Plain English Breakdown
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SF4980 • 2026
Certain uses of public land by homeless individuals penalties prohibition provision, criminal proceedings affirmative defense provision, and civil remedies provision
Certain uses of public land by homeless individuals penalties prohibition provision, criminal proceedings affirmative defense provision, and civil remedies provision
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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2026-04-07
House
Introduction and first reading
Official Summary Text
Certain uses of public land by homeless individuals penalties prohibition provision, criminal proceedings affirmative defense provision, and civil remedies provision
Current Bill Text
Read the full stored bill text
A bill for an act relating to local government; prohibiting penalties for certain uses of public land by homeless individuals; providing an affirmative defense in criminal proceedings; providing civil remedies; proposing coding for new law in Minnesota Statutes, chapter 609; proposing coding for new law as Minnesota Statutes, chapter 363B. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. new text begin [363B.01] USE OF PUBLIC LAND FOR A LIFE-SUSTAINING ACTIVITY. 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) "Adequate alternative indoor space" means a space that: new text end new text begin (1) is legally and physically accessible to a homeless individual; new text end new text begin (2) does not require a homeless individual to sacrifice a right afforded to them under federal, state, or local law; new text end new text begin (3) is available indefinitely to a homeless individual without cost and does not require daily reapplication; new text end new text begin (4) allows a homeless individual to reside with the homeless individual's spouse, domestic partner, family member, or other designated companion; and new text end new text begin (5) allows a homeless individual to bring pets and other personal possessions into the space. new text end new text begin An adequate alternative indoor space may include a tiny home or other similar structure if the home or structure includes locking doors, appropriate climate control mechanisms based on the location of the home or structure, and sanitary and cooking facilities or is part of a community with common sanitary and cooking facilities. An adequate alternative indoor space may include a permitted parking area that includes sanitary facilities. new text end new text begin (c) "Homeless individual" has the meaning given in section 116L.361, subdivision 5. new text end new text begin (d) "Life-sustaining activity" means moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, and drinking. new text end new text begin (e) "Motor vehicle" has the meaning given in section 168.002, subdivision 18. new text end new text begin (f) "Municipality" means a city, however organized, a county, or a town. new text end new text begin (g) "Public land" means any property that is owned or leased, in whole or in part, by a state or local government entity or any property upon which there is an easement for public use and that is open to the public, including but not limited to plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, underpasses and lands adjacent to roadways, and parks. new text end new text begin (h) "Recreational vehicle" has the meaning given in section 168.002, subdivision 27. new text end new text begin Subd. 2. new text end new text begin Penalties prohibited. new text end new text begin (a) A municipality must not impose a penalty on a homeless individual for a use of public land described in paragraph (b). new text end new text begin (b) A homeless individual may, while on public land: new text end new text begin (1) conduct a life-sustaining activity, unless an adequate alternative indoor space is available; new text end new text begin (2) use and move freely in places of public accommodation, as defined in section 363A.03, subdivision 34; new text end new text begin (3) solicit, share, accept, or offer food, water, or other donations; new text end new text begin (4) store their possessions and enjoy privacy in their personal property to the same degree as property in a private dwelling, which shall not be subject to unreasonable search and seizure; new text end new text begin (5) pray, meditate, worship, or practice religion; new text end new text begin (6) occupy a lawfully parked motor vehicle or a recreational vehicle; and new text end new text begin (7) relocate a motor vehicle being used for a life-sustaining activity before a citation is issued or the vehicle is towed, retrieve items from a towed vehicle, and retrieve the vehicle from storage at a free or reduced rate upon consideration of ability to pay. new text end new text begin Subd. 3. new text end new text begin Enforcement; remedies. new text end new text begin (a) The attorney general has the authority under section 8.31 to investigate and prosecute violations of this section. new text end new text begin (b) An individual aggrieved by a violation of this section may bring a civil action seeking redress in district court. The court may award damages, costs, and disbursements, including reasonable attorney fees, injunctive relief, and any other appropriate equitable relief to a prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney fees in a nonfrivolous action under this section. new text end new text begin Subd. 4. new text end new text begin Local preemption. new text end new text begin This section preempts and supersedes any inconsistent local ordinance, regulation, or rule. new text end new text begin Subd. 5. new text end new text begin Construction. new text end new text begin Nothing in this section authorizes a municipality to interfere with a homeless individual's rights to be free from discrimination based on housing status or to be free from cruel and unusual punishment or displaces any other remedy for violations of a homeless individual's constitutional rights. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2026, and applies to causes of action accruing on or after that date. new text end Sec. 2. new text begin [609.077] DEFENSE; LIFE-SUSTAINING ACTIVITY ON PUBLIC LAND. 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) "Adequate alternative indoor space" has the meaning given in section 363B.05, subdivision 1, paragraph (b). new text end new text begin (c) "Life-sustaining activity" has the meaning given in section 363B.05, subdivision 1, paragraph (d). new text end new text begin Subd. 2. new text end new text begin Defense. new text end new text begin It is an affirmative defense to a charge of violating a statute or an ordinance that criminalizes a life-sustaining activity that an individual did not have access to an adequate alternative indoor space in which to undertake the life-sustaining activity. The availability of an alternative indoor space in a municipality other than the charging municipality is irrelevant to the defense, unless the individual was offered transportation to the space at no cost. Unless the charged individual is represented by counsel, the court must notify the charged individual of the availability of a defense under this section and how to raise it. When an individual raises a defense under this section, there is a rebuttable presumption that an adequate alternative indoor space did not exist and the municipality bears the burden of proving otherwise. new text end