative initiatives intended to promote police-community relations; and

 

(3) updates on the council's review and determinations.

 

Sec. 10.  Minnesota Statutes 2020, section 626.845, subdivision 3, is amended to read:

 

Subd. 3.  Peace officer data.  The board, in consultation with the Minnesota Chiefs of Police Association, Minnesota Sheriffs' Association, and Minnesota Police and Peace Officers Association, shall create a central repository for peace officer data designated as public data under chapter 13.  The database shall be designed to receive, in real time, the public data required to be submitted to the board by law enforcement agencies in section 626.8457, subdivision 3, paragraph (b).  To ensure the anonymity of individuals, the database must use encrypted data to track information transmitted on individual peace officers.

 

Sec. 11.  Minnesota Statutes 2020, section 626.8451, subdivision 1, is amended to read:

 

Subdivision 1.  Training course; crimes motivated by bias.  (a) The board must prepare a approve a list of training course courses to assist peace officers in identifying and, responding to, and reporting crimes motivated by in whole or in part because of the victim's or another's actual or perceived race, color, ethnicity, religion, national origin, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, or characteristics identified as sexual orientation because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03.  The course must include material to help officers distinguish bias crimes from other crimes, to help officers in understanding and assisting victims of these crimes, and to ensure that bias crimes will be accurately reported as required under section 626.5531.  The course must be updated periodically board must review the approved courses every three years and update the list of approved courses as the board, in consultation with the commissioner of human rights, considers appropriate.

 

(b) In updating the list of approved training courses described in paragraph (a), the board must consult and secure approval from the commissioner of human rights.

 

Sec. 12.  Minnesota Statutes 2020, section 626.8457, subdivision 3, is amended to read:

 

Subd. 3.  Report on alleged misconduct; database; report.  (a) A chief law enforcement officer shall report annually to the board summary data regarding the investigation and disposition of cases involving alleged misconduct, indicating the total number of investigations, the total number by each subject matter, the number dismissed as unfounded, and the number dismissed on grounds that the allegation was unsubstantiated.

 

(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit individual peace officer data classified as public data on individuals, as defined by section 13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision 12, and submitted using encrypted data that the board determines is necessary to:

 

(1) evaluate the effectiveness of statutorily required training;

 

(2) assist the Ensuring Police Excellence and Improving Community Relations Advisory Peace Officer Standards and Training Board Citizen's Council in accomplishing the council's duties; and

 

(3) allow for the board, the Ensuring Police Excellence and Improving Community Relations Advisory Peace Officer Standards and Training Board Citizen's Council, and the board's complaint investigation committee to identify patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated model policy.


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(c) The reporting obligation in paragraph (b) is ongoing.  A chief law enforcement officer must update data within 30 days of final disposition of a complaint or investigation.

 

(d) Law enforcement agencies and political subdivisions are prohibited from entering into a confidentiality agreement that would prevent disclosure of the data identified in paragraph (b) to the board.  Any such confidentiality agreement is void as to the requirements of this section.

 

(e) By February 1 of each year, the board shall prepare a report that contains summary data provided under paragraph (b).  The board must post the report on its publicly accessible website and provide a copy to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy.

 

(f) For purposes of identifying potential patterns and trends in police misconduct and determining training needs and the purpose of the database outlined in paragraph (b), the board shall adopt rules including but not limited to:

 

(1) creating detailed classifications of peace officer complaints and discipline by conduct type and severity for formal signed complaints;

 

(2) establishing definitions for the following terms, including but not limited to formal complaint, discipline action, coaching, and retraining; and

 

(3) directing annual reporting by each chief law enforcement officer of the number and types of complaints:

 

(i) received by the law enforcement agency, including but not limited to complaints involving chief law enforcement officers;

 

(ii) initiated by action of the agency and resulting in investigation;

 

(iii) resulting in formal discipline, including but not limited to verbal and written reprimand, suspension, or demotion, excluding termination;

 

(iv) resulting in termination;

 

(v) that are formal and result in coaching or retraining; and

 

(vi) for each officer in the agency's employ, and whether the complaint and investigation resulted in final discipline.

 

Sec. 13.  Minnesota Statutes 2020, section 626.8459, is amended to read:

 

626.8459 POST BOARD; COMPLIANCE REVIEWS REQUIRED.

 

Subdivision 1.  Annual reviews; scope.  (a) Each year, the board shall conduct compliance reviews on all state and local law enforcement agencies.  The compliance reviews must ensure that the agencies are complying with all requirements imposed on them by statute and rule.  The board shall update its procedures governing compliance reviews to update, among other items, its assessment of the following data points, and evaluation of the policies and practices that contribute to the following:

 

(1) the effectiveness of required in-service training and adherence to model policies which are to include an assessment and self-response survey where subjects explain the state of the following:

 

(i) the number of use of force incidents per office and officers;


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(ii) the rate of arrests and stops involving minorities compared to that of their white counterparts within the same jurisdiction, if data is available;

 

(iii) the number of emergency holds requested by officers; and

 

(iv) other categorical metrics as deemed necessary by the board;

 

(2) the agency's investigations of complaints the board refers to the agency pursuant to section 214.10, subdivision 10, and how the chief law enforcement officer holds officers accountable for violations of statutory requirements imposed on peace officers, applicable standards of conduct, board-mandated model policies, and agency-established policies; and

 

(3) the on and off duty conduct of officers employed by the agency to determine if the officers' conduct is adversely affecting public respect and trust of law enforcement.

 

Subd. 2.  Discovery; subpoenas.  For the purpose of compliance reviews under this section, the board or director may exercise the discovery and subpoena authority granted to the board under section 214.10, subdivision 3.

 

Subd. 3.  Reports required.  The board shall include in the reports to the legislature required in section 626.843, subdivision 4, detailed information on the compliance reviews conducted under this section.  At a minimum, the reports must specify each requirement imposed by statute and rule on law enforcement agencies, the compliance rate of each agency, a summary of the investigation of matters listed in subdivision 1, clause (1), items (i) to (iv), and the action taken by the board, if any, against an agency not in compliance.

 

Subd. 4.  Licensing sanctions authorized.  (b) The board may impose licensing sanctions and seek injunctive relief under section 214.11 for an agency's failure to comply with a requirement imposed on it in statute or rule.

 

Sec. 14.  Minnesota Statutes 2020, section 626.8469, subdivision 1, is amended to read:

 

Subdivision 1.  In-service training required.  (a) Beginning July 1, 2018, the chief law enforcement officer of every state and local law enforcement agency shall provide in-service training in crisis intervention and mental illness crises; conflict management and mediation; and recognizing and valuing community diversity and cultural differences to include implicit bias training; and training to assist peace officers in identifying, responding to, and reporting crimes committed in whole or in part because of the victim's actual or perceived race, religion, national origin, sex, age, disability, or characteristics identified as sexual orientation to every peace officer and part-time peace officer employed by the agency.  The training shall comply with learning objectives developed and approved by the board and shall meet board requirements for board-approved continuing education credit.  Every three years the board shall review the learning objectives and must consult and collaborate with the commissioner of human rights in identifying appropriate objectives and training courses related to identifying, responding to, and reporting crimes committed in whole or in part because of the victim's or another's actual or perceived race, color, ethnicity, religion, national origin, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, or characteristics identified as sexual orientation because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03.  The training shall consist of at least 16 continuing education credits within an officer's three-year licensing cycle.  Each peace officer with a license renewal date after June 30, 2018, is not required to complete this training until the officer's next full three-year licensing cycle.

 

(b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided by an approved entity.  The board shall create a list of approved entities and training courses and make the list available to the chief law enforcement officer of every state and local law enforcement agency.  Each peace officer (1) with a license renewal date before June 30, 2022, and (2) who received the training mandated under paragraph (a) before July 1, 2021, is not required to receive this training by an approved entity until the officer's next full three-year licensing cycle.


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(c) For every peace officer and part-time peace officer with a license renewal date of June 30, 2022, or later, the training mandated under paragraph (a) must:

 

(1) include a minimum of six hours for crisis intervention and mental illness crisis training that meets the standards established in subdivision 1a; and

 

(2) include a minimum of four hours to ensure safer interactions between peace officers and persons with autism in compliance with section 626.8474.

 

Sec. 15.  Minnesota Statutes 2020, section 626.8469, is amended by adding a subdivision to read:

 

Subd. 1b.  Crisis intervention and mental illness crisis training; dementia and Alzheimer's.  The board, in consultation with stakeholders, including but not limited to the Minnesota Crisis Intervention Team and the Alzheimer's Association, shall create a list of approved entities and training courses primarily focused on issues associated with persons with dementia and Alzheimer's disease.  To receive the board's approval, a training course must:

 

(1) have trainers with at least two years of direct care of a person with Alzheimer's disease or dementia, crisis intervention training, and mental health experience;

 

(2) cover techniques for responding to and issues associated with persons with dementia and Alzheimer's disease, including at a minimum wandering, driving, abuse, and neglect; and

 

(3) meet the crisis intervention and mental illness crisis training standards established in subdivision 1a.

 

Sec. 16.  Minnesota Statutes 2020, section 626.8473, subdivision 3, is amended to read:

 

Subd. 3.  Written policies and procedures required.  (a) The chief officer of every state and local law enforcement agency that uses or proposes to use a portable recording system must establish and enforce a written policy governing its use.  In developing and adopting the policy, the law enforcement agency must provide for public comment and input as provided in subdivision 2.  Use of a portable recording system without adoption of a written policy meeting the requirements of this section is prohibited.  The written policy must be posted on the agency's website, if the agency has a website.

 

(b) At a minimum, the written policy must incorporate the following:

 

(1) the requirements of section 13.825 and other data classifications, access procedures, retention policies, and data security safeguards that, at a minimum, meet the requirements of chapter 13 and other applicable law.  The policy must prohibit altering, erasing, or destroying any recording made with a peace officer's portable recording system or data and metadata related to the recording prior to the expiration of the applicable retention period under section 13.825, subdivision 3, except that the full, unedited and unredacted recording of a peace officer using deadly force must be maintained indefinitely;

 

(2) mandate that a deceased individual's next of kin, legal representative of the next of kin, or other parent of the deceased individual's children be entitled to view any and all recordings from a peace officer's portable recording system, redacted no more than what is required by law, of an officer's use of deadly force no later than 48 hours after an incident where deadly force used by a peace officer results in death of an individual, except that a chief law enforcement officer may deny a request if investigators can articulate a compelling reason as to why allowing the deceased individual's next of kin, legal representative of the next of kin, or other parent of the deceased individual's children to review the recordings would interfere with the agency conducting a thorough investigation.  If the chief law enforcement officer denies a request under this provision, the agency's policy must require the chief law enforcement officer to issue a prompt, written denial and provide notice to the deceased individual's next of kin, legal representative of the next of kin, or other parent of the deceased individual's children that they may seek relief from the district court;


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(3) mandate release of all recordings of an incident where a peace officer used deadly force and an individual dies to the deceased individual's next of kin, legal representative of the next of kin, and other parent of the deceased individual's children no later than 90 days after the incident;

 

(4) procedures for testing the portable recording system to ensure adequate functioning;

 

(3) (5) procedures to address a system malfunction or failure, including requirements for documentation by the officer using the system at the time of a malfunction or failure;

 

(4) (6) circumstances under which recording is mandatory, prohibited, or at the discretion of the officer using the system;

 

(5) (7) circumstances under which a data subject must be given notice of a recording;

 

(6) (8) circumstances under which a recording may be ended while an investigation, response, or incident is ongoing;

 

(7) (9) procedures for the secure storage of portable recording system data and the creation of backup copies of the data; and

 

(8) (10) procedures to ensure compliance and address violations of the policy, which must include, at a minimum, supervisory or internal audits and reviews, and the employee discipline standards for unauthorized access to data contained in section 13.09.

 

Sec. 17.  Minnesota Statutes 2020, section 626.8475, is amended to read:

 

626.8475 DUTY TO INTERCEDE AND REPORT.

 

(a) Regardless of tenure or rank, a peace officer must intercede when:

 

(1) present and observing another peace officer using force in violation of section 609.066, subdivision 2, or otherwise beyond that which is objectively reasonable under the circumstances; and

 

(2) physically or verbally able to do so.

 

(b) A peace officer who observes another employee or peace officer use force that exceeds the degree of force permitted by law has the duty to report the incident in writing within 24 hours to the chief law enforcement officer of the agency that employs the reporting peace officer.  A chief law enforcement officer who receives a report under this section must report the incident to the board on the form adopted by the board pursuant to paragraph (d).

 

(c) A peace officer who breaches a duty established in this subdivision is subject to discipline by the board under Minnesota Rules, part 6700.1600.

 

(d) The board shall adopt a reporting form to be used by law enforcement agencies in making the reports required under this section.  The reports must include for each incident all of the following:

 

(1) the name of the officer accused of using excessive force;

 

(2) the date of the incident;

 

(3) the location of the incident;


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(4) the name of the person who was subjected to excessive force, if known; and

 

(5) a description of the force used in the incident.

 

Reports received by the board are licensing data governed by section 13.41.

 

(e) A peace officer who breaches a duty established in this section is subject to discipline by the board under Minnesota Rules, part 6700.1600.

 

Sec. 18.  [626.8476] CONFIDENTIAL INFORMANTS; REQUIRED POLICY AND TRAINING.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the terms in this subdivision have the meanings given them.

 

(b) "Confidential informant" means a person who cooperates with a law enforcement agency confidentially in order to protect the person or the agency's intelligence gathering or investigative efforts and:

 

(1) seeks to avoid arrest or prosecution for a crime, mitigate punishment for a crime in which a sentence will be or has been imposed, or receive a monetary or other benefit; and

 

(2) is able, by reason of the person's familiarity or close association with suspected criminals, to:

 

(i) make a controlled buy or controlled sale of contraband, controlled substances, or other items that are material to a criminal investigation;

 

(ii) supply regular or constant information about suspected or actual criminal activities to a law enforcement agency; or

 

(iii) otherwise provide information important to ongoing criminal intelligence gathering or criminal investigative efforts.

 

(c) "Controlled buy" means the purchase of contraband, controlled substances, or other items that are material to a criminal investigation from a target offender that is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of a confidential informant.

 

(d) "Controlled sale" means the sale of contraband, controlled substances, or other items that are material to a criminal investigation to a target offender that is initiated, managed, overseen, or participated in by law enforcement personnel with the knowledge of a confidential informant.

 

(e) "Mental harm" means a psychological injury that is not necessarily permanent but results in visibly demonstrable manifestations of a disorder of thought or mood that impairs a person's judgment or behavior.

 

(f) "Target offender" means the person suspected by law enforcement personnel to be implicated in criminal acts by the activities of a confidential informant.

 

Subd. 2.  Model policy.  (a) By January 1, 2022, the board shall adopt a model policy addressing the use of confidential informants by law enforcement.  The model policy must establish policies and procedures for the recruitment, control, and use of confidential informants.  In developing the policy, the board shall consult with representatives of the Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota Sheriff's Association, Minnesota Police and Peace Officers Association, Minnesota County Attorneys Association, treatment centers for substance abuse, and mental health organizations.  The model policy must include, at a minimum, the following:


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(1) information that the law enforcement agency shall maintain about each confidential informant that must include, at a minimum, an emergency contact for the informant in the event of the informant's physical or mental harm or death;

 

(2) a process to advise a confidential informant of conditions, restrictions, and procedures associated with participating in the agency's investigative or intelligence gathering activities;

 

(3) procedures for compensation to an informant that is commensurate with the value of the services and information provided and based on the level of the targeted offender, the amount of any seizure, and the significance of contributions made by the informant;

 

(4) designated supervisory or command-level review and oversight in the use of a confidential informant;

 

(5) consultation with the informant's probation, parole, or supervised release agent, if any;

 

(6) limits or restrictions on off-duty association or social relationships by law enforcement agency personnel with a confidential informant;

 

(7) limits or restrictions on the potential exclusion of an informant from engaging in a controlled buy or sale of a controlled substance if the informant is known by the law enforcement agency to:  (i) be receiving in-patient or out‑patient treatment administered by a licensed service provider for substance abuse; (ii) be participating in a treatment-based drug court program; or (iii) have experienced a drug overdose within the past year;

 

(8) exclusion of an informant under the age of 18 years from participating in a controlled buy or sale of a controlled substance without the written consent of a parent or legal guardian, except that the informant may provide confidential information to a law enforcement agency;

 

(9) consideration of an informant's diagnosis of mental illness, substance abuse, or disability, and history of mental illness, substance abuse, or disability;

 

(10) guidelines for the law enforcement agency to consider if the agency decides to establish a procedure to request an advocate from the county social services agency for an informant if the informant is an addict in recovery or possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction that impairs the informant's ability to understand instructions and make informed decisions, where the agency determines this process does not place the informant in any danger;

 

(11) guidelines for the law enforcement agency to use to encourage prospective and current confidential informants who are known to be substance abusers or to be at risk for substance abuse to seek prevention or treatment services;

 

(12) reasonable protective measures for a confidential informant when law enforcement knows or should have known of a risk or threat of harm to a person serving as a confidential informant and the risk or threat of harm is a result of the informant's service to the law enforcement agency;

 

(13) guidelines for the training and briefing of a confidential informant;

 

(14) reasonable procedures to help protect the identity of a confidential informant during the time the person is acting as an informant;

 

(15) procedures to deactivate a confidential informant that maintain the safety and anonymity of the informant;

 

(16) optional procedures that the law enforcement agency may adopt relating to deactivated confidential informants to offer and provide assistance to them with physical, mental, or emotional health services;


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(17) a process to evaluate and report the criminal history and propensity for violence of any target offenders; and

 

(18) guidelines for a written agreement between the confidential informant and the law enforcement agency that take into consideration, at a minimum, an informant's physical or mental infirmity or other physical, mental, or emotional dysfunction that impairs the informant's ability to knowingly contract or otherwise protect the informant's self-interest.

 

(b) The board shall annually review and, as necessary, revise the model confidential informant policy in collaboration with representatives from the organizations listed under paragraph (a).

 

Subd. 3.  Agency policies required.  (a) The chief law enforcement officer of every state and local law enforcement agency must establish and enforce a written policy governing the use of confidential informants.  The policy must be identical or, at a minimum, substantially similar to the new or revised model policy adopted by the board under subdivision 2.

 

(b) Every state and local law enforcement agency must certify annually to the board that it has adopted a written policy in compliance with the board's model confidential informant policy.

 

(c) The board shall assist the chief law enforcement officer of each state and local law enforcement agency in developing and implementing confidential informant policies under this subdivision.

 

Subd. 4.  Required in-service training.  The chief law enforcement officer of every state and local law enforcement agency shall provide in-service training in the recruitment, control, and use of confidential informants to every peace officer and part-time peace officer employed by the agency who the chief law enforcement officer determines is involved in working with confidential informants given the officer's responsibilities.  The training shall comply with learning objectives based on the policies and procedures of the model policy developed and approved by the board.

 

Subd. 5.  Compliance reviews.  The board has the authority to inspect state and local agency policies to ensure compliance with this section.  The board may conduct the inspection based upon a complaint it receives about a particular agency or through a random selection process.

 

Subd. 6.  Licensing sanctions; injunctive relief.  The board may impose licensing sanctions and seek injunctive relief under section 214.11 for failure to comply with the requirements of this section.

 

Subd. 7.  Title.  This section shall be known as "Matthew's Law."

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 19.  [626.8477] INVESTIGATING HUMAN TRAFFICKING CASES; POLICIES REQUIRED.

 

Subdivision 1.  Model policy required.  By December 15, 2021, the board, in consultation with the statewide human trafficking investigation coordinator defined in section 299A.873, as well as other interested parties including the Bureau of Criminal Apprehension, the Human Trafficking Investigators Task Force, representatives of other sex trafficking task forces, prosecutors, and Minnesota victim advocacy groups, must develop and distribute to all chief law enforcement officers a comprehensive model policy for law enforcement investigations of human trafficking cases, including sex trafficking and labor trafficking, that are victim-centered and takes into account best practices, including the Safe Harbor Protocol Guidelines developed pursuant to legislative appropriation, and ensures a thorough investigation of these cases and that victims are treated respectfully.


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Subd. 2.  Agency policies required.  (a) By March 15, 2022, the chief law enforcement officer of every state and local law enforcement agency must establish and enforce a written policy governing the investigation of human trafficking cases within the agency that is identical or substantially similar to the board's model policy described in subdivision 1.  The chief law enforcement officer must ensure that each peace officer investigating a human trafficking case follows the agency's policy.

 

(b) Every state and local law enforcement agency must certify to the board that it has adopted a written policy in compliance with this subdivision.

 

(c) The board must assist the chief law enforcement officer of each state and local law enforcement agency in developing and implementing policies under this subdivision.

 

Sec. 20.  [626.8478] PUBLIC ASSEMBLY RESPONSE; POLICIES REQUIRED.

 

Subdivision 1.  Model policy required.  By December 15, 2021, the board must develop a comprehensive model policy on responding to public assemblies.  The policy must be based on best practices in public assembly response drawn from both domestic and international sources.  In developing the policy, the board must consult with representatives of the Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota Sheriffs' Association, Minnesota Police and Peace Officers Association, Minnesota County Attorneys Association, a nonprofit that organizes public assemblies, a nonprofit that provides legal services to defend the rights of those who participate in public assemblies, and other interested parties.  The board must distribute the model policy to all chief law enforcement officers.

 

Subd. 2.  Agency policies required.  (a) By March 15, 2022, each chief law enforcement officer must establish and implement a written policy on public assembly response that is identical or substantially similar to the board's model policy described in subdivision 1.  The policy shall include specific actions to be taken during a public assembly response.

 

(b) The board must assist the chief law enforcement officer of each state and local law enforcement agency in developing and implementing policies under this subdivision.

 

Subd. 3.  Available resources.  If an agency, board, or local representative reviews or updates its policies on public assembly response, it may consider the advice and counsel of nonprofits that organize public assemblies.

 

Subd. 4.  Compliance reviews authorized.  The board has authority to inspect state and local law enforcement agency policies to ensure compliance with subdivision 2.  The board may conduct this inspection based upon a complaint it receives about a particular agency or through a random selection process.  The board must conduct a compliance review after any major public safety event.  The board may impose licensing sanctions and seek injunctive relief under section 214.11 for an agency's failure to comply with subdivision 2.

 

Sec. 21.  Minnesota Statutes 2020, section 626.89, subdivision 2, is amended to read:

 

Subd. 2.  Applicability.  The procedures and provisions of this section apply to law enforcement agencies and government units.  The procedures and provisions of this section do not apply to:

 

(1) investigations by civilian review boards, commissions, or other oversight bodies; or

 

(2) investigations of criminal charges against an officer.


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Sec. 22.  Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:

 

Subd. 17.  Civilian review.  (a) As used in this subdivision, the following terms have the meanings given them:

 

(1) "civilian oversight council" means a civilian review board, commission, or other oversight body established by a local unit of government to provide civilian oversight of a law enforcement agency and officers employed by the agency; and

 

(2) "misconduct" means a violation of law, standards promulgated by the Peace Officer Standards and Training Board, or agency policy.

 

(b) A local unit of government may establish a civilian review board, commission, or other oversight body shall not have council and grant the council the authority to make a finding of fact or determination regarding a complaint against an officer or impose discipline on an officer.  A civilian review board, commission, or other oversight body may make a recommendation regarding the merits of a complaint, however, the recommendation shall be advisory only and shall not be binding on nor limit the authority of the chief law enforcement officer of any unit of government.