| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to human rights; prohibiting the Department of Human Rights from |
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| 3 | 3 | | 1.3 maintaining a collection or database on incidents of protected speech; amending |
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| 4 | 4 | | 1.4 Minnesota Statutes 2024, section 363A.06, subdivision 1. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 363A.06, subdivision 1, is amended to read: |
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| 7 | 7 | | 1.7 Subdivision 1.Formulation of policies.(a) The commissioner shall formulate policies |
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| 8 | 8 | | 1.8to effectuate the purposes of this chapter and shall do the following: |
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| 9 | 9 | | 1.9 (1) exercise leadership under the direction of the governor in the development of human |
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| 10 | 10 | | 1.10rights policies and programs, and make recommendations to the governor and the legislature |
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| 11 | 11 | | 1.11for their consideration and implementation; |
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| 12 | 12 | | 1.12 (2) establish and maintain a principal office in St. Paul, and any other necessary branch |
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| 13 | 13 | | 1.13offices at any location within the state; |
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| 14 | 14 | | 1.14 (3) meet and function at any place within the state; |
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| 15 | 15 | | 1.15 (4) employ attorneys, clerks, and other employees and agents as the commissioner may |
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| 16 | 16 | | 1.16deem necessary and prescribe their duties; |
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| 17 | 17 | | 1.17 (5) to the extent permitted by federal law and regulation, utilize the records of the |
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| 18 | 18 | | 1.18Department of Employment and Economic Development of the state when necessary to |
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| 19 | 19 | | 1.19effectuate the purposes of this chapter; |
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| 20 | 20 | | 1.20 (6) obtain upon request and utilize the services of all state governmental departments |
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| 21 | 21 | | 1.21and agencies; |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | 25-01924 as introduced01/24/25 REVISOR SGS/BM |
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| 24 | 24 | | SENATE |
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| 25 | 25 | | STATE OF MINNESOTA |
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| 26 | 26 | | S.F. No. 1368NINETY-FOURTH SESSION |
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| 27 | 27 | | (SENATE AUTHORS: LIMMER, Kreun and Howe) |
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| 28 | 28 | | OFFICIAL STATUSD-PGDATE |
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| 29 | 29 | | Introduction and first reading02/13/2025 |
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| 30 | 30 | | Referred to Judiciary and Public Safety 2.1 (7) adopt suitable rules for effectuating the purposes of this chapter; |
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| 31 | 31 | | 2.2 (8) issue complaints, receive and investigate charges alleging unfair discriminatory |
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| 32 | 32 | | 2.3practices, and determine whether or not probable cause exists for hearing; |
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| 33 | 33 | | 2.4 (9) subpoena witnesses, administer oaths, take testimony, and require the production for |
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| 34 | 34 | | 2.5examination of any books or papers relative to any matter under investigation or in question |
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| 35 | 35 | | 2.6as the commissioner deems appropriate to carry out the purposes of this chapter; |
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| 36 | 36 | | 2.7 (10) attempt, by means of education, conference, conciliation, and persuasion to eliminate |
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| 37 | 37 | | 2.8unfair discriminatory practices as being contrary to the public policy of the state; |
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| 38 | 38 | | 2.9 (11) develop and conduct programs of formal and informal education designed to |
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| 39 | 39 | | 2.10eliminate discrimination and intergroup conflict by use of educational techniques and |
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| 40 | 40 | | 2.11programs the commissioner deems necessary; |
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| 41 | 41 | | 2.12 (12) make a written report of the activities of the commissioner to the governor each |
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| 42 | 42 | | 2.13year; |
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| 43 | 43 | | 2.14 (13) accept gifts, bequests, grants, or other payments public and private to help finance |
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| 44 | 44 | | 2.15the activities of the department; |
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| 45 | 45 | | 2.16 (14) create such local and statewide advisory committees as will in the commissioner's |
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| 46 | 46 | | 2.17judgment aid in effectuating the purposes of the Department of Human Rights; |
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| 47 | 47 | | 2.18 (15) develop such programs as will aid in determining the compliance throughout the |
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| 48 | 48 | | 2.19state with the provisions of this chapter, and in the furtherance of such duties, conduct |
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| 49 | 49 | | 2.20research and study discriminatory practices based upon race, color, creed, religion, national |
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| 50 | 50 | | 2.21origin, sex, gender identity, age, disability, marital status, status with regard to public |
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| 51 | 51 | | 2.22assistance, familial status, sexual orientation, or other factors and develop accurate data on |
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| 52 | 52 | | 2.23the nature and extent of discrimination and other matters as they may affect housing, |
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| 53 | 53 | | 2.24employment, public accommodations, schools, and other areas of public life; |
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| 54 | 54 | | 2.25 (16) develop and disseminate technical assistance to persons subject to the provisions |
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| 55 | 55 | | 2.26of this chapter, and to agencies and officers of governmental and private agencies; |
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| 56 | 56 | | 2.27 (17) provide staff services to such advisory committees as may be created in aid of the |
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| 57 | 57 | | 2.28functions of the Department of Human Rights; |
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| 58 | 58 | | 2.29 (18) make grants in aid to the extent that appropriations are made available for that |
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| 59 | 59 | | 2.30purpose in aid of carrying out duties and responsibilities; |
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| 60 | 60 | | 2Section 1. |
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| 61 | 61 | | 25-01924 as introduced01/24/25 REVISOR SGS/BM 3.1 (19) cooperate and consult with the commissioner of labor and industry regarding the |
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| 62 | 62 | | 3.2investigation of violations of, and resolution of complaints regarding section 181C.06 or |
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| 63 | 63 | | 3.3363A.08, subdivision 7; and |
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| 64 | 64 | | 3.4 (20) analyze civil rights trends pursuant to this chapter, including information compiled |
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| 65 | 65 | | 3.5from community organizations that work directly with historically marginalized communities, |
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| 66 | 66 | | 3.6and prepare a report each biennium that recommends policy and system changes to reduce |
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| 67 | 67 | | 3.7and prevent further civil rights incidents across Minnesota. The report shall be provided to |
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| 68 | 68 | | 3.8the chairs and ranking minority members of the house of representatives and senate |
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| 69 | 69 | | 3.9committees with jurisdiction over the Department of Human Rights. This report must also |
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| 70 | 70 | | 3.10be posted on the Department of Human Rights' public website and shared with community |
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| 71 | 71 | | 3.11organizations that work with historically marginalized communities. Notwithstanding the |
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| 72 | 72 | | 3.12provisions in this subdivision or any other provision of law, the Department of Human |
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| 73 | 73 | | 3.13Rights shall not, directly or indirectly, maintain in any collection or database any incident |
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| 74 | 74 | | 3.14of protected speech nor shall the department, directly or indirectly, offer any reward for the |
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| 75 | 75 | | 3.15reporting of any incident of protected speech. As used in this clause, "protected speech" |
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| 76 | 76 | | 3.16includes any exercise of the right of freedom of speech or of the press, the right to assemble |
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| 77 | 77 | | 3.17or petition, or the right of association guaranteed by the United States Constitution or the |
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| 78 | 78 | | 3.18Minnesota Constitution. |
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| 79 | 79 | | 3.19 In performing these duties, the commissioner shall give priority to those duties in clauses |
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| 80 | 80 | | 3.20(8), (9), and (10) and to the duties in section 363A.36. |
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| 81 | 81 | | 3.21 (b) All gifts, bequests, grants, or other payments, public and private, accepted under |
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| 82 | 82 | | 3.22paragraph (a), clause (13), must be deposited in the state treasury and credited to a special |
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| 83 | 83 | | 3.23account. Money in the account is appropriated to the commissioner of human rights to help |
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| 84 | 84 | | 3.24finance activities of the department. |
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| 85 | 85 | | 3Section 1. |
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| 86 | 86 | | 25-01924 as introduced01/24/25 REVISOR SGS/BM |
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