SF 699

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to property rights; establishing procedures 
  1.3             governing entry of private property by government 
  1.4             officials; requiring notice; imposing penalties; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 566. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [566.001] [PROCEDURES FOR ENTRY OF PROPERTY BY 
  1.9   GOVERNMENT OFFICIALS.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.11  subdivision apply to this section. 
  1.12     (b) "Government official" means an employee or agent of the 
  1.13  state or a political subdivision of the state. 
  1.14     (c) "Official business" means a government official acting 
  1.15  within the scope of employment or other authority granted by the 
  1.16  state or a political subdivision of the state. 
  1.17     (d) "Owner" means the record owner, the owner's agent, or 
  1.18  lawful occupant of private property or, if the property is used 
  1.19  for commercial purposes, the owner of a business or place of 
  1.20  employment within the property that is the subject of an 
  1.21  inspection or investigation.  "Owner" includes a manager or 
  1.22  other employee who is operating or in charge of a business or 
  1.23  place of employment at the time of the inspection or 
  1.24  investigation. 
  1.25     (e) "Peace officer" has the meaning given in section 626.84.
  1.26     (f) "Private property" means a privately-owned building or 
  2.1   land. 
  2.2      Subd. 2.  [NOTICE AT TIME OF ENTRY.] (a) On or before the 
  2.3   time that a government official enters private property on 
  2.4   official business, the government official shall give the owner 
  2.5   a written or oral notice that includes: 
  2.6      (1) the government official's name and the government 
  2.7   agency or entity that the official represents; 
  2.8      (2) the reason for the entry and the specific statutory or 
  2.9   legal authority authorizing the entry; and 
  2.10     (3) the right, if any, of the owner to deny or restrict the 
  2.11  entry and the possible consequences of a denial or restriction. 
  2.12     (b) The notice under paragraph (a) must be given to the 
  2.13  owner at the time of the entry or as soon as practicable after 
  2.14  the time of the entry.  Upon request, the government official 
  2.15  shall provide proof of identification.  The owner has the right 
  2.16  to accompany the government official, unless this is not 
  2.17  practical or would jeopardize an inspection or investigation.  
  2.18  In the case of land that is not occupied by the owner at the 
  2.19  time of the entry, a written notice must be mailed to the owner 
  2.20  as soon as practicable after the entry.  Notice is not required 
  2.21  if the government official was not able to conduct an inspection 
  2.22  or investigation because the owner was not present or if the 
  2.23  owner could not be identified or located. 
  2.24     Subd. 3.  [NOTICE AFTER ENTRY.] Upon request of an owner, 
  2.25  as soon as practicable, a government official shall provide an 
  2.26  oral or written summary of the results of an entry and itemize 
  2.27  any property that was seized.  This subdivision does not require 
  2.28  the release of confidential investigative data under section 
  2.29  13.39 or 13.82. 
  2.30     Subd. 4.  [EXCEPTIONS.] (a) Subdivisions 2 and 3 do not 
  2.31  apply to the extent that the government official reasonably 
  2.32  determines that notice would jeopardize an inspection or 
  2.33  investigation, provided that: 
  2.34     (1) the government official is entering property or a 
  2.35  portion of property in which the owner has no reasonable 
  2.36  expectation of privacy; and 
  3.1      (2) the notices required under subdivisions 2 and 3 are 
  3.2   given as soon as practicable after the government official 
  3.3   leaves the property, unless the government official determines 
  3.4   that notice would jeopardize future inspections or 
  3.5   investigations. 
  3.6      (b) Subdivisions 2 and 3 do not apply to: 
  3.7      (1) an entry by a licensed peace officer, except for an 
  3.8   entry under chapter 103G, or by a probation officer or 
  3.9   corrections agent acting under authority granted by a court or 
  3.10  the commissioner of corrections; 
  3.11     (2) government officials acting on behalf of a municipality 
  3.12  or municipal power or gas agency that produces or furnishes 
  3.13  water, gas, or electric service; 
  3.14     (3) assessors acting under section 273.20 and land 
  3.15  surveyors acting under section 117.041 or 505.31; 
  3.16     (4) government officials acting in an emergency situation 
  3.17  or in response to a request by an owner; 
  3.18     (5) an entry for purposes of inspecting a building under 
  3.19  construction or for a public health hazard abatement procedure; 
  3.20     (6) an entry made only for the purpose of crossing open 
  3.21  land or a view of property made without physical entry onto the 
  3.22  land; and 
  3.23     (7) an entry for the purpose of the collection of general 
  3.24  information not related to the possession or use of the property 
  3.25  that is entered, except that notice under subdivision 2 must be 
  3.26  given to the owner if the owner is present at the time of the 
  3.27  entry. 
  3.28     Subd. 5.  [RELATIONSHIP TO OTHER LAWS.] Subdivisions 2 and 
  3.29  3 do not prohibit other law from imposing other requirements on 
  3.30  entry of private property by a government official.  
  3.31  Subdivisions 2 and 3 do not apply to the extent that other law 
  3.32  specifically controls the notice of entry in a manner 
  3.33  inconsistent with subdivisions 2 and 3.  Nothing in this section 
  3.34  authorizes an entry or seizure not otherwise permissible under 
  3.35  law. 
  3.36     Subd. 6.  [EVIDENCE NOT EXCLUDED.] Observations made or 
  4.1   evidence obtained through an investigation or inspection 
  4.2   governed by this section may not be excluded as evidence in any 
  4.3   proceeding because of the violation of this section. 
  4.4      Subd. 7.  [PENALTY.] A government official who knowingly 
  4.5   violates this section is guilty of a petty misdemeanor.