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; proposing coding for
1.9 new law in Minnesota Statutes, chapter 171; repealing Minnesota Statutes 2022,
1.10 section 171.015, subdivision 7.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 ARTICLE 1
1.13 DRIVER'S LICENSES AND IDENTIFICATION CARDS
1.14 Section 1. Minnesota Statutes 2022, section 171.04, subdivision 5, is amended to read:
1.15 Subd. 5.Temporary lawful admission.The commissioner is prohibited from issuing
1.16a driver's license or Minnesota identification card to an applicant whose who has a lawful
1.17temporary admission period, as demonstrated under section 171.06, subdivision 3, paragraph
1.18(b), clause (2), that expires within 30 days of the date of the application.
1.19 Sec. 2. Minnesota Statutes 2022, section 171.06, subdivision 3, is amended to read:
1.20 Subd. 3.Contents of application; other information.(a) An application must:
1.21 (1) state the full name, date of birth, sex, and either (i) the residence address of the
1.22applicant, or (ii) designated address under section 5B.05;
1Article 1 Sec. 2.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT
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
Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law01/11/2023 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 elects not to specify a Social
2.9Security number;
2.10 (4) contain a notification to the applicant of the availability of a living will/health care
2.11directive designation on the license under section 171.07, subdivision 7; and
2.12 (5) include a method for the applicant to:
2.13 (i) request a veteran designation on the license under section 171.07, subdivision 15,
2.14and the driving record under section 171.12, subdivision 5a;
2.15 (ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);
2.16 (iii) as applicable, designate document retention as provided under section 171.12,
2.17subdivision 3c; and
2.18 (iv) indicate emergency contacts as provided under section 171.12, subdivision 5b.
2.19 (b) Applications must be accompanied by satisfactory evidence demonstrating:
2.20 (1) identity, date of birth, and any legal name change if applicable; and
2.21 (2) for driver's licenses and Minnesota identification cards that meet all requirements of
2.22the REAL ID Act:
2.23 (i) principal residence address in Minnesota, including application for a change of address,
2.24unless the applicant provides a designated address under section 5B.05;
2.25 (ii) Social Security number, or related documentation as applicable; and
2.26 (iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
2.27 (c) An application for an enhanced driver's license or enhanced identification card must
2.28be accompanied by:
2.29 (1) satisfactory evidence demonstrating the applicant's full legal name and United States
2.30citizenship; and
2Article 1 Sec. 2.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 3.1 (2) a photographic identity document.
3.2 (d) A valid Department of Corrections or Federal Bureau of Prisons identification card
3.3containing the applicant's full name, date of birth, and photograph issued to the applicant
3.4is an acceptable form of proof of identity in an application for an identification card,
3.5instruction permit, or driver's license as a secondary document for purposes of Minnesota
3.6Rules, part 7410.0400, and successor rules.
3.7 (e) An application form must not provide for identification of (1) the accompanying
3.8documents used by an applicant to demonstrate identity, or (2) except as provided in
3.9paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence
3.10in the United States. The commissioner and a driver's license agent must not inquire about
3.11an applicant's citizenship, immigration status, or lawful presence in the United States, except
3.12as provided in paragraphs (b) and (c).
3.13 Sec. 3. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
3.14read:
3.15 Subd. 8.Noncompliant license or identification card; residence, lawful status.(a)
3.16A person who applies for a noncompliant driver's license or identification card:
3.17 (1) must attest to a residence address in Minnesota; and
3.18 (2) is not required to demonstrate United States citizenship or lawful presence in the
3.19United States.
3.20 (b) Minnesota Rules, part 7410.0410, or any successor rule, does not apply for a
3.21noncompliant driver's license or identification card.
3.22 Sec. 4. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
3.23read:
3.24 Subd. 9.Noncompliant license or identification card; general requirements.(a) A
3.25document submitted under this subdivision or subdivision 10 or 11 must include the
3.26applicant's name and must be:
3.27 (1) issued to or provided for the applicant;
3.28 (2) legible and unaltered;
3.29 (3) an original or a copy certified by the issuing agency or by a court; and
3.30 (4) accompanied by a certified translation or an affidavit of translation into English, if
3.31the document is not in English.
3Article 1 Sec. 4.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 4.1 (b) If the applicant's current legal name is different from the name on a document
4.2submitted under subdivision 10 or 11, the applicant must submit:
4.3 (1) a certified copy of a court order that specifies the applicant's name change;
4.4 (2) a certified copy of the applicant's certificate of marriage;
4.5 (3) a certified copy of a divorce decree or dissolution of marriage that specifies the
4.6applicant's name change, issued by a court; or
4.7 (4) similar documentation of a lawful change of name, as determined by the
4.8commissioner.
4.9 (c) A form issued by a federal agency that is specified under subdivisions 10 and 11
4.10includes any subsequent form or version.
4.11 (d) The commissioner must establish a process to grant a waiver from the requirements
4.12under this subdivision and subdivisions 10 and 11.
4.13 (e) The same document must not be submitted as both a primary document under
4.14subdivision 10 and a secondary document under subdivision 11.
4.15 (f) For purposes of this subdivision and subdivisions 10 and 11:
4.16 (1) "court" includes a foreign court of competent jurisdiction; and
4.17 (2) "foreign" means a jurisdiction that is not, and is not within, the United States, the
4.18Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam,
4.19the United States Virgin Islands, or a territory of the United States.
4.20 Sec. 5. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
4.21read:
4.22 Subd. 10.Noncompliant license or identification card; primary documents.(a) For
4.23purposes of a noncompliant driver's license or identification card, a primary document under
4.24Minnesota Rules, part 7410.0400, subpart 2, or successor rules, includes:
4.25 (1) an unexpired foreign passport or a foreign consular identification document that
4.26bears a photograph of the applicant;
4.27 (2) a certified birth certificate issued by a foreign jurisdiction; and
4.28 (3) a certified adoption certificate issued by a foreign jurisdiction that includes the
4.29applicant's name and date of birth.
4Article 1 Sec. 5.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 5.1 (b) A document submitted under this subdivision must contain security features that
5.2make the document as impervious to alteration as is reasonably practicable in its design and
5.3quality of material and technology.
5.4 (c) Submission of more than one primary document is not required under this subdivision.
5.5 Sec. 6. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
5.6read:
5.7 Subd. 11.Noncompliant license or identification card; secondary documents.(a)
5.8For purposes of a noncompliant driver's license or identification card, a secondary document
5.9under Minnesota Rules, part 7410.0400, subpart 3, or successor rules, includes:
5.10 (1) a second primary document listed under subdivision 10, paragraph (a);
5.11 (2) a notice of action on or proof of submission of a completed Application for Asylum
5.12and for Withholding of Removal issued by the United States Department of Homeland
5.13Security, Form I-589;
5.14 (3) a Certificate of Eligibility for Nonimmigrant Student Status issued by the United
5.15States Department of Homeland Security, Form I-20;
5.16 (4) a Certificate of Eligibility for Exchange Visitor Status issued by the United States
5.17Department of State, Form DS-2019;
5.18 (5) a Deferred Action for Childhood Arrival approval notice issued by the United States
5.19Department of Homeland Security;
5.20 (6) an employment authorization document issued by the United States Department of
5.21Homeland Security, Form I-688, Form I-688A, Form I-688B, or Form I-766;
5.22 (7) a document issued by the Social Security Administration with an individual taxpayer
5.23identification number;
5.24 (8) a Social Security card;
5.25 (9) a Supplemental Security Income award statement issued no more than 12 months
5.26before the application;
5.27 (10) an unexpired Selective Service card;
5.28 (11) military orders that are still in effect at the time of application;
5.29 (12) a Minnesota unemployment insurance benefit statement issued no more than 90
5.30days before the application;
5Article 1 Sec. 6.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 6.1 (13) a valid identification card for health benefits or an assistance or social services
6.2program;
6.3 (14) a Minnesota vehicle certificate of title issued no more than 12 months before the
6.4application;
6.5 (15) mortgage documents for the applicant's residence;
6.6 (16) a filed property deed or title for the applicant's residence;
6.7 (17) a Minnesota property tax statement for the current or prior calendar year, or a
6.8proposed Minnesota property tax notice for the current year, that shows the applicant's
6.9principal residential address both on the mailing portion and the portion stating what property
6.10is being taxed;
6.11 (18) a certified copy of a divorce decree or dissolution of marriage that specifies the
6.12applicant's name or name change, issued by a court; and
6.13 (19) any of the following documents issued by a foreign jurisdiction:
6.14 (i) a driver's license that is current or has been expired for five years or less;
6.15 (ii) a high school, college, or university student identification card with a certified
6.16transcript from the school;
6.17 (iii) an official high school, college, or university transcript that includes the applicant's
6.18date of birth and a photograph of the applicant at the age the record was issued;
6.19 (iv) a federal electoral card issued on or after January 1, 1991, that contains the applicant's
6.20photograph;
6.21 (v) a certified copy of the applicant's certificate of marriage; and
6.22 (vi) a certified copy of a court order or judgment from a court of competent jurisdiction
6.23that contains the applicant's name and date of birth.
6.24 (b) Submission of more than one secondary document is not required under this
6.25subdivision.
6.26 Sec. 7. Minnesota Statutes 2022, section 171.07, subdivision 1, is amended to read:
6.27 Subdivision 1.License; contents and design.(a) Upon the payment of the required fee,
6.28the department shall issue to every qualifying applicant a license designating the type or
6.29class of vehicles the applicant is authorized to drive as applied for. This license must bear:
6.30(1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date
6.31of birth; (3) either (i) the licensee's residence address, or (ii) the designated address under
6Article 1 Sec. 7.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 7.1section 5B.05; (4) a description of the licensee in a manner as the commissioner deems
7.2necessary; (5) the usual signature of the licensee; and (6) designations and markings as
7.3provided in this section. No license is valid unless it bears the usual signature of the licensee.
7.4Every license must bear a colored photograph or an electronically produced image of the
7.5licensee.
7.6 (b) If the United States Postal Service will not deliver mail to the applicant's residence
7.7address as listed on the license, then the applicant shall provide verification from the United
7.8States Postal Service that mail will not be delivered to the applicant's residence address and
7.9that mail will be delivered to a specified alternate mailing address. When an applicant
7.10provides an alternate mailing address under this subdivision, the commissioner shall use
7.11the alternate mailing address in lieu of the applicant's residence address for all notices and
7.12mailings to the applicant.
7.13 (c) Every license issued to an applicant under the age of 21 must be of a distinguishing
7.14color and plainly marked "Under-21."
7.15 (d) A license issued to an applicant age 65 or over must be plainly marked "senior" if
7.16requested by the applicant.
7.17 (e) Except for a noncompliant license, a license must bear a distinguishing indicator for
7.18compliance with requirements of the REAL ID Act.
7.19 (f) A noncompliant license must:
7.20 (1) be marked "not for federal identification" on the face and in the machine-readable
7.21portion; and
7.22 (2) have a unique design or color indicator for purposes of the REAL ID Act; and
7.23 (3) bear no indicator or design that relates to the lawful presence or the citizenship of
7.24the license holder.
7.25 (g) A REAL ID compliant license issued to a person with temporary lawful status or
7.26admission period must be marked "temporary" on the face and in the machine-readable
7.27portion.
7.28 (h) A license must display the licensee's full name or no fewer than 39 characters of the
7.29name. Any necessary truncation must begin with the last character of the middle name and
7.30proceed through the second letter of the middle name, followed by the last character of the
7.31first name and proceeding through the second letter of the first name.
7Article 1 Sec. 7.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 8.1 Sec. 8. Minnesota Statutes 2022, section 171.07, subdivision 3, is amended to read:
8.2 Subd. 3.Identification card; content and design; fee.(a) Upon payment of the required
8.3fee, the department shall issue to every qualifying applicant a Minnesota identification card.
8.4The department may not issue a Minnesota identification card to an individual who has a
8.5driver's license, other than a limited license. The department may not issue an enhanced
8.6identification card to an individual who is under 16 years of age, not a resident of this state,
8.7or not a citizen of the United States of America. The card must bear: (1) a distinguishing
8.8number assigned to the applicant; (2) a colored photograph or an electronically produced
8.9image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the
8.10licensee's residence address, or (ii) the designated address under section 5B.05; (5) a
8.11description of the applicant in the manner as the commissioner deems necessary; (6) the
8.12usual signature of the applicant; and (7) designations and markings provided under this
8.13section.
8.14 (b) If the United States Postal Service will not deliver mail to the applicant's residence
8.15address as listed on the Minnesota identification card, then the applicant shall provide
8.16verification from the United States Postal Service that mail will not be delivered to the
8.17applicant's residence address and that mail will be delivered to a specified alternate mailing
8.18address. When an applicant provides an alternate mailing address under this subdivision,
8.19the commissioner shall use the alternate mailing address in lieu of the applicant's residence
8.20address for all notices and mailings to the applicant.
8.21 (c) Each identification card issued to an applicant under the age of 21 must be of a
8.22distinguishing color and plainly marked "Under-21."
8.23 (d) Each Minnesota identification card must be plainly marked "Minnesota identification
8.24card - not a driver's license."
8.25 (e) Except for a noncompliant identification card, a Minnesota identification card must
8.26bear a distinguishing indicator for compliance with requirements of the REAL ID Act.
8.27 (f) A noncompliant identification card must:
8.28 (1) be marked "not for federal identification" on the face and in the machine-readable
8.29portion; and
8.30 (2) have a unique design or color indicator for purposes of the REAL ID Act; and
8.31 (3) bear no indicator or design that relates to the lawful presence or the citizenship of
8.32the identification card holder.
8Article 1 Sec. 8.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 9.1 (g) A REAL ID compliant Minnesota identification card issued to a person with temporary
9.2lawful status or admission period must be marked "temporary" on the face and in the
9.3machine-readable portion.
9.4 (h) A Minnesota identification card must display the cardholder's full name or no fewer
9.5than 39 characters of the name. Any necessary truncation must begin with the last character
9.6of the middle name and proceed through the second letter of the middle name, followed by
9.7the last character of the first name and proceeding through the second letter of the first name.
9.8 (i) The fee for a Minnesota identification card is 50 cents when issued to a person who
9.9is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically
9.10disabled person, as defined in section 169.345, subdivision 2; or, a person with mental
9.11illness, as described in section 245.462, subdivision 20, paragraph (c).
9.12 Sec. 9. [171.1205] RESTRICTIONS ON USE.
9.13 A state agency and a political subdivision must not use the possession of a noncompliant
9.14driver's license or identification card as (1) evidence of a person's citizenship or lawful
9.15presence in the United States, or (2) the primary basis for investigation, detention, or arrest.
9.16 Sec. 10. APPROPRIATION.
9.17 $1,453,000 in fiscal year 2024 and $1,413,000 in fiscal year 2025 are appropriated from
9.18the vehicle services operating account in the special revenue fund to the commissioner of
9.19public safety to implement the requirements of this act. The base for the vehicle services
9.20activity is increased by $891,000 in each of fiscal years 2026 and 2027.
9.21 EFFECTIVE DATE.This section is effective the day following final enactment.
9.22 Sec. 11. REPEALER.
9.23 Minnesota Statutes 2022, section 171.015, subdivision 7, is repealed.
9.24 Sec. 12. EFFECTIVE DATE.
9.25 Unless provided otherwise, this act is effective October 1, 2023, for driver's license and
9.26Minnesota identification card application and issuance on or after that date.
9Article 1 Sec. 12.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 10.1 ARTICLE 2
10.2 DATA PROTECTIONS
10.3 Section 1. Minnesota Statutes 2022, section 13.6905, is amended by adding a subdivision
10.4to read:
10.5 Subd. 36.Noncompliant license or identification card; lawful status.Data on certain
10.6noncompliant drivers' licenses or identification cards are governed by section 171.12,
10.7subdivision 11.
10.8 Sec. 2. Minnesota Statutes 2022, section 171.12, subdivision 7a, is amended to read:
10.9 Subd. 7a.Disclosure of personal information.(a) The commissioner shall must disclose
10.10personal information where the use is related to the operation of a motor vehicle or to public
10.11safety. The use of personal information is related to public safety if it concerns the physical
10.12safety or security of drivers, vehicles, pedestrians, or property. The commissioner may
10.13refuse to disclose data under this subdivision when the commissioner concludes that the
10.14requester is likely to use the data for illegal, improper, or noninvestigative purposes. Nothing
10.15in this paragraph authorizes disclosure of data restricted under subdivision 11.
10.16 (b) The commissioner shall must disclose personal information to the secretary of state
10.17for the purpose of increasing voter registration and improving the accuracy of voter
10.18registration records in the statewide voter registration system. The secretary of state may
10.19not retain data provided by the commissioner under this subdivision for more than 60 days.
10.20Sec. 3. Minnesota Statutes 2022, section 171.12, subdivision 9, is amended to read:
10.21 Subd. 9.Driving record disclosure to law enforcement.Except as restricted under
10.22subdivision 11, the commissioner shall also furnish driving records, without charge, to
10.23chiefs of police, county sheriffs, prosecuting attorneys, and other law enforcement agencies
10.24with the power to arrest.
10.25Sec. 4. Minnesota Statutes 2022, section 171.12, is amended by adding a subdivision to
10.26read:
10.27 Subd. 11.Certain data on noncompliant license or identification card; department
10.28and agents.(a) Other than within the division of the department that administers driver
10.29licensing, the commissioner must not share or disseminate any data on individuals indicating
10.30or otherwise having the effect of identifying whether or not an individual has demonstrated
10.31United States citizenship, or has demonstrated lawful presence in the United States, in
10Article 2 Sec. 4.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 11.1relation to a noncompliant driver's license or identification card, including but not limited
11.2to application, issuance, or denial of the license or identification card.
11.3 (b) Other than to the division of the department that administers driver licensing, a
11.4driver's license agent must not share or disseminate any data on individuals indicating or
11.5otherwise having the effect of identifying whether or not an individual has demonstrated
11.6United States citizenship, or has demonstrated lawful presence in the United States, in
11.7relation to a noncompliant driver's license or identification card, including but not limited
11.8to application, issuance, or denial of the license or identification card.
11.9 (c) Data under paragraphs (a) and (b) include but are not limited to information related
11.10to submission of any documents specified under section 171.06, subdivision 9, 10, or 11.
11.11 (d) Notwithstanding any law to the contrary, this subdivision prohibits the commissioner
11.12and a driver's license agent from sharing or disseminating the data described in paragraphs
11.13(a) to (c) with any:
11.14 (1) entity otherwise authorized to obtain data under subdivision 7;
11.15 (2) federal agency or entity;
11.16 (3) state agency as defined in section 13.02, subdivision 17; or
11.17 (4) political subdivision.
11Article 2 Sec. 4.
REVISOR KRB H0004-1HF4 FIRST ENGROSSMENT 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: H0004-1