HF 3297

Introduction - 94th Legislature (2025 - 2026)

Posted on 05/06/2025 06:39 p.m.

A bill for an act
relating to drivers' licenses; requiring proof of lawful presence in the United States
to obtain driver's license or identification card; amending Minnesota Statutes 2024,
sections 171.04, subdivision 1; 171.06, subdivisions 1, 3, 8; 171.07, subdivisions
1, 3; 171.12, subdivisions 7a, 11; 171.1205.

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

Section 1. new text begin INTENT OF THE LEGISLATURE.
new text end

new text begin With this act, it is the intent of the legislature to enhance the safety of all Minnesotans
and to comply with United States Code, title 8, section 1324.
new text end

Sec. 2.

Minnesota Statutes 2024, section 171.04, subdivision 1, is amended to read:

Subdivision 1.

Persons not eligible.

The department shall not issue a driver's license:

(1) to any person under 18 years unless:

(i) the applicant is 16 or 17 years of age new text begin , provides proof of legal presence in the United
States, new text end and has a previously issued valid license from another state or country or the applicant
has, for the 12 consecutive months preceding application, held a provisional license and
during that time has incurred (A) no conviction for a violation of section 169A.20, 169A.33,
169A.35, sections 169A.50 to 169A.53, or section 171.177, (B) no conviction for a
crash-related moving violation, and (C) not more than one conviction for a moving violation
that is not crash related. "Moving violation" means a violation of a traffic regulation but
does not include a parking violation, vehicle equipment violation, or warning citation;

(ii) the application for a license is approved by (A) either parent when both reside in the
same household as the minor applicant or, if otherwise, then (B) the parent or spouse of the
parent having custody or, in the event there is no court order for custody, then (C) the parent
or spouse of the parent with whom the minor is living or, if subitems (A) to (C) do not apply,
then (D) the guardian having custody of the minor, (E) the foster parent or director of the
transitional living program in which the child resides or, in the event a person under the age
of 18 has no living father, mother, or guardian, or is married or otherwise legally
emancipated, then (F) the minor's adult spouse, adult close family member, or adult employer;
provided, that the approval required by this item contains a verification of the age of the
applicant and the identity of the parent, guardian, adult spouse, adult close family member,
or adult employer; and

(iii) the applicant presents a certification by the person who approves the application
under item (ii), stating that the applicant has driven a motor vehicle accompanied by and
under supervision of a licensed driver at least 21 years of age for at least ten hours during
the period of provisional licensure;

(2) to any person who is 18 years of age or younger, unless the person has applied for,
been issued, and possessed the appropriate instruction permit for a minimum of six months,
and, with respect to a person under 18 years of age, a provisional license for a minimum of
12 months;

(3) to any person who is 19 years of age or older, unless that person has applied for,
been issued, and possessed the appropriate instruction permit for a minimum of three months;

(4) to any person whose license has been suspended during the period of suspension
except that a suspended license may be reinstated during the period of suspension upon the
licensee furnishing proof of financial responsibility in the same manner as provided in the
Minnesota No-Fault Automobile Insurance Act;

(5) to any person whose license has been revoked except upon furnishing proof of
financial responsibility in the same manner as provided in the Minnesota No-Fault
Automobile Insurance Act and if otherwise qualified;

(6) to any drug-dependent person, as defined in section 254A.02, subdivision 5;

(7) to any person who has been adjudged legally incompetent by reason of mental illness,
mental deficiency, or inebriation, and has not been restored to capacity, unless the department
is satisfied that the person is competent to operate a motor vehicle with safety to persons
or property;

(8) to any person who is required by this chapter to take a vision, knowledge, or road
examination, unless the person has successfully passed the examination. An applicant who
fails four road tests must complete a minimum of six hours of behind-the-wheel instruction
with an approved instructor before taking the road test again;

(9) to any person who is required under the Minnesota No-Fault Automobile Insurance
Act to deposit proof of financial responsibility and who has not deposited the proof;

(10) to any person when the commissioner has good cause to believe that the operation
of a motor vehicle on the highways by the person would be inimical to public safety or
welfare;

(11) to any person when, in the opinion of the commissioner, the person is afflicted with
or suffering from a physical or mental disability or disease that will affect the person in a
manner as to prevent the person from exercising reasonable and ordinary control over a
motor vehicle while operating it upon the highways;

(12) to a person who is unable to read and understand official signs regulating, warning,
and directing traffic;

(13) to a child for whom a court has ordered denial of driving privileges under section
260C.201, subdivision 1, or 260B.235, subdivision 5, until the period of denial is completed;
deleted text begin or
deleted text end

(14) to any person whose license has been canceled, during the period of cancellation deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (15) to any person who has not provided proof of lawful presence in the United States.
new text end

Sec. 3.

Minnesota Statutes 2024, section 171.06, subdivision 1, is amended to read:

Subdivision 1.

Application format and requirements.

Every application for a Minnesota
identification card, including an enhanced identification card, or for a driver's license,
including an instruction permit, a provisional license, a noncompliant driver's license, a
REAL ID driver's license, and an enhanced driver's license, must be made in a format
approved by the department. Every application must be accompanied by payment of the
proper fee. All applicants must sign the application and declare, under penalty of perjury,
that the information and documentation presented in the application is true and correct. All
applications deleted text begin requiring deleted text end new text begin require new text end evidence of legal presence in the United States or United
States citizenship new text begin and new text end must be signed in the presence of the person authorized to accept the
application, or the signature on the application may be verified by a notary public.

Sec. 4.

Minnesota Statutes 2024, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

new text begin (2) include proof of lawful presence in the United States;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end contain a description of the applicant, including the applicant's height in feet and
inches, weight in pounds, eye color, and sex; the applicant's driving privileges; and the
applicant's ability to operate a motor vehicle with safety;

deleted text begin (3) deleted text end new text begin (4) new text end state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant elects not to specify a Social Security number;

deleted text begin (4) deleted text end new text begin (5) new text end contain a notification to the applicant of the availability of a living will/health
care directive designation on the license under section 171.07, subdivision 7;

deleted text begin (5) deleted text end new text begin (6) new text end include a method for the applicant to:

(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;

(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);

(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c;

(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b;

(v) indicate the applicant's race and ethnicity;

(vi) indicate caretaker information as provided under section 171.12, subdivision 5c;
and

(vii) indicate a temporary mailing address separate from the applicant's residence address
listed on the identification card or license; and

deleted text begin (6) deleted text end new text begin (7) new text end meet the requirements under section 201.161, subdivision 3.

(b) Applications must be accompanied by satisfactory evidence demonstrating:

(1) identity, date of birth, and any legal name change if applicable; and

(2) for drivers' licenses and Minnesota identification cards that meet all requirements of
the REAL ID Act:

(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;

(ii) Social Security number, or related documentation as applicable; and

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:

(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and

(2) a photographic identity document.

(d) An application form must not provide for identification of deleted text begin (1) deleted text end the accompanying
documents used by an applicant to demonstrate identity deleted text begin , or (2) except as provided in
paragraphs (b) and (c), deleted text end new text begin . The application form must provide for proof of new text end the applicant's
citizenship, immigration status, or lawful presence in the United States deleted text begin . deleted text end new text begin , and new text end the commissioner
deleted text begin and deleted text end new text begin or new text end a driver's license agent must deleted text begin not deleted text end inquire about an applicant's citizenship, immigration
status, or lawful presence in the United States deleted text begin , except as provided in paragraphs (b) and (c) deleted text end .

(e) A Minnesota driver's license or identification card must be issued only to an individual
who has a residence address in the state at the time of the application. Applications for an
enhanced driver's license or enhanced identification card must include proof of residency
in accordance with section 171.063, subdivision 6. An individual may only have one
residence address where the individual is domiciled at any particular time. The residence
address of the individual is presumed to continue until the contrary is shown. The applicant
must provide the following information about the residence address: residence number,
street name, street type, directional, city or town, state, and zip code.

(f) If an applicant designates a temporary mailing address under paragraph (a), clause
(5), item (vii), the commissioner must use the temporary mailing address in lieu of the
applicant's residence address for delivery of the driver's license or identification card. The
commissioner must send all other correspondence to the applicant's residence address.
Nothing in this paragraph or paragraph (a), clause deleted text begin (5) deleted text end new text begin (6) new text end , item (vii), may be construed to
modify or remove proof of residency requirements at the time of application for an initial
driver's permit, driver's license, or identification card.

Sec. 5.

Minnesota Statutes 2024, section 171.06, subdivision 8, is amended to read:

Subd. 8.

Noncompliant license or identification card; residence, lawful status.

(a)
A person who applies for a noncompliant driver's license or identification card:

(1) must declare the applicant's residence address in Minnesota; and

(2) is deleted text begin not deleted text end required to demonstrate United States citizenship or lawful presence in the
United States.

(b) Minnesota Rules, part 7410.0410, or any successor rule, does not apply for a
noncompliant driver's license or identification card.

(c) Nothing in this section allows the commissioner to issue a deleted text begin commercial deleted text end driver's license
to an applicant who does not demonstrate proof of deleted text begin citizenship or immigration status if
required by federal law deleted text end new text begin lawful presence in the United States new text end .

Sec. 6.

Minnesota Statutes 2024, section 171.07, subdivision 1, is amended to read:

Subdivision 1.

License; contents and design.

(a) Upon the payment of the required fee,
the department shall issue to every qualifying applicant a license designating the type or
class of vehicles the applicant is authorized to drive as applied for. This license must bear:
(1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date
of birth; (3) either (i) the licensee's residence address, or (ii) the designated address under
section 5B.05; (4) a description of the licensee in a manner as the commissioner deems
necessary; (5) the usual signature of the licensee; and (6) designations and markings as
provided in this section. No license is valid unless it bears the usual signature of the licensee.
Every license must bear a colored photograph or an electronically produced image of the
licensee.

(b) If the United States Postal Service will not deliver mail to the applicant's residence
address as listed on the license, then the applicant shall provide verification from the United
States Postal Service that mail will not be delivered to the applicant's residence address and
that mail will be delivered to a specified alternate mailing address. When an applicant
provides an alternate mailing address under this subdivision, the commissioner shall use
the alternate mailing address in lieu of the applicant's residence address for all notices and
mailings to the applicant.

(c) Every license issued to an applicant under the age of 21 must be of a distinguishing
color and plainly marked "Under-21."

(d) A license issued to an applicant age 65 or over must be plainly marked "senior" if
requested by the applicant.

(e) Except for a noncompliant license, a license must bear a distinguishing indicator for
compliance with requirements of the REAL ID Act.

(f) A noncompliant license must:

(1) be marked "not for federal identification" on the face and in the machine-readable
portion; new text begin and
new text end

(2) have a unique design or color indicator for purposes of the REAL ID Act deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) bear no indicator or design that relates to the lawful presence or the citizenship of
the license holder.
deleted text end

(g) A REAL ID compliant license issued to a person with temporary lawful status or
admission period must be marked "temporary" on the face and in the machine-readable
portion.

(h) A license must display the licensee's full name or no fewer than 39 characters of the
name. Any necessary truncation must begin with the last character of the middle name and
proceed through the second letter of the middle name, followed by the last character of the
first name and proceeding through the second letter of the first name.

Sec. 7.

Minnesota Statutes 2024, section 171.07, subdivision 3, is amended to read:

Subd. 3.

Identification card; content and design; fee.

(a) Upon payment of the required
fee, the department shall issue to every qualifying applicant a Minnesota identification card.
The department may not issue a Minnesota identification card to an individual who has a
driver's license, other than a limited license. The department may not issue an enhanced
identification card to an individual who is under 16 years of age, not a resident of this state,
or not a citizen of the United States of America. The card must bear: (1) a distinguishing
number assigned to the applicant; (2) a colored photograph or an electronically produced
image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the
licensee's residence address, or (ii) the designated address under section 5B.05; (5) a
description of the applicant in the manner as the commissioner deems necessary; (6) the
usual signature of the applicant; and (7) designations and markings provided under this
section.

(b) If the United States Postal Service will not deliver mail to the applicant's residence
address as listed on the Minnesota identification card, then the applicant shall provide
verification from the United States Postal Service that mail will not be delivered to the
applicant's residence address and that mail will be delivered to a specified alternate mailing
address. When an applicant provides an alternate mailing address under this subdivision,
the commissioner shall use the alternate mailing address in lieu of the applicant's residence
address for all notices and mailings to the applicant.

(c) Each identification card issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) Each Minnesota identification card must be plainly marked "Minnesota identification
card - not a driver's license."

(e) Except for a noncompliant identification card, a Minnesota identification card must
bear a distinguishing indicator for compliance with requirements of the REAL ID Act.

(f) A noncompliant identification card must:

(1) be marked "not for federal identification" on the face and in the machine-readable
portion; new text begin and
new text end

(2) have a unique design or color indicator for purposes of the REAL ID Act deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (3) bear no indicator or design that relates to the lawful presence or the citizenship of
the identification card holder.
deleted text end

(g) A REAL ID compliant Minnesota identification card issued to a person with temporary
lawful status or admission period must be marked "temporary" on the face and in the
machine-readable portion.

(h) A Minnesota identification card must display the cardholder's full name or no fewer
than 39 characters of the name. Any necessary truncation must begin with the last character
of the middle name and proceed through the second letter of the middle name, followed by
the last character of the first name and proceeding through the second letter of the first name.

(i) The fee for a Minnesota identification card is 50 cents when issued to a person who
is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically
disabled person, as defined in section 169.345, subdivision 2; or, a person with mental
illness, as described in section 245.462, subdivision 20, paragraph (c).

Sec. 8.

Minnesota Statutes 2024, section 171.12, subdivision 7a, is amended to read:

Subd. 7a.

Disclosure of personal information.

(a) Subject to subdivision 11, the
commissioner must disclose personal information where the use is related to the operation
of a motor vehicle or to public safety. The use of personal information is related to public
safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, or
property. The commissioner may refuse to disclose data under this subdivision when the
commissioner concludes that the requester is likely to use the data for illegal, improper, or
noninvestigative purposes.

(b) The commissioner must disclose personal information to the secretary of state for
the purpose of deleted text begin increasing voter registration and deleted text end improving the accuracy of voter registration
records in the statewide voter registration system. The secretary of state may not retain data
provided by the commissioner under this subdivision for more than 60 days and may not
share or disseminate any data on individuals who have applied for or been issued a
noncompliant driver's license or identification card except for the purpose of administering
elections or as permitted in section 201.13, subdivision 3, paragraph (d).

Sec. 9.

Minnesota Statutes 2024, section 171.12, subdivision 11, is amended to read:

Subd. 11.

Certain data on noncompliant license or identification card; department
and agents.

(a) For purposes of this section, "immigration status data" means data on
individuals who have applied for or been issued a noncompliant driver's license or
identification card and that indicate or otherwise have the effect of identifying deleted text begin (1) deleted text end whether
the individual has demonstrated United States citizenship deleted text begin , or (2) whether the individual has
demonstrated lawful presence in the United States deleted text end . Immigration status data include but are
not limited to any documents specified under section 171.062; immigration status data
contained in those documents; or the applicant's submission of the documents.

(b) Immigration status data are classified as private data on individuals, as defined in
section 13.02, subdivision 12. Notwithstanding any law to the contrary, the commissioner
or a driver's license agent must not share or disseminate immigration status data except to
or within the division of the department that administers driver licensing and to the secretary
of state for purposes of improving the accuracy of voter registration records under subdivision
7a.

(c) As authorized or required by state or federal law, the commissioner or a driver's
license agent may share or disseminate data on individuals who have applied for or been
issued a noncompliant driver's license or identification card that are not immigration status
data to a government entity, as defined in section 13.02, subdivision 7a, or to a federal
government entity that does not enforce immigration law, provided that the receiving entity
must not use the data for civil immigration enforcement purposes or further disclose the
data to a state or federal government entity that primarily enforces immigration law or to
any employee or agent of any such government entity.

(d) Notwithstanding any law to the contrary, the commissioner or a driver's license agent
deleted text begin must not deleted text end new text begin may new text end share or disseminate any data on individuals who have applied for or been
issued a noncompliant driver's license or identification card to any federal government entity
that primarily enforces immigration law deleted text begin , except deleted text end pursuant to a valid search warrant or court
order issued by a state or federal judge.

(e) Violation of this subdivision by the commissioner, a driver's license agent, a
government entity, or an employee or agent thereof constitutes a violation of the Minnesota
Government Data Practices Act and may be subject to penalties and remedies applicable
under that chapter.

Sec. 10.

Minnesota Statutes 2024, section 171.1205, is amended to read:

171.1205 RESTRICTIONS ON USE.

A state agency or a political subdivision must not use the possession of a noncompliant
driver's license or identification card as deleted text begin (1) evidence of a person's citizenship or lawful
presence in the United States, or (2) deleted text end the primary basis for investigation, detention, or arrest.

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective October 1, 2025, for driver's license and Minnesota identification
card applications and issuance on or after that date.
new text end