SF 4980
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/08/2026 09:30 a.m.
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A bill for an act
relating to local government; prohibiting penalties for certain uses of public land
by homeless individuals; providing an affirmative defense in criminal proceedings;
providing civil remedies; proposing coding for new law in Minnesota Statutes,
chapter 609; proposing coding for new law as Minnesota Statutes, chapter 363B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[363B.01] USE OF PUBLIC LAND FOR A LIFE-SUSTAINING
ACTIVITY.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Adequate alternative indoor space" means a space that:
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(1) is legally and physically accessible to a homeless individual;
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(2) does not require a homeless individual to sacrifice a right afforded to them under
federal, state, or local law;
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(3) is available indefinitely to a homeless individual without cost and does not require
daily reapplication;
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(4) allows a homeless individual to reside with the homeless individual's spouse, domestic
partner, family member, or other designated companion; and
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(5) allows a homeless individual to bring pets and other personal possessions into the
space.
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An adequate alternative indoor space may include a tiny home or other similar structure if
the home or structure includes locking doors, appropriate climate control mechanisms based
on the location of the home or structure, and sanitary and cooking facilities or is part of a
community with common sanitary and cooking facilities. An adequate alternative indoor
space may include a permitted parking area that includes sanitary facilities.
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(c) "Homeless individual" has the meaning given in section 116L.361, subdivision 5.
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(d) "Life-sustaining activity" means moving, resting, sitting, standing, lying down,
sleeping, protecting oneself and personal property from the elements, eating, and drinking.
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(e) "Motor vehicle" has the meaning given in section 168.002, subdivision 18.
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(f) "Municipality" means a city, however organized, a county, or a town.
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(g) "Public land" means any property that is owned or leased, in whole or in part, by a
state or local government entity or any property upon which there is an easement for public
use and that is open to the public, including but not limited to plazas, courtyards, parking
lots, sidewalks, public transportation facilities and services, public buildings, shopping
centers, underpasses and lands adjacent to roadways, and parks.
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(h) "Recreational vehicle" has the meaning given in section 168.002, subdivision 27.
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new text begin Subd. 2. new text end
new text begin Penalties prohibited. new text end
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(a) A municipality must not impose a penalty on a
homeless individual for a use of public land described in paragraph (b).
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(b) A homeless individual may, while on public land:
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(1) conduct a life-sustaining activity, unless an adequate alternative indoor space is
available;
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(2) use and move freely in places of public accommodation, as defined in section
363A.03, subdivision 34;
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(3) solicit, share, accept, or offer food, water, or other donations;
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(4) store their possessions and enjoy privacy in their personal property to the same degree
as property in a private dwelling, which shall not be subject to unreasonable search and
seizure;
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(5) pray, meditate, worship, or practice religion;
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(6) occupy a lawfully parked motor vehicle or a recreational vehicle; and
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(7) relocate a motor vehicle being used for a life-sustaining activity before a citation is
issued or the vehicle is towed, retrieve items from a towed vehicle, and retrieve the vehicle
from storage at a free or reduced rate upon consideration of ability to pay.
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new text begin Subd. 3. new text end
new text begin Enforcement; remedies. new text end
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(a) The attorney general has the authority under
section 8.31 to investigate and prosecute violations of this section.
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(b) An individual aggrieved by a violation of this section may bring a civil action seeking
redress in district court. The court may award damages, costs, and disbursements, including
reasonable attorney fees, injunctive relief, and any other appropriate equitable relief to a
prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney fees
in a nonfrivolous action under this section.
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new text begin Subd. 4. new text end
new text begin Local preemption. new text end
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This section preempts and supersedes any inconsistent local
ordinance, regulation, or rule.
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new text begin Subd. 5. new text end
new text begin Construction. new text end
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Nothing in this section authorizes a municipality to interfere
with a homeless individual's rights to be free from discrimination based on housing status
or to be free from cruel and unusual punishment or displaces any other remedy for violations
of a homeless individual's constitutional rights.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2026, and applies to causes
of action accruing on or after that date.
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Sec. 2.
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[609.077] DEFENSE; LIFE-SUSTAINING ACTIVITY ON PUBLIC LAND.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Adequate alternative indoor space" has the meaning given in section 363B.05,
subdivision 1, paragraph (b).
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(c) "Life-sustaining activity" has the meaning given in section 363B.05, subdivision 1,
paragraph (d).
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new text begin Subd. 2. new text end
new text begin Defense. new text end
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It is an affirmative defense to a charge of violating a statute or an
ordinance that criminalizes a life-sustaining activity that an individual did not have access
to an adequate alternative indoor space in which to undertake the life-sustaining activity.
The availability of an alternative indoor space in a municipality other than the charging
municipality is irrelevant to the defense, unless the individual was offered transportation to
the space at no cost. Unless the charged individual is represented by counsel, the court must
notify the charged individual of the availability of a defense under this section and how to
raise it. When an individual raises a defense under this section, there is a rebuttable
presumption that an adequate alternative indoor space did not exist and the municipality
bears the burden of proving otherwise.
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