SF 4320

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/27/2022 10:23am

A bill for an act
relating to motor vehicles; requiring the commissioner of public safety to establish
the Undocumented Immigrant Drivers' Licenses Task Force; repealing the
requirement of lawful presence to obtain a driver's license; requiring a report;
repealing Minnesota Statutes 2020, section 171.015, subdivision 7; Minnesota
Rules, part 7410.0410, subparts 1, 7.

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

Section 1. new text begin UNDOCUMENTED IMMIGRANT DRIVERS' LICENSES TASK FORCE.
new text end

new text begin (a) The commissioner of public safety must convene a task force to study the issue of
issuing drivers' licenses to undocumented immigrants. The commissioner must appoint
members to the task force to represent various points of view and expertise. The task force
must:
new text end

new text begin (1) study the feasibility of establishing a new type of driver's license that would allow
undocumented immigrants to drive legally in the state without granting any other rights or
privileges;
new text end

new text begin (2) study the feasibility of requiring domestic and foreign documentation to prove an
applicant's identity and residence in the state, including what types of documents may be
required and how the documents should be verified;
new text end

new text begin (3) assess the feasibility, including the cost, of developing a process for the department
to accept required documents that have been verified by a foreign embassy or other foreign
national representative within the United States;
new text end

new text begin (4) review laws and policies adopted by other states relating to drivers' licenses for
undocumented immigrants;
new text end

new text begin (5) assess the extent to which immigrants, regardless of immigration status, are unable
to obtain drivers' licenses because of the inability to provide the documentation required to
apply for a driver's license;
new text end

new text begin (6) quantify the extent to which undocumented immigrants actually drive in the state
and quantify the impact to the state's economy attributable to these individuals;
new text end

new text begin (7) examine issues of safety on the roads of the state related to individuals driving without
valid drivers' licenses; and
new text end

new text begin (8) make recommendations to the legislature regarding whether the state should issue
drivers' licenses to undocumented immigrants and, if so, the requirements and processes
for doing so.
new text end

new text begin (b) The commissioner must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance by January
15, 2023. The report must include a summary of the activities of the task force and any
recommendations to the legislature.
new text end

Sec. 2. new text begin REPEALER.
new text end

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

new text begin (b) new text end new text begin Minnesota Rules, part 7410.0410, subparts 1 and 7, new text end new text begin are repealed.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

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

APPENDIX

Repealed Minnesota Statutes: 22-07359

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.

Repealed Minnesota Rule: 22-07359

7410.0410 PROOF OF RESIDENCY.

Subpart 1.

Proof of residency required at time of application.

Proof of residency is required at the time of application for an initial driving permit, driver's license, or state identification card. The applicant must attest to a residence address in Minnesota and demonstrate proof of either lawful short-term admission to the United States, permanent United States resident status, indefinite authorized presence status, or United States citizenship.

Subp. 7.

No lawful admission status.

The department shall not issue a driver's license, permit, or identification card if an individual has no lawful admission status to the United States.