SF 1368

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/28/2025 09:13 a.m.

A bill for an act
relating to human rights; prohibiting the Department of Human Rights from
maintaining a collection or database on incidents of protected speech; amending
Minnesota Statutes 2024, section 363A.06, subdivision 1.

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

Section 1.

Minnesota Statutes 2024, section 363A.06, subdivision 1, is amended to read:

Subdivision 1.

Formulation of policies.

(a) The commissioner shall formulate policies
to effectuate the purposes of this chapter and shall do the following:

(1) exercise leadership under the direction of the governor in the development of human
rights policies and programs, and make recommendations to the governor and the legislature
for their consideration and implementation;

(2) establish and maintain a principal office in St. Paul, and any other necessary branch
offices at any location within the state;

(3) meet and function at any place within the state;

(4) employ attorneys, clerks, and other employees and agents as the commissioner may
deem necessary and prescribe their duties;

(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary to
effectuate the purposes of this chapter;

(6) obtain upon request and utilize the services of all state governmental departments
and agencies;

(7) adopt suitable rules for effectuating the purposes of this chapter;

(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;

(9) subpoena witnesses, administer oaths, take testimony, and require the production for
examination of any books or papers relative to any matter under investigation or in question
as the commissioner deems appropriate to carry out the purposes of this chapter;

(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
unfair discriminatory practices as being contrary to the public policy of the state;

(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;

(12) make a written report of the activities of the commissioner to the governor each
year;

(13) accept gifts, bequests, grants, or other payments public and private to help finance
the activities of the department;

(14) create such local and statewide advisory committees as will in the commissioner's
judgment aid in effectuating the purposes of the Department of Human Rights;

(15) develop such programs as will aid in determining the compliance throughout the
state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion, national
origin, sex, gender identity, age, disability, marital status, status with regard to public
assistance, familial status, sexual orientation, or other factors and develop accurate data on
the nature and extent of discrimination and other matters as they may affect housing,
employment, public accommodations, schools, and other areas of public life;

(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;

(17) provide staff services to such advisory committees as may be created in aid of the
functions of the Department of Human Rights;

(18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities;

(19) cooperate and consult with the commissioner of labor and industry regarding the
investigation of violations of, and resolution of complaints regarding section new text begin 181C.06 or
new text end 363A.08, subdivision 7; and

(20) analyze civil rights trends pursuant to this chapter, including information compiled
from community organizations that work directly with historically marginalized communities,
and prepare a report each biennium that recommends policy and system changes to reduce
and prevent further civil rights incidents across Minnesota. The report shall be provided to
the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over the Department of Human Rights. This report must also
be posted on the Department of Human Rights' public website and shared with community
organizations that work with historically marginalized communities. new text begin Notwithstanding the
provisions in this subdivision or any other provision of law, the Department of Human
Rights shall not, directly or indirectly, maintain in any collection or database any incident
of protected speech nor shall the department, directly or indirectly, offer any reward for the
reporting of any incident of protected speech. As used in this clause, "protected speech"
includes any exercise of the right of freedom of speech or of the press, the right to assemble
or petition, or the right of association guaranteed by the United States Constitution or the
Minnesota Constitution.
new text end

In performing these duties, the commissioner shall give priority to those duties in clauses
(8), (9), and (10) and to the duties in section 363A.36.

(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to help
finance activities of the department.