HF 1768

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

A bill for an act
relating to public safety; providing for first- and second-degree sex trafficking;
providing housing and support services for victims of human trafficking, and
technical training for judges, prosecutors, and law enforcement on human
trafficking; increasing public awareness on human trafficking; addressing
Minnesota family investment program eligibility and waivers for human
trafficking victims; appropriating money; amending Minnesota Statutes
2008, sections 256J.08, subdivision 90; 256J.32, subdivisions 4, 8; 256J.42,
subdivision 4; 256J.425, subdivision 3; 256J.521, by adding a subdivision;
256J.575, subdivision 3; 299A.79, subdivisions 2, 3, 4; 299A.795; 609.281,
subdivision 5; 609.321, subdivision 7a, by adding a subdivision; 609.322;
611A.036, subdivision 7; 624.712, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapters 256J; 299A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

HUMAN TRAFFICKING CRIMINAL AND VICTIM PROVISIONS

Section 1.

Minnesota Statutes 2008, section 609.281, subdivision 5, is amended to read:

Subd. 5.

Labor trafficking.

"Labor trafficking" means new text begin :
new text end

new text begin (1) new text end the recruitment, transportation, transfer, harboring, enticement, provision,
obtaining, or receipt of a person by any means, whether a United States citizen or foreign
national, for the purpose of:

deleted text begin (1) deleted text end new text begin (i) new text end debt bondage or forced labor or services;

deleted text begin (2) deleted text end new text begin (ii) new text end slavery or practices similar to slavery; or

deleted text begin (3) deleted text end new text begin (iii) new text end the removal of organs through the use of coercion or intimidation new text begin ; or
new text end

new text begin (2) receiving profit or anything of value, knowing or having reason to know it is
derived from an act described in clause (1).
new text end

Sec. 2.

Minnesota Statutes 2008, section 609.321, subdivision 7a, is amended to read:

Subd. 7a.

Sex trafficking.

"Sex trafficking" means new text begin :
new text end

new text begin (1) new text end receiving, recruiting, enticing, harboring, providing, or obtaining by any means
an individual to aid in the prostitution of the individual new text begin ; or
new text end

new text begin (2) receiving profit or anything of value, knowing or having reason to know it is
derived from an act described in clause (1).
new text end

Sec. 3.

Minnesota Statutes 2008, section 609.321, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Prior qualified human trafficking-related offense. new text end

new text begin A "prior qualified
human trafficking-related offense" means a conviction or delinquency adjudication within
the ten years from the discharge from probation or parole immediately preceding the
current offense for a violation of or an attempt to violate section 609.322, subdivision 1
(prostitution; sex trafficking in the first degree); 609.322, subdivision 1a (prostitution;
sex trafficking in the second degree); 609.282 (labor trafficking); or 609.283 (unlawful
conduct with respect to documents in furtherance of labor or sex trafficking).
new text end

Sec. 4.

Minnesota Statutes 2008, section 609.322, is amended to read:

609.322 SOLICITATION, INDUCEMENT, AND PROMOTION OF
PROSTITUTION new text begin ; SEX TRAFFICKING new text end .

Subdivision 1.

deleted text begin Individuals under age 18 deleted text end new text begin Solicitation, inducement, and
promotion of prostitution; sex trafficking in the first degree new text end .

new text begin (a) new text end Whoever, while
acting other than as a prostitute or patron, intentionally does any of the following may be
sentenced to imprisonment for not more than 20 years or to payment of a fine of not more
than deleted text begin $40,000 deleted text end new text begin $50,000 new text end , or both:

(1) solicits or induces an individual under the age of 18 years to practice prostitution;

(2) promotes the prostitution of an individual under the age of 18 years; or

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18
years new text begin ; or
new text end

new text begin (4) engages in the sex trafficking of an individual under the age of 18 years new text end .

new text begin (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to
imprisonment for not more than 25 years or to payment of a fine of not more than $60,000,
or both, if one or more of the following aggravating factors are present:
new text end

new text begin (1) the offender has committed a prior qualified human trafficking-related offense;
new text end

new text begin (2) the offense involved a sex trafficking victim who suffered bodily harm during
the commission of the offense;
new text end

new text begin (3) the time period that a sex trafficking victim was held in debt bondage or forced
labor or services exceeded 180 days; or
new text end

new text begin (4) the offense involved more than one sex trafficking victim.
new text end

Subd. 1a.

deleted text begin Other offenses deleted text end new text begin Solicitation, inducement, and promotion of
prostitution; sex trafficking in the second degree new text end .

Whoever, while acting other than
as a prostitute or patron, intentionally does any of the following may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than deleted text begin $30,000 deleted text end new text begin
$40,000 new text end , or both:

(1) solicits or induces an individual to practice prostitution; deleted text begin or
deleted text end

(2) promotes the prostitution of an individual; deleted text begin or
deleted text end

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual new text begin ; or
new text end

new text begin (4) engages in the sex trafficking of an individual new text end .

Subd. 1b.

Exceptions.

Subdivisions 1, clause (3), and 1a, clause (3), do not apply to:

(1) a minor who is dependent on an individual acting as a prostitute and who
may have benefited from or been supported by the individual's earnings derived from
prostitution; or

(2) a parent over the age of 55 who is dependent on an individual acting as a
prostitute, who may have benefited from or been supported by the individual's earnings
derived from prostitution, and who did not know that the earnings were derived from
prostitution; or

(3) the sale of goods or services to a prostitute in the ordinary course of a lawful
business.

Subd. 1c.

Aggregation of cases.

Acts by the defendant in violation of any one or
more of the provisions in this section within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of this section; provided that
when two or more offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was committed
for all of the offenses aggregated under this subdivision.

Sec. 5.

Minnesota Statutes 2008, section 611A.036, subdivision 7, is amended to read:

Subd. 7.

Definition.

As used in this section, "violent crime" means a violation or
attempt to violate any of the following: section 609.185 (murder in the first degree);
609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.21
(criminal vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault
in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242
(domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault
by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of residents or patients);
609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure
or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of
an unborn child in the first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the
second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault
of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third
degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282
(labor trafficking); new text begin 609.322 (solicitation, inducement, and promotion of prostitution; sex
trafficking); new text end 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual
conduct in the second degree); 609.344 (criminal sexual conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct
in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of
children to engage in sexual conduct); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.561, subdivision 1, (arson in the first degree;
dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in the first degree;
occupied dwelling or involving an assault); or 609.66, subdivision 1e, paragraph (b),
(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle).

Sec. 6.

Minnesota Statutes 2008, section 624.712, subdivision 5, is amended to read:

Subd. 5.

Crime of violence.

"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in
the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and
aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the
second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth
degree); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to
injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); new text begin 609.322 (solicitation, inducement, and
promotion of prostitution; sex trafficking); new text end 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.486 (commission of crime while wearing or possessing a bullet-resistant vest);
609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a
motor vehicle without the consent of the owner or authorized agent of the owner, theft
involving the taking of property from a burning, abandoned, or vacant building, or from
an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle,
and theft involving the theft of a controlled substance, an explosive, or an incendiary
device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582,
subdivision 1, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or
short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment
and stalking); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and
chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses.

ARTICLE 2

HUMAN TRAFFICKING TRAINING AND PUBLIC AWARENESS

Section 1.

Minnesota Statutes 2008, section 299A.79, subdivision 2, is amended to
read:

Subd. 2.

new text begin Human trafficking new text end training deleted text begin plan deleted text end .

deleted text begin The training plan required in
subdivision 1 must include deleted text end new text begin (a) As used in this section new text end :

deleted text begin (1) methods used in identifying trafficking victims, including preliminary interview
techniques and appropriate interrogation methods; deleted text end

deleted text begin (2) methods for prosecuting traffickers; deleted text end

deleted text begin (3) methods for protecting the rights of trafficking victims, taking into account
the need to consider human rights and special needs of women and children trafficking
victims; and deleted text end

deleted text begin (4) methods for promoting the safety of trafficking victims.
deleted text end

new text begin (1) "governmental agencies" include, at a minimum, state and local health and human
services agencies; law enforcement agencies, prosecutorial offices; and administrative and
state court judges, magistrates, and referees; and
new text end

new text begin (2) "nongovernmental organizations" include nonprofit organizations such as
social service providers, health care providers, emergency shelters, and other nonprofit
organizations that provide services to trafficking victims, including those included under
federal law.
new text end

new text begin (b) The commissioner shall provide governmental agencies and nongovernmental
organizations throughout Minnesota with training on human trafficking in all its forms,
including, but not limited to, sex trafficking, labor trafficking, and human trafficking as
defined under Minnesota and federal law.
new text end

new text begin (c) The training required under paragraph (b) must focus on:
new text end

new text begin (1) Minnesota and federal laws relevant to human trafficking;
new text end

new text begin (2) methods used in identifying victims of human trafficking as defined in Minnesota
and federal law, including preliminary interview techniques and appropriate questioning
methods;
new text end

new text begin (3) methods for prosecuting traffickers under Minnesota and federal law;
new text end

new text begin (4) methods of increasing effective collaboration with nongovernmental
organizations and other relevant social service organizations in the course of investigating
and prosecuting a trafficking case;
new text end

new text begin (5) methods for protecting the rights of victims, taking into account the need to
consider the human rights and specific needs of all women and minor victims, including
American Indian women and girls, and that victims should be treated as victims rather
than criminals; and
new text end

new text begin (6) methods for promoting the safety of victims, including, but not limited to, safety
in the use of the Internet.
new text end

new text begin (d) The commissioner shall develop and deliver training with the input and
participation of appropriate nongovernmental organizations and other relevant
organizations. The commissioner may also contract with outside organizations to assist
with the duties to be performed under this section.
new text end

Sec. 2.

Minnesota Statutes 2008, section 299A.79, subdivision 3, is amended to read:

Subd. 3.

Public awareness initiative.

deleted text begin The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects deleted text end new text begin (a) The commissioner,
in cooperation with appropriate nongovernmental organizations, shall prepare public
awareness programs designed to educate potential victims of human trafficking and their
families about the risks of victimization. Materials must increase public awareness of the
causes of human trafficking, of the solutions to preventing and ending human trafficking,
and of the problems faced by trafficking victims. The public awareness programs must
include, but not be limited to new text end :

(1) new text begin information about new text end the risks of becoming a new text begin sex new text end trafficking victim new text begin , including
information about common recruitment techniques; use of debt bondage, forced labor or
services, and prostitution and other coercive tactics; risk of maltreatment, rape, exposure
to HIV/AIDS, and other sexually transmitted diseases; and psychological harm related to
victimization in trafficking cases new text end ;

(2) deleted text begin common recruitment techniques; use of debt bondage, blackmail, forced labor
and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual
conduct, exposure to sexually transmitted diseases, and psychological harm deleted text end new text begin information
about the risks of engaging in commercial sex, including potential criminal penalties new text end ;

new text begin (3) information about the risks of becoming a labor trafficking victim;
new text end

deleted text begin (3) crime deleted text end new text begin (4) information about new text end victims' rights new text begin in Minnesota new text end ; deleted text begin and deleted text end

deleted text begin (4) deleted text end new text begin (5) methods of new text end reporting deleted text begin recruitment activities involved in trafficking. deleted text end new text begin suspected
recruitment activities; and
new text end

new text begin (6) information about local and national hotlines and available victims' services.
new text end

new text begin (b) The commissioner, in cooperation with other appropriate governmental agencies
and appropriate nongovernmental organizations, shall prepare and disseminate general
public awareness materials to educate the public on the extent of human trafficking in
Minnesota and the United States, and discourage the demand that fosters the exploitation
of persons that leads to trafficking.
new text end

new text begin (c) General public awareness materials under paragraph (b) may include information
on the impact of trafficking on individual victims, aggregate information on trafficking
worldwide and domestically, and warnings of the criminal consequences of engaging in
trafficking as defined under both Minnesota and federal law. These materials may include
pamphlets, brochures, posters, advertisements in mass media, and any other appropriate
media.
new text end

new text begin (d) Materials described in this subdivision may include information on the impact
of trafficking on individual victims. However, any information on the experiences of
individual victims must preserve the privacy of the victim and the victim's family.
new text end

new text begin (e) Materials must be provided in languages other than English, and must be posted
on the Internet and otherwise made generally available. The state demographer shall
determine and report to the commissioner the languages that are common enough in the
state to merit translations.
new text end

new text begin (f) All public awareness programs must be evaluated periodically to ensure their
effectiveness.
new text end

Sec. 3.

Minnesota Statutes 2008, section 299A.79, subdivision 4, is amended to read:

Subd. 4.

Report to legislature.

The commissioner shall report deleted text begin the plan deleted text end new text begin progress
under this section new text end to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal justice policy
and funding by December 15 deleted text begin , 2006 deleted text end new text begin of each year new text end .

ARTICLE 3

TRAFFICKING VICTIM ASSISTANCE

Section 1.

Minnesota Statutes 2008, section 299A.795, is amended to read:

299A.795 TRAFFICKING VICTIM ASSISTANCE.

new text begin Subdivision 1. new text end

new text begin Plan for services. new text end

The commissioner deleted text begin may review the existing
services and facilities to meet trafficking victims' needs and recommend a plan that
would coordinate the services deleted text end new text begin shall develop plans, in consultation with nongovernmental
organizations, for the provision of appropriate services, from governmental and
nongovernmental sources, for victims of human trafficking and any dependents
accompanying the victims, or parents or guardians of minor victims, new text end including, but not
limited to:

(1) deleted text begin medical and mental health services deleted text end new text begin appropriate housing, taking into account the
person's status as a victim of crime, and including safe conditions for sleeping, food, and
personal hygiene new text end ;

(2) deleted text begin housing deleted text end new text begin psychological counseling in a language the victim understands new text end ;

(3) deleted text begin education and job training deleted text end new text begin medical assistance in a language the victim
understands new text end ;

(4) deleted text begin English as a second language deleted text end new text begin child care new text end ;

(5) deleted text begin interpreting services deleted text end new text begin other material assistance as appropriate new text end ;

(6) deleted text begin legal and immigration services deleted text end new text begin employment, educational, language, and training
opportunities new text end ; and

(7) new text begin legal assistance in a language the new text end victim deleted text begin compensation deleted text end new text begin understands new text end .

new text begin Subd. 2. new text end

new text begin Approval. new text end

new text begin Plans developed under this section must be submitted for
approval to appropriate state authorities, which shall also undertake periodic reviews of
the plans and their implementation to ensure compliance with the requirements of this
section and section 299A.7954 and to ensure that all victims are treated with respect for
their human rights and dignity.
new text end

Sec. 2.

new text begin [299A.7954] PROGRAMS FOR TRAFFICKED PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Grants awarded. new text end

new text begin The commissioner shall make grants to units
of local government, Indian tribes, and nonprofit nongovernmental victims' service
organizations to develop, expand, or strengthen victim service programs for victims of
human trafficking and those at risk for human trafficking, including, but not limited to,
sexually exploited youth. Grants must be awarded to carry out the purposes of sections
299A.79 and 299A.795. Grants must be awarded based on the demonstrated need for
trafficking victim support services programs.
new text end

new text begin Subd. 2. new text end

new text begin Program for American Indians. new text end

new text begin The commissioner shall establish at
least one program under this section to provide emergency shelter services, transitional
and permanent housing, and support services to trafficked American Indians. The
commissioner shall grant continuing operating expenses to the program in the same
manner as operating expenses are granted to programs established under subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin (a) Any public or private nonprofit agency may apply
to the commissioner for a grant to provide emergency shelter services, transitional and
permanent housing, and support services to trafficked persons and their children, or
to trafficked youth, or both. Any public or private nonprofit agency may apply to the
commissioner for a grant to provide training, technical assistance, and for the development
and implementation of education programs to increase public awareness of the causes of
human trafficking. Priority must be given to agencies with the most expertise serving the
target populations and existing programs serving the target populations. The application
must be submitted in a form approved by the commissioner, after consultation with the
statewide human trafficking task force established in section 299A.7955, and must include:
new text end

new text begin (1) a proposal for the provision of emergency shelter services, transitional and
permanent housing, and support services to trafficked persons and their children, or to
trafficked youth, or both;
new text end

new text begin (2) a proposed budget;
new text end

new text begin (3) evidence of an ability to integrate into the proposed program the uniform
method of data collection and program evaluation established under sections 611A.33
and 611A.34;
new text end

new text begin (4) evidence of an ability to represent the interests of trafficked persons and their
children, and trafficked youth to local law enforcement agencies, courts, county welfare
agencies, and local boards or departments of health;
new text end

new text begin (5) evidence of an ability to do outreach to unserved and underserved populations
and to provide culturally and linguistically appropriate services; and
new text end

new text begin (6) any other content the commissioner may require after considering the
recommendations of the statewide human trafficking task force.
new text end

new text begin (b) Programs that have been approved for grants in prior years may submit materials,
which indicate changes in items listed in paragraph (a), clauses (1) to (6), to qualify for
renewal funding. Nothing in this subdivision requires programs to submit complete
applications for each year of renewal funding.
new text end

new text begin Subd. 4. new text end

new text begin Duties of grantees. new text end

new text begin (a) Every public or private nonprofit agency that
receives a grant to provide emergency shelter services, transitional and permanent
housing, and support services to trafficked persons and their children or to trafficked youth
shall comply with all requirements of the commissioner related to the administration of
the programs.
new text end

new text begin (b) Grantees shall submit summary data as defined in section 13.02, subdivision 19,
for the purpose of supplementing data on the number of trafficking victims in Minnesota
for the report required by section 299A.785.
new text end

new text begin Subd. 5. new text end

new text begin Classification of data collected by grantees. new text end

new text begin Personal history information
and other information collected, used, or maintained by a grantee from which the identity
or location of any victim of human trafficking may be determined is private data on
individuals, as defined in section 13.02, subdivision 12, and the grantee shall maintain
the data in accordance with the provisions of chapter 13.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... for the fiscal year ending June 30, 2010, is appropriated from the general fund
to the commissioner of public safety to implement Minnesota Statutes, section 299A.7954.
new text end

ARTICLE 4

MINNESOTA FAMILY INVESTMENT PROGRAM

Section 1.

Minnesota Statutes 2008, section 256J.08, subdivision 90, is amended to
read:

Subd. 90.

deleted text begin Severe deleted text end Forms of new text begin human new text end trafficking deleted text begin in persons deleted text end .

deleted text begin "Severe forms of
trafficking in persons" means deleted text end new text begin "Human trafficking" means new text end :

(1) Sex trafficking new text begin :
new text end

new text begin (i) new text end in which a commercial sex act is induced by force, fraud, or coercion, or in
which the person induced to perform the act has not attained 18 years of age new text begin under the
Trafficking Victims Protection Act new text end ; or

deleted text begin (2) deleted text end new text begin (ii) new text end new text begin receiving, recruiting, enticing, harboring, providing, or obtaining by any
means an individual to aid in the prostitution of the individual under section 609.321,
subdivision 7a.
new text end

new text begin (2) Labor trafficking:
new text end

new text begin (i) is new text end the recruitment, harboring, transportation, provision, or obtaining of a person
for labor or services through the use of force, fraud, or coercion for the purposes of
subjection to involuntary servitude, peonage, debt bondage, or slavery deleted text begin . deleted text end new text begin under the
Trafficking Victims Protection Act; or
new text end

new text begin (ii) the recruiting, transporting, transferring, harboring, enticing, providing,
obtaining, or receiving of a person by any means, whether a United States citizen or
foreign national, for the purpose of debt bondage or forced labor or services; slavery
or practices similar to slavery; or the removal of organs through the use of coercion or
intimidation under sections 609.281 to 609.284.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256J.32, subdivision 4, is amended to read:

Subd. 4.

Factors to be verified.

The county agency shall verify the following
at application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of a minor child to caregivers in the assistance unit;

(4) age, if necessary to determine MFIP eligibility;

(5) immigration status;

(6) Social Security number according to the requirements of section 256J.30,
subdivision 12;

(7) income;

(8) self-employment expenses used as a deduction;

(9) source and purpose of deposits and withdrawals from business accounts;

(10) spousal support and child support payments made to persons outside the
household;

(11) real property;

(12) vehicles;

(13) checking and savings accounts;

(14) savings certificates, savings bonds, stocks, and individual retirement accounts;

(15) pregnancy, if related to eligibility;

(16) inconsistent information, if related to eligibility;

(17) burial accounts;

(18) school attendance, if related to eligibility;

(19) residence;

(20) a claim of family violence if used as a basis to qualify for the family violence
waiver;

(21) new text begin a claim of human trafficking if used as a basis to qualify for the human
trafficking waiver under section 256J.546;
new text end

new text begin (22) new text end disability if used as the basis for reducing the hourly participation requirements
under section 256J.55, subdivision 1, or the type of activity included in an employment
plan under section 256J.521, subdivision 2; and

deleted text begin (22) deleted text end new text begin (23) new text end information needed to establish an exception under section 256J.24,
subdivision 9.

Sec. 3.

Minnesota Statutes 2008, section 256J.32, subdivision 8, is amended to read:

Subd. 8.

Personal statement.

The county agency may accept a signed personal
statement from the applicant or participant explaining the reasons that the documentation
requested in subdivision 2 is unavailable as sufficient documentation at the time of
application, recertification, or change related to eligibility only for the following factors:

(1) a claim of family violence if used as a basis to qualify for the family violence
waiver;

(2) new text begin a claim of human trafficking if used as a basis to qualify for the human trafficking
waiver under section 256J.546;
new text end

new text begin (3) new text end information needed to establish an exception under section 256J.24, subdivision
9;

deleted text begin (3) deleted text end new text begin (4) new text end relationship of a minor child to caregivers in the assistance unit;

deleted text begin (4) deleted text end new text begin (5) new text end citizenship status from a noncitizen who reports to be, or is identified
as, a victim of severe forms of trafficking in persons, if the noncitizen reports that
the noncitizen's immigration documents are being held by an individual or group of
individuals against the noncitizen's will. The noncitizen must follow up with the Office
of Refugee Resettlement (ORR) to pursue certification. If verification that certification
is being pursued is not received within 30 days, the MFIP case must be closed and the
agency shall pursue overpayments. The ORR documents certifying the noncitizen's
status as a victim of severe forms of trafficking in persons, or the reason for the delay in
processing, must be received within 90 days, or the MFIP case must be closed and the
agency shall pursue overpayments; and

deleted text begin (5) deleted text end new text begin (6) new text end other documentation unavailable for reasons beyond the control of the
applicant or participant. Reasonable attempts must have been made to obtain the
documents requested under subdivision 2.

Sec. 4.

Minnesota Statutes 2008, section 256J.42, subdivision 4, is amended to read:

Subd. 4.

Victims of family violence new text begin or human trafficking new text end .

Any cash assistance
received by an assistance unit in a month when a caregiver new text begin is a victim of family violence
or human trafficking and the caregiver new text end complied with a safety plan, an alternative
employment plan, or an employment plan under section 256J.521, subdivision 3, does
not count toward the 60-month limitation on assistance.

Sec. 5.

Minnesota Statutes 2008, section 256J.425, subdivision 3, is amended to read:

Subd. 3.

Hard-to-employ participants.

An assistance unit subject to the time
limit in section 256J.42, subdivision 1, is eligible to receive months of assistance under
a hardship extension if the participant who reached the time limit belongs to any of the
following groups:

(1) a person who is diagnosed by a licensed physician, psychological practitioner,
or other qualified professional, as developmentally disabled or mentally ill, and that
condition prevents the person from obtaining or retaining unsubsidized employment;

(2) a person who:

(i) has been assessed by a vocational specialist or the county agency to be
unemployable for purposes of this subdivision; or

(ii) has an IQ below 80 who has been assessed by a vocational specialist or a county
agency to be employable, but not at a level that makes the participant eligible for an
extension under subdivision 4. The determination of IQ level must be made by a qualified
professional. In the case of a non-English-speaking person: (A) the determination must
be made by a qualified professional with experience conducting culturally appropriate
assessments, whenever possible; (B) the county may accept reports that identify an
IQ range as opposed to a specific score; (C) these reports must include a statement of
confidence in the results;

(3) a person who is determined by a qualified professional to be learning disabled,
and the disability severely limits the person's ability to obtain, perform, or maintain
suitable employment. For purposes of the initial approval of a learning disability
extension, the determination must have been made or confirmed within the previous 12
months. In the case of a non-English-speaking person: (i) the determination must be made
by a qualified professional with experience conducting culturally appropriate assessments,
whenever possible; and (ii) these reports must include a statement of confidence in the
results. If a rehabilitation plan for a participant extended as learning disabled is developed
or approved by the county agency, the plan must be incorporated into the employment
plan. However, a rehabilitation plan does not replace the requirement to develop and
comply with an employment plan under section 256J.521; deleted text begin or
deleted text end

(4) a person who has been granted a family violence waiver, and who is complying
with an employment plan under section 256J.521, subdivision 3 new text begin ; or
new text end

new text begin (5) a person who has been granted a human trafficking waiver, and who is complying
with an employment plan under section 256J.521, subdivision 3a new text end .

Sec. 6.

Minnesota Statutes 2008, section 256J.521, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Employment plan; human trafficking waiver. new text end

new text begin (a) A participant
who requests and qualifies for a human trafficking waiver shall develop or revise the
employment plan as specified in this subdivision with a job counselor or county, and
a person trained in human trafficking. The revised or new employment plan must be
approved by the county or the job counselor. The plan may address safety, legal, or
emotional issues and other demands on the family as a result of the human trafficking.
Information in section 256J.515, clauses (1) to (8), must be included as part of the
development of the plan.
new text end

new text begin (b) The primary goal of an employment plan developed under this subdivision is
to ensure the safety of the trafficked person and the person's children. To the extent it is
consistent with ensuring safety, the plan shall also include activities that are designed
to lead to economic stability. An activity is inconsistent with ensuring safety if, in
the opinion of a person trained in human trafficking, the activity would endanger the
safety of the participant or the participant's children. A plan under this subdivision may
not automatically include a provision that requires a participant to obtain an order for
protection or to attend counseling.
new text end

new text begin (c) If at any time there is a disagreement over whether the activities in the plan are
appropriate or whether the participant is not complying with activities in the plan under
this subdivision, the participant must receive the assistance of a person trained in human
trafficking to help resolve the disagreement or noncompliance with the county or job
counselor. If the person trained in human trafficking recommends that the activities are still
appropriate, the county or a job counselor must approve the activities in the plan or provide
written reasons why activities in the plan are not approved and document how denial of
the activities do not endanger the safety of the participant or the participant's children.
new text end

Sec. 7.

new text begin [256J.546] HUMAN TRAFFICKING WAIVER CRITERIA.
new text end

new text begin (a) In order to qualify for a human trafficking waiver, an individual must provide
documentation of past or current human trafficking, which may prevent the individual
from participating in certain employment activities.
new text end

new text begin (b) The following items may be considered acceptable documentation or verification
of human trafficking:
new text end

new text begin (1) police, government agency, or court records;
new text end

new text begin (2) a statement from staff in emergency shelter services, transitional, or permanent
housing or support services with knowledge of the circumstances or credible evidence
that supports the sworn statement;
new text end

new text begin (3) a statement from a sexual assault or domestic violence advocate with knowledge
of the circumstances or credible evidence that supports the sworn statement; or
new text end

new text begin (4) a statement from professionals from whom the applicant or recipient has sought
assistance for the harm suffered from human trafficking.
new text end

new text begin (c) A claim of human trafficking may also be documented by a sworn statement from
the applicant or participant and a sworn statement from any other person with knowledge
of the circumstances or credible evidence that supports the client's statement.
new text end

Sec. 8.

Minnesota Statutes 2008, section 256J.575, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

(a) The following MFIP or diversionary work program (DWP)
participants are eligible for the services under this section:

(1) a participant who meets the requirements for or has been granted a hardship
extension under section 256J.425, subdivision 2 or 3, except that it is not necessary for
the participant to have reached or be approaching 60 months of eligibility for this section
to apply;

(2) a participant who is applying for Supplemental Security Income or Social
Security disability insurance; deleted text begin and
deleted text end

(3) a participant who is a noncitizen who has been in the United States for 12 or
fewer months new text begin ; and
new text end

new text begin (4) a recipient of the human trafficking waiver new text end .

(b) Families must meet all other eligibility requirements for MFIP established in
this chapter. Families are eligible for financial assistance to the same extent as if they
were participating in MFIP.

(c) A participant under paragraph (a), clause (3), must be provided with English as a
second language opportunities and skills training for up to 12 months. After 12 months,
the case manager and participant must determine whether the participant should continue
with English as a second language classes or skills training, or both, and continue to
receive family stabilization services.