Minnesota Legislature
HF 1404
2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 12:34pm
Current Version - 2nd Engrossment
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A bill for an act
relating to state government; modifying various data practices, human rights, and
civil law provisions; classifying data; adopting the Uniform Registration of
Canadian Money Judgments Act; imposing penalties; amending Minnesota Statutes
2020, sections 5B.02; 5B.05; 5B.10, subdivision 1; 13.045, subdivisions 1, 2, 3,
4a; 13.32, subdivisions 1, 3, 5, by adding subdivisions; 84.775, subdivisions 1, 4;
259.11; 260C.101, subdivision 2; 357.17; 359.04; 363A.03, by adding a subdivision;
363A.08, by adding a subdivision; 363A.11, subdivision 2; 363A.21, subdivision
1; 517.04; 517.08, subdivision 1b; 604.21; 609.748, subdivision 2; 626A.35, by
adding a subdivision; Minnesota Statutes 2021 Supplement, sections 169A.63,
subdivision 8; 299C.72, subdivision 2; 363A.50; 609.5314, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapters 13; 259; 260C; 325E; 359;
548; repealing Minnesota Statutes 2020, sections 363A.20, subdivision 3; 363A.27.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GOVERNMENT DATA PRACTICES AND PRIVACY
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
periodicalsdeleted text begin ,deleted text end and catalogues,new text begin and (2) packages and parcelsnew text end unless they are clearly identifiable
asnew text begin nonrefrigeratednew text end pharmaceuticals or clearly indicate that they are sent bynew text begin the federal
government ornew text end a state or county government agencynew text begin of the continental United States, Hawaii,
District of Columbia, or United States territoriesnew 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 personnew text begin or entitynew 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 new text begin participant's name or address identified by the
participant on the notice. If identified on the notice, the individual receiving the notice must
not knowingly disclose the new text end 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 landlorddeleted text end must not require the display
ofnew 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 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 anydeleted 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 todeleted text end new text begin such as new text end the program participant's
residential address, work address, deleted text begin anddeleted 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 countydeleted text end as
part of the county real estate document recording system for use by the publicnew text begin , data on
assessments, data on real or personal property taxation, and other data on real propertynew text end .
Sec. 5.
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, todeleted 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 recorderdeleted text end . The deleted text begin county recorderdeleted text end new text begin recipient of the noticenew 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 reneweddeleted text end new text begin legal name changesnew text end . The real property notice is private
data on individuals.
Sec. 6.
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 ondeleted text end new text begin for whichnew text end a program participant deleted text begin who
submits a noticedeleted text end new text begin seeks protectionnew 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 entitydeleted 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 entitynew 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. 7.
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 recorderdeleted text end under subdivision 2, paragraph (b), the deleted text begin county recorderdeleted 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 noticenew text begin in the entity's real property recordsnew 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 authorizationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) the data are 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 thedeleted 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 recorderdeleted 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) deleted text begin 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
county recorder shall provide a copy of the notice to the person who maintains the property
tax records in that county, anddeleted text end new text begin If the recipient of the real property notice is the county
recorder, the county recorder shall notify the county's responsible authority and provide a
copy to the secretary of state at the address specified in the notice. If the recipient of the
notice is the responsible authority, the responsible authority shallnew text end 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 propertynew text begin created ornew text end recorded subsequent to the deleted text begin county'sdeleted 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 participantnew text begin . Notification under this paragraph
must be given by the government entity to the secretary of state within 90 days of the
terminationnew text end ;
(2) the real property notice is terminated pursuant to a court ordernew text begin . Notification under
this paragraph must be given by the government entity to the secretary of state within 90
days of the terminationnew text end ;
(3) the program participant no longer holds a record interest in the real property identified
in the real property noticenew text begin . Notification under this paragraph must be given by the government
entity to the secretary of state within 90 days of the terminationnew text end ; or
(4) the secretary of state has given written notice to the deleted text begin county recorderdeleted text end new text begin government
entitynew 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 recorderdeleted text end new text begin government entitynew 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. 8.
new text begin
[13.204] POLITICAL SUBDIVISIONS LICENSING DATA.
new text end
new text begin
(a) The following data submitted to a political subdivision by a person seeking to obtain
a license are classified as private data on individuals or nonpublic data:
new text end
new text begin
(1) a tax return, as defined by section 270B.01, subdivision 2; and
new text end
new text begin
(2) a bank account statement.
new text end
new text begin
(b) Notwithstanding section 138.17, data collected by a political subdivision as part of
a license application and classified under paragraph (a) must be destroyed no later than 90
days after a final decision on the license application.
new text end
Sec. 9.
Minnesota Statutes 2020, section 13.32, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section:
(a) "Educational data" means data on individuals maintained by a public educational
agency or institution or by a person acting for the agency or institution which relates to a
student.
Records of instructional personnel which are in the sole possession of the maker thereof
and are not accessible or revealed to any other individual except a substitute teacher, and
are destroyed at the end of the school year, shall not be deemed to be government data.
Records of a law enforcement unit of a public educational agency or institution which
are maintained apart from education data and are maintained solely for law enforcement
purposes, and are not disclosed to individuals other than law enforcement officials of the
jurisdiction are not educational data; provided, that education records maintained by the
educational agency or institution are not disclosed to the personnel of the law enforcement
unit. The University of Minnesota police department is a law enforcement agency for
purposes of section 13.82 and other sections of Minnesota Statutes dealing with law
enforcement records. Records of organizations providing security services to a public
educational agency or institution must be administered consistent with section 13.861.
Records relating to a student who is employed by a public educational agency or
institution which are made and maintained in the normal course of business, relate exclusively
to the individual in that individual's capacity as an employee, and are not available for use
for any other purpose are classified pursuant to section 13.43.
(b) "Juvenile justice system" includes criminal justice agencies and the judiciary when
involved in juvenile justice activities.
new text begin
(c) "Parent" means a parent of a student and includes a natural parent, a guardian, or an
individual acting as a parent in the absence of a parent or a guardian.
new text end
new text begin
(d) "School-issued device" means hardware or software that a public educational agency
or institution, acting independently or with a technology provider, provides to an individual
student for that student's dedicated personal use. A school-issued device includes a device
issued through a one-to-one program.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end "Student" means an individual currently or formerly enrolled or registered,
applicants for enrollment or registration at a public educational agency or institution, or
individuals who receive shared time educational services from a public agency or institution.
deleted text begin (d)deleted text end new text begin (f)new text end "Substitute teacher" means an individual who performs on a temporary basis the
duties of the individual who made the record, but does not include an individual who
permanently succeeds to the position of the maker of the record.
new text begin
(g) "Technology provider" means a person who:
new text end
new text begin
(1) contracts with a public educational agency or institution, as part of a one-to-one
program or otherwise, to provide a school-issued device for student use; and
new text end
new text begin
(2) creates, receives, or maintains educational data pursuant or incidental to a contract
with a public educational agency or institution.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2022-2023 school year and later.
new text end
Sec. 10.
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 meetingsdeleted text begin .deleted text end new text begin ;
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; or
new text end
new text begin
(s) a student's name, home address, telephone number, e-mail address, or other personal
contact information may be disclosed to a government entity that is determined to have a
legitimate educational interest in the data and that is conducting a service, activity, or event
sponsored by or endorsed by the educational agency or institution for students or former
students.
new text end
Sec. 11.
Minnesota Statutes 2020, section 13.32, subdivision 5, is amended to read:
Subd. 5.
Directory information.
deleted text begin Informationdeleted text end new text begin (a) Educational datanew text end designated as directory
informationnew text begin is public data on individuals to the extent required under federal law. Directory
information must be designatednew text end pursuant to the provisions ofnew text begin :
new text end
new text begin
(1) this subdivision; and
new text end
new text begin (2)new text end United States Code, title 20, section 1232g, and Code of Federal Regulations, title
34, section 99.37, which deleted text begin aredeleted text end new text begin werenew text end in effect on January 3, 2012deleted text begin , is public data on individuals,
to the extent required under federal lawdeleted text end .
new text begin (b)new text end When conducting the directory information designation and notice process required
by federal law, an educational agency or institution shall give parents and students notice
of the right to refuse to let the agency or institution designate deleted text begin any or alldeleted text end new text begin specifiednew text end data about
the student as directory information. This notice may be given by any means reasonably
likely to inform the parents and students of the right.
new text begin
(c) An educational agency or institution may not designate a student's home address,
telephone number, e-mail address, or other personal contact information as directory
information under this subdivision. This paragraph does not apply to a postsecondary
institution.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
Beginning upon the effective date of this section, a student's personal contact information
subject to this section must be treated by an educational agency or institution as private
educational data under Minnesota Statutes, section 13.32, regardless of whether that contact
information was previously designated as directory information under Minnesota Statutes,
section 13.32, subdivision 5.
new text end
Sec. 12.
Minnesota Statutes 2020, section 13.32, is amended by adding a subdivision to
read:
new text begin Subd. 13. new text end
new text begin Technology providers. new text end
new text begin
(a) A technology provider is subject to the provisions
of section 13.05, subdivision 11.
new text end
new text begin
(b) All educational data created, received, maintained, or disseminated by a technology
provider pursuant or incidental to a contract with a public educational agency or institution
are not the technology provider's property.
new text end
new text begin
(c) If educational data maintained by the technology provider are subject to a breach of
the security of the data, as defined in section 13.055, the technology provider must, following
discovery of the breach, disclose to the public educational agency or institution all
information necessary to fulfill the requirements of section 13.055.
new text end
new text begin
(d) Unless renewal of the contract is reasonably anticipated, within 30 days of the
expiration of the contract, a technology provider must destroy or return to the appropriate
public educational agency or institution all educational data created, received, or maintained
pursuant or incidental to the contract.
new text end
new text begin
(e) A technology provider must not sell, share, or disseminate educational data, except
as provided by this section or as part of a valid delegation or assignment of its contract with
a public educational agency or institution. An assignee or delegee that creates, receives, or
maintains educational data is subject to the same restrictions and obligations under this
section as the technology provider.
new text end
new text begin
(f) A technology provider must not use educational data for any commercial purpose,
including but not limited to marketing or advertising to a student or parent.
new text end
new text begin
(g) A technology provider must establish written procedures to ensure appropriate
security safeguards for educational data. These procedures must require that:
new text end
new text begin
(1) the technology provider's employees or contractors have access to educational data
only if authorized; and
new text end
new text begin
(2) the technology provider's employees or contractors may be authorized to access
educational data only if access is necessary to fulfill the official duties of the employee or
contractor.
new text end
new text begin
These written procedures are public data.
new text end
new text begin
(h) Within 30 days of the start of each school year, a public educational agency or
institution must give parents and students direct, timely notice, by United States mail, e-mail,
or other direct form of communication, of any curriculum, testing, or assessment technology
provider contract affecting a student's educational data. The notice must:
new text end
new text begin
(1) identify each curriculum, testing, or assessment technology provider with access to
educational data;
new text end
new text begin
(2) identify the educational data affected by the curriculum, testing, or assessment
technology provider contract; and
new text end
new text begin
(3) include information about the contract inspection and, if applicable, the parent or
student's ability to opt out of any program or activity that allows a curriculum, testing, or
assessment technology provider to access a student's educational data.
new text end
new text begin
(i) A public educational agency or institution must provide parents and students an
opportunity to inspect a complete copy of any contract with a technology provider.
new text end
new text begin
(j) A public educational agency or institution must not penalize or withhold an educational
benefit from a parent or student who opts out of any program or activity that allows a
technology provider to access a student's educational data.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2022-2023 school year and later.
new text end
Sec. 13.
Minnesota Statutes 2020, section 13.32, is amended by adding a subdivision to
read:
new text begin Subd. 14. new text end
new text begin School-issued devices. new text end
new text begin
(a) Except as provided in paragraph (b), a government
entity or technology provider must not electronically access or monitor:
new text end
new text begin
(1) any location-tracking feature of a school-issued device;
new text end
new text begin
(2) any audio or visual receiving, transmitting, or recording feature of a school-issued
device; or
new text end
new text begin
(3) student interactions with a school-issued device, including but not limited to
keystrokes and web-browsing activity.
new text end
new text begin
(b) A government entity or technology provider may only engage in activities prohibited
by paragraph (a) if:
new text end
new text begin
(1) the activity is limited to a noncommercial educational purpose for instruction by
district employees, or technical support by district employees, and notice is provided in
advance;
new text end
new text begin
(2) the activity is permitted under a judicial warrant;
new text end
new text begin
(3) the public educational agency or institution is notified or becomes aware that the
device is missing or stolen;
new text end
new text begin
(4) the activity is necessary to respond to an imminent threat to life or safety and the
access is limited to that purpose;
new text end
new text begin
(5) the activity is necessary to comply with federal or state law; or
new text end
new text begin
(6) the activity is necessary to participate in federal or state funding programs, including
but not limited to the E-Rate program.
new text end
new text begin
(c) If a government entity or technology provider interacts with a school-issued device
as provided in paragraph (b), clause (4), it must, within 72 hours of the access, notify the
student to whom the school-issued device was issued or that student's parent and provide a
written description of the interaction, including which features of the device were accessed
and a description of the threat. This notice is not required at any time when the notice itself
would pose an imminent threat to life or safety, but must instead be given within 72 hours
after that imminent threat has ceased.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2022-2023 school year and later.
new text end
Sec. 14.
Minnesota Statutes 2020, section 13.32, is amended by adding a subdivision to
read:
new text begin Subd. 15. new text end
new text begin Application to postsecondary institutions; exemption. new text end
new text begin
(a) A postsecondary
institution is exempt from subdivisions 13 and 14. This exemption extends to a technology
provider for purposes of a contract with a postsecondary institution.
new text end
new text begin
(b) Subdivisions 13 and 14 shall not apply to a nonprofit national assessment provider
solely for purposes of providing access to employment, educational scholarships and
programs, financial aid, or postsecondary educational opportunities, if the provider secures
express digital or written consent of the student or the student's parent or guardian, in
response to clear and conspicuous notice.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2022-2023 school year and later.
new text end
Sec. 15.
new text begin
[13.463] EDUCATION SUPPORT SERVICES DATA.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "education support services data"
means data on individuals collected, created, maintained, used, or disseminated relating to
programs administered by a government entity or entity under contract with a government
entity designed to eliminate disparities and advance equities in educational achievement
for youth by coordinating services available to participants, regardless of the youth's
involvement with other government services. Education support services data does not
include welfare data under section 13.46.
new text end
new text begin Subd. 2. new text end
new text begin Classification. new text end
new text begin
(a) Unless otherwise provided by law, all education support
services data are private data on individuals and must not be disclosed except according to
section 13.05 or a court order.
new text end
new text begin
(b) The responsible authority for a government entity maintaining education support
services data must establish written procedures to ensure that only individuals authorized
by law may enter, update, or access not public data collected, created, or maintained by the
driver and vehicle services information system. An authorized individual's ability to enter,
update, or access data in the system must correspond to the official duties or training level
of the individual and to the statutory authorization granting access for that purpose. All
queries and responses, and all actions in which education support services data are entered,
updated, accessed, shared, or disseminated, must be recorded in a data audit trail. Data
contained in the audit trail have the same classification as the underlying data tracked by
the audit trail.
new text end
Sec. 16.
Minnesota Statutes 2021 Supplement, section 299C.72, subdivision 2, is amended
to read:
Subd. 2.
Criminal history check authorized.
(a) The criminal history check authorized
by this section shall not be used in place of a statutorily mandated or authorized background
check.
(b) An authorized law enforcement agency may conduct a criminal history check of an
individual who is an applicant for employment, current employee, applicant for licensure,
or current licensee. Prior to conducting the criminal history check, the authorized law
enforcement agency must receive the informed consent of the individual.
(c) The authorized law enforcement agency deleted text begin shall notdeleted text end new text begin may new text end disseminate criminal history
data deleted text begin anddeleted text end new text begin to either the hiring or licensing authority of the city or county requesting checks
for applicants, licensees, or current employees. The authorized law enforcement agency
and the hiring or licensing authority of the city or county new text end must maintain deleted text begin itdeleted text end new text begin criminal history
data new text end securely deleted text begin with the agency's officedeleted text end new text begin and act consistently with section 364.05new text end . deleted text begin The authorized
law enforcement agency can indicate whether the applicant for employment or applicant
for licensure has a criminal history that would prevent hire, acceptance as a volunteer to a
hiring authority, or would prevent the issuance of a license to the department that issues the
license.
deleted text end
Sec. 17.
Minnesota Statutes 2020, section 626A.35, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Exception; stolen motor vehicles. new text end
new text begin
(a) The prohibition of subdivision 1 does
not apply to the use of a mobile tracking device on a stolen motor vehicle when:
new text end
new text begin
(1) the consent of the owner of the vehicle has been obtained; or
new text end
new text begin
(2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
stolen.
new text end
new text begin
(b) Within 24 hours of a tracking device being attached to a vehicle pursuant to the
authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
the tracking device to the vehicle must remove the device, disable the device, or obtain a
search warrant granting approval to continue to use the device in the investigation.
new text end
new text begin
(c) A peace officer employed by the agency that attached a tracking device to a stolen
motor vehicle must remove the tracking device if the vehicle is recovered and returned to
the owner.
new text end
new text begin
(d) Any tracking device evidence collected after the motor vehicle is returned to the
owner is inadmissible.
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
UNIFORM CANADIAN JUDGMENTS
Section 1.
new text begin
[548.64] SHORT TITLE.
new text end
new text begin
Sections 548.64 to 548.74 may be cited as the "Uniform Registration of Canadian Money
Judgments Act."
new text end
Sec. 2.
new text begin
[548.65] DEFINITIONS.
new text end
new text begin
In sections 548.64 to 548.74:
new text end
new text begin
(1) "Canada" means the sovereign nation of Canada and its provinces and territories.
"Canadian" has a corresponding meaning.
new text end
new text begin
(2) "Canadian judgment" means a judgment of a court of Canada, other than a judgment
that recognizes the judgment of another foreign country.
new text end
Sec. 3.
new text begin
[548.66] APPLICABILITY.
new text end
new text begin
(a) Sections 548.64 to 548.74 apply to a Canadian judgment to the extent the judgment
is within the scope of sections 548.54 to 548.63, if recognition of the judgment is sought to
enforce the judgment.
new text end
new text begin
(b) A Canadian judgment that grants both recovery of a sum of money and other relief
may be registered under sections 548.64 to 548.74, but only to the extent of the grant of
recovery of a sum of money.
new text end
new text begin
(c) A Canadian judgment regarding subject matter both within and not within the scope
of sections 548.64 to 548.74 may be registered under sections 548.64 to 548.74, but only
to the extent the judgment is with regard to subject matter within the scope of sections
548.64 to 548.74.
new text end
Sec. 4.
new text begin
[548.67] REGISTRATION OF CANADIAN JUDGMENT.
new text end
new text begin
(a) A person seeking recognition of a Canadian judgment described in section 548.66
to enforce the judgment may register the judgment in the office of the court administrator
of a court in which an action for recognition of the judgment could be filed under section
548.59.
new text end
new text begin
(b) A registration under paragraph (a) must be executed by the person registering the
judgment or the person's attorney and include:
new text end
new text begin
(1) a copy of the Canadian judgment authenticated in the same manner as a copy of a
foreign judgment is authenticated in an action under section 548.59 as an accurate copy by
the court that entered the judgment;
new text end
new text begin
(2) the name and address of the person registering the judgment;
new text end
new text begin
(3) if the person registering the judgment is not the person in whose favor the judgment
was rendered, a statement describing the interest the person registering the judgment has
in the judgment which entitles the person to seek its recognition and enforcement;
new text end
new text begin
(4) the name and last-known address of the person against whom the judgment is being
registered;
new text end
new text begin
(5) if the judgment is of the type described in section 548.66, paragraph (b) or (c), a
description of the part of the judgment being registered;
new text end
new text begin
(6) the amount of the judgment or part of the judgment being registered, identifying:
new text end
new text begin
(i) the amount of interest accrued as of the date of registration on the judgment or part
of the judgment being registered, the rate of interest, the part of the judgment to which
interest applies, and the date when interest began to accrue;
new text end
new text begin
(ii) costs and expenses included in the judgment or part of the judgment being registered,
other than an amount awarded for attorney fees; and
new text end
new text begin
(iii) the amount of an award of attorney fees included in the judgment or part of the
judgment being registered;
new text end
new text begin
(7) the amount, as of the date of registration, of post-judgment costs, expenses, and
attorney fees claimed by the person registering the judgment or part of the judgment;
new text end
new text begin
(8) the amount of the judgment or part of the judgment being registered which has been
satisfied as of the date of registration;
new text end
new text begin
(9) a statement that:
new text end
new text begin
(i) the judgment is final, conclusive, and enforceable under the law of the Canadian
jurisdiction in which it was rendered;
new text end
new text begin
(ii) the judgment or part of the judgment being registered is within the scope of sections
548.64 to 548.74; and
new text end
new text begin
(iii) if a part of the judgment is being registered, the amounts stated in the registration
under clauses (6), (7), and (8) relate to the part;
new text end
new text begin
(10) if the judgment is not in English, a certified translation of the judgment into English;
and
new text end
new text begin
(11) the filing fee stated in section 548.30.
new text end
new text begin
(c) On receipt of a registration that includes the documents, information, and filing fee
required by paragraph (b), the court administrator shall file the registration, assign a docket
number, and enter the Canadian judgment in the court's docket.
new text end
new text begin
(d) A registration substantially in the following form complies with the registration
requirements under paragraph (b) if the registration includes the attachments specified in
the form:
new text end
new text begin
REGISTRATION OF CANADIAN MONEY JUDGMENT
new text end
new text begin
Complete and file this form, together with the documents required by Part V of this form,
with the court administrator. When stating an amount of money, identify the currency in
which the amount is stated.
new text end
|
new text begin
PART I. IDENTIFICATION OF CANADIAN JUDGMENT new text end |
|||
|
new text begin
Canadian Court Rendering the Judgment: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
Case/Docket Number in Canadian Court: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
Name of Plaintiff(s): new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
Name of Defendant(s): new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
The Canadian Court entered the judgment: new text end |
|||
|
new text begin
on
.
new text end |
new text begin
in
.
new text end |
new text begin
in
.
new text end |
|
|
new text begin
[Date] new text end |
new text begin
[City] new text end |
new text begin
[Province or Territory] new text end |
|
|
new text begin
The judgment includes an award for the payment of money in favor of ......................... new text end |
|||
|
new text begin
in the amount of ......................... new text end |
|||
|
new text begin
If only part of the Canadian judgment is subject to registration (see section 548.66, paragraphs (b) and (c)), describe the part of the judgment being registered: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED new text end |
|||
|
new text begin
Provide the following information for all persons seeking to register the judgment under this registration and all persons against whom the judgment is being registered under this registration. Name of Person(s) Registering Judgment: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
Address of Person(s) Registering Judgment: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
Additional Contact Information for Person(s) Registering Judgment (Optional): new text end |
|||
|
new text begin
Telephone Number:
.
new text end |
new text begin
Fax Number:
.
new text end |
||
|
new text begin
E-mail Address:
.
new text end |
|||
|
new text begin
Name of Attorney for Person(s) Registering Judgment, if any: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
Address:
.
new text end |
|||
|
new text begin
Telephone Number:
.
new text end |
new text begin
Fax Number:
.
new text end |
||
|
new text begin
E-mail Address:
.
new text end |
|||
|
new text begin
Name of Person(s) Against Whom Judgment is Being Registered: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
Address of Person(s) Against Whom Judgment is Being Registered: new text end |
|||
|
new text begin
.
(provide the most recent address known)
new text end |
|||
|
new text begin
Additional Contact Information for Person(s) Against Whom Judgment is Being Registered (Optional) (provide most recent information known): new text end |
|||
|
new text begin
Telephone Number:
.
new text end |
new text begin
Fax Number:
.
new text end |
||
|
new text begin
E-mail Address:
.
new text end |
|||
|
new text begin
PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT new text end |
|||
|
new text begin
Identify the currency or currencies in which each amount is stated. new text end |
|||
|
new text begin
The amount of the Canadian judgment or part of the judgment being registered is: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
The amount of interest accrued as of the date of registration on the part of the judgment being registered is: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
The applicable rate of interest is:
.
new text end |
|||
|
new text begin
The date when interest began to accrue is:
.
new text end |
|||
|
new text begin
The part of the judgment to which the interest applies is:
.
new text end |
|||
|
new text begin
The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
(exclude any amount included in the award of costs and expenses which represents an award of attorney fees). new text end |
|||
|
new text begin
The person registering the Canadian judgment claims post-judgment costs and expenses in the amount of: new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
and post-judgment attorney fees in the amount of new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
relating to the part of the judgment being registered (include only costs, expenses, and attorney fees incurred before registration). new text end |
|||
|
new text begin
The amount of the part of the judgment being registered which has been satisfied as of the date of registration is new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
The total amount for which enforcement of the part of the judgment being registered is sought is new text end |
|||
|
new text begin
.
new text end |
|||
|
new text begin
PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT new text end |
|||
|
new text begin
I,
.
state:
new text end |
|||
|
new text begin
(Person Registering Judgment or Attorney for Person Registering Judgment) new text end |
|||
|
new text begin
1. The Canadian judgment is final, conclusive, and enforceable under the law of the Canadian jurisdiction in which it was rendered. new text end |
|||
|
new text begin
2. The Canadian judgment or part of the judgment being registered is within the scope of Minnesota Statutes, sections 548.64 to 548.74. new text end |
|||
|
new text begin
3. If only a part of the Canadian judgment is being registered, the amounts stated in Part III of this form relate to that part. new text end |
|||
|
new text begin
PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION new text end |
|||
|
new text begin
Attached are (check to signify required items are included): new text end |
|||
|
new text begin
.
new text end |
new text begin
A copy of the Canadian judgment authenticated in the same manner a copy of a foreign judgment is authenticated in an action under Minnesota Statutes, section 548.59, as an accurate copy by the Canadian court that entered the judgment. new text end |
||
|
new text begin
.
new text end |
new text begin
If the Canadian judgment is not in English, a certified translation of the judgment into English. new text end |
||
|
new text begin
.
new text end |
new text begin
The registration fee stated in Minnesota Statutes, section 548.30. new text end |
||
|
new text begin
I declare that the information provided on this form is true and correct to the best of my knowledge and belief. new text end |
|||
|
new text begin
Submitted by:
.
new text end |
|||
|
new text begin
Signature of Person Registering Judgment or new text end |
|||
|
new text begin
Attorney for Person Registering Judgment new text end |
|||
|
new text begin
Date of submission:
.
new text end |
|||
Sec. 5.
new text begin
[548.68] EFFECT OF REGISTRATION.
new text end
new text begin
(a) Subject to paragraph (b), a Canadian judgment registered under section 548.67 has
the same effect provided in section 548.60 for a judgment a court determines to be entitled
to recognition.
new text end
new text begin
(b) A Canadian judgment registered under section 548.67 may not be enforced by sale
or other disposition of property, or by seizure of property or garnishment, until 31 days after
notice under section 548.69 of registration is served. The court for cause may provide for
a shorter or longer time. This paragraph does not preclude use of relief available under law
of this state other than sections 548.64 to 548.74 to prevent dissipation, disposition, or
removal of property.
new text end
Sec. 6.
new text begin
[548.69] NOTICE OF REGISTRATION.
new text end
new text begin
(a) A person that registers a Canadian judgment under section 548.67 shall cause notice
of registration to be served on the person against whom the judgment has been registered.
new text end
new text begin
(b) Notice under this section must be served in the same manner that a summons and
complaint must be served in an action seeking recognition under section 548.59 of a
foreign-country money judgment.
new text end
new text begin
(c) Notice under this section must include:
new text end
new text begin
(1) the date of registration and court in which the judgment was registered;
new text end
new text begin
(2) the docket number assigned to the registration;
new text end
new text begin
(3) the name and address of:
new text end
new text begin
(i) the person registering the judgment; and
new text end
new text begin
(ii) the person's attorney, if any;
new text end
new text begin
(4) a copy of the registration, including the documents required under section 548.67,
paragraph (b); and
new text end
new text begin
(5) a statement that:
new text end
new text begin
(i) the person against whom the judgment has been registered, not later than 30 days
after the date of service of notice, may petition the court to vacate the registration; and
new text end
new text begin
(ii) the court for cause may provide for a shorter or longer time.
new text end
new text begin
(d) Proof of service of notice under this section must be filed with the court administrator.
new text end
Sec. 7.
new text begin
[548.70] PETITION TO VACATE REGISTRATION.
new text end
new text begin
(a) Not later than 30 days after notice under section 548.69 is served, the person against
whom the judgment was registered may petition the court to vacate the registration. The
court for cause may provide for a shorter or longer time for filing the petition.
new text end
new text begin
(b) A petition under this section may assert only:
new text end
new text begin
(1) a ground that could be asserted to deny recognition of the judgment under sections
548.54 to 548.63; or
new text end
new text begin
(2) a failure to comply with a requirement of sections 548.64 to 548.74 for registration
of the judgment.
new text end
new text begin
(c) A petition filed under this section does not itself stay enforcement of the registered
judgment.
new text end
new text begin
(d) If the court grants a petition under this section, the registration is vacated, and any
act under the registration to enforce the registered judgment is void.
new text end
new text begin
(e) If the court grants a petition under this section on a ground under paragraph (b),
clause (1), the court also shall render a judgment denying recognition of the Canadian
judgment. A judgment rendered under this subsection has the same effect as a judgment
denying recognition to a judgment on the same ground under sections 548.54 to 548.63.
new text end
Sec. 8.
new text begin
[548.71] STAY OF ENFORCEMENT OF JUDGMENT PENDING
DETERMINATION OF PETITION.
new text end
new text begin
A person that files a petition under section 548.70, paragraph (a), to vacate registration
of a Canadian judgment may request the court to stay enforcement of the judgment pending
determination of the petition. The court shall grant the stay if the person establishes a
likelihood of success on the merits with regard to a ground listed in section 548.70, paragraph
(b), for vacating a registration. The court may require the person to provide security in an
amount determined by the court as a condition of granting the stay.
new text end
Sec. 9.
new text begin
[548.72] RELATIONSHIP TO UNIFORM FOREIGN-COUNTRY MONEY
JUDGMENTS RECOGNITION ACT.
new text end
new text begin
(a) Sections 548.64 to 548.74 supplement the Uniform Foreign-Country Money
Judgments Recognition Act, and sections 548.54 to 548.63, other than section 548.59, apply
to a registration under sections 548.64 to 548.74.
new text end
new text begin
(b) A person may seek recognition of a Canadian judgment described in section 548.66
either:
new text end
new text begin
(1) by registration under sections 548.64 to 548.74; or
new text end
new text begin
(2) under section 548.59.
new text end
new text begin
(c) Subject to paragraph (d), a person may not seek recognition in this state of the same
judgment or part of a judgment described in 548.66, paragraph (b) or (c), with regard to the
same person under both sections 548.59 and 548.64 to 548.74.
new text end
new text begin
(d) If the court grants a petition to vacate a registration solely on a ground under section
548.70, paragraph (b), clause (2), the person seeking registration may:
new text end
new text begin
(1) if the defect in the registration can be cured, file a new registration under sections
548.64 to 548.74; or
new text end
new text begin
(2) seek recognition of the judgment under section 548.59.
new text end
Sec. 10.
new text begin
[548.73] UNIFORMITY OF APPLICATION AND INTERPRETATION.
new text end
new text begin
In applying and construing this uniform act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end
Sec. 11.
new text begin
[548.74] TRANSITIONAL PROVISION.
new text end
new text begin
Sections 548.64 to 548.74 apply to the registration of a Canadian judgment entered in
a proceeding that is commenced in Canada on or after the effective date of sections 548.64
to 548.74.
new text end
Sec. 12. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 11 are effective January 1, 2023.
new text end
ARTICLE 3
HUMAN RIGHTS
Section 1.
Minnesota Statutes 2020, section 363A.03, is amended by adding a subdivision
to read:
new text begin Subd. 36a. new text end
new text begin Race. new text end
new text begin
"Race" is inclusive of traits associated with race, including but not
limited to hair texture and hair styles such as braids, locks, and twists.
new text end
Sec. 2.
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, 2023. 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,
2023.
new text end
Sec. 3.
Minnesota Statutes 2020, section 363A.11, subdivision 2, is amended to read:
Subd. 2.
General prohibitions.
This subdivision lists general prohibitions against
discrimination on the basis of disability. For purposes of this subdivision, "individual" or
"class of individuals" refers to the clients or customers of the covered public accommodation
that enter into the contractual, licensing, or other arrangement.
(1) It is discriminatory to:
(i) subject an individual or class of individuals on the basis of a disability of that
individual or class, directly or through contractual, licensing, or other arrangements, to a
denial of the opportunity of the individual or class to participate in or benefit from the goods,
services, facilities, privileges, advantages, or accommodations of an entity;
(ii) afford an individual or class of individuals on the basis of the disability of that
individual or class, directly or through contractual, licensing, or other arrangements, with
the opportunity to participate in or benefit from the goods, services, facilities, privileges,
advantages, or accommodations that are not equal to those afforded to other individuals;
deleted text begin and
deleted text end
(iii) provide an individual or class of individuals, on the basis of a disability of that
individual or class, directly or through contractual, licensing, or other arrangements, with
goods, services, facilities, privileges, advantages, or accommodations that are different or
separate from those provided to other individuals, unless the action is necessary to provide
the individual or class of individuals with goods, services, facilities, privileges, advantages,
or accommodations, or other opportunities that are as effective as those provided to othersdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(iv) not provide a deaf or hard-of-hearing individual or class of deaf or hard-of-hearing
individuals with closed-captioned television when television services are provided to other
individuals.
new text end
(2) Goods, services, facilities, privileges, advantages, and accommodations must be
afforded to an individual with a disability in the most integrated setting appropriate to the
needs of the individual.
(3) Notwithstanding the existence of separate or different programs or activities provided
in accordance with sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the individual
with a disability may not be denied the opportunity to participate in the programs or activities
that are not separate or different.
(4) An individual or entity may not, directly or through contractual or other arrangements,
use standards or criteria and methods of administration:
(i) that have the effect of discriminating on the basis of disability; or
(ii) that perpetuate the discrimination of others who are subject to common administrative
control.
Sec. 4.
Minnesota Statutes 2020, section 363A.21, subdivision 1, is amended to read:
Subdivision 1.
Housing.
The provisions of section 363A.09 shall not apply to:
(1) rooms in a temporary or permanent residence home run by a nonprofit organization,
if the discrimination is by sex;new text begin or
new text end
(2) the rental by a resident owner or occupier of a one-family accommodation of a room
or rooms in the accommodation to another person or persons if the discrimination is by sex,
marital status, status with regard to public assistance, sexual orientation, or disability. Except
as provided elsewhere in this chapter or other state or federal law, no person or group of
persons selling, renting, or leasing property is required to modify the property in any way,
or exercise a higher degree of care for a person having a disability than for a person who
does not have a disability; nor shall this chapter be construed to relieve any person or persons
of any obligations generally imposed on all persons regardless of any disability in a written
lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on
the inability to fulfill the terms and conditions, including financial obligations of the lease,
agreement, or contract; deleted text begin ordeleted text end new text begin .
new text end
deleted text begin
(3) the rental by a resident owner of a unit in a dwelling containing not more than two
units, if the discrimination is on the basis of sexual orientation.
deleted text end
Sec. 5.
Minnesota Statutes 2021 Supplement, section 363A.50, is amended to read:
363A.50 NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given unless the context clearly requires otherwise.
(b) "Anatomical gift" has the meaning given in section 525A.02, subdivision 4.
(c) "Auxiliary aids and services" include, but are not limited to:
(1) qualified interpreters or other effective methods of making aurally delivered materials
available to individuals with hearing impairmentsnew text begin and to non-English-speaking individualsnew text end ;
(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;
(3) the provision of information in a format that is accessible for individuals with
cognitive, neurological, developmental, intellectual, or physical disabilities;
(4) the provision of supported decision-making services; and
(5) the acquisition or modification of equipment or devices.
(d) "Covered entity" means:
(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
(2) any entity responsible for matching anatomical gift donors to potential recipients.
(e) "Disability" has the meaning given in section 363A.03, subdivision 12.
(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.
(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.
(h) "Reasonable modifications" include, but are not limited to:
(1) communication with individuals responsible for supporting an individual with
postsurgical and post-transplantation care, including medication; and
(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.
(i) "Supported decision making" has the meaning given in section 524.5-102, subdivision
16a.
Subd. 2.
Prohibition of discrimination.
(a) A covered entity may not, on the basis of
a qualified individual'snew text begin race, ethnicity,new text end mental new text begin disability, new text end or physical disability:
(1) deem an individual ineligible to receive an anatomical gift or organ transplant;
(2) deny medical or related organ transplantation services, including evaluation, surgery,
counseling, and postoperative treatment and care;
(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;
(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 new text begin race, ethnicity, or new text end disability; or
(5) decline insurance coverage for any procedure associated with the receipt of the
anatomical gift or organ transplant, including post-transplantation and postinfusion care.
(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.
(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).
(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.
(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.
(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.
(g) The provisions of this section apply to each part of the organ transplant process.
Subd. 3.
Remedies.
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.
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 363A.20, subdivision 3; and 363A.27,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
OTHER CIVIL LAW POLICY
Section 1.
Minnesota Statutes 2020, section 84.775, subdivision 1, is amended to read:
Subdivision 1.
Civil citation; authority to issue.
(a) A conservation officer or other
licensed peace officer may issue a civil citation to a person who operates:
(1) an off-highway motorcycle in violation of sections 84.773, subdivision 1 or 2, clause
(1); 84.777; new text begin or new text end 84.788 to 84.795; deleted text begin or 84.90;
deleted text end
(2) an off-road vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; new text begin or new text end 84.798 to 84.804; deleted text begin or 84.90; or
deleted text end
(3) an all-terrain vehicle in violation of sections 84.773, subdivision 1 or 2, clause (1);
84.777; deleted text begin 84.90;deleted text end or 84.922 to 84.928deleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) a snowmobile in violation of sections 84.777 or 84.82 to 84.872; or
new text end
new text begin
(5) an off-highway motorcycle, an off-road vehicle, an all-terrain vehicle, or a snowmobile
in violation of section 84.90 or 97B.001.
new text end
(b) A civil citation under paragraph (a) shall require restitution for public and private
property damage and impose a penalty of:
(1) deleted text begin $100deleted text end new text begin $250new text end for the first offense;
(2) deleted text begin $200deleted text end new text begin $500new text end for the second offense; and
(3) deleted text begin $500deleted text end new text begin $1,000new text end for third and subsequent offenses.
(c) A conservation officer or other licensed peace officer may issue a civil citation to a
person who operates an off-highway motorcycle, off-road vehicle, or all-terrain vehicle in
violation of section 84.773, subdivision 2, clause (2) or (3). A civil citation under this
paragraph shall require restitution for damage to wetlands and impose a penalty of:
(1) $100 for the first offense;
(2) $500 for the second offense; and
(3) $1,000 for third and subsequent offenses.
(d) If the peace officer determines that there is damage to property requiring restitution,
the commissioner must send a written explanation of the extent of the damage and the cost
of the repair by first class mail to the address provided by the person receiving the citation
within 15 days of the date of the citation.
(e) An off-road vehicle that is equipped with a snorkel device and receives a civil citation
under this section is subject to twice the penalty amounts in paragraphs (b) and (c).
Sec. 2.
Minnesota Statutes 2020, section 84.775, subdivision 4, is amended to read:
Subd. 4.
Allocating penalty amounts.
Penalty amounts collected from civil citations
issued under this section must be paid to the treasury of the unit of government employing
the officer that issued the civil citation. Penalties retained by the commissioner shall be
credited as follows: to the off-highway motorcycle account under section 84.794 for citations
involving off-highway motorcycles; to the off-road vehicle account under section 84.803
for citations involving off-road vehicles; deleted text begin ordeleted text end to the all-terrain vehicle account under section
84.927 for citations involving all-terrain vehiclesnew text begin ; or to the snowmobile trails and enforcement
account under section 84.83 for citations involving snowmobilesnew text end . Penalty amounts credited
under this subdivision are dedicated for deleted text begin the enforcement ofdeleted text end new text begin enforcingnew text end off-highway vehicle
lawsnew text begin or for enforcing snowmobile lawsnew text end .
Sec. 3.
Minnesota Statutes 2021 Supplement, 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: If you were 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 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 do not have to pay a filing fee for your lawsuit.
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."
(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 vehicle to the
owner. 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.
(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.
The claimant may serve the complaint by certified mail or 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 deleted text begin mustdeleted text end new text begin maynew text end be served personally or deleted text begin by maildeleted text end new text begin as permitted by the Rules of
Conciliation Court Procedurenew text end on the prosecuting authority having jurisdiction over the
forfeiture within 60 days following service of the notice of seizure and forfeiture under this
subdivision. The claimant does not have to pay the 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 Procedurenew text begin and, where applicable, by the Rules of Conciliation
Court Procedurenew text end .
(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 the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2020, section 259.11, is amended to read:
259.11 ORDER; FILING COPIES.
(a) Upon meeting the requirements of section 259.10, the court shall grant the application
unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits
granting the name change; or (3) in the case of the change of a minor child's name, the court
finds that such name change is not in the best interests of the child. The court shall set forth
in the order the name and age of the applicant's spouse and each child of the applicant, if
any, and shall state a description of the lands, if any, in which the applicant and the spouse
and children, if any, claim to have an interest. The court administrator shall file such order,
and record the same in the judgment book. If lands be described therein, a certified copy of
the order shall be filed for record, by the applicant, with the county recorder of each county
wherein any of the same are situated. Before doing so the court administrator shall present
the same to the county auditor who shall enter the change of name in the auditor's official
records and note upon the instrument, over an official signature, the words "change of name
recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until
the applicant shall have paid to the county recorder and court administrator the fee required
by law. No application shall be denied on the basis of the marital status of the applicant.
(b) When a person applies for a name change, the court shall determine whether the
person has a criminal history in this or any other state. The court may conduct a search of
national records through the Federal Bureau of Investigation by submitting a set of
fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is
determined that the person has a criminal history in this or any other state, the court shall,
within ten days after the name change application is granted, report the name change to the
Bureau of Criminal Apprehension. The person whose name is changed shall also report the
change to the Bureau of Criminal Apprehension within ten days. The court granting the
name change application must explain this reporting duty in its order. Any person required
to report the person's name change to the Bureau of Criminal Apprehension who fails to
report the name change as required under this paragraph is guilty of a gross misdemeanor.
(c) Paragraph (b) does not apply to deleted text begin eitherdeleted text end :
(1) a request for a name change as part of an application for a marriage license under
section 517.08; deleted text begin or
deleted text end
(2) a request for a name change in conjunction with a marriage dissolution under section
518.27new text begin ; or
new text end
new text begin (3) a request for a name change filed under section 259.14new text end .
Sec. 5.
new text begin
[259.14] POSTDISSOLUTION NAME CHANGE.
new text end
new text begin
(a) A person who has resided in this state for at least six months and obtained the person's
most recent final marriage dissolution from a district court in this state may apply to the
district court in the county where the person resides to change the person's name to the legal
name on the person's birth certificate. A person applying for a name change must submit a
certified copy of the certificate of dissolution issued pursuant to section 518.148 and a
certified copy of the person's birth certificate.
new text end
new text begin
(b) A court shall not require a person applying for a name change to pay filing fees for
an application submitted pursuant to this section. Notwithstanding section 259.10, a court
shall not require the person applying for a name change to provide proof of the person's
identity by two witnesses unless the proof of identity is necessary to determine whether the
person has an intent to defraud or mislead the court.
new text end
new text begin
(c) Upon meeting the requirements of this section, the court shall grant the application
for a name change unless the court finds that (1) the person has an intent to defraud or
mislead the court; or (2) section 259.13 prohibits granting the name change. The court shall
notify the person applying for a name change that using a different surname without
complying with section 259.13, if applicable, is a gross misdemeanor.
new text end
Sec. 6.
Minnesota Statutes 2020, section 260C.101, subdivision 2, is amended to read:
Subd. 2.
Other matters relating to children.
The juvenile court has original and
exclusive jurisdiction in proceedings concerning:
(1) the termination of parental rights to a child in accordance with the provisions of
sections 260C.301 to 260C.328;
(2) permanency matters under sections 260C.503 to 260C.521;
(3) the appointment and removal of a juvenile court guardian for a child, where parental
rights have been terminated under the provisions of sections 260C.301 to 260C.328;
(4) judicial consent to the marriage of a child when required by law;
(5) all adoption matters and review of the efforts to finalize the adoption of the child
under section 260C.317;
(6) the review of the placement of a child who is in foster care pursuant to a voluntary
placement agreement between the child's parent or parents and the responsible social services
agency under section 260C.227; or between the child, when the child is over age 18, and
the agency under section 260C.229;
(7) the review of voluntary foster care placement of a child for treatment under chapter
260D according to the review requirements of that chapter; deleted text begin and
deleted text end
(8) the reestablishment of a legal parent and child relationship under section 260C.329deleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(9) juvenile court guardianship petitions for at-risk juveniles filed under section 260C.149.
new text end
Sec. 7.
new text begin
[260C.149] JUVENILE COURT GUARDIANSHIP FOR AT-RISK
JUVENILES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end
new text begin
(a) "Abandonment" means the parent's failure to maintain contact with an at-risk juvenile
on a regular basis or to demonstrate consistent interest in an at-risk juvenile's well-being
beginning at least six months prior to the at-risk juvenile reaching the age of 18, or the death
of an at-risk juvenile's parent.
new text end
new text begin
(b) "Abuse" means, at any time in an at-risk juvenile's life, the infliction or threat of:
new text end
new text begin
(1) psychological or emotional harm;
new text end
new text begin
(2) physical injury that was not due to an accident; or
new text end
new text begin
(3) sexual abuse, which includes sex trafficking as defined in section 609.321, subdivision
7a.
new text end
new text begin
(c) "At-risk juvenile" means an unmarried person who is between the ages of 18 and 21
and is potentially eligible for classification under United States Code, title 8, section
1101(a)(27)(J), as amended through December 31, 2021.
new text end
new text begin
(d) "Best interests" has the meaning given in section 260C.511, paragraph (a).
new text end
new text begin
(e) "Guardian" means an adult who has been appointed by the court as the guardian of
an at-risk juvenile under this section. A guardian includes but is not limited to a parent.
new text end
new text begin
(f) "Mental injury" has the meaning given in section 260E.03, subdivision 13.
new text end
new text begin
(g) "Neglect" means, at any time prior to an at-risk juvenile reaching the age of 18, the
failure to give an at-risk juvenile proper care that causes the juvenile's health or welfare to
be harmed or placed at substantial risk of harm or causes mental injury or a substantial risk
of mental injury.
new text end
new text begin
(h) "Petitioner" means the at-risk juvenile who is the subject of the petition.
new text end
new text begin Subd. 2. new text end
new text begin Guardianship; purpose. new text end
new text begin
The purpose of the guardianship under this section
is to provide an at-risk juvenile with guidance, assistance, financial and emotional support,
and referrals to resources necessary to either or both:
new text end
new text begin
(1) meet the at-risk juvenile's needs, which include but are not limited to shelter, nutrition,
and access to and receipt of psychiatric, psychological, medical, dental, educational,
occupational, or social services; or
new text end
new text begin
(2) protect the at-risk juvenile from sex or labor trafficking or domestic or sexual violence.
new text end
new text begin Subd. 3. new text end
new text begin Petition. new text end
new text begin
An at-risk juvenile may petition the juvenile court for the appointment
of a guardian. The petition must state the name of the proposed guardian and allege that:
new text end
new text begin
(1) the appointment of a guardian is in the best interests of the at-risk juvenile;
new text end
new text begin
(2) the proposed guardian is capable and reputable;
new text end
new text begin
(3) both the petitioner and the proposed guardian agree to the appointment of a
guardianship under this section;
new text end
new text begin
(4) reunification of the at-risk juvenile with one or both parents is not viable because of
abandonment, abuse, neglect, or a similar basis that has an effect on an at-risk juvenile
comparable to abandonment, abuse, or neglect under Minnesota law; and
new text end
new text begin
(5) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's
or at-risk juvenile's parent's previous country of nationality or last habitual residence.
new text end
new text begin Subd. 4. new text end
new text begin Right to counsel. new text end
new text begin
The at-risk juvenile petitioning for a guardianship and the
proposed guardian named in the petition each have the right to be represented by counsel
of the at-risk juvenile's or guardian's choosing and at the at-risk juvenile's or guardian's own
expense.
new text end
new text begin Subd. 5. new text end
new text begin Service. new text end
new text begin
The proposed guardian and, if an appointment of a new guardian is
sought, the existing guardian for the at-risk juvenile previously appointed under this section
are entitled to service in the manner specified in the Minnesota Rules of Juvenile Protection
Procedure.
new text end
new text begin Subd. 6. new text end
new text begin Notice to parents. new text end
new text begin
The petitioner must provide a copy of the petition to any
living parent in any manner and format reasonably calculated to give the parent adequate
notice at least 14 days prior to the hearing under subdivision 7. Prior to or at the hearing,
the petitioner must file proof that the copy of the petition was provided to any living parents
of the petitioner. The court may waive notice to a parent:
new text end
new text begin
(1) if the identity or location of the petitioner's parent is unknown; or
new text end
new text begin
(2) for any other reason that the court may deem appropriate.
new text end
new text begin Subd. 7. new text end
new text begin Proceeding. new text end
new text begin
(a) The court shall hear and issue an order on any petition as soon
as administratively feasible and prior to the at-risk juvenile reaching 21 years of age.
new text end
new text begin
(b) Venue must be in the county where the at-risk juvenile or the proposed guardian
resides.
new text end
new text begin
(c) Nothing in this section authorizes the guardian to abrogate any rights or privileges
to which the at-risk juvenile is entitled under law.
new text end
new text begin Subd. 8. new text end
new text begin Order. new text end
new text begin
(a) The court must issue an order awarding a guardianship for the
purposes identified in this section if the court finds that:
new text end
new text begin
(1) the proposed guardian is capable and reputable;
new text end
new text begin
(2) the guardianship is in the best interests of the at-risk juvenile;
new text end
new text begin
(3) both the petitioner and the proposed guardian agree to the establishment of a
guardianship under this section;
new text end
new text begin
(4) reunification of the at-risk juvenile with one or both parents is not viable because of
abandonment, abuse, neglect, or a similar basis that has an effect on an at-risk juvenile
comparable to abandonment, abuse, or neglect under Minnesota law; and
new text end
new text begin
(5) it is not in the best interests of the at-risk juvenile to be returned to the previous
country of nationality or last habitual residence of the juvenile or the juvenile's parent or
parents.
new text end
new text begin
(b) The order must, where the identity is known, specifically identify the parent or parents
whom the court finds have abused, abandoned, or neglected the at-risk juvenile.
new text end
new text begin
(c) The order must contain relevant state statutory citations and written findings of fact
to support each of these findings:
new text end
new text begin
(1) the at-risk juvenile is dependent on the juvenile court, and has been placed under the
custody of an individual appointed by the juvenile court, through the appointment of a
guardian, for the purposes of this statute;
new text end
new text begin
(2) reunification of the at-risk juvenile with one or both parents is not viable because of
abandonment, abuse, or neglect or a similar basis that has an effect on an at-risk juvenile
comparable to abandonment, abuse, or neglect under Minnesota law; and
new text end
new text begin
(3) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's
or at-risk juvenile's parent's country of nationality or last habitual residence.
new text end
new text begin Subd. 9. new text end
new text begin Appointment of new guardian. new text end
new text begin
At any time after the approval of a guardian
under subdivision 8, an at-risk juvenile or the currently appointed at-risk juvenile's guardian
may petition the juvenile court for appointment of a new guardian. The petition must state
the name of the proposed new guardian and set forth the facts supporting the request. The
court may appoint a new guardian if the court finds that:
new text end
new text begin
(1) the proposed new guardian is capable and reputable;
new text end
new text begin
(2) the appointment of a new guardian is in the best interests of the at-risk juvenile; and
new text end
new text begin
(3) both the petitioner and the proposed new guardian agree to the establishment of the
guardianship.
new text end
new text begin Subd. 10. new text end
new text begin Automatic termination of guardianship. new text end
new text begin
A guardianship awarded under
this section terminates when the at-risk juvenile attains the age of 21. The court's jurisdiction
continues until termination of the guardianship.
new text end
new text begin Subd. 11. new text end
new text begin Voluntary termination of guardianship. new text end
new text begin
The at-risk juvenile may request
the termination of the guardianship at any time and, upon request, the court shall terminate
the guardianship.
new text end
new text begin Subd. 12. new text end
new text begin Relation to other guardianship law. new text end
new text begin
The provisions of sections 260C.325,
260C.328, and 524.5-101 to 524.5-317 do not apply to petitions for the appointment of a
guardianship for an at-risk juvenile under this section.
new text end
Sec. 8.
new text begin
[325E.72] DIGITAL FAIR REPAIR.
new text end
new text begin Subdivision 1. new text end
new text begin Short title. new text end
new text begin
This act may be cited as the "Digital Fair Repair Act."
new text end
new text begin Subd. 2. 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.
new text end
new text begin
(b) "Authorized repair provider" means an individual or business who is unaffiliated
with an original equipment manufacturer and who has (1) an arrangement with the original
equipment manufacturer, for a definite or indefinite period, under which the original
equipment manufacturer grants to the individual or business a license to use a trade name,
service mark, or other proprietary identifier to offer the services of diagnosis, maintenance,
or repair of digital electronic equipment under the name of the original equipment
manufacturer, or (2) other arrangements with the original equipment manufacturer to offer
diagnostic, maintenance, or repair services on behalf of the original equipment manufacturer.
An original equipment manufacturer that offers diagnostic, maintenance, or repair services
for the original equipment manufacturer's digital electronic equipment is considered an
authorized repair provider with respect to the digital electronic equipment if the original
equipment manufacturer does not have an arrangement described in this paragraph with an
unaffiliated individual or business.
new text end
new text begin
(c) "Digital electronic equipment" or "equipment" means any product that depends for
its functioning, in whole or in part, on digital electronics embedded in or attached to the
product.
new text end
new text begin
(d) "Documentation" means a manual, diagram, reporting output, service code description,
schematic diagram, or similar information provided to an authorized repair provider to affect
the services of diagnosis, maintenance, or repair of digital electronic equipment.
new text end
new text begin
(e) "Embedded software" means any programmable instructions provided on firmware
delivered with digital electronic equipment or with a part for the equipment to operate
equipment. Embedded software includes all relevant patches and fixes made by the
manufacturer of the equipment or part for these purposes.
new text end
new text begin
(f) "Fair and reasonable terms" for obtaining a part, tool, or documentation means at
costs and terms, including convenience of delivery and rights of use, equivalent to what is
offered by the original equipment manufacturer to an authorized repair provider, using the
net costs that would be incurred by an authorized repair provider to obtain an equivalent
part, tool, or documentation from the original equipment manufacturer, accounting for any
discounts, rebates, or other incentive programs in arriving at the actual net costs. For
documentation, including any relevant updates, fair and reasonable terms means at no charge,
except that when the documentation is requested in physical printed form a fee for the
reasonable actual costs to prepare and send the copy may be charged.
new text end
new text begin
(g) "Firmware" means a software program or set of instructions programmed on digital
electronic equipment or on a part for the equipment to allow the equipment or part to
communicate with other computer hardware.
new text end
new text begin
(h) "Independent repair provider" means an individual or business operating in Minnesota
that (1) does not have an arrangement described in paragraph (b) with an original equipment
manufacturer, (2) is not affiliated with any individual or business that has an arrangement
described in paragraph (b), and (3) is engaged in the services of diagnosis, maintenance, or
repair of digital electronic equipment. An original equipment manufacturer or, with respect
to the original equipment manufacturer, an individual or business that has an arrangement
with the original equipment manufacturer or is affiliated with an individual or business that
has such an arrangement with that original equipment manufacturer is considered an
independent repair provider for purposes of the instances it engages in the services of
diagnosis, maintenance, or repair of digital electronic equipment that is not manufactured
by or sold under the name of the original equipment manufacturer.
new text end
new text begin
(i) "Manufacturer of motor vehicle equipment" means a business engaged in the business
of manufacturing or supplying components used to manufacture, maintain, or repair a motor
vehicle.
new text end
new text begin
(j) "Motor vehicle" means a vehicle that is designed to transport persons or property on
a street or highway and is certified by the manufacturer under all applicable federal safety
and emissions standards and requirements for distribution and sale in the United States.
Motor vehicle does not include:
new text end
new text begin
(1) a motorcycle; or
new text end
new text begin
(2) a recreational vehicle or an auto home equipped for habitation.
new text end
new text begin
(k) "Motor vehicle dealer" means an individual or business that, in the ordinary course
of business, (1) is engaged in the business of selling or leasing new motor vehicles to an
individual or business pursuant to a franchise agreement, (2) has obtained a license under
section 168.27, and (3) is engaged in the services of diagnosis, maintenance, or repair of
motor vehicles or motor vehicle engines pursuant to the franchise agreement.
new text end
new text begin
(l) "Motor vehicle manufacturer" means a business engaged in the business of
manufacturing or assembling new motor vehicles.
new text end
new text begin
(m) "Original equipment manufacturer" means a business engaged in the business of
selling or leasing to any individual or business new digital electronic equipment manufactured
by or on behalf of the original equipment manufacturer.
new text end
new text begin
(n) "Owner" means an individual or business that owns or leases digital electronic
equipment purchased or used in Minnesota.
new text end
new text begin
(o) "Part" means any replacement part, either new or used, made available by an original
equipment manufacturer to affect the services of maintenance or repair of digital electronic
equipment manufactured or sold by the original equipment manufacturer.
new text end
new text begin
(p) "Trade secret" has the meaning given in section 325C.01, subdivision 5.
new text end
new text begin Subd. 3. new text end
new text begin Requirements. new text end
new text begin
(a) For digital electronic equipment and parts for the equipment
sold or used in Minnesota, an original equipment manufacturer must make available on fair
and reasonable terms documentation, parts, and tools, inclusive of any updates to information
or embedded software, to any independent repair provider or to the owner of digital electronic
equipment manufactured by or on behalf of, or sold by, the original equipment manufacturer
for purposes of diagnosis, maintenance, or repair. Nothing in this section requires an original
equipment manufacturer to make available a part if the part is no longer available to the
original equipment manufacturer.
new text end
new text begin
(b) For equipment that contains an electronic security lock or other security-related
function, the original equipment manufacturer must make available to the owner and to
independent repair providers, on fair and reasonable terms, any special documentation,
tools, and parts needed to reset the lock or function when disabled in the course of diagnosis,
maintenance, or repair of the equipment. Documentation, tools, and parts may be made
available through appropriate secure release systems.
new text end
new text begin Subd. 4. new text end
new text begin Enforcement by attorney general. new text end
new text begin
A violation of this section is an unlawful
practice under section 325D.44. All remedies, penalties, and authority granted to the attorney
general under chapter 8 are available to the attorney general to enforce this section.
new text end
new text begin Subd. 5. new text end
new text begin Limitations. new text end
new text begin
(a) Nothing in this section requires an original equipment
manufacturer to divulge a trade secret to an owner or an independent service provider,
except as necessary to provide documentation, parts, and tools on fair and reasonable terms.
new text end
new text begin
(b) Nothing in this section alters the terms of any arrangement described in subdivision
2, paragraph (b), in force between an authorized repair provider and an original equipment
manufacturer, including but not limited to the performance or provision of warranty or recall
repair work by an authorized repair provider on behalf of an original equipment manufacturer
pursuant to such arrangement. A provision in the terms of an arrangement described in
subdivision 2, paragraph (b), that purports to waive, avoid, restrict, or limit the original
equipment manufacturer's obligations to comply with this section is void and unenforceable.
new text end
new text begin
(c) Nothing in this section requires an original equipment manufacturer or an authorized
repair provider to provide to an owner or independent repair provider access to information,
other than documentation, that is provided by the original equipment manufacturer to an
authorized repair provider pursuant to the terms of an arrangement described in subdivision
2, paragraph (b).
new text end
new text begin Subd. 6. new text end
new text begin Exclusions. new text end
new text begin
(a) Nothing in this section applies to (1) a motor vehicle
manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer acting in
that capacity, or (2) any product or service of a motor vehicle manufacturer, manufacturer
of motor vehicle equipment, or motor vehicle dealer acting in that capacity.
new text end
new text begin
(b) Nothing in this section applies to manufacturers or distributors of a medical device
as defined in the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section
301 et seq., or a digital electronic product or software manufactured for use in a medical
setting including diagnostic, monitoring, or control equipment or any product or service
that they offer.
new text end
new text begin Subd. 7. new text end
new text begin Applicability. new text end
new text begin
This section applies to equipment sold or in use on or after
January 1, 2023.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 9.
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. 10.
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. 11.
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. 12.
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. 13.
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 anddeleted 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. 14.
Minnesota Statutes 2020, section 604.21, is amended to read:
604.21 INDEMNITY AGREEMENTS IN DESIGN PROFESSIONAL SERVICES
CONTRACTS VOID.
(a) A provision contained in, or executed in connection with, a design professional
services contract is void and unenforceable to the extent it attempts to require an indemnitor
to indemnify, to hold harmless, or to defend an indemnitee from or against liability for loss
or damage resulting from the negligence or fault of anyone other than the indemnitor or
others for whom the indemnitor is legally liable.
(b) For purposes of this section, "design professional services contract" means a contract
under which some portion of the work or services is to be performed or supervised by a
person licensed under section 326.02, and is furnished in connection with any actual or
proposed maintenance of or improvement to real property, highways, roads, or bridges.
(c) This section does not apply to the extent that the obligation to indemnify, to hold
harmless, or to defend an indemnitee is deleted text begin able to bedeleted text end covered by insurance.
(d) This section does not apply to agreements referred to in section 337.03 or 337.04.
(e) A provision contained in, or executed in connection with, a design professional
services contract for any actual or proposed maintenance of, or improvement to, real property,
highways, roads, or bridges located in Minnesota that makes the contract subject to the laws
of another state or requires that any litigation, arbitration, or other dispute resolution process
on the contract occur in another state is void and unenforceable.
(f) This section supersedes any other inconsistent provision of law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2021 Supplement, 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. The claimant may serve the complaint on the prosecuting authority 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
property. new text begin A copy of the conciliation court statement of claim may be served personally or
as permitted by the Rules of Conciliation Court Procedure on the prosecuting authority
having jurisdiction over the forfeiture within 60 days following service of the notice of
seizure and forfeiture under this subdivision. new text end The claimant does not have to pay the 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 Procedurenew text begin and, where applicable, by the Rules of
Conciliation Court Procedurenew text end .
(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, 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 the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2020, section 609.748, subdivision 2, is amended to read:
Subd. 2.
Restraining order; court jurisdiction.
new text begin (a) new text end A person who is a victim of
harassment or the victim's guardian or conservator may seek a restraining order from the
district court in the manner provided in this section.
new text begin (b) new text end The parent, guardian or conservator, or stepparent of a minor who is a victim of
harassment may seek a restraining order from the district court on behalf of the minor.
new text begin
(c) A minor may seek a restraining order if the minor demonstrates that the minor is
emancipated and the court finds that the order is in the best interests of the emancipated
minor. A minor demonstrates the minor is emancipated by a showing that the minor is living
separate and apart from parents and managing the minor's own financial affairs, and shows,
through an instrument in writing or other agreement, or by the conduct of the parties that
all parents who have a legal parent and child relationship with the minor have relinquished
control and authority over the minor.
new text end
new text begin (d)new text end An application for relief under this section may be filed in the county of residence
of either party or in the county in which the alleged harassment occurred. There are no
residency requirements that apply to a petition for a harassment restraining order.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
APPENDIX
Repealed Minnesota Statutes: H1404-2
363A.20 EXEMPTION BASED ON EMPLOYMENT.
Subd. 3.
Nonpublic service organization.
The provisions of section 363A.08 shall not apply to a nonpublic service organization whose primary function is providing occasional services to minors, such as youth sports organizations, scouting organizations, boys' or girls' clubs, programs providing friends, counselors, or role models for minors, youth theater, dance, music or artistic organizations, agricultural organizations for minors, including 4-H clubs, and other youth organizations, with respect to qualifications of employees or volunteers based on sexual orientation.
363A.27 CONSTRUCTION OF LAW.
Nothing in this chapter shall be construed to:
(1) mean the state of Minnesota condones homosexuality or bisexuality or any equivalent lifestyle;
(2) authorize or permit the promotion of homosexuality or bisexuality in education institutions or require the teaching in education institutions of homosexuality or bisexuality as an acceptable lifestyle;
(3) authorize or permit the use of numerical goals or quotas, or other types of affirmative action programs, with respect to homosexuality or bisexuality in the administration or enforcement of the provisions of this chapter; or
(4) authorize the recognition of or the right of marriage between persons of the same sex.