Minnesota 2025 2025-2026 Regular Session

Minnesota House Bill HF2351 Introduced / Bill

Filed 03/13/2025

                    1.1	A bill for an act​
1.2 relating to immigration; increasing criminal penalties for human trafficking​
1.3 offenses; prohibiting employment of unauthorized individuals; prohibiting sanctuary​
1.4 cities; requiring reports; amending Minnesota Statutes 2024, sections 171.22;​
1.5 609.282, subdivisions 1, 1a, 2; 609.283, subdivision 2; 609.322, subdivisions 1,​
1.6 1a; proposing coding for new law in Minnesota Statutes, chapters 15; 181; 412.​
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. [15.987] REPORT TO LEGISLATURE; GOVERNMENT AL​
1.9ASSISTANCE.​
1.10 A state department or agency that provides governmental assistance to individuals in​
1.11Minnesota without legal status in the state must annually report to the legislature, by​
1.12December 15, the total amount of governmental assistance provided to such individuals.​
1.13Governmental assistance includes but is not limited to goods, services, credits, and money​
1.14provided to an individual and any other expenditures or costs incurred by a state department​
1.15or agency resulting directly or indirectly from such individuals.​
1.16 Sec. 2. Minnesota Statutes 2024, section 171.22, is amended to read:​
1.17 171.22 UNLAWFUL ACTS RELATING TO DRIVER'S LICENSE.​
1.18 Subdivision 1.Violations.With regard to any driver's license, including a commercial​
1.19driver's license, it shall be unlawful for any person:​
1.20 (1) to display, cause or permit to be displayed, or have in possession, any fictitious or​
1.21fraudulently altered driver's license or Minnesota identification card;​
1​Sec. 2.​
REVISOR KLL/MI 25-04113​02/20/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  2351​
NINETY-FOURTH SESSION​
Authored by Schultz​03/13/2025​
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy​ 2.1 (2) to lend the person's driver's license or Minnesota identification card to any other​
2.2person or knowingly permit the use thereof by another;​
2.3 (3) to display or represent as one's own any driver's license or Minnesota identification​
2.4card not issued to that person;​
2.5 (4) to use a fictitious name or date of birth to any police officer or in any application for​
2.6a driver's license or Minnesota identification card, or to knowingly make a false statement,​
2.7or to knowingly conceal a material fact, or otherwise commit a fraud in any such application;​
2.8 (5) to alter any driver's license or Minnesota identification card;​
2.9 (6) to take any part of the driver's license examination for another or to permit another​
2.10to take the examination for that person;​
2.11 (7) to make a counterfeit driver's license or Minnesota identification card;​
2.12 (8) to use the name and date of birth of another person to any police officer for the​
2.13purpose of falsely identifying oneself to the police officer;​
2.14 (9) to display as a valid driver's license any canceled, revoked, or suspended driver's​
2.15license. A person whose driving privileges have been withdrawn may display a driver's​
2.16license only for identification purposes; or​
2.17 (10) to submit a false affidavit or statement to the department on the certification required​
2.18under section 171.05, subdivision 2, paragraph (a), clause (1), item (ii), subitem (C), to issue​
2.19an instruction permit to a homeschool student.; or​
2.20 (11) to use or submit a fictitious or fraudulent driver's license or Minnesota identification​
2.21card or use a driver's license or Minnesota identification card not issued to that person as​
2.22one's own for purposes of verifying one's lawful employment status.​
2.23 Subd. 2.Penalties.(a) Any person who violates subdivision 1, clause (11), is guilty of​
2.24a felony and may be sentenced to imprisonment for not more than two years or to payment​
2.25of a fine of not more than $5,000, or both.​
2.26 (b) Any person who violates subdivision 1, clause (7) or (8), is guilty of a gross​
2.27misdemeanor. Any person who violates any other provision of subdivision 1 is guilty of a​
2.28misdemeanor.​
2.29 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
2.30committed on or after that date.​
2​Sec. 2.​
REVISOR KLL/MI 25-04113​02/20/25 ​ 3.1 Sec. 3. [181.995] EMPLOYMENT OF UNAUTHORIZED INDIVIDUALS.​
3.2 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined in this​
3.3subdivision have the meanings given.​
3.4 (b) "Commissioner" means the commissioner of labor and industry.​
3.5 (c) "Employee" means a person who performs services for hire in Minnesota for an​
3.6employer. Employee does not include an independent contractor.​
3.7 (d) "Employer" means a person or entity that employs one or more employees in​
3.8Minnesota and includes the state and any political subdivision of the state.​
3.9 (e) "License" means any permit, registration, certification, or other form of approval​
3.10authorized by statute or rule to be issued by the state or a political subdivision of the state​
3.11as a condition of doing business in Minnesota.​
3.12 (f) "Unauthorized individual" means an individual who does not have the legal right or​
3.13authorization under federal law to work in the United States as described in United States​
3.14Code, title 8, section 1324a(h)(3).​
3.15 Subd. 2.Prohibition.No employer shall knowingly employ an unauthorized individual​
3.16as an employee.​
3.17 Subd. 3.Investigations.The commissioner shall investigate possible violations of this​
3.18section whenever the commissioner has cause to believe that a violation has occurred, either​
3.19on the basis of a report of a suspected violation or on the basis of any other credible​
3.20information, including violations found during the course of an investigation.​
3.21 Subd. 4.Enforcement; penalty.(a) Upon a violation of this section, the commissioner​
3.22shall:​
3.23 (1) order the employer to terminate the employment of all unauthorized individuals; and​
3.24 (2) direct the applicable agencies to suspend all licenses held by the employer for up to​
3.2514 business days.​
3.26 (b) The commissioner may issue a penalty to the employer of not less than $1,000 and​
3.27not more than $10,000 per violation of this section.​
3.28 (c) In determining the length of a license suspension and the amount of any penalty, the​
3.29commissioner shall consider any prior misconduct by the employer, the duration of the​
3.30violation, the number of unauthorized individuals employed by the employer, and other​
3.31relevant factors.​
3​Sec. 3.​
REVISOR KLL/MI 25-04113​02/20/25 ​ 4.1 (d) For the purposes of this section, proof of verifying the employment authorization of​
4.2an employee through the e-verify program creates a rebuttable presumption that an employer​
4.3did not knowingly employ an unauthorized individual.​
4.4 Sec. 4. [412.926] SANCTUARY CITY PROHIBITION.​
4.5 Subdivision 1.Definition of sanctuary city.For purposes of this section "sanctuary​
4.6city" means a home rule charter or statutory city that prohibits, or in any way restricts, a​
4.7public safety official or employee from:​
4.8 (1) inquiring about a person's citizenship or immigration status;​
4.9 (2) lawfully cooperating with or aiding federal officials or employees charged with​
4.10enforcing immigration laws;​
4.11 (3) providing or receiving information from federal officials or employees charged with​
4.12enforcing immigration laws;​
4.13 (4) maintaining citizenship and immigration status data; or​
4.14 (5) exchanging citizenship and immigration status data with other federal, state, or local​
4.15government entities.​
4.16 Subd. 2.Prohibition.A home rule charter or statutory city shall not enforce an existing​
4.17ordinance or policy or pass an ordinance or policy that establishes a sanctuary city.​
4.18 Sec. 5. Minnesota Statutes 2024, section 609.282, subdivision 1, is amended to read:​
4.19 Subdivision 1.Labor trafficking resulting in death.Whoever knowingly engages in​
4.20the labor trafficking of an individual is guilty of a crime and may be sentenced to​
4.21imprisonment for not more than 25 30 years or to payment of a fine of not more than $40,000​
4.22$60,000, or both, if the labor trafficking victim dies and the death was proximately caused​
4.23by the labor trafficking conduct of the offender and murder in the first or second degree​
4.24was not committed thereby.​
4.25 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
4.26committed on or after that date.​
4.27 Sec. 6. Minnesota Statutes 2024, section 609.282, subdivision 1a, is amended to read:​
4.28 Subd. 1a.Individuals under age 18; extended period of time; great bodily​
4.29harm.Whoever knowingly engages in the labor trafficking of an individual is guilty of a​
4.30crime and may be sentenced to imprisonment for not more than 20 25 years or to a payment​
4​Sec. 6.​
REVISOR KLL/MI 25-04113​02/20/25 ​ 5.1of a fine of not more than $40,000 $50,000, or both, if any of the following circumstances​
5.2exist:​
5.3 (1) the labor trafficking victim is under the age of 18;​
5.4 (2) the labor trafficking occurs over an extended period of time; or​
5.5 (3) the labor trafficking victim suffers great bodily harm and the harm was proximately​
5.6caused by the labor trafficking conduct of the offender.​
5.7 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
5.8committed on or after that date.​
5.9 Sec. 7. Minnesota Statutes 2024, section 609.282, subdivision 2, is amended to read:​
5.10 Subd. 2.Other offenses.Whoever knowingly engages in the labor trafficking of another​
5.11is guilty of a crime and may be sentenced to imprisonment for not more than 15 20 years​
5.12or to payment of a fine of not more than $30,000 $40,000, or both.​
5.13 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
5.14committed on or after that date.​
5.15 Sec. 8. Minnesota Statutes 2024, section 609.283, subdivision 2, is amended to read:​
5.16 Subd. 2.Penalties.A person who violates subdivision 1 may be sentenced as follows:​
5.17 (1) if the crime involves a victim under the age of 18, to imprisonment for not more than​
5.18ten 15 years or to payment of a fine of $20,000 $30,000, or both; or​
5.19 (2) in other cases, to imprisonment for not more than five ten years or to payment of a​
5.20fine of not more than $10,000 $20,000, or both.​
5.21 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
5.22committed on or after that date.​
5.23 Sec. 9. Minnesota Statutes 2024, section 609.322, subdivision 1, is amended to read:​
5.24 Subdivision 1.Solicitation, inducement, and promotion of prostitution; sex trafficking​
5.25in the first degree.(a) Whoever, while acting other than as a prostitute or patron,​
5.26intentionally does any of the following may be sentenced to imprisonment for not more​
5.27than 25 30 years or to payment of a fine of not more than $50,000 $60,000, or both:​
5.28 (1) solicits or induces an individual under the age of 18 years to practice prostitution;​
5.29 (2) promotes the prostitution of an individual under the age of 18 years;​
5​Sec. 9.​
REVISOR KLL/MI 25-04113​02/20/25 ​ 6.1 (3) receives profit, knowing or having reason to know that it is derived from the​
6.2prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;​
6.3or​
6.4 (4) engages in the sex trafficking of an individual under the age of 18 years.​
6.5 (b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment​
6.6for not more than 30 35 years or to payment of a fine of not more than $60,000 $70,000,​
6.7or both, if one or more of the following aggravating factors are present:​
6.8 (1) the offender has committed a prior qualified human trafficking-related offense;​
6.9 (2) the offense involved a sex trafficking victim who suffered bodily harm during the​
6.10commission of the offense;​
6.11 (3) the time period that a sex trafficking victim was held in debt bondage or forced or​
6.12coerced labor or services exceeded 180 days; or​
6.13 (4) the offense involved more than one sex trafficking victim.​
6.14 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
6.15committed on or after that date.​
6.16 Sec. 10. Minnesota Statutes 2024, section 609.322, subdivision 1a, is amended to read:​
6.17 Subd. 1a.Solicitation, inducement, and promotion of prostitution; sex trafficking​
6.18in the second degree.Whoever, while acting other than as a prostitute or patron, intentionally​
6.19does any of the following may be sentenced to imprisonment for not more than 20 25 years​
6.20or to payment of a fine of not more than $40,000 $50,000, or both:​
6.21 (1) solicits or induces an individual to practice prostitution;​
6.22 (2) promotes the prostitution of an individual;​
6.23 (3) receives profit, knowing or having reason to know that it is derived from the​
6.24prostitution, or the promotion of the prostitution, of an individual; or​
6.25 (4) engages in the sex trafficking of an individual.​
6.26 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to crimes​
6.27committed on or after that date.​
6​Sec. 10.​
REVISOR KLL/MI 25-04113​02/20/25 ​