Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 1500

as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2019 04:34pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11
1.12 1.13
1.14 1.15 1.16 1.17 1.18
1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 3.1
3.2 3.3 3.4 3.5 3.6 3.7 3.8
3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20
3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9
4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 6.1 6.2 6.3 6.4
6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21
8.22 8.23 8.24 8.25
8.26
8.27 8.28
9.1 9.2 9.3
9.4 9.5
9.6 9.7 9.8 9.9 9.10
9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22
9.23 9.24 9.25 9.26 9.27
10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25
10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8
11.9 11.10 11.11 11.12 11.13 11.14
11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23
11.24 11.25 11.26 11.27 11.28 11.29 11.30
12.1 12.2
12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32
14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10
14.11

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,
discrimination, 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; 171.12, subdivisions 7a, 9, by adding
subdivisions; 201.061, subdivision 3; 363A.28, by adding a subdivision; 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 begin whosedeleted text end new 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 begin certifies 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; deleted text begin and
deleted text end

(5)new text begin contain a space where the applicant must attest to a residence address in Minnesota;
and
new text end

new text begin (6)new text end 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 an application
under this subdivision.
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 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) 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 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 (3) similar documentation of a lawful change of name as determined by the commissioner.
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
an application under subdivision 7, each of the following is included as a primary document
for purposes of Minnesota Rules, part 7410.0400, subpart 2, or successor rules:
new text end

new text begin (1) a driver's license or identification card issued under subdivision 7 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) one or more of the documents identified under subdivision 10 that, whether solely
or combined, contain the applicant's name and date of birth and a photograph of the applicant.
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

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 an application under subdivision 7, each of the following is included as a secondary
document for purposes of Minnesota Rules, part 7410.0400, subpart 3, or successor rules:
new text end

new text begin (1) a copy 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 (2) 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 (3) 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 (4) a Deferred Action for Childhood Arrival approval notice issued by United States
Department of Homeland Security;
new text end

new text begin (5) an individual taxpayer identification number;
new text end

new text begin (6) a home utility services bill issued no more than 90 days before the application;
new text end

new text begin (7) a home utility services hook-up work order issued no more than 90 days before the
application;
new text end

new text begin (8) a residential lease agreement for the applicant's residence issued no more than 12
months before the application;
new text end

new text begin (9) mortgage documents for the applicant's residence;
new text end

new text begin (10) a filed property deed or title for the applicant's residence;
new text end

new text begin (11) a United States high school identification card with a certified transcript from the
school;
new text end

new text begin (12) a Minnesota college or university identification card with a certified transcript from
the college or university;
new text end

new text begin (13) an employment pay stub with the applicant's name and address issued within the
last six months;
new text end

new text begin (14) a federal or state income tax return or statement for the most recent or second most
recent tax filing year;
new text end

new text begin (15) a Social Security card;
new text end

new text begin (16) a Supplemental Security Income award statement issued no more than 12 months
before the application;
new text end

new text begin (17) a Minnesota unemployment insurance benefit statement issued no more than 90
days before the application;
new text end

new text begin (18) a valid identification card for health benefits or an assistance or social services
program;
new text end

new text begin (19) a Minnesota vehicle certificate of title issued no more than 12 months before the
application;
new text end

new text begin (20) an unexpired Minnesota professional license;
new text end

new text begin (21) an unexpired Selective Service card;
new text end

new text begin (22) military orders that are still in effect at the time of application;
new text end

new text begin (23) a certified copy of the applicant's certificate of marriage;
new text end

new text begin (24) a certified copy of a court order that specifies the applicant's name change;
new text end

new text begin (25) a certified copy of a divorce decree or dissolution of marriage that specifies the
applicant's name change, issued by a court; and
new text end

new text begin (26) 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;
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 (v) a birth certificate.
new text end

new text begin (b) A document submitted as a primary document under subdivision 9, paragraph (a),
clause (3), may not be submitted as a secondary document 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.

(g)new text begin A noncompliant license issued under section 171.06, subdivision 7, must be marked
"not for voting" on the back side and must bear no other indication regarding lawful presence
of the license holder.
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 must
be marked "temporary" on the face and in the machine-readable portion.

deleted text begin (h)deleted text end new 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.

(g)new text begin A noncompliant identification card issued under section 171.06, subdivision 7, must
be marked "not for voting" on the back side and must bear no other indication regarding
lawful presence of the identification card holder.
new text end

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

deleted text begin (h)deleted text end new 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 end new 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. new text begin APPROPRIATION.
new text end

new text begin $....... 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. 10. new text begin REPEALER.
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. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Unless provided otherwise, this act is effective August 1, 2019, for driver's license and
Minnesota identification card applications and issuance on or after that date.
new text end

ARTICLE 2

RIGHTS AND 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 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 2018, 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 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 under section 171.06, subdivision 7.
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 under section 171.06, subdivision 7.
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) The commissioner and a driver's license agent must not share or disseminate any
data related to documents submitted under section 171.06, subdivision 7, 8, 9, or 10, with
any federal agency, federal department, or federal entity for a use that would otherwise be
permissible under United States Code, title 18, section 2721, or other law.
new text end

new text begin (e) 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 (d) 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, including but not limited to a local, state, or federal law enforcement agency,
the Bureau of Criminal Apprehension, the Minnesota State Patrol, the Division of Homeland
Security and Emergency Management, and any other law enforcement agency established
within the department.
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: (1) noncompliant driver's license or identification card
issuance under section 171.06, subdivision 7; or (2) a marking under section 171.07,
subdivision 1, paragraph (g), or 3, paragraph (g).
new text end

new text begin (b) The prohibition in paragraph (a) includes but is not limited to:
new text end

new text begin (1) criminal investigation;
new text end

new text begin (2) detention, search, or arrest;
new text end

new text begin (3) evaluation of citizenship or immigration status; and
new text end

new text begin (4) recording, maintenance, sharing, or disseminating data indicating or otherwise having
the effect of identifying that the individual was issued a noncompliant driver's license or
identification card under section 171.06, subdivision 7.
new text end

new text begin (c) 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

Sec. 6.

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


new text begin Subd. 13. new text end

new text begin Noncompliant license or identification card; nondiscrimination. new text end

new text begin It is a
violation of law to discriminate against a person because the person applied for, was denied,
was issued, or presents a noncompliant driver's license or identification card under section
171.06, subdivision 7.
new text end

Sec. 7.

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


new text begin Subd. 14. new text end

new text begin Civil penalty. new text end

new text begin (a) A person is subject to a civil penalty if the person:
new text end

new text begin (1) shares or disseminates any data in violation of subdivision 11 or 12;
new text end

new text begin (2) shares or disseminates any data described in subdivision 11 or 12 in violation of state
or federal law or policies of the department; or
new text end

new text begin (3) performs an act in violation of subdivision 13.
new text end

new text begin (b) Consistent with the provisions of chapter 14, the commissioner of human rights may
impose a civil penalty under this subdivision in an amount up to $10,000.
new text end

Sec. 8.

Minnesota Statutes 2018, section 363A.28, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin National origin discrimination; evidence. new text end

new text begin Discrimination prohibited by this
chapter that is based on application for a noncompliant driver's license or identification card
under section 171.06, subdivision 7, or based on use of a noncompliant driver's license or
identification card marked as provided in section 171.07, subdivision 1, paragraph (g), or
3, paragraph (g), is prima facie evidence of national origin discrimination.
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 begin COUNTY 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: 19-3709

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.