1.1 	A bill for an act
1.2 	relating to public safety; providing for first- and second-degree sex trafficking; 
1.3 	providing housing and support services for victims of human trafficking, and 
1.4 	technical training for judges, prosecutors, and law enforcement on human 
1.5 	trafficking; increasing public awareness on human trafficking; addressing 
1.6 	Minnesota family investment program eligibility and waivers for human 
1.7 	trafficking victims; appropriating money; amending Minnesota Statutes 
1.8 	2008, sections 256J.08, subdivision 90; 256J.32, subdivisions 4, 8; 256J.42, 
1.9 	subdivision 4; 256J.425, subdivision 3; 256J.521, by adding a subdivision; 
1.10 	256J.575, subdivision 3; 299A.79, subdivisions 2, 3, 4; 299A.795; 609.281, 
1.11 	subdivision 5; 609.321, subdivision 7a, by adding a subdivision; 609.322; 
1.12 	611A.036, subdivision 7; 624.712, subdivision 5; proposing coding for new law 
1.13 	in Minnesota Statutes, chapters 256J; 299A.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	ARTICLE 1
1.16 	HUMAN TRAFFICKING CRIMINAL AND VICTIM PROVISIONS

1.17 	Section 1. Minnesota Statutes 2008, section 609.281, subdivision 5, is amended to read:
1.18 		Subd. 5.Labor trafficking. "Labor trafficking" means:
1.19 	(1)  the recruitment, transportation, transfer, harboring, enticement, provision, 
1.20 	obtaining, or receipt of a person by any means, whether a United States citizen or foreign 
1.21 	national, for the purpose of:
1.22 	(1)(i) debt bondage or forced labor or services;
1.23 	(2)(ii) slavery or practices similar to slavery; or
1.24 	(3)(iii) the removal of organs through the use of coercion or intimidation; or
1.25 	(2) receiving profit or anything of value, knowing or having reason to know it is 
1.26 	derived from an act described in clause (1).

2.1 	Sec. 2. Minnesota Statutes 2008, section 609.321, subdivision 7a, is amended to read:
2.2 		Subd. 7a.Sex trafficking. "Sex trafficking" means:
2.3 	(1) receiving, recruiting, enticing, harboring, providing, or obtaining by any means 
2.4 	an individual to aid in the prostitution of the individual; or
2.5 	(2) receiving profit or anything of value, knowing or having reason to know it is 
2.6 	derived from an act described in clause (1).

2.7 	Sec. 3. Minnesota Statutes 2008, section 609.321, is amended by adding a subdivision 
2.8 	to read:
2.9 		Subd. 13.Prior qualified human trafficking-related offense. A "prior qualified 
2.10 	human trafficking-related offense" means a conviction or delinquency adjudication within 
2.11 	the ten years from the discharge from probation or parole immediately preceding the 
2.12 	current offense for a violation of or an attempt to violate section 609.322, subdivision 1 
2.13 	(prostitution; sex trafficking in the first degree); 609.322, subdivision 1a (prostitution; 
2.14 	sex trafficking in the second degree); 609.282 (labor trafficking); or 609.283 (unlawful 
2.15 	conduct with respect to documents in furtherance of labor or sex trafficking).

2.16 	Sec. 4. Minnesota Statutes 2008, section 609.322, is amended to read:
2.17 	609.322 SOLICITATION, INDUCEMENT, AND PROMOTION OF 
2.18 	PROSTITUTION; SEX TRAFFICKING.
2.19 		Subdivision 1.Individuals under age 18 Solicitation, inducement, and 
2.20 	promotion of prostitution; sex trafficking in the first degree. (a) Whoever, while 
2.21 	acting other than as a prostitute or patron, intentionally does any of the following may be 
2.22 	sentenced to imprisonment for not more than 20 years or to payment of a fine of not more 
2.23 	than $40,000 $50,000, or both:
2.24 	(1) solicits or induces an individual under the age of 18 years to practice prostitution;
2.25 	(2) promotes the prostitution of an individual under the age of 18 years; or
2.26 	(3) receives profit, knowing or having reason to know that it is derived from the 
2.27 	prostitution, or the promotion of the prostitution, of an individual under the age of 18 
2.28 	years; or
2.29 	(4) engages in the sex trafficking of an individual under the age of 18 years.
2.30 	(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to 
2.31 	imprisonment for not more than 25 years or to payment of a fine of not more than $60,000, 
2.32 	or both, if one or more of the following aggravating factors are present:
2.33 	(1) the offender has committed a prior qualified human trafficking-related offense;
3.1 	(2) the offense involved a sex trafficking victim who suffered bodily harm during 
3.2 	the commission of the offense;
3.3 	(3) the time period that a sex trafficking victim was held in debt bondage or forced 
3.4 	labor or services exceeded 180 days; or
3.5 	(4) the offense involved more than one sex trafficking victim.
3.6 		Subd. 1a.Other offenses Solicitation, inducement, and promotion of 
3.7 	prostitution; sex trafficking in the second degree. Whoever, while acting other than 
3.8 	as a prostitute or patron, intentionally does any of the following may be sentenced to 
3.9 	imprisonment for not more than 15 years or to payment of a fine of not more than $30,000
3.10 	$40,000, or both:
3.11 	(1) solicits or induces an individual to practice prostitution; or
3.12 	(2) promotes the prostitution of an individual; or
3.13 	(3) receives profit, knowing or having reason to know that it is derived from the 
3.14 	prostitution, or the promotion of the prostitution, of an individual; or
3.15 	(4) engages in the sex trafficking of an individual.
3.16 		Subd. 1b.Exceptions. Subdivisions 1, clause (3), and 1a, clause (3), do not apply to:
3.17 	(1) a minor who is dependent on an individual acting as a prostitute and who 
3.18 	may have benefited from or been supported by the individual's earnings derived from 
3.19 	prostitution; or
3.20 	(2) a parent over the age of 55 who is dependent on an individual acting as a 
3.21 	prostitute, who may have benefited from or been supported by the individual's earnings 
3.22 	derived from prostitution, and who did not know that the earnings were derived from 
3.23 	prostitution; or
3.24 	(3) the sale of goods or services to a prostitute in the ordinary course of a lawful 
3.25 	business.
3.26 		Subd. 1c.Aggregation of cases. Acts by the defendant in violation of any one or 
3.27 	more of the provisions in this section within any six-month period may be aggregated and 
3.28 	the defendant charged accordingly in applying the provisions of this section; provided that 
3.29 	when two or more offenses are committed by the same person in two or more counties, the 
3.30 	accused may be prosecuted in any county in which one of the offenses was committed 
3.31 	for all of the offenses aggregated under this subdivision.

3.32 	Sec. 5. Minnesota Statutes 2008, section 611A.036, subdivision 7, is amended to read:
3.33 		Subd. 7.Definition. As used in this section, "violent crime" means a violation or 
3.34 	attempt to violate any of the following: section 609.185 (murder in the first degree); 
3.35 	609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
4.1 	(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.21
4.2 	(criminal vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
4.3 	(assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault 
4.4 	in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242
4.5 	(domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault 
4.6 	by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23
4.7 	(mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 
4.8 	609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure 
4.9 	or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
4.10 	(kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of 
4.11 	an unborn child in the first degree); 609.2662 (murder of an unborn child in the second 
4.12 	degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter 
4.13 	of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the 
4.14 	second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault 
4.15 	of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third 
4.16 	degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282
4.17 	(labor trafficking); 609.322 (solicitation, inducement, and promotion of prostitution; sex 
4.18 	trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual 
4.19 	conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 
4.20 	609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct 
4.21 	in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of 
4.22 	children to engage in sexual conduct); 609.377 (malicious punishment of a child); 609.378
4.23 	(neglect or endangerment of a child); 609.561, subdivision 1, (arson in the first degree; 
4.24 	dwelling); 609.582, subdivision 1, paragraph (a) or (c), (burglary in the first degree; 
4.25 	occupied dwelling or involving an assault); or 609.66, subdivision 1e, paragraph (b), 
4.26 	(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle).

4.27 	Sec. 6. Minnesota Statutes 2008, section 624.712, subdivision 5, is amended to read:
4.28 		Subd. 5.Crime of violence. "Crime of violence" means: felony convictions of the 
4.29 	following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in 
4.30 	the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the 
4.31 	first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and 
4.32 	aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the 
4.33 	second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth 
4.34 	degree); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to 
4.35 	injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
5.1 	(kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and 
5.2 	promotion of prostitution; sex trafficking);609.342 (criminal sexual conduct in the first 
5.3 	degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual 
5.4 	conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 
5.5 	609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 
5.6 	609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 
5.7 	609.52 (involving theft of a firearm, theft involving the intentional taking or driving of a 
5.8 	motor vehicle without the consent of the owner or authorized agent of the owner, theft 
5.9 	involving the taking of property from a burning, abandoned, or vacant building, or from 
5.10 	an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle, 
5.11 	and theft involving the theft of a controlled substance, an explosive, or an incendiary 
5.12 	device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582, 
5.13 	subdivision 1, 2, or 3 (burglary in the first through third degrees); 609.66, subdivision 1e
5.14 	(drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or 
5.15 	short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment 
5.16 	and stalking); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and 
5.17 	chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses.

5.18 	ARTICLE 2
5.19 	HUMAN TRAFFICKING TRAINING AND PUBLIC AWARENESS

5.20 	Section 1. Minnesota Statutes 2008, section 299A.79, subdivision 2, is amended to 
5.21 	read:
5.22 		Subd. 2. Human trafficking training plan.  The training plan required in 
5.23 	subdivision 1 must include (a) As used in this section:
5.24 	(1) methods used in identifying trafficking victims, including preliminary interview 
5.25 	techniques and appropriate interrogation methods;
5.26 	(2) methods for prosecuting traffickers;
5.27 	(3) methods for protecting the rights of trafficking victims, taking into account 
5.28 	the need to consider human rights and special needs of women and children trafficking 
5.29 	victims; and
5.30 	(4) methods for promoting the safety of trafficking victims.
5.31 	(1) "governmental agencies" include, at a minimum, state and local health and human 
5.32 	services agencies; law enforcement agencies, prosecutorial offices; and administrative and 
5.33 	state court judges, magistrates, and referees; and
5.34 	(2) "nongovernmental organizations" include nonprofit organizations such as 
5.35 	social service providers, health care providers, emergency shelters, and other nonprofit 
6.1 	organizations that provide services to trafficking victims, including those included under 
6.2 	federal law.
6.3 	(b) The commissioner shall provide governmental agencies and nongovernmental 
6.4 	organizations throughout Minnesota with training on human trafficking in all its forms, 
6.5 	including, but not limited to, sex trafficking, labor trafficking, and human trafficking as 
6.6 	defined under Minnesota and federal law.
6.7 	(c) The training required under paragraph (b) must focus on:
6.8 	(1) Minnesota and federal laws relevant to human trafficking;
6.9 	(2) methods used in identifying victims of human trafficking as defined in Minnesota 
6.10 	and federal law, including preliminary interview techniques and appropriate questioning 
6.11 	methods;
6.12 	(3) methods for prosecuting traffickers under Minnesota and federal law;
6.13 	(4) methods of increasing effective collaboration with nongovernmental 
6.14 	organizations and other relevant social service organizations in the course of investigating 
6.15 	and prosecuting a trafficking case;
6.16 	(5) methods for protecting the rights of victims, taking into account the need to 
6.17 	consider the human rights and specific needs of all women and minor victims, including 
6.18 	American Indian women and girls, and that victims should be treated as victims rather 
6.19 	than criminals; and
6.20 	(6) methods for promoting the safety of victims, including, but not limited to, safety 
6.21 	in the use of the Internet.
6.22 	(d) The commissioner shall develop and deliver training with the input and 
6.23 	participation of appropriate nongovernmental organizations and other relevant 
6.24 	organizations. The commissioner may also contract with outside organizations to assist 
6.25 	with the duties to be performed under this section.

6.26 	Sec. 2. Minnesota Statutes 2008, section 299A.79, subdivision 3, is amended to read:
6.27 		Subd. 3. Public awareness initiative.  The public awareness initiative required in 
6.28 	subdivision 1 must address, at a minimum, the following subjects (a) The commissioner, 
6.29 	in cooperation with appropriate nongovernmental organizations, shall prepare public 
6.30 	awareness programs designed to educate potential victims of human trafficking and their 
6.31 	families about the risks of victimization. Materials must increase public awareness of the 
6.32 	causes of human trafficking, of the solutions to preventing and ending human trafficking, 
6.33 	and of the problems faced by trafficking victims. The public awareness programs must 
6.34 	include, but not be limited to: 
7.1 	(1) information about the risks of becoming a sex trafficking victim, including 
7.2 	information about common recruitment techniques; use of debt bondage, forced labor or 
7.3 	services, and prostitution and other coercive tactics; risk of maltreatment, rape, exposure 
7.4 	to HIV/AIDS, and other sexually transmitted diseases; and psychological harm related to 
7.5 	victimization in trafficking cases; 
7.6 	(2) common recruitment techniques; use of debt bondage, blackmail, forced labor 
7.7 	and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual 
7.8 	conduct, exposure to sexually transmitted diseases, and psychological harm information 
7.9 	about the risks of engaging in commercial sex, including potential criminal penalties;
7.10 	(3) information about the risks of becoming a labor trafficking victim;
7.11 	(3) crime(4) information about victims' rights in Minnesota; and
7.12 	(4)(5) methods of reporting recruitment activities involved in trafficking. suspected 
7.13 	recruitment activities; and
7.14 	(6) information about local and national hotlines and available victims' services.
7.15 	(b) The commissioner, in cooperation with other appropriate governmental agencies 
7.16 	and appropriate nongovernmental organizations, shall prepare and disseminate general 
7.17 	public awareness materials to educate the public on the extent of human trafficking in 
7.18 	Minnesota and the United States, and discourage the demand that fosters the exploitation 
7.19 	of persons that leads to trafficking.
7.20 	(c) General public awareness materials under paragraph (b) may include information 
7.21 	on the impact of trafficking on individual victims, aggregate information on trafficking 
7.22 	worldwide and domestically, and warnings of the criminal consequences of engaging in 
7.23 	trafficking as defined under both Minnesota and federal law. These materials may include 
7.24 	pamphlets, brochures, posters, advertisements in mass media, and any other appropriate 
7.25 	media.
7.26 	(d) Materials described in this subdivision may include information on the impact 
7.27 	of trafficking on individual victims. However, any information on the experiences of 
7.28 	individual victims must preserve the privacy of the victim and the victim's family.
7.29 	(e) Materials must be provided in languages other than English, and must be posted 
7.30 	on the Internet and otherwise made generally available. The state demographer shall 
7.31 	determine and report to the commissioner the languages that are common enough in the 
7.32 	state to merit translations.
7.33 	(f) All public awareness programs must be evaluated periodically to ensure their 
7.34 	effectiveness.

7.35 	Sec. 3. Minnesota Statutes 2008, section 299A.79, subdivision 4, is amended to read:
8.1 		Subd. 4. Report to legislature. The commissioner shall report the planprogress 
8.2 	under this section to the chairs and ranking minority members of the senate and house of 
8.3 	representatives committees and divisions having jurisdiction over criminal justice policy 
8.4 	and funding by December 15, 2006 of each year.

8.5 	ARTICLE 3
8.6 	TRAFFICKING VICTIM ASSISTANCE

8.7 	Section 1. Minnesota Statutes 2008, section 299A.795, is amended to read:
8.8 	299A.795 TRAFFICKING VICTIM ASSISTANCE.
8.9 		Subdivision 1.Plan for services. The commissioner may review the existing 
8.10 	services and facilities to meet trafficking victims' needs and recommend a plan that 
8.11 	would coordinate the servicesshall develop plans, in consultation with nongovernmental 
8.12 	organizations, for the provision of appropriate services, from governmental and 
8.13 	nongovernmental sources, for victims of human trafficking and any dependents 
8.14 	accompanying the victims, or parents or guardians of minor victims, including, but not 
8.15 	limited to:
8.16 	(1) medical and mental health services appropriate housing, taking into account the 
8.17 	person's status as a victim of crime, and including safe conditions for sleeping, food, and 
8.18 	personal hygiene;
8.19 	(2) housing psychological counseling in a language the victim understands;
8.20 	(3) education and job training medical assistance in a language the victim 
8.21 	understands; 
8.22 	(4) English as a second language child care;
8.23 	(5) interpreting services other material assistance as appropriate;
8.24 	(6) legal and immigration services employment, educational, language, and training 
8.25 	opportunities; and
8.26 	(7) legal assistance in a language the victim compensation understands.
8.27 		Subd. 2.Approval. Plans developed under this section must be submitted for 
8.28 	approval to appropriate state authorities, which shall also undertake periodic reviews of 
8.29 	the plans and their implementation to ensure compliance with the requirements of this 
8.30 	section and section 299A.7954 and to ensure that all victims are treated with respect for 
8.31 	their human rights and dignity.

8.32 	Sec. 2. [299A.7954] PROGRAMS FOR TRAFFICKED PERSONS.
8.33 		Subdivision 1.Grants awarded. The commissioner shall make grants to units 
8.34 	of local government, Indian tribes, and nonprofit nongovernmental victims' service 
9.1 	organizations to develop, expand, or strengthen victim service programs for victims of 
9.2 	human trafficking and those at risk for human trafficking, including, but not limited to, 
9.3 	sexually exploited youth. Grants must be awarded to carry out the purposes of sections 
9.4 	299A.79 and 299A.795. Grants must be awarded based on the demonstrated need for 
9.5 	trafficking victim support services programs.
9.6 		Subd. 2.Program for American Indians. The commissioner shall establish at 
9.7 	least one program under this section to provide emergency shelter services, transitional 
9.8 	and permanent housing, and support services to trafficked American Indians. The 
9.9 	commissioner shall grant continuing operating expenses to the program in the same 
9.10 	manner as operating expenses are granted to programs established under subdivision 1.
9.11 		Subd. 3.Application. (a) Any public or private nonprofit agency may apply 
9.12 	to the commissioner for a grant to provide emergency shelter services, transitional and 
9.13 	permanent housing, and support services to trafficked persons and their children, or 
9.14 	to trafficked youth, or both. Any public or private nonprofit agency may apply to the 
9.15 	commissioner for a grant to provide training, technical assistance, and for the development 
9.16 	and implementation of education programs to increase public awareness of the causes of 
9.17 	human trafficking. Priority must be given to agencies with the most expertise serving the 
9.18 	target populations and existing programs serving the target populations. The application 
9.19 	must be submitted in a form approved by the commissioner, after consultation with the 
9.20 	statewide human trafficking task force established in section 299A.7955, and must include:
9.21 	(1) a proposal for the provision of emergency shelter services, transitional and 
9.22 	permanent housing, and support services to trafficked persons and their children, or to 
9.23 	trafficked youth, or both;
9.24 	(2) a proposed budget;
9.25 	(3) evidence of an ability to integrate into the proposed program the uniform 
9.26 	method of data collection and program evaluation established under sections 611A.33 
9.27 	and 611A.34;
9.28 	(4) evidence of an ability to represent the interests of trafficked persons and their 
9.29 	children, and trafficked youth to local law enforcement agencies, courts, county welfare 
9.30 	agencies, and local boards or departments of health;
9.31 	(5) evidence of an ability to do outreach to unserved and underserved populations 
9.32 	and to provide culturally and linguistically appropriate services; and
9.33 	(6) any other content the commissioner may require after considering the 
9.34 	recommendations of the statewide human trafficking task force.
9.35 	(b) Programs that have been approved for grants in prior years may submit materials, 
9.36 	which indicate changes in items listed in paragraph (a), clauses (1) to (6), to qualify for 
10.1 	renewal funding. Nothing in this subdivision requires programs to submit complete 
10.2 	applications for each year of renewal funding.
10.3 		Subd. 4.Duties of grantees. (a) Every public or private nonprofit agency that 
10.4 	receives a grant to provide emergency shelter services, transitional and permanent 
10.5 	housing, and support services to trafficked persons and their children or to trafficked youth 
10.6 	shall comply with all requirements of the commissioner related to the administration of 
10.7 	the programs.
10.8 	(b) Grantees shall submit summary data as defined in section 13.02, subdivision 19, 
10.9 	for the purpose of supplementing data on the number of trafficking victims in Minnesota 
10.10 	for the report required by section 299A.785.
10.11 		Subd. 5.Classification of data collected by grantees. Personal history information 
10.12 	and other information collected, used, or maintained by a grantee from which the identity 
10.13 	or location of any victim of human trafficking may be determined is private data on 
10.14 	individuals, as defined in section 13.02, subdivision 12, and the grantee shall maintain 
10.15 	the data in accordance with the provisions of chapter 13.

10.16 	Sec. 3. APPROPRIATION.
 10.17 	$....... for the fiscal year ending June 30, 2010, is appropriated from the general fund 
10.18 	to the commissioner of public safety to implement Minnesota Statutes, section 299A.7954.

10.19 	ARTICLE 4
10.20 	MINNESOTA FAMILY INVESTMENT PROGRAM

10.21 	Section 1. Minnesota Statutes 2008, section 256J.08, subdivision 90, is amended to 
10.22 	read:
10.23 		Subd. 90.Severe Forms of human trafficking in persons. "Severe forms of 
10.24 	trafficking in persons" means "Human trafficking" means: 
10.25 	(1) Sex trafficking:
10.26 	(i) in which a commercial sex act is induced by force, fraud, or coercion, or in 
10.27 	which the person induced to perform the act has not attained 18 years of age under the 
10.28 	Trafficking Victims Protection Act; or
10.29 	(2) (ii)receiving, recruiting, enticing, harboring, providing, or obtaining by any 
10.30 	means an individual to aid in the prostitution of the individual under section 609.321, 
10.31 	subdivision 7a.
10.32 	(2) Labor trafficking:
10.33 	(i) is the recruitment, harboring, transportation, provision, or obtaining of a person 
10.34 	for labor or services through the use of force, fraud, or coercion for the purposes of 
11.1 	subjection to involuntary servitude, peonage, debt bondage, or slavery. under the 
11.2 	Trafficking Victims Protection Act; or
11.3 	(ii) the recruiting, transporting, transferring, harboring, enticing, providing, 
11.4 	obtaining, or receiving of a person by any means, whether a United States citizen or 
11.5 	foreign national, for the purpose of debt bondage or forced labor or services; slavery 
11.6 	or practices similar to slavery; or the removal of organs through the use of coercion or 
11.7 	intimidation under sections 609.281 to 609.284.

11.8 	Sec. 2. Minnesota Statutes 2008, section 256J.32, subdivision 4, is amended to read:
11.9 		Subd. 4. Factors to be verified. The county agency shall verify the following 
11.10 	at application: 
11.11 	(1) identity of adults;
11.12 	(2) presence of the minor child in the home, if questionable;
11.13 	(3) relationship of a minor child to caregivers in the assistance unit;
11.14 	(4) age, if necessary to determine MFIP eligibility;
11.15 	(5) immigration status;
11.16 	(6) Social Security number according to the requirements of section 256J.30, 
11.17 	subdivision 12;
11.18 	(7) income;
11.19 	(8) self-employment expenses used as a deduction;
11.20 	(9) source and purpose of deposits and withdrawals from business accounts;
11.21 	(10) spousal support and child support payments made to persons outside the 
11.22 	household;
11.23 	(11) real property;
11.24 	(12) vehicles;
11.25 	(13) checking and savings accounts;
11.26 	(14) savings certificates, savings bonds, stocks, and individual retirement accounts;
11.27 	(15) pregnancy, if related to eligibility;
11.28 	(16) inconsistent information, if related to eligibility;
11.29 	(17) burial accounts;
11.30 	(18) school attendance, if related to eligibility;
11.31 	(19) residence;
11.32 	(20) a claim of family violence if used as a basis to qualify for the family violence 
11.33 	waiver;
11.34 	(21) a claim of human trafficking if used as a basis to qualify for the human 
11.35 	trafficking waiver under section 256J.546;
12.1 	(22) disability if used as the basis for reducing the hourly participation requirements 
12.2 	under section 256J.55, subdivision 1, or the type of activity included in an employment 
12.3 	plan under section 256J.521, subdivision 2; and
12.4 	(22) (23) information needed to establish an exception under section 256J.24, 
12.5 	subdivision 9.

12.6 	Sec. 3. Minnesota Statutes 2008, section 256J.32, subdivision 8, is amended to read:
12.7 		Subd. 8.Personal statement. The county agency may accept a signed personal 
12.8 	statement from the applicant or participant explaining the reasons that the documentation 
12.9 	requested in subdivision 2 is unavailable as sufficient documentation at the time of 
12.10 	application, recertification, or change related to eligibility only for the following factors:
12.11 	(1) a claim of family violence if used as a basis to qualify for the family violence 
12.12 	waiver;
12.13 	(2) a claim of human trafficking if used as a basis to qualify for the human trafficking 
12.14 	waiver under section 256J.546;
12.15 	(3) information needed to establish an exception under section 256J.24, subdivision 
12.16 	9;  
12.17 	(3) (4) relationship of a minor child to caregivers in the assistance unit;
12.18 	(4) (5) citizenship status from a noncitizen who reports to be, or is identified 
12.19 	as, a victim of severe forms of trafficking in persons, if the noncitizen reports that 
12.20 	the noncitizen's immigration documents are being held by an individual or group of 
12.21 	individuals against the noncitizen's will. The noncitizen must follow up with the Office 
12.22 	of Refugee Resettlement (ORR) to pursue certification. If verification that certification 
12.23 	is being pursued is not received within 30 days, the MFIP case must be closed and the 
12.24 	agency shall pursue overpayments. The ORR documents certifying the noncitizen's 
12.25 	status as a victim of severe forms of trafficking in persons, or the reason for the delay in 
12.26 	processing, must be received within 90 days, or the MFIP case must be closed and the 
12.27 	agency shall pursue overpayments; and
12.28 	(5) (6) other documentation unavailable for reasons beyond the control of the 
12.29 	applicant or participant. Reasonable attempts must have been made to obtain the 
12.30 	documents requested under subdivision 2.

12.31 	Sec. 4. Minnesota Statutes 2008, section 256J.42, subdivision 4, is amended to read:
12.32 		Subd. 4.Victims of family violence or human trafficking. Any cash assistance 
12.33 	received by an assistance unit in a month when a caregiver is a victim of family violence 
12.34 	or human trafficking and the caregiver complied with a safety plan, an alternative 
13.1 	employment plan, or an employment plan under section 256J.521, subdivision 3, does 
13.2 	not count toward the 60-month limitation on assistance.

13.3 	Sec. 5. Minnesota Statutes 2008, section 256J.425, subdivision 3, is amended to read:
13.4 		Subd. 3.Hard-to-employ participants. An assistance unit subject to the time 
13.5 	limit in section 256J.42, subdivision 1, is eligible to receive months of assistance under 
13.6 	a hardship extension if the participant who reached the time limit belongs to any of the 
13.7 	following groups:
13.8 	(1) a person who is diagnosed by a licensed physician, psychological practitioner, 
13.9 	or other qualified professional, as developmentally disabled or mentally ill, and that 
13.10 	condition prevents the person from obtaining or retaining unsubsidized employment;
13.11 	(2) a person who:
13.12 	(i) has been assessed by a vocational specialist or the county agency to be 
13.13 	unemployable for purposes of this subdivision; or
13.14 	(ii) has an IQ below 80 who has been assessed by a vocational specialist or a county 
13.15 	agency to be employable, but not at a level that makes the participant eligible for an 
13.16 	extension under subdivision 4. The determination of IQ level must be made by a qualified 
13.17 	professional. In the case of a non-English-speaking person: (A) the determination must 
13.18 	be made by a qualified professional with experience conducting culturally appropriate 
13.19 	assessments, whenever possible; (B) the county may accept reports that identify an 
13.20 	IQ range as opposed to a specific score; (C) these reports must include a statement of 
13.21 	confidence in the results;
13.22 	(3) a person who is determined by a qualified professional to be learning disabled, 
13.23 	and the disability severely limits the person's ability to obtain, perform, or maintain 
13.24 	suitable employment. For purposes of the initial approval of a learning disability 
13.25 	extension, the determination must have been made or confirmed within the previous 12 
13.26 	months. In the case of a non-English-speaking person: (i) the determination must be made 
13.27 	by a qualified professional with experience conducting culturally appropriate assessments, 
13.28 	whenever possible; and (ii) these reports must include a statement of confidence in the 
13.29 	results. If a rehabilitation plan for a participant extended as learning disabled is developed 
13.30 	or approved by the county agency, the plan must be incorporated into the employment 
13.31 	plan. However, a rehabilitation plan does not replace the requirement to develop and 
13.32 	comply with an employment plan under section 256J.521; or
13.33 	(4) a person who has been granted a family violence waiver, and who is complying 
13.34 	with an employment plan under section 256J.521, subdivision 3; or
14.1 	(5) a person who has been granted a human trafficking waiver, and who is complying 
14.2 	with an employment plan under section 256J.521, subdivision 3a.

14.3 	Sec. 6. Minnesota Statutes 2008, section 256J.521, is amended by adding a subdivision 
14.4 	to read:
14.5 		Subd. 3a.Employment plan; human trafficking waiver. (a) A participant 
14.6 	who requests and qualifies for a human trafficking waiver shall develop or revise the 
14.7 	employment plan as specified in this subdivision with a job counselor or county, and 
14.8 	a person trained in human trafficking. The revised or new employment plan must be 
14.9 	approved by the county or the job counselor. The plan may address safety, legal, or 
14.10 	emotional issues and other demands on the family as a result of the human trafficking. 
14.11 	Information in section 256J.515, clauses (1) to (8), must be included as part of the 
14.12 	development of the plan.
14.13 	(b) The primary goal of an employment plan developed under this subdivision is 
14.14 	to ensure the safety of the trafficked person and the person's children. To the extent it is 
14.15 	consistent with ensuring safety, the plan shall also include activities that are designed 
14.16 	to lead to economic stability. An activity is inconsistent with ensuring safety if, in 
14.17 	the opinion of a person trained in human trafficking, the activity would endanger the 
14.18 	safety of the participant or the participant's children. A plan under this subdivision may 
14.19 	not automatically include a provision that requires a participant to obtain an order for 
14.20 	protection or to attend counseling.
14.21 	(c) If at any time there is a disagreement over whether the activities in the plan are 
14.22 	appropriate or whether the participant is not complying with activities in the plan under 
14.23 	this subdivision, the participant must receive the assistance of a person trained in human 
14.24 	trafficking to help resolve the disagreement or noncompliance with the county or job 
14.25 	counselor. If the person trained in human trafficking recommends that the activities are still 
14.26 	appropriate, the county or a job counselor must approve the activities in the plan or provide 
14.27 	written reasons why activities in the plan are not approved and document how denial of 
14.28 	the activities do not endanger the safety of the participant or the participant's children.

14.29 	Sec. 7. [256J.546] HUMAN TRAFFICKING WAIVER CRITERIA.
14.30 	(a) In order to qualify for a human trafficking waiver, an individual must provide 
14.31 	documentation of past or current human trafficking, which may prevent the individual 
14.32 	from participating in certain employment activities.
14.33 	(b) The following items may be considered acceptable documentation or verification 
14.34 	of human trafficking:
15.1 	(1) police, government agency, or court records;
15.2 	(2) a statement from staff in emergency shelter services, transitional, or permanent 
15.3 	housing or support services with knowledge of the circumstances or credible evidence 
15.4 	that supports the sworn statement;
15.5 	(3) a statement from a sexual assault or domestic violence advocate with knowledge 
15.6 	of the circumstances or credible evidence that supports the sworn statement; or
15.7 	(4) a statement from professionals from whom the applicant or recipient has sought 
15.8 	assistance for the harm suffered from human trafficking.
15.9 	(c) A claim of human trafficking may also be documented by a sworn statement from 
15.10 	the applicant or participant and a sworn statement from any other person with knowledge 
15.11 	of the circumstances or credible evidence that supports the client's statement.

15.12 	Sec. 8. Minnesota Statutes 2008, section 256J.575, subdivision 3, is amended to read:
15.13 		Subd. 3.Eligibility. (a) The following MFIP or diversionary work program (DWP) 
15.14 	participants are eligible for the services under this section:
15.15 	(1) a participant who meets the requirements for or has been granted a hardship 
15.16 	extension under section 256J.425, subdivision 2 or 3, except that it is not necessary for 
15.17 	the participant to have reached or be approaching 60 months of eligibility for this section 
15.18 	to apply;
15.19 	(2) a participant who is applying for Supplemental Security Income or Social 
15.20 	Security disability insurance; and
15.21 	(3) a participant who is a noncitizen who has been in the United States for 12 or 
15.22 	fewer months; and
15.23 	(4) a recipient of the human trafficking waiver.
15.24 	(b) Families must meet all other eligibility requirements for MFIP established in 
15.25 	this chapter. Families are eligible for financial assistance to the same extent as if they 
15.26 	were participating in MFIP.
15.27 	(c) A participant under paragraph (a), clause (3), must be provided with English as a 
15.28 	second language opportunities and skills training for up to 12 months. After 12 months, 
15.29 	the case manager and participant must determine whether the participant should continue 
15.30 	with English as a second language classes or skills training, or both, and continue to 
15.31 	receive family stabilization services.