HF 1579

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:43pm

A bill for an act
relating to state government; establishing forgiveness of violations of certain
executive orders for economic hardship.

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

Section 1. new text begin FORGIVENESS OF PENALTIES FOR VIOLATIONS OF EXECUTIVE
ORDERS; ECONOMIC HARDSHIP.
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new text begin (a) An individual or business may petition the court for relief pursuant to this section if
the individual or business was subjected to any of the following penalties for opening or
operating a business in violation of an executive order of the governor issued pursuant to
the peacetime emergency declared on March 13, 2020, in Executive Order 20-01:
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new text begin (1) conviction of a petty misdemeanor, misdemeanor, or gross misdemeanor;
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new text begin (2) imposition of a civil penalty of any amount; or
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new text begin (3) suspension or revocation of any license necessary for practicing a profession or
operating a business.
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new text begin (b) A petition under this section must be filed with the court having jurisdiction over
matters in the county where the business was located. The petition must be served on the
attorney general and contain the following information:
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new text begin (1) the name and address of the petitioner;
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new text begin (2) the name and address of the business;
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new text begin (3) the case number, if any, of all criminal or civil enforcement actions brought against
the person or business for which relief is sought; and
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new text begin (4) a short statement describing why the petitioner is entitled to relief.
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new text begin (c) Unless all parties agree to an extension, the court shall hold a hearing within 90 days
of receipt of the petition.
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new text begin (d) At a hearing held under this section, the court shall determine whether a preponderance
of the evidence supports the conclusion that, if the business had not opened or operated in
violation of the executive orders, it would have been forced to permanently close due to the
financial impact of the orders.
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new text begin (e) If the court determines that the petitioner is entitled to relief, it shall issue orders:
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new text begin (1) vacating any petty misdemeanor, misdemeanor, or gross misdemeanor convictions
and dismissing the charges;
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new text begin (2) forgiving any civil penalty that was imposed as a penalty for violating an executive
order and requiring a refund of any amount paid; and
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new text begin (3) requiring any licensing entity to reinstate any license necessary for practicing a
profession or operating a business that was revoked for violating an executive order.
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new text begin EFFECTIVE DATE. new text end

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