36 | | - | Introduction and first reading16601/12/2023 |
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37 | | - | Referred to Judiciary and Public Safety |
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38 | | - | Comm report: To pass as amended5909a04/25/2023 |
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39 | | - | Joint rule 2.03, referred to Rules and Administration5947 |
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40 | | - | Comm report: Adopt previous comm report Jt rule 2.03 suspended05/01/2023 |
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41 | | - | Second reading |
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42 | | - | Rule 45-amend, subst. General Orders HF44705/02/2023 2.1 (b) Notwithstanding section 138.17, data collected by a political subdivision as part of |
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43 | | - | 2.2a license application and classified under paragraph (a) must be destroyed no later than 90 |
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44 | | - | 2.3days after a final decision on the license application. |
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45 | | - | 2.4 EFFECTIVE DATE.This section is effective the day following final enactment. Data |
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46 | | - | 2.5which a political subdivision collected or created before the effective date of this section, |
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47 | | - | 2.6and which would otherwise be subject to the destruction requirement in paragraph (b), must |
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48 | | - | 2.7be destroyed no later than 90 days following final enactment. |
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49 | | - | 2.8 Sec. 2. Minnesota Statutes 2022, section 13.72, subdivision 19, is amended to read: |
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50 | | - | 2.9 Subd. 19.Transit customer data.(a) The following data on applicants, users, and |
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51 | | - | 2.10customers of public transit are private data on individuals: (1) data collected by or through |
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52 | | - | 2.11a government entity's personalized web services or the Metropolitan Council's regional fare |
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53 | | - | 2.12collection system are private data on individuals; and (2) data collected by telephone or |
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54 | | - | 2.13through a third-party software program for the purposes of booking and using public transit |
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55 | | - | 2.14services. As used in this subdivision, the following terms have the meanings given them: |
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56 | | - | 2.15 (1) "regional fare collection system" means the fare collection system created and |
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57 | | - | 2.16administered by the council that is used for collecting fares or providing fare cards or passes |
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58 | | - | 2.17for transit services which includes: |
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59 | | - | 2.18 (i) regular route bus service within the metropolitan area and paratransit service, whether |
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60 | | - | 2.19provided by the council or by other providers of regional transit service; |
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61 | | - | 2.20 (ii) light rail transit service within the metropolitan area; |
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62 | | - | 2.21 (iii) rideshare programs administered by the council; |
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63 | | - | 2.22 (iv) special transportation services provided under section 473.386; and |
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64 | | - | 2.23 (v) commuter rail service; |
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65 | | - | 2.24 (2) "personalized web services" means services for which transit service applicants, |
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66 | | - | 2.25users, and customers must establish a user account; and |
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67 | | - | 2.26 (3) "metropolitan area" means the area defined in section 473.121, subdivision 2.; and |
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68 | | - | 2.27 (4) "third-party software program" means a software program that is proprietary to a |
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69 | | - | 2.28third party, including a third-party software program commonly known as a mobile app, |
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70 | | - | 2.29that collects and uses a public transit customer's name and other personally identifiable |
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71 | | - | 2.30information, pick-up and drop-off locations, and other trip data for the purposes of booking |
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72 | | - | 2.31and using public transit services. |
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73 | | - | 2Article 1 Sec. 2. |
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74 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 3.1 (b) A government entity may disseminate data on user and customer transaction history |
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75 | | - | 3.2and fare card use to government entities, organizations, school districts, educational |
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76 | | - | 3.3institutions, and employers that subsidize or provide fare cards to their clients, students, or |
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77 | | - | 3.4employees. "Data on user and customer transaction history and fare card use" means: |
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78 | | - | 3.5 (1) the date a fare card was used; |
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79 | | - | 3.6 (2) the time a fare card was used; |
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80 | | - | 3.7 (3) the mode of travel; |
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81 | | - | 3.8 (4) the type of fare product used; and |
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82 | | - | 3.9 (5) information about the date, time, and type of fare product purchased. |
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83 | | - | 3.10Government entities, organizations, school districts, educational institutions, and employers |
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84 | | - | 3.11may use customer transaction history and fare card use data only for purposes of measuring |
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85 | | - | 3.12and promoting fare card use and evaluating the cost-effectiveness of their fare card programs. |
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86 | | - | 3.13If a user or customer requests in writing that the council limit the disclosure of transaction |
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87 | | - | 3.14history and fare card use, the council may disclose only the card balance and the date a card |
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88 | | - | 3.15was last used. |
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89 | | - | 3.16 (c) A government entity may disseminate transit service applicant, user, and customer |
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90 | | - | 3.17data to another government entity to prevent unlawful intrusion into government electronic |
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91 | | - | 3.18systems, or as otherwise provided by law. |
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92 | | - | 3.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
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93 | | - | 3.20 Sec. 3. Minnesota Statutes 2022, section 13.72, is amended by adding a subdivision to |
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94 | | - | 3.21read: |
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95 | | - | 3.22 Subd. 20.Transit assistance program data.(a) Data on applicants and users of |
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96 | | - | 3.23Metropolitan Council programs established under section 473.387, subdivision 4, are |
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97 | | - | 3.24classified as private data on individuals under section 13.02, subdivision 12. |
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98 | | - | 3.25 (b) The council may disclose transit assistance program data to public or private agencies |
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99 | | - | 3.26or organizations for the purposes of administering and coordinating human services programs |
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100 | | - | 3.27and other support services for the applicants or users. |
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101 | | - | 3.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
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102 | | - | 3Article 1 Sec. 3. |
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103 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 4.1 Sec. 4. [13.991] JUDICIAL OFFICIAL DATA; PERSONAL INFORMATION. |
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104 | | - | 4.2 Personal information of all judicial officials collected, created, or maintained by a |
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105 | | - | 4.3government entity is private data on individuals. For purposes of this section, the terms |
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106 | | - | 4.4"personal information" and "judicial official" have the meanings given in section 480.40, |
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107 | | - | 4.5subdivision 1. |
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108 | | - | 4.6 Sec. 5. Minnesota Statutes 2022, section 473.387, subdivision 4, is amended to read: |
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109 | | - | 4.7 Subd. 4.Transit disadvantaged.The council shall establish a program and policies to |
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110 | | - | 4.8reduce transportation costs for persons who are, because of limited incomes, age, disability, |
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111 | | - | 4.9or other reasons, especially dependent on public transit for common mobility. Data on |
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112 | | - | 4.10applicants and users of council programs under this subdivision are classified as private |
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113 | | - | 4.11data on individuals under section 13.72, subdivision 20. |
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114 | | - | 4.12 EFFECTIVE DATE.This section is effective the day following final enactment. |
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115 | | - | 4.13 Sec. 6. [480.40] PERSONAL INFORMATION; CONFIDENTIALITY. |
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116 | | - | 4.14 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have |
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117 | | - | 4.15the meanings given. |
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118 | | - | 4.16 (b) "Judicial official" includes: |
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119 | | - | 4.17 (1) every Minnesota district court judge, senior judge, and every judge of the Minnesota |
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120 | | - | 4.18Court of Appeals and every active, senior, recalled, or retired federal judge who resides in |
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121 | | - | 4.19Minnesota; |
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122 | | - | 4.20 (2) each justice of the Minnesota Supreme Court; and |
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123 | | - | 4.21 (3) all employees of the Minnesota judicial branch. |
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124 | | - | 4.22 (c) "Personal information" means: |
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125 | | - | 4.23 (1) the home address of a judicial official; |
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126 | | - | 4.24 (2) the home address of the spouse, domestic partner, or children of a judicial official; |
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127 | | - | 4.25 (3) a nonjudicial branch issued telephone number or email address of a judicial official; |
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128 | | - | 4.26 (4) the name of any child of a judicial official; and |
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129 | | - | 4.27 (5) the name of any childcare facility or school that is attended by a child of a judicial |
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130 | | - | 4.28official. |
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131 | | - | 4Article 1 Sec. 6. |
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132 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 5.1 Subd. 2.Confidentiality.The personal information of all judicial officials maintained |
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133 | | - | 5.2by a person, business, or association shall be confidential and no person, business, or |
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134 | | - | 5.3association shall publicly post, display, or otherwise make publicly available on the Internet |
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135 | | - | 5.4the personal information of any judicial official. Personal information shall be kept in a |
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136 | | - | 5.5secure manner to prevent unauthorized access. Personal information may be disseminated |
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137 | | - | 5.6pursuant to a specific authorization in law or with the written consent of the judicial official. |
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138 | | - | 5.7 Sec. 7. [484.94] ATTORNEY ACCESS TO COURT RECORDS. |
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139 | | - | 5.8 An attorney who is admitted and licensed to practice law in the state may apply for a |
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140 | | - | 5.9Minnesota Government Access account to access electronic court records and documents |
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141 | | - | 5.10stored in the Minnesota Court Information System for cases in state district courts. An |
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142 | | - | 5.11attorney shall be able to view and print case documents and information without cost to the |
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143 | | - | 5.12attorney. |
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144 | | - | 5.13 Sec. 8. Minnesota Statutes 2022, section 609.5151, is amended to read: |
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145 | | - | 5.14 609.5151 DISSEMINATION OF PERSONAL INFORMATION ABOUT LAW |
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146 | | - | 5.15ENFORCEMENT OR THE JUDICIARY PROHIBITED; PENALTY. |
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147 | | - | 5.16 Subdivision 1.Definitions.As used in this section: |
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148 | | - | 5.17 (1) "family or household member" has the meaning given in section 518B.01, subdivision |
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149 | | - | 5.182; |
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150 | | - | 5.19 (2) "judicial official" includes: |
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151 | | - | 5.20 (i) every Minnesota district court judge, senior judge, and every judge of the Minnesota |
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152 | | - | 5.21Court of Appeals and every active, senior, recalled, or retired federal judge who resides in |
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153 | | - | 5.22Minnesota; |
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154 | | - | 5.23 (ii) each justice of the Minnesota Supreme Court; and |
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155 | | - | 5.24 (iii) all employees of the Minnesota judicial branch; |
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156 | | - | 5.25 (3) "law enforcement official" means both peace officers as defined in section 626.84, |
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157 | | - | 5.26subdivision 1, and persons employed by a law enforcement agency; and |
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158 | | - | 5.27 (3) (4) "personal information" means a home address, directions to a home, or |
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159 | | - | 5.28photographs of a home. |
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160 | | - | 5.29 Subd. 2.Crime described.(a) It is a misdemeanor for a person to knowingly and without |
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161 | | - | 5.30consent make publicly available, including but not limited to through the Internet, personal |
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162 | | - | 5Article 1 Sec. 8. |
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163 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 6.1information about a law enforcement official or judicial official or an official's family or |
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164 | | - | 6.2household member, if: |
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165 | | - | 6.3 (1) the dissemination poses an imminent and serious threat to the official's safety or the |
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166 | | - | 6.4safety of an official's family or household member; and |
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167 | | - | 6.5 (2) the person making the information publicly available knows or reasonably should |
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168 | | - | 6.6know of the imminent and serious threat. |
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169 | | - | 6.7 (b) A person is guilty of a gross misdemeanor if the person violates paragraph (a) and |
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170 | | - | 6.8a law enforcement official or judicial official or an official's family or household member |
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171 | | - | 6.9suffers great bodily harm or death as a result of the violation. |
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172 | | - | 6.10 (c) A person who is convicted of a second or subsequent violation of this section is guilty |
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173 | | - | 6.11of a gross misdemeanor. |
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174 | | - | 6.12 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to crimes |
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175 | | - | 6.13committed on or after that date. |
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176 | | - | 6.14 ARTICLE 2 |
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177 | | - | 6.15 CIVIL REMEDIES |
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178 | | - | 6.16 Section 1. Minnesota Statutes 2022, section 168B.07, subdivision 3, is amended to read: |
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179 | | - | 6.17 Subd. 3.Retrieval of contents; right to reclaim.(a) For purposes of this subdivision: |
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180 | | - | 6.18 (1) "contents" does not include any permanently affixed mechanical or nonmechanical |
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181 | | - | 6.19automobile parts; automobile body parts; or automobile accessories, including audio or |
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182 | | - | 6.20video players; and |
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183 | | - | 6.21 (2) "relief based on need" includes, but is not limited to, receipt of MFIP and Diversionary |
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184 | | - | 6.22Work Program, medical assistance, general assistance, emergency general assistance, |
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185 | | - | 6.23Minnesota supplemental aid, MSA-emergency assistance, MinnesotaCare, Supplemental |
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186 | | - | 6.24Security Income, energy assistance, emergency assistance, Supplemental Nutrition Assistance |
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187 | | - | 6.25Program (SNAP) benefits, earned income tax credit, or Minnesota working family tax credit. |
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188 | | - | 6.26 (b) A unit of government or impound lot operator shall must establish reasonable |
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189 | | - | 6.27procedures for retrieval of vehicle contents, and may establish reasonable procedures to |
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190 | | - | 6.28protect the safety and security of the impound lot and its personnel. |
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191 | | - | 6.29 (c) At any time before the expiration of the waiting periods provided in section 168B.051, |
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192 | | - | 6.30a registered owner of a vehicle who provides proof of identity that includes photographic |
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193 | | - | 6.31identification and documentation from a government or nonprofit agency or legal aid office |
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194 | | - | 6Article 2 Section 1. |
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195 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 7.1that the registered owner is homeless, receives relief based on need, or is eligible for legal |
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196 | | - | 7.2aid services, has the unencumbered right to retrieve any and all contents without charge and |
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197 | | - | 7.3regardless of whether the registered owner pays incurred charges or fees, transfers title, or |
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198 | | - | 7.4reclaims the vehicle. A refusal by the impound lot operator to allow the registered owner |
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199 | | - | 7.5to retrieve the vehicle contents after the owner provides valid documentation is a violation |
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200 | | - | 7.6of this paragraph. |
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201 | | - | 7.7 (d) An impound lot operator may make copies of the documents presented by the |
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202 | | - | 7.8registered owner under paragraph (c), and the impound lot operator must return all of the |
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203 | | - | 7.9original documents to the registered owner immediately after copying them. |
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204 | | - | 7.10 Sec. 2. Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to |
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205 | | - | 7.11read: |
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206 | | - | 7.12 Subd. 3a.Retrieval of contents; identification, medicine, and medical equipment.An |
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207 | | - | 7.13impound lot operator must allow any registered vehicle owner to retrieve, or must retrieve |
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208 | | - | 7.14for the vehicle owner, the following from the impounded vehicle: proof of identification; |
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209 | | - | 7.15prescription medicine; and durable medical equipment, including but not limited to |
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210 | | - | 7.16wheelchairs, prosthetics, canes, crutches, walkers, and external braces. |
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211 | | - | 7.17 Sec. 3. Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to |
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212 | | - | 7.18read: |
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213 | | - | 7.19 Subd. 3b.Retrieval of contents; notice of denial.(a) This subdivision applies to an |
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214 | | - | 7.20impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit |
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215 | | - | 7.21of government exclusively contracts to operate an impound lot solely for public use under |
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216 | | - | 7.22section 168B.09. |
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217 | | - | 7.23 (b) An impound lot operator who denies a request of a registered vehicle owner to retrieve |
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218 | | - | 7.24vehicle contents after the registered owner presents documentation pursuant to subdivision |
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219 | | - | 7.253, paragraph (c), must, at the time of denial, provide the registered owner with a written |
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220 | | - | 7.26statement that identifies the specific reasons for the denial. |
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221 | | - | 7.27 Sec. 4. Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to |
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222 | | - | 7.28read: |
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223 | | - | 7.29 Subd. 3c.Retrieval of contents; public notice.(a) This subdivision applies to an |
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224 | | - | 7.30impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit |
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225 | | - | 7.31of government exclusively contracts to operate an impound lot solely for public use under |
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226 | | - | 7.32section 168B.09. |
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227 | | - | 7Article 2 Sec. 4. |
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228 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 8.1 (b) An impound lot operator must post a conspicuous notice at its place of operation in |
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229 | | - | 8.2the following form: |
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230 | | - | 8.3"If you receive government benefits, are currently homeless, or are eligible for legal aid |
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231 | | - | 8.4services, you have the right to get the contents out of your car free of charge IF you provide: |
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232 | | - | 8.5 (1) a photo ID (such as a driver's license, passport, or employer ID); AND |
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233 | | - | 8.6 (2) documentation from a government or nonprofit agency or from a legal aid office that |
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234 | | - | 8.7shows you get benefits from a government program based on your income, you are homeless, |
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235 | | - | 8.8or you are eligible for legal aid services. Examples of this documentation include BUT ARE |
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236 | | - | 8.9NOT LIMITED TO: |
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237 | | - | 8.10 - an EBT card; |
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238 | | - | 8.11 - a Medical Assistance or MinnesotaCare card; |
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239 | | - | 8.12 - a Supplemental Nutrition Assistance Program (SNAP) card; and |
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240 | | - | 8.13 - a letter, email, or other document from a government agency, nonprofit organization, |
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241 | | - | 8.14or legal aid organization showing that you get benefits from a government program based |
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242 | | - | 8.15on your income, you are homeless, or you are eligible for legal aid services." |
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243 | | - | 8.16 Sec. 5. Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to |
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244 | | - | 8.17read: |
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245 | | - | 8.18 Subd. 3d.Retrieval of contents; remedy.(a) This subdivision applies to an impound |
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246 | | - | 8.19lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit of government |
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247 | | - | 8.20exclusively contracts to operate an impound lot solely for public use under section 168B.09. |
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248 | | - | 8.21 (b) If an impound lot operator denies the registered owner the right to retrieve the vehicle |
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249 | | - | 8.22contents in violation of subdivision 3, paragraph (c), an aggrieved registered vehicle owner |
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250 | | - | 8.23has a cause of action against the impound lot operator as provided in this subdivision. |
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251 | | - | 8.24 (c) If the vehicle and its contents remain in the possession of the impound lot operator |
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252 | | - | 8.25and retrieval of the vehicle contents was denied in violation of subdivision 3, paragraph (c), |
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253 | | - | 8.26an aggrieved registered vehicle owner is entitled to injunctive relief to retrieve the vehicle |
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254 | | - | 8.27contents as well as reasonable attorney fees and costs. |
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255 | | - | 8.28 (d) If an impound lot operator sells or disposes of the vehicle contents after the registered |
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256 | | - | 8.29owner has provided the documentation required under subdivision 3, paragraph (c), an |
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257 | | - | 8.30aggrieved registered vehicle owner is entitled to statutory damages in an amount of $1,000 |
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258 | | - | 8.31and reasonable attorney fees and costs. An action brought pursuant to this paragraph must |
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259 | | - | 8.32be brought within 12 months of when the vehicle was impounded. |
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260 | | - | 8Article 2 Sec. 5. |
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261 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 9.1 Sec. 6. Minnesota Statutes 2022, section 325F.70, is amended by adding a subdivision to |
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262 | | - | 9.2read: |
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263 | | - | 9.3 Subd. 3.Private enforcement.(a) In addition to the remedies otherwise provided by |
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264 | | - | 9.4law, a consumer injured by a violation of sections 325F.68 to 325F.70, in connection with |
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265 | | - | 9.5a sale of merchandise for personal, family, household, or agricultural purposes, may bring |
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266 | | - | 9.6a civil action and recover damages, together with costs and disbursements, including costs |
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267 | | - | 9.7of investigation and reasonable attorney fees, and receive other equitable relief as determined |
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268 | | - | 9.8by the court. An action brought under this section benefits the public. |
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269 | | - | 9.9 (b) For the purposes of this subdivision: |
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270 | | - | 9.10 (1) "consumer" means a natural person or family farmer; |
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271 | | - | 9.11 (2) "family farmer" means a person or persons operating a family farm; and |
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272 | | - | 9.12 (3) "family farm" has the meaning given in section 116B.02, subdivision 6. |
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273 | | - | 9.13 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to causes |
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274 | | - | 9.14of action commenced on or after that date. |
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275 | | - | 9.15 Sec. 7. Minnesota Statutes 2022, section 573.01, is amended to read: |
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276 | | - | 9.16 573.01 SURVIVAL OF CAUSES. |
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277 | | - | 9.17 A cause of action arising out of an injury to the person dies with the person of the party |
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278 | | - | 9.18in whose favor it exists, except as provided in survives the death of any party in accordance |
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279 | | - | 9.19with section 573.02. All other causes of action by one against another, whether arising on |
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280 | | - | 9.20contract or not, survive to the personal representatives of the former and against those of |
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281 | | - | 9.21the latter. |
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282 | | - | 9.22 EFFECTIVE DATE.This section is effective the day following final enactment and |
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283 | | - | 9.23applies to causes of action pending on or commenced on or after that date. |
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284 | | - | 9.24 Sec. 8. Minnesota Statutes 2022, section 573.02, subdivision 1, is amended to read: |
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285 | | - | 9.25 Subdivision 1.Death action.When death is caused by the wrongful act or omission of |
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286 | | - | 9.26any person or corporation, the trustee appointed as provided in subdivision 3 may maintain |
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287 | | - | 9.27an action therefor if the decedent might have maintained an action, had the decedent lived, |
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288 | | - | 9.28for an injury caused by the wrongful act or omission. An action to recover damages for a |
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289 | | - | 9.29death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital |
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290 | | - | 9.30or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall |
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291 | | - | 9.31be commenced within three years of the date of death, but in no event shall be commenced |
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292 | | - | 9Article 2 Sec. 8. |
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293 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 10.1beyond the time set forth in section 541.076. An action to recover damages for a death |
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294 | | - | 10.2caused by an intentional act constituting murder may be commenced at any time after the |
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295 | | - | 10.3death of the decedent. Any other action under this section may be commenced within three |
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296 | | - | 10.4years after the date of death provided that the action must be commenced within six years |
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297 | | - | 10.5after the act or omission. The recovery in the action is the amount the jury deems fair and |
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298 | | - | 10.6just in reference to for all damages suffered by the decedent resulting from the injury prior |
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299 | | - | 10.7to the decedent's death and the pecuniary loss resulting from the death, and shall be for the |
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300 | | - | 10.8exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary |
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301 | | - | 10.9loss severally suffered by the death. The court then determines the proportionate pecuniary |
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302 | | - | 10.10loss of the persons entitled to the recovery and orders distribution accordingly. Funeral |
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303 | | - | 10.11expenses and any demand for the support of the decedent allowed by the court having |
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304 | | - | 10.12jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as |
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305 | | - | 10.13provided in section 549.20. |
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306 | | - | 10.14 If an action for the injury was commenced by the decedent and not finally determined |
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307 | | - | 10.15while living, it may be continued by the trustee for recovery of all damages for the exclusive |
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308 | | - | 10.16benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally |
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309 | | - | 10.17suffered by the death. The court on motion shall make an order allowing the continuance |
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310 | | - | 10.18and directing pleadings to be made and issues framed as in actions begun under this section. |
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311 | | - | 10.19 EFFECTIVE DATE.This section is effective the day following final enactment and |
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312 | | - | 10.20applies to causes of action pending on or commenced on or after that date. |
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313 | | - | 10.21Sec. 9. Minnesota Statutes 2022, section 573.02, subdivision 2, is amended to read: |
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314 | | - | 10.22 Subd. 2.Injury action.When injury is caused to a person by the wrongful act or omission |
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315 | | - | 10.23of any person or corporation and the person thereafter dies from a cause unrelated to those |
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316 | | - | 10.24injuries, the trustee appointed in subdivision 3 may maintain an action for special damages |
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317 | | - | 10.25all damages arising out of such injury if the decedent might have maintained an action |
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318 | | - | 10.26therefor had the decedent lived. An action under this subdivision may be commenced within |
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319 | | - | 10.27three years after the date of death provided that the action must be commenced within six |
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320 | | - | 10.28years after the act or omission. |
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321 | | - | 10.29 EFFECTIVE DATE.This section is effective the day following final enactment and |
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322 | | - | 10.30applies to causes of action pending on or commenced on or after that date. |
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323 | | - | 10Article 2 Sec. 9. |
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324 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 11.1 ARTICLE 3 |
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325 | | - | 11.2 HUMAN RIGHTS |
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326 | | - | 11.3 Section 1. Minnesota Statutes 2022, section 363A.02, subdivision 1, is amended to read: |
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327 | | - | 11.4 Subdivision 1.Freedom from discrimination.(a) It is the public policy of this state to |
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328 | | - | 11.5secure for persons in this state, freedom from discrimination: |
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329 | | - | 11.6 (1) in employment because of race, color, creed, religion, national origin, sex, marital |
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330 | | - | 11.7status, disability, status with regard to public assistance, gender identity, sexual orientation, |
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331 | | - | 11.8familial status, and age; |
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332 | | - | 11.9 (2) in housing and real property because of race, color, creed, religion, national origin, |
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333 | | - | 11.10sex, marital status, disability, status with regard to public assistance, gender identity, sexual |
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334 | | - | 11.11orientation, and familial status; |
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335 | | - | 11.12 (3) in public accommodations because of race, color, creed, religion, national origin, |
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336 | | - | 11.13sex, gender identity, sexual orientation, and disability; |
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337 | | - | 11.14 (4) in public services because of race, color, creed, religion, national origin, sex, marital |
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338 | | - | 11.15status, disability, gender identity, sexual orientation, and status with regard to public |
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339 | | - | 11.16assistance; and |
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340 | | - | 11.17 (5) in education because of race, color, creed, religion, national origin, sex, marital status, |
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341 | | - | 11.18disability, status with regard to public assistance, gender identity, sexual orientation, and |
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342 | | - | 11.19age. |
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343 | | - | 11.20 (b) Such discrimination threatens the rights and privileges of the inhabitants of this state |
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344 | | - | 11.21and menaces the institutions and foundations of democracy. It is also the public policy of |
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345 | | - | 11.22this state to protect all persons from wholly unfounded charges of discrimination. Nothing |
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346 | | - | 11.23in this chapter shall be interpreted as restricting the implementation of positive action |
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347 | | - | 11.24programs to combat discrimination. |
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348 | | - | 11.25Sec. 2. Minnesota Statutes 2022, section 363A.03, subdivision 23, is amended to read: |
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349 | | - | 11.26 Subd. 23.Local commission."Local commission" means an agency of a city, county, |
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350 | | - | 11.27or group of counties created pursuant to law, resolution of a county board, city charter, or |
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351 | | - | 11.28municipal ordinance for the purpose of dealing with discrimination on the basis of race, |
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352 | | - | 11.29color, creed, religion, national origin, sex, age, disability, marital status, status with regard |
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353 | | - | 11.30to public assistance, gender identity, sexual orientation, or familial status. |
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354 | | - | 11Article 3 Sec. 2. |
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355 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 12.1 Sec. 3. Minnesota Statutes 2022, section 363A.03, subdivision 44, is amended to read: |
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356 | | - | 12.2 Subd. 44.Sexual orientation."Sexual orientation" means having or being perceived as |
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357 | | - | 12.3having an emotional, physical, or sexual attachment to another person without regard to the |
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358 | | - | 12.4sex of that person or having or being perceived as having an orientation for such attachment, |
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359 | | - | 12.5or having or being perceived as having a self-image or identity not traditionally associated |
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360 | | - | 12.6with one's biological maleness or femaleness. "Sexual orientation" does not include a physical |
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361 | | - | 12.7or sexual attachment to children by an adult. |
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362 | | - | 12.8 Sec. 4. Minnesota Statutes 2022, section 363A.03, is amended by adding a subdivision to |
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363 | | - | 12.9read: |
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364 | | - | 12.10 Subd. 50.Gender identity."Gender identity" means a person's inherent sense of being |
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365 | | - | 12.11a man, woman, both, or neither. A person's gender identity may or may not correspond to |
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366 | | - | 12.12their assigned sex at birth or to their primary or secondary sex characteristics. A person's |
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367 | | - | 12.13gender identity is not necessarily visible to others. |
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368 | | - | 12.14Sec. 5. Minnesota Statutes 2022, section 363A.04, is amended to read: |
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369 | | - | 12.15 363A.04 CONSTRUCTION AND EXCLUSIVITY. |
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370 | | - | 12.16 The provisions of this chapter shall be construed liberally for the accomplishment of the |
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371 | | - | 12.17purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the |
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372 | | - | 12.18provisions of the civil rights law or of any other law of this state relating to discrimination |
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373 | | - | 12.19because of race, creed, color, religion, sex, age, disability, marital status, status with regard |
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374 | | - | 12.20to public assistance, national origin, gender identity, sexual orientation, or familial status; |
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375 | | - | 12.21but, as to acts declared unfair by sections 363A.08 to 363A.19, and 363A.28, subdivision |
---|
376 | | - | 12.2210, the procedure herein provided shall, while pending, be exclusive. |
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377 | | - | 12.23Sec. 6. Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read: |
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378 | | - | 12.24 Subdivision 1.Formulation of policies.(a) The commissioner shall formulate policies |
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379 | | - | 12.25to effectuate the purposes of this chapter and shall do the following: |
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380 | | - | 12.26 (1) exercise leadership under the direction of the governor in the development of human |
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381 | | - | 12.27rights policies and programs, and make recommendations to the governor and the legislature |
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382 | | - | 12.28for their consideration and implementation; |
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383 | | - | 12.29 (2) establish and maintain a principal office in St. Paul, and any other necessary branch |
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384 | | - | 12.30offices at any location within the state; |
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385 | | - | 12.31 (3) meet and function at any place within the state; |
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386 | | - | 12Article 3 Sec. 6. |
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387 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 13.1 (4) employ attorneys, clerks, and other employees and agents as the commissioner may |
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388 | | - | 13.2deem necessary and prescribe their duties; |
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389 | | - | 13.3 (5) to the extent permitted by federal law and regulation, utilize the records of the |
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390 | | - | 13.4Department of Employment and Economic Development of the state when necessary to |
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391 | | - | 13.5effectuate the purposes of this chapter; |
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392 | | - | 13.6 (6) obtain upon request and utilize the services of all state governmental departments |
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393 | | - | 13.7and agencies; |
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394 | | - | 13.8 (7) adopt suitable rules for effectuating the purposes of this chapter; |
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395 | | - | 13.9 (8) issue complaints, receive and investigate charges alleging unfair discriminatory |
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396 | | - | 13.10practices, and determine whether or not probable cause exists for hearing; |
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397 | | - | 13.11 (9) subpoena witnesses, administer oaths, take testimony, and require the production for |
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398 | | - | 13.12examination of any books or papers relative to any matter under investigation or in question |
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399 | | - | 13.13as the commissioner deems appropriate to carry out the purposes of this chapter; |
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400 | | - | 13.14 (10) attempt, by means of education, conference, conciliation, and persuasion to eliminate |
---|
401 | | - | 13.15unfair discriminatory practices as being contrary to the public policy of the state; |
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402 | | - | 13.16 (11) develop and conduct programs of formal and informal education designed to |
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403 | | - | 13.17eliminate discrimination and intergroup conflict by use of educational techniques and |
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404 | | - | 13.18programs the commissioner deems necessary; |
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405 | | - | 13.19 (12) make a written report of the activities of the commissioner to the governor each |
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406 | | - | 13.20year; |
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407 | | - | 13.21 (13) accept gifts, bequests, grants, or other payments public and private to help finance |
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408 | | - | 13.22the activities of the department; |
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409 | | - | 13.23 (14) create such local and statewide advisory committees as will in the commissioner's |
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410 | | - | 13.24judgment aid in effectuating the purposes of the Department of Human Rights; |
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411 | | - | 13.25 (15) develop such programs as will aid in determining the compliance throughout the |
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412 | | - | 13.26state with the provisions of this chapter, and in the furtherance of such duties, conduct |
---|
413 | | - | 13.27research and study discriminatory practices based upon race, color, creed, religion, national |
---|
414 | | - | 13.28origin, sex, age, disability, marital status, status with regard to public assistance, familial |
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415 | | - | 13.29status, gender identity, sexual orientation, or other factors and develop accurate data on the |
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416 | | - | 13.30nature and extent of discrimination and other matters as they may affect housing, |
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417 | | - | 13.31employment, public accommodations, schools, and other areas of public life; |
---|
418 | | - | 13Article 3 Sec. 6. |
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419 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 14.1 (16) develop and disseminate technical assistance to persons subject to the provisions |
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420 | | - | 14.2of this chapter, and to agencies and officers of governmental and private agencies; |
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421 | | - | 14.3 (17) provide staff services to such advisory committees as may be created in aid of the |
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422 | | - | 14.4functions of the Department of Human Rights; |
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423 | | - | 14.5 (18) make grants in aid to the extent that appropriations are made available for that |
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424 | | - | 14.6purpose in aid of carrying out duties and responsibilities; and |
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425 | | - | 14.7 (19) cooperate and consult with the commissioner of labor and industry regarding the |
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426 | | - | 14.8investigation of violations of, and resolution of complaints regarding section 363A.08, |
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427 | | - | 14.9subdivision 7. |
---|
428 | | - | 14.10 In performing these duties, the commissioner shall give priority to those duties in clauses |
---|
429 | | - | 14.11(8), (9), and (10) and to the duties in section 363A.36. |
---|
430 | | - | 14.12 (b) All gifts, bequests, grants, or other payments, public and private, accepted under |
---|
431 | | - | 14.13paragraph (a), clause (13), must be deposited in the state treasury and credited to a special |
---|
432 | | - | 14.14account. Money in the account is appropriated to the commissioner of human rights to help |
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433 | | - | 14.15finance activities of the department. |
---|
434 | | - | 14.16Sec. 7. Minnesota Statutes 2022, section 363A.07, subdivision 2, is amended to read: |
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435 | | - | 14.17 Subd. 2.Referral from commissioner.The commissioner, whether or not a charge has |
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436 | | - | 14.18been filed under this chapter, may refer a matter involving discrimination because of race, |
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437 | | - | 14.19color, religion, sex, creed, disability, marital status, status with regard to public assistance, |
---|
438 | | - | 14.20national origin, age, gender identity, sexual orientation, or familial status to a local |
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439 | | - | 14.21commission for study and report. |
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440 | | - | 14.22 Upon referral by the commissioner, the local commission shall make a report and make |
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441 | | - | 14.23recommendations to the commissioner and take other appropriate action within the scope |
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442 | | - | 14.24of its powers. |
---|
443 | | - | 14.25Sec. 8. Minnesota Statutes 2022, section 363A.08, subdivision 1, is amended to read: |
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444 | | - | 14.26 Subdivision 1.Labor organization.Except when based on a bona fide occupational |
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445 | | - | 14.27qualification, it is an unfair employment practice for a labor organization, because of race, |
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446 | | - | 14.28color, creed, religion, national origin, sex, marital status, status with regard to public |
---|
447 | | - | 14.29assistance, familial status, disability, gender identity, sexual orientation, or age: |
---|
448 | | - | 14.30 (1) to deny full and equal membership rights to a person seeking membership or to a |
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449 | | - | 14.31member; |
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450 | | - | 14Article 3 Sec. 8. |
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451 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 15.1 (2) to expel a member from membership; |
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452 | | - | 15.2 (3) to discriminate against a person seeking membership or a member with respect to |
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453 | | - | 15.3hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or |
---|
454 | | - | 15.4privileges of employment; or |
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455 | | - | 15.5 (4) to fail to classify properly, or refer for employment or otherwise to discriminate |
---|
456 | | - | 15.6against a person or member. |
---|
457 | | - | 15.7 Sec. 9. Minnesota Statutes 2022, section 363A.08, subdivision 2, is amended to read: |
---|
458 | | - | 15.8 Subd. 2.Employer.Except when based on a bona fide occupational qualification, it is |
---|
459 | | - | 15.9an unfair employment practice for an employer, because of race, color, creed, religion, |
---|
460 | | - | 15.10national origin, sex, marital status, status with regard to public assistance, familial status, |
---|
461 | | - | 15.11membership or activity in a local commission, disability, gender identity, sexual orientation, |
---|
462 | | - | 15.12or age to: |
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463 | | - | 15.13 (1) refuse to hire or to maintain a system of employment which unreasonably excludes |
---|
464 | | - | 15.14a person seeking employment; or |
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465 | | - | 15.15 (2) discharge an employee; or |
---|
466 | | - | 15.16 (3) discriminate against a person with respect to hiring, tenure, compensation, terms, |
---|
467 | | - | 15.17upgrading, conditions, facilities, or privileges of employment. |
---|
468 | | - | 15.18Sec. 10. Minnesota Statutes 2022, section 363A.08, subdivision 3, is amended to read: |
---|
469 | | - | 15.19 Subd. 3.Employment agency.Except when based on a bona fide occupational |
---|
470 | | - | 15.20qualification, it is an unfair employment practice for an employment agency, because of |
---|
471 | | - | 15.21race, color, creed, religion, national origin, sex, marital status, status with regard to public |
---|
472 | | - | 15.22assistance, familial status, disability, gender identity, sexual orientation, or age to: |
---|
473 | | - | 15.23 (1) refuse or fail to accept, register, classify properly, or refer for employment or |
---|
474 | | - | 15.24otherwise to discriminate against a person; or |
---|
475 | | - | 15.25 (2) comply with a request from an employer for referral of applicants for employment |
---|
476 | | - | 15.26if the request indicates directly or indirectly that the employer fails to comply with the |
---|
477 | | - | 15.27provisions of this chapter. |
---|
478 | | - | 15.28Sec. 11. Minnesota Statutes 2022, section 363A.08, subdivision 4, is amended to read: |
---|
479 | | - | 15.29 Subd. 4.Employer, employment agency, or labor organization.(a) Except when |
---|
480 | | - | 15.30based on a bona fide occupational qualification, it is an unfair employment practice for an |
---|
481 | | - | 15Article 3 Sec. 11. |
---|
482 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 16.1employer, employment agency, or labor organization, before a person is employed by an |
---|
483 | | - | 16.2employer or admitted to membership in a labor organization, to: |
---|
484 | | - | 16.3 (1) require or request the person to furnish information that pertains to race, color, creed, |
---|
485 | | - | 16.4religion, national origin, sex, marital status, status with regard to public assistance, familial |
---|
486 | | - | 16.5status, disability, gender identity, sexual orientation, or age; or, subject to section 363A.20, |
---|
487 | | - | 16.6to require or request a person to undergo physical examination; unless for the sole and |
---|
488 | | - | 16.7exclusive purpose of national security, information pertaining to national origin is required |
---|
489 | | - | 16.8by the United States, this state or a political subdivision or agency of the United States or |
---|
490 | | - | 16.9this state, or for the sole and exclusive purpose of compliance with the Public Contracts |
---|
491 | | - | 16.10Act or any rule, regulation, or laws of the United States or of this state requiring the |
---|
492 | | - | 16.11information or examination. A law enforcement agency may, after notifying an applicant |
---|
493 | | - | 16.12for a peace officer or part-time peace officer position that the law enforcement agency is |
---|
494 | | - | 16.13commencing the background investigation on the applicant, request the applicant's date of |
---|
495 | | - | 16.14birth, gender, and race on a separate form for the sole and exclusive purpose of conducting |
---|
496 | | - | 16.15a criminal history check, a driver's license check, and fingerprint criminal history inquiry. |
---|
497 | | - | 16.16The form shall include a statement indicating why the data is being collected and what its |
---|
498 | | - | 16.17limited use will be. No document which has date of birth, gender, or race information will |
---|
499 | | - | 16.18be included in the information given to or available to any person who is involved in selecting |
---|
500 | | - | 16.19the person or persons employed other than the background investigator. No person may act |
---|
501 | | - | 16.20both as background investigator and be involved in the selection of an employee except that |
---|
502 | | - | 16.21the background investigator's report about background may be used in that selection as long |
---|
503 | | - | 16.22as no direct or indirect references are made to the applicant's race, age, or gender; or |
---|
504 | | - | 16.23 (2) seek and obtain for purposes of making a job decision, information from any source |
---|
505 | | - | 16.24that pertains to the person's race, color, creed, religion, national origin, sex, marital status, |
---|
506 | | - | 16.25status with regard to public assistance, familial status, disability, gender identity, sexual |
---|
507 | | - | 16.26orientation, or age, unless for the sole and exclusive purpose of compliance with the Public |
---|
508 | | - | 16.27Contracts Act or any rule, regulation, or laws of the United States or of this state requiring |
---|
509 | | - | 16.28the information; or |
---|
510 | | - | 16.29 (3) cause to be printed or published a notice or advertisement that relates to employment |
---|
511 | | - | 16.30or membership and discloses a preference, limitation, specification, or discrimination based |
---|
512 | | - | 16.31on race, color, creed, religion, national origin, sex, marital status, status with regard to public |
---|
513 | | - | 16.32assistance, familial status, disability, gender identity, sexual orientation, or age. |
---|
514 | | - | 16.33 (b) Any individual who is required to provide information that is prohibited by this |
---|
515 | | - | 16.34subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28, |
---|
516 | | - | 16.35subdivisions 1 to 9. |
---|
517 | | - | 16Article 3 Sec. 11. |
---|
518 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 17.1 Sec. 12. Minnesota Statutes 2022, section 363A.08, is amended by adding a subdivision |
---|
519 | | - | 17.2to read: |
---|
520 | | - | 17.3 Subd. 8.Inquiries into pay history prohibited.(a) "Pay history" as used in this |
---|
521 | | - | 17.4subdivision means any prior or current wage, salary, earnings, benefits, or any other |
---|
522 | | - | 17.5compensation of an applicant for employment. |
---|
523 | | - | 17.6 (b) An employer, employment agency, or labor organization shall not inquire into, |
---|
524 | | - | 17.7consider, or require disclosure from any source the pay history of an applicant for |
---|
525 | | - | 17.8employment for the purpose of determining wages, salary, earnings, benefits, or other |
---|
526 | | - | 17.9compensation for that applicant. The general prohibition against inquiring into the pay |
---|
527 | | - | 17.10history of an applicant does not apply if the job applicant's pay history is a matter of public |
---|
528 | | - | 17.11record under federal or state law, unless the employer, employment agency, or labor |
---|
529 | | - | 17.12organization sought access to those public records with the intent of obtaining pay history |
---|
530 | | - | 17.13of the applicant for the purpose of determining wages, salary, earnings, benefits, or other |
---|
531 | | - | 17.14compensation for that applicant. |
---|
532 | | - | 17.15 (c) Nothing in this subdivision shall prevent an applicant for employment from voluntarily |
---|
533 | | - | 17.16and without asking, encouraging, or prompting disclosing pay history for the purposes of |
---|
534 | | - | 17.17negotiating wages, salary, benefits, or other compensation. If an applicant for employment |
---|
535 | | - | 17.18voluntarily and without asking, encouraging, or prompting discloses pay history to a |
---|
536 | | - | 17.19prospective employer, employment agency, or labor organization, nothing in this subdivision |
---|
537 | | - | 17.20shall prohibit that employer, employment agency, or labor organization from considering |
---|
538 | | - | 17.21or acting on that voluntarily disclosed salary history information to support a wage or salary |
---|
539 | | - | 17.22higher than initially offered by the employer, employment agency, or labor organization. |
---|
540 | | - | 17.23 (d) Nothing in this subdivision limits, prohibits, or prevents a person from bringing a |
---|
541 | | - | 17.24charge, grievance, or any other cause of action alleging wage discrimination because of |
---|
542 | | - | 17.25race, color, creed, religion, national origin, sex, gender identity, marital status, status with |
---|
543 | | - | 17.26regard to public assistance, familial status, membership or activity in a local commission, |
---|
544 | | - | 17.27disability, sexual orientation, or age, as otherwise provided in this chapter. |
---|
545 | | - | 17.28 (e) Nothing in this subdivision shall be construed to prevent an employer from: |
---|
546 | | - | 17.29 (1) providing information about the wages, benefits, compensation, or salary offered in |
---|
547 | | - | 17.30relation to a position; or |
---|
548 | | - | 17.31 (2) inquiring about or otherwise engaging in discussions with an applicant about the |
---|
549 | | - | 17.32applicant's expectations or requests with respect to wages, salary, benefits, or other |
---|
550 | | - | 17.33compensation. |
---|
551 | | - | 17Article 3 Sec. 12. |
---|
552 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 18.1 EFFECTIVE DATE.This section is effective January 1, 2024. For employment covered |
---|
553 | | - | 18.2by collective bargaining agreements, this section is not effective until the date of |
---|
554 | | - | 18.3implementation of the applicable collective bargaining agreement that is after January 1, |
---|
555 | | - | 18.42024. |
---|
556 | | - | 18.5 Sec. 13. Minnesota Statutes 2022, section 363A.09, subdivision 1, is amended to read: |
---|
557 | | - | 18.6 Subdivision 1.Real property interest; action by owner, lessee, and others.It is an |
---|
558 | | - | 18.7unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent |
---|
559 | | - | 18.8of, or other person having the right to sell, rent or lease any real property, or any agent of |
---|
560 | | - | 18.9any of these: |
---|
561 | | - | 18.10 (1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or |
---|
562 | | - | 18.11group of persons any real property because of race, color, creed, religion, national origin, |
---|
563 | | - | 18.12sex, marital status, status with regard to public assistance, disability, gender identity, sexual |
---|
564 | | - | 18.13orientation, or familial status; or |
---|
565 | | - | 18.14 (2) to discriminate against any person or group of persons because of race, color, creed, |
---|
566 | | - | 18.15religion, national origin, sex, marital status, status with regard to public assistance, disability, |
---|
567 | | - | 18.16gender identity, sexual orientation, or familial status in the terms, conditions or privileges |
---|
568 | | - | 18.17of the sale, rental or lease of any real property or in the furnishing of facilities or services |
---|
569 | | - | 18.18in connection therewith, except that nothing in this clause shall be construed to prohibit the |
---|
570 | | - | 18.19adoption of reasonable rules intended to protect the safety of minors in their use of the real |
---|
571 | | - | 18.20property or any facilities or services furnished in connection therewith; or |
---|
572 | | - | 18.21 (3) in any transaction involving real property, to print, circulate or post or cause to be |
---|
573 | | - | 18.22printed, circulated, or posted any advertisement or sign, or use any form of application for |
---|
574 | | - | 18.23the purchase, rental or lease of real property, or make any record or inquiry in connection |
---|
575 | | - | 18.24with the prospective purchase, rental, or lease of real property which expresses, directly or |
---|
576 | | - | 18.25indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, |
---|
577 | | - | 18.26national origin, sex, marital status, status with regard to public assistance, disability, gender |
---|
578 | | - | 18.27identity, sexual orientation, or familial status, or any intent to make any such limitation, |
---|
579 | | - | 18.28specification, or discrimination except that nothing in this clause shall be construed to |
---|
580 | | - | 18.29prohibit the advertisement of a dwelling unit as available to adults-only if the person placing |
---|
581 | | - | 18.30the advertisement reasonably believes that the provisions of this section prohibiting |
---|
582 | | - | 18.31discrimination because of familial status do not apply to the dwelling unit. |
---|
583 | | - | 18Article 3 Sec. 13. |
---|
584 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 19.1 Sec. 14. Minnesota Statutes 2022, section 363A.09, subdivision 2, is amended to read: |
---|
585 | | - | 19.2 Subd. 2.Real property interest; action by brokers, agents, and others.It is an unfair |
---|
586 | | - | 19.3discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent |
---|
587 | | - | 19.4thereof: |
---|
588 | | - | 19.5 (1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property |
---|
589 | | - | 19.6to any person or group of persons or to negotiate for the sale, rental, or lease of any real |
---|
590 | | - | 19.7property to any person or group of persons because of race, color, creed, religion, national |
---|
591 | | - | 19.8origin, sex, marital status, status with regard to public assistance, disability, gender identity, |
---|
592 | | - | 19.9sexual orientation, or familial status or represent that real property is not available for |
---|
593 | | - | 19.10inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold |
---|
594 | | - | 19.11any real property or any facilities of real property to or from any person or group of persons |
---|
595 | | - | 19.12because of race, color, creed, religion, national origin, sex, marital status, status with regard |
---|
596 | | - | 19.13to public assistance, disability, gender identity, sexual orientation, or familial status; or |
---|
597 | | - | 19.14 (2) to discriminate against any person because of race, color, creed, religion, national |
---|
598 | | - | 19.15origin, sex, marital status, status with regard to public assistance, disability, gender identity, |
---|
599 | | - | 19.16sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental |
---|
600 | | - | 19.17or lease of real property or in the furnishing of facilities or services in connection therewith; |
---|
601 | | - | 19.18or |
---|
602 | | - | 19.19 (3) to print, circulate, or post or cause to be printed, circulated, or posted any |
---|
603 | | - | 19.20advertisement or sign, or use any form of application for the purchase, rental, or lease of |
---|
604 | | - | 19.21any real property or make any record or inquiry in connection with the prospective purchase, |
---|
605 | | - | 19.22rental or lease of any real property, which expresses directly or indirectly, any limitation, |
---|
606 | | - | 19.23specification or discrimination as to race, color, creed, religion, national origin, sex, marital |
---|
607 | | - | 19.24status, status with regard to public assistance, disability, gender identity, sexual orientation, |
---|
608 | | - | 19.25or familial status or any intent to make any such limitation, specification, or discrimination |
---|
609 | | - | 19.26except that nothing in this clause shall be construed to prohibit the advertisement of a |
---|
610 | | - | 19.27dwelling unit as available to adults-only if the person placing the advertisement reasonably |
---|
611 | | - | 19.28believes that the provisions of this section prohibiting discrimination because of familial |
---|
612 | | - | 19.29status do not apply to the dwelling unit. |
---|
613 | | - | 19.30Sec. 15. Minnesota Statutes 2022, section 363A.09, subdivision 3, is amended to read: |
---|
614 | | - | 19.31 Subd. 3.Real property interest; action by financial institution.It is an unfair |
---|
615 | | - | 19.32discriminatory practice for a person, bank, banking organization, mortgage company, |
---|
616 | | - | 19.33insurance company, or other financial institution or lender to whom application is made for |
---|
617 | | - | 19Article 3 Sec. 15. |
---|
618 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 20.1financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair |
---|
619 | | - | 20.2or maintenance of any real property or any agent or employee thereof: |
---|
620 | | - | 20.3 (1) to discriminate against any person or group of persons because of race, color, creed, |
---|
621 | | - | 20.4religion, national origin, sex, marital status, status with regard to public assistance, disability, |
---|
622 | | - | 20.5gender identity, sexual orientation, or familial status of the person or group of persons or |
---|
623 | | - | 20.6of the prospective occupants or tenants of the real property in the granting, withholding, |
---|
624 | | - | 20.7extending, modifying or renewing, or in the rates, terms, conditions, or privileges of the |
---|
625 | | - | 20.8financial assistance or in the extension of services in connection therewith; or |
---|
626 | | - | 20.9 (2) to use any form of application for the financial assistance or make any record or |
---|
627 | | - | 20.10inquiry in connection with applications for the financial assistance which expresses, directly |
---|
628 | | - | 20.11or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, |
---|
629 | | - | 20.12national origin, sex, marital status, status with regard to public assistance, disability, gender |
---|
630 | | - | 20.13identity, sexual orientation, or familial status or any intent to make any such limitation, |
---|
631 | | - | 20.14specification, or discrimination; or |
---|
632 | | - | 20.15 (3) to discriminate against any person or group of persons who desire to purchase, lease, |
---|
633 | | - | 20.16acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural |
---|
634 | | - | 20.17area or any part thereof solely because of the social, economic, or environmental conditions |
---|
635 | | - | 20.18of the area in the granting, withholding, extending, modifying, or renewing, or in the rates, |
---|
636 | | - | 20.19terms, conditions, or privileges of the financial assistance or in the extension of services in |
---|
637 | | - | 20.20connection therewith. |
---|
638 | | - | 20.21Sec. 16. Minnesota Statutes 2022, section 363A.09, subdivision 4, is amended to read: |
---|
639 | | - | 20.22 Subd. 4.Real property transaction.It is an unfair discriminatory practice for any real |
---|
640 | | - | 20.23estate broker or real estate salesperson, for the purpose of inducing a real property transaction |
---|
641 | | - | 20.24from which the person, the person's firm, or any of its members may benefit financially, to |
---|
642 | | - | 20.25represent that a change has occurred or will or may occur in the composition with respect |
---|
643 | | - | 20.26to race, creed, color, national origin, sex, marital status, status with regard to public |
---|
644 | | - | 20.27assistance, gender identity, sexual orientation, or disability of the owners or occupants in |
---|
645 | | - | 20.28the block, neighborhood, or area in which the real property is located, and to represent, |
---|
646 | | - | 20.29directly or indirectly, that this change will or may result in undesirable consequences in the |
---|
647 | | - | 20.30block, neighborhood, or area in which the real property is located, including but not limited |
---|
648 | | - | 20.31to the lowering of property values, an increase in criminal or antisocial behavior, or a decline |
---|
649 | | - | 20.32in the quality of schools or other public facilities. |
---|
650 | | - | 20Article 3 Sec. 16. |
---|
651 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 21.1 Sec. 17. Minnesota Statutes 2022, section 363A.11, subdivision 1, is amended to read: |
---|
652 | | - | 21.2 Subdivision 1.Full and equal enjoyment of public accommodations.(a) It is an unfair |
---|
653 | | - | 21.3discriminatory practice: |
---|
654 | | - | 21.4 (1) to deny any person the full and equal enjoyment of the goods, services, facilities, |
---|
655 | | - | 21.5privileges, advantages, and accommodations of a place of public accommodation because |
---|
656 | | - | 21.6of race, color, creed, religion, disability, national origin, marital status, gender identity, |
---|
657 | | - | 21.7sexual orientation, or sex, or for a taxicab company to discriminate in the access to, full |
---|
658 | | - | 21.8utilization of, or benefit from service because of a person's disability; or |
---|
659 | | - | 21.9 (2) for a place of public accommodation not to make reasonable accommodation to the |
---|
660 | | - | 21.10known physical, sensory, or mental disability of a disabled person. In determining whether |
---|
661 | | - | 21.11an accommodation is reasonable, the factors to be considered may include: |
---|
662 | | - | 21.12 (i) the frequency and predictability with which members of the public will be served by |
---|
663 | | - | 21.13the accommodation at that location; |
---|
664 | | - | 21.14 (ii) the size of the business or organization at that location with respect to physical size, |
---|
665 | | - | 21.15annual gross revenues, and the number of employees; |
---|
666 | | - | 21.16 (iii) the extent to which disabled persons will be further served from the accommodation; |
---|
667 | | - | 21.17 (iv) the type of operation; |
---|
668 | | - | 21.18 (v) the nature and amount of both direct costs and legitimate indirect costs of making |
---|
669 | | - | 21.19the accommodation and the reasonableness for that location to finance the accommodation; |
---|
670 | | - | 21.20and |
---|
671 | | - | 21.21 (vi) the extent to which any persons may be adversely affected by the accommodation. |
---|
672 | | - | 21.22 (b) State or local building codes control where applicable. Violations of state or local |
---|
673 | | - | 21.23building codes are not violations of this chapter and must be enforced under normal building |
---|
674 | | - | 21.24code procedures. |
---|
675 | | - | 21.25Sec. 18. Minnesota Statutes 2022, section 363A.12, subdivision 1, is amended to read: |
---|
676 | | - | 21.26 Subdivision 1.Access to public service.It is an unfair discriminatory practice to |
---|
677 | | - | 21.27discriminate against any person in the access to, admission to, full utilization of or benefit |
---|
678 | | - | 21.28from any public service because of race, color, creed, religion, national origin, disability, |
---|
679 | | - | 21.29sex, gender identity, sexual orientation, or status with regard to public assistance or to fail |
---|
680 | | - | 21.30to ensure physical and program access for disabled persons unless the public service can |
---|
681 | | - | 21.31demonstrate that providing the access would impose an undue hardship on its operation. In |
---|
682 | | - | 21Article 3 Sec. 18. |
---|
683 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 22.1determining whether providing physical and program access would impose an undue |
---|
684 | | - | 22.2hardship, factors to be considered include: |
---|
685 | | - | 22.3 (1) the type and purpose of the public service's operation; |
---|
686 | | - | 22.4 (2) the nature and cost of the needed accommodation; |
---|
687 | | - | 22.5 (3) documented good faith efforts to explore less restrictive or less expensive alternatives; |
---|
688 | | - | 22.6and |
---|
689 | | - | 22.7 (4) the extent of consultation with knowledgeable disabled persons and organizations. |
---|
690 | | - | 22.8 Physical and program access must be accomplished within six months of June 7, 1983, |
---|
691 | | - | 22.9except for needed architectural modifications, which must be made within two years of June |
---|
692 | | - | 22.107, 1983. |
---|
693 | | - | 22.11Sec. 19. Minnesota Statutes 2022, section 363A.13, subdivision 1, is amended to read: |
---|
694 | | - | 22.12 Subdivision 1.Utilization; benefit or services.It is an unfair discriminatory practice |
---|
695 | | - | 22.13to discriminate in any manner in the full utilization of or benefit from any educational |
---|
696 | | - | 22.14institution, or the services rendered thereby to any person because of race, color, creed, |
---|
697 | | - | 22.15religion, national origin, sex, age, marital status, status with regard to public assistance, |
---|
698 | | - | 22.16gender identity, sexual orientation, or disability, or to fail to ensure physical and program |
---|
699 | | - | 22.17access for disabled persons. For purposes of this subdivision, program access includes but |
---|
700 | | - | 22.18is not limited to providing taped texts, interpreters or other methods of making orally |
---|
701 | | - | 22.19delivered materials available, readers in libraries, adapted classroom equipment, and similar |
---|
702 | | - | 22.20auxiliary aids or services. Program access does not include providing attendants, individually |
---|
703 | | - | 22.21prescribed devices, readers for personal use or study, or other devices or services of a |
---|
704 | | - | 22.22personal nature. |
---|
705 | | - | 22.23Sec. 20. Minnesota Statutes 2022, section 363A.13, subdivision 2, is amended to read: |
---|
706 | | - | 22.24 Subd. 2.Exclude, expel, or selection.It is an unfair discriminatory practice to exclude, |
---|
707 | | - | 22.25expel, or otherwise discriminate against a person seeking admission as a student, or a person |
---|
708 | | - | 22.26enrolled as a student because of race, color, creed, religion, national origin, sex, age, marital |
---|
709 | | - | 22.27status, status with regard to public assistance, gender identity, sexual orientation, or disability. |
---|
710 | | - | 22.28Sec. 21. Minnesota Statutes 2022, section 363A.13, subdivision 3, is amended to read: |
---|
711 | | - | 22.29 Subd. 3.Admission form or inquiry.It is an unfair discriminatory practice to make or |
---|
712 | | - | 22.30use a written or oral inquiry, or form of application for admission that elicits or attempts to |
---|
713 | | - | 22.31elicit information, or to make or keep a record, concerning the creed, religion, gender identity, |
---|
714 | | - | 22Article 3 Sec. 21. |
---|
715 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 23.1sexual orientation, or disability of a person seeking admission, except as permitted by rules |
---|
716 | | - | 23.2of the department. |
---|
717 | | - | 23.3 Sec. 22. Minnesota Statutes 2022, section 363A.13, subdivision 4, is amended to read: |
---|
718 | | - | 23.4 Subd. 4.Purpose for information and record.It is an unfair discriminatory practice |
---|
719 | | - | 23.5to make or use a written or oral inquiry or form of application that elicits or attempts to |
---|
720 | | - | 23.6elicit information, or to keep a record concerning the race, color, national origin, sex, gender |
---|
721 | | - | 23.7identity, sexual orientation, age, or marital status of a person seeking admission, unless the |
---|
722 | | - | 23.8information is collected for purposes of evaluating the effectiveness of recruitment, |
---|
723 | | - | 23.9admissions, and other educational policies, and is maintained separately from the application. |
---|
724 | | - | 23.10Sec. 23. Minnesota Statutes 2022, section 363A.16, subdivision 1, is amended to read: |
---|
725 | | - | 23.11 Subdivision 1.Personal or commercial credit.It is an unfair discriminatory practice |
---|
726 | | - | 23.12to discriminate in the extension of personal or commercial credit to a person, or in the |
---|
727 | | - | 23.13requirements for obtaining credit, because of race, color, creed, religion, disability, national |
---|
728 | | - | 23.14origin, sex, gender identity, sexual orientation, or marital status, or due to the receipt of |
---|
729 | | - | 23.15federal, state, or local public assistance including medical assistance. |
---|
730 | | - | 23.16Sec. 24. Minnesota Statutes 2022, section 363A.17, is amended to read: |
---|
731 | | - | 23.17 363A.17 BUSINESS DISCRIMINATION. |
---|
732 | | - | 23.18 It is an unfair discriminatory practice for a person engaged in a trade or business or in |
---|
733 | | - | 23.19the provision of a service: |
---|
734 | | - | 23.20 (1) to refuse to do business with or provide a service to a woman based on her use of |
---|
735 | | - | 23.21her current or former surname; or |
---|
736 | | - | 23.22 (2) to impose, as a condition of doing business with or providing a service to a woman, |
---|
737 | | - | 23.23that a woman use her current surname rather than a former surname; or |
---|
738 | | - | 23.24 (3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate |
---|
739 | | - | 23.25in the basic terms, conditions, or performance of the contract because of a person's race, |
---|
740 | | - | 23.26national origin, color, sex, gender identity, sexual orientation, or disability, unless the alleged |
---|
741 | | - | 23.27refusal or discrimination is because of a legitimate business purpose. |
---|
742 | | - | 23.28 Nothing in this section shall prohibit positive action plans. |
---|
743 | | - | 23.29Sec. 25. Minnesota Statutes 2022, section 363A.21, subdivision 1, is amended to read: |
---|
744 | | - | 23.30 Subdivision 1.Housing.The provisions of section 363A.09 shall not apply to: |
---|
745 | | - | 23Article 3 Sec. 25. |
---|
746 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 24.1 (1) rooms in a temporary or permanent residence home run by a nonprofit organization, |
---|
747 | | - | 24.2if the discrimination is by sex; or |
---|
748 | | - | 24.3 (2) the rental by a resident owner or occupier of a one-family accommodation of a room |
---|
749 | | - | 24.4or rooms in the accommodation to another person or persons if the discrimination is by sex, |
---|
750 | | - | 24.5marital status, status with regard to public assistance, gender identity, sexual orientation, |
---|
751 | | - | 24.6or disability. Except as provided elsewhere in this chapter or other state or federal law, no |
---|
752 | | - | 24.7person or group of persons selling, renting, or leasing property is required to modify the |
---|
753 | | - | 24.8property in any way, or exercise a higher degree of care for a person having a disability |
---|
754 | | - | 24.9than for a person who does not have a disability; nor shall this chapter be construed to relieve |
---|
755 | | - | 24.10any person or persons of any obligations generally imposed on all persons regardless of any |
---|
756 | | - | 24.11disability in a written lease, rental agreement, or contract of purchase or sale, or to forbid |
---|
757 | | - | 24.12distinctions based on the inability to fulfill the terms and conditions, including financial |
---|
758 | | - | 24.13obligations of the lease, agreement, or contract; or. |
---|
759 | | - | 24.14 (3) the rental by a resident owner of a unit in a dwelling containing not more than two |
---|
760 | | - | 24.15units, if the discrimination is on the basis of sexual orientation. |
---|
761 | | - | 24.16Sec. 26. REPEALER. |
---|
762 | | - | 24.17 Minnesota Statutes 2022, sections 363A.20, subdivision 3; and 363A.27, are repealed. |
---|
763 | | - | 24.18 ARTICLE 4 |
---|
764 | | - | 24.19 CIVIL AND CRIMINAL PROCEDURE |
---|
765 | | - | 24.20Section 1. Minnesota Statutes 2022, section 169A.63, subdivision 8, is amended to read: |
---|
766 | | - | 24.21 Subd. 8.Administrative forfeiture procedure.(a) A motor vehicle used to commit a |
---|
767 | | - | 24.22designated offense or used in conduct resulting in a designated license revocation is subject |
---|
768 | | - | 24.23to administrative forfeiture under this subdivision. |
---|
769 | | - | 24.24 (b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within |
---|
770 | | - | 24.25a reasonable time after seizure, the appropriate agency shall serve the driver or operator of |
---|
771 | | - | 24.26the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when |
---|
772 | | - | 24.27a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all |
---|
773 | | - | 24.28persons known to have an ownership, possessory, or security interest in the vehicle must |
---|
774 | | - | 24.29be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to |
---|
775 | | - | 24.30be registered under chapter 168, the notification to a person known to have a security interest |
---|
776 | | - | 24.31in the vehicle is required only if the vehicle is registered under chapter 168 and the interest |
---|
777 | | - | 24.32is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting |
---|
778 | | - | 24Article 4 Section 1. |
---|
779 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 25.1authority, a court may extend the time period for sending notice for a period not to exceed |
---|
780 | | - | 25.290 days for good cause shown. Notice mailed by certified mail to the address shown in |
---|
781 | | - | 25.3Department of Public Safety records is sufficient notice to the registered owner of the |
---|
782 | | - | 25.4vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed |
---|
783 | | - | 25.5by certified mail to the address shown in the applicable filing or registration for the vehicle |
---|
784 | | - | 25.6is sufficient notice to a person known to have an ownership, possessory, or security interest |
---|
785 | | - | 25.7in the vehicle. Otherwise, notice may be given in the manner provided by law for service |
---|
786 | | - | 25.8of a summons in a civil action. |
---|
787 | | - | 25.9 (c) The notice must be in writing and contain: |
---|
788 | | - | 25.10 (1) a description of the vehicle seized; |
---|
789 | | - | 25.11 (2) the date of seizure; and |
---|
790 | | - | 25.12 (3) notice of the right to obtain judicial review of the forfeiture and of the procedure for |
---|
791 | | - | 25.13obtaining that judicial review, printed in English. This requirement does not preclude the |
---|
792 | | - | 25.14appropriate agency from printing the notice in other languages in addition to English. |
---|
793 | | - | 25.15 Substantially the following language must appear conspicuously in the notice: |
---|
794 | | - | 25.16 "WARNING: If you were the person arrested when the property was seized, you will |
---|
795 | | - | 25.17automatically lose the above-described property and the right to be heard in court if you do |
---|
796 | | - | 25.18not file a lawsuit and serve the prosecuting authority within 60 days. You may file your |
---|
797 | | - | 25.19lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must |
---|
798 | | - | 25.20file in district court. You do not have to pay a filing fee for your lawsuit. |
---|
799 | | - | 25.21 WARNING: If you have an ownership interest in the above-described property and were |
---|
800 | | - | 25.22not the person arrested when the property was seized, you will automatically lose the |
---|
801 | | - | 25.23above-described property and the right to be heard in court if you do not notify the |
---|
802 | | - | 25.24prosecuting authority of your interest in writing within 60 days." |
---|
803 | | - | 25.25 (d) If notice is not sent in accordance with paragraph (b), and no time extension is granted |
---|
804 | | - | 25.26or the extension period has expired, the appropriate agency shall return the vehicle to the |
---|
805 | | - | 25.27owner. An agency's return of property due to lack of proper notice does not restrict the |
---|
806 | | - | 25.28agency's authority to commence a forfeiture proceeding at a later time. |
---|
807 | | - | 25.29 (e) Within 60 days following service of a notice of seizure and forfeiture under this |
---|
808 | | - | 25.30subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The |
---|
809 | | - | 25.31demand must be in the form of a civil complaint and must be filed with the court |
---|
810 | | - | 25.32administrator in the county in which the seizure occurred, together with proof of service of |
---|
811 | | - | 25.33a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture. |
---|
812 | | - | 25Article 4 Section 1. |
---|
813 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 26.1The claimant may serve the complaint by certified mail or any means permitted by court |
---|
814 | | - | 26.2rules. If the value of the seized property is $15,000 or less, the claimant may file an action |
---|
815 | | - | 26.3in conciliation court for recovery of the seized vehicle. A copy of the conciliation court |
---|
816 | | - | 26.4statement of claim must may be served personally or by mail as permitted by the Rules of |
---|
817 | | - | 26.5Conciliation Court Procedure on the prosecuting authority having jurisdiction over the |
---|
818 | | - | 26.6forfeiture within 60 days following service of the notice of seizure and forfeiture under this |
---|
819 | | - | 26.7subdivision. The claimant does not have to pay the court filing fee. |
---|
820 | | - | 26.8 No responsive pleading is required of the prosecuting authority and no court fees may |
---|
821 | | - | 26.9be charged for the prosecuting authority's appearance in the matter. The prosecuting authority |
---|
822 | | - | 26.10may appear for the appropriate agency. Pleadings, filings, and methods of service are |
---|
823 | | - | 26.11governed by the Rules of Civil Procedure and, where applicable, by the Rules of Conciliation |
---|
824 | | - | 26.12Court Procedure. |
---|
825 | | - | 26.13 (f) The complaint must be captioned in the name of the claimant as plaintiff and the |
---|
826 | | - | 26.14seized vehicle as defendant, and must state with specificity the grounds on which the claimant |
---|
827 | | - | 26.15alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and |
---|
828 | | - | 26.16any affirmative defenses the claimant may have. Notwithstanding any law to the contrary, |
---|
829 | | - | 26.17an action for the return of a vehicle seized under this section may not be maintained by or |
---|
830 | | - | 26.18on behalf of any person who has been served with a notice of seizure and forfeiture unless |
---|
831 | | - | 26.19the person has complied with this subdivision. |
---|
832 | | - | 26.20 (g) If the claimant makes a timely demand for a judicial determination under this |
---|
833 | | - | 26.21subdivision, the forfeiture proceedings must be conducted as provided under subdivision |
---|
834 | | - | 26.229. |
---|
835 | | - | 26.23 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
836 | | - | 26.24Sec. 2. Minnesota Statutes 2022, section 504B.301, is amended to read: |
---|
837 | | - | 26.25 504B.301 EVICTION ACTION FOR UNLAWFUL DETENTION. |
---|
838 | | - | 26.26 A person may be evicted if the person has unlawfully or forcibly occupied or taken |
---|
839 | | - | 26.27possession of real property or unlawfully detains or retains possession of real property. |
---|
840 | | - | 26.28 A seizure under section 609.5317, subdivision 1, for which there is not a defense under |
---|
841 | | - | 26.29section 609.5317, subdivision 3, constitutes unlawful detention by the tenant. |
---|
842 | | - | 26.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
843 | | - | 26Article 4 Sec. 2. |
---|
844 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 27.1 Sec. 3. Minnesota Statutes 2022, section 590.01, subdivision 4, is amended to read: |
---|
845 | | - | 27.2 Subd. 4.Time limit.(a) No petition for postconviction relief may be filed more than |
---|
846 | | - | 27.3two years after the later of: |
---|
847 | | - | 27.4 (1) the entry of judgment of conviction or sentence if no direct appeal is filed; or |
---|
848 | | - | 27.5 (2) an appellate court's disposition of petitioner's direct appeal. |
---|
849 | | - | 27.6 (b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief |
---|
850 | | - | 27.7if: |
---|
851 | | - | 27.8 (1) the petitioner establishes that a physical disability or mental disease precluded a |
---|
852 | | - | 27.9timely assertion of the claim; |
---|
853 | | - | 27.10 (2) the petitioner alleges the existence of newly discovered evidence, including scientific |
---|
854 | | - | 27.11evidence, that provides the factual predicate for one or more claims for relief, if such evidence |
---|
855 | | - | 27.12could not have been ascertained by the exercise of due diligence by the petitioner or |
---|
856 | | - | 27.13petitioner's attorney within the two-year time period for filing a postconviction petition, and |
---|
857 | | - | 27.14the evidence is not cumulative to evidence presented at trial, and is not for impeachment |
---|
858 | | - | 27.15purposes, and establishes by a clear and convincing standard that the petitioner is innocent |
---|
859 | | - | 27.16of the offense or offenses for which the petitioner was convicted; |
---|
860 | | - | 27.17 (3) the petitioner asserts a new interpretation of federal or state constitutional or statutory |
---|
861 | | - | 27.18law by either the United States Supreme Court or a Minnesota appellate court and the |
---|
862 | | - | 27.19petitioner establishes that this interpretation is retroactively applicable to the petitioner's |
---|
863 | | - | 27.20case; |
---|
864 | | - | 27.21 (4) the petition is brought pursuant to subdivision 3; or |
---|
865 | | - | 27.22 (5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous |
---|
866 | | - | 27.23and is in the interests of justice. |
---|
867 | | - | 27.24 (c) Any petition invoking an exception provided in paragraph (b) must be filed within |
---|
868 | | - | 27.25two years of the date the claim arises. |
---|
869 | | - | 27.26 EFFECTIVE DATE.This section is effective August 1, 2023. |
---|
870 | | - | 27.27Sec. 4. Minnesota Statutes 2022, section 609.5314, subdivision 3, is amended to read: |
---|
871 | | - | 27.28 Subd. 3.Judicial determination.(a) Within 60 days following service of a notice of |
---|
872 | | - | 27.29seizure and forfeiture under this section, a claimant may file a demand for a judicial |
---|
873 | | - | 27.30determination of the forfeiture. The demand must be in the form of a civil complaint and |
---|
874 | | - | 27.31must be filed with the court administrator in the county in which the seizure occurred, |
---|
875 | | - | 27Article 4 Sec. 4. |
---|
876 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 28.1together with proof of service of a copy of the complaint on the prosecuting authority for |
---|
877 | | - | 28.2that county. The claimant may serve the complaint on the prosecuting authority by certified |
---|
878 | | - | 28.3mail or any means permitted by court rules. If the value of the seized property is $15,000 |
---|
879 | | - | 28.4or less, the claimant may file an action in conciliation court for recovery of the seized |
---|
880 | | - | 28.5property. A copy of the conciliation court statement of claim may be served personally or |
---|
881 | | - | 28.6as permitted by the Rules of Conciliation Court Procedure on the prosecuting authority |
---|
882 | | - | 28.7having jurisdiction over the forfeiture within 60 days following service of the notice of |
---|
883 | | - | 28.8seizure and forfeiture under this subdivision. The claimant does not have to pay the court |
---|
884 | | - | 28.9filing fee. No responsive pleading is required of the prosecuting authority and no court fees |
---|
885 | | - | 28.10may be charged for the prosecuting authority's appearance in the matter. The district court |
---|
886 | | - | 28.11administrator shall schedule the hearing as soon as practicable after, and in any event no |
---|
887 | | - | 28.12later than 90 days following, the conclusion of the criminal prosecution. The proceedings |
---|
888 | | - | 28.13are governed by the Rules of Civil Procedure and, where applicable, by the Rules of |
---|
889 | | - | 28.14Conciliation Court Procedure. |
---|
890 | | - | 28.15 (b) The complaint must be captioned in the name of the claimant as plaintiff and the |
---|
891 | | - | 28.16seized property as defendant, and must state with specificity the grounds on which the |
---|
892 | | - | 28.17claimant alleges the property was improperly seized and the plaintiff's interest in the property |
---|
893 | | - | 28.18seized. Notwithstanding any law to the contrary, an action for the return of property seized |
---|
894 | | - | 28.19under this section may not be maintained by or on behalf of any person who has been served |
---|
895 | | - | 28.20with a notice of seizure and forfeiture unless the person has complied with this subdivision. |
---|
896 | | - | 28.21 (c) If the claimant makes a timely demand for judicial determination under this |
---|
897 | | - | 28.22subdivision, the appropriate agency must conduct the forfeiture under section 609.531, |
---|
898 | | - | 28.23subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, |
---|
899 | | - | 28.24apply to the judicial determination. |
---|
900 | | - | 28.25 (d) If a demand for judicial determination of an administrative forfeiture is filed under |
---|
901 | | - | 28.26this subdivision and the court orders the return of the seized property, the court may order |
---|
902 | | - | 28.27sanctions under section 549.211. If the court orders payment of these costs, they must be |
---|
903 | | - | 28.28paid from forfeited money or proceeds from the sale of forfeited property from the appropriate |
---|
904 | | - | 28.29law enforcement and prosecuting agencies in the same proportion as they would be distributed |
---|
905 | | - | 28.30under section 609.5315, subdivision 5. |
---|
906 | | - | 28.31 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
907 | | - | 28.32Sec. 5. [634.025] CONFESSION; INADMISSIBLE WHEN DECEPTION IS USED. |
---|
908 | | - | 28.33 Any admission, confession, or statement, whether written or oral, made by any person |
---|
909 | | - | 28.34during a custodial interrogation by a law enforcement agency official, juvenile court official, |
---|
910 | | - | 28Article 4 Sec. 5. |
---|
911 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 29.1or their agent, is involuntarily made and inadmissible in any proceeding if, during the |
---|
912 | | - | 29.2interrogation, a law enforcement agency official or juvenile court official or their agent |
---|
913 | | - | 29.3knowingly: |
---|
914 | | - | 29.4 (1) communicated false facts about evidence; |
---|
915 | | - | 29.5 (2) misrepresented the accuracy of facts; or |
---|
916 | | - | 29.6 (3) communicated unauthorized statements regarding leniency. |
---|
917 | | - | 29.7 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to admission, |
---|
918 | | - | 29.8confession, or statement, whether written or oral, made on or after that date. |
---|
919 | | - | 29.9 Sec. 6. REPEALER. |
---|
920 | | - | 29.10 Minnesota Statutes 2022, section 504B.305, is repealed. |
---|
921 | | - | 29.11 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
922 | | - | 29.12 ARTICLE 5 |
---|
923 | | - | 29.13 MARRIAGE AND NAME CHANGE |
---|
924 | | - | 29.14Section 1. Minnesota Statutes 2022, section 259.11, is amended to read: |
---|
925 | | - | 29.15 259.11 ORDER; FILING COPIES. |
---|
926 | | - | 29.16 (a) Upon meeting the requirements of section 259.10, the court shall grant the application |
---|
927 | | - | 29.17unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits |
---|
928 | | - | 29.18granting the name change; or (3) in the case of the change of a minor child's name, the court |
---|
929 | | - | 29.19finds that such name change is not in the best interests of the child. The court shall set forth |
---|
930 | | - | 29.20in the order the name and age of the applicant's spouse and each child of the applicant, if |
---|
931 | | - | 29.21any, and shall state a description of the lands, if any, in which the applicant and the spouse |
---|
932 | | - | 29.22and children, if any, claim to have an interest. The court administrator shall file such order, |
---|
933 | | - | 29.23and record the same in the judgment book. If lands be described therein, a certified copy of |
---|
934 | | - | 29.24the order shall be filed for record, by the applicant, with the county recorder of each county |
---|
935 | | - | 29.25wherein any of the same are situated. Before doing so the court administrator shall present |
---|
936 | | - | 29.26the same to the county auditor who shall enter the change of name in the auditor's official |
---|
937 | | - | 29.27records and note upon the instrument, over an official signature, the words "change of name |
---|
938 | | - | 29.28recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until |
---|
939 | | - | 29.29the applicant shall have paid to the county recorder and court administrator the fee required |
---|
940 | | - | 29.30by law. No application shall be denied on the basis of the marital status of the applicant. |
---|
941 | | - | 29Article 5 Section 1. |
---|
942 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 30.1 (b) When a person applies for a name change, the court shall determine whether the |
---|
943 | | - | 30.2person has a criminal history in this or any other state. The court may conduct a search of |
---|
944 | | - | 30.3national records through the Federal Bureau of Investigation by submitting a set of |
---|
945 | | - | 30.4fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is |
---|
946 | | - | 30.5determined that the person has a criminal history in this or any other state, the court shall, |
---|
947 | | - | 30.6within ten days after the name change application is granted, report the name change to the |
---|
948 | | - | 30.7Bureau of Criminal Apprehension. The person whose name is changed shall also report the |
---|
949 | | - | 30.8change to the Bureau of Criminal Apprehension within ten days. The court granting the |
---|
950 | | - | 30.9name change application must explain this reporting duty in its order. Any person required |
---|
951 | | - | 30.10to report the person's name change to the Bureau of Criminal Apprehension who fails to |
---|
952 | | - | 30.11report the name change as required under this paragraph is guilty of a gross misdemeanor. |
---|
953 | | - | 30.12 (c) Paragraph (b) does not apply to either: |
---|
954 | | - | 30.13 (1) a request for a name change as part of an application for a marriage license under |
---|
955 | | - | 30.14section 517.08; or |
---|
956 | | - | 30.15 (2) a request for a name change in conjunction with a marriage dissolution under section |
---|
957 | | - | 30.16518.27; or |
---|
958 | | - | 30.17 (3) a request for a name change filed under section 259.14. |
---|
959 | | - | 30.18Sec. 2. Minnesota Statutes 2022, section 259.13, subdivision 1, is amended to read: |
---|
960 | | - | 30.19 Subdivision 1.Procedure for seeking name change.(a) A person with a felony |
---|
961 | | - | 30.20conviction under Minnesota law or the law of another state or federal jurisdiction shall serve |
---|
962 | | - | 30.21a notice of application for a name change on the prosecuting authority that obtained the |
---|
963 | | - | 30.22conviction against the person when seeking a name change through one of the following |
---|
964 | | - | 30.23procedures: |
---|
965 | | - | 30.24 (1) an application for a name change under section 259.10; |
---|
966 | | - | 30.25 (2) a request for a name change as part of an application for a marriage license under |
---|
967 | | - | 30.26section 517.08; or |
---|
968 | | - | 30.27 (3) (2) a request for a name change in conjunction with a marriage dissolution under |
---|
969 | | - | 30.28section 518.27.; or |
---|
970 | | - | 30.29 (3) a request for a name change under section 259.14. |
---|
971 | | - | 30.30If the conviction is from another state or federal jurisdiction, notice of application must also |
---|
972 | | - | 30.31be served on the attorney general. |
---|
973 | | - | 30Article 5 Sec. 2. |
---|
974 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 31.1 (b) A person who seeks a name change under section 259.10 or 518.27 shall file proof |
---|
975 | | - | 31.2of service with the court as part of the name change request. A person who seeks a name |
---|
976 | | - | 31.3change under section 517.08 shall file proof of service with the county as part of the |
---|
977 | | - | 31.4application for a marriage license. |
---|
978 | | - | 31.5 (c) The name change request may not be granted during the 30-day period provided for |
---|
979 | | - | 31.6in subdivision 2 or, if an objection is filed under subdivision 2, until satisfaction of the |
---|
980 | | - | 31.7requirements in subdivision 3 or 4. Nothing in this section shall delay the granting of a |
---|
981 | | - | 31.8marriage license under section 517.08, which may be granted without the name change. |
---|
982 | | - | 31.9 Sec. 3. [259.14] POSTDISSOLUTION NAME CHANGE. |
---|
983 | | - | 31.10 (a) Unless section 259.13 applies, a person who has resided in this state for at least six |
---|
984 | | - | 31.11months and obtained the person's most recent final marriage dissolution from a district court |
---|
985 | | - | 31.12may apply to the district court in the county where the person resides to change the person's |
---|
986 | | - | 31.13name to the legal name on the person's birth certificate. A person applying for a name change |
---|
987 | | - | 31.14must submit a certified copy of the certificate of dissolution issued pursuant to section |
---|
988 | | - | 31.15518.148 and a certified copy of the person's birth certificate. A person applying for a name |
---|
989 | | - | 31.16change who obtained a divorce in a state other than Minnesota must submit a certified copy |
---|
990 | | - | 31.17of the certificate of dissolution or a certified copy of an equivalent court order ending the |
---|
991 | | - | 31.18marriage and a certified copy of the person's birth certificate. |
---|
992 | | - | 31.19 (b) A court shall not require a person applying for a name change to pay filing fees for |
---|
993 | | - | 31.20an application submitted pursuant to this section. Notwithstanding section 259.10, a court |
---|
994 | | - | 31.21shall not require the person applying for a name change pursuant to this section to provide |
---|
995 | | - | 31.22proof of the person's identity by two witnesses unless the proof of identity is necessary to |
---|
996 | | - | 31.23determine whether the person has an intent to defraud or mislead the court. |
---|
997 | | - | 31.24 (c) Upon meeting the requirements of this section, the court shall grant the application |
---|
998 | | - | 31.25for a name change unless the court finds that (1) the person has an intent to defraud or |
---|
999 | | - | 31.26mislead the court; or (2) the name change is subject to section 259.13. The court shall notify |
---|
1000 | | - | 31.27the person applying for a name change that using a different surname without complying |
---|
1001 | | - | 31.28with section 259.13, if applicable, is a gross misdemeanor. |
---|
1002 | | - | 31.29Sec. 4. Minnesota Statutes 2022, section 517.04, is amended to read: |
---|
1003 | | - | 31.30 517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES. |
---|
1004 | | - | 31.31 Civil marriages may be solemnized throughout the state by an individual who has attained |
---|
1005 | | - | 31.32the age of 21 years and is a judge of a court of record, a retired judge of a court of record, |
---|
1006 | | - | 31Article 5 Sec. 4. |
---|
1007 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 32.1a court administrator, a retired court administrator with the approval of the chief judge of |
---|
1008 | | - | 32.2the judicial district, a former court commissioner who is employed by the court system or |
---|
1009 | | - | 32.3is acting pursuant to an order of the chief judge of the commissioner's judicial district, the |
---|
1010 | | - | 32.4residential school superintendent of the Minnesota State Academy for the Deaf and the |
---|
1011 | | - | 32.5Minnesota State Academy for the Blind, a licensed or ordained minister of any religious |
---|
1012 | | - | 32.6denomination, an individual who registers as a civil marriage officiant with a local registrar |
---|
1013 | | - | 32.7in a county of this state, or by any mode recognized in section 517.18. For purposes of this |
---|
1014 | | - | 32.8section, a court of record includes the Office of Administrative Hearings under section |
---|
1015 | | - | 32.914.48. |
---|
1016 | | - | 32.10Sec. 5. Minnesota Statutes 2022, section 517.08, subdivision 1a, is amended to read: |
---|
1017 | | - | 32.11 Subd. 1a.Form.Application for a civil marriage license shall be made by both of the |
---|
1018 | | - | 32.12parties upon a form provided for the purpose and shall contain the following information: |
---|
1019 | | - | 32.13 (1) the full names of the parties and the sex of each party; |
---|
1020 | | - | 32.14 (2) their post office addresses and county and state of residence; |
---|
1021 | | - | 32.15 (3) their full ages; |
---|
1022 | | - | 32.16 (4) if either party has previously been married, the party's married name, and the date, |
---|
1023 | | - | 32.17place and court in which the civil marriage was dissolved or annulled or the date and place |
---|
1024 | | - | 32.18of death of the former spouse; |
---|
1025 | | - | 32.19 (5) whether the parties are related to each other, and, if so, their relationship; |
---|
1026 | | - | 32.20 (6) the address of the parties after the civil marriage is entered into to which the local |
---|
1027 | | - | 32.21registrar shall send a certified copy of the civil marriage certificate; |
---|
1028 | | - | 32.22 (7) the full names the parties will have after the civil marriage is entered into and the |
---|
1029 | | - | 32.23parties' Social Security numbers. The Social Security numbers must be collected for the |
---|
1030 | | - | 32.24application but must not appear on the civil marriage license. If a party listed on a civil |
---|
1031 | | - | 32.25marriage application does not have a Social Security number, the party must certify on the |
---|
1032 | | - | 32.26application, or a supplement to the application, that the party does not have a Social Security |
---|
1033 | | - | 32.27number; |
---|
1034 | | - | 32.28 (8) if one or both of the parties party to the civil marriage license has a felony conviction |
---|
1035 | | - | 32.29under Minnesota law or the law of another state or federal jurisdiction, the parties shall |
---|
1036 | | - | 32.30provide to the county proof of service upon the prosecuting authority and, if applicable, the |
---|
1037 | | - | 32.31attorney general, as required by party may not change the party's name through the marriage |
---|
1038 | | - | 32Article 5 Sec. 5. |
---|
1039 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 33.1application process and must follow the process in section 259.13 to change the party's |
---|
1040 | | - | 33.2name; and |
---|
1041 | | - | 33.3 (9) notice that a party who has a felony conviction under Minnesota law or the law of |
---|
1042 | | - | 33.4another state or federal jurisdiction may not use a different name after a civil marriage |
---|
1043 | | - | 33.5except as authorized by section 259.13, and that doing so is a gross misdemeanor. |
---|
1044 | | - | 33.6 Sec. 6. Minnesota Statutes 2022, section 517.08, subdivision 1b, is amended to read: |
---|
1045 | | - | 33.7 Subd. 1b.Term of license; fee; premarital education.(a) The local registrar shall |
---|
1046 | | - | 33.8examine upon oath the parties applying for a license relative to the legality of the |
---|
1047 | | - | 33.9contemplated civil marriage. Both parties must present proof of age to the local registrar. |
---|
1048 | | - | 33.10If one party is unable to appear in person, the party appearing may complete the absent |
---|
1049 | | - | 33.11applicant's information. The local registrar shall provide a copy of the civil marriage |
---|
1050 | | - | 33.12application to the party who is unable to appear, who must verify the accuracy of the |
---|
1051 | | - | 33.13appearing party's information in a notarized statement. The verification statement must be |
---|
1052 | | - | 33.14accompanied by a copy of proof of age of the party. The civil marriage license must not be |
---|
1053 | | - | 33.15released until the verification statement and proof of age has been received by the local |
---|
1054 | | - | 33.16registrar. If the local registrar is satisfied that there is no legal impediment to it, including |
---|
1055 | | - | 33.17the restriction contained in section 259.13, the local registrar shall issue the license, |
---|
1056 | | - | 33.18containing the full names of the parties before and after the civil marriage, and county and |
---|
1057 | | - | 33.19state of residence, with the county seal attached, and make a record of the date of issuance. |
---|
1058 | | - | 33.20The license shall be valid for a period of six months. Except as provided in paragraph (b), |
---|
1059 | | - | 33.21the local registrar shall collect from the applicant a fee of $115 for administering the oath, |
---|
1060 | | - | 33.22issuing, recording, and filing all papers required, and preparing and transmitting to the state |
---|
1061 | | - | 33.23registrar of vital records the reports of civil marriage required by this section. If the license |
---|
1062 | | - | 33.24should not be used within the period of six months due to illness or other extenuating |
---|
1063 | | - | 33.25circumstances, it may be surrendered to the local registrar for cancellation, and in that case |
---|
1064 | | - | 33.26a new license shall issue upon request of the parties of the original license without fee. A |
---|
1065 | | - | 33.27local registrar who knowingly issues or signs a civil marriage license in any manner other |
---|
1066 | | - | 33.28than as provided in this section shall pay to the parties aggrieved an amount not to exceed |
---|
1067 | | - | 33.29$1,000. |
---|
1068 | | - | 33.30 (b) The civil marriage license fee for parties who have completed at least 12 hours of |
---|
1069 | | - | 33.31premarital education is $40. In order to qualify for the reduced license fee, the parties must |
---|
1070 | | - | 33.32submit at the time of applying for the civil marriage license a statement that is signed, dated, |
---|
1071 | | - | 33.33and notarized or marked with a church seal from the person who provided the premarital |
---|
1072 | | - | 33.34education on their letterhead confirming that it was received. The premarital education must |
---|
1073 | | - | 33Article 5 Sec. 6. |
---|
1074 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 34.1be provided by a licensed or ordained minister or the minister's designee, a person authorized |
---|
1075 | | - | 34.2to solemnize civil marriages under section 517.18, or a person authorized to practice marriage |
---|
1076 | | - | 34.3and family therapy under section 148B.33. The education must include the use of a premarital |
---|
1077 | | - | 34.4inventory and the teaching of communication and conflict management skills. |
---|
1078 | | - | 34.5 (c) The statement from the person who provided the premarital education under paragraph |
---|
1079 | | - | 34.6(b) must be in the following form: |
---|
1080 | | - | 34.7 "I, .......................... (name of educator), confirm that .......................... (names of both |
---|
1081 | | - | 34.8parties) received at least 12 hours of premarital education that included the use of a premarital |
---|
1082 | | - | 34.9inventory and the teaching of communication and conflict management skills. I am a licensed |
---|
1083 | | - | 34.10or ordained minister, a person authorized to solemnize civil marriages under Minnesota |
---|
1084 | | - | 34.11Statutes, section 517.18, or a person licensed to practice marriage and family therapy under |
---|
1085 | | - | 34.12Minnesota Statutes, section 148B.33." |
---|
1086 | | - | 34.13 The names of the parties in the educator's statement must be identical to the legal names |
---|
1087 | | - | 34.14of the parties as they appear in the civil marriage license application. Notwithstanding |
---|
1088 | | - | 34.15section 138.17, the educator's statement must be retained for seven years, after which time |
---|
1089 | | - | 34.16it may be destroyed. |
---|
1090 | | - | 34.17 (d) If section 259.13 applies to the request for a civil marriage license, the local registrar |
---|
1091 | | - | 34.18shall grant the civil marriage license without the requested name change. Alternatively, the |
---|
1092 | | - | 34.19local registrar may delay the granting of the civil marriage license until the party with the |
---|
1093 | | - | 34.20conviction: |
---|
1094 | | - | 34.21 (1) certifies under oath that 30 days have passed since service of the notice for a name |
---|
1095 | | - | 34.22change upon the prosecuting authority and, if applicable, the attorney general and no |
---|
1096 | | - | 34.23objection has been filed under section 259.13; or |
---|
1097 | | - | 34.24 (2) provides a certified copy of the court order granting it. The parties seeking the civil |
---|
1098 | | - | 34.25marriage license shall have the right to choose to have the license granted without the name |
---|
1099 | | - | 34.26change or to delay its granting pending further action on the name change request. |
---|
1100 | | - | 34Article 5 Sec. 6. |
---|
1101 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 35.1 ARTICLE 6 |
---|
1102 | | - | 35.2 REAL PROPERTY |
---|
1103 | | - | 35.3 Section 1. Minnesota Statutes 2022, section 336.9-601, is amended to read: |
---|
1104 | | - | 35.4 336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; |
---|
1105 | | - | 35.5CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT |
---|
1106 | | - | 35.6INTANGIBLES, OR PROMISSORY NOTES. |
---|
1107 | | - | 35.7 (a) Rights of secured party after default. After default, a secured party has the rights |
---|
1108 | | - | 35.8provided in this part and, except as otherwise provided in section 336.9-602, those provided |
---|
1109 | | - | 35.9by agreement of the parties. A secured party: |
---|
1110 | | - | 35.10 (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security |
---|
1111 | | - | 35.11interest, or agricultural lien by any available judicial procedure; and |
---|
1112 | | - | 35.12 (2) if the collateral is documents, may proceed either as to the documents or as to the |
---|
1113 | | - | 35.13goods they cover. |
---|
1114 | | - | 35.14 (b) Rights and duties of secured party in possession or control. A secured party in |
---|
1115 | | - | 35.15possession of collateral or control of collateral under section 336.7-106, 336.9-104, |
---|
1116 | | - | 35.16336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207. |
---|
1117 | | - | 35.17 (c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and |
---|
1118 | | - | 35.18(b) are cumulative and may be exercised simultaneously. |
---|
1119 | | - | 35.19 (d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and |
---|
1120 | | - | 35.20section 336.9-605, after default, a debtor and an obligor have the rights provided in this part |
---|
1121 | | - | 35.21and by agreement of the parties. |
---|
1122 | | - | 35.22 (e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, |
---|
1123 | | - | 35.23the lien of any levy that may be made upon the collateral by virtue of an execution based |
---|
1124 | | - | 35.24upon the judgment relates back to the earliest of: |
---|
1125 | | - | 35.25 (1) the date of perfection of the security interest or agricultural lien in the collateral; |
---|
1126 | | - | 35.26 (2) the date of filing a financing statement covering the collateral; or |
---|
1127 | | - | 35.27 (3) any date specified in a statute under which the agricultural lien was created. |
---|
1128 | | - | 35.28 (f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest |
---|
1129 | | - | 35.29or agricultural lien by judicial procedure within the meaning of this section. A secured party |
---|
1130 | | - | 35.30may purchase at the sale and thereafter hold the collateral free of any other requirements |
---|
1131 | | - | 35.31of this article. |
---|
1132 | | - | 35Article 6 Section 1. |
---|
1133 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 36.1 (g) Consignor or buyer of certain rights to payment. Except as otherwise provided |
---|
1134 | | - | 36.2in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor |
---|
1135 | | - | 36.3or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes. |
---|
1136 | | - | 36.4 (h) Security interest in collateral that is agricultural property; enforcement. A |
---|
1137 | | - | 36.5person may not begin to enforce a security interest in collateral that is agricultural property |
---|
1138 | | - | 36.6subject to sections 583.20 to 583.32 that has secured a debt of more than the amount provided |
---|
1139 | | - | 36.7in section 583.24, subdivision 5, unless: a mediation notice under subsection (i) is served |
---|
1140 | | - | 36.8on the debtor after a condition of default has occurred in the security agreement and a copy |
---|
1141 | | - | 36.9served on the director of the agricultural Minnesota extension service; and the debtor and |
---|
1142 | | - | 36.10creditor have completed mediation under sections 583.20 to 583.32; or as otherwise allowed |
---|
1143 | | - | 36.11under sections 583.20 to 583.32. |
---|
1144 | | - | 36.12 (i) Mediation notice. A mediation notice under subsection (h) must contain the following |
---|
1145 | | - | 36.13notice with the blanks properly filled in. |
---|
1146 | | - | 36.14 "TO: ...(Name of Debtor)... |
---|
1147 | | - | 36.15 YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY |
---|
1148 | | - | 36.16AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural |
---|
1149 | | - | 36.17Property Collateral). THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of |
---|
1150 | | - | 36.18Debt)... |
---|
1151 | | - | 36.19 AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE |
---|
1152 | | - | 36.20THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY |
---|
1153 | | - | 36.21DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A |
---|
1154 | | - | 36.22COURT JUDGMENT AGAINST THE PROPERTY. |
---|
1155 | | - | 36.23 YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. |
---|
1156 | | - | 36.24IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE |
---|
1157 | | - | 36.25MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT |
---|
1158 | | - | 36.26WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY |
---|
1159 | | - | 36.27ENFORCES THE DEBT. |
---|
1160 | | - | 36.28 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE |
---|
1161 | | - | 36.29AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN |
---|
1162 | | - | 36.30ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU TO |
---|
1163 | | - | 36.31PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN |
---|
1164 | | - | 36.32MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM |
---|
1165 | | - | 36.33FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION |
---|
1166 | | - | 36Article 6 Section 1. |
---|
1167 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 37.1OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT |
---|
1168 | | - | 37.2AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS. |
---|
1169 | | - | 37.3 TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A |
---|
1170 | | - | 37.4MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU |
---|
1171 | | - | 37.5RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT |
---|
1172 | | - | 37.6ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE |
---|
1173 | | - | 37.7DIRECTOR OF THE MINNESOTA EXTENSION SERVICE. |
---|
1174 | | - | 37.8 FROM: ...(Name and Address of Secured Party)..." |
---|
1175 | | - | 37.9 Sec. 2. Minnesota Statutes 2022, section 507.07, is amended to read: |
---|
1176 | | - | 37.10 507.07 WARRANTY AND QUITCLAIM DEEDS; FORMS. |
---|
1177 | | - | 37.11 Warranty and quitclaim deeds may be substantially in the following forms: |
---|
1178 | | - | 37.12 WARRANTY DEED |
---|
1179 | | - | 37.13 A.B., grantor, of (here insert the place of residence), for and in consideration of (here |
---|
1180 | | - | 37.14insert the consideration), conveys and warrants to C.D., grantee, of (here insert the place |
---|
1181 | | - | 37.15of residence), the following described real estate in the county of .........................., in the |
---|
1182 | | - | 37.16state of Minnesota: (here describe the premises). |
---|
1183 | | - | 37.17 Dated this ............... day of ................, ....... |
---|
1184 | | - | 37.18 (Signature) ................................... |
---|
1185 | | - | 37.19 Every such instrument, duly executed as required by law, shall be a conveyance in fee |
---|
1186 | | - | 37.20simple of the premises described to the grantee, the grantee's heirs and assigns, with |
---|
1187 | | - | 37.21covenants on the part of the grantor, the grantor's heirs and personal representatives, that |
---|
1188 | | - | 37.22the grantor is lawfully seized of the premises in fee simple and has good right to convey |
---|
1189 | | - | 37.23the same; that the premises are free from all encumbrances; that the grantor warrants to the |
---|
1190 | | - | 37.24grantee, the grantee's heirs and assigns, the quiet and peaceable possession thereof; and that |
---|
1191 | | - | 37.25the grantor will defend the title thereto against all persons who may lawfully claim the same. |
---|
1192 | | - | 37.26Such covenants shall be obligatory upon any grantor, the grantor's heirs and personal |
---|
1193 | | - | 37.27representatives, as fully and with like effect as if written at length in such deed. |
---|
1194 | | - | 37.28 QUITCLAIM DEED |
---|
1195 | | - | 37.29 A.B., grantor, of (here insert the place of residence), for the consideration of (here insert |
---|
1196 | | - | 37.30the consideration), conveys and quitclaims to C.D., the grantee, of (here insert the place of |
---|
1197 | | - | 37.31residence), all interest in the following described real estate in the county of .........................., |
---|
1198 | | - | 37.32in the state of Minnesota: (here describe the premises). |
---|
1199 | | - | 37Article 6 Sec. 2. |
---|
1200 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 38.1 Dated this ............... day of ................, ....... |
---|
1201 | | - | 38.2 (Signature) ................................... |
---|
1202 | | - | 38.3 Every such instrument, duly executed, shall be a conveyance to the grantee, the grantee's |
---|
1203 | | - | 38.4heirs and assigns, of all right, title, and interest of the grantor in the premises described, but |
---|
1204 | | - | 38.5shall not extend to after acquired title, unless words expressing such intention be added. |
---|
1205 | | - | 38.6 Sec. 3. Minnesota Statutes 2022, section 508.52, is amended to read: |
---|
1206 | | - | 38.7 508.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW |
---|
1207 | | - | 38.8CERTIFICATE. |
---|
1208 | | - | 38.9 An owner of registered land who desires to convey the land, or a portion thereof, in fee, |
---|
1209 | | - | 38.10shall execute a deed of conveyance, and record the deed with the registrar. The deed of |
---|
1210 | | - | 38.11conveyance shall be recorded and endorsed with the number and place of registration of |
---|
1211 | | - | 38.12the certificate of title. Before canceling the outstanding certificate of title the registrar shall |
---|
1212 | | - | 38.13show by memorial thereon the registration of the deed on the basis of which it is canceled. |
---|
1213 | | - | 38.14The encumbrances, claims, or interests adverse to the title of the registered owner shall be |
---|
1214 | | - | 38.15stated upon the new certificate, except so far as they may be simultaneously released or |
---|
1215 | | - | 38.16discharged. The registrar shall not carry forward as a memorial on the new certificate of |
---|
1216 | | - | 38.17title any memorials of a transfer on death deed if the grantors of the transfer on death deed |
---|
1217 | | - | 38.18retain no fee interest in the land covered by the new certificate. The certificate of title shall |
---|
1218 | | - | 38.19be marked "Canceled" by the registrar, who shall enter in the register a new certificate of |
---|
1219 | | - | 38.20title to the grantee and prepare and deliver to the grantee a copy of the new certificate of |
---|
1220 | | - | 38.21title. The registrar, upon request, shall deliver to the grantee a copy of the new certificate |
---|
1221 | | - | 38.22of title. If a deed in fee is for a portion of the land described in a certificate of title, the |
---|
1222 | | - | 38.23memorial of the deed entered by the registrar shall include the legal description contained |
---|
1223 | | - | 38.24in the deed and the registrar shall enter a new certificate of title to the grantee for the portion |
---|
1224 | | - | 38.25of the land conveyed and, except as otherwise provided in this section, issue a residue |
---|
1225 | | - | 38.26certificate of title to the grantor for the portion of the land not conveyed. The registrar shall |
---|
1226 | | - | 38.27prepare and, upon request, deliver to each of the parties a copy of their respective certificates |
---|
1227 | | - | 38.28of title. In lieu of canceling the grantor's certificate of title and issuing a residue certificate |
---|
1228 | | - | 38.29to the grantor for the portion of the land not conveyed, the registrar may if the grantor's |
---|
1229 | | - | 38.30deed does not divide a parcel of unplatted land, and in the absence of a request to the contrary |
---|
1230 | | - | 38.31by the registered owner, mark by the land description on the certificate of title "Part of land |
---|
1231 | | - | 38.32conveyed, see memorials." The fee for a residue certificate of title shall be paid to the |
---|
1232 | | - | 38.33registrar only when the grantor's certificate of title is canceled after the conveyance by the |
---|
1233 | | - | 38.34grantor of a portion of the land described in the grantor's certificate of title. When two or |
---|
1234 | | - | 38Article 6 Sec. 3. |
---|
1235 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 39.1more successive conveyances of the same property are filed for registration on the same |
---|
1236 | | - | 39.2day the registrar may enter a certificate in favor of the grantee or grantees in the last of the |
---|
1237 | | - | 39.3successive conveyances, and the memorial of the previous deed or deeds entered on the |
---|
1238 | | - | 39.4prior certificate of title shall have the same force and effect as though the prior certificate |
---|
1239 | | - | 39.5of title had been entered in favor of the grantee or grantees in the earlier deed or deeds in |
---|
1240 | | - | 39.6the successive conveyances. The fees for the registration of the earlier deed or deeds shall |
---|
1241 | | - | 39.7be the same as the fees prescribed for the entry of memorials. The registrar of titles, with |
---|
1242 | | - | 39.8the consent of the transferee, may mark "See memorials for new owner(s)" by the names |
---|
1243 | | - | 39.9of the registered owners on the certificate of title and also add to the memorial of the |
---|
1244 | | - | 39.10transferring conveyance a statement that the memorial shall serve in lieu of a new certificate |
---|
1245 | | - | 39.11of title in favor of the grantee or grantees therein noted and may refrain from canceling the |
---|
1246 | | - | 39.12certificate of title until the time it is canceled by a subsequent transfer, and the memorial |
---|
1247 | | - | 39.13showing such transfer of title shall have the same effect as the entry of a new certificate of |
---|
1248 | | - | 39.14title for the land described in the certificate of title; the fee for the registration of a conveyance |
---|
1249 | | - | 39.15without cancellation of the certificate of title shall be the same as the fee prescribed for the |
---|
1250 | | - | 39.16entry of a memorial. |
---|
1251 | | - | 39.17Sec. 4. Minnesota Statutes 2022, section 518.191, subdivision 1, is amended to read: |
---|
1252 | | - | 39.18 Subdivision 1.Abbreviated judgment and decree.If real estate is described in a |
---|
1253 | | - | 39.19judgment and decree of dissolution, the court may shall direct either of the parties or their |
---|
1254 | | - | 39.20legal counsel to prepare and submit to the court a proposed summary real estate disposition |
---|
1255 | | - | 39.21judgment. Upon approval by the court and filing of the summary real estate disposition |
---|
1256 | | - | 39.22judgment with the court administrator, the court administrator shall provide to any party |
---|
1257 | | - | 39.23upon request certified copies of the summary real estate disposition judgment. |
---|
1258 | | - | 39.24Sec. 5. Minnesota Statutes 2022, section 518.191, subdivision 3, is amended to read: |
---|
1259 | | - | 39.25 Subd. 3.Court order.An order or provision in a judgment and decree that provides |
---|
1260 | | - | 39.26that the judgment and decree must be recorded in the office of the county recorder or filed |
---|
1261 | | - | 39.27in the office of the registrar of titles means, if a summary real estate disposition judgment |
---|
1262 | | - | 39.28has been approved by the court, that the summary real estate disposition judgment, rather |
---|
1263 | | - | 39.29than the judgment and decree, must be recorded in the office of the county recorder or filed |
---|
1264 | | - | 39.30in the office of the registrar of titles. The recorder or registrar of titles is not responsible for |
---|
1265 | | - | 39.31determining if a summary real estate disposition judgment has been approved by the court. |
---|
1266 | | - | 39Article 6 Sec. 5. |
---|
1267 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 40.1 Sec. 6. Minnesota Statutes 2022, section 541.023, subdivision 6, is amended to read: |
---|
1268 | | - | 40.2 Subd. 6.Limitations; certain titles not affected.This section shall not affect any rights |
---|
1269 | | - | 40.3of the federal government; nor increase the effect as notice, actual or constructive, of any |
---|
1270 | | - | 40.4instrument now of record; nor bar the rights of any person, partnership, state agency or |
---|
1271 | | - | 40.5department, or corporation in possession of real estate. This section shall not impair the |
---|
1272 | | - | 40.6record title or record interest, or title obtained by or through any congressional or legislative |
---|
1273 | | - | 40.7grant, of any railroad corporation or other public service corporation or any trustee or receiver |
---|
1274 | | - | 40.8thereof or of any educational or religious corporation in any real estate by reason of any |
---|
1275 | | - | 40.9failure to record further evidence of such title or interest even though the record thereof is |
---|
1276 | | - | 40.10now or hereafter more than 40 years old; nor shall this section require the recording of any |
---|
1277 | | - | 40.11notice as provided for in this section as to any undischarged mortgage or deed of trust |
---|
1278 | | - | 40.12executed by any such corporation or any trustee or receiver thereof or to any claim or action |
---|
1279 | | - | 40.13founded upon any such undischarged mortgage or deed of trust. The exceptions of this |
---|
1280 | | - | 40.14subdivision shall not include (1) reservations or exceptions of land for right-of-way or other |
---|
1281 | | - | 40.15railroad purposes contained in deeds of conveyance made by a railroad company or by |
---|
1282 | | - | 40.16trustees or receivers thereof, unless said reserved or excepted land shall have been put to |
---|
1283 | | - | 40.17railroad use within 40 years after the date of said deeds of conveyance, (2) nor any rights |
---|
1284 | | - | 40.18under any conditions subsequent or restrictions contained in any such deeds of conveyance. |
---|
1285 | | - | 40.19Sec. 7. Minnesota Statutes 2022, section 550.365, subdivision 2, is amended to read: |
---|
1286 | | - | 40.20 Subd. 2.Contents.A mediation notice must contain the following notice with the blanks |
---|
1287 | | - | 40.21properly filled in. |
---|
1288 | | - | 40.22 "TO: ....(Name of Judgment Debtor).... |
---|
1289 | | - | 40.23 A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON |
---|
1290 | | - | 40.24....(Date of Judgment). |
---|
1291 | | - | 40.25 AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO |
---|
1292 | | - | 40.26TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED |
---|
1293 | | - | 40.27AS....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE |
---|
1294 | | - | 40.28AMOUNT OF ....(Amount of Debt).... |
---|
1295 | | - | 40.29 YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. |
---|
1296 | | - | 40.30IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE |
---|
1297 | | - | 40.31MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT |
---|
1298 | | - | 40.32WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY |
---|
1299 | | - | 40.33ENFORCES THE DEBT. |
---|
1300 | | - | 40Article 6 Sec. 7. |
---|
1301 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 41.1 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE |
---|
1302 | | - | 41.2AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN |
---|
1303 | | - | 41.3ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE |
---|
1304 | | - | 41.4FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, |
---|
1305 | | - | 41.5IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND |
---|
1306 | | - | 41.6OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS |
---|
1307 | | - | 41.7SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN |
---|
1308 | | - | 41.8AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS. |
---|
1309 | | - | 41.9 TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A |
---|
1310 | | - | 41.10MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU |
---|
1311 | | - | 41.11RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT |
---|
1312 | | - | 41.12ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE |
---|
1313 | | - | 41.13DIRECTOR OF THE MINNESOTA EXTENSION SERVICE. |
---|
1314 | | - | 41.14 FROM: ....(Name and Address of Judgment Creditor)...." |
---|
1315 | | - | 41.15Sec. 8. Minnesota Statutes 2022, section 559.209, subdivision 2, is amended to read: |
---|
1316 | | - | 41.16 Subd. 2.Contents.A mediation notice must contain the following notice with the blanks |
---|
1317 | | - | 41.17properly filled in. |
---|
1318 | | - | 41.18 "TO: ....(Name of Contract for Deed Purchaser).... |
---|
1319 | | - | 41.19 YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE |
---|
1320 | | - | 41.20AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of |
---|
1321 | | - | 41.21Property, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT IS |
---|
1322 | | - | 41.22....(Amount of Debt).... |
---|
1323 | | - | 41.23 AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor).... |
---|
1324 | | - | 41.24INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY. |
---|
1325 | | - | 41.25 YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT |
---|
1326 | | - | 41.26REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS |
---|
1327 | | - | 41.27IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST |
---|
1328 | | - | 41.28MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF |
---|
1329 | | - | 41.29THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE |
---|
1330 | | - | 41.30DEBT. |
---|
1331 | | - | 41.31 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE |
---|
1332 | | - | 41.32AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN |
---|
1333 | | - | 41.33ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE |
---|
1334 | | - | 41Article 6 Sec. 8. |
---|
1335 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 42.1FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, |
---|
1336 | | - | 42.2IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND |
---|
1337 | | - | 42.3OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS |
---|
1338 | | - | 42.4SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN |
---|
1339 | | - | 42.5AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS. |
---|
1340 | | - | 42.6 TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION |
---|
1341 | | - | 42.7YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 |
---|
1342 | | - | 42.8DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM |
---|
1343 | | - | 42.9IS AVAILABLE AT ANY COUNTY EXTENSION OFFICE FROM THE DIRECTOR |
---|
1344 | | - | 42.10OF THE MINNESOTA EXTENSION SERVICE. |
---|
1345 | | - | 42.11 FROM: ....(Name and Address of Contract for Deed Vendor)...." |
---|
1346 | | - | 42.12Sec. 9. Minnesota Statutes 2022, section 582.039, subdivision 2, is amended to read: |
---|
1347 | | - | 42.13 Subd. 2.Contents.A mediation notice must contain the following notice with the blanks |
---|
1348 | | - | 42.14properly filled in. |
---|
1349 | | - | 42.15 "TO: ....(Name of Record Owner).... |
---|
1350 | | - | 42.16 YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL |
---|
1351 | | - | 42.17PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal Description). |
---|
1352 | | - | 42.18THE AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount |
---|
1353 | | - | 42.19of Debt).... |
---|
1354 | | - | 42.20 AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... INTENDS |
---|
1355 | | - | 42.21TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE. |
---|
1356 | | - | 42.22 YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR |
---|
1357 | | - | 42.23MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL |
---|
1358 | | - | 42.24BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT |
---|
1359 | | - | 42.25WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY |
---|
1360 | | - | 42.26ENFORCES THE DEBT. |
---|
1361 | | - | 42.27 IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE |
---|
1362 | | - | 42.28AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL PROVIDE AN |
---|
1363 | | - | 42.29ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE |
---|
1364 | | - | 42.30FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, |
---|
1365 | | - | 42.31IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND |
---|
1366 | | - | 42.32OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS |
---|
1367 | | - | 42Article 6 Sec. 9. |
---|
1368 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 43.1SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN |
---|
1369 | | - | 43.2AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS. |
---|
1370 | | - | 43.3 TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST |
---|
1371 | | - | 43.4FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER |
---|
1372 | | - | 43.5YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE |
---|
1373 | | - | 43.6AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE FROM THE |
---|
1374 | | - | 43.7DIRECTOR OF THE MINNESOTA EXTENSION SERVICE. |
---|
1375 | | - | 43.8 FROM: ....(Name and Address of Holder of Mortgage)...." |
---|
1376 | | - | 43.9 Sec. 10. Minnesota Statutes 2022, section 583.25, is amended to read: |
---|
1377 | | - | 43.10 583.25 VOLUNTARY MEDIATION PROCEEDINGS. |
---|
1378 | | - | 43.11 A debtor that owns agricultural property or a creditor of the debtor may request mediation |
---|
1379 | | - | 43.12of the indebtedness by a farm mediator by applying to the director. The director shall make |
---|
1380 | | - | 43.13provide voluntary mediation application forms available at the county recorder's and county |
---|
1381 | | - | 43.14extension office in each county when requested. The director must evaluate each request |
---|
1382 | | - | 43.15and may direct a mediator to meet with the debtor and creditor to assist in mediation. |
---|
1383 | | - | 43.16Sec. 11. Minnesota Statutes 2022, section 583.26, subdivision 2, is amended to read: |
---|
1384 | | - | 43.17 Subd. 2.Mediation request.(a) A debtor must file a mediation request form with the |
---|
1385 | | - | 43.18director by 14 days after receiving a mediation notice. The debtor must state all known |
---|
1386 | | - | 43.19creditors with debts secured for agricultural property and must authorize the director to |
---|
1387 | | - | 43.20obtain the debtor's credit report from one or more credit reporting agencies. The mediation |
---|
1388 | | - | 43.21request form must include an instruction that the debtor must state all known creditors with |
---|
1389 | | - | 43.22debts secured by agricultural property and unsecured creditors that are necessary for the |
---|
1390 | | - | 43.23farm operation of the debtor. It is the debtor's discretion as to which unsecured creditors |
---|
1391 | | - | 43.24are necessary for the farm operation but the mediation request form must notify the debtor |
---|
1392 | | - | 43.25that omission of a significant unsecured creditor could result in a bad-faith determination |
---|
1393 | | - | 43.26pursuant to section 583.27, subdivisions 1, paragraph (a), clause (2), and 2. The mediation |
---|
1394 | | - | 43.27request must state the date that the notice was served on the debtor. The director shall make |
---|
1395 | | - | 43.28provide mediation request forms available in the county recorder's and county extension |
---|
1396 | | - | 43.29office of each county when requested. |
---|
1397 | | - | 43.30 (b) Except as provided in section 583.24, subdivision 4, paragraph (a), clause (3), a |
---|
1398 | | - | 43.31debtor who fails to file a timely mediation request waives the right to mediation for that |
---|
1399 | | - | 43.32debt under the Farmer-Lender Mediation Act. The director shall notify the creditor who |
---|
1400 | | - | 43Article 6 Sec. 11. |
---|
1401 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 44.1served the mediation notice stating that the creditor may proceed against the agricultural |
---|
1402 | | - | 44.2property because the debtor has failed to file a mediation request. |
---|
1403 | | - | 44.3 (c) If a debtor has not received a mediation notice and is subject to a proceeding of a |
---|
1404 | | - | 44.4creditor enforcing a debt against agricultural property under chapter 580 or 581 or sections |
---|
1405 | | - | 44.5336.9-601 to 336.9-628, terminating a contract for deed to purchase agricultural property |
---|
1406 | | - | 44.6under section 559.21, or garnishing, levying on, executing on, seizing, or attaching |
---|
1407 | | - | 44.7agricultural property, the debtor may file a mediation request with the director. The mediation |
---|
1408 | | - | 44.8request form must indicate that the debtor has not received a mediation notice. |
---|
1409 | | - | 44.9 Sec. 12. Minnesota Statutes 2022, section 600.23, is amended to read: |
---|
1410 | | - | 44.10 600.23 RECORDERS AND COURT ADMINISTRATORS. |
---|
1411 | | - | 44.11 Subdivision 1.Deposit of papers.Every county recorder, upon being paid the legal fees |
---|
1412 | | - | 44.12therefor, shall may receive and deposit in the office any instruments or papers which shall |
---|
1413 | | - | 44.13be are offered for that purpose and, if required requested, shall give to the person depositing |
---|
1414 | | - | 44.14the same a receipt therefor. |
---|
1415 | | - | 44.15 Subd. 2.Endorsed and filed.Any such instruments or papers so received shall be filed |
---|
1416 | | - | 44.16by the officer receiving the same, and so endorsed as to indicate their general nature, the |
---|
1417 | | - | 44.17names of the parties thereto, and time when received, and shall be deposited and kept by |
---|
1418 | | - | 44.18the officer and successors in office in the same manner as the officer's official papers, but |
---|
1419 | | - | 44.19in a place separate therefrom. |
---|
1420 | | - | 44.20 Subd. 3.Withdrawal.Papers and instruments so deposited shall not be made public or |
---|
1421 | | - | 44.21withdrawn from the office except upon the written order of the person depositing the same, |
---|
1422 | | - | 44.22or the person's executors or administrators, or on the order of some court for the purpose |
---|
1423 | | - | 44.23of being read in the court, and then to be returned to the office. |
---|
1424 | | - | 44.24 Subd. 3a.Retention and disposal.Papers and instruments deposited for safekeeping |
---|
1425 | | - | 44.25shall be retained, at a minimum, until the earlier of: |
---|
1426 | | - | 44.26 (1) the county recorder learns of the depositor's death, at which time the county recorder |
---|
1427 | | - | 44.27may deliver the paper or instrument to the appropriate court, or deliver the paper or instrument |
---|
1428 | | - | 44.28to the depositor's executors or administrators; or |
---|
1429 | | - | 44.29 (2) 20 years following the deposit of the paper or instrument, at which time the county |
---|
1430 | | - | 44.30recorder shall dispose of the paper or instrument pursuant to its county's retention policy. |
---|
1431 | | - | 44.31 Subd. 4.Certificate that instrument cannot be found.The certificate of any officer |
---|
1432 | | - | 44.32to whom the legal custody of any instrument belongs, stating that the officer has made |
---|
1433 | | - | 44Article 6 Sec. 12. |
---|
1434 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 45.1diligent search for such instrument and that it cannot be found, shall be prima facie evidence |
---|
1435 | | - | 45.2of the fact so certified to in all cases, matters, and proceedings. |
---|
1436 | | - | 45.3 Sec. 13. REPEALER. |
---|
1437 | | - | 45.4 Minnesota Statutes 2022, sections 346.02; and 582.14, are repealed. |
---|
1438 | | - | 45.5 ARTICLE 7 |
---|
1439 | | - | 45.6 MULTIMEMBER AGENCY APPOINTMENTS |
---|
1440 | | - | 45.7 Section 1. Minnesota Statutes 2022, section 15.0597, subdivision 1, is amended to read: |
---|
1441 | | - | 45.8 Subdivision 1.Definitions.(a) As used in this section, the following terms shall have |
---|
1442 | | - | 45.9the meanings given them. |
---|
1443 | | - | 45.10 (b) "Agency" means (1) a state board, commission, council, committee, authority, task |
---|
1444 | | - | 45.11force, including an advisory task force created under section 15.014 or 15.0593, a group |
---|
1445 | | - | 45.12created by executive order of the governor, or other similar multimember agency created |
---|
1446 | | - | 45.13by law and having statewide jurisdiction; and (2) the Metropolitan Council, metropolitan |
---|
1447 | | - | 45.14agency, Capitol Area Architectural and Planning Board, and any agency with a regional |
---|
1448 | | - | 45.15jurisdiction created in this state pursuant to an interstate compact. |
---|
1449 | | - | 45.16 (c) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing agency, |
---|
1450 | | - | 45.17or (2) a new, unfilled agency position. Vacancy includes a position that is to be filled through |
---|
1451 | | - | 45.18appointment of a nonlegislator by a legislator or group of legislators; Vacancy does not |
---|
1452 | | - | 45.19mean (1) a vacant position on an agency composed exclusively of persons employed by a |
---|
1453 | | - | 45.20political subdivision or another agency, or (2) a vacancy to be filled by a person required |
---|
1454 | | - | 45.21to have a specific title or position, (3) a vacancy that is to be filled through appointment of |
---|
1455 | | - | 45.22a legislator by a legislator or group of legislators, or (4) a position appointed by a private |
---|
1456 | | - | 45.23entity or individual, in the manner specified in the document creating the agency, unless |
---|
1457 | | - | 45.24otherwise provided. |
---|
1458 | | - | 45.25 (d) "Secretary" means the secretary of state. |
---|
1459 | | - | 45.26 (e) "Appointing authority" means the individual or entity with the specific authority to |
---|
1460 | | - | 45.27appoint open or direct appointment positions. This includes, but is not limited to, the |
---|
1461 | | - | 45.28governor, state agency commissioners, indigenous Tribal leaders, designated legislative |
---|
1462 | | - | 45.29leaders and local agency heads, persons who have been specifically delegated the authority |
---|
1463 | | - | 45.30to make those appointments, or private entities or persons as designated by the document |
---|
1464 | | - | 45.31creating the agency. Appointments should be evidenced by a document signed by the |
---|
1465 | | - | 45Article 7 Section 1. |
---|
1466 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 46.1appointing authority's most senior official. Appointments that do not specify an appointing |
---|
1467 | | - | 46.2authority shall be made in the manner provided in section 4.04. |
---|
1468 | | - | 46.3 (f) "Direct appointments" means: (1) the appointment of members to an agency, pursuant |
---|
1469 | | - | 46.4to a process not subject to this section; and (2) those members of an agency appointed |
---|
1470 | | - | 46.5through a process not subject to this section. Direct appointments must be provided for |
---|
1471 | | - | 46.6specifically in the documents creating the agency, whether enabling law, executive order, |
---|
1472 | | - | 46.7commissioner's order, or otherwise. |
---|
1473 | | - | 46.8 Sec. 2. Minnesota Statutes 2022, section 15.0597, subdivision 4, is amended to read: |
---|
1474 | | - | 46.9 Subd. 4.Notice of vacancies.The chair of an existing agency, shall notify the secretary |
---|
1475 | | - | 46.10by electronic means of a vacancy scheduled to occur in the agency as a result of the expiration |
---|
1476 | | - | 46.11of membership terms at least 45 days before the vacancy occurs. The chair of an existing |
---|
1477 | | - | 46.12agency shall give electronic notification to must notify the secretary of each vacancy |
---|
1478 | | - | 46.13occurring as a result of newly created agency positions and of every other vacancy occurring |
---|
1479 | | - | 46.14for any reason other than the expiration of membership terms as soon as possible upon |
---|
1480 | | - | 46.15learning of the vacancy and in any case within 15 days after the occurrence of the vacancy. |
---|
1481 | | - | 46.16The chair may submit vacancy notices by posting seat openings on the secretary of state's |
---|
1482 | | - | 46.17boards and commissions website. |
---|
1483 | | - | 46.18 (b) If a vacancy is to be appointed by the governor, the chair must first notify the governor |
---|
1484 | | - | 46.19and receive permission to post the vacancy. Where a vacancy is created by resignation, the |
---|
1485 | | - | 46.20vacancy may not be posted until receipt and acceptance of the resignation of the incumbent |
---|
1486 | | - | 46.21as provided by section 351.01, subdivision 1, clause (2), is confirmed by the governor. |
---|
1487 | | - | 46.22 (c) The appointing authority for newly created agencies shall give electronic notification |
---|
1488 | | - | 46.23to the secretary of all vacancies in the new agency within 15 days after the creation of the |
---|
1489 | | - | 46.24agency. The secretary may require the submission of notices required by this subdivision |
---|
1490 | | - | 46.25by electronic means. |
---|
1491 | | - | 46.26 (d) The secretary shall publish monthly on the website of the secretary of state a list of |
---|
1492 | | - | 46.27all vacancies of which the secretary has been so notified. Only one notice of a vacancy shall |
---|
1493 | | - | 46.28be so published, unless the appointing authority rejects all applicants and requests the |
---|
1494 | | - | 46.29secretary to republish the notice of vacancy. One copy of the listing shall be made available |
---|
1495 | | - | 46.30at the office of the secretary to any interested person. The secretary shall distribute by mail |
---|
1496 | | - | 46.31or electronic means copies of the listings to requesting persons. |
---|
1497 | | - | 46Article 7 Sec. 2. |
---|
1498 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 47.1 (e) The listing for all vacancies scheduled to occur in the month of January shall be |
---|
1499 | | - | 47.2published on the website of the secretary of state together with the compilation of agency |
---|
1500 | | - | 47.3data required to be published pursuant to subdivision 3. |
---|
1501 | | - | 47.4 (f) If a vacancy occurs within three months after an appointment is made to fill a regularly |
---|
1502 | | - | 47.5scheduled vacancy, the appointing authority may, upon notification by electronic means to |
---|
1503 | | - | 47.6the secretary, fill the vacancy by appointment from the list of persons submitting applications |
---|
1504 | | - | 47.7to fill the regularly scheduled vacancy. |
---|
1505 | | - | 47.8 Sec. 3. Minnesota Statutes 2022, section 15.0597, subdivision 5, is amended to read: |
---|
1506 | | - | 47.9 Subd. 5.Nominations for vacancies.Any person may make a self-nomination for |
---|
1507 | | - | 47.10appointment to an agency vacancy by completing an application on a form prepared and |
---|
1508 | | - | 47.11distributed by the secretary. The secretary may provide for the submission of the application |
---|
1509 | | - | 47.12by electronic means. Any person or group of persons may, on the prescribed application |
---|
1510 | | - | 47.13form, nominate another person to be appointed to a vacancy so long as the person so |
---|
1511 | | - | 47.14nominated consents on the application form to the nomination. The application form shall |
---|
1512 | | - | 47.15specify the nominee's name, mailing address, electronic mail address, telephone number, |
---|
1513 | | - | 47.16preferred agency position sought, a statement that the nominee satisfies any legally prescribed |
---|
1514 | | - | 47.17qualifications, a statement whether the applicant has ever been convicted of a felony, and |
---|
1515 | | - | 47.18any other information the nominating person feels would be helpful to the appointing |
---|
1516 | | - | 47.19authority. The nominating person has the option of indicating the nominee's sex, political |
---|
1517 | | - | 47.20party preference or lack thereof, status with regard to disability, race, veteran status, and |
---|
1518 | | - | 47.21national origin on the application form. The application form shall make the option known. |
---|
1519 | | - | 47.22If a person submits an application at the suggestion of an appointing authority, the person |
---|
1520 | | - | 47.23shall so indicate on the application form. Twenty-one days after publication of a vacancy |
---|
1521 | | - | 47.24on the website of the secretary of state pursuant to subdivision 4, the secretary shall submit |
---|
1522 | | - | 47.25electronic copies of all applications received for a position to the appointing authority |
---|
1523 | | - | 47.26charged with filling the vacancy. If no applications have been received by the secretary for |
---|
1524 | | - | 47.27the vacant position by the date when electronic copies must be submitted to the appointing |
---|
1525 | | - | 47.28authority, the secretary shall so inform the appointing authority. Applications received by |
---|
1526 | | - | 47.29the secretary shall be deemed to have expired one year after receipt of the application. An |
---|
1527 | | - | 47.30application for a particular agency position shall be deemed to be an application for all |
---|
1528 | | - | 47.31vacancies in that agency occurring prior to the expiration of the application and shall be |
---|
1529 | | - | 47.32public information. |
---|
1530 | | - | 47Article 7 Sec. 3. |
---|
1531 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 48.1 Sec. 4. Minnesota Statutes 2022, section 15.0597, subdivision 6, is amended to read: |
---|
1532 | | - | 48.2 Subd. 6.Appointments.(a) In making an appointment to a vacant agency position, the |
---|
1533 | | - | 48.3appointing authority shall consider applications for positions in that agency supplied by the |
---|
1534 | | - | 48.4secretary. No appointing authority may appoint someone to a vacant agency position until |
---|
1535 | | - | 48.5(1) ten five days after receipt of the applications for positions in that agency from the |
---|
1536 | | - | 48.6secretary or (2) receipt of notice from the secretary that no applications have been received |
---|
1537 | | - | 48.7for vacant positions in that agency as provided for in subdivision 5. At least five days before |
---|
1538 | | - | 48.8the date of appointment, the appointing authority shall issue a public announcement and |
---|
1539 | | - | 48.9inform the secretary by electronic means of the name of the person the appointing authority |
---|
1540 | | - | 48.10intends to appoint has appointed to fill the agency vacancy and the expiration date of that |
---|
1541 | | - | 48.11person's term. |
---|
1542 | | - | 48.12 (b) No person may serve in a position until the appointing authority has submitted either |
---|
1543 | | - | 48.13(1) a signed notice of appointment or (2) the documents required by paragraph (e) to the |
---|
1544 | | - | 48.14secretary of state, and the term of the appointee may not commence on a date preceding the |
---|
1545 | | - | 48.15date of the signature on the notice of appointment or the paragraph (e) submission. |
---|
1546 | | - | 48.16 (c) An oath of office for each appointee to an agency must be submitted to the secretary |
---|
1547 | | - | 48.17of state under section 358.05. |
---|
1548 | | - | 48.18 (d) If the appointing authority intends to appoint a person other than one for whom an |
---|
1549 | | - | 48.19application was submitted pursuant to this section, the appointing authority shall complete |
---|
1550 | | - | 48.20an application form on behalf of the appointee and submit it to the secretary indicating on |
---|
1551 | | - | 48.21the application that it is submitted by the appointing authority. |
---|
1552 | | - | 48.22 (e) An appointing authority making a direct appointment must submit a letter to the |
---|
1553 | | - | 48.23secretary of state stating the name of the person appointed, the agency and the specific seat |
---|
1554 | | - | 48.24to which they are appointed, contact information, the date on which the term begins, and |
---|
1555 | | - | 48.25length of the term. |
---|
1556 | | - | 48.26 (f) No person may simultaneously occupy more than one position on the same agency |
---|
1557 | | - | 48.27board. Appointment or designation of a member as chair of an agency does not constitute |
---|
1558 | | - | 48.28a violation of this paragraph. |
---|
1559 | | - | 48.29Sec. 5. Minnesota Statutes 2022, section 351.01, subdivision 2, is amended to read: |
---|
1560 | | - | 48.30 Subd. 2.When effective.Except as provided by subdivision 3 or other express provision |
---|
1561 | | - | 48.31of law or charter to the contrary, a resignation is effective when it is received by the officer, |
---|
1562 | | - | 48.32body, or board authorized to receive it. In the case of a position appointed by the governor |
---|
1563 | | - | 48.33under section 15.0597, the resignation must be submitted to the governor. |
---|
1564 | | - | 48Article 7 Sec. 5. |
---|
1565 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 49.1 Sec. 6. Minnesota Statutes 2022, section 364.021, is amended to read: |
---|
1566 | | - | 49.2 364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF |
---|
1567 | | - | 49.3CRIMINAL RECORDS. |
---|
1568 | | - | 49.4 (a) A public or private employer may not inquire into or consider or require disclosure |
---|
1569 | | - | 49.5of the criminal record or criminal history of an applicant for employment until the applicant |
---|
1570 | | - | 49.6has been selected for an interview by the employer or, if there is not an interview, before a |
---|
1571 | | - | 49.7conditional offer of employment is made to the applicant. |
---|
1572 | | - | 49.8 (b) This section does not apply to the Department of Corrections or to employers who |
---|
1573 | | - | 49.9have a statutory duty to conduct a criminal history background check or otherwise take into |
---|
1574 | | - | 49.10consideration a potential employee's criminal history during the hiring process. |
---|
1575 | | - | 49.11 (c) This section does not prohibit an employer from notifying applicants that law or the |
---|
1576 | | - | 49.12employer's policy will disqualify an individual with a particular criminal history background |
---|
1577 | | - | 49.13from employment in particular positions. |
---|
1578 | | - | 49.14 (d) An appointing authority may not inquire into or consider or require disclosure of the |
---|
1579 | | - | 49.15criminal record or criminal history of an applicant for appointment to multimember agencies, |
---|
1580 | | - | 49.16including boards, commissions, agencies, committees, councils, authorities, advisory task |
---|
1581 | | - | 49.17forces, and advisory councils, on an application form or, until the applicant has been selected |
---|
1582 | | - | 49.18for an interview by the appointing authority or is otherwise selected as a final candidate for |
---|
1583 | | - | 49.19appointment. |
---|
1584 | | - | 49.20Sec. 7. Minnesota Statutes 2022, section 364.06, subdivision 1, is amended to read: |
---|
1585 | | - | 49.21 Subdivision 1.Public employers.Any complaints or grievances concerning violations |
---|
1586 | | - | 49.22of sections 364.01 to 364.10 by public employers or violations of section 364.021 by public |
---|
1587 | | - | 49.23appointing authorities shall be processed and adjudicated in accordance with the procedures |
---|
1588 | | - | 49.24set forth in chapter 14, the Administrative Procedure Act. |
---|
1589 | | - | 49Article 7 Sec. 7. |
---|
1590 | | - | S0200-1 1st EngrossmentSF200 REVISOR KLL 346.02 FINDER TO GIVE NOTICE; PENALTY. |
---|
1591 | | - | A person who finds an estray and knows who owns it shall notify the owner within seven days |
---|
1592 | | - | after finding the estray and request the owner to pay all reasonable charges and take such estray |
---|
1593 | | - | away. A finder who does not know who owns the estray shall within ten days file a notice with the |
---|
1594 | | - | town clerk. The clerk shall transmit a copy thereof to the county recorder, who shall record the |
---|
1595 | | - | same in a book designated "estray book." The finder shall give posted notice of the finding of the |
---|
1596 | | - | estray in said town. The notice shall briefly describe the estray, giving its marks, natural and artificial, |
---|
1597 | | - | as nearly as practicable, naming the residence of the finder, and specifying the town, section, and |
---|
1598 | | - | time when taken up. For failure to give such notice, the finder shall be liable to the owner of the |
---|
1599 | | - | estray in double the amount of damages sustained by the owner thereby. |
---|
1600 | | - | 363A.20 EXEMPTION BASED ON EMPLOYMENT . |
---|
1601 | | - | Subd. 3.Nonpublic service organization.The provisions of section 363A.08 shall not apply |
---|
1602 | | - | to a nonpublic service organization whose primary function is providing occasional services to |
---|
1603 | | - | minors, such as youth sports organizations, scouting organizations, boys' or girls' clubs, programs |
---|
1604 | | - | providing friends, counselors, or role models for minors, youth theater, dance, music or artistic |
---|
1605 | | - | organizations, agricultural organizations for minors, including 4-H clubs, and other youth |
---|
1606 | | - | organizations, with respect to qualifications of employees or volunteers based on sexual orientation. |
---|
1607 | | - | 363A.27 CONSTRUCTION OF LAW. |
---|
1608 | | - | Nothing in this chapter shall be construed to: |
---|
1609 | | - | (1) mean the state of Minnesota condones homosexuality or bisexuality or any equivalent |
---|
1610 | | - | lifestyle; |
---|
1611 | | - | (2) authorize or permit the promotion of homosexuality or bisexuality in education institutions |
---|
1612 | | - | or require the teaching in education institutions of homosexuality or bisexuality as an acceptable |
---|
1613 | | - | lifestyle; |
---|
1614 | | - | (3) authorize or permit the use of numerical goals or quotas, or other types of affirmative action |
---|
1615 | | - | programs, with respect to homosexuality or bisexuality in the administration or enforcement of the |
---|
1616 | | - | provisions of this chapter; or |
---|
1617 | | - | (4) authorize the recognition of or the right of marriage between persons of the same sex. |
---|
1618 | | - | 504B.305 NOTICE OF SEIZURE PROVISION. |
---|
1619 | | - | Landlords shall give written notice to tenants of the provision relating to seizures in section |
---|
1620 | | - | 504B.301. Failure to give such notice does not subject the landlord to criminal or civil liability and |
---|
1621 | | - | is not a defense under section 609.5317, subdivision 3. |
---|
1622 | | - | 582.14 LIMITATION ON OLD FORECLOSURE ACTIONS. |
---|
1623 | | - | No action or proceeding to foreclose a real estate mortgage executed prior to November 1, 1909, |
---|
1624 | | - | shall be maintained after January 1, 1946, unless prior to said date the owner of said mortgage shall |
---|
1625 | | - | have filed in the office of the county recorder of the county in which is located the real estate covered |
---|
1626 | | - | thereby, a notice setting forth the name of the claimant, a description of said real estate and of said |
---|
1627 | | - | mortgage including the volume and page at which it is of record and a statement of the amount |
---|
1628 | | - | claimed to be due thereon. Such notices may be discharged in the same manner as notices of lis |
---|
1629 | | - | pendens, and, so discharged, shall, together with all information included therein, cease to constitute |
---|
1630 | | - | either actual or constructive notice. |
---|
1631 | | - | 1R |
---|
1632 | | - | APPENDIX |
---|
1633 | | - | Repealed Minnesota Statutes: S0200-1 |
---|
| 31 | + | Introduction and first reading01/12/2023 |
---|
| 32 | + | Referred to Judiciary and Public Safety 2.1shall include the entry of judgment in the action, but does not include copies or certified |
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| 33 | + | 2.2copies of any papers so filed or proceedings under chapter 103E, except the provisions |
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| 34 | + | 2.3therein as to appeals. |
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| 35 | + | 2.4 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8 |
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| 36 | + | 2.5for an uncertified copy. |
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| 37 | + | 2.6 (3) Issuing a subpoena, $16 for each name. |
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| 38 | + | 2.7 (4) Filing a motion or response to a motion in civil, family, excluding child support, and |
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| 39 | + | 2.8guardianship cases, $75. |
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| 40 | + | 2.9 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment, |
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| 41 | + | 2.10injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically |
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| 42 | + | 2.11mentioned, $55. |
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| 43 | + | 2.12 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment |
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| 44 | + | 2.13from another court, $40. |
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| 45 | + | 2.14 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of |
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| 46 | + | 2.15judgment, $5. |
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| 47 | + | 2.16 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name |
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| 48 | + | 2.17certified to. |
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| 49 | + | 2.18 (9) Filing and indexing trade name; or recording basic science certificate; or recording |
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| 50 | + | 2.19certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists, |
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| 51 | + | 2.20$5. |
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| 52 | + | 2.21 (10) For the filing of each partial, final, or annual account in all trusteeships, $55. |
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| 53 | + | 2.22 (11) For the deposit of a will, $27. |
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| 54 | + | 2.23 (12) For recording notary commission, $20. |
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| 55 | + | 2.24 (13) Filing a motion or response to a motion for modification of child support, a fee of |
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| 56 | + | 2.25$50. |
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| 57 | + | 2.26 (14) All other services required by law for which no fee is provided, such fee as compares |
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| 58 | + | 2.27favorably with those herein provided, or such as may be fixed by rule or order of the court. |
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| 59 | + | 2.28 (15) In addition to any other filing fees under this chapter, a surcharge in the amount of |
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| 60 | + | 2.29$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption |
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| 61 | + | 2.30petition filed in district court to fund the fathers' adoption registry under section 259.52. |
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| 62 | + | 2Section 1. |
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| 63 | + | 23-01336 as introduced12/22/22 REVISOR KLL/KA 3.1 The fees in clauses (3) and (5) need not be paid by a public authority or the party the |
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| 64 | + | 3.2public authority represents. No fee may be charged for an uncertified copy of an instrument |
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| 65 | + | 3.3from a civil or criminal proceeding. |
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| 66 | + | 3.4 Sec. 2. [484.93] COURTHOUSE BUILDING; ATTORNEY ACCESS. |
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| 67 | + | 3.5 Subdivision 1.Courthouse building access.The district court administrator of each |
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| 68 | + | 3.6judicial district in consultation with the manager or managers of the courthouse building or |
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| 69 | + | 3.7buildings and the county board in that district shall provide entry at a secured entrance into |
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| 70 | + | 3.8the courthouse building to an attorney with a valid private attorney court identification |
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| 71 | + | 3.9badge without the attorney being subject to an electronic or other physical search of person |
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| 72 | + | 3.10or belongings. Where feasible, a separate line or entrance must be designated for attorneys |
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| 73 | + | 3.11with valid private attorney court identification badges. In locations where an attorney must |
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| 74 | + | 3.12enter with the public, front of the line access must be given to the attorney with a valid |
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| 75 | + | 3.13badge for entry into the building without being subject to an electronic or other physical |
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| 76 | + | 3.14search of person or belongings. |
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| 77 | + | 3.15 Subd. 2.Attorney badge.The district court administrator of each judicial district must |
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| 78 | + | 3.16provide a private attorney court identification badge to each attorney who is admitted and |
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| 79 | + | 3.17licensed to practice law in the state, completes an application for a badge, passes a |
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| 80 | + | 3.18background check, and pays the processing fee. The district court administrator must consult |
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| 81 | + | 3.19with the State Court Administrator's Office to develop an application form, process, and |
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| 82 | + | 3.20fee for providing court identification badges to attorneys for entry into courthouse buildings |
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| 83 | + | 3.21without being subject to electronic or other physical search of person or belongings. |
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| 84 | + | 3.22 Sec. 3. [484.94] ATTORNEY ACCESS TO COURT RECORDS. |
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| 85 | + | 3.23 An attorney who is admitted and licensed to practice law in the state may apply for a |
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| 86 | + | 3.24Minnesota Government Access account to access electronic court records and documents |
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| 87 | + | 3.25stored in the Minnesota Court Information System for cases in state district courts. An |
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| 88 | + | 3.26attorney shall be able to view and print case documents and information without cost to the |
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| 89 | + | 3.27attorney. |
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| 90 | + | 3Sec. 3. |
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| 91 | + | 23-01336 as introduced12/22/22 REVISOR KLL/KA |
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