1.1 A bill for an act
1.2 relating to civil law; amending certain policy provisions related to forfeiture, name
1.3 change, property, survival of cause of action after death, mediation for debtors
1.4 owning agricultural property, State Board of Public Defense, construction contracts,
1.5 civil rights, gender identity, data, notaries public, and health care incident open
1.6 discussion; amending Minnesota Statutes 2022, sections 13.072, subdivision 1;
1.7 13.32, subdivisions 3, 5; 13.643, subdivision 6; 15.71, by adding subdivisions;
1.8 15.72, by adding a subdivision; 82B.195, subdivision 3; 169A.63, subdivision 8;
1.9 245I.12, subdivision 1; 259.11; 259.13, subdivisions 1, 5; 325F.992, subdivision
1.10 3; 336.9-601; 337.01, subdivision 3; 337.05, subdivision 1; 357.17; 359.04;
1.11 363A.02, subdivision 1; 363A.03, subdivisions 23, 44, by adding a subdivision;
1.12 363A.04; 363A.06, subdivision 1; 363A.07, subdivision 2; 363A.08, subdivisions
1.13 1, 2, 3, 4, by adding a subdivision; 363A.09, subdivisions 1, 2, 3, 4; 363A.11,
1.14 subdivisions 1, 2; 363A.12, subdivision 1; 363A.13, subdivisions 1, 2, 3, 4;
1.15 363A.15; 363A.16, subdivision 1; 363A.17; 363A.21, subdivision 1; 504B.301;
1.16 508.52; 517.04; 517.08, subdivisions 1a, 1b; 518.191, subdivisions 1, 3; 550.365,
1.17 subdivision 2; 559.209, subdivision 2; 573.01; 573.02, subdivisions 1, 2; 582.039,
1.18 subdivision 2; 583.25; 583.26, subdivision 2; 600.23; 609.5314, subdivision 3;
1.19 611.215, subdivision 1; proposing coding for new law in Minnesota Statutes,
1.20 chapters 13; 145; 259; 359; repealing Minnesota Statutes 2022, sections 346.02;
1.21 363A.20, subdivision 3; 363A.27; 504B.305; 582.14.
1.22BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.23 ARTICLE 1
1.24 CIVIL LAW, PROPERTY, AND BOARD MEMBERSHIP
1.25 Section 1. Minnesota Statutes 2022, section 169A.63, subdivision 8, is amended to read:
1.26 Subd. 8.Administrative forfeiture procedure.(a) A motor vehicle used to commit a
1.27designated offense or used in conduct resulting in a designated license revocation is subject
1.28to administrative forfeiture under this subdivision.
1Article 1 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 447
NINETY-THIRD SESSION
Authored by Becker-Finn01/17/2023
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
Adoption of Report: Placed on the General Register as Amended04/03/2023
Pursuant to Joint Rule 2.03, re-referred to the Committee on Rules and Legislative Administration 2.1 (b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within
2.2a reasonable time after seizure, the appropriate agency shall serve the driver or operator of
2.3the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when
2.4a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all
2.5persons known to have an ownership, possessory, or security interest in the vehicle must
2.6be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to
2.7be registered under chapter 168, the notification to a person known to have a security interest
2.8in the vehicle is required only if the vehicle is registered under chapter 168 and the interest
2.9is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting
2.10authority, a court may extend the time period for sending notice for a period not to exceed
2.1190 days for good cause shown. Notice mailed by certified mail to the address shown in
2.12Department of Public Safety records is sufficient notice to the registered owner of the
2.13vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed
2.14by certified mail to the address shown in the applicable filing or registration for the vehicle
2.15is sufficient notice to a person known to have an ownership, possessory, or security interest
2.16in the vehicle. Otherwise, notice may be given in the manner provided by law for service
2.17of a summons in a civil action.
2.18 (c) The notice must be in writing and contain:
2.19 (1) a description of the vehicle seized;
2.20 (2) the date of seizure; and
2.21 (3) notice of the right to obtain judicial review of the forfeiture and of the procedure for
2.22obtaining that judicial review, printed in English. This requirement does not preclude the
2.23appropriate agency from printing the notice in other languages in addition to English.
2.24 Substantially the following language must appear conspicuously in the notice:
2.25 "WARNING: If you were the person arrested when the property was seized, you will
2.26automatically lose the above-described property and the right to be heard in court if you do
2.27not file a lawsuit and serve the prosecuting authority within 60 days. You may file your
2.28lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must
2.29file in district court. You do not have to pay a filing fee for your lawsuit.
2.30 WARNING: If you have an ownership interest in the above-described property and were
2.31not the person arrested when the property was seized, you will automatically lose the
2.32above-described property and the right to be heard in court if you do not notify the
2.33prosecuting authority of your interest in writing within 60 days."
2Article 1 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 3.1 (d) If notice is not sent in accordance with paragraph (b), and no time extension is granted
3.2or the extension period has expired, the appropriate agency shall return the vehicle to the
3.3owner. An agency's return of property due to lack of proper notice does not restrict the
3.4agency's authority to commence a forfeiture proceeding at a later time.
3.5 (e) Within 60 days following service of a notice of seizure and forfeiture under this
3.6subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The
3.7demand must be in the form of a civil complaint and must be filed with the court
3.8administrator in the county in which the seizure occurred, together with proof of service of
3.9a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture.
3.10The claimant may serve the complaint by certified mail or any means permitted by court
3.11rules. If the value of the seized property is $15,000 or less, the claimant may file an action
3.12in conciliation court for recovery of the seized vehicle. A copy of the conciliation court
3.13statement of claim must may be served personally or by mail as permitted by the Rules of
3.14Conciliation Court Procedure on the prosecuting authority having jurisdiction over the
3.15forfeiture within 60 days following service of the notice of seizure and forfeiture under this
3.16subdivision. The claimant does not have to pay the court filing fee.
3.17 No responsive pleading is required of the prosecuting authority and no court fees may
3.18be charged for the prosecuting authority's appearance in the matter. The prosecuting authority
3.19may appear for the appropriate agency. Pleadings, filings, and methods of service are
3.20governed by the Rules of Civil Procedure and, where applicable, by the Rules of Conciliation
3.21Court Procedure.
3.22 (f) The complaint must be captioned in the name of the claimant as plaintiff and the
3.23seized vehicle as defendant, and must state with specificity the grounds on which the claimant
3.24alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and
3.25any affirmative defenses the claimant may have. Notwithstanding any law to the contrary,
3.26an action for the return of a vehicle seized under this section may not be maintained by or
3.27on behalf of any person who has been served with a notice of seizure and forfeiture unless
3.28the person has complied with this subdivision.
3.29 (g) If the claimant makes a timely demand for a judicial determination under this
3.30subdivision, the forfeiture proceedings must be conducted as provided under subdivision
3.319.
3.32 EFFECTIVE DATE.This section is effective the day following final enactment.
3Article 1 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 4.1 Sec. 2. Minnesota Statutes 2022, section 259.11, is amended to read:
4.2 259.11 ORDER; FILING COPIES.
4.3 (a) Upon meeting the requirements of section 259.10, the court shall grant the application
4.4unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits
4.5granting the name change; or (3) in the case of the change of a minor child's name, the court
4.6finds that such name change is not in the best interests of the child. The court shall set forth
4.7in the order the name and age of the applicant's spouse and each child of the applicant, if
4.8any, and shall state a description of the lands, if any, in which the applicant and the spouse
4.9and children, if any, claim to have an interest. The court administrator shall file such order,
4.10and record the same in the judgment book. If lands be described therein, a certified copy of
4.11the order shall be filed for record, by the applicant, with the county recorder of each county
4.12wherein any of the same are situated. Before doing so the court administrator shall present
4.13the same to the county auditor who shall enter the change of name in the auditor's official
4.14records and note upon the instrument, over an official signature, the words "change of name
4.15recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until
4.16the applicant shall have paid to the county recorder and court administrator the fee required
4.17by law. No application shall be denied on the basis of the marital status of the applicant.
4.18 (b) When a person applies for a name change, the court shall determine whether the
4.19person has a criminal history in this or any other state. The court may conduct a search of
4.20national records through the Federal Bureau of Investigation by submitting a set of
4.21fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is
4.22determined that the person has a criminal history in this or any other state, the court shall,
4.23within ten days after the name change application is granted, report the name change to the
4.24Bureau of Criminal Apprehension. The person whose name is changed shall also report the
4.25change to the Bureau of Criminal Apprehension within ten days. The court granting the
4.26name change application must explain this reporting duty in its order. Any person required
4.27to report the person's name change to the Bureau of Criminal Apprehension who fails to
4.28report the name change as required under this paragraph is guilty of a gross misdemeanor.
4.29 (c) Paragraph (b) does not apply to either:
4.30 (1) a request for a name change as part of an application for a marriage license under
4.31section 517.08; or
4.32 (2) a request for a name change in conjunction with a marriage dissolution under section
4.33518.27; or
4.34 (3) a request for a name change filed under section 259.14.
4Article 1 Sec. 2.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 5.1 Sec. 3. Minnesota Statutes 2022, section 259.13, subdivision 1, is amended to read:
5.2 Subdivision 1.Procedure for seeking name change.(a) A person with a felony
5.3conviction under Minnesota law or the law of another state or federal jurisdiction shall serve
5.4a notice of application for a name change on the prosecuting authority that obtained the
5.5conviction against the person when seeking a name change through one of the following
5.6procedures:
5.7 (1) an application for a name change under section 259.10; or
5.8 (2) a request for a name change as part of an application for a marriage license under
5.9section 517.08; or
5.10 (3) (2) a request for a name change in conjunction with a marriage dissolution under
5.11section 518.27.
5.12If the conviction is from another state or federal jurisdiction, notice of application must also
5.13be served on the attorney general.
5.14 (b) A person who seeks a name change under section 259.10 or 518.27 shall file proof
5.15of service with the court as part of the name change request. A person who seeks a name
5.16change under section 517.08 shall file proof of service with the county as part of the
5.17application for a marriage license.
5.18 (c) The name change request may not be granted during the 30-day period provided for
5.19in subdivision 2 or, if an objection is filed under subdivision 2, until satisfaction of the
5.20requirements in subdivision 3 or 4. Nothing in this section shall delay the granting of a
5.21marriage license under section 517.08, which may be granted without the name change.
5.22 Sec. 4. Minnesota Statutes 2022, section 259.13, subdivision 5, is amended to read:
5.23 Subd. 5.Costs.(a) Except as provided in paragraph (b), a person seeking a name change
5.24under this section may proceed in forma pauperis only when the failure to allow the name
5.25change would infringe upon a constitutional right.
5.26 (b) A court shall not require a person with a felony conviction to pay filing fees for a
5.27name change application provided that the person files the action within 180 days after the
5.28marriage and submits to the court a certified copy of the marriage certificate.
5.29 Sec. 5. [259.14] POSTDISSOLUTION NAME CHANGE.
5.30 (a) A person who has resided in this state for at least six months and obtained the person's
5.31most recent final marriage dissolution from a district court in this state may apply to the
5Article 1 Sec. 5.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 6.1district court in the county where the person resides to change the person's name to the legal
6.2name on the person's birth certificate. A person applying for a name change must submit a
6.3certified copy of the certificate of dissolution issued pursuant to section 518.148 and a
6.4certified copy of the person's birth certificate.
6.5 (b) A court shall not require a person applying for a name change to pay filing fees for
6.6an application submitted pursuant to this section. Notwithstanding section 259.10, a court
6.7shall not require the person applying for a name change to provide proof of the person's
6.8identity by two witnesses unless the proof of identity is necessary to determine whether the
6.9person has an intent to defraud or mislead the court.
6.10 (c) Upon meeting the requirements of this section, the court shall grant the application
6.11for a name change unless the court finds that: (1) the person has an intent to defraud or
6.12mislead the court; or (2) section 259.13 prohibits granting the name change. The court shall
6.13notify the person applying for a name change that using a different surname without
6.14complying with section 259.13, if applicable, is a gross misdemeanor.
6.15 Sec. 6. Minnesota Statutes 2022, section 325F.992, subdivision 3, is amended to read:
6.16 Subd. 3.Penalties; remedies.In addition to any other remedies available under the law,
6.17the military beneficiary injured by a violation of this section may bring a cause of action to
6.18recover damages, reasonable attorney fees and costs, or and equitable relief related to a
6.19violation of subdivision 2. The attorney general may enforce this section pursuant to
6.20applicable law.
6.21 Sec. 7. Minnesota Statutes 2022, section 336.9-601, is amended to read:
6.22 336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT;
6.23CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT
6.24INTANGIBLES, OR PROMISSORY NOTES.
6.25 (a) Rights of secured party after default. After default, a secured party has the rights
6.26provided in this part and, except as otherwise provided in section 336.9-602, those provided
6.27by agreement of the parties. A secured party:
6.28 (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
6.29interest, or agricultural lien by any available judicial procedure; and
6.30 (2) if the collateral is documents, may proceed either as to the documents or as to the
6.31goods they cover.
6Article 1 Sec. 7.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 7.1 (b) Rights and duties of secured party in possession or control. A secured party in
7.2possession of collateral or control of collateral under section 336.7-106, 336.9-104,
7.3336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207.
7.4 (c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and
7.5(b) are cumulative and may be exercised simultaneously.
7.6 (d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and
7.7section 336.9-605, after default, a debtor and an obligor have the rights provided in this part
7.8and by agreement of the parties.
7.9 (e) Lien of levy after judgment. If a secured party has reduced its claim to judgment,
7.10the lien of any levy that may be made upon the collateral by virtue of an execution based
7.11upon the judgment relates back to the earliest of:
7.12 (1) the date of perfection of the security interest or agricultural lien in the collateral;
7.13 (2) the date of filing a financing statement covering the collateral; or
7.14 (3) any date specified in a statute under which the agricultural lien was created.
7.15 (f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest
7.16or agricultural lien by judicial procedure within the meaning of this section. A secured party
7.17may purchase at the sale and thereafter hold the collateral free of any other requirements
7.18of this article.
7.19 (g) Consignor or buyer of certain rights to payment. Except as otherwise provided
7.20in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor
7.21or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
7.22 (h) Security interest in collateral that is agricultural property; enforcement. A
7.23person may not begin to enforce a security interest in collateral that is agricultural property
7.24subject to sections 583.20 to 583.32 that has secured a debt of more than the amount provided
7.25in section 583.24, subdivision 5, unless: a mediation notice under subsection (i) is served
7.26on the debtor after a condition of default has occurred in the security agreement and a copy
7.27served on the director of the agricultural Minnesota extension service; and the debtor and
7.28creditor have completed mediation under sections 583.20 to 583.32; or as otherwise allowed
7.29under sections 583.20 to 583.32.
7.30 (i) Mediation notice. A mediation notice under subsection (h) must contain the following
7.31notice with the blanks properly filled in.
7.32 "TO: ...(Name of Debtor)...
7Article 1 Sec. 7.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 8.1 YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY
8.2AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural
8.3Property Collateral). THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of
8.4Debt)...
8.5 AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE
8.6THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY
8.7DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A
8.8COURT JUDGMENT AGAINST THE PROPERTY.
8.9 YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
8.10IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
8.11MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
8.12WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
8.13ENFORCES THE DEBT.
8.14 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
8.15AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN
8.16ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU TO
8.17PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN
8.18MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM
8.19FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
8.20OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT
8.21AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
8.22 TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
8.23MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
8.24RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT
8.25ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE
8.26DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
8.27 FROM: ...(Name and Address of Secured Party)..."
8.28 Sec. 8. Minnesota Statutes 2022, section 504B.301, is amended to read:
8.29 504B.301 EVICTION ACTION FOR UNLAWFUL DETENTION.
8.30 A person may be evicted if the person has unlawfully or forcibly occupied or taken
8.31possession of real property or unlawfully detains or retains possession of real property.
8.32 A seizure under section 609.5317, subdivision 1, for which there is not a defense under
8.33section 609.5317, subdivision 3, constitutes unlawful detention by the tenant.
8Article 1 Sec. 8.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 9.1 EFFECTIVE DATE.This section is effective the day following final enactment.
9.2 Sec. 9. Minnesota Statutes 2022, section 508.52, is amended to read:
9.3 508.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW
9.4CERTIFICATE.
9.5 An owner of registered land who desires to convey the land, or a portion thereof, in fee,
9.6shall execute a deed of conveyance, and record the deed with the registrar. The deed of
9.7conveyance shall be recorded and endorsed with the number and place of registration of
9.8the certificate of title. Before canceling the outstanding certificate of title the registrar shall
9.9show by memorial thereon the registration of the deed on the basis of which it is canceled.
9.10The encumbrances, claims, or interests adverse to the title of the registered owner shall be
9.11stated upon the new certificate, except so far as they may be simultaneously released or
9.12discharged. The registrar shall not carry forward as a memorial on the new certificate of
9.13title any memorials of a transfer on death deed if the grantors of the transfer on death deed
9.14retain no fee interest in the land covered by the new certificate. The certificate of title shall
9.15be marked "Canceled" by the registrar, who shall enter in the register a new certificate of
9.16title to the grantee and prepare and deliver to the grantee a copy of the new certificate of
9.17title. The registrar, upon request, shall deliver to the grantee a copy of the new certificate
9.18of title. If a deed in fee is for a portion of the land described in a certificate of title, the
9.19memorial of the deed entered by the registrar shall include the legal description contained
9.20in the deed and the registrar shall enter a new certificate of title to the grantee for the portion
9.21of the land conveyed and, except as otherwise provided in this section, issue a residue
9.22certificate of title to the grantor for the portion of the land not conveyed. The registrar shall
9.23prepare and, upon request, deliver to each of the parties a copy of their respective certificates
9.24of title. In lieu of canceling the grantor's certificate of title and issuing a residue certificate
9.25to the grantor for the portion of the land not conveyed, the registrar may if the grantor's
9.26deed does not divide a parcel of unplatted land, and in the absence of a request to the contrary
9.27by the registered owner, mark by the land description on the certificate of title "Part of land
9.28conveyed, see memorials." The fee for a residue certificate of title shall be paid to the
9.29registrar only when the grantor's certificate of title is canceled after the conveyance by the
9.30grantor of a portion of the land described in the grantor's certificate of title. When two or
9.31more successive conveyances of the same property are filed for registration on the same
9.32day the registrar may enter a certificate in favor of the grantee or grantees in the last of the
9.33successive conveyances, and the memorial of the previous deed or deeds entered on the
9.34prior certificate of title shall have the same force and effect as though the prior certificate
9.35of title had been entered in favor of the grantee or grantees in the earlier deed or deeds in
9Article 1 Sec. 9.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 10.1the successive conveyances. The fees for the registration of the earlier deed or deeds shall
10.2be the same as the fees prescribed for the entry of memorials. The registrar of titles, with
10.3the consent of the transferee, may mark "See memorials for new owner(s)" by the names
10.4of the registered owners on the certificate of title and also add to the memorial of the
10.5transferring conveyance a statement that the memorial shall serve in lieu of a new certificate
10.6of title in favor of the grantee or grantees therein noted and may refrain from canceling the
10.7certificate of title until the time it is canceled by a subsequent transfer, and the memorial
10.8showing such transfer of title shall have the same effect as the entry of a new certificate of
10.9title for the land described in the certificate of title; the fee for the registration of a conveyance
10.10without cancellation of the certificate of title shall be the same as the fee prescribed for the
10.11entry of a memorial.
10.12Sec. 10. Minnesota Statutes 2022, section 517.08, subdivision 1a, is amended to read:
10.13 Subd. 1a.Form.Application for a civil marriage license shall be made by both of the
10.14parties upon a form provided for the purpose and shall contain the following information:
10.15 (1) the full names of the parties and the sex of each party;
10.16 (2) their post office addresses and county and state of residence;
10.17 (3) their full ages;
10.18 (4) if either party has previously been married, the party's married name, and the date,
10.19place and court in which the civil marriage was dissolved or annulled or the date and place
10.20of death of the former spouse;
10.21 (5) whether the parties are related to each other, and, if so, their relationship;
10.22 (6) the address of the parties after the civil marriage is entered into to which the local
10.23registrar shall send a certified copy of the civil marriage certificate;
10.24 (7) the full names the parties will have after the civil marriage is entered into and the
10.25parties' Social Security numbers. The Social Security numbers must be collected for the
10.26application but must not appear on the civil marriage license. If a party listed on a civil
10.27marriage application does not have a Social Security number, the party must certify on the
10.28application, or a supplement to the application, that the party does not have a Social Security
10.29number;
10.30 (8) if one or both of the parties party to the civil marriage license has a felony conviction
10.31under Minnesota law or the law of another state or federal jurisdiction, the parties shall
10.32provide to the county proof of service upon the prosecuting authority and, if applicable, the
10Article 1 Sec. 10.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 11.1attorney general, as required by party may not change the party's name through the marriage
11.2application process and must follow the process in section 259.13 to change the party's
11.3name; and
11.4 (9) notice that a party who has a felony conviction under Minnesota law or the law of
11.5another state or federal jurisdiction may not use a different name after a civil marriage
11.6except as authorized by section 259.13, and that doing so is a gross misdemeanor.
11.7 Sec. 11. Minnesota Statutes 2022, section 517.08, subdivision 1b, is amended to read:
11.8 Subd. 1b.Term of license; fee; premarital education.(a) The local registrar shall
11.9examine upon oath the parties applying for a license relative to the legality of the
11.10contemplated civil marriage. Both parties must present proof of age to the local registrar.
11.11If one party is unable to appear in person, the party appearing may complete the absent
11.12applicant's information. The local registrar shall provide a copy of the civil marriage
11.13application to the party who is unable to appear, who must verify the accuracy of the
11.14appearing party's information in a notarized statement. The verification statement must be
11.15accompanied by a copy of proof of age of the party. The civil marriage license must not be
11.16released until the verification statement and proof of age has been received by the local
11.17registrar. If the local registrar is satisfied that there is no legal impediment to it, including
11.18the restriction contained in section 259.13, the local registrar shall issue the license,
11.19containing the full names of the parties before and after the civil marriage, and county and
11.20state of residence, with the county seal attached, and make a record of the date of issuance.
11.21The license shall be valid for a period of six months. Except as provided in paragraph (b),
11.22the local registrar shall collect from the applicant a fee of $115 for administering the oath,
11.23issuing, recording, and filing all papers required, and preparing and transmitting to the state
11.24registrar of vital records the reports of civil marriage required by this section. If the license
11.25should not be used within the period of six months due to illness or other extenuating
11.26circumstances, it may be surrendered to the local registrar for cancellation, and in that case
11.27a new license shall issue upon request of the parties of the original license without fee. A
11.28local registrar who knowingly issues or signs a civil marriage license in any manner other
11.29than as provided in this section shall pay to the parties aggrieved an amount not to exceed
11.30$1,000.
11.31 (b) The civil marriage license fee for parties who have completed at least 12 hours of
11.32premarital education is $40. In order to qualify for the reduced license fee, the parties must
11.33submit at the time of applying for the civil marriage license a statement that is signed, dated,
11.34and notarized or marked with a church seal from the person who provided the premarital
11Article 1 Sec. 11.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 12.1education on their letterhead confirming that it was received. The premarital education must
12.2be provided by a licensed or ordained minister or the minister's designee, a person authorized
12.3to solemnize civil marriages under section 517.18, or a person authorized to practice marriage
12.4and family therapy under section 148B.33. The education must include the use of a premarital
12.5inventory and the teaching of communication and conflict management skills.
12.6 (c) The statement from the person who provided the premarital education under paragraph
12.7(b) must be in the following form:
12.8 "I, .......................... (name of educator), confirm that .......................... (names of both
12.9parties) received at least 12 hours of premarital education that included the use of a premarital
12.10inventory and the teaching of communication and conflict management skills. I am a licensed
12.11or ordained minister, a person authorized to solemnize civil marriages under Minnesota
12.12Statutes, section 517.18, or a person licensed to practice marriage and family therapy under
12.13Minnesota Statutes, section 148B.33."
12.14 The names of the parties in the educator's statement must be identical to the legal names
12.15of the parties as they appear in the civil marriage license application. Notwithstanding
12.16section 138.17, the educator's statement must be retained for seven years, after which time
12.17it may be destroyed.
12.18 (d) If section 259.13 applies to the request for a civil marriage license, the local registrar
12.19shall grant the civil marriage license without the requested name change. Alternatively, the
12.20local registrar may delay the granting of the civil marriage license until the party with the
12.21conviction:
12.22 (1) certifies under oath that 30 days have passed since service of the notice for a name
12.23change upon the prosecuting authority and, if applicable, the attorney general and no
12.24objection has been filed under section 259.13; or
12.25 (2) provides a certified copy of the court order granting it. The parties seeking the civil
12.26marriage license shall have the right to choose to have the license granted without the name
12.27change or to delay its granting pending further action on the name change request.
12.28Sec. 12. Minnesota Statutes 2022, section 518.191, subdivision 1, is amended to read:
12.29 Subdivision 1.Abbreviated judgment and decree.If real estate is described in a
12.30judgment and decree of dissolution, the court may shall direct either of the parties or their
12.31legal counsel to prepare and submit to the court a proposed summary real estate disposition
12.32judgment. Upon approval by the court and filing of the summary real estate disposition
12Article 1 Sec. 12.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 13.1judgment with the court administrator, the court administrator shall provide to any party
13.2upon request certified copies of the summary real estate disposition judgment.
13.3 Sec. 13. Minnesota Statutes 2022, section 518.191, subdivision 3, is amended to read:
13.4 Subd. 3.Court order.An order or provision in a judgment and decree that provides
13.5that the judgment and decree must be recorded in the office of the county recorder or filed
13.6in the office of the registrar of titles means, if a summary real estate disposition judgment
13.7has been approved by the court, that the summary real estate disposition judgment, rather
13.8than the judgment and decree, must be recorded in the office of the county recorder or filed
13.9in the office of the registrar of titles. The recorder or registrar of titles is not responsible for
13.10determining if a summary real estate disposition judgment has been approved by the court.
13.11Sec. 14. Minnesota Statutes 2022, section 550.365, subdivision 2, is amended to read:
13.12 Subd. 2.Contents.A mediation notice must contain the following notice with the blanks
13.13properly filled in.
13.14 "TO: ....(Name of Judgment Debtor)....
13.15 A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON
13.16....(Date of Judgment).
13.17 AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO
13.18TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED
13.19AS....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE
13.20AMOUNT OF ....(Amount of Debt)....
13.21 YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
13.22IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
13.23MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
13.24WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
13.25ENFORCES THE DEBT.
13.26 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
13.27AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN
13.28ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
13.29FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
13.30IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
13.31OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
13Article 1 Sec. 14.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 14.1SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
14.2AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
14.3 TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
14.4MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
14.5RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT
14.6ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE
14.7DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
14.8 FROM: ....(Name and Address of Judgment Creditor)...."
14.9 Sec. 15. Minnesota Statutes 2022, section 559.209, subdivision 2, is amended to read:
14.10 Subd. 2.Contents.A mediation notice must contain the following notice with the blanks
14.11properly filled in.
14.12 "TO: ....(Name of Contract for Deed Purchaser)....
14.13 YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE
14.14AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of
14.15Property, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT IS
14.16....(Amount of Debt)....
14.17 AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor)....
14.18INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
14.19 YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT
14.20REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS
14.21IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST
14.22MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF
14.23THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE
14.24DEBT.
14.25 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
14.26AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN
14.27ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
14.28FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
14.29IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
14.30OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
14.31SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
14.32AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
14Article 1 Sec. 15.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 15.1 TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION
15.2YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
15.3DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM
15.4IS AVAILABLE AT ANY COUNTY EXTENSION OFFICE FROM THE DIRECTOR
15.5OF THE MINNESOTA EXTENSION SERVICE.
15.6 FROM: ....(Name and Address of Contract for Deed Vendor)...."
15.7 Sec. 16. Minnesota Statutes 2022, section 573.01, is amended to read:
15.8 573.01 SURVIVAL OF CAUSES.
15.9 A cause of action arising out of an injury to the person dies with the person of the party
15.10in whose favor it exists, except as provided in survives the death of any party in accordance
15.11with section 573.02. All other causes of action by one against another, whether arising on
15.12contract or not, survive to the personal representatives of the former and against those of
15.13the latter.
15.14 EFFECTIVE DATE.This section is effective the day following final enactment and
15.15applies to causes of action pending on or commenced on or after that date.
15.16Sec. 17. Minnesota Statutes 2022, section 573.02, subdivision 1, is amended to read:
15.17 Subdivision 1.Death action.When death is caused by the wrongful act or omission of
15.18any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
15.19an action therefor if the decedent might have maintained an action, had the decedent lived,
15.20for an injury caused by the wrongful act or omission. An action to recover damages for a
15.21death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
15.22or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
15.23be commenced within three years of the date of death, but in no event shall be commenced
15.24beyond the time set forth in section 541.076. An action to recover damages for a death
15.25caused by an intentional act constituting murder may be commenced at any time after the
15.26death of the decedent. Any other action under this section may be commenced within three
15.27years after the date of death provided that the action must be commenced within six years
15.28after the act or omission. The recovery in the action is the amount the jury deems fair and
15.29just in reference to for all damages suffered by the decedent resulting from the injury prior
15.30to the decedent's death and the pecuniary loss resulting from the death, and shall be for the
15.31exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary
15.32loss severally suffered by the death. The court then determines the proportionate pecuniary
15.33loss of the persons entitled to the recovery and orders distribution accordingly. Funeral
15Article 1 Sec. 17.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 16.1expenses and any demand for the support of the decedent allowed by the court having
16.2jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as
16.3provided in section 549.20.
16.4 If an action for the injury was commenced by the decedent and not finally determined
16.5while living, it may be continued by the trustee for recovery of all damages for the exclusive
16.6benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
16.7suffered by the death. The court on motion shall make an order allowing the continuance
16.8and directing pleadings to be made and issues framed as in actions begun under this section.
16.9 EFFECTIVE DATE.This section is effective the day following final enactment and
16.10applies to causes of action pending on or commenced on or after that date.
16.11Sec. 18. Minnesota Statutes 2022, section 573.02, subdivision 2, is amended to read:
16.12 Subd. 2.Injury action.When injury is caused to a person by the wrongful act or omission
16.13of any person or corporation and the person thereafter dies from a cause unrelated to those
16.14injuries, the trustee appointed in subdivision 3 may maintain an action for special damages
16.15all damages arising out of such injury if the decedent might have maintained an action
16.16therefor had the decedent lived. An action under this subdivision may be commenced within
16.17three years after the date of death provided that the action must be commenced within six
16.18years after the act or omission.
16.19 EFFECTIVE DATE.This section is effective the day following final enactment and
16.20applies to causes of action pending on or commenced on or after that date.
16.21Sec. 19. Minnesota Statutes 2022, section 582.039, subdivision 2, is amended to read:
16.22 Subd. 2.Contents.A mediation notice must contain the following notice with the blanks
16.23properly filled in.
16.24 "TO: ....(Name of Record Owner)....
16.25 YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL
16.26PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal Description).
16.27THE AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount
16.28of Debt)....
16.29 AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... INTENDS
16.30TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
16Article 1 Sec. 19.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 17.1 YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR
17.2MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL
17.3BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
17.4WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
17.5ENFORCES THE DEBT.
17.6 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
17.7AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN
17.8ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
17.9FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
17.10IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
17.11OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
17.12SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
17.13AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
17.14 TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST
17.15FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER
17.16YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE
17.17AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE
17.18DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
17.19 FROM: ....(Name and Address of Holder of Mortgage)...."
17.20Sec. 20. Minnesota Statutes 2022, section 583.25, is amended to read:
17.21 583.25 VOLUNTARY MEDIATION PROCEEDINGS.
17.22 A debtor that owns agricultural property or a creditor of the debtor may request mediation
17.23of the indebtedness by a farm mediator by applying to the director. The director shall make
17.24provide voluntary mediation application forms available at the county recorder's and county
17.25extension office in each county when requested. The director must evaluate each request
17.26and may direct a mediator to meet with the debtor and creditor to assist in mediation.
17.27Sec. 21. Minnesota Statutes 2022, section 583.26, subdivision 2, is amended to read:
17.28 Subd. 2.Mediation request.(a) A debtor must file a mediation request form with the
17.29director by 14 days after receiving a mediation notice. The debtor must state all known
17.30creditors with debts secured for agricultural property and must authorize the director to
17.31obtain the debtor's credit report from one or more credit reporting agencies. The mediation
17.32request form must include an instruction that the debtor must state all known creditors with
17Article 1 Sec. 21.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 18.1debts secured by agricultural property and unsecured creditors that are necessary for the
18.2farm operation of the debtor. It is the debtor's discretion as to which unsecured creditors
18.3are necessary for the farm operation but the mediation request form must notify the debtor
18.4that omission of a significant unsecured creditor could result in a bad-faith determination
18.5pursuant to section 583.27, subdivisions 1, paragraph (a), clause (2), and 2. The mediation
18.6request must state the date that the notice was served on the debtor. The director shall make
18.7provide mediation request forms available in the county recorder's and county extension
18.8office of each county when requested.
18.9 (b) Except as provided in section 583.24, subdivision 4, paragraph (a), clause (3), a
18.10debtor who fails to file a timely mediation request waives the right to mediation for that
18.11debt under the Farmer-Lender Mediation Act. The director shall notify the creditor who
18.12served the mediation notice stating that the creditor may proceed against the agricultural
18.13property because the debtor has failed to file a mediation request.
18.14 (c) If a debtor has not received a mediation notice and is subject to a proceeding of a
18.15creditor enforcing a debt against agricultural property under chapter 580 or 581 or sections
18.16336.9-601 to 336.9-628, terminating a contract for deed to purchase agricultural property
18.17under section 559.21, or garnishing, levying on, executing on, seizing, or attaching
18.18agricultural property, the debtor may file a mediation request with the director. The mediation
18.19request form must indicate that the debtor has not received a mediation notice.
18.20Sec. 22. Minnesota Statutes 2022, section 600.23, is amended to read:
18.21 600.23 RECORDERS AND COURT ADMINISTRATORS.
18.22 Subdivision 1.Deposit of papers.Every county recorder, upon being paid the legal fees
18.23therefor, shall may receive and deposit in the office any instruments or papers which shall
18.24be are offered for that purpose and, if required requested, shall give to the person depositing
18.25the same a receipt therefor.
18.26 Subd. 2.Endorsed and filed.Any such instruments or papers so received shall be filed
18.27by the officer receiving the same, and so endorsed as to indicate their general nature, the
18.28names of the parties thereto, and time when received, and shall be deposited and kept by
18.29the officer and successors in office in the same manner as the officer's official papers, but
18.30in a place separate therefrom.
18.31 Subd. 3.Withdrawal.Papers and instruments so deposited shall not be made public or
18.32withdrawn from the office except upon the written order of the person depositing the same,
18Article 1 Sec. 22.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 19.1or the person's executors or administrators, or on the order of some court for the purpose
19.2of being read in the court, and then to be returned to the office.
19.3 Subd. 3a.Retention and disposal.Papers and instruments deposited for safekeeping
19.4shall be retained, at a minimum, until the earlier of:
19.5 (1) the county recorder learns of the depositor's death, at which time the county recorder
19.6may deliver the paper or instrument to the appropriate court, or deliver the paper or instrument
19.7to the depositor's executors or administrators; or
19.8 (2) 20 years following the deposit of the paper or instrument, at which time the county
19.9recorder shall dispose of the paper or instrument pursuant to its county's retention policy.
19.10 Subd. 4.Certificate that instrument cannot be found.The certificate of any officer
19.11to whom the legal custody of any instrument belongs, stating that the officer has made
19.12diligent search for such instrument and that it cannot be found, shall be prima facie evidence
19.13of the fact so certified to in all cases, matters, and proceedings.
19.14Sec. 23. Minnesota Statutes 2022, section 609.5314, subdivision 3, is amended to read:
19.15 Subd. 3.Judicial determination.(a) Within 60 days following service of a notice of
19.16seizure and forfeiture under this section, a claimant may file a demand for a judicial
19.17determination of the forfeiture. The demand must be in the form of a civil complaint and
19.18must be filed with the court administrator in the county in which the seizure occurred,
19.19together with proof of service of a copy of the complaint on the prosecuting authority for
19.20that county. The claimant may serve the complaint on the prosecuting authority by certified
19.21mail or any means permitted by court rules. If the value of the seized property is $15,000
19.22or less, the claimant may file an action in conciliation court for recovery of the seized
19.23property. A copy of the conciliation court statement of claim may be served personally or
19.24as permitted by the Rules of Conciliation Court Procedure on the prosecuting authority
19.25having jurisdiction over the forfeiture within 60 days following service of the notice of
19.26seizure and forfeiture under this subdivision. The claimant does not have to pay the court
19.27filing fee. No responsive pleading is required of the prosecuting authority and no court fees
19.28may be charged for the prosecuting authority's appearance in the matter. The district court
19.29administrator shall schedule the hearing as soon as practicable after, and in any event no
19.30later than 90 days following, the conclusion of the criminal prosecution. The proceedings
19.31are governed by the Rules of Civil Procedure and, where applicable, by the Rules of
19.32Conciliation Court Procedure.
19Article 1 Sec. 23.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 20.1 (b) The complaint must be captioned in the name of the claimant as plaintiff and the
20.2seized property as defendant, and must state with specificity the grounds on which the
20.3claimant alleges the property was improperly seized and the plaintiff's interest in the property
20.4seized. Notwithstanding any law to the contrary, an action for the return of property seized
20.5under this section may not be maintained by or on behalf of any person who has been served
20.6with a notice of seizure and forfeiture unless the person has complied with this subdivision.
20.7 (c) If the claimant makes a timely demand for judicial determination under this
20.8subdivision, the appropriate agency must conduct the forfeiture under section 609.531,
20.9subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3,
20.10apply to the judicial determination.
20.11 (d) If a demand for judicial determination of an administrative forfeiture is filed under
20.12this subdivision and the court orders the return of the seized property, the court may order
20.13sanctions under section 549.211. If the court orders payment of these costs, they must be
20.14paid from forfeited money or proceeds from the sale of forfeited property from the appropriate
20.15law enforcement and prosecuting agencies in the same proportion as they would be distributed
20.16under section 609.5315, subdivision 5.
20.17 EFFECTIVE DATE.This section is effective the day following final enactment.
20.18Sec. 24. Minnesota Statutes 2022, section 611.215, subdivision 1, is amended to read:
20.19 Subdivision 1.Structure; membership.(a) The State Board of Public Defense is a part
20.20of, but is not subject to the administrative control of, the judicial branch of government.
20.21The State Board of Public Defense shall consist of seven nine members including:
20.22 (1) four attorneys admitted to the practice of law, well acquainted with the defense of
20.23persons accused of crime, but not employed as prosecutors, appointed by the supreme court,
20.24of which one must be a retired or former public defender within the past five years; and
20.25 (2) three five public members appointed by the governor.
20.26 The appointing authorities may not appoint a person who is a judge to be a member of
20.27the State Board of Public Defense, other than as a member of the ad hoc Board of Public
20.28Defense.
20.29 (b) All members shall demonstrate an interest in maintaining a high quality, independent
20.30defense system for those who are unable to obtain adequate representation. Appointments
20.31to the board shall include qualified women and members of minority groups. At least three
20.32members of the board shall be from judicial districts other than the First, Second, Fourth,
20.33and Tenth Judicial Districts. The terms, compensation, and removal of members shall be
20Article 1 Sec. 24.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 21.1as provided in section 15.0575. The chair shall be elected by the members from among the
21.2membership for a term of two years.
21.3 (c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc
21.4board when considering the appointment of district public defenders under section 611.26,
21.5subdivision 2. The terms of chief district public defenders currently serving shall terminate
21.6in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.
21.7 (d) Meetings of the board are subject to chapter 13D.
21.8 Sec. 25. REPEALER.
21.9 (a) Minnesota Statutes 2022, sections 346.02; and 582.14, are repealed.
21.10 (b) Minnesota Statutes 2022, section 504B.305, is repealed.
21.11 EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment.
21.12 ARTICLE 2
21.13 CONSTRUCTION CONTRACTS
21.14Section 1. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision
21.15to read:
21.16 Subd. 1a.Indemnification agreement."Indemnification agreement" means an agreement
21.17by the promisor to indemnify, defend, or hold harmless the promisee against liability or
21.18claims of liability for damages arising out of bodily injury to persons or out of physical
21.19damage to tangible or real property.
21.20Sec. 2. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision to
21.21read:
21.22 Subd. 1b.Promisee."Promisee" includes that party's independent contractors, agents,
21.23employees, or indemnitees.
21.24Sec. 3. Minnesota Statutes 2022, section 15.72, is amended by adding a subdivision to
21.25read:
21.26 Subd. 3.Unenforceability of certain agreements.(a) An indemnification agreement
21.27contained in, or executed in connection with, a contract for a public improvement is
21.28unenforceable except to the extent that:
21Article 2 Sec. 3.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 22.1 (1) the underlying injury or damage is attributable to the negligent or otherwise wrongful
22.2act or omission, including breach of a specific contractual duty, of the promisor or the
22.3promisor's independent contractors, agents, employees, or delegatees; or
22.4 (2) an owner, a responsible party, or a governmental entity agrees to indemnify a
22.5contractor directly or through another contractor with respect to strict liability under
22.6environmental laws.
22.7 (b) A provision in a public building or construction contract that requires a party to
22.8provide insurance coverage to one or more other parties, including third parties, for the
22.9negligence or intentional acts or omissions of any of those other parties, including third
22.10parties, is against public policy and is void and unenforceable.
22.11 (c) Paragraph (b) does not affect the validity of a provision that requires a party to provide
22.12or obtain workers' compensation insurance, construction performance or payment bonds,
22.13builder's risk policies, or owner or contractor-controlled insurance programs or policies.
22.14 (d) Paragraph (b) does not affect the validity of a provision that requires the promisor
22.15to provide or obtain insurance coverage for the promisee's vicarious liability, or liability
22.16imposed by warranty, arising out of the acts or omissions of the promisor.
22.17 (e) Paragraph (b) does not apply to building and construction contracts for work within
22.1850 feet of public or private railroads or railroads regulated by the Federal Railroad
22.19Administration.
22.20Sec. 4. Minnesota Statutes 2022, section 337.01, subdivision 3, is amended to read:
22.21 Subd. 3.Indemnification agreement."Indemnification agreement" means an agreement
22.22by the promisor to indemnify, defend, or hold harmless the promisee against liability or
22.23claims of liability for damages arising out of bodily injury to persons or out of physical
22.24damage to tangible or real property.
22.25Sec. 5. Minnesota Statutes 2022, section 337.05, subdivision 1, is amended to read:
22.26 Subdivision 1.Agreements valid.(a) Except as otherwise provided in paragraph (b),
22.27sections 337.01 to 337.05 do not affect the validity of agreements whereby a promisor agrees
22.28to provide specific insurance coverage for the benefit of others.
22.29 (b) A provision that requires a party to provide insurance coverage to one or more other
22.30parties, including third parties, for the negligence or intentional acts or omissions of any of
22.31those other parties, including third parties, is against public policy and is void and
22.32unenforceable.
22Article 2 Sec. 5.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 23.1 (c) Paragraph (b) does not affect the validity of a provision that requires a party to provide
23.2or obtain workers' compensation insurance, construction performance or payment bonds,
23.3or project-specific insurance, including, without limitation, builder's risk policies, or owner
23.4or contractor-controlled insurance programs or policies.
23.5 (d) Paragraph (b) does not affect the validity of a provision that requires the promisor
23.6to provide or obtain insurance coverage for the promisee's vicarious liability, or liability
23.7imposed by warranty, arising out of the acts or omissions of the promisor.
23.8 (e) Paragraph (b) does not apply to building and construction contracts for work within
23.950 feet of public or private railroads, or railroads regulated by the Federal Railroad
23.10Administration.
23.11Sec. 6. EFFECTIVE DATE.
23.12 Sections 1 to 5 are effective the day following final enactment and apply to agreements
23.13entered into on or after that date.
23.14 ARTICLE 3
23.15 CIVIL RIGHTS LAW
23.16Section 1. Minnesota Statutes 2022, section 82B.195, subdivision 3, is amended to read:
23.17 Subd. 3.Additional requirements.In addition to the requirements of subdivisions 1
23.18and 2, an appraiser must:
23.19 (1) not knowingly make any of the following unacceptable appraisal practices:
23.20 (i) include inaccurate or misleading factual data about the subject neighborhood, site,
23.21improvements, or comparable sales;
23.22 (ii) fail to comment on negative factors with respect to the subject neighborhood, subject
23.23property, or proximity of the subject property to adverse influences;
23.24 (iii) unless otherwise disclosed in the appraisal report, use comparables in the valuation
23.25process that the appraiser has not at least personally inspected from the exterior by driving
23.26by them;
23.27 (iv) select and use inappropriate comparable sales or fail to use comparables that are
23.28physically and by location the most similar to the subject property;
23.29 (v) use data, particularly comparable sales data, that was provided by parties who have
23.30a financial interest in the sale or financing of the subject property without the appraiser's
23.31verification of the information from a disinterested source. For example, it would be
23Article 3 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 24.1inappropriate for an appraiser to use comparable sales provided by the builder of the subject
24.2property or a real estate broker who is handling the sale of the subject property, unless the
24.3appraiser verifies the accuracy of the data provided through another source. If a signed HUD
24.4Settlement Statement is used for this verification, the appraiser must also verify the sale
24.5data with the buyer or county records. The appraiser must also make an independent
24.6investigation to determine that the comparable sales provided were the best ones available;
24.7 (vi) use adjustments to the comparable sales that do not reflect the market's reaction to
24.8the differences between the subject property and the comparables, or fail to make adjustments
24.9when they are clearly indicated;
24.10 (vii) develop a valuation conclusion that is based either partially or completely on factors
24.11identified in chapter 363A, including race, color, creed, religion, sex, gender identity, marital
24.12status, status with regard to public assistance, disability, sexual orientation, familial status
24.13of the owner or occupants of nearby property, or national origin of either the prospective
24.14owners or occupants of the properties in the vicinity of the subject property; or
24.15 (viii) develop a valuation conclusion that is not supported by available market data;
24.16 (2) provide a resume, current within six months of the date it is provided, to anyone who
24.17employs the appraiser, indicating all professional degrees and licenses held by the appraiser;
24.18and
24.19 (3) reject any request by the person who has employed the appraiser that is in conflict
24.20with the requirements of Minnesota law or this chapter and withdraw from the appraisal
24.21assignment if the employing party persists in the request.
24.22Sec. 2. Minnesota Statutes 2022, section 245I.12, subdivision 1, is amended to read:
24.23 Subdivision 1.Client rights.A license holder must ensure that all clients have the
24.24following rights:
24.25 (1) the rights listed in the health care bill of rights in section 144.651;
24.26 (2) the right to be free from discrimination based on age, race, color, creed, religion,
24.27national origin, sex, gender identity, marital status, disability, sexual orientation, and status
24.28with regard to public assistance. The license holder must follow all applicable state and
24.29federal laws including the Minnesota Human Rights Act, chapter 363A; and
24.30 (3) the right to be informed prior to a photograph or audio or video recording being made
24.31of the client. The client has the right to refuse to allow any recording or photograph of the
24.32client that is not for the purposes of identification or supervision by the license holder.
24Article 3 Sec. 2.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 25.1 Sec. 3. Minnesota Statutes 2022, section 363A.02, subdivision 1, is amended to read:
25.2 Subdivision 1.Freedom from discrimination.(a) It is the public policy of this state to
25.3secure for persons in this state, freedom from discrimination:
25.4 (1) in employment because of race, color, creed, religion, national origin, sex, gender
25.5identity, marital status, disability, status with regard to public assistance, sexual orientation,
25.6familial status, and age;
25.7 (2) in housing and real property because of race, color, creed, religion, national origin,
25.8sex, gender identity, marital status, disability, status with regard to public assistance, sexual
25.9orientation, and familial status;
25.10 (3) in public accommodations because of race, color, creed, religion, national origin,
25.11sex, gender identity, sexual orientation, and disability;
25.12 (4) in public services because of race, color, creed, religion, national origin, sex, gender
25.13identity, marital status, disability, sexual orientation, and status with regard to public
25.14assistance; and
25.15 (5) in education because of race, color, creed, religion, national origin, sex, gender
25.16identity, marital status, disability, status with regard to public assistance, sexual orientation,
25.17and age.
25.18 (b) Such discrimination threatens the rights and privileges of the inhabitants of this state
25.19and menaces the institutions and foundations of democracy. It is also the public policy of
25.20this state to protect all persons from wholly unfounded charges of discrimination. Nothing
25.21in this chapter shall be interpreted as restricting the implementation of positive action
25.22programs to combat discrimination.
25.23Sec. 4. Minnesota Statutes 2022, section 363A.03, subdivision 23, is amended to read:
25.24 Subd. 23.Local commission."Local commission" means an agency of a city, county,
25.25or group of counties created pursuant to law, resolution of a county board, city charter, or
25.26municipal ordinance for the purpose of dealing with discrimination on the basis of race,
25.27color, creed, religion, national origin, sex, gender identity, age, disability, marital status,
25.28status with regard to public assistance, sexual orientation, or familial status.
25.29Sec. 5. Minnesota Statutes 2022, section 363A.03, subdivision 44, is amended to read:
25.30 Subd. 44.Sexual orientation."Sexual orientation" means having or being perceived as
25.31having an emotional, physical, or sexual attachment to another person without regard to the
25Article 3 Sec. 5.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 26.1sex of that person or having or being perceived as having an orientation for such attachment,
26.2or having or being perceived as having a self-image or identity not traditionally associated
26.3with one's biological maleness or femaleness. "Sexual orientation" does not include a physical
26.4or sexual attachment to children by an adult.
26.5 Sec. 6. Minnesota Statutes 2022, section 363A.03, is amended by adding a subdivision to
26.6read:
26.7 Subd. 50.Gender identity."Gender identity" means a person's inherent sense of being
26.8a man, woman, both, or neither. A person's gender identity may or may not correspond to
26.9their assigned sex at birth or to their primary or secondary sex characteristics. A person's
26.10gender identity is not necessarily visible to others.
26.11Sec. 7. Minnesota Statutes 2022, section 363A.04, is amended to read:
26.12 363A.04 CONSTRUCTION AND EXCLUSIVITY.
26.13 The provisions of this chapter shall be construed liberally for the accomplishment of the
26.14purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the
26.15provisions of the civil rights law or of any other law of this state relating to discrimination
26.16because of race, creed, color, religion, sex, gender identity, age, disability, marital status,
26.17status with regard to public assistance, national origin, sexual orientation, or familial status;
26.18but, as to acts declared unfair by sections 363A.08 to 363A.19, and 363A.28, subdivision
26.1910, the procedure herein provided shall, while pending, be exclusive.
26.20Sec. 8. Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
26.21 Subdivision 1.Formulation of policies.(a) The commissioner shall formulate policies
26.22to effectuate the purposes of this chapter and shall do the following:
26.23 (1) exercise leadership under the direction of the governor in the development of human
26.24rights policies and programs, and make recommendations to the governor and the legislature
26.25for their consideration and implementation;
26.26 (2) establish and maintain a principal office in St. Paul, and any other necessary branch
26.27offices at any location within the state;
26.28 (3) meet and function at any place within the state;
26.29 (4) employ attorneys, clerks, and other employees and agents as the commissioner may
26.30deem necessary and prescribe their duties;
26Article 3 Sec. 8.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 27.1 (5) to the extent permitted by federal law and regulation, utilize the records of the
27.2Department of Employment and Economic Development of the state when necessary to
27.3effectuate the purposes of this chapter;
27.4 (6) obtain upon request and utilize the services of all state governmental departments
27.5and agencies;
27.6 (7) adopt suitable rules for effectuating the purposes of this chapter;
27.7 (8) issue complaints, receive and investigate charges alleging unfair discriminatory
27.8practices, and determine whether or not probable cause exists for hearing;
27.9 (9) subpoena witnesses, administer oaths, take testimony, and require the production for
27.10examination of any books or papers relative to any matter under investigation or in question
27.11as the commissioner deems appropriate to carry out the purposes of this chapter;
27.12 (10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
27.13unfair discriminatory practices as being contrary to the public policy of the state;
27.14 (11) develop and conduct programs of formal and informal education designed to
27.15eliminate discrimination and intergroup conflict by use of educational techniques and
27.16programs the commissioner deems necessary;
27.17 (12) make a written report of the activities of the commissioner to the governor each
27.18year;
27.19 (13) accept gifts, bequests, grants, or other payments public and private to help finance
27.20the activities of the department;
27.21 (14) create such local and statewide advisory committees as will in the commissioner's
27.22judgment aid in effectuating the purposes of the Department of Human Rights;
27.23 (15) develop such programs as will aid in determining the compliance throughout the
27.24state with the provisions of this chapter, and in the furtherance of such duties, conduct
27.25research and study discriminatory practices based upon race, color, creed, religion, national
27.26origin, sex, gender identity, age, disability, marital status, status with regard to public
27.27assistance, familial status, sexual orientation, or other factors and develop accurate data on
27.28the nature and extent of discrimination and other matters as they may affect housing,
27.29employment, public accommodations, schools, and other areas of public life;
27.30 (16) develop and disseminate technical assistance to persons subject to the provisions
27.31of this chapter, and to agencies and officers of governmental and private agencies;
27Article 3 Sec. 8.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 28.1 (17) provide staff services to such advisory committees as may be created in aid of the
28.2functions of the Department of Human Rights;
28.3 (18) make grants in aid to the extent that appropriations are made available for that
28.4purpose in aid of carrying out duties and responsibilities; and
28.5 (19) cooperate and consult with the commissioner of labor and industry regarding the
28.6investigation of violations of, and resolution of complaints regarding section 363A.08,
28.7subdivision 7.
28.8 In performing these duties, the commissioner shall give priority to those duties in clauses
28.9(8), (9), and (10) and to the duties in section 363A.36.
28.10 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
28.11paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
28.12account. Money in the account is appropriated to the commissioner of human rights to help
28.13finance activities of the department.
28.14Sec. 9. Minnesota Statutes 2022, section 363A.07, subdivision 2, is amended to read:
28.15 Subd. 2.Referral from commissioner.The commissioner, whether or not a charge has
28.16been filed under this chapter, may refer a matter involving discrimination because of race,
28.17color, religion, sex, gender identity, creed, disability, marital status, status with regard to
28.18public assistance, national origin, age, sexual orientation, or familial status to a local
28.19commission for study and report.
28.20 Upon referral by the commissioner, the local commission shall make a report and make
28.21recommendations to the commissioner and take other appropriate action within the scope
28.22of its powers.
28.23Sec. 10. Minnesota Statutes 2022, section 363A.08, subdivision 1, is amended to read:
28.24 Subdivision 1.Labor organization.Except when based on a bona fide occupational
28.25qualification, it is an unfair employment practice for a labor organization, because of race,
28.26color, creed, religion, national origin, sex, gender identity, marital status, status with regard
28.27to public assistance, familial status, disability, sexual orientation, or age:
28.28 (1) to deny full and equal membership rights to a person seeking membership or to a
28.29member;
28.30 (2) to expel a member from membership;
28Article 3 Sec. 10.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 29.1 (3) to discriminate against a person seeking membership or a member with respect to
29.2hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or
29.3privileges of employment; or
29.4 (4) to fail to classify properly, or refer for employment or otherwise to discriminate
29.5against a person or member.
29.6 Sec. 11. Minnesota Statutes 2022, section 363A.08, subdivision 2, is amended to read:
29.7 Subd. 2.Employer.Except when based on a bona fide occupational qualification, it is
29.8an unfair employment practice for an employer, because of race, color, creed, religion,
29.9national origin, sex, gender identity, marital status, status with regard to public assistance,
29.10familial status, membership or activity in a local commission, disability, sexual orientation,
29.11or age to:
29.12 (1) refuse to hire or to maintain a system of employment which unreasonably excludes
29.13a person seeking employment; or
29.14 (2) discharge an employee; or
29.15 (3) discriminate against a person with respect to hiring, tenure, compensation, terms,
29.16upgrading, conditions, facilities, or privileges of employment.
29.17Sec. 12. Minnesota Statutes 2022, section 363A.08, subdivision 3, is amended to read:
29.18 Subd. 3.Employment agency.Except when based on a bona fide occupational
29.19qualification, it is an unfair employment practice for an employment agency, because of
29.20race, color, creed, religion, national origin, sex, gender identity, marital status, status with
29.21regard to public assistance, familial status, disability, sexual orientation, or age to:
29.22 (1) refuse or fail to accept, register, classify properly, or refer for employment or
29.23otherwise to discriminate against a person; or
29.24 (2) comply with a request from an employer for referral of applicants for employment
29.25if the request indicates directly or indirectly that the employer fails to comply with the
29.26provisions of this chapter.
29.27Sec. 13. Minnesota Statutes 2022, section 363A.08, subdivision 4, is amended to read:
29.28 Subd. 4.Employer, employment agency, or labor organization.(a) Except when
29.29based on a bona fide occupational qualification, it is an unfair employment practice for an
29.30employer, employment agency, or labor organization, before a person is employed by an
29.31employer or admitted to membership in a labor organization, to:
29Article 3 Sec. 13.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 30.1 (1) require or request the person to furnish information that pertains to race, color, creed,
30.2religion, national origin, sex, gender identity, marital status, status with regard to public
30.3assistance, familial status, disability, sexual orientation, or age; or, subject to section 363A.20,
30.4to require or request a person to undergo physical examination; unless for the sole and
30.5exclusive purpose of national security, information pertaining to national origin is required
30.6by the United States, this state or a political subdivision or agency of the United States or
30.7this state, or for the sole and exclusive purpose of compliance with the Public Contracts
30.8Act or any rule, regulation, or laws of the United States or of this state requiring the
30.9information or examination. A law enforcement agency may, after notifying an applicant
30.10for a peace officer or part-time peace officer position that the law enforcement agency is
30.11commencing the background investigation on the applicant, request the applicant's date of
30.12birth, gender, and race on a separate form for the sole and exclusive purpose of conducting
30.13a criminal history check, a driver's license check, and fingerprint criminal history inquiry.
30.14The form shall include a statement indicating why the data is being collected and what its
30.15limited use will be. No document which has date of birth, gender, or race information will
30.16be included in the information given to or available to any person who is involved in selecting
30.17the person or persons employed other than the background investigator. No person may act
30.18both as background investigator and be involved in the selection of an employee except that
30.19the background investigator's report about background may be used in that selection as long
30.20as no direct or indirect references are made to the applicant's race, age, or gender; or
30.21 (2) seek and obtain for purposes of making a job decision, information from any source
30.22that pertains to the person's race, color, creed, religion, national origin, sex, gender identity,
30.23marital status, status with regard to public assistance, familial status, disability, sexual
30.24orientation, or age, unless for the sole and exclusive purpose of compliance with the Public
30.25Contracts Act or any rule, regulation, or laws of the United States or of this state requiring
30.26the information; or
30.27 (3) cause to be printed or published a notice or advertisement that relates to employment
30.28or membership and discloses a preference, limitation, specification, or discrimination based
30.29on race, color, creed, religion, national origin, sex, gender identity, marital status, status
30.30with regard to public assistance, familial status, disability, sexual orientation, or age.
30.31 (b) Any individual who is required to provide information that is prohibited by this
30.32subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
30.33subdivisions 1 to 9.
30Article 3 Sec. 13.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 31.1 Sec. 14. Minnesota Statutes 2022, section 363A.08, is amended by adding a subdivision
31.2to read:
31.3 Subd. 8.Inquiries into pay history prohibited.(a) "Pay history" as used in this
31.4subdivision means any prior or current wage, salary, earnings, benefits, or any other
31.5compensation about an applicant for employment.
31.6 (b) An employer, employment agency, or labor organization shall not inquire into,
31.7consider, or require disclosure from any source the pay history of an applicant for
31.8employment for the purpose of determining wages, salary, earnings, benefits, or other
31.9compensation for that applicant. The general prohibition against inquiring into the pay
31.10history of an applicant does not apply if the job applicant's pay history is a matter of public
31.11record under federal or state law, unless the employer, employment agency, or labor
31.12organization sought access to those public records with the intent of obtaining pay history
31.13of the applicant for the purpose of determining wages, salary, earnings, benefits, or other
31.14compensation for that applicant.
31.15 (c) Nothing in this subdivision shall prevent an applicant for employment from voluntarily
31.16and without asking, encouraging, or prompting disclosing pay history for the purposes of
31.17negotiating wages, salary, benefits, or other compensation. If an applicant for employment
31.18voluntarily and without asking, encouraging, or prompting discloses pay history to a
31.19prospective employer, employment agency, or labor organization, nothing in this subdivision
31.20shall prohibit that employer, employment agency, or labor organization from considering
31.21or acting on that voluntarily disclosed salary history information to support a wage or salary
31.22higher than initially offered by the employer, employment agency, or labor organization.
31.23 (d) Nothing in this subdivision limits, prohibits, or prevents a person from bringing a
31.24charge, grievance, or any other cause of action alleging wage discrimination because of
31.25race, color, creed, religion, national origin, sex, gender identity, marital status, status with
31.26regard to public assistance, familial status, membership or activity in a local commission,
31.27disability, sexual orientation, or age, as otherwise provided in this chapter.
31.28 (e) Nothing in this subdivision shall be construed to prevent an employer from:
31.29 (1) providing information about the wages, benefits, compensation, or salary offered in
31.30relation to a position; or
31.31 (2) inquiring about or otherwise engaging in discussions with an applicant about the
31.32applicant's expectations or requests with respect to wages, salary, benefits, or other
31.33compensation.
31Article 3 Sec. 14.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 32.1 EFFECTIVE DATE.This section is effective January 1, 2024. For employment covered
32.2by collective bargaining agreements, this section is not effective until the date of
32.3implementation of the applicable collective bargaining agreement that is after January 1,
32.42024.
32.5 Sec. 15. Minnesota Statutes 2022, section 363A.09, subdivision 1, is amended to read:
32.6 Subdivision 1.Real property interest; action by owner, lessee, and others.It is an
32.7unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent
32.8of, or other person having the right to sell, rent or lease any real property, or any agent of
32.9any of these:
32.10 (1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or
32.11group of persons any real property because of race, color, creed, religion, national origin,
32.12sex, gender identity, marital status, status with regard to public assistance, disability, sexual
32.13orientation, or familial status; or
32.14 (2) to discriminate against any person or group of persons because of race, color, creed,
32.15religion, national origin, sex, gender identity, marital status, status with regard to public
32.16assistance, disability, sexual orientation, or familial status in the terms, conditions or
32.17privileges of the sale, rental or lease of any real property or in the furnishing of facilities or
32.18services in connection therewith, except that nothing in this clause shall be construed to
32.19prohibit the adoption of reasonable rules intended to protect the safety of minors in their
32.20use of the real property or any facilities or services furnished in connection therewith; or
32.21 (3) in any transaction involving real property, to print, circulate or post or cause to be
32.22printed, circulated, or posted any advertisement or sign, or use any form of application for
32.23the purchase, rental or lease of real property, or make any record or inquiry in connection
32.24with the prospective purchase, rental, or lease of real property which expresses, directly or
32.25indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
32.26national origin, sex, gender identity, marital status, status with regard to public assistance,
32.27disability, sexual orientation, or familial status, or any intent to make any such limitation,
32.28specification, or discrimination except that nothing in this clause shall be construed to
32.29prohibit the advertisement of a dwelling unit as available to adults-only if the person placing
32.30the advertisement reasonably believes that the provisions of this section prohibiting
32.31discrimination because of familial status do not apply to the dwelling unit.
32Article 3 Sec. 15.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 33.1 Sec. 16. Minnesota Statutes 2022, section 363A.09, subdivision 2, is amended to read:
33.2 Subd. 2.Real property interest; action by brokers, agents, and others.It is an unfair
33.3discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent
33.4thereof:
33.5 (1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property
33.6to any person or group of persons or to negotiate for the sale, rental, or lease of any real
33.7property to any person or group of persons because of race, color, creed, religion, national
33.8origin, sex, gender identity, marital status, status with regard to public assistance, disability,
33.9sexual orientation, or familial status or represent that real property is not available for
33.10inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold
33.11any real property or any facilities of real property to or from any person or group of persons
33.12because of race, color, creed, religion, national origin, sex, gender identity, marital status,
33.13status with regard to public assistance, disability, sexual orientation, or familial status; or
33.14 (2) to discriminate against any person because of race, color, creed, religion, national
33.15origin, sex, gender identity, marital status, status with regard to public assistance, disability,
33.16sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental
33.17or lease of real property or in the furnishing of facilities or services in connection therewith;
33.18or
33.19 (3) to print, circulate, or post or cause to be printed, circulated, or posted any
33.20advertisement or sign, or use any form of application for the purchase, rental, or lease of
33.21any real property or make any record or inquiry in connection with the prospective purchase,
33.22rental or lease of any real property, which expresses directly or indirectly, any limitation,
33.23specification or discrimination as to race, color, creed, religion, national origin, sex, gender
33.24identity, marital status, status with regard to public assistance, disability, sexual orientation,
33.25or familial status or any intent to make any such limitation, specification, or discrimination
33.26except that nothing in this clause shall be construed to prohibit the advertisement of a
33.27dwelling unit as available to adults-only if the person placing the advertisement reasonably
33.28believes that the provisions of this section prohibiting discrimination because of familial
33.29status do not apply to the dwelling unit.
33.30Sec. 17. Minnesota Statutes 2022, section 363A.09, subdivision 3, is amended to read:
33.31 Subd. 3.Real property interest; action by financial institution.It is an unfair
33.32discriminatory practice for a person, bank, banking organization, mortgage company,
33.33insurance company, or other financial institution or lender to whom application is made for
33Article 3 Sec. 17.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 34.1financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair
34.2or maintenance of any real property or any agent or employee thereof:
34.3 (1) to discriminate against any person or group of persons because of race, color, creed,
34.4religion, national origin, sex, gender identity, marital status, status with regard to public
34.5assistance, disability, sexual orientation, or familial status of the person or group of persons
34.6or of the prospective occupants or tenants of the real property in the granting, withholding,
34.7extending, modifying or renewing, or in the rates, terms, conditions, or privileges of the
34.8financial assistance or in the extension of services in connection therewith; or
34.9 (2) to use any form of application for the financial assistance or make any record or
34.10inquiry in connection with applications for the financial assistance which expresses, directly
34.11or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
34.12national origin, sex, gender identity, marital status, status with regard to public assistance,
34.13disability, sexual orientation, or familial status or any intent to make any such limitation,
34.14specification, or discrimination; or
34.15 (3) to discriminate against any person or group of persons who desire to purchase, lease,
34.16acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural
34.17area or any part thereof solely because of the social, economic, or environmental conditions
34.18of the area in the granting, withholding, extending, modifying, or renewing, or in the rates,
34.19terms, conditions, or privileges of the financial assistance or in the extension of services in
34.20connection therewith.
34.21Sec. 18. Minnesota Statutes 2022, section 363A.09, subdivision 4, is amended to read:
34.22 Subd. 4.Real property transaction.It is an unfair discriminatory practice for any real
34.23estate broker or real estate salesperson, for the purpose of inducing a real property transaction
34.24from which the person, the person's firm, or any of its members may benefit financially, to
34.25represent that a change has occurred or will or may occur in the composition with respect
34.26to race, creed, color, national origin, sex, gender identity, marital status, status with regard
34.27to public assistance, sexual orientation, or disability of the owners or occupants in the block,
34.28neighborhood, or area in which the real property is located, and to represent, directly or
34.29indirectly, that this change will or may result in undesirable consequences in the block,
34.30neighborhood, or area in which the real property is located, including but not limited to the
34.31lowering of property values, an increase in criminal or antisocial behavior, or a decline in
34.32the quality of schools or other public facilities.
34Article 3 Sec. 18.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 35.1 Sec. 19. Minnesota Statutes 2022, section 363A.11, subdivision 1, is amended to read:
35.2 Subdivision 1.Full and equal enjoyment of public accommodations.(a) It is an unfair
35.3discriminatory practice:
35.4 (1) to deny any person the full and equal enjoyment of the goods, services, facilities,
35.5privileges, advantages, and accommodations of a place of public accommodation because
35.6of race, color, creed, religion, disability, national origin, marital status, sexual orientation,
35.7or sex, or gender identity, or for a taxicab company to discriminate in the access to, full
35.8utilization of, or benefit from service because of a person's disability; or
35.9 (2) for a place of public accommodation not to make reasonable accommodation to the
35.10known physical, sensory, or mental disability of a disabled person. In determining whether
35.11an accommodation is reasonable, the factors to be considered may include:
35.12 (i) the frequency and predictability with which members of the public will be served by
35.13the accommodation at that location;
35.14 (ii) the size of the business or organization at that location with respect to physical size,
35.15annual gross revenues, and the number of employees;
35.16 (iii) the extent to which disabled persons will be further served from the accommodation;
35.17 (iv) the type of operation;
35.18 (v) the nature and amount of both direct costs and legitimate indirect costs of making
35.19the accommodation and the reasonableness for that location to finance the accommodation;
35.20and
35.21 (vi) the extent to which any persons may be adversely affected by the accommodation.
35.22 (b) State or local building codes control where applicable. Violations of state or local
35.23building codes are not violations of this chapter and must be enforced under normal building
35.24code procedures.
35.25Sec. 20. Minnesota Statutes 2022, section 363A.11, subdivision 2, is amended to read:
35.26 Subd. 2.General prohibitions.This subdivision lists general prohibitions against
35.27discrimination on the basis of disability. For purposes of this subdivision, "individual" or
35.28"class of individuals" refers to the clients or customers of the covered public accommodation
35.29that enter into the contractual, licensing, or other arrangement.
35.30 (1) It is discriminatory to:
35Article 3 Sec. 20.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 36.1 (i) subject an individual or class of individuals on the basis of a disability of that
36.2individual or class, directly or through contractual, licensing, or other arrangements, to a
36.3denial of the opportunity of the individual or class to participate in or benefit from the goods,
36.4services, facilities, privileges, advantages, or accommodations of an entity;
36.5 (ii) afford an individual or class of individuals on the basis of the disability of that
36.6individual or class, directly or through contractual, licensing, or other arrangements, with
36.7the opportunity to participate in or benefit from the goods, services, facilities, privileges,
36.8advantages, or accommodations that are not equal to those afforded to other individuals;
36.9and
36.10 (iii) provide an individual or class of individuals, on the basis of a disability of that
36.11individual or class, directly or through contractual, licensing, or other arrangements, with
36.12goods, services, facilities, privileges, advantages, or accommodations that are different or
36.13separate from those provided to other individuals, unless the action is necessary to provide
36.14the individual or class of individuals with goods, services, facilities, privileges, advantages,
36.15or accommodations, or other opportunities that are as effective as those provided to others.;
36.16and
36.17 (iv) not provide a deaf or hard-of-hearing individual or class of deaf or hard-of-hearing
36.18individuals with closed-captioned television when television services are provided to other
36.19individuals.
36.20 (2) Goods, services, facilities, privileges, advantages, and accommodations must be
36.21afforded to an individual with a disability in the most integrated setting appropriate to the
36.22needs of the individual.
36.23 (3) Notwithstanding the existence of separate or different programs or activities provided
36.24in accordance with sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the individual
36.25with a disability may not be denied the opportunity to participate in the programs or activities
36.26that are not separate or different.
36.27 (4) An individual or entity may not, directly or through contractual or other arrangements,
36.28use standards or criteria and methods of administration:
36.29 (i) that have the effect of discriminating on the basis of disability; or
36.30 (ii) that perpetuate the discrimination of others who are subject to common administrative
36.31control.
36.32 EFFECTIVE DATE.This section is effective August 1, 2024, for all places of public
36.33accommodation.
36Article 3 Sec. 20.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 37.1 Sec. 21. Minnesota Statutes 2022, section 363A.12, subdivision 1, is amended to read:
37.2 Subdivision 1.Access to public service.It is an unfair discriminatory practice to
37.3discriminate against any person in the access to, admission to, full utilization of or benefit
37.4from any public service because of race, color, creed, religion, national origin, disability,
37.5sex, gender identity, sexual orientation, or status with regard to public assistance or to fail
37.6to ensure physical and program access for disabled persons unless the public service can
37.7demonstrate that providing the access would impose an undue hardship on its operation. In
37.8determining whether providing physical and program access would impose an undue
37.9hardship, factors to be considered include:
37.10 (1) the type and purpose of the public service's operation;
37.11 (2) the nature and cost of the needed accommodation;
37.12 (3) documented good faith efforts to explore less restrictive or less expensive alternatives;
37.13and
37.14 (4) the extent of consultation with knowledgeable disabled persons and organizations.
37.15 Physical and program access must be accomplished within six months of June 7, 1983,
37.16except for needed architectural modifications, which must be made within two years of June
37.177, 1983.
37.18Sec. 22. Minnesota Statutes 2022, section 363A.13, subdivision 1, is amended to read:
37.19 Subdivision 1.Utilization; benefit or services.It is an unfair discriminatory practice
37.20to discriminate in any manner in the full utilization of or benefit from any educational
37.21institution, or the services rendered thereby to any person because of race, color, creed,
37.22religion, national origin, sex, gender identity, age, marital status, status with regard to public
37.23assistance, sexual orientation, or disability, or to fail to ensure physical and program access
37.24for disabled persons. For purposes of this subdivision, program access includes but is not
37.25limited to providing taped texts, interpreters or other methods of making orally delivered
37.26materials available, readers in libraries, adapted classroom equipment, and similar auxiliary
37.27aids or services. Program access does not include providing attendants, individually
37.28prescribed devices, readers for personal use or study, or other devices or services of a
37.29personal nature.
37.30Sec. 23. Minnesota Statutes 2022, section 363A.13, subdivision 2, is amended to read:
37.31 Subd. 2.Exclude, expel, or selection.It is an unfair discriminatory practice to exclude,
37.32expel, or otherwise discriminate against a person seeking admission as a student, or a person
37Article 3 Sec. 23.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 38.1enrolled as a student because of race, color, creed, religion, national origin, sex, gender
38.2identity, age, marital status, status with regard to public assistance, sexual orientation, or
38.3disability.
38.4 Sec. 24. Minnesota Statutes 2022, section 363A.13, subdivision 3, is amended to read:
38.5 Subd. 3.Admission form or inquiry.It is an unfair discriminatory practice to make or
38.6use a written or oral inquiry, or form of application for admission that elicits or attempts to
38.7elicit information, or to make or keep a record, concerning the creed, religion, gender identity,
38.8sexual orientation, or disability of a person seeking admission, except as permitted by rules
38.9of the department.
38.10Sec. 25. Minnesota Statutes 2022, section 363A.13, subdivision 4, is amended to read:
38.11 Subd. 4.Purpose for information and record.It is an unfair discriminatory practice
38.12to make or use a written or oral inquiry or form of application that elicits or attempts to
38.13elicit information, or to keep a record concerning the race, color, national origin, sex, gender
38.14identity, sexual orientation, age, or marital status of a person seeking admission, unless the
38.15information is collected for purposes of evaluating the effectiveness of recruitment,
38.16admissions, and other educational policies, and is maintained separately from the application.
38.17Sec. 26. Minnesota Statutes 2022, section 363A.15, is amended to read:
38.18 363A.15 REPRISALS.
38.19 It is an unfair discriminatory practice for any individual who participated in the alleged
38.20discrimination as a perpetrator, employer, labor organization, employment agency, public
38.21accommodation, public service, educational institution, or owner, lessor, lessee, sublessee,
38.22assignee or managing agent of any real property, or any real estate broker, real estate
38.23salesperson, or employee or agent thereof to intentionally engage in any reprisal against
38.24any person because that person:
38.25 (1) opposed a practice forbidden under this chapter or has filed a charge, testified,
38.26assisted, or participated in any manner in an investigation, proceeding, or hearing under
38.27this chapter; or
38.28 (2) associated with a person or group of persons who are disabled or who are of different
38.29race, color, creed, religion, gender identity, sexual orientation, or national origin.
38.30 A reprisal includes, but is not limited to, any form of intimidation, retaliation, or
38.31harassment. It is a reprisal for an employer to do any of the following with respect to an
38Article 3 Sec. 26.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 39.1individual because that individual has engaged in the activities listed in clause (1) or (2):
39.2refuse to hire the individual; depart from any customary employment practice; transfer or
39.3assign the individual to a lesser position in terms of wages, hours, job classification, job
39.4security, or other employment status; or inform another employer that the individual has
39.5engaged in the activities listed in clause (1) or (2).
39.6 Sec. 27. Minnesota Statutes 2022, section 363A.16, subdivision 1, is amended to read:
39.7 Subdivision 1.Personal or commercial credit.It is an unfair discriminatory practice
39.8to discriminate in the extension of personal or commercial credit to a person, or in the
39.9requirements for obtaining credit, because of race, color, creed, religion, disability, national
39.10origin, sex, gender identity, sexual orientation, or marital status, or due to the receipt of
39.11federal, state, or local public assistance including medical assistance.
39.12Sec. 28. Minnesota Statutes 2022, section 363A.17, is amended to read:
39.13 363A.17 BUSINESS DISCRIMINATION.
39.14 It is an unfair discriminatory practice for a person engaged in a trade or business or in
39.15the provision of a service:
39.16 (1) to refuse to do business with or provide a service to a woman based on her use of
39.17her current or former surname; or
39.18 (2) to impose, as a condition of doing business with or providing a service to a woman,
39.19that a woman use her current surname rather than a former surname; or
39.20 (3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate
39.21in the basic terms, conditions, or performance of the contract because of a person's race,
39.22national origin, color, sex, gender identity, sexual orientation, or disability, unless the alleged
39.23refusal or discrimination is because of a legitimate business purpose.
39.24 Nothing in this section shall prohibit positive action plans.
39.25Sec. 29. Minnesota Statutes 2022, section 363A.21, subdivision 1, is amended to read:
39.26 Subdivision 1.Housing.The provisions of section 363A.09 shall not apply to:
39.27 (1) rooms in a temporary or permanent residence home run by a nonprofit organization,
39.28if the discrimination is by sex; or
39.29 (2) the rental by a resident owner or occupier of a one-family accommodation of a room
39.30or rooms in the accommodation to another person or persons if the discrimination is by sex,
39Article 3 Sec. 29.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 40.1gender identity, marital status, status with regard to public assistance, sexual orientation,
40.2or disability. Except as provided elsewhere in this chapter or other state or federal law, no
40.3person or group of persons selling, renting, or leasing property is required to modify the
40.4property in any way, or exercise a higher degree of care for a person having a disability
40.5than for a person who does not have a disability; nor shall this chapter be construed to relieve
40.6any person or persons of any obligations generally imposed on all persons regardless of any
40.7disability in a written lease, rental agreement, or contract of purchase or sale, or to forbid
40.8distinctions based on the inability to fulfill the terms and conditions, including financial
40.9obligations of the lease, agreement, or contract; or.
40.10 (3) the rental by a resident owner of a unit in a dwelling containing not more than two
40.11units, if the discrimination is on the basis of sexual orientation.
40.12Sec. 30. REPEALER.
40.13 Minnesota Statutes 2022, sections 363A.20, subdivision 3; and 363A.27, are repealed.
40.14 ARTICLE 4
40.15 DATA
40.16Section 1. Minnesota Statutes 2022, section 13.072, subdivision 1, is amended to read:
40.17 Subdivision 1.Opinion; when required.(a) Upon request of a government entity, the
40.18commissioner may give a written opinion on any question relating to public access to
40.19government data, rights of subjects of data, or classification of data under this chapter or
40.20other Minnesota statutes governing government data practices. Upon request of any person
40.21who disagrees with a determination regarding data practices made by a government entity,
40.22the commissioner may give a written opinion regarding the person's rights as a subject of
40.23government data or right to have access to government data.
40.24 (b) Upon request of a body subject to chapter 13D, the commissioner may give a written
40.25opinion on any question relating to the body's duties under chapter 13D. Upon request of a
40.26person who disagrees with the manner in which members of a governing body perform their
40.27duties under chapter 13D, the commissioner may give a written opinion on compliance with
40.28chapter 13D. A governing body or person requesting an opinion under this paragraph must
40.29pay the commissioner a fee of $200. Money received by the commissioner under this
40.30paragraph is appropriated to the commissioner for the purposes of this section.
40.31 (c) If the commissioner determines that no opinion will be issued, the commissioner
40.32shall give the government entity or body subject to chapter 13D or person requesting the
40Article 4 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 41.1opinion notice of the decision not to issue the opinion within five business days of receipt
41.2of the request. Notice must be in writing. For notice by mail, the decision not to issue an
41.3opinion is effective when placed with the United States Postal Service or with the central
41.4mail system of the state of Minnesota. If this notice is not given, the commissioner shall
41.5issue an opinion within 20 50 days of receipt of the request.
41.6 (d) For good cause and upon written notice to the person requesting the opinion, the
41.7commissioner may extend this deadline for one additional 30-day period. The notice must
41.8state the reason for extending the deadline. The government entity or the members of a body
41.9subject to chapter 13D must be provided a reasonable opportunity to explain the reasons
41.10for its decision regarding the data or how they perform their duties under chapter 13D. The
41.11commissioner or the government entity or body subject to chapter 13D may choose to give
41.12notice to the subject of the data concerning the dispute regarding the data or compliance
41.13with chapter 13D.
41.14 (e) This section does not apply to a determination made by the commissioner of health
41.15under section 13.3805, subdivision 1, paragraph (b), or 144.6581.
41.16 (f) A written, numbered, and published opinion issued by the attorney general shall take
41.17precedence over an opinion issued by the commissioner under this section.
41.18Sec. 2. [13.204] POLITICAL SUBDIVISIONS LICENSING DATA.
41.19 (a) The following data submitted to a political subdivision by a person seeking to obtain
41.20a license are classified as private data on individuals or nonpublic data:
41.21 (1) a tax return, as defined by section 270B.01, subdivision 2; and
41.22 (2) a bank account statement.
41.23 (b) Notwithstanding section 138.17, data collected by a political subdivision as part of
41.24a license application and classified under paragraph (a) must be destroyed no later than 90
41.25days after a final decision on the license application.
41.26 EFFECTIVE DATE.This section is effective the day following final enactment. Data
41.27which a political subdivision collected or created before the effective date of this act, and
41.28which would otherwise be subject to the destruction requirement, must be destroyed no
41.29later than 90 days following final enactment.
41Article 4 Sec. 2.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 42.1 Sec. 3. Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:
42.2 Subd. 3.Private data; when disclosure is permitted.Except as provided in subdivision
42.35, educational data is private data on individuals and shall not be disclosed except as follows:
42.4 (a) pursuant to section 13.05;
42.5 (b) pursuant to a valid court order;
42.6 (c) pursuant to a statute specifically authorizing access to the private data;
42.7 (d) to disclose information in health, including mental health, and safety emergencies
42.8pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code
42.9of Federal Regulations, title 34, section 99.36;
42.10 (e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
42.11(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
42.12title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
42.13 (f) to appropriate health authorities to the extent necessary to administer immunization
42.14programs and for bona fide epidemiologic investigations which the commissioner of health
42.15determines are necessary to prevent disease or disability to individuals in the public
42.16educational agency or institution in which the investigation is being conducted;
42.17 (g) when disclosure is required for institutions that participate in a program under title
42.18IV of the Higher Education Act, United States Code, title 20, section 1092;
42.19 (h) to the appropriate school district officials to the extent necessary under subdivision
42.206, annually to indicate the extent and content of remedial instruction, including the results
42.21of assessment testing and academic performance at a postsecondary institution during the
42.22previous academic year by a student who graduated from a Minnesota school district within
42.23two years before receiving the remedial instruction;
42.24 (i) to appropriate authorities as provided in United States Code, title 20, section
42.251232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
42.26system to effectively serve, prior to adjudication, the student whose records are released;
42.27provided that the authorities to whom the data are released submit a written request for the
42.28data that certifies that the data will not be disclosed to any other person except as authorized
42.29by law without the written consent of the parent of the student and the request and a record
42.30of the release are maintained in the student's file;
42Article 4 Sec. 3.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 43.1 (j) to volunteers who are determined to have a legitimate educational interest in the data
43.2and who are conducting activities and events sponsored by or endorsed by the educational
43.3agency or institution for students or former students;
43.4 (k) to provide student recruiting information, from educational data held by colleges
43.5and universities, as required by and subject to Code of Federal Regulations, title 32, section
43.6216;
43.7 (l) to the juvenile justice system if information about the behavior of a student who poses
43.8a risk of harm is reasonably necessary to protect the health or safety of the student or other
43.9individuals;
43.10 (m) with respect to Social Security numbers of students in the adult basic education
43.11system, to Minnesota State Colleges and Universities and the Department of Employment
43.12and Economic Development for the purpose and in the manner described in section 124D.52,
43.13subdivision 7;
43.14 (n) to the commissioner of education for purposes of an assessment or investigation of
43.15a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request
43.16by the commissioner of education, data that are relevant to a report of maltreatment and are
43.17from charter school and school district investigations of alleged maltreatment of a student
43.18must be disclosed to the commissioner, including, but not limited to, the following:
43.19 (1) information regarding the student alleged to have been maltreated;
43.20 (2) information regarding student and employee witnesses;
43.21 (3) information regarding the alleged perpetrator; and
43.22 (4) what corrective or protective action was taken, if any, by the school facility in response
43.23to a report of maltreatment by an employee or agent of the school or school district;
43.24 (o) when the disclosure is of the final results of a disciplinary proceeding on a charge
43.25of a crime of violence or nonforcible sex offense to the extent authorized under United
43.26States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations,
43.27title 34, sections 99.31(a)(13) and (14);
43.28 (p) when the disclosure is information provided to the institution under United States
43.29Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
43.30under United States Code, title 20, section 1232g(b)(7); or
43.31 (q) when the disclosure is to a parent of a student at an institution of postsecondary
43.32education regarding the student's violation of any federal, state, or local law or of any rule
43Article 4 Sec. 3.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 44.1or policy of the institution, governing the use or possession of alcohol or of a controlled
44.2substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
44.3Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has
44.4an information release form signed by the student authorizing disclosure to a parent. The
44.5institution must notify parents and students about the purpose and availability of the
44.6information release forms. At a minimum, the institution must distribute the information
44.7release forms at parent and student orientation meetings.;
44.8 (r) a student's name, home address, telephone number, email address, or other personal
44.9contact information may be disclosed to a public library for purposes of issuing a library
44.10card to the student; or
44.11 (s) with Tribal Nations about Tribally enrolled or descendant students to the extent
44.12necessary for the Tribal Nation and school district or charter school to support the educational
44.13attainment of the student.
44.14Sec. 4. Minnesota Statutes 2022, section 13.32, subdivision 5, is amended to read:
44.15 Subd. 5.Directory information.Information (a) Educational data designated as directory
44.16information is public data on individuals to the extent required under federal law. Directory
44.17information must be designated pursuant to the provisions of:
44.18 (1) this subdivision; and
44.19 (2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
44.2034, section 99.37, which are were in effect on January 3, 2012, is public data on individuals,
44.21to the extent required under federal law.
44.22 (b) When conducting the directory information designation and notice process required
44.23by federal law, an educational agency or institution shall give parents and students notice
44.24of the right to refuse to let the agency or institution designate any or all specified data about
44.25the student as directory information. This notice may be given by any means reasonably
44.26likely to inform the parents and students of the right.
44.27 (c) An educational agency or institution may not designate a student's home address,
44.28telephone number, email address, or other personal contact information as directory
44.29information under this subdivision. This paragraph does not apply to a postsecondary
44.30institution.
44.31 (d) When requested, educational agencies or institutions must share personal student
44.32contact information and directory information, whether public or private, with the Minnesota
44.33Department of Education, as required for federal reporting purposes.
44Article 4 Sec. 4.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 45.1 EFFECTIVE DATE.This section is effective the day following final enactment.
45.2Beginning upon the effective date of this section, a student's personal contact information
45.3subject to this section must be treated by an educational agency or institution as private
45.4educational data under Minnesota Statutes, section 13.32, regardless of whether that contact
45.5information was previously designated as directory information under Minnesota Statutes,
45.6section 13.32, subdivision 5.
45.7 Sec. 5. Minnesota Statutes 2022, section 13.643, subdivision 6, is amended to read:
45.8 Subd. 6.Animal premises data.(a) Except for farmed Cervidae premises location data
45.9collected and maintained under section 35.155, the following data collected and maintained
45.10by the Board of Animal Health related to registration and identification of premises and
45.11animals under chapter 35, are classified as private or nonpublic:
45.12 (1) the names and addresses;
45.13 (2) the location of the premises where animals are kept; and
45.14 (3) the identification number of the premises or the animal.
45.15 (b) Except as provided in section 347.58, subdivision 5, data collected and maintained
45.16by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or
45.17nonpublic.
45.18 (c) The Board of Animal Health may disclose data collected under paragraph (a) or (b)
45.19to any person, agency, or to the public if the board determines that the access will aid in the
45.20law enforcement process or the protection of public or animal health or safety.
45.21 ARTICLE 5
45.22 NOTARIES PUBLIC
45.23Section 1. Minnesota Statutes 2022, section 357.17, is amended to read:
45.24 357.17 NOTARIES PUBLIC.
45.25 (a) The maximum fees to be charged and collected by a notary public shall be as follows:
45.26 (1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such
45.27bill; where protest is legally necessary, and copy thereof, $5;
45.28 (2) for every other protest and copy, $5;
45.29 (3) for making and serving every notice of nonpayment of note or nonacceptance of bill
45.30and copy thereof, $5;
45Article 5 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 46.1 (4) for any affidavit or paper for which provision is not made herein, $5 per folio, and
46.2$1 per folio for copies;
46.3 (5) for each oath administered, $5;
46.4 (6) for acknowledgments of deeds and for other services authorized by law, the legal
46.5fees allowed other officers for like services;
46.6 (7) for recording each instrument required by law to be recorded by the notary, $5 per
46.7folio.
46.8 (b) A notary public may charge a fee for performing a marriage in excess of the fees in
46.9paragraph (a) if the notary is a member, director, or partner of an entity organized under
46.10the laws of this state.
46.11Sec. 2. Minnesota Statutes 2022, section 359.04, is amended to read:
46.12 359.04 POWERS.
46.13 Every notary public so appointed, commissioned, and qualified shall have power
46.14throughout this state to administer all oaths required or authorized to be administered in
46.15this state; to take and certify all depositions to be used in any of the courts of this state; to
46.16take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
46.17other instruments in writing or electronic records; to receive, make out, and record notarial
46.18protests; to perform civil marriages consistent with this chapter and chapter 517; and to
46.19perform online remote notarial acts in compliance with the requirements of sections 358.645
46.20and 358.646.
46.21Sec. 3. [359.115] CIVIL MARRIAGE OFFICIANT.
46.22 (a) A notary public shall have the power to solemnize civil marriages throughout the
46.23state if the notary public has filed a copy of the notary public's notary credentials with the
46.24local registrar of a county in this state. When a local registrar records notary credentials for
46.25a notary public, the local registrar shall provide a certificate of filing to the notary whose
46.26credentials are recorded. A notary public shall endorse and record the county where the
46.27notary public's credentials are recorded upon each certificate of civil marriage granted by
46.28the notary.
46.29 (b) A past or current Minnesota elected official, who was elected to a local government
46.30office or to a state or federal government office, shall have the power to solemnize a civil
46.31marriage throughout the state if the elected official has filed a copy of the elected official's
46.32certificate of election with the local registrar of a county in this state. When a local registrar
46Article 5 Sec. 3.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 47.1records an elected official's credentials, the local registrar shall provide a certificate of filing
47.2that the elected official's credentials are recorded, and the elected official shall endorse and
47.3record the county where the elected official's credentials are recorded upon each certificate
47.4of civil marriage granted by the elected official.
47.5 Sec. 4. Minnesota Statutes 2022, section 517.04, is amended to read:
47.6 517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
47.7 Civil marriages may be solemnized throughout the state by an individual who has attained
47.8the age of 21 years and is a judge of a court of record, a retired judge of a court of record,
47.9a court administrator, a retired court administrator with the approval of the chief judge of
47.10the judicial district, a former court commissioner who is employed by the court system or
47.11is acting pursuant to an order of the chief judge of the commissioner's judicial district, a
47.12notary authorized by the Office of the Secretary of State, a past or current Minnesota elected
47.13official authorized by section 359.115, the residential school superintendent of the Minnesota
47.14State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or
47.15ordained minister of any religious denomination, or by any mode recognized in section
47.16517.18. For purposes of this section, a court of record includes the Office of Administrative
47.17Hearings under section 14.48.
47.18 ARTICLE 6
47.19 HEALTH CARE MEDIATION
47.20Section 1. [145.685] COMMUNICA TION AND RESOLUTION AFTER A HEALTH
47.21CARE ADVERSE INCIDENT.
47.22 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
47.23the meanings given.
47.24 (b) "Health care adverse incident" means an objective and definable outcome arising
47.25from or related to patient care that results in the death or physical injury of a patient.
47.26 (c) "Health care provider" means a person who is licensed, certified, or registered, or
47.27otherwise permitted by state law, to administer health care in the ordinary course of business
47.28or in the practice of a profession and practices at a health facility.
47.29 (d) "Health facility" means a hospital or outpatient surgical center licensed under sections
47.30144.50 to 144.56; a medical, dental, or health care clinic; a diagnostic laboratory; or a
47.31birthing center licensed under section 144.615. The definition of health facility includes
47Article 6 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 48.1any corporation, professional corporation, partnership, limited liability company, limited
48.2liability partnership, or other entity comprised of health facilities or health care providers.
48.3 (e) "Open discussion" means all communications that are made during an open discussion
48.4process under this section and includes memoranda, work product, documents, and other
48.5materials that are prepared for or submitted in the course of or in connection with
48.6communications made under this section. Open discussion does not include any
48.7communication, memoranda, work product, or other materials that would otherwise be
48.8subject to discovery and were not prepared specifically for use in an open discussion pursuant
48.9to this section.
48.10 (f) "Patient" means a person who receives health care from a health care provider. If the
48.11patient is under 18 years of age and is not an emancipated minor, the definition of patient
48.12includes the patient's legal guardian or parent. If the patient is deceased or incapacitated,
48.13the definition of patient includes the patient's legal representative.
48.14 Subd. 2.Engaging in an open discussion.(a) If a health care adverse incident occurs,
48.15a health care provider involved in the health care adverse incident, the health facility involved
48.16in the health care adverse incident, or both jointly may provide the patient with written
48.17notice of their desire to enter into an open discussion with the patient to discuss potential
48.18outcomes following a health care adverse incident in accordance with this section. A health
48.19facility may designate a person or class of persons who has the authority to provide the
48.20notice on behalf of the health facility. The patient involved in the health care adverse incident
48.21may provide oral notice to the health care provider, the health facility involved in the health
48.22care adverse incident, or both, of the patient's desire to enter into an open discussion with
48.23either the health care provider, or the health care provider and health facility jointly, to
48.24discuss potential outcomes following a health care adverse incident in accordance with this
48.25section.
48.26 (b) If a health care provider or health facility decides to enter into an open discussion
48.27as specified in this section, the written notice must be sent to the patient within 365 days
48.28from the date the health care provider or the health facility knew, or through the use of
48.29diligence should have known, of the health care adverse incident. The notice must include:
48.30 (1) the health care provider, health facility, or both jointly desire to pursue an open
48.31discussion in accordance with this section;
48.32 (2) the patient's right to receive a copy of the medical records related to the health care
48.33adverse incident and the patient's right to authorize the release of the patient's medical
48.34records related to the health care adverse incident to a third party;
48Article 6 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 49.1 (3) the patient's right to seek legal counsel and to have legal counsel present throughout
49.2the open discussion process;
49.3 (4) a copy of section 541.076 with notice that the time for a patient to bring a lawsuit is
49.4limited under section 541.076 and will not be extended by engaging in an open discussion
49.5under this section unless all parties agree in writing to an extension;
49.6 (5) that if the patient chooses to engage in an open discussion with the health care
49.7provider, health facility, or jointly with both, all communications made during the course
49.8of the open discussion process, including communications regarding the initiation of an
49.9open discussion are:
49.10 (i) privileged and confidential;
49.11 (ii) not subject to discovery, subpoena, or other means of legal compulsion for release;
49.12and
49.13 (iii) not admissible as evidence in a proceeding arising directly out of the health care
49.14adverse incident, including a judicial, administrative, or arbitration proceeding; and
49.15 (6) that any communications, memoranda, work product, documents, or other material
49.16that are otherwise subject to discovery and not prepared specifically for use in an open
49.17discussion under this section are not confidential.
49.18 (c) If the patient agrees to engage in an open discussion with a health care provider,
49.19health facility, or jointly with both, the agreement must be in writing and must state that
49.20the patient has received the notice described in paragraph (b).
49.21 (d) Upon agreement to engage in an open discussion, the patient, health care provider,
49.22or health facility may include other persons in the open discussion process. All other persons
49.23included in the open discussion must be advised of the parameters of communications made
49.24during the open discussion process specified under paragraph (b), clauses (5) and (6).
49.25 (e) If a health care provider or health facility decides to engage in an open discussion,
49.26the health care provider or health facility may:
49.27 (1) investigate how the health care adverse incident occurred, including gathering
49.28information regarding the medical care or treatment and disclose the results of the
49.29investigation to the patient;
49.30 (2) openly communicate to the patient the steps the health care provider or health facility
49.31will take to prevent future occurrences of the health care adverse incident; and
49Article 6 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 50.1 (3) determine that no offer of compensation for the health care adverse incident is
50.2warranted or that an offer of compensation for the health care adverse incident is warranted.
50.3 (f) If a health care provider or health facility determines that no offer of compensation
50.4is warranted, the health care provider or health facility shall orally communicate that decision
50.5to the patient.
50.6 (g) If a health care provider or a health facility determines that an offer of compensation
50.7is warranted, the health care provider or health facility shall provide the patient with a written
50.8offer of compensation. If an offer of compensation is made under this paragraph, and the
50.9patient is not represented by legal counsel, the health care provider or health facility shall:
50.10 (1) advise the patient of the patient's right to seek legal counsel regarding the offer of
50.11compensation and encourage the patient to seek legal counsel; and
50.12 (2) provide notice to the patient that the patient may be legally required to repay medical
50.13and other expenses that were paid by a third party on the patient's behalf, including private
50.14health insurance, Medicaid, or Medicare, along with an itemized statement from the health
50.15provider showing all charges and third-party payments.
50.16 (h) Except for an offer of compensation made under paragraph (g), open discussions
50.17between the health care provider or health facility and the patient about compensation shall
50.18not be in writing.
50.19 Subd. 3.Confidentiality of open discussions and offers of compensation.(a) Open
50.20discussion communications made under this section, including offers of compensation made
50.21under subdivision 2:
50.22 (1) do not constitute an admission of liability;
50.23 (2) are privileged and confidential and shall not be disclosed;
50.24 (3) are not admissible as evidence in any subsequent judicial, administrative, or arbitration
50.25proceeding arising directly out of the health care adverse incident, except as provided in
50.26paragraph (b);
50.27 (4) are not subject to discovery, subpoena, or other means of legal compulsion for release;
50.28and
50.29 (5) shall not be disclosed by any party in any subsequent judicial, administrative, or
50.30arbitration proceeding arising directly out of the health care adverse incident.
50.31 (b) A party may move the court or other decision maker in a subsequent proceeding to
50.32adjudicate the matter to admit as evidence a communication made during an open discussion
50Article 6 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 51.1that contradicts a statement made during the proceeding. The court or other decision maker
51.2shall allow a communication made during an open discussion that contradicts a statement
51.3made at a subsequent proceeding to adjudicate the matter into evidence only if the
51.4communication made during an open discussion is material to the claims presented in the
51.5subsequent proceeding.
51.6 (c) Communications, memoranda, work product, documents, and other materials that
51.7are otherwise subject to discovery and that were not prepared specifically for use in an open
51.8discussion under this section are not confidential.
51.9 (d) The limitation on disclosure imposed by this subdivision includes disclosure during
51.10any discovery conducted as part of a subsequent adjudicatory proceeding, and a court or
51.11other adjudicatory body shall not compel any person who engages in an open discussion
51.12under this section to disclose confidential communications or agreements made under this
51.13section.
51.14 (e) This subdivision does not affect any other law, rule, or requirement with respect to
51.15confidentiality.
51.16 Subd. 4.Payment and resolution.(a) If a patient accepts an offer of compensation
51.17made pursuant to this section, and payment of compensation is made to a patient as a result,
51.18the payment to the patient is not payment resulting from:
51.19 (1) a written claim or demand for payment;
51.20 (2) a final judgment, settlement, or arbitration award against a health care institution for
51.21medical malpractice purposes; or
51.22 (3) a malpractice claim settled or in which judgment is rendered against a health care
51.23professional for purposes of reporting by malpractice insurance companies under sections
51.24146A.03, 147.111, 147A.14, 148.102, 148.263, 148B.381, 148F.205, 150A.13, and 153.24.
51.25 (b) A health care provider or health facility may require, as a condition of an offer of
51.26compensation made pursuant to this section, a patient to execute all documents and obtain
51.27any necessary court approval to resolve a health care adverse incident. The parties shall
51.28negotiate the form of the documents to be executed and obtain court approval as necessary.
51.29 Subd. 5.Sunset.This section sunsets on June 30, 2031.
51.30 Subd. 6.Applicability.This section applies only to health care adverse incidents that
51.31occur on or after August 1, 2023.
51Article 6 Section 1.
REVISOR KLL H0447-1HF447 FIRST ENGROSSMENT 346.02 FINDER TO GIVE NOTICE; PENALTY.
A person who finds an estray and knows who owns it shall notify the owner within seven days
after finding the estray and request the owner to pay all reasonable charges and take such estray
away. A finder who does not know who owns the estray shall within ten days file a notice with the
town clerk. The clerk shall transmit a copy thereof to the county recorder, who shall record the
same in a book designated "estray book." The finder shall give posted notice of the finding of the
estray in said town. The notice shall briefly describe the estray, giving its marks, natural and artificial,
as nearly as practicable, naming the residence of the finder, and specifying the town, section, and
time when taken up. For failure to give such notice, the finder shall be liable to the owner of the
estray in double the amount of damages sustained by the owner thereby.
363A.20 EXEMPTION BASED ON EMPLOYMENT .
Subd. 3.Nonpublic service organization.The provisions of section 363A.08 shall not apply
to a nonpublic service organization whose primary function is providing occasional services to
minors, such as youth sports organizations, scouting organizations, boys' or girls' clubs, programs
providing friends, counselors, or role models for minors, youth theater, dance, music or artistic
organizations, agricultural organizations for minors, including 4-H clubs, and other youth
organizations, with respect to qualifications of employees or volunteers based on sexual orientation.
363A.27 CONSTRUCTION OF LAW.
Nothing in this chapter shall be construed to:
(1) mean the state of Minnesota condones homosexuality or bisexuality or any equivalent
lifestyle;
(2) authorize or permit the promotion of homosexuality or bisexuality in education institutions
or require the teaching in education institutions of homosexuality or bisexuality as an acceptable
lifestyle;
(3) authorize or permit the use of numerical goals or quotas, or other types of affirmative action
programs, with respect to homosexuality or bisexuality in the administration or enforcement of the
provisions of this chapter; or
(4) authorize the recognition of or the right of marriage between persons of the same sex.
504B.305 NOTICE OF SEIZURE PROVISION.
Landlords shall give written notice to tenants of the provision relating to seizures in section
504B.301. Failure to give such notice does not subject the landlord to criminal or civil liability and
is not a defense under section 609.5317, subdivision 3.
582.14 LIMITATION ON OLD FORECLOSURE ACTIONS.
No action or proceeding to foreclose a real estate mortgage executed prior to November 1, 1909,
shall be maintained after January 1, 1946, unless prior to said date the owner of said mortgage shall
have filed in the office of the county recorder of the county in which is located the real estate covered
thereby, a notice setting forth the name of the claimant, a description of said real estate and of said
mortgage including the volume and page at which it is of record and a statement of the amount
claimed to be due thereon. Such notices may be discharged in the same manner as notices of lis
pendens, and, so discharged, shall, together with all information included therein, cease to constitute
either actual or constructive notice.
1R
APPENDIX
Repealed Minnesota Statutes: H0447-1