SF 290

Introduction - 94th Legislature (2025 - 2026)

Posted on 01/28/2025 11:33 a.m.

A bill for an act
relating to drivers' licenses; modifying data requirements of applications for a
noncompliant driver's license or identification card; requiring a report; amending
Minnesota Statutes 2024, sections 171.06, subdivision 1; 171.062, by adding a
subdivision; 171.12, subdivision 11.

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

Section 1.

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 requiring evidence of legal presence in the United States or United States
citizenship 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. new text begin Every application
must include the following statement: "Only citizens may serve on a jury. If you are not a
citizen, you are not eligible to serve on a jury."
new text end

Sec. 2.

Minnesota Statutes 2024, section 171.062, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Noncompliant license; department duties. new text end

new text begin (a) For purposes of issuing a
noncompliant driver's license or identification card where the applicant submits a document
issued by a foreign jurisdiction under subdivision 4 or 5, the commissioner must establish
a process by which primary or secondary documents from a foreign jurisdiction are certified
for their authenticity and security.
new text end

new text begin (b) The commissioner must collect data on the primary or secondary documents issued
by a foreign jurisdiction, including but not limited to:
new text end

new text begin (1) the country of origin;
new text end

new text begin (2) the type of document used; and
new text end

new text begin (3) whether the department has collected documents from the foreign jurisdiction before
the application by the person seeking a noncompliant driver's license or identification card
was made.
new text end

new text begin The data collected must not be private data or contain any identifiable information about
the applicant seeking a noncompliant driver's license or identification card.
new text end

Sec. 3.

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 (1) whether
the individual has demonstrated United States citizenship, or (2) whether the individual has
demonstrated lawful presence in the United States. 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 new text begin :
new text end

new text begin (1) new text end to or within the division of the department that administers driver licensing deleted text begin and deleted text end new text begin ;
new text end

new text begin (2) new text end to the secretary of state for purposes of improving the accuracy of voter registration
records under subdivision 7a deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) to the state court administrator for purposes of improving the accuracy of jury
selection procedures; and
new text end

new text begin (4) for the purposes specified in paragraph (c).
new text end

(c) new text begin The commissioner or a driver's license agent must share or disseminate immigration
status data with certifying entities, as defined in section 611A.95, subdivision 1, when
necessary and solely for the purposes of:
new text end

new text begin (1) providing outreach to victims of criminal activity to inform them of the entity's
certification process; and
new text end

new text begin (2) processing the current United States Citizenship and Immigration Services Form
I-918, Supplement B, and any successor forms, as required by federal immigration law.
new text end

new text begin (d) new text end 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.

deleted text begin (d) deleted text end new text begin (e) new text end Notwithstanding any law to the contrary, the commissioner or a driver's license
agent must not 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, except pursuant to a valid search warrant or court
order issued by a state or federal judge.

new text begin (f) The commissioner or a driver's license agent must share or disseminate data on
individuals who have applied for or been issued a noncompliant driver's license or
identification card to a federal, state, or local governmental entity pursuant to a valid search
warrant, subpoena, or court order issued by a state or federal judge.
new text end

deleted text begin (e) deleted text end new text begin (g) new text end 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. 4. new text begin REPORT.
new text end

new text begin (a) By December 15, 2025, the commissioner of public safety must report to the chairs
and ranking minority members of the legislative committees with jurisdiction over licensing
drivers. The report must include information collected by the commissioner of public safety
under Minnesota Statutes, section 171.062, subdivision 7. The report must include
information on the processes used by the commissioner to certify primary documents from
a foreign jurisdiction as authentic and verify their security features under Minnesota Statutes,
section 171.062, subdivision 6.
new text end

new text begin (b) The report must include a list of foreign jurisdictions where primary or secondary
documents were accepted for issuance of a noncompliant driver's license or identification
card, the type of accepted primary or secondary documents accepted from that jurisdiction,
and whether any primary or secondary document from a foreign jurisdiction does not comply
with the requirements set forth in Minnesota Statutes, section 171.062, subdivisions 3 to 5.
new text end

new text begin (c) The report must include a specific analysis of:
new text end

new text begin (1) how the commissioner determines whether a court has competent jurisdiction for
purposes of Minnesota Statutes, section 171.062, subdivision 1, paragraph (b), and
subdivision 5, paragraph (a), clause (31), item (vi);
new text end

new text begin (2) how the commissioner determines if a document is "similar documentation" for
purposes of Minnesota Statutes, section 171.062, subdivision 3, paragraph (b), clause (4);
and
new text end

new text begin (3) what constitutes "reasonably practicable" for purposes of Minnesota Statutes, section
171.062, subdivision 4, paragraph (b).
new text end