SF 4387

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/20/2022 08:26am

A bill for an act
relating to state government; limiting the authority of the attorney general related
to violations of orders and rules resulting from a peacetime or national security
emergency; establishing forgiveness of violations of certain executive orders and
permitting recovery of certain legal costs; amending Minnesota Statutes 2020,
section 12.45.

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

Section 1.

Minnesota Statutes 2020, section 12.45, is amended to read:

12.45 VIOLATIONS, PENALTIES.

new text begin (a) new text end Unless a different penalty or punishment is specifically prescribed, a person who
willfully violates a provision of this chapter or a rule or order having the force and effect
of law issued under authority of this chapter is guilty of a misdemeanor and upon conviction
must be punished by a fine not to exceed $1,000, or by imprisonment for not more than 90
days.

new text begin (b) Notwithstanding any law to the contrary, violations of this chapter are not subject
to civil enforcement by the attorney general.
new text end

Sec. 2. new text begin FORGIVENESS OF PENALTIES FOR VIOLATIONS OF EXECUTIVE
ORDERS; RECOVERY OF COSTS, DISBURSEMENTS, AND REASONABLE
ATTORNEY FEES.
new text end

new text begin (a) An individual or business may petition the court for relief under this section if the
individual or business was subjected to any of the following penalties for opening or operating
a business in violation of an executive order of the governor issued pursuant to the peacetime
emergency declared on March 13, 2020, in Executive Order 20-01, and incurred legal costs
as a result:
new text end

new text begin (1) conviction of a petty misdemeanor, misdemeanor, or gross misdemeanor;
new text end

new text begin (2) imposition of a civil penalty of any amount; or
new text end

new text begin (3) suspension or revocation of any license necessary for practicing a profession or
operating a business.
new text end

new text begin (b) A petition under this section must be filed with the court that has jurisdiction over
matters in the county where the business was located. The petition must be served on the
attorney general and contain the following information:
new text end

new text begin (1) the name and address of the petitioner;
new text end

new text begin (2) the name and address of the business;
new text end

new text begin (3) the case number, if any, of all criminal or civil enforcement actions brought against
the person or business for which relief is sought;
new text end

new text begin (4) a statement itemizing all legal costs, including attorney fees, incurred by the petitioner
or business as a result of the penalty; and
new text end

new text begin (5) a short statement describing why the petitioner is entitled to relief.
new text end

new text begin (c) Unless all parties agree to an extension, the court shall hold a hearing within 90 days
of receipt of the petition.
new text end

new text begin (d) If the court determines that the petitioner is entitled to relief, it shall issue orders:
new text end

new text begin (1) vacating any petty misdemeanor, misdemeanor, or gross misdemeanor convictions
and dismissing the charges;
new text end

new text begin (2) forgiving any civil penalty that was imposed as a penalty for violating an executive
order and requiring a refund of any amount paid;
new text end

new text begin (3) requiring any licensing entity to reinstate any license necessary for practicing a
profession or operating a business that was revoked for violating an executive order;
new text end

new text begin (4) awarding the petitioner all costs, disbursements, and reasonable attorney fees incurred
by the petitioner or business due to the imposition of the penalty; and
new text end

new text begin (5) awarding the petitioner all costs, disbursements, and reasonable attorney fees incurred
by the petitioner or business in filing a petition under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end