Text of MN SF 3321 (2025)

1.1 A bill for an act​ 1.2 relating to state government; removing gender-affirming care provisions limiting​ 1.3 the impact of certain laws; amending Minnesota Statutes 2024, sections 518D.201;​ 1.4 518D.204; 518D.207; 629.02; 629.05; 629.06; 629.13; 629.14; repealing Minnesota​ 1.5 Statutes 2024, sections 62Q.585; 260.925; 543.23.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. Minnesota Statutes 2024, section 518D.201, is amended to read:​ 1.8 518D.201 INITIAL CHILD CUSTODY JURISDICTION.​ 1.9 (a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction​ 1.10 to make an initial child custody determination only if:​ 1.11 (1) this state is the home state of the child on the date of the commencement of the​ 1.12 proceeding, or was the home state of the child within six months before the commencement​ 1.13 of the proceeding and the child is absent from this state but a parent or person acting as a​ 1.14 parent continues to live in this state;​ 1.15 (2) a court of another state does not have jurisdiction under clause (1), or a court of the​ 1.16 home state of the child has declined to exercise jurisdiction on the ground that this state is​ 1.17 the more appropriate forum under section 518D.207 or 518D.208, and:​ 1.18 (i) the child and the child's parents, or the child and at least one parent or a person acting​ 1.19 as a parent, have a significant connection with this state other than mere physical presence;​ 1.20 and​ 1.21 (ii) substantial evidence is available in this state concerning the child's care, protection,​ 1.22 training, and personal relationships;​ 1​ Section 1.​ 25-03218 as introduced​ 02/20/25 REVISOR VH/VJ​ SENATE​ STATE OF MINNESOTA​ S.F. No. 3321​ NINETY-FOURTH SESSION​ (SENATE AUTHORS: WESENBERG, Westrom, Lieske, Farnsworth and Lucero)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 04/07/2025​ Referred to Judiciary and Public Safety​ 2.1 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise​ 2.2 jurisdiction on the ground that a court of this state is the more appropriate forum to determine​ 2.3 the custody of the child under section 518D.207 or 518D.208; or​ 2.4 (4) no court of any other state would have jurisdiction under the criteria specified in​ 2.5 clause (1), (2), or (3).​ 2.6 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody​ 2.7 determination by a court of this state.​ 2.8 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary​ 2.9 or sufficient to make a child custody determination.​ 2.10 (d) The presence of a child in this state for the purpose of obtaining gender-affirming​ 2.11 health care as defined in section 543.23, paragraph (b), is sufficient to meet the requirements​ 2.12 of paragraph (a), clause (2), item (i).​ 2.13 EFFECTIVE DATE. This section is effective the day following final enactment.​ 2.14 Sec. 2. Minnesota Statutes 2024, section 518D.204, is amended to read:​ 2.15 518D.204 TEMPORARY EMERGENCY JURISDICTION.​ 2.16 (a) A court of this state has temporary emergency jurisdiction if the child is present in​ 2.17 this state and:​ 2.18 (1) the child has been abandoned; or​ 2.19 (2) it is necessary in an emergency to protect the child because the child, or a sibling or​ 2.20 parent of the child, is subjected to or threatened with mistreatment or abuse; or.​ 2.21 (3) the child has been unable to obtain gender-affirming health care as defined in section​ 2.22 543.23, paragraph (b).​ 2.23 (b) If there is no previous child custody determination that is entitled to be enforced​ 2.24 under this chapter, and a child custody proceeding has not been commenced in a court of a​ 2.25 state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination​ 2.26 made under this section remains in effect until an order is obtained from a court of a state​ 2.27 having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding​ 2.28 has not been or is not commenced in a court of a state having jurisdiction under sections​ 2.29 518D.201 to 518D.203, a child custody determination made under this section becomes a​ 2.30 final determination, if it so provides and this state becomes the home state of the child.​ 2​ Sec. 2.​ 25-03218 as introduced​ 02/20/25 REVISOR VH/VJ​ 3.1 (c) If there is a previous child custody determination that is entitled to be enforced under​ 3.2 this chapter, or a child custody proceeding has been commenced in a court of a state having​ 3.3 jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state​ 3.4 under this section must specify in the order a period that the court considers adequate to​ 3.5 allow the person seeking an order to obtain an order from the state having jurisdiction under​ 3.6 sections 518D.201 to 518D.203. The order issued in this state remains in effect until an​ 3.7 order is obtained from the other state within the period specified or the period expires.​ 3.8 (d) A court of this state which has been asked to make a child custody determination​ 3.9 under this section, upon being informed that a child custody proceeding has been commenced​ 3.10 in, or a child custody determination has been made by, a court of a state having jurisdiction​ 3.11 under sections 518D.201 to 518D.203, shall immediately communicate with the other court.​ 3.12 A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to​ 3.13 518D.203, upon being informed that a child custody proceeding has been commenced in,​ 3.14 or a child custody determination has been made by, a court of another state under a statute​ 3.15 similar to this section shall immediately communicate with the court of that state to resolve​ 3.16 the emergency, protect the safety of the parties and the child, and determine a period for​ 3.17 the duration of the temporary order.​ 3.18 EFFECTIVE DATE. This section is effective the day following final enactment.​ 3.19 Sec. 3. Minnesota Statutes 2024, section 518D.207, is amended to read:​ 3.20 518D.207 INCONVENIENT FORUM.​ 3.21 (a) A court of this state which has jurisdiction under this chapter to make a child custody​ 3.22 determination may decline to exercise its jurisdiction at any time if it determines that it is​ 3.23 an inconvenient forum under the circumstances and that a court of another state is a more​ 3.24 appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,​ 3.25 the court's own motion, or request of another court.​ 3.26 (b) Before determining whether it is an inconvenient forum, a court of this state shall​ 3.27 consider whether it is appropriate for a court of another state to exercise jurisdiction. For​ 3.28 this purpose, the court shall allow the parties to submit information and shall consider all​ 3.29 relevant factors, including:​ 3.30 (1) whether domestic violence has occurred and is likely to continue in the future and​ 3.31 which state could best protect the parties and the child;​ 3.32 (2) the length of time the child has resided outside this state;​ 3​ Sec. 3.​ 25-03218 as introduced​ 02/20/25 REVISOR VH/VJ​ 4.1 (3) the distance between the court in this state and the court in the state that would assume​ 4.2 jurisdiction;​ 4.3 (4) the relative financial circumstances of the parties;​ 4.4 (5) any agreement of the parties as to which state should assume jurisdiction;​ 4.5 (6) the nature and location of the evidence required to resolve the pending litigation,​ 4.6 including testimony of the child;​ 4.7 (7) the ability of the court of each state to decide the issue expeditiously and the​ 4.8 procedures necessary to present the evidence; and​ 4.9 (8) the familiarity of the court of each state with the facts and issues in the pending​ 4.10 litigation.​ 4.11 (c) If a court of this state determines that it is an inconvenient forum and that a court of​ 4.12 another state is a more appropriate forum, it shall stay the proceedings upon condition that​ 4.13 a child custody proceeding be promptly commenced in another designated state and may​ 4.14 impose any other condition the court considers just and proper.​ 4.15 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a​ 4.16 child custody determination is incidental to an action for marriage dissolution or another​ 4.17 proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.​ 4.18 (e) In a case where the provision of gender-affirming health care for a child is at issue,​ 4.19 a court of this state shall not determine that this state is an inconvenient forum if the law or​ 4.20 policy of the other state that may take jurisdiction limits the ability of a parent to obtain​ 4.21 gender-affirming health care as defined in section 543.23, paragraph (b), for the parent's​ 4.22 child.​ 4.23 EFFECTIVE DATE. This section is effective the day following final enactment.​ 4.24 Sec. 4. Minnesota Statutes 2024, section 629.02, is amended to read:​ 4.25 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.​ 4.26 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution​ 4.27 of the United States controlling, and any and all acts of Congress enacted in pursuance​ 4.28 thereof, it is the duty of the governor of this state to have arrested and delivered up to the​ 4.29 executive authority of any other state of the United States any person charged in that state​ 4.30 with treason, felony, or other crime, who has fled from justice and if found in this state.​ 4.31 Nothing in this section shall limit any person's right to move freely between states or to​ 4.32 enjoy the privileges and immunities of this state, and no person shall be arrested or delivered​ 4​ Sec. 4.​ 25-03218 as introduced​ 02/20/25 REVISOR VH/VJ​ 5.1 up to the executive authority of any other state of the United States for acts committed in​ 5.2 this state or services received in this state involving: (1) any medical, surgical, counseling,​ 5.3 or referral services relating to the human reproductive system, including but not limited to​ 5.4 services related to pregnancy, contraception, or the termination of a pregnancy; or (2)​ 5.5 gender-affirming health care as defined in section 543.23, paragraph (b).​ 5.6 EFFECTIVE DATE. This section is effective the day following final enactment.​ 5.7 Sec. 5. Minnesota Statutes 2024, section 629.05, is amended to read:​ 5.8 629.05 EXTRADITION BY AGREEMENT.​ 5.9 When it is desired to have returned to this state a person charged in this state with a​ 5.10 crime, and such person is imprisoned or is held under criminal proceedings then pending​ 5.11 against that person in another state, the governor of this state may agree with the executive​ 5.12 authority of such other state for the extradition of such person before the conclusion of such​ 5.13 proceedings or the person's term of sentence in such other state, upon condition that such​ 5.14 person be returned to such other state at the expense of this state as soon as the prosecution​ 5.15 in this state is terminated.​ 5.16 The governor of this state may also surrender, on demand of the executive authority of​ 5.17 any other state, any person in this state who is charged in the manner provided in section​ 5.18 629.23 with having violated the laws of the state whose executive authority is making the​ 5.19 demand, even though such person left the demanding state involuntarily, except that no​ 5.20 person shall be surrendered for acts committed in this state or services received in this state​ 5.21 involving: (1) any medical, surgical, counseling, or referral services relating to the human​ 5.22 reproductive system, including but not limited to services related to pregnancy, contraception,​ 5.23 or the termination of a pregnancy; or (2) gender-affirming health care as defined in section​ 5.24 543.23, paragraph (b).​ 5.25 EFFECTIVE DATE. This section is effective the day following final enactment.​ 5.26 Sec. 6. Minnesota Statutes 2024, section 629.06, is amended to read:​ 5.27 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.​ 5.28 (a) Except as provided in paragraph (b), the governor of this state may also surrender,​ 5.29 on demand of the executive authority of any other state, any person in this state charged in​ 5.30 such other state in the manner provided in section 629.03 with committing an act in this​ 5.31 state, or in a third state, intentionally resulting in a crime in the state, whose executive​ 5.32 authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise​ 5​ Sec. 6.​ 25-03218 as introduced​ 02/20/25 REVISOR VH/VJ​ 6.1 inconsistent, shall apply to such cases, even though the accused was not in that state at the​ 6.2 time of the commission of the crime, and has not fled therefrom.​ 6.3 (b) Nothing in this section shall limit any person's right to move freely between states​ 6.4 or to enjoy the privileges and immunities of this state, and no person shall be surrendered​ 6.5 to the executive authority of any other state for acts involving: (1) any medical, surgical,​ 6.6 counseling, or referral services relating to the human reproductive system, including but​ 6.7 not limited to services related to pregnancy, contraception, or the termination of a pregnancy;​ 6.8 or (2) gender-affirming health care as defined in section 543.23, paragraph (b).​ 6.9 EFFECTIVE DATE. This section is effective the day following final enactment.​ 6.10 Sec. 7. Minnesota Statutes 2024, section 629.13, is amended to read:​ 6.11 629.13 WHO MAY BE APPREHENDED.​ 6.12 When any person within this state is charged on the oath of any credible person before​ 6.13 any judge of this state with the commission of any crime in any other state other than a​ 6.14 crime arising from acts committed in this state or services received in this state involving:​ 6.15 (1) any medical, surgical, counseling, or referral services relating to the human reproductive​ 6.16 system, including but not limited to services related to pregnancy, contraception, or the​ 6.17 termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23,​ 6.18 paragraph (b), and, except in cases arising under section 629.06, with having fled from​ 6.19 justice, with having been convicted of a crime in that state and having escaped from​ 6.20 confinement, or having broken the terms of bail, probation, or parole, or when complaint​ 6.21 has been made before any judge in this state setting forth on the affidavit of any credible​ 6.22 person in another state that a crime has been committed in the other state and that the accused​ 6.23 has been charged in that state with the commission of the crime and, except in cases arising​ 6.24 under section 629.06, has fled from justice, or with having been convicted of a crime in that​ 6.25 state and having escaped from confinement, or having broken the terms of bail, probation,​ 6.26 or parole, and is believed to be in this state, the judge shall issue a warrant directed to any​ 6.27 peace officer commanding the officer to apprehend the person named in it, wherever the​ 6.28 accused may be found in this state, and to bring the accused before the same or any other​ 6.29 judge or court who or which may be available in or convenient of access to the place where​ 6.30 the arrest may be made, to answer the charge or complaint and affidavit. A certified copy​ 6.31 of the sworn charge or complaint and affidavit upon which the warrant is issued shall be​ 6.32 attached to the warrant.​ 6.33 EFFECTIVE DATE. This section is effective the day following final enactment.​ 6​ Sec. 7.​ 25-03218 as introduced​ 02/20/25 REVISOR VH/VJ​ 7.1 Sec. 8. Minnesota Statutes 2024, section 629.14, is amended to read:​ 7.2 629.14 ARREST WITHOUT WARRANT.​ 7.3 The arrest of a person may be lawfully made also by any peace officer or a private person,​ 7.4 without a warrant upon reasonable information that the accused stands charged in the courts​ 7.5 of a state with a crime punishable by death or imprisonment for a term exceeding one year,​ 7.6 except that no person shall be arrested if the accused stands charged in the courts of any​ 7.7 other state for acts committed in this state or services received in this state involving: (1)​ 7.8 any medical, surgical, counseling, or referral services relating to the human reproductive​ 7.9 system, including but not limited to services related to pregnancy, contraception, or the​ 7.10 termination of a pregnancy; or (2) gender-affirming health care as defined in section 543.23,​ 7.11 paragraph (b). When arrested the accused must be taken before a judge with all practicable​ 7.12 speed and complaint must be made against the accused under oath setting forth the ground​ 7.13 for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused​ 7.14 had been arrested on a warrant.​ 7.15 EFFECTIVE DATE. This section is effective the day following final enactment.​ 7.16 Sec. 9. REPEALER.​ 7.17 Minnesota Statutes 2024, sections 62Q.585; 260.925; and 543.23, are repealed.​ 7.18 EFFECTIVE DATE. This section is effective the day following final enactment.​ 7​ Sec. 9.​ 25-03218 as introduced​ 02/20/25 REVISOR VH/VJ​ 62Q.585 GENDER-AFFIRMING CARE COVERAGE; MEDICALLY NECESSARY​ CARE.​ Subdivision 1. Requirement. No health plan that covers physical or mental health services may​ be offered, sold, issued, or renewed in this state that:​ (1) excludes coverage for medically necessary gender-affirming care; or​ (2) requires gender-affirming treatments to satisfy a definition of "medically necessary care,"​ "medical necessity," or any similar term that is more restrictive than the definition provided in​ subdivision 2.​ Subd. 2. Minimum definition. "Medically necessary care" means health care services appropriate​ in terms of type, frequency, level, setting, and duration to the enrollee's diagnosis or condition and​ diagnostic testing and preventive services. Medically necessary care must be consistent with generally​ accepted practice parameters as determined by health care providers in the same or similar general​ specialty as typically manages the condition, procedure, or treatment at issue and must:​ (1) help restore or maintain the enrollee's health; or​ (2) prevent deterioration of the enrollee's condition.​ Subd. 3. Definitions. (a) For purposes of this section, the following terms have the meanings​ given.​ (b) "Gender-affirming care" means all medical, surgical, counseling, or referral services, including​ telehealth services, that an individual may receive to support and affirm the individual's gender​ identity or gender expression and that are legal under the laws of this state.​ (c) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes the​ coverages listed in section 62A.011, subdivision 3, clauses (7) and (10).​ 260.925 APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH CARE.​ A law of another state that authorizes a state agency to remove a child from the child's parent​ or guardian because the parent or guardian allowed the child to receive gender-affirming health​ care, as defined in section 543.23, paragraph (b), is against the public policy of this state and must​ not be enforced or applied in a case pending in a court in this state. A court order for the removal​ of a child issued in another state because the child's parent or guardian assisted the child in receiving​ gender-affirming care in this state must not be enforced in this state.​ 543.23 UNENFORCEABLE SUBPOENAS.​ (a) No subpoena shall be issued and no foreign subpoena shall be recognized in this state in a​ criminal or civil matter if the subpoena is related to a violation of another state's laws when the​ other state's laws are designed to interfere with an individual's right to receive gender-affirming​ health care. Failure to comply with a subpoena seeking information related to a person or entity​ allowing or assisting a child or an adult to receive gender-affirming health care when the information​ is being requested to enforce another state's laws that allow a civil or criminal action to be brought​ against a person for allowing or providing gender-affirming health care must not be the basis for​ contempt under section 588.01.​ (b) "Gender-affirming health care" means medically necessary health care or mental health care​ that respects the gender identity of the patient, as experienced and defined by the patient, and that​ may include but is not limited to:​ (1) interventions to suppress the development of endogenous secondary sex characteristics;​ (2) interventions to align the patient's appearance or physical body with the patient's gender​ identity;​ (3) interventions to alleviate the patient's symptoms of clinically significant distress resulting​ from gender dysphoria as defined in the current version of the Diagnostic and Statistical Manual​ of Mental Disorders; and​ (4) developmentally appropriate exploration and integration of the patient's gender identity,​ reduction of the patient's distress, adaptive coping, and strategies to increase family acceptance of​ the patient's gender identity.​ 1R​ APPENDIX​ Repealed Minnesota Statutes: 25-03218​