Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3321 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to state government; removing gender-affirming care provisions limiting
3	3	1.3 the impact of certain laws; amending Minnesota Statutes 2024, sections 518D.201;
4	4	1.4 518D.204; 518D.207; 629.02; 629.05; 629.06; 629.13; 629.14; repealing Minnesota
5	5	1.5 Statutes 2024, sections 62Q.585; 260.925; 543.23.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 518D.201, is amended to read:
8	8	1.8 518D.201 INITIAL CHILD CUSTODY JURISDICTION.
9	9	1.9 (a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction
10	10	1.10to make an initial child custody determination only if:
11	11	1.11 (1) this state is the home state of the child on the date of the commencement of the
12	12	1.12proceeding, or was the home state of the child within six months before the commencement
13	13	1.13of the proceeding and the child is absent from this state but a parent or person acting as a
14	14	1.14parent continues to live in this state;
15	15	1.15 (2) a court of another state does not have jurisdiction under clause (1), or a court of the
16	16	1.16home state of the child has declined to exercise jurisdiction on the ground that this state is
17	17	1.17the more appropriate forum under section 518D.207 or 518D.208, and:
18	18	1.18 (i) the child and the child's parents, or the child and at least one parent or a person acting
19	19	1.19as a parent, have a significant connection with this state other than mere physical presence;
20	20	1.20and
21	21	1.21 (ii) substantial evidence is available in this state concerning the child's care, protection,
22	22	1.22training, and personal relationships;
23	23	1Section 1.
24	24	25-03218 as introduced02/20/25 REVISOR VH/VJ
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 3321NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: WESENBERG, Westrom, Lieske, Farnsworth and Lucero)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading04/07/2025
31	31	Referred to Judiciary and Public Safety 2.1 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise
32	32	2.2jurisdiction on the ground that a court of this state is the more appropriate forum to determine
33	33	2.3the custody of the child under section 518D.207 or 518D.208; or
34	34	2.4 (4) no court of any other state would have jurisdiction under the criteria specified in
35	35	2.5clause (1), (2), or (3).
36	36	2.6 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
37	37	2.7determination by a court of this state.
38	38	2.8 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
39	39	2.9or sufficient to make a child custody determination.
40	40	2.10 (d) The presence of a child in this state for the purpose of obtaining gender-affirming
41	41	2.11health care as defined in section 543.23, paragraph (b), is sufficient to meet the requirements
42	42	2.12of paragraph (a), clause (2), item (i).
43	43	2.13 EFFECTIVE DATE.This section is effective the day following final enactment.
44	44	2.14 Sec. 2. Minnesota Statutes 2024, section 518D.204, is amended to read:
45	45	2.15 518D.204 TEMPORARY EMERGENCY JURISDICTION.
46	46	2.16 (a) A court of this state has temporary emergency jurisdiction if the child is present in
47	47	2.17this state and:
48	48	2.18 (1) the child has been abandoned; or
49	49	2.19 (2) it is necessary in an emergency to protect the child because the child, or a sibling or
50	50	2.20parent of the child, is subjected to or threatened with mistreatment or abuse; or.
51	51	2.21 (3) the child has been unable to obtain gender-affirming health care as defined in section
52	52	2.22543.23, paragraph (b).
53	53	2.23 (b) If there is no previous child custody determination that is entitled to be enforced
54	54	2.24under this chapter, and a child custody proceeding has not been commenced in a court of a
55	55	2.25state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination
56	56	2.26made under this section remains in effect until an order is obtained from a court of a state
57	57	2.27having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding
58	58	2.28has not been or is not commenced in a court of a state having jurisdiction under sections
59	59	2.29518D.201 to 518D.203, a child custody determination made under this section becomes a
60	60	2.30final determination, if it so provides and this state becomes the home state of the child.
61	61	2Sec. 2.
62	62	25-03218 as introduced02/20/25 REVISOR VH/VJ 3.1 (c) If there is a previous child custody determination that is entitled to be enforced under
63	63	3.2this chapter, or a child custody proceeding has been commenced in a court of a state having
64	64	3.3jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state
65	65	3.4under this section must specify in the order a period that the court considers adequate to
66	66	3.5allow the person seeking an order to obtain an order from the state having jurisdiction under
67	67	3.6sections 518D.201 to 518D.203. The order issued in this state remains in effect until an
68	68	3.7order is obtained from the other state within the period specified or the period expires.
69	69	3.8 (d) A court of this state which has been asked to make a child custody determination
70	70	3.9under this section, upon being informed that a child custody proceeding has been commenced
71	71	3.10in, or a child custody determination has been made by, a court of a state having jurisdiction
72	72	3.11under sections 518D.201 to 518D.203, shall immediately communicate with the other court.
73	73	3.12A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to
74	74	3.13518D.203, upon being informed that a child custody proceeding has been commenced in,
75	75	3.14or a child custody determination has been made by, a court of another state under a statute
76	76	3.15similar to this section shall immediately communicate with the court of that state to resolve
77	77	3.16the emergency, protect the safety of the parties and the child, and determine a period for
78	78	3.17the duration of the temporary order.
79	79	3.18 EFFECTIVE DATE.This section is effective the day following final enactment.
80	80	3.19 Sec. 3. Minnesota Statutes 2024, section 518D.207, is amended to read:
81	81	3.20 518D.207 INCONVENIENT FORUM.
82	82	3.21 (a) A court of this state which has jurisdiction under this chapter to make a child custody
83	83	3.22determination may decline to exercise its jurisdiction at any time if it determines that it is
84	84	3.23an inconvenient forum under the circumstances and that a court of another state is a more
85	85	3.24appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
86	86	3.25the court's own motion, or request of another court.
87	87	3.26 (b) Before determining whether it is an inconvenient forum, a court of this state shall
88	88	3.27consider whether it is appropriate for a court of another state to exercise jurisdiction. For
89	89	3.28this purpose, the court shall allow the parties to submit information and shall consider all
90	90	3.29relevant factors, including:
91	91	3.30 (1) whether domestic violence has occurred and is likely to continue in the future and
92	92	3.31which state could best protect the parties and the child;
93	93	3.32 (2) the length of time the child has resided outside this state;
94	94	3Sec. 3.
95	95	25-03218 as introduced02/20/25 REVISOR VH/VJ 4.1 (3) the distance between the court in this state and the court in the state that would assume
96	96	4.2jurisdiction;
97	97	4.3 (4) the relative financial circumstances of the parties;
98	98	4.4 (5) any agreement of the parties as to which state should assume jurisdiction;
99	99	4.5 (6) the nature and location of the evidence required to resolve the pending litigation,
100	100	4.6including testimony of the child;
101	101	4.7 (7) the ability of the court of each state to decide the issue expeditiously and the
102	102	4.8procedures necessary to present the evidence; and
103	103	4.9 (8) the familiarity of the court of each state with the facts and issues in the pending
104	104	4.10litigation.
105	105	4.11 (c) If a court of this state determines that it is an inconvenient forum and that a court of
106	106	4.12another state is a more appropriate forum, it shall stay the proceedings upon condition that
107	107	4.13a child custody proceeding be promptly commenced in another designated state and may
108	108	4.14impose any other condition the court considers just and proper.
109	109	4.15 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a
110	110	4.16child custody determination is incidental to an action for marriage dissolution or another
111	111	4.17proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.
112	112	4.18 (e) In a case where the provision of gender-affirming health care for a child is at issue,
113	113	4.19a court of this state shall not determine that this state is an inconvenient forum if the law or
114	114	4.20policy of the other state that may take jurisdiction limits the ability of a parent to obtain
115	115	4.21gender-affirming health care as defined in section 543.23, paragraph (b), for the parent's
116	116	4.22child.
117	117	4.23 EFFECTIVE DATE.This section is effective the day following final enactment.
118	118	4.24 Sec. 4. Minnesota Statutes 2024, section 629.02, is amended to read:
119	119	4.25 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
120	120	4.26 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
121	121	4.27of the United States controlling, and any and all acts of Congress enacted in pursuance
122	122	4.28thereof, it is the duty of the governor of this state to have arrested and delivered up to the
123	123	4.29executive authority of any other state of the United States any person charged in that state
124	124	4.30with treason, felony, or other crime, who has fled from justice and if found in this state.
125	125	4.31Nothing in this section shall limit any person's right to move freely between states or to
126	126	4.32enjoy the privileges and immunities of this state, and no person shall be arrested or delivered
127	127	4Sec. 4.
128	128	25-03218 as introduced02/20/25 REVISOR VH/VJ 5.1up to the executive authority of any other state of the United States for acts committed in
129	129	5.2this state or services received in this state involving: (1) any medical, surgical, counseling,
130	130	5.3or referral services relating to the human reproductive system, including but not limited to
131	131	5.4services related to pregnancy, contraception, or the termination of a pregnancy; or (2)
132	132	5.5gender-affirming health care as defined in section 543.23, paragraph (b).
133	133	5.6 EFFECTIVE DATE.This section is effective the day following final enactment.
134	134	5.7 Sec. 5. Minnesota Statutes 2024, section 629.05, is amended to read:
135	135	5.8 629.05 EXTRADITION BY AGREEMENT.
136	136	5.9 When it is desired to have returned to this state a person charged in this state with a
137	137	5.10crime, and such person is imprisoned or is held under criminal proceedings then pending
138	138	5.11against that person in another state, the governor of this state may agree with the executive
139	139	5.12authority of such other state for the extradition of such person before the conclusion of such
140	140	5.13proceedings or the person's term of sentence in such other state, upon condition that such
141	141	5.14person be returned to such other state at the expense of this state as soon as the prosecution
142	142	5.15in this state is terminated.
143	143	5.16 The governor of this state may also surrender, on demand of the executive authority of
144	144	5.17any other state, any person in this state who is charged in the manner provided in section
145	145	5.18629.23 with having violated the laws of the state whose executive authority is making the
146	146	5.19demand, even though such person left the demanding state involuntarily, except that no
147	147	5.20person shall be surrendered for acts committed in this state or services received in this state
148	148	5.21involving: (1) any medical, surgical, counseling, or referral services relating to the human
149	149	5.22reproductive system, including but not limited to services related to pregnancy, contraception,
150	150	5.23or the termination of a pregnancy; or (2) gender-affirming health care as defined in section
151	151	5.24543.23, paragraph (b).
152	152	5.25 EFFECTIVE DATE.This section is effective the day following final enactment.
153	153	5.26 Sec. 6. Minnesota Statutes 2024, section 629.06, is amended to read:
154	154	5.27 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
155	155	5.28 (a) Except as provided in paragraph (b), the governor of this state may also surrender,
156	156	5.29on demand of the executive authority of any other state, any person in this state charged in
157	157	5.30such other state in the manner provided in section 629.03 with committing an act in this
158	158	5.31state, or in a third state, intentionally resulting in a crime in the state, whose executive
159	159	5.32authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
160	160	5Sec. 6.
161	161	25-03218 as introduced02/20/25 REVISOR VH/VJ 6.1inconsistent, shall apply to such cases, even though the accused was not in that state at the
162	162	6.2time of the commission of the crime, and has not fled therefrom.
163	163	6.3 (b) Nothing in this section shall limit any person's right to move freely between states
164	164	6.4or to enjoy the privileges and immunities of this state, and no person shall be surrendered
165	165	6.5to the executive authority of any other state for acts involving: (1) any medical, surgical,
166	166	6.6counseling, or referral services relating to the human reproductive system, including but
167	167	6.7not limited to services related to pregnancy, contraception, or the termination of a pregnancy;
168	168	6.8or (2) gender-affirming health care as defined in section 543.23, paragraph (b).
169	169	6.9 EFFECTIVE DATE.This section is effective the day following final enactment.
170	170	6.10 Sec. 7. Minnesota Statutes 2024, section 629.13, is amended to read:
171	171	6.11 629.13 WHO MAY BE APPREHENDED.
172	172	6.12 When any person within this state is charged on the oath of any credible person before
173	173	6.13any judge of this state with the commission of any crime in any other state other than a
174	174	6.14crime arising from acts committed in this state or services received in this state involving:
175	175	6.15(1) any medical, surgical, counseling, or referral services relating to the human reproductive
176	176	6.16system, including but not limited to services related to pregnancy, contraception, or the
177	177	6.17termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23,
178	178	6.18paragraph (b), and, except in cases arising under section 629.06, with having fled from
179	179	6.19justice, with having been convicted of a crime in that state and having escaped from
180	180	6.20confinement, or having broken the terms of bail, probation, or parole, or when complaint
181	181	6.21has been made before any judge in this state setting forth on the affidavit of any credible
182	182	6.22person in another state that a crime has been committed in the other state and that the accused
183	183	6.23has been charged in that state with the commission of the crime and, except in cases arising
184	184	6.24under section 629.06, has fled from justice, or with having been convicted of a crime in that
185	185	6.25state and having escaped from confinement, or having broken the terms of bail, probation,
186	186	6.26or parole, and is believed to be in this state, the judge shall issue a warrant directed to any
187	187	6.27peace officer commanding the officer to apprehend the person named in it, wherever the
188	188	6.28accused may be found in this state, and to bring the accused before the same or any other
189	189	6.29judge or court who or which may be available in or convenient of access to the place where
190	190	6.30the arrest may be made, to answer the charge or complaint and affidavit. A certified copy
191	191	6.31of the sworn charge or complaint and affidavit upon which the warrant is issued shall be
192	192	6.32attached to the warrant.
193	193	6.33 EFFECTIVE DATE.This section is effective the day following final enactment.
194	194	6Sec. 7.
195	195	25-03218 as introduced02/20/25 REVISOR VH/VJ 7.1 Sec. 8. Minnesota Statutes 2024, section 629.14, is amended to read:
196	196	7.2 629.14 ARREST WITHOUT WARRANT.
197	197	7.3 The arrest of a person may be lawfully made also by any peace officer or a private person,
198	198	7.4without a warrant upon reasonable information that the accused stands charged in the courts
199	199	7.5of a state with a crime punishable by death or imprisonment for a term exceeding one year,
200	200	7.6except that no person shall be arrested if the accused stands charged in the courts of any
201	201	7.7other state for acts committed in this state or services received in this state involving: (1)
202	202	7.8any medical, surgical, counseling, or referral services relating to the human reproductive
203	203	7.9system, including but not limited to services related to pregnancy, contraception, or the
204	204	7.10termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23,
205	205	7.11paragraph (b). When arrested the accused must be taken before a judge with all practicable
206	206	7.12speed and complaint must be made against the accused under oath setting forth the ground
207	207	7.13for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused
208	208	7.14had been arrested on a warrant.
209	209	7.15 EFFECTIVE DATE.This section is effective the day following final enactment.
210	210	7.16 Sec. 9. REPEALER.
211	211	7.17 Minnesota Statutes 2024, sections 62Q.585; 260.925; and 543.23, are repealed.
212	212	7.18 EFFECTIVE DATE.This section is effective the day following final enactment.
213	213	7Sec. 9.
214	214	25-03218 as introduced02/20/25 REVISOR VH/VJ 62Q.585 GENDER-AFFIRMING CARE COVERAGE; MEDICALLY NECESSARY
215	215	CARE.
216	216	Subdivision 1.Requirement.No health plan that covers physical or mental health services may
217	217	be offered, sold, issued, or renewed in this state that:
218	218	(1) excludes coverage for medically necessary gender-affirming care; or
219	219	(2) requires gender-affirming treatments to satisfy a definition of "medically necessary care,"
220	220	"medical necessity," or any similar term that is more restrictive than the definition provided in
221	221	subdivision 2.
222	222	Subd. 2.Minimum definition."Medically necessary care" means health care services appropriate
223	223	in terms of type, frequency, level, setting, and duration to the enrollee's diagnosis or condition and
224	224	diagnostic testing and preventive services. Medically necessary care must be consistent with generally
225	225	accepted practice parameters as determined by health care providers in the same or similar general
226	226	specialty as typically manages the condition, procedure, or treatment at issue and must:
227	227	(1) help restore or maintain the enrollee's health; or
228	228	(2) prevent deterioration of the enrollee's condition.
229	229	Subd. 3.Definitions.(a) For purposes of this section, the following terms have the meanings
230	230	given.
231	231	(b) "Gender-affirming care" means all medical, surgical, counseling, or referral services, including
232	232	telehealth services, that an individual may receive to support and affirm the individual's gender
233	233	identity or gender expression and that are legal under the laws of this state.
234	234	(c) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes the
235	235	coverages listed in section 62A.011, subdivision 3, clauses (7) and (10).
236	236	260.925 APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH CARE.
237	237	A law of another state that authorizes a state agency to remove a child from the child's parent
238	238	or guardian because the parent or guardian allowed the child to receive gender-affirming health
239	239	care, as defined in section 543.23, paragraph (b), is against the public policy of this state and must
240	240	not be enforced or applied in a case pending in a court in this state. A court order for the removal
241	241	of a child issued in another state because the child's parent or guardian assisted the child in receiving
242	242	gender-affirming care in this state must not be enforced in this state.
243	243	543.23 UNENFORCEABLE SUBPOENAS.
244	244	(a) No subpoena shall be issued and no foreign subpoena shall be recognized in this state in a
245	245	criminal or civil matter if the subpoena is related to a violation of another state's laws when the
246	246	other state's laws are designed to interfere with an individual's right to receive gender-affirming
247	247	health care. Failure to comply with a subpoena seeking information related to a person or entity
248	248	allowing or assisting a child or an adult to receive gender-affirming health care when the information
249	249	is being requested to enforce another state's laws that allow a civil or criminal action to be brought
250	250	against a person for allowing or providing gender-affirming health care must not be the basis for
251	251	contempt under section 588.01.
252	252	(b) "Gender-affirming health care" means medically necessary health care or mental health care
253	253	that respects the gender identity of the patient, as experienced and defined by the patient, and that
254	254	may include but is not limited to:
255	255	(1) interventions to suppress the development of endogenous secondary sex characteristics;
256	256	(2) interventions to align the patient's appearance or physical body with the patient's gender
257	257	identity;
258	258	(3) interventions to alleviate the patient's symptoms of clinically significant distress resulting
259	259	from gender dysphoria as defined in the current version of the Diagnostic and Statistical Manual
260	260	of Mental Disorders; and
261	261	(4) developmentally appropriate exploration and integration of the patient's gender identity,
262	262	reduction of the patient's distress, adaptive coping, and strategies to increase family acceptance of
263	263	the patient's gender identity.
264	264	1R
265	265	APPENDIX
266	266	Repealed Minnesota Statutes: 25-03218