HF 2300

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/21/2025 12:41pm

A bill for an act
relating to state government; providing for judiciary and government data practices
policy; amending real property judicial foreclosure law; providing for the Uniform
Special Deposits Act; providing for reports; reducing certain appropriations;
appropriating money for the supreme court, court of appeals, district courts, Board
of Civil Legal Aid, State Guardian ad Litem Board, tax court, Uniform Laws
Commission, Board on Judicial Standards, Board of Public Defense, Human Rights,
Office of Appellate Counsel and Training, Competency Attainment Board, Cannabis
Expungement Board, and Secretary of State; amending Minnesota Statutes 2024,
sections 13.03, subdivision 3; 13.32, subdivisions 2, 5; 13.43, subdivision 2; 13.991;
142A.76, subdivision 8; 144E.123, subdivision 3; 260C.419, subdivisions 2, 3, 4;
480.243, by adding a subdivision; 480.35, by adding a subdivision; 480.40,
subdivisions 1, 3; 480.45, subdivision 2; 484.44; 484.51; 518.68, subdivision 1;
518B.01, subdivision 2; 524.5-420; 580.07, subdivisions 1, 2; 581.02; 595.02, by
adding a subdivision; 611.45, subdivision 3; 611.46, subdivision 2; 611.49,
subdivisions 2, 3; 611.55, subdivision 3; 611.56, subdivision 1; 611.59, subdivisions
1, 4; proposing coding for new law in Minnesota Statutes, chapters 13; 47; 480.

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

ARTICLE 1

JUDICIARY APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2026 new text end		new text begin 2027 new text end

Sec. 2. new text begin SUPREME COURT new text end

new text begin $ new text end

new text begin 58,753,000 new text end

new text begin $ new text end

new text begin 50,223,000 new text end

new text begin (a) Contingent Account
new text end

new text begin $5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end

new text begin (b) Digital Accessibility
new text end

new text begin $1,124,000 the first year is to ensure equal
access to online court resources. This
appropriation is available until June 30, 2029.
new text end

new text begin (c) Court Cyber Security
new text end

new text begin $3,500,000 the first year is for the judicial
branch cyber security program. This
appropriation is available until June 30, 2029.
new text end

new text begin (d) Justice Partner Access
new text end

new text begin $4,000,000 the first year is to improve justice
partner access to documents and court
information. This appropriation is available
until June 30, 2029.
new text end

Sec. 3. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 15,578,000 new text end

new text begin $ new text end

new text begin 15,609,000 new text end

Sec. 4. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 407,318,000 new text end

new text begin $ new text end

new text begin 392,528,000 new text end

new text begin (a) Psychological Services
new text end

new text begin $10,634,000 the first year is for the
psychological and psychiatric examiner
services program, which delivers statutorily
mandated psychological examinations for civil
commitment, criminal competency, and
criminal responsibility evaluations. This
appropriation is available until June 30, 2029.
new text end

new text begin (b) Interpreter Services
new text end

new text begin $2,580,000 the first year is for mandated
interpreter services. This appropriation is
available until June 30, 2029.
new text end

new text begin (c) Increased Cost of Jury Program
new text end

new text begin $1,576,000 the first year is for increased costs
of jury programs. This appropriation is
available until June 30, 2029.
new text end

Sec. 5. new text begin BOARD OF CIVIL LEGAL AID new text end

new text begin $ new text end

new text begin 35,353,000 new text end

new text begin $ new text end

new text begin 35,353,000 new text end

Sec. 6. new text begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end

new text begin 26,607,000 new text end

new text begin $ new text end

new text begin 26,625,000 new text end

new text begin Volunteer Guardians ad Litem
new text end

new text begin $229,000 the first year and $247,000 the
second year are for supervising volunteer
guardians ad litem.
new text end

Sec. 7. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 2,306,000 new text end

new text begin $ new text end

new text begin 2,307,000 new text end

Sec. 8. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 115,000 new text end

new text begin $ new text end

new text begin 115,000 new text end

Sec. 9. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 654,000 new text end

new text begin $ new text end

new text begin 655,000 new text end

new text begin (a) Availability of Appropriation
new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end

new text begin (b) Major Disciplinary Actions
new text end

new text begin $125,000 each year is for special investigative
and hearing costs for major disciplinary
actions undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain
available for these expenditures until June 30,
2029.
new text end

Sec. 10. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 167,130,000 new text end

new text begin $ new text end

new text begin 167,130,000 new text end

Sec. 11. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 8,847,000 new text end

new text begin $ new text end

new text begin 8,854,000 new text end

Sec. 12. new text begin OFFICE OF APPELLATE COUNSEL AND TRAINING new text end

new text begin $ new text end

new text begin 1,361,000 new text end

new text begin $ new text end

new text begin 1,361,000 new text end

Sec. 13. new text begin COMPETENCY ATTAINMENT BOARD new text end

new text begin $ new text end

new text begin 10,900,000 new text end

new text begin $ new text end

new text begin 11,165,000 new text end

Sec. 14. new text begin CANNABIS EXPUNGEMENT BOARD new text end

new text begin $ new text end

new text begin 5,356,000 new text end

new text begin $ new text end

new text begin 5,371,000 new text end

Sec. 15. new text begin SECRETARY OF STATE new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 18,000 new text end

new text begin Personal Information of Judicial Officials
new text end

new text begin $18,000 the second year is to protect personal
information of judicial officials contained in
real property records pursuant to Minnesota
Statutes, section 480.50. This appropriation is
onetime.
new text end

Sec. 16. new text begin OFFICE OF APPELLATE COUNSEL AND TRAINING; REDUCTION.
new text end

new text begin The commissioner of management and budget shall reduce the appropriation to the
Office of Appellate Counsel and Training for fiscal years 2024 and 2025 in Laws 2023,
chapter 52, article 1, section 11, by $2,000,000.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 17. new text begin STATE COMPETENCY ATTAINMENT BOARD; REDUCTION.
new text end

new text begin The commissioner of management and budget shall reduce the appropriation to the State
Competency Attainment Board for fiscal years 2024 and 2025 in Laws 2023, chapter 52,
article 1, as amended by Laws 2023, chapter 73, section 3, by $11,000,000.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 18. new text begin CANNABIS EXPUNGEMENT BOARD; REDUCTION.
new text end

new text begin The commissioner of management and budget shall reduce the appropriation to the
Cannabis Expungement Board for fiscal years 2024 and 2025 in Laws 2023, chapter 63,
article 9, section 4, by $10,000,000.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 19. new text begin JUSTICE PARTNER ACCESS; FEE.
new text end

new text begin The Minnesota Judicial Branch may charge a fee to private attorneys for improved access
to documents and court information and retain any money collected. The fee may be imposed
by rule or policy.
new text end

ARTICLE 2

JUDICIARY POLICY

Section 1.

new text begin [13.891] RESTORATIVE PRACTICE PARTICIPANT DATA.
new text end

new text begin (a) For purposes of this section, "restorative practice participant" has the meaning given
in section 595.02, subdivision 1b, paragraph (a), clause (2).
new text end

new text begin (b) Data collected, created, or maintained by a government entity that identifies an
individual as a restorative practice participant is private data on individuals but may be
disclosed for the purposes described in section 595.02, subdivision 1b, paragraph (b), clauses
(1) to (3), or paragraph (c). This section does not apply to personnel data, as defined in
section 13.43, subdivision 1, or to an individual who receives payment to facilitate a
restorative practice, as defined in section 142A.76, subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2024, section 142A.76, subdivision 8, is amended to read:

Subd. 8.

Report.

By February 15 of each year, the director shall report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
public safety, human services, and education, on the work of the Office of Restorative
Practices, any grants issued pursuant to this section, and the status of local restorative
practices initiatives in the state that were reviewed in the previous year. new text begin The status report
should include information provided by the grantees on their program's impact on recidivism,
public safety, and local financial investments in restorative practices. Grantees must provide
this information to the Office of Restorative Practices by November 15 of each year.
new text end

Sec. 3.

Minnesota Statutes 2024, section 260C.419, subdivision 2, is amended to read:

Subd. 2.

Statewide Office of Appellate Counsel and Training; establishment.

(a)
The Statewide Office of Appellate Counsel and Training is deleted text begin established as an independent
state office deleted text end new text begin created as an agency in the executive branch, with powers and duties established
by law new text end . The office shall be responsible for:

(1) establishing and maintaining a system for providing appellate representation to
parents in juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;

(2) providing training to all parent attorneys practicing in the state on topics relevant to
their practice and establishing practice standards and training requirements for parent
attorneys practicing in the state; and

(3) collaborating with the Minnesota Department of Children, Youth, and Families to
coordinate and secure federal Title IV-E support for counties and Tribes interested in
accessing federal funding.

(b) The office shall be governed by a board as provided in subdivision 3.

Sec. 4.

Minnesota Statutes 2024, section 260C.419, subdivision 3, is amended to read:

Subd. 3.

State Board of Appellate Counsel and Training; structure; membership.

(a)
The State Board of Appellate Counsel and Training is established to direct the Statewide
Office of Appellate Counsel and Training. The board shall consist of seven members,
including:

(1) four public members appointed by the governor; and

(2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.

(b) The appointing authorities may not appoint any of the following to be a member of
the board:

(1) a person who is a judge;

(2) a person who is a registered lobbyist;

(3) a person serving as a guardian ad litem or counsel for a guardian ad litem;

(4) a person who serves as counsel for children in juvenile court;

(5) a person under contract with or employed by the Department of Children, Youth,
and Families or a county department of human or social services; or

(6) a current city or county attorney or assistant city or county attorney.

(c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota, and an
efficient coordination effort, in collaboration with the Department of Children, Youth, and
Families, to secure and utilize Title IV-E funding. At least one member of the board appointed
by the governor must be a representative from a federally recognized Indian Tribe. No more
than five members of the board may belong to the same political party. At least three
members of the board shall be from judicial districts other than the First, Second, Fourth,
and Tenth Judicial Districts. To the extent practicable, the membership of the board must
include persons with disabilities, reflect the ethnic diversity of the state, take into
consideration race and gender, and include persons from throughout the state. The members
shall be well acquainted with representing parents in district court and appellate proceedings
related to child protection matters as well as the law that affects a parent attorney's work,
including chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil
Appellate Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family
Preservation Act. The terms, compensation, and removal of members shall be as provided
in section 15.0575. The new text begin governor shall designate one member to serve as the initial chair.
Upon the expiration of the initial chair's term, board new text end members shall elect a chair from among
the membership and the chair shall serve a term of two years.

Sec. 5.

Minnesota Statutes 2024, section 260C.419, subdivision 4, is amended to read:

Subd. 4.

Head appellate counsel for parents; assistant deleted text begin and contracted deleted text end attorneys;
other employees.

(a) Beginning January 1, 2024, and for every four years after that date,
the board shall appoint a head appellate counsel in charge of executing the responsibilities
of the office who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the board. The head
appellate counsel shall be a full-time deleted text begin qualified deleted text end attorney, licensed to practice law in this state,
and serve in the unclassified service of the state. Vacancies of the office shall be filled by
the appointing authority for the unexpired term. The head appellate counsel shall devote
full time to the performance of duties and shall not engage in the general practice of law.
The deleted text begin compensation deleted text end new text begin salary new text end of the head appellate counsel shall be set deleted text begin by the board and shall
be commensurate with county attorneys in the state deleted text end new text begin according to section 43A.18, subdivision
3 new text end .

(b) deleted text begin Consistent with the decisions of the board, deleted text end The head appellate counsel shall employ
deleted text begin assistants or hire independent contractors deleted text end new text begin or appoint attorneys new text end to serve as new text begin assistant new text end appellate
counsel for parents. Each assistant appellate counsel deleted text begin and independent contractor deleted text end serves at
the pleasure of the head appellate counsel. The deleted text begin compensation of deleted text end new text begin salary ranges for new text end assistant
appellate counsel deleted text begin and independent contractors deleted text end shall be set deleted text begin by the board and shall be
commensurate with county attorneys in the state deleted text end new text begin in consultation with Minnesota Management
and Budget new text end .

(c) A person serving as appellate counsel shall be deleted text begin a qualified deleted text end new text begin an new text end attorney licensed to
practice law in this state. A person serving as appellate counsel practicing in Tribal court
shall be a licensed attorney qualified to practice law in Tribal courts in the state. Assistant
appellate counsel and contracted appellate counsel may engage in the general practice of
law where not employed or contracted to provide services on a full-time basis.

(d) The head appellate counsel shall, consistent with the responsibilities under subdivision
2, employ or hire the following:

(1) one managing appellate attorney;

(2) two staff attorneys;

(3) one director of training;

(4) one program administrator to support Title IV-E reimbursement in collaboration
with the Department of Children, Youth, and Families; and

(5) one office administrator.

(e) deleted text begin Each employee deleted text end new text begin All attorneys new text end identified in paragraph (d) deleted text begin serves deleted text end new text begin serve new text end at the pleasure
of the head appellate counsel. deleted text begin The deleted text end new text begin Other employees shall serve in the classified service.
new text end Compensation deleted text begin of each employee deleted text end new text begin for all employees new text end shall be set by the board deleted text begin and shall be
commensurate with county attorneys in the state. deleted text end new text begin in accordance with the collective bargaining
agreements or compensation plans covering the terms and conditions for executive branch
employees.
new text end

(f) Any person serving as managing appellate attorney, staff attorney, and director of
training shall be a qualified attorney licensed to practice law in the state.

(g) A person serving as the program administrator and office administrator must be
chosen solely on the basis of training, experience, and qualifications.

Sec. 6.

Minnesota Statutes 2024, section 480.243, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin The State Board of Civil Legal Aid shall report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
judiciary on data related to the cases and individuals and families serviced by each of the
grant recipients providing legal services with funds received pursuant to section 480.242.
The data shall be provided for each individual organization and, when possible, for each
geographic region the organization works in, and provided in the aggregate to protect the
privacy of the individuals and families served by the organization. Reports under this section
shall be submitted by July 15 each year.
new text end

Sec. 7.

Minnesota Statutes 2024, section 480.35, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Annual report to the legislature. new text end

new text begin By January 15 of each year, the State
Guardian ad Litem Board must submit a report to the chairs and ranking minority members
of the legislative committees with jurisdiction over judiciary finance, in compliance with
sections 3.195 and 3.197. The report must not contain data on individuals but may contain
summary data, as those terms are defined in section 13.02. The report must include the
number of:
new text end

new text begin (1) board personnel, including volunteers;
new text end

new text begin (2) children served by guardians ad litem in court cases, including Native American
children in Minnesota Indian Family Preservation Act cases and federal Indian Child Welfare
Act cases;
new text end

new text begin (3) court reports filed by guardians ad litem;
new text end

new text begin (4) cases assigned;
new text end

new text begin (5) hours worked;
new text end

new text begin (6) complaints regarding a guardian submitted to the board;
new text end

new text begin (7) investigations of complaints performed by the board; and
new text end

new text begin (8) complaints that result in discipline to a guardian ad litem.
new text end

new text begin All information in clauses (1) to (8) must be disaggregated by paid staff and volunteers.
new text end

Sec. 8.

Minnesota Statutes 2024, section 484.44, is amended to read:

484.44 DEPUTY SHERIFF AND COURT ADMINISTRATOR; ST. LOUIS
COUNTY.

There shall be at all times a chief deputy sheriff of St. Louis County and a chief deputy
court administrator of the district court of St. Louis County and such other deputies as may
be necessary, resident at the city of Virginia, or the city of Ely, or the city of Hibbing, and
their appointment shall be made in the same manner as other deputy sheriffs and deputy
clerks of the district court in said county. The salaries of such deputies shall be fixed and
paid in the same manner as other such deputies. The office of said deputy sheriff at Virginia,
Hibbing, and Ely shall not in any sense be considered or deemed the office of the sheriff
for any purpose except the performance of duties relating solely to proceedings tried or to
be tried at said places; but the office of the deputy court administrator at said places shall
be equally deemed the office of the court administrator of court for all purposes deleted text begin except the
filing of papers in actions or proceedings to be tried at Duluth deleted text end . Marriage licenses and
naturalization papers may be issued by said deputy court administrator.

Sec. 9.

Minnesota Statutes 2024, section 484.51, is amended to read:

484.51 PAPERS WHERE FILED; ST. LOUIS COUNTY.

deleted text begin After deleted text end new text begin Regardless of new text end the place of trial of any cause deleted text begin is determined deleted text end , as provided in sections
484.44 to 484.52, all papers, orders and documents pertaining to all causes deleted text begin to be tried at
Virginia and filed in court shall be filed and be kept on file at the court administrator's office
in the city of Virginia, and all causes to be tried in Hibbing and all papers, orders and
documents pertaining thereto shall be filed and be kept on file at the court administrator's
office in the city of Hibbing deleted text end new text begin can be filed at any court location in St. Louis County new text end .

In all actions tried at the city of Virginia or the city of Hibbing, the court administrator,
as soon as final judgment is entered, shall forthwith cause such judgment to be docketed in
the court administrator's office at the county seat; and when so docketed the same shall
become a lien on real estate and have the same effect as judgments entered in causes tried
at the county seat.

In all actions tried at the city of Virginia or the city of Hibbing, involving the title of
real estate, upon final judgment being entered, all the papers in said cause shall be filed in
the court administrator's office at the county seat and the final judgment or decree recorded
therein, and a certified copy of all papers in the case shall be made by the court administrator
and retained at the court administrator's office in the city of Virginia or in the court
administrator's office in the city of Hibbing where the action was originally tried, without
additional charge to the parties to said action.

Sec. 10.

Minnesota Statutes 2024, section 518.68, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

Every court order or judgment and decree under this
chapter or chapter 518A that provides for child support, spousal maintenance, custody, or
parenting time must contain certain notices as set out in subdivision 2. The information in
the notices must be concisely stated in plain language deleted text begin . The notices must be deleted text end new text begin and new text end in clearly
legible print deleted text begin , but may not exceed two pages deleted text end . An order or judgment and decree without the
notice remains subject to all statutes. The court may waive all or part of the notice required
under subdivision 2 relating to parental rights under section 518.17, subdivision 3, if it finds
it is necessary to protect the welfare of a party or child.

Sec. 11.

Minnesota Statutes 2024, section 518B.01, subdivision 2, is amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms deleted text begin shall deleted text end have the meanings
given deleted text begin them deleted text end :

(a) "Domestic abuse" means the following, if committed against a family or household
member by a family or household member:

(1) physical harm, bodily injury, or assault;

(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal
sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or
609.3451; sexual extortion within the meaning of section 609.3458; or interference with an
emergency call within the meaning of section 609.78, subdivision 2.

(b) "Family or household members" means:

(1) spouses and former spouses;

(2) parents and children;

(3) persons related by blood;

(4) persons who are presently residing together or who have resided together in the past;

(5) persons who have a child in common regardless of whether they have been married
or have lived together at any time;

(6) a man and woman if the woman is pregnant and the man is alleged to be the father,
regardless of whether they have been married or have lived together at any time; and

(7) persons involved in a significant romantic or sexual relationship.

Issuance of an order for protection on the ground in clause (6) does not affect a
determination of paternity under sections 257.51 to 257.74. In determining whether persons
are or have been involved in a significant romantic or sexual relationship under clause (7),
the court shall consider the length of time of the relationship; type of relationship; frequency
of interaction between the parties; and, if the relationship has terminated, length of time
since the termination.

(c) "Qualified domestic violence-related offense" has the meaning given in section
609.02, subdivision 16.

(d) "Custodian" means any person other than the petitioner or respondent who deleted text begin is under
a legal obligation to provide care and support for a minor child of a petitioner or who is in
fact providing care and support for a minor child of a petitioner. Custodian does not include
any person caring for a minor child if the petitioner's parental rights have been terminated. deleted text end new text begin
has:
new text end

new text begin (1) physical or legal custody under section 257.541, subdivision 1, physical or legal
custody pursuant to any court order, or physical custody with the consent of a custodial
parent; or
new text end

new text begin (2) court-ordered parenting time.
new text end

Sec. 12.

Minnesota Statutes 2024, section 524.5-420, is amended to read:

524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING; COURT
ORDERS.

(a) A conservator shall report to the court for administration of the estate annually unless
the court otherwise directs, upon resignation or removal, upon termination of the
conservatorship, and at other times as the court directs. new text begin A copy of the report must be provided
to the person subject to conservatorship and to interested persons of record with the court.
new text end An order, after notice and hearing, allowing an intermediate report of a conservator
adjudicates liabilities concerning the matters adequately disclosed in the accounting. An
order, after notice and hearing, allowing a final report adjudicates all previously unsettled
liabilities relating to the conservatorship.

(b) A report must state or contain a listing of the assets of the estate under the
conservator's control and a listing of the receipts, disbursements, and distributions during
the reporting period.

(c) The report must also state an address or post office box and a telephone number
where the conservator can be contacted.

(d) A conservator shall report to the court in writing within 30 days of the occurrence
of any of the events listed in this paragraph. The conservator must report any of the
occurrences in this paragraph and follow the same reporting requirements in this paragraph
for any employee of the conservator responsible for exercising powers and duties under the
conservatorship. A copy of the report must be provided to the person subject to
conservatorship and to interested persons of record with the court. A conservator shall report
when:

(1) the conservator is removed for cause from serving as a guardian or conservator, and
if so, the case number and court location;

(2) the conservator has a professional license from an agency listed under section
524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and if so,
the licensing agency and license number, and the basis for denial, condition, suspension,
revocation, or cancellation of the license;

(3) the conservator is found civilly liable in an action that involves fraud,
misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
case number and court location;

(4) the conservator files for or receives protection under the bankruptcy laws, and if so,
the case number and court location;

(5) a civil monetary judgment is entered against the conservator, and if so, the case
number, court location, and outstanding amount owed;

(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
offense, and if so, the case number and court location; or

(7) an order for protection or harassment restraining order is issued against the
conservator, and if so, the case number and court location.

(e) A person subject to conservatorship or an interested person of record with the court
may submit to the court a written statement disputing account statements regarding the
administration of the estate or addressing any disciplinary or legal action that is contained
in the reports and may petition the court for any order that is in the best interests of the
person subject to conservatorship and the estate or for other appropriate relief.

(f) An interested person may notify the court in writing that the interested person does
not wish to receive copies of reports required under this section after which time neither
the court nor any other person is required to give notice to any person who has waived
notice.

(g) The court may appoint a visitor to review a report or plan, interview the person
subject to conservatorship or conservator, and make any other investigation the court directs.
In connection with a report, the court may order a conservator to submit the assets of the
estate to an appropriate examination to be made in a manner the court directs.

(h) The court shall establish a system for monitoring of conservatorships, including the
filing and review of conservators' reports and plans. If an annual report is not filed within
60 days of the required date, the court shall issue an order to show cause. Unless otherwise
ordered by the court, a report under this section shall be filed publicly.

(i) If there is no acting guardian, a conservator that becomes aware of the death of the
person subject to conservatorship shall notify in writing; orally; or by phone, text message,
email, or electronic service, all known interested persons as defined by section 524.5-102,
subdivision 7, clauses (iii), (iv), (v), (vi), (ix), and (xi), and the court as soon as is reasonably
practical, that the person subject to conservatorship has died. The conservator may delegate
this task under reasonable circumstances.

(j) If a conservator fails to comply with this section, the court may decline to appoint
that person as a guardian or conservator, or may remove a person as guardian or conservator.

Sec. 13.

Minnesota Statutes 2024, section 595.02, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Inadmissibility; exceptions. new text end

new text begin (a) For purposes of this subdivision:
new text end

new text begin (1) "restorative practice" has the meaning given in section 142A.76, subdivision 1; and
new text end

new text begin (2) "restorative practice participant" means a facilitator, a person who has caused harm,
a person who has been harmed, a community member, and any other person attending a
restorative practice.
new text end

new text begin (b) Statements made or documents offered in the course of a restorative practice are not
subject to discovery or admissible as evidence in a civil or criminal proceeding. This
paragraph does not apply:
new text end

new text begin (1) to statements or documents that are the subject of a report made pursuant to section
626.557 or chapter 260E;
new text end

new text begin (2) if a restorative practice participant reasonably believed that disclosure of a statement
or document was necessary to prevent reasonably certain death, great bodily harm, or
commission of a crime; or
new text end

new text begin (3) if the statement or document constitutes evidence of professional misconduct by a
restorative practice participant acting in the capacity of their professional or occupational
license.
new text end

new text begin (c) Notwithstanding paragraph (b), if a court orders a person who caused harm to
participate in a restorative practice, a person overseeing the restorative practice may disclose
information necessary to demonstrate whether the person who caused harm participated as
ordered.
new text end

new text begin (d) Evidence that is otherwise admissible or subject to discovery does not become
inadmissible or protected from discovery solely because it was discussed or used in a
restorative practice.
new text end

Sec. 14.

Minnesota Statutes 2024, section 611.45, subdivision 3, is amended to read:

Subd. 3.

Dismissal of criminal charge.

(a) If the court finds the defendant incompetent,
and the charge is a misdemeanor other than a targeted misdemeanor, the charge must be
dismissed.

(b) In targeted misdemeanor and gross misdemeanor cases, the charges must be dismissed
30 days after the date of the finding of incompetence, unless the prosecutor, before the
expiration of the 30-day period, files a written notice of intent to prosecute when the
defendant attains competency. If a notice has been filed and the charge is a targeted
misdemeanor, charges must be dismissed within one year after the finding of incompetency.
If a notice has been filed and the charge is a gross misdemeanor, charges must be dismissed
within two years after the finding of incompetency.

(c) In felony cases, except as provided in paragraph (d), the charges must be dismissed
three years after the date of the finding of incompetency, unless the prosecutor, before the
expiration of the three-year period, files a written notice of intent to prosecute when the
defendant attains competency. If a notice has been filed, charges must be dismissed within
five years after the finding of incompetency or ten years if the maximum sentence for the
crime with which the defendant is charged is ten years or more.

(d) The requirement that felony charges be dismissed under paragraph (c) does not apply
if:

(1) the court orders continuing supervision new text begin or monitoring new text end pursuant to section 611.49; or

(2) the defendant is charged with a violation of sections 609.2112 (criminal vehicular
homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child);
609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn
child in the second degree); 609.2663 (murder of an unborn child in the third degree);
609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter
of an unborn child in the second degree); or a crime of violence as defined in section 624.712,
subdivision 5, except for a violation of chapter 152.

(e) Nothing in this subdivision requires dismissal of any charge if the court finds the
defendant competent and enters an order directing that the criminal proceedings shall resume.

Sec. 15.

Minnesota Statutes 2024, section 611.46, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Supervision deleted text end new text begin Forensic navigator monitoring new text end .

(a) Upon a finding of
incompetency, if the defendant is entitled to release, the court must determine whether the
defendant requires pretrial supervision. The court must weigh public safety risks against
the defendant's interests in remaining free from supervision while presumed innocent in the
criminal proceedings. The court may use a validated and equitable risk assessment tool to
determine whether supervision is necessary.

(b) If the court determines that the defendant requires pretrial supervision, the court deleted text begin shall deleted text end new text begin
may new text end direct the forensic navigator to deleted text begin conduct pretrial supervision and report violations to
the court. The forensic navigator shall be responsible for the supervision of the defendant
until ordered otherwise by the court. deleted text end new text begin monitor the defendant's compliance or noncompliance
with the conditions of release as provided in section 611.55, subdivision 3, paragraph (c).
A forensic navigator may not conduct searches, seize property or persons, or issue sanctions.
new text end

(c) Upon application by the prosecutor, forensic navigator, other entity or its designee
assigned to supervise the defendant, or court services alleging that the defendant violated
a condition of release and is a risk to public safety, the court shall follow the procedures
under Rules of Criminal Procedure, rule 6. Any hearing on the alleged violation of release
conditions shall be held no more than 15 days after the date of issuance of a summons or
within 72 hours if the defendant is apprehended on a warrant.

(d) If the court finds a violation, the court may revise the conditions of release and bail
as appropriate pursuant to Minnesota Rules of Criminal Procedure and must consider the
defendant's need for ongoing access to a competency attainment program or alternative
program under this section.

(e) The court must review conditions of release and bail on request of any party and may
amend the conditions of release or make any other reasonable order upon receipt of
information that the pretrial detention of a defendant has interfered with the defendant
attaining competency.

Sec. 16.

Minnesota Statutes 2024, section 611.49, subdivision 2, is amended to read:

Subd. 2.

Procedure.

(a) If the court finds that there is a substantial probability that the
defendant will attain competency within the reasonably foreseeable future, the court shall
find the defendant incompetent and proceed under section 611.46.

(b) If the court finds that there is not a substantial probability the defendant will attain
competency within the reasonably foreseeable future, the court may not order the defendant
to participate in or continue to participate in a competency attainment program in a locked
treatment facility. The court must release the defendant from any custody holds pertaining
to the underlying criminal case and require the forensic navigator to develop a bridge plan.

(c) If the court finds that there is not a substantial probability the defendant will attain
competency within the foreseeable future, the court may issue an order to the designated
agency in the county of financial responsibility or the county where the defendant is present
to conduct a prepetition screening pursuant to section 253B.07.

(d) If the court finds that there is not a substantial probability that the defendant will
attain competency within the foreseeable future, the court must dismiss the case unless:

(1) the person is charged with a violation of section 609.2112 (criminal vehicular
homicide); 609.2114, subdivision 1 (criminal vehicular operation, death to an unborn child);
609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn
child in the second degree); 609.2663 (murder of an unborn child in the third degree);
609.2664 (manslaughter of an unborn child in the first degree); or 609.2665 (manslaughter
of an unborn child in the second degree); or a crime of violence as defined in section 624.712,
subdivision 5, except for a violation of chapter 152; or

(2) there is a showing of a danger to public safety if the matter is dismissed.

(e) If the court does not dismiss the charges, the court must order continued supervision new text begin
or monitoring new text end under subdivision 3.

Sec. 17.

Minnesota Statutes 2024, section 611.49, subdivision 3, is amended to read:

Subd. 3.

Continued supervision new text begin or monitoring new text end .

(a) If the court orders the continued
supervision new text begin or monitoring new text end of a defendant, any party may request a hearing on the issue of
continued supervision new text begin or monitoring new text end by filing a notice no more than ten days after the order
for continued supervision new text begin or monitoring new text end .

(b) When continued supervision is ordered, the court must identify the deleted text begin supervisory deleted text end
agency responsible for the supervision of the defendant deleted text begin and may identify a forensic navigator
as the responsible entity deleted text end . new text begin Alternatively, the court may direct the forensic navigator to monitor
the defendant's compliance or noncompliance with the conditions of release as provided in
section 611.55, subdivision 3, paragraph (c). A forensic navigator may not conduct searches,
seize property or persons, or issue sanctions.
new text end

(c) Notwithstanding the reporting requirements of section 611.46, subdivision 6, the
court examiner must provide an updated report to the court one year after the initial order
for continued supervision new text begin or monitoring new text end as to the defendant's competency and a description
of the efforts made to assist the defendant in attaining competency. The court shall hold a
review hearing within 30 days of receipt of the report.

(d) If continued supervision new text begin or monitoring new text end is ordered at the review hearing under
paragraph (c), the court must set a date for a review hearing no later than two years after
the most recent order for continuing supervision new text begin or monitoring new text end . The court must order review
of the defendant's status, including an updated competency examination and report by the
court examiner. The court examiner must submit the updated report to the court. At the
review hearing, the court must determine if the defendant has attained competency, whether
there is a substantial probability that the defendant will attain competency within the
foreseeable future, and whether the absence of continuing supervision new text begin or monitoring new text end of the
defendant is a danger to public safety. Notwithstanding subdivision 2, paragraph (d), the
court may hear any motions to dismiss pursuant to the interest of justice at the review
hearing.

(e) Continued supervision new text begin or monitoring new text end of a defendant in cases where the most serious
charge is a targeted misdemeanor or gross misdemeanor is subject to the limitations
established in section 611.45, subdivision 3, paragraph (b).

(f) The court may not order continued supervision new text begin or monitoring new text end of a defendant charged
with a felony for more than ten years unless the defendant is charged with a violation of
section 609.2112 (criminal vehicular homicide); 609.2114, subdivision 1 (criminal vehicular
operation, death to an unborn child); 609.2661 (murder of an unborn child in the first degree);
609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn
child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree);
or 609.2665 (manslaughter of an unborn child in the second degree); or a crime of violence
as defined in section 624.712, subdivision 5, except for a violation of chapter 152.

(g) At any time, the head of the program may discharge the defendant from the program
or facility. The head of the program must notify the court, prosecutor, defense counsel,
forensic navigator, and any entity responsible for the supervision of the defendant prior to
any planned discharge. Absent emergency circumstances, this notification shall be made
five days prior to the discharge. If the defendant is discharged from the program or facility
under emergency circumstances, notification of emergency discharge shall include a
description of the emergency circumstances and may include a request for emergency
transportation. The court shall make a determination on a request for emergency
transportation within 24 hours. Nothing in this section prohibits a law enforcement agency
from transporting a defendant pursuant to any other authority.

(h) The court may provide, partner, or contract for pretrial supervision services or
continued supervision if the defendant is found incompetent and unlikely to attain competency
in the foreseeable future.

Sec. 18.

Minnesota Statutes 2024, section 611.55, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) Forensic navigators shall assist and deleted text begin supervise deleted text end new text begin monitor new text end defendants
when appointed to do so by a court. Forensic navigators shall be impartial in all legal matters
relating to the criminal case. Nothing shall be construed to permit the forensic navigator to
provide legal counsel as a representative of the court, prosecutor, or defense counsel.

(b) Forensic navigators shall provide services to assist defendants with mental illnesses
and cognitive impairments. Services may include, but are not limited to:

(1) developing bridge plans;

(2) assisting defendants in participating in court-ordered examinations and hearings;

(3) coordinating timely placement in court-ordered competency attainment programs;

(4) providing competency attainment education;

(5) reporting to the court on the progress of defendants found incompetent to stand trial;

(6) providing coordinating services to help defendants access mental health services,
medical care, stable housing and housing assistance, financial assistance, social services,
transportation, precharge and pretrial diversion, and other necessary services provided by
other programs and community service providers;

(7) communicating with and offering supportive resources to defendants and family
members of defendants; and

(8) providing consultation and education to court officials on emerging issues and
innovations in serving defendants with mental illnesses in the court system.

(c) When ordered to deleted text begin supervise a defendant, a forensic navigator shall report to the court
on deleted text end new text begin monitor new text end a defendant's compliance or noncompliance with conditions of deleted text begin pretrial supervision
and any order of the court deleted text end new text begin release under section 611.46, subdivision 2, paragraph (b), the
forensic navigator shall provide updates to the court on a regular basis or when requested
by the court or either party new text end .

(d) If a defendant's charges are dismissed, the appointed forensic navigator may continue
assertive outreach with the individual for up to 90 days to assist in attaining stability in the
community.

Sec. 19.

Minnesota Statutes 2024, section 611.56, subdivision 1, is amended to read:

Subdivision 1.

Establishment; membership.

(a) The Minnesota Competency Attainment
Board is established in the judicial branch. The board is not subject to the administrative
control of the judiciary. The board shall consist of seven members, including:

(1) three members appointed by the supreme court, at least one of whom must be a
defense attorney, one a county attorney, and one public member; and

(2) four members appointed by the governor, at least one of whom must be a mental
health professional with experience in competency attainment.

(b) The appointing authorities may not appoint an active judge to be a member of the
board, but may appoint a retired judge.

(c) All members must demonstrate an interest in maintaining a high quality, independent
forensic navigator program and a thorough process for certification of competency attainment
programs. Members shall be familiar with the Minnesota Rules of Criminal Procedure,
particularly rule 20; chapter 253B; and sections 611.40 to 611.59. deleted text begin Following the initial
terms of appointment, at least one member appointed by the supreme court must have
previous experience working as a forensic navigator. deleted text end At least three members of the board
shall live outside the First, Second, Fourth, and Tenth Judicial Districts. The terms,
compensation, and removal of members shall be as provided in section 15.0575. The members
shall elect the chair from among the membership for a term of two years.

Sec. 20.

Minnesota Statutes 2024, section 611.59, subdivision 1, is amended to read:

Subdivision 1.

Availability and certification.

The board deleted text begin must deleted text end new text begin will use available resources
to new text end provide deleted text begin or contract for enough deleted text end competency attainment services to meet the needs of adult
defendants in each judicial district who are found incompetent to proceed and do not have
access to competency attainment services as a part of any other programming in which they
are ordered to participate. The board, in consultation with the Certification Advisory
Committee, shall develop procedures to certify that the standards in this section are met,
including procedures for regular recertification of competency attainment programs. The
board shall maintain a list of programs it has certified on the board's website and shall update
the list of competency attainment programs at least once every year.

Sec. 21.

Minnesota Statutes 2024, section 611.59, subdivision 4, is amended to read:

Subd. 4.

Program evaluations.

(a) The deleted text begin board deleted text end new text begin state court administrator new text end shall deleted text begin collect deleted text end new text begin
prepare and make available to the board new text end the following data:

(1) the total number of competency examinations ordered in each judicial district
separated by county;

(2) the age, race, and number of unique defendants and for whom at least one competency
examination was ordered in each judicial district separated by county;

(3) the age, race, and number of unique defendants found incompetent at least once in
each judicial district separated by county; and

(4) all available data on the level of charge and adjudication of cases with a defendant
found incompetent deleted text begin and whether a forensic navigator was assigned to the case deleted text end .

(b) By February 15 of each year, the board must report to the legislative committees and
divisions with jurisdiction over human services, public safety, and the judiciary on the data
collected under this subdivision and may include recommendations for statutory or funding
changes related to competency attainment.

ARTICLE 3

REAL PROPERTY; FORECLOSURES

Section 1.

Minnesota Statutes 2024, section 580.07, subdivision 1, is amended to read:

Subdivision 1.

Postponement by mortgagee.

(a) The sale may be postponed, from time
to time, by the party conducting the foreclosure. The party requesting the postponement
must, at the party's expense:

(1) publish, only once, a notice of the postponement and the rescheduled date of the sale,
if known, as soon as practicable, in the newspaper in which the notice under section 580.03
was published; and

(2) send by first class mail to the occupant, postmarked within three business days of
the postponed sale, notice:

(i) of the postponement; and

(ii) if known, of the rescheduled date of the sale and the date on or before which the
mortgagor must vacate the property if the sheriff's sale is not further postponed, the mortgage
is not reinstated under section 580.30, the property is not redeemed under section 580.23,
or the redemption period is not reduced under section 582.032. The notice must state that
the time to vacate the property is 11:59 p.m. on the specified date.

(b) If the rescheduled date of the sale is not known at the time of the initial publication
and notice to the occupant of postponement, the foreclosing party must, at its expense if
and when a new date of sale is scheduled:

(1) publish, only once, notice of the rescheduled date of the sale, as soon as practicable,
in the newspaper in which the notice under section 580.03 and the notice of postponement
under paragraph (a) was published; and

(2) send by first class mail to the occupant, postmarked within ten days of the rescheduled
sale, notice:

(i) of the date of the rescheduled sale; and

(ii) of the date on or before which the mortgagor must vacate the property if the mortgage
is not reinstated under section 580.30 or the property redeemed under section 580.23. The
notice must state that the time to vacate the property is 11:59 p.m. on the specified date.

new text begin (c) The right of a mortgagee to postpone a foreclosure sale under this section applies to
a foreclosure by action taken under chapter 581.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, for judicial foreclosures
with the lis pendens recorded on or after the effective date.
new text end

Sec. 2.

Minnesota Statutes 2024, section 580.07, subdivision 2, is amended to read:

Subd. 2.

Postponement by mortgagor or owner.

(a) If all or a part of the property to
be sold is classified as homestead under section 273.124 and contains one to four dwelling
units, the mortgagor or owner may, in the manner provided in this subdivision, postpone
the sale to the first date that is not a Saturday, Sunday, or legal holiday and is:

(1) five months after the originally scheduled date of sale if the original redemption
period was six months under section 580.23, subdivision 1; or

(2) 11 months after the originally scheduled date of sale if the original redemption period
was 12 months under section 580.23, subdivision 2. To postpone a foreclosure sale pursuant
to this subdivision, at any time after the first publication of the notice of mortgage foreclosure
sale under section 580.03 but at least 15 days prior to the scheduled sale date specified in
that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set forth in
subdivision 3, (2) record the affidavit in the office of each county recorder and registrar of
titles where the mortgage was recorded, and (3) file with the sheriff conducting the sale and
deliver to the attorney foreclosing the mortgage a copy of the recorded affidavit, showing
the date and office in which the affidavit was recorded. Recording of the affidavit and
postponement of the foreclosure sale pursuant to this subdivision shall automatically reduce
the mortgagor's redemption period under section 580.23 to five weeks. The postponement
of a foreclosure sale pursuant to this subdivision does not require any change in the contents
of the notice of sale, service of the notice of sale if the occupant was served with the notice
of sale prior to postponement under this subdivision, or publication of the notice of sale if
publication was commenced prior to postponement under this subdivision, notwithstanding
the service and publication time periods specified in section 580.03, but the sheriff's
certificate of sale shall indicate the actual date of the foreclosure sale and the actual length
of the mortgagor's redemption period. No notice of postponement need be published. An
affidavit complying with subdivision 3 shall be prima facie evidence of the facts stated
therein, and shall be entitled to be recorded. The right to postpone a foreclosure sale pursuant
to this subdivision may be exercised only once, regardless whether the mortgagor reinstates
the mortgage prior to the postponed mortgage foreclosure sale.

(b) If the automatic stay under United States Code, title 11, section 362, applies to the
mortgage foreclosure after a mortgagor or owner requests postponement of the sheriff's sale
under this section, then when the automatic stay is no longer applicable, the mortgagor's or
owner's election to shorten the redemption period to five weeks under this section remains
applicable to the mortgage foreclosure.

(c) Except for the circumstances set forth in paragraph (b), this section does not reduce
the mortgagor's redemption period under section 580.23 for any subsequent foreclosure of
the mortgage.

new text begin (d) The right of a mortgagor or owner to postpone a foreclosure sale under this section
applies to a foreclosure by action taken under chapter 581.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, for judicial foreclosures
with the lis pendens recorded on or after the effective date.
new text end

Sec. 3.

Minnesota Statutes 2024, section 581.02, is amended to read:

581.02 APPLICATION, CERTAIN SECTIONS.

new text begin (a) new text end The provisions of sections 580.08, 580.09, 580.12, 580.22, 580.25, and 580.27, so
far as they relate to the form of the certificate of sale, shall apply to and govern the
foreclosure of mortgages by action.

new text begin (b) Section 580.07 applies to actions for the foreclosure of mortgages taken under this
chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, for judicial foreclosures
with the lis pendens recorded on or after the effective date.
new text end

ARTICLE 4

UNIFORM SPECIAL DEPOSITS ACT

Section 1.

new text begin [47.90] TITLE.
new text end

new text begin Sections 47.90 to 47.985 may be cited as the "Uniform Special Deposits Act."
new text end

Sec. 2.

new text begin [47.905] DEFINITIONS.
new text end

new text begin (a) For purposes of sections 47.90 to 47.985, the following terms have the meanings
given.
new text end

new text begin (b) "Account agreement" means an agreement that:
new text end

new text begin (1) is in a record between a bank and one or more depositors;
new text end

new text begin (2) may have one or more beneficiaries as additional parties; and
new text end

new text begin (3) states the intention of the parties to establish a special deposit governed by sections
47.90 to 47.985.
new text end

new text begin (c) "Bank" means a person engaged in the business of banking and includes a savings
bank; savings and loan association; credit union; trust company; and a baking institution,
as defined in section 48.01, subdivision 2. Each branch or separate office of a bank is a
separate bank for the purpose of sections 47.90 to 47.985.
new text end

new text begin (d) "Beneficiary" means a person that:
new text end

new text begin (1) is identified as a beneficiary in an account agreement; or
new text end

new text begin (2) if not identified as a beneficiary in an account agreement, may be entitled to payment
from a special deposit:
new text end

new text begin (i) under the account agreement; or
new text end

new text begin (ii) on termination of the special deposit.
new text end

new text begin (e) "Contingency" means an event or circumstance stated in an account agreement that
is not certain to occur but must occur before the bank is obligated to pay a beneficiary.
new text end

new text begin (f) "Creditor process" means attachment, garnishment, levy, notice of lien, sequestration,
or similar process issued by or on behalf of a creditor or other claimant.
new text end

new text begin (g) "Depositor" means a person that establishes or funds a special deposit.
new text end

new text begin (h) "Good faith" means honesty in fact and observance of reasonable commercial
standards of fair dealing.
new text end

new text begin (i) "Knowledge" of a fact means:
new text end

new text begin (1) with respect to a beneficiary, actual knowledge of the fact; or
new text end

new text begin (2) with respect to a bank holding a special deposit:
new text end

new text begin (i) if the bank:
new text end

new text begin (A) has established a reasonable routine for communicating material information to an
individual to whom the bank has assigned responsibility for the special deposit; and
new text end

new text begin (B) maintains reasonable compliance with the routine, actual knowledge of the fact by
that individual; or
new text end

new text begin (ii) if the bank has not established and maintained reasonable compliance with a routine
described in item (i) or otherwise exercised due diligence, implied knowledge of the fact
that would have come to the attention of an individual to whom the bank has assigned
responsibility for the special deposit.
new text end

new text begin (j) "Obligated to pay a beneficiary" means a beneficiary is entitled under the account
agreement to receive from the bank a payment when:
new text end

new text begin (1) a contingency has occurred; and
new text end

new text begin (2) the bank has knowledge the contingency has occurred.
new text end

new text begin "Obligation to pay a beneficiary" has a corresponding meaning.
new text end

new text begin (k) "Permissible purpose" means a governmental, regulatory, commercial, charitable,
or testamentary objective of the parties stated in an account agreement. Permissible purpose
includes an objective to:
new text end

new text begin (1) hold funds:
new text end

new text begin (i) in escrow, including for a purchase and sale, lease, buyback, or other transaction;
new text end

new text begin (ii) as a security deposit of a tenant;
new text end

new text begin (iii) that may be distributed to a person as remuneration, retirement or other benefit, or
compensation under a judgment, consent decree, court order, or other decision of a tribunal;
or
new text end

new text begin (iv) for distribution to a defined class of persons after identification of the class members
and their interest in the funds;
new text end

new text begin (2) provide assurance with respect to an obligation created by contract, such as earnest
money to ensure a transaction closes;
new text end

new text begin (3) settle an obligation that arises in the operation of a payment system, securities
settlement system, or other financial market infrastructure;
new text end

new text begin (4) provide assurance with respect to an obligation that arises in the operation of a
payment system, securities settlement system, or other financial market infrastructure; or
new text end

new text begin (5) hold margin, other cash collateral, or funds that support the orderly functioning of
financial market infrastructure or the performance of an obligation with respect to the
infrastructure.
new text end

new text begin (l) "Person" means an individual; estate; business or nonprofit entity; government or
governmental subdivision, agency, or instrumentality; or other legal entity. Person includes
a protected series, however denominated, of an entity if the protected series is established
under law that limits, or limits if conditions specified under law are satisfied, the ability of
a creditor of the entity or of any other protected series of the entity to satisfy a claim from
assets of the protected series.
new text end

new text begin (m) "Record" means information:
new text end

new text begin (1) inscribed on a tangible medium; or
new text end

new text begin (2) stored in an electronic or other medium and retrievable in perceivable form.
new text end

new text begin (n) "Special deposit" means a deposit that satisfies section 47.92.
new text end

new text begin (o) "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any other territory or possession subject to the jurisdiction
of the United States. State includes an agency or instrumentality of the state.
new text end

Sec. 3.

new text begin [47.91] SCOPE; CHOICE OF LAW; FORUM.
new text end

new text begin (a) Sections 47.90 to 47.985 apply to a special deposit under an account agreement that
states the intention of the parties to establish a special deposit governed by sections 47.90
to 47.985, regardless of whether a party to the account agreement or a transaction related
to the special deposit, or the special deposit itself, has a reasonable relation to this state.
new text end

new text begin (b) The parties to an account agreement may choose a forum in this state for settling a
dispute arising out of the special deposit, regardless of whether a party to the account
agreement or a transaction related to the special deposit, or the special deposit itself, has a
reasonable relation to this state.
new text end

new text begin (c) Sections 47.90 to 47.985 do not affect:
new text end

new text begin (1) a right or obligation relating to a deposit other than a special deposit under sections
47.90 to 47.985; or
new text end

new text begin (2) the voidability of a deposit or transfer that is fraudulent or voidable under other law.
new text end

Sec. 4.

new text begin [47.915] VARIATION BY AGREEMENT OF AMENDMENT.
new text end

new text begin (a) The effect of sections 47.905 to 47.925, 47.935 to 47.96, and 47.975 may not be
varied by agreement, except as provided in those sections. Subject to paragraph (b), the
effect of sections 47.93, 47.965, and 47.97 may be varied by agreement.
new text end

new text begin (b) A provision in an account agreement or other record that substantially excuses liability
or substantially limits remedies for failure to perform an obligation under sections 47.90 to
47.985 is not sufficient to vary the effect of a provision of sections 47.90 to 47.985.
new text end

new text begin (c) If a beneficiary is a party to an account agreement, the bank and the depositor may
amend the agreement without the consent of the beneficiary only if the agreement expressly
permits the amendment.
new text end

new text begin (d) If a beneficiary is not a party to an account agreement and the bank and the depositor
know the beneficiary has knowledge of the agreement's terms, the bank and the depositor
may amend the agreement without the consent of the beneficiary only if the amendment
does not adversely and materially affect a payment right of the beneficiary.
new text end

new text begin (e) If a beneficiary is not a party to an account agreement and the bank and the depositor
do not know whether the beneficiary has knowledge of the agreement's terms, the bank and
the depositor may amend the agreement without the consent of the beneficiary only if the
amendment is made in good faith.
new text end

Sec. 5.

new text begin [47.92] REQUIREMENTS OF SPECIAL DEPOSIT.
new text end

new text begin A deposit is a special deposit if it is:
new text end

new text begin (1) a deposit of funds in a bank under an account agreement;
new text end

new text begin (2) for the benefit of at least two beneficiaries, one or more of which may be a depositor;
new text end

new text begin (3) denominated in a medium of exchange that is currently authorized or adopted by a
domestic or foreign government;
new text end

new text begin (4) for a permissible purpose stated in the account agreement; and
new text end

new text begin (5) subject to a contingency.
new text end

Sec. 6.

new text begin [47.925] PERMISSIBLE PURPOSE.
new text end

new text begin (a) A special deposit must serve at least one permissible purpose stated in the account
agreement from the time the special deposit is created in the account agreement until
termination of the special deposit.
new text end

new text begin (b) If, before termination of the special deposit, the bank or a court determines the special
deposit no longer satisfies paragraph (a), sections 47.935 to 47.96 cease to apply to any
funds deposited in the special deposit after the special deposit ceases to satisfy paragraph
(a).
new text end

new text begin (c) If, before termination of a special deposit, the bank determines the special deposit
no longer satisfies paragraph (a), the bank may take action it believes is necessary under
the circumstances, including terminating the special deposit.
new text end

Sec. 7.

new text begin [47.93] PAYMENT TO BENEFICIARY BY BANK.
new text end

new text begin (a) Unless the account agreement provides otherwise, the bank is obligated to pay a
beneficiary if there are sufficient actually and finally collected funds in the balance of the
special deposit.
new text end

new text begin (b) Except as provided in paragraph (c), the obligation to pay the beneficiary is excused
if the funds available in the special deposit are insufficient to cover such payment.
new text end

new text begin (c) Unless the account agreement provides otherwise, if the funds available in the special
deposit are insufficient to cover an obligation to pay a beneficiary, a beneficiary may elect
to be paid the funds that are available or, if there is more than one beneficiary, a pro rata
share of the funds available. Payment to the beneficiary making the election under this
paragraph discharges the bank's obligation to pay a beneficiary and does not constitute an
accord and satisfaction with respect to another person obligated to the beneficiary.
new text end

new text begin (d) Unless the account agreement provides otherwise, the obligation of the bank obligated
to pay a beneficiary is immediately due and payable.
new text end

new text begin (e) The bank may discharge its obligation under this section by:
new text end

new text begin (1) crediting another transaction account of the beneficiary; or
new text end

new text begin (2) taking other action that:
new text end

new text begin (i) is permitted under the account agreement for the bank to obtain a discharge; or
new text end

new text begin (ii) otherwise would constitute a discharge under law.
new text end

new text begin (f) If the bank obligated to pay a beneficiary has incurred an obligation to discharge the
obligation of another person, the obligation of the other person is discharged if action by
the bank under paragraph (e) would constitute a discharge of the obligation of the other
person under law that determines whether an obligation is satisfied.
new text end

Sec. 8.

new text begin [47.935] PROPERTY INTEREST OF DEPOSITOR OR BENEFICIARY.
new text end

new text begin (a) Neither a depositor nor a beneficiary has a property interest in a special deposit.
new text end

new text begin (b) Any property interest with respect to a special deposit is only in the right to receive
payment if the bank is obligated to pay a beneficiary and not in the special deposit itself.
Any property interest under this paragraph is determined under other law.
new text end

Sec. 9.

new text begin [47.94] WHEN CREDITOR PROCESS ENFORCEABLE AGAINST BANK.
new text end

new text begin (a) Subject to paragraph (b), creditor process with respect to a special deposit is not
enforceable against the bank holding the special deposit.
new text end

new text begin (b) Creditor process is enforceable against the bank holding a special deposit with respect
to an amount the bank is obligated to pay a beneficiary or a depositor if the process:
new text end

new text begin (1) is served on the bank;
new text end

new text begin (2) provides sufficient information to permit the bank to identify the depositor or the
beneficiary from the bank's books and records; and
new text end

new text begin (3) gives the bank a reasonable opportunity to act on the process.
new text end

new text begin (c) Creditor process served on a bank before it is enforceable against the bank under
paragraph (b) does not create a right of the creditor against the bank or a duty of the bank
to the creditor. Other law determines whether creditor process creates a lien enforceable
against the beneficiary on a contingent interest of a beneficiary, including a depositor as a
beneficiary, even if not enforceable against the bank.
new text end

Sec. 10.

new text begin [47.945] INJUNCTION OR SIMILAR RELIEF.
new text end

new text begin A court may enjoin, or grant similar relief that would have the effect of enjoining, a
bank from paying a depositor or beneficiary only if payment would constitute a material
fraud or facilitate a material fraud with respect to a special deposit.
new text end

Sec. 11.

new text begin [47.96] RECOUPMENT OR SET OFF.
new text end

new text begin (a) Except as provided in paragraph (b) or (c), a bank may not exercise a right of
recoupment or set off against a special deposit.
new text end

new text begin (b) An account agreement may authorize the bank to debit the special deposit:
new text end

new text begin (1) when the bank becomes obligated to pay a beneficiary, in an amount that does not
exceed the amount necessary to discharge the obligation;
new text end

new text begin (2) for a fee assessed by the bank that relates to an overdraft in the special deposit
account;
new text end

new text begin (3) for costs incurred by the bank that relate directly to the special deposit; or
new text end

new text begin (4) to reverse an earlier credit posted by the bank to the balance of the special deposit
account, if the reversal occurs under an event or circumstance warranted under other law
of this state governing mistake and restitution.
new text end

new text begin (c) The bank holding a special deposit may exercise a right of recoupment or set off
against an obligation to pay a beneficiary, even if the bank funds payment from the special
deposit.
new text end

Sec. 12.

new text begin [47.965] DUTIES AND LIABILITY OF BANK.
new text end

new text begin (a) A bank does not have a fiduciary duty to any person with respect to a special deposit.
new text end

new text begin (b) When the bank holding a special deposit becomes obligated to pay a beneficiary, a
debtor-creditor relationship arises between the bank and beneficiary.
new text end

new text begin (c) The bank holding a special deposit has a duty to a beneficiary to comply with the
account agreement and sections 47.90 to 47.985.
new text end

new text begin (d) If the bank holding a special deposit does not comply with the account agreement
or sections 47.90 to 47.985, the bank is liable to a depositor or beneficiary only for damages
proximately caused by the noncompliance. Except as provided by other law of this state,
the bank is not liable for consequential, special, or punitive damages.
new text end

new text begin (e) The bank holding a special deposit may rely on records presented in compliance with
the account agreement to determine whether the bank is obligated to pay a beneficiary.
new text end

new text begin (f) If the account agreement requires payment on presentation of a record, the bank shall
determine within a reasonable time whether the record is sufficient to require payment. If
the agreement requires action by the bank on presentation of a record, the bank is not liable
for relying in good faith on the genuineness of the record if the record appears on its face
to be genuine.
new text end

new text begin (g) Unless the account agreement provides otherwise, the bank is not required to
determine whether a permissible purpose stated in the agreement continues to exist.
new text end

Sec. 13.

new text begin [47.97] TERM AND TERMINATION.
new text end

new text begin (a) Unless otherwise provided in the account agreement, a special deposit terminates
five years after the date the special deposit was first funded.
new text end

new text begin (b) Unless otherwise provided in the account agreement, if the bank cannot identify or
locate a beneficiary entitled to payment when the special deposit is terminated, and a balance
remains in the special deposit, the bank shall pay the balance to the depositor or depositors
as a beneficiary or beneficiaries.
new text end

new text begin (c) A bank that pays the remaining balance as provided under paragraph (b) has no
further obligation with respect to the special deposit.
new text end

Sec. 14.

new text begin [47.985] TRANSITIONAL PROVISION.
new text end

new text begin Sections 47.90 to 47.985 apply to:
new text end

new text begin (1) a special deposit made under an account agreement executed on or after August 1,
2025; and
new text end

new text begin (2) a deposit made under an agreement executed before August 1, 2025, if:
new text end

new text begin (i) all parties entitled to amend the agreement agree to make the deposit a special deposit
governed by sections 47.90 to 47.985; and
new text end

new text begin (ii) the special deposit referenced in the amended agreement satisfies section 47.92.
new text end

ARTICLE 5

GOVERNMENT DATA PRACTICES

Section 1.

Minnesota Statutes 2024, section 13.03, subdivision 3, is amended to read:

Subd. 3.

Request for access to data.

(a) Upon request to a responsible authority or
designee, a person shall be permitted to inspect and copy public government data at
reasonable times and places, and, upon request, shall be informed of the data's meaning. If
a person requests access for the purpose of inspection, the responsible authority may not
assess a charge or require the requesting person to pay a fee to inspect data.

(b) For purposes of this section, "inspection" includes, but is not limited to, the visual
inspection of paper and similar types of government data. Inspection does not include
printing copies by the government entity, unless printing a copy is the only method to provide
for inspection of the data. In the case of data stored in electronic form and made available
in electronic form on a remote access basis to the public by the government entity, inspection
includes remote access to the data by the public and the ability to print copies of or download
the data on the public's own computer equipment. Nothing in this section prohibits a
government entity from charging a reasonable fee for remote access to data under a specific
statutory grant of authority. A government entity may charge a fee for remote access to data
where either the data or the access is enhanced at the request of the person seeking access.

(c) The responsible authority or designee shall provide copies of public data upon request.
If a person requests copies or electronic transmittal of the data to the person, the responsible
authority may require the requesting person to pay the actual costs of searching for and
retrieving government data, including the cost of employee time, and for making, certifying,
and electronically transmitting the copies of the data or the data, but may not charge for
separating public from not public data. However, if 100 or fewer pages of black and white,
letter or legal size paper copies are requested, actual costs shall not be used, and instead,
the responsible authority may charge no more than 25 cents for each page copied. If the
responsible authority or designee is not able to provide copies at the time a request is made,
copies shall be supplied as soon as reasonably possible.

(d) When a request under this subdivision involves any person's receipt of copies of
public government data that has commercial value and is a substantial and discrete portion
of or an entire formula, pattern, compilation, program, device, method, technique, process,
database, or system developed with a significant expenditure of public funds by the
government entity, the responsible authority may charge a reasonable fee for the information
in addition to the costs of making and certifying the copies. Any fee charged must be clearly
demonstrated by the government entity to relate to the actual development costs of the
information. The responsible authority, upon the request of any person, shall provide
sufficient documentation to explain and justify the fee being charged.

(e) The responsible authority of a government entity that maintains public government
data in a computer storage medium shall provide to any person making a request under this
section a copy of any public data contained in that medium, in electronic form, if the
government entity can reasonably make the copy or have a copy made. This does not require
a government entity to provide the data in an electronic format or program that is different
from the format or program in which the data are maintained by the government entity. The
entity may require the requesting person to pay the actual cost of providing the copy.

(f) If the responsible authority or designee determines that the requested data is classified
so as to deny the requesting person access, the responsible authority or designee shall inform
the requesting person of the determination either orally at the time of the request, or in
writing as soon after that time as possible, and shall cite the specific statutory section,
temporary classification, or specific provision of federal law on which the determination is
based. Upon the request of any person denied access to data, the responsible authority or
designee shall certify in writing that the request has been denied and cite the specific statutory
section, temporary classification, or specific provision of federal law upon which the denial
was based.

new text begin (g) If a responsible authority has notified the requesting person that responsive data or
copies are available for inspection or collection, and the requesting person does not inspect
the data or collect the copies within five business days of the notification, the responsible
authority may suspend any further response to the request until the requesting person inspects
the data that has been made available, or collects and pays for the copies that have been
produced.
new text end

Sec. 2.

Minnesota Statutes 2024, section 13.32, subdivision 2, is amended to read:

Subd. 2.

Student health and census data deleted text begin ; data on parents deleted text end .

(a) Health data concerning
students, including but not limited to, data concerning immunizations, notations of special
physical or mental problems and records of school nurses are educational data. Access by
parents to student health data shall be pursuant to section 13.02, subdivision 8.

(b) Pupil census data, including emergency information and family information are
educational data.

deleted text begin (c) Data concerning parents are private data on individuals but may be treated as directory
information if the same procedures that are used by a school district to designate student
data as directory information under subdivision 5 are followed.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Beginning upon the effective date of this section, a parent's personal contact information
subject to this section must be treated by an educational agency or institution as private data
on individuals regardless of whether that contact information was previously designated as
or treated as directory information under Minnesota Statutes, section 13.32, subdivision 2.
new text end

Sec. 3.

Minnesota Statutes 2024, section 13.32, subdivision 5, is amended to read:

Subd. 5.

Directory information new text begin ; data on parents new text end .

(a) Educational data designated as
directory information is public data on individuals to the extent required under federal law.
Directory information must be designated pursuant to the provisions of:

(1) this subdivision; and

(2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title
34, section 99.37, which were in effect on January 3, 2012.

(b) When conducting the directory information designation and notice process required
by federal law, an educational agency or institution shall give parents and students notice
of the right to refuse to let the agency or institution designate specified data about the student
as directory information. This notice may be given by any means reasonably likely to inform
the parents and students of the right.

(c) An educational agency or institution may not designate a student's new text begin or parent's new text end home
address, telephone number, email address, or other personal contact information as directory
information under this subdivision. This paragraph does not apply to a postsecondary
institution.

(d) When requested, educational agencies or institutions must share personal student new text begin or
parent new text end contact information and directory information, whether public or private, with the
Minnesota Department of Education, as required for federal reporting purposes.

(e) When requested, educational agencies or institutions may share personal student new text begin or
parent new text end contact information and directory information for students served in special education
with postsecondary transition planning and services under section 125A.08, paragraph (b),
clause (1), whether public or private, with the Department of Employment and Economic
Development, as required for coordination of services to students with disabilities under
sections 125A.08, paragraph (b), clause (1); 125A.023; and 125A.027.

new text begin (f) Data concerning parents is private data on individuals but may be treated as directory
information if the same procedures that are used by a school district to designate student
data as directory information under this subdivision are followed, except that a parent's
home address, telephone number, email address, or other personal contact information may
not be treated as directory information under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
Beginning upon the effective date of this section, a parent's personal contact information
subject to this section must be treated by an educational agency or institution as private data
on individuals regardless of whether that contact information was previously designated as
or treated as directory information under Minnesota Statutes, section 13.32, subdivision 2.
new text end

Sec. 4.

Minnesota Statutes 2024, section 13.43, subdivision 2, is amended to read:

Subd. 2.

Public data.

(a) Except for employees described in subdivision 5 and subject
to the limitations described in subdivision 5a, the following personnel data on current and
former employees, volunteers, and independent contractors of a government entity is public:

(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; terms and conditions of employment
relationship; contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;

(2) job title and bargaining unit; job description; education and training background;
and previous work experience;

(3) date of first and last employment;

(4) the existence and status of any complaints or charges against the employee, regardless
of whether the complaint or charge resulted in a disciplinary action;

(5) the final disposition of any disciplinary action together with the specific reasons for
the action and data documenting the basis of the action, excluding data that would identify
confidential sources who are employees of the public body;

(6) the complete terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
paragraph (a); except that the agreement must include specific reasons for the agreement if
it involves the payment of more than $10,000 of public money;

(7) work location; a work telephone number; badge number; work-related continuing
education; and honors and awards received; and

(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave or other
not public data.

(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity, or
arbitrator. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or
upon the failure of the employee to elect arbitration within the time provided by the collective
bargaining agreement. A disciplinary action does not become public data if an arbitrator
sustains a grievance and reverses all aspects of any disciplinary action.

(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a government
entity in connection with a complaint or charge against an employee.

(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
completion of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access to the data
would jeopardize an active investigation or reveal confidential sources. For purposes of this
paragraph, "public official" means:

(1) the head of a state agency and deputy and assistant state agency heads;

(2) members of boards or commissions required by law to be appointed by the governor
or other elective officers;

new text begin (3) members of the Metropolitan Council appointed by the governor under section
473.123, subdivision 3;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end executive or administrative heads of departments, bureaus, divisions, or institutions
within state government; and

deleted text begin (4) deleted text end new text begin (5) new text end the following employees:

(i) the chief administrative officer, or the individual acting in an equivalent position, in
all political subdivisions;

(ii) individuals required to be identified by a political subdivision pursuant to section
471.701;

(iii) in a city with a population of more than 7,500 or a county with a population of more
than 5,000: managers; chiefs; heads or directors of departments, divisions, bureaus, or
boards; and any equivalent position; deleted text begin and
deleted text end

(iv) in a school district: business managers; human resource directors; athletic directors
whose duties include at least 50 percent of their time spent in administration, personnel,
supervision, and evaluation; chief financial officers; directors; individuals defined as
superintendents and principals under Minnesota Rules, part 3512.0100; and in a charter
school, individuals employed in comparable positions deleted text begin . deleted text end new text begin ; and
new text end

new text begin (v) in the Metropolitan Council, a public corporation and political subdivision of the
state established under chapter 473: the chair of the Metropolitan Council appointed by the
governor; the regional administrator appointed as the principal administrative officer by the
Metropolitan Council under section 473.125; the deputy regional administrator; the general
counsel appointed by the Metropolitan Council under section 473.123, subdivision 8; the
executive heads of divisions, including the general managers and executive directors; the
executive head responsible for compliance with Equal Employment Opportunity provisions
of federal law; and the chief law enforcement officer of the Metropolitan Transit Police
appointed by the regional administrator under section 473.407, subdivision 4.
new text end

(f) Data relating to a complaint or charge against an employee identified under paragraph
(e), clause deleted text begin (4) deleted text end new text begin (5) new text end , are public only if:

(1) the complaint or charge results in disciplinary action or the employee resigns or is
terminated from employment while the complaint or charge is pending; or

(2) potential legal claims arising out of the conduct that is the subject of the complaint
or charge are released as part of a settlement agreement.

This paragraph and paragraph (e) do not authorize the release of data that are made not
public under other law.

Sec. 5.

Minnesota Statutes 2024, section 13.991, is amended to read:

13.991 JUDICIAL OFFICIAL DATA; PERSONAL INFORMATION.

(a) Subject to paragraph (b), the personal information of all judicial officials collected,
created, or maintained by a government entity is private data on individuals. For purposes
of this section, the terms "personal information" and "judicial official" have the meanings
given in section 480.40, subdivision 1.

(b) If the responsible authority or government entity violates this chapter, the remedies
and penalties under this chapter are available only if the judicial official making a claim
previously provided written notification to the responsible authority confirming on a form
provided by the Minnesota judicial branch that they are entitled to protection under section
480.40. If the subject of the data is an adult child of a judicial official who does not reside
with the judicial official, the remedies and penalties under this chapter are available only
if the adult child previously provided written notification to the responsible authority
confirming their status as the child of a judicial official. In the case of county records, the
form shall be filed with the responsible authority that maintains the personal information
for which the judicial officer is seeking protection. A form submitted under this section is
private data on individuals. A notice filed under this paragraph expires five years following
the date of filing, unless it is renewed prior to the expiration date.

(c) deleted text begin This section shall not apply to deleted text end new text begin Notwithstanding paragraph (a), section 480.50 shall
govern new text end personal information deleted text begin contained in: deleted text end new text begin of all judicial officials contained in real property
records, as defined in section 480.50, subdivision 1, paragraph (f).
new text end

deleted text begin (1) real property records as defined in section deleted text end deleted text begin 13.045, subdivision 1 deleted text end deleted text begin , clause (5);
deleted text end

deleted text begin (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
deleted text end deleted text begin and
deleted text end

deleted text begin (3) any other records maintained by a deleted text end deleted text begin government entity deleted text end deleted text begin evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 6.

Minnesota Statutes 2024, section 144E.123, subdivision 3, is amended to read:

Subd. 3.

Review.

Prehospital care data may be reviewed by the director or its designees.
The data shall be classified as private data on individuals under chapter 13, the Minnesota
Government Data Practices Act. new text begin The director may share with the Washington/Baltimore
High Intensity Drug Trafficking Area's Overdose Detection Mapping Application Program
(ODMAP), data that identifies where and when an overdose incident happens, fatality status,
suspected drug type, naloxone administration, and first responder type. ODMAP may:
new text end

new text begin (1) allow secure access to the system by authorized users to report information about an
overdose incident;
new text end

new text begin (2) allow secure access to the system by authorized users to view, in near real-time,
information about overdose incidents reported;
new text end

new text begin (3) produce a map in near real-time of the approximate locations of confirmed or
suspected overdose incidents reported; and
new text end

new text begin (4) enable access to overdose incident information that assists in state and local decisions
regarding the allocation of public health, public safety, and educational resources for the
purposes of monitoring and reporting data related to suspected overdoses.
new text end

Sec. 7.

Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section and section 480.45, the
following terms have the meanings given.

(b) "Judicial official" means:

(1) every Minnesota district court judge, senior judge, retired judge, and every judge of
the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
who resides in Minnesota;

(2) a justice of the Minnesota Supreme Court;

(3) employees of the Minnesota judicial branch;

(4) judicial referees and magistrate judges; and

(5) current and retired judges and current employees of the Office of Administrative
Hearings, Workers' Compensation Court of Appeals, and Tax Court.

(c) "Personal information" does not include publicly available information. Personal
information means:

(1) a residential address of a judicial official;

(2) a residential address of the spouse, domestic partner, or children of a judicial official;

(3) a nonjudicial branch issued telephone number or email address of a judicial official;

(4) the name of any child of a judicial official; and

(5) the name of any child care facility or school that is attended by a child of a judicial
official if combined with an assertion that the named facility or school is attended by the
child of a judicial official.

(d) "Publicly available information" means information that is lawfully made available
through federal, state, or local government records or information that a business has a
reasonable basis to believe is lawfully made available to the general public through widely
distributed media, by a judicial official, or by a person to whom the judicial official has
disclosed the information, unless the judicial official has restricted the information to a
specific audience.

(e) "Law enforcement support organizations" do not include charitable organizations.

new text begin (f) "Real property records" has the meaning given in section 480.50, subdivision 1,
paragraph (f).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 8.

Minnesota Statutes 2024, section 480.40, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

new text begin (a) new text end Subdivision 2 deleted text begin does deleted text end new text begin and section 480.50 do new text end not apply to:

(1) the dissemination of personal information if the information is relevant to and
displayed as part of a news story, commentary, editorial, or other speech on a matter of
public concern;

(2) personal information that the judicial official voluntarily disseminates publicly after
August 1, 2024;

(3) the dissemination of personal information made at the request of the judicial official
or which is necessary to effectuate the request of a judicial official;

(4) a commercial entity using personal information internally, providing access to
businesses under common ownership or affiliated by corporate control, or selling or providing
data for a transaction or service requested by or concerning the individual whose personal
information is being transferred;

(5) a commercial entity providing publicly available information through real-time or
near real-time alert services for health or safety purposes;

(6) a commercial entity engaged in the collection, maintenance, disclosure, sale,
communication, or use of any personal information bearing on a consumer's credit worthiness,
credit standing, credit capacity, character, general reputation, personal characteristics, or
mode of living by a consumer reporting agency, furnisher, or user that provides information
for use in a consumer report, and by a user of a consumer report, but only to the extent that
such activity is regulated by and authorized under the federal Fair Credit Reporting Act,
United States Code, title 15, section 1681, et seq.;

(7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United
States Code, title 15, section 1681, et seq.;

(8) a commercial entity using personal information collected, processed, sold, or disclosed
in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code,
title 18, section 2721, et seq.;

(9) a commercial entity using personal information to do any of the following: prevent,
detect, protect against, or respond to security incidents, identity theft, fraud, harassment,
malicious or deceptive activities, or any illegal activity; preserve the integrity or security
of systems; or investigate, report, or prosecute any person responsible for any such action;

(10) a financial institution, affiliate of a financial institution, or data subject to title V
of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.;

(11) a covered entity or business associate for purposes of the federal privacy regulations
promulgated under the federal Health Insurance Portability and Accountability Act of 1996,
specifically United States Code, title 42, section 1320d-2 note;

(12) insurance and insurance support organizations;

(13) law enforcement agencies or law enforcement support organizations and vendors
that provide data support services to law enforcement agencies;

new text begin (14) the display of a property address on a real estate or mapping platform when the
address is not displayed or disclosed in connection with any ownership or occupancy
information or other personal identifying information of a judicial official; and
new text end

deleted text begin (14) deleted text end new text begin (15) new text end the collection and sale or licensing of covered information incidental to
conducting the activities described in clauses (4) to deleted text begin (13); and deleted text end new text begin (14).
new text end

deleted text begin (15) personal information deleted text end deleted text begin contained in:
deleted text end

deleted text begin (i) real property records as defined in section 13.045, subdivision 1, clause (5);
deleted text end

deleted text begin (ii) uniform commercial code filings and tax liens maintained by the secretary of state;
and
deleted text end

deleted text begin (iii) any other records maintained by a government entity evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
deleted text end

new text begin (b) Subdivision 2 does not apply to personal information of judicial officials collected,
created, or maintained in real property records.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 9.

Minnesota Statutes 2024, section 480.45, subdivision 2, is amended to read:

Subd. 2.

Removal of personal information; exception.

(a) Upon receipt of an affidavit
requesting removal of the personal information of a judicial official that meets the
requirements of subdivision 1, the person, business, association, or government entity shall
remove the publicly posted personal information within 30 days. If the person, business,
association, or government entity fails to remove the publicly posted personal information
within 30 days after an affidavit is submitted, the judicial official may file a civil action in
a court of competent jurisdiction seeking a court order compelling compliance, including
injunctive and declarative relief.

(b) Paragraph (a) shall not apply to personal information new text begin disseminated directly by a
government entity new text end contained in deleted text begin : deleted text end new text begin real property records, as defined in section 480.50,
subdivision 1, paragraph (f).
new text end

deleted text begin (1) real property records as defined in section deleted text end deleted text begin 13.045, subdivision 1 deleted text end deleted text begin , clause (5);
deleted text end

deleted text begin (2) uniform commercial code filings and tax liens maintained by the secretary of state;
deleted text end deleted text begin and
deleted text end

deleted text begin (3) any other records maintained by a government entity evidencing title to, or any lien,
deleted text end deleted text begin judgment, or other encumbrance on, real or personal property.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end

Sec. 10.

new text begin [480.50] PERSONAL INFORMATION IN REAL PROPERTY RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "County recorder" has the meaning given in section 13.045, subdivision 1, clause
(4).
new text end

new text begin (c) "Government entity" has the meaning given in section 13.02, subdivision 7a.
new text end

new text begin (d) "Judicial official" has the meaning given in section 480.40, subdivision 1, paragraph
(b), except that it does not include employees of the Minnesota judicial branch, the Office
of Administrative Hearings, the Workers' Compensation Court of Appeals, or the Tax Court.
new text end

new text begin (e) "Personal information" has the meaning given in section 480.40, subdivision 1,
paragraph (c).
new text end

new text begin (f) "Real property records" means any of the following:
new text end

new text begin (1) real property records as defined in section 13.045, subdivision 1, clause (5);
new text end

new text begin (2) Uniform Commercial Code filings and tax liens maintained by the Secretary of State;
and
new text end

new text begin (3) any other records maintained by a county recorder or other government entity
evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.
new text end

new text begin (g) "Responsible authority" has the meaning given in section 13.02, subdivision 16.
new text end

new text begin Subd. 2. new text end

new text begin Classification of data. new text end

new text begin (a) Subject to the provisions of this section, the personal
information of all judicial officials collected, created, or maintained in real property records
is private data on individuals, as defined in section 13.02, subdivision 12.
new text end

new text begin (b) If the responsible authority or government entity violates this section, the remedies
and penalties under chapter 13 are available only if the judicial official making a claim
previously provided a real property notice that complies with subdivision 3. If the subject
of the data is the spouse, domestic partner, or adult child of a judicial official who does not
reside with the judicial official, the remedies and penalties under chapter 13 are available
only if the spouse, domestic partner, or adult child previously provided a notification under
subdivision 3 to the responsible authority confirming their status as the spouse, domestic
partner, or adult child of a judicial official. In the case of county records, the notification
shall be filed with the responsible authority that maintains the personal information for
which protection is sought. A notification submitted under this section is private data on
individuals, as defined in section 13.02, subdivision 12.
new text end

new text begin Subd. 3. new text end

new text begin Notification. new text end

new text begin (a) For the classification in subdivision 2 to apply to personal
information in real property records, a judicial official must submit a real property notice
in writing to the county recorder in the county where the property identified in the real
property notice is located and to the Office of the Secretary of State. To affect real property
records maintained by any other government entity, a judicial official must submit a real
property notice in writing to the other government entity's responsible authority. If the
personal information is that of the spouse, domestic partner, or adult child of a judicial
official who does not reside with the judicial official, the spouse, domestic partner, or adult
child must submit a real property notice. The real property notice is classified as private
data on individuals, as defined in section 13.02, subdivision 12. A real property notice must
be on a form provided by the judicial branch and must include:
new text end

new text begin (1) the full legal name of the individual submitting the form;
new text end

new text begin (2) the last four digits of the individual's Social Security number;
new text end

new text begin (3) the individual's date of birth;
new text end

new text begin (4) the individual's telephone number and email;
new text end

new text begin (5) the residential address of the individual in Minnesota;
new text end

new text begin (6) the legal description, parcel identification number, and street address, if any, of the
real property affected by the notice; and
new text end

new text begin (7) a certification that the individual is a judicial official or the spouse, domestic partner,
or adult child of a judicial official that contains the notarized signature of the individual.
new text end

new text begin (b) A notice submitted by a judicial official employed by the state must include the
employer's business address and a verification of current employment signed by the
employer's human resources office.
new text end

new text begin (c) A notice submitted pursuant to this subdivision by a spouse, domestic partner, or
adult child of a judicial official not residing with the judicial official must include a notarized
verification that the individual is the spouse, domestic partner, or adult child of a judicial
official.
new text end

new text begin (d) Only one parcel of real property may be included in each notice, but an individual
may submit more than one notice. A government entity may require an individual to provide
additional information necessary to identify the records or the real property described in
the notice. An individual submitting a notice must submit a new real property notice if their
legal name changes.
new text end

new text begin Subd. 4. new text end

new text begin Access to real property records. new text end

new text begin (a) If an individual submits a notice under
subdivision 3, the county recorder or other government entity must not disclose the
individual's personal information in conjunction with the property identified in the written
notice, unless:
new text end

new text begin (1) the individual has consented to sharing or dissemination of the personal information
for the purpose identified in a writing signed by the individual and acknowledged by a
notary public;
new text end

new text begin (2) the personal information is subject to dissemination pursuant to a court order under
section 13.03, subdivision 6;
new text end

new text begin (3) the personal information is shared with a government entity for the purpose of
administering assessment and taxation laws;
new text end

new text begin (4) the personal information is disseminated pursuant to subdivision 5; or
new text end

new text begin (5) the personal information is shared with the examiner of titles or deputy examiner as
necessary to perform their statutory duties under chapters 508 and 508A, including the
dissemination of personal information in Reports of Examiner.
new text end

new text begin (b) This subdivision does not prevent the county recorder from returning original
documents to the person who submitted the documents for recording. Each county recorder
shall establish procedures for recording documents to comply with this subdivision. These
procedures may include masking personal information and making documents or certificates
of title containing the personal information private and not viewable except as allowed by
this paragraph. The procedure must comply with the requirements of chapters 386, 507,
508, and 508A, and other laws as appropriate, to the extent these requirements do not conflict
with this section. The procedures must provide public notice of the existence of recorded
documents and certificates of title that are not publicly viewable and the provisions for
viewing them under this subdivision. Notice that a document or certificate is private and
viewable only under this subdivision or subdivision 5 is deemed constructive notice of the
document or certificate.
new text end

new text begin (c) A real property notice submitted under subdivision 3 shall apply retroactively to all
online and digital real property records, except digitized or scanned images of tract pages
and books, but only to the extent the individual submitting the notice provides the parcel
identification number, document number, or certificate of title number of each record for
which protection is sought. Otherwise, paragraph (a) applies only to the real property records
recorded or filed concurrently with the real property notice specified in subdivision 3 and
to real property records affecting the same real property recorded subsequent to the county
recorder or other government entity's receipt of the real property notice.
new text end

new text begin (d) The county recorder or other government entity shall have 60 days from the date of
receipt of a real property notice under subdivision 3 to process the request. If the individual
cites exigent circumstances, the county recorder or other government entity shall process
the request as soon as practicable.
new text end

new text begin (e) The prohibition on disclosure in paragraph (a) continues until:
new text end

new text begin (1) the individual has consented to the termination of the real property notice in a writing
signed by the individual and acknowledged by a notary public;
new text end

new text begin (2) the real property notice is terminated pursuant to a court order;
new text end

new text begin (3) the individual no longer holds a record interest in the real property identified in the
real property notice;
new text end

new text begin (4) the individual is deceased and a certified copy of the death certificate has been filed
with the county recorder or other government entity to which a notice was given under
subdivision 3; or
new text end

new text begin (5) the judicial official no longer qualifies as a judicial official. Notification that the
judicial official no longer qualifies as a judicial official must be given by the judicial official
to each county recorder or other government entity to which a notice under subdivision 3
was given within 90 days after the judicial official no longer qualifies as a judicial official.
new text end

new text begin (f) Upon termination of the prohibition of disclosure, the county recorder shall make
publicly viewable all documents and certificates of title that were previously partially or
wholly private and not viewable pursuant to a notice filed under subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Access to personal information in real property records; title
examination. new text end

new text begin (a) Upon request, the individual who submitted the real property notice under
subdivision 3 shall verify that the individual's real property is the property subject to a bona
fide title exam.
new text end

new text begin (b) The county recorder or other government entity shall provide the unredacted real
property records of an individual who submitted a real property notice under subdivision 3
upon request of any of the following persons:
new text end

new text begin (1) a licensed title insurance company representative, a licensed title insurance agent, a
licensed abstractor, or an attorney licensed to practice law in Minnesota;
new text end

new text begin (2) a mortgage loan originator;
new text end

new text begin (3) a real estate broker or a real estate salesperson; and
new text end

new text begin (4) an individual or entity that has made or received an offer for the purchase of real
property to or from an individual who submitted a real property notice under subdivision 3
whose address is subject to nondisclosure, provided the request is accompanied by a written
consent from the individual.
new text end

new text begin (c) A request made under paragraph (a) or (b) must be made on a notarized form and
include:
new text end

new text begin (1) the full legal name, title, address, and place of employment, if applicable, of the
person requesting the real property records;
new text end

new text begin (2) the lawful purpose for requesting the real property records;
new text end

new text begin (3) the requestor's relationship, if any, to the individual who submitted a real property
notice under subdivision 3;
new text end

new text begin (4) the legal description of the property subject to the title examination; and
new text end

new text begin (5) proof of the requestor's licensure.
new text end

new text begin (d) Personal information provided under this subdivision may be used only for the
purposes authorized in this subdivision or the lawful purposes set forth in the request for
disclosure form and may not be further disseminated to any other person. However, the
dissemination of personal information in real property records by a licensed attorney or any
employees in the office of the licensed attorney is permitted when reasonably necessary for
the provision of legal services.
new text end

new text begin Subd. 6. new text end

new text begin Service fees to county recorder or other government entity. new text end

new text begin The county
recorder or any other government entity is authorized to charge the following service fees:
new text end

new text begin (1) up to $75 for each real property notice under subdivision 3;
new text end

new text begin (2) up to $75 for each consent submitted under subdivision 4, paragraph (a), clause (1),
and subdivision 4, paragraph (e), clause (1); and
new text end

new text begin (3) up to $75 for each request submitted under subdivision 5.
new text end

new text begin These service fees shall not be considered county recorder fees under section 357.18 or
registrar of titles fees under section 508.82 or 508A.82 and shall be deposited into the county
recorder or other government entity's general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2026.
new text end