HF 1474

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 02:38pm

A bill for an act
relating to state government; voiding fines and penalties arising out of a violation
of an executive order; appropriating money.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin EMERGENCY ORDER VIOLATIONS DISMISSED.
new text end

new text begin Subdivision 1. new text end

new text begin Reversal and refund. new text end

new text begin The state shall not enforce and shall reverse any
prior violation of an executive order issued under a peacetime emergency related to the
COVID-19 pandemic, hereafter referred to as "executive order." To this end, the state shall:
new text end

new text begin (1) void and refund if already paid any fines issued as a result of a violation of an
executive order;
new text end

new text begin (2) void, or direct the attorney general to request the court to void, any enforcement
action and cease enforcement of any adverse action, as well as release all parties from any
restrictions in a settlement agreement related to the executive orders;
new text end

new text begin (3) restore any suspended or revoked license or permit where the action was related to
a violation of the executive order; and
new text end

new text begin (4) seal or expunge any record or written warning for any act under clause (1) to (3),
and render such findings or actions inadmissible in any subsequent proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Annulment of criminal record. new text end

new text begin Any person convicted of a criminal offense
arising from a violation of an executive order issued under a peacetime emergency related
to the COVID-19 pandemic may at any time petition the court in which the person was
convicted or arrested to annul the arrest record, court record, or both. The person shall be
entitled to an annulment of such conviction upon application to the court and shall not be
subject to any filing fee. The only permitted basis for denial of an annulment request brought
under this section is a written finding by the court that the conviction was not for conduct
in violation of an executive order. As part of an annulment under this subdivision, the court
shall direct the appropriate agency to expunge any underlying administrative record and
reimburse the petitioner for any fine or penalty previously paid.
new text end

new text begin Subd. 3. new text end

new text begin Refund; appropriation. new text end

new text begin To the extent practicable, any reimbursement of civil
or criminal penalties paid for violation of an executive order issued under a peacetime
emergency related to the COVID-19 pandemic shall be from the same source of funds into
which the fine or penalty was deposited. When reimbursement is made from the general
fund, the amount necessary to refund the civil or criminal penalty is hereby appropriated to
the appropriate agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end