Minnesota Legislature
HF 447
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/26/2023 11:16pm
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A bill for an act
relating to civil law; amending certain policy provisions related to forfeiture, name
change, property, survival of cause of action after death, mediation for debtors
owning agricultural property, State Board of Public Defense, construction contracts,
civil rights, gender identity, data, notaries public, and health care incident open
discussion; amending Minnesota Statutes 2022, sections 13.072, subdivision 1;
13.32, subdivisions 3, 5; 13.643, subdivision 6; 15.71, by adding subdivisions;
15.72, by adding a subdivision; 82B.195, subdivision 3; 169A.63, subdivision 8;
245I.12, subdivision 1; 259.11; 259.13, subdivisions 1, 5; 325F.992, subdivision
3; 336.9-601; 337.01, subdivision 3; 337.05, subdivision 1; 357.17; 359.04;
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, by adding a subdivision; 363A.09, subdivisions 1, 2, 3, 4; 363A.11,
subdivisions 1, 2; 363A.12, subdivision 1; 363A.13, subdivisions 1, 2, 3, 4;
363A.15; 363A.16, subdivision 1; 363A.17; 363A.21, subdivision 1; 504B.301;
508.52; 517.04; 517.08, subdivisions 1a, 1b; 518.191, subdivisions 1, 3; 550.365,
subdivision 2; 559.209, subdivision 2; 573.01; 573.02, subdivisions 1, 2; 582.039,
subdivision 2; 583.25; 583.26, subdivision 2; 600.23; 609.5314, subdivision 3;
611.215, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 13; 145; 259; 359; 363A; repealing Minnesota Statutes 2022, sections
346.02; 363A.20, subdivision 3; 363A.27; 504B.305; 582.14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CIVIL LAW, PROPERTY, AND BOARD MEMBERSHIP
Section 1.
Minnesota Statutes 2022, 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. 2.
Minnesota Statutes 2022, 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. 3.
Minnesota Statutes 2022, section 259.13, subdivision 1, is amended to read:
Subdivision 1.
Procedure for seeking name change.
(a) A person with a felony
conviction under Minnesota law or the law of another state or federal jurisdiction shall serve
a notice of application for a name change on the prosecuting authority that obtained the
conviction against the person when seeking a name change through one of the following
procedures:
(1) an application for a name change under section 259.10;new text begin or
new text end
deleted text begin
(2) a request for a name change as part of an application for a marriage license under
section 517.08; or
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end a request for a name change in conjunction with a marriage dissolution under
section 518.27.
If the conviction is from another state or federal jurisdiction, notice of application must also
be served on the attorney general.
(b) A person who seeks a name change under section 259.10 or 518.27 shall file proof
of service with the court as part of the name change request. deleted text begin A person who seeks a name
change under section 517.08 shall file proof of service with the county as part of the
application for a marriage license.
deleted text end
(c) The name change request may not be granted during the 30-day period provided for
in subdivision 2 or, if an objection is filed under subdivision 2, until satisfaction of the
requirements in subdivision 3 or 4. Nothing in this section shall delay the granting of a
marriage license under section 517.08, which may be granted without the name change.
Sec. 4.
Minnesota Statutes 2022, section 259.13, subdivision 5, is amended to read:
Subd. 5.
Costs.
new text begin (a) Except as provided in paragraph (b), new text end a person seeking a name change
under this section may proceed in forma pauperis only when the failure to allow the name
change would infringe upon a constitutional right.
new text begin
(b) A court shall not require a person with a felony conviction to pay filing fees for a
name change application provided that the person files the action within 180 days after the
marriage and submits to the court a certified copy of the marriage certificate.
new 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 2022, section 325F.992, subdivision 3, is amended to read:
Subd. 3.
Penalties; remedies.
In addition to any other remedies available under the law,
the military beneficiary injured by a violation of this section may bring a cause of action to
recover damages, reasonable attorney fees and costs, deleted text begin ordeleted text end new text begin andnew text end equitable relief related to a
violation of subdivision 2. The attorney general may enforce this section pursuant to
applicable law.
Sec. 7.
Minnesota Statutes 2022, section 336.9-601, is amended to read:
336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT;
CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT
INTANGIBLES, OR PROMISSORY NOTES.
(a) Rights of secured party after default. After default, a secured party has the rights
provided in this part and, except as otherwise provided in section 336.9-602, those provided
by agreement of the parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and
(2) if the collateral is documents, may proceed either as to the documents or as to the
goods they cover.
(b) Rights and duties of secured party in possession or control. A secured party in
possession of collateral or control of collateral under section 336.7-106, 336.9-104,
336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207.
(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and
(b) are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and
section 336.9-605, after default, a debtor and an obligor have the rights provided in this part
and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has reduced its claim to judgment,
the lien of any levy that may be made upon the collateral by virtue of an execution based
upon the judgment relates back to the earliest of:
(1) the date of perfection of the security interest or agricultural lien in the collateral;
(2) the date of filing a financing statement covering the collateral; or
(3) any date specified in a statute under which the agricultural lien was created.
(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest
or agricultural lien by judicial procedure within the meaning of this section. A secured party
may purchase at the sale and thereafter hold the collateral free of any other requirements
of this article.
(g) Consignor or buyer of certain rights to payment. Except as otherwise provided
in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor
or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(h) Security interest in collateral that is agricultural property; enforcement. A
person may not begin to enforce a security interest in collateral that is agricultural property
subject to sections 583.20 to 583.32 that has secured a debt of more than the amount provided
in section 583.24, subdivision 5, unless: a mediation notice under subsection (i) is served
on the debtor after a condition of default has occurred in the security agreement and a copy
served on the director of the deleted text begin agriculturaldeleted text end new text begin Minnesotanew text end extension service; and the debtor and
creditor have completed mediation under sections 583.20 to 583.32; or as otherwise allowed
under sections 583.20 to 583.32.
(i) Mediation notice. A mediation notice under subsection (h) must contain the following
notice with the blanks properly filled in.
"TO: ...(Name of Debtor)...
YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY
AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural
Property Collateral). THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of
Debt)...
AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE
THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY
DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A
COURT JUDGMENT AGAINST THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU TO
PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN
MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM
FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT
AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE deleted text begin AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE
DIRECTOR OF THE MINNESOTA EXTENSION SERVICEnew text end .
FROM: ...(Name and Address of Secured Party)..."
Sec. 8.
Minnesota Statutes 2022, section 504B.301, is amended to read:
504B.301 EVICTION ACTION FOR UNLAWFUL DETENTION.
A person may be evicted if the person has unlawfully or forcibly occupied or taken
possession of real property or unlawfully detains or retains possession of real property.
deleted text begin
A seizure under section 609.5317, subdivision 1, for which there is not a defense under
section 609.5317, subdivision 3, constitutes unlawful detention by the tenant.
deleted 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
Sec. 9.
Minnesota Statutes 2022, section 508.52, is amended to read:
508.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW
CERTIFICATE.
An owner of registered land who desires to convey the land, or a portion thereof, in fee,
shall execute a deed of conveyance, and record the deed with the registrar. The deed of
conveyance shall be recorded and endorsed with the number and place of registration of
the certificate of title. Before canceling the outstanding certificate of title the registrar shall
show by memorial thereon the registration of the deed on the basis of which it is canceled.
The encumbrances, claims, or interests adverse to the title of the registered owner shall be
stated upon the new certificate, except so far as they may be simultaneously released or
discharged. The registrar shall not carry forward as a memorial on the new certificate of
title any memorials of a transfer on death deed if the grantors of the transfer on death deed
retain no fee interest in the land covered by the new certificate. The certificate of title shall
be marked "Canceled" by the registrar, who shall enter in the register a new certificate of
title to the grantee and prepare deleted text begin and deliver to the granteedeleted text end a deleted text begin copy of thedeleted text end new certificate of
title.new text begin The registrar, upon request, shall deliver to the grantee a copy of the new certificate
of title.new text end If a deed in fee is for a portion of the land described in a certificate of title, the
memorial of the deed entered by the registrar shall include the legal description contained
in the deed and the registrar shall enter a new certificate of title to the grantee for the portion
of the land conveyed and, except as otherwise provided in this section, issue a residue
certificate of title to the grantor for the portion of the land not conveyed. The registrar shall
prepare andnew text begin , upon request,new text end deliver to each of the parties a copy of their respective certificates
of title. In lieu of canceling the grantor's certificate of title and issuing a residue certificate
to the grantor for the portion of the land not conveyed, the registrar may if the grantor's
deed does not divide a parcel of unplatted land, and in the absence of a request to the contrary
by the registered owner, mark by the land description on the certificate of title "Part of land
conveyed, see memorials." The fee for a residue certificate of title shall be paid to the
registrar only when the grantor's certificate of title is canceled after the conveyance by the
grantor of a portion of the land described in the grantor's certificate of title. When two or
more successive conveyances of the same property are filed for registration on the same
day the registrar may enter a certificate in favor of the grantee or grantees in the last of the
successive conveyances, and the memorial of the previous deed or deeds entered on the
prior certificate of title shall have the same force and effect as though the prior certificate
of title had been entered in favor of the grantee or grantees in the earlier deed or deeds in
the successive conveyances. The fees for the registration of the earlier deed or deeds shall
be the same as the fees prescribed for the entry of memorials. The registrar of titles, with
the consent of the transferee, may mark "See memorials for new owner(s)" by the names
of the registered owners on the certificate of title and also add to the memorial of the
transferring conveyance a statement that the memorial shall serve in lieu of a new certificate
of title in favor of the grantee or grantees therein noted and may refrain from canceling the
certificate of title until the time it is canceled by a subsequent transfer, and the memorial
showing such transfer of title shall have the same effect as the entry of a new certificate of
title for the land described in the certificate of title; the fee for the registration of a conveyance
without cancellation of the certificate of title shall be the same as the fee prescribed for the
entry of a memorial.
Sec. 10.
Minnesota Statutes 2022, section 517.08, subdivision 1a, is amended to read:
Subd. 1a.
Form.
Application for a civil marriage license shall be made by both of the
parties upon a form provided for the purpose and shall contain the following information:
(1) the full names of the parties and the sex of each party;
(2) their post office addresses and county and state of residence;
(3) their full ages;
(4) if either party has previously been married, the party's married name, and the date,
place and court in which the civil marriage was dissolved or annulled or the date and place
of death of the former spouse;
(5) whether the parties are related to each other, and, if so, their relationship;
(6) the address of the parties after the civil marriage is entered into to which the local
registrar shall send a certified copy of the civil marriage certificate;
(7) the full names the parties will have after the civil marriage is entered into and the
parties' Social Security numbers. The Social Security numbers must be collected for the
application but must not appear on the civil marriage license. If a party listed on a civil
marriage application does not have a Social Security number, the party must certify on the
application, or a supplement to the application, that the party does not have a Social Security
number;
(8) if one deleted text begin or both of the partiesdeleted text end new text begin partynew text end to the civil marriage license has a felony conviction
under Minnesota law or the law of another state or federal jurisdiction, the deleted text begin parties shall
provide to the county proof of service upon the prosecuting authority and, if applicable, the
attorney general, as required bydeleted text end new text begin party may not change the party's name through the marriage
application process and must follow the process innew text end section 259.13new text begin to change the party's
namenew text end ; and
(9) notice that a party who has a felony conviction under Minnesota law or the law of
another state or federal jurisdiction may not use a different name after a civil marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.
Sec. 11.
Minnesota Statutes 2022, 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. Both parties must present proof of age to the local registrar.
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. The civil marriage license must not be
released until the verification statement and 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.
deleted text begin
(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:
deleted text end
deleted text begin
(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
deleted text end
deleted text begin
(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.
deleted text end
Sec. 12.
Minnesota Statutes 2022, section 518.191, subdivision 1, is amended to read:
Subdivision 1.
Abbreviated judgment and decree.
If real estate is described in a
judgment and decree of dissolution, the court deleted text begin maydeleted text end new text begin shall new text end direct either of the parties or their
legal counsel to prepare and submit to the court a proposed summary real estate disposition
judgment. Upon approval by the court and filing of the summary real estate disposition
judgment with the court administrator, the court administrator shall provide to any party
upon request certified copies of the summary real estate disposition judgment.
Sec. 13.
Minnesota Statutes 2022, section 518.191, subdivision 3, is amended to read:
Subd. 3.
Court order.
An order or provision in a judgment and decree that provides
that the judgment and decree must be recorded in the office of the county recorder or filed
in the office of the registrar of titles means, if a summary real estate disposition judgment
has been approved by the court, that the summary real estate disposition judgment, rather
than the judgment and decree, must be recorded in the office of the county recorder or filed
in the office of the registrar of titles.new text begin The recorder or registrar of titles is not responsible for
determining if a summary real estate disposition judgment has been approved by the court.
new text end
Sec. 14.
Minnesota Statutes 2022, section 550.365, subdivision 2, is amended to read:
Subd. 2.
Contents.
A mediation notice must contain the following notice with the blanks
properly filled in.
"TO: ....(Name of Judgment Debtor)....
A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON
....(Date of Judgment).
AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO
TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED
AS....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE
AMOUNT OF ....(Amount of Debt)....
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE deleted text begin AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE
DIRECTOR OF THE MINNESOTA EXTENSION SERVICEnew text end .
FROM: ....(Name and Address of Judgment Creditor)...."
Sec. 15.
Minnesota Statutes 2022, section 559.209, subdivision 2, is amended to read:
Subd. 2.
Contents.
A mediation notice must contain the following notice with the blanks
properly filled in.
"TO: ....(Name of Contract for Deed Purchaser)....
YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE
AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of
Property, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT IS
....(Amount of Debt)....
AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor)....
INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT
REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS
IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST
MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF
THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE
DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION
YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM
IS AVAILABLE deleted text begin AT ANY COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE DIRECTOR
OF THE MINNESOTA EXTENSION SERVICEnew text end .
FROM: ....(Name and Address of Contract for Deed Vendor)...."
Sec. 16.
Minnesota Statutes 2022, section 573.01, is amended to read:
573.01 SURVIVAL OF CAUSES.
A cause of action arising out of an injury to the person deleted text begin dies with the person of the party
in whose favor it exists, except as provided indeleted text end new text begin survives the death of any party in accordance
withnew text end section 573.02. All other causes of action by one against another, whether arising on
contract or not, survive to the personal representatives of the former and against those of
the latter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action pending on or commenced on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2022, section 573.02, subdivision 1, is amended to read:
Subdivision 1.
Death action.
When death is caused by the wrongful act or omission of
any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
an action therefor if the decedent might have maintained an action, had the decedent lived,
for an injury caused by the wrongful act or omission. An action to recover damages for a
death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
be commenced within three years of the date of death, but in no event shall be commenced
beyond the time set forth in section 541.076. An action to recover damages for a death
caused by an intentional act constituting murder may be commenced at any time after the
death of the decedent. Any other action under this section may be commenced within three
years after the date of death provided that the action must be commenced within six years
after the act or omission. The recovery in the action is the amount the jury deems fair and
just deleted text begin in reference todeleted text end new text begin for all damages suffered by the decedent resulting from the injury prior
to the decedent's death andnew text end the pecuniary loss resulting from the death, and shall be for the
exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary
loss severally suffered by the death. The court then determines the proportionate pecuniary
loss of the persons entitled to the recovery and orders distribution accordingly. Funeral
expenses and any demand for the support of the decedent allowed by the court having
jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as
provided in section 549.20.
If an action for the injury was commenced by the decedent and not finally determined
while living, it may be continued by the trustee for recovery ofnew text begin allnew text end damages for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
suffered by the death. The court on motion shall make an order allowing the continuance
and directing pleadings to be made and issues framed as in actions begun under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action pending on or commenced on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2022, section 573.02, subdivision 2, is amended to read:
Subd. 2.
Injury action.
When injury is caused to a person by the wrongful act or omission
of any person or corporation and the person thereafter dies from a cause unrelated to those
injuries, the trustee appointed in subdivision 3 may maintain an action for deleted text begin special damagesdeleted text end
new text begin all damages new text end arising out of such injury if the decedent might have maintained an action
therefor had the decedent lived. new text begin An action under this subdivision may be commenced within
three years after the date of death provided that the action must be commenced within six
years after the act or omission.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action pending on or commenced on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2022, section 582.039, subdivision 2, is amended to read:
Subd. 2.
Contents.
A mediation notice must contain the following notice with the blanks
properly filled in.
"TO: ....(Name of Record Owner)....
YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL
PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal Description).
THE AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount
of Debt)....
AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... INTENDS
TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR
MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL
BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST
FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER
YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE
deleted text begin AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE
DIRECTOR OF THE MINNESOTA EXTENSION SERVICEnew text end .
FROM: ....(Name and Address of Holder of Mortgage)...."
Sec. 20.
Minnesota Statutes 2022, section 583.25, is amended to read:
583.25 VOLUNTARY MEDIATION PROCEEDINGS.
A debtor that owns agricultural property or a creditor of the debtor may request mediation
of the indebtedness by a farm mediator by applying to the director. The director shall deleted text begin makedeleted text end new text begin
providenew text end voluntary mediation application forms deleted text begin available at the county recorder's and county
extension office in each countydeleted text end new text begin when requestednew text end . The director must evaluate each request
and may direct a mediator to meet with the debtor and creditor to assist in mediation.
Sec. 21.
Minnesota Statutes 2022, section 583.26, subdivision 2, is amended to read:
Subd. 2.
Mediation request.
(a) A debtor must file a mediation request form with the
director by 14 days after receiving a mediation notice. The debtor must state all known
creditors with debts secured for agricultural property and must authorize the director to
obtain the debtor's credit report from one or more credit reporting agencies. The mediation
request form must include an instruction that the debtor must state all known creditors with
debts secured by agricultural property and unsecured creditors that are necessary for the
farm operation of the debtor. It is the debtor's discretion as to which unsecured creditors
are necessary for the farm operation but the mediation request form must notify the debtor
that omission of a significant unsecured creditor could result in a bad-faith determination
pursuant to section 583.27, subdivisions 1, paragraph (a), clause (2), and 2. The mediation
request must state the date that the notice was served on the debtor. The director shall deleted text begin makedeleted text end new text begin
providenew text end mediation request forms deleted text begin available in the county recorder's and county extension
office of each countydeleted text end new text begin when requestednew text end .
(b) Except as provided in section 583.24, subdivision 4, paragraph (a), clause (3), a
debtor who fails to file a timely mediation request waives the right to mediation for that
debt under the Farmer-Lender Mediation Act. The director shall notify the creditor who
served the mediation notice stating that the creditor may proceed against the agricultural
property because the debtor has failed to file a mediation request.
(c) If a debtor has not received a mediation notice and is subject to a proceeding of a
creditor enforcing a debt against agricultural property under chapter 580 or 581 or sections
336.9-601 to 336.9-628, terminating a contract for deed to purchase agricultural property
under section 559.21, or garnishing, levying on, executing on, seizing, or attaching
agricultural property, the debtor may file a mediation request with the director. The mediation
request form must indicate that the debtor has not received a mediation notice.
Sec. 22.
Minnesota Statutes 2022, section 600.23, is amended to read:
600.23 RECORDERS deleted text begin AND COURT ADMINISTRATORSdeleted text end .
Subdivision 1.
Deposit of papers.
Every county recorder, upon being paid the legal fees
therefor, deleted text begin shalldeleted text end new text begin maynew text end receive and deposit in the office any instruments or papers which deleted text begin shall
bedeleted text end new text begin arenew text end offered for that purpose and, if deleted text begin requireddeleted text end new text begin requestednew text end , shall give to the person depositing
the same a receipt therefor.
Subd. 2.
Endorsed and filed.
new text begin Any new text end such instruments or papersnew text begin so receivednew text end shall be filed
by the officer receiving the same, and so endorsed as to indicate their general nature, the
names of the parties thereto, and time when received, and shall be deposited and kept by
the officer and successors in office in the same manner as the officer's official papers, but
in a place separate therefrom.
Subd. 3.
Withdrawal.
Papers and instruments so deposited shall not be made public or
withdrawn from the office except upon the written order of the person depositing the same,
or the person's executors or administrators, or on the order of some court for the purpose
of being read in the court, and then to be returned to the office.
new text begin Subd. 3a. new text end
new text begin Retention and disposal. new text end
new text begin
Papers and instruments deposited for safekeeping
shall be retained, at a minimum, until the earlier of:
new text end
new text begin
(1) the county recorder learns of the depositor's death, at which time the county recorder
may deliver the paper or instrument to the appropriate court, or deliver the paper or instrument
to the depositor's executors or administrators; or
new text end
new text begin
(2) 20 years following the deposit of the paper or instrument, at which time the county
recorder shall dispose of the paper or instrument pursuant to its county's retention policy.
new text end
Subd. 4.
Certificate that instrument cannot be found.
The certificate of any officer
to whom the legal custody of any instrument belongs, stating that the officer has made
diligent search for such instrument and that it cannot be found, shall be prima facie evidence
of the fact so certified to in all cases, matters, and proceedings.
Sec. 23.
Minnesota Statutes 2022, 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. 24.
Minnesota Statutes 2022, section 611.215, subdivision 1, is amended to read:
Subdivision 1.
Structure; membership.
(a) The State Board of Public Defense is a part
of, but is not subject to the administrative control of, the judicial branch of government.
The State Board of Public Defense shall consist of deleted text begin sevendeleted text end new text begin ninenew text end members including:
(1) four attorneys admitted to the practice of law, well acquainted with the defense of
persons accused of crime, but not employed as prosecutors, appointed by the supreme courtnew text begin ,
of which one must be a retired or former public defender within the past five yearsnew text end ; and
(2) deleted text begin threedeleted text end new text begin fivenew text end public members appointed by the governor.
The appointing authorities may not appoint a person who is a judge to be a member of
the State Board of Public Defense, other than as a member of the ad hoc Board of Public
Defense.
(b) All members shall demonstrate an interest in maintaining a high quality, independent
defense system for those who are unable to obtain adequate representation. Appointments
to the board shall include qualified women and members of minority groups. At least three
members of the board shall be from judicial districts other than the First, Second, Fourth,
and Tenth Judicial Districts. The terms, compensation, and removal of members shall be
as provided in section 15.0575. The chair shall be elected by the members from among the
membership for a term of two years.
(c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc
board when considering the appointment of district public defenders under section 611.26,
subdivision 2. The terms of chief district public defenders currently serving shall terminate
in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.
new text begin
(d) Meetings of the board are subject to chapter 13D.
new text end
Sec. 25. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 346.02; and 582.14,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 504B.305,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (b) is effective the day following final enactment.
new text end
ARTICLE 2
CONSTRUCTION CONTRACTS
Section 1.
Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Indemnification agreement. new text end
new text begin
"Indemnification agreement" means an agreement
by the promisor to indemnify, defend, or hold harmless the promisee against liability or
claims of liability for damages arising out of bodily injury to persons or out of physical
damage to tangible or real property.
new text end
Sec. 2.
Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision to
read:
new text begin Subd. 1b. new text end
new text begin Promisee. new text end
new text begin
"Promisee" includes that party's independent contractors, agents,
employees, or indemnitees.
new text end
Sec. 3.
Minnesota Statutes 2022, section 15.72, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Unenforceability of certain agreements. new text end
new text begin
(a) An indemnification agreement
contained in, or executed in connection with, a contract for a public improvement is
unenforceable except to the extent that:
new text end
new text begin
(1) the underlying injury or damage is attributable to the negligent or otherwise wrongful
act or omission, including breach of a specific contractual duty, of the promisor or the
promisor's independent contractors, agents, employees, or delegatees; or
new text end
new text begin
(2) an owner, a responsible party, or a governmental entity agrees to indemnify a
contractor directly or through another contractor with respect to strict liability under
environmental laws.
new text end
new text begin
(b) A provision in a public building or construction contract that requires a party to
provide insurance coverage to one or more other parties, including third parties, for the
negligence or intentional acts or omissions of any of those other parties, including third
parties, is against public policy and is void and unenforceable.
new text end
new text begin
(c) Paragraph (b) does not affect the validity of a provision that requires a party to provide
or obtain workers' compensation insurance, construction performance or payment bonds,
builder's risk policies, or owner or contractor-controlled insurance programs or policies.
new text end
new text begin
(d) Paragraph (b) does not affect the validity of a provision that requires the promisor
to provide or obtain insurance coverage for the promisee's vicarious liability, or liability
imposed by warranty, arising out of the acts or omissions of the promisor.
new text end
new text begin
(e) Paragraph (b) does not apply to building and construction contracts for work within
50 feet of public or private railroads or railroads regulated by the Federal Railroad
Administration.
new text end
Sec. 4.
Minnesota Statutes 2022, section 337.01, subdivision 3, is amended to read:
Subd. 3.
Indemnification agreement.
"Indemnification agreement" means an agreement
by the promisor to indemnifynew text begin , defend,new text end or hold harmless the promisee against liability or
claims of liability for damages arising out of bodily injury to persons or out of physical
damage to tangible or real property.
Sec. 5.
Minnesota Statutes 2022, section 337.05, subdivision 1, is amended to read:
Subdivision 1.
Agreements valid.
(a) Except as otherwise provided in paragraph (b),
sections 337.01 to 337.05 do not affect the validity of agreements whereby a promisor agrees
to provide specific insurance coverage for the benefit of others.
(b) A provision that requires a party to provide insurance coverage to one or more other
parties, including third parties, for the negligence or intentional acts or omissions of any of
those other parties, including third parties, is against public policy and is void and
unenforceable.
(c) Paragraph (b) does not affect the validity of a provision that requires a party to provide
or obtain workers' compensation insurance, construction performance or payment bonds,
deleted text begin or project-specific insurance, including, without limitation,deleted text end builder's risk policiesnew text begin ,new text end or owner
or contractor-controlled insurance programs or policies.
(d) Paragraph (b) does not affect the validity of a provision that requires the promisor
to provide or obtain insurance coverage for the promisee's vicarious liability, or liability
imposed by warranty, arising out of the acts or omissions of the promisor.
(e) Paragraph (b) does not apply to building and construction contracts for work within
50 feet of public or private railroads, or railroads regulated by the Federal Railroad
Administration.
Sec. 6. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 5 are effective the day following final enactment and apply to agreements
entered into on or after that date.
new text end
ARTICLE 3
CIVIL RIGHTS LAW
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 gendernew text begin identitynew 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 attachmentdeleted 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 adultdeleted 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.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. 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 asking, encouraging, or prompting disclosing pay history for the purposes of
negotiating wages, salary, benefits, or other compensation. If an applicant for employment
voluntarily and without asking, encouraging, or 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, 2024. 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,
2024.
new text end
Sec. 15.
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. 16.
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. 17.
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. 18.
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. 19.
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 ordeleted 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. 20.
Minnesota Statutes 2022, 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, for all places of public
accommodation.
new text end
Sec. 21.
Minnesota Statutes 2022, section 363A.12, subdivision 1, is amended to read:
Subdivision 1.
Access to public service.
It is an unfair discriminatory practice to
discriminate against any person in the access to, admission to, full utilization of or benefit
from any public service because of race, color, creed, religion, national origin, disability,
sex, new text begin gender identity, new text end sexual orientation, or status with regard to public assistance or to fail
to ensure physical and program access for disabled persons unless the public service can
demonstrate that providing the access would impose an undue hardship on its operation. In
determining whether providing physical and program access would impose an undue
hardship, factors to be considered include:
(1) the type and purpose of the public service's operation;
(2) the nature and cost of the needed accommodation;
(3) documented good faith efforts to explore less restrictive or less expensive alternatives;
and
(4) the extent of consultation with knowledgeable disabled persons and organizations.
Physical and program access must be accomplished within six months of June 7, 1983,
except for needed architectural modifications, which must be made within two years of June
7, 1983.
Sec. 22.
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. 23.
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. 24.
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. 25.
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. 26.
Minnesota Statutes 2022, section 363A.15, is amended to read:
363A.15 REPRISALS.
It is an unfair discriminatory practice for any individual who participated in the alleged
discrimination as a perpetrator, employer, labor organization, employment agency, public
accommodation, public service, educational institution, or owner, lessor, lessee, sublessee,
assignee or managing agent of any real property, or any real estate broker, real estate
salesperson, or employee or agent thereof to intentionally engage in any reprisal against
any person because that person:
(1) opposed a practice forbidden under this chapter or has filed a charge, testified,
assisted, or participated in any manner in an investigation, proceeding, or hearing under
this chapter; or
(2) associated with a person or group of persons who are disabled or who are of different
race, color, creed, religion, new text begin gender identity, new text end sexual orientation, or national origin.
A reprisal includes, but is not limited to, any form of intimidation, retaliation, or
harassment. It is a reprisal for an employer to do any of the following with respect to an
individual because that individual has engaged in the activities listed in clause (1) or (2):
refuse to hire the individual; depart from any customary employment practice; transfer or
assign the individual to a lesser position in terms of wages, hours, job classification, job
security, or other employment status; or inform another employer that the individual has
engaged in the activities listed in clause (1) or (2).
Sec. 27.
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. 28.
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. 29.
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 contractdeleted 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. 30.
new text begin
[363A.265] GENERAL EXCLUSIONS.
new text end
new text begin
The physical or sexual attachment to children by an adult is not a protected class under
this chapter.
new text end
Sec. 31. 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
ARTICLE 4
DATA
Section 1.
Minnesota Statutes 2022, section 13.072, subdivision 1, is amended to read:
Subdivision 1.
Opinion; when required.
(a) Upon request of a government entity, the
commissioner may give a written opinion on any question relating to public access to
government data, rights of subjects of data, or classification of data under this chapter or
other Minnesota statutes governing government data practices. Upon request of any person
who disagrees with a determination regarding data practices made by a government entity,
the commissioner may give a written opinion regarding the person's rights as a subject of
government data or right to have access to government data.
(b) Upon request of a body subject to chapter 13D, the commissioner may give a written
opinion on any question relating to the body's duties under chapter 13D. Upon request of a
person who disagrees with the manner in which members of a governing body perform their
duties under chapter 13D, the commissioner may give a written opinion on compliance with
chapter 13D. deleted text begin A governing body or person requesting an opinion under this paragraph must
pay the commissioner a fee of $200. Money received by the commissioner under this
paragraph is appropriated to the commissioner for the purposes of this section.
deleted text end
(c) If the commissioner determines that no opinion will be issued, the commissioner
shall give the government entity or body subject to chapter 13D or person requesting the
opinion notice of the decision not to issue the opinion within five business days of receipt
of the request.new text begin Notice must be in writing. For notice by mail, the decision not to issue an
opinion is effective when placed with the United States Postal Service or with the central
mail system of the state of Minnesota.new text end If this notice is not given, the commissioner shall
issue an opinion within deleted text begin 20deleted text end new text begin 50new text end days of receipt of the request.
(d) deleted text begin For good cause and upon written notice to the person requesting the opinion, the
commissioner may extend this deadline for one additional 30-day period. The notice must
state the reason for extending the deadline.deleted text end The government entity or the members of a body
subject to chapter 13D must be provided a reasonable opportunity to explain the reasons
for its decision regarding the data or how they perform their duties under chapter 13D. The
commissioner or the government entity or body subject to chapter 13D may choose to give
notice to the subject of the data concerning the dispute regarding the data or compliance
with chapter 13D.
(e) This section does not apply to a determination made by the commissioner of health
under section 13.3805, subdivision 1, paragraph (b), or 144.6581.
(f) A written, numbered, and published opinion issued by the attorney general shall take
precedence over an opinion issued by the commissioner under this section.
Sec. 2.
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
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment. Data
which a political subdivision collected or created before the effective date of this act, and
which would otherwise be subject to the destruction requirement, must be destroyed no
later than 90 days following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2022, 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) a student's name, home address, telephone number, email address, or other personal
contact information may be disclosed to a public library for purposes of issuing a library
card to the student; or
new text end
new text begin
(s) with Tribal Nations about Tribally enrolled or descendant students to the extent
necessary for the Tribal Nation and school district or charter school to support the educational
attainment of the student.
new text end
Sec. 4.
Minnesota Statutes 2022, 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
information new text begin is public data on individuals to the extent required under federal law. Directory
information must be designated new 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, email 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
(d) When requested, educational agencies or institutions must share personal student
contact information and directory information, whether public or private, with the Minnesota
Department of Education, as required for federal reporting purposes.
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. 5.
Minnesota Statutes 2022, section 13.643, subdivision 6, is amended to read:
Subd. 6.
Animal premises data.
(a) new text begin Except for farmed Cervidae premises location data
collected and maintained under section 35.155, new text end the following data collected and maintained
by the Board of Animal Health related to registration and identification of premises and
animals under chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept; and
(3) the identification number of the premises or the animal.
(b) Except as provided in section 347.58, subdivision 5, data collected and maintained
by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or
nonpublic.
(c) The Board of Animal Health may disclose data collected under paragraph (a) or (b)
to any person, agency, or to the public if the board determines that the access will aid in the
law enforcement process or the protection of public or animal health or safety.
ARTICLE 5
NOTARIES PUBLIC
Section 1.
Minnesota Statutes 2022, 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 a member, director, or partner of an entity organized under
the laws of this state.
new text end
Sec. 2.
Minnesota Statutes 2022, section 359.04, is amended to read:
359.04 POWERS.
Every notary public so appointed, commissioned, and qualified shall have power
throughout this state to administer all oaths required or authorized to be administered in
this state; to take and certify all depositions to be used in any of the courts of this state; to
take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
other instruments in writing or electronic records; to receive, make out, and record notarial
protests; new text begin to perform civil marriages consistent with this chapter and chapter 517; new text end and to
perform online remote notarial acts in compliance with the requirements of sections 358.645
and 358.646.
Sec. 3.
new text begin
[359.115] CIVIL MARRIAGE OFFICIANT.
new text end
new text begin
(a) 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 credentials with the
local registrar of a county in this state. When a local registrar records notary credentials for
a notary public, the local registrar shall provide a certificate of filing to the notary whose
credentials are recorded. A notary public shall endorse and record the county where the
notary public's credentials are recorded upon each certificate of civil marriage granted by
the notary.
new text end
new text begin
(b) A past or current Minnesota elected official, who was elected to a local government
office or to a state or federal government office, shall have the power to solemnize a civil
marriage throughout the state if the elected official has filed a copy of the elected official's
certificate of election with the local registrar of a county in this state. When a local registrar
records an elected official's credentials, the local registrar shall provide a certificate of filing
that the elected official's credentials are recorded, and the elected official shall endorse and
record the county where the elected official's credentials are recorded upon each certificate
of civil marriage granted by the elected official.
new text end
Sec. 4.
Minnesota Statutes 2022, 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 authorized by the Office of the Secretary of State, a past or current Minnesota elected
official authorized by section 359.115, 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.
ARTICLE 6
HEALTH CARE MEDIATION
Section 1.
new text begin
[145.685] COMMUNICATION AND RESOLUTION AFTER A HEALTH
CARE ADVERSE INCIDENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Health care adverse incident" means an objective and definable outcome arising
from or related to patient care that results in the death or physical injury of a patient.
new text end
new text begin
(c) "Health care provider" means a person who is licensed, certified, or registered, or
otherwise permitted by state law, to administer health care in the ordinary course of business
or in the practice of a profession and practices at a health facility.
new text end
new text begin
(d) "Health facility" means a hospital or outpatient surgical center licensed under sections
144.50 to 144.56; a medical, dental, or health care clinic; a diagnostic laboratory; or a
birthing center licensed under section 144.615. The definition of health facility includes
any corporation, professional corporation, partnership, limited liability company, limited
liability partnership, or other entity comprised of health facilities or health care providers.
new text end
new text begin
(e) "Open discussion" means all communications that are made during an open discussion
process under this section and includes memoranda, work product, documents, and other
materials that are prepared for or submitted in the course of or in connection with
communications made under this section. Open discussion does not include any
communication, memoranda, work product, or other materials that would otherwise be
subject to discovery and were not prepared specifically for use in an open discussion pursuant
to this section.
new text end
new text begin
(f) "Patient" means a person who receives health care from a health care provider. If the
patient is under 18 years of age and is not an emancipated minor, the definition of patient
includes the patient's legal guardian or parent. If the patient is deceased or incapacitated,
the definition of patient includes the patient's legal representative.
new text end
new text begin Subd. 2. new text end
new text begin Engaging in an open discussion. new text end
new text begin
(a) If a health care adverse incident occurs,
a health care provider involved in the health care adverse incident, the health facility involved
in the health care adverse incident, or both jointly may provide the patient with written
notice of their desire to enter into an open discussion with the patient to discuss potential
outcomes following a health care adverse incident in accordance with this section. A health
facility may designate a person or class of persons who has the authority to provide the
notice on behalf of the health facility. The patient involved in the health care adverse incident
may provide oral notice to the health care provider, the health facility involved in the health
care adverse incident, or both, of the patient's desire to enter into an open discussion with
either the health care provider, or the health care provider and health facility jointly, to
discuss potential outcomes following a health care adverse incident in accordance with this
section.
new text end
new text begin
(b) If a health care provider or health facility decides to enter into an open discussion
as specified in this section, the written notice must be sent to the patient within 365 days
from the date the health care provider or the health facility knew, or through the use of
diligence should have known, of the health care adverse incident. The notice must include:
new text end
new text begin
(1) the health care provider, health facility, or both jointly desire to pursue an open
discussion in accordance with this section;
new text end
new text begin
(2) the patient's right to receive a copy of the medical records related to the health care
adverse incident and the patient's right to authorize the release of the patient's medical
records related to the health care adverse incident to a third party;
new text end
new text begin
(3) the patient's right to seek legal counsel and to have legal counsel present throughout
the open discussion process;
new text end
new text begin
(4) a copy of section 541.076 with notice that the time for a patient to bring a lawsuit is
limited under section 541.076 and will not be extended by engaging in an open discussion
under this section unless all parties agree in writing to an extension;
new text end
new text begin
(5) that if the patient chooses to engage in an open discussion with the health care
provider, health facility, or jointly with both, all communications made during the course
of the open discussion process, including communications regarding the initiation of an
open discussion are:
new text end
new text begin
(i) privileged and confidential;
new text end
new text begin
(ii) not subject to discovery, subpoena, or other means of legal compulsion for release;
and
new text end
new text begin
(iii) not admissible as evidence in a proceeding arising directly out of the health care
adverse incident, including a judicial, administrative, or arbitration proceeding; and
new text end
new text begin
(6) that any communications, memoranda, work product, documents, or other material
that are otherwise subject to discovery and not prepared specifically for use in an open
discussion under this section are not confidential.
new text end
new text begin
(c) If the patient agrees to engage in an open discussion with a health care provider,
health facility, or jointly with both, the agreement must be in writing and must state that
the patient has received the notice described in paragraph (b).
new text end
new text begin
(d) Upon agreement to engage in an open discussion, the patient, health care provider,
or health facility may include other persons in the open discussion process. All other persons
included in the open discussion must be advised of the parameters of communications made
during the open discussion process specified under paragraph (b), clauses (5) and (6).
new text end
new text begin
(e) If a health care provider or health facility decides to engage in an open discussion,
the health care provider or health facility may:
new text end
new text begin
(1) investigate how the health care adverse incident occurred, including gathering
information regarding the medical care or treatment and disclose the results of the
investigation to the patient;
new text end
new text begin
(2) openly communicate to the patient the steps the health care provider or health facility
will take to prevent future occurrences of the health care adverse incident; and
new text end
new text begin
(3) determine that no offer of compensation for the health care adverse incident is
warranted or that an offer of compensation for the health care adverse incident is warranted.
new text end
new text begin
(f) If a health care provider or health facility determines that no offer of compensation
is warranted, the health care provider or health facility shall orally communicate that decision
to the patient.
new text end
new text begin
(g) If a health care provider or a health facility determines that an offer of compensation
is warranted, the health care provider or health facility shall provide the patient with a written
offer of compensation. If an offer of compensation is made under this paragraph, and the
patient is not represented by legal counsel, the health care provider or health facility shall:
new text end
new text begin
(1) advise the patient of the patient's right to seek legal counsel regarding the offer of
compensation and encourage the patient to seek legal counsel; and
new text end
new text begin
(2) provide notice to the patient that the patient may be legally required to repay medical
and other expenses that were paid by a third party on the patient's behalf, including private
health insurance, Medicaid, or Medicare, along with an itemized statement from the health
provider showing all charges and third-party payments.
new text end
new text begin
(h) Except for an offer of compensation made under paragraph (g), open discussions
between the health care provider or health facility and the patient about compensation shall
not be in writing.
new text end
new text begin Subd. 3. new text end
new text begin Confidentiality of open discussions and offers of compensation. new text end
new text begin
(a) Open
discussion communications made under this section, including offers of compensation made
under subdivision 2:
new text end
new text begin
(1) do not constitute an admission of liability;
new text end
new text begin
(2) are privileged and confidential and shall not be disclosed;
new text end
new text begin
(3) are not admissible as evidence in any subsequent judicial, administrative, or arbitration
proceeding arising directly out of the health care adverse incident, except as provided in
paragraph (b);
new text end
new text begin
(4) are not subject to discovery, subpoena, or other means of legal compulsion for release;
and
new text end
new text begin
(5) shall not be disclosed by any party in any subsequent judicial, administrative, or
arbitration proceeding arising directly out of the health care adverse incident.
new text end
new text begin
(b) A party may move the court or other decision maker in a subsequent proceeding to
adjudicate the matter to admit as evidence a communication made during an open discussion
that contradicts a statement made during the proceeding. The court or other decision maker
shall allow a communication made during an open discussion that contradicts a statement
made at a subsequent proceeding to adjudicate the matter into evidence only if the
communication made during an open discussion is material to the claims presented in the
subsequent proceeding.
new text end
new text begin
(c) Communications, memoranda, work product, documents, and other materials that
are otherwise subject to discovery and that were not prepared specifically for use in an open
discussion under this section are not confidential.
new text end
new text begin
(d) The limitation on disclosure imposed by this subdivision includes disclosure during
any discovery conducted as part of a subsequent adjudicatory proceeding, and a court or
other adjudicatory body shall not compel any person who engages in an open discussion
under this section to disclose confidential communications or agreements made under this
section.
new text end
new text begin
(e) This subdivision does not affect any other law, rule, or requirement with respect to
confidentiality.
new text end
new text begin Subd. 4. new text end
new text begin Payment and resolution. new text end
new text begin
(a) If a patient accepts an offer of compensation
made pursuant to this section, and payment of compensation is made to a patient as a result,
the payment to the patient is not payment resulting from:
new text end
new text begin
(1) a written claim or demand for payment;
new text end
new text begin
(2) a final judgment, settlement, or arbitration award against a health care institution for
medical malpractice purposes; or
new text end
new text begin
(3) a malpractice claim settled or in which judgment is rendered against a health care
professional for purposes of reporting by malpractice insurance companies under sections
146A.03, 147.111, 147A.14, 148.102, 148.263, 148B.381, 148F.205, 150A.13, and 153.24.
new text end
new text begin
(b) A health care provider or health facility may require, as a condition of an offer of
compensation made pursuant to this section, a patient to execute all documents and obtain
any necessary court approval to resolve a health care adverse incident. The parties shall
negotiate the form of the documents to be executed and obtain court approval as necessary.
new text end
new text begin Subd. 5. new text end
new text begin Sunset. new text end
new text begin
This section sunsets on June 30, 2031.
new text end
new text begin Subd. 6. new text end
new text begin Applicability. new text end
new text begin
This section applies only to health care adverse incidents that
occur on or after August 1, 2023.
new text end
APPENDIX
Repealed Minnesota Statutes: H0447-2
346.02 FINDER TO GIVE NOTICE; PENALTY.
A person who finds an estray and knows who owns it shall notify the owner within seven days after finding the estray and request the owner to pay all reasonable charges and take such estray away. A finder who does not know who owns the estray shall within ten days file a notice with the town clerk. The clerk shall transmit a copy thereof to the county recorder, who shall record the same in a book designated "estray book." The finder shall give posted notice of the finding of the estray in said town. The notice shall briefly describe the estray, giving its marks, natural and artificial, as nearly as practicable, naming the residence of the finder, and specifying the town, section, and time when taken up. For failure to give such notice, the finder shall be liable to the owner of the estray in double the amount of damages sustained by the owner thereby.
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.
504B.305 NOTICE OF SEIZURE PROVISION.
Landlords shall give written notice to tenants of the provision relating to seizures in section 504B.301. Failure to give such notice does not subject the landlord to criminal or civil liability and is not a defense under section 609.5317, subdivision 3.
582.14 LIMITATION ON OLD FORECLOSURE ACTIONS.
No action or proceeding to foreclose a real estate mortgage executed prior to November 1, 1909, shall be maintained after January 1, 1946, unless prior to said date the owner of said mortgage shall have filed in the office of the county recorder of the county in which is located the real estate covered thereby, a notice setting forth the name of the claimant, a description of said real estate and of said mortgage including the volume and page at which it is of record and a statement of the amount claimed to be due thereon. Such notices may be discharged in the same manner as notices of lis pendens, and, so discharged, shall, together with all information included therein, cease to constitute either actual or constructive notice.