HF 1030

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/09/2021 12:36pm

A bill for an act
relating to judiciary; amending law and appropriating money for courts, Guardian
Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
of Public Defense, and human rights; modifying criminal, civil, data practices,
and forfeiture law; amending Minnesota Statutes 2020, sections 2.722, subdivision
1; 5B.02; 5B.05; 5B.10, subdivision 1; 13.045, subdivisions 1, 2, 3, 4a; 13.32,
subdivision 3; 13.552, by adding a subdivision; 13.7931, by adding a subdivision;
13.82, by adding a subdivision; 13.824, subdivision 6; 13.825, subdivision 9;
13.856, subdivision 3; 144.225, subdivision 7; 169.99, subdivision 1c, by adding
a subdivision; 169A.63, subdivisions 1, 7, 8, 9, 10, 13, by adding subdivisions;
260C.163, subdivision 3; 357.021, subdivisions 1a, 6; 357.17; 359.04; 363A.02,
subdivision 1; 363A.06, subdivision 1; 363A.08, subdivision 6, by adding a
subdivision; 363A.09, subdivisions 1, 2, by adding a subdivision; 363A.28,
subdivisions 1, 6; 363A.31, subdivision 2; 363A.33, subdivision 3; 363A.36,
subdivisions 1, 2, 3, 4, by adding a subdivision; 363A.44, subdivisions 2, 4, 9;
477A.03, subdivision 2b; 484.85; 514.977; 517.04; 517.08, subdivision 1b;
524.2-503; 590.01, subdivision 4; 609.101, subdivision 5; 609.531, subdivision
1, by adding a subdivision; 609.5311, subdivisions 2, 3, 4; 609.5314, subdivisions
1, 2, 3, by adding a subdivision; 609.5315, subdivisions 5, 5b, 6; 611.21; 611.27,
subdivisions 9, 10, 11, 13, 15; Laws 2020, chapter 118, section 4; proposing coding
for new law in Minnesota Statutes, chapters 3; 13; 62A; 84; 359; 363A; 611A;
634; repealing Minnesota Statutes 2020, section 609.5317.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 61,132,000 new text end

new text begin $ new text end

new text begin 61,780,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Supreme Court Operations new text end

new text begin 44,204,000 new text end

new text begin 43,582,000 new text end

new text begin (a) new text end new text begin Contingent Account
new text end

new text begin $5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end

new text begin (b) Insurance Cost Increases
new text end

new text begin $306,000 in fiscal year 2022 and $661,000 in
fiscal year 2023 are to fund increases in
insurance costs.
new text end

new text begin (c) Increased Compensation
new text end

new text begin $1,139,000 in fiscal year 2023 is for increased
compensation for judges and other employees.
new text end

new text begin (d) Minnesota Court Record Online
Application
new text end

new text begin $741,000 in fiscal year 2022 is to fund critical
improvements to the Minnesota Court Record
Online application. This is a onetime
appropriation.
new text end

new text begin (e) Cybersecurity Program
new text end

new text begin $375,000 in fiscal year 2022 is to fund critical
improvements to the judiciary branch
cybersecurity program. This is a onetime
appropriation.
new text end

new text begin (f) Courthouse Safety
new text end

new text begin $1,000,000 in fiscal year 2022 is for a
competitive grant program established by the
chief justice for the distribution of safe and
secure courthouse fund grants to governmental
entities responsible for providing or
maintaining a courthouse or other facility
where court proceedings are held. Grant
recipients must provide a 50 percent nonstate
match. This is a onetime appropriation and is
available until June 30, 2024.
new text end

new text begin Subd. 3. new text end new text begin Civil Legal Services new text end

new text begin 16,928,000 new text end

new text begin 18,198,000 new text end

new text begin (a) Legal Services to Low-Income Clients
in Family Law Matters
new text end

new text begin $1,017,000 each year is to improve the access
of low-income clients to legal representation
in family law matters. This appropriation must
be distributed under Minnesota Statutes,
section 480.242, to the qualified legal services
program described in Minnesota Statutes,
section 480.242, subdivision 2, paragraph (a).
Any unencumbered balance remaining in the
first year does not cancel and is available in
the second year.
new text end

new text begin (b) Base Adjustment
new text end

new text begin The base appropriation for civil legal services
shall be $18,387,000 in fiscal year 2024 and
beyond.
new text end

Sec. 3. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 13,234,000 new text end

new text begin $ new text end

new text begin 13,634,000 new text end

new text begin (a) Insurance Cost Increases
new text end

new text begin $71,000 in fiscal year 2022 and $155,000 in
fiscal year 2023 are to fund increases in
insurance costs.
new text end

new text begin (b) Increased Compensation
new text end

new text begin $316,000 in fiscal year 2023 is for increased
compensation for judges and other employees.
new text end

Sec. 4. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 320,509,000 new text end

new text begin $ new text end

new text begin 330,704,000 new text end

new text begin (a) Insurance Cost Increases
new text end

new text begin $2,425,000 in fiscal year 2022 and $5,232,000
in fiscal year 2023 are to fund increases in
insurance costs.
new text end

new text begin (b) Increased Compensation
new text end

new text begin $7,421,000 in fiscal year 2023 is for increased
compensation for judges and other employees.
new text end

new text begin (c) Interpreter Compensation
new text end

new text begin $400,000 in fiscal year 2022 and $400,000 in
fiscal year 2023 are to increase hourly fees
paid to qualified certified and uncertified
interpreters who are independent contractors
and assist persons disabled in communication
in legal proceedings.
new text end

Sec. 5. new text begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end

new text begin 22,206,000 new text end

new text begin $ new text end

new text begin 22,889,000 new text end

Sec. 6. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 1,827,000 new text end

new text begin $ new text end

new text begin 1,841,000 new text end

Sec. 7. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 100,000 new text end

new text begin $ new text end

new text begin 100,000 new text end

Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 580,000 new text end

new text begin $ new text end

new text begin 586,000 new text end

new text begin (a) Availability of Appropriation
new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end

new text begin (b) new text end new text begin Major Disciplinary Actions
new text end

new text begin $125,000 each year is for special investigative
and hearing costs for major disciplinary
actions undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain
available for these expenditures until June 30,
2025.
new text end

Sec. 9. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 109,770,000 new text end

new text begin $ new text end

new text begin 112,468,000 new text end

new text begin (a) Public Defense Corporations
new text end

new text begin $74,000 the first year and $152,000 the second
year are for increases to public defense
corporations.
new text end

new text begin (b) Postconviction Relief Petitions
new text end

new text begin $187,000 in fiscal year 2022 is for contract
attorneys to represent individuals who file
postconviction relief petitions.
new text end

Sec. 10. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 5,668,000 new text end

new text begin $ new text end

new text begin 5,768,000 new text end

new text begin Additional Staffing and Administrative
Costs
new text end

new text begin $345,000 in fiscal year 2022 and $350,000 in
fiscal year 2023 are for improving caseload
processing, costs associated with prohibiting
rental discrimination, staff and administrative
costs necessary to collect and report on crimes
of bias, and to develop training materials with
the Board of Peace Officer Standards and
Training.
new text end

Sec. 11. new text begin OFFICE OF THE STATE AUDITOR new text end

new text begin $ new text end

new text begin 64,000 new text end

new text begin $ new text end

new text begin 30,000 new text end

new text begin Forfeiture Reporting
new text end

new text begin $64,000 in fiscal year 2022 and $30,000 in
fiscal year 2023 are for costs associated with
forfeiture reporting requirements.
new text end

Sec. 12. new text begin DEPARTMENT OF PUBLIC SAFETY new text end

new text begin $ new text end

new text begin 24,000 new text end

new text begin $ new text end

new text begin -0- new text end

new text begin Forfeiture Notices
new text end

new text begin $24,000 in fiscal year 2022 is for costs for
technological upgrades required for generating
forfeiture notices and property receipts.
new text end

Sec. 13. new text begin FEDERAL FUNDS REPLACEMENT; APPROPRIATION.
new text end

new text begin Notwithstanding any law to the contrary, the commissioner of management and budget
must determine whether the expenditures authorized under this act are eligible uses of federal
funding received under the Coronavirus State Fiscal Recovery Fund or any other federal
funds received by the state under the American Rescue Plan Act, Public Law 117-2. If the
commissioner of management and budget determines an expenditure is eligible for funding
under Public Law 117-2, the amount of the eligible expenditure is appropriated from the
account where those amounts have been deposited and the corresponding general fund
amounts appropriated under this act are canceled to the general fund.
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

ACCESS TO COURTS; DISTRIBUTION OF FEES; DEADLINES

Section 1.

Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:

Subdivision 1.

Description.

Effective July 1, 1959, the state is divided into ten judicial
districts composed of the following named counties, respectively, in each of which districts
judges shall be chosen as hereinafter specified:

1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
and one other shall be maintained at the place designated by the chief judge of the district;

2. Ramsey; 26 judges;

3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert
Lea, Austin, Rochester, and Winona;

4. Hennepin; 60 judges;

5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; deleted text begin 16 deleted text end new text begin 17 new text end judges; and
permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and
Mankato;

6. Carlton, St. Louis, Lake, and Cook; 15 judges;

7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and
Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;

8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
shall be maintained in Morris, Montevideo, and Willmar;

9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief
River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and

10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.

Sec. 2.

Minnesota Statutes 2020, section 260C.163, subdivision 3, is amended to read:

Subd. 3.

Appointment of counsel.

(a) The child, parent, guardian or custodian has the
right to effective assistance of counsel in connection with a proceeding in juvenile court as
provided in this subdivision.

(b) Except in proceedings where the sole basis for the petition is habitual truancy, if the
child desires counsel but is unable to employ it, the court shall appoint counsel to represent
the child who is ten years of age or older under section 611.14, clause (4), or other counsel
at public expense.

(c) deleted text begin Except in proceedings where the sole basis for the petition is habitual truancy, if the
parent, guardian, or custodian desires counsel but is unable to employ it, the court shall
appoint counsel to represent the parent, guardian, or custodian in any case in which it feels
that such an appointment is appropriate if the person would be financially unable to obtain
counsel under the guidelines set forth in section 611.17. deleted text end new text begin In all juvenile protection proceedings
where a child risks removal from the care of the child's parent, guardian, or custodian,
including a child in need of protection or services petition, an action pursuing removal of
a child from the child's home, a termination of parental rights petition, or a petition for any
other permanency disposition under section 260C.515, if the parent, guardian, or custodian
desires counsel and is eligible for counsel under section 611.17, the court shall appoint
counsel to represent each parent, guardian, or custodian at the first hearing on the petition
and at all stages of the proceedings. new text end Court appointed counsel shall be at county expense as
outlined in paragraph (h).

(d) In any proceeding where the subject of a petition for a child in need of protection or
services is ten years of age or older, the responsible social services agency shall, within 14
days after filing the petition or at the emergency removal hearing under section 260C.178,
subdivision 1, if the child is present, fully and effectively inform the child of the child's
right to be represented by appointed counsel upon request and shall notify the court as to
whether the child desired counsel. Information provided to the child shall include, at a
minimum, the fact that counsel will be provided without charge to the child, that the child's
communications with counsel are confidential, and that the child has the right to participate
in all proceedings on a petition, including the opportunity to personally attend all hearings.
The responsible social services agency shall also, within 14 days of the child's tenth birthday,
fully and effectively inform the child of the child's right to be represented by counsel if the
child reaches the age of ten years while the child is the subject of a petition for a child in
need of protection or services or is a child under the guardianship of the commissioner.

(e) In any proceeding where the sole basis for the petition is habitual truancy, the child,
parent, guardian, and custodian do not have the right to appointment of a public defender
or other counsel at public expense. However, before any out-of-home placement, including
foster care or inpatient treatment, can be ordered, the court must appoint a public defender
or other counsel at public expense in accordance with this subdivision.

(f) Counsel for the child shall not also act as the child's guardian ad litem.

(g) In any proceeding where the subject of a petition for a child in need of protection or
services is not represented by an attorney, the court shall determine the child's preferences
regarding the proceedings, including informing the child of the right to appointed counsel
and asking whether the child desires counsel, if the child is of suitable age to express a
preference.

(h) Court-appointed counsel for the parent, guardian, or custodian under this subdivision
is at county expense. If the county has contracted with counsel deleted text begin meeting qualifications under
paragraph (i) deleted text end , the court shall appoint the counsel retained by the county, unless a conflict
of interest exists. If a conflict exists, after consulting with the chief judge of the judicial
district or the judge's designee, the county shall contract with competent counsel to provide
the necessary representation. deleted text begin The court may appoint only one counsel at public expense for
deleted text end deleted text begin the first court hearing to represent the interests of the parents, guardians, and custodians,
unless, at any time during the proceedings upon petition of a party, the court determines
and makes written findings on the record that extraordinary circumstances exist that require
counsel to be appointed to represent a separate interest of other parents, guardians, or
custodians subject to the jurisdiction of the juvenile court.
deleted text end

deleted text begin (i) Counsel retained by the county under paragraph (h) must meet the qualifications
deleted text end deleted text begin established by the Judicial Council in at least one of the following: (1) has a minimum of
deleted text end deleted text begin two years' experience handling child protection cases; (2) has training in handling child
deleted text end deleted text begin protection cases from a course or courses approved by the Judicial Council; or (3) is
deleted text end deleted text begin supervised by an attorney who meets the minimum qualifications under clause (1) or (2).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, except the amendment
striking paragraph (i) is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 357.021, subdivision 1a, is amended to read:

Subd. 1a.

Transmittal of fees to commissioner of management and budget.

(a) Every
person, including the state of Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the court administrator of said court
the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of management and budget
for deposit in the state treasury and credit to the general fund. $30 of each fee collected in
a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner
of management and budget in the special revenue fund and is appropriated to the
commissioner of employment and economic development for the Minnesota Family
Resiliency Partnership under section 116L.96.

(b) In a county which has a screener-collector position, fees paid by a county pursuant
to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary paid for the screener-collector
position. The balance of the fees collected shall then be forwarded to the commissioner of
management and budget for deposit in the state treasury and credited to the general fund.
In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which
has a screener-collector position, the fees paid by a county shall be transmitted monthly to
the commissioner of management and budget for deposit in the state treasury and credited
to the general fund. A screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines and to review the incomes
of potential clients of the public defender, in order to verify eligibility for that service.

(c) No fee is required under this section from the public authority or the party the public
authority represents in an action for:

(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;

(2) civil commitment under chapter 253B;

(3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525;

(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery
of overpayments of public assistance;

(5) court relief under chapters 260, 260A, 260B, and 260C;

(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;

(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;

(8) restitution under section 611A.04; or

(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5.

(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.

new text begin (e) No fee is required under this section from any federally recognized Indian Tribe or
its representative in an action for:
new text end

new text begin (1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court or in a proceeding under section 484.702;
new text end

new text begin (2) civil commitment under chapter 253B;
new text end

new text begin (3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525; or
new text end

new text begin (4) court relief under chapters 260, 260A, 260B, 260C, and 260D.
new text end

Sec. 4.

Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:

Subd. 2b.

Counties.

(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. deleted text begin Each calendar
year, deleted text end new text begin On or before the first installment date provided in section 477A.015, paragraph (a), new text end
$500,000 of this appropriation shall be deleted text begin retained deleted text end new text begin transferred each year new text end by the commissioner
of revenue to deleted text begin make reimbursements to the commissioner of management and budget deleted text end new text begin the
Board of Public Defense new text end for deleted text begin payments made deleted text end new text begin the payment of service new text end under section 611.27.
deleted text begin The reimbursements shall be to defray the additional costs associated with court-ordered
counsel under section 611.27. deleted text end Any deleted text begin retained deleted text end new text begin transferred new text end amounts not deleted text begin used for reimbursement deleted text end new text begin
expended or encumbered new text end in a new text begin fiscal new text end year new text begin shall be certified by the Board of Public Defense
to the commissioner of revenue on or before October 1 and new text end shall be included in the next
deleted text begin distribution deleted text end new text begin certification new text end of county need aid deleted text begin that is certified to the county auditors for the
purpose of property tax reduction for the next taxes payable year deleted text end .

(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.

Sec. 5.

Minnesota Statutes 2020, section 484.85, is amended to read:

484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS;
RAMSEY COUNTY DISTRICT COURT.

(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a statute;
an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be deposited in the state treasury and
distributed according to this paragraph. Except where a different disposition is provided by
section 299D.03, subdivision 5, or other law, on or before the last day of each month, the
court shall pay over all fines, penalties, and forfeitures collected by the court administrator
during the previous month as follows:

deleted text begin (1) for offenses committed within the city of St. Paul, deleted text end two-thirds paid to the treasurer
of the deleted text begin city of St. Paul deleted text end new text begin municipality or subdivision of government within Ramsey County new text end
and one-third credited to the state general fund deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) for offenses committed within any other municipality or subdivision of government
within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of
government and one-half credited to the state general fund.
deleted text end

All other fines, penalties, and forfeitures collected by the district court shall be distributed
by the courts as provided by law.

(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a)
when:

(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or

(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2020, section 590.01, subdivision 4, is amended to read:

Subd. 4.

Time limit.

(a) No petition for postconviction relief may be filed more than
two years after the later of:

(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or

(2) an appellate court's disposition of petitioner's direct appeal.

(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief
if:

(1) the petitioner establishes that a physical disability or mental disease precluded a
timely assertion of the claim;

(2) the petitioner alleges the existence of newly discovered evidence, including scientific
evidence, that could not have been ascertained by the exercise of due diligence by the
petitioner or petitioner's attorney within the two-year time period for filing a postconviction
petition, and the evidence is not cumulative to evidence presented at trial, is not for
impeachment purposes, and establishes by a clear and convincing standard that the petitioner
is innocent of the offense or offenses for which the petitioner was convicted;

(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory
law by either the United States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively applicable to the petitioner's
case;

(4) the petition is brought pursuant to subdivision 3; deleted text begin or
deleted text end

(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous
and is in the interests of justice deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) the petitioner is either placed into immigration removal proceedings, or detained for
the purpose of removal from the United States, or received notice to report for removal, as
a result of a conviction that was obtained by relying on incorrect advice or absent advice
from counsel on immigration consequences.
new text end

(c) Any petition invoking an exception provided in paragraph (b) must be filed within
two years of the date the claim arises.

Sec. 7.

Minnesota Statutes 2020, section 611.21, is amended to read:

611.21 SERVICES OTHER THAN COUNSEL.

(a) Counsel appointed by the court for an indigent defendant, or representing a defendant
who, at the outset of the prosecution, has an annual income not greater than 125 percent of
the poverty line established under United States Code, title 42, section 9902(2), may file
an ex parte application requesting investigative, expert, new text begin interpreter, new text end or other services necessary
to an adequate defense in the case. Upon finding, after appropriate inquiry in an ex parte
proceeding, that the services are necessary and that the defendant is financially unable to
obtain them, the court shall authorize counsel to obtain the services on behalf of the
defendant. The court may establish a limit on the amount which may be expended or promised
for such services. The court may, in the interests of justice, and upon a finding that timely
procurement of necessary services could not await prior authorization, ratify such services
after they have been obtained, but such ratification shall be given only in unusual situations.
The court shall determine reasonable compensation for the services and direct payment by
the county in which the prosecution originated, to the organization or person who rendered
them, upon the filing of a claim for compensation supported by an affidavit specifying the
time expended, services rendered, and expenses incurred on behalf of the defendant, and
the compensation received in the same case or for the same services from any other source.

(b) The compensation to be paid to a person for such service rendered to a defendant
under this section, or to be paid to an organization for such services rendered by an employee,
may not exceed $1,000, exclusive of reimbursement for expenses reasonably incurred,
unless payment in excess of that limit is certified by the court as necessary to provide fair
compensation for services of an unusual character or duration and the amount of the excess
payment is approved by the chief judge of the district. The chief judge of the judicial district
may delegate approval authority to an active district judge.

(c) If the court denies authorizing counsel to obtain services on behalf of the defendant,
the court shall make written findings of fact and conclusions of law that state the basis for
determining that counsel may not obtain services on behalf of the defendant. When the court
issues an order denying counsel the authority to obtain services, the defendant may appeal
immediately from that order to the court of appeals and may request an expedited hearing.

Sec. 8.

Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:

Subd. 9.

Request for other appointment of counsel.

The chief district public defender
deleted text begin with the approval of deleted text end new text begin may request that new text end the state public defender deleted text begin may request that the chief
judge of the district court, or a district court judge designated by the chief judge, deleted text end authorize
appointment of counsel other than the district public defender in such cases.

Sec. 9.

Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:

Subd. 10.

Addition of permanent staff.

The chief public defender may not request deleted text begin the
court deleted text end nor may the deleted text begin court order deleted text end new text begin state public defender approve new text end the addition of permanent staff
under subdivision 7.

Sec. 10.

Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:

Subd. 11.

Appointment of counsel.

If the deleted text begin court deleted text end new text begin state public defender new text end finds that the
provision of adequate legal representation, including associated services, is beyond the
ability of the district public defender to provide, the deleted text begin court shall order deleted text end new text begin state public defender
may approve new text end counsel to be appointed, with compensation and expenses to be paid under
the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed
by the chief district public defender. deleted text begin If the court issues an order denying the request, the
court shall make written findings of fact and conclusions of law. Upon denial, the chief
district public defender may immediately appeal the order denying the request to the court
of appeals and may request an expedited hearing.
deleted text end

Sec. 11.

Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:

Subd. 13.

Correctional facility inmates.

All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded deleted text begin on a monthly basis deleted text end to the state public defender. In cases where adequate
representation cannot be provided by the district public defender and where counsel has
been deleted text begin appointed under a court order deleted text end new text begin approved by the state public defender new text end , the deleted text begin state public
defender deleted text end new text begin Board of Public Defense new text end shall deleted text begin forward to the commissioner of management and
budget deleted text end new text begin pay new text end all deleted text begin billings for deleted text end services deleted text begin rendered under the court order. The commissioner shall
pay for services deleted text end from county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).

The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public Defense. In such cases
the state public defender may follow the procedures outlined in this section for obtaining
court-ordered counsel.

Sec. 12.

Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:

Subd. 15.

Costs of transcripts.

In appeal cases and postconviction cases where the
appellate public defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the transcript funds in its
annual budget, the deleted text begin state public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shall deleted text end new text begin
Board of Public Defense may new text end pay for these transcripts and other necessary expenses from
county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).

ARTICLE 3

VICTIMS; CRIMINAL DEFENDANTS

Section 1.

Minnesota Statutes 2020, section 5B.02, is amended to read:

5B.02 DEFINITIONS.

(a) For purposes of this chapter and unless the context clearly requires otherwise, the
definitions in this section have the meanings given them.

(b) "Address" means an individual's work address, school address, or residential street
address, as specified on the individual's application to be a program participant under this
chapter.

(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible
minor, or a guardian acting on behalf of an incapacitated person, as defined in section
524.5-102.

(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2,
paragraph (a), and includes a threat of such acts committed against an individual in a domestic
situation, regardless of whether these acts or threats have been reported to law enforcement
officers.

(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in
section 524.5-102 for whom there is good reason to believe (1) that the eligible person is a
victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible
person fears for the person's safety, the safety of another person who resides in the same
household, or the safety of persons on whose behalf the application is made. An individual
must reside in Minnesota in order to be an eligible person. A person registered or required
to register as a predatory offender under section 243.166 or 243.167, or the law of another
jurisdiction, is not an eligible person.

(f) "Mail" means first class letters and flats delivered via the United States Postal Service,
including priority, express, and certified mail, and excluding deleted text begin packages, parcels, deleted text end new text begin (1) new text end
periodicals deleted text begin , deleted text end and catalogues, new text begin and (2) packages and parcels new text end unless they are clearly identifiable
as new text begin nonrefrigerated new text end pharmaceuticals or clearly indicate that they are sent by new text begin the federal
government or new text end a state or county government agency new text begin of the continental United States, Hawaii,
District of Columbia, or United States territories new text end .

(g) "Program participant" means an individual certified as a program participant under
section 5B.03.

(h) "Harassment" or "stalking" means acts criminalized under section 609.749 and
includes a threat of such acts committed against an individual, regardless of whether these
acts or threats have been reported to law enforcement officers.

Sec. 2.

Minnesota Statutes 2020, section 5B.05, is amended to read:

5B.05 USE OF DESIGNATED ADDRESS.

(a) When a program participant presents the address designated by the secretary of state
to any person new text begin or entity new text end , that address must be accepted as the address of the program
participant. The person may not require the program participant to submit any address that
could be used to physically locate the participant either as a substitute or in addition to the
designated address, or as a condition of receiving a service or benefit, unless the service or
benefit would be impossible to provide without knowledge of the program participant's
physical location. Notwithstanding a person's or entity's knowledge of a program participant's
physical location, the person or entity must use the program participant's designated address
for all mail correspondence with the program participant.

(b) A program participant may use the address designated by the secretary of state as
the program participant's work address.

(c) The Office of the Secretary of State shall forward all mail sent to the designated
address to the proper program participants.

(d) If a program participant has notified a person in writing, on a form prescribed by the
program, that the individual is a program participant and of the requirements of this section,
the person must not knowingly disclose the program participant's name, home address, work
address, or school address, unless the person to whom the address is disclosed also lives,
works, or goes to school at the address disclosed, or the participant has provided written
consent to disclosure of the participant's name, home address, work address, or school
address for the purpose for which the disclosure will be made. This paragraph applies to
the actions and reports of guardians ad litem, except that guardians ad litem may disclose
the program participant's name. This paragraph does not apply to records of the judicial
branch governed by rules adopted by the supreme court or government entities governed
by section 13.045.

Sec. 3.

Minnesota Statutes 2020, section 5B.10, subdivision 1, is amended to read:

Subdivision 1.

Display by landlord.

If a program participant has notified the program
participant's landlord in writing that the individual is a program participant and of the
requirements of this section, a local ordinance deleted text begin or the landlord deleted text end must not require the display
of new text begin , and the landlord shall not display, new text end the program participant's name at an address otherwise
protected under this chapter.

Sec. 4.

Minnesota Statutes 2020, section 169.99, subdivision 1c, is amended to read:

Subd. 1c.

Notice of surcharge.

All parts of the uniform traffic ticket must deleted text begin give deleted text end new text begin provide
new text end conspicuous notice deleted text begin of the fact deleted text end that, if convicted, the person to whom it was issued deleted text begin must deleted text end new text begin may
be required to new text end pay a state-imposed surcharge under section 357.021, subdivision 6, and the
current amount of the required surcharge.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end

Sec. 5.

Minnesota Statutes 2020, section 169.99, is amended by adding a subdivision to
read:

new text begin Subd. 1d. new text end

new text begin Financial hardship. new text end

new text begin The first paragraph on the reverse side of the summons
on the uniform traffic ticket must include the following, or substantially similar, language:
"All or part of the cost of this summons may be waived on a showing of indigency or undue
hardship on you or your family. You may schedule a court appearance to request a waiver
based on your ability to pay by calling the Minnesota Court Payment Center (CPC) [followed
by the Court Payment Center telephone number]. For more information, call the CPC or
visit www.mncourts.gov/fines."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end

Sec. 6.

Minnesota Statutes 2020, section 357.021, subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided in this
deleted text begin paragraph deleted text end new text begin subdivision new text end , the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.

deleted text begin (b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and correct
the record.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The court may deleted text begin not deleted text end new text begin reduce the amount or new text end waive payment of the surcharge required
under this subdivision deleted text begin . Upon deleted text end new text begin on new text end a showing of indigency or undue hardship upon the convicted
person or the convicted person's immediate family deleted text begin , the sentencing court may authorize
payment of the surcharge in installments deleted text end . new text begin Additionally, the court may permit the defendant
to perform community work service in lieu of a surcharge.
new text end

deleted text begin (d) deleted text end new text begin (c) new text end The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.

deleted text begin (e) deleted text end new text begin (d) new text end If the convicted person is sentenced to imprisonment and has not paid the surcharge
before the term of imprisonment begins, the chief executive officer of the correctional
facility in which the convicted person is incarcerated shall collect the surcharge from any
earnings the inmate accrues from work performed in the facility or while on conditional
release. The chief executive officer shall forward the amount collected to the court
administrator or other entity collecting the surcharge imposed by the court.

deleted text begin (f) deleted text end new text begin (e) new text end A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph shall
be imposed only once per case.

deleted text begin (g) deleted text end new text begin (f) new text end The surcharge does not apply to administrative citations issued pursuant to section
169.999.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 7.

Minnesota Statutes 2020, section 609.101, subdivision 5, is amended to read:

Subd. 5.

Waiver prohibited; reduction and installment payments.

(a) The court may
not waive payment of the minimum fine required by this section.

(b) If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the fine would
create undue hardship for the convicted person or that person's immediate family, the court
may reduce the amount of the minimum fine to not less than $50. Additionally, the court
may permit the defendant to perform community work service in lieu of a fine.

(c) The court also may authorize payment of the fine in installments.

new text begin (d) Before sentencing a person convicted of a felony, gross misdemeanor, misdemeanor,
or petty misdemeanor to pay money for a fine, fee, or surcharge, the court shall make a
finding on the record as to indigency or the convicted person's ability to comply with an
order to pay without undue hardship for the convicted person or that person's immediate
family. In determining indigency or whether the defendant is able to comply with an order
to pay a fine, fee, or surcharge without undue hardship to the convicted person or that
person's immediate family, the court shall consider:
new text end

new text begin (1) income;
new text end

new text begin (2) dependents;
new text end

new text begin (3) financial resources, including assets and liabilities;
new text end

new text begin (4) basic living expenses;
new text end

new text begin (5) receipt of means-tested public assistance program; and
new text end

new text begin (6) any special circumstances that may bear on the person's ability to pay.
new text end

new text begin (e) Paragraph (d) shall not apply when a conviction for a violation that is included on
the uniform fine schedule authorized under section 609.101, subdivision 4, is entered without
a hearing before the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 8.

new text begin [611A.95] CERTIFICATIONS FOR VICTIMS OF CRIMES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "certifying entity" means a state or local law enforcement agency;
new text end

new text begin (2) "criminal activity" means qualifying criminal activity pursuant to section
101(a)(15)(U)(iii) of the Immigration and Nationality Act, and includes the attempt,
conspiracy, or solicitation to commit such crimes; and
new text end

new text begin (3) "certification" means any certification or statement required by federal immigration
law including, but not limited to, the information required by United States Code, title 8,
section 1184(p), and United States Code, title 8, section 1184(o), including current United
States Citizenship and Immigration Services Form I-918, Supplement B, and United States
Citizenship and Immigration Services Form I-914, Supplement B, and any successor forms.
new text end

new text begin Subd. 2. new text end

new text begin Certification process. new text end

new text begin (a) A certifying entity shall process a certification
requested by a victim of criminal activity or a representative of the victim, including but
not limited to the victim's attorney, family member, or domestic violence or sexual assault
violence advocate, within the time period prescribed in paragraph (b).
new text end

new text begin (b) A certifying entity shall process the certification within 90 days of request, unless
the victim is in removal proceedings, in which case the certification shall be processed
within 14 days of request. Requests for expedited certification must be affirmatively raised
at the time of the request.
new text end

new text begin (c) An active investigation, the filing of charges, or a prosecution or conviction are not
required for the victim of criminal activity to request and obtain the certification.
new text end

new text begin Subd. 3. new text end

new text begin Certifying entity; designate agent. new text end

new text begin (a) The head of a certifying entity shall
designate an agent to perform the following responsibilities:
new text end

new text begin (1) timely process requests for certification;
new text end

new text begin (2) provide outreach to victims of criminal activity to inform them of the entity's
certification process; and
new text end

new text begin (3) keep a written or electronic record of all certification requests and responses.
new text end

new text begin (b) All certifying entities shall implement a language access protocol for
non-English-speaking victims of criminal activity.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure prohibited; data classification. new text end

new text begin (a) A certifying entity is prohibited
from disclosing the immigration status of a victim of criminal activity or representative
requesting the certification, except to comply with federal law or legal process, or if
authorized by the victim of criminal activity or representative requesting the certification.
new text end

new text begin (b) Data provided to a certifying entity under this section is classified as private data
pursuant to section 13.02, subdivision 12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1, 2, and 4 are effective the day following final
enactment. Subdivision 3 is effective July 1, 2021.
new text end

Sec. 9.

new text begin [634.045] JAILHOUSE WITNESSES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Benefit" means any plea bargain, bail consideration, reduction or modification of
sentence, or any other leniency, immunity, financial payment, reward, or amelioration of
current or future conditions of incarceration offered or provided in connection with, or in
exchange for, testimony that is offered or provided by a jailhouse witness.
new text end

new text begin (c) "Jailhouse witness" means a person who (1) while incarcerated, claims to have
obtained information from a defendant in a criminal case or a person suspected to be the
perpetrator of an offense, and (2) offers or provides testimony concerning statements made
by that defendant or person suspected to be the perpetrator of an offense. It does not mean
a codefendant or confidential informant who does not provide testimony against a suspect
or defendant.
new text end

new text begin Subd. 2. new text end

new text begin Use of and benefits provided to jailhouse witnesses; data collection. new text end

new text begin (a)
Each county attorney shall report to the attorney general, in a form determined by the attorney
general:
new text end

new text begin (1) the name of the jailhouse witness and the district court file number of the case in
which that witness testified or planned to testify;
new text end

new text begin (2) the substance and use of any testimony of a jailhouse witness against the interest of
a suspect or defendant, regardless of whether such testimony is presented at trial; and
new text end

new text begin (3) the jailhouse witness's agreement to cooperate with the prosecution and any benefit
that the prosecutor has offered or may offer in the future to the jailhouse witness in connection
with the testimony.
new text end

new text begin (b) The attorney general shall maintain a statewide database containing the information
received pursuant to paragraph (a) for 20 years from the date that the jailhouse witness
information was entered into that statewide record.
new text end

new text begin (c) Data collected and maintained pursuant to this subdivision are classified as confidential
data on individuals, as defined in section 13.02, subdivision 3. Only the attorney general
may access the statewide record but shall provide all information held on specific jailhouse
witnesses to a county attorney upon request.
new text end

new text begin Subd. 3. new text end

new text begin Report on jailhouse witnesses. new text end

new text begin By September 15 of each year, beginning in
2022, the attorney general shall publish on its website an annual report of the statewide
record of jailhouse witnesses required under subdivision 2. Information in the report must
be limited to summary data, as defined in section 13.02, subdivision 19, and must include:
new text end

new text begin (1) the total number of jailhouse witnesses tracked in the statewide record; and
new text end

new text begin (2) for each county, the number of new reports added pursuant to subdivision 2, paragraph
(a), over the previous fiscal year.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure of information regarding jailhouse witness. new text end

new text begin (a) In addition to the
requirements for disclosures under rule 9 of the Rules of Criminal Procedure, and within
the timeframes established by that rule, a prosecutor must disclose the following information
to the defense about any jailhouse witness:
new text end

new text begin (1) the complete criminal history of the jailhouse witness, including any charges that
are pending or were reduced or dismissed as part of a plea bargain;
new text end

new text begin (2) any cooperation agreement with the jailhouse witness and any deal, promise,
inducement, or benefit that the state has made or intends to make in the future to the jailhouse
witness;
new text end

new text begin (3) whether, at any time, the jailhouse witness recanted any testimony or statement
implicating the suspect or defendant in the charged crime and, if so, the time and place of
the recantation, the nature of the recantation, and the names of the persons who were present
at the recantation;
new text end

new text begin (4) whether, at any time, the jailhouse witness made a statement implicating any other
person in the charged crime and, if so, the time and place of the statement, the nature of the
statement, and the names of the persons who were present at the statement; and
new text end

new text begin (5) information concerning other criminal cases in which the jailhouse witness has
testified, or offered to testify, against a suspect or defendant with whom the jailhouse witness
was imprisoned or confined, including any cooperation agreement, deal, promise, inducement,
or benefit that the state has made or intends to make in the future to the jailhouse witness.
new text end

new text begin (b) A prosecutor has a continuing duty of disclosure before and during trial. If, after the
omnibus hearing held pursuant to rule 11 of the Rules of Criminal Procedure, a prosecutor
discovers additional material, information, or witnesses subject to disclosure under this
subdivision, the prosecutor must promptly notify the court and defense counsel, or, if the
defendant is not represented, the defendant, of what was discovered. If the court finds that
the jailhouse witness was not known or that materials in paragraph (a) could not be discovered
or obtained by the state within that period with the exercise of due diligence, the court may
order that disclosure take place within a reasonable period. Upon good cause shown, the
court may continue the proceedings.
new text end

new text begin (c) If the prosecutor files a written certificate with the trial court that disclosing the
information described in paragraph (a) would subject the jailhouse witness or other persons
to physical harm or coercion, the court may order that the information must be disclosed to
the defendant's counsel but may limit disclosure to the defendant in a way that does not
unduly interfere with the defendant's right to prepare and present a defense, including limiting
disclosure to nonidentifying information.
new text end

new text begin Subd. 5. new text end

new text begin Victim notification. new text end

new text begin (a) A prosecutor shall make every reasonable effort to
notify a victim if the prosecutor has decided to offer or provide any of the following to a
jailhouse witness in exchange for, or as the result of, a jailhouse witness offering or providing
testimony against a suspect or defendant:
new text end

new text begin (1) reduction or dismissal of charges;
new text end

new text begin (2) a plea bargain;
new text end

new text begin (3) support for a modification of the amount or conditions of bail; or
new text end

new text begin (4) support for a motion to reduce or modify a sentence.
new text end

new text begin (b) Efforts to notify the victim should include, in order of priority: (1) contacting the
victim or a person designated by the victim by telephone; and (2) contacting the victim by
mail. If a jailhouse witness is still in custody, the notification attempt shall be made before
the jailhouse witness is released from custody.
new text end

new text begin (c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct,
or harassment or stalking under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without paying
a fee.
new text end

new text begin (d) The notification required under this subdivision is in addition to the notification
requirements and rights described in sections 611A.03, 611A.0315, 611A.039, and 611A.06.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

ARTICLE 4

HUMAN RIGHTS LAW

Section 1.

Minnesota Statutes 2020, section 13.552, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Certificate of compliance for public contracts. new text end

new text begin Access to data relating to
certificates of compliance for public contracts is governed by section 363A.36.
new text end

Sec. 2.

new text begin [62A.082] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
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 unless the context clearly requires otherwise.
new text end

new text begin (b) "Disability" has the meaning given in section 363A.03, subdivision 12.
new text end

new text begin (c) "Enrollee" means a natural person covered by a health plan or group health plan and
includes an insured, policy holder, subscriber, covered person, member, contract holder, or
certificate holder.
new text end

new text begin (d) "Organ transplant" means the transplantation or transfusion of a part of a human
body into the body of another for the purpose of treating or curing a medical condition.
new text end

new text begin Subd. 2. new text end

new text begin Transplant discrimination prohibited. new text end

new text begin A health plan or group health plan
that provides coverage for anatomical gifts, organ transplants, or related treatment and
services shall not:
new text end

new text begin (1) deny coverage to an enrollee based on the enrollee's disability;
new text end

new text begin (2) deny eligibility, or continued eligibility, to enroll or to renew coverage under the
terms of the health plan or group health plan solely for the purpose of avoiding the
requirements of this section;
new text end

new text begin (3) penalize or otherwise reduce or limit the reimbursement of a health care provider,
or provide monetary or nonmonetary incentives to a health care provider, to induce the
provider to provide care to a patient in a manner inconsistent with this section; or
new text end

new text begin (4) reduce or limit an enrollee's coverage benefits because of the enrollee's disability for
medical services and other services related to organ transplantation performed pursuant to
this section as determined in consultation with the enrollee's treating health care provider
and the enrollee.
new text end

new text begin Subd. 3. new text end

new text begin Collective bargaining. new text end

new text begin In the case of a group health plan maintained pursuant
to one or more collective bargaining agreements between employee representatives and one
or more employers, any plan amendment made pursuant to a collective bargaining agreement
relating to the plan which amends the plan solely to conform to any requirement imposed
pursuant to this section shall not be treated as a termination of the collective bargaining
agreement.
new text end

new text begin Subd. 4. new text end

new text begin Coverage limitation. new text end

new text begin Nothing in this section shall be deemed to require a health
plan or group health plan to provide coverage for a medically inappropriate organ transplant.
new text end

Sec. 3.

Minnesota Statutes 2020, section 363A.02, subdivision 1, is amended to read:

Subdivision 1.

Freedom from discrimination.

(a) It is the public policy of this state to
secure for persons in this state, freedom from discrimination:

(1) in employment because of race, color, creed, religion, national origin, sex, marital
status, disability, status with regard to public assistance, sexual orientation, new text begin familial status, new text end
and age;

(2) in housing and real property because of race, color, creed, religion, national origin,
sex, marital status, disability, status with regard to public assistance, sexual orientation, and
familial status;

(3) in public accommodations because of race, color, creed, religion, national origin,
sex, sexual orientation, and disability;

(4) in public services because of race, color, creed, religion, national origin, sex, marital
status, disability, sexual orientation, and status with regard to public assistance; and

(5) in education because of race, color, creed, religion, national origin, sex, marital status,
disability, status with regard to public assistance, sexual orientation, and age.

(b) Such discrimination threatens the rights and privileges of the inhabitants of this state
and menaces the institutions and foundations of democracy. It is also the public policy of
this state to protect all persons from wholly unfounded charges of discrimination. Nothing
in this chapter shall be interpreted as restricting the implementation of positive action
programs to combat discrimination.

Sec. 4.

Minnesota Statutes 2020, section 363A.06, subdivision 1, is amended to read:

Subdivision 1.

Formulation of policies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (20) collaborate and consult with the Board of Peace Officer Standards and Training
regarding the training of peace officers in identifying, responding to, and reporting crimes
motivated by bias pursuant to sections 626.8451, subdivision 1, and 626.8469, including
but not limited to the duty of peace officers to report crimes motivated by bias under section
626.5531; and
new text end

new text begin (21) solicit, receive, and compile reports from community organizations, school districts
and charter schools, and individuals regarding crimes a community member or community
organization believes are motivated by the victim's or another's actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, marital status, status with regard to public assistance, familial status,
or disability as defined in section 363A.03, or because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03, and develop data on the nature and extent
of crimes motivated by bias and include this information in the report required under clause
(12). The commissioner shall provide information on the department's website about when
and how a victim reports criminal conduct to a law enforcement agency.
new text end

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

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

Sec. 5.

Minnesota Statutes 2020, section 363A.08, subdivision 6, is amended to read:

Subd. 6.

Reasonable accommodation.

(a) Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employer with a number of part-time
or full-time employees for each working day in each of 20 or more calendar weeks in the
current or preceding calendar year equal to or greater than 25 effective July 1, 1992, and
equal to or greater than 15 effective July 1, 1994, an employment agency, or a labor
organization, not to deleted text begin make deleted text end new text begin provide a new text end reasonable accommodation deleted text begin to the known disability of
a qualified disabled person or job applicant deleted text end new text begin for a job applicant or qualified employee with
a disability new text end unless the employer, agency, or organization can demonstrate that the
accommodation would impose an undue hardship on the business, agency, or organization.
"Reasonable accommodation" means steps which must be taken to accommodate the known
physical or mental limitations of a qualified deleted text begin disabled person deleted text end new text begin individual with a disability new text end .
new text begin To determine the appropriate reasonable accommodation the employer, agency, or
organization shall initiate an informal, interactive process with the individual with a disability
in need of the accommodation. This process should identify the limitations resulting from
the disability and any potential reasonable accommodations that could overcome those
limitations. new text end "Reasonable accommodation" may include but is not limited to, nor does it
necessarily require: (1) making facilities readily accessible to and usable by deleted text begin disabled persons deleted text end new text begin
individuals with disabilities new text end ; and (2) job restructuring, modified work schedules, reassignment
to a vacant position, acquisition or modification of equipment or devices, and the provision
of aides on a temporary or periodic basis.

(b) In determining whether an accommodation would impose an undue hardship on the
operation of a business or organization, factors to be considered include:

(1) the overall size of the business or organization with respect to number of employees
or members and the number and type of facilities;

(2) the type of the operation, including the composition and structure of the work force,
and the number of employees at the location where the employment would occur;

(3) the nature and cost of the needed accommodation;

(4) the reasonable ability to finance the accommodation at each site of business; and

(5) documented good faith efforts to explore less restrictive or less expensive alternatives,
including consultation with the disabled person or with knowledgeable disabled persons or
organizations.

A prospective employer need not pay for an accommodation for a job applicant if it is
available from an alternative source without cost to the employer or applicant.

Sec. 6.

Minnesota Statutes 2020, section 363A.08, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Inquiries into pay history prohibited. new text end

new text begin (a) "Pay history" as used in this
subdivision means any prior or current wage, salary, earnings, benefits, or any other
compensation about an applicant for employment.
new text end

new text begin (b) An employer, employment agency, or labor organization shall not inquire into,
consider, or require disclosure from any source the pay history of an applicant for
employment for the purpose of determining wages, salary, earnings, benefits, or other
compensation for that applicant. There is a rebuttable presumption that use of pay history
received on an applicant for employment to determine the future wages, salary, earnings,
benefits, or other compensation for that applicant is an unfair discriminatory employment
practice under subdivisions 1 to 3. The general prohibition against inquiring into the pay
history of an applicant does not apply if the job applicant's pay history is a matter of public
record under federal or state law, unless the employer, employment agency, or labor
organization sought access to those public records with the intent of obtaining pay history
of the applicant for the purpose of determining wages, salary, earnings, benefits, or other
compensation for that applicant.
new text end

new text begin (c) Nothing in this subdivision shall prevent an applicant for employment from voluntarily
and without prompting disclosing pay history for the purposes of negotiating wages, salary,
benefits, or other compensation. If an applicant for employment voluntarily and without
prompting discloses pay history to a prospective employer, employment agency, or labor
organization, nothing in this subdivision shall prohibit that employer, employment agency,
or labor organization from considering or acting on that voluntarily disclosed salary history
information to support a wage or salary higher than initially offered by the employer,
employment agency, or labor organization.
new text end

new text begin (d) Nothing in this subdivision limits, prohibits, or prevents a person from bringing a
charge, grievance, or any other cause of action alleging wage discrimination because of
race, color, creed, religion, national origin, sex, gender identity, marital status, status with
regard to public assistance, familial status, membership or activity in a local commission,
disability, sexual orientation, or age, as otherwise provided in this chapter.
new text end

new text begin (e) Nothing in this subdivision shall be construed to prevent an employer from:
new text end

new text begin (1) providing information about the wages, benefits, compensation, or salary offered in
relation to a position; or
new text end

new text begin (2) inquiring about or otherwise engaging in discussions with an applicant about the
applicant's expectations or requests with respect to wages, salary, benefits, or other
compensation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022. For employment covered
by collective bargaining agreements, this section is not effective until the date of
implementation of the applicable collective bargaining agreement that is after January 1,
2022.
new text end

Sec. 7.

Minnesota Statutes 2020, section 363A.09, subdivision 1, is amended to read:

Subdivision 1.

Real property interest; action by owner, lessee, and others.

It is an
unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent
of, or other person having the right to sell, rent or lease any real property, or any agent of
any of these:

(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or
group of persons any real property because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, new text begin participation in or requirements
of a public assistance program, new text end disability, sexual orientation, or familial status; or

(2) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, new text begin
participation in or requirements of a public assistance program, new text end disability, sexual orientation,
or familial status in the terms, conditions or privileges of the sale, rental or lease of any real
property or in the furnishing of facilities or services in connection therewith, except that
nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended
to protect the safety of minors in their use of the real property or any facilities or services
furnished in connection therewith; or

(3) in any transaction involving real property, to print, circulate or post or cause to be
printed, circulated, or posted any advertisement or sign, or use any form of application for
the purchase, rental or lease of real property, or make any record or inquiry in connection
with the prospective purchase, rental, or lease of real property which expresses, directly or
indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, new text begin participation in
or requirements of a public assistance program, new text end disability, sexual orientation, or familial
status, or any intent to make any such limitation, specification, or discrimination except that
nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as
available to adults-only if the person placing the advertisement reasonably believes that the
provisions of this section prohibiting discrimination because of familial status do not apply
to the dwelling unit.

Sec. 8.

Minnesota Statutes 2020, section 363A.09, subdivision 2, is amended to read:

Subd. 2.

Real property interest; action by brokers, agents, and others.

new text begin (a) new text end It is an
unfair discriminatory practice for a real estate broker, real estate salesperson, or employee,
or agent thereof:

(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property
to any person or group of persons or to negotiate for the sale, rental, or lease of any real
property to any person or group of persons because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, new text begin participation in or
requirements of a public assistance program, new text end disability, sexual orientation, or familial status
or represent that real property is not available for inspection, sale, rental, or lease when in
fact it is so available, or otherwise deny or withhold any real property or any facilities of
real property to or from any person or group of persons because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, new text begin participation in
or requirements of a public assistance program, new text end disability, sexual orientation, or familial
status; or

(2) to discriminate against any person because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, new text begin participation in or
requirements of a public assistance program, new text end disability, sexual orientation, or familial status
in the terms, conditions or privileges of the sale, rental or lease of real property or in the
furnishing of facilities or services in connection therewith; or

(3) to print, circulate, or post or cause to be printed, circulated, or posted any
advertisement or sign, or use any form of application for the purchase, rental, or lease of
any real property or make any record or inquiry in connection with the prospective purchase,
rental or lease of any real property, which expresses directly or indirectly, any limitation,
specification or discrimination as to race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, new text begin participation in or requirements of a public
assistance program, new text end disability, sexual orientation, or familial status or any intent to make
any such limitation, specification, or discrimination except that nothing in this clause shall
be construed to prohibit the advertisement of a dwelling unit as available to adults-only if
the person placing the advertisement reasonably believes that the provisions of this section
prohibiting discrimination because of familial status do not apply to the dwelling unit.

new text begin (b) It is an unfair discriminatory practice for a landlord to furnish credit, services, or
rental accommodations that discriminate against any individual who is a recipient of federal,
state, or local public assistance, including medical assistance, or who is a tenant receiving
federal, state, or local housing subsidies, including rental assistance or rental supplements,
because the individual is such a recipient, or because of any requirement of such public
assistance, rental assistance, or housing subsidy program.
new text end

Sec. 9.

Minnesota Statutes 2020, section 363A.09, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Definition; public assistance program. new text end

new text begin For the purposes of this section,
"public assistance program" means federal, state, or local assistance, including but not
limited to rental assistance, rent supplements, and housing choice vouchers.
new text end

Sec. 10.

Minnesota Statutes 2020, section 363A.28, subdivision 1, is amended to read:

Subdivision 1.

Actions.

Any person aggrieved by a violation of this chapter may bring
a civil action as provided in section 363A.33, subdivision 1, or may file a verified charge
with the commissioner or the commissioner's designated agent. A charge filed with the
commissioner must be in writing new text begin by hand, or electronically with an unsworn declaration
under penalty of perjury, new text end on a form provided by the commissioner and signed by the charging
party. The charge must state the name of the person alleged to have committed an unfair
discriminatory practice and set out a summary of the details of the practice complained of.
The commissioner may require a charging party to provide the address of the person alleged
to have committed the unfair discriminatory practice, names of witnesses, documents, and
any other information necessary to process the charge. The commissioner may dismiss a
charge when the charging party fails to provide required information. The commissioner
within ten days of the filing shall serve a copy of the charge and a form for use in responding
to the charge upon the respondent personally new text begin , electronically with the receiving party's
consent, new text end or by mail. The respondent shall file with the department a written response setting
out a summary of the details of the respondent's position relative to the charge within deleted text begin 20 deleted text end new text begin
30 new text end days of receipt of the charge. If the respondent fails to respond with a written summary
of the details of the respondent's position within 30 days after service of the charge, and
service was consistent with rule 4 of the Rules of Civil Procedure, the commissioner, on
behalf of the complaining party, may bring an action for default in district court pursuant
to rule 55.01 of the Rules of Civil Procedure.

Sec. 11.

Minnesota Statutes 2020, section 363A.28, subdivision 6, is amended to read:

Subd. 6.

Charge processing.

(a) Consistent with paragraph (h), the commissioner shall
promptly inquire into the truth of the allegations of the charge. The commissioner shall
make an immediate inquiry when a charge alleges actual or threatened physical violence.
The commissioner shall also make an deleted text begin immediate deleted text end inquiry when it appears that a charge is
frivolous or without merit and shall dismiss those charges.

(b) The commissioner shall give priority to investigating and processing those charges,
in the order below, which the commissioner determines have the following characteristics:

(1) there is evidence of irreparable harm if immediate action is not taken;

(2) there is evidence that the respondent has intentionally engaged in a reprisal;

(3) a significant number of recent charges have been filed against the respondent;

(4) the respondent is a government entity;

(5) there is potential for broadly promoting the policies of this chapter; or

(6) the charge is supported by substantial and credible documentation, witnesses, or
other evidence.

The commissioner shall inform charging parties of these priorities and shall tell each
party if their charge is a priority case or not.

On other charges the commissioner shall make a determination within 12 months after
the charge was filed as to whether or not there is probable cause to credit the allegation of
unfair discriminatory practices.

(c) If the commissioner determines after investigation that no probable cause exists to
credit the allegations of the unfair discriminatory practice, the commissioner shall, within
ten days of the determination, serve upon the charging party and respondent written notice
of the determination. Within deleted text begin ten deleted text end new text begin 30 new text end days after receipt of notice, the charging party may
request in writing, on forms prepared by the department, that the commissioner reconsider
the determination. The request shall contain a brief statement of the reasons for and new
evidence in support of the request for reconsideration. At the time of submission of the
request to the commissioner, the charging party shall deliver or mail to the respondent a
copy of the request for reconsideration. The commissioner shall reaffirm, reverse, or vacate
and remand for further consideration the determination of no probable cause within 20 days
after receipt of the request for reconsideration, and shall within ten days notify in writing
the charging party and respondent of the decision to reaffirm, reverse, or vacate and remand
for further consideration.

A decision by the commissioner that no probable cause exists to credit the allegations
of an unfair discriminatory practice shall not be appealed to the court of appeals pursuant
to section deleted text begin 363A.36 deleted text end new text begin 363A.34 new text end or sections 14.63 to 14.68.

(d) If the commissioner determines after investigation that probable cause exists to credit
the allegations of unfair discriminatory practices, the commissioner shall serve on the
respondent and the respondent's attorney if the respondent is represented by counsel, by
first class mail, new text begin or electronically with the receiving party's consent, new text end a notice setting forth a
short plain written statement of the alleged facts which support the finding of probable cause
and an enumeration of the provisions of law allegedly violated. new text begin Within 30 days after receipt
of notice, the respondent may request in writing, on forms prepared by the department, that
the commissioner reconsider the determination. new text end If the commissioner determines that attempts
to eliminate the alleged unfair practices through conciliation pursuant to subdivision 8 have
been or would be unsuccessful or unproductive, the commissioner deleted text begin shall deleted text end new text begin may new text end issue a complaint
and serve on the respondent, by registered or certified mail, new text begin or electronically with the
receiving party's consent, new text end a written notice of hearing together with a copy of the complaint,
requiring the respondent to answer the allegations of the complaint at a hearing before an
administrative law judge at a time and place specified in the notice, not less than ten days
after service of said complaint. A copy of the notice shall be furnished to the charging party
and the attorney general.

(e) If, at any time after the filing of a charge, the commissioner has reason to believe
that a respondent has engaged in any unfair discriminatory practice, the commissioner may
file a petition in the district court in a county in which the subject of the complaint occurs,
or in a county in which a respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final determination of proceedings under
this chapter, including an order or decree restraining the respondent from doing or procuring
an act tending to render ineffectual an order the commissioner may enter with respect to
the complaint. The court shall have power to grant temporary relief or a restraining order
as it deems just and proper, but no relief or order extending beyond ten days shall be granted
except by consent of the respondent or after hearing upon notice to the respondent and a
finding by the court that there is reasonable cause to believe that the respondent has engaged
in a discriminatory practice. Except as modified by subdivisions 1 to 9 and section 363A.06,
subdivision 4, the Minnesota Rules of Civil Procedure shall apply to an application, and
the district court shall have authority to grant or deny the relief sought on conditions as it
deems just and equitable. All hearings under subdivisions 1 to 9 and section 363A.06,
subdivision 4, shall be given precedence as nearly as practicable over all other pending civil
actions.

(f) If a lessor, after engaging in a discriminatory practice defined in section 363A.09,
subdivision 1, clause (1), leases or rents a dwelling unit to a person who has no knowledge
of the practice or of the existence of a charge with respect to the practice, the lessor shall
be liable for actual damages sustained by a person by reason of a final order as provided in
subdivisions 1 to 9 and section 363A.06, subdivision 4, requiring the person to be evicted
from the dwelling unit.

(g) In any complaint issued under subdivisions 1 to 9 and section 363A.06, subdivision
4, the commissioner may seek relief for a class of individuals affected by an unfair
discriminatory practice occurring on or after a date one year prior to the filing of the charge
from which the complaint originates.

(h) The commissioner may adopt policies to determine which charges are processed and
the order in which charges are processed based on their particular social or legal significance,
administrative convenience, difficulty of resolution, or other standard consistent with the
provisions of this chapter.

(i) The chief administrative law judge shall adopt policies to provide sanctions for
intentional and frivolous delay caused by any charging party or respondent in an investigation,
hearing, or any other aspect of proceedings before the department under this chapter.

Sec. 12.

Minnesota Statutes 2020, section 363A.31, subdivision 2, is amended to read:

Subd. 2.

Rescission of waiver.

A waiver or release of rights or remedies secured by this
chapter which purports to apply to claims arising out of acts or practices prior to, or
concurrent with, the execution of the waiver or release may be rescinded within 15 calendar
days of its execution, except that a waiver or release given in settlement of a claim filed
with the department or with another administrative agency or judicial body is valid and final
upon execution. A waiving or releasing party shall be informed in writing of the right to
rescind the waiver or release. To be effective, the rescission must be in writing and delivered
to the waived or released party deleted text begin either deleted text end by hand new text begin , electronically with the receiving party's
consent, new text end or new text begin by new text end mail within the 15-day period. If delivered by mail, the rescission must be:

(1) postmarked within the 15-day period;

(2) properly addressed to the waived or released party; and

(3) sent by certified mail return receipt requested.

Sec. 13.

Minnesota Statutes 2020, section 363A.33, subdivision 3, is amended to read:

Subd. 3.

Summons and complaints in a civil action.

A charging party bringing a civil
action shall mail by registered or certified mail new text begin , or electronically with the receiving party's
consent, new text end a copy of the summons and complaint to the commissioner, and upon their receipt
the commissioner shall terminate all proceedings in the department relating to the charge.
No charge shall be filed or reinstituted with the commissioner after a civil action relating
to the same unfair discriminatory practice has been brought unless the civil action has been
dismissed without prejudice.

Sec. 14.

Minnesota Statutes 2020, section 363A.36, subdivision 1, is amended to read:

Subdivision 1.

Scope of application.

(a) deleted text begin For all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan has
been approved by the commissioner. Receipt of a certificate of compliance issued by the
commissioner shall signify that a firm or business has an affirmative action plan that has
been approved by the commissioner. A certificate shall be valid for a period of four years. deleted text end new text begin
No department, agency of the state, the Metropolitan Council, or agency subject to section
473.143, subdivision 1, shall execute a contract for goods or services in excess of $100,000
with a business that has 40 or more full-time employees in this state or a state where the
business has its primary place of business on a single day during the prior 12 months, unless
the business has a workforce certificate from the commissioner of human rights or has
certified in writing that it is exempt. Determinations of exempt status shall be made by the
commissioner of human rights. A certificate is valid for four years. new text end A municipality as defined
in section 466.01, subdivision 1, that receives state money for any reason is encouraged to
prepare and implement an affirmative action plan for the employment of deleted text begin minority persons, deleted text end new text begin
people with disabilities, people of color, and new text end women, and deleted text begin the qualified disabled and deleted text end new text begin to new text end
submit the plan to the commissioner.

deleted text begin (b) This paragraph applies to a contract for goods or services in excess of $100,000 to
be entered into between a department or agency of the state and a business that is not subject
to paragraph (a), but that has more than 40 full-time employees on a single working day
during the previous 12 months in the state where the business has its primary place of
business. A department or agency of the state may not execute a contract or agreement with
a business covered by this paragraph unless the business has a certificate of compliance
issued by the commissioner under paragraph (a) or the business certifies that it is in
compliance with federal affirmative action requirements.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 356.645.

deleted text begin (d) deleted text end new text begin (c) new text end The commissioner shall issue a certificate of compliance or notice of denial within
15 days of the application submitted by the business or firm.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2021, and applies to contracts
entered into on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:

Subd. 2.

Filing fee; account; appropriation.

The commissioner shall collect a deleted text begin $150 deleted text end new text begin
$250 new text end fee for each certificate of compliance issued by the commissioner or the commissioner's
designated agent. The proceeds of the fee must be deposited in a human rights fee special
revenue account. Money in the account is appropriated to the commissioner to fund the cost
of issuing certificates and investigating grievances.

Sec. 16.

Minnesota Statutes 2020, section 363A.36, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Revocation of certificate deleted text end new text begin Violations; remedies new text end .

Certificates of compliance
may be suspended or revoked by the commissioner if a holder of a certificate has not made
a good faith effort to implement an affirmative action plan that has been approved by the
commissioner. If a contractor does not effectively implement an affirmative action plan
approved by the commissioner pursuant to subdivision 1, or fails to make a good faith effort
to do so, the commissioner may refuse to approve subsequent plans submitted by that firm
or business. new text begin The commissioner may impose fines or actions as follows:
new text end

new text begin (1) issue fines up to $5,000 per violation; and
new text end

new text begin (2) suspend or revoke a certificate of compliance until the contractor has paid all
outstanding fines and otherwise complies with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, for all current and future
certificate holders.
new text end

Sec. 17.

Minnesota Statutes 2020, section 363A.36, subdivision 4, is amended to read:

Subd. 4.

Revocation of contract.

A contract awarded by a department or agency of the
state new text begin , the Metropolitan Council, or an agency subject to section 473.143, subdivision 1, new text end may
be terminated or abridged by the deleted text begin department or agency deleted text end new text begin awarding entity new text end because of suspension
or revocation of a certificate based upon a contractor's failure to implement or make a good
faith effort to implement an affirmative action plan approved by the commissioner under
this section. If a contract is awarded to a person who does not have a contract compliance
certificate required under subdivision 1, the commissioner may void the contract on behalf
of the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2021, and applies to contracts
entered into on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2020, section 363A.36, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Access to data. new text end

new text begin Data submitted to the commissioner related to a certificate of
compliance are private data on individuals or nonpublic data with respect to persons other
than department employees. The commissioner's decision to issue, not issue, revoke, or
suspend or otherwise penalize a certificate holder of a certificate of compliance is public
data. Applications, forms, or similar documents submitted by a business seeking a certificate
of compliance are public data. The commissioner may disclose data classified as private or
nonpublic under this subdivision to other state agencies, statewide systems, and political
subdivisions for the purposes of achieving compliance with this section.
new text end

Sec. 19.

Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:

Subd. 2.

Application.

(a) A business shall apply for an equal pay certificate by paying
a deleted text begin $150 deleted text end new text begin $250 new text end filing fee and submitting an equal pay compliance statement to the
commissioner. The proceeds from the fees collected under this subdivision shall be deposited
in an equal pay certificate special revenue account. Money in the account is appropriated
to the commissioner for the purposes of this section. The commissioner shall issue an equal
pay certificate of compliance to a business that submits to the commissioner a statement
signed by the chairperson of the board or chief executive officer of the business:

(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964,
Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal
Work Law;

(2) that the average compensation for its female employees is not consistently below
the average compensation for its male employees within each of the major job categories
in the EEO-1 employee information report for which an employee is expected to perform
work under the contract, taking into account factors such as length of service, requirements
of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or
other mitigating factors;

(3) that the business does not restrict employees of one sex to certain job classifications
and makes retention and promotion decisions without regard to sex;

(4) that wage and benefit disparities are corrected when identified to ensure compliance
with the laws cited in clause (1) and with clause (2); and

(5) how often wages and benefits are evaluated to ensure compliance with the laws cited
in clause (1) and with clause (2).

(b) The equal pay compliance statement shall also indicate whether the business, in
setting compensation and benefits, utilizes:

(1) a market pricing approach;

(2) state prevailing wage or union contract requirements;

(3) a performance pay system;

(4) an internal analysis; or

(5) an alternative approach to determine what level of wages and benefits to pay its
employees. If the business uses an alternative approach, the business must provide a
description of its approach.

(c) Receipt of the equal pay compliance statement by the commissioner does not establish
compliance with the laws set forth in paragraph (a), clause (1).

Sec. 20.

Minnesota Statutes 2020, section 363A.44, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Revocation of certificate deleted text end new text begin Violations; remedies new text end .

An equal pay certificate for
a business may be suspended or revoked by the commissioner when the business fails to
make a good-faith effort to comply with the laws identified in subdivision 2, paragraph (a),
clause (1), fails to make a good-faith effort to comply with this section, or has multiple
violations of this section or the laws identified in subdivision 2, paragraph (a), clause (1). new text begin
The commissioner may also issue a fine due to lack of compliance with this section of up
to $5,000 per violation. The commissioner may suspend or revoke an equal pay certificate
until the business has paid all outstanding fines and otherwise complies with this section. new text end
Prior to new text begin issuing a fine or new text end suspending or revoking a certificate, the commissioner must first
have sought to conciliate with the business regarding wages and benefits due to employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, for all current and future
certificate holders.
new text end

Sec. 21.

Minnesota Statutes 2020, section 363A.44, subdivision 9, is amended to read:

Subd. 9.

Access to data.

Data submitted to the commissioner related to equal pay
certificates are private data on individuals or nonpublic data with respect to persons other
than department employees. The commissioner's decision to issue, not issue, revoke, or
suspend new text begin or otherwise penalize a certificate holder of new text end an equal pay certificate is public data. new text begin
Applications, forms, or similar documents submitted by a business seeking an equal pay
certificate are public data. The commissioner may disclose data classified as private or
nonpublic under this subdivision to other state agencies, statewide systems, and political
subdivisions for the purposes of achieving compliance with this section.
new text end

Sec. 22.

new text begin [363A.50] NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given unless the context clearly requires otherwise.
new text end

new text begin (b) "Anatomical gift" has the meaning given in section 525A.02, subdivision 4.
new text end

new text begin (c) "Auxiliary aids and services" include, but are not limited to:
new text end

new text begin (1) qualified interpreters or other effective methods of making aurally delivered materials
available to individuals with hearing impairments;
new text end

new text begin (2) qualified readers, taped texts, texts in accessible electronic format, or other effective
methods of making visually delivered materials available to individuals with visual
impairments;
new text end

new text begin (3) the provision of information in a format that is accessible for individuals with
cognitive, neurological, developmental, intellectual, or physical disabilities;
new text end

new text begin (4) the provision of supported decision-making services; and
new text end

new text begin (5) the acquisition or modification of equipment or devices.
new text end

new text begin (d) "Covered entity" means:
new text end

new text begin (1) any licensed provider of health care services, including licensed health care
practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric
residential treatment facilities, institutions for individuals with intellectual or developmental
disabilities, and prison health centers; or
new text end

new text begin (2) any entity responsible for matching anatomical gift donors to potential recipients.
new text end

new text begin (e) "Disability" has the meaning given in section 363A.03, subdivision 12.
new text end

new text begin (f) "Organ transplant" means the transplantation or infusion of a part of a human body
into the body of another for the purpose of treating or curing a medical condition.
new text end

new text begin (g) "Qualified individual" means an individual who, with or without available support
networks, the provision of auxiliary aids and services, or reasonable modifications to policies
or practices, meets the essential eligibility requirements for the receipt of an anatomical
gift.
new text end

new text begin (h) "Reasonable modifications" include, but are not limited to:
new text end

new text begin (1) communication with individuals responsible for supporting an individual with
postsurgical and post-transplantation care, including medication; and
new text end

new text begin (2) consideration of support networks available to the individual, including family,
friends, and home and community-based services, including home and community-based
services funded through Medicaid, Medicare, another health plan in which the individual
is enrolled, or any program or source of funding available to the individual, in determining
whether the individual is able to comply with post-transplant medical requirements.
new text end

new text begin (i) "Supported decision making" has the meaning given in section 524.5-102, subdivision
16a.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition of discrimination. new text end

new text begin (a) A covered entity may not, on the basis of
a qualified individual's mental or physical disability:
new text end

new text begin (1) deem an individual ineligible to receive an anatomical gift or organ transplant;
new text end

new text begin (2) deny medical or related organ transplantation services, including evaluation, surgery,
counseling, and postoperative treatment and care;
new text end

new text begin (3) refuse to refer the individual to a transplant center or other related specialist for the
purpose of evaluation or receipt of an anatomical gift or organ transplant;
new text end

new text begin (4) refuse to place an individual on an organ transplant waiting list or place the individual
at a lower-priority position on the list than the position at which the individual would have
been placed if not for the individual's disability; or
new text end

new text begin (5) decline insurance coverage for any procedure associated with the receipt of the
anatomical gift or organ transplant, including post-transplantation and postinfusion care.
new text end

new text begin (b) Notwithstanding paragraph (a), a covered entity may take an individual's disability
into account when making treatment or coverage recommendations or decisions, solely to
the extent that the physical or mental disability has been found by a physician, following
an individualized evaluation of the potential recipient, to be medically significant to the
provision of the anatomical gift or organ transplant. The provisions of this section may not
be deemed to require referrals or recommendations for, or the performance of, organ
transplants that are not medically appropriate given the individual's overall health condition.
new text end

new text begin (c) If an individual has the necessary support system to assist the individual in complying
with post-transplant medical requirements, an individual's inability to independently comply
with those requirements may not be deemed to be medically significant for the purposes of
paragraph (b).
new text end

new text begin (d) A covered entity must make reasonable modifications to policies, practices, or
procedures, when such modifications are necessary to make services such as
transplantation-related counseling, information, coverage, or treatment available to qualified
individuals with disabilities, unless the entity can demonstrate that making such modifications
would fundamentally alter the nature of such services.
new text end

new text begin (e) A covered entity must take such steps as may be necessary to ensure that no qualified
individual with a disability is denied services such as transplantation-related counseling,
information, coverage, or treatment because of the absence of auxiliary aids and services,
unless the entity can demonstrate that taking such steps would fundamentally alter the nature
of the services being offered or result in an undue burden. A covered entity is not required
to provide supported decision-making services.
new text end

new text begin (f) A covered entity must otherwise comply with the requirements of Titles II and III of
the Americans with Disabilities Act of 1990, the Americans with Disabilities Act
Amendments Act of 2008, and the Minnesota Human Rights Act.
new text end

new text begin (g) The provisions of this section apply to each part of the organ transplant process.
new text end

new text begin Subd. 3. new text end

new text begin Remedies. new text end

new text begin In addition to all other remedies available under this chapter, any
individual who has been subjected to discrimination in violation of this section may initiate
a civil action in a court of competent jurisdiction to enjoin violations of this section.
new text end

ARTICLE 5

CIVIL LAW

Section 1.

Minnesota Statutes 2020, section 357.17, is amended to read:

357.17 NOTARIES PUBLIC.

new text begin (a) new text end The maximum fees to be charged and collected by a notary public shall be as follows:

(1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such
bill; where protest is legally necessary, and copy thereof, $5;

(2) for every other protest and copy, $5;

(3) for making and serving every notice of nonpayment of note or nonacceptance of bill
and copy thereof, $5;

(4) for any affidavit or paper for which provision is not made herein, $5 per folio, and
$1 per folio for copies;

(5) for each oath administered, $5;

(6) for acknowledgments of deeds and for other services authorized by law, the legal
fees allowed other officers for like services;

(7) for recording each instrument required by law to be recorded by the notary, $5 per
folio.

new text begin (b) A notary public may charge a fee for performing a marriage in excess of the fees in
paragraph (a) if the notary is commissioned pursuant to chapter 359.
new text end

Sec. 2.

Minnesota Statutes 2020, section 359.04, is amended to read:

359.04 POWERS.

Every notary public so appointed, commissioned, and qualified shall have power
throughout this state to administer all oaths required or authorized to be administered in
this state; to take and certify all depositions to be used in any of the courts of this state; to
take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
other instruments in writing or electronic records; to receive, make out, and record notarial
protests; new text begin to perform civil marriages consistent with this chapter and chapter 517; new text end and to
perform online remote notarial acts in compliance with the requirements of sections 358.645
and 358.646.

Sec. 3.

new text begin [359.115] CIVIL MARRIAGE OFFICIANT.
new text end

new text begin A notary public shall have the power to solemnize civil marriages throughout the state
if the notary public has filed a copy of the notary public's notary commission with the local
registrar of a county in this state. When a local registrar records a commission for a notary
public, the local registrar shall provide a certificate of filing to the notary whose commission
is recorded. A notary public shall endorse and record the county where the notary public's
commission is recorded upon each certificate of civil marriage granted by the notary.
new text end

Sec. 4.

Minnesota Statutes 2020, section 514.977, is amended to read:

514.977 deleted text begin DEFAULT deleted text end new text begin ADDITIONAL REMEDIES new text end .

new text begin Subdivision 1. new text end

new text begin Default; breach of rental agreement. new text end

If an occupant defaults in the
payment of rent new text begin for the storage space new text end or otherwise breaches the rental agreement, the owner
may commence an deleted text begin eviction deleted text end action deleted text begin under chapter 504B. deleted text end new text begin to terminate the rental agreement,
recover possession of the storage space, remove the occupant, and dispose of the stored
personal property. The action shall be conducted in accordance with the Minnesota Rules
of Civil Procedure except as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Service of summons. new text end

new text begin The summons must be served at least seven days before
the date of the court appearance as provided in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Appearance. new text end

new text begin Except as provided in subdivision 4, in an action filed under this
section, the appearance shall be not less than seven or more than 14 days from the day of
issuing the summons.
new text end

new text begin Subd. 4. new text end

new text begin Expedited hearing. new text end

new text begin If the owner files a motion and affidavit stating specific
facts and instances in support of an allegation that the occupant is causing a nuisance or
engaging in illegal or other behavior that seriously endangers the safety of others, their
property, or the storage facility's property, the appearance shall be not less than three days
nor more than seven days from the date the summons is issued. The summons in an expedited
hearing shall be served upon the occupant within 24 hours of issuance unless the court
orders otherwise for good cause shown.
new text end

new text begin Subd. 5. new text end

new text begin Answer; trial; continuance. new text end

new text begin At the court appearance specified in the summons,
the defendant may answer the complaint, and the court shall hear and decide the action,
unless it grants a continuance of the trial, which may be for no longer than six days, unless
all parties consent to longer continuance.
new text end

new text begin Subd. 6. new text end

new text begin Counterclaims. new text end

new text begin The occupant is prohibited from bringing counterclaims in the
action that are unrelated to the possession of the storage space. Nothing in this section
prevents the occupant from bringing the claim in a separate action.
new text end

new text begin Subd. 7. new text end

new text begin Judgment; writ. new text end

new text begin Judgment in matters adjudicated under this section shall be
in accordance with section 504B.345, subdivision 1, paragraph (a). Execution of a writ
issued under this section shall be in accordance with section 504B.365.
new text end

Sec. 5.

Minnesota Statutes 2020, section 517.04, is amended to read:

517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.

Civil marriages may be solemnized throughout the state by an individual who has attained
the age of 21 years and is a judge of a court of record, a retired judge of a court of record,
a court administrator, a retired court administrator with the approval of the chief judge of
the judicial district, a former court commissioner who is employed by the court system or
is acting pursuant to an order of the chief judge of the commissioner's judicial district, new text begin a
notary commissioned pursuant to chapter 359, new text end the residential school superintendent of the
Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, a
licensed or ordained minister of any religious denomination, or by any mode recognized in
section 517.18. For purposes of this section, a court of record includes the Office of
Administrative Hearings under section 14.48.

Sec. 6.

Minnesota Statutes 2020, section 517.08, subdivision 1b, is amended to read:

Subd. 1b.

Term of license; fee; premarital education.

(a) The local registrar shall
examine upon oath the parties applying for a license relative to the legality of the
contemplated civil marriage. new text begin Examination upon oath of the parties under this section may
include contemporaneous video or audio transmission or receipt of a verified statement
signed by both parties attesting to the legality of the marriage. The local registrar may accept
civil marriage license applications, signed by both parties, by mail, facsimile, or electronic
filing. new text end Both parties must present proof of age to the local registrar. deleted text begin If one party is unable to
appear in person, the party appearing may complete the absent applicant's information. The
local registrar shall provide a copy of the civil marriage application to the party who is
unable to appear, who must verify the accuracy of the appearing party's information in a
notarized statement. The verification statement must be accompanied by a copy of proof of
age of the party. deleted text end The civil marriage license must not be released until deleted text begin the verification
statement and deleted text end proof of age has been received by the local registrar. If the local registrar is
satisfied that there is no legal impediment to it, including the restriction contained in section
259.13, the local registrar shall issue the license, containing the full names of the parties
before and after the civil marriage, and county and state of residence, with the county seal
attached, and make a record of the date of issuance. The license shall be valid for a period
of six months. Except as provided in paragraph (b), the local registrar shall collect from the
applicant a fee of $115 for administering the oath, issuing, recording, and filing all papers
required, and preparing and transmitting to the state registrar of vital records the reports of
civil marriage required by this section. If the license should not be used within the period
of six months due to illness or other extenuating circumstances, it may be surrendered to
the local registrar for cancellation, and in that case a new license shall issue upon request
of the parties of the original license without fee. A local registrar who knowingly issues or
signs a civil marriage license in any manner other than as provided in this section shall pay
to the parties aggrieved an amount not to exceed $1,000.

(b) The civil marriage license fee for parties who have completed at least 12 hours of
premarital education is $40. In order to qualify for the reduced license fee, the parties must
submit at the time of applying for the civil marriage license a statement that is signed, dated,
and notarized or marked with a church seal from the person who provided the premarital
education on their letterhead confirming that it was received. The premarital education must
be provided by a licensed or ordained minister or the minister's designee, a person authorized
to solemnize civil marriages under section 517.18, or a person authorized to practice marriage
and family therapy under section 148B.33. The education must include the use of a premarital
inventory and the teaching of communication and conflict management skills.

(c) The statement from the person who provided the premarital education under paragraph
(b) must be in the following form:

"I, .......................... (name of educator), confirm that .......................... (names of both
parties) received at least 12 hours of premarital education that included the use of a premarital
inventory and the teaching of communication and conflict management skills. I am a licensed
or ordained minister, a person authorized to solemnize civil marriages under Minnesota
Statutes, section 517.18, or a person licensed to practice marriage and family therapy under
Minnesota Statutes, section 148B.33."

The names of the parties in the educator's statement must be identical to the legal names
of the parties as they appear in the civil marriage license application. Notwithstanding
section 138.17, the educator's statement must be retained for seven years, after which time
it may be destroyed.

(d) If section 259.13 applies to the request for a civil marriage license, the local registrar
shall grant the civil marriage license without the requested name change. Alternatively, the
local registrar may delay the granting of the civil marriage license until the party with the
conviction:

(1) certifies under oath that 30 days have passed since service of the notice for a name
change upon the prosecuting authority and, if applicable, the attorney general and no
objection has been filed under section 259.13; or

(2) provides a certified copy of the court order granting it. The parties seeking the civil
marriage license shall have the right to choose to have the license granted without the name
change or to delay its granting pending further action on the name change request.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2021.
new text end

Sec. 7.

Minnesota Statutes 2020, section 524.2-503, is amended to read:

524.2-503 HARMLESS ERROR.

(a) If a document or writing added upon a document was not executed in compliance
with section 524.2-502, the document or writing is treated as if it had been executed in
compliance with section 524.2-502 if the proponent of the document or writing establishes
by clear and convincing evidence that the decedent intended the document or writing to
constitute:

(1) the decedent's will;

(2) a partial or complete revocation of the will;

(3) an addition to or an alteration of the will; or

(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly
revoked portion of the will.

(b) This section applies to documents and writings executed on or after March 13, 2020 deleted text begin ,
but before February 15, 2021 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 13, 2020, and
applies to documents and writings executed on or after March 13, 2020.
new text end

Sec. 8.

Laws 2020, chapter 118, section 4, is amended to read:

Sec. 4. FILING OF MORTGAGE OR DEED OF TRUST deleted text begin THROUGH 2020; PUBLIC
UTILITY deleted text end .

Notwithstanding Minnesota Statutes, section 507.327, deleted text begin for the public utility subject to
Minnesota Statutes, section 116C.7791, deleted text end the filing of the mortgage or deed of trust executed
between May 1, 2020, and deleted text begin December 31, 2020 deleted text end new text begin June 30, 2022 new text end , filed in the Office of the
Secretary of State under Minnesota Statutes, section deleted text begin 336.02 deleted text end new text begin 336B.02 new text end , along with, or as part
of, the financing statement covering the fixtures, has the same effect, and is notice of the
rights and interests of the mortgagee or trustee in easements, other less than fee simple
interests in real estate, and fee simple interests in real estate deleted text begin of the public utility deleted text end to the same
extent, as if the mortgage or deed of trust were duly recorded in the office of the county
recorder or duly registered in the office of the registrar of titles of the counties in which the
real estate is situated. The effectiveness of the filing terminates at the same time as provided
in Minnesota Statutes, section 336B.02, subdivision 3, for the termination of the effectiveness
of fixture filing. Any filing made in accordance with this section shall also be made with
the office of the county recorder, or duly registered in the office of the registrar of titles, of
the counties in which the real estate is situated.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from December 30, 2020.
new text end

ARTICLE 6

GOVERNMENT DATA PRACTICES

Section 1.

new text begin [3.8844] LEGISLATIVE COMMISSION ON DATA PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Established. new text end

new text begin The Legislative Commission on Data Practices and Personal
Data Privacy is created to study issues relating to government data practices and individuals'
personal data privacy rights and to review legislation impacting data practices, data security,
and personal data privacy. The commission is a continuation of the commission that was
established by Laws 2014, chapter 193, as amended, and which expired June 30, 2019.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commission consists of four senators appointed by the senate
Subcommittee on Committees of the Committee on Rules and Administration, and four
members of the house of representatives appointed by the speaker. Two members from each
chamber must be from the majority party in that chamber and two members from each
chamber must be from the minority party in that chamber. Each appointing authority must
make appointments as soon as possible after the beginning of the regular legislative session
in the odd-numbered year. The ranking senator from the majority party appointed to the
commission must convene the first meeting of a biennium by February 15 in the
odd-numbered year. The commission may elect up to four former legislators who have
demonstrated an interest in, or have a history of working in, the areas of government data
practices and personal data privacy to serve as nonvoting members of the commission. The
former legislators must not be registered lobbyists. All commission members shall serve
without compensation and without reimbursement for mileage, meals, or other expenses.
new text end

new text begin Subd. 3. new text end

new text begin Terms; vacancies. new text end

new text begin Members of the commission serve for terms beginning upon
appointment and ending at the beginning of the regular legislative session in the next
odd-numbered year. The appropriate appointing authority must fill a vacancy for a seat of
a current legislator for the remainder of the unexpired term.
new text end

new text begin Subd. 4. new text end

new text begin Officers. new text end

new text begin The commission must elect a chair and may elect other officers as it
determines are necessary. The chair alternates between a member of the senate and a member
of the house of representatives in January of each odd-numbered year.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin Legislative staff must provide administrative and research assistance to
the commission from existing resources. The Legislative Coordinating Commission may,
if funding is available, appoint staff to provide research assistance.
new text end

new text begin Subd. 6. new text end

new text begin Duties. new text end

new text begin The commission shall:
new text end

new text begin (1) review and provide the legislature with research and analysis of emerging issues
relating to government data practices and security and privacy of personal data;
new text end

new text begin (2) review and make recommendations on legislative proposals relating to the Minnesota
Government Data Practices Act; and
new text end

new text begin (3) review and make recommendations on legislative proposals impacting personal data
privacy rights, data security, and other related issues.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. Initial
members of the commission serve for a term ending in January 2023. A member of the
house of representatives shall serve as the first chair of the commission. A member of the
senate shall serve as chair of the commission beginning in January 2023.
new text end

Sec. 2.

Minnesota Statutes 2020, section 13.045, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(1) "program participant" has the meaning given in section 5B.02, paragraph (g);

(2) "location data" means deleted text begin any deleted text end data new text begin the participant specifies new text end that may be used to physically
locate a program participant, deleted text begin including but not limited to deleted text end new text begin such as new text end the program participant's
residential address, work address, deleted text begin and deleted text end new text begin or new text end school address, and that is collected, received, or
maintained by a government entity prior to the date a program participant's certification
expires, or the date the entity receives notice that the program participant has withdrawn
from the program, whichever is earlier;

(3) "identity data" means data that may be used to identify a program participant,
including the program participant's name, phone number, e-mail address, address designated
under chapter 5B, Social Security number, or driver's license number, and that is collected,
received, or maintained by a government entity before the date a program participant's
certification expires, or the date the entity receives notice that the program participant has
withdrawn from the program, whichever is earlier;

(4) "county recorder" means the county official who performs the functions of the county
recorder or registrar of titles to record a document as part of the county real estate document
recording system, regardless of title or office; and

(5) "real property records" means any record of data that is maintained deleted text begin by a county deleted text end as
part of the county real estate document recording system for use by the public new text begin , data on
assessments, data on real or personal property taxation, and other data on real property new text end .

Sec. 3.

Minnesota Statutes 2020, section 13.045, subdivision 2, is amended to read:

Subd. 2.

Notification of certification.

(a) A program participant may deleted text begin submit a notice,
in writing, to deleted text end new text begin notify new text end the responsible authority of any government entity other than the county
recorder new text begin in writing, on a form prescribed by the secretary of state, new text end that the participant is
certified in the Safe at Home address confidentiality program pursuant to chapter 5B. The
notice must include the program participant's name, deleted text begin names of other program participants
in the household, deleted text end new text begin date of birth, new text end address designated under chapter 5B, program participant
signature, new text begin signature of the participant's parent or guardian if the participant is a minor, new text end date
the program participant's certification in the program expires, and any other information
specified by the secretary of state. A program participant may submit a subsequent notice
of certification, if the participant's certification is renewed. The contents of the notification
of certification are private data on individuals. new text begin A notice provided pursuant to this paragraph
is a request to protect location data unless the participant requests that specific identity data
also be protected.
new text end

(b) To affect real property records, deleted text begin including but not limited to documents maintained
in a public recording system, data on assessments and taxation, and other data on real
property, deleted text end a program participant must submit a real property notice in writing to the county
recorder in the county where the property identified in the real property notice is located. new text begin
To affect real property records maintained by any other government entity, a program
participant must submit a real property notice in writing to the other government entity's
responsible authority. new text end A real property notice must be on a form prescribed by the secretary
of state and must include:

(1) the full legal name of the program participant, including middle name;

(2) the last four digits of the program participant's Social Security number;

new text begin (3) the participant's date of birth;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end the designated address of the program participant as assigned by the secretary of
state, including lot number;

deleted text begin (4) the date the program participant's certification in the program expires;
deleted text end

(5) the legal description and street address, if any, of the real property affected by the
notice;

(6) the address of the Office of the Secretary of State; and

(7) the signature of the program participant.

Only one parcel of real property may be included in each notice, but more than one notice
may be presented deleted text begin to the county recorder deleted text end . deleted text begin The county recorder deleted text end new text begin The recipient of the notice new text end
may require a program participant to provide additional information necessary to identify
the records of the program participant or the real property described in the notice. A program
participant must submit a subsequent real property notice for the real property if the
participant's deleted text begin certification is renewed deleted text end new text begin legal name changes new text end . The real property notice is private
data on individuals.

Sec. 4.

Minnesota Statutes 2020, section 13.045, subdivision 3, is amended to read:

Subd. 3.

Classification of identity and location data; new text begin amendment of records; new text end sharing
and dissemination.

(a) Identity and location data deleted text begin on deleted text end new text begin for which new text end a program participant deleted text begin who
submits a notice deleted text end new text begin seeks protection new text end under subdivision 2, paragraph (a), that are not otherwise
classified by law are private data on individuals. deleted text begin Notwithstanding any provision of law to
the contrary, private or confidential location data on a program participant who submits a
notice under subdivision 2, paragraph (a), may not be shared with any other government
entity or nongovernmental entity except as provided in paragraph (b).
deleted text end

(b) deleted text begin Private or confidential location data on a program participant must not be shared or
disclosed by a government entity deleted text end new text begin Notwithstanding any provision of law to the contrary,
private or confidential location data on a program participant who submits a notice under
subdivision 2, paragraph (a), may not be shared with any other government entity or
nongovernmental entity new text end unless:

(1) the program participant has expressly consented in writing to sharing or dissemination
of the data for the purpose for which the sharing or dissemination will occur;

(2) the data are subject to sharing or dissemination pursuant to court order under section
13.03, subdivision 6;

(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;

(4) the location data related to county of residence are needed to provide public assistance
or other government services, or to allocate financial responsibility for the assistance or
services;

(5) the data are necessary to perform a government entity's health, safety, or welfare
functions, including the provision of emergency 911 services, the assessment and
investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection
of services or locations for compliance with health, safety, or professional standards; or

(6) the data are necessary to aid an active law enforcement investigation of the program
participant.

(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the
purposes authorized in this subdivision and may not be further disclosed to any other person
or government entity. Government entities receiving or sharing private or confidential data
under this subdivision shall establish procedures to protect the data from further disclosure.

(d) Real property record data are governed by subdivision 4a.

new text begin (e) Notwithstanding sections 15.17 and 138.17, a government entity may amend records
to replace a participant's location data with the participant's designated address.
new text end

Sec. 5.

Minnesota Statutes 2020, section 13.045, subdivision 4a, is amended to read:

Subd. 4a.

Real property records.

(a) If a program participant submits a notice deleted text begin to a
county recorder deleted text end under subdivision 2, paragraph (b), the deleted text begin county recorder deleted text end new text begin government entity
new text end must not disclose the program participant's identity data in conjunction with the property
identified in the written notice new text begin in the entity's real property records new text end , unless:

(1) the program participant has consented to sharing or dissemination of the data for the
purpose identified in a writing acknowledged by the program participant;

(2) the data are subject to sharing or dissemination pursuant to court order under section
13.03, subdivision 6; deleted text begin or
deleted text end

(3) the secretary of state authorizes the sharing or dissemination of the data under
subdivision 4b for the purpose identified in the authorization deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) the data is shared with a government entity subject to this chapter for the purpose of
administering assessment and taxation laws.
new text end

This subdivision does not prevent deleted text begin the deleted text end new text begin a new text end county recorder from returning original documents
to the individuals that submitted the documents for recording. This subdivision does not
prevent the public disclosure of the participant's name and address designated under chapter
5B in the county reception index if the participant's name and designated address are not
disclosed in conjunction with location data. Each deleted text begin county recorder deleted text end new text begin government entity new text end shall
establish procedures for recording or filing documents to comply with this subdivision.
These procedures may include masking identity or location data and making documents or
certificates of title containing the data private and not viewable except as allowed by this
paragraph. The procedure must comply with the requirements of chapters 386, 507, 508,
and 508A and other laws as appropriate, to the extent these requirements do not conflict
with this section. The procedures must provide public notice of the existence of recorded
documents and certificates of title that are not publicly viewable and the provisions for
viewing them under this subdivision. Notice that a document or certificate is private and
viewable only under this subdivision or subdivision 4b is deemed constructive notice of the
document or certificate.

(b) A real property notice is notice only to the county recorder. A notice that does not
conform to the requirements of a real property notice under subdivision 2, paragraph (b),
is not effective as a notice to the county recorder. On receipt of a real property notice, the
deleted text begin county recorder deleted text end new text begin government entity new text end shall provide a copy of the notice to the person who
maintains the property tax records in that deleted text begin county deleted text end new text begin jurisdiction new text end , new text begin to the county's or municipality's
responsible authority, new text end and provide a copy to the secretary of state at the address specified
by the secretary of state in the notice.

(c) Paragraph (a) applies only to the records recorded or filed concurrently with the real
property notice specified in subdivision 2, paragraph (b), and real property records affecting
the same real property new text begin created or new text end recorded subsequent to the deleted text begin county's deleted text end new text begin government entity's
new text end receipt of the real property notice.

(d) The prohibition on disclosure in paragraph (a) continues until:

(1) the program participant has consented to the termination of the real property notice
in a writing acknowledged by the program participant new text begin . Notification under this paragraph
must be given by the government entity to the secretary of state within 90 days of the
termination new text end ;

(2) the real property notice is terminated pursuant to a court order new text begin . Notification under
this paragraph must be given by the government entity to the secretary of state within 90
days of the termination new text end ;

(3) the program participant no longer holds a record interest in the real property identified
in the real property notice new text begin . Notification under this paragraph must be given by the government
entity to the secretary of state within 90 days of the termination new text end ; or

(4) the secretary of state has given written notice to the deleted text begin county recorder deleted text end new text begin government
entity new text end who provided the secretary of state with a copy of a participant's real property notice
that the program participant's certification has terminated. Notification under this paragraph
must be given by the secretary of state within 90 days of the termination.

Upon termination of the prohibition of disclosure, the deleted text begin county recorder deleted text end new text begin government entity new text end
shall make publicly viewable all documents and certificates of title relative to the participant
that were previously partially or wholly private and not viewable.

Sec. 6.

Minnesota Statutes 2020, section 13.32, subdivision 3, is amended to read:

Subd. 3.

Private data; when disclosure is permitted.

Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:

(a) pursuant to section 13.05;

(b) pursuant to a valid court order;

(c) pursuant to a statute specifically authorizing access to the private data;

(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code
of Federal Regulations, title 34, section 99.36;

(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;

(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;

(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;

(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;

(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;

(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;

(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;

(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;

(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section 124D.52,
subdivision 7;

(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request
by the commissioner of education, data that are relevant to a report of maltreatment and are
from charter school and school district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including, but not limited to, the following:

(1) information regarding the student alleged to have been maltreated;

(2) information regarding student and employee witnesses;

(3) information regarding the alleged perpetrator; and

(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;

(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title
34, sections 99.31 (a)(13) and (14);

(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); deleted text begin or
deleted text end

(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution
has an information release form signed by the student authorizing disclosure to a parent.
The institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetings deleted text begin . deleted text end new text begin ; or
new text end

new text begin (r) with tribal nations about tribally enrolled or descendant students to the extent necessary
for the tribal nation and school district or charter school to support the educational attainment
of the student.
new text end

Sec. 7.

new text begin [13.3655] ATTORNEY GENERAL DATA CODED ELSEWHERE.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The sections referred to in this section are codified outside this
chapter. Those sections classify attorney general data as other than public, place restrictions
on access to government data, or involve data sharing.
new text end

new text begin Subd. 2. new text end

new text begin Jailhouse witnesses. new text end

new text begin Data collected and maintained by the attorney general
regarding jailhouse witnesses are governed by section 634.045.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 8.

Minnesota Statutes 2020, section 13.7931, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Data on individuals who are minors. new text end

new text begin Data on individuals who are minors
that are collected, created, received, maintained, or disseminated by the Department of
Natural Resources are classified under section 84.0873.
new text end

Sec. 9.

Minnesota Statutes 2020, section 13.82, is amended by adding a subdivision to
read:

new text begin Subd. 33. new text end

new text begin Mental health care data. new text end

new text begin (a) Mental health data received from the welfare
system as described in section 13.46, subdivision 7, are classified as described in that section.
new text end

new text begin (b) Data received from a provider as described in section 144.294 are classified as
described in that section.
new text end

new text begin (c) Health records received from a provider are governed by section 144.293.
new text end

new text begin (d) The following data on individuals created or collected by law enforcement agencies
are private data on individuals, unless the data become criminal investigative data, in which
the data are classified by subdivision 7:
new text end

new text begin (1) medications taken by an individual;
new text end

new text begin (2) mental illness diagnoses;
new text end

new text begin (3) the psychological or psychosocial history of an individual;
new text end

new text begin (4) risk factors or potential triggers related to an individual's mental health;
new text end

new text begin (5) mental health or social service providers serving an individual; and
new text end

new text begin (6) data pertaining to the coordination of social service or mental health care on behalf
of an individual, including the scheduling of appointments, responses from providers, and
follow-up.
new text end

new text begin (e) Data classified as private by paragraph (d) may be shared with the welfare system,
as defined in section 13.46, subdivision 1, paragraph (c), or with a provider as defined by
section 144.291, subdivision 2, paragraph (i), to coordinate necessary services on behalf of
the subject of the data.
new text end

new text begin (f) This subdivision does not affect the classification of data made public by subdivision
2, 3, or 6 or those portions of inactive investigative data made public by subdivision 7.
new text end

Sec. 10.

Minnesota Statutes 2020, section 13.824, subdivision 6, is amended to read:

Subd. 6.

Biennial audit.

(a) In addition to the log required under subdivision 5, the law
enforcement agency must maintain records showing the date and time automated license
plate reader data were collected and the applicable classification of the data. The law
enforcement agency shall arrange for an independent, biennial audit of the records to
determine whether data currently in the records are classified, how the data are used, whether
they are destroyed as required under this section, and to verify compliance with subdivision
7. If the commissioner of administration believes that a law enforcement agency is not
complying with this section or other applicable law, the commissioner may order a law
enforcement agency to arrange for additional independent audits. Data in the records required
under this paragraph are classified as provided in subdivision 2.

(b) The results of the audit are public. The commissioner of administration shall review
the results of the audit. If the commissioner determines that there is a pattern of substantial
noncompliance with this section by the law enforcement agency, the agency must
immediately suspend operation of all automated license plate reader devices until the
commissioner has authorized the agency to reinstate their use. An order of suspension under
this paragraph may be issued by the commissioner, upon review of the results of the audit,
review of the applicable provisions of this chapter, and after providing the agency a
reasonable opportunity to respond to the audit's findings.

(c) A report summarizing the results of each audit must be provided to the commissioner
of administration, to the deleted text begin chair deleted text end new text begin chairs new text end and ranking minority members of the committees of
the house of representatives and the senate with jurisdiction over data practices and public
safety issues, and to the Legislative Commission on Data Practices and Personal Data Privacy
no later than 30 days following completion of the audit.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2020, section 13.825, subdivision 9, is amended to read:

Subd. 9.

Biennial audit.

(a) A law enforcement agency must maintain records showing
the date and time portable recording system data were collected and the applicable
classification of the data. The law enforcement agency shall arrange for an independent,
biennial audit of the data to determine whether data are appropriately classified according
to this section, how the data are used, and whether the data are destroyed as required under
this section, and to verify compliance with subdivisions 7 and 8. If the governing body with
jurisdiction over the budget of the agency determines that the agency is not complying with
this section or other applicable law, the governing body may order additional independent
audits. Data in the records required under this paragraph are classified as provided in
subdivision 2.

(b) The results of the audit are public, except for data that are otherwise classified under
law. The governing body with jurisdiction over the budget of the law enforcement agency
shall review the results of the audit. If the governing body determines that there is a pattern
of substantial noncompliance with this section, the governing body must order that operation
of all portable recording systems be suspended until the governing body has authorized the
agency to reinstate their use. An order of suspension under this paragraph may only be made
following review of the results of the audit and review of the applicable provisions of this
chapter, and after providing the agency and members of the public a reasonable opportunity
to respond to the audit's findings in a public meeting.

(c) A report summarizing the results of each audit must be provided to the governing
body with jurisdiction over the budget of the law enforcement agency deleted text begin and deleted text end new text begin , new text end to the Legislative
Commission on Data Practices and Personal Data Privacy new text begin , and to the chairs and ranking
minority members of the committees of the house of representatives and the senate with
jurisdiction over data practices and public safety issues new text end no later than 60 days following
completion of the audit.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2020, section 13.856, subdivision 3, is amended to read:

Subd. 3.

Public data.

The following new text begin closed case new text end data maintained by the ombudsperson
are classified as public data pursuant to section 13.02, subdivision 15:

(1) client name;

(2) client location; and

(3) the inmate identification number assigned by the Department of Corrections.

Sec. 13.

new text begin [84.0873] DATA ON INDIVIDUALS WHO ARE MINORS.
new text end

new text begin (a) When the Department of Natural Resources collects, creates, receives, maintains, or
disseminates the following data on individuals who the department knows are minors, the
data are considered private data on individuals, as defined in section 13.02, subdivision 12,
except for data classified as public data according to section 13.43:
new text end

new text begin (1) name;
new text end

new text begin (2) date of birth;
new text end

new text begin (3) Social Security number;
new text end

new text begin (4) telephone number;
new text end

new text begin (5) e-mail address;
new text end

new text begin (6) physical or mailing address;
new text end

new text begin (7) location data;
new text end

new text begin (8) online account access information;
new text end

new text begin (9) data associated with the location of electronic devices; and
new text end

new text begin (10) other data that would identify participants who have registered for events, programs,
or classes sponsored by the Department of Natural Resources.
new text end

new text begin (b) Data about minors classified under this section maintain their classification as private
data on individuals after the individual is no longer a minor.
new text end

Sec. 14.

Minnesota Statutes 2020, section 144.225, subdivision 7, is amended to read:

Subd. 7.

Certified birth or death record.

(a) The state registrar or local issuance office
shall issue a certified birth or death record or a statement of no vital record found to an
individual upon the individual's proper completion of an attestation provided by the
commissioner and payment of the required fee:

(1) to a person who deleted text begin has a tangible interest in the requested vital record. A person who
has a tangible interest deleted text end is:

(i) the subject of the vital record;

(ii) a child of the subject;

(iii) the spouse of the subject;

(iv) a parent of the subject;

(v) the grandparent or grandchild of the subject;

(vi) if the requested record is a death record, a sibling of the subject;

deleted text begin (vii) the party responsible for filing the vital record;
deleted text end

deleted text begin (viii) deleted text end new text begin (vii) new text end the legal custodian, guardian or conservator, or health care agent of the subject;

deleted text begin (ix) deleted text end new text begin (viii) new text end a personal representative, by sworn affidavit of the fact that the certified copy
is required for administration of the estate;

deleted text begin (x) deleted text end new text begin (ix) new text end a successor of the subject, as defined in section 524.1-201, if the subject is
deceased, by sworn affidavit of the fact that the certified copy is required for administration
of the estate;

deleted text begin (xi) deleted text end new text begin (x) new text end if the requested record is a death record, a trustee of a trust by sworn affidavit
of the fact that the certified copy is needed for the proper administration of the trust;

deleted text begin (xii) deleted text end new text begin (xi) new text end a person or entity who demonstrates that a certified vital record is necessary
for the determination or protection of a personal or property right, pursuant to rules adopted
by the commissioner; or

deleted text begin (xiii) deleted text end new text begin (xii) new text end an adoption agency in order to complete confidential postadoption searches
as required by section 259.83;

(2) to any local, state, tribal, or federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized duties;

(3) to an attorney new text begin representing the subject of the vital record or another person listed in
clause (1), new text end upon evidence of the attorney's license;

(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes
of this section, a subpoena does not constitute a court order; or

(5) to a representative authorized by a person under clauses (1) to (4).

(b) The state registrar or local issuance office shall also issue a certified death record to
an individual described in paragraph (a), clause (1), items (ii) to deleted text begin (viii) deleted text end new text begin (xi) new text end , if, on behalf of
the individual, a licensed mortician furnishes the registrar with a properly completed
attestation in the form provided by the commissioner within 180 days of the time of death
of the subject of the death record. This paragraph is not subject to the requirements specified
in Minnesota Rules, part 4601.2600, subpart 5, item B.

Sec. 15.

new text begin [611A.95] CERTIFICATIONS FOR VICTIMS OF CRIMES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "certifying entity" means a state or local law enforcement agency;
new text end

new text begin (2) "criminal activity" means qualifying criminal activity pursuant to section
101(a)(15)(U)(iii) of the Immigration and Nationality Act, and includes the attempt,
conspiracy, or solicitation to commit such crimes; and
new text end

new text begin (3) "certification" means any certification or statement required by federal immigration
law including but not limited to the information required by United States Code, title 8,
section 1184(p), and United States Code, title 8, section 1184(o), including current United
States Citizenship and Immigration Services Form I-918, Supplement B, and United States
Citizenship and Immigration Services Form I-914, Supplement B, and any successor forms.
new text end

new text begin Subd. 2. new text end

new text begin Certification process. new text end

new text begin (a) A certifying entity shall process a certification
requested by a victim of criminal activity or a representative of the victim, including but
not limited to the victim's attorney, family member, or domestic violence or sexual assault
violence advocate, within the time period prescribed in paragraph (b).
new text end

new text begin (b) A certifying entity shall process the certification within 90 days of request, unless
the victim is in removal proceedings, in which case the certification shall be processed
within 14 days of the request. Requests for expedited certification must be affirmatively
raised at the time of the request.
new text end

new text begin (c) An active investigation, the filing of charges, or a prosecution or conviction are not
required for the victim of criminal activity to request and obtain the certification.
new text end

new text begin Subd. 3. new text end

new text begin Certifying entity; designated agent. new text end

new text begin (a) The head of a certifying entity shall
designate an agent to perform the following responsibilities:
new text end

new text begin (1) timely process requests for certification;
new text end

new text begin (2) provide outreach to victims of criminal activity to inform them of the entity's
certification process; and
new text end

new text begin (3) keep a written or electronic record of all certification requests and responses.
new text end

new text begin (b) All certifying entities shall implement a language access protocol for
non-English-speaking victims of criminal activity.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure prohibited; data classification. new text end

new text begin (a) A certifying entity is prohibited
from disclosing the immigration status of a victim of criminal activity or a representative
requesting the certification, except to comply with federal law or legal process, or if
authorized by the victim of criminal activity or the representative requesting the certification.
new text end

new text begin (b) Data provided to a certifying entity under this section is classified as private data
pursuant to section 13.02, subdivision 12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1, 2, and 4 are effective the day following final
enactment. Subdivision 3 is effective July 1, 2021.
new text end

Sec. 16. new text begin INITIAL APPOINTMENTS AND MEETINGS.
new text end

new text begin Appointing authorities for the Legislative Commission on Data Practices under Minnesota
Statutes, section 3.8844, must make initial appointments by June 1, 2021. The speaker of
the house of representatives must designate one member of the commission to convene the
first meeting of the commission by June 15, 2021.
new text end

ARTICLE 7

FORFEITURE

Section 1.

Minnesota Statutes 2020, section 169A.63, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Appropriate agency" means a law enforcement agency that has the authority to
make an arrest for a violation of a designated offense or to require a test under section
169A.51 (chemical tests for intoxication).

new text begin (c) "Asserting person" means a person, other than the driver alleged to have committed
a designated offense, claiming an ownership interest in a vehicle that has been seized or
restrained under this section.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Claimant" means an owner of a motor vehicle or a person claiming a leasehold
or security interest in a motor vehicle.

deleted text begin (d) deleted text end new text begin (e) new text end "Designated license revocation" includes a license revocation under section
169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant)
or a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 or 171.177; within ten years
of the first of two or more qualified prior impaired driving incidents.

deleted text begin (e) deleted text end new text begin (f) new text end "Designated offense" includes:

(1) a violation of section 169A.20 (driving while impaired) under the circumstances
described in section 169A.24 (first-degree driving while impaired) deleted text begin , or 169A.25
(second-degree driving while impaired) deleted text end ; or

(2) a violation of section 169A.20 or an ordinance in conformity with it deleted text begin : deleted text end new text begin within ten years
of the first of two qualified prior impaired driving incidents.
new text end

deleted text begin (i) by a person whose driver's license or driving privileges have been canceled as inimical
to public safety under section 171.04, subdivision 1, clause (10), and not reinstated; or
deleted text end

deleted text begin (ii) by a person who is subject to a restriction on the person's driver's license under
section 171.09 (commissioner's license restrictions), which provides that the person may
not use or consume any amount of alcohol or a controlled substance.
deleted text end

deleted text begin (f) deleted text end new text begin (g) new text end "Family or household member" means:

(1) a parent, stepparent, or guardian;

(2) any of the following persons related by blood, marriage, or adoption: brother, sister,
stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, great-aunt; or

(3) persons residing together or persons who regularly associate and communicate with
one another outside of a workplace setting.

deleted text begin (g) deleted text end new text begin (h) new text end "Motor vehicle" and "vehicle" do not include a vehicle which is stolen or taken
in violation of the law.

deleted text begin (h) deleted text end new text begin (i) new text end "Owner" means a person legally entitled to possession, use, and control of a motor
vehicle, including a lessee of a motor vehicle if the lease agreement has a term of 180 days
or more. There is a rebuttable presumption that a person registered as the owner of a motor
vehicle according to the records of the Department of Public Safety is the legal owner. For
purposes of this section, if a motor vehicle is owned jointly by two or more people, each
owner's interest extends to the whole of the vehicle and is not subject to apportionment.

deleted text begin (i) deleted text end new text begin (j) new text end "Prosecuting authority" means the attorney in the jurisdiction in which the
designated offense occurred who is responsible for prosecuting violations of a designated
offense or a designee. If a state agency initiated the forfeiture, and the attorney responsible
for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's
Office or its designee may initiate forfeiture under this section.

deleted text begin (j) deleted text end new text begin (k) new text end "Security interest" means a bona fide security interest perfected according to
section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is
required to be registered under chapter 168, is listed on the vehicle's title.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 169A.63, subdivision 7, is amended to read:

Subd. 7.

Limitations on vehicle forfeiture.

(a) A vehicle is presumed subject to forfeiture
under this section if:

(1) the driver is convicted of the designated offense upon which the forfeiture is based; new text begin
or
new text end

deleted text begin (2) the driver fails to appear for a scheduled court appearance with respect to the
designated offense charged and fails to voluntarily surrender within 48 hours after the time
required for appearance; or
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the driver's conduct results in a designated license revocation and the driver fails
to seek judicial review of the revocation in a timely manner as required by section 169A.53,
subdivision 2, (petition for judicial review), or the license revocation is judicially reviewed
and sustained under section 169A.53, subdivision 2.

(b) A vehicle encumbered by a security interest perfected according to section 168A.17,
subdivision 2, or subject to a lease that has a term of 180 days or more, is subject to the
interest of the secured party or lessor unless the party or lessor had knowledge of or consented
to the act upon which the forfeiture is based. However, when the proceeds of the sale of a
seized vehicle do not equal or exceed the outstanding loan balance, the appropriate agency
shall remit all proceeds of the sale to the secured party after deducting the agency's costs
for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the vehicle is
conducted in a commercially reasonable manner consistent with the provisions of section
336.9-610, the agency is not liable to the secured party for any amount owed on the loan in
excess of the sale proceeds. The validity and amount of a nonperfected security interest
must be established by its holder by clear and convincing evidence.

(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is
not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act
or omission upon which the forfeiture is based if the secured party or lessor demonstrates
by clear and convincing evidence that the party or lessor took reasonable steps to terminate
use of the vehicle by the offender.

deleted text begin (d) A motor vehicle is not subject to forfeiture under this section if any of its owners
who petition the court can demonstrate by clear and convincing evidence that the petitioning
owner did not have actual or constructive knowledge that the vehicle would be used or
operated in any manner contrary to law or that the petitioning owner took reasonable steps
to prevent use of the vehicle by the offender. If the offender is a family or household member
of any of the owners who petition the court and has three or more prior impaired driving
convictions, the petitioning owner is presumed to know of any vehicle use by the offender
that is contrary to law. "Vehicle use contrary to law" includes, but is not limited to, violations
of the following statutes:
deleted text end

deleted text begin (1) section 171.24 (violations; driving without valid license);
deleted text end

deleted text begin (2) section 169.791 (criminal penalty for failure to produce proof of insurance);
deleted text end

deleted text begin (3) section 171.09 (driving restrictions; authority, violations);
deleted text end

deleted text begin (4) section 169A.20 (driving while impaired);
deleted text end

deleted text begin (5) section 169A.33 (underage drinking and driving); and
deleted text end

deleted text begin (6) section 169A.35 (open bottle law).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Innocent owner. new text end

new text begin (a) An asserting person may bring an innocent owner claim
by notifying the prosecuting authority in writing and within 60 days of the service of the
notice of seizure.
new text end

new text begin (b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may
release the vehicle to the asserting person. If the prosecuting authority proceeds with the
forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the
name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle,
specifying that the vehicle was used in the commission of a designated offense or was used
in conduct resulting in a designated license revocation, and specifying the time and place
of the vehicle's unlawful use. The complaint may be filed in district court or conciliation
court and the filing fee is waived.
new text end

new text begin (c) A complaint filed by the prosecuting authority must be served on the asserting person
and on any other registered owners. Service may be made by certified mail at the address
listed in the Department of Public Safety's computerized motor vehicle registration records
or by any means permitted by court rules.
new text end

new text begin (d) The hearing on the complaint shall, to the extent practicable, be held within 30 days
of the filing of the petition. The court may consolidate the hearing on the complaint with a
hearing on any other complaint involving a claim of an ownership interest in the same
vehicle.
new text end

new text begin (e) At a hearing held pursuant to this subdivision, the prosecuting authority must:
new text end

new text begin (1) prove by a preponderance of the evidence that the seizure was incident to a lawful
arrest or a lawful search; and
new text end

new text begin (2) certify that the prosecuting authority has filed, or intends to file, charges against the
driver for a designated offense or that the driver has a designated license revocation.
new text end

new text begin (f) At a hearing held pursuant to this subdivision, the asserting person must prove by a
preponderance of the evidence that the asserting person:
new text end

new text begin (1) has an actual ownership interest in the vehicle; and
new text end

new text begin (2) did not have actual or constructive knowledge that the vehicle would be used or
operated in any manner contrary to law or that the asserting person took reasonable steps
to prevent use of the vehicle by the alleged offender.
new text end

new text begin (g) If the court determines that the state met both burdens under paragraph (e) and the
asserting person failed to meet any burden under paragraph (f), the court shall order that
the vehicle remains subject to forfeiture under this section.
new text end

new text begin (h) The court shall order that the vehicle is not subject to forfeiture under this section
and shall order the vehicle returned to the asserting person if it determines that:
new text end

new text begin (1) the state failed to meet any burden under paragraph (e);
new text end

new text begin (2) the asserting person proved both elements under paragraph (f); or
new text end

new text begin (3) clauses (1) and (2) apply.
new text end

new text begin (i) If the court determines that the asserting person is an innocent owner and orders the
vehicle returned to the innocent owner, an entity in possession of the vehicle is not required
to release it until the innocent owner pays:
new text end

new text begin (1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before
the innocent owner provided the notice required under paragraph (a); and
new text end

new text begin (2) any reasonable costs of storage of the vehicle incurred more than two weeks after
an order issued under paragraph (h).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 169A.63, subdivision 8, is amended to read:

Subd. 8.

Administrative forfeiture procedure.

(a) A motor vehicle used to commit a
designated offense or used in conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.

(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within
a reasonable time after seizure, the appropriate agency shall serve the driver or operator of
the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when
a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all
persons known to have an ownership, possessory, or security interest in the vehicle must
be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to
be registered under chapter 168, the notification to a person known to have a security interest
in the vehicle is required only if the vehicle is registered under chapter 168 and the interest
is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting
authority, a court may extend the time period for sending notice for a period not to exceed
90 days for good cause shown. Notice mailed by certified mail to the address shown in
Department of Public Safety records is sufficient notice to the registered owner of the
vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed
by certified mail to the address shown in the applicable filing or registration for the vehicle
is sufficient notice to a person known to have an ownership, possessory, or security interest
in the vehicle. Otherwise, notice may be given in the manner provided by law for service
of a summons in a civil action.

(c) The notice must be in writing and contain:

(1) a description of the vehicle seized;

(2) the date of seizure; and

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for
obtaining that judicial review, printed in English. This requirement does not preclude the
appropriate agency from printing the notice in other languages in addition to English.

Substantially the following language must appear conspicuously in the notice:

"WARNING: new text begin If you were the person arrested when the property was seized, new text end you will
automatically lose the above-described property and the right to be heard in court if you do
not file a lawsuit and serve the prosecuting authority within 60 days. You may file your
lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must
file in district court. You deleted text begin may deleted text end new text begin do new text end not have to pay a filing fee for your lawsuit deleted text begin if you are
unable to afford the fee. You do not have to pay a conciliation court fee if your property is
worth less than $500 deleted text end .

new text begin WARNING: If you have an ownership interest in the above-described property and were
not the person arrested when the property was seized, you will automatically lose the
above-described property and the right to be heard in court if you do not notify the
prosecuting authority of your interest in writing within 60 days. new text end "

(d) If notice is not sent in accordance with paragraph (b), and no time extension is granted
or the extension period has expired, the appropriate agency shall return the deleted text begin property deleted text end new text begin vehicle new text end
to the deleted text begin person from whom the property was seized, if known deleted text end new text begin owner new text end . An agency's return of
property due to lack of proper notice does not restrict the agency's authority to commence
a forfeiture proceeding at a later time. deleted text begin The agency shall not be required to return contraband
or other property that the person from whom the property was seized may not legally possess.
deleted text end

(e) Within 60 days following service of a notice of seizure and forfeiture under this
subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be filed with the court
administrator in the county in which the seizure occurred, together with proof of service of
a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture deleted text begin ,
including the standard filing fee for civil actions unless the petitioner has the right to sue
in forma pauperis under section 563.01 deleted text end . The claimant may serve the complaint by new text begin certified
mail or new text end any means permitted by court rules. If the value of the seized property is $15,000
or less, the claimant may file an action in conciliation court for recovery of the seized vehicle.
A copy of the conciliation court statement of claim must be served personally or by mail
on the prosecuting authority having jurisdiction over the forfeiture deleted text begin , as well as on the
appropriate agency that initiated the forfeiture, deleted text end within 60 days following service of the
notice of seizure and forfeiture under this subdivision. deleted text begin If the value of the seized property is
less than $500, deleted text end The claimant does not have to pay the deleted text begin conciliation deleted text end court filing fee.

No responsive pleading is required of the prosecuting authority and no court fees may
be charged for the prosecuting authority's appearance in the matter. The prosecuting authority
may appear for the appropriate agency. Pleadings, filings, and methods of service are
governed by the Rules of Civil Procedure.

(f) The complaint must be captioned in the name of the claimant as plaintiff and the
seized vehicle as defendant, and must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and
any affirmative defenses the claimant may have. Notwithstanding any law to the contrary,
an action for the return of a vehicle seized under this section may not be maintained by or
on behalf of any person who has been served with a notice of seizure and forfeiture unless
the person has complied with this subdivision.

(g) If the claimant makes a timely demand for a judicial determination under this
subdivision, the forfeiture proceedings must be conducted as provided under subdivision
9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 169A.63, subdivision 9, is amended to read:

Subd. 9.

Judicial forfeiture procedure.

(a) This subdivision governs judicial
determinations of the forfeiture of a motor vehicle used to commit a designated offense or
used in conduct resulting in a designated license revocation. An action for forfeiture is a
civil in rem action and is independent of any criminal prosecution. All proceedings are
governed by the Rules of Civil Procedure.

(b) If no demand for judicial determination of the forfeiture is pending, the prosecuting
authority may, in the name of the jurisdiction pursuing the forfeiture, file a separate complaint
against the vehicle, describing it, specifying that it was used in the commission of a
designated offense or was used in conduct resulting in a designated license revocation, and
specifying the time and place of its unlawful use.

(c) The prosecuting authority may file an answer to a properly served demand for judicial
determination, including an affirmative counterclaim for forfeiture. The prosecuting authority
is not required to file an answer.

(d) A judicial determination under this subdivision must be held at the earliest practicable
date, and in any event no later than 180 days following the filing of the demand by the
claimant. If a related criminal proceeding is pending, the hearing shall not be held until the
conclusion of the criminal proceedings. The district court administrator shall schedule the
hearing as soon as practicable after the conclusion of the criminal prosecution. The district
court administrator shall establish procedures to ensure efficient compliance with this
subdivision. The hearing is to the court without a jury.

(e) There is a presumption that a vehicle seized under this section is subject to forfeiture
if the prosecuting authority establishes that the vehicle was used in the commission of a
designated offense or designated license revocation. A claimant bears the burden of proving
any affirmative defense raised.

(f) If the forfeiture is based on the commission of a designated offense and the person
charged with the designated offense appears in court as required and is not convicted of the
offense, the court shall order the property returned to the person legally entitled to it upon
that person's compliance with the redemption requirements of section 169A.42. If the
forfeiture is based on a designated license revocation, and the license revocation is rescinded
under section 169A.53, subdivision 3 (judicial review hearing, issues, order, appeal), the
court shall order the property returned to the person legally entitled to it upon that person's
compliance with the redemption requirements of section 169A.42.

(g) If the lawful ownership of the vehicle used in the commission of a designated offense
or used in conduct resulting in a designated license revocation can be determined and the
owner makes the demonstration required under subdivision deleted text begin 7, paragraph (d) deleted text end new text begin 7a new text end , the vehicle
must be returned immediately upon the owner's compliance with the redemption requirements
of section 169A.42.

(h) If the court orders the return of a seized vehicle under this subdivision it deleted text begin must order
that filing fees be reimbursed to the person who filed the demand for judicial determination.
In addition, the court deleted text end may order sanctions under section 549.211 (sanctions in civil actions).
Any deleted text begin reimbursement fees or deleted text end sanctions must be paid from other forfeiture proceeds of the
law enforcement agency and prosecuting authority involved and in the same proportion as
distributed under subdivision 10, paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 169A.63, subdivision 10, is amended to read:

Subd. 10.

Disposition of forfeited vehicle.

(a) If the vehicle is administratively forfeited
under subdivision 8, or if the court finds under subdivision 9 that the vehicle is subject to
forfeiture under subdivisions 6 and 7, the appropriate agency shall:

(1) sell the vehicle and distribute the proceeds under paragraph (b); or

(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for
official use, it shall make reasonable efforts to ensure that the motor vehicle is available for
use by the agency's officers who participate in the drug abuse resistance education program.

(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, towing,
storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property,
must be distributed as follows:

(1) 70 percent of the proceeds must be forwarded to the appropriate agency for deposit
as a supplement to the state or local agency's operating fund or similar fund for use in
DWI-related enforcement, training, deleted text begin and deleted text end education new text begin , crime prevention, equipment, or capital
expenses new text end ; and

(2) 30 percent of the money or proceeds must be forwarded to the prosecuting authority
that handled the forfeiture for deposit as a supplement to its operating fund or similar fund
for prosecutorial purposes new text begin , training, education, crime prevention, equipment, or capital
expenses. For purposes of this subdivision, the prosecuting authority shall not include
privately contracted prosecutors of a local political subdivision and, in those events, the
forfeiture proceeds shall be forwarded to the political subdivision where the forfeiture was
handled for the purposes identified in clause (1) new text end .

(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell the
vehicle to: (1) an officer or employee of the agency that seized the property or to a person
related to the officer or employee by blood or marriage; or (2) the prosecuting authority or
any individual working in the same office or a person related to the authority or individual
by blood or marriage.

(d) Sales of forfeited vehicles under this section must be conducted in a commercially
reasonable manner.

(e) If a vehicle is forfeited administratively under this section and no demand for judicial
determination is made, the appropriate agency shall provide the prosecuting authority with
a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a
statement of probable cause for forfeiture of the property, and a description of the property
and its estimated value. Upon review and certification by the prosecuting authority that (1)
the appropriate agency provided a receipt in accordance with subdivision 2, paragraph (c),
(2) the appropriate agency served notice in accordance with subdivision 8, and (3) probable
cause for forfeiture exists based on the officer's statement, the appropriate agency may
dispose of the property in any of the ways listed in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 169A.63, subdivision 13, is amended to read:

Subd. 13.

Exception.

(a) new text begin A forfeiture proceeding is stayed and the vehicle must be
returned new text end if the driver deleted text begin who committed a designated offense or whose conduct resulted in a
designated license revocation deleted text end becomes a program participant in the ignition interlock program
under section 171.306 at any time before the motor vehicle is forfeited deleted text begin , the forfeiture
proceeding is stayed and the vehicle must be returned deleted text end new text begin and any of the following apply:
new text end

new text begin (1) the driver committed a designated offense other than a violation of section 169A.20
under the circumstances described in section 169A.24; or
new text end

new text begin (2) the driver is accepted into a treatment court dedicated to changing the behavior of
alcohol- and other drug-dependent offenders arrested for driving while impaired new text end .

(b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph
(a) may be seized and the forfeiture action may proceed under this section if the program
participant described in paragraph (a):

(1) subsequently operates a motor vehicle:

(i) to commit a violation of section 169A.20 (driving while impaired);

(ii) in a manner that results in a license revocation under section 169A.52 (license
revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license
disqualification under section 171.165 (commercial driver's license disqualification) resulting
from a violation of section 169A.52 or 171.177;

(iii) after tampering with, circumventing, or bypassing an ignition interlock device; or

(iv) without an ignition interlock device new text begin at any time when the driver's license requires
such device new text end ; deleted text begin or
deleted text end

(2) either voluntarily or involuntarily ceases to participate in the program for more than
30 days, or fails to successfully complete it as required by the Department of Public Safety
due to:

(i) two or more occasions of the participant's driving privileges being withdrawn for
violating the terms of the program, unless the withdrawal is determined to be caused by an
error of the department or the interlock provider; or

(ii) violating the terms of the contract with the provider as determined by the provider deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (3) if forfeiture was stayed after the driver entered a treatment court, the driver ceases
to be a participant in the treatment court for any reason.
new text end

(c) Paragraph (b) applies only if the described conduct occurs before the participant has
been restored to full driving privileges or within three years of the original designated offense
or designated license revocation, whichever occurs latest.

(d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide
a discounted rate to indigent program participants applies also to device installation under
this subdivision.

(e) An impound or law enforcement storage lot operator must allow an ignition interlock
manufacturer sufficient access to the lot to install an ignition interlock device under this
subdivision.

(f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required
to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have
been paid by the vehicle owner.

(g) At any time prior to the vehicle being forfeited, the appropriate agency may require
that the owner or driver of the vehicle deleted text begin give security or post bond payable to the appropriate
agency in an amount equal to the retail value deleted text end new text begin surrender the title new text end of the seized vehicle. deleted text begin If this
occurs, any future forfeiture action against the vehicle must instead proceed against the
security as if it were the vehicle.
deleted text end

deleted text begin (h) The appropriate agency may require an owner or driver to give security or post bond
payable to the agency in an amount equal to the retail value of the vehicle, prior to releasing
the vehicle from the impound lot to install an ignition interlock device.
deleted text end

deleted text begin (i) deleted text end new text begin (h) new text end If an event described in paragraph (b) occurs in a jurisdiction other than the one
in which the original forfeitable event occurred, and the vehicle is subsequently forfeited,
the proceeds shall be divided equally, after payment of seizure, towing, storage, forfeiture,
and sale expenses and satisfaction of valid liens against the vehicle, among the appropriate
agencies and prosecuting authorities in each jurisdiction.

deleted text begin (j) deleted text end new text begin (i) new text end Upon successful completion of the program, the stayed forfeiture proceeding is
terminated or dismissed and any vehicle, security, or bond held by an agency must be
returned to the owner of the vehicle.

deleted text begin (k) deleted text end new text begin (j) new text end A claimant of a vehicle for which a forfeiture action was stayed under paragraph
(a) but which later proceeds under paragraph (b), may file a demand for judicial forfeiture
as provided in subdivision 8, in which case the forfeiture proceedings must be conducted
as provided in subdivision 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to
read:

new text begin Subd. 14. new text end

new text begin Subsequent unlawful use of seized vehicle; immunity. new text end

new text begin An appropriate
agency or prosecuting authority, including but not limited to any peace officer as defined
in section 626.84, subdivision 1, paragraph (c); prosecutor; or employee of an appropriate
agency or prosecuting authority who, in good faith and within the course and scope of the
official duties of the person or entity, returns a vehicle seized under this chapter to the owner
pursuant to this section shall be immune from criminal or civil liability regarding any event
arising out of the subsequent unlawful or unauthorized use of the motor vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 9.

Minnesota Statutes 2020, section 609.531, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given them.

(a) "Conveyance device" means a device used for transportation and includes, but is not
limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment
attached to it. The term "conveyance device" does not include property which is, in fact,
itself stolen or taken in violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under section 609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department
of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the
Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District deleted text begin park deleted text end
deleted text begin rangers deleted text end new text begin Department of Public Safety new text end , the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, the Department of Corrections
Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a
multijurisdictional entity established under section 299A.642 or 299A.681.

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter, chapter 152 or 624;

(2) for driver's license or identification card transactions: any violation of section 171.22;
and

(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy
to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25;
609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343,
subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j);
609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section
609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a
felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.

(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
offense that is the basis for a forfeiture under sections 609.531 to 609.5318.

new text begin (i) "Asserting person" means a person, other than the driver alleged to have used a vehicle
in the transportation or exchange of a controlled substance intended for distribution or sale,
claiming an ownership interest in a vehicle that has been seized or restrained under this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 10.

Minnesota Statutes 2020, section 609.531, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Transfer of forfeitable property to federal government. new text end

new text begin The appropriate
agency shall not directly or indirectly transfer property subject to forfeiture under sections
609.531 to 609.5318 to a federal agency if the transfer would circumvent state law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2020, section 609.5311, subdivision 2, is amended to read:

Subd. 2.

Associated property.

(a) All new text begin personal new text end property deleted text begin , deleted text end new text begin and new text end real deleted text begin and personal deleted text end new text begin property new text end , new text begin
other than homestead property exempt from seizure under section 510.01, new text end that deleted text begin has been
used, or is intended for use, or has in any way facilitated, in whole or in part, the
manufacturing, compounding, processing, delivering, importing, cultivating, exporting,
transporting, or exchanging of contraband or a controlled substance that has not been lawfully
manufactured, distributed, dispensed, and acquired deleted text end new text begin is an instrument or represents the proceeds
of a controlled substance offense new text end is subject to forfeiture under this section, except as provided
in subdivision 3.

(b) The Department of Corrections Fugitive Apprehension Unit shall not seize real
property for the purposes of forfeiture under paragraph (a).

new text begin (c) Money is the property of an appropriate agency and may be seized and recovered by
the appropriate agency if:
new text end

new text begin (1) the money is used by an appropriate agency, or furnished to a person operating on
behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance;
and
new text end

new text begin (2) the appropriate agency records the serial number or otherwise marks the money for
identification.
new text end

new text begin As used in this paragraph, "money" means United States currency and coin; the currency
and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid
credit card; cryptocurrency; or a money order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2020, section 609.5311, subdivision 3, is amended to read:

Subd. 3.

Limitations on forfeiture of certain property associated with controlled
substances.

(a) A conveyance device is subject to forfeiture under this section only if the
retail value of the controlled substance is deleted text begin $75 deleted text end new text begin $100 new text end or more and the conveyance device deleted text begin is
associated with a felony-level controlled substance crime deleted text end new text begin was used in the transportation or
exchange of a controlled substance intended for distribution or sale new text end .

(b) Real property is subject to forfeiture under this section only if the retail value of the
controlled substance or contraband is $2,000 or more.

(c) Property used by any person as a common carrier in the transaction of business as a
common carrier is subject to forfeiture under this section only if the owner of the property
is a consenting party to, or is privy to, the use or intended use of the property as described
in subdivision 2.

(d) Property is subject to forfeiture under this section only if its owner was privy to the
use or intended use described in subdivision 2, or the unlawful use or intended use of the
property otherwise occurred with the owner's knowledge or consent.

(e) Forfeiture under this section of a conveyance device or real property encumbered by
a bona fide security interest is subject to the interest of the secured party unless the secured
party had knowledge of or consented to the act or omission upon which the forfeiture is
based. A person claiming a security interest bears the burden of establishing that interest
by clear and convincing evidence.

(f) Forfeiture under this section of real property is subject to the interests of a good faith
purchaser for value unless the purchaser had knowledge of or consented to the act or omission
upon which the forfeiture is based.

(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture
based solely on the owner's or secured party's knowledge of the unlawful use or intended
use of the property if: (1) the owner or secured party took reasonable steps to terminate use
of the property by the offender; or (2) the property is real property owned by the parent of
the offender, unless the parent actively participated in, or knowingly acquiesced to, a violation
of chapter 152, or the real property constitutes proceeds derived from or traceable to a use
described in subdivision 2.

new text begin (h) Money is subject to forfeiture under this section only if it has a total value of $1,500
or more or there is probable cause to believe that the money was exchanged for the purchase
of a controlled substance. As used in this paragraph, "money" means United States currency
and coin; the currency and coin of a foreign country; a bank check, cashier's check, or
traveler's check; a prepaid credit card; cryptocurrency; or a money order.
new text end

deleted text begin (h) deleted text end new text begin (i) new text end The Department of Corrections Fugitive Apprehension Unit shall not seize a
conveyance device or real property, for the purposes of forfeiture under paragraphs (a) to
(g).

new text begin (j) Nothing in this subdivision prohibits the seizure, with or without warrant, of any
property or thing for the purpose of being produced as evidence on any trial or for any other
lawful purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2020, section 609.5311, subdivision 4, is amended to read:

Subd. 4.

Records; proceeds.

deleted text begin (a) deleted text end All books, records, and research products and materials,
including formulas, microfilm, tapes, and data that are used, or intended for use in the
manner described in subdivision 2 are subject to forfeiture.

deleted text begin (b) All property, real and personal, that represents proceeds derived from or traceable
to a use described in subdivision 2 is subject to forfeiture.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2020, section 609.5314, subdivision 1, is amended to read:

Subdivision 1.

Property subject to administrative forfeiture deleted text begin ; presumption deleted text end .

(a) The
following are deleted text begin presumed to be deleted text end subject to administrative forfeiture under this section:

(1) all money new text begin totaling $1,500 or more new text end , precious metals, and precious stones deleted text begin found in
proximity to: deleted text end new text begin that there is probable cause to believe represent the proceeds of a controlled
substance offense;
new text end

deleted text begin (i) controlled substances;
deleted text end

deleted text begin (ii) forfeitable drug manufacturing or distributing equipment or devices; or
deleted text end

deleted text begin (iii) forfeitable records of manufacture or distribution of controlled substances;
deleted text end

new text begin (2) all money found in proximity to controlled substances when there is probable cause
to believe that the money was exchanged for the purchase of a controlled substance;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end all conveyance devices containing controlled substances with a retail value of
$100 or more if deleted text begin possession or sale of the controlled substance would be a felony under
chapter 152 deleted text end new text begin there is probable cause to believe that the conveyance device was used in the
transportation or exchange of a controlled substance intended for distribution or sale new text end ; and

deleted text begin (3) deleted text end new text begin (4) new text end all firearms, ammunition, and firearm accessories found:

(i) in a conveyance device used or intended for use to commit or facilitate the commission
of a felony offense involving a controlled substance;

(ii) on or in proximity to a person from whom a felony amount of controlled substance
is seized; or

(iii) on the premises where a controlled substance is seized and in proximity to the
controlled substance, if possession or sale of the controlled substance would be a felony
under chapter 152.

(b) The Department of Corrections Fugitive Apprehension Unit shall not seize items
listed in paragraph (a), clauses deleted text begin (2) deleted text end new text begin (3) new text end and deleted text begin (3) deleted text end new text begin (4) new text end , for the purposes of forfeiture.

(c) deleted text begin A claimant of the property bears the burden to rebut this presumption. deleted text end new text begin Money is the
property of an appropriate agency and may be seized and recovered by the appropriate
agency if:
new text end

new text begin (1) the money is used by an appropriate agency, or furnished to a person operating on
behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance;
and
new text end

new text begin (2) the appropriate agency records the serial number or otherwise marks the money for
identification.
new text end

new text begin (d) As used in this section, "money" means United States currency and coin; the currency
and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid
credit card; cryptocurrency; or a money order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2020, section 609.5314, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Innocent owner. new text end

new text begin (a) Any person, other than the defendant driver, alleged to
have used a vehicle in the transportation or exchange of a controlled substance intended for
distribution or sale, claiming an ownership interest in a vehicle that has been seized or
restrained under this section may assert that right by notifying the prosecuting authority in
writing and within 60 days of the service of the notice of seizure.
new text end

new text begin (b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may
release the vehicle to the asserting person. If the prosecuting authority proceeds with the
forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the
name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle,
specifying that the vehicle was used in the transportation or exchange of a controlled
substance intended for distribution or sale, and specifying the time and place of the vehicle's
unlawful use. The complaint may be filed in district court or conciliation court and the filing
fee is waived.
new text end

new text begin (c) A complaint filed by the prosecuting authority must be served on the asserting person
and on any other registered owners. Service may be made by certified mail at the address
listed in the Department of Public Safety's computerized motor vehicle registration records
or by any means permitted by court rules.
new text end

new text begin (d) The hearing on the complaint shall, to the extent practicable, be held within 30 days
of the filing of the petition. The court may consolidate the hearing on the complaint with a
hearing on any other complaint involving a claim of an ownership interest in the same
vehicle.
new text end

new text begin (e) At a hearing held pursuant to this subdivision, the state must prove by a preponderance
of the evidence that:
new text end

new text begin (1) the seizure was incident to a lawful arrest or a lawful search; and
new text end

new text begin (2) the vehicle was used in the transportation or exchange of a controlled substance
intended for distribution or sale.
new text end

new text begin (f) At a hearing held pursuant to this subdivision, the asserting person must prove by a
preponderance of the evidence that the asserting person:
new text end

new text begin (1) has an actual ownership interest in the vehicle; and
new text end

new text begin (2) did not have actual or constructive knowledge that the vehicle would be used or
operated in any manner contrary to law or that the asserting person took reasonable steps
to prevent use of the vehicle by the alleged offender.
new text end

new text begin (g) If the court determines that the state met both burdens under paragraph (e) and the
asserting person failed to meet any burden under paragraph (f), the court shall order that
the vehicle remains subject to forfeiture under this section.
new text end

new text begin (h) The court shall order that the vehicle is not subject to forfeiture under this section
and shall order the vehicle returned to the asserting person if it determines that:
new text end

new text begin (1) the state failed to meet any burden under paragraph (e);
new text end

new text begin (2) the asserting person proved both elements under paragraph (f); or
new text end

new text begin (3) clauses (1) and (2) apply.
new text end

new text begin (i) If the court determines that the asserting person is an innocent owner and orders the
vehicle returned to the innocent owner, an entity in possession of the vehicle is not required
to release the vehicle until the innocent owner pays:
new text end

new text begin (1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before
the innocent owner provided the notice required under paragraph (a); and
new text end

new text begin (2) any reasonable costs of storage of the vehicle incurred more than two weeks after
an order issued under paragraph (h).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2020, section 609.5314, subdivision 2, is amended to read:

Subd. 2.

Administrative forfeiture procedure.

(a) Forfeiture of property described in
subdivision 1 that does not exceed $50,000 in value is governed by this subdivision. Within
60 days from when seizure occurs, all persons known to have an ownership, possessory, or
security interest in seized property must be notified of the seizure and the intent to forfeit
the property. In the case of a motor vehicle required to be registered under chapter 168,
notice mailed by certified mail to the address shown in Department of Public Safety records
is deemed sufficient notice to the registered owner. The notification to a person known to
have a security interest in seized property required under this paragraph applies only to
motor vehicles required to be registered under chapter 168 and only if the security interest
is listed on the vehicle's title. Upon motion by the appropriate agency or the prosecuting
authority, a court may extend the time period for sending notice for a period not to exceed
90 days for good cause shown.

(b) Notice may otherwise be given in the manner provided by law for service of a
summons in a civil action. The notice must be in writing and contain:

(1) a description of the property seized;

(2) the date of seizure; and

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for
obtaining that judicial review, printed in English. This requirement does not preclude the
appropriate agency from printing the notice in other languages in addition to English.

Substantially the following language must appear conspicuously in the notice:

"WARNING: new text begin If you were the person arrested when the property was seized, new text end you will
automatically lose the above-described property and the right to be heard in court if you do
not file a lawsuit and serve the prosecuting authority within 60 days. You may file your
lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must
file in district court. You deleted text begin may deleted text end new text begin do new text end not have to pay a filing fee for your lawsuit deleted text begin if you are
unable to afford the fee. You do not have to pay a conciliation court fee if your property is
worth less than $500 deleted text end .

new text begin WARNING: If you have an ownership interest in the above-described property and were
not the person arrested when the property was seized, you will automatically lose the
above-described property and the right to be heard in court if you do not notify the
prosecuting authority of your interest in writing within 60 days. new text end "

(c) If notice is not sent in accordance with paragraph (a), and no time extension is granted
or the extension period has expired, the appropriate agency shall return the property to the
person from whom the property was seized, if known. An agency's return of property due
to lack of proper notice does not restrict the agency's authority to commence a forfeiture
proceeding at a later time. The agency shall not be required to return contraband or other
property that the person from whom the property was seized may not legally possess.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2020, section 609.5314, subdivision 3, is amended to read:

Subd. 3.

Judicial determination.

(a) Within 60 days following service of a notice of
seizure and forfeiture under this section, a claimant may file a demand for a judicial
determination of the forfeiture. The demand must be in the form of a civil complaint and
must be filed with the court administrator in the county in which the seizure occurred,
together with proof of service of a copy of the complaint on the prosecuting authority for
that county deleted text begin , and the standard filing fee for civil actions unless the petitioner has the right
to sue in forma pauperis under section 563.01 deleted text end . The claimant may serve the complaint on
the prosecuting authority by any means permitted by court rules. If the value of the seized
property is $15,000 or less, the claimant may file an action in conciliation court for recovery
of the seized property. deleted text begin If the value of the seized property is less than $500, deleted text end The claimant
does not have to pay the deleted text begin conciliation deleted text end court filing fee. No responsive pleading is required of
the prosecuting authority and no court fees may be charged for the prosecuting authority's
appearance in the matter. The district court administrator shall schedule the hearing as soon
as practicable after, and in any event no later than 90 days following, the conclusion of the
criminal prosecution. The proceedings are governed by the Rules of Civil Procedure.

(b) The complaint must be captioned in the name of the claimant as plaintiff and the
seized property as defendant, and must state with specificity the grounds on which the
claimant alleges the property was improperly seized and the plaintiff's interest in the property
seized. Notwithstanding any law to the contrary, an action for the return of property seized
under this section may not be maintained by or on behalf of any person who has been served
with a notice of seizure and forfeiture unless the person has complied with this subdivision.

(c) If the claimant makes a timely demand for judicial determination under this
subdivision, the appropriate agency must conduct the forfeiture under section 609.531,
subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3,
apply to the judicial determination.

(d) If a demand for judicial determination of an administrative forfeiture is filed under
this subdivision and the court orders the return of the seized property, deleted text begin the court shall order
that filing fees be reimbursed to the person who filed the demand. In addition, deleted text end the court
may order sanctions under section 549.211. If the court orders payment of these costs, they
must be paid from forfeited money or proceeds from the sale of forfeited property from the
appropriate law enforcement and prosecuting agencies in the same proportion as they would
be distributed under section 609.5315, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2020, section 609.5315, subdivision 5, is amended to read:

Subd. 5.

Distribution of money.

The money or proceeds from the sale of forfeited
property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction
of valid liens against the property, must be distributed as follows:

(1) 70 percent of the money or proceeds must be forwarded to the appropriate agency
for deposit as a supplement to the agency's operating fund or similar fund for use in law
enforcement new text begin , training, education, crime prevention, equipment, or capital expenses new text end ;

(2) 20 percent of the money or proceeds must be forwarded to the prosecuting authority
that handled the forfeiture for deposit as a supplement to its operating fund or similar fund
for prosecutorial purposes new text begin , training, education, crime prevention, equipment, or capital
expenses new text end ; and

(3) the remaining ten percent of the money or proceeds must be forwarded within 60
days after resolution of the forfeiture to the state treasury and credited to the general fund.
Any local police relief association organized under chapter 423 which received or was
entitled to receive the proceeds of any sale made under this section before the effective date
of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds
of these sales.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2020, section 609.5315, subdivision 5b, is amended to read:

Subd. 5b.

Disposition of certain forfeited proceeds; trafficking of persons deleted text begin ; report
required deleted text end .

deleted text begin (a) deleted text end Except as provided in subdivision 5c, for forfeitures resulting from violations
of section 609.282, 609.283, or 609.322, the money or proceeds from the sale of forfeited
property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction
of valid liens against the property, must be distributed as follows:

(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit
as a supplement to the agency's operating fund or similar fund for use in law enforcement;

(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled
the forfeiture for deposit as a supplement to its operating fund or similar fund for
prosecutorial purposes; and

(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of
health and are appropriated to the commissioner for distribution to crime victims services
organizations that provide services to victims of trafficking offenses.

deleted text begin (b) By February 15 of each year, the commissioner of public safety shall report to the
chairs and ranking minority members of the senate and house of representatives committees
or divisions having jurisdiction over criminal justice funding on the money collected under
paragraph (a), clause (3). The report must indicate the following relating to the preceding
calendar year:
deleted text end

deleted text begin (1) the amount of money appropriated to the commissioner;
deleted text end

deleted text begin (2) how the money was distributed by the commissioner; and
deleted text end

deleted text begin (3) what the organizations that received the money did with it.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2020, section 609.5315, subdivision 6, is amended to read:

Subd. 6.

Reporting requirement.

(a) For each forfeiture occurring in the state regardless
of the authority for it new text begin and including forfeitures pursued under federal law new text end , the appropriate
agency and the prosecuting authority shall provide a written record of the forfeiture incident
to the state auditor. The record shall include new text begin :
new text end

new text begin (1) new text end the amount forfeited deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end the statutory authority for the forfeiture deleted text begin , its deleted text end new text begin ;
new text end

new text begin (3) the new text end date deleted text begin , deleted text end new text begin of the forfeiture;
new text end

new text begin (4) new text end a brief description of the circumstances involved deleted text begin , and deleted text end new text begin ;
new text end

new text begin (5) new text end whether the forfeiture was contested deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) whether the defendant was convicted pursuant to a plea agreement or a trial;
new text end

new text begin (7) whether there was a forfeiture settlement agreement;
new text end

new text begin (8) whether the property was sold, destroyed, or retained by an appropriate agency;
new text end

new text begin (9) the gross revenue from the disposition of the forfeited property;
new text end

new text begin (10) an estimate of the total costs to the agency to store the property in an impound lot,
evidence room, or other location; pay for the time and expenses of an appropriate agency
and prosecuting authority to litigate forfeiture cases; and sell or dispose of the forfeited
property;
new text end

new text begin (11) the net revenue, determined by subtracting the costs identified under clause (10)
from the gross revenue identified in clause (9), the appropriate agency received from the
disposition of forfeited property;
new text end

new text begin (12) if any property was retained by an appropriate agency, the purpose for which it is
used;
new text end

new text begin (13) new text end for controlled substance and driving while impaired forfeitures, deleted text begin the record shall
indicate deleted text end whether the forfeiture was initiated as an administrative or a judicial forfeiture deleted text begin .
The record shall also list deleted text end new text begin ;
new text end

new text begin (14) new text end the number of firearms forfeited and the make, model, and serial number of each
firearm forfeited deleted text begin . The record shall indicate deleted text end new text begin ; and
new text end

new text begin (15) new text end how the property was or is to be disposed of.

(b) An appropriate agency or the prosecuting authority shall report to the state auditor
all instances in which property seized for forfeiture is returned to its owner either because
forfeiture is not pursued or for any other reason.

new text begin (c) Each appropriate agency and prosecuting authority shall provide a written record
regarding the proceeds of forfeited property, including proceeds received through forfeiture
under state and federal law. The record shall include:
new text end

new text begin (1) the total amount of money or proceeds from the sale of forfeited property obtained
or received by an appropriate agency or prosecuting authority in the previous reporting
period;
new text end

new text begin (2) the manner in which each appropriate agency and prosecuting authority expended
money or proceeds from the sale of forfeited property in the previous reporting period,
including the total amount expended in the following categories:
new text end

new text begin (i) drug abuse, crime, and gang prevention programs;
new text end

new text begin (ii) victim reparations;
new text end

new text begin (iii) gifts or grants to crime victim service organizations that provide services to sexually
exploited youth;
new text end

new text begin (iv) gifts or grants to crime victim service organizations that provide services to victims
of trafficking offenses;
new text end

new text begin (v) investigation costs, including but not limited to witness protection, informant fees,
and controlled buys;
new text end

new text begin (vi) court costs and attorney fees;
new text end

new text begin (vii) salaries, overtime, and benefits, as permitted by law;
new text end

new text begin (viii) professional outside services, including but not limited to auditing, court reporting,
expert witness fees, outside attorney fees, and membership fees paid to trade associations;
new text end

new text begin (ix) travel, meals, and conferences;
new text end

new text begin (x) training and continuing education;
new text end

new text begin (xi) other operating expenses, including but not limited to office supplies, postage, and
printing;
new text end

new text begin (xii) capital expenditures, including but not limited to vehicles, firearms, equipment,
computers, and furniture;
new text end

new text begin (xiii) gifts or grants to nonprofit or other programs, indicating the recipient of the gift
or grant; and
new text end

new text begin (xiv) any other expenditure, indicating the type of expenditure and, if applicable, the
recipient of any gift or grant;
new text end

new text begin (3) the total value of seized and forfeited property held by an appropriate agency and
not sold or otherwise disposed of; and
new text end

new text begin (4) a statement from the end of each year showing the balance of any designated forfeiture
accounts maintained by an appropriate agency or prosecuting authority.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Reports new text begin under paragraphs (a) and (b) new text end shall be made on a deleted text begin monthly deleted text end new text begin quarterly new text end basis
in a manner prescribed by the state auditor new text begin and reports under paragraph (c) shall be made
on an annual basis in a manner prescribed by the state auditor new text end . The state auditor shall report
annually to the legislature on the nature and extent of forfeitures deleted text begin . deleted text end new text begin , including the information
provided by each appropriate agency or prosecuting authority under paragraphs (a) to (c).
Summary data on seizures, forfeitures, and expenditures of forfeiture proceeds shall be
disaggregated by each appropriate agency and prosecuting authority. The report shall be
made public on the state auditor's website.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end For forfeitures resulting from the activities of multijurisdictional law enforcement
entities, the entity on its own behalf shall report the information required in this subdivision.

deleted text begin (e) deleted text end new text begin (f) new text end The prosecuting authority is not required to report information required by deleted text begin this
subdivision deleted text end new text begin paragraph (a) or (b) new text end unless the prosecuting authority has been notified by the
state auditor that the appropriate agency has not reported it.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 21. new text begin RECIDIVISM STUDY.
new text end

new text begin The legislative auditor shall conduct or contract with an independent third-party vendor
to conduct a comprehensive program audit on the efficacy of forfeiture and the use of ignition
interlock in cases involving an alleged violation of Minnesota Statutes, section 169A.20.
The audit shall assess the financial impact of the programs, the efficacy in reducing
recidivism, and the impacts, if any, on public safety. The audit shall be conducted in
accordance with generally accepted government auditing standards issued by the United
States Government Accountability Office. The legislative auditor shall complete the audit
no later than August 1, 2024, and shall report the results of the audit to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over public
safety by January 15, 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 609.5317, 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 January 1, 2022.
new text end

APPENDIX

Repealed Minnesota Statutes: H1030-1

609.5317 REAL PROPERTY; SEIZURES.

Subdivision 1.

Rental property.

(a) When contraband or a controlled substance manufactured, distributed, or acquired in violation of chapter 152 is seized on residential rental property incident to a lawful search or arrest, the prosecuting authority shall give the notice required by this subdivision to (1) the landlord of the property or the fee owner identified in the records of the county assessor, and (2) the agent authorized by the owner to accept service pursuant to section 504B.181. The notice is not required during an ongoing investigation. The notice shall state what has been seized and specify the applicable duties and penalties under this subdivision. The notice shall state that the landlord who chooses to assign the right to bring an eviction action retains all rights and duties, including removal of a tenant's personal property following issuance of the writ of recovery and delivery of the writ to the sheriff for execution. The notice shall also state that the landlord may contact the prosecuting authority if threatened by the tenant. Notice shall be sent by certified letter, return receipt requested, within 30 days of the seizure. If receipt is not returned, notice shall be given in the manner provided by law for service of summons in a civil action.

(b) Within 15 days after notice of the first occurrence, the landlord shall bring, or assign to the prosecuting authority of the county in which the real property is located, the right to bring an eviction action against the tenant. The assignment must be in writing on a form prepared by the prosecuting authority. Should the landlord choose to assign the right to bring an eviction action, the assignment shall be limited to those rights and duties up to and including delivery of the writ of recovery to the sheriff for execution.

(c) Upon notice of a second occurrence on any residential rental property owned by the same landlord in the same county and involving the same tenant, and within one year after notice of the first occurrence, the property is subject to forfeiture under sections 609.531, 609.5311, 609.5313, and 609.5315, unless an eviction action has been commenced as provided in paragraph (b) or the right to bring an eviction action was assigned to the prosecuting authority as provided in paragraph (b). If the right has been assigned and not previously exercised, or if the prosecuting authority requests an assignment and the landlord makes an assignment, the prosecuting authority may bring an eviction action rather than an action for forfeiture.

(d) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture as described in paragraphs (a) to (c).

Subd. 2.

Additional remedies.

Nothing in subdivision 1 prevents the prosecuting authority from proceeding under section 609.5311 whenever that section applies.

Subd. 3.

Defenses.

It is a defense against a proceeding under subdivision 1, paragraph (b), that the tenant had no knowledge or reason to know of the presence of the contraband or controlled substance or could not prevent its being brought onto the property.

It is a defense against a proceeding under subdivision 1, paragraph (c), that the landlord made every reasonable attempt to evict a tenant or to assign the prosecuting authority the right to bring an eviction action against the tenant, or that the landlord did not receive notice of the seizure.

Subd. 4.

Limitations.

This section shall not apply if the retail value of the controlled substance is less than $100, but this section does not subject real property to forfeiture under section 609.5311 unless the retail value of the controlled substance is: (1) $1,000 or more; or (2) there have been two previous controlled substance seizures involving the same tenant.