42 | | - | Passed by the House as Amended and transmitted to the Senate to include Floor Amendments |
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43 | | - | Passed by the Senate as Amended and returned to the House05/22/2023 |
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44 | | - | Read Third Time as Amended by the Senate |
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45 | | - | Repassed the bill as Amended by the Senate 2.1 Sec. 2. [CORR23-15] Laws 2021, First Special Session chapter 14, article 11, section 42, |
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46 | | - | 2.2is amended to read: |
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47 | | - | 2.3 Sec. 42. APPROPRIATION; MEAT PROCESSING BUSINESSES BUSINESS IN |
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48 | | - | 2.4REDEVELOPMENT AREA. |
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49 | | - | 2.5 Subdivision 1.Grant.Of an appropriation in fiscal year 2022 for the targeted community |
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50 | | - | 2.6capital project grant program under Minnesota Statutes, section 116J.9924, the commissioner |
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51 | | - | 2.7of employment and economic development must grant $6,000,000 for one or more grants |
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52 | | - | 2.8to any to a business engaged in the meat processing industry and currently conducting |
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53 | | - | 2.9operations in a building or buildings constructed on or before January 1, 1947, and located |
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54 | | - | 2.10in a city of the second class that was designated as a redevelopment area by the United |
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55 | | - | 2.11States Department of Commerce under the Public Works and Economic Development Act |
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56 | | - | 2.12of 1965, Public Law 89-136, title IV, section 401(a)(4) the city of South St. Paul. This |
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57 | | - | 2.13appropriation includes: The grant proceeds may be used for one or more of the following: |
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58 | | - | 2.14site acquisition costs; relocation costs; predesign; design; sewer, water, and stormwater |
---|
59 | | - | 2.15infrastructure; site preparation; engineering; and the cost of improvements to real property |
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60 | | - | 2.16locally zoned to allow a meat processing land use that are incurred by any qualified business |
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61 | | - | 2.17under this section. A grantee under this section must work in consultation with a local |
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62 | | - | 2.18government unit with jurisdiction over the area where the property is located on activities |
---|
63 | | - | 2.19funded by the grant. This is a onetime appropriation. A grant issued under this section is |
---|
64 | | - | 2.20not subject to the grant requirements under Minnesota Statutes, section 116J.9924. |
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65 | | - | 2.21 Subd. 2.Criteria.A business selected by the commissioner of employment and economic |
---|
66 | | - | 2.22development under this section shall meet the following criteria: |
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67 | | - | 2.23 (1) the business applying for the grant must currently operate its meat processing business |
---|
68 | | - | 2.24within the "Shoreland Overlay Zoning District" as depicted on the Official Zoning Map for |
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69 | | - | 2.25the city of South St. Paul; |
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70 | | - | 2.26 (2) the business applying for the grant must currently operate its meat processing business |
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71 | | - | 2.27within a property not directly abutting a public street; and |
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72 | | - | 2.28 (3) the business applying for the grant must currently operate its meat processing business |
---|
73 | | - | 2.29in at least two separate, detached permanent structures. |
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74 | | - | 2.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
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75 | | - | 2Sec. 2. |
---|
76 | | - | REVISOR JFK H0447-3HF447 THIRD ENGROSSMENT 3.1 Sec. 3. [CORR23-16] Laws 2023, chapter 52, article 1, is amended by adding a section |
---|
77 | | - | 3.2to read: |
---|
78 | | - | 10,900,000$3,515,000$ |
---|
79 | | - | 3.3Sec. 13. STATE COMPETENCY |
---|
80 | | - | 3.4ATTAINMENT BOARD |
---|
81 | | - | 3.5 Sec. 4. [CORR23-17] 2023 S.F. No. 2995, article 20, section 2, subdivision 1, if enacted, |
---|
82 | | - | 3.6is amended to read: |
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83 | | - | 4,247,175,000 |
---|
84 | | - | 4,246,785,000$ |
---|
85 | | - | 3.7 4,245,412,000 |
---|
86 | | - | 4,245,022,000$3.8Subdivision 1.Total Appropriation |
---|
87 | | - | 3.9 Appropriations by Fund |
---|
88 | | - | 20253.10 2024 |
---|
89 | | - | 2,634,212,000 |
---|
90 | | - | 2,633,822,000 |
---|
91 | | - | 3.11 3,045,462,000 |
---|
92 | | - | 3,045,072,0003.12General |
---|
93 | | - | 5,409,0004,901,000 |
---|
94 | | - | 3.13State Government |
---|
95 | | - | 3.14Special Revenue |
---|
96 | | - | 1,328,004,000917,933,0003.15Health Care Access |
---|
97 | | - | 279,387,000276,953,0003.16Federal TANF |
---|
98 | | - | 163,000163,0003.17Lottery Prize |
---|
99 | | - | 3.18The amounts that may be spent for each |
---|
100 | | - | 3.19purpose are specified in the following |
---|
101 | | - | 3.20subdivisions. |
---|
102 | | - | 3.21 Sec. 5. [CORR23-18] 2023 S.F. No. 2995, article 20, section 2, subdivision 4, if enacted, |
---|
103 | | - | 3.22is amended to read: |
---|
104 | | - | 3.23Subd. 4.Central Office; Children and Families |
---|
105 | | - | 3.24 Appropriations by Fund |
---|
106 | | - | 43,515,000 |
---|
107 | | - | 43,125,000 |
---|
108 | | - | 3.25 57,107,000 |
---|
109 | | - | 56,717,0003.26General |
---|
110 | | - | 2,582,0002,582,0003.27Federal TANF |
---|
111 | | - | 3.28(a) Quadrennial review of child support |
---|
112 | | - | 3.29guidelines. $64,000 in fiscal year 2024 and |
---|
113 | | - | 3.30$32,000 in fiscal year 2025 are from the |
---|
114 | | - | 3.31general fund for a quadrennial review of child |
---|
115 | | - | 3.32support guidelines. |
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116 | | - | 3.33(b) Transfer. The commissioner must transfer |
---|
117 | | - | 3.34$64,000 in fiscal year 2024 and $32,000 in |
---|
118 | | - | 3Sec. 5. |
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119 | | - | REVISOR JFK H0447-3HF447 THIRD ENGROSSMENT 4.1fiscal year 2025 from the general fund to the |
---|
120 | | - | 4.2special revenue fund to be used for the |
---|
121 | | - | 4.3quadrennial review of child support guidelines. |
---|
122 | | - | 4.4(c) Child care and early education |
---|
123 | | - | 4.5professional wage scale and comparable |
---|
124 | | - | 4.6competencies analysis. $778,000 in fiscal |
---|
125 | | - | 4.7year 2024 and $730,000 in fiscal year 2025 |
---|
126 | | - | 4.8are from the general fund for child care and |
---|
127 | | - | 4.9early education professional wage scale and |
---|
128 | | - | 4.10comparable competencies analysis. This is a |
---|
129 | | - | 4.11onetime appropriation. The commissioner may |
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130 | | - | 4.12execute, as necessary to complete this analysis, |
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131 | | - | 4.13interagency agreements with the |
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132 | | - | 4.14commissioners of education, employment and |
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133 | | - | 4.15economic development, and management and |
---|
134 | | - | 4.16budget. |
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135 | | - | 4.17(d) Cost estimation model for early care and |
---|
136 | | - | 4.18learning programs. $100,000 in fiscal year |
---|
137 | | - | 4.192024 is from the general fund for developing |
---|
138 | | - | 4.20a cost estimation model for providing early |
---|
139 | | - | 4.21care and learning. |
---|
140 | | - | 4.22(e) Integrated services for children and |
---|
141 | | - | 4.23families. $8,302,000 in fiscal year 2024 and |
---|
142 | | - | 4.24$6,776,000 in fiscal year 2025 are from the |
---|
143 | | - | 4.25general fund for integrated services for |
---|
144 | | - | 4.26children and families projects. |
---|
145 | | - | 4.27Notwithstanding Minnesota Statutes, section |
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146 | | - | 4.2816A.28, subdivision 3, $2,041,000 of the |
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147 | | - | 4.29appropriation in fiscal year 2024 is available |
---|
148 | | - | 4.30until June 30, 2027, and $4,261,000 is |
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149 | | - | 4.31available until June 30, 2029. Notwithstanding |
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150 | | - | 4.32Minnesota Statutes, section 16A.28, |
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151 | | - | 4.33subdivision 3, $4,586,000 of the appropriation |
---|
152 | | - | 4.34in fiscal year 2025 is available until June 30, |
---|
153 | | - | 4.352029. This is a onetime appropriation. |
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154 | | - | 4Sec. 5. |
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155 | | - | REVISOR JFK H0447-3HF447 THIRD ENGROSSMENT 5.1(f) Carryforward authority. Notwithstanding |
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156 | | - | 5.2Minnesota Statutes, section 16A.28, |
---|
157 | | - | 5.3subdivision 3, $4,992,000 of the appropriation |
---|
158 | | - | 5.4in fiscal year 2024 is available until June 30, |
---|
159 | | - | 5.52027, and $2,413,000 is available until June |
---|
160 | | - | 5.630, 2028. |
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161 | | - | 5.7(g) IT systems improvements for children |
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162 | | - | 5.8and families. $20,000,000 in fiscal year 2024 |
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163 | | - | 5.9is from the general fund for information |
---|
164 | | - | 5.10technology improvements for programs for |
---|
165 | | - | 5.11children and families. This appropriation must |
---|
166 | | - | 5.12be deposited in the state systems account under |
---|
167 | | - | 5.13Minnesota Statutes, section 256.014, |
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168 | | - | 5.14subdivision 2, and must only be expended |
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169 | | - | 5.15according to the requirements of article 12, |
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170 | | - | 5.16section 31. The commissioner of human |
---|
171 | | - | 5.17services may transfer funds from this |
---|
172 | | - | 5.18appropriation to the commissioner of |
---|
173 | | - | 5.19education, Minnesota IT Services, or the |
---|
174 | | - | 5.20commissioner of children, youth, and families |
---|
175 | | - | 5.21to develop and implement the plan under |
---|
176 | | - | 5.22article 12, section 31. The commissioner of |
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177 | | - | 5.23human services must transfer any unexpended |
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178 | | - | 5.24amounts and any federal funds attributable to |
---|
179 | | - | 5.25expenditures under this paragraph to the |
---|
180 | | - | 5.26commissioner of children, youth, and families |
---|
181 | | - | 5.27according to the requirements of Minnesota |
---|
182 | | - | 5.28Statutes, section 15.039, subdivision 6. This |
---|
183 | | - | 5.29is a onetime appropriation. |
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184 | | - | 5.30(h) Base level adjustment. The general fund |
---|
185 | | - | 5.31base is $35,889,000 in fiscal year 2026 and |
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186 | | - | 5.32$35,466,000 in fiscal year 2027. |
---|
187 | | - | 5Sec. 5. |
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188 | | - | REVISOR JFK H0447-3HF447 THIRD ENGROSSMENT 6.1 Sec. 6. [CORR23-19] 2023 S.F. No. 2995, article 20, section 15, if enacted, is amended |
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189 | | - | 6.2to read: |
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190 | | - | 72,000$68,000$ |
---|
191 | | - | 6.3Sec. 15. COMMISSIONER OF LABOR AND |
---|
192 | | - | 6.4INDUSTRY. |
---|
193 | | - | 6.5This appropriation is contingent upon |
---|
194 | | - | 6.6legislative enactment of 2023 Senate File 1384 |
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195 | | - | 6.7by the 93rd Legislature. This appropriation is |
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196 | | - | 6.8available until June 30, 2025. |
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197 | | - | 6.9Base level adjustment. The general fund base |
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198 | | - | 6.10is $1,793,000 in fiscal year 2026 and |
---|
199 | | - | 6.11$1,790,000 in fiscal year 2027. |
---|
200 | | - | 6.12 Sec. 7. [CORR23-20] REPEALER. |
---|
201 | | - | 6.13 Laws 2023, chapter 52, article 1, section 15, is repealed. |
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202 | | - | 6.14 Sec. 8. EFFECTIVE DATE. |
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203 | | - | 6.15 Unless otherwise provided, each section of this act is effective at the time the provision |
---|
204 | | - | 6.16being corrected is effective. |
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205 | | - | 6Sec. 8. |
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206 | | - | REVISOR JFK H0447-3HF447 THIRD ENGROSSMENT Laws 2023, chapter 52, article 1, section 15 |
---|
207 | | - | Sec. 15. Laws 2022, chapter 99, article 3, section 1, as amended by Laws 2023, chapter 14, section |
---|
208 | | - | 36, is amended to read: |
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209 | | - | Section 1. APPROPRIATION BASE ESTABLISHED; COMPETENCY ATTAINMENT. |
---|
210 | | - | Subdivision 1.Department of Corrections.The general fund appropriation base for the |
---|
211 | | - | commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year 2025 for |
---|
212 | | - | correctional facilities inspectors. |
---|
213 | | - | Subd. 2.District courts.The general fund appropriation base for the district courts is $5,042,000 |
---|
214 | | - | $1,500,000 in fiscal year 2024 and $5,042,000 in fiscal year 2025 for costs associated with additional |
---|
215 | | - | competency examination costs. |
---|
216 | | - | Subd. 3.State Competency Attainment Board.The general fund appropriation base for the |
---|
217 | | - | State Competency Attainment Board is $11,350,000 $3,515,000 in fiscal year 2024 and $10,900,000 |
---|
218 | | - | in fiscal year 2025 for staffing and other costs needed to establish and perform the duties of the |
---|
219 | | - | State Competency Attainment Board, including providing educational services necessary to assist |
---|
220 | | - | defendants in attaining competency, or contracting or partnering with other organizations to provide |
---|
221 | | - | those services. |
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| 49 | + | Passed by the House as Amended and transmitted to the Senate to include Floor Amendments 2.1 (b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within |
---|
| 50 | + | 2.2a reasonable time after seizure, the appropriate agency shall serve the driver or operator of |
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| 51 | + | 2.3the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when |
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| 52 | + | 2.4a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all |
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| 53 | + | 2.5persons known to have an ownership, possessory, or security interest in the vehicle must |
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| 54 | + | 2.6be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to |
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| 55 | + | 2.7be registered under chapter 168, the notification to a person known to have a security interest |
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| 56 | + | 2.8in the vehicle is required only if the vehicle is registered under chapter 168 and the interest |
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| 57 | + | 2.9is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting |
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| 58 | + | 2.10authority, a court may extend the time period for sending notice for a period not to exceed |
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| 59 | + | 2.1190 days for good cause shown. Notice mailed by certified mail to the address shown in |
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| 60 | + | 2.12Department of Public Safety records is sufficient notice to the registered owner of the |
---|
| 61 | + | 2.13vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed |
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| 62 | + | 2.14by certified mail to the address shown in the applicable filing or registration for the vehicle |
---|
| 63 | + | 2.15is sufficient notice to a person known to have an ownership, possessory, or security interest |
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| 64 | + | 2.16in the vehicle. Otherwise, notice may be given in the manner provided by law for service |
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| 65 | + | 2.17of a summons in a civil action. |
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| 66 | + | 2.18 (c) The notice must be in writing and contain: |
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| 67 | + | 2.19 (1) a description of the vehicle seized; |
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| 68 | + | 2.20 (2) the date of seizure; and |
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| 69 | + | 2.21 (3) notice of the right to obtain judicial review of the forfeiture and of the procedure for |
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| 70 | + | 2.22obtaining that judicial review, printed in English. This requirement does not preclude the |
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| 71 | + | 2.23appropriate agency from printing the notice in other languages in addition to English. |
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| 72 | + | 2.24 Substantially the following language must appear conspicuously in the notice: |
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| 73 | + | 2.25 "WARNING: If you were the person arrested when the property was seized, you will |
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| 74 | + | 2.26automatically lose the above-described property and the right to be heard in court if you do |
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| 75 | + | 2.27not file a lawsuit and serve the prosecuting authority within 60 days. You may file your |
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| 76 | + | 2.28lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must |
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| 77 | + | 2.29file in district court. You do not have to pay a filing fee for your lawsuit. |
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| 78 | + | 2.30 WARNING: If you have an ownership interest in the above-described property and were |
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| 79 | + | 2.31not the person arrested when the property was seized, you will automatically lose the |
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| 80 | + | 2.32above-described property and the right to be heard in court if you do not notify the |
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| 81 | + | 2.33prosecuting authority of your interest in writing within 60 days." |
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| 82 | + | 2Article 1 Section 1. |
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| 83 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 3.1 (d) If notice is not sent in accordance with paragraph (b), and no time extension is granted |
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| 84 | + | 3.2or the extension period has expired, the appropriate agency shall return the vehicle to the |
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| 85 | + | 3.3owner. An agency's return of property due to lack of proper notice does not restrict the |
---|
| 86 | + | 3.4agency's authority to commence a forfeiture proceeding at a later time. |
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| 87 | + | 3.5 (e) Within 60 days following service of a notice of seizure and forfeiture under this |
---|
| 88 | + | 3.6subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The |
---|
| 89 | + | 3.7demand must be in the form of a civil complaint and must be filed with the court |
---|
| 90 | + | 3.8administrator in the county in which the seizure occurred, together with proof of service of |
---|
| 91 | + | 3.9a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture. |
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| 92 | + | 3.10The claimant may serve the complaint by certified mail or any means permitted by court |
---|
| 93 | + | 3.11rules. If the value of the seized property is $15,000 or less, the claimant may file an action |
---|
| 94 | + | 3.12in conciliation court for recovery of the seized vehicle. A copy of the conciliation court |
---|
| 95 | + | 3.13statement of claim must may be served personally or by mail as permitted by the Rules of |
---|
| 96 | + | 3.14Conciliation Court Procedure on the prosecuting authority having jurisdiction over the |
---|
| 97 | + | 3.15forfeiture within 60 days following service of the notice of seizure and forfeiture under this |
---|
| 98 | + | 3.16subdivision. The claimant does not have to pay the court filing fee. |
---|
| 99 | + | 3.17 No responsive pleading is required of the prosecuting authority and no court fees may |
---|
| 100 | + | 3.18be charged for the prosecuting authority's appearance in the matter. The prosecuting authority |
---|
| 101 | + | 3.19may appear for the appropriate agency. Pleadings, filings, and methods of service are |
---|
| 102 | + | 3.20governed by the Rules of Civil Procedure and, where applicable, by the Rules of Conciliation |
---|
| 103 | + | 3.21Court Procedure. |
---|
| 104 | + | 3.22 (f) The complaint must be captioned in the name of the claimant as plaintiff and the |
---|
| 105 | + | 3.23seized vehicle as defendant, and must state with specificity the grounds on which the claimant |
---|
| 106 | + | 3.24alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and |
---|
| 107 | + | 3.25any affirmative defenses the claimant may have. Notwithstanding any law to the contrary, |
---|
| 108 | + | 3.26an action for the return of a vehicle seized under this section may not be maintained by or |
---|
| 109 | + | 3.27on behalf of any person who has been served with a notice of seizure and forfeiture unless |
---|
| 110 | + | 3.28the person has complied with this subdivision. |
---|
| 111 | + | 3.29 (g) If the claimant makes a timely demand for a judicial determination under this |
---|
| 112 | + | 3.30subdivision, the forfeiture proceedings must be conducted as provided under subdivision |
---|
| 113 | + | 3.319. |
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| 114 | + | 3.32 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 115 | + | 3Article 1 Section 1. |
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| 116 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 4.1 Sec. 2. Minnesota Statutes 2022, section 259.11, is amended to read: |
---|
| 117 | + | 4.2 259.11 ORDER; FILING COPIES. |
---|
| 118 | + | 4.3 (a) Upon meeting the requirements of section 259.10, the court shall grant the application |
---|
| 119 | + | 4.4unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits |
---|
| 120 | + | 4.5granting the name change; or (3) in the case of the change of a minor child's name, the court |
---|
| 121 | + | 4.6finds that such name change is not in the best interests of the child. The court shall set forth |
---|
| 122 | + | 4.7in the order the name and age of the applicant's spouse and each child of the applicant, if |
---|
| 123 | + | 4.8any, and shall state a description of the lands, if any, in which the applicant and the spouse |
---|
| 124 | + | 4.9and children, if any, claim to have an interest. The court administrator shall file such order, |
---|
| 125 | + | 4.10and record the same in the judgment book. If lands be described therein, a certified copy of |
---|
| 126 | + | 4.11the order shall be filed for record, by the applicant, with the county recorder of each county |
---|
| 127 | + | 4.12wherein any of the same are situated. Before doing so the court administrator shall present |
---|
| 128 | + | 4.13the same to the county auditor who shall enter the change of name in the auditor's official |
---|
| 129 | + | 4.14records and note upon the instrument, over an official signature, the words "change of name |
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| 130 | + | 4.15recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until |
---|
| 131 | + | 4.16the applicant shall have paid to the county recorder and court administrator the fee required |
---|
| 132 | + | 4.17by law. No application shall be denied on the basis of the marital status of the applicant. |
---|
| 133 | + | 4.18 (b) When a person applies for a name change, the court shall determine whether the |
---|
| 134 | + | 4.19person has a criminal history in this or any other state. The court may conduct a search of |
---|
| 135 | + | 4.20national records through the Federal Bureau of Investigation by submitting a set of |
---|
| 136 | + | 4.21fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is |
---|
| 137 | + | 4.22determined that the person has a criminal history in this or any other state, the court shall, |
---|
| 138 | + | 4.23within ten days after the name change application is granted, report the name change to the |
---|
| 139 | + | 4.24Bureau of Criminal Apprehension. The person whose name is changed shall also report the |
---|
| 140 | + | 4.25change to the Bureau of Criminal Apprehension within ten days. The court granting the |
---|
| 141 | + | 4.26name change application must explain this reporting duty in its order. Any person required |
---|
| 142 | + | 4.27to report the person's name change to the Bureau of Criminal Apprehension who fails to |
---|
| 143 | + | 4.28report the name change as required under this paragraph is guilty of a gross misdemeanor. |
---|
| 144 | + | 4.29 (c) Paragraph (b) does not apply to either: |
---|
| 145 | + | 4.30 (1) a request for a name change as part of an application for a marriage license under |
---|
| 146 | + | 4.31section 517.08; or |
---|
| 147 | + | 4.32 (2) a request for a name change in conjunction with a marriage dissolution under section |
---|
| 148 | + | 4.33518.27; or |
---|
| 149 | + | 4.34 (3) a request for a name change filed under section 259.14. |
---|
| 150 | + | 4Article 1 Sec. 2. |
---|
| 151 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 5.1 Sec. 3. Minnesota Statutes 2022, section 259.13, subdivision 1, is amended to read: |
---|
| 152 | + | 5.2 Subdivision 1.Procedure for seeking name change.(a) A person with a felony |
---|
| 153 | + | 5.3conviction under Minnesota law or the law of another state or federal jurisdiction shall serve |
---|
| 154 | + | 5.4a notice of application for a name change on the prosecuting authority that obtained the |
---|
| 155 | + | 5.5conviction against the person when seeking a name change through one of the following |
---|
| 156 | + | 5.6procedures: |
---|
| 157 | + | 5.7 (1) an application for a name change under section 259.10; or |
---|
| 158 | + | 5.8 (2) a request for a name change as part of an application for a marriage license under |
---|
| 159 | + | 5.9section 517.08; or |
---|
| 160 | + | 5.10 (3) (2) a request for a name change in conjunction with a marriage dissolution under |
---|
| 161 | + | 5.11section 518.27. |
---|
| 162 | + | 5.12If the conviction is from another state or federal jurisdiction, notice of application must also |
---|
| 163 | + | 5.13be served on the attorney general. |
---|
| 164 | + | 5.14 (b) A person who seeks a name change under section 259.10 or 518.27 shall file proof |
---|
| 165 | + | 5.15of service with the court as part of the name change request. A person who seeks a name |
---|
| 166 | + | 5.16change under section 517.08 shall file proof of service with the county as part of the |
---|
| 167 | + | 5.17application for a marriage license. |
---|
| 168 | + | 5.18 (c) The name change request may not be granted during the 30-day period provided for |
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| 169 | + | 5.19in subdivision 2 or, if an objection is filed under subdivision 2, until satisfaction of the |
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| 170 | + | 5.20requirements in subdivision 3 or 4. Nothing in this section shall delay the granting of a |
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| 171 | + | 5.21marriage license under section 517.08, which may be granted without the name change. |
---|
| 172 | + | 5.22 Sec. 4. Minnesota Statutes 2022, section 259.13, subdivision 5, is amended to read: |
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| 173 | + | 5.23 Subd. 5.Costs.(a) Except as provided in paragraph (b), a person seeking a name change |
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| 174 | + | 5.24under this section may proceed in forma pauperis only when the failure to allow the name |
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| 175 | + | 5.25change would infringe upon a constitutional right. |
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| 176 | + | 5.26 (b) A court shall not require a person with a felony conviction to pay filing fees for a |
---|
| 177 | + | 5.27name change application provided that the person files the action within 180 days after the |
---|
| 178 | + | 5.28marriage and submits to the court a certified copy of the marriage certificate. |
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| 179 | + | 5.29 Sec. 5. [259.14] POSTDISSOLUTION NAME CHANGE. |
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| 180 | + | 5.30 (a) A person who has resided in this state for at least six months and obtained the person's |
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| 181 | + | 5.31most recent final marriage dissolution from a district court in this state may apply to the |
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| 182 | + | 5Article 1 Sec. 5. |
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| 183 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 6.1district court in the county where the person resides to change the person's name to the legal |
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| 184 | + | 6.2name on the person's birth certificate. A person applying for a name change must submit a |
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| 185 | + | 6.3certified copy of the certificate of dissolution issued pursuant to section 518.148 and a |
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| 186 | + | 6.4certified copy of the person's birth certificate. |
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| 187 | + | 6.5 (b) A court shall not require a person applying for a name change to pay filing fees for |
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| 188 | + | 6.6an application submitted pursuant to this section. Notwithstanding section 259.10, a court |
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| 189 | + | 6.7shall not require the person applying for a name change to provide proof of the person's |
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| 190 | + | 6.8identity by two witnesses unless the proof of identity is necessary to determine whether the |
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| 191 | + | 6.9person has an intent to defraud or mislead the court. |
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| 192 | + | 6.10 (c) Upon meeting the requirements of this section, the court shall grant the application |
---|
| 193 | + | 6.11for a name change unless the court finds that: (1) the person has an intent to defraud or |
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| 194 | + | 6.12mislead the court; or (2) section 259.13 prohibits granting the name change. The court shall |
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| 195 | + | 6.13notify the person applying for a name change that using a different surname without |
---|
| 196 | + | 6.14complying with section 259.13, if applicable, is a gross misdemeanor. |
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| 197 | + | 6.15 Sec. 6. Minnesota Statutes 2022, section 325F.992, subdivision 3, is amended to read: |
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| 198 | + | 6.16 Subd. 3.Penalties; remedies.In addition to any other remedies available under the law, |
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| 199 | + | 6.17the military beneficiary injured by a violation of this section may bring a cause of action to |
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| 200 | + | 6.18recover damages, reasonable attorney fees and costs, or and equitable relief related to a |
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| 201 | + | 6.19violation of subdivision 2. The attorney general may enforce this section pursuant to |
---|
| 202 | + | 6.20applicable law. |
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| 203 | + | 6.21 Sec. 7. Minnesota Statutes 2022, section 336.9-601, is amended to read: |
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| 204 | + | 6.22 336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; |
---|
| 205 | + | 6.23CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT |
---|
| 206 | + | 6.24INTANGIBLES, OR PROMISSORY NOTES. |
---|
| 207 | + | 6.25 (a) Rights of secured party after default. After default, a secured party has the rights |
---|
| 208 | + | 6.26provided in this part and, except as otherwise provided in section 336.9-602, those provided |
---|
| 209 | + | 6.27by agreement of the parties. A secured party: |
---|
| 210 | + | 6.28 (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security |
---|
| 211 | + | 6.29interest, or agricultural lien by any available judicial procedure; and |
---|
| 212 | + | 6.30 (2) if the collateral is documents, may proceed either as to the documents or as to the |
---|
| 213 | + | 6.31goods they cover. |
---|
| 214 | + | 6Article 1 Sec. 7. |
---|
| 215 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 7.1 (b) Rights and duties of secured party in possession or control. A secured party in |
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| 216 | + | 7.2possession of collateral or control of collateral under section 336.7-106, 336.9-104, |
---|
| 217 | + | 7.3336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207. |
---|
| 218 | + | 7.4 (c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and |
---|
| 219 | + | 7.5(b) are cumulative and may be exercised simultaneously. |
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| 220 | + | 7.6 (d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and |
---|
| 221 | + | 7.7section 336.9-605, after default, a debtor and an obligor have the rights provided in this part |
---|
| 222 | + | 7.8and by agreement of the parties. |
---|
| 223 | + | 7.9 (e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, |
---|
| 224 | + | 7.10the lien of any levy that may be made upon the collateral by virtue of an execution based |
---|
| 225 | + | 7.11upon the judgment relates back to the earliest of: |
---|
| 226 | + | 7.12 (1) the date of perfection of the security interest or agricultural lien in the collateral; |
---|
| 227 | + | 7.13 (2) the date of filing a financing statement covering the collateral; or |
---|
| 228 | + | 7.14 (3) any date specified in a statute under which the agricultural lien was created. |
---|
| 229 | + | 7.15 (f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest |
---|
| 230 | + | 7.16or agricultural lien by judicial procedure within the meaning of this section. A secured party |
---|
| 231 | + | 7.17may purchase at the sale and thereafter hold the collateral free of any other requirements |
---|
| 232 | + | 7.18of this article. |
---|
| 233 | + | 7.19 (g) Consignor or buyer of certain rights to payment. Except as otherwise provided |
---|
| 234 | + | 7.20in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor |
---|
| 235 | + | 7.21or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes. |
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| 236 | + | 7.22 (h) Security interest in collateral that is agricultural property; enforcement. A |
---|
| 237 | + | 7.23person may not begin to enforce a security interest in collateral that is agricultural property |
---|
| 238 | + | 7.24subject to sections 583.20 to 583.32 that has secured a debt of more than the amount provided |
---|
| 239 | + | 7.25in section 583.24, subdivision 5, unless: a mediation notice under subsection (i) is served |
---|
| 240 | + | 7.26on the debtor after a condition of default has occurred in the security agreement and a copy |
---|
| 241 | + | 7.27served on the director of the agricultural Minnesota extension service; and the debtor and |
---|
| 242 | + | 7.28creditor have completed mediation under sections 583.20 to 583.32; or as otherwise allowed |
---|
| 243 | + | 7.29under sections 583.20 to 583.32. |
---|
| 244 | + | 7.30 (i) Mediation notice. A mediation notice under subsection (h) must contain the following |
---|
| 245 | + | 7.31notice with the blanks properly filled in. |
---|
| 246 | + | 7.32 "TO: ...(Name of Debtor)... |
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| 247 | + | 7Article 1 Sec. 7. |
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| 248 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 8.1 YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY |
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| 249 | + | 8.2AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural |
---|
| 250 | + | 8.3Property Collateral). THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of |
---|
| 251 | + | 8.4Debt)... |
---|
| 252 | + | 8.5 AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE |
---|
| 253 | + | 8.6THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY |
---|
| 254 | + | 8.7DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A |
---|
| 255 | + | 8.8COURT JUDGMENT AGAINST THE PROPERTY. |
---|
| 256 | + | 8.9 YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. |
---|
| 257 | + | 8.10IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE |
---|
| 258 | + | 8.11MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT |
---|
| 259 | + | 8.12WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY |
---|
| 260 | + | 8.13ENFORCES THE DEBT. |
---|
| 261 | + | 8.14 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE |
---|
| 262 | + | 8.15AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN |
---|
| 263 | + | 8.16ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU TO |
---|
| 264 | + | 8.17PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN |
---|
| 265 | + | 8.18MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM |
---|
| 266 | + | 8.19FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION |
---|
| 267 | + | 8.20OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT |
---|
| 268 | + | 8.21AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS. |
---|
| 269 | + | 8.22 TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A |
---|
| 270 | + | 8.23MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU |
---|
| 271 | + | 8.24RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT |
---|
| 272 | + | 8.25ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE |
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| 273 | + | 8.26DIRECTOR OF THE MINNESOTA EXTENSION SERVICE. |
---|
| 274 | + | 8.27 FROM: ...(Name and Address of Secured Party)..." |
---|
| 275 | + | 8.28 Sec. 8. Minnesota Statutes 2022, section 504B.301, is amended to read: |
---|
| 276 | + | 8.29 504B.301 EVICTION ACTION FOR UNLAWFUL DETENTION. |
---|
| 277 | + | 8.30 A person may be evicted if the person has unlawfully or forcibly occupied or taken |
---|
| 278 | + | 8.31possession of real property or unlawfully detains or retains possession of real property. |
---|
| 279 | + | 8.32 A seizure under section 609.5317, subdivision 1, for which there is not a defense under |
---|
| 280 | + | 8.33section 609.5317, subdivision 3, constitutes unlawful detention by the tenant. |
---|
| 281 | + | 8Article 1 Sec. 8. |
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| 282 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 9.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 283 | + | 9.2 Sec. 9. Minnesota Statutes 2022, section 508.52, is amended to read: |
---|
| 284 | + | 9.3 508.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW |
---|
| 285 | + | 9.4CERTIFICATE. |
---|
| 286 | + | 9.5 An owner of registered land who desires to convey the land, or a portion thereof, in fee, |
---|
| 287 | + | 9.6shall execute a deed of conveyance, and record the deed with the registrar. The deed of |
---|
| 288 | + | 9.7conveyance shall be recorded and endorsed with the number and place of registration of |
---|
| 289 | + | 9.8the certificate of title. Before canceling the outstanding certificate of title the registrar shall |
---|
| 290 | + | 9.9show by memorial thereon the registration of the deed on the basis of which it is canceled. |
---|
| 291 | + | 9.10The encumbrances, claims, or interests adverse to the title of the registered owner shall be |
---|
| 292 | + | 9.11stated upon the new certificate, except so far as they may be simultaneously released or |
---|
| 293 | + | 9.12discharged. The registrar shall not carry forward as a memorial on the new certificate of |
---|
| 294 | + | 9.13title any memorials of a transfer on death deed if the grantors of the transfer on death deed |
---|
| 295 | + | 9.14retain no fee interest in the land covered by the new certificate. The certificate of title shall |
---|
| 296 | + | 9.15be marked "Canceled" by the registrar, who shall enter in the register a new certificate of |
---|
| 297 | + | 9.16title to the grantee and prepare and deliver to the grantee a copy of the new certificate of |
---|
| 298 | + | 9.17title. The registrar, upon request, shall deliver to the grantee a copy of the new certificate |
---|
| 299 | + | 9.18of title. If a deed in fee is for a portion of the land described in a certificate of title, the |
---|
| 300 | + | 9.19memorial of the deed entered by the registrar shall include the legal description contained |
---|
| 301 | + | 9.20in the deed and the registrar shall enter a new certificate of title to the grantee for the portion |
---|
| 302 | + | 9.21of the land conveyed and, except as otherwise provided in this section, issue a residue |
---|
| 303 | + | 9.22certificate of title to the grantor for the portion of the land not conveyed. The registrar shall |
---|
| 304 | + | 9.23prepare and, upon request, deliver to each of the parties a copy of their respective certificates |
---|
| 305 | + | 9.24of title. In lieu of canceling the grantor's certificate of title and issuing a residue certificate |
---|
| 306 | + | 9.25to the grantor for the portion of the land not conveyed, the registrar may if the grantor's |
---|
| 307 | + | 9.26deed does not divide a parcel of unplatted land, and in the absence of a request to the contrary |
---|
| 308 | + | 9.27by the registered owner, mark by the land description on the certificate of title "Part of land |
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| 309 | + | 9.28conveyed, see memorials." The fee for a residue certificate of title shall be paid to the |
---|
| 310 | + | 9.29registrar only when the grantor's certificate of title is canceled after the conveyance by the |
---|
| 311 | + | 9.30grantor of a portion of the land described in the grantor's certificate of title. When two or |
---|
| 312 | + | 9.31more successive conveyances of the same property are filed for registration on the same |
---|
| 313 | + | 9.32day the registrar may enter a certificate in favor of the grantee or grantees in the last of the |
---|
| 314 | + | 9.33successive conveyances, and the memorial of the previous deed or deeds entered on the |
---|
| 315 | + | 9.34prior certificate of title shall have the same force and effect as though the prior certificate |
---|
| 316 | + | 9.35of title had been entered in favor of the grantee or grantees in the earlier deed or deeds in |
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| 317 | + | 9Article 1 Sec. 9. |
---|
| 318 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 10.1the successive conveyances. The fees for the registration of the earlier deed or deeds shall |
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| 319 | + | 10.2be the same as the fees prescribed for the entry of memorials. The registrar of titles, with |
---|
| 320 | + | 10.3the consent of the transferee, may mark "See memorials for new owner(s)" by the names |
---|
| 321 | + | 10.4of the registered owners on the certificate of title and also add to the memorial of the |
---|
| 322 | + | 10.5transferring conveyance a statement that the memorial shall serve in lieu of a new certificate |
---|
| 323 | + | 10.6of title in favor of the grantee or grantees therein noted and may refrain from canceling the |
---|
| 324 | + | 10.7certificate of title until the time it is canceled by a subsequent transfer, and the memorial |
---|
| 325 | + | 10.8showing such transfer of title shall have the same effect as the entry of a new certificate of |
---|
| 326 | + | 10.9title for the land described in the certificate of title; the fee for the registration of a conveyance |
---|
| 327 | + | 10.10without cancellation of the certificate of title shall be the same as the fee prescribed for the |
---|
| 328 | + | 10.11entry of a memorial. |
---|
| 329 | + | 10.12Sec. 10. Minnesota Statutes 2022, section 517.08, subdivision 1a, is amended to read: |
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| 330 | + | 10.13 Subd. 1a.Form.Application for a civil marriage license shall be made by both of the |
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| 331 | + | 10.14parties upon a form provided for the purpose and shall contain the following information: |
---|
| 332 | + | 10.15 (1) the full names of the parties and the sex of each party; |
---|
| 333 | + | 10.16 (2) their post office addresses and county and state of residence; |
---|
| 334 | + | 10.17 (3) their full ages; |
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| 335 | + | 10.18 (4) if either party has previously been married, the party's married name, and the date, |
---|
| 336 | + | 10.19place and court in which the civil marriage was dissolved or annulled or the date and place |
---|
| 337 | + | 10.20of death of the former spouse; |
---|
| 338 | + | 10.21 (5) whether the parties are related to each other, and, if so, their relationship; |
---|
| 339 | + | 10.22 (6) the address of the parties after the civil marriage is entered into to which the local |
---|
| 340 | + | 10.23registrar shall send a certified copy of the civil marriage certificate; |
---|
| 341 | + | 10.24 (7) the full names the parties will have after the civil marriage is entered into and the |
---|
| 342 | + | 10.25parties' Social Security numbers. The Social Security numbers must be collected for the |
---|
| 343 | + | 10.26application but must not appear on the civil marriage license. If a party listed on a civil |
---|
| 344 | + | 10.27marriage application does not have a Social Security number, the party must certify on the |
---|
| 345 | + | 10.28application, or a supplement to the application, that the party does not have a Social Security |
---|
| 346 | + | 10.29number; |
---|
| 347 | + | 10.30 (8) if one or both of the parties party to the civil marriage license has a felony conviction |
---|
| 348 | + | 10.31under Minnesota law or the law of another state or federal jurisdiction, the parties shall |
---|
| 349 | + | 10.32provide to the county proof of service upon the prosecuting authority and, if applicable, the |
---|
| 350 | + | 10Article 1 Sec. 10. |
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| 351 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 11.1attorney general, as required by party may not change the party's name through the marriage |
---|
| 352 | + | 11.2application process and must follow the process in section 259.13 to change the party's |
---|
| 353 | + | 11.3name; and |
---|
| 354 | + | 11.4 (9) notice that a party who has a felony conviction under Minnesota law or the law of |
---|
| 355 | + | 11.5another state or federal jurisdiction may not use a different name after a civil marriage |
---|
| 356 | + | 11.6except as authorized by section 259.13, and that doing so is a gross misdemeanor. |
---|
| 357 | + | 11.7 Sec. 11. Minnesota Statutes 2022, section 517.08, subdivision 1b, is amended to read: |
---|
| 358 | + | 11.8 Subd. 1b.Term of license; fee; premarital education.(a) The local registrar shall |
---|
| 359 | + | 11.9examine upon oath the parties applying for a license relative to the legality of the |
---|
| 360 | + | 11.10contemplated civil marriage. Both parties must present proof of age to the local registrar. |
---|
| 361 | + | 11.11If one party is unable to appear in person, the party appearing may complete the absent |
---|
| 362 | + | 11.12applicant's information. The local registrar shall provide a copy of the civil marriage |
---|
| 363 | + | 11.13application to the party who is unable to appear, who must verify the accuracy of the |
---|
| 364 | + | 11.14appearing party's information in a notarized statement. The verification statement must be |
---|
| 365 | + | 11.15accompanied by a copy of proof of age of the party. The civil marriage license must not be |
---|
| 366 | + | 11.16released until the verification statement and proof of age has been received by the local |
---|
| 367 | + | 11.17registrar. If the local registrar is satisfied that there is no legal impediment to it, including |
---|
| 368 | + | 11.18the restriction contained in section 259.13, the local registrar shall issue the license, |
---|
| 369 | + | 11.19containing the full names of the parties before and after the civil marriage, and county and |
---|
| 370 | + | 11.20state of residence, with the county seal attached, and make a record of the date of issuance. |
---|
| 371 | + | 11.21The license shall be valid for a period of six months. Except as provided in paragraph (b), |
---|
| 372 | + | 11.22the local registrar shall collect from the applicant a fee of $115 for administering the oath, |
---|
| 373 | + | 11.23issuing, recording, and filing all papers required, and preparing and transmitting to the state |
---|
| 374 | + | 11.24registrar of vital records the reports of civil marriage required by this section. If the license |
---|
| 375 | + | 11.25should not be used within the period of six months due to illness or other extenuating |
---|
| 376 | + | 11.26circumstances, it may be surrendered to the local registrar for cancellation, and in that case |
---|
| 377 | + | 11.27a new license shall issue upon request of the parties of the original license without fee. A |
---|
| 378 | + | 11.28local registrar who knowingly issues or signs a civil marriage license in any manner other |
---|
| 379 | + | 11.29than as provided in this section shall pay to the parties aggrieved an amount not to exceed |
---|
| 380 | + | 11.30$1,000. |
---|
| 381 | + | 11.31 (b) The civil marriage license fee for parties who have completed at least 12 hours of |
---|
| 382 | + | 11.32premarital education is $40. In order to qualify for the reduced license fee, the parties must |
---|
| 383 | + | 11.33submit at the time of applying for the civil marriage license a statement that is signed, dated, |
---|
| 384 | + | 11.34and notarized or marked with a church seal from the person who provided the premarital |
---|
| 385 | + | 11Article 1 Sec. 11. |
---|
| 386 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 12.1education on their letterhead confirming that it was received. The premarital education must |
---|
| 387 | + | 12.2be provided by a licensed or ordained minister or the minister's designee, a person authorized |
---|
| 388 | + | 12.3to solemnize civil marriages under section 517.18, or a person authorized to practice marriage |
---|
| 389 | + | 12.4and family therapy under section 148B.33. The education must include the use of a premarital |
---|
| 390 | + | 12.5inventory and the teaching of communication and conflict management skills. |
---|
| 391 | + | 12.6 (c) The statement from the person who provided the premarital education under paragraph |
---|
| 392 | + | 12.7(b) must be in the following form: |
---|
| 393 | + | 12.8 "I, .......................... (name of educator), confirm that .......................... (names of both |
---|
| 394 | + | 12.9parties) received at least 12 hours of premarital education that included the use of a premarital |
---|
| 395 | + | 12.10inventory and the teaching of communication and conflict management skills. I am a licensed |
---|
| 396 | + | 12.11or ordained minister, a person authorized to solemnize civil marriages under Minnesota |
---|
| 397 | + | 12.12Statutes, section 517.18, or a person licensed to practice marriage and family therapy under |
---|
| 398 | + | 12.13Minnesota Statutes, section 148B.33." |
---|
| 399 | + | 12.14 The names of the parties in the educator's statement must be identical to the legal names |
---|
| 400 | + | 12.15of the parties as they appear in the civil marriage license application. Notwithstanding |
---|
| 401 | + | 12.16section 138.17, the educator's statement must be retained for seven years, after which time |
---|
| 402 | + | 12.17it may be destroyed. |
---|
| 403 | + | 12.18 (d) If section 259.13 applies to the request for a civil marriage license, the local registrar |
---|
| 404 | + | 12.19shall grant the civil marriage license without the requested name change. Alternatively, the |
---|
| 405 | + | 12.20local registrar may delay the granting of the civil marriage license until the party with the |
---|
| 406 | + | 12.21conviction: |
---|
| 407 | + | 12.22 (1) certifies under oath that 30 days have passed since service of the notice for a name |
---|
| 408 | + | 12.23change upon the prosecuting authority and, if applicable, the attorney general and no |
---|
| 409 | + | 12.24objection has been filed under section 259.13; or |
---|
| 410 | + | 12.25 (2) provides a certified copy of the court order granting it. The parties seeking the civil |
---|
| 411 | + | 12.26marriage license shall have the right to choose to have the license granted without the name |
---|
| 412 | + | 12.27change or to delay its granting pending further action on the name change request. |
---|
| 413 | + | 12.28Sec. 12. Minnesota Statutes 2022, section 518.191, subdivision 1, is amended to read: |
---|
| 414 | + | 12.29 Subdivision 1.Abbreviated judgment and decree.If real estate is described in a |
---|
| 415 | + | 12.30judgment and decree of dissolution, the court may shall direct either of the parties or their |
---|
| 416 | + | 12.31legal counsel to prepare and submit to the court a proposed summary real estate disposition |
---|
| 417 | + | 12.32judgment. Upon approval by the court and filing of the summary real estate disposition |
---|
| 418 | + | 12Article 1 Sec. 12. |
---|
| 419 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 13.1judgment with the court administrator, the court administrator shall provide to any party |
---|
| 420 | + | 13.2upon request certified copies of the summary real estate disposition judgment. |
---|
| 421 | + | 13.3 Sec. 13. Minnesota Statutes 2022, section 518.191, subdivision 3, is amended to read: |
---|
| 422 | + | 13.4 Subd. 3.Court order.An order or provision in a judgment and decree that provides |
---|
| 423 | + | 13.5that the judgment and decree must be recorded in the office of the county recorder or filed |
---|
| 424 | + | 13.6in the office of the registrar of titles means, if a summary real estate disposition judgment |
---|
| 425 | + | 13.7has been approved by the court, that the summary real estate disposition judgment, rather |
---|
| 426 | + | 13.8than the judgment and decree, must be recorded in the office of the county recorder or filed |
---|
| 427 | + | 13.9in the office of the registrar of titles. The recorder or registrar of titles is not responsible for |
---|
| 428 | + | 13.10determining if a summary real estate disposition judgment has been approved by the court. |
---|
| 429 | + | 13.11Sec. 14. Minnesota Statutes 2022, section 550.365, subdivision 2, is amended to read: |
---|
| 430 | + | 13.12 Subd. 2.Contents.A mediation notice must contain the following notice with the blanks |
---|
| 431 | + | 13.13properly filled in. |
---|
| 432 | + | 13.14 "TO: ....(Name of Judgment Debtor).... |
---|
| 433 | + | 13.15 A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON |
---|
| 434 | + | 13.16....(Date of Judgment). |
---|
| 435 | + | 13.17 AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO |
---|
| 436 | + | 13.18TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED |
---|
| 437 | + | 13.19AS....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE |
---|
| 438 | + | 13.20AMOUNT OF ....(Amount of Debt).... |
---|
| 439 | + | 13.21 YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. |
---|
| 440 | + | 13.22IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE |
---|
| 441 | + | 13.23MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT |
---|
| 442 | + | 13.24WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY |
---|
| 443 | + | 13.25ENFORCES THE DEBT. |
---|
| 444 | + | 13.26 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE |
---|
| 445 | + | 13.27AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN |
---|
| 446 | + | 13.28ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE |
---|
| 447 | + | 13.29FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, |
---|
| 448 | + | 13.30IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND |
---|
| 449 | + | 13.31OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS |
---|
| 450 | + | 13Article 1 Sec. 14. |
---|
| 451 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 14.1SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN |
---|
| 452 | + | 14.2AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS. |
---|
| 453 | + | 14.3 TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A |
---|
| 454 | + | 14.4MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU |
---|
| 455 | + | 14.5RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT |
---|
| 456 | + | 14.6ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE |
---|
| 457 | + | 14.7DIRECTOR OF THE MINNESOTA EXTENSION SERVICE. |
---|
| 458 | + | 14.8 FROM: ....(Name and Address of Judgment Creditor)...." |
---|
| 459 | + | 14.9 Sec. 15. Minnesota Statutes 2022, section 559.209, subdivision 2, is amended to read: |
---|
| 460 | + | 14.10 Subd. 2.Contents.A mediation notice must contain the following notice with the blanks |
---|
| 461 | + | 14.11properly filled in. |
---|
| 462 | + | 14.12 "TO: ....(Name of Contract for Deed Purchaser).... |
---|
| 463 | + | 14.13 YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE |
---|
| 464 | + | 14.14AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of |
---|
| 465 | + | 14.15Property, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT IS |
---|
| 466 | + | 14.16....(Amount of Debt).... |
---|
| 467 | + | 14.17 AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor).... |
---|
| 468 | + | 14.18INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY. |
---|
| 469 | + | 14.19 YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT |
---|
| 470 | + | 14.20REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS |
---|
| 471 | + | 14.21IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST |
---|
| 472 | + | 14.22MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF |
---|
| 473 | + | 14.23THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE |
---|
| 474 | + | 14.24DEBT. |
---|
| 475 | + | 14.25 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE |
---|
| 476 | + | 14.26AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN |
---|
| 477 | + | 14.27ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE |
---|
| 478 | + | 14.28FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, |
---|
| 479 | + | 14.29IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND |
---|
| 480 | + | 14.30OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS |
---|
| 481 | + | 14.31SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN |
---|
| 482 | + | 14.32AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS. |
---|
| 483 | + | 14Article 1 Sec. 15. |
---|
| 484 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 15.1 TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION |
---|
| 485 | + | 15.2YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 |
---|
| 486 | + | 15.3DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM |
---|
| 487 | + | 15.4IS AVAILABLE AT ANY COUNTY EXTENSION OFFICE FROM THE DIRECTOR |
---|
| 488 | + | 15.5OF THE MINNESOTA EXTENSION SERVICE. |
---|
| 489 | + | 15.6 FROM: ....(Name and Address of Contract for Deed Vendor)...." |
---|
| 490 | + | 15.7 Sec. 16. Minnesota Statutes 2022, section 573.01, is amended to read: |
---|
| 491 | + | 15.8 573.01 SURVIVAL OF CAUSES. |
---|
| 492 | + | 15.9 A cause of action arising out of an injury to the person dies with the person of the party |
---|
| 493 | + | 15.10in whose favor it exists, except as provided in survives the death of any party in accordance |
---|
| 494 | + | 15.11with section 573.02. All other causes of action by one against another, whether arising on |
---|
| 495 | + | 15.12contract or not, survive to the personal representatives of the former and against those of |
---|
| 496 | + | 15.13the latter. |
---|
| 497 | + | 15.14 EFFECTIVE DATE.This section is effective the day following final enactment and |
---|
| 498 | + | 15.15applies to causes of action pending on or commenced on or after that date. |
---|
| 499 | + | 15.16Sec. 17. Minnesota Statutes 2022, section 573.02, subdivision 1, is amended to read: |
---|
| 500 | + | 15.17 Subdivision 1.Death action.When death is caused by the wrongful act or omission of |
---|
| 501 | + | 15.18any person or corporation, the trustee appointed as provided in subdivision 3 may maintain |
---|
| 502 | + | 15.19an action therefor if the decedent might have maintained an action, had the decedent lived, |
---|
| 503 | + | 15.20for an injury caused by the wrongful act or omission. An action to recover damages for a |
---|
| 504 | + | 15.21death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital |
---|
| 505 | + | 15.22or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall |
---|
| 506 | + | 15.23be commenced within three years of the date of death, but in no event shall be commenced |
---|
| 507 | + | 15.24beyond the time set forth in section 541.076. An action to recover damages for a death |
---|
| 508 | + | 15.25caused by an intentional act constituting murder may be commenced at any time after the |
---|
| 509 | + | 15.26death of the decedent. Any other action under this section may be commenced within three |
---|
| 510 | + | 15.27years after the date of death provided that the action must be commenced within six years |
---|
| 511 | + | 15.28after the act or omission. The recovery in the action is the amount the jury deems fair and |
---|
| 512 | + | 15.29just in reference to for all damages suffered by the decedent resulting from the injury prior |
---|
| 513 | + | 15.30to the decedent's death and the pecuniary loss resulting from the death, and shall be for the |
---|
| 514 | + | 15.31exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary |
---|
| 515 | + | 15.32loss severally suffered by the death. The court then determines the proportionate pecuniary |
---|
| 516 | + | 15.33loss of the persons entitled to the recovery and orders distribution accordingly. Funeral |
---|
| 517 | + | 15Article 1 Sec. 17. |
---|
| 518 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 16.1expenses and any demand for the support of the decedent allowed by the court having |
---|
| 519 | + | 16.2jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as |
---|
| 520 | + | 16.3provided in section 549.20. |
---|
| 521 | + | 16.4 If an action for the injury was commenced by the decedent and not finally determined |
---|
| 522 | + | 16.5while living, it may be continued by the trustee for recovery of all damages for the exclusive |
---|
| 523 | + | 16.6benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally |
---|
| 524 | + | 16.7suffered by the death. The court on motion shall make an order allowing the continuance |
---|
| 525 | + | 16.8and directing pleadings to be made and issues framed as in actions begun under this section. |
---|
| 526 | + | 16.9 EFFECTIVE DATE.This section is effective the day following final enactment and |
---|
| 527 | + | 16.10applies to causes of action pending on or commenced on or after that date. |
---|
| 528 | + | 16.11Sec. 18. Minnesota Statutes 2022, section 573.02, subdivision 2, is amended to read: |
---|
| 529 | + | 16.12 Subd. 2.Injury action.When injury is caused to a person by the wrongful act or omission |
---|
| 530 | + | 16.13of any person or corporation and the person thereafter dies from a cause unrelated to those |
---|
| 531 | + | 16.14injuries, the trustee appointed in subdivision 3 may maintain an action for special damages |
---|
| 532 | + | 16.15all damages arising out of such injury if the decedent might have maintained an action |
---|
| 533 | + | 16.16therefor had the decedent lived. An action under this subdivision may be commenced within |
---|
| 534 | + | 16.17three years after the date of death provided that the action must be commenced within six |
---|
| 535 | + | 16.18years after the act or omission. |
---|
| 536 | + | 16.19 EFFECTIVE DATE.This section is effective the day following final enactment and |
---|
| 537 | + | 16.20applies to causes of action pending on or commenced on or after that date. |
---|
| 538 | + | 16.21Sec. 19. Minnesota Statutes 2022, section 582.039, subdivision 2, is amended to read: |
---|
| 539 | + | 16.22 Subd. 2.Contents.A mediation notice must contain the following notice with the blanks |
---|
| 540 | + | 16.23properly filled in. |
---|
| 541 | + | 16.24 "TO: ....(Name of Record Owner).... |
---|
| 542 | + | 16.25 YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL |
---|
| 543 | + | 16.26PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal Description). |
---|
| 544 | + | 16.27THE AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount |
---|
| 545 | + | 16.28of Debt).... |
---|
| 546 | + | 16.29 AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... INTENDS |
---|
| 547 | + | 16.30TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE. |
---|
| 548 | + | 16Article 1 Sec. 19. |
---|
| 549 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 17.1 YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR |
---|
| 550 | + | 17.2MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL |
---|
| 551 | + | 17.3BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT |
---|
| 552 | + | 17.4WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY |
---|
| 553 | + | 17.5ENFORCES THE DEBT. |
---|
| 554 | + | 17.6 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE |
---|
| 555 | + | 17.7AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN |
---|
| 556 | + | 17.8ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE |
---|
| 557 | + | 17.9FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, |
---|
| 558 | + | 17.10IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND |
---|
| 559 | + | 17.11OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS |
---|
| 560 | + | 17.12SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN |
---|
| 561 | + | 17.13AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS. |
---|
| 562 | + | 17.14 TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST |
---|
| 563 | + | 17.15FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER |
---|
| 564 | + | 17.16YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE |
---|
| 565 | + | 17.17AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE |
---|
| 566 | + | 17.18DIRECTOR OF THE MINNESOTA EXTENSION SERVICE. |
---|
| 567 | + | 17.19 FROM: ....(Name and Address of Holder of Mortgage)...." |
---|
| 568 | + | 17.20Sec. 20. Minnesota Statutes 2022, section 583.25, is amended to read: |
---|
| 569 | + | 17.21 583.25 VOLUNTARY MEDIATION PROCEEDINGS. |
---|
| 570 | + | 17.22 A debtor that owns agricultural property or a creditor of the debtor may request mediation |
---|
| 571 | + | 17.23of the indebtedness by a farm mediator by applying to the director. The director shall make |
---|
| 572 | + | 17.24provide voluntary mediation application forms available at the county recorder's and county |
---|
| 573 | + | 17.25extension office in each county when requested. The director must evaluate each request |
---|
| 574 | + | 17.26and may direct a mediator to meet with the debtor and creditor to assist in mediation. |
---|
| 575 | + | 17.27Sec. 21. Minnesota Statutes 2022, section 583.26, subdivision 2, is amended to read: |
---|
| 576 | + | 17.28 Subd. 2.Mediation request.(a) A debtor must file a mediation request form with the |
---|
| 577 | + | 17.29director by 14 days after receiving a mediation notice. The debtor must state all known |
---|
| 578 | + | 17.30creditors with debts secured for agricultural property and must authorize the director to |
---|
| 579 | + | 17.31obtain the debtor's credit report from one or more credit reporting agencies. The mediation |
---|
| 580 | + | 17.32request form must include an instruction that the debtor must state all known creditors with |
---|
| 581 | + | 17Article 1 Sec. 21. |
---|
| 582 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 18.1debts secured by agricultural property and unsecured creditors that are necessary for the |
---|
| 583 | + | 18.2farm operation of the debtor. It is the debtor's discretion as to which unsecured creditors |
---|
| 584 | + | 18.3are necessary for the farm operation but the mediation request form must notify the debtor |
---|
| 585 | + | 18.4that omission of a significant unsecured creditor could result in a bad-faith determination |
---|
| 586 | + | 18.5pursuant to section 583.27, subdivisions 1, paragraph (a), clause (2), and 2. The mediation |
---|
| 587 | + | 18.6request must state the date that the notice was served on the debtor. The director shall make |
---|
| 588 | + | 18.7provide mediation request forms available in the county recorder's and county extension |
---|
| 589 | + | 18.8office of each county when requested. |
---|
| 590 | + | 18.9 (b) Except as provided in section 583.24, subdivision 4, paragraph (a), clause (3), a |
---|
| 591 | + | 18.10debtor who fails to file a timely mediation request waives the right to mediation for that |
---|
| 592 | + | 18.11debt under the Farmer-Lender Mediation Act. The director shall notify the creditor who |
---|
| 593 | + | 18.12served the mediation notice stating that the creditor may proceed against the agricultural |
---|
| 594 | + | 18.13property because the debtor has failed to file a mediation request. |
---|
| 595 | + | 18.14 (c) If a debtor has not received a mediation notice and is subject to a proceeding of a |
---|
| 596 | + | 18.15creditor enforcing a debt against agricultural property under chapter 580 or 581 or sections |
---|
| 597 | + | 18.16336.9-601 to 336.9-628, terminating a contract for deed to purchase agricultural property |
---|
| 598 | + | 18.17under section 559.21, or garnishing, levying on, executing on, seizing, or attaching |
---|
| 599 | + | 18.18agricultural property, the debtor may file a mediation request with the director. The mediation |
---|
| 600 | + | 18.19request form must indicate that the debtor has not received a mediation notice. |
---|
| 601 | + | 18.20Sec. 22. Minnesota Statutes 2022, section 600.23, is amended to read: |
---|
| 602 | + | 18.21 600.23 RECORDERS AND COURT ADMINISTRATORS. |
---|
| 603 | + | 18.22 Subdivision 1.Deposit of papers.Every county recorder, upon being paid the legal fees |
---|
| 604 | + | 18.23therefor, shall may receive and deposit in the office any instruments or papers which shall |
---|
| 605 | + | 18.24be are offered for that purpose and, if required requested, shall give to the person depositing |
---|
| 606 | + | 18.25the same a receipt therefor. |
---|
| 607 | + | 18.26 Subd. 2.Endorsed and filed.Any such instruments or papers so received shall be filed |
---|
| 608 | + | 18.27by the officer receiving the same, and so endorsed as to indicate their general nature, the |
---|
| 609 | + | 18.28names of the parties thereto, and time when received, and shall be deposited and kept by |
---|
| 610 | + | 18.29the officer and successors in office in the same manner as the officer's official papers, but |
---|
| 611 | + | 18.30in a place separate therefrom. |
---|
| 612 | + | 18.31 Subd. 3.Withdrawal.Papers and instruments so deposited shall not be made public or |
---|
| 613 | + | 18.32withdrawn from the office except upon the written order of the person depositing the same, |
---|
| 614 | + | 18Article 1 Sec. 22. |
---|
| 615 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 19.1or the person's executors or administrators, or on the order of some court for the purpose |
---|
| 616 | + | 19.2of being read in the court, and then to be returned to the office. |
---|
| 617 | + | 19.3 Subd. 3a.Retention and disposal.Papers and instruments deposited for safekeeping |
---|
| 618 | + | 19.4shall be retained, at a minimum, until the earlier of: |
---|
| 619 | + | 19.5 (1) the county recorder learns of the depositor's death, at which time the county recorder |
---|
| 620 | + | 19.6may deliver the paper or instrument to the appropriate court, or deliver the paper or instrument |
---|
| 621 | + | 19.7to the depositor's executors or administrators; or |
---|
| 622 | + | 19.8 (2) 20 years following the deposit of the paper or instrument, at which time the county |
---|
| 623 | + | 19.9recorder shall dispose of the paper or instrument pursuant to its county's retention policy. |
---|
| 624 | + | 19.10 Subd. 4.Certificate that instrument cannot be found.The certificate of any officer |
---|
| 625 | + | 19.11to whom the legal custody of any instrument belongs, stating that the officer has made |
---|
| 626 | + | 19.12diligent search for such instrument and that it cannot be found, shall be prima facie evidence |
---|
| 627 | + | 19.13of the fact so certified to in all cases, matters, and proceedings. |
---|
| 628 | + | 19.14Sec. 23. Minnesota Statutes 2022, section 609.5314, subdivision 3, is amended to read: |
---|
| 629 | + | 19.15 Subd. 3.Judicial determination.(a) Within 60 days following service of a notice of |
---|
| 630 | + | 19.16seizure and forfeiture under this section, a claimant may file a demand for a judicial |
---|
| 631 | + | 19.17determination of the forfeiture. The demand must be in the form of a civil complaint and |
---|
| 632 | + | 19.18must be filed with the court administrator in the county in which the seizure occurred, |
---|
| 633 | + | 19.19together with proof of service of a copy of the complaint on the prosecuting authority for |
---|
| 634 | + | 19.20that county. The claimant may serve the complaint on the prosecuting authority by certified |
---|
| 635 | + | 19.21mail or any means permitted by court rules. If the value of the seized property is $15,000 |
---|
| 636 | + | 19.22or less, the claimant may file an action in conciliation court for recovery of the seized |
---|
| 637 | + | 19.23property. A copy of the conciliation court statement of claim may be served personally or |
---|
| 638 | + | 19.24as permitted by the Rules of Conciliation Court Procedure on the prosecuting authority |
---|
| 639 | + | 19.25having jurisdiction over the forfeiture within 60 days following service of the notice of |
---|
| 640 | + | 19.26seizure and forfeiture under this subdivision. The claimant does not have to pay the court |
---|
| 641 | + | 19.27filing fee. No responsive pleading is required of the prosecuting authority and no court fees |
---|
| 642 | + | 19.28may be charged for the prosecuting authority's appearance in the matter. The district court |
---|
| 643 | + | 19.29administrator shall schedule the hearing as soon as practicable after, and in any event no |
---|
| 644 | + | 19.30later than 90 days following, the conclusion of the criminal prosecution. The proceedings |
---|
| 645 | + | 19.31are governed by the Rules of Civil Procedure and, where applicable, by the Rules of |
---|
| 646 | + | 19.32Conciliation Court Procedure. |
---|
| 647 | + | 19Article 1 Sec. 23. |
---|
| 648 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 20.1 (b) The complaint must be captioned in the name of the claimant as plaintiff and the |
---|
| 649 | + | 20.2seized property as defendant, and must state with specificity the grounds on which the |
---|
| 650 | + | 20.3claimant alleges the property was improperly seized and the plaintiff's interest in the property |
---|
| 651 | + | 20.4seized. Notwithstanding any law to the contrary, an action for the return of property seized |
---|
| 652 | + | 20.5under this section may not be maintained by or on behalf of any person who has been served |
---|
| 653 | + | 20.6with a notice of seizure and forfeiture unless the person has complied with this subdivision. |
---|
| 654 | + | 20.7 (c) If the claimant makes a timely demand for judicial determination under this |
---|
| 655 | + | 20.8subdivision, the appropriate agency must conduct the forfeiture under section 609.531, |
---|
| 656 | + | 20.9subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, |
---|
| 657 | + | 20.10apply to the judicial determination. |
---|
| 658 | + | 20.11 (d) If a demand for judicial determination of an administrative forfeiture is filed under |
---|
| 659 | + | 20.12this subdivision and the court orders the return of the seized property, the court may order |
---|
| 660 | + | 20.13sanctions under section 549.211. If the court orders payment of these costs, they must be |
---|
| 661 | + | 20.14paid from forfeited money or proceeds from the sale of forfeited property from the appropriate |
---|
| 662 | + | 20.15law enforcement and prosecuting agencies in the same proportion as they would be distributed |
---|
| 663 | + | 20.16under section 609.5315, subdivision 5. |
---|
| 664 | + | 20.17 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 665 | + | 20.18Sec. 24. Minnesota Statutes 2022, section 611.215, subdivision 1, is amended to read: |
---|
| 666 | + | 20.19 Subdivision 1.Structure; membership.(a) The State Board of Public Defense is a part |
---|
| 667 | + | 20.20of, but is not subject to the administrative control of, the judicial branch of government. |
---|
| 668 | + | 20.21The State Board of Public Defense shall consist of seven nine members including: |
---|
| 669 | + | 20.22 (1) four attorneys admitted to the practice of law, well acquainted with the defense of |
---|
| 670 | + | 20.23persons accused of crime, but not employed as prosecutors, appointed by the supreme court, |
---|
| 671 | + | 20.24of which one must be a retired or former public defender within the past five years; and |
---|
| 672 | + | 20.25 (2) three five public members appointed by the governor. |
---|
| 673 | + | 20.26 The appointing authorities may not appoint a person who is a judge to be a member of |
---|
| 674 | + | 20.27the State Board of Public Defense, other than as a member of the ad hoc Board of Public |
---|
| 675 | + | 20.28Defense. |
---|
| 676 | + | 20.29 (b) All members shall demonstrate an interest in maintaining a high quality, independent |
---|
| 677 | + | 20.30defense system for those who are unable to obtain adequate representation. Appointments |
---|
| 678 | + | 20.31to the board shall include qualified women and members of minority groups. At least three |
---|
| 679 | + | 20.32members of the board shall be from judicial districts other than the First, Second, Fourth, |
---|
| 680 | + | 20.33and Tenth Judicial Districts. The terms, compensation, and removal of members shall be |
---|
| 681 | + | 20Article 1 Sec. 24. |
---|
| 682 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 21.1as provided in section 15.0575. The chair shall be elected by the members from among the |
---|
| 683 | + | 21.2membership for a term of two years. |
---|
| 684 | + | 21.3 (c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc |
---|
| 685 | + | 21.4board when considering the appointment of district public defenders under section 611.26, |
---|
| 686 | + | 21.5subdivision 2. The terms of chief district public defenders currently serving shall terminate |
---|
| 687 | + | 21.6in accordance with the staggered term schedule set forth in section 611.26, subdivision 2. |
---|
| 688 | + | 21.7 (d) Meetings of the board are subject to chapter 13D. |
---|
| 689 | + | 21.8 Sec. 25. REPEALER. |
---|
| 690 | + | 21.9 (a) Minnesota Statutes 2022, sections 346.02; and 582.14, are repealed. |
---|
| 691 | + | 21.10 (b) Minnesota Statutes 2022, section 504B.305, is repealed. |
---|
| 692 | + | 21.11 EFFECTIVE DATE.Paragraph (b) is effective the day following final enactment. |
---|
| 693 | + | 21.12 ARTICLE 2 |
---|
| 694 | + | 21.13 CONSTRUCTION CONTRACTS |
---|
| 695 | + | 21.14Section 1. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision |
---|
| 696 | + | 21.15to read: |
---|
| 697 | + | 21.16 Subd. 1a.Indemnification agreement."Indemnification agreement" means an agreement |
---|
| 698 | + | 21.17by the promisor to indemnify, defend, or hold harmless the promisee against liability or |
---|
| 699 | + | 21.18claims of liability for damages arising out of bodily injury to persons or out of physical |
---|
| 700 | + | 21.19damage to tangible or real property. |
---|
| 701 | + | 21.20Sec. 2. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision to |
---|
| 702 | + | 21.21read: |
---|
| 703 | + | 21.22 Subd. 1b.Promisee."Promisee" includes that party's independent contractors, agents, |
---|
| 704 | + | 21.23employees, or indemnitees. |
---|
| 705 | + | 21.24Sec. 3. Minnesota Statutes 2022, section 15.72, is amended by adding a subdivision to |
---|
| 706 | + | 21.25read: |
---|
| 707 | + | 21.26 Subd. 3.Unenforceability of certain agreements.(a) An indemnification agreement |
---|
| 708 | + | 21.27contained in, or executed in connection with, a contract for a public improvement is |
---|
| 709 | + | 21.28unenforceable except to the extent that: |
---|
| 710 | + | 21Article 2 Sec. 3. |
---|
| 711 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 22.1 (1) the underlying injury or damage is attributable to the negligent or otherwise wrongful |
---|
| 712 | + | 22.2act or omission, including breach of a specific contractual duty, of the promisor or the |
---|
| 713 | + | 22.3promisor's independent contractors, agents, employees, or delegatees; or |
---|
| 714 | + | 22.4 (2) an owner, a responsible party, or a governmental entity agrees to indemnify a |
---|
| 715 | + | 22.5contractor directly or through another contractor with respect to strict liability under |
---|
| 716 | + | 22.6environmental laws. |
---|
| 717 | + | 22.7 (b) A provision in a public building or construction contract that requires a party to |
---|
| 718 | + | 22.8provide insurance coverage to one or more other parties, including third parties, for the |
---|
| 719 | + | 22.9negligence or intentional acts or omissions of any of those other parties, including third |
---|
| 720 | + | 22.10parties, is against public policy and is void and unenforceable. |
---|
| 721 | + | 22.11 (c) Paragraph (b) does not affect the validity of a provision that requires a party to provide |
---|
| 722 | + | 22.12or obtain workers' compensation insurance, construction performance or payment bonds, |
---|
| 723 | + | 22.13builder's risk policies, or owner or contractor-controlled insurance programs or policies. |
---|
| 724 | + | 22.14 (d) Paragraph (b) does not affect the validity of a provision that requires the promisor |
---|
| 725 | + | 22.15to provide or obtain insurance coverage for the promisee's vicarious liability, or liability |
---|
| 726 | + | 22.16imposed by warranty, arising out of the acts or omissions of the promisor. |
---|
| 727 | + | 22.17 (e) Paragraph (b) does not apply to building and construction contracts for work within |
---|
| 728 | + | 22.1850 feet of public or private railroads or railroads regulated by the Federal Railroad |
---|
| 729 | + | 22.19Administration. |
---|
| 730 | + | 22.20Sec. 4. Minnesota Statutes 2022, section 337.01, subdivision 3, is amended to read: |
---|
| 731 | + | 22.21 Subd. 3.Indemnification agreement."Indemnification agreement" means an agreement |
---|
| 732 | + | 22.22by the promisor to indemnify, defend, or hold harmless the promisee against liability or |
---|
| 733 | + | 22.23claims of liability for damages arising out of bodily injury to persons or out of physical |
---|
| 734 | + | 22.24damage to tangible or real property. |
---|
| 735 | + | 22.25Sec. 5. Minnesota Statutes 2022, section 337.05, subdivision 1, is amended to read: |
---|
| 736 | + | 22.26 Subdivision 1.Agreements valid.(a) Except as otherwise provided in paragraph (b), |
---|
| 737 | + | 22.27sections 337.01 to 337.05 do not affect the validity of agreements whereby a promisor agrees |
---|
| 738 | + | 22.28to provide specific insurance coverage for the benefit of others. |
---|
| 739 | + | 22.29 (b) A provision that requires a party to provide insurance coverage to one or more other |
---|
| 740 | + | 22.30parties, including third parties, for the negligence or intentional acts or omissions of any of |
---|
| 741 | + | 22.31those other parties, including third parties, is against public policy and is void and |
---|
| 742 | + | 22.32unenforceable. |
---|
| 743 | + | 22Article 2 Sec. 5. |
---|
| 744 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 23.1 (c) Paragraph (b) does not affect the validity of a provision that requires a party to provide |
---|
| 745 | + | 23.2or obtain workers' compensation insurance, construction performance or payment bonds, |
---|
| 746 | + | 23.3or project-specific insurance, including, without limitation, builder's risk policies, or owner |
---|
| 747 | + | 23.4or contractor-controlled insurance programs or policies. |
---|
| 748 | + | 23.5 (d) Paragraph (b) does not affect the validity of a provision that requires the promisor |
---|
| 749 | + | 23.6to provide or obtain insurance coverage for the promisee's vicarious liability, or liability |
---|
| 750 | + | 23.7imposed by warranty, arising out of the acts or omissions of the promisor. |
---|
| 751 | + | 23.8 (e) Paragraph (b) does not apply to building and construction contracts for work within |
---|
| 752 | + | 23.950 feet of public or private railroads, or railroads regulated by the Federal Railroad |
---|
| 753 | + | 23.10Administration. |
---|
| 754 | + | 23.11Sec. 6. EFFECTIVE DATE. |
---|
| 755 | + | 23.12 Sections 1 to 5 are effective the day following final enactment and apply to agreements |
---|
| 756 | + | 23.13entered into on or after that date. |
---|
| 757 | + | 23.14 ARTICLE 3 |
---|
| 758 | + | 23.15 CIVIL RIGHTS LAW |
---|
| 759 | + | 23.16Section 1. Minnesota Statutes 2022, section 82B.195, subdivision 3, is amended to read: |
---|
| 760 | + | 23.17 Subd. 3.Additional requirements.In addition to the requirements of subdivisions 1 |
---|
| 761 | + | 23.18and 2, an appraiser must: |
---|
| 762 | + | 23.19 (1) not knowingly make any of the following unacceptable appraisal practices: |
---|
| 763 | + | 23.20 (i) include inaccurate or misleading factual data about the subject neighborhood, site, |
---|
| 764 | + | 23.21improvements, or comparable sales; |
---|
| 765 | + | 23.22 (ii) fail to comment on negative factors with respect to the subject neighborhood, subject |
---|
| 766 | + | 23.23property, or proximity of the subject property to adverse influences; |
---|
| 767 | + | 23.24 (iii) unless otherwise disclosed in the appraisal report, use comparables in the valuation |
---|
| 768 | + | 23.25process that the appraiser has not at least personally inspected from the exterior by driving |
---|
| 769 | + | 23.26by them; |
---|
| 770 | + | 23.27 (iv) select and use inappropriate comparable sales or fail to use comparables that are |
---|
| 771 | + | 23.28physically and by location the most similar to the subject property; |
---|
| 772 | + | 23.29 (v) use data, particularly comparable sales data, that was provided by parties who have |
---|
| 773 | + | 23.30a financial interest in the sale or financing of the subject property without the appraiser's |
---|
| 774 | + | 23.31verification of the information from a disinterested source. For example, it would be |
---|
| 775 | + | 23Article 3 Section 1. |
---|
| 776 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 24.1inappropriate for an appraiser to use comparable sales provided by the builder of the subject |
---|
| 777 | + | 24.2property or a real estate broker who is handling the sale of the subject property, unless the |
---|
| 778 | + | 24.3appraiser verifies the accuracy of the data provided through another source. If a signed HUD |
---|
| 779 | + | 24.4Settlement Statement is used for this verification, the appraiser must also verify the sale |
---|
| 780 | + | 24.5data with the buyer or county records. The appraiser must also make an independent |
---|
| 781 | + | 24.6investigation to determine that the comparable sales provided were the best ones available; |
---|
| 782 | + | 24.7 (vi) use adjustments to the comparable sales that do not reflect the market's reaction to |
---|
| 783 | + | 24.8the differences between the subject property and the comparables, or fail to make adjustments |
---|
| 784 | + | 24.9when they are clearly indicated; |
---|
| 785 | + | 24.10 (vii) develop a valuation conclusion that is based either partially or completely on factors |
---|
| 786 | + | 24.11identified in chapter 363A, including race, color, creed, religion, sex, gender identity, marital |
---|
| 787 | + | 24.12status, status with regard to public assistance, disability, sexual orientation, familial status |
---|
| 788 | + | 24.13of the owner or occupants of nearby property, or national origin of either the prospective |
---|
| 789 | + | 24.14owners or occupants of the properties in the vicinity of the subject property; or |
---|
| 790 | + | 24.15 (viii) develop a valuation conclusion that is not supported by available market data; |
---|
| 791 | + | 24.16 (2) provide a resume, current within six months of the date it is provided, to anyone who |
---|
| 792 | + | 24.17employs the appraiser, indicating all professional degrees and licenses held by the appraiser; |
---|
| 793 | + | 24.18and |
---|
| 794 | + | 24.19 (3) reject any request by the person who has employed the appraiser that is in conflict |
---|
| 795 | + | 24.20with the requirements of Minnesota law or this chapter and withdraw from the appraisal |
---|
| 796 | + | 24.21assignment if the employing party persists in the request. |
---|
| 797 | + | 24.22Sec. 2. Minnesota Statutes 2022, section 245I.12, subdivision 1, is amended to read: |
---|
| 798 | + | 24.23 Subdivision 1.Client rights.A license holder must ensure that all clients have the |
---|
| 799 | + | 24.24following rights: |
---|
| 800 | + | 24.25 (1) the rights listed in the health care bill of rights in section 144.651; |
---|
| 801 | + | 24.26 (2) the right to be free from discrimination based on age, race, color, creed, religion, |
---|
| 802 | + | 24.27national origin, sex, gender identity, marital status, disability, sexual orientation, and status |
---|
| 803 | + | 24.28with regard to public assistance. The license holder must follow all applicable state and |
---|
| 804 | + | 24.29federal laws including the Minnesota Human Rights Act, chapter 363A; and |
---|
| 805 | + | 24.30 (3) the right to be informed prior to a photograph or audio or video recording being made |
---|
| 806 | + | 24.31of the client. The client has the right to refuse to allow any recording or photograph of the |
---|
| 807 | + | 24.32client that is not for the purposes of identification or supervision by the license holder. |
---|
| 808 | + | 24Article 3 Sec. 2. |
---|
| 809 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 25.1 Sec. 3. Minnesota Statutes 2022, section 363A.02, subdivision 1, is amended to read: |
---|
| 810 | + | 25.2 Subdivision 1.Freedom from discrimination.(a) It is the public policy of this state to |
---|
| 811 | + | 25.3secure for persons in this state, freedom from discrimination: |
---|
| 812 | + | 25.4 (1) in employment because of race, color, creed, religion, national origin, sex, gender |
---|
| 813 | + | 25.5identity, marital status, disability, status with regard to public assistance, sexual orientation, |
---|
| 814 | + | 25.6familial status, and age; |
---|
| 815 | + | 25.7 (2) in housing and real property because of race, color, creed, religion, national origin, |
---|
| 816 | + | 25.8sex, gender identity, marital status, disability, status with regard to public assistance, sexual |
---|
| 817 | + | 25.9orientation, and familial status; |
---|
| 818 | + | 25.10 (3) in public accommodations because of race, color, creed, religion, national origin, |
---|
| 819 | + | 25.11sex, gender identity, sexual orientation, and disability; |
---|
| 820 | + | 25.12 (4) in public services because of race, color, creed, religion, national origin, sex, gender |
---|
| 821 | + | 25.13identity, marital status, disability, sexual orientation, and status with regard to public |
---|
| 822 | + | 25.14assistance; and |
---|
| 823 | + | 25.15 (5) in education because of race, color, creed, religion, national origin, sex, gender |
---|
| 824 | + | 25.16identity, marital status, disability, status with regard to public assistance, sexual orientation, |
---|
| 825 | + | 25.17and age. |
---|
| 826 | + | 25.18 (b) Such discrimination threatens the rights and privileges of the inhabitants of this state |
---|
| 827 | + | 25.19and menaces the institutions and foundations of democracy. It is also the public policy of |
---|
| 828 | + | 25.20this state to protect all persons from wholly unfounded charges of discrimination. Nothing |
---|
| 829 | + | 25.21in this chapter shall be interpreted as restricting the implementation of positive action |
---|
| 830 | + | 25.22programs to combat discrimination. |
---|
| 831 | + | 25.23Sec. 4. Minnesota Statutes 2022, section 363A.03, subdivision 23, is amended to read: |
---|
| 832 | + | 25.24 Subd. 23.Local commission."Local commission" means an agency of a city, county, |
---|
| 833 | + | 25.25or group of counties created pursuant to law, resolution of a county board, city charter, or |
---|
| 834 | + | 25.26municipal ordinance for the purpose of dealing with discrimination on the basis of race, |
---|
| 835 | + | 25.27color, creed, religion, national origin, sex, gender identity, age, disability, marital status, |
---|
| 836 | + | 25.28status with regard to public assistance, sexual orientation, or familial status. |
---|
| 837 | + | 25.29Sec. 5. Minnesota Statutes 2022, section 363A.03, subdivision 44, is amended to read: |
---|
| 838 | + | 25.30 Subd. 44.Sexual orientation."Sexual orientation" means having or being perceived as |
---|
| 839 | + | 25.31having an emotional, physical, or sexual attachment to another person without regard to the |
---|
| 840 | + | 25Article 3 Sec. 5. |
---|
| 841 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 26.1sex of that person or having or being perceived as having an orientation for such attachment, |
---|
| 842 | + | 26.2or having or being perceived as having a self-image or identity not traditionally associated |
---|
| 843 | + | 26.3with one's biological maleness or femaleness. "Sexual orientation" does not include a physical |
---|
| 844 | + | 26.4or sexual attachment to children by an adult. |
---|
| 845 | + | 26.5 Sec. 6. Minnesota Statutes 2022, section 363A.03, is amended by adding a subdivision to |
---|
| 846 | + | 26.6read: |
---|
| 847 | + | 26.7 Subd. 50.Gender identity."Gender identity" means a person's inherent sense of being |
---|
| 848 | + | 26.8a man, woman, both, or neither. A person's gender identity may or may not correspond to |
---|
| 849 | + | 26.9their assigned sex at birth or to their primary or secondary sex characteristics. A person's |
---|
| 850 | + | 26.10gender identity is not necessarily visible to others. |
---|
| 851 | + | 26.11Sec. 7. Minnesota Statutes 2022, section 363A.04, is amended to read: |
---|
| 852 | + | 26.12 363A.04 CONSTRUCTION AND EXCLUSIVITY. |
---|
| 853 | + | 26.13 The provisions of this chapter shall be construed liberally for the accomplishment of the |
---|
| 854 | + | 26.14purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the |
---|
| 855 | + | 26.15provisions of the civil rights law or of any other law of this state relating to discrimination |
---|
| 856 | + | 26.16because of race, creed, color, religion, sex, gender identity, age, disability, marital status, |
---|
| 857 | + | 26.17status with regard to public assistance, national origin, sexual orientation, or familial status; |
---|
| 858 | + | 26.18but, as to acts declared unfair by sections 363A.08 to 363A.19, and 363A.28, subdivision |
---|
| 859 | + | 26.1910, the procedure herein provided shall, while pending, be exclusive. |
---|
| 860 | + | 26.20Sec. 8. Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read: |
---|
| 861 | + | 26.21 Subdivision 1.Formulation of policies.(a) The commissioner shall formulate policies |
---|
| 862 | + | 26.22to effectuate the purposes of this chapter and shall do the following: |
---|
| 863 | + | 26.23 (1) exercise leadership under the direction of the governor in the development of human |
---|
| 864 | + | 26.24rights policies and programs, and make recommendations to the governor and the legislature |
---|
| 865 | + | 26.25for their consideration and implementation; |
---|
| 866 | + | 26.26 (2) establish and maintain a principal office in St. Paul, and any other necessary branch |
---|
| 867 | + | 26.27offices at any location within the state; |
---|
| 868 | + | 26.28 (3) meet and function at any place within the state; |
---|
| 869 | + | 26.29 (4) employ attorneys, clerks, and other employees and agents as the commissioner may |
---|
| 870 | + | 26.30deem necessary and prescribe their duties; |
---|
| 871 | + | 26Article 3 Sec. 8. |
---|
| 872 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 27.1 (5) to the extent permitted by federal law and regulation, utilize the records of the |
---|
| 873 | + | 27.2Department of Employment and Economic Development of the state when necessary to |
---|
| 874 | + | 27.3effectuate the purposes of this chapter; |
---|
| 875 | + | 27.4 (6) obtain upon request and utilize the services of all state governmental departments |
---|
| 876 | + | 27.5and agencies; |
---|
| 877 | + | 27.6 (7) adopt suitable rules for effectuating the purposes of this chapter; |
---|
| 878 | + | 27.7 (8) issue complaints, receive and investigate charges alleging unfair discriminatory |
---|
| 879 | + | 27.8practices, and determine whether or not probable cause exists for hearing; |
---|
| 880 | + | 27.9 (9) subpoena witnesses, administer oaths, take testimony, and require the production for |
---|
| 881 | + | 27.10examination of any books or papers relative to any matter under investigation or in question |
---|
| 882 | + | 27.11as the commissioner deems appropriate to carry out the purposes of this chapter; |
---|
| 883 | + | 27.12 (10) attempt, by means of education, conference, conciliation, and persuasion to eliminate |
---|
| 884 | + | 27.13unfair discriminatory practices as being contrary to the public policy of the state; |
---|
| 885 | + | 27.14 (11) develop and conduct programs of formal and informal education designed to |
---|
| 886 | + | 27.15eliminate discrimination and intergroup conflict by use of educational techniques and |
---|
| 887 | + | 27.16programs the commissioner deems necessary; |
---|
| 888 | + | 27.17 (12) make a written report of the activities of the commissioner to the governor each |
---|
| 889 | + | 27.18year; |
---|
| 890 | + | 27.19 (13) accept gifts, bequests, grants, or other payments public and private to help finance |
---|
| 891 | + | 27.20the activities of the department; |
---|
| 892 | + | 27.21 (14) create such local and statewide advisory committees as will in the commissioner's |
---|
| 893 | + | 27.22judgment aid in effectuating the purposes of the Department of Human Rights; |
---|
| 894 | + | 27.23 (15) develop such programs as will aid in determining the compliance throughout the |
---|
| 895 | + | 27.24state with the provisions of this chapter, and in the furtherance of such duties, conduct |
---|
| 896 | + | 27.25research and study discriminatory practices based upon race, color, creed, religion, national |
---|
| 897 | + | 27.26origin, sex, gender identity, age, disability, marital status, status with regard to public |
---|
| 898 | + | 27.27assistance, familial status, sexual orientation, or other factors and develop accurate data on |
---|
| 899 | + | 27.28the nature and extent of discrimination and other matters as they may affect housing, |
---|
| 900 | + | 27.29employment, public accommodations, schools, and other areas of public life; |
---|
| 901 | + | 27.30 (16) develop and disseminate technical assistance to persons subject to the provisions |
---|
| 902 | + | 27.31of this chapter, and to agencies and officers of governmental and private agencies; |
---|
| 903 | + | 27Article 3 Sec. 8. |
---|
| 904 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 28.1 (17) provide staff services to such advisory committees as may be created in aid of the |
---|
| 905 | + | 28.2functions of the Department of Human Rights; |
---|
| 906 | + | 28.3 (18) make grants in aid to the extent that appropriations are made available for that |
---|
| 907 | + | 28.4purpose in aid of carrying out duties and responsibilities; and |
---|
| 908 | + | 28.5 (19) cooperate and consult with the commissioner of labor and industry regarding the |
---|
| 909 | + | 28.6investigation of violations of, and resolution of complaints regarding section 363A.08, |
---|
| 910 | + | 28.7subdivision 7. |
---|
| 911 | + | 28.8 In performing these duties, the commissioner shall give priority to those duties in clauses |
---|
| 912 | + | 28.9(8), (9), and (10) and to the duties in section 363A.36. |
---|
| 913 | + | 28.10 (b) All gifts, bequests, grants, or other payments, public and private, accepted under |
---|
| 914 | + | 28.11paragraph (a), clause (13), must be deposited in the state treasury and credited to a special |
---|
| 915 | + | 28.12account. Money in the account is appropriated to the commissioner of human rights to help |
---|
| 916 | + | 28.13finance activities of the department. |
---|
| 917 | + | 28.14Sec. 9. Minnesota Statutes 2022, section 363A.07, subdivision 2, is amended to read: |
---|
| 918 | + | 28.15 Subd. 2.Referral from commissioner.The commissioner, whether or not a charge has |
---|
| 919 | + | 28.16been filed under this chapter, may refer a matter involving discrimination because of race, |
---|
| 920 | + | 28.17color, religion, sex, gender identity, creed, disability, marital status, status with regard to |
---|
| 921 | + | 28.18public assistance, national origin, age, sexual orientation, or familial status to a local |
---|
| 922 | + | 28.19commission for study and report. |
---|
| 923 | + | 28.20 Upon referral by the commissioner, the local commission shall make a report and make |
---|
| 924 | + | 28.21recommendations to the commissioner and take other appropriate action within the scope |
---|
| 925 | + | 28.22of its powers. |
---|
| 926 | + | 28.23Sec. 10. Minnesota Statutes 2022, section 363A.08, subdivision 1, is amended to read: |
---|
| 927 | + | 28.24 Subdivision 1.Labor organization.Except when based on a bona fide occupational |
---|
| 928 | + | 28.25qualification, it is an unfair employment practice for a labor organization, because of race, |
---|
| 929 | + | 28.26color, creed, religion, national origin, sex, gender identity, marital status, status with regard |
---|
| 930 | + | 28.27to public assistance, familial status, disability, sexual orientation, or age: |
---|
| 931 | + | 28.28 (1) to deny full and equal membership rights to a person seeking membership or to a |
---|
| 932 | + | 28.29member; |
---|
| 933 | + | 28.30 (2) to expel a member from membership; |
---|
| 934 | + | 28Article 3 Sec. 10. |
---|
| 935 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 29.1 (3) to discriminate against a person seeking membership or a member with respect to |
---|
| 936 | + | 29.2hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or |
---|
| 937 | + | 29.3privileges of employment; or |
---|
| 938 | + | 29.4 (4) to fail to classify properly, or refer for employment or otherwise to discriminate |
---|
| 939 | + | 29.5against a person or member. |
---|
| 940 | + | 29.6 Sec. 11. Minnesota Statutes 2022, section 363A.08, subdivision 2, is amended to read: |
---|
| 941 | + | 29.7 Subd. 2.Employer.Except when based on a bona fide occupational qualification, it is |
---|
| 942 | + | 29.8an unfair employment practice for an employer, because of race, color, creed, religion, |
---|
| 943 | + | 29.9national origin, sex, gender identity, marital status, status with regard to public assistance, |
---|
| 944 | + | 29.10familial status, membership or activity in a local commission, disability, sexual orientation, |
---|
| 945 | + | 29.11or age to: |
---|
| 946 | + | 29.12 (1) refuse to hire or to maintain a system of employment which unreasonably excludes |
---|
| 947 | + | 29.13a person seeking employment; or |
---|
| 948 | + | 29.14 (2) discharge an employee; or |
---|
| 949 | + | 29.15 (3) discriminate against a person with respect to hiring, tenure, compensation, terms, |
---|
| 950 | + | 29.16upgrading, conditions, facilities, or privileges of employment. |
---|
| 951 | + | 29.17Sec. 12. Minnesota Statutes 2022, section 363A.08, subdivision 3, is amended to read: |
---|
| 952 | + | 29.18 Subd. 3.Employment agency.Except when based on a bona fide occupational |
---|
| 953 | + | 29.19qualification, it is an unfair employment practice for an employment agency, because of |
---|
| 954 | + | 29.20race, color, creed, religion, national origin, sex, gender identity, marital status, status with |
---|
| 955 | + | 29.21regard to public assistance, familial status, disability, sexual orientation, or age to: |
---|
| 956 | + | 29.22 (1) refuse or fail to accept, register, classify properly, or refer for employment or |
---|
| 957 | + | 29.23otherwise to discriminate against a person; or |
---|
| 958 | + | 29.24 (2) comply with a request from an employer for referral of applicants for employment |
---|
| 959 | + | 29.25if the request indicates directly or indirectly that the employer fails to comply with the |
---|
| 960 | + | 29.26provisions of this chapter. |
---|
| 961 | + | 29.27Sec. 13. Minnesota Statutes 2022, section 363A.08, subdivision 4, is amended to read: |
---|
| 962 | + | 29.28 Subd. 4.Employer, employment agency, or labor organization.(a) Except when |
---|
| 963 | + | 29.29based on a bona fide occupational qualification, it is an unfair employment practice for an |
---|
| 964 | + | 29.30employer, employment agency, or labor organization, before a person is employed by an |
---|
| 965 | + | 29.31employer or admitted to membership in a labor organization, to: |
---|
| 966 | + | 29Article 3 Sec. 13. |
---|
| 967 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 30.1 (1) require or request the person to furnish information that pertains to race, color, creed, |
---|
| 968 | + | 30.2religion, national origin, sex, gender identity, marital status, status with regard to public |
---|
| 969 | + | 30.3assistance, familial status, disability, sexual orientation, or age; or, subject to section 363A.20, |
---|
| 970 | + | 30.4to require or request a person to undergo physical examination; unless for the sole and |
---|
| 971 | + | 30.5exclusive purpose of national security, information pertaining to national origin is required |
---|
| 972 | + | 30.6by the United States, this state or a political subdivision or agency of the United States or |
---|
| 973 | + | 30.7this state, or for the sole and exclusive purpose of compliance with the Public Contracts |
---|
| 974 | + | 30.8Act or any rule, regulation, or laws of the United States or of this state requiring the |
---|
| 975 | + | 30.9information or examination. A law enforcement agency may, after notifying an applicant |
---|
| 976 | + | 30.10for a peace officer or part-time peace officer position that the law enforcement agency is |
---|
| 977 | + | 30.11commencing the background investigation on the applicant, request the applicant's date of |
---|
| 978 | + | 30.12birth, gender, and race on a separate form for the sole and exclusive purpose of conducting |
---|
| 979 | + | 30.13a criminal history check, a driver's license check, and fingerprint criminal history inquiry. |
---|
| 980 | + | 30.14The form shall include a statement indicating why the data is being collected and what its |
---|
| 981 | + | 30.15limited use will be. No document which has date of birth, gender, or race information will |
---|
| 982 | + | 30.16be included in the information given to or available to any person who is involved in selecting |
---|
| 983 | + | 30.17the person or persons employed other than the background investigator. No person may act |
---|
| 984 | + | 30.18both as background investigator and be involved in the selection of an employee except that |
---|
| 985 | + | 30.19the background investigator's report about background may be used in that selection as long |
---|
| 986 | + | 30.20as no direct or indirect references are made to the applicant's race, age, or gender; or |
---|
| 987 | + | 30.21 (2) seek and obtain for purposes of making a job decision, information from any source |
---|
| 988 | + | 30.22that pertains to the person's race, color, creed, religion, national origin, sex, gender identity, |
---|
| 989 | + | 30.23marital status, status with regard to public assistance, familial status, disability, sexual |
---|
| 990 | + | 30.24orientation, or age, unless for the sole and exclusive purpose of compliance with the Public |
---|
| 991 | + | 30.25Contracts Act or any rule, regulation, or laws of the United States or of this state requiring |
---|
| 992 | + | 30.26the information; or |
---|
| 993 | + | 30.27 (3) cause to be printed or published a notice or advertisement that relates to employment |
---|
| 994 | + | 30.28or membership and discloses a preference, limitation, specification, or discrimination based |
---|
| 995 | + | 30.29on race, color, creed, religion, national origin, sex, gender identity, marital status, status |
---|
| 996 | + | 30.30with regard to public assistance, familial status, disability, sexual orientation, or age. |
---|
| 997 | + | 30.31 (b) Any individual who is required to provide information that is prohibited by this |
---|
| 998 | + | 30.32subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28, |
---|
| 999 | + | 30.33subdivisions 1 to 9. |
---|
| 1000 | + | 30Article 3 Sec. 13. |
---|
| 1001 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 31.1 Sec. 14. Minnesota Statutes 2022, section 363A.08, is amended by adding a subdivision |
---|
| 1002 | + | 31.2to read: |
---|
| 1003 | + | 31.3 Subd. 8.Inquiries into pay history prohibited.(a) "Pay history" as used in this |
---|
| 1004 | + | 31.4subdivision means any prior or current wage, salary, earnings, benefits, or any other |
---|
| 1005 | + | 31.5compensation about an applicant for employment. |
---|
| 1006 | + | 31.6 (b) An employer, employment agency, or labor organization shall not inquire into, |
---|
| 1007 | + | 31.7consider, or require disclosure from any source the pay history of an applicant for |
---|
| 1008 | + | 31.8employment for the purpose of determining wages, salary, earnings, benefits, or other |
---|
| 1009 | + | 31.9compensation for that applicant. The general prohibition against inquiring into the pay |
---|
| 1010 | + | 31.10history of an applicant does not apply if the job applicant's pay history is a matter of public |
---|
| 1011 | + | 31.11record under federal or state law, unless the employer, employment agency, or labor |
---|
| 1012 | + | 31.12organization sought access to those public records with the intent of obtaining pay history |
---|
| 1013 | + | 31.13of the applicant for the purpose of determining wages, salary, earnings, benefits, or other |
---|
| 1014 | + | 31.14compensation for that applicant. |
---|
| 1015 | + | 31.15 (c) Nothing in this subdivision shall prevent an applicant for employment from voluntarily |
---|
| 1016 | + | 31.16and without asking, encouraging, or prompting disclosing pay history for the purposes of |
---|
| 1017 | + | 31.17negotiating wages, salary, benefits, or other compensation. If an applicant for employment |
---|
| 1018 | + | 31.18voluntarily and without asking, encouraging, or prompting discloses pay history to a |
---|
| 1019 | + | 31.19prospective employer, employment agency, or labor organization, nothing in this subdivision |
---|
| 1020 | + | 31.20shall prohibit that employer, employment agency, or labor organization from considering |
---|
| 1021 | + | 31.21or acting on that voluntarily disclosed salary history information to support a wage or salary |
---|
| 1022 | + | 31.22higher than initially offered by the employer, employment agency, or labor organization. |
---|
| 1023 | + | 31.23 (d) Nothing in this subdivision limits, prohibits, or prevents a person from bringing a |
---|
| 1024 | + | 31.24charge, grievance, or any other cause of action alleging wage discrimination because of |
---|
| 1025 | + | 31.25race, color, creed, religion, national origin, sex, gender identity, marital status, status with |
---|
| 1026 | + | 31.26regard to public assistance, familial status, membership or activity in a local commission, |
---|
| 1027 | + | 31.27disability, sexual orientation, or age, as otherwise provided in this chapter. |
---|
| 1028 | + | 31.28 (e) Nothing in this subdivision shall be construed to prevent an employer from: |
---|
| 1029 | + | 31.29 (1) providing information about the wages, benefits, compensation, or salary offered in |
---|
| 1030 | + | 31.30relation to a position; or |
---|
| 1031 | + | 31.31 (2) inquiring about or otherwise engaging in discussions with an applicant about the |
---|
| 1032 | + | 31.32applicant's expectations or requests with respect to wages, salary, benefits, or other |
---|
| 1033 | + | 31.33compensation. |
---|
| 1034 | + | 31Article 3 Sec. 14. |
---|
| 1035 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 32.1 EFFECTIVE DATE.This section is effective January 1, 2024. For employment covered |
---|
| 1036 | + | 32.2by collective bargaining agreements, this section is not effective until the date of |
---|
| 1037 | + | 32.3implementation of the applicable collective bargaining agreement that is after January 1, |
---|
| 1038 | + | 32.42024. |
---|
| 1039 | + | 32.5 Sec. 15. Minnesota Statutes 2022, section 363A.09, subdivision 1, is amended to read: |
---|
| 1040 | + | 32.6 Subdivision 1.Real property interest; action by owner, lessee, and others.It is an |
---|
| 1041 | + | 32.7unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent |
---|
| 1042 | + | 32.8of, or other person having the right to sell, rent or lease any real property, or any agent of |
---|
| 1043 | + | 32.9any of these: |
---|
| 1044 | + | 32.10 (1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or |
---|
| 1045 | + | 32.11group of persons any real property because of race, color, creed, religion, national origin, |
---|
| 1046 | + | 32.12sex, gender identity, marital status, status with regard to public assistance, disability, sexual |
---|
| 1047 | + | 32.13orientation, or familial status; or |
---|
| 1048 | + | 32.14 (2) to discriminate against any person or group of persons because of race, color, creed, |
---|
| 1049 | + | 32.15religion, national origin, sex, gender identity, marital status, status with regard to public |
---|
| 1050 | + | 32.16assistance, disability, sexual orientation, or familial status in the terms, conditions or |
---|
| 1051 | + | 32.17privileges of the sale, rental or lease of any real property or in the furnishing of facilities or |
---|
| 1052 | + | 32.18services in connection therewith, except that nothing in this clause shall be construed to |
---|
| 1053 | + | 32.19prohibit the adoption of reasonable rules intended to protect the safety of minors in their |
---|
| 1054 | + | 32.20use of the real property or any facilities or services furnished in connection therewith; or |
---|
| 1055 | + | 32.21 (3) in any transaction involving real property, to print, circulate or post or cause to be |
---|
| 1056 | + | 32.22printed, circulated, or posted any advertisement or sign, or use any form of application for |
---|
| 1057 | + | 32.23the purchase, rental or lease of real property, or make any record or inquiry in connection |
---|
| 1058 | + | 32.24with the prospective purchase, rental, or lease of real property which expresses, directly or |
---|
| 1059 | + | 32.25indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, |
---|
| 1060 | + | 32.26national origin, sex, gender identity, marital status, status with regard to public assistance, |
---|
| 1061 | + | 32.27disability, sexual orientation, or familial status, or any intent to make any such limitation, |
---|
| 1062 | + | 32.28specification, or discrimination except that nothing in this clause shall be construed to |
---|
| 1063 | + | 32.29prohibit the advertisement of a dwelling unit as available to adults-only if the person placing |
---|
| 1064 | + | 32.30the advertisement reasonably believes that the provisions of this section prohibiting |
---|
| 1065 | + | 32.31discrimination because of familial status do not apply to the dwelling unit. |
---|
| 1066 | + | 32Article 3 Sec. 15. |
---|
| 1067 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 33.1 Sec. 16. Minnesota Statutes 2022, section 363A.09, subdivision 2, is amended to read: |
---|
| 1068 | + | 33.2 Subd. 2.Real property interest; action by brokers, agents, and others.It is an unfair |
---|
| 1069 | + | 33.3discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent |
---|
| 1070 | + | 33.4thereof: |
---|
| 1071 | + | 33.5 (1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property |
---|
| 1072 | + | 33.6to any person or group of persons or to negotiate for the sale, rental, or lease of any real |
---|
| 1073 | + | 33.7property to any person or group of persons because of race, color, creed, religion, national |
---|
| 1074 | + | 33.8origin, sex, gender identity, marital status, status with regard to public assistance, disability, |
---|
| 1075 | + | 33.9sexual orientation, or familial status or represent that real property is not available for |
---|
| 1076 | + | 33.10inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold |
---|
| 1077 | + | 33.11any real property or any facilities of real property to or from any person or group of persons |
---|
| 1078 | + | 33.12because of race, color, creed, religion, national origin, sex, gender identity, marital status, |
---|
| 1079 | + | 33.13status with regard to public assistance, disability, sexual orientation, or familial status; or |
---|
| 1080 | + | 33.14 (2) to discriminate against any person because of race, color, creed, religion, national |
---|
| 1081 | + | 33.15origin, sex, gender identity, marital status, status with regard to public assistance, disability, |
---|
| 1082 | + | 33.16sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental |
---|
| 1083 | + | 33.17or lease of real property or in the furnishing of facilities or services in connection therewith; |
---|
| 1084 | + | 33.18or |
---|
| 1085 | + | 33.19 (3) to print, circulate, or post or cause to be printed, circulated, or posted any |
---|
| 1086 | + | 33.20advertisement or sign, or use any form of application for the purchase, rental, or lease of |
---|
| 1087 | + | 33.21any real property or make any record or inquiry in connection with the prospective purchase, |
---|
| 1088 | + | 33.22rental or lease of any real property, which expresses directly or indirectly, any limitation, |
---|
| 1089 | + | 33.23specification or discrimination as to race, color, creed, religion, national origin, sex, gender |
---|
| 1090 | + | 33.24identity, marital status, status with regard to public assistance, disability, sexual orientation, |
---|
| 1091 | + | 33.25or familial status or any intent to make any such limitation, specification, or discrimination |
---|
| 1092 | + | 33.26except that nothing in this clause shall be construed to prohibit the advertisement of a |
---|
| 1093 | + | 33.27dwelling unit as available to adults-only if the person placing the advertisement reasonably |
---|
| 1094 | + | 33.28believes that the provisions of this section prohibiting discrimination because of familial |
---|
| 1095 | + | 33.29status do not apply to the dwelling unit. |
---|
| 1096 | + | 33.30Sec. 17. Minnesota Statutes 2022, section 363A.09, subdivision 3, is amended to read: |
---|
| 1097 | + | 33.31 Subd. 3.Real property interest; action by financial institution.It is an unfair |
---|
| 1098 | + | 33.32discriminatory practice for a person, bank, banking organization, mortgage company, |
---|
| 1099 | + | 33.33insurance company, or other financial institution or lender to whom application is made for |
---|
| 1100 | + | 33Article 3 Sec. 17. |
---|
| 1101 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 34.1financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair |
---|
| 1102 | + | 34.2or maintenance of any real property or any agent or employee thereof: |
---|
| 1103 | + | 34.3 (1) to discriminate against any person or group of persons because of race, color, creed, |
---|
| 1104 | + | 34.4religion, national origin, sex, gender identity, marital status, status with regard to public |
---|
| 1105 | + | 34.5assistance, disability, sexual orientation, or familial status of the person or group of persons |
---|
| 1106 | + | 34.6or of the prospective occupants or tenants of the real property in the granting, withholding, |
---|
| 1107 | + | 34.7extending, modifying or renewing, or in the rates, terms, conditions, or privileges of the |
---|
| 1108 | + | 34.8financial assistance or in the extension of services in connection therewith; or |
---|
| 1109 | + | 34.9 (2) to use any form of application for the financial assistance or make any record or |
---|
| 1110 | + | 34.10inquiry in connection with applications for the financial assistance which expresses, directly |
---|
| 1111 | + | 34.11or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, |
---|
| 1112 | + | 34.12national origin, sex, gender identity, marital status, status with regard to public assistance, |
---|
| 1113 | + | 34.13disability, sexual orientation, or familial status or any intent to make any such limitation, |
---|
| 1114 | + | 34.14specification, or discrimination; or |
---|
| 1115 | + | 34.15 (3) to discriminate against any person or group of persons who desire to purchase, lease, |
---|
| 1116 | + | 34.16acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural |
---|
| 1117 | + | 34.17area or any part thereof solely because of the social, economic, or environmental conditions |
---|
| 1118 | + | 34.18of the area in the granting, withholding, extending, modifying, or renewing, or in the rates, |
---|
| 1119 | + | 34.19terms, conditions, or privileges of the financial assistance or in the extension of services in |
---|
| 1120 | + | 34.20connection therewith. |
---|
| 1121 | + | 34.21Sec. 18. Minnesota Statutes 2022, section 363A.09, subdivision 4, is amended to read: |
---|
| 1122 | + | 34.22 Subd. 4.Real property transaction.It is an unfair discriminatory practice for any real |
---|
| 1123 | + | 34.23estate broker or real estate salesperson, for the purpose of inducing a real property transaction |
---|
| 1124 | + | 34.24from which the person, the person's firm, or any of its members may benefit financially, to |
---|
| 1125 | + | 34.25represent that a change has occurred or will or may occur in the composition with respect |
---|
| 1126 | + | 34.26to race, creed, color, national origin, sex, gender identity, marital status, status with regard |
---|
| 1127 | + | 34.27to public assistance, sexual orientation, or disability of the owners or occupants in the block, |
---|
| 1128 | + | 34.28neighborhood, or area in which the real property is located, and to represent, directly or |
---|
| 1129 | + | 34.29indirectly, that this change will or may result in undesirable consequences in the block, |
---|
| 1130 | + | 34.30neighborhood, or area in which the real property is located, including but not limited to the |
---|
| 1131 | + | 34.31lowering of property values, an increase in criminal or antisocial behavior, or a decline in |
---|
| 1132 | + | 34.32the quality of schools or other public facilities. |
---|
| 1133 | + | 34Article 3 Sec. 18. |
---|
| 1134 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 35.1 Sec. 19. Minnesota Statutes 2022, section 363A.11, subdivision 1, is amended to read: |
---|
| 1135 | + | 35.2 Subdivision 1.Full and equal enjoyment of public accommodations.(a) It is an unfair |
---|
| 1136 | + | 35.3discriminatory practice: |
---|
| 1137 | + | 35.4 (1) to deny any person the full and equal enjoyment of the goods, services, facilities, |
---|
| 1138 | + | 35.5privileges, advantages, and accommodations of a place of public accommodation because |
---|
| 1139 | + | 35.6of race, color, creed, religion, disability, national origin, marital status, sexual orientation, |
---|
| 1140 | + | 35.7or sex, or gender identity, or for a taxicab company to discriminate in the access to, full |
---|
| 1141 | + | 35.8utilization of, or benefit from service because of a person's disability; or |
---|
| 1142 | + | 35.9 (2) for a place of public accommodation not to make reasonable accommodation to the |
---|
| 1143 | + | 35.10known physical, sensory, or mental disability of a disabled person. In determining whether |
---|
| 1144 | + | 35.11an accommodation is reasonable, the factors to be considered may include: |
---|
| 1145 | + | 35.12 (i) the frequency and predictability with which members of the public will be served by |
---|
| 1146 | + | 35.13the accommodation at that location; |
---|
| 1147 | + | 35.14 (ii) the size of the business or organization at that location with respect to physical size, |
---|
| 1148 | + | 35.15annual gross revenues, and the number of employees; |
---|
| 1149 | + | 35.16 (iii) the extent to which disabled persons will be further served from the accommodation; |
---|
| 1150 | + | 35.17 (iv) the type of operation; |
---|
| 1151 | + | 35.18 (v) the nature and amount of both direct costs and legitimate indirect costs of making |
---|
| 1152 | + | 35.19the accommodation and the reasonableness for that location to finance the accommodation; |
---|
| 1153 | + | 35.20and |
---|
| 1154 | + | 35.21 (vi) the extent to which any persons may be adversely affected by the accommodation. |
---|
| 1155 | + | 35.22 (b) State or local building codes control where applicable. Violations of state or local |
---|
| 1156 | + | 35.23building codes are not violations of this chapter and must be enforced under normal building |
---|
| 1157 | + | 35.24code procedures. |
---|
| 1158 | + | 35.25Sec. 20. Minnesota Statutes 2022, section 363A.11, subdivision 2, is amended to read: |
---|
| 1159 | + | 35.26 Subd. 2.General prohibitions.This subdivision lists general prohibitions against |
---|
| 1160 | + | 35.27discrimination on the basis of disability. For purposes of this subdivision, "individual" or |
---|
| 1161 | + | 35.28"class of individuals" refers to the clients or customers of the covered public accommodation |
---|
| 1162 | + | 35.29that enter into the contractual, licensing, or other arrangement. |
---|
| 1163 | + | 35.30 (1) It is discriminatory to: |
---|
| 1164 | + | 35Article 3 Sec. 20. |
---|
| 1165 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 36.1 (i) subject an individual or class of individuals on the basis of a disability of that |
---|
| 1166 | + | 36.2individual or class, directly or through contractual, licensing, or other arrangements, to a |
---|
| 1167 | + | 36.3denial of the opportunity of the individual or class to participate in or benefit from the goods, |
---|
| 1168 | + | 36.4services, facilities, privileges, advantages, or accommodations of an entity; |
---|
| 1169 | + | 36.5 (ii) afford an individual or class of individuals on the basis of the disability of that |
---|
| 1170 | + | 36.6individual or class, directly or through contractual, licensing, or other arrangements, with |
---|
| 1171 | + | 36.7the opportunity to participate in or benefit from the goods, services, facilities, privileges, |
---|
| 1172 | + | 36.8advantages, or accommodations that are not equal to those afforded to other individuals; |
---|
| 1173 | + | 36.9and |
---|
| 1174 | + | 36.10 (iii) provide an individual or class of individuals, on the basis of a disability of that |
---|
| 1175 | + | 36.11individual or class, directly or through contractual, licensing, or other arrangements, with |
---|
| 1176 | + | 36.12goods, services, facilities, privileges, advantages, or accommodations that are different or |
---|
| 1177 | + | 36.13separate from those provided to other individuals, unless the action is necessary to provide |
---|
| 1178 | + | 36.14the individual or class of individuals with goods, services, facilities, privileges, advantages, |
---|
| 1179 | + | 36.15or accommodations, or other opportunities that are as effective as those provided to others.; |
---|
| 1180 | + | 36.16and |
---|
| 1181 | + | 36.17 (iv) not provide a deaf or hard-of-hearing individual or class of deaf or hard-of-hearing |
---|
| 1182 | + | 36.18individuals with closed-captioned television when television services are provided to other |
---|
| 1183 | + | 36.19individuals. |
---|
| 1184 | + | 36.20 (2) Goods, services, facilities, privileges, advantages, and accommodations must be |
---|
| 1185 | + | 36.21afforded to an individual with a disability in the most integrated setting appropriate to the |
---|
| 1186 | + | 36.22needs of the individual. |
---|
| 1187 | + | 36.23 (3) Notwithstanding the existence of separate or different programs or activities provided |
---|
| 1188 | + | 36.24in accordance with sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the individual |
---|
| 1189 | + | 36.25with a disability may not be denied the opportunity to participate in the programs or activities |
---|
| 1190 | + | 36.26that are not separate or different. |
---|
| 1191 | + | 36.27 (4) An individual or entity may not, directly or through contractual or other arrangements, |
---|
| 1192 | + | 36.28use standards or criteria and methods of administration: |
---|
| 1193 | + | 36.29 (i) that have the effect of discriminating on the basis of disability; or |
---|
| 1194 | + | 36.30 (ii) that perpetuate the discrimination of others who are subject to common administrative |
---|
| 1195 | + | 36.31control. |
---|
| 1196 | + | 36.32 EFFECTIVE DATE.This section is effective August 1, 2024, for all places of public |
---|
| 1197 | + | 36.33accommodation. |
---|
| 1198 | + | 36Article 3 Sec. 20. |
---|
| 1199 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 37.1 Sec. 21. Minnesota Statutes 2022, section 363A.12, subdivision 1, is amended to read: |
---|
| 1200 | + | 37.2 Subdivision 1.Access to public service.It is an unfair discriminatory practice to |
---|
| 1201 | + | 37.3discriminate against any person in the access to, admission to, full utilization of or benefit |
---|
| 1202 | + | 37.4from any public service because of race, color, creed, religion, national origin, disability, |
---|
| 1203 | + | 37.5sex, gender identity, sexual orientation, or status with regard to public assistance or to fail |
---|
| 1204 | + | 37.6to ensure physical and program access for disabled persons unless the public service can |
---|
| 1205 | + | 37.7demonstrate that providing the access would impose an undue hardship on its operation. In |
---|
| 1206 | + | 37.8determining whether providing physical and program access would impose an undue |
---|
| 1207 | + | 37.9hardship, factors to be considered include: |
---|
| 1208 | + | 37.10 (1) the type and purpose of the public service's operation; |
---|
| 1209 | + | 37.11 (2) the nature and cost of the needed accommodation; |
---|
| 1210 | + | 37.12 (3) documented good faith efforts to explore less restrictive or less expensive alternatives; |
---|
| 1211 | + | 37.13and |
---|
| 1212 | + | 37.14 (4) the extent of consultation with knowledgeable disabled persons and organizations. |
---|
| 1213 | + | 37.15 Physical and program access must be accomplished within six months of June 7, 1983, |
---|
| 1214 | + | 37.16except for needed architectural modifications, which must be made within two years of June |
---|
| 1215 | + | 37.177, 1983. |
---|
| 1216 | + | 37.18Sec. 22. Minnesota Statutes 2022, section 363A.13, subdivision 1, is amended to read: |
---|
| 1217 | + | 37.19 Subdivision 1.Utilization; benefit or services.It is an unfair discriminatory practice |
---|
| 1218 | + | 37.20to discriminate in any manner in the full utilization of or benefit from any educational |
---|
| 1219 | + | 37.21institution, or the services rendered thereby to any person because of race, color, creed, |
---|
| 1220 | + | 37.22religion, national origin, sex, gender identity, age, marital status, status with regard to public |
---|
| 1221 | + | 37.23assistance, sexual orientation, or disability, or to fail to ensure physical and program access |
---|
| 1222 | + | 37.24for disabled persons. For purposes of this subdivision, program access includes but is not |
---|
| 1223 | + | 37.25limited to providing taped texts, interpreters or other methods of making orally delivered |
---|
| 1224 | + | 37.26materials available, readers in libraries, adapted classroom equipment, and similar auxiliary |
---|
| 1225 | + | 37.27aids or services. Program access does not include providing attendants, individually |
---|
| 1226 | + | 37.28prescribed devices, readers for personal use or study, or other devices or services of a |
---|
| 1227 | + | 37.29personal nature. |
---|
| 1228 | + | 37.30Sec. 23. Minnesota Statutes 2022, section 363A.13, subdivision 2, is amended to read: |
---|
| 1229 | + | 37.31 Subd. 2.Exclude, expel, or selection.It is an unfair discriminatory practice to exclude, |
---|
| 1230 | + | 37.32expel, or otherwise discriminate against a person seeking admission as a student, or a person |
---|
| 1231 | + | 37Article 3 Sec. 23. |
---|
| 1232 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 38.1enrolled as a student because of race, color, creed, religion, national origin, sex, gender |
---|
| 1233 | + | 38.2identity, age, marital status, status with regard to public assistance, sexual orientation, or |
---|
| 1234 | + | 38.3disability. |
---|
| 1235 | + | 38.4 Sec. 24. Minnesota Statutes 2022, section 363A.13, subdivision 3, is amended to read: |
---|
| 1236 | + | 38.5 Subd. 3.Admission form or inquiry.It is an unfair discriminatory practice to make or |
---|
| 1237 | + | 38.6use a written or oral inquiry, or form of application for admission that elicits or attempts to |
---|
| 1238 | + | 38.7elicit information, or to make or keep a record, concerning the creed, religion, gender identity, |
---|
| 1239 | + | 38.8sexual orientation, or disability of a person seeking admission, except as permitted by rules |
---|
| 1240 | + | 38.9of the department. |
---|
| 1241 | + | 38.10Sec. 25. Minnesota Statutes 2022, section 363A.13, subdivision 4, is amended to read: |
---|
| 1242 | + | 38.11 Subd. 4.Purpose for information and record.It is an unfair discriminatory practice |
---|
| 1243 | + | 38.12to make or use a written or oral inquiry or form of application that elicits or attempts to |
---|
| 1244 | + | 38.13elicit information, or to keep a record concerning the race, color, national origin, sex, gender |
---|
| 1245 | + | 38.14identity, sexual orientation, age, or marital status of a person seeking admission, unless the |
---|
| 1246 | + | 38.15information is collected for purposes of evaluating the effectiveness of recruitment, |
---|
| 1247 | + | 38.16admissions, and other educational policies, and is maintained separately from the application. |
---|
| 1248 | + | 38.17Sec. 26. Minnesota Statutes 2022, section 363A.15, is amended to read: |
---|
| 1249 | + | 38.18 363A.15 REPRISALS. |
---|
| 1250 | + | 38.19 It is an unfair discriminatory practice for any individual who participated in the alleged |
---|
| 1251 | + | 38.20discrimination as a perpetrator, employer, labor organization, employment agency, public |
---|
| 1252 | + | 38.21accommodation, public service, educational institution, or owner, lessor, lessee, sublessee, |
---|
| 1253 | + | 38.22assignee or managing agent of any real property, or any real estate broker, real estate |
---|
| 1254 | + | 38.23salesperson, or employee or agent thereof to intentionally engage in any reprisal against |
---|
| 1255 | + | 38.24any person because that person: |
---|
| 1256 | + | 38.25 (1) opposed a practice forbidden under this chapter or has filed a charge, testified, |
---|
| 1257 | + | 38.26assisted, or participated in any manner in an investigation, proceeding, or hearing under |
---|
| 1258 | + | 38.27this chapter; or |
---|
| 1259 | + | 38.28 (2) associated with a person or group of persons who are disabled or who are of different |
---|
| 1260 | + | 38.29race, color, creed, religion, gender identity, sexual orientation, or national origin. |
---|
| 1261 | + | 38.30 A reprisal includes, but is not limited to, any form of intimidation, retaliation, or |
---|
| 1262 | + | 38.31harassment. It is a reprisal for an employer to do any of the following with respect to an |
---|
| 1263 | + | 38Article 3 Sec. 26. |
---|
| 1264 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 39.1individual because that individual has engaged in the activities listed in clause (1) or (2): |
---|
| 1265 | + | 39.2refuse to hire the individual; depart from any customary employment practice; transfer or |
---|
| 1266 | + | 39.3assign the individual to a lesser position in terms of wages, hours, job classification, job |
---|
| 1267 | + | 39.4security, or other employment status; or inform another employer that the individual has |
---|
| 1268 | + | 39.5engaged in the activities listed in clause (1) or (2). |
---|
| 1269 | + | 39.6 Sec. 27. Minnesota Statutes 2022, section 363A.16, subdivision 1, is amended to read: |
---|
| 1270 | + | 39.7 Subdivision 1.Personal or commercial credit.It is an unfair discriminatory practice |
---|
| 1271 | + | 39.8to discriminate in the extension of personal or commercial credit to a person, or in the |
---|
| 1272 | + | 39.9requirements for obtaining credit, because of race, color, creed, religion, disability, national |
---|
| 1273 | + | 39.10origin, sex, gender identity, sexual orientation, or marital status, or due to the receipt of |
---|
| 1274 | + | 39.11federal, state, or local public assistance including medical assistance. |
---|
| 1275 | + | 39.12Sec. 28. Minnesota Statutes 2022, section 363A.17, is amended to read: |
---|
| 1276 | + | 39.13 363A.17 BUSINESS DISCRIMINATION. |
---|
| 1277 | + | 39.14 It is an unfair discriminatory practice for a person engaged in a trade or business or in |
---|
| 1278 | + | 39.15the provision of a service: |
---|
| 1279 | + | 39.16 (1) to refuse to do business with or provide a service to a woman based on her use of |
---|
| 1280 | + | 39.17her current or former surname; or |
---|
| 1281 | + | 39.18 (2) to impose, as a condition of doing business with or providing a service to a woman, |
---|
| 1282 | + | 39.19that a woman use her current surname rather than a former surname; or |
---|
| 1283 | + | 39.20 (3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate |
---|
| 1284 | + | 39.21in the basic terms, conditions, or performance of the contract because of a person's race, |
---|
| 1285 | + | 39.22national origin, color, sex, gender identity, sexual orientation, or disability, unless the alleged |
---|
| 1286 | + | 39.23refusal or discrimination is because of a legitimate business purpose. |
---|
| 1287 | + | 39.24 Nothing in this section shall prohibit positive action plans. |
---|
| 1288 | + | 39.25Sec. 29. Minnesota Statutes 2022, section 363A.21, subdivision 1, is amended to read: |
---|
| 1289 | + | 39.26 Subdivision 1.Housing.The provisions of section 363A.09 shall not apply to: |
---|
| 1290 | + | 39.27 (1) rooms in a temporary or permanent residence home run by a nonprofit organization, |
---|
| 1291 | + | 39.28if the discrimination is by sex; or |
---|
| 1292 | + | 39.29 (2) the rental by a resident owner or occupier of a one-family accommodation of a room |
---|
| 1293 | + | 39.30or rooms in the accommodation to another person or persons if the discrimination is by sex, |
---|
| 1294 | + | 39Article 3 Sec. 29. |
---|
| 1295 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 40.1gender identity, marital status, status with regard to public assistance, sexual orientation, |
---|
| 1296 | + | 40.2or disability. Except as provided elsewhere in this chapter or other state or federal law, no |
---|
| 1297 | + | 40.3person or group of persons selling, renting, or leasing property is required to modify the |
---|
| 1298 | + | 40.4property in any way, or exercise a higher degree of care for a person having a disability |
---|
| 1299 | + | 40.5than for a person who does not have a disability; nor shall this chapter be construed to relieve |
---|
| 1300 | + | 40.6any person or persons of any obligations generally imposed on all persons regardless of any |
---|
| 1301 | + | 40.7disability in a written lease, rental agreement, or contract of purchase or sale, or to forbid |
---|
| 1302 | + | 40.8distinctions based on the inability to fulfill the terms and conditions, including financial |
---|
| 1303 | + | 40.9obligations of the lease, agreement, or contract; or. |
---|
| 1304 | + | 40.10 (3) the rental by a resident owner of a unit in a dwelling containing not more than two |
---|
| 1305 | + | 40.11units, if the discrimination is on the basis of sexual orientation. |
---|
| 1306 | + | 40.12Sec. 30. [363A.265] GENERAL EXCLUSIONS. |
---|
| 1307 | + | 40.13 The physical or sexual attachment to children by an adult is not a protected class under |
---|
| 1308 | + | 40.14this chapter. |
---|
| 1309 | + | 40.15Sec. 31. REPEALER. |
---|
| 1310 | + | 40.16 Minnesota Statutes 2022, sections 363A.20, subdivision 3; and 363A.27, are repealed. |
---|
| 1311 | + | 40.17 ARTICLE 4 |
---|
| 1312 | + | 40.18 DATA |
---|
| 1313 | + | 40.19Section 1. Minnesota Statutes 2022, section 13.072, subdivision 1, is amended to read: |
---|
| 1314 | + | 40.20 Subdivision 1.Opinion; when required.(a) Upon request of a government entity, the |
---|
| 1315 | + | 40.21commissioner may give a written opinion on any question relating to public access to |
---|
| 1316 | + | 40.22government data, rights of subjects of data, or classification of data under this chapter or |
---|
| 1317 | + | 40.23other Minnesota statutes governing government data practices. Upon request of any person |
---|
| 1318 | + | 40.24who disagrees with a determination regarding data practices made by a government entity, |
---|
| 1319 | + | 40.25the commissioner may give a written opinion regarding the person's rights as a subject of |
---|
| 1320 | + | 40.26government data or right to have access to government data. |
---|
| 1321 | + | 40.27 (b) Upon request of a body subject to chapter 13D, the commissioner may give a written |
---|
| 1322 | + | 40.28opinion on any question relating to the body's duties under chapter 13D. Upon request of a |
---|
| 1323 | + | 40.29person who disagrees with the manner in which members of a governing body perform their |
---|
| 1324 | + | 40.30duties under chapter 13D, the commissioner may give a written opinion on compliance with |
---|
| 1325 | + | 40.31chapter 13D. A governing body or person requesting an opinion under this paragraph must |
---|
| 1326 | + | 40Article 4 Section 1. |
---|
| 1327 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 41.1pay the commissioner a fee of $200. Money received by the commissioner under this |
---|
| 1328 | + | 41.2paragraph is appropriated to the commissioner for the purposes of this section. |
---|
| 1329 | + | 41.3 (c) If the commissioner determines that no opinion will be issued, the commissioner |
---|
| 1330 | + | 41.4shall give the government entity or body subject to chapter 13D or person requesting the |
---|
| 1331 | + | 41.5opinion notice of the decision not to issue the opinion within five business days of receipt |
---|
| 1332 | + | 41.6of the request. Notice must be in writing. For notice by mail, the decision not to issue an |
---|
| 1333 | + | 41.7opinion is effective when placed with the United States Postal Service or with the central |
---|
| 1334 | + | 41.8mail system of the state of Minnesota. If this notice is not given, the commissioner shall |
---|
| 1335 | + | 41.9issue an opinion within 20 50 days of receipt of the request. |
---|
| 1336 | + | 41.10 (d) For good cause and upon written notice to the person requesting the opinion, the |
---|
| 1337 | + | 41.11commissioner may extend this deadline for one additional 30-day period. The notice must |
---|
| 1338 | + | 41.12state the reason for extending the deadline. The government entity or the members of a body |
---|
| 1339 | + | 41.13subject to chapter 13D must be provided a reasonable opportunity to explain the reasons |
---|
| 1340 | + | 41.14for its decision regarding the data or how they perform their duties under chapter 13D. The |
---|
| 1341 | + | 41.15commissioner or the government entity or body subject to chapter 13D may choose to give |
---|
| 1342 | + | 41.16notice to the subject of the data concerning the dispute regarding the data or compliance |
---|
| 1343 | + | 41.17with chapter 13D. |
---|
| 1344 | + | 41.18 (e) This section does not apply to a determination made by the commissioner of health |
---|
| 1345 | + | 41.19under section 13.3805, subdivision 1, paragraph (b), or 144.6581. |
---|
| 1346 | + | 41.20 (f) A written, numbered, and published opinion issued by the attorney general shall take |
---|
| 1347 | + | 41.21precedence over an opinion issued by the commissioner under this section. |
---|
| 1348 | + | 41.22Sec. 2. [13.204] POLITICAL SUBDIVISIONS LICENSING DATA. |
---|
| 1349 | + | 41.23 (a) The following data submitted to a political subdivision by a person seeking to obtain |
---|
| 1350 | + | 41.24a license are classified as private data on individuals or nonpublic data: |
---|
| 1351 | + | 41.25 (1) a tax return, as defined by section 270B.01, subdivision 2; and |
---|
| 1352 | + | 41.26 (2) a bank account statement. |
---|
| 1353 | + | 41.27 (b) Notwithstanding section 138.17, data collected by a political subdivision as part of |
---|
| 1354 | + | 41.28a license application and classified under paragraph (a) must be destroyed no later than 90 |
---|
| 1355 | + | 41.29days after a final decision on the license application. |
---|
| 1356 | + | 41.30 EFFECTIVE DATE.This section is effective the day following final enactment. Data |
---|
| 1357 | + | 41.31which a political subdivision collected or created before the effective date of this act, and |
---|
| 1358 | + | 41Article 4 Sec. 2. |
---|
| 1359 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 42.1which would otherwise be subject to the destruction requirement, must be destroyed no |
---|
| 1360 | + | 42.2later than 90 days following final enactment. |
---|
| 1361 | + | 42.3 Sec. 3. Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read: |
---|
| 1362 | + | 42.4 Subd. 3.Private data; when disclosure is permitted.Except as provided in subdivision |
---|
| 1363 | + | 42.55, educational data is private data on individuals and shall not be disclosed except as follows: |
---|
| 1364 | + | 42.6 (a) pursuant to section 13.05; |
---|
| 1365 | + | 42.7 (b) pursuant to a valid court order; |
---|
| 1366 | + | 42.8 (c) pursuant to a statute specifically authorizing access to the private data; |
---|
| 1367 | + | 42.9 (d) to disclose information in health, including mental health, and safety emergencies |
---|
| 1368 | + | 42.10pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code |
---|
| 1369 | + | 42.11of Federal Regulations, title 34, section 99.36; |
---|
| 1370 | + | 42.12 (e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), |
---|
| 1371 | + | 42.13(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, |
---|
| 1372 | + | 42.14title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39; |
---|
| 1373 | + | 42.15 (f) to appropriate health authorities to the extent necessary to administer immunization |
---|
| 1374 | + | 42.16programs and for bona fide epidemiologic investigations which the commissioner of health |
---|
| 1375 | + | 42.17determines are necessary to prevent disease or disability to individuals in the public |
---|
| 1376 | + | 42.18educational agency or institution in which the investigation is being conducted; |
---|
| 1377 | + | 42.19 (g) when disclosure is required for institutions that participate in a program under title |
---|
| 1378 | + | 42.20IV of the Higher Education Act, United States Code, title 20, section 1092; |
---|
| 1379 | + | 42.21 (h) to the appropriate school district officials to the extent necessary under subdivision |
---|
| 1380 | + | 42.226, annually to indicate the extent and content of remedial instruction, including the results |
---|
| 1381 | + | 42.23of assessment testing and academic performance at a postsecondary institution during the |
---|
| 1382 | + | 42.24previous academic year by a student who graduated from a Minnesota school district within |
---|
| 1383 | + | 42.25two years before receiving the remedial instruction; |
---|
| 1384 | + | 42.26 (i) to appropriate authorities as provided in United States Code, title 20, section |
---|
| 1385 | + | 42.271232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the |
---|
| 1386 | + | 42.28system to effectively serve, prior to adjudication, the student whose records are released; |
---|
| 1387 | + | 42.29provided that the authorities to whom the data are released submit a written request for the |
---|
| 1388 | + | 42.30data that certifies that the data will not be disclosed to any other person except as authorized |
---|
| 1389 | + | 42.31by law without the written consent of the parent of the student and the request and a record |
---|
| 1390 | + | 42.32of the release are maintained in the student's file; |
---|
| 1391 | + | 42Article 4 Sec. 3. |
---|
| 1392 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 43.1 (j) to volunteers who are determined to have a legitimate educational interest in the data |
---|
| 1393 | + | 43.2and who are conducting activities and events sponsored by or endorsed by the educational |
---|
| 1394 | + | 43.3agency or institution for students or former students; |
---|
| 1395 | + | 43.4 (k) to provide student recruiting information, from educational data held by colleges |
---|
| 1396 | + | 43.5and universities, as required by and subject to Code of Federal Regulations, title 32, section |
---|
| 1397 | + | 43.6216; |
---|
| 1398 | + | 43.7 (l) to the juvenile justice system if information about the behavior of a student who poses |
---|
| 1399 | + | 43.8a risk of harm is reasonably necessary to protect the health or safety of the student or other |
---|
| 1400 | + | 43.9individuals; |
---|
| 1401 | + | 43.10 (m) with respect to Social Security numbers of students in the adult basic education |
---|
| 1402 | + | 43.11system, to Minnesota State Colleges and Universities and the Department of Employment |
---|
| 1403 | + | 43.12and Economic Development for the purpose and in the manner described in section 124D.52, |
---|
| 1404 | + | 43.13subdivision 7; |
---|
| 1405 | + | 43.14 (n) to the commissioner of education for purposes of an assessment or investigation of |
---|
| 1406 | + | 43.15a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request |
---|
| 1407 | + | 43.16by the commissioner of education, data that are relevant to a report of maltreatment and are |
---|
| 1408 | + | 43.17from charter school and school district investigations of alleged maltreatment of a student |
---|
| 1409 | + | 43.18must be disclosed to the commissioner, including, but not limited to, the following: |
---|
| 1410 | + | 43.19 (1) information regarding the student alleged to have been maltreated; |
---|
| 1411 | + | 43.20 (2) information regarding student and employee witnesses; |
---|
| 1412 | + | 43.21 (3) information regarding the alleged perpetrator; and |
---|
| 1413 | + | 43.22 (4) what corrective or protective action was taken, if any, by the school facility in response |
---|
| 1414 | + | 43.23to a report of maltreatment by an employee or agent of the school or school district; |
---|
| 1415 | + | 43.24 (o) when the disclosure is of the final results of a disciplinary proceeding on a charge |
---|
| 1416 | + | 43.25of a crime of violence or nonforcible sex offense to the extent authorized under United |
---|
| 1417 | + | 43.26States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations, |
---|
| 1418 | + | 43.27title 34, sections 99.31(a)(13) and (14); |
---|
| 1419 | + | 43.28 (p) when the disclosure is information provided to the institution under United States |
---|
| 1420 | + | 43.29Code, title 42, section 14071, concerning registered sex offenders to the extent authorized |
---|
| 1421 | + | 43.30under United States Code, title 20, section 1232g(b)(7); or |
---|
| 1422 | + | 43.31 (q) when the disclosure is to a parent of a student at an institution of postsecondary |
---|
| 1423 | + | 43.32education regarding the student's violation of any federal, state, or local law or of any rule |
---|
| 1424 | + | 43Article 4 Sec. 3. |
---|
| 1425 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 44.1or policy of the institution, governing the use or possession of alcohol or of a controlled |
---|
| 1426 | + | 44.2substance, to the extent authorized under United States Code, title 20, section 1232g(i), and |
---|
| 1427 | + | 44.3Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has |
---|
| 1428 | + | 44.4an information release form signed by the student authorizing disclosure to a parent. The |
---|
| 1429 | + | 44.5institution must notify parents and students about the purpose and availability of the |
---|
| 1430 | + | 44.6information release forms. At a minimum, the institution must distribute the information |
---|
| 1431 | + | 44.7release forms at parent and student orientation meetings.; |
---|
| 1432 | + | 44.8 (r) a student's name, home address, telephone number, email address, or other personal |
---|
| 1433 | + | 44.9contact information may be disclosed to a public library for purposes of issuing a library |
---|
| 1434 | + | 44.10card to the student; or |
---|
| 1435 | + | 44.11 (s) with Tribal Nations about Tribally enrolled or descendant students to the extent |
---|
| 1436 | + | 44.12necessary for the Tribal Nation and school district or charter school to support the educational |
---|
| 1437 | + | 44.13attainment of the student. |
---|
| 1438 | + | 44.14Sec. 4. Minnesota Statutes 2022, section 13.32, subdivision 5, is amended to read: |
---|
| 1439 | + | 44.15 Subd. 5.Directory information.Information (a) Educational data designated as directory |
---|
| 1440 | + | 44.16information is public data on individuals to the extent required under federal law. Directory |
---|
| 1441 | + | 44.17information must be designated pursuant to the provisions of: |
---|
| 1442 | + | 44.18 (1) this subdivision; and |
---|
| 1443 | + | 44.19 (2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title |
---|
| 1444 | + | 44.2034, section 99.37, which are were in effect on January 3, 2012, is public data on individuals, |
---|
| 1445 | + | 44.21to the extent required under federal law. |
---|
| 1446 | + | 44.22 (b) When conducting the directory information designation and notice process required |
---|
| 1447 | + | 44.23by federal law, an educational agency or institution shall give parents and students notice |
---|
| 1448 | + | 44.24of the right to refuse to let the agency or institution designate any or all specified data about |
---|
| 1449 | + | 44.25the student as directory information. This notice may be given by any means reasonably |
---|
| 1450 | + | 44.26likely to inform the parents and students of the right. |
---|
| 1451 | + | 44.27 (c) An educational agency or institution may not designate a student's home address, |
---|
| 1452 | + | 44.28telephone number, email address, or other personal contact information as directory |
---|
| 1453 | + | 44.29information under this subdivision. This paragraph does not apply to a postsecondary |
---|
| 1454 | + | 44.30institution. |
---|
| 1455 | + | 44.31 (d) When requested, educational agencies or institutions must share personal student |
---|
| 1456 | + | 44.32contact information and directory information, whether public or private, with the Minnesota |
---|
| 1457 | + | 44.33Department of Education, as required for federal reporting purposes. |
---|
| 1458 | + | 44Article 4 Sec. 4. |
---|
| 1459 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 45.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 1460 | + | 45.2Beginning upon the effective date of this section, a student's personal contact information |
---|
| 1461 | + | 45.3subject to this section must be treated by an educational agency or institution as private |
---|
| 1462 | + | 45.4educational data under Minnesota Statutes, section 13.32, regardless of whether that contact |
---|
| 1463 | + | 45.5information was previously designated as directory information under Minnesota Statutes, |
---|
| 1464 | + | 45.6section 13.32, subdivision 5. |
---|
| 1465 | + | 45.7 Sec. 5. Minnesota Statutes 2022, section 13.643, subdivision 6, is amended to read: |
---|
| 1466 | + | 45.8 Subd. 6.Animal premises data.(a) Except for farmed Cervidae premises location data |
---|
| 1467 | + | 45.9collected and maintained under section 35.155, the following data collected and maintained |
---|
| 1468 | + | 45.10by the Board of Animal Health related to registration and identification of premises and |
---|
| 1469 | + | 45.11animals under chapter 35, are classified as private or nonpublic: |
---|
| 1470 | + | 45.12 (1) the names and addresses; |
---|
| 1471 | + | 45.13 (2) the location of the premises where animals are kept; and |
---|
| 1472 | + | 45.14 (3) the identification number of the premises or the animal. |
---|
| 1473 | + | 45.15 (b) Except as provided in section 347.58, subdivision 5, data collected and maintained |
---|
| 1474 | + | 45.16by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or |
---|
| 1475 | + | 45.17nonpublic. |
---|
| 1476 | + | 45.18 (c) The Board of Animal Health may disclose data collected under paragraph (a) or (b) |
---|
| 1477 | + | 45.19to any person, agency, or to the public if the board determines that the access will aid in the |
---|
| 1478 | + | 45.20law enforcement process or the protection of public or animal health or safety. |
---|
| 1479 | + | 45.21 ARTICLE 5 |
---|
| 1480 | + | 45.22 NOTARIES PUBLIC |
---|
| 1481 | + | 45.23Section 1. Minnesota Statutes 2022, section 357.17, is amended to read: |
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| 1482 | + | 45.24 357.17 NOTARIES PUBLIC. |
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| 1483 | + | 45.25 (a) The maximum fees to be charged and collected by a notary public shall be as follows: |
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| 1484 | + | 45.26 (1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such |
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| 1485 | + | 45.27bill; where protest is legally necessary, and copy thereof, $5; |
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| 1486 | + | 45.28 (2) for every other protest and copy, $5; |
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| 1487 | + | 45.29 (3) for making and serving every notice of nonpayment of note or nonacceptance of bill |
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| 1488 | + | 45.30and copy thereof, $5; |
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| 1489 | + | 45Article 5 Section 1. |
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| 1490 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 46.1 (4) for any affidavit or paper for which provision is not made herein, $5 per folio, and |
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| 1491 | + | 46.2$1 per folio for copies; |
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| 1492 | + | 46.3 (5) for each oath administered, $5; |
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| 1493 | + | 46.4 (6) for acknowledgments of deeds and for other services authorized by law, the legal |
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| 1494 | + | 46.5fees allowed other officers for like services; |
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| 1495 | + | 46.6 (7) for recording each instrument required by law to be recorded by the notary, $5 per |
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| 1496 | + | 46.7folio. |
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| 1497 | + | 46.8 (b) A notary public may charge a fee for performing a marriage in excess of the fees in |
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| 1498 | + | 46.9paragraph (a) if the notary is a member, director, or partner of an entity organized under |
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| 1499 | + | 46.10the laws of this state. |
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| 1500 | + | 46.11Sec. 2. Minnesota Statutes 2022, section 359.04, is amended to read: |
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| 1501 | + | 46.12 359.04 POWERS. |
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| 1502 | + | 46.13 Every notary public so appointed, commissioned, and qualified shall have power |
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| 1503 | + | 46.14throughout this state to administer all oaths required or authorized to be administered in |
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| 1504 | + | 46.15this state; to take and certify all depositions to be used in any of the courts of this state; to |
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| 1505 | + | 46.16take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and |
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| 1506 | + | 46.17other instruments in writing or electronic records; to receive, make out, and record notarial |
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| 1507 | + | 46.18protests; to perform civil marriages consistent with this chapter and chapter 517; and to |
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| 1508 | + | 46.19perform online remote notarial acts in compliance with the requirements of sections 358.645 |
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| 1509 | + | 46.20and 358.646. |
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| 1510 | + | 46.21Sec. 3. [359.115] CIVIL MARRIAGE OFFICIANT. |
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| 1511 | + | 46.22 (a) A notary public shall have the power to solemnize civil marriages throughout the |
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| 1512 | + | 46.23state if the notary public has filed a copy of the notary public's notary credentials with the |
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| 1513 | + | 46.24local registrar of a county in this state. When a local registrar records notary credentials for |
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| 1514 | + | 46.25a notary public, the local registrar shall provide a certificate of filing to the notary whose |
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| 1515 | + | 46.26credentials are recorded. A notary public shall endorse and record the county where the |
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| 1516 | + | 46.27notary public's credentials are recorded upon each certificate of civil marriage granted by |
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| 1517 | + | 46.28the notary. |
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| 1518 | + | 46.29 (b) A past or current Minnesota elected official, who was elected to a local government |
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| 1519 | + | 46.30office or to a state or federal government office, shall have the power to solemnize a civil |
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| 1520 | + | 46.31marriage throughout the state if the elected official has filed a copy of the elected official's |
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| 1521 | + | 46.32certificate of election with the local registrar of a county in this state. When a local registrar |
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| 1522 | + | 46Article 5 Sec. 3. |
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| 1523 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 47.1records an elected official's credentials, the local registrar shall provide a certificate of filing |
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| 1524 | + | 47.2that the elected official's credentials are recorded, and the elected official shall endorse and |
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| 1525 | + | 47.3record the county where the elected official's credentials are recorded upon each certificate |
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| 1526 | + | 47.4of civil marriage granted by the elected official. |
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| 1527 | + | 47.5 Sec. 4. Minnesota Statutes 2022, section 517.04, is amended to read: |
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| 1528 | + | 47.6 517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES. |
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| 1529 | + | 47.7 Civil marriages may be solemnized throughout the state by an individual who has attained |
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| 1530 | + | 47.8the age of 21 years and is a judge of a court of record, a retired judge of a court of record, |
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| 1531 | + | 47.9a court administrator, a retired court administrator with the approval of the chief judge of |
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| 1532 | + | 47.10the judicial district, a former court commissioner who is employed by the court system or |
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| 1533 | + | 47.11is acting pursuant to an order of the chief judge of the commissioner's judicial district, a |
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| 1534 | + | 47.12notary authorized by the Office of the Secretary of State, a past or current Minnesota elected |
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| 1535 | + | 47.13official authorized by section 359.115, the residential school superintendent of the Minnesota |
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| 1536 | + | 47.14State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or |
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| 1537 | + | 47.15ordained minister of any religious denomination, or by any mode recognized in section |
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| 1538 | + | 47.16517.18. For purposes of this section, a court of record includes the Office of Administrative |
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| 1539 | + | 47.17Hearings under section 14.48. |
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| 1540 | + | 47.18 ARTICLE 6 |
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| 1541 | + | 47.19 HEALTH CARE MEDIATION |
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| 1542 | + | 47.20Section 1. [145.685] COMMUNICA TION AND RESOLUTION AFTER A HEALTH |
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| 1543 | + | 47.21CARE ADVERSE INCIDENT. |
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| 1544 | + | 47.22 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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| 1545 | + | 47.23the meanings given. |
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| 1546 | + | 47.24 (b) "Health care adverse incident" means an objective and definable outcome arising |
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| 1547 | + | 47.25from or related to patient care that results in the death or physical injury of a patient. |
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| 1548 | + | 47.26 (c) "Health care provider" means a person who is licensed, certified, or registered, or |
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| 1549 | + | 47.27otherwise permitted by state law, to administer health care in the ordinary course of business |
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| 1550 | + | 47.28or in the practice of a profession and practices at a health facility. |
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| 1551 | + | 47.29 (d) "Health facility" means a hospital or outpatient surgical center licensed under sections |
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| 1552 | + | 47.30144.50 to 144.56; a medical, dental, or health care clinic; a diagnostic laboratory; or a |
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| 1553 | + | 47.31birthing center licensed under section 144.615. The definition of health facility includes |
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| 1554 | + | 47Article 6 Section 1. |
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| 1555 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 48.1any corporation, professional corporation, partnership, limited liability company, limited |
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| 1556 | + | 48.2liability partnership, or other entity comprised of health facilities or health care providers. |
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| 1557 | + | 48.3 (e) "Open discussion" means all communications that are made during an open discussion |
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| 1558 | + | 48.4process under this section and includes memoranda, work product, documents, and other |
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| 1559 | + | 48.5materials that are prepared for or submitted in the course of or in connection with |
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| 1560 | + | 48.6communications made under this section. Open discussion does not include any |
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| 1561 | + | 48.7communication, memoranda, work product, or other materials that would otherwise be |
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| 1562 | + | 48.8subject to discovery and were not prepared specifically for use in an open discussion pursuant |
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| 1563 | + | 48.9to this section. |
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| 1564 | + | 48.10 (f) "Patient" means a person who receives health care from a health care provider. If the |
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| 1565 | + | 48.11patient is under 18 years of age and is not an emancipated minor, the definition of patient |
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| 1566 | + | 48.12includes the patient's legal guardian or parent. If the patient is deceased or incapacitated, |
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| 1567 | + | 48.13the definition of patient includes the patient's legal representative. |
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| 1568 | + | 48.14 Subd. 2.Engaging in an open discussion.(a) If a health care adverse incident occurs, |
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| 1569 | + | 48.15a health care provider involved in the health care adverse incident, the health facility involved |
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| 1570 | + | 48.16in the health care adverse incident, or both jointly may provide the patient with written |
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| 1571 | + | 48.17notice of their desire to enter into an open discussion with the patient to discuss potential |
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| 1572 | + | 48.18outcomes following a health care adverse incident in accordance with this section. A health |
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| 1573 | + | 48.19facility may designate a person or class of persons who has the authority to provide the |
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| 1574 | + | 48.20notice on behalf of the health facility. The patient involved in the health care adverse incident |
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| 1575 | + | 48.21may provide oral notice to the health care provider, the health facility involved in the health |
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| 1576 | + | 48.22care adverse incident, or both, of the patient's desire to enter into an open discussion with |
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| 1577 | + | 48.23either the health care provider, or the health care provider and health facility jointly, to |
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| 1578 | + | 48.24discuss potential outcomes following a health care adverse incident in accordance with this |
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| 1579 | + | 48.25section. |
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| 1580 | + | 48.26 (b) If a health care provider or health facility decides to enter into an open discussion |
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| 1581 | + | 48.27as specified in this section, the written notice must be sent to the patient within 365 days |
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| 1582 | + | 48.28from the date the health care provider or the health facility knew, or through the use of |
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| 1583 | + | 48.29diligence should have known, of the health care adverse incident. The notice must include: |
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| 1584 | + | 48.30 (1) the health care provider, health facility, or both jointly desire to pursue an open |
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| 1585 | + | 48.31discussion in accordance with this section; |
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| 1586 | + | 48.32 (2) the patient's right to receive a copy of the medical records related to the health care |
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| 1587 | + | 48.33adverse incident and the patient's right to authorize the release of the patient's medical |
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| 1588 | + | 48.34records related to the health care adverse incident to a third party; |
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| 1589 | + | 48Article 6 Section 1. |
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| 1590 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 49.1 (3) the patient's right to seek legal counsel and to have legal counsel present throughout |
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| 1591 | + | 49.2the open discussion process; |
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| 1592 | + | 49.3 (4) a copy of section 541.076 with notice that the time for a patient to bring a lawsuit is |
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| 1593 | + | 49.4limited under section 541.076 and will not be extended by engaging in an open discussion |
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| 1594 | + | 49.5under this section unless all parties agree in writing to an extension; |
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| 1595 | + | 49.6 (5) that if the patient chooses to engage in an open discussion with the health care |
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| 1596 | + | 49.7provider, health facility, or jointly with both, all communications made during the course |
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| 1597 | + | 49.8of the open discussion process, including communications regarding the initiation of an |
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| 1598 | + | 49.9open discussion are: |
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| 1599 | + | 49.10 (i) privileged and confidential; |
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| 1600 | + | 49.11 (ii) not subject to discovery, subpoena, or other means of legal compulsion for release; |
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| 1601 | + | 49.12and |
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| 1602 | + | 49.13 (iii) not admissible as evidence in a proceeding arising directly out of the health care |
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| 1603 | + | 49.14adverse incident, including a judicial, administrative, or arbitration proceeding; and |
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| 1604 | + | 49.15 (6) that any communications, memoranda, work product, documents, or other material |
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| 1605 | + | 49.16that are otherwise subject to discovery and not prepared specifically for use in an open |
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| 1606 | + | 49.17discussion under this section are not confidential. |
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| 1607 | + | 49.18 (c) If the patient agrees to engage in an open discussion with a health care provider, |
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| 1608 | + | 49.19health facility, or jointly with both, the agreement must be in writing and must state that |
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| 1609 | + | 49.20the patient has received the notice described in paragraph (b). |
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| 1610 | + | 49.21 (d) Upon agreement to engage in an open discussion, the patient, health care provider, |
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| 1611 | + | 49.22or health facility may include other persons in the open discussion process. All other persons |
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| 1612 | + | 49.23included in the open discussion must be advised of the parameters of communications made |
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| 1613 | + | 49.24during the open discussion process specified under paragraph (b), clauses (5) and (6). |
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| 1614 | + | 49.25 (e) If a health care provider or health facility decides to engage in an open discussion, |
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| 1615 | + | 49.26the health care provider or health facility may: |
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| 1616 | + | 49.27 (1) investigate how the health care adverse incident occurred, including gathering |
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| 1617 | + | 49.28information regarding the medical care or treatment and disclose the results of the |
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| 1618 | + | 49.29investigation to the patient; |
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| 1619 | + | 49.30 (2) openly communicate to the patient the steps the health care provider or health facility |
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| 1620 | + | 49.31will take to prevent future occurrences of the health care adverse incident; and |
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| 1621 | + | 49Article 6 Section 1. |
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| 1622 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 50.1 (3) determine that no offer of compensation for the health care adverse incident is |
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| 1623 | + | 50.2warranted or that an offer of compensation for the health care adverse incident is warranted. |
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| 1624 | + | 50.3 (f) If a health care provider or health facility determines that no offer of compensation |
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| 1625 | + | 50.4is warranted, the health care provider or health facility shall orally communicate that decision |
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| 1626 | + | 50.5to the patient. |
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| 1627 | + | 50.6 (g) If a health care provider or a health facility determines that an offer of compensation |
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| 1628 | + | 50.7is warranted, the health care provider or health facility shall provide the patient with a written |
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| 1629 | + | 50.8offer of compensation. If an offer of compensation is made under this paragraph, and the |
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| 1630 | + | 50.9patient is not represented by legal counsel, the health care provider or health facility shall: |
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| 1631 | + | 50.10 (1) advise the patient of the patient's right to seek legal counsel regarding the offer of |
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| 1632 | + | 50.11compensation and encourage the patient to seek legal counsel; and |
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| 1633 | + | 50.12 (2) provide notice to the patient that the patient may be legally required to repay medical |
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| 1634 | + | 50.13and other expenses that were paid by a third party on the patient's behalf, including private |
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| 1635 | + | 50.14health insurance, Medicaid, or Medicare, along with an itemized statement from the health |
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| 1636 | + | 50.15provider showing all charges and third-party payments. |
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| 1637 | + | 50.16 (h) Except for an offer of compensation made under paragraph (g), open discussions |
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| 1638 | + | 50.17between the health care provider or health facility and the patient about compensation shall |
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| 1639 | + | 50.18not be in writing. |
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| 1640 | + | 50.19 Subd. 3.Confidentiality of open discussions and offers of compensation.(a) Open |
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| 1641 | + | 50.20discussion communications made under this section, including offers of compensation made |
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| 1642 | + | 50.21under subdivision 2: |
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| 1643 | + | 50.22 (1) do not constitute an admission of liability; |
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| 1644 | + | 50.23 (2) are privileged and confidential and shall not be disclosed; |
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| 1645 | + | 50.24 (3) are not admissible as evidence in any subsequent judicial, administrative, or arbitration |
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| 1646 | + | 50.25proceeding arising directly out of the health care adverse incident, except as provided in |
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| 1647 | + | 50.26paragraph (b); |
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| 1648 | + | 50.27 (4) are not subject to discovery, subpoena, or other means of legal compulsion for release; |
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| 1649 | + | 50.28and |
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| 1650 | + | 50.29 (5) shall not be disclosed by any party in any subsequent judicial, administrative, or |
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| 1651 | + | 50.30arbitration proceeding arising directly out of the health care adverse incident. |
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| 1652 | + | 50.31 (b) A party may move the court or other decision maker in a subsequent proceeding to |
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| 1653 | + | 50.32adjudicate the matter to admit as evidence a communication made during an open discussion |
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| 1654 | + | 50Article 6 Section 1. |
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| 1655 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 51.1that contradicts a statement made during the proceeding. The court or other decision maker |
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| 1656 | + | 51.2shall allow a communication made during an open discussion that contradicts a statement |
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| 1657 | + | 51.3made at a subsequent proceeding to adjudicate the matter into evidence only if the |
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| 1658 | + | 51.4communication made during an open discussion is material to the claims presented in the |
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| 1659 | + | 51.5subsequent proceeding. |
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| 1660 | + | 51.6 (c) Communications, memoranda, work product, documents, and other materials that |
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| 1661 | + | 51.7are otherwise subject to discovery and that were not prepared specifically for use in an open |
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| 1662 | + | 51.8discussion under this section are not confidential. |
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| 1663 | + | 51.9 (d) The limitation on disclosure imposed by this subdivision includes disclosure during |
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| 1664 | + | 51.10any discovery conducted as part of a subsequent adjudicatory proceeding, and a court or |
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| 1665 | + | 51.11other adjudicatory body shall not compel any person who engages in an open discussion |
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| 1666 | + | 51.12under this section to disclose confidential communications or agreements made under this |
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| 1667 | + | 51.13section. |
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| 1668 | + | 51.14 (e) This subdivision does not affect any other law, rule, or requirement with respect to |
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| 1669 | + | 51.15confidentiality. |
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| 1670 | + | 51.16 Subd. 4.Payment and resolution.(a) If a patient accepts an offer of compensation |
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| 1671 | + | 51.17made pursuant to this section, and payment of compensation is made to a patient as a result, |
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| 1672 | + | 51.18the payment to the patient is not payment resulting from: |
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| 1673 | + | 51.19 (1) a written claim or demand for payment; |
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| 1674 | + | 51.20 (2) a final judgment, settlement, or arbitration award against a health care institution for |
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| 1675 | + | 51.21medical malpractice purposes; or |
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| 1676 | + | 51.22 (3) a malpractice claim settled or in which judgment is rendered against a health care |
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| 1677 | + | 51.23professional for purposes of reporting by malpractice insurance companies under sections |
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| 1678 | + | 51.24146A.03, 147.111, 147A.14, 148.102, 148.263, 148B.381, 148F.205, 150A.13, and 153.24. |
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| 1679 | + | 51.25 (b) A health care provider or health facility may require, as a condition of an offer of |
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| 1680 | + | 51.26compensation made pursuant to this section, a patient to execute all documents and obtain |
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| 1681 | + | 51.27any necessary court approval to resolve a health care adverse incident. The parties shall |
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| 1682 | + | 51.28negotiate the form of the documents to be executed and obtain court approval as necessary. |
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| 1683 | + | 51.29 Subd. 5.Sunset.This section sunsets on June 30, 2031. |
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| 1684 | + | 51.30 Subd. 6.Applicability.This section applies only to health care adverse incidents that |
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| 1685 | + | 51.31occur on or after August 1, 2023. |
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| 1686 | + | 51Article 6 Section 1. |
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| 1687 | + | REVISOR KLL H0447-2HF447 SECOND ENGROSSMENT 346.02 FINDER TO GIVE NOTICE; PENALTY. |
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| 1688 | + | A person who finds an estray and knows who owns it shall notify the owner within seven days |
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| 1689 | + | after finding the estray and request the owner to pay all reasonable charges and take such estray |
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| 1690 | + | away. A finder who does not know who owns the estray shall within ten days file a notice with the |
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| 1691 | + | town clerk. The clerk shall transmit a copy thereof to the county recorder, who shall record the |
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| 1692 | + | same in a book designated "estray book." The finder shall give posted notice of the finding of the |
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| 1693 | + | estray in said town. The notice shall briefly describe the estray, giving its marks, natural and artificial, |
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| 1694 | + | as nearly as practicable, naming the residence of the finder, and specifying the town, section, and |
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| 1695 | + | time when taken up. For failure to give such notice, the finder shall be liable to the owner of the |
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| 1696 | + | estray in double the amount of damages sustained by the owner thereby. |
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| 1697 | + | 363A.20 EXEMPTION BASED ON EMPLOYMENT . |
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| 1698 | + | Subd. 3.Nonpublic service organization.The provisions of section 363A.08 shall not apply |
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| 1699 | + | to a nonpublic service organization whose primary function is providing occasional services to |
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| 1700 | + | minors, such as youth sports organizations, scouting organizations, boys' or girls' clubs, programs |
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| 1701 | + | providing friends, counselors, or role models for minors, youth theater, dance, music or artistic |
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| 1702 | + | organizations, agricultural organizations for minors, including 4-H clubs, and other youth |
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| 1703 | + | organizations, with respect to qualifications of employees or volunteers based on sexual orientation. |
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| 1704 | + | 363A.27 CONSTRUCTION OF LAW. |
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| 1705 | + | Nothing in this chapter shall be construed to: |
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| 1706 | + | (1) mean the state of Minnesota condones homosexuality or bisexuality or any equivalent |
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| 1707 | + | lifestyle; |
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| 1708 | + | (2) authorize or permit the promotion of homosexuality or bisexuality in education institutions |
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| 1709 | + | or require the teaching in education institutions of homosexuality or bisexuality as an acceptable |
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| 1710 | + | lifestyle; |
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| 1711 | + | (3) authorize or permit the use of numerical goals or quotas, or other types of affirmative action |
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| 1712 | + | programs, with respect to homosexuality or bisexuality in the administration or enforcement of the |
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| 1713 | + | provisions of this chapter; or |
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| 1714 | + | (4) authorize the recognition of or the right of marriage between persons of the same sex. |
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| 1715 | + | 504B.305 NOTICE OF SEIZURE PROVISION. |
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| 1716 | + | Landlords shall give written notice to tenants of the provision relating to seizures in section |
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| 1717 | + | 504B.301. Failure to give such notice does not subject the landlord to criminal or civil liability and |
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| 1718 | + | is not a defense under section 609.5317, subdivision 3. |
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| 1719 | + | 582.14 LIMITATION ON OLD FORECLOSURE ACTIONS. |
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| 1720 | + | No action or proceeding to foreclose a real estate mortgage executed prior to November 1, 1909, |
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| 1721 | + | shall be maintained after January 1, 1946, unless prior to said date the owner of said mortgage shall |
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| 1722 | + | have filed in the office of the county recorder of the county in which is located the real estate covered |
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| 1723 | + | thereby, a notice setting forth the name of the claimant, a description of said real estate and of said |
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| 1724 | + | mortgage including the volume and page at which it is of record and a statement of the amount |
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| 1725 | + | claimed to be due thereon. Such notices may be discharged in the same manner as notices of lis |
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| 1726 | + | pendens, and, so discharged, shall, together with all information included therein, cease to constitute |
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| 1727 | + | either actual or constructive notice. |
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