HF 4

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 01/17/2023 12:12pm

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 2022, 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 3, 7a, 7b, 9, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 171; repealing Minnesota Statutes
2022, section 171.015, subdivision 7.

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

ARTICLE 1

DRIVER'S LICENSES AND IDENTIFICATION CARDS

Section 1.

Minnesota Statutes 2022, 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 who has 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 2022, 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 is not eligible for deleted text end new text begin elects not to specify new text end 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 subdivision 3b, paragraph (e);

(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.

(d) A valid Department of Corrections or Federal Bureau of Prisons identification card
containing the applicant's full name, date of birth, and photograph issued to the applicant
is an acceptable form of proof of identity in an application for an identification card,
instruction permit, or driver's license as a secondary document for purposes of Minnesota
Rules, part 7410.0400, and successor rules.

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

Sec. 3.

Minnesota Statutes 2022, 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; residence, lawful status. new text end

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

new text begin (1) must attest to a residence address in Minnesota; and
new text end

new text begin (2) is not required to demonstrate United States citizenship or lawful presence in the
United States.
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 2022, 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; general requirements. new text end

new text begin (a) A
document submitted under this subdivision or subdivision 10 or 11 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 or by a court; 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 10 or 11, 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) A form issued by a federal agency that is specified under subdivisions 10 and 11
includes any subsequent form or version.
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 10 and 11.
new text end

new text begin (e) The same document must not be submitted as both a primary document under
subdivision 10 and a secondary document under subdivision 11.
new text end

new text begin (f) For purposes of this subdivision and subdivisions 10 and 11:
new text end

new text begin (1) "court" includes a foreign court of competent jurisdiction; and
new text end

new text begin (2) "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. 5.

Minnesota Statutes 2022, 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; primary documents. new text end

new text begin (a) For
purposes of a noncompliant driver's license or identification card, a primary document under
Minnesota Rules, part 7410.0400, subpart 2, or successor rules, includes:
new text end

new text begin (1) an unexpired foreign passport or a foreign consular identification document that
bears a photograph of the applicant;
new text end

new text begin (2) a certified birth certificate issued by a foreign jurisdiction; and
new text end

new text begin (3) a certified adoption certificate issued by a foreign jurisdiction that includes the
applicant's name and date of birth.
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) Submission of more than one primary document is not required under this subdivision.
new text end

Sec. 6.

Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

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

new text begin (a)
For purposes of a noncompliant driver's license or identification card, a secondary document
under Minnesota Rules, part 7410.0400, subpart 3, or successor rules, includes:
new text end

new text begin (1) a second primary document listed under subdivision 10, 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) a Social Security card;
new text end

new text begin (9) a Supplemental Security Income award statement issued no more than 12 months
before the application;
new text end

new text begin (10) an unexpired Selective Service card;
new text end

new text begin (11) military orders that are still in effect at the time of application;
new text end

new text begin (12) a Minnesota unemployment insurance benefit statement issued no more than 90
days before the application;
new text end

new text begin (13) a valid identification card for health benefits or an assistance or social services
program;
new text end

new text begin (14) a Minnesota vehicle certificate of title issued no more than 12 months before the
application;
new text end

new text begin (15) mortgage documents for the applicant's residence;
new text end

new text begin (16) a filed property deed or title for the applicant's residence;
new text end

new text begin (17) a Minnesota property tax statement for the current or prior calendar year, or a
proposed Minnesota property tax notice for the current year, that shows the applicant's
principal residential address both on the mailing portion and the portion stating what property
is being taxed;
new text end

new text begin (18) a certified copy of a divorce decree or dissolution of marriage that specifies the
applicant's name or name change, issued by a court; and
new text end

new text begin (19) 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 card issued on or after January 1, 1991, that contains the applicant's
photograph;
new text end

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

new text begin (vi) a certified copy of a court order or judgment from a court of competent jurisdiction
that contains the applicant's name and date of birth.
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 2022, 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 indicator or design that relates to the lawful presence or the citizenship 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 2022, 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 indicator or design that relates to the lawful presence or the citizenship of
the identification card holder new text end .

(g) A new text begin REAL ID compliant new text end Minnesota 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 [171.1205] RESTRICTIONS ON USE.
new text end

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

Sec. 10. new text begin APPROPRIATION.
new text end

new text begin $1,453,000 in fiscal year 2024 and $1,413,000 in fiscal year 2025 are appropriated from
the vehicle services operating account in the special revenue fund to the commissioner of
public safety to implement the requirements of this act. The base for the vehicle services
activity is increased by $891,000 in each of fiscal years 2026 and 2027.
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. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 171.015, subdivision 7, new text end new text begin is repealed.
new text end

Sec. 12. new text begin EFFECTIVE DATE.
new text end

new text begin Unless provided otherwise, this act is effective October 1, 2023, for driver's license and
Minnesota identification card application and issuance on or after that date.
new text end

ARTICLE 2

DATA PROTECTIONS

Section 1.

Minnesota Statutes 2022, 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 2022, section 171.12, subdivision 3, is amended to read:

Subd. 3.

Application and record, when destroyed.

The department may cause
applications for drivers' licenses, provisional licenses, and instruction permits, and related
records, to be destroyed immediately after the period for which issued, except that:

(1) the driver's record pertaining to revocations, suspensions, cancellations,
disqualifications, convictions, and accidents is cumulative and must be kept for a period of
at least five years;

(2) the driver's record pertaining to violations of a driver or vehicle out-of-service order
must be kept for a period of at least ten years;

(3) medical certificates and medical waivers submitted in accordance with section 171.162
must be kept for a period of at least three years from the date of issuance; deleted text begin and
deleted text end

(4) the driver's record pertaining to felony convictions in the commission of which a
motor vehicle was used, to the alcohol-related offenses and licensing actions listed in section
169A.03, subdivisions 20 and 21, to violations of section 169.09, to violations of section
169A.31, and to violations of section 171.24, subdivision 5, must be retained permanently deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (5) notwithstanding section 138.17, a document related to demonstration of identity in
the application for a noncompliant driver's license or identification card must be destroyed
no later than 14 days following acceptance of the validity by the commissioner of the
document except in conformance with federal requirements governing retention of the
document.
new text end

Sec. 3.

Minnesota Statutes 2022, section 171.12, subdivision 7a, is amended to read:

Subd. 7a.

Disclosure of personal information.

new text begin (a) new text end The commissioner deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end 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
new text begin and may not disseminate any information protected under subdivision 11 except for the
purpose of administering elections or as permitted in section 201.13, subdivision 3, paragraph
(d) new text end .

Sec. 4.

Minnesota Statutes 2022, section 171.12, subdivision 7b, is amended to read:

Subd. 7b.

Data privacy; noncompliant license or identification card.

(a) With respect
to noncompliant licenses or identification cards, the commissioner is prohibited from:

(1) electronically disseminating outside the state data that is not disseminated as of May
19, 2017; or

(2) utilizing any electronic validation or verification system accessible from or maintained
outside the state that is not in use as of May 19, 2017.

(b) The limitations in paragraph (a) do not apply to the extent necessary to: (1) maintain
compliance with the driver's license compact under section 171.50 and applicable federal
law governing commercial driver's licenses; and (2) perform identity verification as part of
an application for a replacement Social Security card issued by the Social Security
Administration.

(c) For purposes of this subdivision, "outside the state" includes federal agencies, states
other than Minnesota, organizations operating under agreement among the states, and private
entities.

new text begin (d) Prior to disclosing to a person, other than the data subject, any data on individuals
relating to a noncompliant driver's license or identification card, the commissioner or a
driver's license agent must require the person requesting the data to certify that the person
must not use the data for civil immigration purposes or disclose the data to a government
agency or entity that primarily enforces immigration law or to any employee or agent of
any such government agency or entity. A person who violates the certification required in
this paragraph may be liable in a civil action brought under section 13.08 and may be subject
to criminal penalties under section 13.09. A certification form used by the commissioner
or a driver's license agent under this paragraph must include information about penalties
that apply for violations.
new text end

Sec. 5.

Minnesota Statutes 2022, 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. 6.

Minnesota Statutes 2022, 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) Other than within the division of the department that administers driver
licensing and to the secretary of state for purposes of improving the accuracy of voter
registration records under subdivision 7a, with respect to a noncompliant driver's license
or identification card, the commissioner must not share or disseminate any data on individuals
that indicate or otherwise have the effect of identifying (1) whether or not an individual has
demonstrated United States citizenship, or (2) whether or not an individual has demonstrated
lawful presence in the United States.
new text end

new text begin (b) Other than to the division of the department that administers driver licensing, with
respect to a noncompliant driver's license or identification card, a driver's license agent must
not share or disseminate any data on individuals that indicate or otherwise have the effect
of identifying (1) whether or not an individual has demonstrated United States citizenship,
or (2) whether or not an individual has demonstrated 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:
new text end

new text begin (1) any documents specified under section 171.06, subdivision 9, 10, or 11, or submission
of the documents;
new text end

new text begin (2) application, issuance, or denial of the license or identification card; and
new text end

new text begin (3) all of the following: name, address, telephone number, photograph or electronically
produced image, Social Security number, client identification number, place of birth, country
of origin, place of employment, school or educational institution attended, source of income,
status as a recipient of public benefits, customer identification number associated with a
public utilities account, medical information, and disability information.
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:
new text end

new text begin (1) entity otherwise authorized to obtain data under subdivision 7;
new text end

new text begin (2) federal agency or entity, including but not limited to United States Immigration and
Customs Enforcement in the United States Department of Homeland Security, United States
Customs and Border Protection in the United States Department of Homeland Security, and
any other agency that primarily enforces immigration law;
new text end

new text begin (3) state agency as defined in section 13.02, subdivision 17, except that a driver's license
agent may share or disseminate data to the division of the department that administers driver
licensing as authorized in paragraph (b), and except for the secretary of state as authorized
in paragraph (a); or
new text end

new text begin (4) political subdivision.
new text end

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

APPENDIX

Repealed Minnesota Statutes: H0004-2

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.