1.1 	A bill for an act
1.2 	relating to public safety; increasing penalties for unlawful acts relating to 
1.3 	drivers' licenses; creating the crime of fraudulent identification cards; increasing 
1.4 	penalties for manufacturer or selling fraudulent identification cards; modifying 
1.5 	immigration status verification; requiring documentation of citizenship; requiring 
1.6 	reporting of undocumented immigrants;amending Minnesota Statutes 2004, 
1.7 	sections 171.22, subdivision 2; 256.01, subdivision 18, by adding subdivisions; 
1.8 	609.527, by adding a subdivision; 609.652, subdivisions 1, 3; Minnesota Statutes 
1.9 	2005 Supplement, section 609.527, subdivision 1.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

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

1.17 	Sec. 2. Minnesota Statutes 2004, section 256.01, subdivision 18, is amended to read:
1.18 		Subd. 18.Immigration status verifications. (a) Notwithstanding any waiver of 
1.19 	this requirement by the secretary of the United States Department of Health and Human 
1.20 	Services, effective July 1, 2001, the commissioner shall utilize the Systematic Alien 
1.21 	Verification for Entitlements (SAVE) program to conduct immigration status verifications:
1.22 	(1) as required under United States Code, title 8, section 1642;
1.23 	(2) for all applicants for food assistance benefits, whether under the federal food 
1.24 	stamp program, the MFIP or work first program, or the Minnesota food assistance program;
2.1 	(3) for all applicants for general assistance medical care, except assistance for an 
2.2 	emergency medical condition, for immunization with respect to an immunizable disease, 
2.3 	or for testing and treatment of symptoms of a communicable disease; and
2.4 	(4) for all applicants for general assistance, Minnesota supplemental aid, medical 
2.5 	assistance, federally funded and nonfederally funded MinnesotaCare, or group residential 
2.6 	housing, when the benefits provided by these programs would fall under the definition of 
2.7 	"federal public benefit" under United States Code, title 8, section 1642, if federal funds 
2.8 	were used to pay for all or part of the benefits.
2.9 	(b) The commissioner shall comply with the reporting requirements under United 
2.10 	States Code, title 42, section 611a, and any federal regulation or guidance adopted under 
2.11 	that law.

2.12 	Sec. 3. Minnesota Statutes 2004, section 256.01, is amended by adding a subdivision 
2.13 	to read:
2.14 		Subd. 18a.Reporting undocumented immigrants. (a) The commissioner shall 
2.15 	require all employees of the state and counties to make a written report to the United States 
2.16 	Citizenship and Immigration Service (USCIS) for any violation of federal immigration 
2.17 	law by any applicant for public benefits under chapter 256B, 256D, 256J, or 256L, that is 
2.18 	discovered by the employee.  Employees do not need an applicant's written authorization 
2.19 	to contact USCIS.
2.20 	(b) Failure to report discovered violations of federal immigration law by an 
2.21 	employee is a petty misdemeanor under section 609.02, subdivision 4a, and is punishable 
2.22 	by a fine of up to $300.  If the employee's supervisor knows of a failure to report and fails 
2.23 	to direct the employee to make the report, the supervisor is guilty of a petty misdemeanor 
2.24 	under section 609.02, subdivision 4a, which is punishable by a fine of up to $300.
2.25 	(c) This subdivision shall be enforced without regard to race, religion, gender, 
2.26 	ethnicity, or national origin.  Any person who is a resident of this state shall have standing 
2.27 	in any court of record to bring suit against any agent or agency of this state or its counties 
2.28 	to remedy any violation of any provision of this subdivision.

2.29 	Sec. 4. Minnesota Statutes 2004, section 256.01, is amended by adding a subdivision 
2.30 	to read:
2.31 		Subd. 23.Documentation of citizenship. The commissioner of human services 
2.32 	shall require an applicant for a state health care or income support program who claims 
2.33 	status as a citizen or national of the United States to present satisfactory documentary 
2.34 	evidence of citizenship or nationality of the individual, as specified in Title VI, subpart B, 
3.1 	chapter 3, section 6036 of the Deficit Reduction Act of 2005 (Public Law 109-171). For 
3.2 	purposes of this subdivision, "state health care or income support program" means any 
3.3 	program for which SAVE verification is required under subdivision 18.

3.4 	EFFECTIVE DATE. This section is effective July 1, 2006, and applies to 
3.5 	determinations of initial eligibility for a state health care or income support program 
3.6 	made on or after July 1, 2006, and to the first redetermination or renewal of eligibility 
3.7 	made on or after July 1, 2006, for individuals enrolled in a state health care or income 
3.8 	support program as of that date.

3.9 	Sec. 5. Minnesota Statutes 2005 Supplement, section 609.527, subdivision 1, is 
3.10 	amended to read:
3.11 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
3.12 	meanings given them in this subdivision.
3.13 	(b) "Direct victim" means any person or entity described in section 611A.01, 
3.14 	paragraph (b), whose identity has been transferred, used, or possessed in violation of 
3.15 	this section.
3.16 	(c) "False pretense" means any false, fictitious, misleading, or fraudulent information 
3.17 	or pretense or pretext depicting or including or deceptively similar to the name, logo, Web 
3.18 	site address, e-mail address, postal address, telephone number, or any other identifying 
3.19 	information of a for-profit or not-for-profit business or organization or of a government 
3.20 	agency, to which the user has no legitimate claim of right.
3.21 	(d) "Identification document" means any document or card issued to an individual 
3.22 	by a government agency or by the authority of a government agency containing the name 
3.23 	of a person and a description of the person or the person's photograph, or both, including 
3.24 	any of the following: a passport, visa, military identification card, Social Security card, 
3.25 	driver's license, or an identification card.
3.26 	(d) (e) "Identity" means any name, number, or data transmission that may be used, 
3.27 	alone or in conjunction with any other information, to identify a specific individual or 
3.28 	entity, including any of the following:
3.29 	(1) a name, Social Security number, date of birth, official government-issued 
3.30 	driver's license or identification number, government passport number, or employer or 
3.31 	taxpayer identification number;
3.32 	(2) unique electronic identification number, address, account number, or routing 
3.33 	code; or
3.34 	(3) telecommunication identification information or access device.
4.1 	(e) (f) "Indirect victim" means any person or entity described in section 611A.01, 
4.2 	paragraph (b), other than a direct victim.
4.3 	(f) (g) "Loss" means value obtained, as defined in section 609.52, subdivision 1, 
4.4 	clause (3), and expenses incurred by a direct or indirect victim as a result of a violation 
4.5 	of this section.
4.6 	(g) (h) "Unlawful activity" means:
4.7 	(1) any felony violation of the laws of this state or any felony violation of a similar 
4.8 	law of another state or the United States; and
4.9 	(2) any nonfelony violation of the laws of this state involving theft, theft by swindle, 
4.10 	forgery, fraud, or giving false information to a public official, or any nonfelony violation 
4.11 	of a similar law of another state or the United States.

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

4.14 	Sec. 6. Minnesota Statutes 2004, section 609.527, is amended by adding a subdivision 
4.15 	to read:
4.16 		Subd. 5b.Fraudulent identification cards; crime. A person who (1) knowingly 
4.17 	possesses, displays, or uses any false, fictitious, fraudulent, or altered identification 
4.18 	document, or (2) displays or represents as one's own an identification document not issued 
4.19 	to that person, is guilty of a gross misdemeanor.

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

4.22 	Sec. 7. Minnesota Statutes 2004, section 609.652, subdivision 1, is amended to read:
4.23 		Subdivision 1.Definitions. For purposes of this section:
4.24 	(1) "driver's license or identification card" means a driver's license or identification 
4.25 	card issued by the Driver and Vehicle Services Division of the Department of Public 
4.26 	Safety or receipts issued by its authorized agents or those of any state as defined in section  
4.27 	171.01 that issues licenses recognized in this state for the operation of a motor vehicle 
4.28 	or that issues identification cards recognized in this state for the purpose of indicating a 
4.29 	person's legal name and age, or any government issued identification card, including a 
4.30 	passport, visa, Social Security card, or military identification card; 
4.31 	(2) "fraudulent driver's license or identification card" means a document purporting 
4.32 	to be a driver's license or identification card, but that is not authentic; and
4.33 	(3) "sell" means to sell, barter, deliver, exchange, distribute, or dispose of to another.

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

5.3 	Sec. 8. Minnesota Statutes 2004, section 609.652, subdivision 3, is amended to read:
5.4 		Subd. 3.Penalties. A person who commits any act described in subdivision 2 is 
5.5 	guilty of a gross misdemeanor felony and may be sentenced to imprisonment for not 
5.6 	more than five years or to payment of a fine of not more than $10,000, or both. A person 
5.7 	convicted of a second or subsequent offense of this subdivision may be sentenced to 
5.8 	imprisonment for not more than five ten years or to payment of a fine of not more than 
5.9 	$10,000 $20,000, or both.

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