1.1 	A bill for an act
1.2 	relating to public safety; encouraging legal immigration; establishing a human 
1.3 	trafficking task force; increasing penalties for trafficking crimes; increasing 
1.4 	penalties for unlawful acts relating to drivers' licenses; creating the crime of 
1.5 	fraudulent identification cards; establishing a Minnesota illegal immigration 
1.6 	enforcement team to implement an illegal immigration strategy; requiring law 
1.7 	enforcement to collect citizenship and immigration status data; requiring the 
1.8 	Bureau of Criminal Apprehension to maintain a citizenship and immigration data 
1.9 	field in the bureau's criminal history database; requiring the Bureau of Criminal 
1.10 	Apprehension superintendent to periodically supply the Minnesota illegal 
1.11 	immigration enforcement team with statistics on crimes committed by individuals 
1.12 	with illegal alien status; providing tax credits for immigrants seeking citizenship; 
1.13 	codifying the administration rule regarding drivers' licenses for temporary 
1.14 	visitors requiring status checks; providing fines against Minnesota employers 
1.15 	who violate federal immigration law governing hiring of employees; providing 
1.16 	that tribal identification cards shall be an equivalent form of identification; 
1.17 	requiring the commissioner of public safety to integrate biometric facial 
1.18 	recognition technology with the Minnesota driver's license and identification 
1.19 	card systems; providing criminal penalties for concealing the commission of 
1.20 	crimes by use of encryption, gaining unauthorized access through a computer 
1.21 	to financial personal data, and facilitating access to computer security systems 
1.22 	for purposes of aiding another to commit a crime; prohibiting local governments 
1.23 	from enacting sanctuary laws; appropriating money; amending Minnesota 
1.24 	Statutes 2004, sections 171.01, by adding a subdivision; 171.07, subdivisions 
1.25 	1a, 9, 10; 171.22, subdivision 2; 299C.10, by adding a subdivision; 609.527, by 
1.26 	adding a subdivision; 609.652, subdivisions 1, 3; 609.87, subdivisions 1, 11, 
1.27 	by adding subdivisions; 609.891, subdivisions 1, 3; Minnesota Statutes 2005 
1.28 	Supplement, sections 171.07, subdivisions 1, 3; 299A.78, subdivisions 1, 2, 3; 
1.29 	299C.10, subdivision 1; 299C.11, subdivision 1; 609.282; 609.283; 609.527, 
1.30 	subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 
1.31 	171; 181; 290; 299A; 299C; 609.
1.32 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	ARTICLE 1
2.2 	HUMAN TRAFFICKING TASK FORCE AND PENALTY ENHANCEMENTS

2.3 	Section 1. Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 1, 
2.4 	is amended to read:
2.5 		Subdivision 1.Definitions. For purposes of sections 299A.78 to 299A.785
2.6 	299A.786, the following definitions apply:
2.7 	(a) "Commissioner" means the commissioner of the Department of Public Safety.
2.8 	(b) "Nongovernmental organizations" means nonprofit, nongovernmental 
2.9 	organizations that provide legal, social, or other community services.
2.10 	(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
2.11 	(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
2.12 	(e) "Forced labor or services" has the meaning given in section 609.281, subdivision 
2.13 	4.
2.14 	(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
2.15 	(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision 
2.16 	6.
2.17 	(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
2.18 	(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
2.19 	(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
2.20 	(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking 
2.21 	victim."

2.22 	EFFECTIVE DATE. This section is effective July 1, 2006.

2.23 	Sec. 2. Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 2, is 
2.24 	amended to read:
2.25 		Subd. 2.General duties. The commissioner of public safety, in cooperation with 
2.26 	local authorities, shall:
2.27 	(1) collect, share, and compile trafficking data among government agencies to assess 
2.28 	the nature and extent of trafficking in Minnesota; and
2.29 	(2) analyze collected data to develop a statewide strategy on human trafficking.

2.30 	Sec. 3. Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 3, is 
2.31 	amended to read:
3.1 		Subd. 3.Outside services. As provided for in section 15.061, the commissioner of 
3.2 	public safety may contract with professional or technical services in connection with the 
3.3 	duties to be performed under section sections299A.785 and 299A.786. The commissioner 
3.4 	may also contract with other outside organizations to assist with the duties to be performed 
3.5 	under section sections299A.785 and 299A.786.

3.6 	Sec. 4. [299A.786] HUMAN TRAFFICKING TASK FORCE; CREATION; 
3.7 	DUTIES.
3.8 		Subdivision 1.Establishment. A human trafficking task force is established to 
3.9 	review the report required under section 299A.785 and develop a statewide strategy on 
3.10 	human trafficking. The members shall receive expense reimbursement as specified in 
3.11 	section 15.059.
3.12 		Subd. 2.Membership. The task force shall consist of the following individuals 
3.13 	or their designees:
3.14 	(1) a representative of the Minnesota County Attorneys Association;
3.15 	(2) a representative of the Bureau of Criminal Apprehension;
3.16 	(3) a representative of the Office of the United States Attorney for the district 
3.17 	of Minnesota;
3.18 	(4) a representative of the Minnesota Sheriffs' Association;
3.19 	(5) a representative of the Minnesota Chiefs of Police Association;
3.20 	(6) a representative of the Department of Public Safety's Office of Justice programs; 
3.21 	and
3.22 	(7) a representative from a nongovernmental organization that provides victim 
3.23 	services.
3.24 		Subd. 3.Duties. The task force shall develop an overall strategy to identify, track, 
3.25 	and prosecute individuals and organizations involved in human trafficking. The strategy 
3.26 	must include provisions for providing training to law enforcement, prosecutors, social 
3.27 	services, and other relevant officials in addressing trafficking.
3.28 		Subd. 4.Report. By February 1, 2007, the commissioner shall report to the chairs 
3.29 	of the senate and house of representatives committees and divisions having jurisdiction 
3.30 	over criminal justice policy and funding a summary of the task force's overall strategy.
3.31 		Subd. 5.Expires. Notwithstanding section 15.059, the task force expires 30 days 
3.32 	after submitting its report as referenced in subdivision 4.

3.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.1 	Sec. 5. Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:
4.2 	609.282 LABOR TRAFFICKING.
4.3 		Subdivision 1.Individuals under age 18. Whoever knowingly engages in the 
4.4 	labor trafficking of an individual who is under the age of 18 is guilty of a crime and 
4.5 	may be sentenced to imprisonment for not more than 20 years or to payment of a fine of 
4.6 	not more than $40,000, or both.
4.7 		Subd. 2.Other offenses. Whoever knowingly engages in the labor trafficking of 
4.8 	another is guilty of a crime and may be sentenced to imprisonment for not more than 15 
4.9 	years or to payment of a fine of not more than $30,000, or both. 
4.10 		Subd. 3.Consent or age of victim not a defense. In a prosecution under this 
4.11 	section the consent or age of the victim is not a defense.

4.12 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
4.13 	committed on or after that date.

4.14 	Sec. 6. Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:
4.15 	609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN 
4.16 	FURTHERANCE OF LABOR OR SEX TRAFFICKING.
4.17 		Subdivision 1.Crime defined. Unless the person's conduct constitutes a violation 
4.18 	of section 609.282, a person who knowingly destroys, conceals, removes, confiscates, or 
4.19 	possesses any actual or purported passport or other immigration document, or any other 
4.20 	actual or purported government identification document, of another person:
4.21 	(1) in the course of a violation of section 609.282 or 609.322;
4.22 	(2) with intent to violate section 609.282 or 609.322; or
4.23 	(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, 
4.24 	a person's liberty to move or travel, in order to maintain the labor or services of that person, 
4.25 	when the person is or has been a victim of a violation of section 609.282 or 609.322;
4.26 	is guilty of a crime and may be sentenced to imprisonment for not more than five years or 
4.27 	to payment of a fine of not more than $10,000, or both as provided in subdivision 2. 
4.28 		Subd. 2.Penalties. A person who violates subdivision 1 may be sentenced as 
4.29 	follows:
4.30 	(1) if the crime involves a victim under the age of 18, to imprisonment for not more 
4.31 	than ten years or to payment of a fine of $20,000, or both; or
4.32 	(2) in other cases,  to imprisonment for not more than five years or to payment of 
4.33 	a fine of not more than $10,000, or both.
5.1 		Subd. 3.Consent or age of victim not a defense. In a prosecution under this 
5.2 	section the consent or age of the victim is not a defense.

5.3 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
5.4 	committed on or after that date.

5.5 	ARTICLE 2
5.6 	FRAUDULENT IDENTITY DOCUMENTS

5.7 	Section 1. Minnesota Statutes 2004, section 171.22, subdivision 2, is amended to read:
5.8 		Subd. 2.Penalties. Any person who violates subdivision 1, clause (1), (3), (7), or 
5.9 	(8), is guilty of a gross misdemeanor. Any person who violates any other provision of 
5.10 	subdivision 1 is guilty of a misdemeanor.

5.11 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
5.12 	committed on or after that date.

5.13 	Sec. 2. Minnesota Statutes 2005 Supplement, section 609.527, subdivision 1, is 
5.14 	amended to read:
5.15 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
5.16 	meanings given them in this subdivision.
5.17 	(b) "Direct victim" means any person or entity described in section 611A.01, 
5.18 	paragraph (b), whose identity has been transferred, used, or possessed in violation of 
5.19 	this section.
5.20 	(c) "False pretense" means any false, fictitious, misleading, or fraudulent information 
5.21 	or pretense or pretext depicting or including or deceptively similar to the name, logo, Web 
5.22 	site address, e-mail address, postal address, telephone number, or any other identifying 
5.23 	information of a for-profit or not-for-profit business or organization or of a government 
5.24 	agency, to which the user has no legitimate claim of right.
5.25 	(d) "Identification document" means any document or card issued to an individual 
5.26 	by a government agency or by the authority of a government agency containing the name 
5.27 	of a person and a description of the person or the person's photograph, or both, including 
5.28 	any of the following: a passport, visa, birth certificate, military identification card, Social 
5.29 	Security card, driver's license, or an identification card.
5.30 	(e) "Identity" means any name, number, or data transmission that may be used, alone 
5.31 	or in conjunction with any other information, to identify a specific individual or entity, 
5.32 	including any of the following:
6.1 	(1) a name, Social Security number, date of birth, official government-issued 
6.2 	driver's license or identification number, government passport number, or employer or 
6.3 	taxpayer identification number;
6.4 	(2) unique electronic identification number, address, account number, or routing 
6.5 	code; or
6.6 	(3) telecommunication identification information or access device.
6.7 	(e)(f) "Indirect victim" means any person or entity described in section 611A.01, 
6.8 	paragraph (b), other than a direct victim.
6.9 	(f)(g) "Loss" means value obtained, as defined in section 609.52, subdivision 1, 
6.10 	clause (3), and expenses incurred by a direct or indirect victim as a result of a violation 
6.11 	of this section.
6.12 	(g)(h) "Unlawful activity" means:
6.13 	(1) any felony violation of the laws of this state or any felony violation of a similar 
6.14 	law of another state or the United States; and
6.15 	(2) any nonfelony violation of the laws of this state involving theft, theft by swindle, 
6.16 	forgery, fraud, or giving false information to a public official, or any nonfelony violation 
6.17 	of a similar law of another state or the United States.

6.18 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
6.19 	committed on or after that date.

6.20 	Sec. 3. Minnesota Statutes 2004, section 609.527, is amended by adding a subdivision 
6.21 	to read:
6.22 		Subd. 5b.Fraudulent identification cards; crime. A person who (1) knowingly 
6.23 	possesses, displays, or uses any false, fictitious, fraudulent, or altered identification 
6.24 	document, or (2) displays or represents as one's own an identification document not issued 
6.25 	to that person, is guilty of a gross misdemeanor.

6.26 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
6.27 	committed on or after that date.

6.28 	Sec. 4. Minnesota Statutes 2004, section 609.652, subdivision 1, is amended to read:
6.29 		Subdivision 1.Definitions. For purposes of this section:
6.30 	(1) "driver's license or identification card" means a driver's license or identification 
6.31 	card issued by the Driver and Vehicle Services Division of the Department of Public 
6.32 	Safety or receipts issued by its authorized agents or those of any state as defined in section  
6.33 	171.01 that issues licenses recognized in this state for the operation of a motor vehicle 
7.1 	or that issues identification cards recognized in this state for the purpose of indicating a 
7.2 	person's legal name and age, or any government-issued identification card, including a 
7.3 	passport, visa, birth certificate, Social Security card, or military identification card; 
7.4 	(2) "fraudulent driver's license or identification card" means a document purporting 
7.5 	to be a driver's license or identification card, but that is not authentic; and
7.6 	(3) "sell" means to sell, barter, deliver, exchange, distribute, or dispose of to another.

7.7 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
7.8 	committed on or after that date.

7.9 	Sec. 5. Minnesota Statutes 2004, section 609.652, subdivision 3, is amended to read:
7.10 		Subd. 3.Penalties. (a) A person who commits any act described in subdivision 2 
7.11 	is guilty of a gross misdemeanor felony and may be sentenced to imprisonment for not 
7.12 	more than two years or to payment of a fine of not more than $10,000, or both. A person 
7.13 	convicted of a second or subsequent offense of this subdivision may be sentenced to 
7.14 	imprisonment for not more than five years or to payment of a fine of not more than 
7.15 	$10,000 $20,000, or both.
7.16 	(b) If the crime committed in subdivision 2 involves more than three identities, the 
7.17 	statutory maximum for the crime is five years longer than the statutory maximum for the 
7.18 	underlying crime.

7.19 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
7.20 	committed on or after that date.

7.21 	ARTICLE 3
7.22 	PROOF OF IDENTITY AND RESIDENCE

7.23 	Section 1. [171.025] PROOF OF IDENTITY AND RESIDENCY.
7.24 		Subdivision 1.Proof of residency required at time of application. Proof of 
7.25 	residency is required at the time of application for an initial license or Minnesota 
7.26 	identification card. The applicant must attest to a residence address in Minnesota and 
7.27 	demonstrate proof of either lawful short-term admission to the United States, permanent 
7.28 	United States resident status, indefinite authorized presence status, or United States 
7.29 	citizenship.
7.30 		Subd. 2.Proof of residency at renewal or replacement. (a) Proof of residency is 
7.31 	required at the time of  application for renewal or replacement of a license or Minnesota 
7.32 	identification card. 
8.1 	(b) A person with permanent United States resident  status, indefinite authorized 
8.2 	presence status, or United States  citizenship must attest to a residence address in 
8.3 	Minnesota. 
8.4 	(c) A person with lawful short-term admission to the United States must attest to a 
8.5 	residence address in Minnesota  and provide proof of lawful short-term admission status to 
8.6 	the United States.
8.7 		Subd. 3.Documents not sufficient to prove residency. The  presentation of a 
8.8 	driver's license, permit, or identification  card from another jurisdiction or another United 
8.9 	States state is  not acceptable as proof of permanent United States resident  status, indefinite 
8.10 	authorized presence status, lawful short-term admission to the United States, or United 
8.11 	States citizenship. 
8.12 		Subd. 4.Documents sufficient to prove residency. To  demonstrate permanent 
8.13 	United States resident status, indefinite  authorized presence status, lawful short-term 
8.14 	admission, or United States citizenship, an applicant must attest to a Minnesota residence 
8.15 	address on the application form and present a document specified in Minnesota Rules, part 
8.16 	7410.0400, subpart 1 or 2, and successor rules.  If the document presented to demonstrate 
8.17 	lawful short-term admission  does not indicate a date that the admission period ends 
8.18 	or if the date has been extended, the applicant must present additional documentation 
8.19 	issued under the authority of the United States Department of Justice or the United States 
8.20 	Department of Homeland Security that indicates the duration of  the applicant's lawful 
8.21 	short-term admission status. 
8.22 		Subd. 5.Evidence required when name changed. If there  has been a change 
8.23 	in the individual's legal full name as it  appears on the presented document specified in 
8.24 	subdivision 4, the individual must also present evidence of a change of name as  specified 
8.25 	in Minnesota Rules, part 7410.0500, and successor rules. 
8.26 		Subd. 6.Lawful short-term admission status. (a) If the lawful admission period 
8.27 	indicated on the  federal primary document presented expires in 30 days or more  from the 
8.28 	date of application for the license or Minnesota identification card, the applicant shall be 
8.29 	issued a license or Minnesota identification card with a status  check date that coincides 
8.30 	with the projected expiration date of the lawful admission period on  the federal primary 
8.31 	document presented. 
8.32 	(b) If the lawful admission period indicated on a  presented federal primary document 
8.33 	specified in Minnesota Rules, part 7410.0400,  subpart 2, and successor rules, expires in 
8.34 	less than 30 days from the date of  application for the license or Minnesota identification 
8.35 	card, the applicant shall be informed at the time  of application that no license or Minnesota 
9.1 	identification card will be issued.  If application is made, a  receipt for the license or 
9.2 	Minnesota identification card  will be issued. 
9.3 	(c) The department shall  not issue a license or Minnesota identification card if  an 
9.4 	individual has no lawful admission status to the United  States.
9.5 	(d) A status check date that  coincides with the projected expiration date of the lawful 
9.6 	admission period indicated on the federal primary document presented or on the additional 
9.7 	documentation that indicates the duration of the applicant's lawful short-term admission 
9.8 	status shall be indicated on the license or Minnesota identification card issued. 
9.9 		Subd. 7.Reissuance.  (a) A license or Minnesota identification card shall be reissued 
9.10 	with a new status check  date if the applicant presents an employment authorization card or 
9.11 	notice of action issued by the United States Department of Justice or the United  States 
9.12 	Department of Homeland Security to indicate extension of  the lawful admission period.                        
9.13 	(b)  If the applicant presents an accepted application  from the United States 
9.14 	Department of Justice or the United  States Department of Homeland Security for an 
9.15 	extension of or  change in the federal lawful admission period, the  license or Minnesota 
9.16 	identification card will be reissued with a  status check date extension of six months from 
9.17 	the date of the  federal receipt for the extension or change. 
9.18 	(1) The state document shall be reissued for a second six-month period if the 
9.19 	applicant presents a subsequent federal document or information indicating a decision by 
9.20 	the federal government on the extension or change of status is still pending.  
9.21 	(2) After one year, any extension request or a dispute regarding the status check date 
9.22 	shall  be handled through a request for a variance under Minnesota Rules, part 7410.0600, 
9.23 	and successor rules. 
9.24 	(c) If the applicant presents a subsequent federal  document indicating permanent 
9.25 	United States resident status,  indefinite authorized presence status, or United States 
9.26 	citizenship, a license or Minnesota identification card  will be reissued without a status 
9.27 	check date. 
9.28 		Subd. 8.Cancellation; denial. (a) Pursuant to sections 171.04 and 171.14, the 
9.29 	commissioner shall  cancel a license or Minnesota identification card: 
9.30 	 (1)  on the status check date unless the state document  holder presents federal proof 
9.31 	of extension of the lawful  admission period or a receipt from the United States Department 
9.32 	of Justice or the United States Department of Homeland Security  for an application for 
9.33 	an extension or change of the lawful  admission status; or 
9.34 	(2)  when the department receives notice from the  United States Department of 
9.35 	Justice or the United States  Department of Homeland Security that the individual has 
9.36 	been deported. 
10.1 		Subd. 9. Cancellation order.  (a) At least seven days before  the status check date, 
10.2 	the document holder shall be issued a  cancellation order indicating that the license or 
10.3 	Minnesota identification card is canceled.  The notice shall be sent by  first class mail to 
10.4 	the address shown on department records.
10.5 	(b) The notice required under paragraph (a) shall contain: 
10.6 	(1) the person's full name;
10.7 	(2) the person's date of birth; 
10.8 	(3) the person's unique state document number; 
10.9 	(4) the person's current address from the  department record; and
10.10 	(5) the date the order is mailed.
10.11 	(c) The notice required under paragraph (a) shall indicate application may be made 
10.12 	for a new license or Minnesota identification card if  the individual can present proof to the 
10.13 	department of current  authorized legal presence in the United States. 
10.14 	(d) The notice required under paragraph (a) shall specify that an administrative 
10.15 	review of the cancellation may be requested by the document  holder under Minnesota 
10.16 	Rules, part 7409.4600, and successor rules.
10.17 		Subd. 10.Administrative review. An administrative review  of the cancellation 
10.18 	of the state document or the denial to issue  a state document under this section shall be 
10.19 	conducted under Minnesota Rules, part 7409.4600, and successor rules.
10.20 		Subd. 11.Fees. (a) A state document holder who applies for an  extension or 
10.21 	removal of the status check date on the license or Minnesota identification card before 
10.22 	expiration of the status  check date shall not be charged a fee for reissuance of the  state 
10.23 	document if there is no change to the address or name on  the state document.
10.24 	(b) If the status check date on the license or Minnesota identification card has 
10.25 	expired and the applicant  presents federal documentation indicating an extended lawful 
10.26 	admission period or application for an extension or change, the  applicant must pay the fee 
10.27 	for a duplicate card as specified in section 171.06. 
10.28 	(c) The applicant must pay the fee as  specified in section 171.06 when the applicant's 
10.29 	license or Minnesota identification card  expires. 
10.30 		Subd. 12. Variance. The requirements of this section are subject to variance under 
10.31 	Minnesota Rules, part 7410.0600, and successor rules. 

10.32 	Sec. 2. [171.072] TRIBAL IDENTIFICATION CARD.
10.33 	(a) Notwithstanding any law to the contrary, wherever in Minnesota Statutes 
10.34 	or Minnesota Rules a Minnesota identification card is deemed an acceptable form of 
10.35 	identification, a tribal identification card shall be an equivalent form of identification.
11.1 	(b) For purposes of this section, "tribal identification card" means an unexpired 
11.2 	identification card issued by the tribal government of a tribe recognized by the Bureau of 
11.3 	Indian Affairs, United States Department of the Interior, that contains the name, signature, 
11.4 	and picture of the individual.

11.5 	ARTICLE 4
11.6 	FACIAL RECOGNITION TECHNOLOGY

11.7 	Section 1. Minnesota Statutes 2004, section 171.01, is amended by adding a 
11.8 	subdivision to read:
11.9 		Subd. 31a.Facial recognition technology. "Facial recognition technology" refers 
11.10 	to a biometric system for verifying or authenticating an individual's identity from an 
11.11 	analysis of key, distinguishing features of the individual's face. 

11.12 	Sec. 2. Minnesota Statutes 2005 Supplement, section 171.07, subdivision 1, is 
11.13 	amended to read:
11.14 		Subdivision 1.License; contents. (a) Upon the payment of the required fee, the 
11.15 	department shall issue to every qualifying applicant a license designating the type or class 
11.16 	of vehicles the applicant is authorized to drive as applied for. This license must bear a 
11.17 	distinguishing number assigned to the licensee; the licensee's full name, date of birth, and 
11.18 	residence address; a description of the licensee in a manner as the commissioner deems 
11.19 	necessary; and the usual signature of the licensee. No license is valid unless it bears 
11.20 	the usual signature of the licensee. Every license must bear a colored photograph or an 
11.21 	electronically produced image of the licensee. Images taken of driver's license applicants 
11.22 	after July 1, 2006, must be compatible for use with facial recognition technology.
11.23 	(b) If the United States Postal Service will not deliver mail to the applicant's 
11.24 	residence address as listed on the license, then the applicant shall provide verification from 
11.25 	the United States Postal Service that mail will not be delivered to the applicant's residence 
11.26 	address and that mail will be delivered to a specified alternate mailing address. When an 
11.27 	applicant provides an alternate mailing address under this subdivision, the commissioner 
11.28 	shall use the alternate mailing address in lieu of the applicant's residence address for 
11.29 	all notices and mailings to the applicant.
11.30 	(c) Every license issued to an applicant under the age of 21 must be of a 
11.31 	distinguishing color and plainly marked "Under-21."
11.32 	(d) The department shall use processes in issuing a license that prohibit, as nearly as 
11.33 	possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a 
11.34 	photograph or electronically produced image on a license, without ready detection.
12.1 	(e) A license issued to an applicant age 65 or over must be plainly marked "senior" if 
12.2 	requested by the applicant.

12.3 	Sec. 3. Minnesota Statutes 2004, section 171.07, subdivision 1a, is amended to read:
12.4 		Subd. 1a.Filing photograph or image; data classification. The department shall 
12.5 	file, or contract to file, all photographs or electronically produced images obtained in the 
12.6 	process of issuing drivers' licenses or Minnesota identification cards, compatible for use 
12.7 	with the department's facial recognition technology. The photographs or electronically 
12.8 	produced images shall be are classified as private data pursuant to section  13.02, 
12.9 	subdivision 12. Notwithstanding section  13.04, subdivision 3, the department shallis not 
12.10 	be required to provide copies of photographs or electronically produced images to data 
12.11 	subjects. The use of the files is restricted: 
12.12 	(1) to the issuance and control of drivers' licenses;
12.13 	(2) for law enforcement purposes in the investigation and prosecution of crimes, 
12.14 	as defined in section 609.02, subdivision 1, and including, but not limited to, identity 
12.15 	theft and fraud; and
12.16 	(3) for child support enforcement purposes under section  256.978. 

12.17 	Sec. 4. Minnesota Statutes 2005 Supplement, section 171.07, subdivision 3, is 
12.18 	amended to read:
12.19 		Subd. 3.Identification card; fee. (a) Upon payment of the required fee, the 
12.20 	department shall issue to every qualifying applicant a Minnesota identification card. The 
12.21 	department may not issue a Minnesota identification card to an individual who has a 
12.22 	driver's license, other than a limited license. The card must bear a distinguishing number 
12.23 	assigned to the applicant; a colored photograph or an electronically produced image of the 
12.24 	applicant; the applicant's full name, date of birth, and residence address; a description 
12.25 	of the applicant in the manner as the commissioner deems necessary; and the usual 
12.26 	signature of the applicant. Images taken of Minnesota identification card applicants must 
12.27 	be compatible with the department's facial recognition technology. 
12.28 	(b) If the United States Postal Service will not deliver mail to the applicant's 
12.29 	residence address as listed on the Minnesota identification card, then the applicant shall 
12.30 	provide verification from the United States Postal Service that mail will not be delivered 
12.31 	to the applicant's residence address and that mail will be delivered to a specified alternate 
12.32 	mailing address. When an applicant provides an alternate mailing address under this 
12.33 	subdivision, the commissioner shall use the alternate mailing address in lieu of the 
12.34 	applicant's residence address for all notices and mailings to the applicant.
13.1 	(c) Each identification card issued to an applicant under the age of 21 must be of a 
13.2 	distinguishing color and plainly marked "Under-21."
13.3 	(d) Each Minnesota identification card must be plainly marked "Minnesota 
13.4 	identification card - not a driver's license."
13.5 	(e) The fee for a Minnesota identification card is 50 cents when issued to a person 
13.6 	who is mentally retarded, as defined in section 252A.02, subdivision 2; a physically 
13.7 	disabled person, as defined in section 169.345, subdivision 2; or, a person with mental 
13.8 	illness, as described in section 245.462, subdivision 20, paragraph (c).

13.9 	Sec. 5. Minnesota Statutes 2004, section 171.07, subdivision 9, is amended to read:
13.10 		Subd. 9.Improved security. (a) The commissioner shall develop new drivers' 
13.11 	licenses and identification cards, to be issued beginning January 1, 1994, that must be as 
13.12 	impervious to alteration as is reasonably practicable in their design and quality of material 
13.13 	and technology. The driver's license security laminate shall be made from materials not 
13.14 	readily available to the general public. The design and technology employed must enable 
13.15 	the driver's license and identification card to be subject to two or more methods of visual 
13.16 	verification capable of clearly indicating the presence of tampering or counterfeiting. 
13.17 	The driver's license and identification card must not be susceptible to reproduction by 
13.18 	photocopying or simulation and must be highly resistant to data or photograph substitution 
13.19 	and other tampering.
13.20 	(b) To protect against identity theft or other fraud or related crime, the commissioner 
13.21 	shall implement the use of facial recognition technology and establish a database of 
13.22 	photographs or electronic images of applicants for drivers' licenses or Minnesota 
13.23 	identification cards. The technology and database must be compatible for use with 
13.24 	databases maintained by the Bureau of Criminal Apprehension.
13.25 	(c) For original or renewed drivers' licenses and identification cards issued after 
13.26 	June 30, 2006, to ensure the accuracy of the database, the commissioner shall require that 
13.27 	the applicant's identity and residency be documented according to Minnesota Rules, 
13.28 	parts 7410.0100 to 7410.0600, or successor rules. The commissioner may enter into 
13.29 	agreements with other states, the federal government, law enforcement agencies, national 
13.30 	organizations of public safety, or motor vehicle regulators for secure and confidential 
13.31 	sharing of identification data and similar information and technology, subject to the data 
13.32 	privacy requirements of subdivision 1a. The commissioner may enter into agreements 
13.33 	with any public or private organization or agency to receive identification data and 
13.34 	identification verification information, which may include, but are not limited to, limited 
13.35 	liability or hold harmless agreements.

14.1 	Sec. 6. Minnesota Statutes 2004, section 171.07, subdivision 10, is amended to read:
14.2 		Subd. 10.Agreement with other agency. (a) The commissioner of public safety 
14.3 	is authorized to enter into agreements with other agencies to issue cards to clients of 
14.4 	those agencies for use in their programs. The cards may be issued to persons who do not 
14.5 	qualify for a Minnesota driver's license or do not provide evidence of name and identity as 
14.6 	required by rule for a Minnesota identification card. After June 30, 2006, the cards may be 
14.7 	issued according to subdivision 9, paragraph (c), and only after the commissioner has an 
14.8 	electronic image of each individual participating on behalf of the client. The image must 
14.9 	be compatible with the department's facial recognition technology and entered into the 
14.10 	database established under subdivision 9. Persons issued cards under this subdivision will 
14.11 	meet theany other identification verification requirements of the contracting agency.
14.12 	(b) The interagency agreement may include provisions for the payment of the county 
14.13 	fee provided in section  171.061, subdivision 4, and the actual cost to manufacture the 
14.14 	card and any costs associated with ensuring the compatibility with the department's facial 
14.15 	recognition technology. 
14.16 	(c) Cards issued under this subdivision are not Minnesota identification cards for the 
14.17 	purposes defined in sections  48.512,  201.061,  201.161,  340A.503, and  604.113. 

14.18 	Sec. 7. EFFECTIVE DATE.
 14.19 	Sections 1 to 6 are effective July 1, 2006. 

14.20 	ARTICLE 5
14.21 	CITIZENSHIP TAX CREDIT

14.22 	Section 1. [290.0677] CITIZENSHIP CREDIT.
14.23 		Subdivision 1.Credit. A taxpayer who is not a dependent as defined in sections 151 
14.24 	and 152 of the Internal Revenue Code is allowed a credit against the tax imposed by this 
14.25 	chapter in the amount of qualified citizenship expenses incurred for a qualified individual.
14.26 		Subd. 2.Limitations on credit. The maximum credit allowed a taxpayer and the 
14.27 	taxpayer's spouse under this section is $300 per year. The credit is not allowed if the sum 
14.28 	of a taxpayer's income and taxpayer's spouse's income, as defined in section 290.067, 
14.29 	subdivision 2a, exceeds $30,000. For a taxpayer who is not a Minnesota resident for the 
14.30 	entire year, the maximum credit must be allocated using the percentage calculated in 
14.31 	section 290.06, subdivision 2c, paragraph (e).
14.32 		Subd. 3.Qualified individual. A "qualified individual" is the taxpayer, the 
14.33 	taxpayer's spouse, or an individual who qualifies as a dependent of the taxpayer under 
14.34 	sections 151 and 152 of the Internal Revenue Code. These individuals are only qualified 
15.1 	individuals from the time the individual submits an I-485 application to register permanent 
15.2 	residence or at the time the individual enters the United States on an immigrant visa, to the 
15.3 	time the individual becomes a naturalized United States citizen.
15.4 		Subd. 4.Qualified citizenship expenses. Qualified citizenship expenses are limited 
15.5 	to:
15.6 	(1) filing fees, including both application and biometric fingerprint fees, paid to 
15.7 	the United States Citizenship and Immigration Services in connection with an N-400 
15.8 	naturalization application for a qualified individual; and 
15.9 	(2) amounts paid for enrollment of a qualified individual over the age of 18 at the 
15.10 	beginning of the year in an English language class offered by a school district in Minnesota 
15.11 	or a school that has been approved as a licensed school by the state of Minnesota.
15.12 		Subd. 5.Credit to be refundable. If the amount of credit that the taxpayer is 
15.13 	eligible to receive under this section exceeds the taxpayer's tax liability under this chapter, 
15.14 	the commissioner of revenue shall refund the excess to the taxpayer.
15.15 		Subd. 6.Appropriation. An amount sufficient to pay the refunds required by this 
15.16 	section is appropriated to the commissioner of revenue from the general fund.

15.17 	EFFECTIVE DATE. This section is effective for tax years beginning after 
15.18 	December 31, 2005.

15.19 	ARTICLE 6
15.20 	PROHIBITING SANCTUARY LAWS

15.21 	Section 1. [299A.695] PREEMPTION OF LOCAL LAW; ILLEGAL 
15.22 	IMMIGRATION.
15.23 		Subdivision 1.Immigration status; prohibiting local governmental interference.
 15.24 	(a) Notwithstanding any other provision of state or local law, a local governmental unit 
15.25 	or official may not prohibit by law, resolution, or ordinance, or in any way restrict any 
15.26 	governmental unit, official, or employee from sending to or receiving from United States 
15.27 	immigration authorities information regarding the citizenship or immigration status, 
15.28 	lawful or unlawful, of any individual.
15.29 	(b) Notwithstanding any other provision of state or local law, no local governmental 
15.30 	unit or local official may prohibit, or in any way restrict, a federal, state, or local 
15.31 	governmental employee from doing any of the following with respect to information 
15.32 	regarding the immigration status, lawful or unlawful, of any individual:
15.33 	(1) inquiring about a person's immigration status;
16.1 	(2) sending immigration information to, or requesting or receiving the information 
16.2 	from, the United States Immigration and Customs Enforcement Agency;
16.3 	(3) maintaining immigration information; and
16.4 	(4) exchanging immigration information with any other federal, state, or local 
16.5 	governmental unit.
16.6 		Subd. 2.Local governmental unit. For purposes of this section, "local 
16.7 	governmental unit" means a county, statutory city, home rule charter city, or town.

16.8 	ARTICLE 7
16.9 	LAW ENFORCEMENT

16.10 	Section 1. [299A.69] ILLEGAL IMMIGRATION ENFORCEMENT.
16.11 		Subdivision 1.Memorandums of understanding. The commissioner of public 
16.12 	safety may enter into memorandums of understanding or otherwise coordinate with the 
16.13 	United States Department of Justice and the United States Department of Homeland 
16.14 	Security to have state law enforcement officers enforce federal immigration laws in the 
16.15 	state. State law enforcement officers designated to enforce federal immigration laws must 
16.16 	participate in the preassignment training established under subdivision 2.
16.17 		Subd. 2.Immigration enforcement training. The commissioner of public safety, 
16.18 	in consultation with representatives of the United States Department of Justice and the 
16.19 	United States Department of Homeland Security, shall develop a course to train state law 
16.20 	enforcement officers to enforce federal immigration laws. The course must comply with 
16.21 	applicable federal training guidelines and cover immigration law, immigrant questioning, 
16.22 	immigrant detention and arrest, civil rights, public complaint procedures, antiracial 
16.23 	profiling procedures, and other topics necessary to prepare state law enforcement officers 
16.24 	to enforce federal immigration laws.
16.25 		Subd. 3.Minnesota illegal immigration enforcement team.  The Minnesota illegal 
16.26 	immigration enforcement team (MIIET) is established. The commissioner of public safety 
16.27 	shall convene and direct the enforcement team. MIIET shall be comprised of at least ten 
16.28 	law enforcement officers who have completed the course the commissioner develops 
16.29 	under subdivision 2. The commissioner shall develop, and use MIIET to implement, an 
16.30 	illegal immigration enforcement strategy for state and local law enforcement agencies. 
16.31 	MIIET shall assist local units of government in investigating and apprehending illegal 
16.32 	immigrants. The team shall focus its time and resources on identifying and apprehending 
16.33 	illegal immigrants who are involved in felony level criminal activity.

17.1 	Sec. 2. Minnesota Statutes 2005 Supplement, section 299C.10, subdivision 1, is 
17.2 	amended to read:
17.3 		Subdivision 1.Required fingerprinting. (a) Sheriffs, peace officers, and 
17.4 	community corrections agencies operating secure juvenile detention facilities shall take 
17.5 	or cause to be taken immediately finger and thumb prints, photographs, distinctive 
17.6 	physical mark identification data, information on any known aliases or street names, 
17.7 	citizenship and immigration status, and other identification data requested or required by 
17.8 	the superintendent of the bureau, of the following:
17.9 	(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, 
17.10 	gross misdemeanor, or targeted misdemeanor;
17.11 	(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent 
17.12 	for, or alleged to have committed felonies or gross misdemeanors as distinguished from 
17.13 	those committed by adult offenders;
17.14 	(3) persons reasonably believed by the arresting officer to be fugitives from justice;
17.15 	(4) persons in whose possession, when arrested, are found concealed firearms or 
17.16 	other dangerous weapons, burglar tools or outfits, high-power explosives, or articles, 
17.17 	machines, or appliances usable for an unlawful purpose and reasonably believed by the 
17.18 	arresting officer to be intended for such purposes;
17.19 	(5) juveniles referred by a law enforcement agency to a diversion program for a 
17.20 	felony or gross misdemeanor offense; and
17.21 	(6) persons currently involved in the criminal justice process, on probation, on 
17.22 	parole, or in custody for the offenses in suspense whom the superintendent of the bureau 
17.23 	identifies as being the subject of a court disposition record which cannot be linked to an 
17.24 	arrest record, and whose fingerprints are necessary in order to maintain and ensure the 
17.25 	accuracy of the bureau's criminal history files, to reduce the number of suspense files, or 
17.26 	to comply with the mandates of section 299C.111, relating to the reduction of the number 
17.27 	of suspense files. This duty to obtain fingerprints for the offenses in suspense at the 
17.28 	request of the bureau shall include the requirement that fingerprints be taken in post-arrest 
17.29 	interviews, while making court appearances, while in custody, or while on any form of 
17.30 	probation, diversion, or supervised release.
17.31 	(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours 
17.32 	the fingerprint records and other identification data specified under paragraph (a) must 
17.33 	be forwarded to the bureau on such forms and in such manner as may be prescribed by 
17.34 	the superintendent.
17.35 	(c) Prosecutors, courts, and probation officers and their agents, employees, and 
17.36 	subordinates shall attempt to ensure that the required identification data is taken on a 
18.1 	person described in paragraph (a). Law enforcement may take fingerprints of an individual 
18.2 	who is presently on probation.
18.3 	(d) For purposes of this section, a targeted misdemeanor is a misdemeanor violation 
18.4 	of section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 
18.5 	609.224 (fifth degree assault), 609.2242 (domestic assault), 609.746 (interference with 
18.6 	privacy), 609.748 (harassment or restraining order violation), or 617.23 (indecent 
18.7 	exposure).

18.8 	Sec. 3. Minnesota Statutes 2004, section 299C.10, is amended by adding a subdivision 
18.9 	to read:
18.10 		Subd. 1b.Citizenship data maintenance requirements. The law enforcement 
18.11 	officer who collects arrestee information under subdivision 1 shall request from 
18.12 	each arrestee primary identification documents to establish the person's citizenship 
18.13 	and immigration status. If the officer is unable to verify an arrestee's citizenship or 
18.14 	immigration status, the officer must contact federal immigration authorities and request 
18.15 	an immigration status check. When transferring identification data to the bureau under 
18.16 	section 299C.11, the sheriff or chief of police shall identify each arrestee's citizenship 
18.17 	and immigration status. If the person is not a United States citizen, arrestee immigration 
18.18 	status must be coded as one of the following:
18.19 	(1) legal immigrant;
18.20 	(2) legal visa-holder;
18.21 	(3) status uncertain; or
18.22 	(4) illegal alien.

18.23 	Sec. 4. Minnesota Statutes 2005 Supplement, section 299C.11, subdivision 1, is 
18.24 	amended to read:
18.25 		Subdivision 1.Identification data other than DNA. (a) Each sheriff and chief of 
18.26 	police shall furnish the bureau, upon such form as the superintendent shall prescribe, with 
18.27 	such finger and thumb prints, photographs, distinctive physical mark identification data, 
18.28 	information on known aliases and street names, citizenship and immigration status data, 
18.29 	and other identification data as may be requested or required by the superintendent of the 
18.30 	bureau, which must be taken under the provisions of section 299C.10. In addition, sheriffs 
18.31 	and chiefs of police shall furnish this identification data to the bureau for individuals found 
18.32 	to have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within 
18.33 	the ten years immediately preceding their arrest. When the bureau learns that an individual 
18.34 	who is the subject of a background check has used, or is using, identifying information, 
19.1 	including, but not limited to, name and date of birth, other than those listed on the criminal 
19.2 	history, the bureau may add the new identifying information to the criminal history when 
19.3 	supported by fingerprints.
19.4 	(b) No petition under chapter 609A is required if the person has not been convicted 
19.5 	of any felony or gross misdemeanor, either within or without the state, within the period 
19.6 	of ten years immediately preceding the determination of all pending criminal actions or 
19.7 	proceedings in favor of the arrested person, and either of the following occurred:
19.8 	(1) all charges were dismissed prior to a determination of probable cause; or
19.9 	(2) the prosecuting authority declined to file any charges and a grand jury did not 
19.10 	return an indictment.
19.11 	Where these conditions are met, the bureau or agency shall, upon demand, return to 
19.12 	the arrested person finger and thumb prints, photographs, distinctive physical mark 
19.13 	identification data, information on known aliases and street names, and other identification 
19.14 	data, and all copies and duplicates of them.
19.15 	(c) Except as otherwise provided in paragraph (b), upon the determination of all 
19.16 	pending criminal actions or proceedings in favor of the arrested person, and the granting 
19.17 	of the petition of the arrested person under chapter 609A, the bureau shall seal finger and 
19.18 	thumb prints, photographs, distinctive physical mark identification data, information on 
19.19 	known aliases and street names, and other identification data, and all copies and duplicates 
19.20 	of them if the arrested person has not been convicted of any felony or gross misdemeanor, 
19.21 	either within or without the state, within the period of ten years immediately preceding 
19.22 	such determination.

19.23 	Sec. 5. [299C.146] CITIZENSHIP AND IMMIGRATION DATA.
19.24 	(a) The superintendent of the Bureau of Criminal Apprehension shall maintain both 
19.25 	a citizenship and immigration data field in the bureau's criminal history database. Each 
19.26 	offender file entered or updated on or after July 1, 2007, must have the citizenship data 
19.27 	field completed and, if the person is not a United States citizen, the immigration data field 
19.28 	completed with one of the following designations: legal immigrant, legal visa-holder, 
19.29 	status uncertain, or illegal alien.
19.30 	(b) To the degree feasible, the superintendent shall maintain, update, and correct 
19.31 	citizenship and immigration information required under section 299C.10, subdivision 
19.32 	1b, and facilitate appropriate law enforcement access to this data. The Minnesota 
19.33 	illegal immigration enforcement team established in section 299A.69 shall assist the 
19.34 	superintendent in development and maintenance of the citizenship data field.
20.1 	(c) The superintendent shall periodically supply the Minnesota illegal immigration 
20.2 	enforcement team with data statistics concerning the number of crimes committed by 
20.3 	individuals with uncertain or illegal alien status as reported to the bureau under section 
20.4 	299C.11, subdivision 1. The enforcement team may use the "status uncertain" designation 
20.5 	as a potential indicator of illegal immigration status during investigations.

20.6 	ARTICLE 8
20.7 	COMPUTER CRIMES

20.8 	Section 1. Minnesota Statutes 2004, section 609.87, subdivision 1, is amended to read:
20.9 		Subdivision 1.Applicability. For purposes of sections  609.87 to  609.89, 609.891
20.10 	and section 609.891  609.8912 to 609.8913, the terms defined in this section have the 
20.11 	meanings given them. 

20.12 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
20.13 	committed on or after that date.

20.14 	Sec. 2. Minnesota Statutes 2004, section 609.87, subdivision 11, is amended to read:
20.15 		Subd. 11.Computer security system. "Computer security system" means a 
20.16 	software program or computer device that:
20.17 	(1) is intended to protect the confidentiality and secrecy of data and information 
20.18 	stored in or accessible through the computer system; and
20.19 	(2) displays a conspicuous warning to a user that the user is entering a secure system 
20.20 	or requires a person seeking access to knowingly respond by use of an authorized code to 
20.21 	the program or device in order to gain access.

20.22 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
20.23 	committed on or after that date.

20.24 	Sec. 3. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
20.25 	to read:
20.26 		Subd. 13.Encryption. "Encryption" means any protective or disruptive measure, 
20.27 	including but not limited to, cryptography, enciphering, or encoding that:
20.28 	(1) causes or makes any data, information, image, program, signal, or sound 
20.29 	unintelligible or unusable; or
20.30 	(2) prevents, impedes, delays, or disrupts access to any data, information, image, 
20.31 	program, signal, or sound.

21.1 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
21.2 	committed on or after that date.

21.3 	Sec. 4. Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision 
21.4 	to read:
21.5 		Subd. 14.Personal data. "Personal data" means any computer property or 
21.6 	computer program which contains records of the employment, salary, credit, or other 
21.7 	financial or personal information relating to another person.

21.8 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
21.9 	committed on or after that date.

21.10 	Sec. 5. Minnesota Statutes 2004, section 609.891, subdivision 1, is amended to read:
21.11 		Subdivision 1.Crime. A person is guilty of unauthorized computer access if the 
21.12 	person intentionally and without authorityauthorization attempts to or does penetrate a 
21.13 	computer security system.

21.14 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
21.15 	committed on or after that date.

21.16 	Sec. 6. Minnesota Statutes 2004, section 609.891, subdivision 3, is amended to read:
21.17 		Subd. 3.Gross misdemeanor. (a) A person who violates subdivision 1 in a manner 
21.18 	that creates a risk to public health and safety is guilty of a gross misdemeanor and may 
21.19 	be sentenced to imprisonment for a term of not more than one year or to payment of 
21.20 	a fine of not more than $3,000, or both.
21.21 	(b) A person who violates subdivision 1 in a manner that compromises the security 
21.22 	of data that are protected under section  609.52, subdivision 2, clause (8), or are not public 
21.23 	data as defined in section  13.02, subdivision 8a, is guilty of a gross misdemeanor and may 
21.24 	be sentenced under paragraph (a). 
21.25 	(c) A person who violates subdivision 1 and gains access to personal data is guilty of 
21.26 	a gross misdemeanor and may be sentenced under paragraph (a).
21.27 	(d) A person who is convicted of a second or subsequent misdemeanor violation of 
21.28 	subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced 
21.29 	under paragraph (a).

21.30 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
21.31 	committed on or after that date.

22.1 	Sec. 7. [609.8912] CRIMINAL USE OF ENCRYPTION.
22.2 		Subdivision 1.Crime. Whoever intentionally uses or attempts to use encryption to 
22.3 	do any of the following is guilty of criminal use of encryption and may be sentenced as 
22.4 	provided in subdivision 2:
22.5 	(1) to commit, further, or facilitate conduct constituting a crime;
22.6 	(2) to conceal the commission of any crime;
22.7 	(3) to conceal or protect the identity of a person who has committed any crime; or
22.8 	(4) to prevent, impede, delay, or disrupt the normal operation or use of another's 
22.9 	computer, computer program, or computer system.
22.10 		Subd. 2.Penalties. (a) A person who violates subdivision 1 may be sentenced 
22.11 	to imprisonment for not more than five years or to payment of a fine of not more than 
22.12 	$10,000, or both, if:
22.13 	(1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or
22.14 	(2) the person has two or more prior convictions for an offense under this section, 
22.15 	section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other states, the United 
22.16 	States, the District of Columbia, tribal lands, and United States territories.
22.17 	(b) A person who violates subdivision 1, under circumstances not described in 
22.18 	paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for 
22.19 	not more than one year or to payment of a fine of not more than $3,000, or both.

22.20 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
22.21 	committed on or after that date.

22.22 	Sec. 8. [609.8913] FACILITATING ACCESS TO A COMPUTER SECURITY 
22.23 	SYSTEM.
22.24 	A person is guilty of a gross misdemeanor if the person knows or has reason to 
22.25 	know that by facilitating access to a computer security system the person is aiding 
22.26 	another who intends to commit a crime and in fact commits a crime. For purposes of this 
22.27 	section, "facilitating access" includes the intentional disclosure of a computer password, 
22.28 	identifying code, personal information number, or other confidential information about a 
22.29 	computer security system which provides a person with the means or opportunity for the 
22.30 	commission of a crime.

22.31 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
22.32 	committed on or after that date.

23.1 	ARTICLE 9
23.2 	EMPLOYMENT VIOLATIONS

23.3 	Section 1. [181.981] EMPLOYER VIOLATION OF FEDERAL IMMIGRATION 
23.4 	LAW.
23.5 		Subdivision 1.Sanctions against a licensed entity. A state agency that licenses 
23.6 	a Minnesota employer may impose a fine or penalty not greater than $5,000 authorized 
23.7 	under the licensing law if the employer has violated a federal immigration law governing 
23.8 	the hiring, retention, recruiting, or referral of employees in Minnesota. In taking action 
23.9 	against the employer under this section, the agency shall use the existing laws and 
23.10 	procedures that govern the agency's authority to take action against the employer. The 
23.11 	commissioner of the Department of Labor and Industry shall coordinate the enforcement 
23.12 	of this section by state agencies.
23.13 		Subd. 2.Violations established. This section applies to violations of federal 
23.14 	immigration law that have been established pursuant to:
23.15 	(1) a final order or fine issued by the United States Immigration and Customs 
23.16 	Enforcement Office;
23.17 	(2) a final order following a hearing conducted by the Office of the Chief 
23.18 	Administrative Hearing Officer, Executive Office for Immigration Review, United States 
23.19 	Department of Justice; or
23.20 	(3) a criminal conviction or settlement.
23.21 		Subd. 3.Definitions. For purposes of this section, the following definitions apply.
23.22 	(a) "Employer" means any person having one or more employees in Minnesota.
23.23 	(b) "License" includes a certification, registration, permit, or other authorization 
23.24 	required for a business or employer to operate in Minnesota.
23.25 	(c) "Person" includes any individual, limited liability company, corporation, 
23.26 	partnership, incorporated or unincorporated association, sole proprietorship, joint stock 
23.27 	company, or any other legal or commercial entity.
23.28 	(d) "State agency" means the state, and any office, officer, department, division, 
23.29 	bureau, board, commissioner, authority, district, or agency of the state, including the 
23.30 	University of Minnesota and the Minnesota State Colleges and Universities system.

23.31 	ARTICLE 10
23.32 	APPROPRIATIONS

23.33 	Section 1. DEPARTMENT OF PUBLIC SAFETY.
 24.1 	$....... is appropriated from the general fund to the commissioner of public safety to 
24.2 	implement the provisions of articles 1 to 4 and 7 for the biennium ending June 30, 2007.

24.3 	Sec. 2. DEPARTMENT OF HEALTH.
 24.4 	$....... is appropriated from the health care access fund to the commissioner of health 
24.5 	for improving health care for immigrant families. $....... of the appropriation shall be used 
24.6 	for perinatal hepatitis B treatment and prevention and $....... for tuberculosis treatment and 
24.7 	case management for immigrants in Minnesota.