1.1 	A bill for an act
1.2 	relating to public safety; establishing English as the official state language; 
1.3 	providing for laws concerning illegal immigration; providing for criminal 
1.4 	penalties; providing for rulemaking; appropriating money;proposing coding for 
1.5 	new law in Minnesota Statutes, chapters 1; 299A.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [1.55] OFFICIAL STATE LANGUAGE.
1.8 		Subdivision 1.Designation. English is the official language of the state of 
1.9 	Minnesota. English is designated as the language for use by the state and local 
1.10 	governments, for government officers and employees acting in the scope of their 
1.11 	employment, and for government documents and records.
1.12 		Subd. 2.Exceptions. This section does not apply:
1.13 	(1) to languages required for use by the United States Constitution, Minnesota 
1.14 	Constitution, federal law or regulation, or otherwise specifically provided for in Minnesota 
1.15 	law;
1.16 	(2) to instruction in foreign language courses;
1.17 	(3) to instruction designed to aid students with limited English in a timely transition 
1.18 	and integration into the general education system;
1.19 	(4) to the promotion of international commerce, tourism, and sporting events;
1.20 	(5) when determined to interfere with the needs of the justice system;
1.21 	(6) when public safety, health, or emergency services require the use of other 
1.22 	languages; provided that any authorization for the use of languages other than English in 
1.23 	printing informational materials or publications for general distribution must be approved 
1.24 	in a public proceeding by the governing board or authority of the relevant state or local 
1.25 	government entity and the decision recorded in publicly available minutes; and
2.1 	(7) when expert testimony or witnesses may require a language other than English; 
2.2 	provided that for purposes of deliberation, decision making, or record keeping, the official 
2.3 	version of the testimony or commentary must be the officially translated English-language 
2.4 	version.
2.5 		Subd. 3.Costs. All costs related to the preparation, translation, printing, and 
2.6 	recording of documents, records, brochures, pamphlets, flyers, or other informational 
2.7 	materials in languages other than English resulting from an exception in subdivision 2 must 
2.8 	be delineated as a separate budget line item in the agency, departmental, or office budget.
2.9 		Subd. 4.Employment. No person may be denied employment with the state or 
2.10 	political subdivision of the state based solely upon that person's lack of facility in a 
2.11 	foreign language, except when related to bona fide job needs reflected in the exceptions in 
2.12 	subdivision 2.
2.13 		Subd. 5.Construction. This section must not be construed in any way to 
2.14 	infringe on the rights of citizens under the Minnesota Constitution or the United States 
2.15 	Constitution in the use of language in activities or functions conducted solely in the 
2.16 	private sector. No agency or officer of the state or of any political subdivision of the 
2.17 	state may place any restrictions or requirements regarding language usage for businesses 
2.18 	operating in the private sector other than in official documents, forms, submissions, or 
2.19 	other communications directed to government agencies and officers, which must be in 
2.20 	English as required by this section.
2.21 		Subd. 6.Right of action. Any citizen of the state has standing to bring an action 
2.22 	against the state to enforce this section. The district court has jurisdiction to hear and 
2.23 	decide actions brought under this section.

2.24 	Sec. 2. [299A.82] ILLEGAL IMMIGRATION.
2.25 		Subdivision 1.Findings. The legislature finds that illegal immigration is causing 
2.26 	economic hardship and lawlessness in this state and that illegal immigration is encouraged 
2.27 	by public agencies in the state that provide public benefits without verifying immigration 
2.28 	status. The legislature further finds that illegal immigrants have been harbored and 
2.29 	sheltered in the state and encouraged to reside in the state through the issuance of 
2.30 	identification cards that are issued without verifying immigration status, and these 
2.31 	practices impede and obstruct the enforcement of federal immigration law, undermine the 
2.32 	security of our borders, and impermissibly restrict the privileges and immunities of the 
2.33 	citizens of Minnesota. Therefore, the legislature finds that it is a compelling public interest 
2.34 	of this state to discourage illegal immigration by requiring all public agencies within the 
2.35 	state to fully cooperate with federal immigration authorities in the enforcement of federal 
3.1 	immigration laws. The legislature also finds that other measures are necessary to ensure 
3.2 	the integrity of various governmental programs and services.
3.3 		Subd. 2.Illegal Immigrant; Defined. For the purposes of this section, "illegal 
3.4 	immigrant" means a person who is in the United States illegally under United States 
3.5 	Code, title 8, chapter 12.
3.6 		Subd. 3.Transporting and harboring illegal immigrants. (a) A person shall not 
3.7 	transport, move, or attempt to transport an illegal immigrant within the state for money, 
3.8 	profit, or gain in furtherance of the illegal presence of the immigrant in the United States, 
3.9 	knowing or in reckless disregard of the fact that the illegal immigrant has come to, 
3.10 	entered, or remained in the United States in violation of law.
3.11 	(b) A person shall not conceal, harbor, or shelter an illegal immigrant from detection 
3.12 	for money, profit, or gain in any place, including any building or means of transportation, 
3.13 	knowing or in reckless disregard of the fact that the illegal immigrant has come to, 
3.14 	entered, or remained in the United States in violation of law.
3.15 	(c) A person violating the provisions of paragraph (a) or (b) is guilty of a felony 
3.16 	and may be sentenced to imprisonment for not less than one year, or by a fine of not less 
3.17 	than $1,000, or both fine and imprisonment.
3.18 		Subd. 4.Identification cards. (a) The following entities may create, publish, 
3.19 	or otherwise develop an identification document, identification card, or identification 
3.20 	certificate and may possess an engraved plate or other device for the printing of 
3.21 	identification, provided, the name of the issuing entity is clearly printed upon the face 
3.22 	of the identification:
3.23 	(1) businesses, companies, corporations, service organizations, and state and local 
3.24 	government agencies for employee identification which is designed to identify the bearer 
3.25 	as an employee;
3.26 	(2) businesses, companies, corporations, and service organizations, for customer 
3.27 	identification which is designed to identify the bearer as a customer or member;
3.28 	(3) state and local government agencies for purposes authorized or required by law 
3.29 	or any legitimate purpose consistent with the duties of the agency, including, but not 
3.30 	limited to, voter identification cards, driver's licenses, nondriver identification cards, 
3.31 	and birth certificates;
3.32 	(4) public school or state or private educational institution to identify the bearer as 
3.33 	an administrator, faculty member, student, or employee;
3.34 	(5) professional organization or labor union to identify the bearer as a member of the 
3.35 	professional organization or labor union; and
4.1 	(6) businesses, companies, or corporations which manufacture medical-alert 
4.2 	identification.
4.3 	(b) All identification documents as provided for in paragraph (a), clause (3) or (4), 
4.4 	shall be issued only to United States citizens, legal permanent resident immigrants, or 
4.5 	holders of valid unexpired nonimmigrant visas. 
4.6 	(c) Paragraph (b) shall not apply when an applicant presents, in person, valid 
4.7 	documentary evidence of:
4.8 	(1) a valid, unexpired immigrant or nonimmigrant visa status for admission into 
4.9 	the United States;
4.10 	(2) a pending or approved application for asylum in the United States;
4.11 	(3) admission into the United States in refugee status;
4.12 	(4) a pending or approved application for temporary protected status in the United 
4.13 	States;
4.14 	(5) approved deferred action status; or 
4.15 	(6) a pending application for adjustment of status to legal permanent resident status 
4.16 	or conditional resident status. 
4.17 	Upon approval, the applicant may be issued an identification document provided for 
4.18 	in paragraph (a), clause (3) or (4). The identification document shall be valid only for the 
4.19 	time of the authorized stay of the applicant in the United States or if there is no definite 
4.20 	end to the time of the authorized stay, a period of one year. Any identification document 
4.21 	issued under this paragraph shall clearly indicate that the document is temporary and shall 
4.22 	state the date that the identification document expires. The identification document may 
4.23 	be renewed only upon presentation of valid documentary evidence that the status by which 
4.24 	the applicant qualified for the identification document has been extended by the United 
4.25 	States Citizenship and Immigration Services of the Department of Homeland Security.
4.26 	(d) A driver's license for which an application has been made for renewal, 
4.27 	duplication, or reissuance shall be presumed to have been issued in accordance with 
4.28 	paragraph (c) provided that, at the time the application is made, the driver's license has 
4.29 	not expired or been canceled, suspended, or revoked. The requirements of paragraph (c) 
4.30 	shall apply to a renewal, duplication, or reissuance of the license if the Department of 
4.31 	Public Safety is notified by a local, state, or federal government agency that the individual 
4.32 	seeking the renewal, duplication, or reissuance is neither a citizen of the United States 
4.33 	nor legally in the United States.
4.34 		Subd. 5.Felony or driving under the influence charges. (a) When a person 
4.35 	charged with a felony or with driving under the influence is confined, for any period, 
4.36 	in a county or regional jail, the sheriff shall make a reasonable effort to determine the 
5.1 	citizenship status of the confined person. If the person is a foreign national, the sheriff 
5.2 	shall make a reasonable effort to verify that the person has been lawfully admitted to 
5.3 	the United States and if lawfully admitted, that the lawful status has not expired. If 
5.4 	verification of lawful status can not be made from documents in the possession of 
5.5 	the person, verification shall be made within 48 hours through a request to the Law 
5.6 	Enforcement Support Center of the United States Department of Homeland Security or 
5.7 	other office or agency designated for that purpose by the United States Department of 
5.8 	Homeland Security. If the person is not lawfully admitted to the United States, the sheriff 
5.9 	shall notify the United States Department of Homeland Security.
5.10 	(b) For the purpose of determining the grant or issuance of bond, a person whose 
5.11 	citizenship status has been verified under paragraph (a) to be a foreign national who has 
5.12 	not been lawfully admitted to the United States, shall be considered to be a risk of flight. 
5.13 	(c) The Department of Corrections may adopt rules under chapter 14 to implement 
5.14 	the provisions of this subdivision.
5.15 		Subd. 6.Work authorization status. (a) For purposes of this subdivision, the 
5.16 	following terms have the meanings given them:
5.17 	(1) "E-Verify" means the former Basic Pilot Employment Verification program 
5.18 	that is an electronic verification of work authorization program operated by the United 
5.19 	States Department of Homeland Security or any equivalent federal work authorization 
5.20 	program operated by the United States Department of Homeland Security or any other 
5.21 	designated federal agency authorized to verify the work authorization status of newly 
5.22 	hired employees; and
5.23 	(2) "public employer" means a government entity as defined under section 13.02, 
5.24 	subdivision 7a.
5.25 	(b) Every public employer shall register and participate in E-Verify to verify the 
5.26 	work authorization status of all new employees.
5.27 	(c) A public employer shall not enter into a contract for the physical performance 
5.28 	of services within this state unless the contractor registers and participates in E-Verify to 
5.29 	verify the work authorization status of all new employees. A contractor or subcontractor 
5.30 	who enters a contract with a public employer shall not enter into the contract or 
5.31 	subcontract in connection with the physical performance of services within this state 
5.32 	unless the contractor or subcontractor registers and participates in E-Verify to verify 
5.33 	information of all new employees.
5.34 		Subd. 7.Verification of lawful presence. (a) Except as provided in paragraph (b) 
5.35 	or where exempted by federal law, every agency or political subdivision of this state shall 
5.36 	verify the lawful presence in the United States of any natural person 14 years of age or 
6.1 	older who has applied for state or local public benefits, as defined in United States Code, 
6.2 	title 8, section 1621, or for federal public benefits, as defined in United States Code, title 8, 
6.3 	section 1611, that is administered by an agency or a political subdivision of the state.
6.4 	(b) Verification of lawful presence under this section shall not be required for:
6.5 	(1) any purpose for which lawful presence in the United States is not restricted 
6.6 	by law, ordinance, or regulation;
6.7 	(2) assistance for health care items and services that are necessary for the treatment 
6.8 	of an emergency medical condition, as defined in United States Code, title 42, section 
6.9 	1396b(v)(3), of the immigrant involved and are not related to an organ transplant 
6.10 	procedure;
6.11 	(3) short-term, noncash, in-kind emergency disaster relief;
6.12 	(4) public health assistance for immunizations of diseases and for testing and 
6.13 	treatment of symptoms of communicable diseases whether or not the symptoms are 
6.14 	caused by a communicable disease;
6.15 	(5) programs, services, or assistance, including, but not limited to, soup kitchens, 
6.16 	crisis counseling and intervention, and short-term shelter specified by the United States 
6.17 	Attorney General, in the sole and unreviewable discretion of the United States Attorney 
6.18 	General after consultation with appropriate federal agencies and departments, which:
6.19 	(i) deliver in-kind services at the community level, including through public or 
6.20 	private nonprofit agencies;
6.21 	(ii) do not condition the provision of assistance, the amount of assistance provided, or 
6.22 	the cost of assistance provided on the income or resources of the individual recipient; and
6.23 	(iii) are necessary for the protection of life or safety; or
6.24 	(6) prenatal care.
6.25 	(c) The agency or political subdivision shall require the applicant to verify lawful 
6.26 	presence in the United States by executing an affidavit under penalty of perjury that:
6.27 	(1) the applicant is a United States citizen; or
6.28 	(2) the applicant is a qualified immigrant under the federal Immigration and 
6.29 	Nationality Act, and is lawfully present in the United States.
6.30 	(d) For an applicant who has executed the affidavit described in paragraph (d), clause 
6.31 	(2), eligibility for benefits shall be made through the Systematic Alien Verification of 
6.32 	Entitlement program operated by the United States Department of Homeland Security or a 
6.33 	successor program designated by the United States Department of Homeland Security. 
6.34 	Until eligibility verification is made, the affidavit may be presumed to be proof of lawful 
6.35 	presence for the purposes of this section.
7.1 	(e) A person who knowingly and willfully makes a false, fictitious, or fraudulent 
7.2 	statement of representation in an affidavit under paragraph (d) is subject to criminal 
7.3 	penalties for fraudulently obtaining public assistance program benefits. If the affidavit 
7.4 	constitutes a false claim of United States citizenship under United States Code, title 18, 
7.5 	section 911, the agency requiring the affidavit must file a complaint with the United States 
7.6 	Attorney for the District of Minnesota.
7.7 	(f) Agencies and political subdivisions of this state may adopt variations to the 
7.8 	requirements of the provisions of this section which demonstrably improve the efficiency 
7.9 	or reduce delay in the verification process, or to provide for adjudication of unique 
7.10 	individual circumstances where the verification procedures in this section would impose 
7.11 	unusual hardship on a legal resident of Minnesota.
7.12 	(g) An official or employee of an agency or political subdivision of this state who 
7.13 	knowingly provides any state, local, or federal benefit as defined in United States Code, 
7.14 	title 8, section 1611 or 1621, in violation of this section is guilty of a felony and may be 
7.15 	sentenced to imprisonment for not less than one year or to a fine of $1,000, or both.
7.16 	(h) Each state agency or department which administers any program of state or local 
7.17 	public benefits shall report annually to the secretary of state with respect to its compliance 
7.18 	with this section. The secretary of state shall monitor the Systematic Alien Verification of 
7.19 	Entitlement program and its verification application errors and significant delays and shall 
7.20 	provide an annual public report on errors and significant delays, and recommendations to 
7.21 	ensure that the application of the Systematic Alien Verification of Entitlement program is 
7.22 	not erroneously denying benefits to legal residents of Minnesota. The secretary of state 
7.23 	shall report errors to the United States Department of Homeland Security.
7.24 		Subd. 8.Memorandum of Understanding. The attorney general shall negotiate 
7.25 	the terms of a memorandum of understanding between the state of Minnesota and 
7.26 	the United States Department of Justice or the United States Department of Homeland 
7.27 	Security concerning the enforcement of federal immigration and custom laws, detention, 
7.28 	and removals, and investigations in the state of Minnesota. The memorandum of 
7.29 	understanding must be signed on behalf of the state by the attorney general and the 
7.30 	governor or as otherwise required by the appropriate federal agency.

7.31 	EFFECTIVE DATE. This section is effective the day following final enactment 
7.32 	and its penalties apply to violations committed or after that date.

7.33 	Sec. 3. [299A.83] IMMIGRATION LAWS; NONCOOPERATION PROHIBITED.
7.34 	(a) For purposes of this section, the following terms have the meanings given them:
7.35 	(1) "Criminal justice agency" has the meaning given in section 13.02.
8.1 	(2) "Government entity" has the meaning given in section 13.02.
8.2 	(3) "Peace officer" has the meaning given in section 626.84.
8.3 	(4) "Person" has the meaning given in section 13.02.
8.4 	(5) "Political subdivision" has the meaning given in section 13.02.
8.5 	(b) Notwithstanding any other state or local law, no political subdivision, whether 
8.6 	acting through its governing body or by an initiative, referendum, or any other process, 
8.7 	shall enact an ordinance, regulation, or policy that limits or prohibits a criminal justice 
8.8 	agency, peace officer, or official or employee of the political subdivision from: (1) 
8.9 	communicating or cooperating with federal officials with regard to information concerning 
8.10 	the immigration status of any person within Minnesota; (2) communicating or cooperating 
8.11 	with federal officials with regard to the enforcement of federal immigration laws and 
8.12 	regulations; (3) maintaining data on the immigration status of a person; or (4) exchanging 
8.13 	data on the immigration status of a person with any other federal, state, or local entity.
8.14 	(c) A person lawfully domiciled in this state may bring a private right of action 
8.15 	by filing for a writ of mandamus to compel any noncooperating government entity or 
8.16 	applicable government official or employee to comply with reporting or enforcement 
8.17 	laws or regulations.

8.18 	Sec. 4. [299A.84] EMPLOYMENT OF ILLEGAL IMMIGRANTS.
8.19 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
8.20 	section.
8.21 	(b) "Employer" means any person having one or more employees in Minnesota and 
8.22 	includes the state and any political subdivision of the state.
8.23 	(c) "Illegal immigrant" means a person as defined under section 299A.82, subdivision 
8.24 	2, or a person who lacks employment authorization in the United States, or both.
8.25 		Subd. 2.Prohibited actions. (a) An employer who knowingly hires, recruits, or 
8.26 	refers an illegal immigrant for employment in Minnesota is subject to the fine provisions of 
8.27 	subdivision 3. The commissioner of public safety, in consultation with the commissioner 
8.28 	of labor and industry, may assess a fine up to $5,000 for each violation of this paragraph.
8.29 	(b) The discharge of a United States citizen or permanent resident immigrant 
8.30 	employee by an employer in this state, who, on the date of the discharge, employs an 
8.31 	unauthorized immigrant, shall be an unfair trade practice. The discharged employee shall 
8.32 	have a private cause of action for the unfair trade practice.
8.33 		Subd. 3.Failure to provide valid Social Security number. (a) An employer shall 
8.34 	withhold state income tax at the rate of six percent of the amount of compensation paid 
8.35 	to an individual whose compensation is required to be reported on Form 1099 and with 
9.1 	respect to which the individual has failed to provide a valid Social Security number, issued 
9.2 	by the United States Social Security Administration.
9.3 	(b) An employer who fails to comply with the withholding requirements of this 
9.4 	subdivision shall be liable for the taxes required to have been withheld unless the 
9.5 	employer is exempt from federal withholding for the individual pursuant to a properly 
9.6 	filed Internal Revenue Service Form 8233 or its equivalent, and has provided a copy of 
9.7 	the form to the Department of Revenue.

9.8 	Sec. 5. [299A.85] REQUIRING NOTICE OF NONCITIZEN LEGAL STATUS 
9.9 	TO UNITED STATES IMMIGRATION OFFICERS.
9.10 	An employee or agent of the state, a county, or a municipality must immediately 
9.11 	notify the United States immigration officer in charge of the district in which the employee 
9.12 	works if, in the employee's regular course of duties, the employee encounters a noncitizen 
9.13 	whom, upon request, cannot provide valid documentation of legal status to be present in 
9.14 	the United States. The employee must provide the federal immigration officer with the 
9.15 	noncitizen's name, address, and nationality, if known.

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

9.17 	Sec. 6. [299A.86] RENTING AND SELLING REAL PROPERTY TO 
9.18 	IMMIGRANTS.
9.19 	(a) Notwithstanding any law to the contrary, a landlord under section 504B.001, 
9.20 	subdivision 7, a real estate broker or salesperson licensed under section 82.31, or any other 
9.21 	person who owns real property shall not rent, lease, or sell real property for residence in 
9.22 	Minnesota to an immigrant who has not verified lawful presence in the United States 
9.23 	under section 299A.82, subdivision 6. 
9.24 	(b) The commissioner of public safety, in consultation with the commissioner of 
9.25 	commerce, may assess a fine up to $5,000 for each violation of this section.

9.26 	EFFECTIVE DATE. This section is effective the day following final enactment 
9.27 	and applies to the rental, lease, and sale of real property occurring on or after that date.

9.28 	Sec. 7. [299A.87] IMMIGRANT ELIGIBILITY FOR POSTSECONDARY 
9.29 	EDUCATION.
9.30 	(a) Notwithstanding any law to the contrary, an immigrant who has not verified 
9.31 	lawful presence in the United States under section 299A.82, subdivision 6, shall not be 
9.32 	eligible on the basis of residence within the state for any postsecondary education benefit.
10.1 	(b) An appointed officer or employee of a government entity as defined in section 
10.2 	13.02, who knowingly awards or disburses a postsecondary education benefit to an 
10.3 	immigrant under paragraph (a) is guilty of a felony and may be sentenced to imprisonment 
10.4 	for not less than one year or to a fine of $1,000, or both.

10.5 	EFFECTIVE DATE. This section is effective the day following final enactment 
10.6 	and applies to postsecondary education benefits granted on or after that date.

10.7 	Sec. 8. [299A.88] VOTING; ASSISTING IMMIGRANTS.
10.8 	Notwithstanding any law to the contrary, a person who intentionally assists an 
10.9 	immigrant who has not verified lawful presence in the United States under section 
10.10 	299A.82, subdivision 6, to register to vote, attempt to vote, or vote under Minnesota 
10.11 	election law is guilty of a felony and may be sentenced to imprisonment for not less than 
10.12 	one year or to a fine of $1,000, or both.

10.13 	EFFECTIVE DATE. This section is effective the day following final enactment 
10.14 	and applies to crimes committed on or after that date.

10.15 	Sec. 9. PRIVATE RIGHT OF ACTION.
 10.16 	For the purposes of Minnesota Statutes, sections 299A.82 to 299A.88, a person 
10.17 	lawfully domiciled in this state may bring a private right of action by filing for a writ of 
10.18 	mandamus to compel any noncooperating government entity or applicable government 
10.19 	official or employee to comply with reporting or enforcement laws or regulations.

10.20 	Sec. 10. APPROPRIATION.
 10.21 	$....... is appropriated in fiscal year 2009 from the general fund to the Department of 
10.22 	Public Safety for grants to local law enforcement agencies for training officers regarding 
10.23 	immigration and to comply with section 2.