STATE
OF MINNESOTA
Journal of the House
NINETY-FOURTH
SESSION - 2026
_____________________
SIXTY-SEVENTH
LEGISLATIVE DAY
Saint Paul, Minnesota, Thursday, April 30, 2026
The House of Representatives convened at
2:00 p.m. and was called to order by Paul Torkelson, Speaker pro tempore.
Prayer was offered by Pastor Fred Hinz,
Lutheran Church Missouri Synod, Gaylord, 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
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
A quorum was present.
Sencer-Mura was excused until 2:30 p.m.
Pursuant to Rule 10.05, relating to Remote
House Operations, the Speaker permitted the following member to vote via remote
means: McDonald.
Pursuant to Rule 10.05, relating to
Remote House Operations, the DFL Caucus Leader permitted the following members
to vote via remote means: Greene,
Momanyi-Hiltsley and Pérez-Vega.
Speaker pro tempore Torkelson called Olson
to the Chair.
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 CHIEF CLERK
S. F. No. 1714 and
H. F. No. 1234, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Scott moved that
S. F. No. 1714 be substituted for H. F. No. 1234
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 2814 and
H. F. No. 2400, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical.
Huot moved that
S. F. No. 2814 be substituted for H. F. No. 2400
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3210 and
H. F. No. 2380, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Hicks moved that
S. F. No. 3210 be substituted for H. F. No. 2380
and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 3432 and
H. F. No. 3230, which had been referred to the Chief Clerk for
comparison, were examined and found to be not identical.
Moller moved that
S. F. No. 3432 be substituted for H. F. No. 3230
and that the House File be indefinitely postponed. The motion prevailed.
SECOND READING
OF SENATE BILLS
S. F. Nos. 1714, 2814, 3210
and 3432 were read for the second time.
INTRODUCTION AND
FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Huot introduced:
H. F. No. 5099, A bill for an act relating to capital investment; appropriating money for a new water treatment facility in the city of Rosemount; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Finke introduced:
H. F. No. 5100, A bill for an act relating to capital investment; appropriating money for capital improvements to the Metropolitan Mosquito Control District public health lab; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Capital Investment.
Franson introduced:
H. F. No. 5101, A bill for an act relating to capital investment; appropriating money to furnish and equip a critical access dental clinic in the city of Alexandria.
The bill was read for the first time and referred to the Committee on Capital Investment.
Dippel, Niska, Nash, Skraba, Altendorf and Rarick introduced:
H. F. No. 5102, A bill for an act relating to transportation; taxation; modifying motor vehicle registration tax; amending Minnesota Statutes 2025 Supplement, section 168.013, subdivision 1a.
The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Niska from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Monday, May 4,
2026 and established a prefiling requirement for amendments offered to the
following bills:
H. F. Nos. 1082, 1141,
1270, 3521, 3522, 3532, 3860, 3679, 3684, 3732, 3900, 3919, 3972, 4006, 4252,
4462 and 4492; and S. F. No. 4807.
CALENDAR
FOR THE DAY
H. F. No. 3426, A bill for
an act relating to natural resources; appropriating money from environment and
natural resources trust fund; extending certain prior appropriations; modifying
provisions on expenditures from environment and natural resources trust fund;
modifying requirements for community grants program; amending Minnesota
Statutes 2024, sections 116P.08, subdivision 4, by adding a subdivision;
116P.09, subdivision 6; 116X.03, by adding subdivisions.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 117 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Berg
Bierman
Bliss
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dotseth
Duran
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rehm
Rehrauer
Repinski
Reyer
Robbins
Schomacker
Schwartz
Scott
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Bennett
Davis
Dippel
Engen
Fogelman
Harder
Jacob
Lawrence
Murphy
Rarick
Roach
Rymer
Schultz
Wiener
The
bill was passed and its title agreed to.
H. F. No. 4151, A bill for
an act relating to occupations; modifying eligibility of certain applicants for
licenses to serve as private detectives or protective agents; amending
Minnesota Statutes 2024, sections 326.32, subdivisions 8, 10, 10a, 10c, 12;
326.33, subdivision 1; 326.3381, subdivisions 2, 4; 326.3382, subdivisions 1,
4; 326.3385, subdivision 2; 326.3386, subdivision 3.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 133 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The bill was
passed and its title agreed to.
S. F. No. 4760 was reported
to the House.
Novotny moved to amend S. F. No. 4760, the second engrossment, as follows:
Delete everything after the enacting clause and insert the following language of H. F. No. 3990, the second engrossment:
"Section 1. Minnesota Statutes 2024, section 8.16, subdivision 1, is amended to read:
Subdivision 1. Authority.
(a) The attorney general, or any deputy, assistant, or
special assistant attorney general whom the attorney general authorizes in
writing, has the authority in any county of the state to subpoena and require
the production of:
(1) any records of:
(i) telephone companies, cellular phone companies,
paging companies, subscribers of private computer networks including Internet
service providers or computer bulletin board systems,;
(ii) electric companies, gas companies, and
water utilities,;
(iii) chemical suppliers,;
(iv) hotels and
motels,;
(v) pawn shops,;
(vi) airlines, buses, taxis, and
other entities engaged in the business of transporting people,; and
(vii) freight companies,
self-service storage facilities, warehousing companies, package delivery
companies, and other entities engaged in the businesses of transport, storage,
or delivery,;
(2) books, papers, correspondence, memoranda, agreements, and other documents or records related to a law enforcement investigation where there is probable cause to believe a crime has been committed involving a financial crime or fraud, including but not limited to fraud involving state funded or administered programs or services as defined in section 299C.061, subdivision 1, paragraph (b), and insurance fraud in violation of section 609.611; and
(3) records of the existence of safe deposit box account numbers and customer savings and checking account numbers maintained by financial institutions and safe deposit companies.
(b) Subpoenas may only be issued for records that are relevant to an ongoing legitimate law enforcement investigation.
Sec. 2. Minnesota Statutes 2024, section 12.221, subdivision 6, is amended to read:
Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster assistance contingency account is created in the special revenue fund in the state treasury. Money in the disaster assistance contingency account is appropriated to the commissioner of public safety to provide:
(1) cost-share for federal assistance under section 12A.15, subdivision 1;
(2) state public disaster assistance to eligible applicants under chapter 12B;
(3) cost-share for federal assistance from the Federal Highway Administration emergency relief program under United States Code, title 23, section 125; and
(4) cost-share for federal assistance from the United States Department of Agriculture, Natural Resources Conservation Service emergency watershed protection program under United States Code, title 16, sections 2203 to 2205.
(b) For appropriations under paragraph (a), clause (1), the amount appropriated is 100 percent of any nonfederal share for state agencies, local governments, and utility cooperatives. Money appropriated under paragraph (a), clause (1), may be used to pay all or a portion of the nonfederal share for publicly owned capital improvement projects.
(c) For appropriations under paragraph (a), clause (2), the amount appropriated is the amount required to pay eligible claims under chapter 12B, as certified by the commissioner of public safety.
(d) By January 15 31 of each
year, the commissioner of management and budget shall submit a report to the
chairs and ranking minority members of the house of representatives Ways and
Means Committee and the senate Finance Committee detailing state disaster
assistance appropriations and expenditures under this subdivision during the
previous calendar year.
(1) provide 100 percent of the nonfederal share for state agencies, local governments, and utility cooperatives that will receive federal financial assistance from FEMA during the next biennium; and
(2) fully pay all eligible claims under chapter 12B.
(f) Notwithstanding section 16A.28:
(1) funds appropriated or transferred to the disaster assistance contingency account do not lapse but remain in the account until appropriated; and
(2) funds appropriated from the disaster assistance contingency account do not lapse and are available until expended.
Sec. 3. Minnesota Statutes 2024, section 13.69, subdivision 1, is amended to read:
Subdivision 1. Classifications. (a) The following government data of the Department of Public Safety are private data:
(1) medical data on driving instructors, licensed drivers, and applicants for parking certificates and special license plates issued to physically disabled persons;
(2) other data on holders of a disability certificate under section 169.345, except that (i) data that are not medical data may be released to law enforcement agencies, and (ii) data necessary for enforcement of sections 169.345 and 169.346 may be released to parking enforcement employees or parking enforcement agents of statutory or home rule charter cities and towns;
(3) Social Security numbers in driver's license and motor vehicle registration records, except that Social Security numbers must be provided to the Department of Revenue for purposes of tax administration, the Department of Labor and Industry for purposes of workers' compensation administration and enforcement, the judicial branch for purposes of debt collection, and the Department of Natural Resources for purposes of license application administration, and except that the last four digits of the Social Security number must be provided to the Department of Human Services for purposes of recovery of Minnesota health care program benefits paid;
(4) data on persons listed as standby or temporary custodians under section 171.07, subdivision 11, except that the data must be released to:
(i) law enforcement agencies for the purpose of verifying that an individual is a designated caregiver; or
(ii) law enforcement agencies who state
that the license holder is unable to communicate at that time and that the information is necessary for notifying the
designated caregiver of the need to care for a child of the license holder; and
(5) race and ethnicity data on driver's
license holders and identification card holders under section 171.06,
subdivision 3. The Department of Public
Safety Office of Traffic Safety is authorized to receive race and ethnicity
data from Driver and Vehicle Services for only the purposes of research,
evaluation, and public reports.; and
(6) the following data on individuals
created, collected, received, stored, used, or maintained by the Office of
Justice Programs: the name, address,
email address, telephone number, date of birth, or employer of a research
participant; a unique identification number assigned to a research participant;
and any other data that could reasonably identify a research participant.
(b) The following government data of the Department of Public Safety are confidential data: data concerning an individual's driving ability when that data is received from a member of the individual's family.
Sec. 4. Minnesota Statutes 2024, section 13.6905, is amended by adding a subdivision to read:
Subd. 39. Office
for Missing and Murdered Indigenous Relatives. Data related to victim and family
support are governed by section 299A.85, subdivision 4, paragraph (c).
Sec. 5. Minnesota Statutes 2024, section 13.6905, is amended by adding a subdivision to read:
Subd. 40. Office
for Missing and Murdered Black Women and Girls. Data related to victim and family
support are governed by section 299A.90, subdivision 3, paragraph (c).
Sec. 6. Minnesota Statutes 2024, section 13.871, subdivision 5, is amended to read:
Subd. 5. Crime victims. (a) Crime victim notice of release. Data on crime victims who request notice of an offender's release are classified under section 611A.06.
(b) Sex offender HIV tests. Results of HIV tests of sex offenders under section 611A.19, subdivision 2, are classified under that section.
(c) Battered women. Data on
battered women maintained by grantees for emergency shelter and support
services for battered women are governed by section 611A.32, subdivision 5.
(d) (c) Victims of domestic abuse. Data
on battered women and victims of domestic abuse maintained by grantees and
recipients of per diem payments for emergency shelter for battered women
and support services for battered women and victims of domestic abuse
are governed by sections 611A.32, subdivision 5, and 611A.371, subdivision 3.
(e) (d) Personal history; internal auditing.
Certain personal history and internal auditing data is classified by
section 611A.46.
(f) (e) Crime victim claims for reimbursement.
Claims and supporting documents filed by crime victims seeking
reimbursement are classified under section 611A.57, subdivision 6.
(g) (f) Crime Victim Oversight Act. Data
maintained by the commissioner of public safety under the Crime Victim
Oversight Act are classified under section 611A.74, subdivision 2.
(h) (g) Victim identity data. Data
relating to the identity of the victims of certain criminal sexual conduct is
governed by section 609.3471.
(i) (h) Victim notification. Data on
victims requesting a notice of release of an arrested or detained person are
classified under sections 629.72 and 629.73.
(j) (i) Immigration status certification.
Disclosure of the immigration status of a crime victim and the
classification of that data is governed by section 611A.95, subdivision 4.
Subdivision 1. Generally. (a) The commissioner shall make grants to eligible organizations for programs to provide education and training services to targeted youth. The purpose of these programs is to provide specialized training and work experience for targeted youth who have not been served effectively by the current educational system. The programs are to include a work experience component with work projects that result in the rehabilitation, improvement, or construction of (1) residential units for the homeless; (2) improvements to the energy efficiency and environmental health of residential units and other green jobs purposes; (3) facilities to support community garden projects; or (4) education, social service, or health facilities which are owned by a public agency or a private nonprofit organization.
(b) Eligible facilities must principally provide services to homeless or low income individuals and families, and include the following:
(1) Head Start or day care centers, including playhouses or similar incidental structures;
(2) homeless, battered women domestic
abuse, or other shelters;
(3) transitional housing and tiny houses;
(4) youth or senior citizen centers;
(5) community health centers; and
(6) community garden facilities.
Two or more eligible organizations may jointly apply for a grant. The commissioner shall administer the grant program.
Sec. 8. Minnesota Statutes 2024, section 119A.37, subdivision 4, is amended to read:
Subd. 4. Additional
services. Each parenting time center
may provide parenting and child development classes, and offer support groups
to participating custodial parents and hold regular classes designed to assist
children who have experienced domestic violence and abuse. Each parenting time center must have
available an individual knowledgeable about or experienced in the provision of
services to battered women and domestic abuse victims on its staff, its
board of directors, or otherwise available to it for consultation.
Sec. 9. Minnesota Statutes 2025 Supplement, section 120B.22, subdivision 1, is amended to read:
Subdivision 1. Violence
prevention curriculum. (a) The
commissioner of education, in consultation with the commissioners of health and
human services, state minority councils, battered women's and domestic
abuse programs, battered women's and shelters, sexual assault
centers, and representatives of religious communities, and the
assistant commissioner of the Office of Drug Policy and Violence Prevention,
shall assist districts on request in developing or implementing a violence
prevention program for students in kindergarten to grade 12 that can be
integrated into existing curriculum. The
purpose of the program is to help students learn how to resolve conflicts
within their families and communities in nonviolent, effective ways.
(b) Each district is encouraged to integrate into its existing curriculum a program for violence prevention that includes at least:
(2) planning materials, guidelines, and other accurate information on preventing physical and emotional violence, identifying and reducing the incidence of sexual, racial, and cultural harassment, and reducing child abuse, including physical abuse, and neglect;
(3) a special parent education component of early childhood family education programs to prevent child abuse and neglect and to promote positive parenting skills, giving priority to services and outreach programs for at-risk families;
(4) involvement of parents and other community members, including the clergy, business representatives, civic leaders, local elected officials, law enforcement officials, and the county attorney;
(5) collaboration with local community services, agencies, and organizations that assist in violence intervention or prevention, including family-based services, crisis services, life management skills services, case coordination services, mental health services, and early intervention services;
(6) collaboration among districts and service cooperatives;
(7) targeting early adolescents for prevention efforts, especially early adolescents whose personal circumstances may lead to violent or harassing behavior;
(8) opportunities for teachers to receive in-service training or attend other programs on strategies or curriculum designed to assist students in intervening in or preventing violence in school and at home; and
(9) administrative policies that reflect, and a staff that models, nonviolent behaviors that do not display or condone sexual, racial, or cultural harassment or student hazing.
(c) The department may provide assistance at a neutral site to a nonpublic school participating in a district's program.
Sec. 10. Minnesota Statutes 2024, section 142G.12, subdivision 2, is amended to read:
Subd. 2. 30-day
residency requirement. An assistance
unit is considered to have established residency in this state only when a
child or caregiver has resided in this state for at least 30 consecutive days
with the intention of making the person's home here and not for any temporary
purpose. The birth of a child in
Minnesota to a member of the assistance unit does not automatically establish
the residency in this state under this subdivision of the other members of the
assistance unit. Time spent in a shelter
for battered women domestic abuse victims shall count toward
satisfying the 30-day residency requirement.
Sec. 11. Minnesota Statutes 2024, section 142G.53, is amended to read:
142G.53
FAMILY VIOLENCE WAIVER CRITERIA.
(a) In order to qualify for a family violence waiver, an individual must provide documentation of past or current family violence which may prevent the individual from participating in certain employment activities.
(b) The following items may be considered acceptable documentation or verification of family violence:
(2) a statement from a battered women's
domestic abuse shelter staff with knowledge of the circumstances;
(3) a statement from a sexual assault or domestic violence advocate with knowledge of the circumstances; or
(4) a statement from professionals from whom the applicant or recipient has sought assistance for the abuse.
(c) A claim of family violence may also be documented by a sworn statement from the applicant or participant and a sworn statement from any other person with knowledge of the circumstances or credible evidence that supports the client's statement.
Sec. 12. Minnesota Statutes 2024, section 152.027, subdivision 7, is amended to read:
Subd. 7. Sale
or possession of kratom. (a) A
person who unlawfully sells any amount of kratom or a substance that contains
mitragynine or 7-hydroxymitragynine to a person under the age of 18 21
is guilty of a gross misdemeanor.
(b) A person under the age of 18 21
who unlawfully possesses any amount of kratom or a substance that contains
mitragynine or 7-hydroxymitragynine is guilty of a misdemeanor.
EFFECTIVE DATE. This section is effective August 1, 2026, and
applies to crimes committed on or after that date.
Sec. 13. Minnesota Statutes 2025 Supplement, section 201.061, subdivision 3, is amended to read:
Subd. 3. Election day registration. (a) An individual who is eligible to vote may register or update a registration on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of residence. An individual may prove residence for purposes of registering or updating a registration by:
(1) presenting a driver's license or Minnesota identification card issued pursuant to section 171.07;
(2) presenting any document approved by the secretary of state as proper identification;
(3) presenting a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or
(4) having a voter who is registered to vote in the precinct, or an employee who provides proof that they are employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day. An election judge may not sign a proof of residence oath vouching for any individual who appears in the precinct where the election judge is working unless the election judge personally knows the individual is a resident of the precinct. A voter who is registered to vote in the precinct may sign up to eight proof-of-residence oaths on any election day. This limitation does not apply to an employee of a residential facility described in this clause. The secretary of state shall provide a form for election judges to use in recording the number of individuals for whom a voter signs proof-of-residence oaths on election day. The form must include space for the maximum number of individuals for whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form must include a statement that the individual: (i) is registered to vote in the precinct or is an employee of a residential facility in the precinct, (ii) personally knows that the voter is a resident of the precinct, and (iii) is making the statement on oath. The form must include a space for the voter's printed name, signature, telephone number, and address.
(b) The secretary of state must publish guidance for residential facilities and residential facility employees on the vouching process and the requirements of this subdivision.
(c) "Residential facility" means
transitional housing as defined in section 256K.48, subdivision 1; a supervised
living facility licensed by the commissioner of health under section 144.50,
subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; an
assisted living facility licensed by the commissioner of health under chapter
144G; a veterans home operated by the board of directors of the Minnesota
Veterans Homes under chapter 198; a residence licensed by the commissioner of
human services to provide a residential program as defined in section 245A.02,
subdivision 14; a residential facility for persons with a developmental
disability licensed by the commissioner of human services under section 252.28;
setting authorized to provide housing support as defined in section 256I.03,
subdivision 10a; a shelter for battered women emergency shelter
services for domestic abuse victims as defined in section 611A.37,
subdivision 4 611A.31, subdivision 3; a supervised publicly or
privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless; a facility where a provider operates a
residential treatment program as defined in section 245.462, subdivision 23; or
a facility where a provider operates an adult foster care program as defined in
section 245A.02, subdivision 6c.
(d) For tribal band members, an individual may prove residence for purposes of registering or updating a registration by:
(1) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, address, signature, and picture of the individual; or
(2) presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, signature, and picture of the individual and also presenting one of the documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
(e) A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration application.
Sec. 14. Minnesota Statutes 2024, section 203B.06, subdivision 3, is amended to read:
Subd. 3. Delivery of ballots. (a) The county auditor, municipal clerk, school district clerk, or full-time clerk of any city or town administering an election pursuant to section 203B.05, shall mail absentee ballots to voters on the permanent absentee ballot list pursuant to section 203B.04, subdivision 5, on the following timelines:
(1) except as otherwise provided by this section, at least 46 days before each regularly scheduled primary and general election and each special primary and special election;
(2) as soon as practicable for a special election held pursuant to section 204D.19, subdivisions 2 and 3; and
(3) at least 30 days before a town general election held in March.
(b) The commissioner of corrections must provide the secretary of state with a list of the names and mailing addresses of state adult correctional facilities. An application for an absentee ballot that provides an address included on the list provided by the commissioner of corrections must not be accepted and an absentee ballot must not be provided to the applicant. The county auditor or municipal clerk must promptly transmit a copy of the application to the county attorney. The Department of Corrections must implement procedures to ensure that absentee ballots issued under this chapter are not received or mailed by offenders incarcerated at state adult correctional facilities.
(1) mail the ballots to the voter whose signature appears on the application if the application is submitted by mail and does not request commercial shipping under clause (2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at the voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in person; or
(4) deliver the absentee ballots in a sealed
transmittal envelope to an agent who has been designated to bring the ballots,
as provided in section 203B.11, subdivision 4, to a voter who would have
difficulty getting to the polls because of incapacitating health reasons, or
who is disabled, or who is a patient in a health care facility, a resident of
an assisted living facility licensed under chapter 144G, a participant in a
residential program for adults licensed under section 245A.02, subdivision 14,
or a resident of a shelter for battered women domestic abuse victims
as defined in section 611A.37, subdivision 4 611A.31, subdivision 2.
(d) If an application does not indicate the election for which absentee ballots are sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the next election occurring after receipt of the application. Only one set of ballots may be mailed, shipped, or delivered to an applicant for any election, except as provided in section 203B.121, subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that has been spoiled or lost in transit.
Sec. 15. Minnesota Statutes 2024, section 203B.11, subdivision 1, is amended to read:
Subdivision 1. Generally. (a) Each full-time municipal clerk or school district clerk who has authority under section 203B.05 to administer absentee voting laws must designate election judges to deliver absentee ballots in accordance with this section. The county auditor must also designate election judges to perform the duties in this section. A ballot may be delivered only to an eligible voter who is a temporary or permanent resident or patient in one of the following facilities located in the municipality in which the voter maintains residence: a health care facility, hospital, or veterans home operated by the board of directors of the Minnesota veterans homes under chapter 198. The ballots must be delivered by two election judges, each of whom is affiliated with a different major political party. When the election judges deliver or return ballots as provided in this section, they must travel together in the same vehicle. Both election judges must be present when an applicant completes the certificate of eligibility and marks the absentee ballots, and may assist an applicant as provided in section 204C.15. The election judges must deposit the return envelopes containing the marked absentee ballots in a sealed container and return them to the clerk on the same day that they are delivered and marked.
(b) At the discretion of a full-time
municipal clerk, school district clerk, or county auditor, absentee ballots may
be delivered in the same manner as prescribed in paragraph (a) to a shelter for
battered women domestic abuse victims as defined in section 611A.37,
subdivision 4 611A.31, subdivision 2, or to an assisted living
facility licensed under chapter 144G.
Sec. 16. [241.011]
LICENSING AND INSPECTING JUVENILE AND ADULT COMMUNITY-BASED RESIDENTIAL
CORRECTIONAL FACILITIES.
Subdivision 1. Scope. Except as provided under section
241.021, sections 241.011 to 241.013 apply to juvenile and adult
community-based residential correctional facilities licensed by the
commissioner of corrections. For the
purposes of sections 241.011 to 241.013, juvenile and adult community-based
residential correctional facilities are defined as local correctional
facilities.
Subd. 2. Definitions. (a) For purposes of sections 241.011
to 241.021, the following terms have the meanings given.
(b) "Commissioner" means the
commissioner of corrections.
(c) "Critical incident" has
the meaning given in Minnesota Rules, part 2960.0020, subpart 24.
(d) "Department" means the
Department of Corrections.
(e) "Emergency or unusual
occurrence" means an incident that must be reported to the commissioner
through the department's detention information system.
(f) "Facility administrator"
means the officer in charge of a local correctional facility.
(g) "Local correctional
facility" includes:
(1) a facility licensed to house or
serve primarily adults under section 241.31; and
(2) a facility licensed to detain or
serve juveniles, including a group home having a residential component or
foster care facility placements under chapter 260C, for the primary purpose of:
(i) residential care and treatment;
(ii) detention; or
(iii) foster care services for children
in need of out-of-home placement.
(h) "State correctional
facility" means a correctional facility under the commissioner's control.
Subd. 3. Local
correctional facilities; inspection and licensing. The commissioner must inspect and
license all local correctional facilities throughout the state established and
operated:
(1) for serving or housing individuals
in the facilities; or
(2) consistent with section 241.013,
subdivision 4, paragraph (a), for detaining or serving juveniles placed in the
facilities by a correctional or noncorrectional agency.
Subd. 4. Inspecting
facilities for compliance; publishing inspection reports. (a) Unless the commissioner determines
otherwise, the commissioner must inspect all local correctional facilities at
least once every two years to determine compliance with the minimum standards
established according to sections 241.011 to 241.013 or any other law related
to minimum standards and conditions of confinement, not including section
241.021, subdivisions 1 to 1e.
(b) The commissioner must have access
to a facility's buildings, grounds, books, records, and staff and to
individuals detained or housed in or served by the facility. The commissioner may require facility
administrators to furnish all information and statistics that the commissioner
deems necessary at a time and place designated by the commissioner.
(c) The commissioner must post each
facility inspection report publicly on the department's website within 30 days
after completing an inspection.
Subd. 5. Granting
license; expiration. (a) The
commissioner must grant a license for up to two years to:
(1) any facility found to conform to
minimum standards; or
(2) any facility that the commissioner
determines is making satisfactory progress toward substantial conformity and
any minimum standards not being met do not impact the interests and well-being
of the individuals detained or housed in or served by the facility.
(b) A limited license may be issued to
effectuate a facility closure.
(c) Unless otherwise provided by law,
all licenses issued under sections 241.011 to 241.013 expire 12:01 a.m. on the
day after the expiration date stated on the license.
Subd. 6. Providing
and accessing facility data. (a)
The commissioner may require that any information under sections 241.011 to
241.013 be provided through the department's detention information system.
(b) Notwithstanding chapter 13 or any
other state law classifying or restricting access to data, a facility
administrator must furnish to the commissioner all data available to a facility
that the commissioner deems necessary for reviewing any critical incident or
emergency or unusual occurrence at the facility.
(c) The commissioner may take action
against a facility's license according to section 241.012 if a facility
administrator fails to provide or grant access to relevant information or
statistics requested by the commissioner that are necessary to conduct or
complete:
(1) inspections;
(2) reviews of emergency or unusual
occurrences; or
(3) reviews of critical incidents.
Subd. 7. Reporting;
deaths, emergencies or unusual occurrences, and critical incidents. (a) A facility administrator must
report a death to the commissioner when:
(1) an individual detained or housed in
the facility dies at the facility; or
(2) an individual dies while receiving
medical care stemming from an incident or need for medical care at the facility
that occurred while the individual was detained or housed in the facility.
(b) Paragraph (a), clause (2), applies
regardless of whether the individual was subject to the facility's authority
while requiring or receiving the medical care.
(c) A facility administrator must:
(1) report a death under this
subdivision as soon as practicable, but no later than 24 hours of receiving
knowledge of the death; and
(2) include any demographic information
required by the commissioner.
(d) Except for deaths under paragraphs
(a) to (c), all facility administrators must report all critical incidents or
emergency or unusual occurrences to the commissioner within ten days of the
incident or occurrence, including any demographic information required by the
commissioner.
Subd. 8. Death
review teams. (a) If a local
correctional facility under subdivision 2, paragraph (g), clause (2), receives
notice of the death of an individual who died under circumstances described in
subdivision 7, paragraph (a), within 90 days of the death, the following
individuals must review the circumstances of the death and assess for
preventable mortality and morbidity, including but not limited to recommending
policy or procedure change:
(1) the facility administrator;
(2) a medical expert of the facility's
choosing who did not provide medical services to the individual and who is
licensed as a physician or physician assistant by the Board of Medical Practice
under chapter 147 or 147A; and
(3) if appropriate, a mental health
expert.
(b) The investigating law enforcement
agency may provide documentation for, participate in, or provide documentation
for and participate in the review if criminal charges are not brought. A preliminary autopsy report must be provided
as part of the review and any subsequent autopsy findings as available.
(c) The facility administrator must
notify the commissioner via the department's detention information system that
the facility has conducted a review and identify any recommendations for
changes in policy, procedure, or training that will be implemented.
(d) Any report or other documentation
created for purposes of a facility death review is confidential data on
individuals under section 13.02, subdivision 3.
Nothing in this section relieves the facility administrator from
complying with the notice of death to the commissioner required under
subdivision 7.
Subd. 9. Rulemaking. (a) The commissioner must adopt rules
establishing minimum standards for local correctional facilities for the
management, operation, and physical condition of the facilities and the
security, safety, health, treatment, and discipline of individuals detained or
housed in or served by the facilities.
(b) The time limit to adopt rules under
section 14.125 does not apply to amendments to rule chapters in effect on the
effective date of this section.
Sec. 17. [241.012]
LICENSING ACTIONS AGAINST JUVENILE AND ADULT COMMUNITY-BASED RESIDENTIAL
CORRECTIONAL FACILITIES.
Subdivision 1. Correction
order; conditional license. (a)
For any local correctional facility under section 241.011, subdivision 2,
paragraph (g), the commissioner must:
(1) promptly notify the facility
administrator and the facility's governing board of a deficiency if the
commissioner finds that:
(i) the facility does not substantially
conform to the minimum standards established by the commissioner and is not
making satisfactory progress toward substantial conformance; and
(ii) the nonconformance does not
present an imminent risk of life-threatening harm or serious physical injury to
the individuals detained or housed in or served by the facility; and
(2) issue a correction order or a
conditional license order requiring that the deficiency be remedied within a
reasonable and specified period.
(b) A conditional license order may
restrict the use of any facility that does not substantially conform to minimum
standards, including by:
(1) imposing
conditions limiting operation of the facility or parts of the facility;
(2) reducing facility capacity;
(3) limiting intake;
(4) limiting length of detention or
placement for individuals; or
(5) imposing detention or placement
limitations based on the needs of the detained or housed individuals or
individuals served by the facility.
(c) A correction order or conditional
license order must clearly state:
(1) the specific minimum standards
violated, noting the implicated rule or statute;
(2) the findings that constitute a
violation of minimum standards;
(3) the corrective action needed;
(4) the time allowed to correct each
violation; and
(5) if a license is made conditional:
(i) the length and terms of the
conditional license;
(ii) any conditions limiting operation
of the facility or parts of the facility; and
(iii) the reasons for making the
license conditional.
(d) Nothing in this section prohibits
the commissioner from ordering a revocation under subdivision 3 before issuing
a correction order or conditional license order.
Subd. 2. Requesting
review of conditional license order.
(a) A facility administrator may request that the commissioner
review the findings in a conditional license order under subdivision 1 on the
grounds that satisfactory progress toward substantial compliance with minimum
standards has been made, supported by evidence of correction. If appropriate, the request may include a
written schedule for compliance.
(b) Within ten business days of
receiving a request, the commissioner must review the evidence of correction
and the progress made toward substantial compliance with minimum standards.
(c) When the commissioner has assurance
that satisfactory progress toward substantial compliance with minimum standards
is being made, the commissioner must:
(1) modify or lift any conditions
limiting operation of the facility or parts of the facility; or
(2) remove the conditional license
order.
Subd. 3. License
revocation order. (a) After
due notice to a facility administrator of the commissioner's intent to issue a
revocation order, the commissioner may issue an order revoking a facility's
license if the commissioner finds that:
(1) the facility does
not conform to minimum standards or is not making satisfactory progress toward
substantial compliance with minimum standards; and
(2) the nonconformance does not present
an imminent risk of life-threatening harm or serious physical injury to the
individuals detained or housed in or served by the facility.
(b) The notice of intent to issue a
revocation order must include:
(1) the citation to minimum standards
that have been violated;
(2) the nature and severity of each
violation;
(3) whether the violation is recurring
or nonrecurring;
(4) the effect of the violation on
individuals detained or housed in or served by the facility;
(5) an evaluation of the risk of harm to
individuals detained or housed in or served by the facility; and
(6) relevant facts, conditions, and
circumstances related to the facility's operation, including, at a minimum:
(i) specific facility deficiencies that
endanger the health or safety of individuals detained or housed in or served by
the facility;
(ii) substantiated complaints relating
to the facility; or
(iii) any other evidence that the
facility is not in compliance with minimum standards.
(c) Within 30 days of receiving a notice
under paragraph (b), the facility administrator must submit a written response
with:
(1) any information related to errors in
the notice and the facility's ability to conform to minimum standards within a
set period, including but not limited to a written schedule for compliance and
any other information that the facility administrator deems relevant for the
commissioner's consideration; and
(2) a written plan:
(i) indicating how the facility will
ensure the transfer of individuals detained or housed in or served by the
facility and records if the facility closes; and
(ii) specifying arrangements that the
facility will make to transfer individuals detained or housed in or served by
the facility to another licensed local correctional facility for continuation
of detention.
(d) When revoking a license, the
commissioner must consider:
(1) the nature, chronicity, or severity
of the statute or rule violation; and
(2) the effect of the violation on the
health, safety, or rights of individuals detained or housed in or served by the
facility.
(e) The commissioner must issue a
revocation order if the facility administrator does not respond within 30 days
to the notice or if the commissioner does not have assurance that satisfactory
progress toward substantial compliance with minimum standards will be made. The revocation order must be sent to the
facility administrator and the facility's governing board, clearly stating:
(1) the specific
minimum standards violated, noting the implicated rule or statute;
(2) the findings that constitute a
violation of minimum standards and the nature, chronicity, or severity of the
violations;
(3) the corrective action needed;
(4) any prior correction order or
conditional license order issued to correct a violation; and
(5) the date on which the license
revocation will occur.
(f) A revocation order may authorize
facility use until a certain date, not to exceed the duration of the active
license:
(1) unless a limited license is issued
by the commissioner to effectuate a facility closure; and
(2) if continued operation does not
present an imminent risk of life-threatening harm or is not likely to result in
serious physical injury to the individuals detained or housed in or served by
the facility.
(g) After a facility's license is
revoked, the facility must not be used until the license is reinstated. When the commissioner is assured that
satisfactory progress toward substantial compliance with minimum standards is
being made, the commissioner may, at the request of the facility administrator
supported by a written schedule for compliance, reinstate the license.
Subd. 4. Reconsideration
orders. (a) If a facility
administrator believes that a correction order, conditional license order, or
revocation order is in error, the facility administrator may ask the
commissioner to reconsider the parts of the order or action that are alleged to
be in error. The request for
reconsideration must:
(1) be made in writing;
(2) be postmarked and sent to the
commissioner within 30 calendar days after receiving the order;
(3) specify the parts of the order or
the action that is alleged to be in error;
(4) explain why the order or action is
in error; and
(5) include documentation to support
the allegation of error.
(b) The commissioner must issue a
disposition within 60 days of receiving the facility administrator's response
under paragraph (a). A request for
reconsideration does not stay any provisions or requirements of the order.
Subd. 5. Temporary
immediate license suspension. (a)
The commissioner must act immediately to temporarily suspend a license issued
under sections 241.011 to 241.013 if:
(1) the facility's failure to comply
with applicable minimum standards or the conditions in the facility pose an
imminent risk of life-threatening harm or serious physical injury to
individuals detained or housed in or served by the facility, staff, law enforcement,
visitors, or the public and:
(i) if the imminent risk of
life-threatening harm or serious physical injury cannot be promptly corrected
through a different type of order under this section; and
(ii) the facility
cannot or has not corrected the violation giving rise to the imminent risk of
life-threatening harm or serious physical injury; or
(2) while the facility continues to
operate pending due notice and opportunity for written response to the
commissioner's notice of intent to issue a revocation order under subdivision
3, the commissioner identifies one or more subsequent violations of minimum
standards that may adversely affect the health or safety of individuals
detained or housed in or served by the facility, staff, law enforcement,
visitors, or the public.
(b) A notice stating the reasons for
the temporary immediate suspension must be delivered by personal service to the
facility administrator and the facility's governing board.
(c) A facility administrator and the
facility's governing board must discontinue operating the facility upon
receiving the commissioner's order to immediately suspend the license.
Subd. 6. Requesting
reconsideration of temporary immediate suspension. (a) A facility administrator may
request reconsideration of an order immediately suspending a license. The request for reconsideration must be made
in writing and sent by certified mail or personal service as follows:
(1) if mailed, the request for
reconsideration must be postmarked and sent to the commissioner within five
business days after the facility administrator receives notice that the license
has been immediately suspended; and
(2) if a request is made by personal
service, the request must be received by the commissioner within five business
days after the facility administrator received the order.
(b) The request for reconsideration
must:
(1) specify the parts of the order that
are alleged to be in error;
(2) explain why they are in error; and
(3) include documentation to support
the allegation of error.
(c) Within five business days of
receiving the facility administrator's timely request for reconsideration, the
commissioner must review the request. For
a review under subdivision 5, paragraph (a), clause (2), the review must be
limited solely to whether the temporary immediate suspension order should
remain in effect pending the written response to the commissioner's notice of
intent to issue a revocation order.
Subd. 7. Appealing
commissioner's reconsideration request.
(a) The commissioner's disposition of a request for
reconsideration of a correction, conditional license, temporary immediate
suspension, or revocation order is final and subject to appeal. Before a facility administrator may request
an appeal under paragraph (b), the facility administrator must request
reconsideration according to this section of any correction, conditional
license, temporary immediate suspension, or revocation order.
(b) Within 60 days after the postmark
date of the mailed notice of the commissioner's decision on a request for
reconsideration, the facility administrator may appeal the decision by filing
for a writ of certiorari with the court of appeals under section 606.01 and
Minnesota Rules of Civil Appellate Procedure, Rule 115.
Subd. 8. Public
notice of restriction, revocation, or suspension. If a facility's license is revoked or
suspended under this section, a facility's use is restricted for any reason
under a conditional license order, or a correction order is issued to a
facility, the commissioner must publicly post the following information on the
department's website:
(1) the facility
name;
(2) the status of the facility's
license;
(3) the reason for the correction
order, restriction, revocation, or suspension; and
(4) any subsequent findings by the
commissioner identifying satisfactory progress toward substantial compliance
with minimum standards.
Sec. 18. [241.013]
LICENSING AND INSPECTING LOCAL JUVENILE CORRECTIONAL FACILITIES.
Subdivision 1. Scope. This section applies to local juvenile
correctional facilities under section 241.011, subdivision 2, paragraph (g),
licensed by the commissioner of corrections to detain or serve juveniles,
including those providing residential or foster care facility placements under
chapter 260C.
Subd. 2. Facilities
for children and youth; inspection and licensing. (a) Notwithstanding any provisions in
sections 245A.03; 245A.04; and 256.01, subdivision 2, paragraph (a), clause
(2); and chapter 245C to the contrary, the commissioner must inspect all local
juvenile correctional facilities under section 241.011, subdivision 3, except
as provided under paragraph (c).
(b) The commissioner must grant a
license for up to two years to a county, municipality, or facility:
(1) according to section 241.011,
subdivision 5; and
(2) if the commissioner is satisfied
that the interests and well-being of children and youth are protected.
(c) For local juvenile correctional
facilities licensed by the commissioner of human services, the commissioner of
corrections may inspect and certify programs based on certification standards
under Minnesota Rules. For purposes of
this paragraph, "certification" has the meaning given in section
245A.02.
Subd. 3. Commissioner
consultation. Local juvenile
correctional facilities must consult with the commissioner as needed to
strengthen services to children and youth.
Subd. 4. Affected
municipality; notice. (a) The
commissioner must not grant a license to a local juvenile correctional facility
without giving 30 calendar days' written notice to any affected municipality or
other political subdivision unless the facility:
(1) has a licensed capacity of six or
fewer individuals; and
(2) is occupied by either the licensee
or a group foster home parent.
(b) The notification must be given
before the license is first granted and annually thereafter if annual
notification is requested in writing by the affected municipality or other
political subdivision.
(c) State funds must not be made
available to or be spent by an agency or department of state, county, or
municipal government for payment to a foster care facility licensed under this
section until the requirements under this subdivision have been met.
Subd. 5. Licensing
with juveniles from outside state. The
commissioner must not issue or renew a license to a facility under this section
to operate a local juvenile correctional facility if:
(1) the facility
accepts juveniles who reside outside Minnesota; and
(2) there is no agreement with the
entity placing the juvenile at the facility that obligates the entity to pay
the juvenile's educational expenses.
Subd. 6. Licensing
actions. The licensing
actions under section 241.012 apply to a facility licensed under this section.
Subd. 7. Education
for juveniles. Notwithstanding
subdivision 1, the education program offered in a state or local correctional
facility for the placement, confinement, or incarceration of juveniles must be
approved by the commissioner of education before the commissioner of
corrections may grant a license to the facility.
Subd. 8. Rulemaking. (a) The commissioner must adopt rules
for local juvenile correctional facilities according to Laws 1995, chapter 226,
article 3, sections 50, 51, and 60, as amended.
(b) The time limit to adopt rules under
section 14.125 does not apply to amendments to Minnesota Rules, chapter 2960,
in effect on the effective date of this section.
Sec. 19. [241.014]
SECURITY AUDITS FOR STATE CORRECTIONAL FACILITIES.
Subdivision 1. Purpose. This section applies to state
correctional facilities.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Audit group" means the
state correctional facilities security audit group under subdivision 5.
(c) "Corrections and detention
confidential data" has the meaning given in section 13.85, subdivision 3.
(d) "Security information"
has the meaning given in section 13.37, subdivision 1.
Subd. 3. Biennial
report and audit of security practices.
The department's inspection unit must conduct biennial security
audits of each state correctional facility using the standards established by
the audit group. The inspection unit
must:
(1) prepare a report for each audit;
and
(2) submit the report to the audit
group within 30 days of completing the audit.
Subd. 4. Data. (a) Corrections and detention
confidential data and security information contained in reports and records of
the audit group:
(1) must maintain that classification,
regardless of the data's classification in the hands of the person who provided
the data; and
(2) are not subject to discovery or
introduction into evidence in a civil or criminal action against the state
arising out of any matter that the audit group is reviewing.
(b) Information, documents, and records
otherwise available from other sources are not immune from discovery or use in
a civil or criminal action solely because the information, documents, and
records were acquired during an audit.
(c) Nothing in this
subdivision limits a person who presented information to the audit group or who
is an audit group member from testifying about matters within the person's
knowledge. In a civil or criminal
proceeding, a person must not be questioned about the person's good faith
presentation of information to the audit group or opinions formed by the person
as a result of an audit.
Subd. 5. State
correctional facilities security audit group. (a) The commissioner must form a state
correctional facilities security audit group.
The audit group must consist of the following members:
(1) a department employee who is not
assigned to the correctional institutions division, appointed by the
commissioner;
(2) the ombudsperson for corrections or
a designee;
(3) an elected sheriff or designee
nominated by the Minnesota Sheriffs' Association, appointed by the
commissioner;
(4) an individual with expertise in
security related to infrastructure and operational logistics of correctional
facilities who is not required to reside in Minnesota, appointed by the
governor;
(5) the commissioner of health or a
designee;
(6) the commissioner of administration
or a designee;
(7)
two senators, one appointed by the senate majority leader and one appointed by
the senate minority leader; and
(8) two representatives, one appointed
by the speaker of the house and one appointed by the minority leader of the
house of representatives.
(b) The ombudsperson chairs the audit
group. The audit group must establish
security audit standards for state correctional facilities. In developing the standards, the audit group,
or individual members of the audit group, may gather information from state
correctional facilities and state correctional staff and inmates. The audit group must:
(1) periodically review and modify the
standards as needed; and
(2) report the standards to the chairs
and ranking minority members of the house of representatives and senate
committees with jurisdiction over public safety policy and finance when the
standards are modified.
(c) The audit group must meet twice
annually to review facility audit reports submitted to the audit group by the
department's inspection unit. Notwithstanding
any law to the contrary, the audit group may review the full audit reports,
including but not limited to corrections and detention confidential data and
security information.
(d) Within 60 days of meeting to review
an audit report from the department's inspection unit, the audit group must
make recommendations to the commissioner.
Within 45 days of receiving the audit group's recommendations, the
commissioner must respond in writing to the audit group's findings and
recommendations. The commissioner's
response must explain:
(1) whether the commissioner will
implement the audit group's recommendations;
(2) the timeline for implementing the recommendations;
and
(3) if the
commissioner will not implement the recommendations, why the commissioner will
not or cannot implement the recommendations.
(e) The commissioner must include a
written aggregate of the audit group's recommendations based on each security
audit and assessment of a state correctional facility and the commissioner's
responses to the recommendations in the biennial report under section 241.016,
subdivision 1. The commissioner must not
include corrections and detention confidential data and security information in
the commissioner's report.
(f) The commissioner must provide
staffing and administrative support to the audit group.
Subd. 6. Compensation. Except as otherwise provided in this
subdivision, the terms, compensation, and removal of audit group members are
governed by section 15.059. Audit group
members serve without compensation but may receive expense reimbursement.
Subd. 7. Expiration. Notwithstanding section 15.059,
subdivision 6, the audit group does not expire.
Subd. 8. Open
meeting law. The audit group
is not subject to chapter 13D.
Sec. 20. Minnesota Statutes 2025 Supplement, section 241.021, subdivision 1, is amended to read:
Subdivision 1. Correctional
facilities; inspection; licensing. (a)
Except as provided in paragraph (b), The commissioner of corrections
shall inspect and license all correctional facilities throughout the state
jails and lockups under chapters 641 and 642, whether public or private,
established and operated for the detention and confinement of persons confined
or incarcerated therein according to law except to the extent that they are
inspected or licensed by other state regulating agencies. The commissioner shall promulgate pursuant to
chapter 14, rules establishing minimum standards for these facilities with
respect to their management, operation, physical condition, and the security,
safety, health, treatment, and discipline of persons confined or incarcerated
therein. These minimum standards shall
include but are not limited to specific guidance pertaining to:
(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated in correctional facilities with mental illness or substance use disorders;
(2) a policy on the involuntary administration of medications, including a process for determining on intake whether a Jarvis Order is in place and ensuring it will be followed during the confinement or incarceration;
(3) suicide prevention plans and training;
(4) verification of medications in a timely manner;
(5) well-being checks;
(6) discharge planning, including providing prescribed medications to persons confined or incarcerated in correctional facilities upon release;
(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional institution;
(8) use of segregation and mental health checks;
(9) critical incident debriefings;
(10) clinical management of substance use disorders and opioid overdose emergency procedures;
(12) a policy regarding the use of telehealth;
(13) self-auditing of compliance with minimum standards;
(14) information sharing with medical personnel and when medical assessment must be facilitated;
(15) a code of conduct policy for facility staff and annual training;
(16) a policy on death review of all circumstances surrounding the death of an individual committed to the custody of the facility; and
(17) dissemination of a rights statement made available to persons confined or incarcerated in licensed correctional facilities.
No individual, corporation, partnership, voluntary association, or other private organization legally responsible for the operation of a correctional facility may operate the facility unless it possesses a current license from the commissioner of corrections. Private adult correctional facilities shall have the authority of section 624.714, subdivision 13, if the Department of Corrections licenses the facility with the authority and the facility meets requirements of section 243.52.
The commissioner shall review the correctional facilities described in this subdivision at least once every two years, except as otherwise provided, to determine compliance with the minimum standards established according to this subdivision or other Minnesota statute related to minimum standards and conditions of confinement.
The commissioner shall grant a license to any facility found to conform to minimum standards or to any facility which, in the commissioner's judgment, is making satisfactory progress toward substantial conformity and the standards not being met do not impact the interests and well-being of the persons confined or incarcerated in the facility. A limited license under subdivision 1a may be issued for purposes of effectuating a facility closure. The commissioner may grant licensure up to two years. Unless otherwise specified by statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the expiration date stated on the license.
The commissioner shall have access to the buildings, grounds, books, records, staff, and to persons confined or incarcerated in these facilities. The commissioner may require the officers in charge of these facilities to furnish all information and statistics the commissioner deems necessary, at a time and place designated by the commissioner. Notwithstanding chapter 13 or any other state law classifying or restricting access to data, the officers in charge of these facilities must furnish all data available to the facility that the commissioner deems necessary to conduct a review of any emergency or unusual occurrence at the facility. Failure to provide or grant access to relevant information or statistics necessary to fulfill inspection or emergency or unusual occurrence reviews, as requested by the commissioner, may be grounds for the commissioner to take action against a correctional facility's license under subdivision 1a, 1b, or 1c.
All facility administrators of correctional facilities are required to report all deaths of individuals who died while committed to the custody of the facility, regardless of whether the death occurred at the facility or after removal from the facility for medical care stemming from an incident or need for medical care at the correctional facility, as soon as practicable, but no later than 24 hours of receiving knowledge of the death, including any demographic information as required by the commissioner.
The commissioner may require that any or all such information be provided through the Department of Corrections detention information system. The commissioner shall post each inspection report publicly and on the department's website within 30 days of completing the inspection. The education program offered in a correctional facility for the confinement or incarceration of juvenile offenders must be approved by the commissioner of education before the commissioner of corrections may grant a license to the facility.
(b) For juvenile facilities licensed by
the commissioner of human services, the commissioner may inspect and certify
programs based on certification standards set forth in Minnesota Rules. For the purpose of this paragraph,
"certification" has the meaning given it in section 245A.02.
(c) (b) Any state agency
which regulates, inspects, or licenses certain aspects of correctional
facilities shall, insofar as is possible, ensure that the minimum standards it
requires are substantially the same as those required by other state agencies
which regulate, inspect, or license the same aspects of similar types of
correctional facilities, although at different correctional facilities.
(d) (c) Nothing in this
section shall be construed to limit the commissioner of corrections' authority
to promulgate rules establishing standards of eligibility for counties to
receive funds under chapter 401, or to require counties to comply with
operating standards the commissioner establishes as a condition precedent for
counties to receive that funding.
(e) (d) The department's
inspection unit must report directly to a division head outside of the
correctional institutions division.
Sec. 21. Minnesota Statutes 2024, section 241.021, subdivision 1f, is amended to read:
Subd. 1f. Report. By February 15, 2022, and by February 15
each year thereafter, the commissioner of corrections shall report to the
chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over public safety and judiciary on
the status of the implementation of the provisions in this section sections
241.011 to 241.021 over the prior year, particularly the health and safety
of individuals confined or incarcerated in a local adult correctional
facilities under this section, local correctional facilities under section
241.011, and state correctional facility and a facility licensed by the
commissioner facilities. This
report shall include but not be limited to data regarding:
(1) the number of confined or incarcerated
persons who died while committed to the custody of the facility, regardless of
whether the death occurred at the facility or after removal from the facility
for medical care stemming from an incident or need for medical care at the
correctional facility, including aggregated demographic information and the
correctional facilities' most recent inspection reports and any corrective
orders or conditional licenses issued, revocations, or temporary
immediate suspensions;
(2) the aggregated results of the death reviews by facility as required by subdivision 8 or section 241.011, subdivision 8, including any implemented policy changes;
(4) the number of suicide attempts, number of people transported to a medical facility, and number of people placed in segregation;
(5) the number of persons committed to the commissioner of corrections' custody that the commissioner is housing in facilities licensed under subdivision 1 and section 241.011, including but not limited to:
(i) aggregated demographic data of those individuals;
(ii) length of time spent housed in a licensed correctional facility; and
(iii) any contracts the Department of Corrections has with correctional facilities to provide housing; and
(6) summary data from state correctional facilities regarding complaints involving alleged on-duty staff misconduct, including but not limited to the:
(i) total number of misconduct complaints and investigations;
(ii) total number of complaints by each category of misconduct, as defined by the commissioner of corrections;
(iii) number of allegations dismissed as unfounded;
(iv) number of allegations dismissed on grounds that the allegation was unsubstantiated; and
(v) number of allegations substantiated, any resulting disciplinary action, and the nature of the discipline.
Sec. 22. Minnesota Statutes 2024, section 241.021, subdivision 1i, is amended to read:
Subd. 1i. Definition. As used in this section,
"correctional facility" means any facility, including a group
home, having a residential component, the primary purpose of which is to serve
persons placed in facilities by a court, court services department, parole
authority, or other correctional agency having dispositional power over persons
charged with, convicted, or adjudicated guilty or delinquent jail or
lockup under chapter 641 or 642.
Sec. 23. Minnesota Statutes 2024, section 241.021, subdivision 4a, is amended to read:
Subd. 4a. Substance
use disorder treatment programs. All
residential substance use disorder treatment programs operated by the
commissioner of corrections to treat adults individuals committed
to the commissioner's custody shall or to treat juveniles in
state-operated juvenile correctional facilities that have a correctional
program services certification per Minnesota Rules, chapter 2960, must
comply with the standards mandated in chapter 245G for treatment programs
operated by community-based treatment facilities. When the commissioners of corrections and
human services agree that these established standards for community-based
programs cannot reasonably apply to correctional facilities, alternative
equivalent standards shall be developed by the commissioners and established
through an interagency agreement.
Sec. 24. Minnesota Statutes 2024, section 241.69, subdivision 1, is amended to read:
Subdivision 1. Authority; rules. The commissioner of corrections shall, in accordance with applicable rules and standards prescribed by the Department of Human Services, establish, staff, equip, maintain, and operate in at least one of the adult correctional institutions under the commissioner's control a mental health unit for the care and treatment of those inmates of state correctional institutions who become mentally ill.
Subd. 3. Transfer. If the licensed mental health
professional finds the person to be a person who is mentally ill and in need of
short-term care, assessment, evaluation, or stabilization, the licensed
mental health professional may recommend transfer by the commissioner of
corrections to the a mental health unit established pursuant to
subdivision 1.
Sec. 26. Minnesota Statutes 2024, section 241.69, subdivision 4, is amended to read:
Subd. 4. Commitment. If the licensed mental health
professional finds the person to be a person who is mentally ill and in need of
long-term care in a hospital, or if an inmate transferred pursuant to
subdivision 3 refuses to voluntarily participate in the treatment program at
the mental health unit, the director of psychological services of the
institution or the mental health professional shall initiate proceedings for
judicial commitment as provided in section 253B.07. Upon the recommendation of the licensed
mental health professional and upon completion of the hearing and consideration
of the record, the court may commit the person to the a mental
health unit established in subdivision 1 or to another hospital. A person confined in a state correctional
institution for adults who has been adjudicated to be a person who is mentally
ill and in need of treatment may be committed to the commissioner of
corrections and placed in the a mental health unit established in
subdivision 1.
Sec. 27. Minnesota Statutes 2024, section 241.69, subdivision 5, is amended to read:
Subd. 5. Discharge. The director of psychological services of
the a mental health unit established under this section may,
subject to the provisions of chapter 253B, provisionally discharge any inmate
patient admitted as a person who is mentally ill without discharging the
commitment and order the inmate patient's release into the general population
of the institution from which admitted, subject to return to the facility for
further treatment.
When the director of psychological services of the facility certifies that a patient is no longer in need of institutional care for mental illness the director of psychological services shall discharge the patient to the institution from which committed, and the discharge shall also discharge the mental illness commitment.
A copy of the certification that the inmate is no longer in need of care for mental illness shall be transmitted to the commissioner of corrections. The commissioner of corrections shall give serious consideration to the aforementioned certification for purposes of their supervision over the inmate upon the inmate's release.
Sec. 28. Minnesota Statutes 2024, section 241.69, subdivision 6, is amended to read:
Subd. 6. Transfer
upon expiration of sentence. If the
sentence of a person who has been adjudicated to be mentally ill and committed
to the a mental health unit established under this section should
expire before the person recovers and is discharged therefrom, and, in the
judgment of the director of psychological services of the unit, the person
requires further hospitalization for mental illness, the person shall be
transferred by the commissioner of corrections to a state hospital designated
by the Direct Care and Treatment executive board, there to be detained as in
the case of other mentally ill persons under judicial commitment.
Sec. 29. Minnesota Statutes 2025 Supplement, section 244.46, subdivision 1, is amended to read:
Subdivision 1. Adopting
policy for earned compliance credit; supervision abatement status. (a) The commissioner must adopt a policy
providing for earned compliance credit and supervision abatement status,
including the circumstances under which an individual may receive earned
compliance credits and transition to supervision abatement status. The policy must include consideration of
an individual's effort to pay restitution, to the extent known to the
supervising agency, and must provide that an individual who has the ability to
pay restitution but engages in willful nonpayment is not eligible to transition
to supervision abatement status.
EFFECTIVE
DATE. This section is
effective September 1, 2026.
Sec. 30. Minnesota Statutes 2024, section 256D.02, subdivision 12a, is amended to read:
Subd. 12a. Resident. (a) For purposes of eligibility for general assistance, a person must be a resident of this state.
(b) A "resident" is a person
living in the state for at least 30 days with the intention of making the
person's home here and not for any temporary purpose. Time spent in a shelter for battered women
domestic abuse victims shall count toward satisfying the 30-day
residency requirement. All applicants
for these programs are required to demonstrate the requisite intent and can do
so in any of the following ways:
(1) by showing that the applicant maintains a residence at a verified address, other than a place of public accommodation. An applicant may verify a residence address by presenting a valid state driver's license, a state identification card, a voter registration card, a rent receipt, a statement by the landlord, apartment manager, or homeowner verifying that the individual is residing at the address, or other form of verification approved by the commissioner; or
(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart 3, item C.
(c) For general assistance, a county shall waive the 30-day residency requirement where unusual hardship would result from denial of general assistance. For purposes of this subdivision, "unusual hardship" means the applicant is without shelter or is without available resources for food.
The county agency must report to the commissioner within 30 days on any waiver granted under this section. The county shall not deny an application solely because the applicant does not meet at least one of the criteria in this subdivision, but shall continue to process the application and leave the application pending until the residency requirement is met or until eligibility or ineligibility is established.
(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes any shelter that is located within the metropolitan statistical area containing the county and for which the applicant is eligible, provided the applicant does not have to travel more than 20 miles to reach the shelter and has access to transportation to the shelter. Clause (2) does not apply to counties in the Minneapolis-St. Paul metropolitan statistical area.
(e) Migrant workers as defined in section 142G.02 are exempt from the residency requirements of this section, provided the migrant worker provides verification that the migrant family worked in this state within the last 12 months and earned at least $1,000 in gross wages during the time the migrant worker worked in this state.
(f) For purposes of eligibility for emergency general assistance, the 30-day residency requirement under this section shall not be waived.
Sec. 31. Minnesota Statutes 2024, section 256G.02, subdivision 6, is amended to read:
Subd. 6. Excluded time. "Excluded time" means:
(1) any period an applicant spends in a
hospital, sanitarium, nursing home, shelter other than an emergency shelter,
halfway house, foster home, community residential setting licensed under
chapter 245D, semi-independent living domicile or services program, residential
facility offering care, board and lodging facility or other institution for the
hospitalization or care of human beings, as defined in section 144.50, 144A.01,
or 245A.02, subdivision 14; maternity home, battered women's shelter for
domestic abuse victims, or correctional facility; or any facility based on
an emergency hold under section 253B.05, subdivisions 1 and 2;
(2) any period an applicant spends on a placement basis in a training and habilitation program, including: a rehabilitation facility or work or employment program as defined in section 268A.01; semi-independent living services provided under section 252.275, and chapter 245D; or day training and habilitation programs;
(3) any period an applicant is receiving assisted living services, integrated community supports, or day support services; and
(4) any placement for a person with an indeterminate commitment, including independent living.
Sec. 32. Minnesota Statutes 2025 Supplement, section 256G.03, subdivision 2, is amended to read:
Subd. 2. No
durational test. Except as otherwise
provided in sections 142G.12; 142G.78; 256B.056, subdivision 1; and 256D.02,
subdivision 12a, for purposes of this chapter, no waiting period is required
before securing county or state residence.
A person cannot, however, gain residence while physically present in an
excluded time facility unless otherwise specified in this chapter or in a
federal regulation controlling a federally funded human service; children,
youth, and families; or direct care and treatment program. Interstate migrants who enter a shelter for battered
women domestic abuse victims directly from another state can gain
residency while in the facility provided the person can provide documentation
that the person is a victim of domestic abuse and the county determines that
the placement is appropriate.
Sec. 33. Minnesota Statutes 2024, section 257.75, subdivision 6, is amended to read:
Subd. 6. Paternity
educational materials. The
commissioner of children, youth, and families shall prepare educational
materials for new and prospective parents that describe the benefits and
effects of establishing paternity. The
materials must include a description and comparison of the procedures for
establishment of paternity through a recognition of parentage under this
section and an adjudication of paternity under sections 257.51 to 257.74. The commissioner shall consider the use of
innovative audio or visual approaches to the presentation of the materials to
facilitate understanding and presentation.
In preparing the materials, the commissioner shall consult with child
advocates and support workers, battered women's advocates and advocates
for domestic abuse victims, social service providers, educators, attorneys,
hospital representatives, and people who work with parents in making decisions
related to paternity. The commissioner
shall consult with representatives of communities of color. On and after January 1, 1994, the
commissioner shall make the materials available without cost to hospitals,
requesting agencies, and other persons for distribution to new parents.
Subdivision 1. Establishment
of team. A county shall establish a
multidisciplinary child protection team that may include but is not limited to
the director of the local welfare agency or designees, the county attorney or
designees, the county sheriff or designees, representatives of health and
education, representatives of mental health, representatives of agencies
providing specialized services or responding to youth who experience or are at
risk of experiencing sex or labor trafficking or sexual exploitation, or other
appropriate human services, children's services, or community-based agencies,
and parent groups. As used in this
section, a "community-based agency" may include, but is not limited
to, schools, social services agencies, family service and mental health
collaboratives, children's advocacy centers, early childhood and family
education programs, Head Start, or other agencies serving children and families. A member of the team must be designated as
the lead person of the team responsible for the planning process to develop
standards for the team's activities with battered women's and domestic
abuse programs and services.
Sec. 35. Minnesota Statutes 2024, section 299A.85, subdivision 4, is amended to read:
Subd. 4. Duties. (a) The office has the following duties:
(1) advocate in the legislature for legislation that will facilitate the accomplishment of the mandates identified in the Missing and Murdered Indigenous Women Task Force report;
(2) advocate for state agencies to take actions to facilitate the accomplishment of the mandates identified in the Missing and Murdered Indigenous Women Task Force report;
(3) develop recommendations for legislative and agency actions to address injustice in the criminal justice system's response to the cases of missing and murdered Indigenous relatives;
(4) facilitate research to refine the mandates in the Missing and Murdered Indigenous Women Task Force report and to assess the potential efficacy, feasibility, and impact of the recommendations;
(5) develop tools and processes to evaluate the implementation and impact of the efforts of the office;
(6) track and collect Minnesota data on missing and murdered indigenous women, children, and relatives, and provide statistics upon public or legislative inquiry;
(7) facilitate technical assistance for local and Tribal law enforcement agencies during active missing and murdered Indigenous relatives cases;
(8) conduct case reviews and report on the results of case reviews for the following types of missing and murdered Indigenous relatives cases: cold cases for missing Indigenous people and death investigation review for cases of Indigenous people ruled as suicide or overdose under suspicious circumstances;
(9) conduct case reviews of the prosecution and sentencing for cases where a perpetrator committed a violent or exploitative crime against an Indigenous person. These case reviews should identify those cases where the perpetrator is a repeat offender;
(10) prepare draft legislation as necessary to allow the office access to the data required for the office to conduct the reviews required in this section and advocate for passage of that legislation;
(11) review sentencing guidelines for missing and murdered Indigenous women-related crimes, recommend changes if needed, and advocate for consistent implementation of the guidelines across Minnesota courts;
(13) coordinate, as relevant, with the
Bureau of Indian Affairs' Cold Case Office through Operation Lady Justice and
other federal efforts, as well as efforts in neighboring states and Canada. This recommendation pertains to state efforts. Tribes are sovereign nations that have the
right to determine if and how they will coordinate with these other efforts.;
and
(14) provide case support to victims
and families of missing or murdered Indigenous relatives or their designated
family representative or the reporting person.
Case support includes but is not limited to providing support and
guidance during the law enforcement investigation; facilitating communication
with criminal justice agencies and other government entities; compiling
relevant information about ongoing cases; and providing information, referrals,
and other types of support.
(b) As used in this subdivision:
(1) "reporting person" means
the relative or nonrelative person who completed a case intake form with the
office; and
(2) "victim" has the meaning
given in section 611A.01.
(c) Data created, collected, received,
stored, used, or maintained by the office related to paragraph (a), clause
(14), are private data on individuals as defined in section 13.02, subdivision
12.
Sec. 36. Minnesota Statutes 2024, section 299A.90, subdivision 3, is amended to read:
Subd. 3. Duties. (a) The office has the following duties:
(1) advocate in the legislature for legislation that will facilitate the accomplishment of mandates identified in the report of the Task Force on Missing and Murdered African American Women;
(2) advocate for state agencies to take actions to facilitate the accomplishment of mandates identified in the report of the Task Force on Missing and Murdered African American Women;
(3) develop recommendations for legislative and agency actions to address injustice in the criminal justice system's response to cases of missing and murdered Black women and girls;
(4) facilitate research to refine the mandates in the report of the Task Force on Missing and Murdered African American Women and to assess the potential efficacy, feasibility, and impact of the recommendations;
(5) collect data on missing person and homicide cases involving Black women and girls, including the total number of cases, the rate at which the cases are solved, the length of time the cases remain open, and a comparison to similar cases involving different demographic groups;
(6) collect data on Amber Alerts, including the total number of Amber Alerts issued, the total number of Amber Alerts that involve Black girls, and the outcome of cases involving Amber Alerts disaggregated by the child's race and sex;
(7) collect data on reports of missing Black girls, including the number classified as voluntary runaways, and a comparison to similar cases involving different demographic groups;
(9) develop recommendations for legislative, agency, and community actions to address the intersection between cases involving missing and murdered Black women and girls and labor trafficking and sex trafficking;
(10) analyze and assess the intersection between cases involving murdered Black women and girls and domestic violence, including prior instances of domestic violence within the family or relationship, whether an offender had prior convictions for domestic assault or related offenses, and whether the offender used a firearm in the murder or any prior instances of domestic assault;
(11) develop recommendations for legislative, agency, and community actions to address the intersection between cases involving murdered Black women and girls and domestic violence;
(12) develop tools and processes to evaluate the implementation and impact of the efforts of the office;
(13) track and collect Minnesota data on missing and murdered Black women and girls, and provide statistics upon public or legislative inquiry;
(14) facilitate technical assistance for local and Tribal law enforcement agencies during active cases involving missing and murdered Black women and girls;
(15) conduct case reviews and report on the results of case reviews for the following types of cases involving missing and murdered Black women and girls: cold cases for missing Black women and girls and death investigation review for cases of Black women and girls ruled as suicide or overdose under suspicious circumstances;
(16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator committed a violent or exploitative crime against a Black woman or girl. These case reviews must identify those cases where the perpetrator is a repeat offender;
(17) prepare draft legislation as necessary to allow the office access to the data necessary for the office to conduct the reviews required in this section and advocate for passage of that legislation;
(18) review sentencing guidelines for crimes related to missing and murdered Black women and girls, recommend changes if needed, and advocate for consistent implementation of the guidelines across Minnesota courts;
(19) develop and maintain communication with relevant divisions in the Department of Public Safety, including but not limited to the Bureau of Criminal Apprehension, regarding any cases involving missing and murdered Black women and girls and on procedures for investigating cases involving missing and murdered Black women and girls;
(20) consult with the Council for
Minnesotans of African Heritage established in section 15.0145; and
(21) coordinate, as relevant, with federal
efforts, and efforts in neighboring states and Canada.; and
(22) provide case support to victims
and families of missing or murdered Black women and girls or their designated
family representative or the reporting person.
Case support includes but is not limited to providing support and
guidance during the law enforcement investigation; facilitating communication
with criminal justice agencies and other government entities; compiling
relevant information about ongoing cases; and providing information, referrals,
and other types of support.
(1) "labor trafficking" has the
meaning given in section 609.281, subdivision 5; and
(2) "reporting person" means
the relative or nonrelative person who completed a case intake form with the
office;
(2) (3) "sex
trafficking" has the meaning given in section 609.321, subdivision 7a.;
and
(4) "victim" has the meaning
given in section 611A.01.
(c) Data created, collected, received,
stored, used, or maintained by the office related to paragraph (a), clause
(22), are private data on individuals as defined in section 13.02, subdivision
12.
Sec. 37. Minnesota Statutes 2024, section 299C.05, is amended to read:
299C.05
CRIME DATA COLLECTION.
It shall be the duty of this division to collect, and preserve as a record of the bureau, information concerning the number and nature of offenses known to have been committed in the state, of the legal steps taken in connection therewith from the inception of the complaint to the final discharge of the defendant, and such other information as may be useful in the study of crime and the administration of justice. The information shall be provided in a form prescribed by the superintendent. The information so collected and preserved shall include such data as may be requested by the United States Department of Justice, at Washington, under its national system of crime reporting. To the extent possible, the superintendent must utilize a nationally recognized system or standard approved by the Federal Bureau of Investigation to collect and preserve crime data.
Sec. 38. Minnesota Statutes 2024, section 299C.065, subdivision 1, is amended to read:
Subdivision 1. Grants
Reimbursements. The
commissioner of public safety shall make grants reimbursements to
local officials for the following purposes:
(1) the cooperative investigation of cross jurisdictional criminal activity relating to the possession and sale of controlled substances;
(2) receiving or selling stolen goods;
(3) participating in gambling activities in violation of section 609.76;
(4) violations of section 609.322 or any other state or federal law prohibiting the recruitment, transportation, or use of juveniles for purposes of prostitution;
(5) for partial reimbursement of local costs associated with unanticipated, intensive, long-term, multijurisdictional criminal investigations that exhaust available local resources, except that the commissioner may not reimburse the costs of a local investigation involving a child who is reported to be missing and endangered unless the law enforcement agency complies with section 299C.53 and the agency's own investigative policy; and
(6) for partial reimbursement of local costs associated with criminal investigations into the activities of violent criminal gangs and gang members.
Subd. 1a. Witness
and victim protection fund. (a) A
witness and victim protection fund is created under the administration of the
commissioner of public safety. The
commissioner may make grants reimbursements to local officials to
provide for the relocation or other protection of a victim, witness, or
potential witness who is involved in a criminal prosecution and who the
commissioner has reason to believe is or is likely to be the target of a
violent crime or a violation of section 609.498 or 609.713, in connection with
that prosecution. The awarding of grants
reimbursements under this subdivision is not limited to the crimes and
investigations described in subdivision 1.
(b) The commissioner may award grants
reimbursements for any of the following actions in connection with the
protection of a witness or victim under this subdivision:
(1) to provide suitable documents to enable the person to establish a new identity or otherwise protect the person;
(2) to provide housing for the person;
(3) to provide for the transportation of household furniture and other personal property to the person's new residence;
(4) to provide the person with a payment to meet basic living expenses for a time period the commissioner deems necessary;
(5) to assist the person in obtaining employment; and
(6) to provide other services necessary to assist the person in becoming self-sustaining.
Sec. 40. Minnesota Statutes 2024, section 299C.065, subdivision 2, is amended to read:
Subd. 2. Application
for grant reimbursement. A
county sheriff or the chief administrative officer of a municipal police
department may apply to the commissioner of public safety for a grant reimbursement
for any of the purposes described in subdivision 1 or 1a, on forms and pursuant
to procedures developed by the superintendent.
For grants reimbursements under subdivision 1, the
application shall describe the type of intended criminal investigation, an
estimate of the amount of money required, and any other information the
superintendent deems necessary.
Sec. 41. Minnesota Statutes 2024, section 299C.065, subdivision 3, is amended to read:
Subd. 3. Investigation
report. A report shall be made to
the commissioner at the conclusion of an investigation for which a grant
reimbursement was made under subdivision 1 stating (1) the number of
persons arrested, (2) the nature of charges filed against them, (3) the nature
and value of controlled substances or contraband purchased or seized, (4) the
amount of money paid to informants during the investigation, and (5) a separate
accounting of the amount of money spent for expenses, other than "buy
money," of bureau and local law enforcement personnel during the
investigation. The commissioner shall
prepare and submit to the chairs of the committees in the senate and house of
representatives with jurisdiction over criminal justice policy by January 1 of
each even-numbered year a report of investigations receiving grants reimbursements
under subdivision 1.
Sec. 42. Minnesota Statutes 2024, section 299C.065, subdivision 3a, is amended to read:
Subd. 3a. Accounting
report. The head of a law
enforcement agency that receives a grant reimbursement under
subdivision 1a shall file a report with the commissioner at the conclusion of
the case detailing the specific purposes for which the money was spent. The commissioner shall prepare and submit to
the chairs of the committees in the senate and house of representatives with
jurisdiction over criminal justice policy by January 1 of each even-numbered
year a summary report of witness assistance services provided under this
section.
Subd. 6. Orders for protection; no contact orders; harassment restraining orders. (a) As used in this subdivision, "no contact orders" include orders issued as pretrial orders under section 629.72, subdivision 2, orders under section 629.75, and orders issued as probationary or sentencing orders at the time of disposition in a criminal domestic abuse case.
(b) The data communications network must include orders for protection issued under section 518B.01 or 609.2334, harassment restraining orders, and no contact orders issued against adults and juveniles. A no contact order must be accompanied by a photograph of the offender for the purpose of enforcement of the order, if a photograph is available and verified by the court to be an image of the defendant.
(c) Data from orders for protection, harassment restraining orders, or no contact orders and data entered by law enforcement to assist in the enforcement of those orders are classified as private data on individuals as defined in section 13.02, subdivision 12. Data about the offender can be shared with the victim for purposes of enforcement of the order.
Sec. 44. Minnesota Statutes 2025 Supplement, section 299C.80, subdivision 6, is amended to read:
Subd. 6. Reporting. (a) As provided for in chapter 13, the superintendent must make all inactive investigative data for officer-involved death investigations that are public under section 13.82, subdivision 7, or other applicable law available on the bureau's website within 30 days of the case becoming inactive as defined in section 13.82, subdivision 7, except any video that does not record, describe, or otherwise document actions and circumstances surrounding the officer-involved death.
(b) By February 1 of each year, the superintendent shall report to the commissioner, the governor, and the chairs and ranking minority members of the legislative committees with jurisdiction over public safety finance and policy the following information about the unit: the number of investigations initiated; the number of incidents that began with a law enforcement response to a situation involving suspected or alleged domestic abuse, as defined in section 626.5537, subdivision 1; the number of incidents investigated; the outcomes or current status of each investigation; the charging decisions made by the prosecuting authority of incidents investigated by the unit; the number of plea agreements reached in incidents investigated by the unit; and any other information relevant to the unit's mission.
(c) Nothing in this subdivision modifies the requirements of chapter 13 or the classification of data.
Sec. 45. Minnesota Statutes 2024, section 326.32, subdivision 8, is amended to read:
Subd. 8. Applicant. "Applicant" means any
individual, partnership or corporation who has made application for a
private detective or protective agent license.
Sec. 46. Minnesota Statutes 2024, section 326.32, subdivision 10, is amended to read:
Subd. 10. License
holder. "License holder"
means any individual, partnership as defined in section 323A.0101, clause
(8), or corporation licensed to perform the duties of a private detective
or a protective agent.
Sec. 47. Minnesota Statutes 2024, section 326.32, subdivision 10a, is amended to read:
Subd. 10a. Minnesota
manager. "Minnesota
manager" means the member of a partnership or corporation, who
meets the qualifications for licensing as provided in sections 326.32 to
326.339. The Minnesota manager must be
actively involved in the day to day management and supervision of the licensed
activity in the Minnesota office.
Subd. 10c. Proprietary
employer. A "proprietary
employer" means an individual, partnership, or a corporation
that is not engaged in the business of providing protective agents but employs
individuals to serve as security guards solely on the employer's property and
its curtilage.
Sec. 49. Minnesota Statutes 2024, section 326.32, subdivision 12, is amended to read:
Subd. 12. Qualified
representative. "Qualified
representative" means the member of a partnership or corporation,
who meets the qualifications for licensing as provided in sections 326.32 to
326.339. The qualified representative
must be actively involved in the day to day management and supervision of the
licensed activity.
Sec. 50. Minnesota Statutes 2024, section 326.33, subdivision 1, is amended to read:
Subdivision 1. Members. There is hereby created a Board of
Private Detective and Protective Agent Services, consisting of the
superintendent of the Bureau of Criminal Apprehension or an assistant
superintendent designated by the superintendent, and the following members
appointed by the commissioner of public safety:
a licensed protective agent, or qualified representative for a licensed
protective agent partnership or corporation,; a licensed
private detective, or qualified representative for a licensed private detective
partnership or corporation,; and two public members. Filling of member vacancies shall be the
responsibility of the commissioner of public safety. Membership terms, compensation of members,
removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of staff, unless otherwise
provided in sections 326.32 to 326.339; administrative services and office
space; the review and processing of complaints; the setting of board fees,
unless otherwise provided in sections 326.32 to 326.339; and other provisions
relating to board operations shall be as provided in chapter 214.
Sec. 51. Minnesota Statutes 2024, section 326.3381, subdivision 2, is amended to read:
Subd. 2. Application procedure. The board shall issue a license upon application to any person qualified under sections 326.32 to 326.339 and under the rules of the board to engage in the business of private detective or protective agent. The license shall remain effective for two years as long as the license holder complies with sections 326.32 to 326.339, the laws of Minnesota, and the rules of the board. Upon receipt of an application for private detective or protective agent license, the board shall:
(1) post notice of the application in its office for a period of 20 days, and notify all persons who have requested notification of applications;
(2) conduct an investigation as it
considers necessary to determine the qualifications of the applicant, qualified
representative, Minnesota manager, and, if appropriate, a partner or
corporate officer; and
(3) notify the applicant of the date on which the board will conduct a review of the license application.
Sec. 52. Minnesota Statutes 2024, section 326.3381, subdivision 4, is amended to read:
Subd. 4. Business
entity applicant. If the applicant
for a license is a corporation or partnership, one member, the chief
executive officer, the chief financial officer, the qualified representative,
and the Minnesota manager, if one exists, of that corporation or
partnership must meet the licensing requirements in sections 326.32 to
326.339, including the requirements of subdivision 3, paragraph (b).
Sec. 53. Minnesota Statutes 2024, section 326.3382, subdivision 1, is amended to read:
Subdivision 1. Application form. (a) Application for a private detective or protective agent license shall be made on a form prescribed by the board. Each applicant shall provide the following information:
(2) all past and present occupations and employers, length of employment, and the name, address, and telephone numbers of supervisors for all persons signing the application;
(3) the address or a description indicating the location of the place of business of the applicant;
(4) a statement indicating that each person signing the application has attained the age of 18;
(5) if the applicant is a corporation, the name of the corporation, the date and place of incorporation, and the location of its principal place of business or registered office in its state of incorporation; and
(6) further facts as may be required by
the board to show the good character, competency, and integrity of each person
signing the application; and.
(b) Each application shall be signed and acknowledged as follows:
(1) if the applicant is an individual, by
the individual; or
(2) if the applicant is a partnership,
by each partner, one of whom must be a qualified representative; or
(3) (2) if the applicant is
a corporation, by the chief executive officer, chief financial officer, and the
qualified representative of the corporation.
If the principal place of the applicant's business is outside Minnesota,
the application shall also include the signature of the Minnesota manager.
Sec. 54. Minnesota Statutes 2024, section 326.3382, subdivision 4, is amended to read:
Subd. 4. License
disqualification. Unlicensed
activity will not be considered as legitimate experience for qualification in
being licensed. An individual, partnership,
a corporation, a qualified representative, or a Minnesota
manager engaged in the business of a private detective or protective agent
without a license issued by the board is prohibited from applying for licensing
for a period of one year from the date of a finding of the violation.
Sec. 55. Minnesota Statutes 2024, section 326.3385, subdivision 2, is amended to read:
Subd. 2. Notice
of successor. (a) A corporate
or partnership license holder shall, within seven days of the death,
resignation, or removal of a person signing the license application, give
written notice to the board of the change and the name and address of the
successor in the vacated position.
(b) Within seven days of the death,
resignation, or removal of a person signing the license application for a partnership
or corporate license holder, the successor qualified representative, partner,
Minnesota manager, chief executive officer, or chief financial officer who
shall qualify under the same procedure and criteria, and must
submit the documents required, as for an original application.
Sec. 56. Minnesota Statutes 2024, section 326.3386, subdivision 3, is amended to read:
Subd. 3. Designation
fee. When a licensed private
detective or protective agent who is a partnership or corporation,
desires to designate a new qualified representative or Minnesota manager, a fee
equal to one-half of the license fee shall be submitted to the board.
Subd. 3. Evidence
of rehabilitation. (a) A person who
has been convicted of a crime or crimes which directly relate to the public
employment sought or to the occupation for which a license is sought shall
not may be disqualified from the employment or occupation if unless
the person can show both:
(1) competent evidence of sufficient rehabilitation; and
(2) present fitness to perform the duties of the public employment sought or the occupation for which the license is sought.
(b) In determining whether the person
has demonstrated both competent evidence of sufficient rehabilitation and
present fitness to perform the relevant duties, the hiring or licensing
authority may be established by the production of consider:
(1) the person's most recent
certified copy of a United States Department of Defense form DD-214 showing the
person's honorable discharge, or separation under honorable conditions, from
the United States armed forces for military service rendered following conviction
for any crime that would otherwise disqualify the person from the public
employment sought or the occupation for which the license is sought, or:;
(1) (2) a copy of the local,
state, or federal release order;, and
(2) evidence showing that at least
one year has elapsed since release from any local, state, or federal
correctional institution without subsequent conviction of a crime;,
and evidence showing compliance with all terms and conditions of probation or
parole; or
(3) a copy of the relevant Department of
Corrections discharge order or other documents showing completion of probation
or parole supervision.;
(b) In addition to the documentary
evidence presented, the licensing or hiring authority shall consider any
evidence presented by the applicant regarding:
(1) (4) evidence regarding
the nature and seriousness of the crime or crimes for which the person was
convicted;
(2) (5) all circumstances
relative to the crime or crimes, including mitigating circumstances or social
conditions surrounding the commission of the crime or crimes;
(3) (6) the age of the
person at the time the crime or crimes were committed;
(4) (7) the length of time
elapsed since the crime or crimes were committed; and
(5) (8) all other competent
evidence of rehabilitation and present fitness presented, including, but not
limited to, proof that the person has completed a treatment program and
letters of reference by persons who have been in contact with the applicant
since the applicant's release from any local, state, or federal correctional
institution.
(c) The certified copy of a person's United States Department of Defense form DD-214 showing the person's honorable discharge or separation under honorable conditions from the United States armed forces ceases to qualify as competent evidence of sufficient rehabilitation for purposes of this section upon the person's conviction for any gross misdemeanor or felony committed by the person subsequent to the effective date of that honorable discharge or separation from military service.
364.05
NOTIFICATION UPON DENIAL OF EMPLOYMENT OR DISQUALIFICATION FROM OCCUPATION.
If a hiring or licensing authority denies an individual a position of public employment or disqualifies the individual from pursuing, practicing, or engaging in any occupation for which a license is required, solely or in part because of the individual's prior conviction of a crime, the hiring or licensing authority shall notify the individual in writing of the following:
(1) the grounds and reasons for the denial or disqualification;
(2) the applicable complaint and grievance procedure as set forth in section 364.06;
(3) the earliest date on which the person may reapply for a position of public employment or a license with a hiring or licensing authority; and
(4) that the hiring or licensing
authority will consider all competent evidence of rehabilitation presented will
be considered upon reapplication.
Sec. 59. Minnesota Statutes 2025 Supplement, section 388.23, subdivision 1, is amended to read:
Subdivision 1. Authority. (a) The county attorney, or any deputy or assistant county attorney whom the county attorney authorizes in writing, has the authority to subpoena and require the production of:
(1) any records of:
(i) telephone companies, cellular phone companies, paging companies, and subscribers of private computer networks including Internet service providers or computer bulletin board systems;
(ii) electric companies, gas companies, and water utilities;
(iii) chemical suppliers;
(iv) hotels and motels;
(v) pawn shops;
(vi) airlines, buses, taxis, and other entities engaged in the business of transporting people; and
(vii) freight companies, warehousing companies, self-service storage facilities, package delivery companies, and other entities engaged in the businesses of transport, storage, or delivery;
(2) books, papers, correspondence,
memoranda, agreements, and other documents or records related to a law
enforcement investigation of financial crimes and fraud, including but not
limited to fraud involving state funded or administered programs or services as
defined in section 299C.061, subdivision 1, paragraph (b), and insurance fraud
in violation of section 609.611;
(2) (3) records of the
existence of safe deposit box account numbers and customer savings and checking
account numbers maintained by financial institutions and safe deposit
companies;
(4) insurance
records relating to the monetary payment or settlement of claims;
(3)
(4) (5) the banking, credit
card, and financial records of a subject of an identity theft investigation or
a vulnerable adult, whether held in the name of the vulnerable adult or a third
party, including but not limited to safe deposit, loan and account applications
and agreements, signature cards, statements, checks, transfers, account
authorizations, safe deposit access records and documentation of fraud;
(5) (6) wage and employment
records of an applicant or recipient of public assistance who is the subject of
a welfare fraud investigation relating to eligibility information for public
assistance programs; and
(6) (7) any of the following
records of an employer or business entity who is the subject of or has
information related to a wage theft investigation:
(i) accounting and financial records such as books, registers, payrolls, banking records, credit card records, securities records, and records of money transfers;
(ii) records required to be kept pursuant to section 177.30, paragraph (a); and
(iii) other records that in any way relate to wages or other income paid, hours worked, and other conditions of employment of any employee or of work performed by persons identified as independent contractors, and records of any payments to contractors, and records of workers' compensation insurance.
(b) Subpoenas may only be issued for
records that are relevant to an ongoing legitimate law enforcement
investigation. Administrative subpoenas
may only be issued in wage theft, welfare fraud, and identity theft
cases, and cases related to a law enforcement investigation of financial
crimes and fraud if there is probable cause to believe a crime has been
committed.
(c) This subdivision applies only to the records of business entities and does not extend to private individuals or their dwellings.
(d) As used in this subdivision, "business entity" has the meaning given in section 308B.005.
Sec. 60. Minnesota Statutes 2024, section 518B.02, subdivision 2, is amended to read:
Subd. 2. Standards for domestic abuse counseling programs and domestic abuse educational programs. (a) Domestic abuse counseling or educational programs that provide group or class sessions for court-ordered domestic abuse offenders must provide documentation to the probation department or the court on program policies and how the program meets the criteria contained in paragraphs (b) to (l).
(b) Programs shall require offenders and abusing parties to attend a minimum of 24 sessions or 36 hours of programming, unless a probation agent has recommended fewer sessions. The documentation provided to the probation department or the court must specify the length of the program that offenders are required to complete.
(c) Programs must have a written policy requiring that counselors and facilitators report to the court and to the offender's probation or corrections officer any threats of violence made by the offender or abusing party, acts of violence by the offender or abusing party, violation of court orders by the offender or abusing party, and violation of program rules that resulted in the offender's or abusing party's termination from the program. Programs shall have written policies requiring that counselors and facilitators hold offenders and abusing parties solely responsible for their behavior.
Programs shall have written policies requiring that counselors and facilitators be violence free in their own lives.
(e) If the offender or abusing party is reported back to the court or is terminated from the program, the program shall notify the victim of the circumstances unless the victim requests otherwise.
(f) Programs shall require court-ordered offenders and abusing parties to sign a release of information authorizing communication regarding the offender's or abusing party's progress in the program to the court, the offender's probation or corrections officer, other providers, and the victim. The offender or abusing party may not enter the program if the offender does not sign a release.
(g) If a counselor or facilitator contacts the victim, the counselor or facilitator must not elicit any information that the victim does not want to provide. A counselor or facilitator who contacts a victim shall (1) notify the victim of the right not to provide any information, (2) notify the victim of how any information provided will be used and with whom it will be shared, and (3) obtain the victim's permission before eliciting information from the victim or sharing information with anyone other than staff of the counseling program.
Programs shall have written policies requiring that counselors and facilitators inform victims of the confidentiality of information as provided by this subdivision. Programs must maintain separate files for information pertaining to the offender or abusing party and to the victim.
If a counselor or facilitator contacts a victim, the counselor or facilitator shall provide the victim with referral information for support services.
(h) Programs shall have written policies forbidding program staff from disclosing any confidential communication made by the offender or abusing party without the consent of the offender or abusing party, except that programs must warn a potential victim of imminent danger based upon information provided by an offender or abusing party.
(i) The counseling program or educational program must provide services in a group setting, unless the offender or abusing party would be inappropriate in a group setting.
Programs must provide separate sessions for male and female offenders and abusing parties.
(j) Programs shall have written policies forbidding program staff from offering or referring marriage or couples counseling until the offender or abusing party has completed a domestic abuse counseling program or educational program for the minimum number of court-ordered sessions and the counselor or facilitator reasonably believes that the violence, intimidation, and coercion has ceased and the victim feels safe to participate.
(k) Programs must have written policies requiring that the counselor or facilitator report when the court-ordered offender or abusing party has completed the program to the court and the offender's probation or corrections officer.
(l) Programs must have written policies to
coordinate with the court, probation and corrections officers, battered
women's and domestic abuse programs, child protection services, and other
providers on promotion of victim safety and offender accountability.
Subd. 2. Minimum fines. Notwithstanding any other law, when a court sentences a person convicted of violating section 609.221, 609.222, 609.223, 609.2231, 609.224, 609.2242, 609.267, 609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it must impose a fine of not less than 30 percent of the maximum fine authorized by law nor more than the maximum fine authorized by law.
The court shall collect the portion of the fine mandated by this subdivision and forward 70 percent of it to a local victim assistance program that provides services locally in the county in which the crime was committed. The court shall forward the remaining 30 percent to the commissioner of management and budget to be credited to the general fund. If more than one victim assistance program serves the county in which the crime was committed, the court may designate on a case-by-case basis which program will receive the fine proceeds, giving consideration to the nature of the crime committed, the types of victims served by the program, and the funding needs of the program. If no victim assistance program serves that county, the court shall forward 100 percent of the fine proceeds to the commissioner of management and budget to be credited to the general fund. Fine proceeds received by a local victim assistance program must be used to provide direct services to crime victims.
The minimum fine required by this subdivision is in addition to the surcharge or assessment required by section 357.021, subdivision 6, and is in addition to any sentence of imprisonment or restitution imposed or ordered by the court.
As used in this subdivision, "victim
assistance program" means victim witness programs within county attorney
offices or any of the following programs:
crime victim crisis centers, victim-witness programs, domestic abuse victim
shelters and nonshelter programs, sexual assault programs, and children's
advocacy centers as defined in section 260E.02, subdivision 5.
Sec. 62. Minnesota Statutes 2024, section 609.133, subdivision 4, is amended to read:
Subd. 4. Petition; contents; fee. (a) A prosecutor's petition for sentence adjustment shall be filed in the district court where the individual was convicted and include the following:
(1) the full name of the individual on whose behalf the petition is being brought and, to the extent possible, all other legal names or aliases by which the individual has been known at any time;
(2) the individual's date of birth;
(3) the individual's address;
(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for the individual;
(5) the details of the offense for which an adjustment is sought, including:
(i) the date and jurisdiction of the occurrence;
(ii) either the names of any victims or
that there were no the number of identifiable victims;
(iii) whether there is a current order for protection, restraining order, or other no contact order prohibiting the individual from contacting the victims or whether there has ever been a prior order for protection or restraining order prohibiting the individual from contacting the victims;
(iv) the court file number; and
(6) what steps the individual has taken since the time of the offense toward personal rehabilitation, including treatment, work, good conduct within correctional facilities, or other personal history that demonstrates rehabilitation;
(7) the individual's criminal conviction record indicating all convictions for misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable convictions in any other state, federal court, or foreign country, whether the convictions occurred before or after the conviction for which an adjustment is sought;
(8) the individual's criminal charges record indicating all prior and pending criminal charges against the individual in this state or another jurisdiction, including all criminal charges that have been continued for dismissal, stayed for adjudication, or were the subject of pretrial diversion; and
(9) to the extent known, all prior requests by the individual, whether for the present offense or for any other offenses in this state or any other state or federal court, for pardon, return of arrest records, or expungement or sealing of a criminal record, whether granted or not, and all stays of adjudication or imposition of sentence involving the petitioner.
(b) The filing fee for a petition brought under this section shall be waived.
(c) Notwithstanding chapter 13 or any other statute related to the classification of government data, a supervising agent or the commissioner of corrections may provide private or confidential data to a prosecutor for purposes of a petition for sentence adjustment.
Sec. 63. Minnesota Statutes 2024, section 609.19, subdivision 2, is amended to read:
Subd. 2. Unintentional murders. Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being
without intent to effect the death of any person, while intentionally
inflicting or attempting to inflict bodily harm upon the victim, when the
perpetrator is restrained under an order for protection and the victim is a
person designated to receive protection under the order. As used in this clause, "order for
protection" includes an order for protection issued under chapter 518B; a
harassment restraining order issued under section 609.748; a court order
setting conditions of pretrial release or conditions of a criminal sentence or
juvenile court disposition; a restraining order issued in a marriage
dissolution action; and any order issued by a court of another state or of,
the United States, the District of Columbia, Tribal lands, United States
territories, Canada, or a Canadian province that is similar to any of these
orders.
EFFECTIVE
DATE. This section is
effective August 1, 2026, and applies to crimes committed on or after that
date.
Sec. 64. Minnesota Statutes 2025 Supplement, section 609.2334, subdivision 11, is amended to read:
Subd. 11. Copy to law enforcement agency; lead investigative agency. Within 24 hours of issuance of an order or continuance of an order under this section, the court administrator must forward the order for protection and any continuance of the order for protection to the local law enforcement agency with jurisdiction over the residence
EFFECTIVE
DATE. This section is
effective January 1, 2027.
Sec. 65. Minnesota Statutes 2024, section 609.27, subdivision 2, is amended to read:
Subd. 2. Sentence. (a) Whoever violates subdivision 1 may be sentenced as follows:
(1) to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both if neither the pecuniary gain received by the violator nor the loss suffered by the person threatened or another as a result of the threat exceeds $300, or the benefits received or harm sustained are not susceptible of pecuniary measurement; or
(2) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if such pecuniary gain or loss is more than $300 but less than $2,500; or
(3) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if such pecuniary gain or loss is $2,500, or more.
(b) A person who violates subdivision
1, clause (6), may be sentenced to imprisonment for not more than ten years, or
to payment of a fine of not more than $20,000, or both, if the violation is a
substantial factor in the victim suffering great bodily harm.
(c) A person who violates subdivision
1, clause (6), may be sentenced to imprisonment for not more than 15 years, or
to payment of a fine of not more than $30,000, or both, if the violation is a
substantial factor in the victim suffering death.
EFFECTIVE
DATE. This section is
effective August 1, 2026, and applies to crimes committed on or after that
date.
Sec. 66. Minnesota Statutes 2024, section 609.3471, is amended to read:
609.3471
RECORDS PERTAINING TO VICTIM IDENTITY CONFIDENTIAL.
Notwithstanding any provision of law to
the contrary, no data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section 609.322, 609.342,
609.343, 609.344, 609.345, 609.3453, or 609.3458, or 617.246,
which specifically identifies a victim who is a minor shall be accessible to
the public, except by order of the court.
Nothing in this section authorizes denial of access to any other data
contained in the records or reports, including the identity of the defendant.
Sec. 67. Minnesota Statutes 2024, section 609.522, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given.
(b) "Closed-loop gift card"
means a card, code, or device that is issued to a consumer on a prepaid basis
primarily for personal, family, or household purposes in a specified amount,
regardless of whether that amount may be increased or reloaded in exchange for
payment, and is redeemable upon presentation by a consumer at a single merchant
or group of affiliated merchants.
(c) "Gift
card" means a physical or digital closed-loop gift card or open-loop gift
card that is either activated or not activated.
(d) "Open-loop gift card"
means a card, code, or device that is issued to a consumer on a prepaid basis
primarily for personal, family, or household purposes in a specified amount,
regardless of whether that amount may be increased or reloaded in exchange for
payment, and is redeemable upon presentation at multiple unaffiliated merchants
for goods or services within the payment card network.
(b) (e) "Pattern of
retail theft" means acts committed or directed by the defendant on at
least two separate occasions in the preceding six months that would constitute
a violation of:
(1) section 609.52, subdivision 2, paragraph (a), clause (1), (3), or (4), involving retail merchandise;
(2) section 609.521;
(3) section 609.53, subdivision 1, involving retail merchandise;
(4) section 609.582 when the building was a retail establishment; or
(5) section 609.59.
(c) (f) "Retail
establishment" means the building where a retailer sells retail
merchandise.
(d) (g) "Retail
merchandise" means all forms of tangible property, without limitation,
held out for sale by a retailer and all gift cards.
(e) (h) "Retail theft
enterprise" means a group of two or more individuals with a shared goal
involving the unauthorized removal of retail merchandise from a retailer. Retail theft enterprise does not require the
membership of the enterprise to remain the same or that the same individuals
participate in each offense committed by the enterprise.
(f) (i) "Retailer"
means a person or entity that sells retail merchandise.
(g) (j) "Value"
means:
(1) in the case of property, the
retail market value at the time of the theft or, if the retail market value
cannot be ascertained, the cost of replacement of the property within a
reasonable time after the theft.; or
(2) in the case of a gift card, the
greatest amount of economic loss the owner of the property might reasonably
suffer, including but not limited to the full monetary face value or potential
value for variable-load gift cards.
Sec. 68. Minnesota Statutes 2024, section 609.522, subdivision 2, is amended to read:
Subd. 2. Organized retail theft. A person is guilty of organized retail theft if:
(1) the person is employed by or associated with a retail theft enterprise;
(2) the person has previously engaged in a pattern of retail theft and intentionally commits an act or directs another member of the retail theft enterprise to commit an act involving retail merchandise that would constitute a violation of:
(ii) section 609.53, subdivision 1; and
(3) the person or another member of the retail theft enterprise:
(i) resells or intends to resell the stolen retail merchandise;
(ii) advertises or displays any item of
the stolen retail merchandise for sale; or
(iii) returns any item of the stolen
retail merchandise to a retailer for anything of value.; or
(iv) tampers with the stolen retail
merchandise or its packaging for the purpose of obtaining anything of value
from the retailer or any retail customer.
EFFECTIVE
DATE. This section is
effective August 1, 2026, and applies to crimes committed on or after that
date.
Sec. 69. Minnesota Statutes 2024, section 609.527, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given them in this subdivision.
(b) "Direct victim" means any person or entity described in section 611A.01, paragraph (b), whose identity has been transferred, used, or possessed in violation of this section.
(c) "False pretense" means any false, fictitious, misleading, or fraudulent information or pretense or pretext depicting or including or deceptively similar to the name, logo, website address, email address, postal address, telephone number, or any other identifying information of a for-profit or not-for-profit business or organization or of a government agency, to which the user has no legitimate claim of right.
(d) "Financial institution" has the meaning given in section 13A.01, subdivision 2.
(e) "Forged digital likeness"
means any video recording, motion-picture film, sound recording, electronic
image, or photograph, or any technological representation of speech or conduct
substantially derivative thereof that:
(1) was created, adapted, altered, or
modified in a manner that was substantially dependent upon technical means;
(2) misrepresents the appearance,
speech, or conduct of the individual; and
(3) is so realistic that a reasonable
person would believe it depicts the image or speech of an actual individual.
(e) (f) "Identity"
means any name, voice or likeness, number, or data transmission that may
be used, alone or in conjunction with any other information, to identify a
specific individual or entity, including any of the following:
(1) a name, Social Security number, date of birth, official government-issued driver's license or identification number, government passport number, or employer or taxpayer identification number;
(2) a forged digital likeness;
(3) a
unique electronic identification number, address, account number, or routing
code; or
(2)
(3) (4) a telecommunication
identification information or access device.
(f) (g) "Indirect
victim" means any person or entity described in section 611A.01, paragraph
(b), other than a direct victim.
(g) (h) "Loss"
means value obtained, as defined in section 609.52, subdivision 1, clause (3),
and expenses incurred by a direct or indirect victim as a result of a violation
of this section.
(h) (i) "Unlawful
activity" means:
(1) any felony violation of the laws of this state or any felony violation of a similar law of another state or the United States; and
(2) any nonfelony violation of the laws of this state involving theft, theft by swindle, forgery, fraud, or giving false information to a public official, or any nonfelony violation of a similar law of another state or the United States.
(i) (j) "Scanning
device" means a scanner, reader, or any other electronic device that is
used to access, read, scan, obtain, memorize, or store, temporarily or
permanently, information encoded on a computer chip or magnetic strip or stripe
of a payment card, driver's license, or state-issued identification card.
(j) (k) "Reencoder"
means an electronic device that places encoded information from the computer
chip or magnetic strip or stripe of a payment card, driver's license, or
state-issued identification card, onto the computer chip or magnetic strip or
stripe of a different payment card, driver's license, or state-issued
identification card, or any electronic medium that allows an authorized
transaction to occur.
(k) (l) "Payment
card" means a credit card, charge card, debit card, or any other card
that:
(1) is issued to an authorized card user; and
(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or anything of value.
Sec. 70. Minnesota Statutes 2024, section 609.605, subdivision 2, is amended to read:
Subd. 2. Gross
misdemeanor. Whoever trespasses upon
the grounds of a facility providing emergency shelter services for battered
women domestic abuse victims, as defined under section 611A.31,
subdivision 3, or providing comparable services for sex trafficking victims, as
defined under section 609.321, subdivision 7b, or of a facility providing
transitional housing for battered women domestic abuse victims
and their children or sex trafficking victims and their children, without claim
of right or consent of one who has right to give consent, and refuses to depart
from the grounds of the facility on demand of one who has right to give
consent, is guilty of a gross misdemeanor.
Sec. 71. Minnesota Statutes 2024, section 609.7495, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purposes of this section, the
following terms have the meanings given them.
(a) "Facility" means any of the following:
(1) a hospital or other health institution licensed under sections 144.50 to 144.56;
(3) an agency, clinic, or office operated under the direction of or under contract with the commissioner of health or a community health board, as defined in section 145A.02;
(4) a facility providing counseling regarding options for medical services or recovery from an addiction;
(5) a facility providing emergency shelter
services for battered women domestic abuse victims, as defined in
section 611A.31, subdivision 3, or a facility providing transitional housing
for battered women domestic abuse victims and their children;
(6) a facility as defined in section 260E.03, subdivision 6;
(7) a facility as defined in section 626.5572, subdivision 6, where the services described in that paragraph are provided;
(8) a place to or from which ambulance service, as defined in section 144E.001, is provided or sought to be provided; and
(9) a hospice provider licensed under section 144A.753.
(b) "Aggrieved party" means a person whose access to or egress from a facility is obstructed in violation of subdivision 2, or the facility.
Sec. 72. Minnesota Statutes 2024, section 609A.015, subdivision 5, is amended to read:
Subd. 5. Bureau of Criminal Apprehension to identify eligible persons and grant expungement relief. (a) The Bureau of Criminal Apprehension shall identify any records that qualify for a grant of expungement relief pursuant to this subdivision or subdivision 1, 2, or 3. The Bureau of Criminal Apprehension shall make an initial determination of eligibility within 30 days of the end of the applicable waiting period. If a record is not eligible for a grant of expungement at the time of the initial determination, the Bureau of Criminal Apprehension shall make subsequent eligibility determinations annually until the record is eligible for a grant of expungement.
(b) In making the determination under paragraph (a), the Bureau of Criminal Apprehension shall identify individuals who are the subject of relevant records through the use of fingerprints and thumbprints where fingerprints and thumbprints are available. Where fingerprints and thumbprints are not available, the Bureau of Criminal Apprehension shall identify individuals through the use of the person's name and date of birth. Records containing the same name and date of birth shall be presumed to refer to the same individual unless other evidence establishes, by a preponderance of the evidence, that they do not refer to the same individual. The Bureau of Criminal Apprehension is not required to review any other evidence in making a determination.
(c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying persons and seal its own records without requiring an application, petition, or motion. Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional information establishes that the records are not eligible for expungement.
(d) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension and subject to a grant of expungement relief shall display a notation stating "expungement relief granted pursuant to section 609A.015."
(f) If the Bureau of Criminal
Apprehension subsequently determines that a sealed record did not qualify for
expungement relief under this section, the Bureau of Criminal Apprehension
shall unseal the record and notify the judicial branch. Upon notification, the judicial branch shall
unseal all records relating to an arrest, indictment or information, trial,
verdict, or dismissal and discharge. The
Bureau of Criminal Apprehension shall make this determination based only on a
record stored in the Bureau of Criminal Apprehension's criminal history system.
(f) (g) The Bureau of
Criminal Apprehension shall inform each law enforcement agency that its records
may be affected by a grant of expungement relief. Notification may be through electronic means. Each notified law enforcement agency that
receives a request to produce records shall first determine if the records were
subject to a grant of expungement under this section. The law enforcement agency must not disclose
records relating to an arrest, indictment or information, trial, verdict, or
dismissal and discharge for any case in which expungement relief was granted
and must maintain the data consistent with the classification in paragraph (g)
(h). This paragraph does not
apply to requests from a criminal justice agency as defined in section 609A.03,
subdivision 7a, paragraph (f).
(g) (h) Data on the person
whose offense has been expunged under this subdivision, including any notice
sent pursuant to paragraph (f) (g), are private data on
individuals as defined in section 13.02, subdivision 12.
(h) (i) The prosecuting
attorney shall notify the victim that an offense qualifies for automatic
expungement under this section in the manner provided in section 611A.03,
subdivisions 1 and 2.
(i) (j) In any subsequent
prosecution of a person granted expungement relief, the expunged criminal
record may be pleaded and has the same effect as if the relief had not been
granted.
(j) (k) The Bureau of
Criminal Apprehension is directed to develop, modify, or update a system to
provide criminal justice agencies with uniform statewide access to criminal
records sealed by expungement.
Sec. 73. Minnesota Statutes 2024, section 611A.03, subdivision 1, is amended to read:
Subdivision 1. Plea agreements; notification of victim. Prior to the entry of the factual basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall make a reasonable and good faith effort to inform the victim of:
(1) the contents of the plea agreement recommendation, including the amount of time recommended for the defendant to serve in jail or prison if the court accepts the agreement;
(2) the right to be present at the
sentencing hearing and, to be present at the hearing during which
the plea is presented to the court, and to express at the plea
hearing orally or in writing, at the victim's option, any objection to the
agreement or to the proposed disposition.
If the victim is not present when the court considers the
recommendation, but has communicated objections to the prosecuting attorney,
the prosecuting attorney shall make these objections known to the court; and
(3) the eligibility of the offense
for automatic expungement pursuant to section 609A.015 of any offense
pleaded to or dismissed as part of the plea agreement.
Subd. 4. Plea
hearing. At the hearing
during which the plea is presented to the court, the court shall ask the
prosecutor if the victim has been notified of the plea agreement recommendation
pursuant to this section, has been notified of the plea hearing, and if the
victim wishes to express their objections to the plea agreement orally, in
writing, or through the prosecutor.
Sec. 75. Minnesota Statutes 2024, section 611A.0311, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.
(b) "Domestic abuse case" means a prosecution for:
(1) a crime that involves domestic abuse;
(2) violation of a condition of release
following an arrest for a crime that involves domestic abuse; or
(3) violation of a domestic abuse order
for protection issued pursuant to section 518B.01;
(4) violation of a harassment
restraining order issued pursuant to section 609.748 committed against a family
or household member by a family or household member;
(5) harassment or stalking within the
meaning of section 609.749 committed against a family or household member by a
family or household member; or
(6) violation of a domestic abuse no contact order issued pursuant to section 629.75.
Sec. 76. Minnesota Statutes 2024, section 611A.036, subdivision 7, is amended to read:
Subd. 7. Definition. As used in this section, "violent crime" means a violation or attempt to violate any of the following: section 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.247 (carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282 (labor trafficking); 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.3458 (sexual extortion); 609.352 (solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1 (arson in the first degree; dwelling);
Sec. 77. Minnesota Statutes 2024, section 611A.038, is amended to read:
611A.038
RIGHT TO SUBMIT STATEMENT AT SENTENCING.
(a) A victim has the right to submit an impact statement to the court at the time of sentencing or disposition hearing. The impact statement may be presented to the court orally or in writing, at the victim's option. If the victim requests, the prosecutor or the prosecutor's designee must orally present the statement to the court. Statements may include the following, subject to reasonable limitations as to time and length:
(1) a summary of the harm or trauma suffered by the victim as a result of the crime;
(2) a summary of the economic loss or damage suffered by the victim as a result of the crime; and
(3) a victim's reaction to the proposed sentence or disposition.
(b) At the sentencing or disposition
hearing, the court shall ask the prosecutor if the victim has been notified of
the hearing, if the victim is in court, and if the victim wishes to submit a
victim impact statement orally, in writing, or through the prosecutor or the
prosecutor's designee.
(b) (c) A representative of
the community affected by the crime may submit an impact statement in the same
manner that a victim may as provided in paragraph (a). This impact statement shall describe the
adverse social or economic effects the offense has had on persons residing and
businesses operating in the community where the offense occurred.
(c) (d) If the court permits
the defendant or anyone speaking on the defendant's behalf to present a
statement to the court, the court shall limit the response to factual issues
which are relevant to sentencing.
(d) (e) Nothing in this
section shall be construed to extend the defendant's right to address the court
under section 631.20.
Sec. 78. Minnesota Statutes 2024, section 611A.039, subdivision 1, is amended to read:
Subdivision 1. Notice
required. (a) Except as otherwise
provided in subdivision 2, within 15 working days after a conviction,
acquittal, or dismissal in a criminal case in which there is an identifiable
crime victim, the prosecutor shall make reasonable good faith efforts to
provide to each affected crime victim oral or written notice of the final
disposition of the case and, of the victim rights under section
611A.06, and of the eligibility of the offense for automatic expungement
under section 609A.015 of any offense that was dismissed or for which the
defendant was convicted or acquitted.
When the court is considering modifying the sentence for a felony or a
crime of violence or an attempted crime of violence, the prosecutor shall make
a reasonable and good faith effort to notify the victim of the crime. The notice must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person to contact for additional information; and
(b) The Office of Justice Programs in the Department of Public Safety shall develop and update a model notice of postconviction rights under this subdivision and section 611A.06.
(c) As used in this section:
(1) "crime of violence" has the meaning given in section 624.712, subdivision 5, and also includes violations of section 609.3458, gross misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749; and
(2) "victim" has the meaning given in section 611A.01, paragraph (b).
Sec. 79. Minnesota Statutes 2024, section 611A.31, subdivision 5, is amended to read:
Subd. 5. Commissioner. "Commissioner" means the
commissioner of the Department of Corrections Public Safety or a
designee.
Sec. 80. [626.5537]
DOMESTIC ABUSE; REPORTING.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Domestic abuse" has the
meaning given in section 518B.01, subdivision 2, paragraph (a), and also
includes the following, if committed against a family or household member by a
family or household member:
(1) violation of an order for
protection within the meaning of section 518B.01, subdivision 14;
(2) violation of a harassment
restraining order within the meaning of section 609.748, subdivision 6;
(3) harassment or stalking within the
meaning of section 609.749; and
(4) violation of a domestic abuse no
contact order within the meaning of section 629.75, subdivision 2.
(c) "Family or household
member" has the meaning given in section 518B.01, subdivision 2, paragraph
(b).
Subd. 2. Collection
of information; reporting. The
head of a local law enforcement agency or state law enforcement department that
employs peace officers, as defined in section 626.84, subdivision 1, paragraph
(c), must report every incident a peace officer reasonably believes, or a
victim alleges, constitutes an act of domestic abuse to the commissioner of
public safety by January 15 each year. The
superintendent of the Bureau of Criminal Apprehension must adopt a reporting
form to be used by law enforcement agencies in making the reports required
under this section. The reports must
include all of the following for each incident:
(1) the date of the incident;
(2) the location of the incident;
(3) the crime suspected to have been
committed;
(4) whether the response began as a
call for service alleging an act of domestic abuse;
(5) the perceived gender of the alleged victim and
suspect;
(6) the perceived
race of the alleged victim and suspect;
(7) whether a suspect was arrested at
the time of the incident;
(8) whether a suspect was arrested at a
later date and, if so, the time between the incident and the arrest;
(9) whether the alleged victim was
arrested at the time of the incident and, if so, any alleged crime that formed
the basis for the arrest;
(10) whether the alleged offender
possessed, or was reported to possess, a firearm at the time of the incident;
(11) whether the case was referred for
prosecution;
(12) whether the determination that the
incident constituted an act of domestic abuse was based on an officer's
reasonable belief, the victim's allegation, or both; and
(13) any additional information the
superintendent deems necessary for the acquisition of accurate and relevant
data.
Subd. 3. Annual
report. The commissioner of
public safety must summarize and analyze the information received under
subdivision 2 and provide an annual report to the chairs and ranking minority
members of the legislative committees with jurisdiction over public safety. The annual report may be included in the
department's annual uniform crime report.
EFFECTIVE
DATE. This section is
effective January 1, 2028.
Sec. 81. [626.745]
USE OF CHEMICAL IRRITANTS; DISCLOSURE REQUIRED.
Subdivision 1. Definition. For purposes of this section,
"building" has the meaning given in section 609.581, subdivision 2.
Subd. 2. Notice
of use; identification of products deployed. (a) Notwithstanding any data
classification under chapter 13, a peace officer, law enforcement agency, and
local unit of government must provide information about the use of any chemical
irritant, smoke screen, or diversionary device deployed within a building as
required under this section.
(b) A peace officer from a law
enforcement agency that deploys a chemical irritant within a building, or an
officer from the lead law enforcement agency if officers from multiple agencies
deploy chemical irritants, must provide notice of the deployment to the owner
of the building and, if the building is a private residence, the occupant of
the residence. If the building contains
two or more dwelling units, the peace officer must notify the occupant of any
unit in which a chemical irritant was deployed.
A peace officer may notify the occupant of any other unit. A peace officer may provide notice by giving
a building owner or occupant the standard form created by the commissioner of
public safety, leaving the form in a place where it is likely to be seen by a
building owner or occupant, or providing the information contained in the form
orally or in another format.
(c) Upon request, the law enforcement
agency or local government unit that employs a peace officer who deployed a
chemical irritant, smoke screen, or diversionary device within a building must
disclose information about the products deployed to:
(1) the building owner;
(2) any tenant in the
building;
(3) any applicable insurer; and
(4) any person retained to provide
cleaning or other remediation services related to the deployment of chemical
irritants, smoke screens, or diversionary devices.
(d) Information about any products
deployed within a building must include the name, product number, and total
number of all chemical irritants, smoke screens, and diversionary devices
deployed by a peace officer employed by the law enforcement agency or local
government unit.
(e) If officers from multiple law
enforcement agencies deployed chemical irritants, smoke screens, or
diversionary devices, the lead law enforcement agency must identify the other
law enforcement agencies involved when responding to a request described in
paragraph (c).
Subd. 3. Standard
form. (a) The commissioner of
public safety must create a standard notification form for use by peace
officers and law enforcement agencies. At
a minimum, the form must state that:
(1) a chemical irritant was deployed
within the building;
(2) specialized cleanup or treatment of
the building may be appropriate; and
(3) the building owner or occupant may
contact the law enforcement agency or local government unit that employs the
peace officer for more information about what substance was deployed in the
building.
(b) The commissioner must provide the
standard form to law enforcement agencies and local government units upon
request and at no cost.
Sec. 82. Minnesota Statutes 2025 Supplement, section 628.26, is amended to read:
628.26
LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for a violation of section 609.561 shall be found or made and filed in the proper court within ten years after the commission of the offense.
(g) Indictments or
complaints for violation of chapter 80A, or a rule adopted or order issued
under that chapter, made as provided in section 80A.75 or for violation of
section 508.80; 609.465; 609.52, subdivision 2, paragraph (a), clause (4);
609.53; or 609.645 shall be found or made and filed in the proper court within
seven years after the commission of the offense.
(g) (h) Indictments or
complaints for violation of sections 609.466 and 609.52, subdivision 2,
paragraph (a), clause (3), item (iii), shall be found or made and filed in the
proper court within six years after the commission of the offense.
(h) (i) Indictments or
complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph
(a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821,
where the value of the property or services stolen is more than $35,000, or for
violation of section 609.527 where the offense involves eight or more direct
victims or the total combined loss to the direct and indirect victims is more
than $35,000, shall be found or made and filed in the proper court within five
years after the commission of the offense.
(i) (j) Except for
violations relating to false material statements, representations or omissions,
indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of
the offense.
(j) (k) Indictments or
complaints for violation of sections 609.562 and 609.563, shall be found or
made and filed in the proper court within five years after the commission of
the offense.
(k) (l) Indictments or
complaints for violation of section 609.746 shall be found or made and filed in
the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement
authorities.
(l) (m) In all other cases,
indictments or complaints shall be found or made and filed in the proper court
within three years after the commission of the offense.
(m) (n) The limitations
periods contained in this section shall exclude any period of time during which
the defendant was not an inhabitant of or usually resident within this state.
(n) (o) The limitations
periods contained in this section for an offense shall not include any period
during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
(o) (p) The limitations
periods contained in this section shall not include any period of time during
which physical evidence relating to the offense was undergoing DNA analysis, as
defined in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the DNA analysis
process in order to gain an unfair advantage.
EFFECTIVE
DATE. This section is
effective August 1, 2026, and applies to crimes committed on or after that date
and to crimes committed before that date if the limitations period for the
crime did not expire before August 1, 2026.
Sec. 83. Minnesota Statutes 2024, section 629.341, subdivision 1, is amended to read:
Subdivision 1. Arrest;
referral for prosecution. (a)
Notwithstanding section 629.34 or any other law or rule, a peace officer may
arrest a person anywhere without a warrant, including at the person's
residence, if the peace officer has probable cause to believe that within the
preceding 72 hours 28 days, exclusive of the day probable cause
was established, the person has committed nonfelony domestic abuse, as defined
in section 518B.01, subdivision 2. The
arrest may be made even though the assault did not take place in the presence
of the peace officer.
(b) If a peace
officer has probable cause to believe that a person has committed any act that
constitutes harassing or stalking any person in violation of section 609.749;
domestic abuse as defined in section 518B.01, subdivision 2; violation of an
order for protection as described in section 518B.01, subdivision 14; or
violation of a domestic abuse no contact order as described in section 629.75
and the person was not arrested, the peace officer should seek a warrant from a
judge for the person's arrest without undue delay. A warrant issued under this paragraph is not
subject to the limitations described in section 629.31.
Sec. 84. Minnesota Statutes 2024, section 629.341, subdivision 4, is amended to read:
Subd. 4. Report
required. (a) Whenever a
peace officer investigates an allegation that an incident described in
subdivision 1 has occurred, whether or not an arrest is made, a person
has committed a qualified domestic violence‑related offense and the victim is a
family or household member, the officer shall make a written police report
of the alleged incident regardless of whether an arrest is made. The report must contain at least the
following information: the name, address
and telephone number of the victim, if provided by the victim, a statement as
to whether an arrest occurred, the name of the arrested person, and a brief
summary of the incident. Data that
identify a victim who has made a request under section 13.82, subdivision 17,
paragraph (d), and that are private data under that subdivision, shall be
private in the report required by this section.
A copy of this report must be provided upon request, at no cost, to the
victim of domestic abuse, the victim's attorney, or organizations designated by
the Office of Justice Programs in the Department of Public Safety that are
providing services to victims of domestic abuse. The officer shall submit the report to the
officer's supervisor or other person to whom the employer's rules or policies
require reports of similar allegations of criminal activity to be made.
(b) As used in this subdivision:
(1) "qualified domestic
violence-related offense" has the meaning given in section 609.02,
subdivision 16; and
(2) "family or household
member" has the meaning given in section 518B.01, subdivision 2, paragraph
(b).
Sec. 85. Minnesota Statutes 2024, section 629.72, subdivision 1a, is amended to read:
Subd. 1a. Detention in lieu of citation; release. (a) Notwithstanding any other law or rule, an arresting officer may not issue a citation in lieu of arrest and detention to an individual charged with harassing or stalking, domestic abuse, violation of an order for protection, or violation of a domestic abuse no contact order.
(b) Notwithstanding any other law or rule,
an individual who is arrested on a charge of harassing or stalking any person,
domestic abuse, violation of an order for protection, or violation of a
domestic abuse no contact order, must be brought to the police station or
county jail. An individual who is
arrested on a charge of violation of an order for protection or violation of a
domestic abuse no contact order must be detained until the person's first court
appearance as required under sections 518B.01, subdivision 14, paragraph (e),
and 629.75, subdivision 3. The
officer in charge of the police station or the county sheriff in charge of the
jail shall issue a citation in lieu of continued detention for a charge of
harassing or stalking any person or for domestic abuse unless it reasonably
appears to the officer or sheriff that release of the person (1) poses a threat
to the alleged victim or another family or household member, (2) poses a threat
to public safety, or (3) involves a substantial likelihood the arrested person
will fail to appear at subsequent proceedings.
In determining if the person poses a threat to the alleged victim or
another family or household member, the officer in charge of the police station
or the county sheriff in charge of the jail must consider the person's history
of domestic violence, including but not limited to:
(i) any previous arrest or conviction
for harassing or stalking any person, domestic abuse, violation of an order for
protection, or violation of a domestic abuse no contact order;
(ii) any order for
protection, harassment restraining order, or domestic abuse no contact order in
which the person was identified as the subject of the order; and
(iii) any pending petitions for an
order for protection or a harassment restraining order in which the person is a
respondent.
(c) If the arrested person is not issued a citation by the officer in charge of the police station or the county sheriff, the arrested person must be brought before the nearest available judge of the district court in the county in which the alleged harassing or stalking, domestic abuse, violation of an order for protection, or violation of a domestic abuse no contact order took place without unnecessary delay as provided by court rule.
Sec. 86. Minnesota Statutes 2024, section 629.72, subdivision 2, is amended to read:
Subd. 2. Judicial
review; release; bail. (a) The judge
before whom the arrested person is brought shall review the facts surrounding
the arrest and detention of a person arrested for domestic abuse, harassing or
stalking, violation of an order for protection, or violation of a domestic
abuse no contact order. The prosecutor
or prosecutor's designee shall present relevant information involving the
victim's or the victim's family's account of the alleged crime to the judge to
be considered in determining the arrested person's release. If the person was arrested for violation
of an order for protection or violation of a domestic abuse no contact order,
the prosecutor or prosecutor's designee must describe the allegations in the
underlying petition or criminal case. The
prosecutor or prosecutor's designee may present information and bail
recommendations in person or by filing it with the court through the
appropriate electronic filing system.
In making a decision concerning pretrial release conditions of a person
arrested for domestic abuse, harassing or stalking, violation of an order for
protection, or violation of a domestic abuse no contact order, the judge shall
review the facts of the arrest and detention of the person and the relevant
information presented or filed by the prosecutor or prosecutor's designee
and determine whether: (1) release of
the person poses a threat to the alleged victim, another family or household
member, or public safety; or (2) there is a substantial likelihood the person
will fail to appear at subsequent proceedings.
Before releasing a person arrested for or charged with a crime of
domestic abuse, harassing or stalking, violation of an order for protection, or
violation of a domestic abuse no contact order, the judge shall make findings
on the record, to the extent possible, concerning the determination made in
accordance with the factors specified in clauses (1) and (2). The findings should describe whether the
person:
(i) was previously arrested for, or
convicted of, harassing or stalking any person, domestic abuse, violation of an
order for protection, or violation of a domestic abuse no contact order;
(ii) has ever been the subject of an
order for protection, harassment restraining order, or domestic abuse no
contact order and, if so, the nature of the allegations or charges that gave
rise to the order; and
(iii) is the respondent in any pending
petition for an order for protection or harassment restraining order and, if
so, the nature of the allegations in any petition.
(b) The judge may impose conditions of release or bail, or both, on the person to protect the alleged victim or other family or household members and to ensure the appearance of the person at subsequent proceedings. These conditions may include an order:
(1) enjoining the person from threatening to commit or committing acts of domestic abuse or harassing or stalking against the alleged victim or other family or household members or from violating an order for protection or a domestic abuse no contact order;
(2) prohibiting the person from harassing, annoying, telephoning, contacting, or otherwise communicating with the alleged victim, either directly or indirectly;
(4) prohibiting the person from possessing a firearm or other weapon specified by the court;
(5) prohibiting the person from possessing or consuming alcohol or controlled substances; and
(6) specifying any other matter required to protect the safety of the alleged victim and to ensure the appearance of the person at subsequent proceedings.
(c) If conditions of release are imposed, the judge shall issue a written order for conditional release. The court administrator shall immediately distribute a copy of the order for conditional release to the agency having custody of the arrested person and shall provide the agency having custody of the arrested person with any available information on the location of the victim in a manner that protects the victim's safety. Either the court or its designee or the agency having custody of the arrested person shall serve upon the defendant a copy of the order. Failure to serve the arrested person with a copy of the order for conditional release does not invalidate the conditions of release.
(d) If the judge imposes as a condition of release a requirement that the person have no contact with the alleged victim, the judge may also, on its own motion or that of the prosecutor or on request of the victim, issue an ex parte temporary restraining order under section 609.748, subdivision 4, or an ex parte temporary order for protection under section 518B.01, subdivision 7. Notwithstanding section 518B.01, subdivision 7, paragraph (b), or 609.748, subdivision 4, paragraph (c), the temporary order is effective until the defendant is convicted or acquitted, or the charge is dismissed, provided that upon request the defendant is entitled to a full hearing on the restraining order under section 609.748, subdivision 5, or on the order for protection under section 518B.01. The hearing must be held within seven days of the defendant's request.
Sec. 87. Minnesota Statutes 2024, section 629.72, subdivision 2a, is amended to read:
Subd. 2a. Electronic monitoring; condition of pretrial release. (a) Until the commissioner of corrections has adopted standards governing electronic monitoring devices used to protect victims of domestic abuse, the court, as a condition of release, may not order a person arrested for a crime described in section 609.135, subdivision 5a, paragraph (b), to use an electronic monitoring device to protect a victim's safety.
(b) Notwithstanding paragraph (a), the
chief judge of a judicial district may appoint and convene an advisory group
comprised of representatives from law enforcement, prosecutors, defense
attorneys, corrections, court administrators, judges, and battered women's
domestic abuse organizations to develop standards for the use of
electronic monitoring and global positioning system devices to protect victims
of domestic abuse and for evaluating the effectiveness of electronic monitoring. After the advisory group does this, the chief
judge, in consultation with the advisory group, may conduct a pilot project for
implementation of the electronic monitoring standards. A judicial district that conducts a pilot
project shall report on the standards and the pilot project to the chairs and
ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice policy and the state court
administrator's office.
Sec. 88. RULEMAKING;
DEPARTMENT OF CORRECTIONS; LICENSED JUVENILE FACILITIES.
Subdivision 1. Administrative
and medical separation. (a)
The notification requirements in this subdivision apply to juvenile facilities
licensed by the commissioner of corrections under Minnesota Statutes, sections
241.011 to 241.013.
(b) A facility's
chief administrator must notify the commissioner according to Minnesota Rules,
part 2960.0270, subpart 12, if a resident is expected to be, or has been, in
administrative or medical separation for more than seven days.
(c) The notification under paragraph
(b) must be within ten days of the resident's placement, or expected placement,
in administrative separation or medical separation for more than seven days.
(d) This subdivision expires when the
rules adopted under subdivision 2 are effective.
Subd. 2. Rulemaking. (a) The commissioner of corrections
must amend Minnesota Rules, parts 2960.0740, subpart 3, and 2960.0750, subpart
3, to require notification according to subdivision 1, paragraphs (b) and (c).
(b) The commissioner may use the good
cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause
(3), to adopt rules under this subdivision.
(c) Notwithstanding Minnesota Laws
1995, chapter 226, article 3, sections 50, 51, and 60, or any other law to the
contrary, the joint rulemaking authority with the commissioners of the
Department of Human Services and other state agencies does not apply to rules
adopted under this subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 89. REVISOR
INSTRUCTION.
(a) The revisor of statutes must
renumber each section of Minnesota Statutes listed in column A with the number
listed in column B.
|
|
Column A |
Column B |
|
|
241.021, subdivision 4 |
241.74, subdivision 1 |
|
|
241.021, subdivision 4a |
241.39 |
|
|
241.021, subdivision 4b |
241.74, subdivision 2,
paragraph (a) |
|
|
241.021, subdivision 4c |
241.74, subdivision 2,
paragraph (b) |
|
|
241.021, subdivision 4d |
241.74, subdivision 3 |
|
|
241.021, subdivision 4e |
241.254 |
(b) As a result of amendments to
Minnesota Statutes, sections 241.011 to 241.021, the revisor of statutes must
work with the Department of Corrections to correct cross-references in
Minnesota Statutes and Minnesota Rules and make other necessary grammatical and
technical changes.
Sec. 90. REVISOR
INSTRUCTION.
The revisor of statutes must change the
term "battered women" to "domestic abuse victims" or a
similar term wherever the term or similar terms appear in Minnesota Statutes. The revisor must make any necessary
grammatical changes or changes to sentence structure necessary to preserve the
meaning of the text as a result of the changes.
Sec. 91. REPEALER.
(a) Minnesota Statutes 2024, sections
241.021, subdivisions 1g, 1h, 2a, 2b, 3, and 6; 299C.12; and 629.72,
subdivision 3, are repealed.
(b) Minnesota Statutes 2025 Supplement, section 241.021,
subdivision 2, is repealed."
"A bill for an act relating to public safety; providing policy for public safety, correctional facilities, investigations, Department of Public Safety data, controlled substances, crime victims, orders for protection, private detective and protective agent licensure, employment disqualifications, sentence adjustments, expungement relief, domestic abuse-related crimes and data, use of chemical irritants, and crimes of coercion, retail theft, identity theft, and fraud; providing for reimbursements; replacing the term "battered women" in statute where it appears; providing criminal penalties; requiring reports; requiring rulemaking; amending Minnesota Statutes 2024, sections 8.16, subdivision 1; 12.221, subdivision 6; 13.69, subdivision 1; 13.6905, by adding subdivisions; 13.871, subdivision 5; 116L.362, subdivision 1; 119A.37, subdivision 4; 142G.12, subdivision 2; 142G.53; 152.027, subdivision 7; 203B.06, subdivision 3; 203B.11, subdivision 1; 241.021, subdivisions 1f, 1i, 4a; 241.69, subdivisions 1, 3, 4, 5, 6; 256D.02, subdivision 12a; 256G.02, subdivision 6; 257.75, subdivision 6; 260E.02, subdivision 1; 299A.85, subdivision 4; 299A.90, subdivision 3; 299C.05; 299C.065, subdivisions 1, 1a, 2, 3, 3a; 299C.46, subdivision 6; 326.32, subdivisions 8, 10, 10a, 10c, 12; 326.33, subdivision 1; 326.3381, subdivisions 2, 4; 326.3382, subdivisions 1, 4; 326.3385, subdivision 2; 326.3386, subdivision 3; 364.03, subdivision 3; 364.05; 518B.02, subdivision 2; 609.133, subdivision 4; 609.19, subdivision 2; 609.27, subdivision 2; 609.3471; 609.522, subdivisions 1, 2; 609.527, subdivision 1; 609.605, subdivision 2; 609.7495, subdivision 1; 609A.015, subdivision 5; 611A.03, subdivision 1, by adding a subdivision; 611A.0311, subdivision 1; 611A.036, subdivision 7; 611A.038; 611A.039, subdivision 1; 611A.31, subdivision 5; 629.341, subdivisions 1, 4; 629.72, subdivisions 1a, 2, 2a; Minnesota Statutes 2025 Supplement, sections 120B.22, subdivision 1; 201.061, subdivision 3; 241.021, subdivision 1; 244.46, subdivision 1; 256G.03, subdivision 2; 299C.80, subdivision 6; 388.23, subdivision 1; 609.101, subdivision 2; 609.2334, subdivision 11; 628.26; proposing coding for new law in Minnesota Statutes, chapters 241; 626; repealing Minnesota Statutes 2024, sections 241.021, subdivisions 1g, 1h, 2a, 2b, 3, 6; 299C.12; 629.72, subdivision 3; Minnesota Statutes 2025 Supplement, section 241.021, subdivision 2."
The
motion prevailed and the amendment was adopted.
Novotny moved to amend S. F. No. 4760, the second engrossment, as amended, as follows:
Page 50, after line 2, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
Page 50, after line 15, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment."
The
motion prevailed and the amendment was adopted.
Lee, F., moved to amend S. F. No. 4760, the second engrossment, as amended, as follows:
Page 44, after line 23, insert:
"Sec. 44. Minnesota Statutes 2025 Supplement, section 299C.76, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the following definitions apply.
(c) "IRS Publication 1075" means Internal Revenue Service Publication 1075 that provides guidance and requirements for the protection and confidentiality of federal tax information as required in section 6103(p)(4) of the Internal Revenue Code.
(d) "National criminal history record information" means the Federal Bureau of Investigation identification records as defined in Code of Federal Regulations, title 28, section 20.3(d).
(e) "Requesting agency" means the Department of Revenue; Department of Employment and Economic Development; Department of Human Services; Department of Children, Youth, and Families; board of directors of MNsure; Department of Information Technology Services; attorney general; Office of the Legislative Auditor; and counties."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Witte moved to amend S. F. No. 4760, the second engrossment, as amended, as follows:
Page 32, after line 13, insert:
"Sec. 24. Minnesota Statutes 2025 Supplement, section 241.021, subdivision 4f, is amended to read:
Subd. 4f. Provision
of medications in correctional facilities.
(a) Correctional facilities licensed by the commissioner shall
administer to confined and incarcerated persons the same medications prescribed
to those individuals prior to their confinement or incarceration upon such
prescriptions being verified as current and valid by the correctional facility
based on information reasonably available to the facility's staff at the time
of intake and documented in the person's medical records. A facility must make a reasonable attempt
to verify a prescription as current and valid and staff must document their
efforts to verify the prescription. A
reasonable attempt will be considered to have been made if a licensed health
care professional or facility staff seeks to confirm the prescription through
one or more reliable sources, including but not limited to the confined or
incarcerated person, prescription records, pharmacies, health care providers,
or prescription monitoring programs.
(b) Unless a confined or incarcerated person is subject to a Jarvis order, which is an order issued under section 253B.092, subdivision 8, that dictates otherwise, paragraph (a) does not apply when:
(1) a licensed health care professional
determines, after consulting making reasonable efforts to consult
with the licensed health care professional who prescribed the
medication, that the prescribed medication is not medically appropriate for the
person based on the person's current medical condition or status;
(2) a licensed health care professional
determines a that the medication should be changed to a
different medication available to treat the condition that is at least as
effective as the current medication the person is prescribed is available to
treat the condition and the licensed health care professional who prescribed
the current medication approves the change in medications and reasonable
attempts were made to consult the health care professional who prescribed the
medication; or
(4) the person provides written
notice to informs the licensed health care professional who is
responsible for inmate health care at the correctional facility or the
licensed health care professional's designee that the person no longer
desires to take the medication and the decision is documented in the
person's medical records.
(c) As used in this subdivision, "licensed health care professional" means a physician licensed under chapter 147, physician assistant licensed under chapter 147A, or advanced practice registered nurse as defined in section 148.171, subdivision 3."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Duran moved to amend S. F. No. 4760, the second engrossment, as amended, as follows:
Page 37, after line 10, insert:
"Sec. 34. Minnesota Statutes 2024, section 260B.007, subdivision 6, is amended to read:
Subd. 6. Delinquent child. (a) Except as otherwise provided in paragraphs (b), (c), and (d), "delinquent child" means a child:
(1) who has violated any state or local law, except as provided in section 260B.225, subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;
(2) who has violated a federal law or a law of another state and whose case has been referred to the juvenile court if the violation would be an act of delinquency if committed in this state or a crime or offense if committed by an adult;
(3) who has escaped from confinement to a state juvenile correctional facility after being committed to the custody of the commissioner of corrections; or
(4) who has escaped from confinement to a local juvenile correctional facility after being committed to the facility by the court.
(b) The term delinquent child does not include a child alleged to have committed murder in the first degree after becoming 16 years of age, but the term delinquent child does include a child alleged to have committed attempted murder in the first degree.
(c) The term delinquent child does not include a child alleged to have engaged in conduct which would, if committed by an adult, violate any federal, state, or local law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct.
EFFECTIVE
DATE. This section is
effective August 1, 2026.
Sec. 35. Minnesota Statutes 2024, section 260C.007, subdivision 6, is amended to read:
Subd. 6. Child in need of protection or services. "Child in need of protection or services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from an infant with a disability with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian. A child is not considered to be without proper parental care based solely on the disability of the child's parent, guardian, or custodian;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;
(11) is a sexually exploited youth;
(12) is a labor trafficked youth;
(13) has committed a delinquent act or a juvenile petty offense before becoming ten years old. This clause expires July 31, 2026;
(14) is a runaway;
(15) is a habitual truant;
(16) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense;
(17) has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child; or
(18) effective August 1, 2026 2027,
has committed a delinquent act or a juvenile petty offense before becoming 13
years old.
EFFECTIVE DATE. This section is effective August 1, 2026."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Duran
amendment and the roll was called. There
were 66 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The
motion did not prevail and the amendment was not adopted.
Duran moved to amend S. F. No. 4760, the second engrossment, as amended, as follows:
Page 37, after line 10, insert:
"Sec. 34. Minnesota Statutes 2024, section 260B.007, subdivision 6, is amended to read:
Subd. 6. Delinquent child. (a) Except as otherwise provided in paragraphs (b), (c), and (d), "delinquent child" means a child:
(1) who has violated any state or local law, except as provided in section 260B.225, subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;
(2) who has violated a federal law or a law of another state and whose case has been referred to the juvenile court if the violation would be an act of delinquency if committed in this state or a crime or offense if committed by an adult;
(3) who has escaped from confinement to a state juvenile correctional facility after being committed to the custody of the commissioner of corrections; or
(4) who has escaped from confinement to a local juvenile correctional facility after being committed to the facility by the court.
(b) The term delinquent child does not include a child alleged to have committed murder in the first degree after becoming 16 years of age, but the term delinquent child does include a child alleged to have committed attempted murder in the first degree.
(c) The term delinquent child does not include a child alleged to have engaged in conduct which would, if committed by an adult, violate any federal, state, or local law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct.
(d) Effective August 1, 2026, and applied to acts committed on or after that date, the term delinquent child does not include a child alleged to have committed a delinquent act before becoming 13 years old unless the child was at least ten years old and alleged to have committed a crime of violence as defined in section 624.712, subdivision 5.
EFFECTIVE DATE. This section is effective August 1,
2026.
Subd. 6. Child in need of protection or services. "Child in need of protection or services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from an infant with a disability with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian. A child is not considered to be without proper parental care based solely on the disability of the child's parent, guardian, or custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;
(12) is a labor trafficked youth;
(13) has committed a delinquent act or a juvenile petty offense before becoming ten years old. This clause expires July 31, 2026;
(14) is a runaway;
(15) is a habitual truant;
(16) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense;
(17) has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the child; or
(18) effective August 1, 2026, has committed a delinquent act or a juvenile petty offense before becoming 13 years old unless the child was at least ten years old and alleged to have committed a crime of violence as defined in section 624.712, subdivision 5.
EFFECTIVE DATE. This section is effective August 1, 2026."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Duran
amendment and the roll was called. There
were 67 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The
motion did not prevail and the amendment was not adopted.
Greenman moved to amend S. F. No. 4760, the second engrossment, as amended, as follows:
Page 62, after line 21, insert:
"Sec. 72. Minnesota Statutes 2024, section 609.75, subdivision 3, is amended to read:
Subd. 3. What are not bets. The following are not bets:
(1) a contract to insure, indemnify, guarantee or otherwise compensate another for a harm or loss sustained, even though the loss depends upon chance;
(2) a contract for the purchase or sale at a future date of securities or other commodities, except as provided in section 609.7615;
(3) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, endurance, or quality or to the bona fide owners of animals or other property entered in such a contest;
(4) the game of bingo when conducted in compliance with sections 349.11 to 349.23;
(5) a private social bet not part of or incidental to organized, commercialized, or systematic gambling;
(6) the operation of equipment or the conduct of a raffle under sections 349.11 to 349.22, by an organization licensed by the Gambling Control Board or an organization exempt from licensing under section 349.166;
(7) pari-mutuel betting on horse racing when the betting is conducted under chapter 240; and
(8) the purchase and sale of State Lottery tickets under chapter 349A.
EFFECTIVE
DATE. This section is
effective August 1, 2026.
Sec. 73. [609.7615]
PREDICTION MARKETS.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Athletic event" means a
sports game, match, or activity, or series of games, matches, activities, or
tournaments involving the physical proficiency of one or more players or
participants. Athletic event includes
horse racing as defined in section 240.01, subdivision 8.
(c) "Esports
event" means a competition between individuals or teams using video games
in a game, match, contest, or series of games, matches, or contests, or a
tournament, or by a person or team against a specified measure of performance
which is hosted at a physical location or online.
(d) "Game of skill" means a
game, match, or tournament, or a series of games, matches, and tournaments
involving the dexterity or mental skill of one or more players or participants. Game of skill includes an esports event.
(e) "Prediction market" means
a system that allows consumers to place a wager on the future outcome of a
specified event that is not determined or affected by the performance of the
parties to the contract, including but not limited to:
(1) an athletic event or game of skill,
or portions thereof or individual performance statistics therein;
(2) any game played with cards, dice,
equipment, or any mechanical or electronic device or machine;
(3) war, state or national emergencies,
natural or human-made disasters, mass shootings, acts of terrorism, or public
health crises, or the ancillary effects thereof;
(4) any event or events happening to a
natural person or group of people;
(5) a federal, state, or local
election, or the actions or conduct of the federal, state, or local government
and the government's agencies, employees, and officers;
(6) legal actions, including but not
limited to a civil or criminal suit, grand jury action, jury trial, settlement,
plea, or conviction;
(7) the death, assassination, or
attempted killing of a person or group of persons, or mass casualty events;
(8) the weather;
(9) events in popular culture,
including but not limited to awards and the date a piece of entertainment will
be released; and
(10) whether a person will make a
particular statement.
(f) "Wager" means a contract,
including a prediction market contract, whereby the parties to the contract
agree to a gain or loss by one to the other of money, property, or benefit.
Subd. 2. Prediction
markets; hosting prohibited. A
person is guilty of a felony if the person, for consideration and as part of a
business:
(1) creates a prediction market;
(2) operates, manages, or controls a
platform or system intending that consumers will use the platform or system to
make wagers in a prediction market;
(3) intentionally facilitates the
operation of a prediction market by:
(i) identifying or listing events knowing the events
will be used by consumers to make wagers;
(ii) accepting,
holding, or directing the disposition of funds or other things of value for the
purpose of allowing consumers to make wagers or to settle wagers made by
consumers;
(iii) determining, administering, or
enforcing the terms, pricing, or settlement of wagers made by consumers;
(iv) regularly or continuously acting as
a counterparty to wagers made by consumers by entering into a wager, offering
to enter into a wager, or taking a temporary position in a wager that may be
replaced by a different consumer; or
(v) setting or adjusting the prices,
odds, or terms that apply to wagers entered into by consumers;
(4) provides data, information, or
verification services, including the provision of event outcomes, directly to a
prediction market knowing that the data, information, or verification services
will be used to allow consumers to make wagers or to settle wagers made by
consumers; or
(5) provides supportive services to a
prediction market or consumer knowing that the services will be used to
identify a consumer's location, transfer funds, or make or process payments for
the purpose of allowing consumers to make wagers or to settle wagers made by
consumers.
Subd. 3. Prediction
markets; advertising prohibited. Whoever
advertises or markets financial or technological products that promote
transactions prohibited under this section is guilty of a felony.
Subd. 4. Exceptions. Subdivision 2 does not apply to:
(1) activities that are not bets under
section 609.75, subdivision 3; and
(2) contracts authorized and regulated
under chapters 59A to 79A.
EFFECTIVE DATE. This section is effective August 1, 2026, and applies to crimes committed on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
POINT OF
ORDER
West raised a point of order pursuant to
rule 4.03, relating to Ways and Means Committee; Budget Resolution; Effect on
Expenditure and Revenue Bills, that the Greenman amendment was not in order. Speaker pro tempore Olson ruled the point of
order not well taken and the Greenman amendment in order.
The question recurred on the Greenman
amendment and the roll was called. There
were 72 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Bakeberg
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Myers
Nadeau
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rarick
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. H.
Backer
Baker
Bliss
Burkel
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
The
motion prevailed and the amendment was adopted.
S. F. No. 4760, A bill for
an act relating to public safety; modifying provisions regarding data
protection, domestic abuse, victims' rights, license revocation,
community-based correctional facilities, private detectives and protective agents,
law enforcement grants, criminal records, orders for protection, harassment
restraining orders, judicial officials, disqualifications based on criminal
history, substance abuse care, mental health unit beds, community supervision,
medication for incarcerated persons, the crime of coercion, reverse-location
data, financial crimes and fraud, organized retail theft, age deception,
background checks, eviction processes, and smoke alarms; extending the time
available to use an appropriation; making technical corrections; providing
criminal penalties; requiring a report; amending Minnesota Statutes 2024,
sections 13.69, subdivision 1; 13.6905, by adding subdivisions; 13.871,
subdivision 5; 116L.362, subdivision 1; 119A.37, subdivision 4; 142G.12,
subdivision 2; 142G.53; 171.09, subdivision 3; 171.12, subdivision 7c, by
adding a subdivision; 171.177, subdivision 8; 203B.06, subdivision 3; 203B.11,
subdivision 1; 241.021, subdivisions 1f, 1i, 4a; 241.69, subdivisions 1, 3, 4,
5, 6; 244.10, subdivision 5a; 256D.02, subdivision 12a; 256G.02, subdivision 6;
257.75, subdivision 6; 260E.02, subdivision 1; 299A.85, subdivision 4; 299A.90,
subdivision 3; 299C.05; 299C.065; 299C.46, subdivision 6; 326.32, subdivisions
8, 10, 10a, 10c, 12; 326.33, subdivision 1; 326.3381, subdivisions 2, 4;
326.3382, subdivisions 1, 4; 326.3385, subdivision 2; 326.3386, subdivision 3;
364.03, subdivision 3; 364.05; 504B.321, subdivision 2; 518B.01, subdivision 6;
518B.02, subdivision 2; 559.21, by adding a subdivision; 609.133, subdivision
4; 609.27, subdivision 2; 609.3471; 609.522, subdivisions 1, 2; 609.527,
subdivision 1; 609.605, subdivision 2; 609.748, by adding a subdivision;
609.7495, subdivision 1; 609A.015, subdivision 5; 611A.03, subdivision 1, by
adding a subdivision; 611A.0311, subdivision 1; 611A.036, subdivision 7;
611A.038; 611A.039, subdivision 1; 611A.31, subdivision 5; 629.341,
subdivisions 1, 4; 629.72, subdivisions 1a, 2, 2a, 6; Minnesota Statutes 2025
Supplement, sections 120B.22, subdivision 1; 171.12, subdivision 7; 171.178,
subdivision 5; 171.306, subdivision 1; 201.061, subdivision 3; 241.021,
subdivisions 1, 4f; 256G.03, subdivision 2; 299C.061, subdivision 3; 299C.76,
subdivision 1; 299C.80, subdivision 6; 480.40, subdivision 1; 480.50,
subdivision 1; 609.101, subdivision 2; 609.2334, subdivision 11; 628.26; Laws
2023, chapter 52, article 2, section 3, subdivision 8, as amended; proposing
coding for new law in Minnesota Statutes, chapters 241; 518B; 559; 609; 626;
626A; repealing Minnesota Statutes 2024, sections 169A.54, subdivision 6;
241.021, subdivisions 1g, 1h, 2a, 2b, 3, 6; 299C.12; 629.72, subdivision 3;
Minnesota Statutes 2025 Supplement, section 241.021, subdivision 2.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 116 yeas and 16 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Johnson, W.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Myers
Nadeau
Nash
Niska
Noor
Norris
Novotny
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Robbins
Schomacker
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Altendorf
Davis
Dippel
Fogelman
Gordon
Heintzeman
Jacob
Joy
Knudsen
Murphy
O'Driscoll
Roach
Rymer
Schultz
West
Wiener
The
bill was passed, as amended, and its title agreed to.
The Speaker assumed the Chair.
S. F. No. 2971, A bill for
an act relating to transportation; requiring data collection on bridge-related
suicides; requiring development of best practices for suicide prevention on
bridges; requiring implementation of suicide reduction railings on bridge
projects identified as appropriate and feasible; proposing coding for new law
in Minnesota Statutes, chapter 165.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The
bill was passed and its title agreed to.
S. F. No. 3888, A bill for
an act relating to transportation; permitting tow trucks to use variable
message signs; amending Minnesota Statutes 2024, section 168B.16.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The
bill was passed and its title agreed to.
H. F. No. 4063 was
reported to the House.
Rehm moved to amend H. F. No. 4063, the first engrossment, as follows:
Page 2, delete section 2
Renumber the sections in sequence and correct the internal references
Amend the title as follows:
Page 1, line 2, delete everything after the semicolon
Page 1, line 3, delete everything before "modifying"
Correct the title numbers accordingly
The
motion prevailed and the amendment was adopted.
H. F. No. 4063,
A bill for an act relating to transportation; modifying stopping requirements
for vehicles approaching school buses; modifying first aid kit requirements on
school buses; requiring USDOT numbers for all school buses; authorizing use of
school buses on public roads for training purposes; amending Minnesota Statutes
2024, sections 169.011, subdivision 71; 169.444, subdivision 1; 169.448,
subdivision 1; 169.449, by adding a subdivision; 169.454, subdivision 5, by
adding a subdivision.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The
bill was passed, as amended, and its title agreed to.
H. F. No. 3709, A bill for
an act relating to financial institutions; allowing certain virtual-currency
custody services to be offered and performed; proposing coding for new law in
Minnesota Statutes, chapters 48; 52.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 130 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Hansen, R.
Lee, K.
Lee, X.
Liebling
The
bill was passed and its title agreed to.
S. F. No. 4171 was reported
to the House.
Dotseth moved to amend S. F. No. 4171, the first engrossment, as follows:
Page 3, after line 10, insert:
"Sec. 4. Minnesota Statutes 2024, section 504B.321, subdivision 2, is amended to read:
Subd. 2. Expedited
procedure. (a) In an eviction action
brought under section 504B.171 or on the basis that the residential tenant
engages in behavior that seriously endangers the safety of other residents,
assaults the landlord or the landlord's employees or contractors, or
intentionally and seriously damages the property of the landlord or a tenant,
the person filing the complaint shall file an affidavit stating specific facts
and instances in support of why an expedited hearing is required. For the purposes of this subdivision,
"assault" has the meaning given in section 609.02, subdivision 10.
(c) The appearance in an expedited hearing shall be not less than five days nor more than seven days from the date the summons is issued. The summons, in an expedited hearing, shall be served upon the residential tenant within 24 hours of issuance unless the court orders otherwise for good cause shown.
(d) If the court determines that the
person seeking an expedited hearing did so without sufficient basis under the
requirements of this subdivision, the court shall impose a civil penalty of up
to $500 $750 for abuse of the expedited hearing process.
(e) The court may only consider allegations under paragraph (a) during an expedited hearing. The court may not consolidate claims heard under the expedited procedure with any additional claims, including but not limited to breach of lease, holding over under section 504B.285, or nonpayment of rent under section 504B.291.
EFFECTIVE DATE. This section is effective August 1, 2026, and applies to eviction actions filed on or after that date."
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Hussein moved to amend S. F. No. 4171, the first engrossment, as amended, as follows:
Page 2, after line 28, insert:
"Sec. 3. [504B.2136]
MINORS AS DEFENDANTS PROHIBITED.
(a) A residential landlord shall not
list the minor child of a residential tenant as a defendant in an eviction
action complaint against a residential tenant.
If a minor is the only person renting the unit from the landlord, the
landlord may list the minor as a defendant in an eviction action complaint
against the minor.
(b) The requirements of this section
may not be waived or modified by the parties to a residential lease. Any provision, whether oral or written, of a
lease or other agreement by which any provision of this section is waived by a
tenant is contrary to public policy and void.
(c) The tenant shall recover from the
landlord actual damages or $300, whichever is greater, for a violation of this
section.
EFFECTIVE DATE. This section is effective August 1, 2026, and applies to eviction actions filed on or after that date."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
S. F. No. 4171, A bill for
an act relating to housing; providing for submetered utility service final
billing for vacating tenants; modifying provisions related to the payment of
rent by tenants; amending Minnesota Statutes 2024, sections 216B.023, by adding
a subdivision; 504B.118; 504B.216, by adding a subdivision.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
O'Driscoll
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The bill was
passed, as amended, and its title agreed to.
S. F. No. 1750 was reported
to the House.
Bahner moved to amend S. F. No. 1750, the second unofficial engrossment, as follows:
Page 13, line 32, after the period, insert "Notice may be provided in any reasonable manner."
Page 15, line 5, delete "the board proposes, and the association's members approve" and insert ", at a board meeting" and after "amount" insert "is approved by owners of units to which a majority of the votes in the association are allocated,"
Page 15, line 6, delete "at an annual meeting,"
Page 15, line 9, delete "a resident's" and insert "the" and before the semicolon, insert "of a resident, occupant, or guest"
Page 15, line 15, after "it" insert a comma
Page 15, line 17, after the period, insert "The unit owner has the right to be advised by an attorney or a designated representative at the hearing."
Page 15, line 19, after "a" insert "final"
Page 15, line 20, after "provide" insert ", in any reasonable manner,"
Page 15, line 21, after the first "the" insert "final resolution within 30 days of its adoption. The" and delete ", which" and delete "the rationale" and insert "an explanation" and delete the comma
Page 15, line 22, delete "within 30 days of adoption"
Page 15, line 24, delete "adopt a schedule" and insert "provide a list"
Page 15, line 25, before "violations" insert "common" and delete "must provide"
Page 15, line 26, delete ". The association must provide the schedule and description"
Page 15, line 28, delete "a unit owner purchases a unit or"
Page 15, line 29, delete "when"
Page 17, line 1, strike "assistance" and insert "advice"
Page 18, delete lines 3 to 7 and insert:
"(g) An association may not refuse
to accept payment from an owner of any amount for any assessment, fine, or fee,
except if the association has commenced a foreclosure under chapter 580 or 581. Acceptance of a payment does not constitute a
waiver of any claim or defense the association may assert. Nothing in this paragraph affects the unit
owner's right to reinstate under section 580.30.
(h) A payment by a unit owner must be
applied to assessments for common expenses and special assessments first before
it is applied to fines, fees, or other assessments, except that the payment can
be applied:
(1) in a different manner upon the
agreement of the unit owner and the association; or
(2) by the association to fines that
remain unpaid for more than 120 days if the fine is for a violation that:
(i) has a serious and immediate impact
on the health or safety of a resident, occupant, or guest;
(ii) causes physical damage to another
unit or a common element; or
(iii) involves using the property for
financial enrichment, including renting or offering for rent a unit in
violation of the declaration, bylaws, or a rule or regulation prohibiting
short-term or long-term rentals, as provided under subsection (a)(11).
An association must consider offering a reasonable payment plan for a delinquency."
Page 18, line 8, delete "(h)" and insert "(i)"
Page 20, delete lines 19 to 22
Page 20, line 24, after the period, insert "Elections of directors must occur regularly, as provided in section 515B.3-108. Each term of a director must not exceed three years, provided there is no limit on the number of terms a director may serve. The terms of directors must be staggered, unless the duration of the terms is one year or less. If filling a vacancy on the board of directors, the director will serve the remainder of the term vacated until a new election is held at the end of the term as provided in section 515B.3-108."
Page 21, line 6, after the period, insert "The requirement to make documents available to unit owners does not apply to documents related to items discussed at a closed meeting of the board."
Page 21, line 11, before "At" insert "Before any action is taken on an agenda item" and delete "before"
Page 21, line 12, delete everything before the comma
Page 21, line 20, delete everything after "statement"
Page 21, line 21 delete everything before the period
Page 22, line 15, delete "or property manager"
Page 23, line 12, after "process" insert ", including the criteria used,"
Page 23, line 13, delete ". The records must be made available for inspection for a period of" and insert "for the last" and before the period, insert ", and make those records available to unit owners at cost or as otherwise provided in section 515B.3-118" and delete everything after the period
Page 23, delete lines 14 to 21
Page 23, line 26, delete everything after the period and insert "An association may decline to renew an automatically renewing contract for another term, provided the association gives written notice to the other party no less than three months before the date the contract will automatically renew."
Page 23, delete lines 27 to 29
Page 26, line 26, delete "vehicle's length" and insert "vehicle, when parked," and after "property" insert ", fully or partially block access to a pedestrian walkway,"
Page 26, line 27, delete "or" and insert ", driveways, parking spaces," and before the period, insert ", or limited common elements"
Page 27, line 26, after the period, insert "The association shall make available in any reasonable manner a copy of the proposed budget prior to the meeting at which the budget is scheduled to be discussed and approved."
Page 28, line 33, delete everything before the period
Page 29, line 1, delete "A" and insert "The"
Page 29, line 5, after "(2)" insert "a law firm, engaged by the board to foreclose an association's lien for assessments, to send" and delete "be sent"
Page 29, line 7, delete everything before the period
Page 31, line 25, after the period, insert "The association shall make available, in any reasonable manner, a copy of the proposed budget prior to the meeting at which the budget is scheduled to be discussed and approved."
Page 33, line 9, delete everything before the period
Page 33, line 10, delete "A" and insert "The"
Page 33, line 14, after "(2)" insert "a law firm, engaged by the board to foreclose an association's lien for assessments, to send"
Page 33, line 15, delete "when a law firm has been hired to foreclose an association's" and insert a period
Page 33, delete line 16
Page 35, line 6, delete "(c)" and insert "(a), clause (11)"
Page 37, delete lines 20 to 22 and insert:
"(c) Notice under this section is
not required to be given before referring a matter to the association's legal
counsel if:
(1) the matter involves pending or
threatened litigation;
(2) the unit owner has retained legal
counsel and the association is responding to the owner's attorney; or
(3) immediate legal action is necessary to preserve the legal rights of the association or to prevent immediate harm to persons or property."
Page 43, line 26, delete "and"
Page 43, line 27, delete "schedules of" and insert "list of common"
Page 43, line 29, delete the period and insert "; and"
Page 43, after line 29, insert:
"(25) a statement providing the
following information:
(i) purchasing a unit in the common
interest community will impact property rights and may impose certain
obligations as a unit owner;
(ii) governing documents for a common
interest community dictate how decisions will be made related to the property,
including financial decisions, maintenance decisions, and restrictions on the
use of the property, which may include, but not be limited to, restrictions on
parking, appearance, noise, smoking, pets, and rental of your unit;
(iii) governing documents may also be
modified or changed at any time with the appropriate approval and any
modifications or amendments will apply to existing unit owners; and
(iv) it is advisable
to consult with an attorney before purchasing a unit."
Page 44, line 18, delete "schedules of" and insert "list of common"
Page 49, after line 32, insert:
"(f) A purchaser should be aware
of the following information:
(1) purchasing a unit in the common
interest community will impact property rights and may impose certain
obligations as a unit owner;
(2) governing documents for a common
interest community dictate how decisions will be made related to the property,
including financial decisions, maintenance decisions, and restrictions on the
use of the property, which may include, but not be limited to, restrictions on
parking, appearance, noise, smoking, pets, and rental of your unit;
(3) governing documents may also be
modified or changed at any time with the appropriate approval and any
modifications or amendments will apply to existing unit owners; and
(4) it is advisable to consult with an attorney before purchasing a unit."
Page 51, line 26, after "2027" insert ", for all common interest communities created on or after that date"
Page 51, line 29, delete everything after the period
Page 51, delete line 30
Page 52, delete lines 1 to 6
Gottfried moved to amend the Bahner amendment to S. F. No. 1750, the second unofficial engrossment, as follows:
Page 2, after line 24, insert:
"Page 18, after line 13, insert:
"(i) An association or property management company shall not sell or disclose the name and address, or personal information, of a home owner or resident unless there is an express business purpose. In the case of an expressed business purpose, the association or property management company must retain an agreement from the third party or vendor that they shall not disclose or sell information of the unit owners or occupants without expressed written permission.""
A roll call was requested and properly
seconded.
Pursuant to Rule 10.05, relating to Remote
House Operations, the Speaker permitted the following member to vote via remote
means between the hours of 4:20 p.m. and 6:10 p.m.: Franson.
The question was taken on the Gottfried
amendment to the Bahner amendment and the roll was called. There were 67 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
The
motion did not prevail and the amendment to the amendment was not adopted.
The question recurred on the Bahner
amendment to S. F. No. 1750, the second unofficial
engrossment. The motion prevailed and
the amendment was adopted.
Keeler moved to amend S. F. No. 1750, the second unofficial engrossment, as amended, as follows:
Page 51, after line 5, insert:
"(f) A disclosure by the association of data in violation of the Safe at Home program under section 5B.05, paragraph (d), is a violation of this chapter."
A roll call was requested and properly
seconded.
The question was taken on the Keeler
amendment and the roll was called. There
were 69 yeas and 65 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Fogelman
Franson
Gander
Gillman
Gordon
Harder
Heintzeman
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson
Niska
Novotny
O'Driscoll
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
The
motion prevailed and the amendment was adopted.
O'Driscoll moved to amend S. F. No. 1750, the second unofficial engrossment, as amended, as follows:
Page 51, delete section 14
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Pursuant to Rule 10.05, relating to Remote
House Operations, the Speaker permitted the following member to vote via remote
means between the hours of 5:35 p.m. and 6:25 p.m.: Myers.
The question was taken on the O'Driscoll
amendment and the roll was called. There
were 47 yeas and 86 nays as follows:
Those who voted in the affirmative were:
Acomb
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bliss
Buck
Cha
Davis
Duran
Falconer
Fogelman
Gander
Greene
Hansen, R.
Heintzeman
Hill
Huot
Johnson, W.
Joy
Keeler
Klevorn
Knudsen
Koznick
Kresha
Lillie
Momanyi-Hiltsley
Mueller
Murphy
Myers
Nadeau
O'Driscoll
Quam
Rehm
Rymer
Schomacker
Schultz
Schwartz
Stier
Swedzinski
Torkelson
Van Binsbergen
Wiener
Witte
Those who voted in the negative were:
Agbaje
Bahner
Bennett
Berg
Bierman
Burkel
Carroll
Clardy
Coulter
Curran
Davids
Dippel
Dotseth
Elkins
Engen
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gillman
Gomez
Gordon
Gottfried
Greenman
Hanson, J.
Harder
Hicks
Hollins
Howard
Hudson
Hussein
Igo
Jacob
Johnson, P.
Jones
Jordan
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Long
Luger-Nikolai
Mahamoud
McDonald
Mekeland
Moller
Nash
Nelson
Niska
Noor
Norris
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Rarick
Rehrauer
Repinski
Reyer
Roach
Robbins
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Tabke
Vang
Virnig
Warwas
West
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The
motion did not prevail and the amendment was not adopted.
S. F. No. 1750, A bill for
an act relating to common interest communities; modifying powers and duties of
common interest communities; modifying rights of a unit owner; modifying
threshold for termination of a common interest community; establishing dispute
resolution process; modifying notice of meetings; limiting late fees, fines,
and attorney fees; modifying foreclosure requirements; establishing conflict of
interest standards for board members; prohibiting local governments from requiring
creation of homeowners associations; amending Minnesota Statutes 2024, sections
515B.1-102; 515B.1-103; 515B.2-103; 515B.2-119; 515B.3-102; 515B.3-103;
515B.3-106; 515B.3-107; 515B.3-108; 515B.3-115; 515B.3-1151; 515B.3-116;
515B.4-102; 515B.4-1021; 515B.4-116; Laws 2024, chapter 96, article 2, section
13; proposing coding for new law in Minnesota Statutes, chapter 515B.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 100 yeas and 34 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Baker
Bennett
Berg
Bierman
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Davids
Dippel
Dotseth
Elkins
Falconer
Feist
Finke
Fischer
Franson
Frazier
Frederick
Freiberg
Gillman
Gomez
Gordon
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Harder
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Mahamoud
McDonald
Mekeland
Moller
Momanyi-Hiltsley
Nadeau
Nash
Nelson
Niska
Noor
Norris
Novotny
Olson
Pérez-Vega
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Robbins
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Tabke
Torkelson
Vang
Virnig
Warwas
West
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Bliss
Curran
Davis
Duran
Engen
Fogelman
Gander
Heintzeman
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
Luger-Nikolai
Mueller
Murphy
Myers
O'Driscoll
Roach
Rymer
Schomacker
Schultz
Stier
Swedzinski
Van Binsbergen
Wiener
The
bill was passed, as amended, and its title agreed to.
MOTIONS AND RESOLUTIONS
Hanson, J., moved that the name of Pinto be added as an author on H. F. No. 955. The motion prevailed.
Keeler moved that the name of Allen be added as an author on H. F. No. 1266. The motion prevailed.
Howard moved that the name of Jones be added as an author on H. F. No. 2021. The motion prevailed.
Norris moved that the name of Johnson, W., be added as an author on H. F. No. 2627. The motion prevailed.
Liebling moved that the name of Johnson, P., be added as an author on H. F. No. 3476. The motion prevailed.
Hussein moved that the name of Jones be added as an author on H. F. No. 3640. The motion prevailed.
Bierman moved that the name of Moller be added as an author on H. F. No. 3964. The motion prevailed.
Elkins moved that the name of Freiberg be added as an author on H. F. No. 4247. The motion prevailed.
Schultz moved that the name of Perryman be added as an author on H. F. No. 4290. The motion prevailed.
Igo moved that the name of Zeleznikar be added as an author on H. F. No. 4383. The motion prevailed.
Baker moved that the name of Perryman be added as an author on H. F. No. 4414. The motion prevailed.
Kotyza-Witthuhn moved that the name of Youakim be added as chief author on H. F. No. 4548. The motion prevailed.
Agbaje moved that the name of Rehm be added as an author on H. F. No. 4841. The motion prevailed.
Davids moved that the names of Burkel, Gander, Bakeberg, Kozlowski and Johnson, W., be added as authors on H. F. No. 5031. The motion prevailed.
Jones moved that the name of Jones be stricken as an author on H. F. No. 5077. The motion prevailed.
Huot moved that the name of Rehrauer be added as an author on H. F. No. 5082. The motion prevailed.
Jordan moved that the names of Youakim and Sencer-Mura be added as authors on H. F. No. 5098. The motion prevailed.
Rymer moved that
H. F. No. 4779 be returned to its author. The motion prevailed.
Franson, Myers, Nash and O'Driscoll were
excused for the remainder of today's session.
MOTION TO SUSPEND RULES
Niska moved that the rules of the House be
so far suspended so that H. F. No. 3819 be recalled from the Committee on
Children and Families Finance and Policy, be given its second and third
readings and be placed upon its final passage.
A roll call was requested and properly
seconded.
The question was taken on the Niska motion
and the roll was called. There were 63
yeas and 67 nays as follows:
Those who voted in the affirmative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dippel
Dotseth
Duran
Engen
Fogelman
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Nadeau
Nelson
Niska
Novotny
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Elkins
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
The motion did
not prevail.
MOTION TO SUSPEND RULES
Long moved that the rules of the House be
so far suspended so that H. F. No. 76 be recalled from the Committee on Energy
Finance and Policy, be given its second and third readings and be placed upon
its final passage.
A roll call was requested and properly
seconded.
CALL OF THE HOUSE
On the motion of Pursell and on the demand
of 10 members, a call of the House was ordered.
The following members answered to their names:
Acomb
Agbaje
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Bennett
Berg
Bierman
Bliss
Buck
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Davids
Davis
Dippel
Dotseth
Duran
Elkins
Engen
Falconer
Feist
Finke
Fischer
Fogelman
Frazier
Frederick
Freiberg
Gander
Gillman
Gomez
Gordon
Gottfried
Greenman
Hansen, R.
Hanson, J.
Harder
Heintzeman
Hicks
Hill
Hollins
Howard
Hudson
Huot
Hussein
Igo
Jacob
Johnson, P.
Johnson, W.
Jones
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lawrence
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Mekeland
Moller
Mueller
Murphy
Nadeau
Nelson
Niska
Noor
Norris
Novotny
Olson
Perryman
Pinto
Pursell
Quam
Rarick
Rehm
Rehrauer
Repinski
Reyer
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sencer-Mura
Sexton
Skraba
Smith
Stephenson
Stier
Swedzinski
Tabke
Torkelson
Van Binsbergen
Vang
Virnig
Warwas
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Demuth
The question recurred on the Long motion
and the roll was called. There were 69
yeas and 61 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Berg
Bierman
Buck
Carroll
Cha
Clardy
Coulter
Curran
Dippel
Elkins
Engen
Falconer
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Gottfried
Greene
Greenman
Hansen, R.
Hanson, J.
Hicks
Hill
Hollins
Howard
Huot
Hussein
Johnson, P.
Jones
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Lee, X.
Liebling
Lillie
Long
Luger-Nikolai
Mahamoud
Moller
Momanyi-Hiltsley
Noor
Norris
Pérez-Vega
Pinto
Pursell
Rehm
Rehrauer
Reyer
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Virnig
Wolgamott
Xiong
Youakim
Those who voted in the negative were:
Allen
Altendorf
Anderson, P. E.
Anderson, P. H.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Davids
Davis
Dotseth
Duran
Fogelman
Gander
Gillman
Gordon
Harder
Heintzeman
Hudson
Igo
Jacob
Johnson, W.
Joy
Knudsen
Koznick
Kresha
Lawrence
McDonald
Mekeland
Mueller
Murphy
Nadeau
Nelson
Niska
Novotny
Olson
Perryman
Quam
Rarick
Repinski
Roach
Robbins
Rymer
Schomacker
Schultz
Schwartz
Scott
Sexton
Skraba
Stier
Swedzinski
Torkelson
Van Binsbergen
Warwas
West
Wiener
Witte
Zeleznikar
Spk. Demuth
Not having
received the constitutionally required two-thirds vote, the motion did not
prevail.
ADJOURNMENT
Niska moved that when the House adjourns
today it adjourn until 1:00 p.m., Monday, May 4, 2026. The motion prevailed.
Niska moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 1:00 p.m., Monday, May 4, 2026.
Patrick
Duffy Murphy, Chief
Clerk, House of Representatives