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Minnesota Legislature

Office of the Revisor of Statutes

HF 217

as introduced - 91st Legislature (2019 - 2020) Posted on 01/28/2019 04:22pm

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

Current Version - as introduced

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A bill for an act
relating to higher education; requiring affirmative consent standards in campus
sexual assault policies; establishing a sexual violence grant program; requiring a
report; appropriating money; amending Minnesota Statutes 2018, 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 2018, 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new text begin (4) consent may be withdrawn at any time;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 2021, 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 beginAPPROPRIATION; CONSENT CURRICULUM.
new text end

new text begin $....... in fiscal year 2020 and $....... in fiscal year 2021 are 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 beginAPPROPRIATION; SEXUAL VIOLENCE PREVENTION GRANTS.
new text end

new text begin $....... in fiscal year 2020 and $....... in fiscal year 2021 are 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