1.1 A bill for an act
1.2 relating to transportation; modifying requirements for a noncompliant driver's
1.3 license or Minnesota identification card and making related changes, including on
1.4 eligibility, proof of lawful presence, primary and secondary documentation, and
1.5 data practices; making technical changes; appropriating money; amending
1.6 Minnesota Statutes 2022, sections 13.6905, by adding a subdivision; 171.04,
1.7 subdivision 5; 171.06, subdivision 3, by adding subdivisions; 171.07, subdivisions
1.8 1, 3; 171.12, subdivisions 7a, 9, by adding a subdivision; repealing Minnesota
1.9 Statutes 2022, section 171.015, subdivision 7.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 ARTICLE 1
1.12 DRIVER'S LICENSES AND IDENTIFICATION CARDS
1.13 Section 1. Minnesota Statutes 2022, section 171.04, subdivision 5, is amended to read:
1.14 Subd. 5.Temporary lawful admission.The commissioner is prohibited from issuing
1.15a driver's license or Minnesota identification card to an applicant whose who has a lawful
1.16temporary admission period, as demonstrated under section 171.06, subdivision 3, paragraph
1.17(b), clause (2), that expires within 30 days of the date of the application.
1.18 Sec. 2. Minnesota Statutes 2022, section 171.06, subdivision 3, is amended to read:
1.19 Subd. 3.Contents of application; other information.(a) An application must:
1.20 (1) state the full name, date of birth, sex, and either (i) the residence address of the
1.21applicant, or (ii) designated address under section 5B.05;
1Article 1 Sec. 2.
REVISOR KRB/HL 23-0147612/29/22
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 4
NINETY-THIRD SESSION
Authored by Gomez, Pérez-Vega, Kozlowski, Hortman, Hornstein and others01/04/2023
The bill was read for the first time and referred to the Committee on Transportation Finance and Policy 2.1 (2) as may be required by the commissioner, contain a description of the applicant and
2.2any other facts pertaining to the applicant, the applicant's driving privileges, and the
2.3applicant's ability to operate a motor vehicle with safety;
2.4 (3) state:
2.5 (i) the applicant's Social Security number; or
2.6 (ii) if the applicant does not have a Social Security number and is applying for a
2.7Minnesota identification card, instruction permit, or class D provisional or driver's license,
2.8that the applicant certifies that the applicant is not eligible for a Social Security number;
2.9 (4) contain a notification to the applicant of the availability of a living will/health care
2.10directive designation on the license under section 171.07, subdivision 7; and
2.11 (5) include a method for the applicant to:
2.12 (i) request a veteran designation on the license under section 171.07, subdivision 15,
2.13and the driving record under section 171.12, subdivision 5a;
2.14 (ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);
2.15 (iii) as applicable, designate document retention as provided under section 171.12,
2.16subdivision 3c; and
2.17 (iv) indicate emergency contacts as provided under section 171.12, subdivision 5b.
2.18 (b) Applications must be accompanied by satisfactory evidence demonstrating:
2.19 (1) identity, date of birth, and any legal name change if applicable; and
2.20 (2) for driver's licenses and Minnesota identification cards that meet all requirements of
2.21the REAL ID Act:
2.22 (i) principal residence address in Minnesota, including application for a change of address,
2.23unless the applicant provides a designated address under section 5B.05;
2.24 (ii) Social Security number, or related documentation as applicable; and
2.25 (iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
2.26 (c) An application for an enhanced driver's license or enhanced identification card must
2.27be accompanied by:
2.28 (1) satisfactory evidence demonstrating the applicant's full legal name and United States
2.29citizenship; and
2.30 (2) a photographic identity document.
2Article 1 Sec. 2.
REVISOR KRB/HL 23-0147612/29/22 3.1 (d) A valid Department of Corrections or Federal Bureau of Prisons identification card
3.2containing the applicant's full name, date of birth, and photograph issued to the applicant
3.3is an acceptable form of proof of identity in an application for an identification card,
3.4instruction permit, or driver's license as a secondary document for purposes of Minnesota
3.5Rules, part 7410.0400, and successor rules.
3.6 Sec. 3. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
3.7read:
3.8 Subd. 8.Noncompliant license or identification card; residence, lawful status.(a)
3.9A person who applies for a noncompliant driver's license or identification card:
3.10 (1) must attest to a residence address in Minnesota; and
3.11 (2) is not required to demonstrate United States citizenship or lawful presence in the
3.12United States.
3.13 (b) Minnesota Rules, part 7410.0410, or any successor rule, does not apply for a
3.14noncompliant driver's license or identification card.
3.15 Sec. 4. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
3.16read:
3.17 Subd. 9.Noncompliant license or identification card; general requirements.(a) A
3.18document submitted under this subdivision or subdivision 10 or 11 must include the
3.19applicant's name and must be:
3.20 (1) issued to or provided for the applicant;
3.21 (2) legible and unaltered;
3.22 (3) an original or a copy certified by the issuing agency or by a court; and
3.23 (4) accompanied by a certified translation or an affidavit of translation into English, if
3.24the document is not in English.
3.25 (b) If the applicant's current legal name is different from the name on a document
3.26submitted under subdivision 10 or 11, the applicant must submit:
3.27 (1) a certified copy of a court order that specifies the applicant's name change;
3.28 (2) a certified copy of the applicant's certificate of marriage;
3.29 (3) a certified copy of a divorce decree or dissolution of marriage that specifies the
3.30applicant's name change, issued by a court; or
3Article 1 Sec. 4.
REVISOR KRB/HL 23-0147612/29/22 4.1 (4) similar documentation of a lawful change of name, as determined by the
4.2commissioner.
4.3 (c) A form issued by a federal agency that is specified under subdivisions 10 and 11
4.4includes any subsequent form or version.
4.5 (d) The commissioner must establish a process to grant a waiver from the requirements
4.6under this subdivision and subdivisions 10 and 11.
4.7 (e) The same document must not be submitted as both a primary document under
4.8subdivision 10 and a secondary document under subdivision 11.
4.9 (f) For purposes of this subdivision and subdivisions 10 and 11:
4.10 (1) "court" includes a foreign court of competent jurisdiction; and
4.11 (2) "foreign" means a jurisdiction that is not, and is not within, the United States, the
4.12Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam,
4.13the United States Virgin Islands, or a territory of the United States.
4.14 Sec. 5. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
4.15read:
4.16 Subd. 10.Noncompliant license or identification card; primary documents.(a) For
4.17purposes of a noncompliant driver's license or identification card, a primary document under
4.18Minnesota Rules, part 7410.0400, subpart 2, or successor rules, includes:
4.19 (1) an unexpired foreign passport or a foreign consular identification document that
4.20bears a photograph of the applicant;
4.21 (2) a certified birth certificate issued by a foreign jurisdiction; and
4.22 (3) a certified adoption certificate issued by a foreign jurisdiction that includes the
4.23applicant's name and date of birth.
4.24 (b) A document submitted under this subdivision must contain security features that
4.25make the document as impervious to alteration as is reasonably practicable in its design and
4.26quality of material and technology.
4.27 (c) Submission of more than one primary document is not required under this subdivision.
4Article 1 Sec. 5.
REVISOR KRB/HL 23-0147612/29/22 5.1 Sec. 6. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
5.2read:
5.3 Subd. 11.Noncompliant license or identification card; secondary documents.(a)
5.4For purposes of a noncompliant driver's license or identification card, a secondary document
5.5under Minnesota Rules, part 7410.0400, subpart 3, or successor rules, includes:
5.6 (1) a second primary document listed under subdivision 10, paragraph (a);
5.7 (2) a notice of action on or proof of submission of a completed Application for Asylum
5.8and for Withholding of Removal issued by the United States Department of Homeland
5.9Security, Form I-589;
5.10 (3) a Certificate of Eligibility for Nonimmigrant Student Status issued by the United
5.11States Department of Homeland Security, Form I-20;
5.12 (4) a Certificate of Eligibility for Exchange Visitor Status issued by the United States
5.13Department of State, Form DS-2019;
5.14 (5) a Deferred Action for Childhood Arrival approval notice issued by the United States
5.15Department of Homeland Security;
5.16 (6) an employment authorization document issued by the United States Department of
5.17Homeland Security, Form I-688, Form I-688A, Form I-688B, or Form I-766;
5.18 (7) a document issued by the Social Security Administration with an individual taxpayer
5.19identification number;
5.20 (8) a Social Security card;
5.21 (9) a Supplemental Security Income award statement issued no more than 12 months
5.22before the application;
5.23 (10) an unexpired Selective Service card;
5.24 (11) military orders that are still in effect at the time of application;
5.25 (12) a Minnesota unemployment insurance benefit statement issued no more than 90
5.26days before the application;
5.27 (13) a valid identification card for health benefits or an assistance or social services
5.28program;
5.29 (14) a Minnesota vehicle certificate of title issued no more than 12 months before the
5.30application;
5.31 (15) mortgage documents for the applicant's residence;
5Article 1 Sec. 6.
REVISOR KRB/HL 23-0147612/29/22 6.1 (16) a filed property deed or title for the applicant's residence;
6.2 (17) a Minnesota property tax statement for the current or prior calendar year, or a
6.3proposed Minnesota property tax notice for the current year, that shows the applicant's
6.4principal residential address both on the mailing portion and the portion stating what property
6.5is being taxed;
6.6 (18) a certified copy of a divorce decree or dissolution of marriage that specifies the
6.7applicant's name or name change, issued by a court; and
6.8 (19) any of the following documents issued by a foreign jurisdiction:
6.9 (i) a driver's license that is current or has been expired for five years or less;
6.10 (ii) a high school, college, or university student identification card with a certified
6.11transcript from the school;
6.12 (iii) an official high school, college, or university transcript that includes the applicant's
6.13date of birth and a photograph of the applicant at the age the record was issued;
6.14 (iv) a federal electoral card issued on or after January 1, 1991, that contains the applicant's
6.15photograph;
6.16 (v) a certified copy of the applicant's certificate of marriage; and
6.17 (vi) a certified copy of a court order or judgment from a court of competent jurisdiction
6.18that contains the applicant's name and date of birth.
6.19 (b) Submission of more than one secondary document is not required under this
6.20subdivision.
6.21 Sec. 7. Minnesota Statutes 2022, section 171.07, subdivision 1, is amended to read:
6.22 Subdivision 1.License; contents and design.(a) Upon the payment of the required fee,
6.23the department shall issue to every qualifying applicant a license designating the type or
6.24class of vehicles the applicant is authorized to drive as applied for. This license must bear:
6.25(1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date
6.26of birth; (3) either (i) the licensee's residence address, or (ii) the designated address under
6.27section 5B.05; (4) a description of the licensee in a manner as the commissioner deems
6.28necessary; (5) the usual signature of the licensee; and (6) designations and markings as
6.29provided in this section. No license is valid unless it bears the usual signature of the licensee.
6.30Every license must bear a colored photograph or an electronically produced image of the
6.31licensee.
6Article 1 Sec. 7.
REVISOR KRB/HL 23-0147612/29/22 7.1 (b) If the United States Postal Service will not deliver mail to the applicant's residence
7.2address as listed on the license, then the applicant shall provide verification from the United
7.3States Postal Service that mail will not be delivered to the applicant's residence address and
7.4that mail will be delivered to a specified alternate mailing address. When an applicant
7.5provides an alternate mailing address under this subdivision, the commissioner shall use
7.6the alternate mailing address in lieu of the applicant's residence address for all notices and
7.7mailings to the applicant.
7.8 (c) Every license issued to an applicant under the age of 21 must be of a distinguishing
7.9color and plainly marked "Under-21."
7.10 (d) A license issued to an applicant age 65 or over must be plainly marked "senior" if
7.11requested by the applicant.
7.12 (e) Except for a noncompliant license, a license must bear a distinguishing indicator for
7.13compliance with requirements of the REAL ID Act.
7.14 (f) A noncompliant license must:
7.15 (1) be marked "not for federal identification" on the face and in the machine-readable
7.16portion; and
7.17 (2) have a unique design or color indicator for purposes of the REAL ID Act; and
7.18 (3) bear no indication regarding lawful presence of the license holder.
7.19 (g) A REAL ID compliant license issued to a person with temporary lawful status or
7.20admission period must be marked "temporary" on the face and in the machine-readable
7.21portion.
7.22 (h) A license must display the licensee's full name or no fewer than 39 characters of the
7.23name. Any necessary truncation must begin with the last character of the middle name and
7.24proceed through the second letter of the middle name, followed by the last character of the
7.25first name and proceeding through the second letter of the first name.
7.26 Sec. 8. Minnesota Statutes 2022, section 171.07, subdivision 3, is amended to read:
7.27 Subd. 3.Identification card; content and design; fee.(a) Upon payment of the required
7.28fee, the department shall issue to every qualifying applicant a Minnesota identification card.
7.29The department may not issue a Minnesota identification card to an individual who has a
7.30driver's license, other than a limited license. The department may not issue an enhanced
7.31identification card to an individual who is under 16 years of age, not a resident of this state,
7.32or not a citizen of the United States of America. The card must bear: (1) a distinguishing
7Article 1 Sec. 8.
REVISOR KRB/HL 23-0147612/29/22 8.1number assigned to the applicant; (2) a colored photograph or an electronically produced
8.2image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the
8.3licensee's residence address, or (ii) the designated address under section 5B.05; (5) a
8.4description of the applicant in the manner as the commissioner deems necessary; (6) the
8.5usual signature of the applicant; and (7) designations and markings provided under this
8.6section.
8.7 (b) If the United States Postal Service will not deliver mail to the applicant's residence
8.8address as listed on the Minnesota identification card, then the applicant shall provide
8.9verification from the United States Postal Service that mail will not be delivered to the
8.10applicant's residence address and that mail will be delivered to a specified alternate mailing
8.11address. When an applicant provides an alternate mailing address under this subdivision,
8.12the commissioner shall use the alternate mailing address in lieu of the applicant's residence
8.13address for all notices and mailings to the applicant.
8.14 (c) Each identification card issued to an applicant under the age of 21 must be of a
8.15distinguishing color and plainly marked "Under-21."
8.16 (d) Each Minnesota identification card must be plainly marked "Minnesota identification
8.17card - not a driver's license."
8.18 (e) Except for a noncompliant identification card, a Minnesota identification card must
8.19bear a distinguishing indicator for compliance with requirements of the REAL ID Act.
8.20 (f) A noncompliant identification card must:
8.21 (1) be marked "not for federal identification" on the face and in the machine-readable
8.22portion; and
8.23 (2) have a unique design or color indicator for purposes of the REAL ID Act; and
8.24 (3) bear no indication regarding lawful presence of the identification card holder.
8.25 (g) A REAL ID compliant Minnesota identification card issued to a person with temporary
8.26lawful status or admission period must be marked "temporary" on the face and in the
8.27machine-readable portion.
8.28 (h) A Minnesota identification card must display the cardholder's full name or no fewer
8.29than 39 characters of the name. Any necessary truncation must begin with the last character
8.30of the middle name and proceed through the second letter of the middle name, followed by
8.31the last character of the first name and proceeding through the second letter of the first name.
8Article 1 Sec. 8.
REVISOR KRB/HL 23-0147612/29/22 9.1 (i) The fee for a Minnesota identification card is 50 cents when issued to a person who
9.2is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically
9.3disabled person, as defined in section 169.345, subdivision 2; or, a person with mental
9.4illness, as described in section 245.462, subdivision 20, paragraph (c).
9.5 Sec. 9. APPROPRIATION.
9.6 $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
9.7public safety to implement the requirements of this act. This is a onetime appropriation and
9.8is available until June 30, 2024.
9.9 EFFECTIVE DATE.This section is effective the day following final enactment.
9.10 Sec. 10. REPEALER.
9.11 Minnesota Statutes 2022, section 171.015, subdivision 7, is repealed.
9.12 Sec. 11. EFFECTIVE DATE.
9.13 Unless provided otherwise, this act is effective October 1, 2023, for driver's license and
9.14Minnesota identification card application and issuance on or after that date.
9.15 ARTICLE 2
9.16 DATA PROTECTIONS
9.17 Section 1. Minnesota Statutes 2022, section 13.6905, is amended by adding a subdivision
9.18to read:
9.19 Subd. 36.Noncompliant license or identification card; lawful status.Data on certain
9.20noncompliant drivers' licenses or identification cards are governed by section 171.12,
9.21subdivision 11.
9.22 Sec. 2. Minnesota Statutes 2022, section 171.12, subdivision 7a, is amended to read:
9.23 Subd. 7a.Disclosure of personal information.(a) The commissioner shall must disclose
9.24personal information where the use is related to the operation of a motor vehicle or to public
9.25safety. The use of personal information is related to public safety if it concerns the physical
9.26safety or security of drivers, vehicles, pedestrians, or property. The commissioner may
9.27refuse to disclose data under this subdivision when the commissioner concludes that the
9.28requester is likely to use the data for illegal, improper, or noninvestigative purposes. Nothing
9.29in this paragraph authorizes disclosure of data restricted under subdivision 11.
9Article 2 Sec. 2.
REVISOR KRB/HL 23-0147612/29/22 10.1 (b) The commissioner shall must disclose personal information to the secretary of state
10.2for the purpose of increasing voter registration and improving the accuracy of voter
10.3registration records in the statewide voter registration system. The secretary of state may
10.4not retain data provided by the commissioner under this subdivision for more than 60 days.
10.5 Sec. 3. Minnesota Statutes 2022, section 171.12, subdivision 9, is amended to read:
10.6 Subd. 9.Driving record disclosure to law enforcement.Except as restricted under
10.7subdivision 11, the commissioner shall also furnish driving records, without charge, to
10.8chiefs of police, county sheriffs, prosecuting attorneys, and other law enforcement agencies
10.9with the power to arrest.
10.10Sec. 4. Minnesota Statutes 2022, section 171.12, is amended by adding a subdivision to
10.11read:
10.12 Subd. 11.Certain data on noncompliant license or identification card; department
10.13and agents.(a) Other than within the division of the department that administers driver
10.14licensing, the commissioner must not share or disseminate any data on individuals indicating
10.15or otherwise having the effect of identifying whether or not an individual has demonstrated
10.16United States citizenship, or has demonstrated lawful presence in the United States, in
10.17relation to a noncompliant driver's license or identification card, including but not limited
10.18to application, issuance, or denial of the license or identification card.
10.19 (b) Other than to the division of the department that administers driver licensing, a
10.20driver's license agent must not share or disseminate any data on individuals indicating or
10.21otherwise having the effect of identifying whether or not an individual has demonstrated
10.22United States citizenship, or has demonstrated lawful presence in the United States, in
10.23relation to a noncompliant driver's license or identification card, including but not limited
10.24to application, issuance, or denial of the license or identification card.
10.25 (c) Data under paragraphs (a) and (b) include but are not limited to information related
10.26to submission of any documents specified under section 171.06, subdivision 9, 10, or 11.
10.27 (d) Notwithstanding any law to the contrary, this subdivision prohibits the commissioner
10.28and a driver's license agent from sharing or disseminating the data described in paragraphs
10.29(a) to (c) with any:
10.30 (1) entity otherwise authorized to obtain data under subdivision 7;
10.31 (2) federal agency or entity;
10.32 (3) state agency as defined in section 13.02, subdivision 17; or
10Article 2 Sec. 4.
REVISOR KRB/HL 23-0147612/29/22 11.1 (4) political subdivision.
11Article 2 Sec. 4.
REVISOR KRB/HL 23-0147612/29/22 171.015 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.
1R
APPENDIX
Repealed Minnesota Statutes: 23-01476