HF 631

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 07/09/2019 01:36pm

A bill for an act
relating to civil law; modifying certain data privacy provisions; enabling reporting
of information related to use of electronic device location tracking warrants;
prohibiting access by a government entity to electronic communication held by a
service provider or other third party unless certain procedures are followed;
providing certain limits on data retention; providing remedies; protecting applicant's
and employee's personal usernames and passwords from access by employers;
providing for civil enforcement; modifying the statute of limitations for nonpaternity
actions; providing procedures for actions to declare nonpaternity; requiring the
court to provide certain notices; modifying requirements for parent education
program; modifying parenting time presumptions; requiring findings for parenting
time schedules; amending the background study requirements for parents of
proposed wards; requiring a report; amending Minnesota Statutes 2018, sections
13.055, subdivision 1; 13.201; 13.72, subdivision 19; 171.306, subdivision 1;
257.57, subdivisions 1, 2, by adding a subdivision; 257.75, subdivision 4; 465.719,
subdivision 14; 518.145, subdivision 2; 518.157, subdivisions 1, 3; 518.175,
subdivision 1; 524.5-118, subdivision 1; 626A.08, subdivision 2; 626A.10,
subdivision 1; 626A.37, subdivision 4; 626A.381, subdivision 1; 626A.39,
subdivision 5; 626A.42; proposing coding for new law in Minnesota Statutes,
chapters 181; 626A; repealing Minnesota Statutes 2018, section 13.72, subdivision
9.

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

ARTICLE 1

GOVERNMENT DATA PRACTICES PROVISIONS

Section 1.

Minnesota Statutes 2018, section 13.055, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given to them.

(a) "Breach of the security of the data" means unauthorized acquisition of data maintained
by a government entity that compromises the security and classification of the data. Good
faith acquisition of or access to government data by an employee, contractor, or agent of a
government entity for the purposes of the entity is not a breach of the security of the data,
if the government data is not provided to or viewable by an unauthorized person, or accessed
for a purpose not described in the procedures required by section 13.05, subdivision 5. For
purposes of this paragraph, data maintained by a government entity includes data maintained
by a person under a contract with the government entity that provides for the acquisition of
or access to the data by an employee, contractor, or agent of the government entity.

(b) "Contact information" means either name and mailing address or name and e-mail
address for each individual who is the subject of data maintained by the government entity.

(c) "Unauthorized acquisition" means that a person has obtained, accessed, or viewed
government data without the informed consent of the individuals who are the subjects of
the data or statutory authority deleted text begin and with the intent to use the data for nongovernmental
purposes deleted text end .

(d) "Unauthorized person" means any person who accesses government data without a
work assignment that reasonably requires access, or regardless of the person's work
assignment, for a purpose not described in the procedures required by section 13.05,
subdivision 5.

Sec. 2.

Minnesota Statutes 2018, section 13.201, is amended to read:

13.201 RIDESHARE DATA.

The following data on participants, collected by deleted text begin the Minnesota Department of
Transportation and the Metropolitan Council deleted text end new text begin a government entity new text end to administer rideshare
programs, are classified as private under section 13.02, subdivision 12 new text begin , or nonpublic under
section 13.02, subdivision 9 new text end : residential address and telephone number; beginning and
ending work hours; current mode of commuting to and from work; new text begin place of employment;
photograph; biographical information; new text end and type of rideshare service information requested.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2018, section 13.72, subdivision 19, is amended to read:

Subd. 19.

Transit customer data.

(a) Data on applicants, users, and customers of public
transit collected by or through deleted text begin the Metropolitan Council's deleted text end new text begin a government entity's new text end personalized
web services or the new text begin Metropolitan Council's new text end regional fare collection system are private data
on individuals new text begin or nonpublic data new text end . As used in this subdivision, the following terms have the
meanings given them:

(1) "regional fare collection system" means the fare collection system created and
administered by the council that is used for collecting fares or providing fare cards or passes
for transit services which includes:

(i) regular route bus service within the metropolitan area and paratransit service, whether
provided by the council or by other providers of regional transit service;

(ii) light rail transit service within the metropolitan area;

(iii) rideshare programs administered by the council;

(iv) special transportation services provided under section 473.386; and

(v) commuter rail service;

(2) "personalized web services" means services for which transit service applicants,
users, and customers must establish a user account; and

(3) "metropolitan area" means the area defined in section 473.121, subdivision 2.

(b) deleted text begin The council deleted text end new text begin A government entity new text end may disseminate data on user and customer
transaction history and fare card use to government entities, organizations, school districts,
educational institutions, and employers that subsidize or provide fare cards to their clients,
students, or employees. "Data on user and customer transaction history and fare card use"
means:

(1) the date a fare card was used;

(2) the time a fare card was used;

(3) the mode of travel;

(4) the type of fare product used; and

(5) information about the date, time, and type of fare product purchased.

Government entities, organizations, school districts, educational institutions, and employers
may use customer transaction history and fare card use data only for purposes of measuring
and promoting fare card use and evaluating the cost-effectiveness of their fare card programs.
If a user or customer requests in writing that the council limit the disclosure of transaction
history and fare card use, the council may disclose only the card balance and the date a card
was last used.

(c) deleted text begin The council deleted text end new text begin A government entity new text end may disseminate transit service applicant, user,
and customer data to another government entity to prevent unlawful intrusion into government
electronic systems, or as otherwise provided by law.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2018, section 171.306, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the terms in this subdivision have
the meanings given them.

(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

(c) "Location tracking capabilities" means the ability of an electronic or wireless device
to new text begin directly or indirectly new text end identify and transmit its geographic location through the operation
of the device new text begin either by the provision of a global positioning service (GPS) or the generation
of other mapping, locational, or directional services, including cell-site location information
(CSLI) service new text end .

(d) "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision
1, clause (10); or 171.177; or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item
(i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision
3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or
(iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.

(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22.

Sec. 5.

Minnesota Statutes 2018, section 465.719, subdivision 14, is amended to read:

Subd. 14.

Data classification.

The following data created, collected, or maintained by
a corporation subject to this section are classified as private data under section 13.02,
subdivision 12, or as nonpublic data under section 13.02, subdivision 9: (1) data relating
either (i) to private businesses consisting of financial statements, credit reports, audits,
business plans, income and expense projections, customer lists, balance sheets, income tax
returns, and design, market, and feasibility studies not paid for with public funds, or (ii) to
enterprises operated by the corporation that are in competition with entities offering similar
goods and services, so long as the data are not generally known or readily ascertainable by
proper means and disclosure of specific data would cause harm to the competitive position
of the enterprise or private business, provided that the goods or services do not require a
tax levy; and (2) any data identified in deleted text begin sections deleted text end new text begin section new text end 13.201 deleted text begin and 13.72, subdivision 9, deleted text end
collected or received by a transit organization.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2018, section 626A.08, subdivision 2, is amended to read:

Subd. 2.

Application and orders.

new text begin (a) new text end Applications made and warrants issued under this
chapter shall be deleted text begin sealed by the judge deleted text end new text begin filed under seal in the district court new text end . Custody of the
applications and orders shall be wherever the judge directs. Such applications and orders
shall be disclosed only upon a showing of good cause before a judge of the district court
and shall not be destroyed except on order of the issuing or denying judge, and in any event
shall be kept for ten years.

new text begin (b) Notwithstanding paragraph (a), the filing, sealing, and reporting requirements for
tracking warrants as defined by section 626A.42, subdivision 1, paragraph (h), are governed
by section 626A.42, subdivision 4. However, applications and warrants, or portions of
applications and warrants, that do not involve tracking warrants continue to be governed
by paragraph (a).
new text end

Sec. 7.

Minnesota Statutes 2018, section 626A.10, subdivision 1, is amended to read:

Subdivision 1.

Notice of order.

Within a reasonable time but not later than 90 days after
the termination of the period of a warrant or extensions thereof, the deleted text begin issuing or denying judge deleted text end new text begin
warrant applicant or agency requesting the warrant new text end shall cause to be served, on the persons
named in the warrant and the application, and such other parties to intercepted
communications as the judge may determine that is in the interest of justice, an inventory
which shall include notice of:

(1) the fact of the issuance of the warrant or the application;

(2) the date of the issuance and the period of authorized, approved or disapproved
interception, or the denial of the application; and

(3) the fact that during the period wire, electronic, or oral communications were or were
not intercepted.

On an ex parte showing to a court of competent jurisdiction that there is a need to continue
the investigation and that the investigation would be harmed by service of the inventory at
this time, service of the inventory required by this subdivision may be postponed for an
additional 90-day period.

Sec. 8.

Minnesota Statutes 2018, section 626A.37, subdivision 4, is amended to read:

Subd. 4.

Nondisclosure of existence of pen register, trap and trace device, or mobile
tracking device.

new text begin (a) new text end An order authorizing or approving the installation and use of a pen
register, trap and trace device, or a mobile tracking device must direct that:

(1) the order be sealed until otherwise ordered by the court; and

(2) the person owning or leasing the line to which the pen register or a trap and trace
device is attached, or who has been ordered by the court to provide assistance to the applicant,
not disclose the existence of the pen register, trap and trace device, mobile tracking device,
or the existence of the investigation to the listed subscriber, or to any other person, unless
or until otherwise ordered by the court.

new text begin (b) Paragraph (a) does not apply to an order that involves a tracking warrant as defined
by section 626A.42, subdivision 1, paragraph (h). Instead, the filing, sealing, and reporting
requirements for those orders are governed by section 626A.42, subdivision 4. However,
any portion of an order that does not involve a tracking warrant continues to be governed
by paragraph (a).
new text end

Sec. 9.

Minnesota Statutes 2018, section 626A.381, subdivision 1, is amended to read:

Subdivision 1.

Notice required.

Except as provided in subdivision 2, within a reasonable
time not later than 90 days after the filing of an application under section 626A.36, if the
application is denied, or of the termination of an order, as extended under section 626A.37,
the deleted text begin issuing or denying judge deleted text end new text begin warrant applicant or agency requesting the warrant new text end shall have
served on the persons named in the order or application an inventory that includes notice
of:

(1) the fact of the entry of the order or the application;

(2) the date of the entry and the period of authorized, approved, or disapproved activity
under the order, or the denial of the application; and

(3) the fact that during the period, activity did or did not take place under the order.

Sec. 10.

Minnesota Statutes 2018, section 626A.39, subdivision 5, is amended to read:

Subd. 5.

Mobile tracking device.

"Mobile tracking device" means an electronic or
mechanical device that permits the tracking of the movement of a person or object. new text begin A mobile
tracking device does not include a cell site simulator device or any other device used to
access the location information of an electronic device, as those terms are defined in 626A.42,
subdivision 1.
new text end

Sec. 11.

Minnesota Statutes 2018, section 626A.42, is amended to read:

626A.42 ELECTRONIC DEVICE LOCATION INFORMATION.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Electronic communication service" has the meaning given in section 626A.01,
subdivision 17.

(c) "Electronic device" means a device that enables access to or use of an electronic
communication service, remote computing service, or location information service.

(d) "Government entity" means a state or local agency, including but not limited to a
law enforcement entity or any other investigative entity, agency, department, division,
bureau, board, or commission or an individual acting or purporting to act for or on behalf
of a state or local agency.

(e) "Location information" means information concerning the location of an electronic
device that, in whole or in part, is generated or derived from or obtained by the operation
of an electronic device.

(f) "Location information service" means the provision of a global positioning service
or other mapping, locational, or directional information service.

(g) "Remote computing service" has the meaning given in section 626A.34.

(h) "Tracking warrant" means an order in writing, in the name of the state, signed by a
court other than a court exercising probate jurisdiction, directed to a peace officer, granting
the officer access to location information of an electronic device new text begin using a cell site simulator
device or other means new text end .

new text begin (i) "Cell site simulator device" means a device that transmits or receives radio waves or
other signals for the purposes of conducting one or more of the following operations:
new text end

new text begin (1) identifying, locating, or tracking the movements of an electronic device;
new text end

new text begin (2) intercepting, obtaining, accessing, or forwarding communications, stored data, or
metadata from an electronic device;
new text end

new text begin (3) affecting the hardware or software operations or functions of an electronic device;
new text end

new text begin (4) forcing transmissions from or connections to an electronic device;
new text end

new text begin (5) denying an electronic device access to another electronic device, a communication
protocol, electronic communication service, or other service; or
new text end

new text begin (6) spoofing or simulating an electronic device, cell tower, cell site, or service, including,
but not limited to, an international phone subscriber identity catcher or other invasive cell
phone or telephone surveillance or eavesdropping device that mimics a cell phone tower
and sends out signals to cause cell phones in the area to transmit their locations, identifying
information, and communications content, or a passive interception device or digital analyzer
that does not send signals to an electronic device under surveillance.
new text end

new text begin A cell site simulator device does not include any device used or installed by an electric
utility to the extent such device is only used by the utility to measure electrical usage, to
provide service to customers, or to operate the electric grid.
new text end

Subd. 2.

Tracking warrant required for location information.

(a) Except as provided
in paragraph (b), a government entity may not obtain the location information of an electronic
device without a tracking warrant. A new text begin tracking new text end warrant granting access to location information
must be issued only if the government entity shows that there is probable cause the person
who possesses an electronic device is committing, has committed, or is about to commit a
crime. An application for a new text begin tracking new text end warrant must be made in writing and include:

(1) the identity of the government entity's peace officer making the application, and the
officer authorizing the application; and

(2) a full and complete statement of the facts and circumstances relied on by the applicant
to justify the applicant's belief that a new text begin tracking new text end warrant should be issued, including (i) details
as to the particular offense that has been, is being, or is about to be committed, and (ii) the
identity of the person, if known, committing the offense whose location information is to
be obtained.

(b) A government entity may obtain location information without a tracking warrant:

(1) when the electronic device is reported lost or stolen by the owner;

(2) in order to respond to the user's call for emergency services;

(3) with the informed, affirmative, documented consent of the owner or user of the
electronic device;

(4) with the informed, affirmative consent of the legal guardian or next of kin of the
owner or user if the owner or user is believed to be deceased or reported missing and unable
to be contacted; or

(5) in an emergency situation that involves the risk of death or serious physical harm to
a person who possesses an electronic communications device pursuant to sections 237.82
and 237.83.

Subd. 3.

Time period and extensions.

(a) A tracking warrant issued under this section
must authorize the collection of location information for a period not to exceed 60 days, or
the period of time necessary to achieve the objective of the authorization, whichever is less.

(b) Extensions of a tracking warrant may be granted, but only upon an application for
an order and upon the judicial finding required by subdivision 2, paragraph (a). The period
of extension must be for a period not to exceed 60 days, or the period of time necessary to
achieve the objective for which it is granted, whichever is less.

(c) Paragraphs (a) and (b) apply only to tracking warrants issued for the contemporaneous
collection of electronic device location information.

Subd. 4.

Notice; temporary nondisclosure of tracking warrant.

(a) Within a reasonable
time but not later than 90 days after the court unseals the tracking warrant under this
subdivision, the deleted text begin issuing or denying judge deleted text end new text begin warrant applicant or agency requesting the warrant new text end
shall cause to be served on the persons named in the new text begin tracking new text end warrant and the application
an inventory which shall include notice of:

(1) the fact of the issuance of the new text begin tracking new text end warrant or the application;

(2) the date of the issuance and the period of authorized, approved, or disapproved
collection of location information, or the denial of the application; and

(3) the fact that during the period location information was or was not collected.

(b) A tracking warrant authorizing collection of location information must direct that:

(1) the new text begin tracking new text end warrant be sealed for a period of 90 days or until the objective of the
new text begin tracking new text end warrant has been accomplished, whichever is shorter; and

(2) the new text begin tracking new text end warrant be filed with the court administrator within ten days of the
expiration of the new text begin tracking new text end warrant.

(c) The prosecutor may request that the tracking warrant, supporting affidavits, and any
order granting the request not be filed. An order must be issued granting the request in whole
or in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable
grounds exist to believe that filing the new text begin tracking new text end warrant may cause the search or a related
search to be unsuccessful, create a substantial risk of injury to an innocent person, or severely
hamper an ongoing investigation.

(d) The tracking warrant must direct that following the commencement of any criminal
proceeding utilizing evidence obtained in or as a result of the search, the supporting
application or affidavit must be filed either immediately or at any other time as the court
directs. Until such filing, the documents and materials ordered withheld from filing must
be retained by the judge or the judge's designee.

Subd. 5.

Report concerning collection of location information.

(a) At the same time
as notice is provided under subdivision 4, the issuing or denying judge shall report to the
state court administrator:

(1) the fact that a tracking warrant or extension was applied for;

(2) the fact that the new text begin tracking new text end warrant or extension was granted as applied for, was
modified, or was denied;

(3) the period of collection authorized by the new text begin tracking new text end warrant, and the number and
duration of any extensions of the new text begin tracking new text end warrant;

(4) the offense specified in the new text begin tracking new text end warrant or application, or extension of a new text begin tracking
new text end warrant;

(5) whether the collection required contemporaneous monitoring of an electronic device's
location; and

(6) the identity of the applying investigative or peace officer and agency making the
application and the person authorizing the application.

(b) On or before November 15 of each even-numbered year, the state court administrator
shall transmit to the legislature a report concerning: (1) all tracking warrants authorizing
the collection of location information during the two previous calendar years; and (2) all
applications that were denied during the two previous calendar years. Each report shall
include a summary and analysis of the data required to be filed under this subdivision. The
report is public and must be available for public inspection at the Legislative Reference
Library and the state court administrator's office and website.

Subd. 6.

Prohibition on use of evidence.

(a) Except as proof of a violation of this
section, no evidence obtained in violation of this section shall be admissible in any criminal,
civil, administrative, or other proceeding.

(b) Any location information obtained pursuant to this chapter or evidence derived
therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or
other proceeding in a federal or state court unless each party, not less than ten days before
the trial, hearing, or proceeding, has been furnished with a copy of the tracking warrant,
and accompanying application, under which the information was obtained. This ten-day
period may be waived by the judge if the judge finds that it was not possible to furnish a
party with the required information ten days before the trial, hearing, or proceeding and that
a party will not be prejudiced by the delay in receiving the information.

Sec. 12.

new text begin [626A.44] SHORT TITLE.
new text end

new text begin Minnesota Statutes, sections 626A.44 to 626A.49, may be cited as the "Minnesota
Electronic Communications Privacy Act."
new text end

Sec. 13.

new text begin [626A.45] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 626A.44 to 626A.49, the definitions in
this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Adverse result. new text end

new text begin "Adverse result" means any of the following:
new text end

new text begin (1) danger to the life or physical safety of an individual;
new text end

new text begin (2) flight from prosecution;
new text end

new text begin (3) destruction of or tampering with evidence;
new text end

new text begin (4) intimidation of potential witnesses; or
new text end

new text begin (5) serious jeopardy to an investigation.
new text end

new text begin Subd. 3. new text end

new text begin Authorized possessor. new text end

new text begin "Authorized possessor" means the person in possession
of an electronic device when that person is the owner of the device or has been authorized
to possess the device by the owner of the device.
new text end

new text begin Subd. 4. new text end

new text begin Electronic communication. new text end

new text begin "Electronic communication" means the transfer
of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or
in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system.
new text end

new text begin Subd. 5. new text end

new text begin Electronic communication information. new text end

new text begin "Electronic communication
information" means any information about an electronic communication or the use of an
electronic communication service, including but not limited to the contents; sender; recipients;
format; precise or approximate location of the sender or recipients at any point during the
communication; time or date the communication was created, sent, or received; or any
information pertaining to any individual or device participating in the communication,
including but not limited to an IP address. Electronic communication information does not
include subscriber information under subdivision 13.
new text end

new text begin Subd. 6. new text end

new text begin Electronic communication service. new text end

new text begin "Electronic communication service" has
the meaning given in section 626A.42, subdivision 1, paragraph (b).
new text end

new text begin Subd. 7. new text end

new text begin Electronic device. new text end

new text begin "Electronic device" has the meaning given in section
626A.42, subdivision 1, paragraph (c).
new text end

new text begin Subd. 8. new text end

new text begin Electronic device information. new text end

new text begin "Electronic device information" means any
information stored on or generated through the operation of an electronic device, including
the current and prior locations of the device.
new text end

new text begin Subd. 9. new text end

new text begin Electronic information. new text end

new text begin "Electronic information" means electronic
communication information or electronic device information.
new text end

new text begin Subd. 10. new text end

new text begin Government entity. new text end

new text begin "Government entity" has the meaning given in section
626A.42, subdivision 1, paragraph (d).
new text end

new text begin Subd. 11. new text end

new text begin Service provider. new text end

new text begin "Service provider" means a person or entity offering an
electronic communication service.
new text end

new text begin Subd. 12. new text end

new text begin Specific consent. new text end

new text begin "Specific consent" means consent provided directly to the
government entity seeking information, including but not limited to when the government
entity is the addressee or intended recipient or a member of the intended audience of an
electronic communication. Specific consent does not require that the originator of the
communication has actual knowledge that an addressee, intended recipient, or member of
the specific audience is a government entity, except where a government employee or agent
has taken deliberate steps to hide the employee's or agent's government association.
new text end

new text begin Subd. 13. new text end

new text begin Subscriber information. new text end

new text begin "Subscriber information" means the name, street
address, telephone number, e-mail address, or similar contact information provided by the
subscriber to the provider to establish or maintain an account or communication channel,
a subscriber or account number or identifier, the length of service, and the types of services
used by a user of or subscriber to a service provider.
new text end

Sec. 14.

new text begin [626A.46] GOVERNMENT ENTITY PROHIBITIONS; EXCEPTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibitions. new text end

new text begin Except as provided in this section, a government entity
shall not:
new text end

new text begin (1) compel or incentivize the production of or access to electronic communication
information from a service provider;
new text end

new text begin (2) compel the production of or access to electronic device information from any person
or entity other than the authorized possessor of the device; or
new text end

new text begin (3) access electronic device information by means of physical interaction or electronic
communication with the electronic device.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin A government entity may:
new text end

new text begin (1) compel the production of or access to electronic communication information from
a service provider, or compel the production of or access to electronic device information
from any person or entity other than the authorized possessor of the device only:
new text end

new text begin (i) pursuant to a search warrant issued under section 626.18 and subject to subdivision
4; or
new text end

new text begin (ii) pursuant to a wiretap order issued under sections 626A.05 and 626A.06; and
new text end

new text begin (2) access electronic device information by means of physical interaction or electronic
communication with the device only:
new text end

new text begin (i) pursuant to a search warrant issued pursuant to section 626.18 and subject to
subdivision 4;
new text end

new text begin (ii) pursuant to a wiretap order issued pursuant to sections 626A.05 and 626A.06;
new text end

new text begin (iii) with the specific consent of the authorized possessor of the device;
new text end

new text begin (iv) with the specific consent of the owner of the device, only when the device has been
reported as lost or stolen; or
new text end

new text begin (v) if the government entity, in good faith, believes the device to be lost, stolen, or
abandoned, provided that the entity shall only access electronic device information in order
to attempt to identify, verify, or contact the owner or authorized possessor of the device.
new text end

new text begin Subd. 3. new text end

new text begin Warrant. new text end

new text begin (a) A warrant for electronic communication information shall:
new text end

new text begin (1) describe with particularity the information to be seized by specifying the time periods
covered and, as appropriate and reasonable, the target individuals or accounts, the applications
or services covered, and the types of information sought;
new text end

new text begin (2) require that any information obtained through the execution of the warrant that is
unrelated to the objective of the warrant be destroyed within 30 days and not subject to
further review, use, or disclosure. This clause shall not apply when the information obtained
is exculpatory with respect to the targeted individual; and
new text end

new text begin (3) comply with all other provisions of Minnesota and federal law, including any
provisions prohibiting, limiting, or imposing additional requirements on the use of search
warrants.
new text end

new text begin (b) When issuing any warrant or order for electronic information, or upon the petition
from the target or recipient of the warrant or order, a court may, at its discretion, appoint a
special master charged with ensuring that only information necessary to achieve the objective
of the warrant or order is produced or accessed.
new text end

new text begin Subd. 4. new text end

new text begin Service provider; voluntary disclosure. new text end

new text begin (a) A service provider may voluntarily
disclose electronic communication information or subscriber information when that disclosure
is not otherwise prohibited by state or federal law.
new text end

new text begin (b) If a government entity receives electronic communication information voluntarily
provided under subdivision 7, the government entity shall destroy that information within
90 days unless one or more of the following apply:
new text end

new text begin (1) the entity has or obtains the specific consent of the sender or recipient of the electronic
communications about which information was disclosed; or
new text end

new text begin (2) the entity obtains a court order authorizing the retention of the information.
new text end

new text begin (c) A court shall issue a retention order upon a finding that the conditions justifying the
initial voluntary disclosure persist and the court shall authorize the retention of the
information only for so long as those conditions persist, or there is probable cause to believe
that the information constitutes evidence that a crime has been committed. Information
retained subject to this provision shall not be shared with:
new text end

new text begin (1) any persons or entities that do not agree to limit their use of the provided information
to those purposes contained in the court authorization; and
new text end

new text begin (2) any persons or entities that:
new text end

new text begin (i) are not legally obligated to destroy the provided information upon the expiration or
rescindment of the court's retention order; or
new text end

new text begin (ii) do not voluntarily agree to destroy the provided information upon the expiration or
rescindment of the court's retention order.
new text end

new text begin Subd. 5. new text end

new text begin Emergency. new text end

new text begin If a government entity obtains electronic communication
information relating to an emergency involving danger of death or serious physical injury
to a person that requires access to the electronic information without delay, the entity shall,
within three days after obtaining the electronic information, file with the appropriate court
an application for a warrant or order authorizing obtaining the electronic information or a
motion seeking approval of the emergency disclosures that shall set forth the facts giving
rise to the emergency and, if applicable, a request supported by a sworn affidavit for an
order delaying notification under section 626A.47, subdivision 2, paragraph (a). The court
shall promptly rule on the application or motion and shall order the immediate destruction
of all information obtained, and immediate notification under section 626A.47, subdivision
1, if the notice has not already been given, upon a finding that the facts did not give rise to
an emergency or upon rejecting the warrant or order application on any other ground.
new text end

new text begin Subd. 6. new text end

new text begin Subpoena. new text end

new text begin This section does not limit the authority of a government entity to
use an administrative, grand jury, trial, or civil discovery subpoena to require:
new text end

new text begin (1) an originator, addressee, or intended recipient of an electronic communication to
disclose any electronic communication information associated with that communication;
new text end

new text begin (2) an entity that provides electronic communications services to its officers, directors,
employees, or agents for the purpose of carrying out their duties, to disclose electronic
communication information associated with an electronic communication to or from an
officer, director, employee, or agent of the entity; or
new text end

new text begin (3) a service provider to provide subscriber information.
new text end

new text begin Subd. 7. new text end

new text begin Recipient voluntary disclosure. new text end

new text begin This section does not prohibit the intended
recipient of an electronic communication from voluntarily disclosing electronic
communication information concerning that communication to a government entity.
new text end

new text begin Subd. 8. new text end

new text begin Construction. new text end

new text begin Nothing in this section shall be construed to expand any authority
under Minnesota law to compel the production of or access to electronic information.
new text end

Sec. 15.

new text begin [626A.47] NOTICES REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Notice. new text end

new text begin Except as otherwise provided in this section, a government entity
that executes a warrant or obtains electronic communication information in an emergency
under section 626A.46, subdivision 5, shall serve upon, or deliver to by registered or
first-class mail, electronic mail, or other means reasonably calculated to be effective, the
identified targets of the warrant or emergency request a notice that informs the recipient
that information about the recipient has been compelled or requested, and states with
reasonable specificity the nature of the government investigation under which the information
is sought. The notice shall include a copy of the warrant or a written statement setting forth
facts giving rise to the emergency. The notice shall be provided contemporaneously with
the execution of a warrant, or, in the case of an emergency, within three days after obtaining
the electronic information.
new text end

new text begin Subd. 2. new text end

new text begin Emergency; delay of notice. new text end

new text begin (a) When a warrant is sought or electronic
communication information is obtained in an emergency under section 626A.46, subdivision
5, the government entity may submit a request supported by a sworn affidavit for an order
delaying notification and prohibiting any party providing information from notifying any
other party that information has been sought. The court shall issue the order if the court
determines that there is reason to believe that notification may have an adverse result, but
only for the period of time that the court finds there is reason to believe that the notification
may have that adverse result, and not to exceed 90 days. The court may grant extensions of
the delay of up to 90 days each.
new text end

new text begin (b) Upon expiration of the period of delay of the notification, the government entity
shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other
means reasonably calculated to be effective as specified by the court issuing the order
authorizing delayed notification, the identified targets of the warrant, a document that
includes the information described in subdivision 1, a copy of all electronic information
obtained or a summary of that information, including, at a minimum, the number and types
of records disclosed, the date and time when the earliest and latest records were created,
and a statement of the grounds for the court's determination to grant a delay in notifying
the individual.
new text end

new text begin Subd. 3. new text end

new text begin No identified target. new text end

new text begin (a) If there is no identified target of a warrant or emergency
request at the time of issuance, the government entity shall submit to the supreme court all
of the information required in subdivision 1 within three days of the execution of the warrant
or issuance of the request. If an order delaying notice is obtained under subdivision 2, the
government entity shall submit to the supreme court all of the information required in
subdivision 2, paragraph (b), upon the expiration of the period of delay of the notification.
new text end

new text begin (b) The supreme court shall publish the reports on its website within 90 days of receipt.
The supreme court shall redact names or other personal identifying information from the
reports.
new text end

new text begin Subd. 4. new text end

new text begin Service provider. new text end

new text begin Except as otherwise provided in this section, nothing in
sections 626A.45 to 626A.49 shall prohibit or limit a service provider or any other party
from disclosing information about any request or demand for electronic information.
new text end

Sec. 16.

new text begin [626A.48] REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Suppression. new text end

new text begin Any person in a trial, hearing, or proceeding may move to
suppress any electronic communication information obtained or retained in violation of the
United States Constitution, the Minnesota Constitution, or sections 626A.45 to 626A.49.
The motion shall be made, determined, and subject to review according to section 626.21
or 626A.12.
new text end

new text begin Subd. 2. new text end

new text begin Attorney general. new text end

new text begin The attorney general may commence a civil action to compel
any government entity to comply with the provisions of sections 626A.45 to 626A.49.
new text end

new text begin Subd. 3. new text end

new text begin Petition. new text end

new text begin An individual whose information is targeted by a warrant, order, or
other legal process that is inconsistent with sections 626A.45 to 626A.49, the Minnesota
Constitution, the United States Constitution, or a service provider or any other recipient of
the warrant, order, or other legal process, may petition the issuing court to void or modify
the warrant, order, or process, or to order the destruction of any information obtained in
violation of sections 626A.45 to 626A.49, the Minnesota Constitution, or the United States
Constitution.
new text end

new text begin Subd. 4. new text end

new text begin No cause of action. new text end

new text begin A Minnesota or foreign corporation, and its officers,
employees, and agents, are not subject to any cause of action for providing records,
information, facilities, or assistance according to the terms of a warrant, court order, statutory
authorization, emergency certification, or wiretap order issued under sections 626A.45 to
626A.49.
new text end

Sec. 17.

new text begin [626A.49] REPORTS.
new text end

new text begin (a) At the same time as notice is provided under section 626A.47, the issuing or denying
judge shall report to the state court administrator:
new text end

new text begin (1) the fact that a warrant or extension was applied for under section 626A.46;
new text end

new text begin (2) the fact that the warrant or extension was granted as applied for, was modified, or
was denied;
new text end

new text begin (3) the period of collection of electronic communication information authorized by the
warrant, and the number and duration of any extensions of the warrant;
new text end

new text begin (4) the offense specified in the warrant or application, or extension of a warrant;
new text end

new text begin (5) whether the collection required contemporaneous monitoring of an electronic device's
location; and
new text end

new text begin (6) the identity of the applying investigative or peace officer and agency making the
application and the person authorizing the application.
new text end

new text begin (b) On or before November 15 of each even-numbered year, the state court administrator
shall transmit to the legislature a report concerning: (1) all warrants authorizing the collection
of electronic communication information during the two previous calendar years; and (2)
all applications that were denied during the two previous calendar years. Each report shall
include a summary and analysis of the data required to be filed under this section. The report
is public and must be available for public inspection at the Legislative Reference Library
and the state court administrator's office and website.
new text end

new text begin (c) Nothing in sections 626A.45 to 626A.49 shall prohibit or restrict a service provider
from producing an annual report summarizing the demands or requests it receives under
those sections.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 13.72, subdivision 9, new text end new text begin is repealed.
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

ARTICLE 2

GENERAL CIVIL LAW PROVISIONS

Section 1.

new text begin [181.990] EMPLOYEE USERNAME AND PASSWORD PRIVACY
PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given them in this subdivision.
new text end

new text begin (b) "Applicant" means an applicant for employment.
new text end

new text begin (c) "Employee" means an individual who provides services or labor for an employer for
wages or other remuneration.
new text end

new text begin (d) "Employer" means a person who is acting directly as an employer, or indirectly in
the interest of an employer, on behalf of a for-profit, nonprofit, charitable, governmental,
or other organized entity in relation to an employee.
new text end

new text begin (e) "Personal social media account" means an account with an electronic medium or
service where users may create, share, and view user-generated content, including but not
limited to uploading or downloading videos or still photographs, blogs, video blogs, podcasts,
messages, e-mails, or Internet website profiles or locations. Personal social media account
does not include: (1) an account opened at an employer's behest, or provided by an employer,
and intended to be used solely on behalf of the employer, or (2) an account opened at a
school's behest, or provided by a school, and intended to be used solely on behalf of the
school.
new text end

new text begin (f) "Specific content" means data or information on a personal social media account that
is identified with sufficient particularity to:
new text end

new text begin (1) demonstrate prior knowledge of the content's details; and
new text end

new text begin (2) distinguish the content from other data or information on the account with which it
may share similar characteristics.
new text end

new text begin Subd. 2. new text end

new text begin Employer access prohibited. new text end

new text begin (a) An employer shall not:
new text end

new text begin (1) require, request, or coerce an employee or applicant to disclose the username,
password, or any other means of authentication, or to provide access through the username
or password, to a personal social media account;
new text end

new text begin (2) require, request, or coerce an employee or applicant to access a personal social media
account in the presence of the employer in a manner that enables the employer to observe
the contents of the account; or
new text end

new text begin (3) compel an employee or applicant to add any person, including the employer, to their
list of contacts associated with a personal social media account or require, request, or
otherwise coerce an employee or applicant to change the settings that affect a third party's
ability to view the contents of a personal social networking account.
new text end

new text begin (b) The prohibitions in paragraph (a), clauses (1) and (2), do not apply to a law
enforcement agency when the law enforcement agency is investigating the background of
an applicant for employment. "Law enforcement agency" has the meaning given in section
626.84, subdivision 1, paragraph (f).
new text end

new text begin Subd. 3. new text end

new text begin Employer actions prohibited. new text end

new text begin (a) An employer shall not:
new text end

new text begin (1) take any action or threaten to take any action to discharge, discipline, or otherwise
penalize an employee for an employee's refusal to disclose any information specified in
subdivision 2, clause (1), for refusal to take any action specified in subdivision 2, clause
(2), or for refusal to add the employer to their list of contacts associated with a personal
social media account or to change the settings that affect a third party's ability to view the
contents of a personal social media account as specified in subdivision 2, clause (3); or
new text end

new text begin (2) fail or refuse to hire any applicant as a result of the applicant's refusal to disclose
any information specified in subdivision 2, clause (1), for refusal to take any action specified
in subdivision 2, clause (2), or for refusal to add the employer to their list of contacts
associated with a personal social media account or to change the settings that affect a third
party's ability to view the contents of a personal social media account as specified in
subdivision 2, clause (3).
new text end

new text begin (b) The prohibited activity in paragraph (a), clause (2), that related to the prohibited
actions in subdivision 2, clauses (1) and (2), does not apply to a law enforcement agency
when the law enforcement agency is investigating the background of an applicant for
employment. "Law enforcement agency" has the meaning given in section 626.84,
subdivision 1, paragraph (f).
new text end

new text begin Subd. 4. new text end

new text begin Employer actions permitted. new text end

new text begin Nothing in this section shall prevent an employer
from:
new text end

new text begin (1) accessing information about an employee or applicant that is publicly available;
new text end

new text begin (2) complying with state and federal laws, rules, and regulations and the rules of
self-regulatory organizations, where applicable;
new text end

new text begin (3) requesting or requiring an employee or applicant to share specific content that has
been reported to the employer, without requesting or requiring an employee or applicant to
provide a username, password, or other means of authentication that provides access to a
personal social media account, for the purpose of:
new text end

new text begin (i) ensuring compliance with applicable laws or regulatory requirements;
new text end

new text begin (ii) investigating an allegation, based on receipt of specific information, of the
unauthorized transfer of an employer's proprietary or confidential information or financial
data to an employee or applicant's personal social media account; or
new text end

new text begin (iii) investigating an allegation, based on receipt of specific information, of unlawful
harassment in the workplace;
new text end

new text begin (4) prohibiting an employee or applicant from using a personal social media account for
business purposes; or
new text end

new text begin (5) prohibiting an employee or applicant from accessing or operating a personal social
media account during business hours or while on business property.
new text end

new text begin Subd. 5. new text end

new text begin Employer protected if access inadvertent; use prohibited. new text end

new text begin If an employer
inadvertently receives the username, password, or other means of authentication that provides
access to a personal social media account of an employee or applicant through the use of
an otherwise lawful virus scan or firewall that monitors the employer's network or
employer-provided devices, the employer is not liable for having the information, but may
not use the information to access the personal social media account of the employee or
applicant, may not share the information with anyone, and must delete the information
immediately or as soon as is reasonably practicable.
new text end

new text begin Subd. 6. new text end

new text begin Enforcement. new text end

new text begin Any employer, including its employee or agents, that violates
this section shall be subject to legal action for damages or equitable relief, to be brought by
any person claiming that a violation of this section has injured the person or the person's
reputation. A person so injured is entitled to actual damages, including mental pain and
suffering endured on account of violation of the provisions of this section, and reasonable
attorney fees and other costs of litigation.
new text end

new text begin Subd. 7. new text end

new text begin Severability. new text end

new text begin The provisions in this section are severable. If any part or provision
of this section, or the application of this section to any person, entity, or circumstance, is
held invalid, the remainder of this section, including the application of the part or provision
to other persons, entities, or circumstances, shall not be affected by the holding and shall
continue to have force and effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to actions
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 257.57, subdivision 1, is amended to read:

Subdivision 1.

Actions under section 257.55, subdivision 1, paragraph (a), (b), or
(c).

A child, the child's biological mother, or a man presumed to be the child's father under
section 257.55, subdivision 1, paragraph (a), (b), or (c) may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child
relationship presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c); or

(2) for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (a), (b), or (c), only if the action
is brought within deleted text begin two deleted text end new text begin three new text end years after the person bringing the action has reason to believe
that the presumed father is not the father of the child deleted text begin , but in no event later than three years
after the child's birth deleted text end . However, if the presumed father was divorced from the child's mother
and if, on or before the 280th day after the judgment and decree of divorce or dissolution
became final, he did not know that the child was born during the marriage or within 280
days after the marriage was terminated, the action is not barred until deleted text begin one year after the child
reaches the age of majority or one year deleted text end new text begin three years new text end after the presumed father knows or
reasonably should have known of the birth of the child deleted text begin , whichever is earlier deleted text end . After the
presumption has been rebutted, paternity of the child by another man may be determined
in the same action, if he has been made a party.

Sec. 3.

Minnesota Statutes 2018, section 257.57, subdivision 2, is amended to read:

Subd. 2.

Actions under other paragraphs of section 257.55, subdivision 1.

The child,
the mother, or personal representative of the child, the public authority chargeable by law
with the support of the child, the personal representative or a parent of the mother if the
mother has died or is a minor, a man alleged or alleging himself to be the father, or the
personal representative or a parent of the alleged father if the alleged father has died or is
a minor may bring an action:

(1) at any time for the purpose of declaring the existence of the father and child
relationship presumed under sections 257.55, subdivision 1, paragraph (d), (e), (g), or (h),
and 257.62, subdivision 5, paragraph (b) deleted text begin , or the nonexistence of the father and child
relationship presumed under section 257.55, subdivision 1, clause (d) deleted text end ;

(2) new text begin for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (d), only if the action is brought
within three years from when the presumed father began holding the child out as his own;
new text end

new text begin (3) new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.55, subdivision 1, paragraph (e) or (g), only if the action is
brought within deleted text begin six months deleted text end new text begin three years new text end after the person bringing the action deleted text begin obtains the results
of blood or genetic tests that indicate that the presumed father is not the father of the child deleted text end new text begin
has reason to believe that the presumed father is not the biological father new text end ;

deleted text begin (3) deleted text end new text begin (4) new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.62, subdivision 5, paragraph (b), only if the action is brought
within three years after the party bringing the action, or the party's attorney of record, has
been provided deleted text begin the blood or deleted text end genetic test results; or

deleted text begin (4) deleted text end new text begin (5) new text end for the purpose of declaring the nonexistence of the father and child relationship
presumed under section 257.75, subdivision 9, only if the action is brought by the minor
signatory within deleted text begin six months deleted text end new text begin three years new text end after the new text begin youngest new text end minor signatory reaches the age
of 18 new text begin or three years after the person bringing the action has reason to believe that the father
is not the biological father of the child, whichever is later new text end . deleted text begin In the case of a recognition of
parentage executed by two minor signatories, the action to declare the nonexistence of the
father and child relationship must be brought within six months after the youngest signatory
reaches the age of 18.
deleted text end

Sec. 4.

Minnesota Statutes 2018, section 257.57, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Nonexistence of father-child relationship. new text end

new text begin (a) An action to declare the
nonexistence of the father-child relationship must be personally served on all parties and
meet the requirements of either subdivision 1 or 2. An action must be brought by a petition,
except that a motion may be filed in an underlying action regarding parentage, custody, or
parenting time.
new text end

new text begin (b) An action to declare the nonexistence of the father-child relationship cannot proceed
if the court finds that in a previous proceeding:
new text end

new text begin (1) the father-child relationship was contested and a court order determined the existence
of the father-child relationship; or
new text end

new text begin (2) the father-child relationship was determined based upon a court order as a result of
a stipulation or joint petition of the parties.
new text end

new text begin (c) Nothing in this subdivision precludes a party from relief under section 518.145,
subdivision 2, clauses (1) to (3), if applicable, or the Minnesota Rules of Civil Procedure.
new text end

new text begin (d) In evaluating whether or not to declare the nonexistence of the father-child
relationship, the court must consider, evaluate, and make written findings on the following
factors:
new text end

new text begin (1) the length of time between the paternity adjudication or presumption of paternity
and the time that the moving party knew or should have known that the presumed or
adjudicated father might not be the biological father;
new text end

new text begin (2) the length of time during which the presumed or adjudicated father has assumed the
role of father of the child;
new text end

new text begin (3) the facts surrounding the moving party's discovery of the presumed or adjudicated
father's possible nonpaternity;
new text end

new text begin (4) the nature of the relationship between the child and the presumed or adjudicated
father;
new text end

new text begin (5) the current age of the child;
new text end

new text begin (6) the harm or benefit that may result to the child if the court ends the father-child
relationship of the current presumed or adjudicated father;
new text end

new text begin (7) the nature of the relationship between the child and any presumed or adjudicated
father;
new text end

new text begin (8) the parties' agreement to the nonexistence of the father-child relationship and
adjudication of paternity in the same action;
new text end

new text begin (9) the extent to which the passage of time reduces the chances of establishing paternity
of another man and a child support order for that parent;
new text end

new text begin (10) the likelihood of adjudication of the biological father if not already joined in this
action; and
new text end

new text begin (11) any additional factors deemed to be relevant by the court.
new text end

new text begin (e) The burden of proof shall be on the petitioner to show by clear and convincing
evidence that, after consideration of the factors in paragraph (d), declaring the nonexistence
of the father-child relationship is in the child's best interests.
new text end

new text begin (f) The court may grant the relief in the petition or motion upon finding that:
new text end

new text begin (1) the moving party has met the requirements of this section;
new text end

new text begin (2) the genetic testing results were properly conducted in accordance with section 257.62;
new text end

new text begin (3) the presumed or adjudicated father has not adopted the child;
new text end

new text begin (4) the child was not conceived by artificial insemination that meets the requirements
under section 257.56 or that the presumed or adjudicated father voluntarily agreed to the
artificial insemination; and
new text end

new text begin (5) the presumed or adjudicated father did not act to prevent the biological father of the
child from asserting his parental rights with respect to the child.
new text end

new text begin (g) Upon granting the relief sought in the petition or motion, the court shall order the
following:
new text end

new text begin (1) the father-child relationship has ended and the presumed or adjudicated father's
parental rights and responsibilities end upon the granting of the petition;
new text end

new text begin (2) the presumed or adjudicated father's name shall be removed from the minor child's
birth record and a new birth certificate shall be issued upon the payment of any fees;
new text end

new text begin (3) the presumed or adjudicated father's obligation to pay ongoing child support shall
be terminated, effective on the first of the month after the petition or motion was served;
new text end

new text begin (4) any unpaid child support due prior to service of the petition or motion remains due
and owing absent an agreement of all parties including the public authority or the court
determines other relief is appropriate under the Rules of Civil Procedure; and
new text end

new text begin (5) the presumed or adjudicated father has no right to reimbursement of past child support
paid to the mother, the public authority, or any other assignee of child support.
new text end

new text begin The order must include the provisions of section 257.66 if another party to the action is
adjudicated as the father of the child.
new text end

Sec. 5.

Minnesota Statutes 2018, section 257.75, subdivision 4, is amended to read:

Subd. 4.

Action to vacate recognition.

(a) An action to vacate a recognition of paternity
may be brought by the mother, father, husband or former husband who executed a joinder,
or the child. An action to vacate a recognition of parentage may be brought by the public
authority. A mother, father, or husband or former husband who executed a joinder must
bring the action within deleted text begin one year of the execution of the recognition or within six months
after the person bringing the action obtains the results of blood or genetic tests that indicate
that the man who executed the recognition is not the father of the child deleted text end new text begin three years after the
person bringing the action has reason to believe that the father is not the biological father
of the child new text end . A child must bring an action to vacate within deleted text begin six months deleted text end new text begin three years new text end after the
child deleted text begin obtains the result of blood or genetic tests that indicate that deleted text end new text begin has reason to believe new text end the
man who executed the recognition is not the new text begin biological new text end father of the child, or within one
year of reaching the age of majority, whichever is later. If the court finds a prima facie basis
for vacating the recognition, the court shall order the child, mother, father, and husband or
former husband who executed a joinder to submit to deleted text begin blood deleted text end new text begin genetic new text end tests. If the court issues
an order for the taking of deleted text begin blood deleted text end new text begin genetic new text end tests, the court shall require the party seeking to
vacate the recognition to make advance payment for the costs of the deleted text begin blood deleted text end new text begin genetic new text end tests new text begin ,
unless the parties agree and the court finds that the previous genetic test results exclude the
man who executed the recognition as the biological father of the child new text end . If the party fails to
pay for the costs of the deleted text begin blood deleted text end new text begin genetic new text end tests, the court shall dismiss the action to vacate with
prejudice. The court may also order the party seeking to vacate the recognition to pay the
other party's reasonable attorney fees, costs, and disbursements. If the results of the deleted text begin blood deleted text end new text begin
genetic new text end tests establish that the man who executed the recognition is not the father, the court
shall vacate the recognition. new text begin Notwithstanding the vacation of the recognition, the court may
adjudicate the man who executed the recognition under any other applicable paternity
presumption under section 257.55. new text end If a recognition is vacated, any joinder in the recognition
under subdivision 1a is also vacated. The court shall terminate the obligation of a party to
pay ongoing child support based on the recognition. A modification of child support based
on a recognition may be made retroactive with respect to any period during which the
moving party has pending a motion to vacate the recognition but only from the date of
service of notice of the motion on the responding party.

(b) The burden of proof in an action to vacate the recognition is on the moving party.
The moving party must request the vacation on the basis of fraud, duress, or material mistake
of fact. The legal responsibilities in existence at the time of an action to vacate, including
child support obligations, may not be suspended during the proceeding, except for good
cause shown.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to recognition
of parentage signed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 518.145, subdivision 2, is amended to read:

Subd. 2.

Reopening.

On motion and upon terms as are just, the court may relieve a party
from a judgment and decree, order, or proceeding under this chapter, except for provisions
dissolving the bonds of marriage, annulling the marriage, or directing that the parties are
legally separated, and may order a new trial or grant other relief as may be just for the
following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence which by due diligence could not have been discovered
in time to move for a new trial under the Rules of Civil Procedure, rule 59.03;

(3) fraud, whether denominated intrinsic or extrinsic, misrepresentation, or other
misconduct of an adverse party;

(4) the judgment and decree or order is void; or

(5) the judgment has been satisfied, released, or discharged, or a prior judgment and
decree or order upon which it is based has been reversed or otherwise vacated, or it is no
longer equitable that the judgment and decree or order should have prospective application.

The motion must be made within a reasonable time, and for a reason under clause (1),
(2), or (3), new text begin other than a motion to declare the nonexistence of the parent-child relationship,
new text end not more than one year after the judgment and decree, order, or proceeding was entered or
taken. new text begin An action to declare the nonexistence of the father-child relationship must be made
within in a reasonable time under clause (1), (2), or (3), and not more than three years after
the person bringing the action has reason to believe that the father is not the father of the
child. new text end A motion under this subdivision does not affect the finality of a judgment and decree
or order or suspend its operation. This subdivision does not limit the power of a court to
entertain an independent action to relieve a party from a judgment and decree, order, or
proceeding or to grant relief to a party not actually personally notified as provided in the
Rules of Civil Procedure, or to set aside a judgment for fraud upon the court.

Sec. 7.

Minnesota Statutes 2018, section 518.157, subdivision 1, is amended to read:

Subdivision 1.

Implementation; administration.

new text begin (a) new text end By January 1, 1998, the chief
judge of each judicial district or a designee shall implement one or more parent education
programs within the judicial district for the purpose of educating parents about the impact
that divorce, the restructuring of families, and judicial proceedings have upon children and
families; methods for preventing parenting time conflicts; and dispute resolution options.
The chief judge of each judicial district or a designee may require that children attend a
separate education program designed to deal with the impact of divorce upon children as
part of the parent education program. Each parent education program must enable persons
to have timely and reasonable access to education sessions.

new text begin (b) The chief judge of each judicial district shall ensure that the judicial district's website
includes information on the parent education program or programs required under this
section.
new text end

Sec. 8.

Minnesota Statutes 2018, section 518.157, subdivision 3, is amended to read:

Subd. 3.

Attendance.

new text begin (a) new text end In a proceeding under this chapter where new text begin the parties have not
agreed to new text end custody or new text begin a new text end parenting time deleted text begin is contested deleted text end new text begin schedule new text end , new text begin the court shall order new text end the parents
of a minor child deleted text begin shall attend deleted text end new text begin to attend or take online new text end a minimum of eight hours in an
orientation and education program that meets the minimum standards promulgated by the
Minnesota Supreme Court.

new text begin (b) new text end In all other proceedings involving custody, support, or parenting time the court may
order the parents of a minor child to attend a parent education program.

new text begin (c) new text end The program shall provide the court with names of persons who fail to attend the
parent education program as ordered by the court. Persons who are separated or contemplating
involvement in a dissolution, paternity, custody, or parenting time proceeding may attend
a parent education program without a court order.

new text begin (d) new text end Unless otherwise ordered by the court, participation in a parent education program
must begin new text begin before an initial case management conference and new text end within 30 days after the first
filing with the court or as soon as practicable after that time based on the reasonable
availability of classes for the program for the parent. Parent education programs must offer
an opportunity to participate at all phases of a pending or postdecree proceeding.

new text begin (e) new text end Upon request of a party and a showing of good cause, the court may excuse the party
from attending the program. If past or present domestic abuse, as defined in chapter 518B,
is alleged, the court shall not require the parties to attend the same parent education sessions
and shall enter an order setting forth the manner in which the parties may safely participate
in the program.

new text begin (f) Before an initial case management conference for a proceeding under this chapter
where the parties have not agreed to custody or parenting time, the court shall notify the
parties of their option to resolve disagreements, including the development of a parenting
plan, through the use of private mediation.
new text end

Sec. 9.

Minnesota Statutes 2018, section 518.175, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) In all proceedings for dissolution or legal separation,
subsequent to the commencement of the proceeding and continuing thereafter during the
minority of the child, the court shall, upon the request of either parent, grant such parenting
time on behalf of the child and a parent as will enable the child and the parent to maintain
a child to parent relationship that will be in the best interests of the child. new text begin The court shall
use a rebuttable presumption that it is in the best interests of the child to protect each
individual parent-child relationship by maximizing the child's time with each parent. new text end The
court, when issuing a parenting time order, may reserve a determination as to the future
establishment or expansion of a parent's parenting time. In that event, the best interest
standard set forth in subdivision 5, paragraph (a), shall be applied to a subsequent motion
to establish or expand parenting time.

(b) If the court finds, after a hearing, that parenting time with a parent is likely to endanger
the child's physical new text begin , mental, new text end or emotional health new text begin or safety new text end or impair the child's emotional
development, the court shall restrict parenting time with that parent as to time, place, duration,
or supervision and may deny parenting time entirely, as the circumstances warrant. deleted text begin The
court shall consider the age of the child and the child's relationship with the parent prior to
the commencement of the proceeding.
deleted text end

(c) A parent's failure to pay support because of the parent's inability to do so shall not
be sufficient cause for denial of parenting time.

(d) The court may provide that a law enforcement officer or other appropriate person
will accompany a party seeking to enforce or comply with parenting time.

(e) Upon request of either party, to the extent practicable an order for parenting time
must include a specific schedule for new text begin regular new text end parenting time, including the frequency and
duration of deleted text begin visitation deleted text end new text begin parenting time new text end and deleted text begin visitation deleted text end new text begin parenting time new text end during holidays deleted text begin and deleted text end new text begin , new text end
vacations, new text begin and school breaks, new text end unless parenting time is restricted, denied, or reserved.

(f) The court administrator shall provide a form for a pro se motion regarding parenting
time disputes, which includes provisions for indicating the relief requested, an affidavit in
which the party may state the facts of the dispute, and a brief description of the parenting
time expeditor process under section 518.1751. The form may not include a request for a
change of custody. The court shall provide instructions on serving and filing the motion.

(g) deleted text begin In the absence of other evidence, deleted text end new text begin Unless otherwise agreed, new text end there is a rebuttable
presumption that deleted text begin a deleted text end new text begin the court shall award each new text end parent deleted text begin is entitled to receive a minimum of 25 deleted text end new text begin
50 new text end percent of the parenting time for the child. new text begin If it is not practicable to award 50 percent
parenting time to each parent, the court shall maximize parenting time for each parent as
close as possible to the 50 percent presumption. new text end For purposes of this paragraph, the
percentage of parenting time may be determined by calculating the number of overnights
that a child spends with a parent or by using a method other than overnights if the parent
has significant time periods on separate days when the child is in the parent's physical
custody but does not stay overnight. deleted text begin The court may consider the age of the child in
determining whether a child is with a parent for a significant period of time.
deleted text end

new text begin (h) The court must include in a parenting time order the following:
new text end

new text begin (1) the ability of each parent to comply with the awarded parenting time schedule; and
new text end

new text begin (2) if a court deviates from the parenting time presumption under paragraph (g) and the
parties have not otherwise made a parenting time agreement, the court shall make written
findings of fact supported by clear and convincing evidence that the deviation results from
one or more of the following:
new text end

new text begin (i) a parent has a mental illness that was diagnosed by a licensed physician or by a
licensed psychologist, and the mental illness endangers the safety of the child based on the
opinion of the licensed physician or the licensed psychologist treating the parent;
new text end

new text begin (ii) a parent refuses or fails to complete a chemical dependency evaluation or assessment
ordered by a court, or a parent refuses or fails to complete chemical dependency
recommendations as ordered by a licensed physician or by a licensed drug or alcohol
counselor;
new text end

new text begin (iii) domestic abuse, as defined in section 518B.01, subdivision 2, or a qualified domestic
violence-related offense, as defined in section 609.02, subdivision 16, between the parents
or between a parent and the child;
new text end

new text begin (iv) a parent is unable to care for the child 50 percent of the time because of the parent's
inability to modify the parent's schedule to accommodate having a child 50 percent of the
time. An inability to modify a parent's schedule includes but is not limited to work, school,
child care, or medical appointment scheduling conflicts that prevent a parent from
maintaining parenting time with a child to accommodate the presumption under this section.
A parent's provision for safe alternative care when the parent is not available during the
parent's scheduled parenting time is not an inability of a parent to participate in a parenting
time schedule under this paragraph;
new text end

new text begin (v) a parent's repeated willful failure to comply with parenting time awarded pursuant
to a temporary order;
new text end

new text begin (vi) the distance required to travel between each parent's residence is so great that it
makes the parenting time presumption impractical to meet;
new text end

new text begin (vii) the child has a diagnosed medical or educational special need that cannot be
accommodated by the parenting time presumption; or
new text end

new text begin (viii) a child protection finding that the child is currently not safe under a parent's care.
new text end

new text begin (i) In assessing whether to deviate from the parenting time presumption in paragraph
(g), the court shall consider that a reduction in a parent's parenting time may impair the
parent's ability to parent the child, which may have negative impacts on the child.
new text end

new text begin (j) If a child does not have a relationship with a parent due to an absence of one year or
more with minimal or no contact with the child, or if the child is one year old or younger,
the court may order a gradual increase in parenting time. If the court orders a gradual increase
in parenting time, the gradual increase shall only be in effect for a period of six months or
less, at which time the order shall provide for a parenting time schedule based on the
parenting time presumption in paragraph (g).
new text end

new text begin (k) The court shall not limit parenting time for a parent based solely on the age of the
child. If the child is five years old or younger at the time the parenting time schedule is
established and the order does not provide for equal parenting time, the order must include
a provision for a possible future modification of the parenting time order.
new text end

new text begin (l) The court shall not consider the gender of a parent or a parent's marital or relationship
status in making parenting time determinations under this section.
new text end

new text begin (m) An award of parenting time of up to 53 percent for one parent and not below 47
percent for the other parent does not constitute a deviation from the parenting time
presumption in paragraph (g).
new text end

new text begin (n) In awarding parenting time, the court shall evaluate whether:
new text end

new text begin (1) one parent has engaged in unwarranted interference between the child and the other
parent;
new text end

new text begin (2) one parent has made false allegations of domestic abuse; and
new text end

new text begin (3) one parent has chronically denied or minimized parenting time to the other parent
in order to gain advantage in custody matters.
new text end

Sec. 10.

Minnesota Statutes 2018, section 524.5-118, subdivision 1, is amended to read:

Subdivision 1.

When required; exception.

(a) The court shall require a background
study under this section:

(1) before the appointment of a guardian or conservator, unless a background study has
been done on the person under this section within the previous two years; and

(2) once every two years after the appointment, if the person continues to serve as a
guardian or conservator.

(b) The background study must include:

(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
history data held by the commissioner of human services, and data regarding whether the
person has been a perpetrator of substantiated maltreatment of a vulnerable adult or minor;

(2) criminal history data from the National Criminal Records Repository if the proposed
guardian or conservator has not resided in Minnesota for the previous ten years or if the
Bureau of Criminal Apprehension information received from the commissioner of human
services under subdivision 2, paragraph (b), indicates that the subject is a multistate offender
or that the individual's multistate offender status is undetermined; and

(3) state licensing agency data if a search of the database or databases of the agencies
listed in subdivision 2a shows that the proposed guardian or conservator has ever held a
professional license directly related to the responsibilities of a professional fiduciary from
an agency listed in subdivision 2a that was conditioned, suspended, revoked, or canceled.

(c) If the guardian or conservator is not an individual, the background study must be
done on all individuals currently employed by the proposed guardian or conservator who
will be responsible for exercising powers and duties under the guardianship or
conservatorship.

(d) If the court determines that it would be in the best interests of the ward or protected
person to appoint a guardian or conservator before the background study can be completed,
the court may make the appointment pending the results of the study, however, the
background study must then be completed as soon as reasonably possible after appointment,
no later than 30 days after appointment.

(e) The fee for conducting a background study for appointment of a professional guardian
or conservator must be paid by the guardian or conservator. In other cases, the fee must be
paid as follows:

(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes of
section 524.5-502, paragraph (a);

(2) if there is an estate of the ward or protected person, the fee must be paid from the
estate; or

(3) in the case of a guardianship or conservatorship of the person that is not proceeding
in forma pauperis, the court may order that the fee be paid by the guardian or conservator
or by the court.

(f) The requirements of this subdivision do not apply if the guardian or conservator is:

(1) a state agency or county;

(2) a parent or guardian of a proposed ward or protected person who has a developmental
disability, if new text begin :
new text end

new text begin (i) new text end the parent or guardian has raised the proposed ward or protected person in the family
home until the time the petition is filed deleted text begin , unless deleted text end new text begin or the proposed ward enters a licensed facility
prior to turning 18 years of age and the parent or guardian has raised the proposed ward
until the time the proposed ward entered the facility; and
new text end

new text begin (ii) new text end counsel appointed for the proposed ward or protected person under section 524.5-205,
paragraph (d); 524.5-304, paragraph (b); 524.5-405, paragraph (a); or 524.5-406, paragraph
(b), deleted text begin recommends deleted text end new text begin does not recommend new text end a background study; or

(3) a bank with trust powers, bank and trust company, or trust company, organized under
the laws of any state or of the United States and which is regulated by the commissioner of
commerce or a federal regulator.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to background
checks required on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: H0631-1

13.72 TRANSPORTATION DEPARTMENT DATA.

Subd. 9.

Rideshare data.

The following data on participants, collected by the Minnesota Department of Transportation and the Metropolitan Council to administer rideshare programs, are classified as private under section 13.02, subdivision 12: residential address and telephone number; beginning and ending work hours; current mode of commuting to and from work; and type of rideshare service information requested.