HF 1163

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 05:47pm

A bill for an act
relating to transportation; modifying requirements for a noncompliant driver's
license or Minnesota identification card and making related changes, including on
eligibility, proof of lawful presence, primary and secondary documentation, and
data practices; making technical changes; appropriating money; amending
Minnesota Statutes 2020, sections 13.6905, by adding a subdivision; 171.04,
subdivision 5; 171.06, subdivision 3, by adding subdivisions; 171.07, subdivisions
1, 3; 171.12, subdivisions 7a, 9, by adding a subdivision; repealing Minnesota
Statutes 2020, section 171.015, subdivision 7.

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

ARTICLE 1

LICENSES AND IDENTIFICATION CARDS

Section 1.

Minnesota Statutes 2020, section 171.04, subdivision 5, is amended to read:

Subd. 5.

Temporary lawful admission.

The commissioner is prohibited from issuing
a driver's license or Minnesota identification card to an applicant deleted text begin whose deleted text end new text begin having a new text end lawful
temporary admission period, as demonstrated under section 171.06, subdivision 3, paragraph
(b), new text begin clause (2), that new text end expires within 30 days of the date of the application.

Sec. 2.

Minnesota Statutes 2020, 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;

(2) as may be required by the commissioner, contain a description of the applicant and
any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) 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 deleted text begin certifies that the applicant deleted text end is not eligible for a Social Security number;

(4) 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; and

(5) 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 paragraph (d);

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

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

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

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

(2) for driver's 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.

Sec. 3.

Minnesota Statutes 2020, section 171.06, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Noncompliant license or identification card; lawful status. new text end

new text begin (a) A person is
not required to demonstrate United States citizenship or lawful presence in the United States
in order to obtain a noncompliant driver's license or identification card.
new text end

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

Sec. 4.

Minnesota Statutes 2020, section 171.06, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Noncompliant license or identification card; general requirements. new text end

new text begin (a) A
document submitted under this subdivision or subdivision 9 or 10 must include the applicant's
name and must be:
new text end

new text begin (1) issued to or provided for the applicant;
new text end

new text begin (2) legible and unaltered;
new text end

new text begin (3) an original or a copy certified by the issuing agency; and
new text end

new text begin (4) accompanied by a certified translation or an affidavit of translation into English, if
the document is not in English.
new text end

new text begin (b) If the applicant's current legal name is different from the name on a document
submitted under subdivision 9 or 10, the applicant must submit:
new text end

new text begin (1) a certified copy of a court order that specifies the applicant's name change;
new text end

new text begin (2) a certified copy of the applicant's certificate of marriage;
new text end

new text begin (3) a certified copy of a divorce decree or dissolution of marriage that specifies the
applicant's name change, issued by a court; or
new text end

new text begin (4) similar documentation of a lawful change of name, as determined by the
commissioner.
new text end

new text begin (c) The commissioner must establish a process to grant a waiver from the requirements
under this subdivision and subdivisions 9 and 10.
new text end

new text begin (d) The same document must not be submitted as both a primary document under
subdivision 9 and a secondary document under subdivision 10.
new text end

Sec. 5.

Minnesota Statutes 2020, section 171.06, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Noncompliant license or identification card; primary documents. new text end

new text begin (a) For
a noncompliant driver's license or identification card, primary documents under Minnesota
Rules, part 7410.0400, subpart 2, or successor rules, include the following:
new text end

new text begin (1) a noncompliant driver's license or identification card that is current or has been
expired for five years or less;
new text end

new text begin (2) an unexpired foreign passport or a foreign consular identification document that
bears a photograph of the applicant; and
new text end

new text begin (3) a certified birth certificate issued by a foreign jurisdiction.
new text end

new text begin (b) A document submitted under this subdivision must contain security features that
make the document as impervious to alteration as is reasonably practicable in its design and
quality of material and technology.
new text end

new text begin (c) For purposes of this subdivision and subdivision 10, "foreign" means a jurisdiction
that is not, and is not within, the United States, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, or a
territory of the United States.
new text end

new text begin (d) Submission of more than one primary document is not required under this subdivision.
new text end

Sec. 6.

Minnesota Statutes 2020, section 171.06, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Noncompliant license or identification card; secondary documents. new text end

new text begin (a)
For a noncompliant driver's license or identification card, secondary documents under
Minnesota Rules, part 7410.0400, subpart 3, or successor rules, include the following:
new text end

new text begin (1) a second document listed under subdivision 9, paragraph (a);
new text end

new text begin (2) a notice of action on or proof of submission of a completed Application for Asylum
and for Withholding of Removal issued by the United States Department of Homeland
Security, Form I-589;
new text end

new text begin (3) a Certificate of Eligibility for Nonimmigrant Student Status issued by the United
States Department of Homeland Security, Form I-20;
new text end

new text begin (4) a Certificate of Eligibility for Exchange Visitor Status issued by the United States
Department of State, Form DS-2019;
new text end

new text begin (5) a Deferred Action for Childhood Arrival approval notice issued by the United States
Department of Homeland Security;
new text end

new text begin (6) an employment authorization document issued by the United States Department of
Homeland Security, Form I-688, Form I-688A, Form I-688B, or Form I-766;
new text end

new text begin (7) a document issued by the Social Security Administration with an individual taxpayer
identification number;
new text end

new text begin (8) mortgage documents for the applicant's residence;
new text end

new text begin (9) a filed property deed or title for the applicant's residence;
new text end

new text begin (10) a United States high school student identification card with a certified transcript
from the school;
new text end

new text begin (11) a Minnesota college or university identification card with a certified transcript from
the college or university;
new text end

new text begin (12) a Social Security card;
new text end

new text begin (13) a Minnesota unemployment insurance benefit statement issued no more than 90
days before the application;
new text end

new text begin (14) a valid identification card for health benefits or an assistance or social services
program;
new text end

new text begin (15) a Minnesota vehicle certificate of title issued no more than 12 months before the
application;
new text end

new text begin (16) an unexpired Selective Service card;
new text end

new text begin (17) military orders that are still in effect at the time of application;
new text end

new text begin (18) a certified copy of the applicant's certificate of marriage;
new text end

new text begin (19) a certified copy of a court order that specifies the applicant's name change;
new text end

new text begin (20) a certified copy of a divorce decree or dissolution of marriage that specifies the
applicant's name change, issued by a court;
new text end

new text begin (21) any of the following documents issued by a foreign jurisdiction:
new text end

new text begin (i) a driver's license that is current or has been expired for five years or less;
new text end

new text begin (ii) a high school, college, or university student identification card with a certified
transcript from the school;
new text end

new text begin (iii) an official high school, college, or university transcript that includes the applicant's
date of birth and a photograph of the applicant at the age the record was issued; and
new text end

new text begin (iv) a federal electoral photographic card issued on or after January 1, 1991; and
new text end

new text begin (22) additional documents as determined by the commissioner.
new text end

new text begin (b) Submission of more than one secondary document is not required under this
subdivision.
new text end

Sec. 7.

Minnesota Statutes 2020, 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; deleted text begin and
deleted text end

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

new text begin (3) bear no indication regarding lawful presence of the license holder new text end .

(g) A new text begin REAL ID compliant new text end license issued to a person with temporary lawful status new text begin or
admission period new text end 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. 8.

Minnesota Statutes 2020, 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; deleted text begin and
deleted text end

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

new text begin (3) bear no indication regarding lawful presence of the identification card holder new text end .

(g) A deleted text begin Minnesota deleted text end new text begin REAL ID compliant new text end identification card issued to a person with temporary
lawful status new text begin or admission period new text end 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. 9. new text begin APPROPRIATION.
new text end

new text begin $267,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety to implement the requirements of this act. This is a onetime appropriation
and is available until June 30, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 171.015, subdivision 7, new text end new text begin is repealed.
new text end

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

new text begin Unless provided otherwise, this act is effective October 1, 2021, for driver's license and
Minnesota identification card applications and issuance on or after that date.
new text end

ARTICLE 2

DATA PROTECTIONS

Section 1.

Minnesota Statutes 2020, section 13.6905, is amended by adding a subdivision
to read:

new text begin Subd. 36. new text end

new text begin Noncompliant license or identification card; lawful status. new text end

new text begin Data on certain
noncompliant drivers' licenses or identification cards are governed by section 171.12,
subdivision 11.
new text end

Sec. 2.

Minnesota Statutes 2020, section 171.12, subdivision 7a, is amended to read:

Subd. 7a.

Disclosure of personal information.

new text begin (a) new text end The commissioner shall 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. new text begin Nothing
in this paragraph authorizes disclosure of data restricted under subdivision 11.
new text end

new text begin (b) new text end The commissioner shall disclose personal information to the secretary of state for
the purpose of increasing voter registration and 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.

Sec. 3.

Minnesota Statutes 2020, section 171.12, subdivision 9, is amended to read:

Subd. 9.

Driving record disclosure to law enforcement.

new text begin Except as restricted under
subdivision 11, new text end the commissioner shall also furnish driving records, without charge, to
chiefs of police, county sheriffs, prosecuting attorneys, and other law enforcement agencies
with the power to arrest.

Sec. 4.

Minnesota Statutes 2020, section 171.12, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Certain data on noncompliant license or identification card; department
and agents. new text end

new text begin (a) The commissioner must not share or disseminate outside of the division of
the department administering driver licensing any data on individuals indicating or otherwise
having the effect of identifying that the individual applied for, was denied, or was issued a
noncompliant driver's license or identification card without demonstrating United States
citizenship or lawful presence in the United States.
new text end

new text begin (b) A driver's license agent must not share or disseminate, other than to the division of
the department administering driver licensing, any data on individuals indicating or otherwise
having the effect of identifying that the individual applied for, was denied, or was issued a
noncompliant driver's license or identification card without demonstrating United States
citizenship or lawful presence in the United States.
new text end

new text begin (c) Data under paragraphs (a) and (b) include but are not limited to information related
to documents submitted under section 171.06, subdivision 8, 9, or 10.
new text end

new text begin (d) Notwithstanding any law to the contrary, this subdivision prohibits the commissioner
and a driver's license agent from sharing or disseminating the data described in paragraphs
(a) to (c) with any entity otherwise authorized to obtain data under subdivision 7; any
political subdivision; any state agency as defined in section 13.02, subdivision 17; or any
federal entity.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-02762

171.015 DRIVER'S LICENSE DIVISION.

Subd. 7.

Rulemaking limitation.

(a) Notwithstanding any law to the contrary, the commissioner is prohibited from adopting any final rule that amends, conflicts with, or has the effect of modifying requirements in Minnesota Rules, parts 7410.0100 to 7410.0800.

(b) This subdivision does not constitute authorization for the commissioner to adopt rules absent authority otherwise provided by other law.