HF 487

as introduced - 91st Legislature (2019 - 2020) Posted on 01/28/2019 01:58pm

A bill for an act
relating to public safety; requiring use of facial recognition technology as part of
the driver's license and Minnesota identification card application process; proposing
coding for new law in Minnesota Statutes, chapter 171.

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

Section 1.

new text begin [171.0602] FRAUD DETECTION; FACIAL RECOGNITION.
new text end

new text begin (a) The commissioner must, for each driver's license or Minnesota identification card
application or renewal, use facial recognition technology as a means to (1) ensure no
individual is issued multiple licenses or identification cards, (2) prevent identification fraud,
and (3) expedite application processing times.
new text end

new text begin (b) When evaluating a driver's license or Minnesota identification card application under
this section, the commissioner must incorporate facial recognition software that uses
mathematical algorithms to identify features of the applicant's face and compare the features
against the photographs, algorithms, and other data stored in (1) the Department of Public
Safety's driver and identification card records, (2) relevant Federal Bureau of Investigation
records, and (3) any other relevant databases or record systems that provide law enforcement
or criminal history information.
new text end

new text begin (c) If a possible identity match is identified by the facial recognition software under
paragraph (b), the application and record must be reviewed by a department employee to
determine whether the match is valid. If the department employee determines the match is
valid, the commissioner (1) is prohibited from issuing a driver's license or Minnesota
identification card to the applicant subject to the identity match until the match is invalidated,
and (2) must refer the matter to an appropriate law enforcement entity.
new text end

new text begin (d) Upon receipt of an identity match confirmed by the department under paragraph (c),
the law enforcement entity receiving the referral must reevaluate the identity match to
determine whether the match is valid. The law enforcement entity must notify the
commissioner of the evaluation results under this paragraph. If the law enforcement entity
determines the identity match is valid, it may refer the matter for criminal prosecution. The
commissioner is prohibited from issuing a driver's license or Minnesota identification card
to an applicant if the law enforcement entity determines the referred identity match is valid.
The commissioner may issue a driver's license or Minnesota identification card to an applicant
if the law enforcement entity determines the referred identity match is invalid, subject to
the other requirements of this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, and applies to driver's
license and Minnesota identification card applications and renewals occurring on or after
that date.
new text end