HF 1558

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:42pm

A bill for an act
relating to public safety; creating liability and vicarious liability for trespass to
critical infrastructure; creating a crime for recruiting or educating individuals to
trespass on or damage critical infrastructure; amending Minnesota Statutes 2020,
sections 609.594, subdivision 1; 609.6055, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 604.

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

Section 1.

new text begin [604.135] CRITICAL INFRASTRUCTURE; JOINT AND SEVERAL
LIABILITY.
new text end

new text begin (a) A person who is convicted of trespass under section 609.6055 or damage to property
under section 609.594, or is arrested for a violation of one or both of those sections and
convicted of another offense arising out of the same behavioral incident, may be held liable
for any damages to personal or real property committed by the person while trespassing or
causing damage to property.
new text end

new text begin (b) A person or entity that knowingly recruits, trains, aids, advises, hires, counsels,
conspires with, or otherwise procures another for the purpose of trespassing or causing
damage to property as described in paragraph (a) may also be jointly and severally liable
for the damages under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to causes
of action arising on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 609.594, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(1) "critical public service facility" includes railroad yards and stations, bus stations,
airports, and other mass transit facilities; oil refineries; storage areas or facilities for hazardous
materials, hazardous substances, or hazardous wastes; deleted text begin and deleted text end bridges new text begin ; community solar gardens;
and solar energy generating systems new text end ;

(2) "pipeline" has the meaning given in section 609.6055, subdivision 1; deleted text begin and
deleted text end

(3) "utility" includes: (i) any organization defined as a utility in section 216C.06,
subdivision 18; (ii) any telecommunications carrier or telephone company regulated under
chapter 237; and (iii) any local utility or enterprise formed for the purpose of providing
electrical or gas heating and power, telephone, water, sewage, wastewater, or other related
utility service, which is owned, controlled, or regulated by a town, a statutory or home rule
charter city, a county, a port development authority, the Metropolitan Council, a district
heating authority, a regional commission or other regional government unit, or a combination
of these governmental units deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) "community solar garden" means a solar energy generating system that is governed
by the provisions of section 216B.1641; and
new text end

new text begin (5) "solar energy generating system" has the meaning given in section 216E.01.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2020, section 609.6055, subdivision 2, is amended to read:

Subd. 2.

Prohibited conduct; penalty.

(a) Whoever enters or is found upon property
containing a critical public service facility, utility, or pipeline, without claim of right or
consent of one who has the right to give consent to be on the property, is guilty of a gross
misdemeanor, if:

(1) the person refuses to depart from the property on the demand of one who has the
right to give consent;

(2) within the past six months, the person had been told by one who had the right to give
consent to leave the property and not to return, unless a person with the right to give consent
has given the person permission to return; or

(3) the property is posted.

(b) Whoever enters an underground structure that (1) contains a utility line or pipeline
and (2) is not open to the public for pedestrian use, without claim of right or consent of one
who has the right to give consent to be in the underground structure, is guilty of a gross
misdemeanor. The underground structure does not need to be posted for this paragraph to
apply.

new text begin (c) Unless a greater penalty is provided elsewhere, whoever violates this section with
intent to damage, destroy, or tamper with equipment, or significantly impede or inhibit
operation, is guilty of a felony and may be sentenced to imprisonment for not more than
three years or to payment of a fine of not more than $5,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to violations
committed on or after that date.
new text end