HF 4087

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; establishing English as the official state language;
providing for laws concerning illegal immigration; providing for criminal
penalties; providing for rulemaking; appropriating money; proposing coding for
new law in Minnesota Statutes, chapters 1; 299A.

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

Section 1.

new text begin [1.55] OFFICIAL STATE LANGUAGE.
new text end

new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin English is the official language of the state of
Minnesota. English is designated as the language for use by the state and local
governments, for government officers and employees acting in the scope of their
employment, and for government documents and records.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin This section does not apply:
new text end

new text begin (1) to languages required for use by the United States Constitution, Minnesota
Constitution, federal law or regulation, or otherwise specifically provided for in Minnesota
law;
new text end

new text begin (2) to instruction in foreign language courses;
new text end

new text begin (3) to instruction designed to aid students with limited English in a timely transition
and integration into the general education system;
new text end

new text begin (4) to the promotion of international commerce, tourism, and sporting events;
new text end

new text begin (5) when determined to interfere with the needs of the justice system;
new text end

new text begin (6) when public safety, health, or emergency services require the use of other
languages; provided that any authorization for the use of languages other than English in
printing informational materials or publications for general distribution must be approved
in a public proceeding by the governing board or authority of the relevant state or local
government entity and the decision recorded in publicly available minutes; and
new text end

new text begin (7) when expert testimony or witnesses may require a language other than English;
provided that for purposes of deliberation, decision making, or record keeping, the official
version of the testimony or commentary must be the officially translated English-language
version.
new text end

new text begin Subd. 3. new text end

new text begin Costs. new text end

new text begin All costs related to the preparation, translation, printing, and
recording of documents, records, brochures, pamphlets, flyers, or other informational
materials in languages other than English resulting from an exception in subdivision 2 must
be delineated as a separate budget line item in the agency, departmental, or office budget.
new text end

new text begin Subd. 4. new text end

new text begin Employment. new text end

new text begin No person may be denied employment with the state or
political subdivision of the state based solely upon that person's lack of facility in a
foreign language, except when related to bona fide job needs reflected in the exceptions in
subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Construction. new text end

new text begin This section must not be construed in any way to
infringe on the rights of citizens under the Minnesota Constitution or the United States
Constitution in the use of language in activities or functions conducted solely in the
private sector. No agency or officer of the state or of any political subdivision of the
state may place any restrictions or requirements regarding language usage for businesses
operating in the private sector other than in official documents, forms, submissions, or
other communications directed to government agencies and officers, which must be in
English as required by this section.
new text end

new text begin Subd. 6. new text end

new text begin Right of action. new text end

new text begin Any citizen of the state has standing to bring an action
against the state to enforce this section. The district court has jurisdiction to hear and
decide actions brought under this section.
new text end

Sec. 2.

new text begin [299A.82] ILLEGAL IMMIGRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Findings. new text end

new text begin The legislature finds that illegal immigration is causing
economic hardship and lawlessness in this state and that illegal immigration is encouraged
by public agencies in the state that provide public benefits without verifying immigration
status. The legislature further finds that illegal immigrants have been harbored and
sheltered in the state and encouraged to reside in the state through the issuance of
identification cards that are issued without verifying immigration status, and these
practices impede and obstruct the enforcement of federal immigration law, undermine the
security of our borders, and impermissibly restrict the privileges and immunities of the
citizens of Minnesota. Therefore, the legislature finds that it is a compelling public interest
of this state to discourage illegal immigration by requiring all public agencies within the
state to fully cooperate with federal immigration authorities in the enforcement of federal
immigration laws. The legislature also finds that other measures are necessary to ensure
the integrity of various governmental programs and services.
new text end

new text begin Subd. 2. new text end

new text begin Illegal Immigrant; Defined. new text end

new text begin For the purposes of this section, "illegal
immigrant" means a person who is in the United States illegally under United States
Code, title 8, chapter 12.
new text end

new text begin Subd. 3. new text end

new text begin Transporting and harboring illegal immigrants. new text end

new text begin (a) A person shall not
transport, move, or attempt to transport an illegal immigrant within the state for money,
profit, or gain in furtherance of the illegal presence of the immigrant in the United States,
knowing or in reckless disregard of the fact that the illegal immigrant has come to,
entered, or remained in the United States in violation of law.
new text end

new text begin (b) A person shall not conceal, harbor, or shelter an illegal immigrant from detection
for money, profit, or gain in any place, including any building or means of transportation,
knowing or in reckless disregard of the fact that the illegal immigrant has come to,
entered, or remained in the United States in violation of law.
new text end

new text begin (c) A person violating the provisions of paragraph (a) or (b) is guilty of a felony
and may be sentenced to imprisonment for not less than one year, or by a fine of not less
than $1,000, or both fine and imprisonment.
new text end

new text begin Subd. 4. new text end

new text begin Identification cards. new text end

new text begin (a) The following entities may create, publish,
or otherwise develop an identification document, identification card, or identification
certificate and may possess an engraved plate or other device for the printing of
identification, provided, the name of the issuing entity is clearly printed upon the face
of the identification:
new text end

new text begin (1) businesses, companies, corporations, service organizations, and state and local
government agencies for employee identification which is designed to identify the bearer
as an employee;
new text end

new text begin (2) businesses, companies, corporations, and service organizations, for customer
identification which is designed to identify the bearer as a customer or member;
new text end

new text begin (3) state and local government agencies for purposes authorized or required by law
or any legitimate purpose consistent with the duties of the agency, including, but not
limited to, voter identification cards, driver's licenses, nondriver identification cards,
and birth certificates;
new text end

new text begin (4) public school or state or private educational institution to identify the bearer as
an administrator, faculty member, student, or employee;
new text end

new text begin (5) professional organization or labor union to identify the bearer as a member of the
professional organization or labor union; and
new text end

new text begin (6) businesses, companies, or corporations which manufacture medical-alert
identification.
new text end

new text begin (b) All identification documents as provided for in paragraph (a), clause (3) or (4),
shall be issued only to United States citizens, legal permanent resident immigrants, or
holders of valid unexpired nonimmigrant visas.
new text end

new text begin (c) Paragraph (b) shall not apply when an applicant presents, in person, valid
documentary evidence of:
new text end

new text begin (1) a valid, unexpired immigrant or nonimmigrant visa status for admission into
the United States;
new text end

new text begin (2) a pending or approved application for asylum in the United States;
new text end

new text begin (3) admission into the United States in refugee status;
new text end

new text begin (4) a pending or approved application for temporary protected status in the United
States;
new text end

new text begin (5) approved deferred action status; or
new text end

new text begin (6) a pending application for adjustment of status to legal permanent resident status
or conditional resident status.
new text end

new text begin Upon approval, the applicant may be issued an identification document provided for
in paragraph (a), clause (3) or (4). The identification document shall be valid only for the
time of the authorized stay of the applicant in the United States or if there is no definite
end to the time of the authorized stay, a period of one year. Any identification document
issued under this paragraph shall clearly indicate that the document is temporary and shall
state the date that the identification document expires. The identification document may
be renewed only upon presentation of valid documentary evidence that the status by which
the applicant qualified for the identification document has been extended by the United
States Citizenship and Immigration Services of the Department of Homeland Security.
new text end

new text begin (d) A driver's license for which an application has been made for renewal,
duplication, or reissuance shall be presumed to have been issued in accordance with
paragraph (c) provided that, at the time the application is made, the driver's license has
not expired or been canceled, suspended, or revoked. The requirements of paragraph (c)
shall apply to a renewal, duplication, or reissuance of the license if the Department of
Public Safety is notified by a local, state, or federal government agency that the individual
seeking the renewal, duplication, or reissuance is neither a citizen of the United States
nor legally in the United States.
new text end

new text begin Subd. 5. new text end

new text begin Felony or driving under the influence charges. new text end

new text begin (a) When a person
charged with a felony or with driving under the influence is confined, for any period,
in a county or regional jail, the sheriff shall make a reasonable effort to determine the
citizenship status of the confined person. new text end new text begin If the person is a foreign national, the sheriff
shall make a reasonable effort to verify that the person has been lawfully admitted to
the United States and if lawfully admitted, that the lawful status has not expired. If
verification of lawful status can not be made from documents in the possession of
the person, verification shall be made within 48 hours through a request to the Law
Enforcement Support Center of the United States Department of Homeland Security or
other office or agency designated for that purpose by the United States Department of
Homeland Security. If the person is not lawfully admitted to the United States, the sheriff
shall notify the United States Department of Homeland Security.
new text end

new text begin (b) For the purpose of determining the grant or issuance of bond, a person whose
citizenship status has been verified under paragraph (a) to be a foreign national who has
not been lawfully admitted to the United States, shall be considered to be a risk of flight.
new text end

new text begin (c) The Department of Corrections may adopt rules under chapter 14 to implement
the provisions of this subdivision.
new text end

new text begin Subd. 6. new text end

new text begin Work authorization status. new text end

new text begin (a) For purposes of this subdivision, the
following terms have the meanings given them:
new text end

new text begin (1) "E-Verify" means the former Basic Pilot Employment Verification program
that is an electronic verification of work authorization program operated by the United
States Department of Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland Security or any other
designated federal agency authorized to verify the work authorization status of newly
hired employees; and
new text end

new text begin (2) "public employer" means a government entity as defined under section 13.02,
subdivision 7a.
new text end

new text begin (b) Every public employer shall register and participate in E-Verify to verify the
work authorization status of all new employees.
new text end

new text begin (c) A public employer shall not enter into a contract for the physical performance
of services within this state unless the contractor registers and participates in E-Verify to
verify the work authorization status of all new employees. A contractor or subcontractor
who enters a contract with a public employer shall not enter into the contract or
subcontract in connection with the physical performance of services within this state
unless the contractor or subcontractor registers and participates in E-Verify to verify
information of all new employees.
new text end

new text begin Subd. 7. new text end

new text begin Verification of lawful presence. new text end

new text begin (a) Except as provided in paragraph (b)
or where exempted by federal law, every agency or political subdivision of this state shall
verify the lawful presence in the United States of any natural person 14 years of age or
older who has applied for state or local public benefits, as defined in United States Code,
title 8, section 1621, or for federal public benefits, as defined in United States Code, title 8,
section 1611, that is administered by an agency or a political subdivision of the state.
new text end

new text begin (b) Verification of lawful presence under this section shall not be required for:
new text end

new text begin (1) any purpose for which lawful presence in the United States is not restricted
by law, ordinance, or regulation;
new text end

new text begin (2) assistance for health care items and services that are necessary for the treatment
of an emergency medical condition, as defined in United States Code, title 42, section
1396b(v)(3), of the immigrant involved and are not related to an organ transplant
procedure;
new text end

new text begin (3) short-term, noncash, in-kind emergency disaster relief;
new text end

new text begin (4) public health assistance for immunizations of diseases and for testing and
treatment of symptoms of communicable diseases whether or not the symptoms are
caused by a communicable disease;
new text end

new text begin (5) programs, services, or assistance, including, but not limited to, soup kitchens,
crisis counseling and intervention, and short-term shelter specified by the United States
Attorney General, in the sole and unreviewable discretion of the United States Attorney
General after consultation with appropriate federal agencies and departments, which:
new text end

new text begin (i) deliver in-kind services at the community level, including through public or
private nonprofit agencies;
new text end

new text begin (ii) do not condition the provision of assistance, the amount of assistance provided, or
the cost of assistance provided on the income or resources of the individual recipient; and
new text end

new text begin (iii) are necessary for the protection of life or safety; or
new text end

new text begin (6) prenatal care.
new text end

new text begin (c) The agency or political subdivision shall require the applicant to verify lawful
presence in the United States by executing an affidavit under penalty of perjury that:
new text end

new text begin (1) the applicant is a United States citizen; or
new text end

new text begin (2) the applicant is a qualified immigrant under the federal Immigration and
Nationality Act, and is lawfully present in the United States.
new text end

new text begin (d) For an applicant who has executed the affidavit described in paragraph (d), clause
(2), eligibility for benefits shall be made through the Systematic Alien Verification of
Entitlement program operated by the United States Department of Homeland Security or a
successor program designated by the United States Department of Homeland Security.
Until eligibility verification is made, the affidavit may be presumed to be proof of lawful
presence for the purposes of this section.
new text end

new text begin (e) A person who knowingly and willfully makes a false, fictitious, or fraudulent
statement of representation in an affidavit under paragraph (d) is subject to criminal
penalties for fraudulently obtaining public assistance program benefits. If the affidavit
constitutes a false claim of United States citizenship under United States Code, title 18,
section 911, the agency requiring the affidavit must file a complaint with the United States
Attorney for the District of Minnesota.
new text end

new text begin (f) Agencies and political subdivisions of this state may adopt variations to the
requirements of the provisions of this section which demonstrably improve the efficiency
or reduce delay in the verification process, or to provide for adjudication of unique
individual circumstances where the verification procedures in this section would impose
unusual hardship on a legal resident of Minnesota.
new text end

new text begin (g) An official or employee of an agency or political subdivision of this state who
knowingly provides any state, local, or federal benefit as defined in United States Code,
title 8, section 1611 or 1621, in violation of this section is guilty of a felony and may be
sentenced to imprisonment for not less than one year or to a fine of $1,000, or both.
new text end

new text begin (h) Each state agency or department which administers any program of state or local
public benefits shall report annually to the secretary of state with respect to its compliance
with this section. The secretary of state shall monitor the Systematic Alien Verification of
Entitlement program and its verification application errors and significant delays and shall
provide an annual public report on errors and significant delays, and recommendations to
ensure that the application of the Systematic Alien Verification of Entitlement program is
not erroneously denying benefits to legal residents of Minnesota. The secretary of state
shall report errors to the United States Department of Homeland Security.
new text end

new text begin Subd. 8. new text end

new text begin Memorandum of Understanding. new text end

new text begin The attorney general shall negotiate
the terms of a memorandum of understanding between the state of Minnesota and
the United States Department of Justice or the United States Department of Homeland
Security concerning the enforcement of federal immigration and custom laws, detention,
and removals, and investigations in the state of Minnesota. The memorandum of
understanding must be signed on behalf of the state by the attorney general and the
governor or as otherwise required by the appropriate federal agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and its penalties apply to violations committed or after that date.
new text end

Sec. 3.

new text begin [299A.83] IMMIGRATION LAWS; NONCOOPERATION PROHIBITED.
new text end

new text begin (a) For purposes of this section, the following terms have the meanings given them:
new text end

new text begin (1) "Criminal justice agency" has the meaning given in section 13.02.
new text end

new text begin (2) "Government entity" has the meaning given in section 13.02.
new text end

new text begin (3) "Peace officer" has the meaning given in section 626.84.
new text end

new text begin (4) "Person" has the meaning given in section 13.02.
new text end

new text begin (5) "Political subdivision" has the meaning given in section 13.02.
new text end

new text begin (b) Notwithstanding any other state or local law, no political subdivision, whether
acting through its governing body or by an initiative, referendum, or any other process,
shall enact an ordinance, regulation, or policy that limits or prohibits a criminal justice
agency, peace officer, or official or employee of the political subdivision from: (1)
communicating or cooperating with federal officials with regard to information concerning
the immigration status of any person within Minnesota; (2) communicating or cooperating
with federal officials with regard to the enforcement of federal immigration laws and
regulations; (3) maintaining data on the immigration status of a person; or (4) exchanging
data on the immigration status of a person with any other federal, state, or local entity.
new text end

new text begin (c) A person lawfully domiciled in this state may bring a private right of action
by filing for a writ of mandamus to compel any noncooperating government entity or
applicable government official or employee to comply with reporting or enforcement
laws or regulations.
new text end

Sec. 4.

new text begin [299A.84] EMPLOYMENT OF ILLEGAL IMMIGRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Employer" means any person having one or more employees in Minnesota and
includes the state and any political subdivision of the state.
new text end

new text begin (c) "Illegal immigrant" means a person as defined under section 299A.82, subdivision
2, or a person who lacks employment authorization in the United States, or both.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited actions. new text end

new text begin (a) An employer who knowingly hires, recruits, or
refers an illegal immigrant for employment in Minnesota is subject to the fine provisions of
subdivision 3. The commissioner of public safety, in consultation with the commissioner
of labor and industry, may assess a fine up to $5,000 for each violation of this paragraph.
new text end

new text begin (b) The discharge of a United States citizen or permanent resident immigrant
employee by an employer in this state, who, on the date of the discharge, employs an
unauthorized immigrant, shall be an unfair trade practice. The discharged employee shall
have a private cause of action for the unfair trade practice.
new text end

new text begin Subd. 3. new text end

new text begin Failure to provide valid Social Security number. new text end

new text begin (a) An employer shall
withhold state income tax at the rate of six percent of the amount of compensation paid
to an individual whose compensation is required to be reported on Form 1099 and with
respect to which the individual has failed to provide a valid Social Security number, issued
by the United States Social Security Administration.
new text end

new text begin (b) An employer who fails to comply with the withholding requirements of this
subdivision shall be liable for the taxes required to have been withheld unless the
employer is exempt from federal withholding for the individual pursuant to a properly
filed Internal Revenue Service Form 8233 or its equivalent, and has provided a copy of
the form to the Department of Revenue.
new text end

Sec. 5.

new text begin [299A.85] REQUIRING NOTICE OF NONCITIZEN LEGAL STATUS
TO UNITED STATES IMMIGRATION OFFICERS.
new text end

new text begin An employee or agent of the state, a county, or a municipality must immediately
notify the United States immigration officer in charge of the district in which the employee
works if, in the employee's regular course of duties, the employee encounters a noncitizen
whom, upon request, cannot provide valid documentation of legal status to be present in
the United States. The employee must provide the federal immigration officer with the
noncitizen's name, address, and nationality, if known.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

new text begin [299A.86] RENTING AND SELLING REAL PROPERTY TO
IMMIGRANTS.
new text end

new text begin (a) Notwithstanding any law to the contrary, a landlord under section 504B.001,
subdivision 7, a real estate broker or salesperson licensed under section 82.31, or any other
person who owns real property shall not rent, lease, or sell real property for residence in
Minnesota to an immigrant who has not verified lawful presence in the United States
under section 299A.82, subdivision 6.
new text end

new text begin (b) The commissioner of public safety, in consultation with the commissioner of
commerce, may assess a fine up to $5,000 for each violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the rental, lease, and sale of real property occurring on or after that date.
new text end

Sec. 7.

new text begin [299A.87] IMMIGRANT ELIGIBILITY FOR POSTSECONDARY
EDUCATION.
new text end

new text begin (a) Notwithstanding any law to the contrary, an immigrant who has not verified
lawful presence in the United States under section 299A.82, subdivision 6, shall not be
eligible on the basis of residence within the state for any postsecondary education benefit.
new text end

new text begin (b) An appointed officer or employee of a government entity as defined in section
13.02, who knowingly awards or disburses a postsecondary education benefit to an
immigrant under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not less than one year or to a fine of $1,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to postsecondary education benefits granted on or after that date.
new text end

Sec. 8.

new text begin [299A.88] VOTING; ASSISTING IMMIGRANTS.
new text end

new text begin Notwithstanding any law to the contrary, a person who intentionally assists an
immigrant who has not verified lawful presence in the United States under section
299A.82, subdivision 6, to register to vote, attempt to vote, or vote under Minnesota
election law is guilty of a felony and may be sentenced to imprisonment for not less than
one year or to a fine of $1,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to crimes committed on or after that date.
new text end

Sec. 9. new text begin PRIVATE RIGHT OF ACTION.
new text end

new text begin For the purposes of Minnesota Statutes, sections 299A.82 to 299A.88, a person
lawfully domiciled in this state may bring a private right of action by filing for a writ of
mandamus to compel any noncooperating government entity or applicable government
official or employee to comply with reporting or enforcement laws or regulations.
new text end

Sec. 10. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2009 from the general fund to the Department of
Public Safety for grants to local law enforcement agencies for training officers regarding
immigration and to comply with section 2.
new text end