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HF 3100

as introduced - 89th Legislature (2015 - 2016) Posted on 04/28/2016 08:09am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/14/2016

Current Version - as introduced

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A bill for an act
relating to education; requiring affirmative consent standards in campus sexual
assault policies; establishing a sexual violence grant program; appropriating
money to develop a consent curriculum; appropriating money for sexual violence
prevention grants; amending Minnesota Statutes 2015 Supplement, section
135A.15, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 136A.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 135A.15, is amended by
adding a subdivision to read:


new text begin Subd. 3a. new text end

new text begin Affirmative consent. new text end

new text begin The policy required under subdivision 1 shall
include a provision that establishes an affirmative consent standard. An institution's
affirmative consent standard, at a minimum, must incorporate the following elements:
new text end

new text begin (1) all parties to sexual activity must affirmatively express their consent to the
activity. Consent must be knowing and voluntary and not the result of force, coercion, or
intimidation. Consent must be active. Consent must be given by words or actions that
create mutually understandable, unambiguous permission regarding willingness to engage
in, and the conditions of, sexual activity;
new text end

new text begin (2) silence, without active indications of consent, is not consent;
new text end

new text begin (3) consent to any one form of sexual activity does not imply consent to any other
forms of sexual activity;
new text end

new text begin (4) consent may be withdrawn at any time;
new text end

new text begin (5) previous relationships or prior consent do not imply consent to future sexual
acts; and
new text end

new text begin (6) a person is deemed incapable of consenting when that person is:
new text end

new text begin (i) unable to communicate or understand the nature or extent of a sexual situation
due to mental or physical incapacitation or impairment; or
new text end

new text begin (ii) physically helpless, either due to the effects of drugs or alcohol, or because
the person is asleep.
new text end

Sec. 2.

new text begin [136A.903] SEXUAL VIOLENCE PREVENTION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner, in consultation with the
advisory council established in subdivision 2, must award sexual violence prevention
grants to postsecondary institutions located in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin (a) The commissioner must appoint a ten-member
advisory council to evaluate applications for grants under this subdivision. The advisory
council shall consist of:
new text end

new text begin (1) one representative of the Minnesota State Colleges and Universities system;
new text end

new text begin (2) one representative of the University of Minnesota;
new text end

new text begin (3) one representative of a private postsecondary institution;
new text end

new text begin (4) one student representative from a University of Minnesota campus;
new text end

new text begin (5) one student representative from a Minnesota State Colleges and Universities
campus;
new text end

new text begin (6) one student representative from a private postsecondary institution;
new text end

new text begin (7) one representative from a nonprofit organization working to prevent sexual
violence and support survivors of sexual violence;
new text end

new text begin (8) one representative from a law enforcement agency that responds to incidents of
campus sexual violence;
new text end

new text begin (9) one representative of the Office of Higher Education; and
new text end

new text begin (10) one representative of the Department of Health with expertise in sexual
violence prevention.
new text end

new text begin (b) The advisory council shall be organized and administered under section 15.059,
except that subdivision 2 shall not apply. The commissioner must appoint council
members to two-year terms and appoint one member as chair.
new text end

new text begin (c) The council must develop criteria for evaluating grant proposals and awarding
grants under this section. The council must make public the criteria at least two months
prior to the deadline for applications established by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Applications. new text end

new text begin To receive a grant under this section, an institution must
apply in the form and manner specified by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Grant amounts. new text end

new text begin The commissioner, in consultation with the advisory
council in subdivision 2, may decide the amount of a grant under this section based on
the merits of a grant proposal, provided that no institution may receive a grant of more
than $100,000.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin (a) The commissioner, in consultation with the advisory
council in subdivision 2, must develop reporting requirements for grant recipients.
new text end

new text begin (b) By February 1 of each year beginning in 2018, the commissioner must report to
the committees of the house of representatives and senate with jurisdiction over higher
education and public safety on the results achieved by the grant program under this
section. At a minimum, the report must include:
new text end

new text begin (1) a list of postsecondary institutions receiving grants under this section;
new text end

new text begin (2) the amount of grant funds received by each institution; and
new text end

new text begin (3) a description of each project funded.
new text end

Sec. 3. new text begin APPROPRIATION; CONSENT CURRICULUM.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the commissioner
of education for a grant to the Sexual Violence Center for the creation of an age-appropriate
affirmative consent curriculum to be available for voluntary use in middle and high schools.
new text end

Sec. 4. new text begin APPROPRIATION; SEXUAL VIOLENCE PREVENTION GRANTS.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the commissioner
of higher education for sexual violence prevention grants under Minnesota Statutes,
section 136A.903.
new text end