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HF 1500

3rd Engrossment - 91st Legislature (2019 - 2020) Posted on 04/08/2019 05:57pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2019
1st Engrossment Posted on 03/07/2019
2nd Engrossment Posted on 03/18/2019
3rd Engrossment Posted on 04/08/2019
Subcommittee Engrossments
1st Subcommittee Engrossment Posted on 03/12/2019
Division Engrossments
1st Division Engrossment Posted on 03/04/2019
2nd Division Engrossment Posted on 03/05/2019

Current Version - 3rd Engrossment

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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, voter
registration, and data practices; making technical changes; appropriating money;
amending Minnesota Statutes 2018, sections 13.6905, by adding a subdivision;
171.04, subdivision 5; 171.06, subdivision 3, by adding subdivisions; 171.07,
subdivisions 1, 3, 4; 171.12, subdivisions 7a, 9, by adding subdivisions; 171.17,
by adding a subdivision; 171.27; 201.061, subdivision 3; repealing Minnesota
Statutes 2018, 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 2018, 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 beginwhosedeleted text endnew text begin having anew text end lawful
temporary admission period, as demonstrated under section 171.06, subdivision 3, paragraph
(b),new text begin clause (2), thatnew text end expires within 30 days of the date of the application.

Sec. 2.

Minnesota Statutes 2018, 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 begincertifies that the applicantdeleted 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) contain spaces where the applicant may:

(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); and

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

(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 2018, 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 successor rules, does not apply for a
noncompliant driver's license or identification card.
new text end

new text begin (c) If an applicant is listed in any disqualifying database or registry specified under
paragraph (d), the commissioner is prohibited from issuing or renewing a noncompliant
driver's license or identification card to that applicant. The commissioner must absorb all
costs associated with implementing this paragraph using existing appropriations and
resources.
new text end

new text begin (d) Disqualifying databases and registries for purposes of paragraph (c) are:
new text end

new text begin (1) the National Sex Offender Registry;
new text end

new text begin (2) the National Crime Information Center's:
new text end

new text begin (i) wanted person database;
new text end

new text begin (ii) gang database;
new text end

new text begin (iii) known or suspected terrorist database;
new text end

new text begin (iv) violent person database;
new text end

new text begin (v) foreign fugitive database;
new text end

new text begin (vi) immigration violator database; and
new text end

new text begin (vii) protection order database; and
new text end

new text begin (3) the National Driver Register.
new text end

Sec. 4.

Minnesota Statutes 2018, 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 be legible and
unaltered, an original or a copy certified by the issuing agency, and 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) A document submitted under this subdivision or subdivision 9 or 10 must (1) be
issued to or provided for the applicant, and (2) include the applicant's name.
new text end

new text begin (c) 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 (d) 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 (e) 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 2018, 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 2018, 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 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 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 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 2018, 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 an enhanced driver's license or 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; and

(2) have a unique design or color indicator new text beginfor purposes of the REAL ID Actnew text end.

(g)new text begin A noncompliant license issued under any of the following circumstances must be
marked "not for voting" on the front side commensurate with other text, and must bear no
other indication regarding lawful presence of the license holder:
new text end

new text begin (1) the application is for first-time issuance of a license in Minnesota, and the applicant
has not demonstrated United States citizenship;
new text end

new text begin (2) the applicant's most recently issued noncompliant license or identification card is
marked as required under this paragraph or subdivision 3, paragraph (g), and the applicant
has not demonstrated United States citizenship; or
new text end

new text begin (3) the applicant submits a document that identifies a temporary lawful status or admission
period.
new text end

new text begin (h)new text end Anew text begin REAL ID compliantnew text end license issued to a person with temporary lawful status new text beginor
admission period
new text end must be marked "temporary" on the face and in the machine-readable
portion.

deleted text begin (h)deleted text endnew text begin (i)new text end 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 2018, 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 an enhanced identification card or 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; and

(2) have a unique design or color indicator new text beginfor purposes of the REAL ID Actnew text end.

(g)new text begin A noncompliant identification card issued under any of the following circumstances
must be marked "not for voting" on the front side commensurate with other text, and must
bear no other indication regarding lawful presence of the identification card holder:
new text end

new text begin (1) the application is for first-time issuance of a Minnesota identification card, and the
applicant has not demonstrated United States citizenship;
new text end

new text begin (2) the applicant's most recently issued noncompliant license or identification card is
marked as required under this paragraph or subdivision 1, paragraph (g), and the applicant
has not demonstrated United States citizenship; or
new text end

new text begin (3) the applicant submits a document that identifies a temporary lawful status or admission
period.
new text end

new text begin (h)new text end A deleted text beginMinnesotadeleted text endnew text begin REAL ID compliantnew text end identification card issued to a person with temporary
lawful status new text beginor admission periodnew text end must be marked "temporary" on the face and in the
machine-readable portion.

deleted text begin (h)deleted text endnew text begin (i)new text end 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.

deleted text begin (i)deleted text endnew text begin (j)new text end 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.

Minnesota Statutes 2018, section 171.07, subdivision 4, is amended to read:


Subd. 4.

Identification card expiration.

(a) Except as otherwise provided in this
subdivision, the expiration date of a Minnesota identification card is the birthday of the
applicant in the fourth year following the date of issuance of the card.

(b) For an applicant age 65 or older:

(1) the expiration date of a Minnesota identification card is the birthday of the applicant
in the eighth year following the date of issuance of the card; or

(2) a noncompliant identification card is valid for the lifetime of the applicant.

(c) For the purposes of paragraph (b), "Minnesota identification card" does not include
an enhanced identification card issued to an applicant age 65 or older.

(d) The expiration date for an Under-21 identification card is the cardholder's 21st
birthday. The commissioner shall issue an identification card to a holder of an Under-21
identification card who applies for the card, pays the required fee, and presents proof of
identity and age, unless the commissioner determines that the applicant is not qualified for
the identification card.

(e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification cardnew text begin
that meets all requirements of the REAL ID Act
new text end issued to a person with temporary lawful
status isnew text begin (1)new text end the last day of the person's legal stay in the United States, ornew text begin (2)new text end one year after
issuance if the last day of the person's legal stay is not identified.

new text begin (f) Notwithstanding paragraphs (a) to (b), the expiration date for a noncompliant
identification card that must be marked as provided in subdivision 3, paragraph (g), is the
earlier of (1) the birthday of the applicant in the second year following the date of issuance
of the card, or (2) as provided in paragraph (d).
new text end

Sec. 10.

Minnesota Statutes 2018, section 171.17, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Voting offenses. new text end

new text begin Upon notification by the secretary of state that a person has
voted in a federal, state, or local election, and at the time of voting the person was not eligible
to vote and held a noncompliant driver's license marked as provided in section 171.07,
subdivision 1, paragraph (g), the commissioner must immediately revoke the driver's license.
A revocation under this subdivision is permanent.
new text end

Sec. 11.

Minnesota Statutes 2018, section 171.27, is amended to read:


171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.

(a) Except as otherwise provided in this section, the expiration date for each driver's
license is the birthday of the driver in the fourth year following the date of issuance of the
license. The birthday of the driver shall be as indicated on the application for a driver's
license. A license may be renewed on or before expiration or within one year after expiration
upon application, payment of the required fee, and passing the examination required of all
drivers for renewal. Driving privileges shall be extended or renewed on or preceding the
expiration date of an existing driver's license unless the commissioner believes that the
licensee is no longer qualified as a driver.

(b) The expiration date for each under-21 license shall be the 21st birthday of the licensee.
Upon the licensee attaining the age of 21 and upon the application, payment of the required
fee, and passing the examination required of all drivers for renewal, a driver's license shall
be issued unless the commissioner determines that the licensee is no longer qualified as a
driver.

(c) The expiration date for each provisional license is two years after the date of
application for the provisional license.

(d) Notwithstanding paragraphs (a) to (c), the expiration date for a licensenew text begin that meets all
requirements of the REAL ID Act
new text end issued to a person with temporary lawful status isnew text begin (1)new text end the
last day of the person's legal stay in the United States, ornew text begin (2)new text end one year after issuance if the
last day of the person's legal stay is not identified.

(e)new text begin Notwithstanding paragraphs (a) to (c), the expiration date for a license that must be
marked as provided in section 171.07, subdivision 1, paragraph (g), is the earlier of (1) the
birthday of the applicant in the second year following the date of issuance of the license,
or (2) as provided in paragraph (b).
new text end

new text begin (f)new text end Any valid Minnesota driver's license issued to a person then or subsequently serving
outside Minnesota in active military service, as defined in section 190.05, subdivision 5, in
any branch or unit of the armed forces of the United States, or the person's spouse, shall
continue in full force and effect without requirement for renewal until the date one year
following the service member's separation or discharge from active military service, and
until the license holder's birthday in the fourth full year following the person's most recent
license renewal or, in the case of a provisional license, until the person's birthday in the
third full year following the renewal.

Sec. 12. new text beginAPPROPRIATIONS.
new text end

new text begin $267,000 in fiscal year 2019 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, 2020.
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. 13. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 171.015, subdivision 7, new text end new text begin is repealed.
new text end

Sec. 14. new text beginEFFECTIVE DATE.
new text end

new text begin Unless provided otherwise, this act is effective October 1, 2019, 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 2018, 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 driver's licenses or identification cards are governed by section 171.12,
subdivisions 11 and 12.
new text end

Sec. 2.

Minnesota Statutes 2018, section 171.12, subdivision 7a, is amended to read:


Subd. 7a.

Disclosure of personal information.

new text begin(a) new text endThe 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 2018, section 171.12, subdivision 9, is amended to read:


Subd. 9.

Driving record disclosure to law enforcement.

new text beginExcept as restricted under
subdivision 11,
new text endthe 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 2018, 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) includes but is 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

Sec. 5.

Minnesota Statutes 2018, section 171.12, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Certain data on noncompliant license or identification card; criminal
justice.
new text end

new text begin (a) A criminal justice agency, as defined in section 13.02, subdivision 3a, must not
take any action on the basis of a marking under section 171.07, subdivision 1, paragraph
(g), or 3, paragraph (g).
new text end

new text begin (b) Nothing in this subdivision prevents a criminal justice agency from the performance
of official duties independent of using the data described in paragraph (a).
new text end

ARTICLE 3

ELECTIONS

Section 1.

Minnesota Statutes 2018, section 201.061, subdivision 3, is amended to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may register
on election day by appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a registration application, making an oath in
the form prescribed by the secretary of state and providing proof of residence. An individual
may prove residence for purposes of registering by:

(1) presenting a driver's license or Minnesota identification card issued pursuant to
section 171.07new text begin that is not marked as provided in section 171.07, subdivision 1, paragraph
(g), or 3, paragraph (g)
new text end;

(2) presenting any document approved by the secretary of state as proper identification;

(3) presenting one of the following:

(i) a current valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner provided in rules of the secretary
of state; or

(ii) a current student fee statement that contains the student's valid address in the precinct
together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or an employee employed
by and working in a residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been
vouched for on election day may not sign a proof of residence oath vouching for any other
individual on that election day. A voter who is registered to vote in the precinct may sign
up to eight proof-of-residence oaths on any election day. This limitation does not apply to
an employee of a residential facility described in this clause. The secretary of state shall
provide a form for election judges to use in recording the number of individuals for whom
a voter signs proof-of-residence oaths on election day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence oaths. For
each proof-of-residence oath, the form must include a statement that the individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the
statement on oath. The form must include a space for the voter's printed name, signature,
telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.

(b) The operator of a residential facility shall prepare a list of the names of its employees
currently working in the residential facility and the address of the residential facility. The
operator shall certify the list and provide it to the appropriate county auditor no less than
20 days before each election for use in election day registration.

(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
licensed by the commissioner of human services to provide a residential program as defined
in section 245A.02, subdivision 14; a residential facility for persons with a developmental
disability licensed by the commissioner of human services under section 252.28; setting
authorized to provide housing support as defined in section 256I.03, subdivision 3; a shelter
for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly
or privately operated shelter or dwelling designed to provide temporary living
accommodations for the homeless.

(d) For tribal band members, an individual may prove residence for purposes of
registering by:

(1) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, signature, and picture of the individual and also presenting one of the documents
listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 2. new text beginCOUNTY NOTIFICATION; ELECTION JUDGE TRAINING.
new text end

new text begin (a) The secretary of state shall inform each county auditor that a driver's license or
Minnesota identification card must not be used or accepted for voter registration purposes
under Minnesota Statutes, section 201.061, if it is marked as provided in Minnesota Statutes,
section 171.07, subdivision 1, paragraph (g), or 3, paragraph (g).
new text end

new text begin (b) Each county auditor must inform all election officials and election judges hired for
an election that driver's licenses and Minnesota identification cards identified under paragraph
(a) must not be used or accepted for voter registration purposes under Minnesota Statutes,
section 201.061. County auditors and municipal clerks must include this information in all
election judge training courses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

APPENDIX

Repealed Minnesota Statutes: H1500-3

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.