HF 314

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/10/2021 06:44pm

A bill for an act
relating to public safety; clarifying the penalties for violations related to Minnesota
Statutes, chapter 12; amending Minnesota Statutes 2020, section 12.45.

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

Section 1. new text begin LEGISLATIVE FINDINGS AND PURPOSE.
new text end

new text begin (a) Under Minnesota Statutes, section 609.095, the legislature has the exclusive authority
to define crimes and the range of sentences and punishments for their violation. A willful
violation of Minnesota Statutes, chapter 12, and associated rules and orders, is a misdemeanor
under Minnesota Statutes, section 12.45, unless a different penalty or punishment is
specifically prescribed. Accordingly, a violation is a misdemeanor unless another statute
provides a different penalty.
new text end

new text begin (b) Numerous emergency executive orders signed and filed by Governor Walz under
Minnesota Statutes, section 12.45, during 2020 provide for misdemeanor and gross
misdemeanor penalties. The gross misdemeanor penalties are predicated on the theory that
Minnesota Statutes, section 12.45, authorizes the governor to prescribe a different penalty
from the misdemeanor in that law.
new text end

new text begin (c) The governor's interpretation of Minnesota Statutes, section 12.45, is incorrect and
inconsistent with legislative intent and with a more measured reading of the law. In addition,
it is an infringement on the legislature's authority to define and prescribe the punishment
for a crime. Finally, the governor's interpretation is alarming because there would be no
limitation to the severity of the punishment that a governor could impose without any
legislative involvement.
new text end

new text begin (d) Therefore, this act amends Minnesota Statutes, section 12.45, to make it clear that
the applicable penalty is a misdemeanor unless a different penalty is specifically prescribed
in another statute and that the governor does not have the authority to unilaterally establish
a criminal penalty.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2020, section 12.45, is amended to read:

12.45 VIOLATIONS, PENALTIES.

Unless a different penalty or punishment is specifically prescribed new text begin in statute new text end , a person
who willfully violates a provision of this chapter or a rule or order having the force and
effect of law issued under authority of this chapter is guilty of a misdemeanor and upon
conviction must be punished by a fine not to exceed $1,000, or by imprisonment for not
more than 90 days.

new text begin EFFECTIVE DATE. new text end

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