Bill
SF 4980
The bill shields homeless individuals from penalties for life-sustaining activities on public land when no adequate indoor space is available, and creates a civil remedy and defens
Purpose
- Establishes protections for homeless individuals related to the use of public land and creates a civil remedy lattice and an affirmative defense in criminal proceedings when life-sustaining activities occur on public land.
Key Provisions
1) Use of Public Land for Life-Sustaining Activities (Chapter 363B)
- Definitions:
- Adequate alternative indoor space: a legally/physically accessible, indefinitely available indoor space without cost, that allows companionship, pets, and personal possessions; may include a tiny home or a parking area with sanitary facilities.
- Life-sustaining activity: activities such as moving, resting, sitting/lying down, eating/drinking, and protecting oneself from the elements.
- Public land: includes government-owned/leased property open to the public (plazas, sidewalks, parks, transit facilities, etc.).
- Homeless individual: as defined in Minnesota law (section 116L.361, subdivision 5).
- Prohibited penalties (Subd. 2):
- Municipalities may not penalize homeless individuals for engaging in life-sustaining activities on public land if no adequate indoor space is available.
- Additional rights include freedom to move, use public accommodations, solicit food/ donations, store possessions with privacy, practice religion, and use a lawfully parked motor vehicle or RV.
- Individuals may relocate a vehicle used for life-sustaining activity, and retrieve items from storage or from a towed vehicle at reduced/free rates, considering ability to pay.
- Enforcement and remedies (Subd. 3):
- Minnesota Attorney General can investigate/prosecute violations of this section.
- Civil action: Aggrieved individuals may sue for damages, costs, injunctive relief, and other equitable relief; prevailing plaintiffs may recover attorney fees, while nonfrivolous actions carry no costs/fees against plaintiffs.
- Local preemption (Subd. 4): This section supersedes inconsistent local ordinances or rules.
- Construction (Subd. 5): Protects against discrimination based on housing status and other constitutional rights protections; does not waive other remedies.
- Effective date: August 1, 2026; applies to causes accruing on/after that date.
2) Life-Sustaining Activity Defense (Chapter 609)
- Defense: It is an affirmative defense in criminal cases charging violations of statutes/ordinances criminalizing life-sustaining activity if the individual did not have access to an adequate indoor space.
- Availability:
- Defense is available even if indoor space is in a different municipality, unless the individual was offered transportation to the space at no cost.
- Courts must inform charged individuals of this defense if they lack counsel.
- Rebuttable presumption: the defense presumes that an adequate indoor space did not exist; the municipality bears the burden of proof otherwise.
Impact and Practical Effects
Notes for Readers
- The bill emphasizes access to adequate indoor space as a key determinant in whether life-sustaining activities on public land may be penalized.
- It seeks to balance humanitarian considerations for homeless individuals with local governance by clarifying rights, defenses, and remedies.
Compiled from official sources — confirm details with the bill’s official record.
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