STATE OF
MINNESOTA
NINETY-SECOND
SESSION - 2021
_____________________
THIRTY-FIFTH
DAY
Saint Paul, Minnesota, Friday, April 9, 2021
The House of Representatives convened at 12:15
p.m. and was called to order by Andrew Carlson, Speaker pro tempore.
Prayer was offered by the Reverend Neal
Cannon, Woodlake Lutheran Church, Richfield, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Agbaje
Akland
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Berg
Bernardy
Bierman
Bliss
Boe
Boldon
Burkel
Carlson
Christensen
Daniels
Daudt
Davids
Davnie
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Feist
Fischer
Franke
Franson
Frazier
Frederick
Freiberg
Garofalo
Gomez
Green
Greenman
Grossell
Gruenhagen
Haley
Hamilton
Hansen, R.
Hanson, J.
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hollins
Hornstein
Howard
Huot
Igo
Johnson
Jordan
Jurgens
Keeler
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Lee
Liebling
Lillie
Lippert
Lislegard
Long
Lucero
Lueck
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Mortensen
Mueller
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Noor
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Petersburg
Pfarr
Pierson
Pinto
Poston
Pryor
Quam
Raleigh
Rasmusson
Reyer
Richardson
Robbins
Sandell
Sandstede
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Theis
Thompson
Torkelson
Urdahl
Vang
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Spk. Hortman
A quorum was present.
Albright was excused.
The Chief Clerk proceeded to read the
Journals of the preceding days. There being
no objection, further reading of the Journals was dispensed with and the
Journals were approved as corrected by the Chief Clerk.
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Winkler from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 707, A bill for an act relating to public safety; modifying and clarifying criminal sexual conduct provisions; creating a new crime of sexual extortion; amending Minnesota Statutes 2020, sections 609.2325; 609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3455; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2020, sections 609.293, subdivisions 1, 5; 609.34; 609.36.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The
report was adopted.
Winkler from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 752, A bill for an act relating to state government; establishing a budget for military and veterans affairs; making policy and technical changes to various military and veterans affairs provisions including provisions related to the adjutant general, housing, veterans benefits, and veterans services; allowing deferred prosecutions for former and current military members in certain circumstances; classifying data; making changes to the military code; modifying certain requirements and qualifications; making jurisdictional and appellate changes; providing punishable offenses under the military code; providing penalties; appropriating money; amending Minnesota Statutes 2020, sections 10.578; 15.057; 190.07; 192.67; 192A.02, subdivision 2; 192A.021; 192A.111; 192A.15, subdivisions 1, 2; 192A.155, subdivision 2; 192A.20; 192A.235, subdivision 3; 192A.343, subdivision 3; 192A.353, subdivision 2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62; 197.791, subdivisions 4, 5, 5a, 5b; 198.006; 198.03, subdivision 2; 606.06; proposing coding for new law in Minnesota Statutes, chapters 192A; 196; 609; repealing Minnesota Statutes 2020, section 192A.385.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
Joint Rule 2.03 has been waived for any subsequent committee action on this bill.
The
report was adopted.
Bernardy from the Committee on Higher Education Finance and Policy to which was referred:
H. F. No. 993, A bill for an act relating to higher education; providing funding and related policy changes for the Office of Higher Education, Minnesota State Colleges and Universities, the University of Minnesota, and the Mayo Clinic; creating and modifying certain student aid programs; creating a direct admissions pilot program; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 136A.121, subdivisions 6, 9; 136A.125, subdivisions 2, 4; 136A.126, subdivisions 1, 4; 136A.1275; 136A.246, subdivisions 4, 5; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1. APPROPRIATIONS. |
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 "2022" and
"2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year"
is fiscal year 2022. "The second
year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
|
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APPROPRIATIONS |
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|
|
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Available for the Year |
|
|
|
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Ending June 30 |
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2022 |
2023 |
Sec. 2. MINNESOTA
OFFICE OF HIGHER EDUCATION |
|
|
|
Subdivision 1. Total
Appropriation |
|
$275,338,000 |
|
$275,198,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. State
Grants |
|
210,587,000
|
|
210,587,000
|
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available for it.
Subd. 3. Child
Care Grants |
|
6,694,000 |
|
6,694,000 |
Subd. 4. State
Work-Study |
|
14,502,000 |
|
14,502,000 |
Subd. 5. Interstate
Tuition Reciprocity |
|
8,500,000 |
|
8,500,000 |
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available to meet reciprocity contract obligations.
Subd. 6. Safety
Officer's Survivors |
|
100,000
|
|
100,000
|
This appropriation is to provide
educational benefits under Minnesota Statutes, section 299A.45, to eligible
dependent children and to the spouses of public safety officers killed in the
line of duty.
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available for it.
Subd. 7. American
Indian Scholarships |
|
3,500,000
|
|
3,500,000
|
The commissioner must contract with or
employ at least one person with demonstrated competence in American Indian culture
and residing in or near the city of Bemidji to assist students with the
scholarships under Minnesota Statutes, section 136A.126, and with other
information about financial aid for which the students may be eligible. Bemidji State University must provide office
space at no cost to the Office of Higher Education for purposes of
administering the American Indian scholarship program under Minnesota Statutes,
section 136A.126. This appropriation
includes funding to administer the American Indian scholarship program.
Subd. 8. Tribal
College Grants |
|
150,000
|
|
150,000
|
For tribal college assistance grants under
Minnesota Statutes, section 136A.1796.
Subd. 9. Intervention for College Attendance Program Grants |
1,500,000
|
|
1,500,000
|
For the intervention for college
attendance program under Minnesota Statutes, section 136A.861.
The commissioner may use no more than
three percent of this appropriation to administer the intervention for college
attendance program grants.
Subd. 10. Student-Parent
Information |
|
122,000 |
|
122,000 |
Subd. 11. Get
Ready! |
|
180,000 |
|
180,000 |
Subd. 12. Minnesota
Education Equity Partnership |
|
45,000 |
|
45,000 |
Subd. 13. Midwest
Higher Education Compact |
|
115,000 |
|
115,000 |
Subd. 14. United
Family Medicine Residency Program |
|
501,000 |
|
501,000 |
For a grant to United Family Medicine
residency program. This appropriation
shall be used to support up to 21 resident physicians each year in family
practice at United Family Medicine residency programs and shall prepare doctors
to practice family care medicine in underserved rural and urban areas of the
state. It is intended that this program
will improve health care in underserved communities, provide affordable access
to appropriate medical care, and manage the treatment of patients in a
cost-effective manner.
Subd. 15. MnLINK
Gateway and Minitex |
|
5,905,000 |
|
5,905,000 |
Subd. 16. Statewide Longitudinal Education Data System |
1,782,000
|
|
1,782,000
|
|
Subd. 17. Hennepin
Healthcare |
|
645,000 |
|
645,000 |
For transfer to Hennepin Healthcare for
graduate family medical education programs at Hennepin Healthcare.
Subd. 18. College
Possible |
|
500,000
|
|
500,000
|
(a) This appropriation is for immediate
transfer to College Possible to support programs of college admission and
college graduation for low-income students through an intensive curriculum of
coaching and support at both the high school and postsecondary level.
(b) This appropriation must, to the extent
possible, be proportionately allocated between students from greater Minnesota
and students in the seven-county metropolitan area.
(c) This appropriation must be used by
College Possible only for programs supporting students who are residents of
Minnesota and attending colleges or universities within Minnesota.
(d) By February 1 of each year, College
Possible must report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over higher education
and E-12 education on activities funded by this appropriation. The report must include, but is not limited
to, information about the expansion of College Possible in Minnesota, the
number of College Possible coaches hired, the expansion within existing partner
high schools, the expansion of high school partnerships, the number of high
school and college students served, the total hours of community service by
high school and college students, and a list of communities and organizations
benefiting from student service hours.
Subd. 19. Spinal Cord Injury and Traumatic Brain Injury Research Grant Program |
3,000,000
|
|
3,000,000
|
For transfer to the spinal cord and
traumatic brain injury grant account in the special revenue fund under
Minnesota Statutes, section 136A.901, subdivision 1.
The commissioner may use no more than three
percent of the amount transferred under this subdivision to administer the
grant program.
Subd. 20. Summer
Academic Enrichment Program |
|
750,000
|
|
750,000
|
For summer academic enrichment grants under
Minnesota Statutes, section 136A.091.
The commissioner may use no more than three
percent of this appropriation to administer the grant program under this
subdivision.
Subd. 21. Dual Training Competency Grants; Office of Higher Education |
2,000,000
|
|
2,000,000
|
For transfer to the Dual Training
Competency Grants account in the special revenue fund under Minnesota Statutes,
section 136A.246, subdivision 10.
Subd. 22. Campus
Sexual Assault Reporting |
|
25,000
|
|
25,000
|
For the sexual assault reporting required
under Minnesota Statutes, section 135A.15.
Subd. 23. Campus Sexual Violence Prevention and Response Coordinator |
150,000
|
|
150,000
|
For the Office of Higher Education to
staff a campus sexual violence prevention and response coordinator to serve as
a statewide resource providing professional development and guidance on best
practices for postsecondary institutions.
$50,000 each year is for administrative funding to conduct trainings and
provide materials to postsecondary institutions.
Subd. 24. Emergency Assistance for Postsecondary Students |
825,000
|
|
825,000
|
(a) This appropriation is for the Office
of Higher Education to allocate grant funds on a matching basis to eligible
institutions as defined under Minnesota Statutes, section 136A.103, located in
Minnesota with a demonstrable homeless student population.
(b) This appropriation shall be used to
meet immediate student needs that could result in a student not completing the
term or their program including, but not limited to, emergency housing, food,
and transportation. Institutions shall
minimize any negative impact on student financial aid resulting from the
receipt of emergency funds.
(c) The commissioner shall determine the
application process and the grant amounts.
The Office of Higher Education shall partner with interested
postsecondary institutions, other state agencies, and student groups to
establish the programs.
Subd. 25. Grants to Teacher Candidates in Shortage Areas |
500,000
|
|
500,000
|
For grants to teacher candidates in
shortage areas under Minnesota Statutes, section 136A.1275.
The commissioner may use no more than
three percent of the appropriation for administration of the program.
Subd. 26. Grants to Underrepresented Teacher Candidates |
2,293,000
|
|
2,628,000
|
For grants to underrepresented teacher
candidates under Minnesota Statutes, section 136A.1274.
The commissioner may use no more than
three percent of the appropriation for administration of the program.
Subd. 27. Teacher
Shortage Loan Forgiveness |
|
200,000
|
|
200,000
|
For transfer to the teacher shortage loan
forgiveness repayment account in the special revenue fund under Minnesota
Statutes, section 136A.1791, subdivision 8.
The commissioner may use no more than
three percent of the amount transferred under this subdivision to administer
the program.
Subd. 28. Large Animal Veterinarian Loan Forgiveness Program |
375,000
|
|
375,000
|
For transfer to the large animal
veterinarian loan forgiveness program account in the special revenue fund under
Minnesota Statutes, section 136A.1795, subdivision 2.
Subd. 29. Agricultural
Educators Loan Forgiveness |
|
50,000
|
|
50,000
|
For transfer to the agricultural education
loan forgiveness account in the special revenue fund under Minnesota Statutes,
section 136A.1794, subdivision 2.
Subd. 30. Aviation Degree Loan Forgiveness Program |
25,000
|
|
25,000
|
For transfer to the aviation degree loan
forgiveness program account in the special revenue fund under Minnesota
Statutes, section 136A.1789, subdivision 2.
Subd. 31. Grants for Students with Intellectual and Developmental Disabilities |
200,000
|
|
200,000
|
For grants for students with intellectual
and developmental disabilities under Minnesota Statutes, section 136A.1215.
Subd. 32. Loan
Repayment Assistance Program |
|
25,000
|
|
25,000
|
For a grant to the Loan Repayment
Assistance Program of Minnesota to provide education debt relief to attorneys
with full‑time employment providing legal advice or representation to
low-income clients or support services for this work.
Subd. 33. |
1,000,000
|
|
1,000,000
|
For a grant to Minnesota Independence
College and Community for need-based scholarships and tuition reduction. Beginning with students first enrolled in the
fall of 2019, eligibility is limited to resident students as defined in
Minnesota Statutes, section 136A.101, subdivision 8.
Subd. 34. Student
Loan Debt Counseling |
|
200,000
|
|
200,000
|
For student loan debt counseling under
Minnesota Statutes, section 136A.1788.
The Office of Higher Education may use no
more than three percent of the appropriation to administer the student loan
debt counseling program.
Subd. 35. Hunger-Free
Campus Grants |
|
275,000
|
|
223,000
|
(a) For grants to Minnesota postsecondary
institutions to meet and maintain the criteria in Minnesota Statutes, section
136F.245, to address food insecurity on campus.
(b) Awards must be based on head count for
the most recently completed academic year.
(c) Institutions must provide matching
funds to receive the hunger‑free campus grant.
(d) The statewide student associations
designated in Minnesota Statutes, section 136F.245, shall review the designated
grant applications and provide final approval for grant disbursements from the
Office of Higher Education to the appropriate campuses.
Subd. 36. Concurrent
Enrollment Grants |
|
340,000
|
|
340,000
|
For concurrent enrollment grants under
Minnesota Statutes, section 135A.102.
Subd. 37. Addiction Medicine Graduate Medical Education Fellowship |
275,000
|
|
275,000
|
(a) This appropriation is for transfer to
the Hennepin County Medical Center to support up to four physicians enrolled in
an addiction medicine fellowship program. This is a onetime appropriation.
(b) This appropriation shall be used:
(1) to train fellows in: (i) diagnostic interviewing; (ii)
motivational interviewing; (iii) addiction counseling; (iv) recognition and
care of common acute withdrawal syndromes and complications; (v)
pharmacotherapies
of addictive disorders; (vi) epidemiology and pathophysiology of addiction;
(vii) identification and treatment of addictive disorders in special
populations; (viii) secondary interventions; (ix) the use of screening and
diagnostic instruments; (x) inpatient care; and (xi) working within a
multidisciplinary team; and
(2) to prepare fellows to practice
addiction medicine in rural and underserved areas of the state.
Subd. 38. Aspiring
Teachers of Color Scholarships |
|
2,000,000
|
|
2,500,000
|
(a) This appropriation is for the aspiring
teachers of color scholarship program under Minnesota Statutes, section
136A.1273.
(b) The commissioner of the Office of
Higher Education may use no more than three percent of the appropriation to
administer the aspiring teachers of color scholarship program.
(c) This is a onetime appropriation. The base for this appropriation is $0 in
fiscal year 2024 and later.
Subd. 39. Direct
Admissions |
|
925,000
|
|
75,000
|
For the direct admissions pilot program in
article 2, section 39.
Subd. 40. Agency
Administration |
|
4,577,000
|
|
4,504,000
|
Subd. 41. Balances
Forward |
|
|
|
|
A balance in the first year under this
section does not cancel, but is available for the second year.
Subd. 42. Transfers
|
|
|
|
|
The commissioner of the Office of Higher
Education may transfer unencumbered balances from the appropriations in this
section to the state grant appropriation, the interstate tuition reciprocity
appropriation, the child care grant appropriation, the Indian scholarship
appropriation, the state work-study appropriation, the get ready appropriation,
the intervention for college attendance appropriation, the student-parent
information appropriation, the summer academic enrichment program
appropriation, and the public safety officers' survivors appropriation. Transfers from the hunger-free campus
appropriation may only be made to the emergency assistance for postsecondary
students appropriation. Transfers from
the child care or state work-study appropriations may only be made to the
extent there is a projected surplus in the appropriation. A transfer may be made only with prior
written notice to the chairs and ranking minority members of the senate and
house of representatives committees with jurisdiction over higher education
finance.
Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
|
|
|
Subdivision 1. Total
Appropriation |
|
$786,284,000 |
|
$807,384,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Central
Office and Shared Services Unit |
|
33,074,000
|
|
33,074,000
|
For the Office of the Chancellor and the
Shared Services Division.
Subd. 3. Operations
and Maintenance |
|
749,095,000
|
|
770,195,000
|
(a) For the 2021-2022 and 2022-2023
academic years, the tuition rates for undergraduates at colleges and
universities must not exceed the 2020-2021 academic year rates.
(b) $3,000,000 in fiscal year 2022 and
$3,000,000 in fiscal year 2023 are to provide supplemental aid for operations
and maintenance to the president of each two-year institution in the system
with at least one campus that is not located in a metropolitan county, as
defined in Minnesota Statutes, section 473.121, subdivision 4. The board shall transfer $100,000 for each
campus not located in a metropolitan county in each year to the president of
each institution that includes such a campus, provided that no institution may
receive more than $300,000 in total supplemental aid each year.
(c) The Board of Trustees is requested to
help Minnesota close the attainment gap by funding activities which improve
retention and completion for students of color.
(d) $4,000,000 in fiscal year 2022 and
$4,000,000 in fiscal year 2023 are for workforce development scholarships under
Minnesota Statutes, section 136F.38.
(e) $300,000 in fiscal year 2022 and
$300,000 in fiscal year 2023 are for transfer to the Cook County Higher
Education Board to provide educational programming, workforce development, and
academic support services to remote regions in northeastern Minnesota. The Cook County Higher Education Board shall
continue to provide information to the Board of Trustees on the number of
students served, credit hours delivered, and services provided to students.
(f) This appropriation includes $40,000 in
fiscal year 2022 and $40,000 in fiscal year 2023 to implement the sexual
assault policies required under Minnesota Statutes, section 135A.15.
(g) This appropriation includes $8,000,000
in fiscal year 2022 and $8,000,000 in fiscal year 2023 for upgrading the
Integrated Statewide Record System.
(h)
This appropriation includes $1,250,000 in fiscal year 2022 and $1,250,000 in
fiscal year 2023 to support students in meeting critical needs, including
providing online mental health resources and an online information hub to
connect students with state and local resources that address basic needs,
including housing and food insecurity.
(i) This appropriation includes $500,000
in fiscal year 2022 and $500,000 in fiscal year 2023 to implement the Z-Degree
program under Minnesota Statutes, section 136F.305. This is a onetime appropriation.
(j) This appropriation includes $400,000
in fiscal year 2022 and $0 in fiscal year 2023 for the career and technical
educator pilot project under article 2, section 40. Of this amount, $250,000 is for transfer to
Winona State University and $150,000 is for transfer to Minnesota State College Southeast for the purposes listed in article 2,
section 40. Notwithstanding Minnesota Statutes,
section 16A.28, unencumbered balances under this section do not cancel until
July 1, 2025.
(k) $100,000 in fiscal year 2022 and
$100,000 in fiscal year 2023 are for the mental health services for students
required under Minnesota Statutes, section 136F.20, subdivision 3.
(l) The total operations and maintenance
base for fiscal year 2024 and later is $769,695,000.
Subd. 4. Learning
Network of Minnesota |
|
4,115,000
|
|
4,115,000
|
Sec. 4. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA |
|
|
|
Subdivision 1. Total
Appropriation |
|
$688,313,000 |
|
$700,563,000 |
Appropriations
by Fund |
||
|
2022
|
2023
|
General |
686,156,000
|
698,406,000
|
Health Care Access |
2,157,000
|
2,157,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Operations
and Maintenance |
|
616,718,000
|
|
628,968,000
|
(a) $15,000,000 in fiscal year 2022 and
$15,000,000 in fiscal year 2023 are to: (1)
increase the medical school's research capacity; (2) improve the medical
school's ranking in National Institutes of Health funding; (3) ensure the
medical school's national
prominence
by attracting and retaining world-class faculty, staff, and students; (4)
invest in physician training programs in rural and underserved communities; and
(5) translate the medical school's research discoveries into new treatments and
cures to improve the health of Minnesotans.
(b) $7,800,000 in fiscal year 2022 and $7,800,000
in fiscal year 2023 are for health training restoration. This appropriation must be used to support
all of the following: (1) faculty
physicians who teach at eight residency program sites, including medical
resident and student training programs in the Department of Family Medicine;
(2) the Mobile Dental Clinic; and (3) expansion of geriatric education and
family programs.
(c) $4,000,000 in fiscal year 2022 and
$4,000,000 in fiscal year 2023 are for the Minnesota Discovery, Research, and
InnoVation Economy funding program for cancer care research.
(d) $500,000 in fiscal year 2022 and
$500,000 in fiscal year 2023 are for the University of Minnesota, Morris
branch, to cover the costs of tuition waivers under Minnesota Statutes, section
137.16.
(e) $150,000 in fiscal year 2022 and
$150,000 in fiscal year 2023 are for the advisory council on rare diseases
under Minnesota Statutes, section 137.68.
The base for this appropriation is $0 in fiscal year 2024 and later.
(f) The total operations and maintenance
base for fiscal year 2024 and later is $628,818,000.
Subd. 3. Primary
Care Education Initiatives |
|
2,157,000
|
|
2,157,000
|
This appropriation is from the health care
access fund.
Subd. 4. Special
Appropriations |
|
|
|
|
(a) Agriculture and Extension Service |
|
42,922,000
|
|
42,922,000
|
For the Agricultural Experiment Station
and the Minnesota Extension Service:
(1) the agricultural experiment stations
and Minnesota Extension Service must convene agricultural advisory groups to
focus research, education, and extension activities on producer needs and
implement an outreach strategy that more effectively and rapidly transfers
research results and best practices to producers throughout the state;
(2) this appropriation includes funding
for research and outreach on the production of renewable energy from Minnesota
biomass resources, including agronomic crops, plant and animal wastes,
and
native plants or trees. The following
areas should be prioritized and carried out in consultation with Minnesota
producers, renewable energy, and bioenergy organizations:
(i) biofuel and other energy production
from perennial crops, small grains, row crops, and forestry products in
conjunction with the Natural Resources Research Institute (NRRI);
(ii) alternative bioenergy crops and
cropping systems; and
(iii) biofuel coproducts used for
livestock feed;
(3) this appropriation includes funding
for the College of Food, Agricultural, and Natural Resources Sciences to
establish and provide leadership for organic agronomic, horticultural,
livestock, and food systems research, education, and outreach and for the
purchase of state-of-the-art laboratory, planting, tilling, harvesting, and
processing equipment necessary for this project;
(4) this appropriation includes funding
for research efforts that demonstrate a renewed emphasis on the needs of the
state's agriculture community. The
following areas should be prioritized and carried out in consultation with
Minnesota farm organizations:
(i) vegetable crop research with priority
for extending the Minnesota vegetable growing season;
(ii) fertilizer and soil fertility
research and development;
(iii) soil, groundwater, and surface water
conservation practices and contaminant reduction research;
(iv) discovering and developing plant
varieties that use nutrients more efficiently;
(v) breeding and development of turf seed
and other biomass resources in all three Minnesota biomes;
(vi) development of new disease-resistant
and pest-resistant varieties of turf and agronomic crops;
(vii) utilizing plant and livestock cells
to treat and cure human diseases;
(viii) the development of dairy
coproducts;
(ix) a rapid agricultural response fund
for current or emerging animal, plant, and insect problems affecting production
or food safety;
(x) crop pest and animal disease research;
(xi)
developing animal agriculture that is capable of sustainably feeding the world;
(xii) consumer food safety education and
outreach;
(xiii) programs to meet the research and
outreach needs of organic livestock and crop farmers; and
(xiv) alternative bioenergy crops and
cropping systems; and growing, harvesting, and transporting biomass plant
material; and
(5) by February 1, 2023, the Board of
Regents must submit a report to the legislative committees and divisions with
jurisdiction over agriculture and higher education finance on the status and
outcomes of research and initiatives funded in this paragraph.
(b) Health Sciences |
|
9,204,000
|
|
9,204,000
|
$346,000 each year is to support up to 12
resident physicians in the St. Cloud Hospital family practice residency
program. The program must prepare
doctors to practice primary care medicine in rural areas of the state. The legislature intends this program to
improve health care in rural communities, provide affordable access to
appropriate medical care, and manage the treatment of patients in a more
cost-effective manner. The remainder of
this appropriation is for the rural physicians associates program; the
Veterinary Diagnostic Laboratory; health sciences research; dental care; the
Biomedical Engineering Center; and the collaborative partnership between the
University of Minnesota and Mayo Clinic for regenerative medicine, research,
clinical translation, and commercialization.
(c) College of Science and Engineering |
|
1,140,000
|
|
1,140,000
|
For the geological survey and the talented
youth mathematics program.
(d) System Special |
|
8,181,000
|
|
8,181,000
|
For general research, the Labor Education Service,
Natural Resources Research Institute, Center for Urban and Regional Affairs,
Bell Museum of Natural History, and the Humphrey exhibit.
$3,000,000 in fiscal year 2022 and
$3,000,000 in fiscal year 2023 are for the Natural Resources Research Institute
to invest in applied research for economic development.
The base for this appropriation is
$7,181,000 in fiscal year 2024 and later and, of this amount, $2,000,000 per
fiscal year is for the Natural Resources Research Institute to invest in
applied research for economic development.
(e) University of Minnesota and Mayo Foundation Partnership |
7,991,000
|
|
7,991,000
|
This appropriation is for the following
activities:
(1) $7,491,000 in fiscal year 2022 and
$7,491,000 in fiscal year 2023 are for the direct and indirect expenses of the
collaborative research partnership between the University of Minnesota and the
Mayo Foundation for research in biotechnology and medical genomics. An annual report on the expenditure of these
funds must be submitted to the governor and the chairs of the legislative
committees responsible for higher education finance by June 30 of each fiscal
year.
(2) $500,000 in fiscal year 2022 and
$500,000 in fiscal year 2023 are to award competitive grants to conduct
research into the prevention, treatment, causes, and cures of Alzheimer's
disease and other dementias.
Subd. 5. Academic
Health Center |
|
|
|
|
The appropriation for Academic Health
Center funding under Minnesota Statutes, section 297F.10, is estimated to be
$22,250,000 each year.
Sec. 5. MAYO
CLINIC |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$1,351,000 |
|
$1,351,000 |
The amounts that may be spent are specified
in the following subdivisions.
Subd. 2. Medical
School |
|
665,000
|
|
665,000
|
The state must pay a capitation each year
for each student who is a resident of Minnesota. The appropriation may be transferred between
each year of the biennium to accommodate enrollment fluctuations. It is intended that during the biennium the
Mayo Clinic use the capitation money to increase the number of doctors
practicing in rural areas in need of doctors.
Subd. 3. Family Practice and Graduate Residency
Program |
686,000
|
|
686,000
|
The state must pay stipend support for up
to 27 residents each year.
Sec. 6. CANCELLATIONS;
FISCAL YEAR 2021.
(a) $340,000 of the fiscal year 2021
general fund appropriation under Laws 2019, chapter 64, article 1, section 2,
subdivisions 11, 25, and 26, is canceled.
(b)
$5,000,000 of the fiscal year 2021 general fund appropriation under Laws 2019,
chapter 64, article 1, section 2, subdivision 2, is canceled.
(c) This section is effective the day
following final enactment.
ARTICLE 2
HIGHER EDUCATION PROVISIONS
Section 1.
[135A.102] CONCURRENT
ENROLLMENT GRANTS.
Subdivision 1. Grants. (a) The Office of Higher Education
must establish a competitive grant program for postsecondary institutions to
expand concurrent enrollment opportunities.
To the extent that there are qualified applicants, the commissioner of
the Office of Higher Education shall distribute grant funds to ensure:
(1) eligible students throughout the
state have access to concurrent enrollment programs; and
(2) preference for grants that expand
programs is given to programs already at capacity.
(b) The commissioner may award grants
under this section to postsecondary institutions for any of the following
purposes:
(1) to develop new concurrent enrollment
courses under section 124D.09, subdivision 10, that satisfy the elective
standard for career and technical education;
(2) to expand the existing concurrent
enrollment programs already offered by the postsecondary institution by:
(i) creating new sections within the
same high school;
(ii) offering the existing course in new
high schools; or
(iii) supporting the preparation,
recruitment, and success of students who are underrepresented in concurrent
enrollment classrooms;
(3) to create online graduate tracks
specifically for high school teachers to receive the necessary credentials to
teach concurrent enrollment courses in various content areas, as dictated by
the Higher Learning Commission; or
(4) to supplement high school teacher
tuition support for graduate courses not eligible for funding under the
concurrent enrollment training program.
Subd. 2. Application. (a) The commissioner shall develop a
grant application process. A grant
applicant must:
(1) specify the purpose under
subdivision 1, paragraph (b), for which the institution is applying;
(2) specify both program and student
outcome goals;
(3) include student feedback in the
development of new programs or the expansion of existing programs; and
(4) demonstrate a commitment to
equitable access to concurrent enrollment coursework for all eligible high
school students.
(b) A postsecondary institution applying
for a grant under subdivision 1, paragraph (b), clause (3), must provide a 50
percent match for the grant funds.
Subd. 3. Report. By December 1 of each year, the office
shall submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over higher education regarding:
(1) the amount of funds granted under
each clause of subdivision 1, paragraph (b);
(2)
the courses developed by grant recipients and the number of students who
enrolled in the courses under subdivision 1, paragraph (b), clause (1);
(3) the programs expanded and the number of students who enrolled in programs under subdivision 1, paragraph (b), clause (2);
(4) the graduate programs developed by
postsecondary institutions and the number of high school teachers enrolled in
these graduate courses under subdivision 1, paragraph (b), clause (3); and
(5) the number of teachers provided
tuition support under subdivision 1, paragraph (b), clause (4).
Sec. 2. [135A.144]
TRANSCRIPT ACCESS.
Subdivision 1. Definitions. (a) The terms defined in this
subdivision apply to this section.
(b) "Debt" means any money,
obligation, claim, or sum, due or owed, or alleged to be due or owed, from a
student that appears on the student account.
Debt does not include the fee, if any, charged to all students for the
actual costs of providing the transcripts.
(c) "School" means any public
institution governed by the Board of Trustees of the Minnesota State Colleges
and Universities, private postsecondary educational institution as defined
under section 136A.62 or 136A.821, or public or private entity responsible for
providing transcripts to current or former students of an educational
institution. Institutions governed by
the Board of Regents of the University of Minnesota are requested to comply
with this section.
(d) "Transcript" means the
statement of an individual's academic record, including official transcripts or
the certified statement of an individual's academic record provided by a school,
and unofficial transcripts or the uncertified statement of an individual's
academic record provided by a school.
Subd. 2. Prohibited
practices. A school must not:
(1) refuse to provide a transcript for
a current or former student because the student owes a debt to the school if:
(i) the debt owed is less than $500;
(ii) the student has entered into and,
as determined by the institution, is in compliance with a payment plan with the
school;
(iii) the transcript request is made by
a prospective employer for the student; or
(iv) the school has sent the debt for
repayment to the Department of Revenue or to a collection agency, as defined in
section 332.31, subdivision 3, external to the institution; or
(2) charge an additional or a higher
fee for obtaining a transcript or provide less favorable treatment of a
transcript request because a student owes a debt to the originating school.
Subd. 3. Institutional
policy. (a) Institutions that
use transcript issuance as a tool for debt collection must have a policy
accessible to students that outlines how the institution collects on debts owed
to the institution.
(b) Institutions shall seek to use
transcript issuance as a tool for debt collection for the fewest number of
cases possible.
Sec. 3. [136A.057]
STUDENT TRANSFER REPORTING.
(a) The commissioner must report on the
office's website summary data on students who, within the most recent academic
year, withdrew from enrollment without completing a degree or credential
program at a public postsecondary institution in Minnesota. The summary data must include whether the
students who withdrew transferred to another institution and the institutions
transferred to and from.
(b) Summary data must be aggregated by
postsecondary institution and degree or credential program. Summary data must be disaggregated by race,
ethnicity, Pell eligibility, and age.
(c) The commissioner must post the
initial data on the office's website on or before February 15, 2022, and must
update the data at least annually thereafter.
Sec. 4. Minnesota Statutes 2020, section 136A.121, subdivision 2, is amended to read:
Subd. 2. Eligibility for grants. (a) An applicant is eligible to be considered for a grant, regardless of the applicant's sex, creed, race, color, national origin, or ancestry, under sections 136A.095 to 136A.131 if the office finds that the applicant:
(1) is a resident of the state of Minnesota;
(2) is a graduate of a secondary school or its equivalent, or is 17 years of age or over, and has met all requirements for admission as a student to an eligible college or technical college of choice as defined in sections 136A.095 to 136A.131;
(3) has met the financial need criteria established in Minnesota Rules;
(4) is not in default, as defined by the office, of any federal or state student educational loan; and
(5) is not more than 30 days in arrears in court-ordered child support that is collected or enforced by the public authority responsible for child support enforcement or, if the applicant is more than 30 days in arrears in court‑ordered child support that is collected or enforced by the public authority responsible for child support enforcement, but is complying with a written payment agreement under section 518A.69 or order for arrearages.
(b) A student who is entitled to
an additional semester or the equivalent of grant eligibility if the student
withdraws from enrollment:
(1) for active military service
after December 31, 2002, because the student was ordered to active military
service as defined in section 190.05, subdivision 5b or 5c, or who withdraws
from enrollment;
(2) for a major illness serious
health condition, while under the care of a medical professional, that
substantially limits the student's ability to complete the term is entitled
to an additional semester or the equivalent of grant eligibility.; or
(3) while providing care that
substantially limits the student's ability to complete the term to the
student's spouse, child, or parent who has a serious health condition.
Sec. 5. Minnesota Statutes 2020, section 136A.121, subdivision 6, is amended to read:
Subd. 6. Cost of attendance. (a) The recognized cost of attendance consists of: (1) an allowance specified in law for living and miscellaneous expenses, and (2) an allowance for tuition and fees equal to the lesser of the average tuition and fees charged by the institution, or a tuition and fee maximum if one is established in law. If no
living
and miscellaneous expense allowance is established in law, the allowance is equal
to 106 110 percent of the federal poverty guidelines for a one
person household in Minnesota for nine months.
If no tuition and fee maximum is established in law, the allowance for
tuition and fees is equal to the lesser of:
(1) the average tuition and fees charged by the institution, and (2) for
two-year programs, an amount equal to the highest tuition and fees charged at a
public two-year institution, or for four-year programs, an amount equal to the
highest tuition and fees charged at a public university.
(b) For a student registering for less than full time, the office shall prorate the cost of attendance to the actual number of credits for which the student is enrolled.
(c) The recognized cost of attendance for a student who is confined to a Minnesota correctional institution shall consist of the tuition and fee component in paragraph (a), with no allowance for living and miscellaneous expenses.
(d) For the purpose of this subdivision, "fees" include only those fees that are mandatory and charged to full‑time resident students attending the institution. Fees do not include charges for tools, equipment, computers, or other similar materials where the student retains ownership. Fees include charges for these materials if the institution retains ownership. Fees do not include optional or punitive fees.
Sec. 6. Minnesota Statutes 2020, section 136A.121, subdivision 9, is amended to read:
Subd. 9. Awards. An undergraduate student who meets the office's requirements is eligible to apply for and receive a grant in any year of undergraduate study unless the student has obtained a baccalaureate degree or previously has been enrolled full time or the equivalent for eight semesters or the equivalent, excluding (1) courses taken from a Minnesota school or postsecondary institution which is not participating in the state grant program and from which a student transferred no credit, and (2) courses taken that qualify as developmental education or below college-level. A student enrolled in a two-year program at a four-year institution is only eligible for the tuition and fee maximums established by law for two-year institutions.
Sec. 7. Minnesota Statutes 2020, section 136A.125, subdivision 2, is amended to read:
Subd. 2. Eligible students. (a) An applicant is eligible for a child care grant if the applicant:
(1) is a resident of the state of Minnesota or the applicant's spouse is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of age or younger who is disabled as defined in section 125A.02, and who is receiving or will receive care on a regular basis from a licensed or legal, nonlicensed caregiver;
(3) is income eligible as determined by the office's policies and rules, but is not a recipient of assistance from the Minnesota family investment program;
(4) either has not earned a
baccalaureate degree and has been enrolled full time less than received
child care grant funds for a period of ten semesters or the equivalent,
or has earned a baccalaureate degree and has been enrolled full time less than
ten semesters or the equivalent in a graduate or professional degree program;
(5) is pursuing a nonsectarian program or course of study that applies to an undergraduate, graduate, or professional degree, diploma, or certificate;
(6) is enrolled in at least six credits
one credit in an undergraduate program or one credit in a graduate or
professional program in an eligible institution; and
(7) is in good academic standing and making satisfactory academic progress.
(b)
A student who is entitled to an additional semester or equivalent of
grant eligibility and will be considered to be in continuing enrollment status
upon return if the student withdraws from enrollment:
(1) for active military service
after December 31, 2002, because the student was ordered to active military
service as defined in section 190.05, subdivision 5b or 5c, or;
(2) for a major illness serious
health condition, while under the care of a medical professional, that
substantially limits the student's ability to complete the term is entitled
to an additional semester or the equivalent of grant eligibility and will be
considered to be in continuing enrollment status upon return.; or
(3) while providing care that
substantially limits the student's ability to complete the term to the
student's spouse, child, or parent who has a serious health condition.
Sec. 8. Minnesota Statutes 2020, section 136A.125, subdivision 4, is amended to read:
Subd. 4. Amount
and length of grants. (a) The
amount of a child care grant must be based on:
(1) the income of the applicant and the
applicant's spouse;
(2) the number in the applicant's
family, as defined by the office; and
(3) the number of eligible children in
the applicant's family.
(b) (a) The maximum award to
the applicant shall be $3,000 equals the maximum federal Pell Grant
for each eligible child per academic year, except that the campus financial aid
officer may apply to the office for approval to increase grants by up to ten
percent to compensate for higher market charges for infant care in a community. The office shall develop policies to
determine community market costs and review institutional requests for
compensatory grant increases to ensure need and equal treatment. The office shall prepare a chart to show the
amount of a grant that will be awarded per child based on the factors in this
subdivision. The chart shall include a
range of income and family size.
(c) (b) Applicants with family
incomes expected family contributions at or below a percentage of
the federal poverty level the qualifying expected family contribution
for the federal Pell Grant, as determined by the commissioner, will
qualify for the maximum award. The
commissioner shall attempt to set the percentage at a level estimated to fully
expend the available appropriation for child care grants. Applicants with family incomes expected
family contributions exceeding that threshold will but less than
200 percent of the qualifying expected family contribution receive the
maximum award minus ten percent of their income exceeding that threshold an
amount proportional to their expected family contribution as determined by the
commissioner. If the result is
less than zero, the grant is zero.
(d) (c) The academic year
award amount must be disbursed by academic term using the following formula:
(1) the academic year amount described in
paragraph (b) (a);
(2) divided by the number of terms in the
academic year; and
(3) divided by 15 for undergraduate
students and six for graduate and professional students; and
(4) (3) multiplied by the number
of credits for which the student is enrolled that academic term, up to 15
credits for undergraduate students and six for graduate and professional
students. applicable enrollment
factor:
(i) 1.00 for undergraduate students
enrolled in 12 or more semester credits or the equivalent;
(ii)
0.75 for undergraduate students enrolled in nine, ten, or 11 semester credits
or the equivalent;
(iii) 0.50 for undergraduate students
enrolled in six, seven, or eight semester credits or the equivalent; and
(iv) 0.25 for undergraduate students
enrolled in at least one but less than six semester credits or the equivalent.
(e) (d) Payments shall be
made each academic term to the student or to the child care provider, as
determined by the institution. Institutions
may make payments more than once within the academic term.
Sec. 9. Minnesota Statutes 2020, section 136A.126, subdivision 1, is amended to read:
Subdivision 1. Student eligibility. The commissioner shall establish procedures for the distribution of scholarships to a Minnesota resident student as defined under section 136A.101, subdivision 8, who:
(1) is of one-fourth or more Indian ancestry or is an enrolled member or citizen of a federally recognized American Indian or Canadian First Nations tribe;
(2) has applied for other existing state and federal scholarship and grant programs;
(3) is meeting satisfactory academic progress as defined under section 136A.101, subdivision 10;
(4) is not in default, as defined by the office, of a federal or state student educational loan;
(5) if enrolled in an undergraduate program, is eligible or would be eligible to receive a federal Pell Grant or a state grant based on the federal needs analysis and is enrolled for nine semester credits per term or more, or the equivalent; and
(6) if enrolled in a graduate program, demonstrates a remaining financial need in the award amount calculation and is enrolled, per term, on a half-time basis or more as defined by the postsecondary institution.
Sec. 10. Minnesota Statutes 2020, section 136A.126, subdivision 4, is amended to read:
Subd. 4. Award amount. (a) Each student shall be awarded a scholarship based on the federal need analysis. Applicants are encouraged to apply for all other sources of financial aid. The amount of the award must not exceed the applicant's cost of attendance, as defined in subdivision 3, after deducting:
(1) the expected family contribution as calculated by the federal need analysis;
(2) the amount of a federal Pell Grant award for which the applicant is eligible;
(3) the amount of the state grant;
(4) the federal Supplemental Educational Opportunity Grant;
(5) the sum of all institutional grants, scholarships, tuition waivers, and tuition remission amounts;
(6) the sum of all tribal scholarships;
(7) the amount of any other state and federal gift aid; and
(8) the amount of any private grants or scholarships.
(b)
The award shall be paid directly to the postsecondary institution where the
student receives federal financial aid.
(c) Awards are limited as follows:
(1) the maximum award for an undergraduate is
$4,000 per award academic year;
(2) the maximum award for a graduate student
is $6,000 per award academic year; and
(3) the minimum award for all students is
$100 per award academic year.
(d) Scholarships may not be given to any Indian student for more than three years of study for a two-year degree, certificate, or diploma program or five years of study for a four-year degree program at the undergraduate level and for more than five years at the graduate level. Students may acquire only one degree per level and one terminal graduate degree. Scholarships may not be given to any student for more than ten years including five years of undergraduate study and five years of graduate study.
(e) Scholarships may be given to an
eligible student for four quarters, three semesters, or the equivalent during
the course of a single fiscal year. In
calculating the award amount, the office must use the same calculation it would
for any other term.
Sec. 11. [136A.1273]
ASPIRING MINNESOTA TEACHERS OF COLOR SCHOLARSHIP PROGRAM.
Subdivision 1. Scholarship
program established. The
commissioner must establish a scholarship program to support undergraduate and
graduate students who are preparing to become teachers, have demonstrated
financial need, and belong to racial or ethnic groups underrepresented in the
state's teacher workforce.
Subd. 2. Eligibility. (a) To be eligible for a scholarship
under this section, an applicant must:
(1) be admitted and enrolled in a
teacher preparation program approved by the Professional Educator Licensing and
Standards Board and be seeking initial licensure, or be enrolled in an eligible
institution under section 136A.103 and be completing a two-year program
specifically designed to prepare early childhood educators;
(2) affirm to the teacher preparation
program or the Office of Higher Education that the applicant is a person of
color or American Indian;
(3) be meeting satisfactory academic
progress as defined under section 136A.101, subdivision 10; and
(4) demonstrate financial need based on criteria
developed by the commissioner.
(b) An eligible applicant may receive a
scholarship award more than once, but may receive a total of no more than
$25,000 in scholarship awards from the program.
Subd. 3. Scholarship
award amount. (a) The commissioner
shall establish the scholarship award amount based upon the anticipated number
of eligible applicants and the funds available for the program. The established award amount is subject to
the requirements of paragraphs (b) through (e) of this subdivision. If the funds available for the program are
insufficient to make full awards to all eligible applicants, the commissioner
must reduce the established scholarship award amount.
(b) The maximum award amount is $10,000
per year for full-time study prior to student teaching. For undergraduate students, full-time study
means enrollment in a minimum of 12 or more credits per term. For graduate students, full-time study means
enrollment that the institution deems sufficient to confer full-time graduate
student status.
(c)
If an eligible applicant is enrolled in a program for one term during the
academic year, the maximum award amount is $5,000. If an eligible applicant is enrolled part
time, the award amount must be prorated on a per-credit basis.
(d) Subject to the funds available for
the program, and subject to the limitation in paragraph (e), the minimum award
amount established under this section for full-time study must be no less than
$1,000 per year.
(e) An eligible applicant's individual
award amount must not exceed the applicant's cost of attendance after
deducting: (1) the sum of all state or
federal grants and gift aid received, including a Pell Grant and state grant;
(2) the sum of all institutional grants, scholarships, tuition waivers, and
tuition remission amounts; and (3) the amount of any private grants or
scholarships.
(f) Established award amounts are not
rulemaking for purposes of chapter 14 or section 14.386.
Subd. 4. Administration. (a) The commissioner must establish an
application process for individual students and institutions on behalf of all
eligible students at the institution and other guidelines for implementing the
scholarship program.
(b) The commissioner must give equal
consideration to all eligible applicants regardless of the order the
application was received before the application deadline.
(c) A scholarship award must be paid to
the eligible applicant's teacher preparation institution on behalf of the
eligible applicant. Awards may be paid
only when the institution has confirmed to the commissioner the applicant's
name, racial or ethnic identity, gender, licensure area sought, and enrollment
status.
Subd. 5. Report. By July 15 of each year, the
commissioner must submit an interim report on the scholarship program based on
available data to the legislative committees with jurisdiction over higher
education finance and policy. By
December 15 of each year, the commissioner must submit a full report on the
details of the scholarship program for the previous fiscal year to the
legislative committees with jurisdiction over higher education finance and
policy. The reports must also be made
available on the Office of Higher Education's website. The reports must include the following
information:
(1) the number of applicants and the
number of award recipients, each broken down by postsecondary institution with
ten or more recipients;
(2) the total number of awards, the
total dollar amount of all awards, and the average award amount; and
(3) summary data on the racial or
ethnic identity, gender, licensure area sought, and enrollment status of all
applicants and award recipients.
EFFECTIVE
DATE. This section is
effective July 1, 2021, and initial scholarships must be awarded by November 1,
2021.
Sec. 12. [136A.1274]
UNDERREPRESENTED TEACHER CANDIDATE GRANTS.
Subdivision 1. Establishment. The commissioner of the Office of
Higher Education must establish a grant program for student teaching stipends
for low-income students who belong to an underrepresented racial or ethnic
group.
Subd. 2. Eligibility. To be eligible for a grant under this
section, a teacher candidate must:
(1) be enrolled in a Professional
Educator Licensing and Standards Board-approved teacher preparation program at
a higher education institution that requires at least 12 weeks of student
teaching in order to be recommended for any Tier 3 teaching license;
(2) demonstrate financial need based on
criteria established by the commissioner under subdivision 3;
(3) be meeting satisfactory academic
progress as defined under section 136A.101, subdivision 10; and
(4) belong to a racial or ethnic group
underrepresented in the Minnesota teacher workforce.
Subd. 3. Administration. (a) The commissioner must establish an
application process and other guidelines for implementing this program. The commissioner must notify grant recipients
of their award amounts by the following dates:
(1) for fall student teaching
placements, recipients must be notified by August 1;
(2) for spring student teaching
placements, recipients must be notified by December 1; and
(3) for summer student teaching
placements, recipients must be notified by May 1.
These notification deadlines do not apply in cases where
grants are awarded to teacher candidates who applied after application
deadlines and funds remained after the initial round of grants were awarded.
(b) The commissioner must determine
each academic year the stipend amount up to $7,500 based on the amount of
available funding, the number of eligible applicants, and the financial need of
the applicants.
(c) The commissioner must give equal
consideration to all applicants regardless of the order the application was
received before the application deadline.
Subd. 4. Reporting. (a) By July 15 of each year, the
commissioner must submit a report on the details of the program under this
section for the previous fiscal year to the legislative committees with
jurisdiction over higher education finance and policy. The report must include the following
information:
(1) the extent of racial or ethnic
underrepresentation in the teacher workforce statewide and broken down by
economic development region;
(2) the number of eligible applicants
and the number of teacher candidates receiving an award, each broken down by postsecondary
institution; and
(3) the total number of awards, the
total dollar amount of all awards, and the average award amount.
(b) Within 60 days after each round of
award notifications required under subdivision 3, paragraph (a), the
commissioner must publish on the Office of Higher Education's website an
interim report with data on the most recent round of grant awards. The report must include the same information
required to be included in the report under paragraph (a).
EFFECTIVE
DATE. This section is
effective July 1, 2021, except that the commissioner may delay notification to
student teachers receiving grants for the fall 2021 term until August 15, 2021.
Sec. 13. Minnesota Statutes 2020, section 136A.1275, is amended to read:
136A.1275
TEACHER CANDIDATE GRANTS IN SHORTAGE AREAS.
Subdivision 1. Establishment. (a) The commissioner of the Office of
Higher Education must establish a grant program for student teaching stipends
for low-income students enrolled in a Professional Educator Licensing and
Standards Board-approved teacher preparation program who intend to teach in
a shortage area after graduating and receiving their teaching license or
belong to an underrepresented racial or ethnic group.
(b) "Shortage area" means a license field or economic development region within Minnesota defined as a shortage area by the Professional Educator Licensing and Standards Board in coordination with the commissioner using data collected for the teacher supply and demand report under section 122A.091, subdivision 5.
Subd. 2. Eligibility. To be eligible for a grant under this section, a teacher candidate must:
(1) be enrolled in a Professional Educator Licensing and Standards Board-approved teacher preparation program at a higher education institution that requires at least 12 weeks of student teaching in order to be recommended for any Tier 3 teaching license;
(2) demonstrate financial need based on criteria established by the commissioner under subdivision 3;
(3) be meeting satisfactory academic progress as defined under section 136A.101, subdivision 10; and
(4) intend to teach in a shortage area or
belong to a racial or ethnic group underrepresented in the Minnesota teacher
workforce. Intent can be documented
based on the teacher license field the student is pursuing or a statement of
intent to teach in an economic development region defined as a shortage area in
the year the student receives a grant.
Subd. 3. Administration;
repayment. (a) The commissioner
must establish an application process and other guidelines for implementing
this program. The commissioner must
notify grant recipients of their award amounts by the following dates:
(1) for fall student teaching
placements, recipients must be notified by August 1;
(2) for spring student teaching
placements, recipients must be notified by December 1; and
(3) for summer student teaching
placements, recipients must be notified by May 1.
These notification deadlines do not apply in cases where
grants are awarded to teacher candidates who applied after application
deadlines and funds remained after the initial round of grants were awarded.
(b) The commissioner must determine each academic year the stipend amount up to $7,500 based on the amount of available funding, the number of eligible applicants, and the financial need of the applicants.
(c) The percentage of the total award
funds available at the beginning of the fiscal year reserved for teacher
candidates who identify as belonging to a racial or ethnic group
underrepresented in the Minnesota teacher workforce must be equal to or greater
than the total percentage of students of racial or ethnic groups
underrepresented in the Minnesota teacher workforce as measured under section
120B.35, subdivision 3. If this
percentage cannot be met because of a lack of qualifying candidates, the
remaining amount may be awarded to teacher candidates who intend to teach in a
shortage area.
(c)
The commissioner must give equal consideration to all applicants regardless of
the order the application was received before the application deadline.
Subd. 4. Reporting. (a) By July 15 of each year, the
commissioner must submit a report on the details of the program under this
section for the previous fiscal year to the legislative committees with jurisdiction
over higher education finance and policy.
The report must include the following information:
(1) the licensure shortage areas giving
rise to award eligibility, organized by economic development region;
(2) the number of eligible applicants and
the number of student teachers receiving an award, each broken down by
postsecondary institution; and
(3) the total number of awards, the
total dollar amount of all awards, and the average award amount.
(b) Within 60 days after each round of
award notifications required under subdivision 3, paragraph (a), the
commissioner must publish on the Office of Higher Education's website an
interim report with data on the most recent round of grant awards. The report must include the same information
required to be included in the report under paragraph (a).
EFFECTIVE
DATE. This section is
effective July 1, 2021, except that the commissioner may delay notification to
student teachers receiving grants for the fall 2021 term until August 15, 2021.
Sec. 14. Minnesota Statutes 2020, section 136A.1704, is amended to read:
136A.1704
STUDENT LOAN REFINANCING.
The office may refinance student and parent
loans as provided by this section and on other terms and conditions the office
prescribes. The office may establish
credit requirements for borrowers and determine what types of student and
parent loans will be eligible for refinancing.
The refinanced loan need not have been made through a loan program
administered by the office. Loans shall
be made with available funds in the loan capital fund under section 136A.1785. The A maximum amount of
outstanding loans refinanced under this section may not exceed $100,000,000
be determined by the office. The
maximum loan under this section may not exceed $70,000 $250,000. In determining the maximum amount of
outstanding loans refinanced, the office shall take into consideration funding
capacity for the SELF Refi program, delinquency and default loss management,
levels of student debt, current financial market conditions, and other
considerations to protect the financial stability of the program.
Sec. 15. Minnesota Statutes 2020, section 136A.246, subdivision 1, is amended to read:
Subdivision 1. Program
created. The commissioner shall make
grants for the training of employees to achieve the competency standard for an
occupation identified by the commissioner of labor and industry under section
175.45 and Laws 2014, chapter 312, article 3, section 21. "Competency standard" has the
meaning given in section 175.45, subdivision 2. An individual must, no later than the
commencement of the training, be an employee of the employer seeking a grant to
train that individual.
Sec. 16. Minnesota Statutes 2020, section 136A.246, is amended by adding a subdivision to read:
Subd. 1a. Definitions. (a) The terms defined in this
subdivision apply to this section.
(b) "Competency standard" has
the meaning given in section 175.45, subdivision 2.
(c) "Eligible training" means
training provided by an eligible training provider that:
(1)
includes training to meet one or more identified competency standards;
(2) is instructor-led for a majority of
the training; and
(3) results in the employee receiving
an industry-recognized degree, certificate, or credential.
(d) "Eligible training
provider" means an institution:
(1) operated by the Board of Trustees
of the Minnesota State Colleges and Universities or the Board of Regents of the
University of Minnesota;
(2) licensed or registered as a
postsecondary institution by the office; or
(3) exempt from the provisions of
section 136A.822 to 136A.834 or 136A.61 to 136A.71 as approved by the office.
(e) "Industry-recognized degrees,
certificates, or credentials" means:
(1) certificates, diplomas, or degrees
issued by a postsecondary institution;
(2) registered apprenticeship
certifications or certificates;
(3) occupational licenses or
registrations;
(4) certifications issued by, or
recognized by, industry or professional associations; and
(5) other certifications as approved by
the commissioner.
Sec. 17. Minnesota Statutes 2020, section 136A.246, subdivision 2, is amended to read:
Subd. 2. Eligible
grantees. An employer or an
organization representing the employer is eligible to apply for a grant to
train employees if the employer has an employee who is in or is to be trained
to be in an occupation for which a competency standard has been identified and
the employee has not attained the competency standard prior to the commencement
of the planned training. Training
need not address all aspects of a competency standard but may address only the
competencies of a standard that an employee is lacking. An employee must receive an
industry-recognized degree, certificate, or credential upon successful
completion of the training. A grantee
must have an agreement with an eligible training provider to provide eligible
training prior to payment of grant.
Sec. 18. Minnesota Statutes 2020, section 136A.246, subdivision 3, is amended to read:
Subd. 3. Eligible
training institution or program provider. The employer must have an agreement
with a training institution or program to provide the employee competency
standard training prior to the grant award.
The training may be provided by any institution or program having
trainers qualified to instruct on the competency standard.
The Office of Higher Education and the
Department of Labor and Industry must cooperate in maintaining an inventory of
degree, certificate, and credential programs that provide training to meet
competency standards. The inventory must
be posted on each agency's website with contact information for each program by
September 1, 2016. The postings must
be updated periodically.
Sec. 19. Minnesota Statutes 2020, section 136A.246, subdivision 4, is amended to read:
Subd. 4. Application. Applications must be made to the commissioner on a form provided by the commissioner. The commissioner must, to the extent possible, make the application form as short and simple to complete as is reasonably possible. The commissioner shall establish a schedule for applications and grants. The application must include, without limitation:
(1) the projected number of employee trainees;
(2) the number of projected employee
trainees who graduated from high school or passed the commissioner of
education-selected high school equivalency test in the current or immediately
preceding calendar year;
(3) (2) the competency
standard for which training will be provided;
(4) (3) the credential the
employee will receive upon completion of training;
(5) (4) the name and address
of the eligible training provider institution or program and a
signed statement by the institution or program that it is able and agrees to
provide the training;
(6) (5) the period of the
training; and
(7) (6) the cost of the
training charged by the eligible training provider institution
or program and certified by the institution or program. The cost of training includes tuition, fees,
and required books and materials.
An application may be made for training of employees of multiple employers either by the employers or by an organization on their behalf.
Sec. 20. Minnesota Statutes 2020, section 136A.246, subdivision 5, is amended to read:
Subd. 5. Grant
criteria. (a) Except as provided
in this subdivision, the commissioner shall award grants to employers solely
for training employees who graduated from high school or passed commissioner of
education‑selected high school equivalency tests in the current or
immediately preceding calendar year.
(b) If there are not sufficient
eligible applications satisfying paragraph (a), the commissioner may award
grants to applicants to train employees who do not meet the requirements of
paragraph (a).
(c) (a) The commissioner
shall, to the extent possible after complying with paragraph (a), make
at least an approximately equal dollar amount of grants for training for
employees whose work site is projected to be outside the metropolitan area as
defined in section 473.121, subdivision 2, as for employees whose work site is
projected to be within the metropolitan area.
(d) (b) In determining the
award of grants, the commissioner must consider, among other factors:
(1) the aggregate state and regional need for employees with the competency to be trained;
(2) the competency standards developed by the commissioner of labor and industry as part of the Minnesota PIPELINE Project;
(3) the per employee cost of training;
(4) the additional employment opportunities for employees because of the training;
(5) the on-the-job training the employee receives;
(6) the employer's demonstrated ability
to recruit, train, and retain employees who are recent high school graduates or
who recently passed high school equivalency tests;
(7) the employer's demonstrated
commitment to recruit, train, and retain employees of color, American Indian
employees, and employees with disabilities;
(6) (8) projected increases
in compensation for employees receiving the training; and
(7) (9) the amount of
employer training cost match, if required, on both a per employee and aggregate
basis.
Sec. 21. Minnesota Statutes 2020, section 136A.246, subdivision 6, is amended to read:
Subd. 6. Employer
match. A large employer must pay for
at least 25 percent of the eligible training institution's or program's
provider's charge for the eligible training to the training
institution or program provider.
For the purpose of this subdivision, a "large employer" means
a business with more than $25,000,000 in annual gross revenue in the
previous calendar year.
Sec. 22. Minnesota Statutes 2020, section 136A.246, subdivision 7, is amended to read:
Subd. 7. Payment
of grant. (a) The commissioner shall
pay the grant to the employer after the employer presents satisfactory evidence
to the commissioner that the employer has paid the eligible training institution
or program provider.
(b) If an employer demonstrates that it is
not able to pay for the training in advance, the commissioner shall make grant
payments directly to the eligible training institution or program
provider.
Sec. 23. Minnesota Statutes 2020, section 136A.246, subdivision 8, is amended to read:
Subd. 8. Grant amounts. (a) The maximum grant for an application is $150,000. A grant may not exceed $6,000 per year for a maximum of four years per employee.
(b) An employee who is attending an eligible training provider that is an institution under section 136A.103 must apply for Pell and state grants as a condition of payment for training that employee under this section.
Sec. 24. Minnesota Statutes 2020, section 136A.63, subdivision 2, is amended to read:
Subd. 2. Sale of an institution. Within 30 days of a change of its ownership a school must submit a registration renewal application, all usual and ordinary information and materials for an initial registration, and applicable registration fees for a new institution. For purposes of this subdivision, "change of ownership" means a merger or consolidation with a corporation; a sale, lease, exchange, or other disposition of all or substantially all of the assets of a school; the transfer of a controlling interest of at least 51 percent of the school's stock; the school enters receivership; or a change in the nonprofit or for-profit status of a school.
Sec. 25. Minnesota Statutes 2020, section 136A.645, is amended to read:
136A.645
SCHOOL CLOSURE.
(a) When a school intends to cease postsecondary education operations, announces its closure, or is informed by the office that the office anticipates the school's closure due to its registration status or ability to meet criteria for approval under section 136A.65, the school must provide the office:
(1) a notice of closure, including the name of the school, the name of the school owner, an active mailing address and telephone number that the school owner may be reached at after the school physically closes, the name of the school director, and the planned date for termination of postsecondary operations;
(2) a report of all students currently enrolled and all students enrolled within the prior 120 days, including the following information for each student: name, address, school email address, alternate email address, program of study, number of credits completed, number of credits remaining, and enrollment status at closure;
(3) a report of refunds due to any student and the amount due;
(4) a written statement from the school's owner or designee affirming that all recruitment efforts, school marketing, advertisement, solicitation, and enrollment of new students has ceased;
(5) a copy of any communication between the school's accreditors about the school closure;
(6) confirmation that the requirements for student records under section 136A.68 have been satisfied, including:
(i) the planned date for the transfer of the student records;
(ii) confirmation of the name and address of the organization to receive and hold the student records; and
(iii) the official at the organization receiving the student records who is designated to provide official copies of records or transcripts upon request;
(7) academic information, including the school's most recent catalog, all course syllabi, and faculty credential information; and
(8) copies of any teach-out, transfer, or train-out agreement between the school and a new school for students to be able to complete their studies. A teach-out fulfills the original contract or agreement between the closing school and the student. If a teach-out is arranged for another approved school to do the remaining occupational training, that other school must (i) provide comparable education and training and (ii) agree that students transferring from the closing school pay only what the cost of tuition and fees remain unpaid according to the terms and conditions in the enrollment agreement entered into between the student and the closing school.
(b) Without limitation as to other circumstance, a school shall be deemed to have ceased operations when the school:
(1) has an unscheduled nonemergency closure or cancellation of classes for more than 24 hours without prior notice to the office;
(2) announces it is closed or closing; or
(3) files for bankruptcy.; or
(4) fails to complete a renewal
application when required under section 136A.63, subdivision 2.
(c) When a school is deemed to have ceased operations, the office shall provide the school a reasonable time to correct student records and grant credentials. After that time, the office must revoke the school's registration. This revocation is not appealable under section 136A.65, subdivision 8.
Sec. 26. Minnesota Statutes 2020, section 136A.653, subdivision 5, is amended to read:
Subd. 5. Regionally
Higher Learning Commission accredited institutions in Minnesota. (a) A regionally accredited
postsecondary institution accredited by the Higher Learning Commission or
its successor with its primary physical location in Minnesota is exempt
from the provisions of sections 136A.61 to 136A.71, including related fees,
when it creates new or modifies existing:
(1) majors, minors, concentrations, specializations, and areas of emphasis within approved degrees;
(2) nondegree programs within approved degrees;
(3) underlying curriculum or courses;
(4) modes of delivery; and
(5) locations.
(b) The institution must annually notify the commissioner of the exempt actions listed in paragraph (a) and, upon the commissioner's request, must provide additional information about the action.
(c) The institution must notify the commissioner within 60 days of a program closing.
(d) Nothing in this subdivision exempts an institution from the annual registration and degree approval requirements of sections 136A.61 to 136A.71.
Sec. 27. Minnesota Statutes 2020, section 136A.675, is amended to read:
136A.675
RISK ANALYSIS.
Subdivision 1. Standard
development and usage. (a) To
screen and detect whether an institution may not be financially or
administratively responsible, the office shall develop a set of
financial and programmatic evaluation metrics to aid in the detection of the
failure or potential failure of a school to meet the standards established
under sections 136A.61 to 136A.71 nonfinancial indicators. These metrics shall include indicators of
financial stability, changes in the senior management or the financial aid and
senior administrative staff of an institution, changes in enrollment, changes
in program offerings, and changes in faculty staffing patterns. The development of financial standards
and nonfinancial indicators shall use industry standards as benchmarks
guidance. The development of
the nonfinancial standards shall include a measure of trends and dramatic
changes in trends or practice.
(b) Annually, the agency office
must specify the metrics and standards for each area and provide a copy of
the financial and nonfinancial indicators to each registered institution
and post them a list of reviewed indicators on the agency office
website.
(c) The agency office
shall use regularly reported data submitted to the federal government or other
regulatory or accreditation agencies wherever possible. The agency may require more frequent data
reporting by an institution to ascertain whether the standards are being met.
(d) The office must use the indicators
in this subdivision to identify institutions at potential risk of being unable
to meet the standards established under sections 136A.646; 136A.64, subdivision
3; 136A.65, subdivisions 1a and 4, paragraph (a), clauses (1), (2), (3), and
(7); and 136A.685 and thus unlikely to meet its financial obligations or
complete its academic terms for the next 18 months.
Subd. 2. Additional
reporting. (a) In addition to
the information required for the indicators in subdivision 1, an institution
must notify the office within ten business days if any of the events in
paragraphs (b) to (e) occur.
(b) Related to revenue, debt, and cash
flow, notice is required if:
(1) the institution defaulted on a debt
payment or covenant and has not received a waiver of the violation from the
financial institution within 60 days;
(2) for institutions with a federal
composite score of less than 1.5, the institution's owner withdraws equity that
directly results in a composite score of less than 1.0, unless the withdrawal
is a transfer between affiliated entities included in a common composite score;
(3) the United States Department of
Education requires a 25 percent or greater Letter of Credit, except when the
Letter of Credit is imposed due to a change of ownership;
(4) the United States Department of
Education requires Heightened Cash Monitoring 2;
(5) the institution receives written
notification that it violated the United States Department of Education's
revenue requirement under United States Code, title 20, section 1094(a)(24), as
amended; or
(6) the institution receives written
notification by the United States Department of Education that it has fallen
below minimum financial standards and that its continued participation in Title
IV is conditioned upon satisfying either the Zone Alternative, Code of Federal
Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit
Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph
(c).
(c) Related to accreditation and
licensing, notice is required if:
(1) the institution receives written
notification of probation, warning, show-cause, or loss of institutional
accreditation;
(2) the institution receives written
notification that its institutional accreditor lost federal recognition; or
(3) the institution receives written
notification that it has materially violated state authorization or institution
licensing requirements in a different state that may lead to or has led to the
termination of the institution's ability to continue to provide educational
programs or otherwise continue to operate in that state.
(d) Related to securities, notice is
required if:
(1) the Securities and Exchange
Commission (i) issues an order suspending or revoking the registration of the
institution's securities, or (ii) suspends trading of the institution's
securities on any national securities exchange;
(2) the national securities exchange on
which the institution's securities are traded notifies the institution that it
is not in compliance with the exchange's listing requirements and the
institution's securities are delisted; or
(3) the Securities and Exchange
Commission is not in timely receipt of a required report and did not issue an
extension to file the report.
(e) Related to criminal and civil
investigations, notice is required if:
(1) the institution receives written
notification of a felony criminal indictment or charges of the institution's
owner;
(2)
the institution receives written notification of criminal indictment or charges
of the institution's officers related to operations of the institution; or
(3) there has been a criminal, civil, or
administrative adjudication of fraud or misrepresentation in Minnesota or in
another state or jurisdiction against the institution or its owner, officers,
agents, or sponsoring organization.
Subd. 3. Determination
procedures. (a) The office
shall conduct a systematic evaluation under this paragraph and make a
preliminary determination as to whether action under paragraph (e) is
necessary, if the office: (1) identifies
a potential risk under subdivision 1, paragraph (d); (2) receives notification
from an institution under subdivision 2; or (3) identifies other exigent
circumstances impacting the institution that may deny students a reasonable
opportunity to complete their education program at the institution or through
an alternate institution with minimal disruption. The systematic evaluation must, to the extent
practicable, be a collaboration between the office and the institution. The office must request additional context
and information from the institution that demonstrates the administrative and
financial responsibility of the institution.
If the institution is not financially or administratively responsible, a
contingency plan must be implemented either collaboratively or as part of a
final determination under paragraph (e), clause (4).
(b) The office shall provide notice in
writing to the institution of the preliminary determination. The notice shall provide the analysis used by
the office to make the determination, a request for the institution to provide
additional context and information that demonstrates the administrative and
financial responsibility of the institution not provided under paragraph (a),
any potential action the office may take under paragraph (e), and a deadline
for responding to the notice. The
institution shall have no fewer than ten business days to respond to the
preliminary determination.
(c) The response from the institution to
provide additional context and information must be written and may include a
collaborative consultation with the office.
In its response, the institution shall provide additional context,
financial data, and other information, including but not limited to evidence of
sound business practices, institutional financial health, compliance with the
requirements of sections 136A.61 to 136A.71, or sufficient and timely plans to
cure any noncompliance or to manage financial health and risk.
(d) If the institution does not respond
to the office's notice and request for additional context and information
within the time required, the office's preliminary determination shall become
final and the office may take any of the actions specified in the notice
required by paragraph (e). If the
institution responds to the office's notice, the office must reevaluate the
preliminary determination. The office
shall use the additional context and information provided by the institution to
make a final determination and determine which actions under paragraph (e), if
any, are necessary to mitigate risk to students and state financial aid under
this chapter.
(e) The office may use a final
determination to:
(1) revoke, suspend, or refuse to renew
registration, approval of an institution's degree, or use of a regulated term
in its name under section 136A.65, subdivision 8;
(2) require periodic monitoring and
submission of reports on the institution's administrative and financial
responsibility to ascertain whether compliance and financial risk improves;
(3) require periodic collaborative
consultations with the institution on noncompliance with sections 136A.61 to
136A.71, or how the institution is managing financial health and risk;
(4) require the institution to submit
contingency plans such as teach-out plans or transfer pathways for students;
(5) prohibit the institution from
accepting tuition and fee payments made through cash, alternative loans, or the
equivalent, prior to the add/drop period of the current period of instruction;
(6)
prohibit the institution from enrolling new students;
(7) initiate alternative processes and
communications with students enrolled at the institution;
(8) require a surety bond under section
136A.646; or
(9) submit institution closure
information under section 136A.645.
(f) The office shall provide to the
institution written notice of the final determination and the actions taken
under paragraph (e).
Subd. 4. Data
classification. Data under
this section shall be classified as financial records under section 136A.64,
subdivision 2.
Sec. 28. Minnesota Statutes 2020, section 136A.68, is amended to read:
136A.68
RECORDS.
(a) A registered school shall maintain a permanent record for each student for 50 years from the last date of the student's attendance. A registered school offering distance instruction to a student located in Minnesota shall maintain a permanent record for each Minnesota student for 50 years from the last date of the student's attendance. Records include a student's academic transcript, documents, and files containing student data about academic credits earned, courses completed, grades awarded, degrees awarded, and periods of attendance.
(b) A registered school shall maintain
records required for professional licensure in Minnesota that are not included
in paragraph (a) for ten years from the last date of the student's attendance
or the number of years required by an institutional or programmatic accreditor,
whichever is greater.
(c) To preserve permanent records, a school shall submit a plan that meets the following requirements:
(1) at least one copy of the records must be held in a secure, fireproof depository or duplicate records must be maintained off site in a secure location and in a manner approved by the office;
(2) an appropriate official must be designated to provide a student with copies of records or a transcript upon request;
(3) an alternative method approved by the office of complying with clauses (1) and (2) must be established if the school ceases to exist; and
(4) if the school has no binding agreement approved by the office for preserving student records, a continuous surety bond or an irrevocable letter of credit issued by a financial institution must be filed with the office in an amount not to exceed $20,000. The bond or irrevocable letter of credit shall run to the state of Minnesota. In the event of a school closure, the surety bond or irrevocable letter of credit must be used by the office to retrieve, recover, maintain, digitize, and destroy academic records.
Sec. 29. Minnesota Statutes 2020, section 136A.822, subdivision 12, is amended to read:
Subd. 12. Permanent student records. (a) A private career school licensed under sections 136A.82 to 136A.834 and located in Minnesota shall maintain a permanent student record for each student for 50 years from the last date of the student's attendance. A private career school licensed under this chapter and offering distance instruction to a student located in Minnesota shall maintain a permanent record for each Minnesota student for
50 years from the last date of the student's attendance. Records include school transcripts, documents, and files containing student data about academic credits earned, courses completed, grades awarded, degrees awarded, and periods of attendance.
(b) A private career school licensed
under sections 136A.82 to 136A.834 and located in Minnesota shall maintain a permanent
student record required for professional licensure in Minnesota for each
student for ten years from the last date of the student's attendance or the
number of years required by an institutional or programmatic accreditor,
whichever is greater. A private career
school licensed under this chapter and offering distance instruction to a
student located in Minnesota shall maintain records required for professional
licensure in Minnesota that are not included in paragraph (a) for each
Minnesota student for ten years from the last date of the student's attendance
or the number of years required by an institutional or programmatic accreditor,
whichever is greater.
To preserve permanent student records, a private career school shall submit a plan that meets the following requirements:
(1) at least one copy of the records must be held in a secure, fireproof depository;
(2) an appropriate official must be designated to provide a student with copies of records or a transcript upon request;
(3) an alternative method, approved by the office, of complying with clauses (1) and (2) must be established if the private career school ceases to exist; and
(4) a continuous surety bond or irrevocable letter of credit issued by a financial institution must be filed with the office in an amount not to exceed $20,000 if the private career school has no binding agreement approved by the office, for preserving student records. The bond or irrevocable letter of credit shall run to the state of Minnesota. In the event of a school closure, the surety bond or irrevocable letter of credit must be used by the office to retrieve, recover, maintain, digitize, and destroy academic records.
Sec. 30. Minnesota Statutes 2020, section 136A.8225, is amended to read:
136A.8225
SCHOOL CLOSURE.
(a) When a school intends to cease postsecondary education operations, announces its closure, or is informed by the office that the office anticipates the school's closure due to its licensure status or ability to meet criteria for approval under section 136A.822, subdivision 8, the school must provide the office:
(1) a notice of closure, including the name of the school, the name of the school owner, an active mailing address and telephone number that the school owner may be reached at after the school physically closes, the name of the school director, and the planned date for termination of postsecondary operations;
(2) a report of all students currently enrolled and all students enrolled within the prior 120 days, including the following information for each student: name, address, school email address, alternate email address, program of study, number of credits completed, number of credits remaining, and enrollment status at closure;
(3) a report of refunds due to any student and the amount due;
(4) a written statement from the school's owner or designee affirming that all recruitment efforts, school marketing, advertisement, solicitation, and enrollment of new students has ceased;
(5) a copy of any communication between the school's accreditors about the school closure;
(6) confirmation that the requirements for student records under section 136A.822, subdivision 12, have been satisfied, including:
(i) the planned date for the transfer of the student records;
(ii) confirmation of the name and address of the organization to receive and hold the student records; and
(iii) the official at the organization receiving the student records who is designated to provide official copies of records or transcripts upon request;
(7) academic information, including the school's most recent catalog, all course syllabi, and faculty credential information; and
(8) copies of any teach-out, transfer, or train-out agreement between the school and a new school for students to be able to complete their studies. A teach-out fulfills the original contract or agreement between the closing school and the student. If a teach-out is arranged for another approved school to do the remaining occupational training, that other school must (i) provide comparable education and training and (ii) agree that students transferring from the closing school pay only what the cost of tuition and fees remain unpaid according to the terms and conditions in the enrollment agreement entered into between the student and the closing school.
(b) Without limitation as to other circumstance, a school shall be deemed to have ceased operations when the school:
(1) has an unscheduled nonemergency closure or cancellation of classes for more than 24 hours without prior notice to the office;
(2) announces it is closed or closing; or
(3) files for bankruptcy.; or
(4) fails to complete a renewal
application when required under section 136A.823, subdivision 3.
(c) When a school is deemed to have ceased operations, the office shall provide the school a reasonable time to correct student records and grant credentials. After that time, the office must revoke the school's license. This revocation is not appealable under section 136A.829, subdivision 2.
Sec. 31. Minnesota Statutes 2020, section 136A.823, is amended by adding a subdivision to read:
Subd. 3. Change
of ownership. Within 30 days
of a change of ownership, a school must submit a registration renewal
application, the information and materials for an initial registration under
section 136A.822, subdivision 4, and the applicable registration fees for a new
institution under section 136A.824, subdivision 1. For purposes of this subdivision,
"change of ownership" means: a
merger or consolidation with a corporation; a sale, lease, exchange, or other
disposition of all or substantially all of the assets of a school; the transfer
of a controlling interest of at least 51 percent
of the school's stock; entering into receivership; or a change in the nonprofit
or for-profit status of a school.
Sec. 32. Minnesota Statutes 2020, section 136A.827, subdivision 4, is amended to read:
Subd. 4. Proration. (a) When a student has been
accepted by a private career school and gives notice of cancellation after the
program of instruction has begun, but before completion of 75 percent of the
program, the amount charged for tuition, fees and all other charges shall be
prorated based on the number of days in the term as a portion of the total
charges for tuition, fees and all other charges. An additional 25 percent of the total cost of
the
program
may be added but shall not exceed $100. After
completion of 75 percent of the program, no refunds are required. the
student is entitled to a refund if, at the last documented date of attendance,
the student has not completed at least 75 percent of the entire program of
instruction. For purposes of this
subdivision, program of instruction is calculated under paragraph (c) or (d). Program of instruction does not mean one
term, a payment period, a module, or any other portion of the entire
instructional program.
(b) A notice of cancellation from a student under this subdivision must be confirmed in writing by the private career school and mailed to the student's last known address. The confirmation from the school must state that the school has withdrawn the student from enrollment, and if this action was not the student's intent, the student must contact the school.
(c) The length of a program of
instruction for a program that has a defined calendar start and end date that
does not change after the program has begun equals the number of days from the
first scheduled date of the program through the last scheduled date of the
program. To calculate the completion
percentage, divide the number of calendar days from the first date of the
program through the student's last documented date of attendance by the length
of the program of instruction, and truncate the result after the second digit
following the decimal point. If the
completion percentage is less than 75 percent, the private career school may
retain:
(1) tuition, fees, and charges equal to
the total of tuition, fees, and charges multiplied by the completion
percentage; plus
(2) the initial program application
fees, not to exceed $50; plus
(3) the lesser of (i) 25 percent of the
total tuition, or (ii) $100.
(d) The length of a program of
instruction for a program that is measured in clock hours equals the number of
clock hours the student was scheduled to attend. To calculate the completion percentage,
divide the number of clock hours that the student actually attended by the
length of the program of instruction, and truncate the result after the second
digit following the decimal point. If
the completion percentage is less than 75 percent, the private career school
may retain:
(1) tuition, fees, and charges equal to
the total of tuition, fees, and charges multiplied by the completion
percentage; plus
(2) the initial program application
fees, not to exceed $50; plus
(3) the lesser of (i) 25 percent of the
total tuition, or (ii) $100.
Sec. 33. Minnesota Statutes 2020, section 136A.827, subdivision 8, is amended to read:
Subd. 8.
Cancellation occurrence. Written notice of cancellation shall
take place on the date the letter of cancellation is postmarked or, in the
cases where the notice is hand carried, it shall occur on the date the notice
is delivered to the private career school.
Notice of cancellation shall be the date a student notifies a private
career school of the student's intention to withdraw or otherwise leave the
program of study. The student is not
required to provide a written notice. The
private career school may require a student to provide the student's
notification only to specific offices or personnel at the school as long as
this requirement is documented as part of the "Student's Right to
Cancel" in all places that the information appears, including on the
private career school's website. The
date of the notice of cancellation may or may not be the same date as the
student's last documented date of attendance. If a student has not attended class for a
period of 21 14 consecutive days without contacting the private
career school to indicate an intent to continue in the private career school
provide notice of cancellation or otherwise making make
arrangements concerning the absence, the student is considered to have
withdrawn from the private career school for all purposes as of the student's
last documented date of attendance.
Sec. 34. Minnesota Statutes 2020, section 136F.245, subdivision 1, is amended to read:
Subdivision 1. Establishment. A Hunger-Free Campus designation for
Minnesota State community and technical colleges is established for
public postsecondary institutions and for nonprofit degree-granting institutions
physically located in Minnesota and registered with the Office of Higher
Education under section 136A.63. In
order to be awarded the designation, a campus an institution must
meet the following minimum criteria:
(1) have an established on-campus food pantry or partnership with a local food bank to provide regular, on‑campus food distributions;
(2) provide information to students on SNAP, MFIP, and other programs that reduce food insecurity;
(3) hold or participate in one hunger awareness event per academic year;
(4) have an established emergency assistance grant that is available to students; and
(5) establish a hunger task force that
meets a minimum of three times per academic year. The task force must include at least two
students currently enrolled at the college institution.
Sec. 35. Minnesota Statutes 2020, section 136F.245, subdivision 2, is amended to read:
Subd. 2. Designation
approval. (a) The statewide
student association associations representing the state
community and technical colleges and the state universities shall create
an application process and a nonmonetary an award, and provide
final approval for the designation at each state college and
university, respectively.
(b) The University of Minnesota
statewide student association shall create an application process and an award,
and provide final approval for the designation at each University of Minnesota
campus.
(c) The Minnesota Association of
Private College Students shall create an application process and an award, and
provide final approval for the designation at each nonprofit degree-granting
institution.
Sec. 36. Minnesota Statutes 2020, section 136F.305, is amended to read:
136F.305
Z-DEGREES.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Custom textbook" means
course materials that are compiled by a publisher at the direction of a faculty
member or, if applicable, the other adopting entity in charge of selecting
course materials for courses taught at a state college or university. Custom textbooks may include items such as
selections from original instructor materials, previously copyrighted publisher
materials, copyrighted third-party works, or elements unique to a specific
state college or university.
(b) "Course" means a single
unit of teaching in one subject area led by one or more instructors with a
definite start and end date and a fixed roster of students.
(c) "Course materials" means
a hard-copy or digital book, printed pages of instructional material, including
consumable workbooks, lab manuals, subscriptions, online homework and quizzing
platforms, and other required physical and digital content.
(d) "Course section" means an
instance of a course.
(c)
(e) "Incentive" means anything provided to faculty to
identify, review, adapt, author, or adopt open textbooks educational
resources.
(d) (f) "Open
educational resources" means high-quality teaching, learning, and
research resources materials that reside are in the
public domain or have been released under an intellectual property license that
permits their free use and repurposing by others, and may include other
resources that are legally available and free of cost to students. Open educational resources include course
materials, modules, custom and open textbooks, articles, faculty-created
content, streaming videos, tests, software, and any other tools, materials, or
techniques used to support access to knowledge textbooks and curricula,
syllabi, lecture notes, assignments, tests, projects, audio, video, and
animation.
(e) (g) "Open
textbook" means a textbook that is distributed using an open copyright
a type of open educational resource released under an intellectual property
license that at a minimum allows a student to obtain, retain, reuse, and
redistribute the material at no cost.
(h) "Library-curated
materials" means diverse resources purchases by the library at no
additional cost to the student for the supplementation or replacement of course
materials.
(f) (i) "System
office" means the Minnesota State Colleges and Universities system office.
(g) (j) "Z-Degree"
means a zero-textbook-cost complete associate's or bachelor's
degree program that exclusively uses course materials that are no cost to
students such as open educational resources, open textbooks, and library‑curated
materials. Students may still
incur costs for printing digital materials or for the following: art supplies, calculators, equipment, fees in
statute or policy mandated to be charged by all colleges and universities,
campus discretionary fees established by the board and adopted by the college,
personal property, and service charges or course activities having value
outside of the classroom.
Subd. 2. Requirement. (a) Three additional colleges must
offer the opportunity to earn a Z-Degree by academic year 2020-2021. A college's Two additional colleges
or universities must offer the opportunity to earn a Z-Degree by academic year
2023-2024. Course offerings for
its in a Z-Degree program must include at least two distinct courses
in each transfer curriculum goal area and at least enough credits in each
transfer curriculum goal area to complete the transfer curriculum package.
(b) The Minnesota State Colleges and
Universities shall support a continuous process for colleges and universities
to implement Z-Degrees, expand Z-Degree courses and sections, and sustain
existing Z-Degrees.
Subd. 3. Open
educational resource development. (a)
The Minnesota State Colleges and Universities must develop a program to
offer a Z-degree at three additional colleges by expanding the use of open
educational resources, including custom and open textbooks. The system office must provide opportunities
for faculty to identify, review, adapt, author, create, share, and
adopt open educational resources. The
system office must develop incentives to academic departments to identify,
review, adapt, author, or adopt open educational resources within their
academic programs.
(b) The programs and incentives developed under this subdivision must be implemented pursuant to faculty collective bargaining agreements.
Subd. 4. Report. Annually by January 15, the board
must submit reports by January 13, 2021, and January 12, 2022, to the
chairs and ranking minority members of the legislative committees with
jurisdiction over higher education. Each
report must include (1) the number of courses and course sections
transitioned to using an open textbook resulting from the programs in this
section into a new Z-Degree, and (2) the total amount of student
textbook savings resulting from the transitions.
Sec. 37. Minnesota Statutes 2020, section 136F.38, subdivision 3, is amended to read:
Subd. 3. Program
eligibility. (a) Scholarships shall
be awarded only to a student eligible for resident tuition, as defined in
section 135A.043, who is enrolled in any of the following programs of study or
certification: (1) advanced
manufacturing; (2) agriculture; (3) health care services; (4) information
technology; (5) early childhood; or (6) transportation; or (7) a
program of study under paragraph (b).
(b) Each institution may add one
additional area of study or certification, based on a workforce shortage for
full‑time employment requiring postsecondary education that is unique to
the institution's specific region, as reported in the most recent Department of
Employment and Economic Development job vacancy survey data for the economic
development region in which the institution is located. A workforce shortage area is one in which the
job vacancy rate for full-time employment in a specific occupation in a region
is higher than the state average vacancy rate for that same occupation. The institution may change the area of study
or certification based on new data once every two years.
(c) The student must be enrolled for at least nine credits in the Minnesota State Colleges and Universities system.
Sec. 38. Minnesota Statutes 2020, section 136G.05, subdivision 10, is amended to read:
Subd. 10. Data. (a) Account owner data, account
data, and data on beneficiaries of accounts are private data on individuals or
nonpublic data as defined in section 13.02, except that the names and
addresses of the beneficiaries of accounts that receive matching grants are public
unless the data qualifies for the exception in paragraph (b).
(b) The commissioner may share an
account owner's name and Social Security number with the Department of Revenue
in order to compile studies under section 270B.04. Data sharing authorized by this paragraph is
only for purposes of evaluative research and analysis of the plan in order to
make ongoing informed decisions regarding plan administration.
Sec. 39. DIRECT
ADMISSIONS PILOT PROGRAM.
Subdivision 1. Authorization. The commissioner of the Office of
Higher Education shall develop a pilot program in consultation with
stakeholders including Minnesota State Colleges and Universities, the Minnesota
Department of Education, the Minnesota Association of Secondary School
Principals, and the Minnesota School Board Association, to automatically offer
conditional admission to Minnesota public high school seniors based on a
student's high school grade point average, high school and college transcript
information, standardized tests, statewide assessments, and other measures as
determined by stakeholders.
Subd. 2. Pilot
design and goals. The pilot
program shall establish and, to the extent feasible, implement a process for
leveraging existing kindergarten through grade 12 and higher education student
information systems to automate the admissions process for students. The pilot program will specifically evaluate
the impact this process has on outcomes for students with lower levels of
college knowledge, low-income students, and students from populations
underserved in higher education. Initial
pilot program participants must include high schools with a significant number
of students of color, low-income students, or both.
Subd. 3. Evaluation
and report. By February 1,
2022, the Office of Higher Education shall report to the legislative committees
with jurisdiction over kindergarten through grade 12 education finance and
policy and higher education on activities occurring under this section. The report must include but is not limited to
information about the pilot program design, implementation challenges and
recommendations, and the feasibility of scaling the program to all public high
schools.
Sec. 40. CAREER
AND TECHNICAL EDUCATOR PILOT PROJECT.
By the 2024-2025 academic year, Winona
State University must develop a teacher preparation program that leads to
initial licensure in at least one license area under Minnesota Rules, parts
8710.8000 to 8710.8080. Winona State
University must partner with Minnesota State College Southeast to provide the
subject matter training necessary for license areas chosen. If practical, the partnership must result in
a candidate earning an associate's degree from Minnesota State College
Southeast and a bachelor's degree from Winona State University. Money appropriated for this project under
article 1, section 3, subdivision 5, may be used for any of the following
purposes:
(1) analyzing existing course offerings
at both institutions to determine compliance with the requirements of Minnesota
Rules, chapter 8705, and parts 8710.8000 to 8710.8080;
(2) determining any courses that need to
be adjusted or created by each institution;
(3) designing and implementing any
needed course; and
(4) providing administrative support for
gaining approval of the program from the Professional Educator Licensing and
Standards Board.
Sec. 41. STUDY
AND REPORT ON THE WORK-STUDY PROGRAM.
(a) The commissioner of the Office of
Higher Education must conduct a study of the work-study program under Minnesota
Statutes, sections 136A.231 to 136A.233.
The study must analyze how the program could be expanded to meet the
needs of college students and enable more students to work on campus. The study should include an assessment of:
(1) the interplay between state, federal,
and institutional work-study programs and funds;
(2) the impact of minimum wage laws and
ordinances on the program;
(3) the ability of the program to
require a wage for student workers that is higher than the prevailing minimum
wage set by law;
(4) the number of hours students should
be working on campus; and
(5) options for legislative and
administrative actions to expand the work-study program along with the
anticipated costs of those actions.
(b) By January 15, 2023, the
commissioner shall report to the legislature as provided in Minnesota Statutes,
section 3.195, and to the chairs and ranking minority members of the
legislative committees with jurisdiction over higher education on the results
of the study.
Sec. 42. REVISOR
INSTRUCTION.
In Minnesota Statutes, the revisor of
statutes shall renumber section 136F.245, as amended by this act, as 135A.137.
Sec. 43. REPEALER.
(a) Minnesota Statutes 2020, sections
136A.1703; 136A.823, subdivision 2; and 136F.245, subdivision 3, are repealed.
(b) Minnesota Rules, parts 4830.9050;
4830.9060; 4830.9070; 4830.9080; and 4830.9090, are repealed."
Delete the title and insert:
"A bill for an act relating to higher education; providing funding and policy changes for the Office of Higher Education, Minnesota State Colleges and Universities, the University of Minnesota, and the Mayo Clinic; freezing certain tuition rates; creating and modifying certain student aid programs; restricting limitations on student access to transcripts; modifying certain school accountability provisions; expanding the hunger-free campus designation; modifying data provision of the college savings plan; establishing pilot projects; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 136A.121, subdivisions 2, 6, 9; 136A.125, subdivisions 2, 4; 136A.126, subdivisions 1, 4; 136A.1275; 136A.1704; 136A.246, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, by adding a subdivision; 136A.63, subdivision 2; 136A.645; 136A.653, subdivision 5; 136A.675; 136A.68; 136A.822, subdivision 12; 136A.8225; 136A.823, by adding a subdivision; 136A.827, subdivisions 4, 8; 136F.245, subdivisions 1, 2; 136F.305; 136F.38, subdivision 3; 136G.05, subdivision 10; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; repealing Minnesota Statutes 2020, sections 136A.1703; 136A.823, subdivision 2; 136F.245, subdivision 3; Minnesota Rules, parts 4830.9050; 4830.9060; 4830.9070; 4830.9080; 4830.9090."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 1030, A bill for an act relating to judiciary; amending law and appropriating money for courts, Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, and human rights; amending Minnesota Statutes 2020, sections 363A.36, subdivision 2; 363A.44, subdivision 2; 477A.03, subdivision 2b; 611.27, subdivisions 9, 10, 11, 13, 15.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
APPROPRIATIONS
Section 1. APPROPRIATIONS. |
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 "2022" and
"2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year"
is fiscal year 2022. "The second
year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2022 |
2023 |
Sec. 2. SUPREME
COURT |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$61,132,000 |
|
$61,780,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Supreme
Court Operations |
|
44,204,000
|
|
43,582,000
|
(a) Contingent Account
$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.
(b) Insurance Cost Increases
$306,000 in fiscal year 2022 and $661,000
in fiscal year 2023 are to fund increases in insurance costs.
(c) Increased Compensation
$1,139,000 in fiscal year 2023 is for
increased compensation for judges and other employees.
(d) Minnesota Court Record Online Application
$741,000 in fiscal year 2022 is to fund
critical improvements to the Minnesota Court Record Online application. This is a onetime appropriation.
(e) Cybersecurity Program
$375,000 in fiscal year 2022 is to fund
critical improvements to the judiciary branch cybersecurity program. This is a onetime appropriation.
(f) Courthouse Safety
$1,000,000 in fiscal year 2022 is for a
competitive grant program established by the chief justice for the distribution
of safe and secure courthouse fund grants to governmental entities responsible
for providing or maintaining a courthouse or other facility where court
proceedings are held. Grant recipients
must provide a 50 percent nonstate match.
This is a onetime appropriation and is available until June 30, 2024.
Subd. 3. Civil
Legal Services |
|
16,928,000
|
|
18,198,000
|
(a) Legal Services to Low-Income Clients in Family Law Matters
$1,017,000 each year is to improve the
access of low-income clients to legal representation in family law matters. This appropriation must be distributed under
Minnesota Statutes,
section
480.242, to the qualified legal services program described in Minnesota
Statutes, section 480.242, subdivision 2, paragraph (a). Any unencumbered balance remaining in the
first year does not cancel and is available in the second year.
(b) Base Adjustment
The base appropriation for civil legal
services shall be $18,387,000 in fiscal year 2024 and beyond.
Sec. 3. COURT
OF APPEALS |
|
$13,234,000 |
|
$13,634,000 |
(a) Insurance Cost Increases
$71,000 in fiscal year 2022 and $155,000 in
fiscal year 2023 are to fund increases in insurance costs.
(b) Increased Compensation
$316,000 in fiscal year 2023 is for increased
compensation for judges and other employees.
Sec. 4. DISTRICT
COURTS |
|
$320,509,000 |
|
$330,704,000 |
(a) Insurance Cost Increases
$2,425,000 in fiscal year 2022 and
$5,232,000 in fiscal year 2023 are to fund increases in insurance costs.
(b) Increased Compensation
$7,421,000 in fiscal year 2023 is for
increased compensation for judges and other employees.
(c) Interpreter Compensation
$400,000 in fiscal year 2022 and $400,000
in fiscal year 2023 are to increase hourly fees paid to qualified certified and
uncertified interpreters who are independent contractors and assist persons
disabled in communication in legal proceedings.
Sec. 5. GUARDIAN
AD LITEM BOARD |
|
$22,206,000 |
|
$22,889,000 |
Sec. 6. TAX
COURT |
|
$1,827,000 |
|
$1,841,000 |
Sec. 7. UNIFORM
LAWS COMMISSION |
|
$100,000 |
|
$100,000 |
Sec. 8. BOARD
ON JUDICIAL STANDARDS |
|
$580,000 |
|
$586,000 |
(a) Availability of Appropriation
If the appropriation for either year is
insufficient, the appropriation for the other fiscal year is available.
(b) Major Disciplinary Actions
$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, 2025.
Sec. 9. BOARD
OF PUBLIC DEFENSE |
|
$109,770,000 |
|
$112,468,000 |
(a) Public Defense Corporations
$74,000 the first year and $152,000 the
second year are for increases to public defense corporations.
(b) Postconviction Relief Petitions
$187,000 in fiscal year 2022 is for
contract attorneys to represent individuals who file postconviction relief
petitions.
Sec. 10. HUMAN
RIGHTS |
|
$5,668,000 |
|
$5,768,000 |
Additional Staffing and Administrative Costs
$345,000 in fiscal year 2022 and $350,000
in fiscal year 2023 are for improving caseload processing, costs associated
with prohibiting rental discrimination, staff and administrative costs
necessary to collect and report on crimes of bias, and to develop training
materials with the Board of Peace Officer Standards and Training.
Sec. 11. OFFICE
OF THE STATE AUDITOR |
|
$64,000 |
|
$30,000 |
Forfeiture Reporting
$64,000 in fiscal year 2022 and $30,000 in
fiscal year 2023 are for costs associated with forfeiture reporting
requirements.
Sec. 12. DEPARTMENT
OF PUBLIC SAFETY |
|
$24,000 |
|
$-0- |
Forfeiture Notices
$24,000 in fiscal year 2022 is for costs
for technological upgrades required for generating forfeiture notices and
property receipts.
Sec. 13. FEDERAL
FUNDS REPLACEMENT; APPROPRIATION.
Notwithstanding any law to the
contrary, the commissioner of management and budget must determine whether the
expenditures authorized under this act are eligible uses of federal funding
received under the Coronavirus State Fiscal Recovery Fund or any other federal
funds received by the state under the American Rescue Plan Act, Public
Law
117-2. If the commissioner of management
and budget determines an expenditure is eligible for funding under Public Law
117-2, the amount of the eligible expenditure is appropriated from the account
where those amounts have been deposited and the corresponding general fund
amounts appropriated under this act are canceled to the general fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 2
ACCESS TO COURTS; DISTRIBUTION OF FEES; DEADLINES
Section 1. Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:
Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten judicial districts composed of the following named counties, respectively, in each of which districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe and one other shall be maintained at the place designated by the chief judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert Lea, Austin, Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue
Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, Murray,
Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 17
judges; and permanent chambers shall be maintained in Marshall, Windom,
Fairmont, New Ulm, and Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers shall be maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places designated by the chief judge of the district.
Sec. 2. Minnesota Statutes 2020, section 260C.163, subdivision 3, is amended to read:
Subd. 3. Appointment of counsel. (a) The child, parent, guardian or custodian has the right to effective assistance of counsel in connection with a proceeding in juvenile court as provided in this subdivision.
(b) Except in proceedings where the sole basis for the petition is habitual truancy, if the child desires counsel but is unable to employ it, the court shall appoint counsel to represent the child who is ten years of age or older under section 611.14, clause (4), or other counsel at public expense.
(c) Except in proceedings where the
sole basis for the petition is habitual truancy, if the parent, guardian, or
custodian desires counsel but is unable to employ it, the court shall appoint
counsel to represent the parent, guardian, or custodian in any case in which it
feels that such an appointment is appropriate if the person would be
financially unable to obtain counsel under the guidelines set forth in section
611.17. In all juvenile
protection proceedings where a child risks removal from the care of the child's
parent, guardian, or custodian, including a child in need of protection or
services petition, an action pursuing removal of a child from the child's home,
a termination of parental rights petition, or a petition for any other
permanency disposition under section 260C.515, if the parent, guardian, or
custodian desires counsel and is eligible for counsel under section 611.17, the
court shall appoint counsel to represent each parent, guardian, or custodian at
the first hearing on the petition and at all stages of the proceedings. Court appointed counsel shall be at county
expense as outlined in paragraph (h).
(d) In any proceeding where the subject of a petition for a child in need of protection or services is ten years of age or older, the responsible social services agency shall, within 14 days after filing the petition or at the emergency removal hearing under section 260C.178, subdivision 1, if the child is present, fully and effectively inform the child of the child's right to be represented by appointed counsel upon request and shall notify the court as to whether the child desired counsel. Information provided to the child shall include, at a minimum, the fact that counsel will be provided without charge to the child, that the child's communications with counsel are confidential, and that the child has the right to participate in all proceedings on a petition, including the opportunity to personally attend all hearings. The responsible social services agency shall also, within 14 days of the child's tenth birthday, fully and effectively inform the child of the child's right to be represented by counsel if the child reaches the age of ten years while the child is the subject of a petition for a child in need of protection or services or is a child under the guardianship of the commissioner.
(e) In any proceeding where the sole basis for the petition is habitual truancy, the child, parent, guardian, and custodian do not have the right to appointment of a public defender or other counsel at public expense. However, before any out-of-home placement, including foster care or inpatient treatment, can be ordered, the court must appoint a public defender or other counsel at public expense in accordance with this subdivision.
(f) Counsel for the child shall not also act as the child's guardian ad litem.
(g) In any proceeding where the subject of a petition for a child in need of protection or services is not represented by an attorney, the court shall determine the child's preferences regarding the proceedings, including informing the child of the right to appointed counsel and asking whether the child desires counsel, if the child is of suitable age to express a preference.
(h) Court-appointed counsel for the
parent, guardian, or custodian under this subdivision is at county expense. If the county has contracted with counsel meeting
qualifications under paragraph (i), the court shall appoint the counsel retained
by the county, unless a conflict of interest exists. If a conflict exists, after consulting with
the chief judge of the judicial district or the judge's designee, the county
shall contract with competent counsel to provide the necessary representation. The court may appoint only one counsel at
public expense for the first court hearing to represent the interests of the
parents, guardians, and custodians, unless, at any time during the proceedings
upon petition of a party, the court determines and makes written findings on
the record that extraordinary circumstances exist that require counsel to be
appointed to represent a separate interest of other parents, guardians, or
custodians subject to the jurisdiction of the juvenile court.
(i)
Counsel retained by the county under paragraph (h) must meet the qualifications
established by the Judicial Council in at least one of the following: (1) has a minimum of two years' experience
handling child protection cases; (2) has training in handling child protection
cases from a course or courses approved by the Judicial Council; or (3) is
supervised by an attorney who meets the minimum qualifications under clause (1)
or (2).
EFFECTIVE
DATE. This section is
effective July 1, 2022, except the amendment striking paragraph (i) is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2020, section 357.021, subdivision 1a, is amended to read:
Subd. 1a. Transmittal of fees to commissioner of management and budget. (a) Every person, including the state of Minnesota and all bodies politic and corporate, who shall transact any business in the district court, shall pay to the court administrator of said court the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court administrator shall transmit the fees monthly to the commissioner of management and budget for deposit in the state treasury and credit to the general fund. $30 of each fee collected in a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner of management and budget in the special revenue fund and is appropriated to the commissioner of employment and economic development for the Minnesota Family Resiliency Partnership under section 116L.96.
(b) In a county which has a screener-collector position, fees paid by a county pursuant to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the fees first to reimburse the county for the amount of the salary paid for the screener-collector position. The balance of the fees collected shall then be forwarded to the commissioner of management and budget for deposit in the state treasury and credited to the general fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which has a screener-collector position, the fees paid by a county shall be transmitted monthly to the commissioner of management and budget for deposit in the state treasury and credited to the general fund. A screener-collector position for purposes of this paragraph is an employee whose function is to increase the collection of fines and to review the incomes of potential clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the public authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery of overpayments of public assistance;
(5) court relief under chapters 260, 260A, 260B, and 260C;
(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or public institutions under sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, and 260C.331, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14, subdivision 5.
(d) $20 from each fee collected for child support modifications under subdivision 2, clause (13), must be transmitted to the county treasurer for deposit in the county general fund and $35 from each fee shall be credited to the state general fund. The fees must be used by the county to pay for child support enforcement efforts by county attorneys.
(e) No fee is required under this
section from any federally recognized Indian Tribe or its representative in an
action for:
(1) child support enforcement or
modification, medical assistance enforcement, or establishment of parentage in
the district court or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3)
the appointment of a public conservator or public guardian or any other action
under chapters 252A and 525; or
(4) court relief under chapters 260,
260A, 260B, 260C, and 260D.
Sec. 4. Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:
Subd. 2b. Counties. (a) For aids payable in 2018 and 2019,
the total aid payable under section 477A.0124, subdivision 3, is $103,795,000,
of which $3,000,000 shall be allocated as required under Laws 2014, chapter
150, article 4, section 6. For aids
payable in 2020, the total aid payable under section 477A.0124, subdivision 3,
is $116,795,000, of which $3,000,000 shall be allocated as required under Laws
2014, chapter 150, article 4, section 6.
For aids payable in 2021 through 2024, the total aid payable under
section 477A.0124, subdivision 3, is $118,795,000, of which $3,000,000 shall be
allocated as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. Each calendar year, On or before
the first installment date provided in section 477A.015, paragraph (a),
$500,000 of this appropriation shall be retained transferred each
year by the commissioner of revenue to make reimbursements to the
commissioner of management and budget the Board of Public Defense
for payments made the payment of service under section 611.27. The reimbursements shall be to defray the
additional costs associated with court-ordered counsel under section 611.27. Any retained transferred
amounts not used for reimbursement expended or encumbered in a fiscal
year shall be certified by the Board of Public Defense to the commissioner
of revenue on or before October 1 and shall be included in the next distribution
certification of county need aid that is certified to the county
auditors for the purpose of property tax reduction for the next taxes payable
year.
(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision 4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124, subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall transfer to the commissioner of management and budget $207,000 annually for the cost of preparation of local impact notes as required by section 3.987, and other local government activities. The commissioner of revenue shall transfer to the commissioner of education $7,000 annually for the cost of preparation of local impact notes for school districts as required by section 3.987. The commissioner of revenue shall deduct the amounts transferred under this paragraph from the appropriation under this paragraph. The amounts transferred are appropriated to the commissioner of management and budget and the commissioner of education respectively.
Sec. 5. Minnesota Statutes 2020, section 484.85, is amended to read:
484.85
DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY COUNTY DISTRICT
COURT.
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a municipality or subdivision of government within Ramsey County for violation of a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and forfeitures collected by the court administrator shall be deposited in the state
treasury and distributed according to this paragraph. Except where a different disposition is provided by section 299D.03, subdivision 5, or other law, on or before the last day of each month, the court shall pay over all fines, penalties, and forfeitures collected by the court administrator during the previous month as follows:
(1) for offenses committed within the
city of St. Paul, two-thirds paid to the treasurer of the city of St. Paul
municipality or subdivision of government within Ramsey County and
one-third credited to the state general fund; and.
(2) for offenses committed within any
other municipality or subdivision of government within Ramsey County, one-half
paid to the treasurer of the municipality or subdivision of government and
one-half credited to the state general fund.
All other fines, penalties, and forfeitures collected by the district court shall be distributed by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a) when:
(1) a city contracts with the county attorney for prosecutorial services under section 484.87, subdivision 3; or
(2) the attorney general provides assistance to the city attorney under section 484.87, subdivision 5.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 6. Minnesota Statutes 2020, section 590.01, subdivision 4, is amended to read:
Subd. 4. Time
limit. (a) No petition for
postconviction relief may be filed more than two years after the later of:
(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or
(2) an appellate court's disposition of petitioner's direct appeal.
(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief if:
(1) the petitioner establishes that a physical disability or mental disease precluded a timely assertion of the claim;
(2) the petitioner alleges the existence of newly discovered evidence, including scientific evidence, that could not have been ascertained by the exercise of due diligence by the petitioner or petitioner's attorney within the two‑year time period for filing a postconviction petition, and the evidence is not cumulative to evidence presented at trial, is not for impeachment purposes, and establishes by a clear and convincing standard that the petitioner is innocent of the offense or offenses for which the petitioner was convicted;
(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory law by either the United States Supreme Court or a Minnesota appellate court and the petitioner establishes that this interpretation is retroactively applicable to the petitioner's case;
(4) the petition is brought pursuant to
subdivision 3; or
(5) the petitioner establishes to the
satisfaction of the court that the petition is not frivolous and is in the
interests of justice.; or
(6) the petitioner is either placed into
immigration removal proceedings, or detained for the purpose of removal from
the United States, or received notice to report for removal, as a result of a
conviction that was obtained by relying on incorrect advice or absent advice
from counsel on immigration consequences.
(c) Any petition invoking an exception provided in paragraph (b) must be filed within two years of the date the claim arises.
Sec. 7. Minnesota Statutes 2020, section 611.21, is amended to read:
611.21
SERVICES OTHER THAN COUNSEL.
(a) Counsel appointed by the court for an indigent defendant, or representing a defendant who, at the outset of the prosecution, has an annual income not greater than 125 percent of the poverty line established under United States Code, title 42, section 9902(2), may file an ex parte application requesting investigative, expert, interpreter, or other services necessary to an adequate defense in the case. Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the services on behalf of the defendant. The court may establish a limit on the amount which may be expended or promised for such services. The court may, in the interests of justice, and upon a finding that timely procurement of necessary services could not await prior authorization, ratify such services after they have been obtained, but such ratification shall be given only in unusual situations. The court shall determine reasonable compensation for the services and direct payment by the county in which the prosecution originated, to the organization or person who rendered them, upon the filing of a claim for compensation supported by an affidavit specifying the time expended, services rendered, and expenses incurred on behalf of the defendant, and the compensation received in the same case or for the same services from any other source.
(b) The compensation to be paid to a person for such service rendered to a defendant under this section, or to be paid to an organization for such services rendered by an employee, may not exceed $1,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the court as necessary to provide fair compensation for services of an unusual character or duration and the amount of the excess payment is approved by the chief judge of the district. The chief judge of the judicial district may delegate approval authority to an active district judge.
(c) If the court denies authorizing counsel to obtain services on behalf of the defendant, the court shall make written findings of fact and conclusions of law that state the basis for determining that counsel may not obtain services on behalf of the defendant. When the court issues an order denying counsel the authority to obtain services, the defendant may appeal immediately from that order to the court of appeals and may request an expedited hearing.
Sec. 8. Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:
Subd. 9. Request
for other appointment of counsel. The
chief district public defender with the approval of may request that
the state public defender may request that the chief judge of the district
court, or a district court judge designated by the chief judge, authorize
appointment of counsel other than the district public defender in such cases.
Sec. 9. Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:
Subd. 10. Addition
of permanent staff. The chief public
defender may not request the court nor may the court order state
public defender approve the addition of permanent staff under subdivision
7.
Sec. 10. Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:
Subd. 11. Appointment
of counsel. If the court state
public defender finds that the provision of adequate legal representation,
including associated services, is beyond the ability of the district public
defender to provide, the court shall order state public defender may
approve counsel to be appointed, with compensation and expenses to be
paid
under the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed by
the chief district public defender. If
the court issues an order denying the request, the court shall make written
findings of fact and conclusions of law.
Upon denial, the chief district public defender may immediately appeal
the order denying the request to the court of appeals and may request an
expedited hearing.
Sec. 11. Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:
Subd. 13. Correctional
facility inmates. All billings for
services rendered and ordered under subdivision 7 shall require the approval of
the chief district public defender before being forwarded on a monthly basis
to the state public defender. In cases
where adequate representation cannot be provided by the district public
defender and where counsel has been appointed under a court order approved
by the state public defender, the state public defender Board of
Public Defense shall forward to the commissioner of management and
budget pay all billings for services rendered under the court
order. The commissioner shall pay for
services from county program aid retained transferred by the
commissioner of revenue for that purpose under section 477A.03, subdivision 2b,
paragraph (a).
The costs of appointed counsel and associated services in cases arising from new criminal charges brought against indigent inmates who are incarcerated in a Minnesota state correctional facility are the responsibility of the state Board of Public Defense. In such cases the state public defender may follow the procedures outlined in this section for obtaining court-ordered counsel.
Sec. 12. Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:
Subd. 15. Costs
of transcripts. In appeal cases and
postconviction cases where the appellate public defender's office does not have
sufficient funds to pay for transcripts and other necessary expenses because it
has spent or committed all of the transcript funds in its annual budget, the state
public defender may forward to the commissioner of management and budget all
billings for transcripts and other necessary expenses. The commissioner shall Board of Public
Defense may pay for these transcripts and other necessary expenses from
county program aid retained transferred by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
ARTICLE 3
VICTIMS; CRIMINAL DEFENDANTS
Section 1. Minnesota Statutes 2020, section 5B.02, is amended to read:
5B.02
DEFINITIONS.
(a) For purposes of this chapter and unless the context clearly requires otherwise, the definitions in this section have the meanings given them.
(b) "Address" means an individual's work address, school address, or residential street address, as specified on the individual's application to be a program participant under this chapter.
(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible minor, or a guardian acting on behalf of an incapacitated person, as defined in section 524.5-102.
(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2, paragraph (a), and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.
(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in section 524.5-102 for whom there is good reason to believe (1) that the eligible person is a victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible person fears for the person's safety, the safety of another person who
resides in the same household, or the safety of persons on whose behalf the application is made. An individual must reside in Minnesota in order to be an eligible person. A person registered or required to register as a predatory offender under section 243.166 or 243.167, or the law of another jurisdiction, is not an eligible person.
(f) "Mail" means first class
letters and flats delivered via the United States Postal Service, including
priority, express, and certified mail, and excluding packages, parcels, (1)
periodicals, and catalogues, and (2) packages and parcels unless
they are clearly identifiable as nonrefrigerated pharmaceuticals or
clearly indicate that they are sent by the federal government or a state
or county government agency of the continental United States, Hawaii,
District of Columbia, or United States territories.
(g) "Program participant" means an individual certified as a program participant under section 5B.03.
(h) "Harassment" or "stalking" means acts criminalized under section 609.749 and includes a threat of such acts committed against an individual, regardless of whether these acts or threats have been reported to law enforcement officers.
Sec. 2. Minnesota Statutes 2020, section 5B.05, is amended to read:
5B.05
USE OF DESIGNATED ADDRESS.
(a) When a program participant presents the address designated by the secretary of state to any person or entity, that address must be accepted as the address of the program participant. The person may not require the program participant to submit any address that could be used to physically locate the participant either as a substitute or in addition to the designated address, or as a condition of receiving a service or benefit, unless the service or benefit would be impossible to provide without knowledge of the program participant's physical location. Notwithstanding a person's or entity's knowledge of a program participant's physical location, the person or entity must use the program participant's designated address for all mail correspondence with the program participant.
(b) A program participant may use the address designated by the secretary of state as the program participant's work address.
(c) The Office of the Secretary of State shall forward all mail sent to the designated address to the proper program participants.
(d) If a program participant has notified a person in writing, on a form prescribed by the program, that the individual is a program participant and of the requirements of this section, the person must not knowingly disclose the program participant's name, home address, work address, or school address, unless the person to whom the address is disclosed also lives, works, or goes to school at the address disclosed, or the participant has provided written consent to disclosure of the participant's name, home address, work address, or school address for the purpose for which the disclosure will be made. This paragraph applies to the actions and reports of guardians ad litem, except that guardians ad litem may disclose the program participant's name. This paragraph does not apply to records of the judicial branch governed by rules adopted by the supreme court or government entities governed by section 13.045.
Sec. 3. Minnesota Statutes 2020, section 5B.10, subdivision 1, is amended to read:
Subdivision 1. Display
by landlord. If a program
participant has notified the program participant's landlord in writing that the
individual is a program participant and of the requirements of this section, a
local ordinance or the landlord must not require the display of, and
the landlord shall not display, the program participant's name at an
address otherwise protected under this chapter.
Sec. 4. Minnesota Statutes 2020, section 169.99, subdivision 1c, is amended to read:
Subd. 1c. Notice
of surcharge. All parts of the
uniform traffic ticket must give provide conspicuous notice of
the fact that, if convicted, the person to whom it was issued must may
be required to pay a state-imposed surcharge under section 357.021,
subdivision 6, and the current amount of the required surcharge.
EFFECTIVE
DATE. This section is
effective August 1, 2022. The changes to
the uniform traffic ticket described in this section must be reflected on the
ticket the next time it is revised.
Sec. 5. Minnesota Statutes 2020, section 169.99, is amended by adding a subdivision to read:
Subd. 1d. Financial
hardship. The first paragraph
on the reverse side of the summons on the uniform traffic ticket must include
the following, or substantially similar, language: "All or part of the cost of this summons
may be waived on a showing of indigency or undue hardship on you or your
family. You may schedule a court
appearance to request a waiver based on your ability to pay by calling the
Minnesota Court Payment Center (CPC) [followed by the Court Payment Center
telephone number]. For more information,
call the CPC or visit www.mncourts.gov/fines."
EFFECTIVE
DATE. This section is
effective August 1, 2022. The changes to
the uniform traffic ticket described in this section must be reflected on the
ticket the next time it is revised.
Sec. 6. Minnesota Statutes 2020, section 357.021, subdivision 6, is amended to read:
Subd. 6. Surcharges
on criminal and traffic offenders. (a)
Except as provided in this paragraph subdivision, the court shall
impose and the court administrator shall collect a $75 surcharge on every
person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, other than a violation of a law or ordinance relating to
vehicle parking, for which there shall be a $12 surcharge. When a defendant is convicted of more than
one offense in a case, the surcharge shall be imposed only once in that case. In the Second Judicial District, the court
shall impose, and the court administrator shall collect, an additional $1
surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law
or ordinance relating to vehicle parking, if the Ramsey County Board of Commissioners
authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The
surcharge shall not be imposed when a person is convicted of a petty
misdemeanor for which no fine is imposed.
(b) If the court fails to impose a
surcharge as required by this subdivision, the court administrator shall show
the imposition of the surcharge, collect the surcharge, and correct the record.
(c) (b) The court may not
reduce the amount or waive payment of the surcharge required under this
subdivision. Upon on a
showing of indigency or undue hardship upon the convicted person or the
convicted person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.
Additionally, the court may permit the defendant to perform community
work service in lieu of a surcharge.
(d) (c) The court
administrator or other entity collecting a surcharge shall forward it to the
commissioner of management and budget.
(e) (d) If the convicted
person is sentenced to imprisonment and has not paid the surcharge before the
term of imprisonment begins, the chief executive officer of the correctional
facility in which the convicted person is incarcerated shall collect the surcharge
from any earnings the inmate accrues from work performed in the facility or
while on conditional release. The chief
executive officer shall forward the amount collected to the court administrator
or other entity collecting the surcharge imposed by the court.
(f) (e) A person who enters a diversion program, continuance without prosecution, continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay the surcharge described in this subdivision. A surcharge imposed under this paragraph shall be imposed only once per case.
(g) (f) The surcharge does
not apply to administrative citations issued pursuant to section 169.999.
EFFECTIVE
DATE. This section is
effective July 1, 2022.
Sec. 7. Minnesota Statutes 2020, section 609.101, subdivision 5, is amended to read:
Subd. 5. Waiver prohibited; reduction and installment payments. (a) The court may not waive payment of the minimum fine required by this section.
(b) If the defendant qualifies for the services of a public defender or the court finds on the record that the convicted person is indigent or that immediate payment of the fine would create undue hardship for the convicted person or that person's immediate family, the court may reduce the amount of the minimum fine to not less than $50. Additionally, the court may permit the defendant to perform community work service in lieu of a fine.
(c) The court also may authorize payment of the fine in installments.
(d) Before sentencing a person convicted
of a felony, gross misdemeanor, misdemeanor, or petty misdemeanor to pay money
for a fine, fee, or surcharge, the court shall make a finding on the record as
to indigency or the convicted person's ability to comply with an order to pay
without undue hardship for the convicted person or that person's immediate
family. In determining indigency or
whether the defendant is able to comply with an order to pay a fine, fee, or
surcharge without undue hardship to the convicted person or that person's
immediate family, the court shall consider:
(1) income;
(2) dependents;
(3) financial resources, including
assets and liabilities;
(4) basic living expenses;
(5) receipt of means-tested public
assistance program; and
(6) any special circumstances that may
bear on the person's ability to pay.
(e) Paragraph (d) shall not apply when a
conviction for a violation that is included on the uniform fine schedule
authorized under section 609.101, subdivision 4, is entered without a hearing
before the court.
EFFECTIVE
DATE. This section is effective
July 1, 2022.
Sec. 8. [611A.95]
CERTIFICATIONS FOR VICTIMS OF CRIMES.
Subdivision 1. Definitions. For purposes of this section, the
following terms have the meanings given:
(1) "certifying entity" means
a state or local law enforcement agency;
(2) "criminal activity" means
qualifying criminal activity pursuant to section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act, and includes the attempt, conspiracy, or
solicitation to commit such crimes; and
(3)
"certification" means any certification or statement required by
federal immigration law including, but not limited to, the information required
by United States Code, title 8, section 1184(p), and United States Code, title
8, section 1184(o), including current United States Citizenship and Immigration
Services Form I-918, Supplement B, and United States Citizenship and
Immigration Services Form I-914, Supplement B, and any successor forms.
Subd. 2. Certification
process. (a) A certifying
entity shall process a certification requested by a victim of criminal activity
or a representative of the victim, including but not limited to the victim's
attorney, family member, or domestic violence or sexual assault violence
advocate, within the time period prescribed in paragraph (b).
(b) A certifying entity shall process
the certification within 90 days of request, unless the victim is in removal
proceedings, in which case the certification shall be processed within 14 days
of request. Requests for expedited
certification must be affirmatively raised at the time of the request.
(c) An active investigation, the filing
of charges, or a prosecution or conviction are not required for the victim of
criminal activity to request and obtain the certification.
Subd. 3. Certifying
entity; designate agent. (a)
The head of a certifying entity shall designate an agent to perform the
following responsibilities:
(1) timely process requests for
certification;
(2) provide outreach to victims of
criminal activity to inform them of the entity's certification process; and
(3) keep a written or electronic record
of all certification requests and responses.
(b) All certifying entities shall
implement a language access protocol for non-English-speaking victims of
criminal activity.
Subd. 4. Disclosure
prohibited; data classification. (a)
A certifying entity is prohibited from disclosing the immigration status of a
victim of criminal activity or representative requesting the certification,
except to comply with federal law or legal process, or if authorized by the
victim of criminal activity or representative requesting the certification.
(b) Data provided to a certifying entity
under this section is classified as private data pursuant to section 13.02,
subdivision 12.
EFFECTIVE
DATE. Subdivisions 1, 2, and
4 are effective the day following final enactment. Subdivision 3 is effective July 1, 2021.
Sec. 9. [634.045]
JAILHOUSE WITNESSES.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Benefit" means any plea
bargain, bail consideration, reduction or modification of sentence, or any
other leniency, immunity, financial payment, reward, or amelioration of current
or future conditions of incarceration offered or provided in connection with,
or in exchange for, testimony that is offered or provided by a jailhouse
witness.
(c) "Jailhouse witness" means
a person who (1) while incarcerated, claims to have obtained information from a
defendant in a criminal case or a person suspected to be the perpetrator of an
offense, and (2) offers or provides testimony concerning statements made by
that defendant or person suspected to be the perpetrator of an offense. It does not mean a codefendant or
confidential informant who does not provide testimony against a suspect or
defendant.
Subd. 2. Use
of and benefits provided to jailhouse witnesses; data collection. (a) Each county attorney shall report
to the attorney general, in a form determined by the attorney general:
(1) the name of the jailhouse witness
and the district court file number of the case in which that witness testified
or planned to testify;
(2) the substance and use of any
testimony of a jailhouse witness against the interest of a suspect or
defendant, regardless of whether such testimony is presented at trial; and
(3) the jailhouse witness's agreement to
cooperate with the prosecution and any benefit that the prosecutor has offered
or may offer in the future to the jailhouse witness in connection with the
testimony.
(b) The attorney general shall maintain
a statewide database containing the information received pursuant to paragraph
(a) for 20 years from the date that the jailhouse witness information was
entered into that statewide record.
(c) Data collected and maintained
pursuant to this subdivision are classified as confidential data on
individuals, as defined in section 13.02, subdivision 3. Only the attorney general may access the
statewide record but shall provide all information held on specific jailhouse
witnesses to a county attorney upon request.
Subd. 3. Report
on jailhouse witnesses. By
September 15 of each year, beginning in 2022, the attorney general shall
publish on its website an annual report of the statewide record of jailhouse
witnesses required under subdivision
2. Information in the report must be
limited to summary data, as defined in section 13.02, subdivision 19,
and must include:
(1) the total number of jailhouse
witnesses tracked in the statewide record; and
(2) for each county, the number of new reports
added pursuant to subdivision 2, paragraph (a), over the previous fiscal year.
Subd. 4. Disclosure
of information regarding jailhouse witness.
(a) In addition to the requirements for disclosures under rule 9
of the Rules of Criminal Procedure, and within the timeframes established by
that rule, a prosecutor must disclose the following information to the defense
about any jailhouse witness:
(1) the complete criminal history of the
jailhouse witness, including any charges that are pending or were reduced or
dismissed as part of a plea bargain;
(2) any cooperation agreement with the
jailhouse witness and any deal, promise, inducement, or benefit that the state
has made or intends to make in the future to the jailhouse witness;
(3) whether, at any time, the jailhouse
witness recanted any testimony or statement implicating the suspect or
defendant in the charged crime and, if so, the time and place of the
recantation, the nature of the recantation, and the names of the persons who
were present at the recantation;
(4) whether, at any time, the jailhouse
witness made a statement implicating any other person in the charged crime and,
if so, the time and place of the statement, the nature of the statement, and
the names of the persons who were present at the statement; and
(5) information concerning other
criminal cases in which the jailhouse witness has testified, or offered to
testify, against a suspect or defendant with whom the jailhouse witness was
imprisoned or confined, including any cooperation agreement, deal, promise,
inducement, or benefit that the state has made or intends to make in the future
to the jailhouse witness.
(b)
A prosecutor has a continuing duty of disclosure before and during trial. If, after the omnibus hearing held pursuant
to rule 11 of the Rules of Criminal Procedure, a prosecutor discovers
additional material, information, or witnesses subject to disclosure under this
subdivision, the prosecutor must promptly notify the court and defense counsel,
or, if the defendant is not represented, the defendant, of what was discovered. If the court finds that the jailhouse witness
was not known or that materials in paragraph (a) could not be discovered or
obtained by the state within that period with the exercise of due diligence,
the court may order that disclosure take place within a reasonable period. Upon good cause shown, the court may continue
the proceedings.
(c) If the prosecutor files a written
certificate with the trial court that disclosing the information described in
paragraph (a) would subject the jailhouse witness or other persons to physical
harm or coercion, the court may order that the information must be disclosed to
the defendant's counsel but may limit disclosure to the defendant in a way that
does not unduly interfere with the defendant's right to prepare and present a
defense, including limiting disclosure to nonidentifying information.
Subd. 5. Victim
notification. (a) A
prosecutor shall make every reasonable effort to notify a victim if the
prosecutor has decided to offer or provide any of the following to a jailhouse
witness in exchange for, or as the result of, a jailhouse witness offering or
providing testimony against a suspect or defendant:
(1) reduction or dismissal of charges;
(2) a plea bargain;
(3) support for a modification of the
amount or conditions of bail; or
(4) support for a motion to reduce or
modify a sentence.
(b) Efforts to notify the victim should
include, in order of priority: (1)
contacting the victim or a person designated by the victim by telephone; and
(2) contacting the victim by mail. If a
jailhouse witness is still in custody, the notification attempt shall be made
before the jailhouse witness is released from custody.
(c) Whenever a prosecutor notifies a
victim of domestic assault, criminal sexual conduct, or harassment or stalking
under this section, the prosecutor shall also inform the victim of the method
and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order
without paying a fee.
(d) The notification required under this
subdivision is in addition to the notification requirements and rights
described in sections 611A.03, 611A.0315, 611A.039, and 611A.06.
EFFECTIVE
DATE. This section is
effective August 1, 2021.
ARTICLE 4
HUMAN RIGHTS LAW
Section 1. Minnesota Statutes 2020, section 13.552, is amended by adding a subdivision to read:
Subd. 8. Certificate
of compliance for public contracts. Access
to data relating to certificates of compliance for public contracts is governed
by section 363A.36.
Sec. 2. [62A.082]
NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given unless the context clearly requires
otherwise.
(b)
"Disability" has the meaning given in section 363A.03, subdivision
12.
(c) "Enrollee" means a natural
person covered by a health plan or group health plan and includes an insured,
policy holder, subscriber, covered person, member, contract holder, or
certificate holder.
(d) "Organ transplant" means
the transplantation or transfusion of a part of a human body into the body of
another for the purpose of treating or curing a medical condition.
Subd. 2. Transplant
discrimination prohibited. A
health plan or group health plan that provides coverage for anatomical gifts,
organ transplants, or related treatment and services shall not:
(1) deny coverage to an enrollee based
on the enrollee's disability;
(2) deny eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of the health plan
or group health plan solely for the purpose of avoiding the requirements of
this section;
(3) penalize or otherwise reduce or
limit the reimbursement of a health care provider, or provide monetary or
nonmonetary incentives to a health care provider, to induce the provider to
provide care to a patient in a manner inconsistent with this section; or
(4) reduce or limit an enrollee's
coverage benefits because of the enrollee's disability for medical services and
other services related to organ transplantation performed pursuant to this
section as determined in consultation with the enrollee's treating health care
provider and the enrollee.
Subd. 3. Collective
bargaining. In the case of a
group health plan maintained pursuant to one or more collective bargaining
agreements between employee representatives and one or more employers, any plan
amendment made pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement imposed
pursuant to this section shall not be treated as a termination of the
collective bargaining agreement.
Subd. 4. Coverage
limitation. Nothing in this
section shall be deemed to require a health plan or group health plan to
provide coverage for a medically inappropriate organ transplant.
Sec. 3. Minnesota Statutes 2020, section 363A.02, subdivision 1, is amended to read:
Subdivision 1. Freedom from discrimination. (a) It is the public policy of this state to secure for persons in this state, freedom from discrimination:
(1) in employment because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age;
(2) in housing and real property because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and familial status;
(3) in public accommodations because of race, color, creed, religion, national origin, sex, sexual orientation, and disability;
(4) in public services because of race, color, creed, religion, national origin, sex, marital status, disability, sexual orientation, and status with regard to public assistance; and
(5) in education because of race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and age.
(b) Such discrimination threatens the rights and privileges of the inhabitants of this state and menaces the institutions and foundations of democracy. It is also the public policy of this state to protect all persons from wholly unfounded charges of discrimination. Nothing in this chapter shall be interpreted as restricting the implementation of positive action programs to combat discrimination.
Sec. 4. Minnesota Statutes 2020, section 363A.06, subdivision 1, is amended to read:
Subdivision 1. Formulation of policies. (a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;
(18) make grants in aid to the extent that
appropriations are made available for that purpose in aid of carrying out
duties and responsibilities; and
(19) cooperate and consult with the
commissioner of labor and industry regarding the investigation of violations
of, and resolution of complaints regarding section 363A.08, subdivision 7.;
(20) collaborate and consult with the
Board of Peace Officer Standards and Training regarding the training of peace
officers in identifying, responding to, and reporting crimes motivated by bias
pursuant to sections 626.8451, subdivision 1, and 626.8469, including but not
limited to the duty of peace officers to report crimes motivated by bias under
section 626.5531; and
(21) solicit, receive, and compile
reports from community organizations, school districts and charter schools, and
individuals regarding crimes a community member or community organization
believes are motivated by the victim's or another's actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, marital status, status with regard to
public assistance, familial status, or disability as defined in section
363A.03, or because of the victim's actual or perceived association with
another person or group of a certain actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03,
and develop data on the nature and extent of crimes motivated by bias and
include this information in the report required under clause (12). The commissioner shall provide information on
the department's website about when and how a victim reports criminal conduct
to a law enforcement agency.
In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account. Money in the account is appropriated to the commissioner of human rights to help finance activities of the department.
Sec. 5. Minnesota Statutes 2020, section 363A.08, subdivision 6, is amended to read:
Subd. 6. Reasonable
accommodation. (a) Except when based
on a bona fide occupational qualification, it is an unfair employment practice
for an employer with a number of part-time or full-time employees for each
working day in each of 20 or more calendar weeks in the current or preceding calendar
year equal to or greater than 25 effective July 1, 1992, and equal to or
greater than 15 effective July 1, 1994, an employment agency, or a labor
organization, not to make provide a reasonable accommodation to
the known disability of a qualified disabled person or job applicant for
a job applicant or qualified employee with a disability unless the
employer, agency, or organization can demonstrate that the accommodation would
impose an undue hardship on the business, agency, or
organization. "Reasonable accommodation" means
steps which must be taken to accommodate the known physical or mental
limitations of a qualified disabled person individual with a
disability. To determine the
appropriate reasonable accommodation the employer, agency, or organization
shall initiate an informal, interactive process with the individual with a
disability in need of the accommodation.
This process should identify the limitations resulting from the
disability and any potential reasonable accommodations that could overcome
those limitations. "Reasonable
accommodation" may include but is not limited to, nor does it necessarily
require: (1) making facilities readily
accessible to and usable by disabled persons individuals with
disabilities; and (2) job restructuring, modified work schedules,
reassignment to a vacant position, acquisition or modification of equipment or
devices, and the provision of aides on a temporary or periodic basis.
(b) In determining whether an accommodation would impose an undue hardship on the operation of a business or organization, factors to be considered include:
(1) the overall size of the business or organization with respect to number of employees or members and the number and type of facilities;
(2) the type of the operation, including the composition and structure of the work force, and the number of employees at the location where the employment would occur;
(3) the nature and cost of the needed accommodation;
(4) the reasonable ability to finance the accommodation at each site of business; and
(5) documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the disabled person or with knowledgeable disabled persons or organizations.
A prospective employer need not pay for an accommodation for a job applicant if it is available from an alternative source without cost to the employer or applicant.
Sec. 6. Minnesota Statutes 2020, section 363A.08, is amended by adding a subdivision to read:
Subd. 8. Inquiries
into pay history prohibited. (a)
"Pay history" as used in this subdivision means any prior or current
wage, salary, earnings, benefits, or any other compensation about an applicant
for employment.
(b) An employer, employment agency, or
labor organization shall not inquire into, consider, or require disclosure from
any source the pay history of an applicant for employment for the purpose of
determining wages, salary, earnings, benefits, or other compensation for that
applicant. There is a rebuttable
presumption that use of pay history received on an applicant for employment to
determine the future wages, salary, earnings, benefits, or other compensation
for that applicant is an unfair discriminatory employment practice under
subdivisions 1 to 3. The general
prohibition against inquiring into the pay history of an applicant does not
apply if the job applicant's pay history is a matter of public record under
federal or state law, unless the employer, employment agency, or labor
organization sought access to those public records with the intent of obtaining
pay history of the applicant for the purpose of determining wages, salary,
earnings, benefits, or other compensation for that applicant.
(c) Nothing in this subdivision shall
prevent an applicant for employment from voluntarily and without prompting
disclosing pay history for the purposes of negotiating wages, salary, benefits,
or other compensation. If an applicant
for employment voluntarily and without prompting discloses pay history to a
prospective employer, employment agency, or labor organization, nothing in this
subdivision shall prohibit that employer, employment agency, or labor
organization from considering or acting on that voluntarily disclosed salary
history information to support a wage or salary higher than initially offered
by the employer, employment agency, or labor organization.
(d)
Nothing in this subdivision limits, prohibits, or prevents a person from
bringing a charge, grievance, or any other cause of action alleging wage
discrimination because of race, color, creed, religion, national origin, sex,
gender identity, marital status, status with regard to public assistance,
familial status, membership or activity in a local commission, disability,
sexual orientation, or age, as otherwise provided in this chapter.
(e) Nothing in this subdivision shall be
construed to prevent an employer from:
(1) providing information about the
wages, benefits, compensation, or salary offered in relation to a position; or
(2) inquiring about or otherwise
engaging in discussions with an applicant about the applicant's expectations or
requests with respect to wages, salary, benefits, or other compensation.
EFFECTIVE
DATE. This section is
effective January 1, 2022. For
employment covered by collective bargaining agreements, this section is not
effective until the date of implementation of the applicable collective
bargaining agreement that is after January 1, 2022.
Sec. 7. Minnesota Statutes 2020, section 363A.09, subdivision 1, is amended to read:
Subdivision 1. Real property interest; action by owner, lessee, and others. It is an unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these:
(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of persons any real property because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status; or
(2) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection therewith, except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or
(3) in any transaction involving real property, to print, circulate or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of real property, or make any record or inquiry in connection with the prospective purchase, rental, or lease of real property which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status, or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
Sec. 8. Minnesota Statutes 2020, section 363A.09, subdivision 2, is amended to read:
Subd. 2. Real property interest; action by brokers, agents, and others. (a) It is an unfair discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent thereof:
(1) to refuse to sell, rent, or lease or to
offer for sale, rental, or lease any real property to any person or group of
persons or to negotiate for the sale, rental, or lease of any real property to
any person or group of persons because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, participation
in
or requirements of a public assistance program, disability, sexual orientation, or familial status or represent that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status; or
(2) to discriminate against any person because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith; or
(3) to print, circulate, or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental, or lease of any real property or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, participation in or requirements of a public assistance program, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
(b) It is an unfair discriminatory
practice for a landlord to furnish credit, services, or rental accommodations
that discriminate against any individual who is a recipient of federal, state,
or local public assistance, including medical assistance, or who is a tenant
receiving federal, state, or local housing subsidies, including rental
assistance or rental supplements, because the individual is such a recipient,
or because of any requirement of such public assistance, rental assistance, or
housing subsidy program.
Sec. 9. Minnesota Statutes 2020, section 363A.09, is amended by adding a subdivision to read:
Subd. 2a. Definition;
public assistance program. For
the purposes of this section, "public assistance program" means
federal, state, or local assistance, including but not limited to rental
assistance, rent supplements, and housing choice vouchers.
Sec. 10. Minnesota Statutes 2020, section 363A.28, subdivision 1, is amended to read:
Subdivision 1. Actions. Any person aggrieved by a violation of
this chapter may bring a civil action as provided in section 363A.33,
subdivision 1, or may file a verified charge with the commissioner or the
commissioner's designated agent. A
charge filed with the commissioner must be in writing by hand, or
electronically with an unsworn declaration under penalty of perjury, on a
form provided by the commissioner and signed by the charging party. The charge must state the name of the person
alleged to have committed an unfair discriminatory practice and set out a
summary of the details of the practice complained of. The commissioner may require a charging party
to provide the address of the person alleged to have committed the unfair
discriminatory practice, names of witnesses, documents, and any other
information necessary to process the charge.
The commissioner may dismiss a charge when the charging party fails to
provide required information. The
commissioner within ten days of the filing shall serve a copy of the charge and
a form for use in responding to the charge upon the respondent personally,
electronically with the receiving party's consent, or by mail. The respondent shall file with the department
a written response setting out a summary of the details of the respondent's
position relative to the charge within 20 30 days of receipt of
the charge. If the respondent fails to
respond with a written summary of the details of the respondent's position
within 30 days after service of the charge, and service was consistent with
rule 4 of the Rules of Civil Procedure, the commissioner, on behalf of the
complaining party, may bring an action for default in district court pursuant
to rule 55.01 of the Rules of Civil Procedure.
Sec. 11. Minnesota Statutes 2020, section 363A.28, subdivision 6, is amended to read:
Subd. 6. Charge
processing. (a) Consistent with
paragraph (h), the commissioner shall promptly inquire into the truth of the
allegations of the charge. The
commissioner shall make an immediate inquiry when a charge alleges actual or
threatened physical violence. The
commissioner shall also make an immediate inquiry when it appears that a
charge is frivolous or without merit and shall dismiss those charges.
(b) The commissioner shall give priority to investigating and processing those charges, in the order below, which the commissioner determines have the following characteristics:
(1) there is evidence of irreparable harm if immediate action is not taken;
(2) there is evidence that the respondent has intentionally engaged in a reprisal;
(3) a significant number of recent charges have been filed against the respondent;
(4) the respondent is a government entity;
(5) there is potential for broadly promoting the policies of this chapter; or
(6) the charge is supported by substantial and credible documentation, witnesses, or other evidence.
The commissioner shall inform charging parties of these priorities and shall tell each party if their charge is a priority case or not.
On other charges the commissioner shall make a determination within 12 months after the charge was filed as to whether or not there is probable cause to credit the allegation of unfair discriminatory practices.
(c) If the commissioner determines after
investigation that no probable cause exists to credit the allegations of the
unfair discriminatory practice, the commissioner shall, within ten days of the
determination, serve upon the charging party and respondent written notice of
the determination. Within ten 30
days after receipt of notice, the charging party may request in writing, on
forms prepared by the department, that the commissioner reconsider the
determination. The request shall contain
a brief statement of the reasons for and new evidence in support of the request
for reconsideration. At the time of
submission of the request to the commissioner, the charging party shall deliver
or mail to the respondent a copy of the request for reconsideration. The commissioner shall reaffirm, reverse, or
vacate and remand for further consideration the determination of no probable
cause within 20 days after receipt of the request for reconsideration, and
shall within ten days notify in writing the charging party and respondent of
the decision to reaffirm, reverse, or vacate and remand for further
consideration.
A
decision by the commissioner that no probable cause exists to credit the
allegations of an unfair discriminatory practice shall not be appealed to the
court of appeals pursuant to section 363A.36 363A.34 or sections
14.63 to 14.68.
(d) If the commissioner determines after
investigation that probable cause exists to credit the allegations of unfair
discriminatory practices, the commissioner shall serve on the respondent and
the respondent's attorney if the respondent is represented by counsel, by first
class mail, or electronically with the receiving party's consent, a
notice setting forth a short plain written statement of the alleged facts which
support the finding of probable cause and an enumeration of the provisions of
law allegedly violated. Within 30
days after receipt of notice, the respondent may request in writing, on forms
prepared by the department, that the commissioner reconsider the determination. If the commissioner determines that attempts
to eliminate the alleged unfair practices through conciliation pursuant to
subdivision 8 have been or would be unsuccessful or unproductive, the
commissioner shall may issue a complaint and serve on the
respondent, by registered or certified mail, or electronically with the
receiving party's consent, a
written notice of hearing together with a copy of the complaint, requiring the respondent to answer the allegations of the complaint at a hearing before an administrative law judge at a time and place specified in the notice, not less than ten days after service of said complaint. A copy of the notice shall be furnished to the charging party and the attorney general.
(e) If, at any time after the filing of a charge, the commissioner has reason to believe that a respondent has engaged in any unfair discriminatory practice, the commissioner may file a petition in the district court in a county in which the subject of the complaint occurs, or in a county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings under this chapter, including an order or decree restraining the respondent from doing or procuring an act tending to render ineffectual an order the commissioner may enter with respect to the complaint. The court shall have power to grant temporary relief or a restraining order as it deems just and proper, but no relief or order extending beyond ten days shall be granted except by consent of the respondent or after hearing upon notice to the respondent and a finding by the court that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice. Except as modified by subdivisions 1 to 9 and section 363A.06, subdivision 4, the Minnesota Rules of Civil Procedure shall apply to an application, and the district court shall have authority to grant or deny the relief sought on conditions as it deems just and equitable. All hearings under subdivisions 1 to 9 and section 363A.06, subdivision 4, shall be given precedence as nearly as practicable over all other pending civil actions.
(f) If a lessor, after engaging in a discriminatory practice defined in section 363A.09, subdivision 1, clause (1), leases or rents a dwelling unit to a person who has no knowledge of the practice or of the existence of a charge with respect to the practice, the lessor shall be liable for actual damages sustained by a person by reason of a final order as provided in subdivisions 1 to 9 and section 363A.06, subdivision 4, requiring the person to be evicted from the dwelling unit.
(g) In any complaint issued under subdivisions 1 to 9 and section 363A.06, subdivision 4, the commissioner may seek relief for a class of individuals affected by an unfair discriminatory practice occurring on or after a date one year prior to the filing of the charge from which the complaint originates.
(h) The commissioner may adopt policies to determine which charges are processed and the order in which charges are processed based on their particular social or legal significance, administrative convenience, difficulty of resolution, or other standard consistent with the provisions of this chapter.
(i) The chief administrative law judge shall adopt policies to provide sanctions for intentional and frivolous delay caused by any charging party or respondent in an investigation, hearing, or any other aspect of proceedings before the department under this chapter.
Sec. 12. Minnesota Statutes 2020, section 363A.31, subdivision 2, is amended to read:
Subd. 2. Rescission
of waiver. A waiver or release of
rights or remedies secured by this chapter which purports to apply to claims
arising out of acts or practices prior to, or concurrent with, the execution of
the waiver or release may be rescinded within 15 calendar days of its
execution, except that a waiver or release given in settlement of a claim filed
with the department or with another administrative agency or judicial body is
valid and final upon execution. A
waiving or releasing party shall be informed in writing of the right to rescind
the waiver or release. To be effective,
the rescission must be in writing and delivered to the waived or released party
either by hand, electronically with the receiving party's consent,
or by mail within the 15-day period.
If delivered by mail, the rescission must be:
(1) postmarked within the 15-day period;
(2) properly addressed to the waived or released party; and
(3) sent by certified mail return receipt requested.
Sec. 13. Minnesota Statutes 2020, section 363A.33, subdivision 3, is amended to read:
Subd. 3. Summons and complaints in a civil action. A charging party bringing a civil action shall mail by registered or certified mail, or electronically with the receiving party's consent, a copy of the summons and complaint to the commissioner, and upon their receipt the commissioner shall terminate all proceedings in the department relating to the charge. No charge shall be filed or reinstituted with the commissioner after a civil action relating to the same unfair discriminatory practice has been brought unless the civil action has been dismissed without prejudice.
Sec. 14. Minnesota Statutes 2020, section 363A.36, subdivision 1, is amended to read:
Subdivision 1. Scope
of application. (a) For all
contracts for goods and services in excess of $100,000, no department or agency
of the state shall accept any bid or proposal for a contract or agreement from
any business having more than 40 full-time employees within this state on a
single working day during the previous 12 months, unless the commissioner is in
receipt of the business' affirmative action plan for the employment of minority
persons, women, and qualified disabled individuals. No department or agency of the state shall
execute any such contract or agreement until the affirmative action plan has
been approved by the commissioner. Receipt
of a certificate of compliance issued by the commissioner shall signify that a
firm or business has an affirmative action plan that has been approved by the
commissioner. A certificate shall be
valid for a period of four years. No
department, agency of the state, the Metropolitan Council, or agency subject to
section 473.143, subdivision 1, shall execute a contract for goods or services
in excess of $100,000 with a business that has 40 or more full-time employees
in this state or a state where the business has its primary place of business
on a single day during the prior 12 months, unless the business has a workforce
certificate from the commissioner of human rights or has certified in writing
that it is exempt. Determinations of
exempt status shall be made by the commissioner of human rights. A certificate is valid for four years. A municipality as defined in section 466.01,
subdivision 1, that receives state money for any reason is encouraged to
prepare and implement an affirmative action plan for the employment of minority
persons, people with disabilities, people of color, and women, and the
qualified disabled and to submit the plan to the commissioner.
(b) This paragraph applies to a contract
for goods or services in excess of $100,000 to be entered into between a
department or agency of the state and a business that is not subject to
paragraph (a), but that has more than 40 full‑time employees on a
single working day during the previous 12 months in the state where the
business has its primary place of business.
A department or agency of the state may not execute a contract or
agreement with a business covered by this paragraph unless the business has a
certificate of compliance issued by the commissioner under paragraph (a) or the
business certifies that it is in compliance with federal affirmative action
requirements.
(c) (b) This section does not
apply to contracts entered into by the State Board of Investment for investment
options under section 356.645.
(d) (c) The commissioner
shall issue a certificate of compliance or notice of denial within 15 days of
the application submitted by the business or firm.
EFFECTIVE
DATE. This section is
effective June 1, 2021, and applies to contracts entered into on or after that
date.
Sec. 15. Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:
Subd. 2. Filing
fee; account; appropriation. The
commissioner shall collect a $150 $250 fee for each certificate
of compliance issued by the commissioner or the commissioner's designated agent. The proceeds of the fee must be deposited in
a human rights fee special revenue account.
Money in the account is appropriated to the commissioner to fund the
cost of issuing certificates and investigating grievances.
Sec. 16. Minnesota Statutes 2020, section 363A.36, subdivision 3, is amended to read:
Subd. 3. Revocation
of certificate Violations; remedies.
Certificates of compliance may be suspended or revoked by the
commissioner if a holder of a certificate has not made a good faith effort to
implement an affirmative action plan that has been approved by the commissioner. If a contractor does not effectively
implement an affirmative action plan approved by the commissioner pursuant to
subdivision 1, or fails to make a good faith effort to do so, the commissioner
may refuse to approve subsequent plans submitted by that firm or business. The commissioner may impose fines or
actions as follows:
(1) issue fines up to $5,000 per
violation; and
(2) suspend or revoke a certificate of
compliance until the contractor has paid all outstanding fines and otherwise
complies with this section.
EFFECTIVE
DATE. This section is
effective July 1, 2021, for all current and future certificate holders.
Sec. 17. Minnesota Statutes 2020, section 363A.36, subdivision 4, is amended to read:
Subd. 4. Revocation
of contract. A contract awarded by a
department or agency of the state, the Metropolitan Council, or an agency
subject to section 473.143, subdivision 1, may be terminated or abridged by
the department or agency awarding entity because of suspension or
revocation of a certificate based upon a contractor's failure to implement or
make a good faith effort to implement an affirmative action plan approved by
the commissioner under this section. If
a contract is awarded to a person who does not have a contract compliance
certificate required under subdivision 1, the commissioner may void the
contract on behalf of the state.
EFFECTIVE
DATE. This section is
effective June 1, 2021, and applies to contracts entered into on or after that
date.
Sec. 18. Minnesota Statutes 2020, section 363A.36, is amended by adding a subdivision to read:
Subd. 6. Access
to data. Data submitted to
the commissioner related to a certificate of compliance are private data on
individuals or nonpublic data with respect to persons other than department
employees. The commissioner's decision
to issue, not issue, revoke, or suspend or otherwise penalize a certificate
holder of a certificate of compliance is public data. Applications, forms, or similar documents
submitted by a business seeking a certificate of compliance are public data. The commissioner may disclose data classified
as private or nonpublic under this subdivision to other state agencies,
statewide systems, and political subdivisions for the purposes of achieving
compliance with this section.
Sec. 19. Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:
Subd. 2. Application. (a) A business shall apply for an equal
pay certificate by paying a $150 $250 filing fee and submitting
an equal pay compliance statement to the commissioner. The proceeds from the fees collected under
this subdivision shall be deposited in an equal pay certificate special revenue
account. Money in the account is
appropriated to the commissioner for the purposes of this section. The commissioner shall issue an equal pay
certificate of compliance to a business that submits to the commissioner a
statement signed by the chairperson of the board or chief executive officer of
the business:
(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964, Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal Work Law;
(2) that the average compensation for its female employees is not consistently below the average compensation for its male employees within each of the major job categories in the EEO-1 employee information report for which an employee is expected to perform work under the contract, taking into account factors such as length of service, requirements of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or other mitigating factors;
(3) that the business does not restrict employees of one sex to certain job classifications and makes retention and promotion decisions without regard to sex;
(4) that wage and benefit disparities are corrected when identified to ensure compliance with the laws cited in clause (1) and with clause (2); and
(5) how often wages and benefits are evaluated to ensure compliance with the laws cited in clause (1) and with clause (2).
(b) The equal pay compliance statement shall also indicate whether the business, in setting compensation and benefits, utilizes:
(1) a market pricing approach;
(2) state prevailing wage or union contract requirements;
(3) a performance pay system;
(4) an internal analysis; or
(5) an alternative approach to determine what level of wages and benefits to pay its employees. If the business uses an alternative approach, the business must provide a description of its approach.
(c) Receipt of the equal pay compliance statement by the commissioner does not establish compliance with the laws set forth in paragraph (a), clause (1).
Sec. 20. Minnesota Statutes 2020, section 363A.44, subdivision 4, is amended to read:
Subd. 4.
Revocation of certificate Violations;
remedies. An equal pay
certificate for a business may be suspended or revoked by the commissioner when
the business fails to make a good-faith effort to comply with the laws
identified in subdivision 2, paragraph (a), clause (1), fails to make a
good-faith effort to comply with this section, or has multiple violations of
this section or the laws identified in subdivision 2, paragraph (a), clause (1). The commissioner may also issue a fine due
to lack of compliance with this section of up to $5,000 per violation. The commissioner may suspend or revoke an
equal pay certificate until the business has paid all outstanding fines and
otherwise complies with this section.
Prior to issuing a fine or suspending or revoking a certificate,
the commissioner must first have sought to conciliate with the business
regarding wages and benefits due to employees.
EFFECTIVE
DATE. This section is effective
July 1, 2021, for all current and future certificate holders.
Sec. 21. Minnesota Statutes 2020, section 363A.44, subdivision 9, is amended to read:
Subd. 9.
Access to data. Data submitted to the commissioner
related to equal pay certificates are private data on individuals or nonpublic
data with respect to persons other than department employees. The commissioner's decision to issue, not
issue, revoke, or suspend or otherwise penalize a certificate holder of
an equal pay certificate is public data.
Applications, forms, or similar documents submitted by a business
seeking an equal pay certificate are public data. The commissioner may disclose data classified
as private or nonpublic under this subdivision to other state agencies,
statewide systems, and political subdivisions for the purposes of achieving
compliance with this section.
Sec. 22. [363A.50]
NONDISCRIMINATION IN ACCESS TO TRANSPLANTS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given unless the context clearly requires
otherwise.
(b) "Anatomical gift" has the
meaning given in section 525A.02, subdivision 4.
(c) "Auxiliary aids and
services" include, but are not limited to:
(1) qualified interpreters or other
effective methods of making aurally delivered materials available to
individuals with hearing impairments;
(2) qualified readers, taped texts,
texts in accessible electronic format, or other effective methods of making
visually delivered materials available to individuals with visual impairments;
(3) the provision of information in a
format that is accessible for individuals with cognitive, neurological,
developmental, intellectual, or physical disabilities;
(4) the provision of supported
decision-making services; and
(5) the acquisition or modification of
equipment or devices.
(d) "Covered entity" means:
(1) any licensed provider of health
care services, including licensed health care practitioners, hospitals, nursing
facilities, laboratories, intermediate care facilities, psychiatric residential
treatment facilities, institutions for individuals with intellectual or
developmental disabilities, and prison health centers; or
(2) any entity responsible for matching
anatomical gift donors to potential recipients.
(e) "Disability" has the
meaning given in section 363A.03, subdivision 12.
(f) "Organ transplant" means
the transplantation or infusion of a part of a human body into the body of
another for the purpose of treating or curing a medical condition.
(g) "Qualified individual"
means an individual who, with or without available support networks, the
provision of auxiliary aids and services, or reasonable modifications to
policies or practices, meets the essential eligibility requirements for the
receipt of an anatomical gift.
(h) "Reasonable
modifications" include, but are not limited to:
(1) communication with individuals
responsible for supporting an individual with postsurgical and post‑transplantation
care, including medication; and
(2) consideration of support networks
available to the individual, including family, friends, and home and
community-based services, including home and community-based services funded
through Medicaid, Medicare, another health plan in which the individual is
enrolled, or any program or source of funding available to the individual, in
determining whether the individual is able to comply with post-transplant
medical requirements.
(i) "Supported decision
making" has the meaning given in section 524.5-102, subdivision 16a.
Subd. 2. Prohibition
of discrimination. (a) A
covered entity may not, on the basis of a qualified individual's mental or
physical disability:
(1) deem an individual ineligible to
receive an anatomical gift or organ transplant;
(2) deny medical or related organ transplantation
services, including evaluation, surgery, counseling, and postoperative
treatment and care;
(3) refuse to refer the individual to a
transplant center or other related specialist for the purpose of evaluation or
receipt of an anatomical gift or organ transplant;
(4) refuse to place an individual on an
organ transplant waiting list or place the individual at a lower-priority
position on the list than the position at which the individual would have been
placed if not for the individual's disability; or
(5) decline insurance coverage for any
procedure associated with the receipt of the anatomical gift or organ
transplant, including post-transplantation and postinfusion care.
(b) Notwithstanding paragraph (a), a
covered entity may take an individual's disability into account when making
treatment or coverage recommendations or decisions, solely to the extent that
the physical or mental disability has been found by a physician, following an
individualized evaluation of the potential recipient, to be medically
significant to the provision of the anatomical gift or organ transplant. The provisions of this section may not be
deemed to require referrals or recommendations for, or the performance of,
organ transplants that are not medically appropriate given the individual's
overall health condition.
(c) If an individual has the necessary
support system to assist the individual in complying with post-transplant
medical requirements, an individual's inability to independently comply with
those requirements may not be deemed to be medically significant for the
purposes of paragraph (b).
(d) A covered entity must make
reasonable modifications to policies, practices, or procedures, when such
modifications are necessary to make services such as transplantation-related
counseling, information, coverage, or treatment available to qualified
individuals with disabilities, unless the entity can demonstrate that making
such modifications would fundamentally alter the nature of such services.
(e) A covered entity must take such
steps as may be necessary to ensure that no qualified individual with a
disability is denied services such as transplantation-related counseling,
information, coverage, or treatment because of the absence of auxiliary aids
and services, unless the entity can demonstrate that taking such steps would
fundamentally alter the nature of the services being offered or result in an
undue burden. A covered entity is not
required to provide supported decision-making services.
(f) A covered entity must otherwise
comply with the requirements of Titles II and III of the Americans with
Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of
2008, and the Minnesota Human Rights Act.
(g) The provisions of this section
apply to each part of the organ transplant process.
Subd. 3. Remedies. In addition to all other remedies
available under this chapter, any individual who has been subjected to
discrimination in violation of this section may initiate a civil action in a
court of competent jurisdiction to enjoin violations of this section.
ARTICLE 5
CIVIL LAW
Section 1. Minnesota Statutes 2020, section 357.17, is amended to read:
357.17
NOTARIES PUBLIC.
(a) The maximum fees to be charged and collected by a notary public shall be as follows:
(1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such bill; where protest is legally necessary, and copy thereof, $5;
(2) for every other protest and copy, $5;
(3) for making and serving every notice of nonpayment of note or nonacceptance of bill and copy thereof, $5;
(4) for any affidavit or paper for which provision is not made herein, $5 per folio, and $1 per folio for copies;
(5) for each oath administered, $5;
(6) for acknowledgments of deeds and for other services authorized by law, the legal fees allowed other officers for like services;
(7) for recording each instrument required by law to be recorded by the notary, $5 per folio.
(b) A notary public may charge a fee
for performing a marriage in excess of the fees in paragraph (a) if the notary
is commissioned pursuant to chapter 359.
Sec. 2. Minnesota Statutes 2020, section 359.04, is amended to read:
359.04
POWERS.
Every notary public so appointed, commissioned, and qualified shall have power throughout this state to administer all oaths required or authorized to be administered in this state; to take and certify all depositions to be used in any of the courts of this state; to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments in writing or electronic records; to receive, make out, and record notarial protests; to perform civil marriages consistent with this chapter and chapter 517; and to perform online remote notarial acts in compliance with the requirements of sections 358.645 and 358.646.
Sec. 3. [359.115]
CIVIL MARRIAGE OFFICIANT.
A notary public shall have the power to
solemnize civil marriages throughout the state if the notary public has filed a
copy of the notary public's notary commission with the local registrar of a
county in this state. When a local
registrar records a commission for a notary public, the local registrar shall
provide a certificate of filing to the notary whose commission is recorded. A notary public shall endorse and record the
county where the notary public's commission is recorded upon each certificate
of civil marriage granted by the notary.
Sec. 4. Minnesota Statutes 2020, section 514.977, is amended to read:
514.977
DEFAULT ADDITIONAL REMEDIES.
Subdivision 1. Default;
breach of rental agreement. If
an occupant defaults in the payment of rent for the storage space or
otherwise breaches the rental agreement, the owner may commence an eviction
action under chapter 504B. to terminate the rental agreement, recover
possession of the storage space, remove the occupant, and dispose of the stored
personal property. The action shall be
conducted in accordance with the Minnesota Rules of Civil Procedure except as
provided in this section.
Subd. 2. Service
of summons. The summons must
be served at least seven days before the date of the court appearance as
provided in subdivision 3.
Subd. 3. Appearance. Except as provided in subdivision 4,
in an action filed under this section, the appearance shall be not less than
seven or more than 14 days from the day of issuing the summons.
Subd. 4. Expedited
hearing. If the owner files a
motion and affidavit stating specific facts and instances in support of an
allegation that the occupant is causing a nuisance or engaging in illegal or
other behavior that seriously endangers the safety of others, their property,
or the storage facility's property, the appearance shall be not less than three
days nor more than seven days from the date the summons is issued. The summons in an expedited hearing shall be
served upon the occupant within 24 hours of issuance unless the court orders
otherwise for good cause shown.
Subd. 5. Answer;
trial; continuance. At the
court appearance specified in the summons, the defendant may answer the
complaint, and the court shall hear and decide the action, unless it grants a
continuance of the trial, which may be for no longer than six days, unless all
parties consent to longer continuance.
Subd. 6. Counterclaims. The occupant is prohibited from
bringing counterclaims in the action that are unrelated to the possession of
the storage space. Nothing in this
section prevents the occupant from bringing the claim in a separate action.
Subd. 7. Judgment;
writ. Judgment in matters adjudicated
under this section shall be in accordance with section 504B.345, subdivision 1,
paragraph (a). Execution of a writ
issued under this section shall be in accordance with section 504B.365.
Sec. 5. Minnesota Statutes 2020, section 517.04, is amended to read:
517.04
PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
Civil marriages may be solemnized throughout the state by an individual who has attained the age of 21 years and is a judge of a court of record, a retired judge of a court of record, a court administrator, a retired court administrator with the approval of the chief judge of the judicial district, a former court commissioner who is employed by the court system or is acting pursuant to an order of the chief judge of the commissioner's judicial district, a notary commissioned pursuant to chapter 359, the residential school superintendent of the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or ordained minister of any religious denomination, or by any mode recognized in section 517.18. For purposes of this section, a court of record includes the Office of Administrative Hearings under section 14.48.
Sec. 6. Minnesota Statutes 2020, section 517.08, subdivision 1b, is amended to read:
Subd. 1b. Term
of license; fee; premarital education. (a)
The local registrar shall examine upon oath the parties applying for a license
relative to the legality of the contemplated civil marriage. Examination upon oath of the parties under
this section may include contemporaneous video or audio transmission or receipt
of a verified statement signed by both parties attesting to the legality of the
marriage. The local registrar may accept
civil marriage license applications, signed by both parties, by mail, facsimile,
or electronic filing. Both parties
must present proof of age to the local registrar. If one party is unable to appear in
person, the party appearing may complete the absent applicant's information. The local registrar shall provide a copy of
the civil marriage application to the party who is unable to appear, who must
verify the accuracy of the appearing party's information in a notarized
statement. The verification statement
must be accompanied by a copy of proof of age of the party. The civil marriage license must not be
released until the verification statement and proof of age has been
received by the local registrar. If the
local registrar is satisfied that there is no legal impediment to it, including
the restriction contained in section 259.13, the local registrar shall issue
the license, containing the full names of the parties before and after the
civil marriage, and county and state of residence, with the county seal
attached, and make a record of the date of issuance. The license shall be valid for a period of
six months. Except as provided in
paragraph (b), the local registrar shall collect from the applicant a fee of
$115 for administering the oath, issuing, recording, and filing all papers
required, and preparing and transmitting to the state registrar of vital
records the reports of civil marriage required by this section. If the license should not be used within the
period of six months due to illness or other extenuating circumstances, it may
be surrendered to the local registrar for cancellation, and in that case a new
license shall issue upon request of the parties of the original license without
fee. A local registrar who knowingly
issues or signs a civil marriage license in any manner other than as provided
in this section shall pay to the parties aggrieved an amount not to exceed
$1,000.
(b) The civil marriage license fee for parties who have completed at least 12 hours of premarital education is $40. In order to qualify for the reduced license fee, the parties must submit at the time of applying for the civil marriage license a statement that is signed, dated, and notarized or marked with a church seal from the person who provided the premarital education on their letterhead confirming that it was received. The premarital education must be provided by a licensed or ordained minister or the minister's designee, a person authorized to solemnize civil marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33. The education must include the use of a premarital inventory and the teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education under paragraph (b) must be in the following form:
"I, .......................... (name of educator), confirm that .......................... (names of both parties) received at least 12 hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills. I am a licensed or ordained minister, a person authorized to solemnize civil marriages under Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family therapy under Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the civil marriage license application. Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.
(d) If section 259.13 applies to the request for a civil marriage license, the local registrar shall grant the civil marriage license without the requested name change. Alternatively, the local registrar may delay the granting of the civil marriage license until the party with the conviction:
(1) certifies under oath that 30 days have passed since service of the notice for a name change upon the prosecuting authority and, if applicable, the attorney general and no objection has been filed under section 259.13; or
(2) provides a certified copy of the court order granting it. The parties seeking the civil marriage license shall have the right to choose to have the license granted without the name change or to delay its granting pending further action on the name change request.
EFFECTIVE
DATE. This section is
effective retroactively from January 1, 2021.
Sec. 7. Minnesota Statutes 2020, section 524.2-503, is amended to read:
524.2-503
HARMLESS ERROR.
(a) If a document or writing added upon a document was not executed in compliance with section 524.2-502, the document or writing is treated as if it had been executed in compliance with section 524.2-502 if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:
(1) the decedent's will;
(2) a partial or complete revocation of the will;
(3) an addition to or an alteration of the will; or
(4) a
partial or complete revival of the decedent's formerly revoked will or of a
formerly revoked portion of the will.
(b) This
section applies to documents and writings executed on or after March 13, 2020,
but before February 15, 2021.
EFFECTIVE
DATE. This section is
effective retroactively from March 13, 2020, and applies to documents and
writings executed on or after March 13, 2020.
Sec. 8. Laws 2020, chapter 118, section 4, is amended to read:
Sec. 4. FILING
OF MORTGAGE OR DEED OF TRUST THROUGH 2020; PUBLIC UTILITY.
Notwithstanding Minnesota Statutes, section
507.327, for the public utility subject to Minnesota Statutes, section
116C.7791, the filing of the mortgage or deed of trust executed between May
1, 2020, and December 31, 2020 June 30, 2022, filed in the
Office of the Secretary of State under Minnesota Statutes, section 336.02
336B.02, along with, or as part of, the financing statement covering the
fixtures, has the same effect, and is notice of the rights and interests of the
mortgagee or trustee in easements, other less than fee simple interests in real
estate, and fee simple interests in real estate of the public utility to
the same extent, as if the mortgage or deed of trust were duly recorded in the
office of the county recorder or duly registered in the office of the registrar
of titles of the counties in which the real estate is situated. The effectiveness of the filing terminates at
the same time as provided in Minnesota Statutes, section 336B.02, subdivision
3, for the termination of the effectiveness of fixture filing. Any filing made in accordance with this
section shall also be made with the office of the county recorder, or duly
registered in the office of the registrar of titles, of the counties in which
the real estate is situated.
EFFECTIVE
DATE. This section is
effective retroactively from December 30, 2020.
ARTICLE 6
GOVERNMENT DATA PRACTICES
Section 1.
[3.8844] LEGISLATIVE
COMMISSION ON DATA PRACTICES.
Subdivision 1. Established. The Legislative Commission on Data
Practices and Personal Data Privacy is created to study issues relating to
government data practices and individuals' personal data privacy rights and to
review legislation impacting data practices, data security, and personal data
privacy. The commission is a
continuation of the commission that was established by Laws 2014, chapter 193,
as amended, and which expired June 30, 2019.
Subd. 2. Membership. The commission consists of four
senators appointed by the senate Subcommittee on Committees of the Committee on
Rules and Administration, and four members of the house of representatives
appointed by the speaker. Two members
from each chamber must be from the majority party in that chamber and two
members from each chamber must be from the minority party in that chamber. Each appointing authority must make
appointments as soon as possible after the beginning of the regular legislative
session in the odd-numbered year. The
ranking senator from the majority party appointed to the commission must
convene the first meeting of a biennium by February 15 in the odd-numbered year. The commission may elect up to four former
legislators who have demonstrated an interest in, or have a history of working
in, the areas of government data practices and personal data privacy to serve
as nonvoting members of the commission. The
former legislators must not be registered lobbyists. All commission members shall serve without
compensation and without reimbursement for mileage, meals, or other expenses.
Subd. 3. Terms;
vacancies. Members of the
commission serve for terms beginning upon appointment and ending at the
beginning of the regular legislative session in the next odd-numbered year. The appropriate appointing authority must
fill a vacancy for a seat of a current legislator for the remainder of the
unexpired term.
Subd. 4. Officers. The commission must elect a chair and
may elect other officers as it determines are necessary. The chair alternates between a member of the
senate and a member of the house of representatives in January of each
odd-numbered year.
Subd. 5. Staff. Legislative staff must provide
administrative and research assistance to the commission from existing
resources. The Legislative Coordinating
Commission may, if funding is available, appoint staff to provide research
assistance.
Subd. 6. Duties. The commission shall:
(1) review and provide the legislature
with research and analysis of emerging issues relating to government data
practices and security and privacy of personal data;
(2) review and make recommendations on
legislative proposals relating to the Minnesota Government Data Practices Act;
and
(3) review and make recommendations on
legislative proposals impacting personal data privacy rights, data security,
and other related issues.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Initial members of the commission serve for a term ending in January
2023. A member of the house of
representatives shall serve as the first
chair of the commission. A member of the
senate shall serve as chair of the commission beginning in January 2023.
Sec. 2. Minnesota Statutes 2020, section 13.045, subdivision 1, is amended to read:
Subdivision 1. Definitions. As used in this section:
(1) "program participant" has the meaning given in section 5B.02, paragraph (g);
(2) "location data" means any
data the participant specifies that may be used to physically locate a
program participant, including but not limited to such as the
program participant's residential address, work address, and or
school address, and that is collected, received, or maintained by a government
entity prior to the date a program participant's certification expires, or the
date the entity receives notice that the program participant has withdrawn from
the program, whichever is earlier;
(3) "identity data" means data that may be used to identify a program participant, including the program participant's name, phone number, email address, address designated under chapter 5B, Social Security number, or driver's license number, and that is collected, received, or maintained by a government entity before the date a program participant's certification expires, or the date the entity receives notice that the program participant has withdrawn from the program, whichever is earlier;
(4) "county recorder" means the county official who performs the functions of the county recorder or registrar of titles to record a document as part of the county real estate document recording system, regardless of title or office; and
(5) "real property records"
means any record of data that is maintained by a county as part of the
county real estate document recording system for use by the public, data on
assessments, data on real or personal property taxation, and other data on real
property.
Sec. 3. Minnesota Statutes 2020, section 13.045, subdivision 2, is amended to read:
Subd. 2. Notification
of certification. (a) A program
participant may submit a notice, in writing, to notify the
responsible authority of any government entity other than the county recorder in
writing, on a form prescribed by the secretary of state, that the
participant is certified in the Safe at Home address confidentiality program
pursuant to chapter 5B. The notice must
include the program participant's name, names of other program participants
in the household, date of birth, address designated under chapter
5B, program participant signature, signature of the participant's parent or
guardian if the participant is a minor, date the program participant's certification
in the program expires, and any other information specified by the secretary of
state. A program participant may submit
a subsequent notice of certification, if the participant's certification is
renewed. The contents of the
notification of certification are private data on individuals. A notice provided pursuant to this
paragraph is a request to protect location data unless the participant requests
that specific identity data also be protected.
(b) To affect real property records, including
but not limited to documents maintained in a public recording system, data on
assessments and taxation, and other data on real property, a program
participant 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. To affect real
property records maintained by any other government entity, a program
participant must submit a real property notice in writing to the other
government entity's responsible authority. A real property notice must be on a form
prescribed by the secretary of state and must include:
(1) the full legal name of the program participant, including middle name;
(2) the last four digits of the program participant's Social Security number;
(3) the participant's date of birth;
(3) (4) the designated
address of the program participant as assigned by the secretary of state,
including lot number;
(4) the date the program participant's
certification in the program expires;
(5) the legal description and street address, if any, of the real property affected by the notice;
(6) the address of the Office of the Secretary of State; and
(7) the signature of the program participant.
Only
one parcel of real property may be included in each notice, but more than one
notice may be presented to the county recorder. The county recorder The recipient
of the notice may require a program participant to provide additional
information necessary to identify the records of the program participant or the
real property described in the notice. A
program participant must submit a subsequent real property notice for the real
property if the participant's certification is renewed legal name
changes. The real property notice is
private data on individuals.
Sec. 4. Minnesota Statutes 2020, section 13.045, subdivision 3, is amended to read:
Subd. 3. Classification
of identity and location data; amendment of records; sharing and
dissemination. (a) Identity and
location data on for which a program participant who submits a
notice seeks protection under subdivision 2, paragraph (a), that are
not otherwise classified by law are private data on individuals. Notwithstanding any provision of law to
the contrary, private or confidential location data on a program participant
who submits a notice under subdivision 2, paragraph (a), may not be shared with
any other government entity or nongovernmental entity except as provided in
paragraph (b).
(b) Private or confidential location
data on a program participant must not be shared or disclosed by a government
entity Notwithstanding any provision of law to the contrary, private or
confidential location data on a program participant who submits a notice under
subdivision 2, paragraph (a), may not be shared with any other government
entity or nongovernmental entity unless:
(1) the program participant has expressly consented in writing to sharing or dissemination of the data for the purpose for which the sharing or dissemination will occur;
(2) the data are subject to sharing or dissemination pursuant to court order under section 13.03, subdivision 6;
(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;
(4) the location data related to county of residence are needed to provide public assistance or other government services, or to allocate financial responsibility for the assistance or services;
(5) the data are necessary to perform a government entity's health, safety, or welfare functions, including the provision of emergency 911 services, the assessment and investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection of services or locations for compliance with health, safety, or professional standards; or
(6) the data are necessary to aid an active law enforcement investigation of the program participant.
(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the purposes authorized in this subdivision and may not be further disclosed to any other person or government entity. Government entities receiving or sharing private or confidential data under this subdivision shall establish procedures to protect the data from further disclosure.
(d) Real property record data are governed by subdivision 4a.
(e) Notwithstanding sections 15.17 and 138.17,
a government entity may amend records to replace a participant's location data
with the participant's designated address.
Sec. 5. Minnesota Statutes 2020, section 13.045, subdivision 4a, is amended to read:
Subd. 4a. Real
property records. (a) If a program
participant submits a notice to a county recorder under subdivision 2,
paragraph (b), the county recorder government entity must not
disclose the program participant's identity data in conjunction with the
property identified in the written notice in the entity's real property
records, unless:
(1) the program participant has consented to sharing or dissemination of the data for the purpose identified in a writing acknowledged by the program participant;
(2) the data are subject to sharing or dissemination
pursuant to court order under section 13.03, subdivision 6; or
(3) the secretary of state authorizes the
sharing or dissemination of the data under subdivision 4b for the purpose
identified in the authorization.; or
(4) the data is shared with a government
entity subject to this chapter for the purpose of administering assessment and
taxation laws.
This subdivision does not prevent the a county
recorder from returning original documents to the individuals that submitted
the documents for recording. This
subdivision does not prevent the public disclosure of the participant's name
and address designated under chapter 5B in the county reception index if the
participant's name and designated address are not disclosed in conjunction with
location data. Each county recorder
government entity shall establish procedures for recording or filing
documents to comply with this subdivision.
These procedures may include masking identity or location data and
making documents or certificates of title containing the data 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 4b is deemed constructive notice of the document or
certificate.
(b) A real property notice is notice only
to the county recorder. A notice that
does not conform to the requirements of a real property notice under
subdivision 2, paragraph (b), is not effective as a notice to the county
recorder. On receipt of a real property
notice, the county recorder government entity shall provide a
copy of the notice to the person who maintains the property tax records in that
county jurisdiction, to the county's or municipality's
responsible authority, and provide a copy to the secretary of state at the
address specified by the secretary of state in the notice.
(c) Paragraph (a) applies only to the
records recorded or filed concurrently with the real property notice specified
in subdivision 2, paragraph (b), and real property records affecting the same
real property created or recorded subsequent to the county's government
entity's receipt of the real property notice.
(d) The prohibition on disclosure in paragraph (a) continues until:
(1) the program participant has consented to the termination of the real property notice in a writing acknowledged by the program participant. Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination;
(2) the real property notice is terminated pursuant to a court order. Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination;
(3) the program participant no longer holds a record interest in the real property identified in the real property notice. Notification under this paragraph must be given by the government entity to the secretary of state within 90 days of the termination; or
(4) the secretary of state has given
written notice to the county recorder government entity who
provided the secretary of state with a copy of a participant's real property
notice that the program participant's certification has terminated. Notification under this paragraph must be
given by the secretary of state within 90 days of the termination.
Upon
termination of the prohibition of disclosure, the county recorder government
entity shall make publicly viewable all documents and certificates of title
relative to the participant that were previously partially or wholly private
and not viewable.
Sec. 6. Minnesota Statutes 2020, section 13.32, subdivision 3, is amended to read:
Subd. 3. Private data; when disclosure is permitted. Except as provided in subdivision 5, educational data is private data on individuals and shall not be disclosed except as follows:
(a) pursuant to section 13.05;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access to the private data;
(d) to disclose information in health, including mental health, and safety emergencies pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code of Federal Regulations, title 34, section 99.36;
(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
(f) to appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;
(g) when disclosure is required for institutions that participate in a program under title IV of the Higher Education Act, United States Code, title 20, section 1092;
(h) to the appropriate school district officials to the extent necessary under subdivision 6, annually to indicate the extent and content of remedial instruction, including the results of assessment testing and academic performance at a postsecondary institution during the previous academic year by a student who graduated from a Minnesota school district within two years before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the system to effectively serve, prior to adjudication, the student whose records are released; provided that the authorities to whom the data are released submit a written request for the data that certifies that the data will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student and the request and a record of the release are maintained in the student's file;
(j) to volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;
(k) to provide student recruiting information, from educational data held by colleges and universities, as required by and subject to Code of Federal Regulations, title 32, section 216;
(l) to the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;
(m) with respect to Social Security numbers of students in the adult basic education system, to Minnesota State Colleges and Universities and the Department of Employment and Economic Development for the purpose and in the manner described in section 124D.52, subdivision 7;
(n) to the commissioner of education for purposes of an assessment or investigation of a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request by the commissioner of education, data that are relevant to a report of maltreatment and are from charter school and school district investigations of alleged maltreatment of a student must be disclosed to the commissioner, including, but not limited to, the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response to a report of maltreatment by an employee or agent of the school or school district;
(o) when the disclosure is of the final results of a disciplinary proceeding on a charge of a crime of violence or nonforcible sex offense to the extent authorized under United States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 34, sections 99.31 (a)(13) and (14);
(p) when the disclosure is information
provided to the institution under United States Code, title 42, section 14071,
concerning registered sex offenders to the extent authorized under United States
Code, title 20, section 1232g(b)(7); or
(q) when the disclosure is to a parent of a
student at an institution of postsecondary education regarding the student's
violation of any federal, state, or local law or of any rule or policy of the
institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section
1232g(i), and Code of Federal Regulations, title 34, section 99.31 (a)(15), and
provided the institution has an information release form signed by the student
authorizing disclosure to a parent. The
institution must notify parents and students about the purpose and availability
of the information release forms. At a
minimum, the institution must distribute the information release forms at
parent and student orientation meetings.; or
(r) with tribal nations about tribally
enrolled or descendant students to the extent necessary for the tribal nation
and school district or charter school to support the educational attainment of
the student.
Sec. 7. [13.3655]
ATTORNEY GENERAL DATA CODED ELSEWHERE.
Subdivision 1. Scope. The sections referred to in this
section are codified outside this chapter.
Those sections classify attorney general data as other than public,
place restrictions on access to government data, or involve data sharing.
Subd. 2. Jailhouse
witnesses. Data collected and
maintained by the attorney general regarding jailhouse witnesses are governed
by section 634.045.
EFFECTIVE
DATE. This section is effective
August 1, 2021.
Sec. 8. Minnesota Statutes 2020, section 13.7931, is amended by adding a subdivision to read:
Subd. 1b. Data
on individuals who are minors. Data
on individuals who are minors that are collected, created, received,
maintained, or disseminated by the Department of Natural Resources are
classified under section 84.0873.
Sec. 9. Minnesota Statutes 2020, section 13.82, is amended by adding a subdivision to read:
Subd. 33. Mental
health care data. (a) Mental
health data received from the welfare system as described in section 13.46,
subdivision 7, are classified as described in that section.
(b) Data received from a provider as
described in section 144.294 are classified as described in that section.
(c) Health records received from a
provider are governed by section 144.293.
(d) The following data on individuals
created or collected by law enforcement agencies are private data on
individuals, unless the data become criminal investigative data, in which the
data are classified by subdivision 7:
(1) medications taken by an individual;
(2) mental illness diagnoses;
(3) the psychological or psychosocial
history of an individual;
(4) risk factors or potential triggers
related to an individual's mental health;
(5) mental health or social service
providers serving an individual; and
(6) data pertaining to the coordination
of social service or mental health care on behalf of an individual, including
the scheduling of appointments, responses from providers, and follow-up.
(e) Data classified as private by
paragraph (d) may be shared with the welfare system, as defined in section
13.46, subdivision 1, paragraph (c), or with a provider as defined by section
144.291, subdivision 2, paragraph (i), to coordinate necessary services on behalf
of the subject of the data.
(f) This subdivision does not affect
the classification of data made public by subdivision 2, 3, or 6 or those
portions of inactive investigative data made public by subdivision 7.
Sec. 10. Minnesota Statutes 2020, section 13.824, subdivision 6, is amended to read:
Subd. 6. Biennial audit. (a) In addition to the log required under subdivision 5, the law enforcement agency must maintain records showing the date and time automated license plate reader data were collected and the applicable classification of the data. The law enforcement agency shall arrange for an independent, biennial audit of the records to determine whether data currently in the records are classified, how the data are used, whether they are destroyed as required under this section, and to verify compliance with subdivision 7. If the commissioner of administration believes that a law enforcement agency is not complying with this section or other applicable law, the commissioner may order a law enforcement agency to arrange for additional independent audits. Data in the records required under this paragraph are classified as provided in subdivision 2.
(b) The results of the audit are public. The commissioner of administration shall review the results of the audit. If the commissioner determines that there is a pattern of substantial noncompliance with this section by the law enforcement agency, the agency must immediately suspend operation of all automated license plate reader devices until the commissioner has authorized the agency to reinstate their use. An order of suspension under this paragraph may be issued by the commissioner, upon review of the results of the audit, review of the applicable provisions of this chapter, and after providing the agency a reasonable opportunity to respond to the audit's findings.
(c)
A report summarizing the results of each audit must be provided to the
commissioner of administration, to the chair chairs and ranking
minority members of the committees of the house of representatives and the
senate with jurisdiction over data practices and public safety issues, and to
the Legislative Commission on Data Practices and Personal Data Privacy no later
than 30 days following completion of the audit.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2020, section 13.825, subdivision 9, is amended to read:
Subd. 9. Biennial audit. (a) A law enforcement agency must maintain records showing the date and time portable recording system data were collected and the applicable classification of the data. The law enforcement agency shall arrange for an independent, biennial audit of the data to determine whether data are appropriately classified according to this section, how the data are used, and whether the data are destroyed as required under this section, and to verify compliance with subdivisions 7 and 8. If the governing body with jurisdiction over the budget of the agency determines that the agency is not complying with this section or other applicable law, the governing body may order additional independent audits. Data in the records required under this paragraph are classified as provided in subdivision 2.
(b) The results of the audit are public, except for data that are otherwise classified under law. The governing body with jurisdiction over the budget of the law enforcement agency shall review the results of the audit. If the governing body determines that there is a pattern of substantial noncompliance with this section, the governing body must order that operation of all portable recording systems be suspended until the governing body has authorized the agency to reinstate their use. An order of suspension under this paragraph may only be made following review of the results of the audit and review of the applicable provisions of this chapter, and after providing the agency and members of the public a reasonable opportunity to respond to the audit's findings in a public meeting.
(c) A report summarizing the results of
each audit must be provided to the governing body with jurisdiction over the
budget of the law enforcement agency and, to the Legislative
Commission on Data Practices and Personal Data Privacy, and to the chairs
and ranking minority members of the committees of the house of representatives
and the senate with jurisdiction over data practices and public safety issues
no later than 60 days following completion of the audit.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota Statutes 2020, section 13.856, subdivision 3, is amended to read:
Subd. 3. Public data. The following closed case data maintained by the ombudsperson are classified as public data pursuant to section 13.02, subdivision 15:
(1) client name;
(2) client location; and
(3) the inmate identification number assigned by the Department of Corrections.
Sec. 13. [84.0873]
DATA ON INDIVIDUALS WHO ARE MINORS.
(a) When the Department of Natural
Resources collects, creates, receives, maintains, or disseminates the following
data on individuals who the department knows are minors, the data are
considered private data on individuals, as
defined in section 13.02, subdivision 12, except for data classified as public
data according to section 13.43:
(1) name;
(2)
date of birth;
(3) Social Security number;
(4) telephone number;
(5) email address;
(6) physical or mailing address;
(7) location data;
(8) online account access information;
(9) data associated with the location
of electronic devices; and
(10) other data that would identify
participants who have registered for events, programs, or classes sponsored by
the Department of Natural Resources.
(b) Data about minors classified under
this section maintain their classification as private data on individuals after
the individual is no longer a minor.
Sec. 14. Minnesota Statutes 2020, section 144.225, subdivision 7, is amended to read:
Subd. 7. Certified birth or death record. (a) The state registrar or local issuance office shall issue a certified birth or death record or a statement of no vital record found to an individual upon the individual's proper completion of an attestation provided by the commissioner and payment of the required fee:
(1) to a person who has a tangible
interest in the requested vital record. A
person who has a tangible interest is:
(i) the subject of the vital record;
(ii) a child of the subject;
(iii) the spouse of the subject;
(iv) a parent of the subject;
(v) the grandparent or grandchild of the subject;
(vi) if the requested record is a death record, a sibling of the subject;
(vii) the party responsible for filing
the vital record;
(viii) (vii) the legal
custodian, guardian or conservator, or health care agent of the subject;
(ix) (viii) a personal
representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;
(x) (ix) a successor of the
subject, as defined in section 524.1-201, if the subject is deceased, by sworn
affidavit of the fact that the certified copy is required for administration of
the estate;
(xi) (x) if the requested record is a death record, a trustee of a trust by sworn affidavit of the fact that the certified copy is needed for the proper administration of the trust;
(xii) (xi) a person or entity
who demonstrates that a certified vital record is necessary for the
determination or protection of a personal or property right, pursuant to rules
adopted by the commissioner; or
(xiii) (xii) an adoption
agency in order to complete confidential postadoption searches as required by
section 259.83;
(2) to any local, state, tribal, or federal governmental agency upon request if the certified vital record is necessary for the governmental agency to perform its authorized duties;
(3) to an attorney representing the subject of the vital record or another person listed in clause (1), upon evidence of the attorney's license;
(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes of this section, a subpoena does not constitute a court order; or
(5) to a representative authorized by a person under clauses (1) to (4).
(b) The state registrar or local issuance
office shall also issue a certified death record to an individual described in
paragraph (a), clause (1), items (ii) to (viii) (xi), if, on
behalf of the individual, a licensed mortician furnishes the registrar with a
properly completed attestation in the form provided by the commissioner within
180 days of the time of death of the subject of the death record. This paragraph is not subject to the
requirements specified in Minnesota Rules, part 4601.2600, subpart 5, item B.
Sec. 15. [611A.95]
CERTIFICATIONS FOR VICTIMS OF CRIMES.
Subdivision 1. Definitions. For purposes of this section, the
following terms have the meanings given:
(1) "certifying entity" means
a state or local law enforcement agency;
(2) "criminal activity" means
qualifying criminal activity pursuant to section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act, and includes the attempt, conspiracy, or
solicitation to commit such crimes; and
(3) "certification" means any
certification or statement required by federal immigration law including but
not limited to the information required by United States Code, title 8, section
1184(p), and United States Code, title 8, section 1184(o), including current
United States Citizenship and Immigration Services Form I-918, Supplement B,
and United States Citizenship and Immigration Services Form I-914, Supplement B,
and any successor forms.
Subd. 2. Certification
process. (a) A certifying
entity shall process a certification requested by a victim of criminal activity
or a representative of the victim, including but not limited to the victim's
attorney, family member, or domestic violence or sexual assault violence
advocate, within the time period prescribed in paragraph (b).
(b) A certifying entity shall process
the certification within 90 days of request, unless the victim is in removal
proceedings, in which case the certification shall be processed within 14 days
of the request. Requests for expedited
certification must be affirmatively raised at the time of the request.
(c) An active investigation, the filing
of charges, or a prosecution or conviction are not required for the victim of
criminal activity to request and obtain the certification.
Subd. 3. Certifying
entity; designated agent. (a)
The head of a certifying entity shall designate an agent to perform the
following responsibilities:
(1) timely process requests for
certification;
(2) provide outreach to victims of
criminal activity to inform them of the entity's certification process; and
(3) keep a written or electronic record
of all certification requests and responses.
(b) All certifying entities shall
implement a language access protocol for non-English-speaking victims of
criminal activity.
Subd. 4. Disclosure
prohibited; data classification. (a)
A certifying entity is prohibited from disclosing the immigration status of a
victim of criminal activity or a representative requesting the certification,
except to comply with federal law or legal process, or if authorized by the
victim of criminal activity or the representative requesting the certification.
(b) Data provided to a certifying
entity under this section is classified as private data pursuant to section
13.02, subdivision 12.
EFFECTIVE
DATE. Subdivisions 1, 2, and
4 are effective the day following final enactment. Subdivision 3 is effective July 1, 2021.
Sec. 16. INITIAL
APPOINTMENTS AND MEETINGS.
Appointing authorities for the
Legislative Commission on Data Practices under Minnesota Statutes, section
3.8844, must make initial appointments by June 1, 2021. The speaker of the house of representatives
must designate one member of the commission to convene the first meeting of the
commission by June 15, 2021.
ARTICLE 7
FORFEITURE
Section 1. Minnesota Statutes 2020, section 169A.63, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given them.
(b) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense or to require a test under section 169A.51 (chemical tests for intoxication).
(c) "Asserting person" means
a person, other than the driver alleged to have committed a designated offense,
claiming an ownership interest in a vehicle that has been seized or restrained
under this section.
(c) (d) "Claimant"
means an owner of a motor vehicle or a person claiming a leasehold or security
interest in a motor vehicle.
(d) (e) "Designated
license revocation" includes a license revocation under section 169A.52
(license revocation for test failure or refusal) or 171.177 (revocation; search
warrant) or a license disqualification under section 171.165 (commercial
driver's license disqualification) resulting from a violation of section
169A.52 or 171.177; within ten years of the first of two or more qualified
prior impaired driving incidents.
(e) (f) "Designated
offense" includes:
(1)
a violation of section 169A.20 (driving while impaired) under the circumstances
described in section 169A.24 (first-degree driving while impaired), or
169A.25 (second-degree driving while impaired); or
(2) a violation of section 169A.20 or an
ordinance in conformity with it: within ten years of the first of
two qualified prior impaired driving incidents.
(i) by a person whose driver's license
or driving privileges have been canceled as inimical to public safety under
section 171.04, subdivision 1, clause (10), and not reinstated; or
(ii) by a person who is subject to a
restriction on the person's driver's license under section 171.09
(commissioner's license restrictions), which provides that the person may not
use or consume any amount of alcohol or a controlled substance.
(f) (g) "Family or
household member" means:
(1) a parent, stepparent, or guardian;
(2) any of the following persons related by blood, marriage, or adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent, great-uncle, great-aunt; or
(3) persons residing together or persons who regularly associate and communicate with one another outside of a workplace setting.
(g) (h) "Motor
vehicle" and "vehicle" do not include a vehicle which is stolen
or taken in violation of the law.
(h) (i) "Owner"
means a person legally entitled to possession, use, and control of a motor
vehicle, including a lessee of a motor vehicle if the lease agreement has a
term of 180 days or more. There is a
rebuttable presumption that a person registered as the owner of a motor vehicle
according to the records of the Department of Public Safety is the legal owner. For purposes of this section, if a motor
vehicle is owned jointly by two or more people, each owner's interest extends
to the whole of the vehicle and is not subject to apportionment.
(i) (j) "Prosecuting
authority" means the attorney in the jurisdiction in which the designated
offense occurred who is responsible for prosecuting violations of a designated
offense or a designee. If a state agency
initiated the forfeiture, and the attorney responsible for prosecuting the
designated offense declines to pursue forfeiture, the Attorney General's Office
or its designee may initiate forfeiture under this section.
(j) (k) "Security interest" means a
bona fide security interest perfected according to section 168A.17, subdivision
2, based on a loan or other financing that, if a vehicle is required to
be registered under chapter 168, is listed on the vehicle's title.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 2. Minnesota Statutes 2020, section 169A.63, subdivision 7, is amended to read:
Subd. 7. Limitations on vehicle forfeiture. (a) A vehicle is presumed subject to forfeiture under this section if:
(1) the driver is convicted of the
designated offense upon which the forfeiture is based; or
(2) the driver fails to appear for a
scheduled court appearance with respect to the designated offense charged and
fails to voluntarily surrender within 48 hours after the time required for
appearance; or
(3) (2) the driver's conduct results in a designated license revocation and the driver fails to seek judicial review of the revocation in a timely manner as required by section 169A.53, subdivision 2, (petition for judicial review), or the license revocation is judicially reviewed and sustained under section 169A.53, subdivision 2.
(b) A vehicle encumbered by a security interest perfected according to section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more, is subject to the interest of the secured party or lessor unless the party or lessor had knowledge of or consented to the act upon which the forfeiture is based. However, when the proceeds of the sale of a seized vehicle do not equal or exceed the outstanding loan balance, the appropriate agency shall remit all proceeds of the sale to the secured party after deducting the agency's costs for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the vehicle is conducted in a commercially reasonable manner consistent with the provisions of section 336.9-610, the agency is not liable to the secured party for any amount owed on the loan in excess of the sale proceeds. The validity and amount of a nonperfected security interest must be established by its holder by clear and convincing evidence.
(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act or omission upon which the forfeiture is based if the secured party or lessor demonstrates by clear and convincing evidence that the party or lessor took reasonable steps to terminate use of the vehicle by the offender.
(d) A motor vehicle is not subject to
forfeiture under this section if any of its owners who petition the court can demonstrate
by clear and convincing evidence that the petitioning owner did not have actual
or constructive knowledge that the vehicle would be used or operated in any
manner contrary to law or that the petitioning owner took reasonable steps to
prevent use of the vehicle by the offender.
If the offender is a family or household member of any of the owners who
petition the court and has three or more prior impaired driving convictions,
the petitioning owner is presumed to know of any vehicle use by the offender
that is contrary to law. "Vehicle
use contrary to law" includes, but is not limited to, violations of the
following statutes:
(1) section 171.24 (violations; driving
without valid license);
(2) section 169.791 (criminal penalty
for failure to produce proof of insurance);
(3) section 171.09 (driving
restrictions; authority, violations);
(4) section 169A.20 (driving while
impaired);
(5) section 169A.33 (underage drinking
and driving); and
(6) section 169A.35 (open bottle law).
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 3. Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to read:
Subd. 7a. Innocent
owner. (a) An asserting
person may bring an innocent owner claim by notifying the prosecuting authority
in writing and within 60 days of the service of the notice of seizure.
(b) Upon receipt of notice pursuant to
paragraph (a), the prosecuting authority may release the vehicle to the asserting
person. If the prosecuting authority
proceeds with the forfeiture, the prosecuting authority must, within 30 days,
file a separate complaint in the name of the jurisdiction pursuing the
forfeiture against the vehicle, describing the vehicle, specifying that the
vehicle was used in the commission of a designated offense or was used in
conduct resulting in a designated license revocation, and specifying the time
and place of the vehicle's unlawful use.
The complaint may be filed in district court or conciliation court and
the filing fee is waived.
(c)
A complaint filed by the prosecuting authority must be served on the asserting
person and on any other registered owners.
Service may be made by certified mail at the address listed in the
Department of Public Safety's computerized motor vehicle registration records
or by any means permitted by court rules.
(d) The hearing on the complaint shall,
to the extent practicable, be held within 30 days of the filing of the petition. The court may consolidate the hearing on the
complaint with a hearing on any other complaint involving a claim of an
ownership interest in the same vehicle.
(e) At a hearing held pursuant to this
subdivision, the prosecuting authority must:
(1)
prove by a preponderance of the evidence that the seizure was incident to a
lawful arrest or a lawful search; and
(2) certify that the prosecuting
authority has filed, or intends to file, charges against the driver for a
designated offense or that the driver has a designated license revocation.
(f) At a hearing held pursuant to this
subdivision, the asserting person must prove by a preponderance of the evidence
that the asserting person:
(1) has an actual ownership interest in
the vehicle; and
(2) did not have actual or constructive
knowledge that the vehicle would be used or operated in any manner contrary to
law or that the asserting person took reasonable steps to prevent use of the
vehicle by the alleged offender.
(g) If the court determines that the
state met both burdens under paragraph (e) and the asserting person failed to
meet any burden under paragraph (f), the court shall order that the vehicle
remains subject to forfeiture under this section.
(h) The court shall order that the
vehicle is not subject to forfeiture under this section and shall order the
vehicle returned to the asserting person if it determines that:
(1) the state failed to meet any burden
under paragraph (e);
(2) the asserting person proved both
elements under paragraph (f); or
(3) clauses (1) and (2) apply.
(i) If the court determines that the
asserting person is an innocent owner and orders the vehicle returned to the
innocent owner, an entity in possession of the vehicle is not required to
release it until the innocent owner pays:
(1) the reasonable costs of the towing,
seizure, and storage of the vehicle incurred before the innocent owner provided
the notice required under paragraph (a); and
(2) any reasonable costs of storage of
the vehicle incurred more than two weeks after an order issued under paragraph
(h).
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 4. Minnesota Statutes 2020, section 169A.63, subdivision 8, is amended to read:
Subd. 8. Administrative forfeiture procedure. (a) A motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation is subject to administrative forfeiture under this subdivision.
(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within a reasonable time after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership, possessory, or security interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to be registered under chapter 168, the notification to a person known to have a security interest in the vehicle is required only if the vehicle is registered under chapter 168 and the interest is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown. Notice mailed by certified mail to the address shown in Department of Public Safety records is sufficient notice to the registered owner of the vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed by certified mail to the address shown in the applicable filing or registration for the vehicle is sufficient notice to a person known to have an ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English. This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: If you were the person arrested when the
property was seized, you will automatically lose the above-described property
and the right to be heard in court if you do not file a lawsuit and serve the
prosecuting authority within 60 days. You
may file your lawsuit in conciliation court if the property is worth $15,000 or
less; otherwise, you must file in district court. You may do not have to pay a
filing fee for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation court
fee if your property is worth less than $500.
WARNING: If you have an ownership interest in the above-described property and were not the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."
(d) If notice is not sent in accordance
with paragraph (b), and no time extension is granted or the extension period
has expired, the appropriate agency shall return the property vehicle
to the person from whom the property was seized, if known owner. An agency's return of property due to lack of
proper notice does not restrict the agency's authority to commence a forfeiture
proceeding at a later time. The
agency shall not be required to return contraband or other property that the
person from whom the property was seized may not legally possess.
(e) Within 60 days following service of a notice of seizure and forfeiture under this subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service
of
a copy of the complaint on the prosecuting authority having jurisdiction over
the forfeiture, including the standard filing fee for civil actions unless
the petitioner has the right to sue in forma pauperis under section 563.01. The claimant may serve the complaint by certified
mail or any means permitted by court rules.
If the value of the seized property is $15,000 or less, the claimant may
file an action in conciliation court for recovery of the seized vehicle. A copy of the conciliation court statement of
claim must be served personally or by mail on the prosecuting authority having
jurisdiction over the forfeiture, as well as on the appropriate agency that
initiated the forfeiture, within 60 days following service of the notice of
seizure and forfeiture under this subdivision.
If the value of the seized property is less than $500, The
claimant does not have to pay the conciliation court filing fee.
No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. The prosecuting authority may appear for the appropriate agency. Pleadings, filings, and methods of service are governed by the Rules of Civil Procedure.
(f) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and any affirmative defenses the claimant may have. Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(g) If the claimant makes a timely demand for a judicial determination under this subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 5. Minnesota Statutes 2020, section 169A.63, subdivision 9, is amended to read:
Subd. 9. Judicial forfeiture procedure. (a) This subdivision governs judicial determinations of the forfeiture of a motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation. An action for forfeiture is a civil in rem action and is independent of any criminal prosecution. All proceedings are governed by the Rules of Civil Procedure.
(b) If no demand for judicial determination of the forfeiture is pending, the prosecuting authority may, in the name of the jurisdiction pursuing the forfeiture, file a separate complaint against the vehicle, describing it, specifying that it was used in the commission of a designated offense or was used in conduct resulting in a designated license revocation, and specifying the time and place of its unlawful use.
(c) The prosecuting authority may file an answer to a properly served demand for judicial determination, including an affirmative counterclaim for forfeiture. The prosecuting authority is not required to file an answer.
(d) A judicial determination under this subdivision must be held at the earliest practicable date, and in any event no later than 180 days following the filing of the demand by the claimant. If a related criminal proceeding is pending, the hearing shall not be held until the conclusion of the criminal proceedings. The district court administrator shall schedule the hearing as soon as practicable after the conclusion of the criminal prosecution. The district court administrator shall establish procedures to ensure efficient compliance with this subdivision. The hearing is to the court without a jury.
(e) There is a presumption that a vehicle seized under this section is subject to forfeiture if the prosecuting authority establishes that the vehicle was used in the commission of a designated offense or designated license revocation. A claimant bears the burden of proving any affirmative defense raised.
(f) If the forfeiture is based on the commission of a designated offense and the person charged with the designated offense appears in court as required and is not convicted of the offense, the court shall order the property returned to the person legally entitled to it upon that person's compliance with the redemption requirements of section 169A.42. If the forfeiture is based on a designated license revocation, and the license revocation is rescinded under section 169A.53, subdivision 3 (judicial review hearing, issues, order, appeal), the court shall order the property returned to the person legally entitled to it upon that person's compliance with the redemption requirements of section 169A.42.
(g) If the lawful ownership of the vehicle
used in the commission of a designated offense or used in conduct resulting in
a designated license revocation can be determined and the owner makes the
demonstration required under subdivision 7, paragraph (d) 7a, the
vehicle must be returned immediately upon the owner's compliance with the
redemption requirements of section 169A.42.
(h) If the court orders the return of a
seized vehicle under this subdivision it must order that filing fees be
reimbursed to the person who filed the demand for judicial determination. In addition, the court may order sanctions
under section 549.211 (sanctions in civil actions). Any reimbursement fees or sanctions
must be paid from other forfeiture proceeds of the law enforcement agency and
prosecuting authority involved and in the same proportion as distributed under
subdivision 10, paragraph (b).
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 6. Minnesota Statutes 2020, section 169A.63, subdivision 10, is amended to read:
Subd. 10. Disposition of forfeited vehicle. (a) If the vehicle is administratively forfeited under subdivision 8, or if the court finds under subdivision 9 that the vehicle is subject to forfeiture under subdivisions 6 and 7, the appropriate agency shall:
(1) sell the vehicle and distribute the proceeds under paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for official use, it shall make reasonable efforts to ensure that the motor vehicle is available for use by the agency's officers who participate in the drug abuse resistance education program.
(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, towing, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:
(1) 70 percent of the proceeds must be
forwarded to the appropriate agency for deposit as a supplement to the state or
local agency's operating fund or similar fund for use in DWI-related
enforcement, training, and education, crime prevention, equipment, or
capital expenses; and
(2) 30 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes, training, education, crime prevention, equipment, or capital expenses. For purposes of this subdivision, the prosecuting authority shall not include privately contracted prosecutors of a local political subdivision and, in those events, the forfeiture proceeds shall be forwarded to the political subdivision where the forfeiture was handled for the purposes identified in clause (1).
(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell the vehicle to: (1) an officer or employee of the agency that seized the property or to a person related to the officer or employee by blood or marriage; or (2) the prosecuting authority or any individual working in the same office or a person related to the authority or individual by blood or marriage.
(d) Sales of forfeited vehicles under this section must be conducted in a commercially reasonable manner.
(e) If a vehicle is forfeited administratively under this section and no demand for judicial determination is made, the appropriate agency shall provide the prosecuting authority with a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a statement of probable cause for forfeiture of the property, and a description of the property and its estimated value. Upon review and certification by the prosecuting authority that (1) the appropriate agency provided a receipt in accordance with subdivision 2, paragraph (c), (2) the appropriate agency served notice in accordance with subdivision 8, and (3) probable cause for forfeiture exists based on the officer's statement, the appropriate agency may dispose of the property in any of the ways listed in this subdivision.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 7. Minnesota Statutes 2020, section 169A.63, subdivision 13, is amended to read:
Subd. 13. Exception. (a) A forfeiture proceeding is stayed
and the vehicle must be returned if the driver who committed a
designated offense or whose conduct resulted in a designated license revocation
becomes a program participant in the ignition interlock program under section
171.306 at any time before the motor vehicle is forfeited, the forfeiture
proceeding is stayed and the vehicle must be returned and any of the
following apply:
(1) the driver committed a designated
offense other than a violation of section 169A.20 under the circumstances
described in section 169A.24; or
(2) the driver is accepted into a treatment court dedicated to changing the behavior of alcohol- and other drug‑dependent offenders arrested for driving while impaired.
(b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph (a) may be seized and the forfeiture action may proceed under this section if the program participant described in paragraph (a):
(1) subsequently operates a motor vehicle:
(i) to commit a violation of section 169A.20 (driving while impaired);
(ii) in a manner that results in a license revocation under section 169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license disqualification under section 171.165 (commercial driver's license disqualification) resulting from a violation of section 169A.52 or 171.177;
(iii) after tampering with, circumventing, or bypassing an ignition interlock device; or
(iv) without an ignition interlock device at
any time when the driver's license requires such device; or
(2) either voluntarily or involuntarily ceases to participate in the program for more than 30 days, or fails to successfully complete it as required by the Department of Public Safety due to:
(i) two or more occasions of the participant's driving privileges being withdrawn for violating the terms of the program, unless the withdrawal is determined to be caused by an error of the department or the interlock provider; or
(ii) violating the terms of the contract
with the provider as determined by the provider.; or
(3) if forfeiture was stayed after the
driver entered a treatment court, the driver ceases to be a participant in the
treatment court for any reason.
(c) Paragraph (b) applies only if the described conduct occurs before the participant has been restored to full driving privileges or within three years of the original designated offense or designated license revocation, whichever occurs latest.
(d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide a discounted rate to indigent program participants applies also to device installation under this subdivision.
(e) An impound or law enforcement storage lot operator must allow an ignition interlock manufacturer sufficient access to the lot to install an ignition interlock device under this subdivision.
(f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have been paid by the vehicle owner.
(g) At any time prior to the vehicle being
forfeited, the appropriate agency may require that the owner or driver of the
vehicle give security or post bond payable to the appropriate agency in an
amount equal to the retail value surrender the title of the seized
vehicle. If this occurs, any future
forfeiture action against the vehicle must instead proceed against the security
as if it were the vehicle.
(h) The appropriate agency may require
an owner or driver to give security or post bond payable to the agency in an
amount equal to the retail value of the vehicle, prior to releasing the vehicle
from the impound lot to install an ignition interlock device.
(i) (h) If an event described
in paragraph (b) occurs in a jurisdiction other than the one in which the
original forfeitable event occurred, and the vehicle is subsequently forfeited,
the proceeds shall be divided equally, after payment of seizure, towing,
storage, forfeiture, and sale expenses and satisfaction of valid liens against
the vehicle, among the appropriate agencies and prosecuting authorities in each
jurisdiction.
(j) (i) Upon successful
completion of the program, the stayed forfeiture proceeding is terminated or
dismissed and any vehicle, security, or bond held by an agency must be returned
to the owner of the vehicle.
(k) (j) A claimant of a
vehicle for which a forfeiture action was stayed under paragraph (a) but which
later proceeds under paragraph (b), may file a demand for judicial forfeiture
as provided in subdivision 8, in which case the forfeiture proceedings must be
conducted as provided in subdivision 9.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 8. Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to read:
Subd. 14. Subsequent
unlawful use of seized vehicle; immunity.
An appropriate agency or prosecuting authority, including but not
limited to any peace officer as defined in section 626.84, subdivision 1,
paragraph (c); prosecutor; or employee of an appropriate agency or prosecuting
authority who, in good faith and within the course and scope of the official
duties of the person or entity, returns a vehicle seized under this chapter to
the owner pursuant to this section shall be immune from criminal or civil
liability regarding any event arising out of the subsequent unlawful or
unauthorized use of the motor vehicle.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 9. Minnesota Statutes 2020, section 609.531, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given them.
(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the
Bureau of Criminal Apprehension, the Department of Commerce Fraud Bureau, the
Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol,
a county sheriff's department, the Three Rivers Park District park rangers
Department of Public Safety, the Department of Natural Resources
Division of Enforcement, the University of Minnesota Police Department, the
Department of Corrections Fugitive Apprehension Unit, a city, metropolitan
transit, or airport police department; or a multijurisdictional entity
established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
(i) "Asserting person" means a
person, other than the driver alleged to have used a vehicle in the
transportation or exchange of a controlled substance intended for distribution
or sale, claiming an ownership interest in a vehicle that has been seized or
restrained under this section.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 10. Minnesota Statutes 2020, section 609.531, is amended by adding a subdivision to read:
Subd. 9. Transfer
of forfeitable property to federal government. The appropriate agency shall not
directly or indirectly transfer property subject to forfeiture under sections
609.531 to 609.5318 to a federal agency if the transfer would circumvent state
law.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 11. Minnesota Statutes 2020, section 609.5311, subdivision 2, is amended to read:
Subd. 2. Associated
property. (a) All personal
property, and real and personal property, other
than homestead property exempt from seizure under section 510.01, that has
been used, or is intended for use, or has in any way facilitated, in whole or
in part, the manufacturing, compounding, processing, delivering, importing,
cultivating, exporting, transporting, or exchanging of contraband or a
controlled substance that has not been lawfully manufactured, distributed,
dispensed, and acquired is an instrument or represents the proceeds of a
controlled substance offense is subject to forfeiture under this section,
except as provided in subdivision 3.
(b) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture under paragraph (a).
(c)
Money is the property of an appropriate agency and may be seized and recovered
by the appropriate agency if:
(1) the money is used by an appropriate
agency, or furnished to a person operating on behalf of an appropriate agency,
to purchase or attempt to purchase a controlled substance; and
(2) the appropriate agency records the
serial number or otherwise marks the money for identification.
As used in this paragraph, "money" means United
States currency and coin; the currency and coin of a foreign country; a bank
check, cashier's check, or traveler's check; a prepaid credit card;
cryptocurrency; or a money order.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 12. Minnesota Statutes 2020, section 609.5311, subdivision 3, is amended to read:
Subd. 3. Limitations
on forfeiture of certain property associated with controlled substances. (a) A conveyance device is subject to
forfeiture under this section only if the retail value of the controlled
substance is $75 $100 or more and the conveyance device is
associated with a felony-level controlled substance crime was used in
the transportation or exchange of a controlled substance intended for
distribution or sale.
(b) Real property is subject to forfeiture under this section only if the retail value of the controlled substance or contraband is $2,000 or more.
(c) Property used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the owner of the property is a consenting party to, or is privy to, the use or intended use of the property as described in subdivision 2.
(d) Property is subject to forfeiture under this section only if its owner was privy to the use or intended use described in subdivision 2, or the unlawful use or intended use of the property otherwise occurred with the owner's knowledge or consent.
(e) Forfeiture under this section of a conveyance device or real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had knowledge of or consented to the act or omission upon which the forfeiture is based. A person claiming a security interest bears the burden of establishing that interest by clear and convincing evidence.
(f) Forfeiture under this section of real property is subject to the interests of a good faith purchaser for value unless the purchaser had knowledge of or consented to the act or omission upon which the forfeiture is based.
(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture based solely on the owner's or secured party's knowledge of the unlawful use or intended use of the property if: (1) the owner or secured party took reasonable steps to terminate use of the property by the offender; or (2) the property is real property owned by the parent of the offender, unless the parent actively participated in, or knowingly acquiesced to, a violation of chapter 152, or the real property constitutes proceeds derived from or traceable to a use described in subdivision 2.
(h) Money is subject to forfeiture under
this section only if it has a total value of $1,500 or more or there is
probable cause to believe that the money was exchanged for the purchase of a
controlled substance. As used in this
paragraph, "money" means United States currency and coin; the
currency and coin of a foreign country; a bank check, cashier's check, or
traveler's check; a prepaid credit card; cryptocurrency; or a money order.
(h) (i) The Department of
Corrections Fugitive Apprehension Unit shall not seize a conveyance device or
real property, for the purposes of forfeiture under paragraphs (a) to (g).
(j) Nothing in this subdivision
prohibits the seizure, with or without warrant, of any property or thing for
the purpose of being produced as evidence on any trial or for any other lawful
purpose.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 13. Minnesota Statutes 2020, section 609.5311, subdivision 4, is amended to read:
Subd. 4. Records;
proceeds. (a) All books, records,
and research products and materials, including formulas, microfilm, tapes, and
data that are used, or intended for use in the manner described in subdivision
2 are subject to forfeiture.
(b) All property, real and personal,
that represents proceeds derived from or traceable to a use described in
subdivision 2 is subject to forfeiture.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 14. Minnesota Statutes 2020, section 609.5314, subdivision 1, is amended to read:
Subdivision 1. Property
subject to administrative forfeiture; presumption. (a) The following are presumed to be
subject to administrative forfeiture under this section:
(1) all money totaling $1,500 or more,
precious metals, and precious stones found in proximity to: that
there is probable cause to believe represent the proceeds of a controlled
substance offense;
(i) controlled substances;
(ii) forfeitable drug manufacturing or
distributing equipment or devices; or
(iii) forfeitable records of manufacture
or distribution of controlled substances;
(2) all money found in proximity to
controlled substances when there is probable cause to believe that the money
was exchanged for the purchase of a controlled substance;
(2) (3) all conveyance
devices containing controlled substances with a retail value of $100 or more if
possession or sale of the controlled substance would be a felony under
chapter 152 there is probable cause to believe that the conveyance device
was used in the transportation or exchange of a controlled substance intended
for distribution or sale; and
(3) (4) all firearms, ammunition, and firearm accessories found:
(i) in a conveyance device used or intended for use to commit or facilitate the commission of a felony offense involving a controlled substance;
(ii) on or in proximity to a person from whom a felony amount of controlled substance is seized; or
(iii) on the premises where a controlled substance is seized and in proximity to the controlled substance, if possession or sale of the controlled substance would be a felony under chapter 152.
(b) The Department of Corrections Fugitive
Apprehension Unit shall not seize items listed in paragraph (a), clauses (2)
(3) and (3) (4), for the purposes of forfeiture.
(c) A claimant of the property bears the
burden to rebut this presumption. Money
is the property of an appropriate agency and may be seized and recovered by the
appropriate agency if:
(1) the money is used by an appropriate
agency, or furnished to a person operating on behalf of an appropriate agency,
to purchase or attempt to purchase a controlled substance; and
(2) the appropriate agency records the
serial number or otherwise marks the money for identification.
(d) As used in this section,
"money" means United States currency and coin; the currency and coin
of a foreign country; a bank check, cashier's check, or traveler's check; a
prepaid credit card; cryptocurrency; or a money order.
EFFECTIVE
DATE. This section is effective
January 1, 2022, and applies to seizures that take place on or after that date.
Sec. 15. Minnesota Statutes 2020, section 609.5314, is amended by adding a subdivision to read:
Subd. 1a. Innocent
owner. (a) Any person, other
than the defendant driver, alleged to have used a vehicle in the transportation
or exchange of a controlled substance intended for distribution or sale,
claiming an ownership interest in a vehicle that has been seized or restrained
under this section may assert that right by notifying the prosecuting authority
in writing and within 60 days of the service of the notice of seizure.
(b) Upon receipt of notice pursuant to
paragraph (a), the prosecuting authority may release the vehicle to the
asserting person. If the prosecuting
authority proceeds with the forfeiture, the prosecuting authority must, within
30 days, file a separate complaint in the name of the jurisdiction
pursuing the forfeiture against the vehicle, describing the vehicle, specifying
that the vehicle was used in the transportation or exchange of a controlled
substance intended for distribution or sale, and specifying the time and place
of the vehicle's unlawful use. The
complaint may be filed in district court or conciliation court and the filing
fee is waived.
(c) A complaint filed by the prosecuting
authority must be served on the asserting person and on any other registered
owners. Service may be made by certified
mail at the address listed in the Department of Public Safety's computerized
motor vehicle registration records or by any means permitted by court rules.
(d) The hearing on the complaint shall,
to the extent practicable, be held within 30 days of the filing of the petition. The court may consolidate the hearing on the
complaint with a hearing on any other complaint involving a claim of an
ownership interest in the same vehicle.
(e) At a hearing held pursuant to this
subdivision, the state must prove by a preponderance of the evidence that:
(1) the seizure was incident to a lawful
arrest or a lawful search; and
(2)
the vehicle was used in the transportation or exchange of a controlled
substance intended for distribution or sale.
(f) At a hearing held pursuant to this
subdivision, the asserting person must prove by a preponderance of the evidence
that the asserting person:
(1) has an actual ownership interest in
the vehicle; and
(2) did not have actual or constructive
knowledge that the vehicle would be used or operated in any manner contrary to
law or that the asserting person took reasonable steps to prevent use of the
vehicle by the alleged offender.
(g) If the court determines that the
state met both burdens under paragraph (e) and the asserting person failed to
meet any burden under paragraph (f), the court shall order that the vehicle
remains subject to forfeiture under this section.
(h) The court shall order that the
vehicle is not subject to forfeiture under this section and shall order the
vehicle returned to the asserting person if it determines that:
(1) the state failed to meet any burden
under paragraph (e);
(2) the asserting person proved both
elements under paragraph (f); or
(3) clauses (1) and (2) apply.
(i) If the court determines that the
asserting person is an innocent owner and orders the vehicle returned to the innocent owner, an entity in possession of the
vehicle is not required to release the vehicle until the innocent owner pays:
(1) the reasonable costs of the towing,
seizure, and storage of the vehicle incurred before the innocent owner provided
the notice required under paragraph (a); and
(2) any reasonable costs of storage of
the vehicle incurred more than two weeks after an order issued under paragraph
(h).
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 16. Minnesota Statutes 2020, section 609.5314, subdivision 2, is amended to read:
Subd. 2. Administrative forfeiture procedure. (a) Forfeiture of property described in subdivision 1 that does not exceed $50,000 in value is governed by this subdivision. Within 60 days from when seizure occurs, all persons known to have an ownership, possessory, or security interest in seized property must be notified of the seizure and the intent to forfeit the property. In the case of a motor vehicle required to be registered under chapter 168, notice mailed by certified mail to the address shown in Department of Public Safety records is deemed sufficient notice to the registered owner. The notification to a person known to have a security interest in seized property required under this paragraph applies only to motor vehicles required to be registered under chapter 168 and only if the security interest is listed on the vehicle's title. Upon motion by the appropriate agency or the prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.
(b) Notice may otherwise be given in the manner provided by law for service of a summons in a civil action. The notice must be in writing and contain:
(1) a description of the property seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English. This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: If you were the person arrested when the
property was seized, you will automatically lose the above-described
property and the right to be heard in court if you do not file a lawsuit and
serve the prosecuting authority within 60 days.
You may file your lawsuit in conciliation court if the property is worth
$15,000 or less; otherwise, you must file in district court. You may do not have to pay a
filing fee for your lawsuit if you are unable to afford the fee. You do not have to pay a conciliation court
fee if your property is worth less than $500.
WARNING: If you have an ownership interest in the above-described property and were not the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."
(c) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known. An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time. The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 17. Minnesota Statutes 2020, section 609.5314, subdivision 3, is amended to read:
Subd. 3. Judicial
determination. (a) Within 60 days
following service of a notice of seizure and forfeiture under this section, a
claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil
complaint and must be filed with the court administrator in the county in which
the seizure occurred, together with proof of service of a copy of the complaint
on the prosecuting authority for that county, and the standard filing fee
for civil actions unless the petitioner has the right to sue in forma pauperis
under section 563.01. The claimant
may serve the complaint on the prosecuting authority by any means permitted by
court rules. If the value of the seized property
is $15,000 or less, the claimant may file an action in conciliation court for
recovery of the seized property. If
the value of the seized property is less than $500, The claimant does not
have to pay the conciliation court filing fee. No responsive pleading is required of the
prosecuting authority and no court fees may be charged for the prosecuting
authority's appearance in the matter. The
district court administrator shall schedule the hearing as soon as practicable
after, and in any event no later than 90 days following, the conclusion of the
criminal prosecution. The proceedings
are governed by the Rules of Civil Procedure.
(b) The complaint must be captioned in the name of the claimant as plaintiff and the seized property as defendant, and must state with specificity the grounds on which the claimant alleges the property was improperly seized and the plaintiff's interest in the property seized. Notwithstanding any law to the contrary, an action for the return of property seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, apply to the judicial determination.
(d)
If a demand for judicial determination of an administrative forfeiture is filed
under this subdivision and the court orders the return of the seized property, the
court shall order that filing fees be reimbursed to the person who filed the
demand. In addition, the court may
order sanctions under section 549.211. If
the court orders payment of these costs, they must be paid from forfeited money
or proceeds from the sale of forfeited property from the appropriate law
enforcement and prosecuting agencies in the same proportion as they would be distributed
under section 609.5315, subdivision 5.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 18. Minnesota Statutes 2020, section 609.5315, subdivision 5, is amended to read:
Subd. 5. Distribution of money. The money or proceeds from the sale of forfeited property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be distributed as follows:
(1) 70 percent of the money or proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement, training, education, crime prevention, equipment, or capital expenses;
(2) 20 percent of the money or proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes, training, education, crime prevention, equipment, or capital expenses; and
(3) the remaining ten percent of the money or proceeds must be forwarded within 60 days after resolution of the forfeiture to the state treasury and credited to the general fund. Any local police relief association organized under chapter 423 which received or was entitled to receive the proceeds of any sale made under this section before the effective date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds of these sales.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 19. Minnesota Statutes 2020, section 609.5315, subdivision 5b, is amended to read:
Subd. 5b. Disposition
of certain forfeited proceeds; trafficking of persons; report required. (a) Except as provided in
subdivision 5c, for forfeitures resulting from violations of section 609.282,
609.283, or 609.322, the money or proceeds from the sale of forfeited property,
after payment of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the property, must be distributed as
follows:
(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit as a supplement to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled the forfeiture for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of health and are appropriated to the commissioner for distribution to crime victims services organizations that provide services to victims of trafficking offenses.
(b)
By February 15 of each year, the commissioner of public safety shall report to
the chairs and ranking minority members of the senate and house of
representatives committees or divisions having jurisdiction over criminal
justice funding on the money collected under paragraph (a), clause (3). The report must indicate the following
relating to the preceding calendar year:
(1) the amount of money appropriated to
the commissioner;
(2) how the money was distributed by the
commissioner; and
(3) what the organizations that received
the money did with it.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 20. Minnesota Statutes 2020, section 609.5315, subdivision 6, is amended to read:
Subd. 6. Reporting
requirement. (a) For each forfeiture
occurring in the state regardless of the authority for it and including
forfeitures pursued under federal law, the appropriate agency and the
prosecuting authority shall provide a written record of the forfeiture incident
to the state auditor. The record shall
include:
(1) the amount forfeited,;
(2) the statutory authority for the
forfeiture, its;
(3) the date, of the
forfeiture;
(4) a brief description of the
circumstances involved, and;
(5) whether the forfeiture was
contested.;
(6) whether the defendant was convicted
pursuant to a plea agreement or a trial;
(7) whether there was a forfeiture
settlement agreement;
(8) whether the property was sold,
destroyed, or retained by an appropriate agency;
(9) the gross revenue from the
disposition of the forfeited property;
(10) an estimate of the total costs to
the agency to store the property in an impound lot, evidence room, or other
location; pay for the time and expenses of an appropriate agency and
prosecuting authority to litigate forfeiture cases; and sell or dispose of the
forfeited property;
(11) the net revenue, determined by
subtracting the costs identified under clause (10) from the gross revenue
identified in clause (9), the appropriate agency received from the disposition
of forfeited property;
(12) if any property was retained by an
appropriate agency, the purpose for which it is used;
(13) for controlled substance and
driving while impaired forfeitures, the record shall indicate whether
the forfeiture was initiated as an administrative or a judicial forfeiture. The record shall also list;
(14) the number of firearms
forfeited and the make, model, and serial number of each firearm forfeited. The record shall indicate; and
(15) how the property was or is to be disposed of.
(b) An appropriate agency or the prosecuting authority shall report to the state auditor all instances in which property seized for forfeiture is returned to its owner either because forfeiture is not pursued or for any other reason.
(c) Each appropriate agency and
prosecuting authority shall provide a written record regarding the proceeds of
forfeited property, including proceeds received through forfeiture under state
and federal law. The record shall
include:
(1) the total amount of money or
proceeds from the sale of forfeited property obtained or received by an
appropriate agency or prosecuting authority in the previous reporting period;
(2) the manner in which each appropriate
agency and prosecuting authority expended money or proceeds from the sale of
forfeited property in the previous reporting period, including the total amount
expended in the following categories:
(i) drug abuse, crime, and gang
prevention programs;
(ii) victim reparations;
(iii) gifts or grants to crime victim
service organizations that provide services to sexually exploited youth;
(iv) gifts or grants to crime victim
service organizations that provide services to victims of trafficking offenses;
(v) investigation costs, including but
not limited to witness protection, informant fees, and controlled buys;
(vi) court costs and attorney fees;
(vii) salaries, overtime, and benefits,
as permitted by law;
(viii) professional outside services,
including but not limited to auditing, court reporting, expert witness fees,
outside attorney fees, and membership fees paid to trade associations;
(ix) travel, meals, and conferences;
(x) training and continuing education;
(xi) other operating expenses, including
but not limited to office supplies, postage, and printing;
(xii) capital expenditures, including
but not limited to vehicles, firearms, equipment, computers, and furniture;
(xiii) gifts or grants to nonprofit or
other programs, indicating the recipient of the gift or grant; and
(xiv) any other expenditure, indicating
the type of expenditure and, if applicable, the recipient of any gift or grant;
(3) the total value of seized and
forfeited property held by an appropriate agency and not sold or otherwise disposed
of; and
(4) a statement from the end of each
year showing the balance of any designated forfeiture accounts maintained by an
appropriate agency or prosecuting authority.
(c) (d) Reports under
paragraphs (a) and (b) shall be made on a monthly quarterly
basis in a manner prescribed by the state auditor and reports under
paragraph (c) shall be made on an annual basis in a manner prescribed by the
state auditor. The state auditor
shall report annually to the legislature on the nature and extent of forfeitures.,
including
the information provided by each appropriate agency or prosecuting authority
under paragraphs (a) to (c). Summary
data on seizures, forfeitures, and expenditures of forfeiture proceeds shall be
disaggregated by each appropriate agency and prosecuting authority. The report shall be made public on the state
auditor's website.
(d) (e) For forfeitures
resulting from the activities of multijurisdictional law enforcement entities,
the entity on its own behalf shall report the information required in this
subdivision.
(e) (f) The prosecuting
authority is not required to report information required by this subdivision
paragraph (a) or (b) unless the prosecuting authority has been notified
by the state auditor that the appropriate agency has not reported it.
EFFECTIVE
DATE. This section is
effective January 1, 2022, and applies to seizures that take place on or after
that date.
Sec. 21. RECIDIVISM
STUDY.
The legislative auditor shall conduct or
contract with an independent third-party vendor to conduct a comprehensive
program audit on the efficacy of forfeiture and the use of ignition interlock
in cases involving an alleged violation of Minnesota Statutes, section 169A.20. The audit shall assess the financial impact
of the programs, the efficacy in reducing recidivism, and the impacts, if any,
on public safety. The audit shall be
conducted in accordance with generally accepted government auditing standards
issued by the United States Government Accountability Office. The legislative auditor shall complete the
audit no later than August 1, 2024, and shall report the results of the audit
to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over public safety by January 15, 2025.
EFFECTIVE
DATE. This section is
effective January 1, 2022.
Sec. 22. REPEALER.
Minnesota Statutes 2020, section
609.5317, is repealed.
EFFECTIVE DATE. This section is effective January 1, 2022."
Delete the title and insert:
"A bill for an act relating to judiciary; amending law and appropriating money for courts, Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, and human rights; modifying criminal, civil, data practices, and forfeiture law; amending Minnesota Statutes 2020, sections 2.722, subdivision 1; 5B.02; 5B.05; 5B.10, subdivision 1; 13.045, subdivisions 1, 2, 3, 4a; 13.32, subdivision 3; 13.552, by adding a subdivision; 13.7931, by adding a subdivision; 13.82, by adding a subdivision; 13.824, subdivision 6; 13.825, subdivision 9; 13.856, subdivision 3; 144.225, subdivision 7; 169.99, subdivision 1c, by adding a subdivision; 169A.63, subdivisions 1, 7, 8, 9, 10, 13, by adding subdivisions; 260C.163, subdivision 3; 357.021, subdivisions 1a, 6; 357.17; 359.04; 363A.02, subdivision 1; 363A.06, subdivision 1; 363A.08, subdivision 6, by adding a subdivision; 363A.09, subdivisions 1, 2, by adding a subdivision; 363A.28, subdivisions 1, 6; 363A.31, subdivision 2; 363A.33, subdivision 3; 363A.36, subdivisions 1, 2, 3, 4, by adding a subdivision; 363A.44, subdivisions 2, 4, 9; 477A.03, subdivision 2b; 484.85; 514.977; 517.04; 517.08, subdivision 1b; 524.2-503; 590.01, subdivision 4; 609.101, subdivision 5; 609.531, subdivision 1, by adding a subdivision; 609.5311, subdivisions 2, 3, 4; 609.5314, subdivisions 1, 2, 3, by adding a subdivision; 609.5315, subdivisions 5, 5b, 6; 611.21; 611.27, subdivisions 9, 10, 11, 13, 15; Laws 2020, chapter 118, section 4; proposing coding for new law in Minnesota Statutes, chapters 3; 13; 62A; 84; 359; 363A; 611A; 634; repealing Minnesota Statutes 2020, section 609.5317."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Davnie from the Committee on Education Finance to which was referred:
H. F. No. 1065, A bill for an act relating to education finance; providing funding for prekindergarten through grade 12 education; modifying provisions for general education, education excellence, teachers, special education, facilities, nutrition and libraries, early childhood, community education, and state agencies; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 119A.52; 120A.22, subdivision 9; 120B.02, subdivision 1; 120B.021, subdivisions 1, 2, 4; 120B.024, subdivision 1; 120B.11, subdivision 2; 122A.21; 122A.63, subdivisions 6, 9; 123A.05, subdivision 2; 123B.53, subdivisions 4, 5, 6; 124D.09, subdivision 8; 124D.095, subdivision 7; 124D.1158; 124D.151, subdivision 6; 124D.165, subdivision 3; 124D.531, subdivision 1; 124D.59, subdivision 2; 124D.65, subdivision 5; 124D.68, subdivisions 2, 9; 124D.74, subdivision 3; 124D.81; 125A.76, subdivision 2e; 126C.05, subdivisions 1, 3, 15, 17; 126C.10, subdivisions 2, 2a, 2d, 2e, 4; 126C.15, subdivisions 1, 2, 5; 126C.17, subdivisions 5, 6, 7; 126C.21, by adding a subdivision; 126C.44; 127A.49, subdivision 3; Laws 2019, First Special Session chapter 11, article 1, section 25, subdivision 2, as amended; article 10, section 5, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapters 120B; 122A; 124D.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
GENERAL EDUCATION
Section 1. Minnesota Statutes 2020, section 120A.35, is amended to read:
120A.35
ABSENCE FROM SCHOOL FOR RELIGIOUS OBSERVANCE.
Reasonable efforts must be made by a school
district to accommodate any pupil who wishes to be excused from a curricular
activity for a religious observance. A
school board must provide to parents annual notice of the school district's
policy relating to a pupil's absence from school for religious observance.
EFFECTIVE
DATE. This section is
effective for the 2021-2022 school year and later.
Sec. 2. Minnesota Statutes 2020, section 120A.40, is amended to read:
120A.40
SCHOOL CALENDAR.
(a) Except for learning programs during summer, flexible learning year programs authorized under sections 124D.12 to 124D.127, and learning year programs under section 124D.128, a district must not commence an elementary or secondary school year before Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops may be held before Labor Day. Districts that enter into cooperative agreements are encouraged to adopt similar school calendars.
(b) A district may begin the school year on any day before Labor Day:
(1) to accommodate a construction or remodeling project of $400,000 or more affecting a district school facility;
(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 with a district that qualifies under clause (1); or
(3) if the district agrees to the same schedule with a school district in an adjoining state.
(c) A school board may consider the
community's religious or cultural observances when adopting an annual school
calendar.
Sec. 3. Minnesota Statutes 2020, section 124D.59, subdivision 2, is amended to read:
Subd. 2. English learner. (a) "English learner" means a pupil in kindergarten through grade 12, an early childhood special education student under Part B, section 619 of IDEA, or a prekindergarten student enrolled in an approved voluntary prekindergarten program under section 124D.151 or a school readiness plus program who meets the requirements under subdivision 2a or the following requirements: