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HF3924 • 2026
State and local government participation in federal civil immigration enforcement efforts limited, places where arrests can be made restricted, cause of action for violations of constitutional rights created, denial of education based on immigration status prohibited, other immigration related provisions modified, and money appropriated.
State and local government participation in federal civil immigration enforcement efforts limited, places where arrests can be made restricted, cause of action for violations of constitutional rights created, denial of education based on immigration status prohibited, other immigration related provisions modified, and money appropriated.
Education
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-03-05
House
Introduction and first reading, referred to Judiciary Finance and Civil Law
Official Summary Text
State and local government participation in federal civil immigration enforcement efforts limited, places where arrests can be made restricted, cause of action for violations of constitutional rights created, denial of education based on immigration status prohibited, other immigration related provisions modified, and money appropriated.
Current Bill Text
Read the full stored bill text
A bill for an act relating to immigration; limiting state and local government participation in federal civil immigration enforcement efforts; restricting where certain arrests can be made; creating a cause of action for certain violations of constitutional rights; requiring hospitals to establish and implement policies for interactions with law enforcement agents; providing for enforcement; providing immunity for certain acts; prohibiting denial of an education based on immigration status; providing a civil cause of action when right to education is denied based on immigration status; classifying data; requiring reports; appropriating money; amending Minnesota Statutes 2025 Supplement, sections 13.32, subdivision 5; 181.932, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 120A; 135A; 144; 604; 629; repealing Minnesota Statutes 2024, sections 631.50; 631.51. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: ARTICLE 1 LIMITATIONS ON CIVIL IMMIGRATION ENFORCEMENT Section 1. new text begin [629.80] CIVIL IMMIGRATION ENFORCEMENT; ACTIVITIES PROHIBITED; POLICIES REQUIRED. new text end new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of sections 629.80 to 629.82, the following terms have the meanings given. new text end new text begin (b) "Civil immigration enforcement" means all efforts to: (1) investigate, detect, apprehend, or detain an individual with the purpose of enforcing or executing federal immigration statutes relating to removal, exclusion, or deportation proceedings; deportation or removal orders; or removal from the United States; or (2) assist in the investigation of, or civil arrest of, any persons for the purposes of enforcing federal civil immigration law, including but not limited to violations of United States Code, title 8, sections 1182 and 1227. Civil immigration enforcement does not apply to efforts to assist individuals in applying for immigration benefits or efforts to prevent deportation or removal from the United States. Civil immigration enforcement does not include the enforcement of criminal law. new text end new text begin (c) "Civil immigration warrant" means a document that is not approved or ordered by a judge that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose. Civil immigration warrant includes Form I-200 Warrant for the Arrest of Alien, Form I-203 Order to Detain or Release Alien, Form I-205 Warrant of Removal/Deportation, Form I-286 Notice of Custody Determination, any predecessor or successor form, and all warrants, hits, or requests contained in the Immigration Violator File of the FBI's National Crime Information Center database. new text end new text begin (d) "Federal immigration authority" means an officer, employee, personnel, or agent of a federal agency that is charged with civil immigration enforcement, including but not limited to the United States Immigration and Customs Enforcement and the United States Customs and Border Protection. new text end new text begin (e) "Government personnel" means a person employed by a government unit. new text end new text begin (f) "Government unit" means a state department, agency, commission, council, board, task force, or committee; a constitutional office; a court entity; the Minnesota State Colleges and Universities; a county, statutory or home rule charter city, or town; a school district; a special district; or any other board, commission, district, or authority created under law, local ordinance, or charter provision. new text end new text begin (g) "Judicial warrant" means a warrant based upon probable cause issued by a state or federal judge or federal magistrate judge. new text end new text begin (h) "Public safety agency" means: new text end new text begin (1) a law enforcement agency as defined in section 626.84, subdivision 1, paragraph (f); new text end new text begin (2) a correctional facility as defined in section 241.021, subdivision 1i, including a juvenile facility licensed by the commissioner of human services and subject to section 241.021, subdivision 2; new text end new text begin (3) an agency providing probation services under section 244.19, subdivision 3; and new text end new text begin (4) a public or private entity providing security services to an entity that is controlled by the state of Minnesota, including but not limited to public schools, public universities, health care facilities, drug rehabilitation facilities, and hospitals. new text end new text begin (i) "Public safety personnel" means a person employed by a public safety agency. new text end new text begin Subd. 2. new text end new text begin Purpose. new text end new text begin (a) The purpose of this section is to direct the state of Minnesota's limited resources to matters of greatest concern to state and local government and to protect the safety, well-being, and privacy rights of the people of Minnesota. new text end new text begin (b) The legislature recognizes that the enforcement of federal civil immigration laws is the exclusive purview of the federal government and that the state should not play a role in the enforcement of the federal policies, including but not limited to the use of state, county, and local resources in the detention of individuals not held for criminal or state purposes. new text end new text begin (c) The legislature finds that the resources of the state are better spent on promoting public safety, trust in state government and its institutions, and the privacy of its residents. Trust in state government is central to the public safety and well-being of the people of Minnesota. Public safety and well-being are eroded when state and local government agencies participate in federal civil immigration enforcement efforts, as these actions cause immigrant community members to fear approaching law enforcement to report crimes and deter community members from accessing basic services, including but not limited to health care and public education. new text end new text begin (d) Nothing in this section is intended to hinder, obstruct, or prevent cooperation between the state and the federal government for purposes of detection, investigation, or enforcement of criminal activity. new text end new text begin Subd. 3. new text end new text begin Government restrictions. new text end new text begin (a) A government unit and government personnel must not: new text end new text begin (1) apply for money from the State Criminal Alien Assistance Program, or any program that requires increased information sharing for civil immigration enforcement purposes or that requires any type of immigration enforcement action by government personnel; or new text end new text begin (2) enter into, amend provisions of, or renew any contract, intergovernmental service agreement, or other agreement to house or detain individuals for civil immigration enforcement purposes. new text end new text begin (b) A government unit and the unit's personnel must: new text end new text begin (1) by September 1, 2026, terminate any contract, agreement, or intergovernmental service agreement that authorizes a government unit, government personnel, a public safety agency, or public safety personnel to house or detain any person for civil immigration enforcement purposes; new text end new text begin (2) by September 1, 2026, terminate any provision of an existing contract, agreement, or intergovernmental service agreement that applies to the housing or detention of any person for civil immigration enforcement purposes; and new text end new text begin (3) create written policies to ensure that: new text end new text begin (i) government personnel comply with the obligations in this section; and new text end new text begin (ii) access to any state or local programs or benefits are not unduly restricted based on immigration or citizenship status unless required by federal or state law. new text end new text begin Subd. 4. new text end new text begin Public safety agency restrictions. new text end new text begin (a) A public safety agency and public safety personnel must not: new text end new text begin (1) comply with a detainer, hold, notification, civil immigration warrant, or transfer request from federal immigration authorities; new text end new text begin (2) make, assist in, or participate in any civil immigration enforcement operations, including but not limited to conducting an arrest or detention of any individual for the purpose of enforcing civil immigration law, or the establishment of traffic perimeters or road checkpoints for federal immigration authorities. This paragraph does not apply to any support provided by a public safety agency to an individual or family impacted by federal immigration enforcement, even if the support occurs concurrently with the federal immigration enforcement action; new text end new text begin (3) apply for or receive federal money, or participate in a program or effort, with the purpose of using government personnel to assist or otherwise participate in civil immigration enforcement activities, whether pursuant to United States Code, title 8, section 1357(g), or any other formal or informal law, regulation, policy, or request; new text end new text begin (4) investigate, arrest, stop, or detain a person on the basis of a suspected civil immigration violation, including but not limited to inquiries into a person's citizenship, immigration status, or birthplace; new text end new text begin (5) request or use federal immigration authorities for language assistance, translation, or interpretation during an encounter with public safety or government unit personnel as the result of but not limited to a traffic stop, an investigation or investigatory stop, a 911 call, an arrest, or any legal proceeding; new text end new text begin (6) provide facilities, personnel, assistance, or other access other than that provided to the general public to federal immigration authorities to investigate, interview, or question for the purpose of civil immigration enforcement a person who is detained or otherwise in the care of a public safety agency; new text end new text begin (7) provide access to a database or data that a public safety agency or public safety personnel has access to, whether or not owned or controlled by a governmental unit, to federal immigration authorities if the data will be used for purposes of civil immigration enforcement without a judicial warrant, unless otherwise required by federal law; new text end new text begin (8) transfer care or control of a person in the custody of a public safety agency to federal immigration authorities for the purpose of civil immigration enforcement without a judicial warrant; new text end new text begin (9) notwithstanding the provisions of chapter 13 and unless an individual is being detained for a removable offense under federal immigration law, notify or provide information to federal immigration authorities of an individual's pending release from a public safety agency's control, court dates, or any information about an individual. This information includes but is not limited to address information, vehicle registry information, or other data collected by a government unit, unless required by a judicial warrant or federal law. This restriction does not apply to a request to complete Form I-918 Supplement B, U Nonimmigrant Status Certification; Form I-914 Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons; Form I-854, Inter-Agency Alien Witness and Informant Record; or other request for documentation from a noncitizen victim of a crime; new text end new text begin (10) deny access to a program or benefit relating to work release, including but not limited to the challenge incarceration program under section 244.17 or any other program that provides release from detention, because of the existence of a detainer, civil immigration warrant, or other notifications from federal immigration authorities; or new text end new text begin (11) participate in, or provide access or assistance to, a federal immigration authority to conduct civil immigration enforcement activities at state courthouses, hospitals, health care clinics, churches or other places of worship, or schools without a judicial warrant. new text end new text begin (b) A public safety agency must: new text end new text begin (1) create or amend written policies that reflect the policies in this section; new text end new text begin (2) create a written record of data requests from federal immigration authorities, regardless of whether data or information was shared, and, if data or information was shared with federal immigration authorities, information as to the justification used must also be recorded; new text end new text begin (3) create policies in coordination with government units to ensure that all state and local government offices, public schools, hospitals, and courthouses remain safe and accessible to all Minnesota residents, regardless of immigration or citizenship status; and new text end new text begin (4) ensure compliance with all treaty obligations, including consular notification, and state and federal laws by explaining in writing to any individual committed into the custody of or detained by the public safety agency, with interpretation into another language if requested: new text end new text begin (i) the individual's right to refuse to disclose the individual's nationality, citizenship, country of birth, or immigration status; and new text end new text begin (ii) that disclosure of the individual's nationality, citizenship, country of birth, or immigration status may result in civil or criminal immigration enforcement, including removal from the United States. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end Sec. 2. new text begin [629.81] ENFORCEMENT ACTIONS. new text end new text begin Subdivision 1. new text end new text begin Entities that may enforce this section. new text end new text begin The following individuals and entities may seek relief for a violation of this section or section 629.80 by bringing an action in state district court: new text end new text begin (1) an agency or instrumentality of the state; new text end new text begin (2) a political subdivision of the state or an agency or instrumentality of a political subdivision of the state; new text end new text begin (3) an individual who has suffered injury due to a violation, or that individual's family member or domestic partner; and new text end new text begin (4) an organization or other entity in the state that, as a primary part of its mission, assists, represents, advocates for, or otherwise serves Minnesota residents who are not United States citizens. new text end new text begin Subd. 2. new text end new text begin Definition. new text end new text begin For purposes of this section, "injury" means a grievance or damage arising from a violation of section 13.375, being subject to civil immigration enforcement after a violation of section 629.80, or any other harm suffered as a result of a violation of this section or section 13.375 or 629.80. new text end new text begin Subd. 3. new text end new text begin Defendants. new text end new text begin The party bringing the enforcement action may sue any person or entity that has violated section 629.80, including but not limited to the certification provisions in section 629.80, subdivision 3. new text end new text begin Subd. 4. new text end new text begin Relief. new text end new text begin The court may award the following forms of relief: new text end new text begin (1) to all enforcing parties: new text end new text begin (i) preliminary and equitable relief, including injunctions, as the court determines necessary in order to correct or prevent further violations; and new text end new text begin (ii) reasonable attorney fees and costs; and new text end new text begin (2) to the parties identified in subdivision 1, clause (3): new text end new text begin (i) actual damages, or liquidated damages of $1,000 per violation, whichever is greater; and new text end new text begin (ii) punitive damages upon proof of knowing or reckless disregard of the law. new text end new text begin Subd. 5. new text end new text begin Nonrestriction of other rights. new text end new text begin Nothing in this section restricts the right of a person or class of persons to seek enforcement of this section or section 13.375 or 629.80 under any other statute or common law or to seek any other form of relief available at law or equity. new text end new text begin EFFECTIVE DATE. new text end new text begin Subdivision 4, clause (2), is effective one year after the date of final enactment of Minnesota Statutes, sections 629.80 and 629.81, or the date on which a written policy has been implemented in compliance with Minnesota Statutes, section 629.80, subdivisions 3, paragraph (b), clause (4), and 4, paragraph (b), clause (1), whichever occurs first. new text end Sec. 3. new text begin REPEALER. new text end new text begin Minnesota Statutes 2024, sections 631.50; and 631.51, new text end new text begin are repealed. new text end ARTICLE 2 PROTECT OUR COURTS ACT Section 1. new text begin [629.311] CIVIL ARREST; CERTAIN LOCATIONS. new text end new text begin Subdivision 1. new text end new text begin Title. new text end new text begin This section shall be known as the "Protect Our Courts Act." new text end new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have the meanings given. new text end new text begin (b) "Civil arrest" means an arrest that is not: new text end new text begin (1) for the sole or primary purpose of preparing the person subject to arrest for criminal prosecution for an alleged violation of the criminal law of: new text end new text begin (i) this state, or another state, when a sentence of a term of imprisonment is authorized by law; or new text end new text begin (ii) the United States, when a sentence of a term of imprisonment is authorized by law and when federal law requires an initial appearance before a federal judge, federal magistrate, or other judicial officer pursuant to the Federal Rules of Criminal Procedure that govern initial appearances; or new text end new text begin (2) for contempt of the court in which the court proceeding is taking place or will be taking place. new text end new text begin (c) "Court proceeding" means any appearance in a court of this state before a judge, justice, or referee of this state ordered or scheduled by the judge, justice, or referee, or the filing of papers designed to initiate an appearance before a judge, justice, or referee of this state. new text end new text begin (d) "Family or household member" has the meaning given in section 518B.01, subdivision 1, paragraph (b). new text end new text begin (e) "Judicial warrant" or "judicial order authorizing civil arrest" means an arrest warrant or other judicial order, issued by a judicial officer sitting in the judicial branch of a local or state government or of the federal government, authorizing a civil arrest and issued by the court in which proceedings following such arrest will be heard and determined. new text end new text begin Subd. 3. new text end new text begin Privilege from arrest. new text end new text begin A person duly and in good faith attending a court proceeding in which the person is a party or potential witness, or in which a family or household member is a party or potential witness, is privileged from civil arrest while going to, remaining at, and returning from the place of a court proceeding, unless civil arrest is supported by a judicial warrant or judicial order authorizing civil arrest. new text end new text begin Subd. 4. new text end new text begin Violations. new text end new text begin It is a contempt of the court and false imprisonment for any person to willfully violate subdivision 3 or an order of the court by executing an arrest prohibited by subdivision 3 or willfully assisting an arrest prohibited by subdivision 3. Nothing in this subdivision affects any right or defense of any person, police officer, peace officer, public officer, or any Minnesota judicial branch personnel acting lawfully pursuant to their duty to maintain safety and order in the courts. new text end new text begin Subd. 5. new text end new text begin Civil action. new text end new text begin Regardless of whether a proceeding for contempt of the court pursuant to subdivision 4 has been initiated: new text end new text begin (1) a person described in subdivision 3 may bring a civil action for appropriate equitable and declaratory relief if the person has reasonable cause to believe a violation of this section has occurred or may occur; and new text end new text begin (2) the attorney general may bring a civil action in the name of the people of Minnesota to obtain appropriate equitable and declaratory relief if the attorney general has reasonable cause to believe that a violation of this section has occurred or may occur. new text end new text begin Subd. 6. new text end new text begin Attorney fees. new text end new text begin In any successful action under subdivision 5, a plaintiff or petitioner may recover costs and reasonable attorney fees. new text end new text begin Subd. 7. new text end new text begin Preservation of rights and privileges. new text end new text begin This section must not be construed to narrow, or in any way lessen, any common law or other right or privilege of a person privileged from arrest under this section or otherwise. new text end new text begin Subd. 8. new text end new text begin Immunity from suit. new text end new text begin No action or proceeding may be commenced under this section against the Minnesota judicial branch or any Minnesota judicial branch personnel acting lawfully pursuant to their duty to maintain safety and order in the courts. new text end new text begin Subd. 9. new text end new text begin Certain powers of the courts regarding civil arrests. new text end new text begin In order to maintain access to the court and open judicial proceedings for all persons in their individual capacity and to prevent interference with the needs of judicial administration, a court has the power to issue appropriate judicial orders to protect the privilege from civil arrest. new text end new text begin Subd. 10. new text end new text begin Court rules; report. new text end new text begin (a) In order to maintain access to the court and open judicial proceedings for all persons in their individual capacity and to prevent interference with the needs of judicial administration, the Minnesota judicial branch must promulgate rules to ensure the following: new text end new text begin (1) any representative of a law enforcement agency who, while acting in an official capacity, enters a Minnesota state courthouse intending to observe an individual or take an individual into custody must identify themselves to Minnesota judicial branch personnel and state their specific law enforcement purpose and the proposed enforcement action to be taken. Any representative who has a warrant or order concerning the intended arrest must provide a copy of the warrant or order to court personnel; new text end new text begin (2) any warrant or order concerning an intended enforcement action must be promptly reviewed by a judge or court attorney; new text end new text begin (3) information about any proposed enforcement action must be transmitted to and reviewed by appropriate court system personnel, including the judge presiding over any case involving the subject of that enforcement action; new text end new text begin (4) except in extraordinary circumstances, no arrest may be made by a representative of a law enforcement agency in a courtroom absent leave of the court; new text end new text begin (5) a civil arrest must not be executed inside a Minnesota courthouse except pursuant to a judicial warrant or judicial order authorizing the civil arrest; new text end new text begin (6) an unusual occurrence report must be filed by court system personnel for every enforcement action taken inside the courthouse, including the observation of court proceedings by a representative of a law enforcement agency acting in the person's official capacity; and new text end new text begin (7) copies of all judicial warrants and judicial orders authorizing an arrest and provided to court personnel and rules promulgated under this subdivision must be maintained by the chief administrator in a central record repository, appropriately indexed or filed alphabetically by name. new text end new text begin (b) The chief administrator must publish on the Minnesota judicial branch website and provide to the governor, the speaker of the house, and the majority leader of the senate an annual report compiling statistics, aggregated by county, setting forth the date each judicial warrant or judicial order was signed, the judge and court that issued the judicial warrant or judicial order and the location of that court as shown by the document, the date the judicial warrant or judicial order was presented to counsel, a description of the type of judicial warrant or judicial order, and, to the extent known to court personnel, whether or not an arrest occurred with respect to the warrant and the date and specific location of the arrest. new text end new text begin Subd. 11. new text end new text begin Severability clause. new text end new text begin If any clause, sentence, paragraph, subdivision, or part of this section is adjudged by any court of competent jurisdiction to be invalid, the judgment does not affect, impair, or invalidate the remainder of this section but must be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this section directly involved in the controversy in which the judgment was rendered. It is the intent of the legislature that this section would have been enacted even without the invalid provisions. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end ARTICLE 3 MINNESOTA BIVENS ACT Section 1. Minnesota Statutes 2025 Supplement, section 181.932, subdivision 1, is amended to read: Subdivision 1. Prohibited action. An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because: (1) the employee, or a person acting on behalf of an employee, in good faith, reports a violation, suspected violation, or planned violation of any federal or state law or common law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official; (2) the employee is requested by a public body or office to participate in an investigation, hearing, inquiry; (3) the employee refuses an employer's order to perform an action that the employee has an objective basis in fact to believe violates any state or federal law or rule or regulation adopted pursuant to law, and the employee informs the employer that the order is being refused for that reason; (4) the employee, in good faith, reports a situation in which the quality of health care services provided by a health care facility, organization, or health care provider violates a standard established by federal or state law or a professionally recognized national clinical or ethical standard and potentially places the public at risk of harm; (5) a public employee communicates the findings of a scientific or technical study that the employee, in good faith, believes to be truthful and accurate, including reports to a governmental body or law enforcement official; deleted text begin or deleted text end (6) a state employee communicates information that the employee, in good faith, believes to be truthful and accurate, and that relates to state programs, services, or financing, including but not limited to fraud or misuse within state programs, services, or financing, to: (i) a legislator or the legislative auditor; (ii) a constitutional officer; (iii) an employer; (iv) any governmental body; or (v) a law enforcement official deleted text begin . deleted text end new text begin ; or new text end new text begin (7) an employee discloses or threatens to disclose in good faith any violation of section 604.50. new text end The disclosures protected pursuant to this section do not authorize the disclosure of data otherwise protected by law. Sec. 2. new text begin [604.50] CONSTITUTIONAL RIGHTS VIOLATIONS; CIVIL IMMIGRATION ENFORCEMENT. new text end new text begin Subdivision 1. new text end new text begin Title. new text end new text begin This section shall be known as the "Minnesota Bivens Act." new text end new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have the meanings given. new text end new text begin (b) "Civil immigration enforcement" includes actions taken related to the enforcement of an immigration action, including but not limited to the enforcement of: new text end new text begin (1) a warrant of arrest; new text end new text begin (2) an order to detain or release aliens; new text end new text begin (3) a notice of custody determination, notice to appear, or removal order; new text end new text begin (4) a warrant of removal; or new text end new text begin (5) any other document issued by the office of Immigration Customs Enforcement that can form the basis for an individual's arrest or detention for a civil immigration enforcement purpose. new text end new text begin Civil immigration enforcement does not include any criminal warrants issued upon a judicial determination of probable cause and in compliance with the requirements of the Fourth Amendment to the United States Constitution and the Minnesota Constitution. Civil immigration enforcement does not include an action committed by a law enforcement officer or peace officer that is acting within the officer's powers and duties consistent with Minnesota law. new text end new text begin (c) "Crowd control equipment" includes, but is not limited to, kinetic impact projectiles; compressed air launchers, such as PLS and FN303; oleoresin capsicum spray, CS gas, CN gas, or other chemical irritants; 40 millimeter munitions launchers; less-lethal shotguns; less-lethal specialty impact-chemical munitions; controlled noise and light distraction devices; and electronic control weapons. new text end new text begin (d) "Facial covering" means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the facial identity of an individual, including, but not limited to, a balaclava, tactical mask, gaiter mask, ski mask, or any similar type of facial covering or face-shielding item. Facial covering does not include a medical grade mask designed to prevent the transmission of diseases; a facial covering designed to protect against exposure to smoke during a state of emergency related to wildfires; or protective gear used by Special Weapons and Tactics (SWAT) team officers necessary to protect their faces from harm while officers perform official SWAT responsibilities. new text end new text begin Subd. 3. new text end new text begin Deprivation of constitutional rights; liability. new text end new text begin (a) Any individual may bring a civil action against any person who, while conducting civil immigration enforcement or related activities, including surveillance, knowingly and intentionally engages in conduct that violates the Minnesota Constitution or the United States Constitution. An individual bringing an action under this section is entitled to general and special damages, injunctive relief, declaratory relief, and punitive damages as provided in section 549.20 and consistent with paragraph (b). new text end new text begin (b) If a plaintiff seeks punitive damages against a defendant who committed a violation of this section and who claims that the defendant acted under color of federal law, Minnesota law, or other state law, the following facts shall be factors in determining punitive damages consistent with section 549.20: new text end new text begin (1) whether the defendant wore a facial covering while committing the violation in order to conceal their identity or to intimidate others; new text end new text begin (2) whether, at the time of the violation, the defendant was a law enforcement officer who failed to identify or disclose that the defendant was a law enforcement officer either verbally or by wearing identifying insignia, such as a badge, agency logo, or patch, or by providing the defendant's name, badge or identification number, and the defendant's employing agency or department; new text end new text begin (3) whether, at the time of the violation, the defendant was a law enforcement officer who was required by state or federal law or regulation or agency policy to wear and use an officer-worn body camera during the violation and failed to do so; new text end new text begin (4) whether the defendant was operating or using a motor vehicle without a license plate, with a non-Minnesota license plate, or with an illegally switched plate; new text end new text begin (5) whether the defendant used crowd control equipment at the time of the violation; or new text end new text begin (6) whether the defendant intentionally violated or failed to comply with any material term or condition of a court order or consent decree that was issued by a court that was in effect at the time of the violation of this act, that applied to the person acting under color of federal law, and that was issued or entered into in part to address or prevent future violations of this section. new text end new text begin (c) Upon motion, a court shall award reasonable attorney fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in any action brought under this section. new text end ARTICLE 4 MINNESOTA HEALTH CARE SANCTITY AND PRIVACY ACT Section 1. new text begin [144.601] HEALTH CARE SANCTITY AND PRIVACY; HOSPITAL POLICY. new text end new text begin Subdivision 1. new text end new text begin Short title. new text end new text begin This section may be cited as the "Health Care Sanctity and Privacy Act." new text end new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have the meanings given. new text end new text begin (b) "Administrative volunteer" means an individual who serves as a volunteer at a hospital in an administrative capacity only. new text end new text begin (c) "Commissioner" means the commissioner of health. new text end new text begin (d) "Health record" has the meaning given in section 144.291, subdivision 2. new text end new text begin (e) "Hospital" means a facility licensed as a hospital under sections 144.50 to 144.56. new text end new text begin (f) "Law enforcement agent" means an agent of federal, state, or local law enforcement authorized to arrest or detain individuals, or manage the custody of detained individuals, for civil immigration enforcement. new text end new text begin (g) "Patient" means an individual who received or is receiving health care services at a hospital on an inpatient or outpatient basis. new text end new text begin (h) "Protected health information" has the meaning given in Code of Federal Regulations, title 45, section 160.103. new text end new text begin Subd. 3. new text end new text begin Policy required. new text end new text begin By December 1, 2026, each hospital must adopt and implement a policy regarding interactions with law enforcement agents. A policy required under this subdivision must include at least the following: new text end new text begin (1) designation of a contact person or persons for the hospital who must be notified if one or more law enforcement agents are present at the hospital or if a law enforcement agent requests information from the hospital. The hospital's designated contact person or persons must be the hospital's legal counsel, hospital administrator, or other individuals in the hospital's leadership; new text end new text begin (2) procedures for responding to requests for information from a law enforcement agent; new text end new text begin (3) procedures for verifying the identity and authority of law enforcement agents involved in civil immigration activities at the hospital, including but not limited to using best efforts to request and document the first and last name of each law enforcement agent, the name of the law enforcement agency with which each law enforcement agent is affiliated, and the law enforcement agent's badge number for each law enforcement agent presenting with a patient or requesting information about a patient; new text end new text begin (4) procedures for designating space at the hospital for law enforcement agents to remain and wait, considering interests of the public, staff safety, and patient needs, except that a law enforcement agent may access areas of the hospital approved by a designated contact person of the hospital so long as: new text end new text begin (i) the law enforcement agent complies with hospital policies and with state and federal law, including but not limited to having a valid judicial warrant or a court order signed by a judge or magistrate authorizing the law enforcement agent to accompany a patient in the law enforcement agent's custody or otherwise be present in the facility; or new text end new text begin (ii) the law enforcement agent is responding to a request from hospital personnel to address a safety or security issue at the hospital; new text end new text begin (5) procedures to ensure patients are provided with: new text end new text begin (i) a notice of privacy practices in accordance with Code of Federal Regulations, title 45, section 164.520. The notice of privacy practices must be made available in each of the languages spoken by more than five percent of the population living in the geographic area served by the hospital; new text end new text begin (ii) information about a patient's right to request an amendment to the patient's health record and information on how to request that any of the following information in the patient's health record is deleted, redacted, or amended: place of birth; immigration or citizenship status; or information from a patient's birth certificate, passport, permanent resident card, alien registration card, or employment authorization documents; and new text end new text begin (iii) an opportunity, at the earliest reasonable moment, to sign a consent form to permit the hospital to disclose information to parents, guardians, relatives, or other designees of the patient about the patient's health status or hospital admission and discharge status. The hospital must make this consent form available in each of the languages spoken by more than five percent of the population living in the geographic area served by the hospital; new text end new text begin (6) procedures to ensure the hospital releases to a law enforcement agent only health records and protected health information requested by the law enforcement agent in strict accordance with all applicable state and federal laws and regulations, including but not limited to sections 144.291 to 144.298; the Health Insurance Portability and Accountability Act of 1996, as amended; and Code of Federal Regulations, title 45, parts 160 and 164; new text end new text begin (7) for a hospital that releases health records or protected health information to a law enforcement agent, procedures to provide notice of the release to the patient whose health records or protected health information was released; new text end new text begin (8) a procedure for the hospital to release information to a law enforcement agent for the purpose of immigration enforcement to the extent permitted under Code of Federal Regulations, title 45, section 164.512(e) or (f) and in strict compliance with: new text end new text begin (i) a valid, accurate subpoena issued by a federal judge or magistrate; new text end new text begin (ii) a valid, accurate order issued by a federal judge or magistrate; or new text end new text begin (iii) a valid, accurate warrant issued by a federal judge or magistrate. new text end new text begin For a request for information for civil immigration enforcement and regarding a patient whose health care services are covered by medical assistance and who is an alien not lawfully residing in the United States, a hospital must not release more than the following information to a law enforcement agent: the patient's citizenship and immigration status, address, telephone number, date of birth, and Medicaid identification; new text end new text begin (9) procedures to ensure all hospital policies comply with this section; and new text end new text begin (10) a provision prohibiting the hospital or the hospital's agents from retaliating against a patient, employee, or member of the public who files a complaint under subdivision 8. new text end new text begin Subd. 4. new text end new text begin Training. new text end new text begin A hospital must provide training on the policy required under subdivision 3 at least annually, or more frequently if deemed necessary by the hospital, to: new text end new text begin (1) all clinical health care personnel at the hospital, including but not limited to intake personnel, emergency room personnel, and independent contractors who provide clinical services; new text end new text begin (2) hospital security personnel; new text end new text begin (3) the hospital's designated contact person or persons under subdivision 3, clause (1); and new text end new text begin (4) administrative volunteers. new text end new text begin Subd. 5. new text end new text begin Submission to commissioner. new text end new text begin By January 1, 2027, each hospital must submit to the commissioner the hospital's policy adopted under subdivision 3. new text end new text begin Subd. 6. new text end new text begin Notice; immigration rights. new text end new text begin Each hospital must post, in a conspicuous place in the hospital that is accessible to patients, employees, and visitors, a notice about immigration rights and a telephone number that individuals may call to learn about immigration rights. The notice must be made available in each of the languages spoken by more than five percent of the population living in the geographic area served by the hospital. The commissioner must develop and provide to hospitals the notice required under this subdivision. new text end new text begin Subd. 7. new text end new text begin Enforcement; submission to commissioner. new text end new text begin (a) By February 1, 2027, the commissioner must notify a hospital that failed to submit the policy required under subdivision 3 to the commissioner that the hospital must submit the policy within seven business days after receiving the notice. new text end new text begin (b) Notwithstanding section 144.653, subdivision 6, if a hospital fails to submit the policy required under subdivision 3 within seven business days after receiving the notice under paragraph (a), the commissioner may impose a fine on the hospital of up to $500 per day until the hospital submits the policy to the commissioner. new text end new text begin Subd. 8. new text end new text begin Complaint investigation. new text end new text begin The commissioner, through the Office of Health Facility Complaints, must accept, investigate, and respond to complaints from patients, employees, and the public alleging that a hospital failed to comply with the hospital's policy adopted under subdivision 3. new text end new text begin Subd. 9. new text end new text begin Immunity. new text end new text begin Hospital personnel, including but not limited to administrative volunteers, who act in good faith to comply with this section are immune from administrative liability, civil liability, or criminal prosecution that might arise from the action taken. new text end new text begin Subd. 10. new text end new text begin Existing duties. new text end new text begin Nothing in this section negates the duty of hospital personnel to: new text end new text begin (1) file a report under section 260E.06 or 626.557; file a report with a health-related licensing board as defined under section 214.01, subdivision 2, or with the commissioner as required under licensure or registration laws for health professionals; or otherwise file a report as required by law; or new text end new text begin (2) respond to a suspected crime at the hospital. new text end new text begin Subd. 11. new text end new text begin Conflict of laws. new text end new text begin Nothing in this section shall be construed to conflict with federal law or limit the enforcement of federal law. new text end Sec. 2. new text begin APPROPRIATION; HEALTH CARE SANCTITY AND PRIVACY ACT. new text end new text begin $....... in fiscal year 2027 is appropriated from the general fund to the commissioner of health for purposes of Minnesota Statutes, section 144.601. new text end ARTICLE 5 MINNESOTA SAFE SCHOOL ACT Section 1. new text begin [120A.50] DENIAL OF FREE PUBLIC EDUCATION PROHIBITED. new text end new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin The purpose of this section is to secure the right of every child to equal access to a free public education and a school that is safe from intimidation and fear, consistent with the United States Supreme Court decision in Plyler v. Doe , 457 U.S. 202 (1982), which held that it is unconstitutional for a state to deny children a free public education on the basis of immigration status. In order to promote the right to educational equality, as established under the decision in Plyler v. Doe , schools must take steps to protect the integrity of school learning environments for all children so that no parent is discouraged from sending their child to school and no child is discouraged from attending school, including protection from the threat of immigration enforcement or other law enforcement activity on a school campus. new text end new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have the meanings given. new text end new text begin (b) "Citizenship or immigration status" means all matters regarding citizenship of the United States or any other country or the authority or lack thereof to reside in or otherwise to be present in the United States, including an individual's nationality and country of citizenship. new text end new text begin (c) "Law enforcement agent" means a peace officer as defined in section 626.84, subdivision 1, paragraph (c), or a federal law enforcement officer as defined in section 626.77, subdivision 3. Law enforcement agent does not include a school resource officer as defined in section 626.8482. new text end new text begin (d) "Nonjudicial warrant" means any immigration detainer or civil immigration warrant issued by a federal agency. Nonjudicial warrant does not include a search warrant as defined in section 626.05, subdivision 1, or a warrant issued by a judge for the apprehension of a person charged with offenses. new text end new text begin (e) "Prevailing party" includes any party: new text end new text begin (1) who obtains some or all requested relief through a judicial judgment in the party's favor; new text end new text begin (2) who obtains some requested relief through a settlement agreement approved by the court; or new text end new text begin (3) whose pursuit of a nonfrivolous claim was a catalyst for a change in position by the opposing party relative to the relief sought. new text end new text begin (f) "School" means a school district, charter school, or cooperative unit as defined in section 123A.24, subdivision 2. new text end new text begin Subd. 3. new text end new text begin Right to free public education. new text end new text begin (a) No child may be denied a free kindergarten through grade 12 public education while in Minnesota based on the child's actual or perceived immigration status or the actual or perceived citizenship or immigration status of the child's parent or guardian. new text end new text begin (b) A school must not exclude a child from participation in or deny a child the benefits of any program or activity on the grounds of that child's actual or perceived immigration status or the actual or perceived citizenship or immigration status of the child's parent or guardian. new text end new text begin (c) A school must not use policies or procedures or engage in practices that have the effect of excluding a child from participation in or denying the benefits of any program or activity or the effect of excluding participation of the child's parent or guardian from parental engagement activities or programs because of the child's actual or perceived immigration status or the actual or perceived immigration status of the child's parent or guardian. This paragraph applies to any policies, procedures, or practices that violate section 13.375. new text end new text begin Subd. 4. new text end new text begin Required procedures. new text end new text begin By July 1, 2027, a school must develop procedures for reviewing and authorizing requests from law enforcement agents attempting to enter a school or school facility. The procedures must comply with the requirements of subdivision 3, paragraph (a), and at a minimum, include procedures for: new text end new text begin (1) reviewing and contacting a designated authorized person at the school or school facility and the district superintendent's office or school administrative office, who may contact the school's legal counsel, and procedures for that authorized person or legal counsel to review requests to enter a school or school facility, including judicial warrants, nonjudicial warrants, and subpoenas; new text end new text begin (2) monitoring, accompanying, and documenting all interactions with law enforcement agents while on the school's premises; and new text end new text begin (3) notifying and seeking consent from a student's parent or guardian, or from the student if the student is 18 years old or older or emancipated, if a law enforcement agent requests access to a student for immigration enforcement purposes, unless access is in compliance with a judicial warrant or subpoena that restricts the disclosure of the information to the student's parent or guardian. new text end new text begin Subd. 5. new text end new text begin Required policy. new text end new text begin By July 1, 2027, a school must adopt a policy for complying with subdivisions 3 and 4. new text end new text begin Subd. 6. new text end new text begin Civil lawsuit. new text end new text begin (a) Beginning July 1, 2027, any party aggrieved by conduct that violates subdivision 3 or 4 may bring a civil lawsuit. The lawsuit must be brought no later than two years after the violation of subdivision 3 or 4. If the court finds that a violation of subdivision 3 has occurred, the court may award general or special damages. The court may grant injunctive relief or a temporary restraining order, as the court deems appropriate. An action filed pursuant to this section may be commenced in the county where the individual alleging damage or seeking relief resides or in the county where the school is located. new text end new text begin (b) Nothing in this section may be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued. new text end new text begin (c) Upon a motion, a court may award reasonable attorney fees and costs to a plaintiff who is a prevailing party in any action brought under this section. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end ARTICLE 6 MINNESOTA HIGHER EDUCATION IMMIGRATION ENFORCEMENT ACCOUNTABILITY ACT Section 1. new text begin [135A.152] IMMIGRATION ENFORCEMENT POLICY AND PRACTICES. new text end new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin (a) This section applies to the following postsecondary institutions: new text end new text begin (1) institutions governed by the Board of Trustees of the Minnesota State Colleges and Universities; and new text end new text begin (2) private postsecondary institutions that offer in-person courses on a campus located in Minnesota and which are eligible institutions as defined in section 136A.103, paragraph (a), that are participating in the federal program under Title IV of the Higher Education Act of 1965, Public Law 89-329, as amended. new text end new text begin (b) Institutions governed by the Board of Regents of the University of Minnesota are requested to comply with this section. new text end new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have the meanings given. new text end new text begin (b) "Immigration enforcement activity" includes any arrests or detentions conducted by agents or officers of the United States Department of Homeland Security, United States Immigration and Customs Enforcement, or United States Customs and Border Protection or any other individual or entity with the power to arrest or detain individuals or manage custody of detained individuals for purposes of civil immigration enforcement. new text end new text begin (c) "Law enforcement agent" means an agent of a federal, state, or local law enforcement agency authorized with the power to arrest or detain individuals, or manage the custody of detained individuals, for purposes of civil immigration enforcement. Law enforcement agent does not include an agent of a postsecondary institution's police department or campus security department. new text end new text begin Subd. 3. new text end new text begin Student data and information; application to private institutions. new text end new text begin A private postsecondary institution subject to this section must comply with section 13.375 as if it were a government entity. new text end new text begin Subd. 4. new text end new text begin Required procedures. new text end new text begin (a) A postsecondary institution must adopt procedures for reviewing and authorizing requests from a law enforcement agent attempting to enter a postsecondary institution's campus for purposes of civil immigration enforcement. The procedures must, at a minimum, include the following: new text end new text begin (1) procedures for reviewing and contacting a designated person, office, or department at the postsecondary institution or postsecondary institution facility to review requests to enter a postsecondary institution's campus, including judicial warrants or orders, nonjudicial warrants, and subpoenas; new text end new text begin (2) procedures for documenting the activity of a law enforcement agent on the postsecondary institution's campus, including verification of the first and last name, employer or agency, and badge number of the lead law enforcement agent; and new text end new text begin (3) procedures for notifying and seeking consent from any employee or student if a law enforcement agent requests access to a person, property, or information related to an employee or student, unless notification and consent is prohibited by a judicial warrant or subpoena. new text end new text begin (b) A postsecondary institution must adopt procedures designed to: new text end new text begin (1) determine if an immigration enforcement activity is occurring or has occurred on the institution's campus; and new text end new text begin (2) notify students and employees of any confirmed immigration enforcement activity if that activity could adversely impact campus safety or operations. new text end new text begin Subd. 5. new text end new text begin Information posting. new text end new text begin (a) A postsecondary institution must provide information on its website about who employees and students should contact if a law enforcement agent seeks to enter the postsecondary institution campus, enters the postsecondary institution campus, or engages in nonconsensual interactions with members of the postsecondary institution community, including employees or students. new text end new text begin (b) A postsecondary institution shall provide immigration enforcement resources on its website to help students and employees understand their constitutional rights and access immigration-related guidance. This information shall be posted in a clear and easily accessible location on the postsecondary institution's primary website. new text end new text begin Subd. 6. new text end new text begin Protection of rights. new text end new text begin A postsecondary institution must not impede a student or employee from or retaliate against a student or employee for offering, attending, or participating in training on constitutional rights and immigration-related guidance, including, but not limited to, attending know-your-rights training or sharing know-your-rights flyers. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. By ......., a postsecondary institution must adopt the procedures required under subdivision 4 and post all information required under subdivision 5. new text end Sec. 2. new text begin REPORT ON REQUIRED PROCEDURES. new text end new text begin A postsecondary institution must submit to the commissioner of the Office of Higher Education a copy of the procedures developed to implement Minnesota Statutes, section 135A.152, subdivision 4. By ......., the commissioner must compile the submitted policies and report them to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance. new text end ARTICLE 7 IMMIGRATION DATA Section 1. Minnesota Statutes 2025 Supplement, section 13.32, subdivision 5, is amended to read: Subd. 5. Directory information; data on parents. (a) Educational data designated as directory information is public data on individuals to the extent required under federal law. Directory information must be designated pursuant to the provisions of: (1) this subdivision; and (2) United States Code, title 20, section 1232g, and Code of Federal Regulations, title 34, section 99.37, which were in effect on January 3, 2012. (b) When conducting the directory information designation and notice process required by federal law, an educational agency or institution shall give parents and students notice of the right to refuse to let the agency or institution designate specified data about the student as directory information. This notice may be given by any means reasonably likely to inform the parents and students of the right. (c) An educational agency or institution may not designate a student's or parent's home address, telephone number, email address, or other personal contact information as directory information under this subdivision. This paragraph does not apply to a postsecondary institution. (d) When requested, educational agencies or institutions must share personal student or parent contact information and directory information, whether public or private, with the Minnesota Department of Education, as required for federal reporting purposes. (e) When requested, and in accordance with requirements for parental consent in the Code of Federal Regulations, title 34, section 300.622 (b)(2), and part 99, educational agencies or institutions may share personal student or parent contact information and directory information for students served in special education with postsecondary transition planning and services under section 125A.08 , paragraph (b), clause (1), whether public or private, with the Department of Employment and Economic Development, as required for coordination of services to students with disabilities under sections 125A.08 , paragraph (b), clause (1); 125A.023 ; and 125A.027 . (f) Data concerning parents is private data on individuals but may be treated as directory information if the same procedures that are used by a school district to designate student data as directory information under this subdivision are followed, except that a parent's home address, telephone number, email address, or other personal contact information may not be treated as directory information under this subdivision. new text begin (g) An educational agency or institution may not designate a student's or parent's immigration status data, as defined in section 13.375, as directory information under this subdivision. new text end Sec. 2. new text begin [13.375] IMMIGRATION STATUS DATA. new text end new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms have the meanings given. new text end new text begin (b) "Immigration status data" means data on individuals that indicate or otherwise have the effect of identifying that an individual is not, or is likely or suspected not to be, a citizen or national of the United States. new text end new text begin (c) "Judicial warrant" means a warrant based upon probable cause issued by a state or federal judge or federal magistrate judge. new text end new text begin Subd. 2. new text end new text begin Classification; threats to disclose. new text end new text begin (a) Immigration status data are classified as private data on individuals. new text end new text begin (b) A government entity must not threaten to unlawfully disclose immigration status data. new text end new text begin Subd. 3. new text end new text begin Restriction on use; contracts and agreements. new text end new text begin (a) A government entity must not collect, create, receive, maintain, or disseminate immigration status data unless the data are necessary to fulfill or administer a state or local program, investigate or prosecute a state crime, fulfill consular notification requirements under international treaty, or as otherwise required by state or federal law. new text end new text begin (b) Notwithstanding section 138.17, a government entity must destroy any immigration status data it maintains as soon as permissible under state or federal law and as soon as possible for purposes of fulfilling or administering the state or local program for which the data were collected or created. new text end new text begin (c) Section 13.05, subdivision 11, applies to this section except that, for purposes of this section, a "private person" includes any person that is not a government entity, and a "contract" includes any agreement. new text end new text begin Subd. 4. new text end new text begin Any data on individuals; restricting dissemination. new text end new text begin (a) Unless required by federal law, a judicial warrant, or other court order, a government entity must not share or disseminate any data on individuals if the data will be used for civil immigration enforcement, as defined by section 629.80. This paragraph applies regardless of the data's classification and notwithstanding any other state law. Without written certification to the contrary from the federal immigration authority receiving the data, any data on individuals shared or disseminated to a federal immigration authority, as defined by section 629.80, are presumed to be used for civil immigration enforcement. new text end new text begin (b) To ensure compliance with paragraph (a), a government entity that shares data on individuals to a private person other than the subject of the data must require a written certification that the information will not be: new text end new text begin (1) used for civil immigration enforcement; or new text end new text begin (2) be disseminated to a person for use in civil immigration enforcement. new text end new text begin Subd. 5. new text end new text begin Relationship to other federal law. new text end new text begin Nothing in this section may be construed to prohibit or restrict an entity from sending to or receiving from the United States Department of Homeland Security or any other federal, state, or local governmental entity information regarding the citizenship or immigration status of an individual, in accordance with United States Code, title 8, sections 1373 and 1644. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end APPENDIX Repealed Minnesota Statutes: 26-07086 631.50 ALIEN INMATES OR MENTALLY ILL PERSONS; NOTICE TO UNITED STATES IMMIGRATION OFFICERS. When a person who is convicted of a felony or is found to be a person who is mentally ill is committed to the Minnesota Correctional Facility-Stillwater, the Minnesota Correctional Facility-St. Cloud, the county jail, or any other state or county institution which is supported, wholly or in part, by public funds, the chief executive officer, sheriff, or other officer in charge of the state or county institution shall at once inquire into the nationality of the person. If it appears that the person is an alien, the officer shall immediately notify the United States immigration officer in charge of the district in which the correctional facility, jail, or other institution is located of (1) the date of and the reasons for the alien commitment, (2) the length of time for which committed, (3) the country of which the alien is a citizen, and (4) the date on which and the port at which the alien last entered the United States. 631.51 CERTIFIED COPIES OF INDICTMENT OR COMPLAINT FURNISHED TO IMMIGRATION OFFICERS. Upon the official request of a United States immigration officer to a court committing an alien after conviction of a felony, the court administrator of the committing court shall furnish the officer without charge a certified copy of the complaint or indictment, the judgment, sentence, and any other record pertaining to the case of the convicted alien if: (1) the immigration officer is in charge of the district or territory in which the court is located; and (2) the state or county institution is supported, in whole or in part, by public funds.