SF 4245

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 03:50pm

A bill for an act
relating to state government; establishing a Council on LGBTQI Minnesotans;
limiting criminal defenses and authorization for the use of force relating to a
victim's sexual orientation or identity; prohibiting conversion therapy with children
or vulnerable adults; prohibiting medical assistance coverage for conversion
therapy; prohibiting the misrepresentation of conversion therapy services or
products; amending Minnesota Statutes 2018, sections 256B.0625, by adding a
subdivision; 257.56; 325F.69, by adding a subdivision; 609.06, subdivision 1, by
adding a subdivision; 609.075; 609.20; proposing coding for new law in Minnesota
Statutes, chapters 15; 214.

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

Section 1.

new text begin [15.0146] COUNCIL ON LGBTQI MINNESOTANS.
new text end

new text begin Subdivision 1. new text end

new text begin Council established; membership. new text end

new text begin (a) The Council on LGBTQI
Minnesotans is established. The council consists of 16 voting members, appointed as provided
in this subdivision. The governor may additionally appoint a commissioner of a state agency
or a designee of that commissioner to serve as an ex officio, nonvoting member of the
council.
new text end

new text begin (b) The governor shall appoint a total of 12 public voting members as follows: two
members who identify as gay, two members who identify as lesbian, two members who
identify as bisexual, two members who identify as transgender, two members who identify
as queer, and two members who identify as intersex.
new text end

new text begin (c) Four legislators shall be appointed to the council as follows: the speaker of the house
and the minority leader of the house of representatives shall each appoint one member of
the house of representatives, and the senate Subcommittee on Committees of the Committee
on Rules and Administration shall appoint one member of the senate majority caucus and
one member of the senate minority caucus.
new text end

new text begin Subd. 2. new text end

new text begin Appointments; terms; removal. new text end

new text begin (a) In making appointments to the council,
the governor shall consider an appointee's proven dedication and commitment to Minnesota's
LGBTQI community and any expertise possessed by the appointee that might be beneficial
to the council, such as experience in public policy, legal affairs, social work, business, or
management. The executive director and legislative members may offer advice to the
governor on applicants seeking appointment.
new text end

new text begin (b) Terms, compensation, and filling of vacancies for members appointed by the governor
are as provided in section 15.059. Removal of members appointed by the governor is
governed by section 15.059, except that: (1) a member who missed more than half of the
council meetings convened during a 12-month period is automatically removed from the
council; and (2) a member appointed by the governor may be removed by a vote of three
of the four legislative members of the council. The chair of the council shall inform the
governor of the need for the governor to fill a vacancy on the council. Legislative members
serve at the pleasure of their appointing authority.
new text end

new text begin (c) A member appointed by the governor may serve no more than a total of eight years
on a council. A legislator may serve no more than eight consecutive years or 12
nonconsecutive years on any one council.
new text end

new text begin Subd. 3. new text end

new text begin Training; executive committee; meetings; support. new text end

new text begin (a) A member appointed
by the governor must attend orientation training within the first six months of service for
the member's initial term. The commissioner of administration must arrange for the training
to include but not be limited to the legislative process, government data practices, ethics,
conflicts of interest, Open Meeting Law, Robert's Rules of Order, fiscal management, and
human resources. The governor must remove a member who does not complete the training.
new text end

new text begin (b) The council shall annually elect from among the members appointed by the governor
a chair and other officers it deems necessary. These officers and one legislative member
selected by the council shall serve as the executive committee of the council.
new text end

new text begin (c) Forty percent of voting members of the council constitutes a quorum. A quorum is
required to conduct council business. A council member may not vote on any action if the
member has a conflict of interest under section 10A.07.
new text end

new text begin (d) The council shall receive administrative support from the commissioner of
administration under section 16B.371. The council may contract in its own name but may
not accept or receive a loan or incur indebtedness except as otherwise provided by law.
Contracts must be approved by a majority of the members of the council and executed by
the chair and the executive director. The council may apply for, receive, and expend in its
own name grants and gifts of money consistent with the powers and duties specified in this
section.
new text end

new text begin (e) The attorney general shall provide legal services to the council on behalf of the state
on all matters relating to the council, including matters relating to the state as the employer
of the executive director of the council and other council staff.
new text end

new text begin Subd. 4. new text end

new text begin Executive director; staff. new text end

new text begin (a) The Legislative Coordinating Commission must
appoint an executive director for the council. The executive director must be experienced
in administrative activities and familiar with the challenges and needs of Minnesota's
LGBTQI community. The executive director serves in the unclassified service at the pleasure
of the Legislative Coordinating Commission.
new text end

new text begin (b) The Legislative Coordinating Commission must establish a process for recruiting
and selecting applicants for the executive director position. This process must include
consultation and collaboration with the council.
new text end

new text begin (c) The executive director and council members must work together in fulfilling council
duties. The executive director must consult with the commissioner of administration to
ensure appropriate financial, purchasing, human resources, and other services for operation
of the council.
new text end

new text begin (d) Once appointed, the council is responsible for supervising the work of its director.
The council chair must report to the chair of the Legislative Coordinating Commission
regarding the performance of the executive director, including any recommendations
regarding disciplinary actions. The executive director must appoint and supervise the work
of other staff necessary to carry out the duties of the council. The executive director must
consult with the council chair prior to taking the following disciplinary actions with council
staff: written reprimand, suspension, demotion, or discharge. The executive director and
other council staff are executive branch employees.
new text end

new text begin (e) The executive director must submit the council's biennial budget request to the
commissioner of management and budget as provided under chapter 16A.
new text end

new text begin Subd. 5. new text end

new text begin Duties of council. new text end

new text begin (a) The council must work for the implementation of
economic, social, legal, and political equality for Minnesota's LGBTQI community. The
council shall work with the legislature and governor to carry out this work by performing
the duties in this section.
new text end

new text begin (b) The council shall advise the governor and the legislature on issues confronting the
community. This may include but is not limited to presenting the results of surveys, studies,
and community forums to the appropriate executive departments and legislative committees.
new text end

new text begin (c) The council shall advise the governor and the legislature of administrative and
legislative changes needed to improve the economic and social condition of Minnesota's
LGBTQI community. This may include but is not limited to working with legislators to
develop legislation to address these issues and to work for passage of the legislation. This
may also include making recommendations regarding the state's affirmative action program
and the state's targeted group small business program, or working with state agencies and
organizations to develop business opportunities and promote economic development for
the LGBTQI community.
new text end

new text begin (d) The council shall advise the governor and the legislature of the implications and
effect of proposed administrative and legislative changes on the constituency of the council.
This may include but is not limited to tracking legislation, testifying as appropriate, and
meeting with executive departments and legislators.
new text end

new text begin (e) The council shall serve as a liaison between state government and organizations that
serve Minnesota's LGBTQI community. This may include but is not limited to working
with these organizations to carry out the duties in paragraphs (a) to (d), and working with
these organizations to develop informational programs or publications to involve and
empower the community in seeking improvement in their economic and social conditions.
new text end

new text begin (f) The council shall perform or contract for the performance of studies designed to
suggest solutions to the problems of Minnesota's LGBTQI community in the areas of
education, employment, human rights, health, housing, social welfare, and other related
areas.
new text end

new text begin (g) In carrying out duties under this subdivision, the council may act to advise on issues
that affect the shared constituencies with the councils established in section 15.0145.
new text end

new text begin Subd. 6. new text end

new text begin Duties of council members. new text end

new text begin A council member shall:
new text end

new text begin (1) attend and participate in scheduled meetings and be prepared by reviewing meeting
notes;
new text end

new text begin (2) maintain and build communication with Minnesota's LGBTQI community;
new text end

new text begin (3) collaborate with the council and executive director in carrying out the council's duties;
and
new text end

new text begin (4) participate in activities the council or executive director deem appropriate and
necessary to facilitate the goals and duties of the council.
new text end

new text begin Subd. 7. new text end

new text begin Reports. new text end

new text begin The council must report on the measurable outcomes achieved in the
council's current strategic plan to meet its statutory duties, along with the specific objectives
and outcome measures proposed for the following year. The council must submit the report
by January 15 each year to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over state government operations. Each report must
cover the calendar year of the year before the report is submitted. The specific objectives
and outcome measures for the following current year must focus on three or four achievable
objectives, action steps, and measurable outcomes for which the council will be held
accountable. The strategic plan may include other items that support the statutory purposes
of the council but should not distract from the primary statutory proposals presented. The
biennial budget of each council must be submitted to the Legislative Coordinating
Commission by February 1 in each odd-numbered year.
new text end

Sec. 2.

new text begin [214.078] PROTECTION FROM CONVERSION THERAPY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin (a) "Conversion therapy" is a practice by a mental health
practitioner or mental health professional as defined in section 245.462 that seeks to change
an individual's sexual orientation or gender identity. The commissioner of health shall
convene a working group to develop a detailed, uniform definition of conversion therapy.
The working group shall consist of one board member from each of the following boards:
new text end

new text begin (1) Board of Medical Practice;
new text end

new text begin (2) Board of Psychology;
new text end

new text begin (3) Board of Nursing;
new text end

new text begin (4) Board of Social Work Practice;
new text end

new text begin (5) Board of Behavioral Health and Therapy; and
new text end

new text begin (6) Board of Marriage and Family Therapy.
new text end

new text begin The working group members shall be appointed by the executive director of each of the
listed boards by September 1, 2020.
new text end

new text begin (b) The working group is subject to the Minnesota Open Meeting Law under chapter
13D.
new text end

new text begin (c) The definition of conversion therapy developed by the working group must be
objective, nonjudgmental, and must be based on peer-reviewed scientific research that relies
on empirical data.
new text end

new text begin (d) By January 15, 2021, each board listed in paragraph (a) shall adopt the definition of
conversion therapy developed by the working group as exempt rules under section 14.386.
Section 14.386, paragraph (b), does not apply to rules adopted under this section.
new text end

new text begin (e) Each board listed in paragraph (a) shall inform its licensees of the adopted definition
of conversion therapy in a timely manner.
new text end

new text begin (f) The commissioner of health shall submit a report on the definition developed by the
working group and any additional recommendations to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy by February 15, 2021.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin (a) No health care professional shall engage in conversion therapy
with a client younger than 18 years of age or with a vulnerable adult as defined in section
626.5572, subdivision 21.
new text end

new text begin (b) Conversion therapy attempted by a health care professional with a client younger
than 18 years of age or with vulnerable adults shall be considered unprofessional conduct
and the health care professional may be subject to disciplinary action by the licensing board
of the health care professional.
new text end

new text begin (c) For purposes of this section, "health care professional" means a mental health
practitioner or mental health professional as defined under section 245.462.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 1 is effective the day following final enactment.
Subdivision 2 is effective January 15, 2021.
new text end

Sec. 3.

Minnesota Statutes 2018, section 256B.0625, is amended by adding a subdivision
to read:

new text begin Subd. 5n. new text end

new text begin Conversion therapy. new text end

new text begin Conversion therapy, as defined by rule adopted under
section 214.078, is not covered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 15, 2021.
new text end

Sec. 4.

Minnesota Statutes 2018, section 257.56, is amended to read:

257.56 deleted text begin ARTIFICIAL INSEMINATION deleted text end new text begin ASSISTED REPRODUCTION new text end .

Subdivision 1.

deleted text begin Husband deleted text end new text begin Spouse new text end treated as biological deleted text begin father deleted text end new text begin parent new text end .

If, under the
supervision of a licensed physician and with the consent of her deleted text begin husband deleted text end new text begin spouse new text end , a deleted text begin wife is
inseminated artificially deleted text end new text begin woman conceives through assisted reproduction new text end with semen new text begin or ova
or both, new text end donated by a deleted text begin man not her husband deleted text end new text begin donor or donors not her spouse new text end , the deleted text begin husband deleted text end new text begin
spouse new text end is treated in law as deleted text begin if he were the biological father deleted text end new text begin the parent new text end of a child thereby
conceived. The deleted text begin husband's deleted text end new text begin spouse's new text end consent must be in writing and signed by deleted text begin him and his
wife deleted text end new text begin the spouse and the woman conceiving through assisted reproduction new text end . The consent must
be retained by the physician for at least four years after the confirmation of a pregnancy
that occurs during the process of deleted text begin artificial insemination deleted text end new text begin assisted reproduction new text end .

All papers and records pertaining to the deleted text begin insemination deleted text end new text begin assisted reproduction new text end , whether
part of the permanent record of a court or of a file held by the supervising physician or
elsewhere, are subject to inspection only upon an order of the court for good cause shown.

Subd. 2.

Donor not treated as biological deleted text begin father deleted text end new text begin parent new text end .

The donor of semen new text begin or ova
new text end provided to a licensed physician for use in deleted text begin artificial insemination of deleted text end new text begin assisted reproduction
by new text end a married woman other than the donor's deleted text begin wife deleted text end new text begin spouse new text end is treated in law as if deleted text begin he were deleted text end new text begin the
donor is new text end not the deleted text begin biological father deleted text end new text begin parent new text end of a child thereby conceived new text begin , unless a court finds
satisfactory evidence that the donor and the woman intended for the donor to be a parent new text end .

Sec. 5.

Minnesota Statutes 2018, section 325F.69, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Advertisement and sales; misrepresentation of conversion therapy. new text end

new text begin No
person or entity shall, while conducting any trade or commerce, use or employ any fraud,
false pretense, false promise, false guarantee, misrepresentation, false or misleading
statements, or deceptive practice when advertising or otherwise offering conversion therapy
services, as defined under section 214.078.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 15, 2021.
new text end

Sec. 6.

Minnesota Statutes 2018, section 609.06, subdivision 1, is amended to read:

Subdivision 1.

When authorized.

Except as otherwise provided in deleted text begin subdivision deleted text end
new text begin subdivisions new text end 2 new text begin and 3 new text end , reasonable force may be used upon or toward the person of another
without the other's consent when the following circumstances exist or the actor reasonably
believes them to exist:

(1) when used by a public officer or one assisting a public officer under the public
officer's direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in
the manner provided by law and delivering the other to an officer competent to receive the
other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against
the person; or

(4) when used by any person in lawful possession of real or personal property, or by
another assisting the person in lawful possession, in resisting a trespass upon or other
unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape,
of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher, or other lawful custodian of a child or
pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful
authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful
requirement for the conduct of passengers and reasonable care is exercised with regard to
the passenger's personal safety; or

(9) when used to restrain a person with a mental illness or a person with a developmental
disability from self-injury or injury to another or when used by one with authority to do so
to compel compliance with reasonable requirements for the person's control, conduct, or
treatment; or

(10) when used by a public or private institution providing custody or treatment against
one lawfully committed to it to compel compliance with reasonable requirements for the
control, conduct, or treatment of the committed person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2018, section 609.06, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Use of force not authorized; reaction to victim's sexual orientation. new text end

new text begin Force
may not be used against another based on the discovery of, knowledge about, or potential
disclosure of the victim's actual or perceived sexual orientation, including gender identity
and expression, including under circumstances in which the victim made an unwanted
nonforcible romantic or sexual advance toward the actor, or if the actor and victim dated
or had a romantic or sexual relationship.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2018, section 609.075, is amended to read:

609.075 new text begin DEFENSES; new text end INTOXICATION deleted text begin AS DEFENSE deleted text end new text begin , REACTION TO VICTIM'S
SEXUAL ORIENTATION new text end .

new text begin Subdivision 1. new text end

new text begin Intoxication as defense. new text end

An act committed while in a state of voluntary
intoxication is not less criminal by reason thereof, but when a particular intent or other state
of mind is a necessary element to constitute a particular crime, the fact of intoxication may
be taken into consideration in determining such intent or state of mind.

new text begin Subd. 2. new text end

new text begin Reaction to victim's sexual orientation. new text end

new text begin It is not a defense to a crime that the
defendant acted based on the discovery of, knowledge about, or potential disclosure of the
victim's actual or perceived sexual orientation, including gender identity and expression,
including under circumstances in which the victim made an unwanted nonforcible romantic
or sexual advance toward the defendant, or if the defendant and victim dated or had a
romantic or sexual relationship.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2018, section 609.20, is amended to read:

609.20 MANSLAUGHTER IN THE FIRST DEGREE.

Whoever does any of the following is guilty of manslaughter in the first degree and may
be sentenced to imprisonment for not more than 15 years or to payment of a fine of not
more than $30,000, or both:

(1) intentionally causes the death of another person in the heat of passion provoked by
such words or acts of another as would provoke a person of ordinary self-control under like
circumstances, provided that new text begin :
new text end

new text begin (i) new text end the crying of a child new text begin ; or
new text end

new text begin (ii) the discovery of, knowledge about, or potential disclosure of the victim's actual or
perceived sexual orientation, including gender identity and expression, including under
circumstances in which the victim made an unwanted nonforcible romantic or sexual advance
toward the actor, or if the actor and victim dated or had a romantic or sexual relationship;
new text end

does not constitute provocation;

(2) violates section 609.224 and causes the death of another or causes the death of another
in committing or attempting to commit a misdemeanor or gross misdemeanor offense with
such force and violence that death of or great bodily harm to any person was reasonably
foreseeable, and murder in the first or second degree was not committed thereby;

(3) intentionally causes the death of another person because the actor is coerced by
threats made by someone other than the actor's coconspirator and which cause the actor
reasonably to believe that the act performed by the actor is the only means of preventing
imminent death to the actor or another;

(4) proximately causes the death of another, without intent to cause death by, directly
or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing,
or administering a controlled substance classified in Schedule III, IV, or V; or

(5) causes the death of another in committing or attempting to commit a violation of
section 609.377 (malicious punishment of a child), and murder in the first, second, or third
degree is not committed thereby.

As used in this section, a "person of ordinary self-control" does not include a person
under the influence of intoxicants or a controlled substance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to crimes
committed on or after that date.
new text end