Minnesota Legislature
SF 200
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 12:57pm
Current Version - 1st Engrossment
1.22 1.23
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A bill for an act
relating to judiciary; amending policy provisions governing data privacy and access,
civil remedies, human rights, civil forfeiture, criminal procedure, marriage, name
changes, real property, and multimember agency appointments; amending
Minnesota Statutes 2022, sections 13.72, subdivision 19, by adding a subdivision;
15.0597, subdivisions 1, 4, 5, 6; 168B.07, subdivision 3, by adding subdivisions;
169A.63, subdivision 8; 259.11; 259.13, subdivision 1; 325F.70, by adding a
subdivision; 336.9-601; 351.01, subdivision 2; 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, subdivision 1; 363A.12, subdivision
1; 363A.13, subdivisions 1, 2, 3, 4; 363A.16, subdivision 1; 363A.17; 363A.21,
subdivision 1; 364.021; 364.06, subdivision 1; 473.387, subdivision 4; 504B.301;
507.07; 508.52; 517.04; 517.08, subdivisions 1a, 1b; 518.191, subdivisions 1, 3;
541.023, subdivision 6; 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;
590.01, subdivision 4; 600.23; 609.5151; 609.5314, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapters 13; 259; 480; 484; 634;
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
DATA PRIVACY
Section 1.
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 section,
and which would otherwise be subject to the destruction requirement in paragraph (b), must
be destroyed no later than 90 days following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2022, section 13.72, subdivision 19, is amended to read:
Subd. 19.
Transit customer data.
(a)new text begin The followingnew text end data on applicants, users, and
customers of public transitnew text begin are private data on individuals: (1) datanew text end collected by or through
a government entity's personalized web services or the Metropolitan Council's regional fare
collection system deleted text begin are private data on individualsdeleted text end new text begin ; and (2) data collected by telephone or
through a third-party software program for the purposes of booking and using public transit
servicesnew text end . As used in this subdivision, the following terms have the meanings given deleted text begin themdeleted text end :
(1) "regional fare collection system" means the fare collection system created and
administered by the council that is used for collecting fares or providing fare cards or passes
for transit services which includes:
(i) regular route bus service within the metropolitan area and paratransit service, whether
provided by the council or by other providers of regional transit service;
(ii) light rail transit service within the metropolitan area;
(iii) rideshare programs administered by the council;
(iv) special transportation services provided under section 473.386; and
(v) commuter rail service;
(2) "personalized web services" means services for which transit service applicants,
users, and customers must establish a user account; deleted text begin and
deleted text end
(3) "metropolitan area" means the area defined in section 473.121, subdivision 2deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) "third-party software program" means a software program that is proprietary to a
third party, including a third-party software program commonly known as a mobile app,
that collects and uses a public transit customer's name and other personally identifiable
information, pick-up and drop-off locations, and other trip data for the purposes of booking
and using public transit services.
new text end
(b) A government entity may disseminate data on user and customer transaction history
and fare card use to government entities, organizations, school districts, educational
institutions, and employers that subsidize or provide fare cards to their clients, students, or
employees. "Data on user and customer transaction history and fare card use" means:
(1) the date a fare card was used;
(2) the time a fare card was used;
(3) the mode of travel;
(4) the type of fare product used; and
(5) information about the date, time, and type of fare product purchased.
Government entities, organizations, school districts, educational institutions, and employers
may use customer transaction history and fare card use data only for purposes of measuring
and promoting fare card use and evaluating the cost-effectiveness of their fare card programs.
If a user or customer requests in writing that the council limit the disclosure of transaction
history and fare card use, the council may disclose only the card balance and the date a card
was last used.
(c) A government entity may disseminate transit service applicant, user, and customer
data to another government entity to prevent unlawful intrusion into government electronic
systems, or as otherwise provided by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2022, section 13.72, is amended by adding a subdivision to
read:
new text begin Subd. 20. new text end
new text begin Transit assistance program data. new text end
new text begin
(a) Data on applicants and users of
Metropolitan Council programs established under section 473.387, subdivision 4, are
classified as private data on individuals under section 13.02, subdivision 12.
new text end
new text begin
(b) The council may disclose transit assistance program data to public or private agencies
or organizations for the purposes of administering and coordinating human services programs
and other support services for the applicants or users.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
new text begin
[13.991] JUDICIAL OFFICIAL DATA; PERSONAL INFORMATION.
new text end
new text begin
Personal information of all judicial officials collected, created, or maintained by a
government entity is private data on individuals. For purposes of this section, the terms
"personal information" and "judicial official" have the meanings given in section 480.40,
subdivision 1.
new text end
Sec. 5.
Minnesota Statutes 2022, section 473.387, subdivision 4, is amended to read:
Subd. 4.
Transit disadvantaged.
The council shall establish a program and policies to
reduce transportation costs for persons who are, because of limited incomes, age, disability,
or other reasons, especially dependent on public transit for common mobility.new text begin Data on
applicants and users of council programs under this subdivision are classified as private
data on individuals under section 13.72, subdivision 20.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
new text begin
[480.40] PERSONAL INFORMATION; CONFIDENTIALITY.
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) "Judicial official" includes:
new text end
new text begin
(1) every Minnesota district court judge, senior judge, and every judge of the Minnesota
Court of Appeals and every active, senior, recalled, or retired federal judge who resides in
Minnesota;
new text end
new text begin
(2) each justice of the Minnesota Supreme Court; and
new text end
new text begin
(3) all employees of the Minnesota judicial branch.
new text end
new text begin
(c) "Personal information" means:
new text end
new text begin
(1) the home address of a judicial official;
new text end
new text begin
(2) the home address of the spouse, domestic partner, or children of a judicial official;
new text end
new text begin
(3) a nonjudicial branch issued telephone number or email address of a judicial official;
new text end
new text begin
(4) the name of any child of a judicial official; and
new text end
new text begin
(5) the name of any childcare facility or school that is attended by a child of a judicial
official.
new text end
new text begin Subd. 2. new text end
new text begin Confidentiality. new text end
new text begin
The personal information of all judicial officials maintained
by a person, business, or association shall be confidential and no person, business, or
association shall publicly post, display, or otherwise make publicly available on the Internet
the personal information of any judicial official. Personal information shall be kept in a
secure manner to prevent unauthorized access. Personal information may be disseminated
pursuant to a specific authorization in law or with the written consent of the judicial official.
new text end
Sec. 7.
new text begin
[484.94] ATTORNEY ACCESS TO COURT RECORDS.
new text end
new text begin
An attorney who is admitted and licensed to practice law in the state may apply for a
Minnesota Government Access account to access electronic court records and documents
stored in the Minnesota Court Information System for cases in state district courts. An
attorney shall be able to view and print case documents and information without cost to the
attorney.
new text end
Sec. 8.
Minnesota Statutes 2022, section 609.5151, is amended to read:
609.5151 DISSEMINATION OF PERSONAL INFORMATION ABOUT LAW
ENFORCEMENTnew text begin OR THE JUDICIARYnew text end PROHIBITED; PENALTY.
Subdivision 1.
Definitions.
As used in this section:
(1) "family or household member" has the meaning given in section 518B.01, subdivision
2;
(2) new text begin "judicial official" includes:
new text end
new text begin
(i) every Minnesota district court judge, senior judge, and every judge of the Minnesota
Court of Appeals and every active, senior, recalled, or retired federal judge who resides in
Minnesota;
new text end
new text begin
(ii) each justice of the Minnesota Supreme Court; and
new text end
new text begin
(iii) all employees of the Minnesota judicial branch;
new text end
new text begin (3) new text end "law enforcement official" means both peace officers as defined in section 626.84,
subdivision 1, and persons employed by a law enforcement agency; and
deleted text begin (3)deleted text end new text begin (4)new text end "personal information" means a home address, directions to a home, or
photographs of a home.
Subd. 2.
Crime described.
(a) It is a misdemeanor for a person to knowingly and without
consent make publicly available, including but not limited to through the Internet, personal
information about a law enforcement officialnew text begin or judicial officialnew text end or an official's family or
household member, if:
(1) the dissemination poses an imminent and serious threat to the official's safety or the
safety of an official's family or household member; and
(2) the person making the information publicly available knows or reasonably should
know of the imminent and serious threat.
(b) A person is guilty of a gross misdemeanor if the person violates paragraph (a) and
a law enforcement officialnew text begin or judicial officialnew text end or an official's family or household member
suffers great bodily harm or death as a result of the violation.
(c) A person who is convicted of a second or subsequent violation of this section is guilty
of a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
ARTICLE 2
CIVIL REMEDIES
Section 1.
Minnesota Statutes 2022, section 168B.07, subdivision 3, is amended to read:
Subd. 3.
Retrieval of contentsnew text begin ; right to reclaimnew text end .
(a) For purposes of this subdivision:
(1) "contents" does not include any permanently affixed mechanical or nonmechanical
automobile parts; automobile body parts; or automobile accessories, including audio or
video players; and
(2) "relief based on need" includes, but is not limited to, receipt of MFIP and Diversionary
Work Program, medical assistance, general assistance, emergency general assistance,
Minnesota supplemental aid, MSA-emergency assistance, MinnesotaCare, Supplemental
Security Income, energy assistance, emergency assistance, Supplemental Nutrition Assistance
Program (SNAP) benefits, earned income tax credit, or Minnesota working family tax credit.
(b) A unit of government or impound lot operator deleted text begin shalldeleted text end new text begin mustnew text end establish reasonable
procedures for retrieval of vehicle contents, and may establish reasonable procedures to
protect the safety and security of the impound lot and its personnel.
(c) At any time before the expiration of the waiting periods provided in section 168B.051,
a registered ownernew text begin of a vehiclenew text end who providesnew text begin proof of identity that includes photographic
identification andnew text end documentation from a government or nonprofit agency or legal aid office
that the registered owner is homeless, receives relief based on need, or is eligible for legal
aid services, has the unencumbered right to retrieve any and all contents without charge and
regardless of whether the registered owner pays incurred charges or fees, transfers title, or
reclaims the vehicle.new text begin A refusal by the impound lot operator to allow the registered owner
to retrieve the vehicle contents after the owner provides valid documentation is a violation
of this paragraph.
new text end
new text begin
(d) An impound lot operator may make copies of the documents presented by the
registered owner under paragraph (c), and the impound lot operator must return all of the
original documents to the registered owner immediately after copying them.
new text end
Sec. 2.
Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Retrieval of contents; identification, medicine, and medical equipment. new text end
new text begin
An
impound lot operator must allow any registered vehicle owner to retrieve, or must retrieve
for the vehicle owner, the following from the impounded vehicle: proof of identification;
prescription medicine; and durable medical equipment, including but not limited to
wheelchairs, prosthetics, canes, crutches, walkers, and external braces.
new text end
Sec. 3.
Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:
new text begin Subd. 3b. new text end
new text begin Retrieval of contents; notice of denial. new text end
new text begin
(a) This subdivision applies to an
impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit
of government exclusively contracts to operate an impound lot solely for public use under
section 168B.09.
new text end
new text begin
(b) An impound lot operator who denies a request of a registered vehicle owner to retrieve
vehicle contents after the registered owner presents documentation pursuant to subdivision
3, paragraph (c), must, at the time of denial, provide the registered owner with a written
statement that identifies the specific reasons for the denial.
new text end
Sec. 4.
Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:
new text begin Subd. 3c. new text end
new text begin Retrieval of contents; public notice. new text end
new text begin
(a) This subdivision applies to an
impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit
of government exclusively contracts to operate an impound lot solely for public use under
section 168B.09.
new text end
new text begin
(b) An impound lot operator must post a conspicuous notice at its place of operation in
the following form:
new text end
new text begin
"If you receive government benefits, are currently homeless, or are eligible for legal aid
services, you have the right to get the contents out of your car free of charge IF you provide:
new text end
new text begin
(1) a photo ID (such as a driver's license, passport, or employer ID); AND
new text end
new text begin
(2) documentation from a government or nonprofit agency or from a legal aid office that
shows you get benefits from a government program based on your income, you are homeless,
or you are eligible for legal aid services. Examples of this documentation include BUT ARE
NOT LIMITED TO:
new text end
new text begin
- an EBT card;
new text end
new text begin
- a Medical Assistance or MinnesotaCare card;
new text end
new text begin
- a Supplemental Nutrition Assistance Program (SNAP) card; and
new text end
new text begin
- a letter, email, or other document from a government agency, nonprofit organization,
or legal aid organization showing that you get benefits from a government program based
on your income, you are homeless, or you are eligible for legal aid services."
new text end
Sec. 5.
Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:
new text begin Subd. 3d. new text end
new text begin Retrieval of contents; remedy. new text end
new text begin
(a) This subdivision applies to an impound
lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit of government
exclusively contracts to operate an impound lot solely for public use under section 168B.09.
new text end
new text begin
(b) If an impound lot operator denies the registered owner the right to retrieve the vehicle
contents in violation of subdivision 3, paragraph (c), an aggrieved registered vehicle owner
has a cause of action against the impound lot operator as provided in this subdivision.
new text end
new text begin
(c) If the vehicle and its contents remain in the possession of the impound lot operator
and retrieval of the vehicle contents was denied in violation of subdivision 3, paragraph (c),
an aggrieved registered vehicle owner is entitled to injunctive relief to retrieve the vehicle
contents as well as reasonable attorney fees and costs.
new text end
new text begin
(d) If an impound lot operator sells or disposes of the vehicle contents after the registered
owner has provided the documentation required under subdivision 3, paragraph (c), an
aggrieved registered vehicle owner is entitled to statutory damages in an amount of $1,000
and reasonable attorney fees and costs. An action brought pursuant to this paragraph must
be brought within 12 months of when the vehicle was impounded.
new text end
Sec. 6.
Minnesota Statutes 2022, section 325F.70, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Private enforcement. new text end
new text begin
(a) In addition to the remedies otherwise provided by
law, a consumer injured by a violation of sections 325F.68 to 325F.70, in connection with
a sale of merchandise for personal, family, household, or agricultural purposes, may bring
a civil action and recover damages, together with costs and disbursements, including costs
of investigation and reasonable attorney fees, and receive other equitable relief as determined
by the court. An action brought under this section benefits the public.
new text end
new text begin
(b) For the purposes of this subdivision:
new text end
new text begin
(1) "consumer" means a natural person or family farmer;
new text end
new text begin
(2) "family farmer" means a person or persons operating a family farm; and
new text end
new text begin
(3) "family farm" has the meaning given in section 116B.02, subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action commenced on or after that date.
new text end
Sec. 7.
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. 8.
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. 9.
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
ARTICLE 3
HUMAN RIGHTS
Section 1.
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, marital
status, disability, status with regard to public assistance, new text begin gender identity, new text end sexual orientation,
familial status, and age;
(2) in housing and real property because of race, color, creed, religion, national origin,
sex, marital status, disability, status with regard to public assistance, new text begin gender identity, new text end 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, marital
status, disability, new text begin gender identity, new text end sexual orientation, and status with regard to public
assistance; and
(5) in education because of race, color, creed, religion, national origin, sex, marital status,
disability, status with regard to public assistance, new text begin gender identity, new text end 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. 2.
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, age, disability, marital status, status with regard
to public assistance, new text begin gender identity, new text end sexual orientation, or familial status.
Sec. 3.
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. 4.
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. 5.
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, age, disability, marital status, status with regard
to public assistance, national origin, new text begin gender identity, new text end 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. 6.
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, age, disability, marital status, status with regard to public assistance, familial
status, new text begin gender identity, new text end 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. 7.
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, creed, disability, marital status, status with regard to public assistance,
national origin, age, new text begin gender identity, new text end 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. 8.
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, marital status, status with regard to public
assistance, familial status, disability, new text begin gender identity, new text end 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. 9.
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, marital status, status with regard to public assistance, familial status,
membership or activity in a local commission, disability, new text begin gender identity, new text end 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. 10.
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, marital status, status with regard to public
assistance, familial status, disability, new text begin gender identity, new text end 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. 11.
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, marital status, status with regard to public assistance, familial
status, disability, new text begin gender identity, new text end 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, marital status,
status with regard to public assistance, familial status, disability, new text begin gender identity, new text end 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, marital status, status with regard to public
assistance, familial status, disability, new text begin gender identity, new text end 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. 12.
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 of 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. 13.
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, marital status, status with regard to public assistance, disability, new text begin gender identity, new text end sexual
orientation, or familial status; or
(2) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
new text begin gender identity, new text end sexual orientation, or familial status in the terms, conditions or privileges
of the sale, rental or lease of any real property or in the furnishing of facilities or services
in connection therewith, except that nothing in this clause shall be construed to prohibit the
adoption of reasonable rules intended to protect the safety of minors in their use of the real
property or any facilities or services furnished in connection therewith; or
(3) in any transaction involving real property, to print, circulate or post or cause to be
printed, circulated, or posted any advertisement or sign, or use any form of application for
the purchase, rental or lease of real property, or make any record or inquiry in connection
with the prospective purchase, rental, or lease of real property which expresses, directly or
indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, disability, new text begin gender
identity, new text end 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. 14.
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, marital status, status with regard to public assistance, disability, new text begin gender identity,
new text end sexual orientation, or familial status or represent that real property is not available for
inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold
any real property or any facilities of real property to or from any person or group of persons
because of race, color, creed, religion, national origin, sex, marital status, status with regard
to public assistance, disability, new text begin gender identity, new text end sexual orientation, or familial status; or
(2) to discriminate against any person because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, disability, new text begin gender identity,
new text end sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental
or lease of real property or in the furnishing of facilities or services in connection therewith;
or
(3) to print, circulate, or post or cause to be printed, circulated, or posted any
advertisement or sign, or use any form of application for the purchase, rental, or lease of
any real property or make any record or inquiry in connection with the prospective purchase,
rental or lease of any real property, which expresses directly or indirectly, any limitation,
specification or discrimination as to race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability, new text begin gender identity, new text end sexual orientation,
or familial status or any intent to make any such limitation, specification, or discrimination
except that nothing in this clause shall be construed to prohibit the advertisement of a
dwelling unit as available to adults-only if the person placing the advertisement reasonably
believes that the provisions of this section prohibiting discrimination because of familial
status do not apply to the dwelling unit.
Sec. 15.
Minnesota Statutes 2022, section 363A.09, subdivision 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, marital status, status with regard to public assistance, disability,
new text begin gender identity, new text end 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, marital status, status with regard to public assistance, disability, new text begin gender
identity, new text end 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. 16.
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, marital status, status with regard to public
assistance, new text begin gender identity, new text end 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. 17.
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, new text begin gender identity,
new text end sexual orientation, or sex, 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. 18.
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. 19.
Minnesota Statutes 2022, section 363A.13, subdivision 1, is amended to read:
Subdivision 1.
Utilization; benefit or services.
It is an unfair discriminatory practice
to discriminate in any manner in the full utilization of or benefit from any educational
institution, or the services rendered thereby to any person because of race, color, creed,
religion, national origin, sex, age, marital status, status with regard to public assistance,
new text begin gender identity, new text end sexual orientation, or disability, or to fail to ensure physical and program
access for disabled persons. For purposes of this subdivision, program access includes but
is not limited to providing taped texts, interpreters or other methods of making orally
delivered materials available, readers in libraries, adapted classroom equipment, and similar
auxiliary aids or services. Program access does not include providing attendants, individually
prescribed devices, readers for personal use or study, or other devices or services of a
personal nature.
Sec. 20.
Minnesota Statutes 2022, section 363A.13, subdivision 2, is amended to read:
Subd. 2.
Exclude, expel, or selection.
It is an unfair discriminatory practice to exclude,
expel, or otherwise discriminate against a person seeking admission as a student, or a person
enrolled as a student because of race, color, creed, religion, national origin, sex, age, marital
status, status with regard to public assistance, new text begin gender identity, new text end sexual orientation, or disability.
Sec. 21.
Minnesota Statutes 2022, section 363A.13, subdivision 3, is amended to read:
Subd. 3.
Admission form or inquiry.
It is an unfair discriminatory practice to make or
use a written or oral inquiry, or form of application for admission that elicits or attempts to
elicit information, or to make or keep a record, concerning the creed, religion, new text begin gender identity,
new text end sexual orientation, or disability of a person seeking admission, except as permitted by rules
of the department.
Sec. 22.
Minnesota Statutes 2022, section 363A.13, subdivision 4, is amended to read:
Subd. 4.
Purpose for information and record.
It is an unfair discriminatory practice
to make or use a written or oral inquiry or form of application that elicits or attempts to
elicit information, or to keep a record concerning the race, color, national origin, sex, new text begin gender
identity, sexual orientation, new text end age, or marital status of a person seeking admission, unless the
information is collected for purposes of evaluating the effectiveness of recruitment,
admissions, and other educational policies, and is maintained separately from the application.
Sec. 23.
Minnesota Statutes 2022, section 363A.16, subdivision 1, is amended to read:
Subdivision 1.
Personal or commercial credit.
It is an unfair discriminatory practice
to discriminate in the extension of personal or commercial credit to a person, or in the
requirements for obtaining credit, because of race, color, creed, religion, disability, national
origin, sex, new text begin gender identity, new text end sexual orientation, or marital status, or due to the receipt of
federal, state, or local public assistance including medical assistance.
Sec. 24.
Minnesota Statutes 2022, section 363A.17, is amended to read:
363A.17 BUSINESS DISCRIMINATION.
It is an unfair discriminatory practice for a person engaged in a trade or business or in
the provision of a service:
(1) to refuse to do business with or provide a service to a woman based on her use of
her current or former surname; or
(2) to impose, as a condition of doing business with or providing a service to a woman,
that a woman use her current surname rather than a former surname; or
(3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate
in the basic terms, conditions, or performance of the contract because of a person's race,
national origin, color, sex, new text begin gender identity, new text end sexual orientation, or disability, unless the alleged
refusal or discrimination is because of a legitimate business purpose.
Nothing in this section shall prohibit positive action plans.
Sec. 25.
Minnesota Statutes 2022, section 363A.21, subdivision 1, is amended to read:
Subdivision 1.
Housing.
The provisions of section 363A.09 shall not apply to:
(1) rooms in a temporary or permanent residence home run by a nonprofit organization,
if the discrimination is by sex;new text begin or
new text end
(2) the rental by a resident owner or occupier of a one-family accommodation of a room
or rooms in the accommodation to another person or persons if the discrimination is by sex,
marital status, status with regard to public assistance, new text begin gender identity,new text end 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. 26. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 363A.20, subdivision 3; and 363A.27,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
CIVIL AND CRIMINAL PROCEDURE
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 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. 3.
Minnesota Statutes 2022, section 590.01, subdivision 4, is amended to read:
Subd. 4.
Time limit.
(a) No petition for postconviction relief may be filed more than
two years after the later of:
(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or
(2) an appellate court's disposition of petitioner's direct appeal.
(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief
if:
(1) the petitioner establishes that a physical disability or mental disease precluded a
timely assertion of the claim;
(2) the petitioner alleges the existence of newly discovered evidence, including scientific
evidence, that new text begin provides the factual predicate for one or more claims for relief, if such evidence
new text end could not have been ascertained by the exercise of due diligence by the petitioner or
petitioner's attorney within the two-year time period for filing a postconviction petition, deleted text begin and
the evidencedeleted text end is not cumulative to evidence presented at trial, new text begin and new text end is not for impeachment
purposesdeleted text begin , and establishes by a clear and convincing standard that the petitioner is innocent
of the offense or offenses for which the petitioner was convicteddeleted text end ;
(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory
law by either the United States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively applicable to the petitioner's
case;
(4) the petition is brought pursuant to subdivision 3; or
(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous
and is in the interests of justice.
(c) Any petition invoking an exception provided in paragraph (b) must be filed within
two years of the date the claim arises.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
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. 5.
new text begin
[634.025] CONFESSION; INADMISSIBLE WHEN DECEPTION IS USED.
new text end
new text begin
Any admission, confession, or statement, whether written or oral, made by any person
during a custodial interrogation by a law enforcement agency official, juvenile court official,
or their agent, is involuntarily made and inadmissible in any proceeding if, during the
interrogation, a law enforcement agency official or juvenile court official or their agent
knowingly:
new text end
new text begin
(1) communicated false facts about evidence;
new text end
new text begin
(2) misrepresented the accuracy of facts; or
new text end
new text begin
(3) communicated unauthorized statements regarding leniency.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024, and applies to admission,
confession, or statement, whether written or oral, made on or after that date.
new text end
Sec. 6. new text begin REPEALER.
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
This section is effective the day following final enactment.
new text end
ARTICLE 5
MARRIAGE AND NAME CHANGE
Section 1.
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. 2.
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;
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 518.27deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) a request for a name change under section 259.14.
new text end
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. 3.
new text begin
[259.14] POSTDISSOLUTION NAME CHANGE.
new text end
new text begin
(a) Unless section 259.13 applies, 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
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. A person applying for a name
change who obtained a divorce in a state other than Minnesota must submit a certified copy
of the certificate of dissolution or a certified copy of an equivalent court order ending the
marriage 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 pursuant to this section 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) the name change is subject to section 259.13. 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. 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, 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, new text begin an individual who registers as a civil marriage officiant with a local registrar
in a county of this state, new text end or by any mode recognized in section 517.18. For purposes of this
section, a court of record includes the Office of Administrative Hearings under section
14.48.
Sec. 5.
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. 6.
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
ARTICLE 6
REAL PROPERTY
Section 1.
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. 2.
Minnesota Statutes 2022, section 507.07, is amended to read:
507.07 WARRANTY AND QUITCLAIM DEEDSdeleted text begin ; FORMSdeleted text end .
Warranty and quitclaim deeds may be substantially in the following forms:
WARRANTY DEED
A.B., grantor, of (here insert the place of residence), for and in consideration of (here
insert the consideration), conveys and warrants to C.D., grantee, of (here insert the place
of residence), the following described real estate in the county of .........................., in the
state of Minnesota: (here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed as required by law, shall be a conveyance in fee
simple of the premises described to the grantee, the grantee's heirs and assigns, with
covenants on the part of the grantor, the grantor's heirs and personal representatives, that
the grantor is lawfully seized of the premises in fee simple and has good right to convey
the same; that the premises are free from all encumbrances; that the grantor warrants to the
grantee, the grantee's heirs and assigns, the quiet and peaceable possession thereof; and that
the grantor will defend the title thereto against all persons who may lawfully claim the same.
Such covenants shall be obligatory upon any grantor, the grantor's heirs and personal
representatives, as fully and with like effect as if written at length in such deed.
QUITCLAIM DEED
A.B., grantor, of (here insert the place of residence), for the consideration of (here insert
the consideration), conveys and quitclaims to C.D., the grantee, of (here insert the place of
residence), all interest in the following described real estate in the county of ..........................,
in the state of Minnesota: (here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed, shall be a conveyance to the grantee, the grantee's
heirs and assigns, of all right, title, and interest of the grantor in the premises described, but
shall not extend to after acquired title, unless words expressing such intention be added.
Sec. 3.
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. 4.
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. 5.
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. 6.
Minnesota Statutes 2022, section 541.023, subdivision 6, is amended to read:
Subd. 6.
Limitations; certain titles not affected.
This section shall not affect any rights
of the federal government; nor increase the effect as notice, actual or constructive, of any
instrument now of record; nor bar the rights of any person, partnership,new text begin state agency or
department,new text end or corporation in possession of real estate. This section shall not impair the
record title or record interest, or title obtained by or through any congressional or legislative
grant, of any railroad corporation or other public service corporation or any trustee or receiver
thereof or of any educational or religious corporation in any real estate by reason of any
failure to record further evidence of such title or interest even though the record thereof is
now or hereafter more than 40 years old; nor shall this section require the recording of any
notice as provided for in this section as to any undischarged mortgage or deed of trust
executed by any such corporation or any trustee or receiver thereof or to any claim or action
founded upon any such undischarged mortgage or deed of trust. The exceptions of this
subdivision shall not include (1) reservations or exceptions of land for right-of-way or other
railroad purposes contained in deeds of conveyance made by a railroad company or by
trustees or receivers thereof, unless said reserved or excepted land shall have been put to
railroad use within 40 years after the date of said deeds of conveyance, (2) nor any rights
under any conditions subsequent or restrictions contained in any such deeds of conveyance.
Sec. 7.
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. 8.
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. 9.
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. 10.
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. 11.
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. 12.
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. 13. new text begin REPEALER.
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
ARTICLE 7
MULTIMEMBER AGENCY APPOINTMENTS
Section 1.
Minnesota Statutes 2022, section 15.0597, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms shall have
the meanings given them.
(b) "Agency" means (1) a state board, commission, council, committee, authority, task
force, including an advisory task force created under section 15.014 or 15.0593, a group
created by executive order of the governor, or other similar multimember agency created
by law and having statewide jurisdiction; and (2) the Metropolitan Council, metropolitan
agency, Capitol Area Architectural and Planning Board, and any agency with a regional
jurisdiction created in this state pursuant to an interstate compact.
(c) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing agency,
or (2) a new, unfilled agency position. deleted text begin Vacancy includes a position that is to be filled through
appointment of a nonlegislator by a legislator or group of legislators;deleted text end Vacancy does not
mean (1) a vacant position on an agency composed exclusively of persons employed by a
political subdivision or another agency, deleted text begin ordeleted text end (2) a vacancy to be filled by a person required
to have a specific title or positionnew text begin , (3) a vacancy that is to be filled through appointment of
a legislator by a legislator or group of legislators, or (4) a position appointed by a private
entity or individual, in the manner specified in the document creating the agency, unless
otherwise providednew text end .
(d) "Secretary" means the secretary of state.
new text begin
(e) "Appointing authority" means the individual or entity with the specific authority to
appoint open or direct appointment positions. This includes, but is not limited to, the
governor, state agency commissioners, indigenous Tribal leaders, designated legislative
leaders and local agency heads, persons who have been specifically delegated the authority
to make those appointments, or private entities or persons as designated by the document
creating the agency. Appointments should be evidenced by a document signed by the
appointing authority's most senior official. Appointments that do not specify an appointing
authority shall be made in the manner provided in section 4.04.
new text end
new text begin
(f) "Direct appointments" means: (1) the appointment of members to an agency, pursuant
to a process not subject to this section; and (2) those members of an agency appointed
through a process not subject to this section. Direct appointments must be provided for
specifically in the documents creating the agency, whether enabling law, executive order,
commissioner's order, or otherwise.
new text end
Sec. 2.
Minnesota Statutes 2022, section 15.0597, subdivision 4, is amended to read:
Subd. 4.
Notice of vacancies.
The chair of an existing agency, shall notify the secretary
by electronic means of a vacancy scheduled to occur in the agency as a result of the expiration
of membership terms at least 45 days before the vacancy occurs. The chair of an existing
agency deleted text begin shall give electronic notification todeleted text end new text begin must notifynew text end the secretary of each vacancy
occurring as a result of newly created agency positions and of every other vacancy occurring
for any reason other than the expiration of membership terms as soon as possible upon
learning of the vacancy and in any case within 15 days after the occurrence of the vacancy.new text begin
The chair may submit vacancy notices by posting seat openings on the secretary of state's
boards and commissions website.
new text end
new text begin
(b) If a vacancy is to be appointed by the governor, the chair must first notify the governor
and receive permission to post the vacancy. Where a vacancy is created by resignation, the
vacancy may not be posted until receipt and acceptance of the resignation of the incumbent
as provided by section 351.01, subdivision 1, clause (2), is confirmed by the governor.
new text end
new text begin (c)new text end The appointing authority for newly created agencies shall give electronic notification
to the secretary of all vacancies in the new agency within 15 days after the creation of the
agency. The secretary may require the submission of notices required by this subdivision
by electronic means.
new text begin (d)new text end The secretary shall publish monthly on the website of the secretary of state a list of
all vacancies of which the secretary has been so notified. Only one notice of a vacancy shall
be so published, unless the appointing authority rejects all applicants and requests the
secretary to republish the notice of vacancy. One copy of the listing shall be made available
at the office of the secretary to any interested person. The secretary shall distribute by mail
or electronic means copies of the listings to requesting persons.
new text begin (e)new text end The listing for all vacancies scheduled to occur in the month of January shall be
published on the website of the secretary of state together with the compilation of agency
data required to be published pursuant to subdivision 3.
new text begin (f) new text end If a vacancy occurs within three months after an appointment is made to fill a regularly
scheduled vacancy, the appointing authority may, upon notification by electronic means to
the secretary, fill the vacancy by appointment from the list of persons submitting applications
to fill the regularly scheduled vacancy.
Sec. 3.
Minnesota Statutes 2022, section 15.0597, subdivision 5, is amended to read:
Subd. 5.
Nominations for vacancies.
Any person may make a self-nomination for
appointment to an agency vacancy by completing an application on a form prepared and
distributed by the secretary. The secretary may provide for the submission of the application
by electronic means. Any person or group of persons may, on the prescribed application
form, nominate another person to be appointed to a vacancy so long as the person so
nominated consents on the application form to the nomination. The application form shall
specify the nominee's name, mailing address, electronic mail address, telephone number,
preferred agency position sought, a statement that the nominee satisfies any legally prescribed
qualifications, deleted text begin a statement whether the applicant has ever been convicted of a felony,deleted text end and
any other information the nominating person feels would be helpful to the appointing
authority. The nominating person has the option of indicating the nominee's sex, political
party preference or lack thereof, status with regard to disability, race, veteran status, and
national origin on the application form. The application form shall make the option known.
If a person submits an application at the suggestion of an appointing authority, the person
shall so indicate on the application form. Twenty-one days after publication of a vacancy
on the website of the secretary of state pursuant to subdivision 4, the secretary shall submit
electronic copies of all applications received for a position to the appointing authority
charged with filling the vacancy. deleted text begin If no applications have been received by the secretary for
the vacant position by the date when electronic copies must be submitted to the appointing
authority, the secretary shall so inform the appointing authority.deleted text end Applications received by
the secretary shall be deemed to have expired one year after receipt of the application. An
application for a particular agency position shall be deemed to be an application for all
vacancies in that agency occurring prior to the expiration of the application and shall be
public information.
Sec. 4.
Minnesota Statutes 2022, section 15.0597, subdivision 6, is amended to read:
Subd. 6.
Appointments.
new text begin (a) new text end In making an appointment to a vacant agency position, the
appointing authority shall consider applications for positions in that agency supplied by the
secretary. No appointing authority may appoint someone to a vacant agency position until
deleted text begin (1) tendeleted text end new text begin fivenew text end days after receipt of the applications for positions in that agency from the
secretary deleted text begin or (2) receipt of notice from the secretary that no applications have been received
for vacant positions in that agencydeleted text end new text begin as provided for in subdivision 5new text end . At least five days before
the date of appointment, the appointing authority shall issue a public announcement and
inform the secretary by electronic means of the name of the person the appointing authority
deleted text begin intends to appointdeleted text end new text begin has appointednew text end to fill the agency vacancy and the expiration date of that
person's term.
new text begin
(b) No person may serve in a position until the appointing authority has submitted either
(1) a signed notice of appointment or (2) the documents required by paragraph (e) to the
secretary of state, and the term of the appointee may not commence on a date preceding the
date of the signature on the notice of appointment or the paragraph (e) submission.
new text end
new text begin
(c) An oath of office for each appointee to an agency must be submitted to the secretary
of state under section 358.05.
new text end
new text begin (d)new text end If the appointing authority intends to appoint a person other than one for whom an
application was submitted pursuant to this section, the appointing authority shall complete
an application form on behalf of the appointee and submit it to the secretary indicating on
the application that it is submitted by the appointing authority.
new text begin
(e) An appointing authority making a direct appointment must submit a letter to the
secretary of state stating the name of the person appointed, the agency and the specific seat
to which they are appointed, contact information, the date on which the term begins, and
length of the term.
new text end
new text begin
(f) No person may simultaneously occupy more than one position on the same agency
board. Appointment or designation of a member as chair of an agency does not constitute
a violation of this paragraph.
new text end
Sec. 5.
Minnesota Statutes 2022, section 351.01, subdivision 2, is amended to read:
Subd. 2.
When effective.
Except as provided by subdivision 3 or other express provision
of law or charter to the contrary, a resignation is effective when it is received by the officer,
body, or board authorized to receive it.new text begin In the case of a position appointed by the governor
under section 15.0597, the resignation must be submitted to the governor.
new text end
Sec. 6.
Minnesota Statutes 2022, section 364.021, is amended to read:
364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.
(a) A public or private employer may not inquire into or consider or require disclosure
of the criminal record or criminal history of an applicant for employment until the applicant
has been selected for an interview by the employer or, if there is not an interview, before a
conditional offer of employment is made to the applicant.
(b) This section does not apply to the Department of Corrections or to employers who
have a statutory duty to conduct a criminal history background check or otherwise take into
consideration a potential employee's criminal history during the hiring process.
(c) This section does not prohibit an employer from notifying applicants that law or the
employer's policy will disqualify an individual with a particular criminal history background
from employment in particular positions.
new text begin
(d) An appointing authority may not inquire into or consider or require disclosure of the
criminal record or criminal history of an applicant for appointment to multimember agencies,
including boards, commissions, agencies, committees, councils, authorities, advisory task
forces, and advisory councils, on an application form or, until the applicant has been selected
for an interview by the appointing authority or is otherwise selected as a final candidate for
appointment.
new text end
Sec. 7.
Minnesota Statutes 2022, section 364.06, subdivision 1, is amended to read:
Subdivision 1.
Public employers.
Any complaints or grievances concerning violations
of sections 364.01 to 364.10 by public employers new text begin or violations of section 364.021 by public
appointing authorities new text end shall be processed and adjudicated in accordance with the procedures
set forth in chapter 14, the Administrative Procedure Act.
APPENDIX
Repealed Minnesota Statutes: S0200-1
No active language found for: 346.02
363A.20 EXEMPTION BASED ON EMPLOYMENT.
No active language found for: 363A.20.3
No active language found for: 363A.27
No active language found for: 504B.305
No active language found for: 582.14