HF 1655

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 04:05pm

A bill for an act
relating to human rights; creating a separate definition for gender identity; removing
certain sections in the human rights act that allow for discrimination based on
sexual orientation; amending Minnesota Statutes 2022, sections 82B.195,
subdivision 3; 245I.12, subdivision 1; 363A.02, subdivision 1; 363A.03,
subdivisions 23, 44, by adding a subdivision; 363A.04; 363A.06, subdivision 1;
363A.07, subdivision 2; 363A.08, subdivisions 1, 2, 3, 4; 363A.09, subdivisions
1, 2, 3, 4; 363A.11, subdivision 1; 363A.13, subdivisions 1, 2, 3, 4; 363A.16,
subdivision 1; 363A.17; 363A.21, subdivision 1; repealing Minnesota Statutes
2022, sections 363A.20, subdivision 3; 363A.27.

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

Section 1.

Minnesota Statutes 2022, section 82B.195, subdivision 3, is amended to read:

Subd. 3.

Additional requirements.

In addition to the requirements of subdivisions 1
and 2, an appraiser must:

(1) not knowingly make any of the following unacceptable appraisal practices:

(i) include inaccurate or misleading factual data about the subject neighborhood, site,
improvements, or comparable sales;

(ii) fail to comment on negative factors with respect to the subject neighborhood, subject
property, or proximity of the subject property to adverse influences;

(iii) unless otherwise disclosed in the appraisal report, use comparables in the valuation
process that the appraiser has not at least personally inspected from the exterior by driving
by them;

(iv) select and use inappropriate comparable sales or fail to use comparables that are
physically and by location the most similar to the subject property;

(v) use data, particularly comparable sales data, that was provided by parties who have
a financial interest in the sale or financing of the subject property without the appraiser's
verification of the information from a disinterested source. For example, it would be
inappropriate for an appraiser to use comparable sales provided by the builder of the subject
property or a real estate broker who is handling the sale of the subject property, unless the
appraiser verifies the accuracy of the data provided through another source. If a signed HUD
Settlement Statement is used for this verification, the appraiser must also verify the sale
data with the buyer or county records. The appraiser must also make an independent
investigation to determine that the comparable sales provided were the best ones available;

(vi) use adjustments to the comparable sales that do not reflect the market's reaction to
the differences between the subject property and the comparables, or fail to make adjustments
when they are clearly indicated;

(vii) develop a valuation conclusion that is based either partially or completely on factors
identified in chapter 363A, including race, color, creed, religion, sex, new text begin gender identity, new text end marital
status, status with regard to public assistance, disability, sexual orientation, familial status
of the owner or occupants of nearby property, or national origin of either the prospective
owners or occupants of the properties in the vicinity of the subject property; or

(viii) develop a valuation conclusion that is not supported by available market data;

(2) provide a resume, current within six months of the date it is provided, to anyone who
employs the appraiser, indicating all professional degrees and licenses held by the appraiser;
and

(3) reject any request by the person who has employed the appraiser that is in conflict
with the requirements of Minnesota law or this chapter and withdraw from the appraisal
assignment if the employing party persists in the request.

Sec. 2.

Minnesota Statutes 2022, section 245I.12, subdivision 1, is amended to read:

Subdivision 1.

Client rights.

A license holder must ensure that all clients have the
following rights:

(1) the rights listed in the health care bill of rights in section 144.651;

(2) the right to be free from discrimination based on age, race, color, creed, religion,
national origin, new text begin sex, new text end gender new text begin identity new text end , marital status, disability, sexual orientation, and status
with regard to public assistance. The license holder must follow all applicable state and
federal laws including the Minnesota Human Rights Act, chapter 363A; and

(3) the right to be informed prior to a photograph or audio or video recording being made
of the client. The client has the right to refuse to allow any recording or photograph of the
client that is not for the purposes of identification or supervision by the license holder.

Sec. 3.

Minnesota Statutes 2022, section 363A.02, subdivision 1, is amended to read:

Subdivision 1.

Freedom from discrimination.

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

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

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

(3) in public accommodations because of race, color, creed, religion, national origin,
sex, new text begin gender identity, new text end sexual orientation, and disability;

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

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

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

Sec. 4.

Minnesota Statutes 2022, section 363A.03, subdivision 23, is amended to read:

Subd. 23.

Local commission.

"Local commission" means an agency of a city, county,
or group of counties created pursuant to law, resolution of a county board, city charter, or
municipal ordinance for the purpose of dealing with discrimination on the basis of race,
color, creed, religion, national origin, sex, new text begin gender identity, new text end age, disability, marital status,
status with regard to public assistance, sexual orientation, or familial status.

Sec. 5.

Minnesota Statutes 2022, section 363A.03, subdivision 44, is amended to read:

Subd. 44.

Sexual orientation.

"Sexual orientation" means having or being perceived as
having an emotional, physical, or sexual attachment to another person without regard to the
sex of that person or having or being perceived as having an orientation for such attachment deleted text begin ,
or having or being perceived as having a self-image or identity not traditionally associated
with one's biological maleness or femaleness. "Sexual orientation" does not include a physical
or sexual attachment to children by an adult deleted text end .

Sec. 6.

Minnesota Statutes 2022, section 363A.03, is amended by adding a subdivision to
read:

new text begin Subd. 50. new text end

new text begin Gender identity. new text end

new text begin "Gender identity" means a person's inherent sense of being
a man, woman, both, or neither. A person's gender identity may or may not correspond to
their assigned sex at birth or to their primary or secondary sex characteristics. A person's
gender identity is not necessarily visible to others.
new text end

Sec. 7.

Minnesota Statutes 2022, section 363A.04, is amended to read:

363A.04 CONSTRUCTION AND EXCLUSIVITY.

The provisions of this chapter shall be construed liberally for the accomplishment of the
purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the
provisions of the civil rights law or of any other law of this state relating to discrimination
because of race, creed, color, religion, sex, new text begin gender identity, new text end age, disability, marital status,
status with regard to public assistance, national origin, sexual orientation, or familial status;
but, as to acts declared unfair by sections 363A.08 to 363A.19, and 363A.28, subdivision
10, the procedure herein provided shall, while pending, be exclusive.

Sec. 8.

Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:

Subdivision 1.

Formulation of policies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 9.

Minnesota Statutes 2022, section 363A.07, subdivision 2, is amended to read:

Subd. 2.

Referral from commissioner.

The commissioner, whether or not a charge has
been filed under this chapter, may refer a matter involving discrimination because of race,
color, religion, sex, new text begin gender identity, new text end creed, disability, marital status, status with regard to
public assistance, national origin, age, sexual orientation, or familial status to a local
commission for study and report.

Upon referral by the commissioner, the local commission shall make a report and make
recommendations to the commissioner and take other appropriate action within the scope
of its powers.

Sec. 10.

Minnesota Statutes 2022, section 363A.08, subdivision 1, is amended to read:

Subdivision 1.

Labor organization.

Except when based on a bona fide occupational
qualification, it is an unfair employment practice for a labor organization, because of race,
color, creed, religion, national origin, sex, new text begin gender identity, new text end marital status, status with regard
to public assistance, familial status, disability, sexual orientation, or age:

(1) to deny full and equal membership rights to a person seeking membership or to a
member;

(2) to expel a member from membership;

(3) to discriminate against a person seeking membership or a member with respect to
hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or
privileges of employment; or

(4) to fail to classify properly, or refer for employment or otherwise to discriminate
against a person or member.

Sec. 11.

Minnesota Statutes 2022, section 363A.08, subdivision 2, is amended to read:

Subd. 2.

Employer.

Except when based on a bona fide occupational qualification, it is
an unfair employment practice for an employer, because of race, color, creed, religion,
national origin, sex, new text begin gender identity, new text end marital status, status with regard to public assistance,
familial status, membership or activity in a local commission, disability, sexual orientation,
or age to:

(1) refuse to hire or to maintain a system of employment which unreasonably excludes
a person seeking employment; or

(2) discharge an employee; or

(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
upgrading, conditions, facilities, or privileges of employment.

Sec. 12.

Minnesota Statutes 2022, section 363A.08, subdivision 3, is amended to read:

Subd. 3.

Employment agency.

Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employment agency, because of
race, color, creed, religion, national origin, sex, new text begin gender identity, new text end marital status, status with
regard to public assistance, familial status, disability, sexual orientation, or age to:

(1) refuse or fail to accept, register, classify properly, or refer for employment or
otherwise to discriminate against a person; or

(2) comply with a request from an employer for referral of applicants for employment
if the request indicates directly or indirectly that the employer fails to comply with the
provisions of this chapter.

Sec. 13.

Minnesota Statutes 2022, section 363A.08, subdivision 4, is amended to read:

Subd. 4.

Employer, employment agency, or labor organization.

(a) Except when
based on a bona fide occupational qualification, it is an unfair employment practice for an
employer, employment agency, or labor organization, before a person is employed by an
employer or admitted to membership in a labor organization, to:

(1) require or request the person to furnish information that pertains to race, color, creed,
religion, national origin, sex, new text begin gender identity, new text end marital status, status with regard to public
assistance, familial status, disability, sexual orientation, or age; or, subject to section 363A.20,
to require or request a person to undergo physical examination; unless for the sole and
exclusive purpose of national security, information pertaining to national origin is required
by the United States, this state or a political subdivision or agency of the United States or
this state, or for the sole and exclusive purpose of compliance with the Public Contracts
Act or any rule, regulation, or laws of the United States or of this state requiring the
information or examination. A law enforcement agency may, after notifying an applicant
for a peace officer or part-time peace officer position that the law enforcement agency is
commencing the background investigation on the applicant, request the applicant's date of
birth, gender, and race on a separate form for the sole and exclusive purpose of conducting
a criminal history check, a driver's license check, and fingerprint criminal history inquiry.
The form shall include a statement indicating why the data is being collected and what its
limited use will be. No document which has date of birth, gender, or race information will
be included in the information given to or available to any person who is involved in selecting
the person or persons employed other than the background investigator. No person may act
both as background investigator and be involved in the selection of an employee except that
the background investigator's report about background may be used in that selection as long
as no direct or indirect references are made to the applicant's race, age, or gender; or

(2) seek and obtain for purposes of making a job decision, information from any source
that pertains to the person's race, color, creed, religion, national origin, sex, new text begin gender identity,
new text end marital status, status with regard to public assistance, familial status, disability, sexual
orientation, or age, unless for the sole and exclusive purpose of compliance with the Public
Contracts Act or any rule, regulation, or laws of the United States or of this state requiring
the information; or

(3) cause to be printed or published a notice or advertisement that relates to employment
or membership and discloses a preference, limitation, specification, or discrimination based
on race, color, creed, religion, national origin, sex, new text begin gender identity, new text end marital status, status
with regard to public assistance, familial status, disability, sexual orientation, or age.

(b) Any individual who is required to provide information that is prohibited by this
subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
subdivisions 1 to 9.

Sec. 14.

Minnesota Statutes 2022, section 363A.09, subdivision 1, is amended to read:

Subdivision 1.

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

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

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

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

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

Sec. 15.

Minnesota Statutes 2022, section 363A.09, subdivision 2, is amended to read:

Subd. 2.

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

It is an unfair
discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent
thereof:

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

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

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

Sec. 16.

Minnesota Statutes 2022, section 363A.09, subdivision 3, is amended to read:

Subd. 3.

Real property interest; action by financial institution.

It is an unfair
discriminatory practice for a person, bank, banking organization, mortgage company,
insurance company, or other financial institution or lender to whom application is made for
financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair
or maintenance of any real property or any agent or employee thereof:

(1) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, new text begin gender identity, new text end marital status, status with regard to public
assistance, disability, sexual orientation, or familial status of the person or group of persons
or of the prospective occupants or tenants of the real property in the granting, withholding,
extending, modifying or renewing, or in the rates, terms, conditions, or privileges of the
financial assistance or in the extension of services in connection therewith; or

(2) to use any form of application for the financial assistance or make any record or
inquiry in connection with applications for the financial assistance which expresses, directly
or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
national origin, sex, new text begin gender identity, new text end marital status, status with regard to public assistance,
disability, sexual orientation, or familial status or any intent to make any such limitation,
specification, or discrimination; or

(3) to discriminate against any person or group of persons who desire to purchase, lease,
acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural
area or any part thereof solely because of the social, economic, or environmental conditions
of the area in the granting, withholding, extending, modifying, or renewing, or in the rates,
terms, conditions, or privileges of the financial assistance or in the extension of services in
connection therewith.

Sec. 17.

Minnesota Statutes 2022, section 363A.09, subdivision 4, is amended to read:

Subd. 4.

Real property transaction.

It is an unfair discriminatory practice for any real
estate broker or real estate salesperson, for the purpose of inducing a real property transaction
from which the person, the person's firm, or any of its members may benefit financially, to
represent that a change has occurred or will or may occur in the composition with respect
to race, creed, color, national origin, sex, new text begin gender identity, new text end marital status, status with regard
to public assistance, sexual orientation, or disability of the owners or occupants in the block,
neighborhood, or area in which the real property is located, and to represent, directly or
indirectly, that this change will or may result in undesirable consequences in the block,
neighborhood, or area in which the real property is located, including but not limited to the
lowering of property values, an increase in criminal or antisocial behavior, or a decline in
the quality of schools or other public facilities.

Sec. 18.

Minnesota Statutes 2022, section 363A.11, subdivision 1, is amended to read:

Subdivision 1.

Full and equal enjoyment of public accommodations.

(a) It is an unfair
discriminatory practice:

(1) to deny any person the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of a place of public accommodation because
of race, color, creed, religion, disability, national origin, marital status, sexual orientation,
deleted text begin or deleted text end sex, new text begin or gender identity, new text end or for a taxicab company to discriminate in the access to, full
utilization of, or benefit from service because of a person's disability; or

(2) for a place of public accommodation not to make reasonable accommodation to the
known physical, sensory, or mental disability of a disabled person. In determining whether
an accommodation is reasonable, the factors to be considered may include:

(i) the frequency and predictability with which members of the public will be served by
the accommodation at that location;

(ii) the size of the business or organization at that location with respect to physical size,
annual gross revenues, and the number of employees;

(iii) the extent to which disabled persons will be further served from the accommodation;

(iv) the type of operation;

(v) the nature and amount of both direct costs and legitimate indirect costs of making
the accommodation and the reasonableness for that location to finance the accommodation;
and

(vi) the extent to which any persons may be adversely affected by the accommodation.

(b) State or local building codes control where applicable. Violations of state or local
building codes are not violations of this chapter and must be enforced under normal building
code procedures.

Sec. 19.

Minnesota Statutes 2022, section 363A.13, subdivision 1, is amended to read:

Subdivision 1.

Utilization; benefit or services.

It is an unfair discriminatory practice
to discriminate in any manner in the full utilization of or benefit from any educational
institution, or the services rendered thereby to any person because of race, color, creed,
religion, national origin, sex, new text begin gender identity, new text end age, marital status, status with regard to public
assistance, sexual orientation, or disability, or to fail to ensure physical and program access
for disabled persons. For purposes of this subdivision, program access includes but is not
limited to providing taped texts, interpreters or other methods of making orally delivered
materials available, readers in libraries, adapted classroom equipment, and similar auxiliary
aids or services. Program access does not include providing attendants, individually
prescribed devices, readers for personal use or study, or other devices or services of a
personal nature.

Sec. 20.

Minnesota Statutes 2022, section 363A.13, subdivision 2, is amended to read:

Subd. 2.

Exclude, expel, or selection.

It is an unfair discriminatory practice to exclude,
expel, or otherwise discriminate against a person seeking admission as a student, or a person
enrolled as a student because of race, color, creed, religion, national origin, sex, new text begin gender
identity, new text end age, marital status, status with regard to public assistance, sexual orientation, or
disability.

Sec. 21.

Minnesota Statutes 2022, section 363A.13, subdivision 3, is amended to read:

Subd. 3.

Admission form or inquiry.

It is an unfair discriminatory practice to make or
use a written or oral inquiry, or form of application for admission that elicits or attempts to
elicit information, or to make or keep a record, concerning the creed, religion, new text begin gender identity,
new text end sexual orientation, or disability of a person seeking admission, except as permitted by rules
of the department.

Sec. 22.

Minnesota Statutes 2022, section 363A.13, subdivision 4, is amended to read:

Subd. 4.

Purpose for information and record.

It is an unfair discriminatory practice
to make or use a written or oral inquiry or form of application that elicits or attempts to
elicit information, or to keep a record concerning the race, color, national origin, sex, new text begin gender
identity, sexual orientation, new text end age, or marital status of a person seeking admission, unless the
information is collected for purposes of evaluating the effectiveness of recruitment,
admissions, and other educational policies, and is maintained separately from the application.

Sec. 23.

Minnesota Statutes 2022, section 363A.16, subdivision 1, is amended to read:

Subdivision 1.

Personal or commercial credit.

It is an unfair discriminatory practice
to discriminate in the extension of personal or commercial credit to a person, or in the
requirements for obtaining credit, because of race, color, creed, religion, disability, national
origin, sex, new text begin gender identity, new text end sexual orientation, or marital status, or due to the receipt of
federal, state, or local public assistance including medical assistance.

Sec. 24.

Minnesota Statutes 2022, section 363A.17, is amended to read:

363A.17 BUSINESS DISCRIMINATION.

It is an unfair discriminatory practice for a person engaged in a trade or business or in
the provision of a service:

(1) to refuse to do business with or provide a service to a woman based on her use of
her current or former surname; or

(2) to impose, as a condition of doing business with or providing a service to a woman,
that a woman use her current surname rather than a former surname; or

(3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate
in the basic terms, conditions, or performance of the contract because of a person's race,
national origin, color, sex, new text begin gender identity, new text end sexual orientation, or disability, unless the alleged
refusal or discrimination is because of a legitimate business purpose.

Nothing in this section shall prohibit positive action plans.

Sec. 25.

Minnesota Statutes 2022, 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,
new text begin gender identity, new text end 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 ; or deleted 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. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 363A.20, subdivision 3; and 363A.27, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1655-1

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.