SF 545

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human rights; removing sexual orientation 
  1.3             as a protected class under the Human Rights Act and in 
  1.4             other statutory provisions; amending Minnesota 
  1.5             Statutes 2002, sections 60A.053, subdivision 1; 
  1.6             60A.970, subdivision 8; 160.80, subdivision 1a; 
  1.7             363.01, subdivision 23; 363.02, subdivisions 1, 2, 4, 
  1.8             8; 363.03, subdivisions 1, 2, 3, 4, 5, 7, 8, 8a; 
  1.9             363.05, subdivision 1; 363.11; 363.115; 363.12, 
  1.10            subdivision 1; 609.2231, subdivision 4; 609.595, 
  1.11            subdivision 1a; 609.748, subdivision 6; 609.749, 
  1.12            subdivision 3; 611A.371, subdivision 2; 611A.79, 
  1.13            subdivision 1; 626.5531, subdivision 1; 626.8451, 
  1.14            subdivision 1; repealing Minnesota Statutes 2002, 
  1.15            section 363.01, subdivision 41a. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2002, section 60A.053, 
  1.18  subdivision 1, is amended to read: 
  1.19     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.20  section, the following terms have the meanings given them in 
  1.21  this subdivision unless the context clearly requires otherwise: 
  1.22     (a) "Holocaust survivor" or "Holocaust victim" means any 
  1.23  person who was persecuted, imprisoned or liable to imprisonment, 
  1.24  or had property taken or confiscated during the period of 1933 
  1.25  to 1945, inclusive, by Nazi Germany, its allies, or sympathizers 
  1.26  based on that person's race, religion, ethnicity, physical or 
  1.27  mental disability, sexual orientation, or similar class or 
  1.28  group-based animus; 
  1.29     (b) "related company" means an affiliate, as defined in 
  1.30  section 60D.15, subdivision 2; a successor in interest; or a 
  2.1   managing general agent, of another company or insurer; 
  2.2      (c) "insurer" means an entity holding a certificate of 
  2.3   authority or license to conduct the business of insurance in 
  2.4   this state, or whose contacts with this state satisfy the 
  2.5   constitutional requirements for jurisdiction, that sold 
  2.6   Holocaust-related insurance policies, whether directly or 
  2.7   through or as result of sales by a related company, or is itself 
  2.8   a related company to any person, entity, or insurance company 
  2.9   that sold such policies, whether the sale of the insurance 
  2.10  occurred before or after becoming related; 
  2.11     (d) "proceeds" means the face or other payout value of 
  2.12  policies and annuities plus reasonable interest to date of 
  2.13  payments, without diminution for wartime or immediate postwar 
  2.14  currency devaluation, legally due under any insurance policy 
  2.15  issued by an insurer or any related company; 
  2.16     (e) "international commission" means the international 
  2.17  commission on Holocaust era insurance claims, referenced in and 
  2.18  established under a memorandum of understanding originally dated 
  2.19  April 8, 1998, between and among various state insurance 
  2.20  regulators, various alien insurance companies, and worldwide 
  2.21  Jewish groups, which commission held its first meeting in the 
  2.22  state of New York on October 21, 1998, and any successor; and 
  2.23     (f) "Holocaust-related insurance policies" means life, 
  2.24  property, liability, health, annuities, dowry, educational, 
  2.25  casualty, or any other type of insurance policies sold to 
  2.26  persons in Europe, that were in effect at any time between 1933 
  2.27  and 1945, regardless of when the policy was initially purchased 
  2.28  or written. 
  2.29     Sec. 2.  Minnesota Statutes 2002, section 60A.970, 
  2.30  subdivision 8, is amended to read: 
  2.31     Subd. 8.  [DISCRIMINATION PROHIBITED.] A viatical 
  2.32  settlement provider or broker must not discriminate in the 
  2.33  making of viatical settlements on the basis of race, age, sex, 
  2.34  national origin, creed, religion, occupation, or marital or 
  2.35  family status, or sexual orientation, or discriminate between 
  2.36  viators with dependents and without. 
  3.1      Sec. 3.  Minnesota Statutes 2002, section 160.80, 
  3.2   subdivision 1a, is amended to read: 
  3.3      Subd. 1a.  [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 
  3.4   To be eligible for a business panel on a logo sign panel, a 
  3.5   business establishment must: 
  3.6      (1) be open for business; 
  3.7      (2) have a sign on site that both identifies the business 
  3.8   and is visible to motorists; 
  3.9      (3) be open to everyone, regardless of race, religion, 
  3.10  color, age, sex, national origin, creed, marital status, sexual 
  3.11  orientation, or disability; 
  3.12     (4) not impose a cover charge or otherwise require 
  3.13  customers to purchase additional products or services; and 
  3.14     (5) meet the appropriate criteria in paragraphs (b) to (e). 
  3.15     (b) Gas businesses must provide vehicle services including 
  3.16  fuel and oil; restroom facilities and drinking water; 
  3.17  continuous, staffed operation at least 12 hours a day, seven 
  3.18  days a week; and public access to a telephone. 
  3.19     (c) Food businesses must serve at least two meals a day 
  3.20  during normal mealtimes of breakfast, lunch, and dinner; provide 
  3.21  a continuous, staffed food service operation at least ten hours 
  3.22  a day, seven days a week except holidays as defined in section 
  3.23  645.44, subdivision 5, and except as provided for seasonal food 
  3.24  service businesses; provide seating capacity for at least 20 
  3.25  people; serve meals prepared on the premises; and possess any 
  3.26  required state or local licensing or approval.  Reheated, 
  3.27  prepackaged, ready-to-eat food is not "food prepared on the 
  3.28  premises."  Seasonal food service businesses must provide a 
  3.29  continuous, staffed food service operation at least ten hours a 
  3.30  day, seven days a week, during their months of operation. 
  3.31     (d) Lodging businesses must include sleeping 
  3.32  accommodations, provide public access to a telephone, and 
  3.33  possess any required state or local licensing or approval. 
  3.34     (e) Camping businesses must include sites for camping, 
  3.35  include parking accommodations for each campsite, provide 
  3.36  sanitary facilities and drinking water, and possess any required 
  4.1   state or local licensing or approval. 
  4.2      (f) Businesses that do not meet the appropriate criteria in 
  4.3   paragraphs (b) to (e) but that have a signed lease as of January 
  4.4   1, 1998, may retain the business panel until December 31, 2005, 
  4.5   or until they withdraw from the program, whichever occurs first, 
  4.6   provided they continue to meet the criteria in effect in the 
  4.7   department's contract with the logo sign vendor on August 1, 
  4.8   1995.  After December 31, 2005, or after withdrawing from the 
  4.9   program, a business must meet the appropriate criteria in 
  4.10  paragraphs (a) to (e) to qualify for a business panel. 
  4.11     (g) Seasonal businesses must indicate to motorists when 
  4.12  they are open for business by either putting the full months of 
  4.13  operation directly on the business panel or by having a "closed" 
  4.14  plaque applied to the business panel when the business is closed 
  4.15  for the season. 
  4.16     (h) The maximum distance that an eligible business in 
  4.17  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 
  4.18  county can be located from the interchange is:  for gas 
  4.19  businesses, one mile; for food businesses, two miles; for 
  4.20  lodging businesses, three miles; and for camping businesses, ten 
  4.21  miles. 
  4.22     (i) The maximum distance that an eligible business in any 
  4.23  other county can be located from the interchange shall not 
  4.24  exceed 15 miles in either direction. 
  4.25     (j) Logo sign panels must be erected so that motorists 
  4.26  approaching an interchange view the panels in the following 
  4.27  order:  camping, lodging, food, gas. 
  4.28     (k) If there is insufficient space on a logo sign panel to 
  4.29  display all eligible businesses for a specific type of service, 
  4.30  the businesses closest to the interchange have priority over 
  4.31  businesses farther away from the interchange. 
  4.32     Sec. 4.  Minnesota Statutes 2002, section 363.01, 
  4.33  subdivision 23, is amended to read: 
  4.34     Subd. 23.  [LOCAL COMMISSION.] "Local commission" means an 
  4.35  agency of a city, county, or group of counties created pursuant 
  4.36  to law, resolution of a county board, city charter, or municipal 
  5.1   ordinance for the purpose of dealing with discrimination on the 
  5.2   basis of race, color, creed, religion, national origin, sex, 
  5.3   age, disability, marital status, status with regard to public 
  5.4   assistance, sexual orientation, or familial status.  
  5.5      Sec. 5.  Minnesota Statutes 2002, section 363.02, 
  5.6   subdivision 1, is amended to read: 
  5.7      Subdivision 1.  [EMPLOYMENT.] The provisions of section 
  5.8   363.03, subdivision 1, shall not apply to:  
  5.9      (1) the employment of any individual: 
  5.10     (a) by the individual's parent, grandparent, spouse, child, 
  5.11  or grandchild; or 
  5.12     (b) in the domestic service of any person; 
  5.13     (2) a religious or fraternal corporation, association, or 
  5.14  society, with respect to qualifications based on religion or 
  5.15  sexual orientation, when religion or sexual orientation shall be 
  5.16  a bona fide occupational qualification for employment; 
  5.17     (3) a nonpublic service organization whose primary function 
  5.18  is providing occasional services to minors, such as youth sports 
  5.19  organizations, scouting organizations, boys' or girls' clubs, 
  5.20  programs providing friends, counselors, or role models for 
  5.21  minors, youth theater, dance, music or artistic organizations, 
  5.22  agricultural organizations for minors, including 4-H clubs, and 
  5.23  other youth organizations, with respect to qualifications of 
  5.24  employees or volunteers based on sexual orientation; 
  5.25     (4) the employment of one person in place of another, 
  5.26  standing by itself, shall not be evidence of an unfair 
  5.27  discriminatory practice; 
  5.28     (5) (4) the operation of a bona fide seniority system which 
  5.29  mandates differences in such things as wages, hiring priorities, 
  5.30  layoff priorities, vacation credit, and job assignments based on 
  5.31  seniority, so long as the operation of the system is not a 
  5.32  subterfuge to evade the provisions of this chapter; 
  5.33     (6) (5) with respect to age discrimination, a practice by 
  5.34  which a labor organization or employer offers or supplies 
  5.35  varying insurance benefits or other fringe benefits to members 
  5.36  or employees of differing ages, so long as the cost to the labor 
  6.1   organization or employer for the benefits is reasonably 
  6.2   equivalent for all members or employees; 
  6.3      (7) (6) a restriction imposed by state statute, home rule 
  6.4   charter, ordinance, or civil service rule, and applied uniformly 
  6.5   and without exception to all individuals, which establishes a 
  6.6   maximum age for entry into employment as a peace officer or 
  6.7   firefighter; 
  6.8      (8) (7) nothing in this chapter concerning age 
  6.9   discrimination shall be construed to validate or permit age 
  6.10  requirements which have a disproportionate impact on persons of 
  6.11  any class otherwise protected by section 363.03, subdivision 1 
  6.12  or 5; 
  6.13     (9) (8) it is not an unfair employment practice for an 
  6.14  employer, employment agency, or labor organization:  
  6.15     (i) to require or request a person to undergo physical 
  6.16  examination, which may include a medical history, for the 
  6.17  purpose of determining the person's capability to perform 
  6.18  available employment, provided: 
  6.19     (a) that an offer of employment has been made on condition 
  6.20  that the person meets the physical or mental requirements of the 
  6.21  job, except that a law enforcement agency filling a peace 
  6.22  officer position or part-time peace officer position may require 
  6.23  or request an applicant to undergo psychological evaluation 
  6.24  before a job offer is made provided that the psychological 
  6.25  evaluation is for those job-related abilities set forth by the 
  6.26  board of peace officer standards and training for psychological 
  6.27  evaluations and is otherwise lawful; 
  6.28     (b) that the examination tests only for essential 
  6.29  job-related abilities; 
  6.30     (c) that the examination except for examinations authorized 
  6.31  under chapter 176 is required of all persons conditionally 
  6.32  offered employment for the same position regardless of 
  6.33  disability; and 
  6.34     (d) that the information obtained regarding the medical 
  6.35  condition or history of the applicant is collected and 
  6.36  maintained on separate forms and in separate medical files and 
  7.1   is treated as a confidential medical record, except that 
  7.2   supervisors and managers may be informed regarding necessary 
  7.3   restrictions on the work or duties of the employee and necessary 
  7.4   accommodations; first aid safety personnel may be informed, when 
  7.5   appropriate, if the disability might require emergency 
  7.6   treatment; government officials investigating compliance with 
  7.7   this chapter must be provided relevant information on request; 
  7.8   and information may be released for purposes mandated by local, 
  7.9   state, or federal law; provided that the results of the 
  7.10  examination are used only in accordance with this chapter; or 
  7.11     (ii) with the consent of the employee, after employment has 
  7.12  commenced, to obtain additional medical information for the 
  7.13  purposes of assessing continuing ability to perform the job or 
  7.14  employee health insurance eligibility; for purposes mandated by 
  7.15  local, state, or federal law; for purposes of assessing the need 
  7.16  to reasonably accommodate an employee or obtaining information 
  7.17  to determine eligibility for the second injury fund under 
  7.18  chapter 176; or pursuant to sections 181.950 to 181.957; or 
  7.19  other legitimate business reason not otherwise prohibited by 
  7.20  law; 
  7.21     (iii) to administer preemployment tests, provided that the 
  7.22  tests (a) measure only essential job-related abilities, (b) are 
  7.23  required of all applicants for the same position regardless of 
  7.24  disability except for tests authorized under chapter 176, and 
  7.25  (c) accurately measure the applicant's aptitude, achievement 
  7.26  level, or whatever factors they purport to measure rather than 
  7.27  reflecting the applicant's impaired sensory, manual, or speaking 
  7.28  skills except when those skills are the factors that the tests 
  7.29  purport to measure; or 
  7.30     (iv) to limit receipt of benefits payable under a fringe 
  7.31  benefit plan for disabilities to that period of time which a 
  7.32  licensed physician reasonably determines a person is unable to 
  7.33  work; or 
  7.34     (v) to provide special safety considerations for pregnant 
  7.35  women involved in tasks which are potentially hazardous to the 
  7.36  health of the unborn child, as determined by medical criteria.  
  8.1      Information obtained under this section, regarding the 
  8.2   medical condition or history of any employee, is subject to the 
  8.3   requirements of subclause (i), item (d). 
  8.4      Sec. 6.  Minnesota Statutes 2002, section 363.02, 
  8.5   subdivision 2, is amended to read: 
  8.6      Subd. 2.  [HOUSING.] (1) The provisions of section 363.03, 
  8.7   subdivision 2, shall not apply to: 
  8.8      (a) rooms in a temporary or permanent residence home run by 
  8.9   a nonprofit organization, if the discrimination is by sex; or 
  8.10     (b) the rental by a resident owner or occupier of a 
  8.11  one-family accommodation of a room or rooms in the accommodation 
  8.12  to another person or persons if the discrimination is by sex, 
  8.13  marital status, status with regard to public assistance, sexual 
  8.14  orientation, or disability.  Except as provided elsewhere in 
  8.15  this chapter or other state or federal law, no person or group 
  8.16  of persons selling, renting, or leasing property is required to 
  8.17  modify the property in any way, or exercise a higher degree of 
  8.18  care for a person having a disability than for a person who does 
  8.19  not have a disability; nor shall this chapter be construed to 
  8.20  relieve any person or persons of any obligations generally 
  8.21  imposed on all persons regardless of any disability in a written 
  8.22  lease, rental agreement, or contract of purchase or sale, or to 
  8.23  forbid distinctions based on the inability to fulfill the terms 
  8.24  and conditions, including financial obligations of the lease, 
  8.25  agreement, or contract; or 
  8.26     (c) the rental by a resident owner of a unit in a dwelling 
  8.27  containing not more than two units, if the discrimination is on 
  8.28  the basis of sexual orientation.  
  8.29     (2) The provisions of section 363.03, subdivision 2, 
  8.30  prohibiting discrimination because of familial status shall not 
  8.31  be construed to defeat the applicability of any local, state, or 
  8.32  federal restrictions regarding the maximum number of occupants 
  8.33  permitted to occupy a dwelling unit and shall not apply to: 
  8.34     (a) any owner occupied building containing four or fewer 
  8.35  dwelling units; or 
  8.36     (b) housing for elderly persons.  "Housing for elderly 
  9.1   persons" means housing:  
  9.2      (i) provided under any state or federal program that the 
  9.3   commissioner determines is specifically designed and operated to 
  9.4   assist elderly persons, as defined in the state or federal 
  9.5   program; 
  9.6      (ii) intended for, and solely occupied by, persons 62 years 
  9.7   of age or older; or 
  9.8      (iii) intended and operated for occupancy by at least one 
  9.9   person 55 years of age or older per unit, provided that:  
  9.10     (A) at least 80 percent of the units are occupied by at 
  9.11  least one person 55 years of age or older per unit; and 
  9.12     (B) there is publication of, and adherence to, policies and 
  9.13  procedures that demonstrate an intent by the owner or manager to 
  9.14  provide housing for persons 55 years of age or older. 
  9.15     Housing does not fail to meet the requirements for housing 
  9.16  for elderly persons by reason of persons residing in the housing 
  9.17  as of August 1, 1989, who do not meet the age requirements of 
  9.18  clauses (b)(ii) and (b)(iii) if new occupants of the housing 
  9.19  meet the age requirements of clause (b)(ii) or (b)(iii).  In 
  9.20  addition, housing does not fail to meet the requirements by 
  9.21  reason of unoccupied units if unoccupied units are reserved for 
  9.22  occupancy by persons who meet the age requirements of clause 
  9.23  (b)(ii) or (b)(iii).  
  9.24     Sec. 7.  Minnesota Statutes 2002, section 363.02, 
  9.25  subdivision 4, is amended to read: 
  9.26     Subd. 4.  [PUBLIC ACCOMMODATIONS.] The provisions of 
  9.27  section 363.03, subdivision 3, relating to sex, shall not apply 
  9.28  to such facilities as restrooms, locker rooms, and other similar 
  9.29  places.  The provisions of section 363.03, subdivision 3, do not 
  9.30  apply to employees or volunteers of a nonpublic service 
  9.31  organization whose primary function is providing occasional 
  9.32  services to minors, such as youth sports organizations, scouting 
  9.33  organizations, boys' or girls' clubs, programs providing 
  9.34  friends, counselors, or role models for minors, youth theater, 
  9.35  dance, music or artistic organizations, agricultural 
  9.36  organizations for minors, and other youth organizations, with 
 10.1   respect to qualifications based on sexual orientation. 
 10.2      The provisions of section 363.03, subdivision 3, relating 
 10.3   to sex, do not apply to restricting membership on an athletic 
 10.4   team or in a program or event to participants of one sex if the 
 10.5   restriction is necessary to preserve the unique character of the 
 10.6   team, program, or event and it would not substantially reduce 
 10.7   comparable athletic opportunities for the other sex.  
 10.8      Sec. 8.  Minnesota Statutes 2002, section 363.02, 
 10.9   subdivision 8, is amended to read: 
 10.10     Subd. 8.  [RELIGIOUS ASSOCIATION.] Nothing in this chapter 
 10.11  prohibits any religious association, religious corporation, or 
 10.12  religious society that is not organized for private profit, or 
 10.13  any institution organized for educational purposes that is 
 10.14  operated, supervised, or controlled by a religious association, 
 10.15  religious corporation, or religious society that is not 
 10.16  organized for private profit, from: 
 10.17     (1) limiting admission to or giving preference to persons 
 10.18  of the same religion or denomination; or 
 10.19     (2) in matters relating to sexual orientation, taking any 
 10.20  action with respect to education, employment, housing and real 
 10.21  property, or use of facilities.  This clause shall not apply to 
 10.22  secular business activities engaged in by the religious 
 10.23  association, religious corporation, or religious society, the 
 10.24  conduct of which is unrelated to the religious and educational 
 10.25  purposes for which it is organized. 
 10.26     Sec. 9.  Minnesota Statutes 2002, section 363.03, 
 10.27  subdivision 1, is amended to read: 
 10.28     Subdivision 1.  [EMPLOYMENT.] Except when based on a bona 
 10.29  fide occupational qualification, it is an unfair employment 
 10.30  practice:  
 10.31     (1) For a labor organization, because of race, color, 
 10.32  creed, religion, national origin, sex, marital status, status 
 10.33  with regard to public assistance, disability, sexual 
 10.34  orientation, or age, 
 10.35     (a) to deny full and equal membership rights to a person 
 10.36  seeking membership or to a member; 
 11.1      (b) to expel a member from membership; 
 11.2      (c) to discriminate against a person seeking membership or 
 11.3   a member with respect to hiring, apprenticeship, tenure, 
 11.4   compensation, terms, upgrading, conditions, facilities, or 
 11.5   privileges of employment; or 
 11.6      (d) to fail to classify properly, or refer for employment 
 11.7   or otherwise to discriminate against a person or member.  
 11.8      (2) For an employer, because of race, color, creed, 
 11.9   religion, national origin, sex, marital status, status with 
 11.10  regard to public assistance, membership or activity in a local 
 11.11  commission, disability, sexual orientation, or age, 
 11.12     (a) to refuse to hire or to maintain a system of employment 
 11.13  which unreasonably excludes a person seeking employment; or 
 11.14     (b) to discharge an employee; or 
 11.15     (c) to discriminate against a person with respect to 
 11.16  hiring, tenure, compensation, terms, upgrading, conditions, 
 11.17  facilities, or privileges of employment.  
 11.18     (3) For an employment agency, because of race, color, 
 11.19  creed, religion, national origin, sex, marital status, status 
 11.20  with regard to public assistance, disability, sexual 
 11.21  orientation, or age, 
 11.22     (a) to refuse or fail to accept, register, classify 
 11.23  properly, or refer for employment or otherwise to discriminate 
 11.24  against a person; or 
 11.25     (b) to comply with a request from an employer for referral 
 11.26  of applicants for employment if the request indicates directly 
 11.27  or indirectly that the employer fails to comply with the 
 11.28  provisions of this chapter.  
 11.29     (4) For an employer, employment agency, or labor 
 11.30  organization, before a person is employed by an employer or 
 11.31  admitted to membership in a labor organization, to 
 11.32     (a) require or request the person to furnish information 
 11.33  that pertains to race, color, creed, religion, national origin, 
 11.34  sex, marital status, status with regard to public assistance, 
 11.35  disability, sexual orientation, or age; or, subject to section 
 11.36  363.02, subdivision 1, to require or request a person to undergo 
 12.1   physical examination; unless for the sole and exclusive purpose 
 12.2   of national security, information pertaining to national origin 
 12.3   is required by the United States, this state or a political 
 12.4   subdivision or agency of the United States or this state, or for 
 12.5   the sole and exclusive purpose of compliance with the Public 
 12.6   Contracts Act or any rule, regulation, or laws of the United 
 12.7   States or of this state requiring the information or 
 12.8   examination.  A law enforcement agency may, after notifying an 
 12.9   applicant for a peace officer or part-time peace officer 
 12.10  position that the law enforcement agency is commencing the 
 12.11  background investigation on the applicant, request the 
 12.12  applicant's date of birth, gender, and race on a separate form 
 12.13  for the sole and exclusive purpose of conducting a criminal 
 12.14  history check, a driver's license check, and fingerprint 
 12.15  criminal history inquiry.  The form shall include a statement 
 12.16  indicating why the data is being collected and what its limited 
 12.17  use will be.  No document which has date of birth, gender, or 
 12.18  race information will be included in the information given to or 
 12.19  available to any person who is involved in selecting the person 
 12.20  or persons employed other than the background investigator.  No 
 12.21  person may act both as background investigator and be involved 
 12.22  in the selection of an employee except that the background 
 12.23  investigator's report about background may be used in that 
 12.24  selection as long as no direct or indirect references are made 
 12.25  to the applicant's race, age, or gender; or 
 12.26     (b) seek and obtain for purposes of making a job decision, 
 12.27  information from any source that pertains to the person's race, 
 12.28  color, creed, religion, national origin, sex, marital status, 
 12.29  status with regard to public assistance, disability, sexual 
 12.30  orientation, or age, unless for the sole and exclusive purpose 
 12.31  of compliance with the Public Contracts Act or any rule, 
 12.32  regulation, or laws of the United States or of this state 
 12.33  requiring the information; or 
 12.34     (c) cause to be printed or published a notice or 
 12.35  advertisement that relates to employment or membership and 
 12.36  discloses a preference, limitation, specification, or 
 13.1   discrimination based on race, color, creed, religion, national 
 13.2   origin, sex, marital status, status with regard to public 
 13.3   assistance, disability, sexual orientation, or age.  
 13.4      Any individual who is required to provide information that 
 13.5   is prohibited by this subdivision is an aggrieved party under 
 13.6   section 363.06.  
 13.7      (5) For an employer, an employment agency, or a labor 
 13.8   organization, with respect to all employment related purposes, 
 13.9   including receipt of benefits under fringe benefit programs, not 
 13.10  to treat women affected by pregnancy, childbirth, or 
 13.11  disabilities related to pregnancy or childbirth, the same as 
 13.12  other persons who are not so affected but who are similar in 
 13.13  their ability or inability to work, including a duty to make 
 13.14  reasonable accommodations as provided by paragraph (6).  
 13.15     (6) For an employer with a number of part-time or full-time 
 13.16  employees for each working day in each of 20 or more calendar 
 13.17  weeks in the current or preceding calendar year equal to or 
 13.18  greater than 25 effective July 1, 1992, and equal to or greater 
 13.19  than 15 effective July 1, 1994, an employment agency, or a labor 
 13.20  organization, not to make reasonable accommodation to the known 
 13.21  disability of a qualified disabled person or job applicant 
 13.22  unless the employer, agency, or organization can demonstrate 
 13.23  that the accommodation would impose an undue hardship on the 
 13.24  business, agency, or organization.  "Reasonable accommodation" 
 13.25  means steps which must be taken to accommodate the known 
 13.26  physical or mental limitations of a qualified disabled person.  
 13.27  "Reasonable accommodation" may include but is not limited to, 
 13.28  nor does it necessarily require:  (a) making facilities readily 
 13.29  accessible to and usable by disabled persons; and (b) job 
 13.30  restructuring, modified work schedules, reassignment to a vacant 
 13.31  position, acquisition or modification of equipment or devices, 
 13.32  and the provision of aides on a temporary or periodic basis.  
 13.33     In determining whether an accommodation would impose an 
 13.34  undue hardship on the operation of a business or organization, 
 13.35  factors to be considered include:  
 13.36     (a) the overall size of the business or organization with 
 14.1   respect to number of employees or members and the number and 
 14.2   type of facilities; 
 14.3      (b) the type of the operation, including the composition 
 14.4   and structure of the work force, and the number of employees at 
 14.5   the location where the employment would occur; 
 14.6      (c) the nature and cost of the needed accommodation; 
 14.7      (d) the reasonable ability to finance the accommodation at 
 14.8   each site of business; and 
 14.9      (e) documented good faith efforts to explore less 
 14.10  restrictive or less expensive alternatives, including 
 14.11  consultation with the disabled person or with knowledgeable 
 14.12  disabled persons or organizations.  
 14.13     A prospective employer need not pay for an accommodation 
 14.14  for a job applicant if it is available from an alternative 
 14.15  source without cost to the employer or applicant.  
 14.16     Sec. 10.  Minnesota Statutes 2002, section 363.03, 
 14.17  subdivision 2, is amended to read: 
 14.18     Subd. 2.  [REAL PROPERTY.] It is an unfair discriminatory 
 14.19  practice:  
 14.20     (1) For an owner, lessee, sublessee, assignee, or managing 
 14.21  agent of, or other person having the right to sell, rent or 
 14.22  lease any real property, or any agent of any of these:  
 14.23     (a) to refuse to sell, rent, or lease or otherwise deny to 
 14.24  or withhold from any person or group of persons any real 
 14.25  property because of race, color, creed, religion, national 
 14.26  origin, sex, marital status, status with regard to public 
 14.27  assistance, disability, sexual orientation, or familial status; 
 14.28  or 
 14.29     (b) to discriminate against any person or group of persons 
 14.30  because of race, color, creed, religion, national origin, sex, 
 14.31  marital status, status with regard to public assistance, 
 14.32  disability, sexual orientation, or familial status in the terms, 
 14.33  conditions or privileges of the sale, rental or lease of any 
 14.34  real property or in the furnishing of facilities or services in 
 14.35  connection therewith, except that nothing in this clause shall 
 14.36  be construed to prohibit the adoption of reasonable rules 
 15.1   intended to protect the safety of minors in their use of the 
 15.2   real property or any facilities or services furnished in 
 15.3   connection therewith; or 
 15.4      (c) in any transaction involving real property, to print, 
 15.5   circulate or post or cause to be printed, circulated, or posted 
 15.6   any advertisement or sign, or use any form of application for 
 15.7   the purchase, rental or lease of real property, or make any 
 15.8   record or inquiry in connection with the prospective purchase, 
 15.9   rental, or lease of real property which expresses, directly or 
 15.10  indirectly, any limitation, specification, or discrimination as 
 15.11  to race, color, creed, religion, national origin, sex, marital 
 15.12  status, status with regard to public assistance, disability, 
 15.13  sexual orientation, or familial status, or any intent to make 
 15.14  any such limitation, specification, or discrimination except 
 15.15  that nothing in this clause shall be construed to prohibit the 
 15.16  advertisement of a dwelling unit as available to adults-only if 
 15.17  the person placing the advertisement reasonably believes that 
 15.18  the provisions of this subdivision prohibiting discrimination 
 15.19  because of familial status do not apply to the dwelling unit.  
 15.20     (2) For a real estate broker, real estate salesperson, or 
 15.21  employee, or agent thereof:  
 15.22     (a) to refuse to sell, rent, or lease or to offer for sale, 
 15.23  rental, or lease any real property to any person or group of 
 15.24  persons or to negotiate for the sale, rental, or lease of any 
 15.25  real property to any person or group of persons because of race, 
 15.26  color, creed, religion, national origin, sex, marital status, 
 15.27  status with regard to public assistance, disability, sexual 
 15.28  orientation, or familial status or represent that real property 
 15.29  is not available for inspection, sale, rental, or lease when in 
 15.30  fact it is so available, or otherwise deny or withhold any real 
 15.31  property or any facilities of real property to or from any 
 15.32  person or group of persons because of race, color, creed, 
 15.33  religion, national origin, sex, marital status, status with 
 15.34  regard to public assistance, disability, sexual orientation, or 
 15.35  familial status; or 
 15.36     (b) to discriminate against any person because of race, 
 16.1   color, creed, religion, national origin, sex, marital status, 
 16.2   status with regard to public assistance, disability, sexual 
 16.3   orientation, or familial status in the terms, conditions or 
 16.4   privileges of the sale, rental or lease of real property or in 
 16.5   the furnishing of facilities or services in connection 
 16.6   therewith; or 
 16.7      (c) to print, circulate, or post or cause to be printed, 
 16.8   circulated, or posted any advertisement or sign, or use any form 
 16.9   of application for the purchase, rental, or lease of any real 
 16.10  property or make any record or inquiry in connection with the 
 16.11  prospective purchase, rental or lease of any real property, 
 16.12  which expresses directly or indirectly, any limitation, 
 16.13  specification or discrimination as to race, color, creed, 
 16.14  religion, national origin, sex, marital status, status with 
 16.15  regard to public assistance, disability, sexual orientation, or 
 16.16  familial status or any intent to make any such limitation, 
 16.17  specification, or discrimination except that nothing in this 
 16.18  clause shall be construed to prohibit the advertisement of a 
 16.19  dwelling unit as available to adults-only if the person placing 
 16.20  the advertisement reasonably believes that the provisions of 
 16.21  this subdivision prohibiting discrimination because of familial 
 16.22  status do not apply to the dwelling unit.  
 16.23     (3) For a person, bank, banking organization, mortgage 
 16.24  company, insurance company, or other financial institution or 
 16.25  lender to whom application is made for financial assistance for 
 16.26  the purchase, lease, acquisition, construction, rehabilitation, 
 16.27  repair or maintenance of any real property or any agent or 
 16.28  employee thereof:  
 16.29     (a) to discriminate against any person or group of persons 
 16.30  because of race, color, creed, religion, national origin, sex, 
 16.31  marital status, status with regard to public assistance, 
 16.32  disability, sexual orientation, or familial status of the person 
 16.33  or group of persons or of the prospective occupants or tenants 
 16.34  of the real property in the granting, withholding, extending, 
 16.35  modifying or renewing, or in the rates, terms, conditions, or 
 16.36  privileges of the financial assistance or in the extension of 
 17.1   services in connection therewith; or 
 17.2      (b) to use any form of application for the financial 
 17.3   assistance or make any record or inquiry in connection with 
 17.4   applications for the financial assistance which expresses, 
 17.5   directly or indirectly, any limitation, specification, or 
 17.6   discrimination as to race, color, creed, religion, national 
 17.7   origin, sex, marital status, status with regard to public 
 17.8   assistance, disability, sexual orientation, or familial status 
 17.9   or any intent to make any such limitation, specification, or 
 17.10  discrimination; or 
 17.11     (c) to discriminate against any person or group of persons 
 17.12  who desire to purchase, lease, acquire, construct, rehabilitate, 
 17.13  repair, or maintain real property in a specific urban or rural 
 17.14  area or any part thereof solely because of the social, economic, 
 17.15  or environmental conditions of the area in the granting, 
 17.16  withholding, extending, modifying, or renewing, or in the rates, 
 17.17  terms, conditions, or privileges of the financial assistance or 
 17.18  in the extension of services in connection therewith.  
 17.19     (4) For any real estate broker or real estate salesperson, 
 17.20  for the purpose of inducing a real property transaction from 
 17.21  which the person, the person's firm, or any of its members may 
 17.22  benefit financially, to represent that a change has occurred or 
 17.23  will or may occur in the composition with respect to race, 
 17.24  creed, color, national origin, sex, marital status, status with 
 17.25  regard to public assistance, sexual orientation, or disability 
 17.26  of the owners or occupants in the block, neighborhood, or area 
 17.27  in which the real property is located, and to represent, 
 17.28  directly or indirectly, that this change will or may result in 
 17.29  undesirable consequences in the block, neighborhood, or area in 
 17.30  which the real property is located, including but not limited to 
 17.31  the lowering of property values, an increase in criminal or 
 17.32  antisocial behavior, or a decline in the quality of schools or 
 17.33  other public facilities.  
 17.34     (5) For a person to deny full and equal access to real 
 17.35  property provided for in this section to a person who is totally 
 17.36  or partially blind, deaf, or has a physical or sensory 
 18.1   disability and who uses a service animal, if the service animal 
 18.2   can be properly identified as being from a recognized program 
 18.3   which trains service animals to aid persons who are totally or 
 18.4   partially blind or deaf or have physical or sensory 
 18.5   disabilities.  The person may not be required to pay extra 
 18.6   compensation for the service animal but is liable for damage 
 18.7   done to the premises by the service animal.  
 18.8      (6) For a person to coerce, intimidate, threaten, or 
 18.9   interfere with a person in the exercise or enjoyment of, or on 
 18.10  account of that person having exercised or enjoyed, or on 
 18.11  account of that person having aided or encouraged a third person 
 18.12  in the exercise or enjoyment of, any right granted or protected 
 18.13  by this subdivision.  
 18.14     Notwithstanding the provisions of any law, ordinance, or 
 18.15  home rule charter to the contrary, no person shall be deemed to 
 18.16  have committed an unfair discriminatory practice based upon age 
 18.17  if the unfair discriminatory practice alleged is attempted or 
 18.18  accomplished for the purpose of obtaining or maintaining one of 
 18.19  the exemptions provided for a dwelling unit provided for in 
 18.20  section 363.02, subdivision 2.  
 18.21     Sec. 11.  Minnesota Statutes 2002, section 363.03, 
 18.22  subdivision 3, is amended to read: 
 18.23     Subd. 3.  [PUBLIC ACCOMMODATIONS.] (a) It is an unfair 
 18.24  discriminatory practice: 
 18.25     (1) to deny any person the full and equal enjoyment of the 
 18.26  goods, services, facilities, privileges, advantages, and 
 18.27  accommodations of a place of public accommodation because of 
 18.28  race, color, creed, religion, disability, national origin, 
 18.29  marital status, sexual orientation, or sex, or for a taxicab 
 18.30  company to discriminate in the access to, full utilization of, 
 18.31  or benefit from service because of a person's disability; or 
 18.32     (2) for a place of public accommodation not to make 
 18.33  reasonable accommodation to the known physical, sensory, or 
 18.34  mental disability of a disabled person.  In determining whether 
 18.35  an accommodation is reasonable, the factors to be considered may 
 18.36  include: 
 19.1      (i) the frequency and predictability with which members of 
 19.2   the public will be served by the accommodation at that location; 
 19.3      (ii) the size of the business or organization at that 
 19.4   location with respect to physical size, annual gross revenues, 
 19.5   and the number of employees; 
 19.6      (iii) the extent to which disabled persons will be further 
 19.7   served from the accommodation; 
 19.8      (iv) the type of operation; 
 19.9      (v) the nature and amount of both direct costs and 
 19.10  legitimate indirect costs of making the accommodation and the 
 19.11  reasonableness for that location to finance the accommodation; 
 19.12  and 
 19.13     (vi) the extent to which any persons may be adversely 
 19.14  affected by the accommodation. 
 19.15     State or local building codes control where applicable.  
 19.16  Violations of state or local building codes are not violations 
 19.17  of this chapter and must be enforced under normal building code 
 19.18  procedures.  
 19.19     (b) This paragraph lists general prohibitions against 
 19.20  discrimination on the basis of disability.  For purposes of this 
 19.21  paragraph "individual" or "class of individuals" refers to the 
 19.22  clients or customers of the covered public accommodation that 
 19.23  enter into the contractual, licensing, or other arrangement. 
 19.24     (1) It is discriminatory to: 
 19.25     (i) subject an individual or class of individuals on the 
 19.26  basis of a disability of that individual or class, directly or 
 19.27  through contractual, licensing, or other arrangements, to a 
 19.28  denial of the opportunity of the individual or class to 
 19.29  participate in or benefit from the goods, services, facilities, 
 19.30  privileges, advantages, or accommodations of an entity; 
 19.31     (ii) afford an individual or class of individuals on the 
 19.32  basis of the disability of that individual or class, directly or 
 19.33  through contractual, licensing, or other arrangements, with the 
 19.34  opportunity to participate in or benefit from the goods, 
 19.35  services, facilities, privileges, advantages, or accommodations 
 19.36  that are not equal to those afforded to other individuals; and 
 20.1      (iii) provide an individual or class of individuals, on the 
 20.2   basis of a disability of that individual or class, directly or 
 20.3   through contractual, licensing, or other arrangements, with 
 20.4   goods, services, facilities, privileges, advantages, or 
 20.5   accommodations that are different or separate from those 
 20.6   provided to other individuals, unless the action is necessary to 
 20.7   provide the individual or class of individuals with goods, 
 20.8   services, facilities, privileges, advantages, or accommodations, 
 20.9   or other opportunities that are as effective as those provided 
 20.10  to others. 
 20.11     (2) Goods, services, facilities, privileges, advantages, 
 20.12  and accommodations must be afforded to an individual with a 
 20.13  disability in the most integrated setting appropriate to the 
 20.14  needs of the individual. 
 20.15     (3) Notwithstanding the existence of separate or different 
 20.16  programs or activities provided in accordance with this section, 
 20.17  the individual with a disability may not be denied the 
 20.18  opportunity to participate in the programs or activities that 
 20.19  are not separate or different. 
 20.20     (4) An individual or entity may not, directly or through 
 20.21  contractual or other arrangements, use standards or criteria and 
 20.22  methods of administration: 
 20.23     (i) that have the effect of discriminating on the basis of 
 20.24  disability; or 
 20.25     (ii) that perpetuate the discrimination of others who are 
 20.26  subject to common administrative control. 
 20.27     (c) This paragraph lists specific prohibitions against 
 20.28  discrimination on the basis of disability.  For purposes of this 
 20.29  paragraph, discrimination includes: 
 20.30     (1) the imposition or application of eligibility criteria 
 20.31  that screen out or tend to screen out an individual with a 
 20.32  disability or any class of individuals with disabilities from 
 20.33  fully and equally enjoying any goods, services, facilities, 
 20.34  privileges, advantages, or accommodations, unless the criteria 
 20.35  can be shown to be necessary for the provision of the goods, 
 20.36  services, facilities, privileges, advantages, or accommodations; 
 21.1      (2) failure to make reasonable modifications in policies, 
 21.2   practices, or procedures when the modifications are necessary to 
 21.3   afford the goods, services, facilities, privileges, advantages, 
 21.4   or accommodations to individuals with disabilities, unless the 
 21.5   entity can demonstrate that making the modifications would 
 21.6   fundamentally alter the nature of the goods, services, 
 21.7   facilities, privileges, advantages, or accommodations; 
 21.8      (3) failure to take all necessary steps to ensure that no 
 21.9   individual with a disability is excluded, denied services, 
 21.10  segregated, or otherwise treated differently than other 
 21.11  individuals because of the absence of auxiliary aids and 
 21.12  services, unless the entity can demonstrate that taking the 
 21.13  steps would fundamentally alter the nature of the goods, 
 21.14  services, facilities, privileges, advantages, or accommodations 
 21.15  being offered and would result in an undue burden; 
 21.16     (4) failure to remove architectural barriers, and 
 21.17  communication barriers that are structural in nature, in 
 21.18  existing facilities, and transportation barriers in existing 
 21.19  vehicles used by an establishment for transporting individuals, 
 21.20  not including barriers that can only be removed through the 
 21.21  retrofitting of vehicles by the installation of hydraulic or 
 21.22  other lifts, if the removal is readily achievable; and 
 21.23     (5) if an entity can demonstrate that the removal of a 
 21.24  barrier under clause (4) is not readily achievable or cannot be 
 21.25  considered a reasonable accommodation, a failure to make the 
 21.26  goods, services, facilities, privileges, advantages, or 
 21.27  accommodations available through alternative means if the means 
 21.28  are readily achievable. 
 21.29     (d) Nothing in this chapter requires an entity to permit an 
 21.30  individual to participate in and benefit from the goods, 
 21.31  services, facilities, privileges, advantages, and accommodations 
 21.32  of the entity if the individual poses a direct threat to the 
 21.33  health or safety of others.  "Direct threat" means a significant 
 21.34  risk to the health or safety of others that cannot be eliminated 
 21.35  by a modification of policies, practices, or procedures or by 
 21.36  the provision of auxiliary aids or services. 
 22.1      (e) No individual may be discriminated against on the basis 
 22.2   of disability in the full and equal enjoyment of specified 
 22.3   public transportation services provided by a private entity that 
 22.4   is primarily engaged in the business of transporting people and 
 22.5   whose operations affect commerce.  For purposes of this 
 22.6   paragraph, it is an unfair discriminatory practice for a private 
 22.7   entity providing public transportation to engage in one or more 
 22.8   of the following practices: 
 22.9      (1) imposition or application of eligibility criteria that 
 22.10  screen out, or tend to screen out, an individual with a 
 22.11  disability or a class of individuals with disabilities from 
 22.12  fully enjoying the specified public transportation services 
 22.13  provided by the entity, unless the criteria can be shown to be 
 22.14  necessary for the provision of the services being offered; 
 22.15     (2) failure to make reasonable modifications, provide 
 22.16  auxiliary aids and services, and remove barriers, consistent 
 22.17  with section 363.03, subdivision 3, paragraph (c); 
 22.18     (3) the purchase or lease of a new vehicle, other than an 
 22.19  automobile or van with a seating capacity of fewer than eight 
 22.20  passengers, including the driver, or an over-the-road bus, that 
 22.21  is to be used to provide specified public transportation that is 
 22.22  not readily accessible to and usable by individuals with 
 22.23  disabilities, including individuals who use wheelchairs, except 
 22.24  that a new vehicle need not be readily accessible to and usable 
 22.25  by individuals with disabilities if the vehicle is to be used 
 22.26  solely in a demand responsive system and if the private entity 
 22.27  can demonstrate that the system, when viewed in its entirety, 
 22.28  provides a level of services to individuals with disabilities 
 22.29  equivalent to the level of service provided to the general 
 22.30  public; 
 22.31     (4) purchase or lease a new railroad passenger car that is 
 22.32  to be used to provide specified public transportation if the car 
 22.33  is not readily accessible to and usable by individuals with 
 22.34  disabilities, including individuals who use wheelchairs, or to 
 22.35  manufacture railroad passenger cars or purchase used cars that 
 22.36  have been remanufactured so as to extend their usable life by 
 23.1   ten years or more, unless the remanufactured car, to the maximum 
 23.2   extent feasible, is made readily accessible to and usable by 
 23.3   individuals with disabilities, including individuals who use 
 23.4   wheelchairs, except that compliance with this clause is not 
 23.5   required to the extent that compliance would significantly alter 
 23.6   the historic or antiquated character of historic or antiquated 
 23.7   railroad passenger cars or rail stations served exclusively by 
 23.8   those cars; 
 23.9      (5) purchase or lease a new, used, or remanufactured 
 23.10  vehicle with a seating capacity in excess of 16 passengers, 
 23.11  including the driver, for use on a fixed route public 
 23.12  transportation system, that is not readily accessible to and 
 23.13  usable by individuals with disabilities, including individuals 
 23.14  who use wheelchairs.  If a private entity that operates a fixed 
 23.15  route public transportation system purchases or leases a new, 
 23.16  used, or remanufactured vehicle with a seating capacity of 16 
 23.17  passengers or fewer, including the driver, for use on the system 
 23.18  which is not readily accessible to and usable by individuals 
 23.19  with disabilities, it is an unfair discriminatory practice for 
 23.20  the entity to fail to operate the system so that, when viewed in 
 23.21  its entirety, the system ensures a level of service to 
 23.22  individuals with disabilities, including individuals who use 
 23.23  wheelchairs, equivalent to the level of service provided to 
 23.24  individuals without disabilities; or 
 23.25     (6) to fail to operate a demand responsive system so that, 
 23.26  when viewed in its entirety, the system ensures a level of 
 23.27  service to individuals with disabilities, including individuals 
 23.28  who use wheelchairs, equivalent to the level of service provided 
 23.29  to individuals without disabilities.  It is an unfair 
 23.30  discriminatory practice for the entity to purchase or lease for 
 23.31  use on a demand responsive system a new, used, or remanufactured 
 23.32  vehicle with a seating capacity in excess of 16 passengers, 
 23.33  including the driver, that is not readily accessible to and 
 23.34  usable by individuals with disabilities, including individuals 
 23.35  who use wheelchairs, unless the entity can demonstrate that the 
 23.36  system, when viewed in its entirety, provides a level of service 
 24.1   to individuals with disabilities equivalent to that provided to 
 24.2   individuals without disabilities. 
 24.3      (f) It is an unfair discriminatory practice to construct a 
 24.4   new facility or station to be used in the provision of public 
 24.5   transportation services, unless the facilities or stations are 
 24.6   readily accessible to and usable by individuals with 
 24.7   disabilities, including individuals who use wheelchairs.  It is 
 24.8   an unfair discriminatory practice for a facility or station 
 24.9   currently used for the provision of public transportation 
 24.10  services defined in this subdivision to fail to make alterations 
 24.11  necessary in order, to the maximum extent feasible, to make the 
 24.12  altered portions of facilities or stations readily accessible to 
 24.13  and usable by individuals with disabilities, including 
 24.14  individuals who use wheelchairs.  If the private entity is 
 24.15  undertaking an alteration that affects or could affect the 
 24.16  usability of or access to an area of the facility containing a 
 24.17  primary function, the entity shall make the alterations so that, 
 24.18  to the maximum extent feasible, the path of travel to the 
 24.19  altered area, and the bathrooms, drinking fountains, and 
 24.20  telephones serving the altered area, are readily accessible to 
 24.21  and usable by individuals with disabilities if the alterations 
 24.22  to the path of travel or to the functions mentioned are not 
 24.23  disproportionate to the overall alterations in terms of cost and 
 24.24  scope.  The entity raising this defense has the burden of proof, 
 24.25  and the department shall review these cases on a case-by-case 
 24.26  basis. 
 24.27     Sec. 12.  Minnesota Statutes 2002, section 363.03, 
 24.28  subdivision 4, is amended to read: 
 24.29     Subd. 4.  [PUBLIC SERVICES.] It is an unfair discriminatory 
 24.30  practice: 
 24.31     (1) To discriminate against any person in the access to, 
 24.32  admission to, full utilization of or benefit from any public 
 24.33  service because of race, color, creed, religion, national 
 24.34  origin, disability, sex, sexual orientation, or status with 
 24.35  regard to public assistance or to fail to ensure physical and 
 24.36  program access for disabled persons unless the public service 
 25.1   can demonstrate that providing the access would impose an undue 
 25.2   hardship on its operation.  In determining whether providing 
 25.3   physical and program access would impose an undue hardship, 
 25.4   factors to be considered include:  
 25.5      (a) the type and purpose of the public service's operation; 
 25.6      (b) the nature and cost of the needed accommodation; 
 25.7      (c) documented good faith efforts to explore less 
 25.8   restrictive or less expensive alternatives; and 
 25.9      (d) the extent of consultation with knowledgeable disabled 
 25.10  persons and organizations.  
 25.11     Physical and program access must be accomplished within six 
 25.12  months of June 7, 1983, except for needed architectural 
 25.13  modifications, which must be made within two years of June 7, 
 25.14  1983.  
 25.15     (2) For public transit services to discriminate in the 
 25.16  access to, full utilization of, or benefit from service because 
 25.17  of a person's disability.  Public transit services may use any 
 25.18  of a variety of methods to provide transportation for disabled 
 25.19  people, provided that persons who are disabled are offered 
 25.20  transportation that, in relation to the transportation offered 
 25.21  nondisabled persons, is:  
 25.22     (a) in a similar geographic area of operation.  To the 
 25.23  extent that the transportation provided disabled people is not 
 25.24  provided in the same geographic area of operation as that 
 25.25  provided nondisabled people, priority must be given to those 
 25.26  areas which contain the largest percent of disabled riders.  A 
 25.27  public transit service may not fail to provide transportation to 
 25.28  disabled persons in a geographic area for which it provides 
 25.29  service to nondisabled persons if doing so will exclude a 
 25.30  sizable portion of the disabled ridership; 
 25.31     (b) during similar hours of operation; 
 25.32     (c) for comparable fares; 
 25.33     (d) with similar or no restrictions as to trip purpose; and 
 25.34     (e) with reasonable response time.  
 25.35     Public transit services must meet these five criteria for 
 25.36  the provision of transit services within three years of June 7, 
 26.1   1983.  
 26.2      (3) For a public service that operates a fixed route system 
 26.3   to: 
 26.4      (a) purchase or lease a new bus or vehicle for use on the 
 26.5   system if the bus or vehicle is not readily accessible to and 
 26.6   usable by individuals with disabilities, including individuals 
 26.7   who use wheelchairs; 
 26.8      (b) purchase or lease a used bus or vehicle for use on its 
 26.9   system unless the public service makes a demonstrated good faith 
 26.10  effort to purchase or lease a used bus or vehicle for use on the 
 26.11  system that is accessible to and usable by individuals with 
 26.12  disabilities, including individuals who use wheelchairs; or 
 26.13     (c) purchase or lease remanufactured buses or vehicles, or 
 26.14  to remanufacture buses or vehicles for use on its system, if the 
 26.15  bus or vehicle has been remanufactured to extend its usable life 
 26.16  by five years or more, unless after the remanufacture, the bus 
 26.17  or vehicle is, to the maximum extent feasible, readily 
 26.18  accessible to and usable by persons with disabilities, including 
 26.19  individuals who use wheelchairs.  If a public service operates a 
 26.20  fixed route system, any segment of which is included on the 
 26.21  national or state register of historic places, and if making a 
 26.22  vehicle of historic character to be used solely on that segment 
 26.23  readily accessible to and usable by individuals with 
 26.24  disabilities would significantly alter the historic character of 
 26.25  the vehicle, the public service shall make whatever 
 26.26  modifications are possible while retaining the historic 
 26.27  character of the vehicle. 
 26.28     (4) For a public service operating a demand responsive 
 26.29  system to purchase or lease new, used, or remanufactured 
 26.30  vehicles that are not readily accessible to and usable by 
 26.31  individuals with disabilities, including individuals who use 
 26.32  wheelchairs, unless the system, when viewed in its entirety, 
 26.33  provides a level of service to such individuals equivalent to 
 26.34  the level of service provided to individuals without 
 26.35  disabilities who use the fixed route system or demand responsive 
 26.36  system, or for a light or rapid rail public transportation 
 27.1   system offering intercity or commuter rail services to purchase 
 27.2   or lease new, used, or remanufactured railroad cars, including 
 27.3   single- and bi-level dining cars, sleeping cars, coach cars, 
 27.4   lounge cars, restroom cars, and food service cars, unless all 
 27.5   the cars, to the maximum extent feasible, are readily accessible 
 27.6   to and usable by individuals with disabilities, including 
 27.7   individuals who use wheelchairs. 
 27.8      With respect to the remanufacture of a vehicle or railroad 
 27.9   car which is to be used on a segment of a light or rapid rail 
 27.10  system which is included on the state or national register of 
 27.11  historic places, if making the vehicle readily accessible to and 
 27.12  usable by individuals with disabilities would significantly 
 27.13  alter the historic character of the vehicle, the public service 
 27.14  that operates the system only has to make, or purchase or lease 
 27.15  a remanufactured vehicle with, those modifications that do not 
 27.16  significantly alter the historic character of the vehicle. 
 27.17     (5) To construct a new facility or station to be used in 
 27.18  the provision of public transportation services, including 
 27.19  intercity and commuter light and rapid rail transportation, 
 27.20  unless the facility or station is readily accessible to and 
 27.21  usable by individuals with disabilities, including individuals 
 27.22  who use wheelchairs, or for a facility or station currently used 
 27.23  for the provision of public transportation services covered by 
 27.24  this clause, to fail to make alterations necessary in order, to 
 27.25  the maximum extent feasible, to make the altered portions of the 
 27.26  facilities or stations, including restrooms, passenger platforms 
 27.27  and waiting or ticketing areas, publicly owned concessions 
 27.28  areas, and drinking fountains and public telephones, accessible 
 27.29  to and usable by individuals with disabilities, including 
 27.30  individuals who use wheelchairs.  
 27.31     If a public service can demonstrate that the provision of 
 27.32  paratransit and other transportation services otherwise required 
 27.33  under this subdivision would impose an undue financial burden on 
 27.34  the public service, the public service is only required to 
 27.35  provide services to the extent that providing those services 
 27.36  would not impose such a burden. 
 28.1      Nothing in this subdivision may be construed to prevent a 
 28.2   public service from providing paratransit services or other 
 28.3   special transportation services at a level greater than that 
 28.4   required by this subdivision, providing additional paratransit 
 28.5   services to those required under this subdivision or extending 
 28.6   those services to additional individuals not covered under this 
 28.7   subdivision. 
 28.8      Sec. 13.  Minnesota Statutes 2002, section 363.03, 
 28.9   subdivision 5, is amended to read: 
 28.10     Subd. 5.  [EDUCATIONAL INSTITUTION.] It is an unfair 
 28.11  discriminatory practice: 
 28.12     (1) To discriminate in any manner in the full utilization 
 28.13  of or benefit from any educational institution, or the services 
 28.14  rendered thereby to any person because of race, color, creed, 
 28.15  religion, national origin, sex, age, marital status, status with 
 28.16  regard to public assistance, sexual orientation, or disability, 
 28.17  or to fail to ensure physical and program access for disabled 
 28.18  persons.  For purposes of this paragraph, program access 
 28.19  includes but is not limited to providing taped texts, 
 28.20  interpreters or other methods of making orally delivered 
 28.21  materials available, readers in libraries, adapted classroom 
 28.22  equipment, and similar auxiliary aids or services.  Program 
 28.23  access does not include providing attendants, individually 
 28.24  prescribed devices, readers for personal use or study, or other 
 28.25  devices or services of a personal nature. 
 28.26     (2) To exclude, expel, or otherwise discriminate against a 
 28.27  person seeking admission as a student, or a person enrolled as a 
 28.28  student because of race, color, creed, religion, national 
 28.29  origin, sex, age, marital status, status with regard to public 
 28.30  assistance, sexual orientation, or disability. 
 28.31     (3) To make or use a written or oral inquiry, or form of 
 28.32  application for admission that elicits or attempts to elicit 
 28.33  information, or to make or keep a record, concerning the creed, 
 28.34  religion, sexual orientation, or disability of a person seeking 
 28.35  admission, except as permitted by rules of the department. 
 28.36     (4) To make or use a written or oral inquiry or form of 
 29.1   application that elicits or attempts to elicit information, or 
 29.2   to keep a record concerning the race, color, national origin, 
 29.3   sex, age, or marital status of a person seeking admission, 
 29.4   unless the information is collected for purposes of evaluating 
 29.5   the effectiveness of recruitment, admissions, and other 
 29.6   educational policies, and is maintained separately from the 
 29.7   application. 
 29.8      Sec. 14.  Minnesota Statutes 2002, section 363.03, 
 29.9   subdivision 7, is amended to read: 
 29.10     Subd. 7.  [REPRISALS.] It is an unfair discriminatory 
 29.11  practice for any individual who participated in the alleged 
 29.12  discrimination as a perpetrator, employer, labor organization, 
 29.13  employment agency, public accommodation, public service, 
 29.14  educational institution, or owner, lessor, lessee, sublessee, 
 29.15  assignee or managing agent of any real property, or any real 
 29.16  estate broker, real estate salesperson, or employee or agent 
 29.17  thereof to intentionally engage in any reprisal against any 
 29.18  person because that person: 
 29.19     (1) Opposed a practice forbidden under this chapter or has 
 29.20  filed a charge, testified, assisted, or participated in any 
 29.21  manner in an investigation, proceeding, or hearing under this 
 29.22  chapter; or 
 29.23     (2) Associated with a person or group of persons who are 
 29.24  disabled or who are of different race, color, creed, religion, 
 29.25  sexual orientation, or national origin. 
 29.26     A reprisal includes, but is not limited to, any form of 
 29.27  intimidation, retaliation, or harassment.  It is a reprisal for 
 29.28  an employer to do any of the following with respect to an 
 29.29  individual because that individual has engaged in the activities 
 29.30  listed in clause (1) or (2):  refuse to hire the individual; 
 29.31  depart from any customary employment practice; transfer or 
 29.32  assign the individual to a lesser position in terms of wages, 
 29.33  hours, job classification, job security, or other employment 
 29.34  status; or inform another employer that the individual has 
 29.35  engaged in the activities listed in clause (1) or (2). 
 29.36     Sec. 15.  Minnesota Statutes 2002, section 363.03, 
 30.1   subdivision 8, is amended to read: 
 30.2      Subd. 8.  [CREDIT; DISCRIMINATION.] It is an unfair 
 30.3   discriminatory practice:  
 30.4      (1) to discriminate in the extension of personal or 
 30.5   commercial credit to a person, or in the requirements for 
 30.6   obtaining credit, because of race, color, creed, religion, 
 30.7   disability, national origin, sex, sexual orientation, or marital 
 30.8   status, or due to the receipt of federal, state, or local public 
 30.9   assistance including medical assistance; or 
 30.10     (2) to discriminate in the extension of personal or 
 30.11  commercial credit against any person who is a tenant receiving 
 30.12  federal, state, or local housing subsidies, including rental 
 30.13  assistance or rent supplements because the person is a recipient 
 30.14  of those subsidies or assistance; or 
 30.15     (3) for a credit card issuer to refuse to issue a credit 
 30.16  card to a woman under her current or former surname unless there 
 30.17  is an intent to defraud or mislead, except that a credit card 
 30.18  issuer may require that a woman requesting a card under a former 
 30.19  surname open a separate account in that name.  A credit card 
 30.20  issuer may also require disclosure of any other names under 
 30.21  which the credit card applicant may have a credit history. 
 30.22     Sec. 16.  Minnesota Statutes 2002, section 363.03, 
 30.23  subdivision 8a, is amended to read: 
 30.24     Subd. 8a.  [BUSINESS DISCRIMINATION.] It is an unfair 
 30.25  discriminatory practice for a person engaged in a trade or 
 30.26  business or in the provision of a service:  
 30.27     (a) to refuse to do business with or provide a service to a 
 30.28  woman based on her use of her current or former surname; or 
 30.29     (b) to impose, as a condition of doing business with or 
 30.30  providing a service to a woman, that a woman use her current 
 30.31  surname rather than a former surname; or 
 30.32     (c) to intentionally refuse to do business with, to refuse 
 30.33  to contract with, or to discriminate in the basic terms, 
 30.34  conditions, or performance of the contract because of a person's 
 30.35  race, national origin, color, sex, sexual orientation, or 
 30.36  disability, unless the alleged refusal or discrimination is 
 31.1   because of a legitimate business purpose. 
 31.2      Nothing in this subdivision shall prohibit positive action 
 31.3   plans. 
 31.4      Sec. 17.  Minnesota Statutes 2002, section 363.05, 
 31.5   subdivision 1, is amended to read: 
 31.6      Subdivision 1.  [FORMULATION OF POLICIES.] The commissioner 
 31.7   shall formulate policies to effectuate the purposes of this 
 31.8   chapter and shall: 
 31.9      (1) exercise leadership under the direction of the governor 
 31.10  in the development of human rights policies and programs, and 
 31.11  make recommendations to the governor and the legislature for 
 31.12  their consideration and implementation; 
 31.13     (2) establish and maintain a principal office in St. Paul, 
 31.14  and any other necessary branch offices at any location within 
 31.15  the state; 
 31.16     (3) meet and function at any place within the state; 
 31.17     (4) employ attorneys, clerks, and other employees and 
 31.18  agents as the commissioner may deem necessary and prescribe 
 31.19  their duties; 
 31.20     (5) to the extent permitted by federal law and regulation, 
 31.21  utilize the records of the department of economic security of 
 31.22  the state when necessary to effectuate the purposes of this 
 31.23  chapter; 
 31.24     (6) obtain upon request and utilize the services of all 
 31.25  state governmental departments and agencies; 
 31.26     (7) adopt suitable rules for effectuating the purposes of 
 31.27  this chapter; 
 31.28     (8) issue complaints, receive and investigate charges 
 31.29  alleging unfair discriminatory practices, and determine whether 
 31.30  or not probable cause exists for hearing; 
 31.31     (9) subpoena witnesses, administer oaths, take testimony, 
 31.32  and require the production for examination of any books or 
 31.33  papers relative to any matter under investigation or in question 
 31.34  as the commissioner deems appropriate to carry out the purposes 
 31.35  of this chapter; 
 31.36     (10) attempt, by means of education, conference, 
 32.1   conciliation, and persuasion to eliminate unfair discriminatory 
 32.2   practices as being contrary to the public policy of the state; 
 32.3      (11) develop and conduct programs of formal and informal 
 32.4   education designed to eliminate discrimination and intergroup 
 32.5   conflict by use of educational techniques and programs the 
 32.6   commissioner deems necessary; 
 32.7      (12) make a written report of the activities of the 
 32.8   commissioner to the governor each year; 
 32.9      (13) accept gifts, bequests, grants or other payments 
 32.10  public and private to help finance the activities of the 
 32.11  department; 
 32.12     (14) create such local and statewide advisory committees as 
 32.13  will in the commissioner's judgment aid in effectuating the 
 32.14  purposes of the department of human rights; 
 32.15     (15) develop such programs as will aid in determining the 
 32.16  compliance throughout the state with the provisions of this 
 32.17  chapter, and in the furtherance of such duties, conduct research 
 32.18  and study discriminatory practices based upon race, color, 
 32.19  creed, religion, national origin, sex, age, disability, marital 
 32.20  status, status with regard to public assistance, familial 
 32.21  status, sexual orientation, or other factors and develop 
 32.22  accurate data on the nature and extent of discrimination and 
 32.23  other matters as they may affect housing, employment, public 
 32.24  accommodations, schools, and other areas of public life; 
 32.25     (16) develop and disseminate technical assistance to 
 32.26  persons subject to the provisions of this chapter, and to 
 32.27  agencies and officers of governmental and private agencies; 
 32.28     (17) provide staff services to such advisory committees as 
 32.29  may be created in aid of the functions of the department of 
 32.30  human rights; 
 32.31     (18) make grants in aid to the extent that appropriations 
 32.32  are made available for that purpose in aid of carrying out 
 32.33  duties and responsibilities; and 
 32.34     (19) cooperate and consult with the commissioner of labor 
 32.35  and industry regarding the investigation of violations of, and 
 32.36  resolution of complaints regarding section 363.03, subdivision 9.
 33.1      In performing these duties, the commissioner shall give 
 33.2   priority to those duties in clauses (8), (9), and (10) and to 
 33.3   the duties in section 363.073.  
 33.4      Sec. 18.  Minnesota Statutes 2002, section 363.11, is 
 33.5   amended to read: 
 33.6      363.11 [CONSTRUCTION.] 
 33.7      The provisions of this chapter shall be construed liberally 
 33.8   for the accomplishment of the purposes thereof.  Nothing 
 33.9   contained in this chapter shall be deemed to repeal any of the 
 33.10  provisions of the civil rights law or of any other law of this 
 33.11  state relating to discrimination because of race, creed, color, 
 33.12  religion, sex, age, disability, marital status, status with 
 33.13  regard to public assistance, national origin, sexual 
 33.14  orientation, or familial status; but, as to acts declared unfair 
 33.15  by section 363.03, the procedure herein provided shall, while 
 33.16  pending, be exclusive. 
 33.17     Sec. 19.  Minnesota Statutes 2002, section 363.115, is 
 33.18  amended to read: 
 33.19     363.115 [REFERRAL TO LOCAL COMMISSION.] 
 33.20     The commissioner, whether or not a charge has been filed 
 33.21  under this chapter, may refer a matter involving discrimination 
 33.22  because of race, color, religion, sex, creed, disability, 
 33.23  marital status, status with regard to public assistance, 
 33.24  national origin, age, sexual orientation, or familial status to 
 33.25  a local commission for study and report. 
 33.26     Upon referral by the commissioner, the local commission 
 33.27  shall make a report and make recommendations to the commissioner 
 33.28  and take other appropriate action within the scope of its powers.
 33.29     Sec. 20.  Minnesota Statutes 2002, section 363.12, 
 33.30  subdivision 1, is amended to read: 
 33.31     Subdivision 1.  [FREEDOM FROM DISCRIMINATION.] It is the 
 33.32  public policy of this state to secure for persons in this state, 
 33.33  freedom from discrimination; 
 33.34     (1) In employment because of race, color, creed, religion, 
 33.35  national origin, sex, marital status, disability, status with 
 33.36  regard to public assistance, sexual orientation, and age; 
 34.1      (2) In housing and real property because of race, color, 
 34.2   creed, religion, national origin, sex, marital status, 
 34.3   disability, status with regard to public assistance, sexual 
 34.4   orientation, and familial status; 
 34.5      (3) In public accommodations because of race, color, creed, 
 34.6   religion, national origin, sex, sexual orientation, and 
 34.7   disability; 
 34.8      (4) In public services because of race, color, creed, 
 34.9   religion, national origin, sex, marital status, disability, 
 34.10  sexual orientation, and status with regard to public assistance; 
 34.11  and 
 34.12     (5) In education because of race, color, creed, religion, 
 34.13  national origin, sex, marital status, disability, status with 
 34.14  regard to public assistance, sexual orientation, and age.  Such 
 34.15  discrimination threatens the rights and privileges of the 
 34.16  inhabitants of this state and menaces the institutions and 
 34.17  foundations of democracy.  It is also the public policy of this 
 34.18  state to protect all persons from wholly unfounded charges of 
 34.19  discrimination.  Nothing in this chapter shall be interpreted as 
 34.20  restricting the implementation of positive action programs to 
 34.21  combat discrimination. 
 34.22     Sec. 21.  Minnesota Statutes 2002, section 609.2231, 
 34.23  subdivision 4, is amended to read: 
 34.24     Subd. 4.  [ASSAULTS MOTIVATED BY BIAS.] (a) Whoever 
 34.25  assaults another because of the victim's or another's actual or 
 34.26  perceived race, color, religion, sex, sexual orientation, 
 34.27  disability as defined in section 363.01, age, or national origin 
 34.28  may be sentenced to imprisonment for not more than one year or 
 34.29  to payment of a fine of not more than $3,000, or both. 
 34.30     (b) Whoever violates the provisions of paragraph (a) within 
 34.31  five years of a previous conviction under paragraph (a) is 
 34.32  guilty of a felony and may be sentenced to imprisonment for not 
 34.33  more than one year and a day or to payment of a fine of not more 
 34.34  than $3,000, or both. 
 34.35     Sec. 22.  Minnesota Statutes 2002, section 609.595, 
 34.36  subdivision 1a, is amended to read: 
 35.1      Subd. 1a.  [CRIMINAL DAMAGE TO PROPERTY IN THE SECOND 
 35.2   DEGREE.] (a) Whoever intentionally causes damage described in 
 35.3   subdivision 2, paragraph (a), because of the property owner's or 
 35.4   another's actual or perceived race, color, religion, sex, sexual 
 35.5   orientation, disability as defined in section 363.01, age, or 
 35.6   national origin is guilty of a felony and may be sentenced to 
 35.7   imprisonment for not more than one year and a day or to payment 
 35.8   of a fine of not more than $3,000, or both. 
 35.9      (b) In any prosecution under paragraph (a), the value of 
 35.10  property damaged by the defendant in violation of that paragraph 
 35.11  within any six-month period may be aggregated and the defendant 
 35.12  charged accordingly in applying this section.  When two or more 
 35.13  offenses are committed by the same person in two or more 
 35.14  counties, the accused may be prosecuted in any county in which 
 35.15  one of the offenses was committed for all of the offenses 
 35.16  aggregated under this paragraph. 
 35.17     Sec. 23.  Minnesota Statutes 2002, section 609.748, 
 35.18  subdivision 6, is amended to read: 
 35.19     Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) A person 
 35.20  who violates a restraining order issued under this section is 
 35.21  subject to the penalties provided in paragraphs (b) to (d).  
 35.22     (b) Except as otherwise provided in paragraphs (c) and (d), 
 35.23  when a temporary restraining order or a restraining order is 
 35.24  granted under this section and the respondent knows of the 
 35.25  order, violation of the order is a misdemeanor.  
 35.26     (c) A person is guilty of a gross misdemeanor who knowingly 
 35.27  violates the order during the time period between a previous 
 35.28  qualified domestic violence-related offense conviction and the 
 35.29  end of the five years following discharge from sentence for that 
 35.30  offense.  
 35.31     (d) A person is guilty of a felony and may be sentenced to 
 35.32  imprisonment for not more than five years or to payment of a 
 35.33  fine of not more than $10,000, or both, if the person knowingly 
 35.34  violates the order:  
 35.35     (1) during the time period between the first of two or more 
 35.36  previous qualified domestic violence-related offense convictions 
 36.1   and the end of the five years following discharge from sentence 
 36.2   for that offense; 
 36.3      (2) because of the victim's or another's actual or 
 36.4   perceived race, color, religion, sex, sexual orientation, 
 36.5   disability as defined in section 363.01, age, or national 
 36.6   origin; 
 36.7      (3) by falsely impersonating another; 
 36.8      (4) while possessing a dangerous weapon; 
 36.9      (5) with an intent to influence or otherwise tamper with a 
 36.10  juror or a judicial proceeding or with intent to retaliate 
 36.11  against a judicial officer, as defined in section 609.415, or a 
 36.12  prosecutor, defense attorney, or officer of the court, because 
 36.13  of that person's performance of official duties in connection 
 36.14  with a judicial proceeding; or 
 36.15     (6) against a victim under the age of 18, if the respondent 
 36.16  is more than 36 months older than the victim. 
 36.17     (e) A peace officer shall arrest without a warrant and take 
 36.18  into custody a person whom the peace officer has probable cause 
 36.19  to believe has violated an order issued under subdivision 4 or 5 
 36.20  if the existence of the order can be verified by the officer.  
 36.21     (f) A violation of a temporary restraining order or 
 36.22  restraining order shall also constitute contempt of court. 
 36.23     (g) Upon the filing of an affidavit by the petitioner, any 
 36.24  peace officer, or an interested party designated by the court, 
 36.25  alleging that the respondent has violated an order issued under 
 36.26  subdivision 4 or 5, the court may issue an order to the 
 36.27  respondent requiring the respondent to appear within 14 days and 
 36.28  show cause why the respondent should not be held in contempt of 
 36.29  court.  The court also shall refer the violation of the order to 
 36.30  the appropriate prosecuting authority for possible prosecution 
 36.31  under paragraph (b), (c), or (d). 
 36.32     Sec. 24.  Minnesota Statutes 2002, section 609.749, 
 36.33  subdivision 3, is amended to read: 
 36.34     Subd. 3.  [AGGRAVATED VIOLATIONS.] (a) A person who commits 
 36.35  any of the following acts is guilty of a felony and may be 
 36.36  sentenced to imprisonment for not more than five years or to 
 37.1   payment of a fine of not more than $10,000, or both: 
 37.2      (1) commits any offense described in subdivision 2 because 
 37.3   of the victim's or another's actual or perceived race, color, 
 37.4   religion, sex, sexual orientation, disability as defined in 
 37.5   section 363.01, age, or national origin; 
 37.6      (2) commits any offense described in subdivision 2 by 
 37.7   falsely impersonating another; 
 37.8      (3) commits any offense described in subdivision 2 and 
 37.9   possesses a dangerous weapon at the time of the offense; 
 37.10     (4) harasses another, as defined in subdivision 1, with 
 37.11  intent to influence or otherwise tamper with a juror or a 
 37.12  judicial proceeding or with intent to retaliate against a 
 37.13  judicial officer, as defined in section 609.415, or a 
 37.14  prosecutor, defense attorney, or officer of the court, because 
 37.15  of that person's performance of official duties in connection 
 37.16  with a judicial proceeding; or 
 37.17     (5) commits any offense described in subdivision 2 against 
 37.18  a victim under the age of 18, if the actor is more than 36 
 37.19  months older than the victim. 
 37.20     (b) A person who commits any offense described in 
 37.21  subdivision 2 against a victim under the age of 18, if the actor 
 37.22  is more than 36 months older than the victim, and the act is 
 37.23  committed with sexual or aggressive intent, is guilty of a 
 37.24  felony and may be sentenced to imprisonment for not more than 
 37.25  ten years or to payment of a fine of not more than $20,000, or 
 37.26  both. 
 37.27     Sec. 25.  Minnesota Statutes 2002, section 611A.371, 
 37.28  subdivision 2, is amended to read: 
 37.29     Subd. 2.  [NONDISCRIMINATION.] Designated shelter 
 37.30  facilities are prohibited from discriminating against a battered 
 37.31  woman or her children on the basis of race, color, creed, 
 37.32  religion, national origin, marital status, status with regard to 
 37.33  public assistance, or disability, or sexual orientation.  
 37.34     Sec. 26.  Minnesota Statutes 2002, section 611A.79, 
 37.35  subdivision 1, is amended to read: 
 37.36     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 38.1   "bias offense" means conduct that would constitute a crime and 
 38.2   was committed because of the victim's or another's actual or 
 38.3   perceived race, color, religion, sex, sexual orientation, 
 38.4   disability as defined in section 363.01, age, or national origin.
 38.5      Sec. 27.  Minnesota Statutes 2002, section 626.5531, 
 38.6   subdivision 1, is amended to read: 
 38.7      Subdivision 1.  [REPORTS REQUIRED.] A peace officer must 
 38.8   report to the head of the officer's department every violation 
 38.9   of chapter 609 or a local criminal ordinance if the officer has 
 38.10  reason to believe, or if the victim alleges, that the offender 
 38.11  was motivated to commit the act by the victim's race, religion, 
 38.12  national origin, sex, age, or disability, or characteristics 
 38.13  identified as sexual orientation.  The superintendent of the 
 38.14  bureau of criminal apprehension shall adopt a reporting form to 
 38.15  be used by law enforcement agencies in making the reports 
 38.16  required under this section.  The reports must include for each 
 38.17  incident all of the following: 
 38.18     (1) the date of the offense; 
 38.19     (2) the location of the offense; 
 38.20     (3) whether the target of the incident is a person, private 
 38.21  property, or public property; 
 38.22     (4) the crime committed; 
 38.23     (5) the type of bias and information about the offender and 
 38.24  the victim that is relevant to that bias; 
 38.25     (6) any organized group involved in the incident; 
 38.26     (7) the disposition of the case; 
 38.27     (8) whether the determination that the offense was 
 38.28  motivated by bias was based on the officer's reasonable belief 
 38.29  or on the victim's allegation; and 
 38.30     (9) any additional information the superintendent deems 
 38.31  necessary for the acquisition of accurate and relevant data. 
 38.32     Sec. 28.  Minnesota Statutes 2002, section 626.8451, 
 38.33  subdivision 1, is amended to read: 
 38.34     Subdivision 1.  [TRAINING COURSE; CRIMES MOTIVATED BY 
 38.35  BIAS.] The board must prepare a training course to assist peace 
 38.36  officers in identifying and responding to crimes motivated by 
 39.1   the victim's race, religion, national origin, sex, age, or 
 39.2   disability, or characteristics identified as sexual 
 39.3   orientation.  The course must include material to help officers 
 39.4   distinguish bias crimes from other crimes, to help officers in 
 39.5   understanding and assisting victims of these crimes, and to 
 39.6   ensure that bias crimes will be accurately reported as required 
 39.7   under section 626.5531.  The course must be updated periodically 
 39.8   as the board considers appropriate. 
 39.9      Sec. 29.  [REPEALER.] 
 39.10     Minnesota Statutes 2002, section 363.01, subdivision 41a, 
 39.11  is repealed.