40 | | - | Adoption of Report: Amended and re-referred to the Committee on Ways and Means01/23/2023 |
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41 | | - | Adoption of Report: Placed on the General Register01/25/2023 |
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42 | | - | Read for the Second Time |
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43 | | - | Calendar for the Day01/30/2023 |
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44 | | - | Read for the Third Time |
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45 | | - | Passed by the House and transmitted to the Senate |
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46 | | - | Passed by the Senate as Amended and returned to the House02/27/2023 |
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47 | | - | The House concurred in the Senate Amendments03/02/2023 |
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48 | | - | Read Third Time as Amended by the Senate |
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49 | | - | Bill was repassed as Amended by the Senate 2.1proper fee. All applicants must sign the application and declare, under penalty of perjury, |
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50 | | - | 2.2that the information and documentation presented in the application is true and correct. All |
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51 | | - | 2.3applications requiring evidence of legal presence in the United States or United States |
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52 | | - | 2.4citizenship must be signed in the presence of the person authorized to accept the application, |
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53 | | - | 2.5or the signature on the application may be verified by a notary public. |
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54 | | - | 2.6 Sec. 3. Minnesota Statutes 2022, section 171.06, subdivision 3, is amended to read: |
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55 | | - | 2.7 Subd. 3.Contents of application; other information.(a) An application must: |
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56 | | - | 2.8 (1) state the full name, date of birth, sex, and either (i) the residence address of the |
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57 | | - | 2.9applicant, or (ii) designated address under section 5B.05; |
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58 | | - | 2.10 (2) as may be required by the commissioner, contain a description of the applicant and |
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59 | | - | 2.11any other facts pertaining to the applicant, the applicant's driving privileges, and the |
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60 | | - | 2.12applicant's ability to operate a motor vehicle with safety; |
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61 | | - | 2.13 (3) state: |
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62 | | - | 2.14 (i) the applicant's Social Security number; or |
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63 | | - | 2.15 (ii) if the applicant does not have a Social Security number and is applying for a |
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64 | | - | 2.16Minnesota identification card, instruction permit, or class D provisional or driver's license, |
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65 | | - | 2.17that the applicant certifies that the applicant is not eligible for elects not to specify a Social |
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66 | | - | 2.18Security number; |
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67 | | - | 2.19 (4) contain a notification to the applicant of the availability of a living will/health care |
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68 | | - | 2.20directive designation on the license under section 171.07, subdivision 7; and |
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69 | | - | 2.21 (5) include a method for the applicant to: |
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70 | | - | 2.22 (i) request a veteran designation on the license under section 171.07, subdivision 15, |
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71 | | - | 2.23and the driving record under section 171.12, subdivision 5a; |
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72 | | - | 2.24 (ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e); |
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73 | | - | 2.25 (iii) as applicable, designate document retention as provided under section 171.12, |
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74 | | - | 2.26subdivision 3c; and |
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75 | | - | 2.27 (iv) indicate emergency contacts as provided under section 171.12, subdivision 5b. |
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76 | | - | 2.28 (b) Applications must be accompanied by satisfactory evidence demonstrating: |
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77 | | - | 2.29 (1) identity, date of birth, and any legal name change if applicable; and |
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78 | | - | 2Article 1 Sec. 3. |
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79 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 3.1 (2) for driver's licenses and Minnesota identification cards that meet all requirements of |
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80 | | - | 3.2the REAL ID Act: |
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81 | | - | 3.3 (i) principal residence address in Minnesota, including application for a change of address, |
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82 | | - | 3.4unless the applicant provides a designated address under section 5B.05; |
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83 | | - | 3.5 (ii) Social Security number, or related documentation as applicable; and |
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84 | | - | 3.6 (iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3. |
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85 | | - | 3.7 (c) An application for an enhanced driver's license or enhanced identification card must |
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86 | | - | 3.8be accompanied by: |
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87 | | - | 3.9 (1) satisfactory evidence demonstrating the applicant's full legal name and United States |
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88 | | - | 3.10citizenship; and |
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89 | | - | 3.11 (2) a photographic identity document. |
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90 | | - | 3.12 (d) A valid Department of Corrections or Federal Bureau of Prisons identification card |
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91 | | - | 3.13containing the applicant's full name, date of birth, and photograph issued to the applicant |
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92 | | - | 3.14is an acceptable form of proof of identity in an application for an identification card, |
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93 | | - | 3.15instruction permit, or driver's license as a secondary document for purposes of Minnesota |
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94 | | - | 3.16Rules, part 7410.0400, and successor rules. |
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95 | | - | 3.17 (e) An application form must not provide for identification of (1) the accompanying |
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96 | | - | 3.18documents used by an applicant to demonstrate identity, or (2) except as provided in |
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97 | | - | 3.19paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence |
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98 | | - | 3.20in the United States. The commissioner and a driver's license agent must not inquire about |
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99 | | - | 3.21an applicant's citizenship, immigration status, or lawful presence in the United States, except |
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100 | | - | 3.22as provided in paragraphs (b) and (c). |
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101 | | - | 3.23 Sec. 4. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to |
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102 | | - | 3.24read: |
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103 | | - | 3.25 Subd. 8.Noncompliant license or identification card; residence, lawful status.(a) |
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104 | | - | 3.26A person who applies for a noncompliant driver's license or identification card: |
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105 | | - | 3.27 (1) must declare the applicant's residence address in Minnesota; and |
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106 | | - | 3.28 (2) is not required to demonstrate United States citizenship or lawful presence in the |
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107 | | - | 3.29United States. |
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108 | | - | 3.30 (b) Minnesota Rules, part 7410.0410, or any successor rule, does not apply for a |
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109 | | - | 3.31noncompliant driver's license or identification card. |
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| 36 | + | Adoption of Report: Amended and re-referred to the Committee on Ways and Means01/23/2023 2.1 (2) as may be required by the commissioner, contain a description of the applicant and |
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| 37 | + | 2.2any other facts pertaining to the applicant, the applicant's driving privileges, and the |
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| 38 | + | 2.3applicant's ability to operate a motor vehicle with safety; |
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| 39 | + | 2.4 (3) state: |
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| 40 | + | 2.5 (i) the applicant's Social Security number; or |
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| 41 | + | 2.6 (ii) if the applicant does not have a Social Security number and is applying for a |
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| 42 | + | 2.7Minnesota identification card, instruction permit, or class D provisional or driver's license, |
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| 43 | + | 2.8that the applicant certifies that the applicant is not eligible for elects not to specify a Social |
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| 44 | + | 2.9Security number; |
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| 45 | + | 2.10 (4) contain a notification to the applicant of the availability of a living will/health care |
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| 46 | + | 2.11directive designation on the license under section 171.07, subdivision 7; and |
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| 47 | + | 2.12 (5) include a method for the applicant to: |
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| 48 | + | 2.13 (i) request a veteran designation on the license under section 171.07, subdivision 15, |
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| 49 | + | 2.14and the driving record under section 171.12, subdivision 5a; |
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| 50 | + | 2.15 (ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e); |
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| 51 | + | 2.16 (iii) as applicable, designate document retention as provided under section 171.12, |
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| 52 | + | 2.17subdivision 3c; and |
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| 53 | + | 2.18 (iv) indicate emergency contacts as provided under section 171.12, subdivision 5b. |
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| 54 | + | 2.19 (b) Applications must be accompanied by satisfactory evidence demonstrating: |
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| 55 | + | 2.20 (1) identity, date of birth, and any legal name change if applicable; and |
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| 56 | + | 2.21 (2) for driver's licenses and Minnesota identification cards that meet all requirements of |
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| 57 | + | 2.22the REAL ID Act: |
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| 58 | + | 2.23 (i) principal residence address in Minnesota, including application for a change of address, |
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| 59 | + | 2.24unless the applicant provides a designated address under section 5B.05; |
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| 60 | + | 2.25 (ii) Social Security number, or related documentation as applicable; and |
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| 61 | + | 2.26 (iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3. |
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| 62 | + | 2.27 (c) An application for an enhanced driver's license or enhanced identification card must |
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| 63 | + | 2.28be accompanied by: |
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| 64 | + | 2.29 (1) satisfactory evidence demonstrating the applicant's full legal name and United States |
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| 65 | + | 2.30citizenship; and |
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| 66 | + | 2Article 1 Sec. 2. |
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| 67 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 3.1 (2) a photographic identity document. |
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| 68 | + | 3.2 (d) A valid Department of Corrections or Federal Bureau of Prisons identification card |
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| 69 | + | 3.3containing the applicant's full name, date of birth, and photograph issued to the applicant |
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| 70 | + | 3.4is an acceptable form of proof of identity in an application for an identification card, |
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| 71 | + | 3.5instruction permit, or driver's license as a secondary document for purposes of Minnesota |
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| 72 | + | 3.6Rules, part 7410.0400, and successor rules. |
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| 73 | + | 3.7 (e) An application form must not provide for identification of (1) the accompanying |
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| 74 | + | 3.8documents used by an applicant to demonstrate identity, or (2) except as provided in |
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| 75 | + | 3.9paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence |
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| 76 | + | 3.10in the United States. The commissioner and a driver's license agent must not inquire about |
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| 77 | + | 3.11an applicant's citizenship, immigration status, or lawful presence in the United States, except |
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| 78 | + | 3.12as provided in paragraphs (b) and (c). |
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| 79 | + | 3.13 Sec. 3. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to |
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| 80 | + | 3.14read: |
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| 81 | + | 3.15 Subd. 8.Noncompliant license or identification card; residence, lawful status.(a) |
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| 82 | + | 3.16A person who applies for a noncompliant driver's license or identification card: |
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| 83 | + | 3.17 (1) must attest to a residence address in Minnesota; and |
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| 84 | + | 3.18 (2) is not required to demonstrate United States citizenship or lawful presence in the |
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| 85 | + | 3.19United States. |
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| 86 | + | 3.20 (b) Minnesota Rules, part 7410.0410, or any successor rule, does not apply for a |
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| 87 | + | 3.21noncompliant driver's license or identification card. |
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| 88 | + | 3.22 Sec. 4. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to |
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| 89 | + | 3.23read: |
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| 90 | + | 3.24 Subd. 9.Noncompliant license or identification card; general requirements.(a) A |
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| 91 | + | 3.25document submitted under this subdivision or subdivision 10 or 11 must include the |
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| 92 | + | 3.26applicant's name and must be: |
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| 93 | + | 3.27 (1) issued to or provided for the applicant; |
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| 94 | + | 3.28 (2) legible and unaltered; |
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| 95 | + | 3.29 (3) an original or a copy certified by the issuing agency or by a court; and |
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| 96 | + | 3.30 (4) accompanied by a certified translation or an affidavit of translation into English, if |
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| 97 | + | 3.31the document is not in English. |
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111 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 4.1 (c) Nothing in this section allows the commissioner to issue a commercial driver's license |
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112 | | - | 4.2to an applicant who does not demonstrate proof of citizenship or immigration status if |
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113 | | - | 4.3required by federal law. |
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114 | | - | 4.4 Sec. 5. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to |
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115 | | - | 4.5read: |
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116 | | - | 4.6 Subd. 9.Noncompliant license or identification card; general requirements.(a) A |
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117 | | - | 4.7document submitted under this subdivision or subdivision 10 or 11 must include the |
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118 | | - | 4.8applicant's name and must be: |
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119 | | - | 4.9 (1) issued to or provided for the applicant; |
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120 | | - | 4.10 (2) legible and unaltered; |
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121 | | - | 4.11 (3) an original or a copy certified by the issuing agency or by a court; and |
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122 | | - | 4.12 (4) accompanied by a certified translation or an affidavit of translation into English, if |
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123 | | - | 4.13the document is not in English. |
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124 | | - | 4.14 (b) If the applicant's current legal name is different from the name on a document |
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125 | | - | 4.15submitted under subdivision 10 or 11, the applicant must submit: |
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126 | | - | 4.16 (1) a certified copy of a court order that specifies the applicant's name change; |
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127 | | - | 4.17 (2) a certified copy of the applicant's certificate of marriage; |
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128 | | - | 4.18 (3) a certified copy of a divorce decree or dissolution of marriage that specifies the |
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129 | | - | 4.19applicant's name change, issued by a court; or |
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130 | | - | 4.20 (4) similar documentation of a lawful change of name, as determined by the |
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131 | | - | 4.21commissioner. |
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132 | | - | 4.22 (c) A form issued by a federal agency that is specified under subdivisions 10 and 11 |
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133 | | - | 4.23includes any subsequent form or version. |
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134 | | - | 4.24 (d) The commissioner must establish a process to grant a waiver from the requirements |
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135 | | - | 4.25under this subdivision and subdivisions 10 and 11. |
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136 | | - | 4.26 (e) The same document must not be submitted as both a primary document under |
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137 | | - | 4.27subdivision 10 and a secondary document under subdivision 11. |
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138 | | - | 4.28 (f) For purposes of this subdivision and subdivisions 10 and 11: |
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139 | | - | 4.29 (1) "court" includes a foreign court of competent jurisdiction; and |
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| 99 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 4.1 (b) If the applicant's current legal name is different from the name on a document |
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| 100 | + | 4.2submitted under subdivision 10 or 11, the applicant must submit: |
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| 101 | + | 4.3 (1) a certified copy of a court order that specifies the applicant's name change; |
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| 102 | + | 4.4 (2) a certified copy of the applicant's certificate of marriage; |
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| 103 | + | 4.5 (3) a certified copy of a divorce decree or dissolution of marriage that specifies the |
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| 104 | + | 4.6applicant's name change, issued by a court; or |
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| 105 | + | 4.7 (4) similar documentation of a lawful change of name, as determined by the |
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| 106 | + | 4.8commissioner. |
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| 107 | + | 4.9 (c) A form issued by a federal agency that is specified under subdivisions 10 and 11 |
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| 108 | + | 4.10includes any subsequent form or version. |
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| 109 | + | 4.11 (d) The commissioner must establish a process to grant a waiver from the requirements |
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| 110 | + | 4.12under this subdivision and subdivisions 10 and 11. |
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| 111 | + | 4.13 (e) The same document must not be submitted as both a primary document under |
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| 112 | + | 4.14subdivision 10 and a secondary document under subdivision 11. |
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| 113 | + | 4.15 (f) For purposes of this subdivision and subdivisions 10 and 11: |
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| 114 | + | 4.16 (1) "court" includes a foreign court of competent jurisdiction; and |
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| 115 | + | 4.17 (2) "foreign" means a jurisdiction that is not, and is not within, the United States, the |
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| 116 | + | 4.18Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, |
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| 117 | + | 4.19the United States Virgin Islands, or a territory of the United States. |
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| 118 | + | 4.20 Sec. 5. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to |
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| 119 | + | 4.21read: |
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| 120 | + | 4.22 Subd. 10.Noncompliant license or identification card; primary documents.(a) For |
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| 121 | + | 4.23purposes of a noncompliant driver's license or identification card, a primary document under |
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| 122 | + | 4.24Minnesota Rules, part 7410.0400, subpart 2, or successor rules, includes: |
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| 123 | + | 4.25 (1) an unexpired foreign passport or a foreign consular identification document that |
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| 124 | + | 4.26bears a photograph of the applicant; |
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| 125 | + | 4.27 (2) a certified birth certificate issued by a foreign jurisdiction; and |
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| 126 | + | 4.28 (3) a certified adoption certificate issued by a foreign jurisdiction that includes the |
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| 127 | + | 4.29applicant's name and date of birth. |
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141 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 5.1 (2) "foreign" means a jurisdiction that is not, and is not within, the United States, the |
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142 | | - | 5.2Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, |
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143 | | - | 5.3the United States Virgin Islands, or a territory of the United States. |
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144 | | - | 5.4 Sec. 6. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to |
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145 | | - | 5.5read: |
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146 | | - | 5.6 Subd. 10.Noncompliant license or identification card; primary documents.(a) For |
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147 | | - | 5.7purposes of a noncompliant driver's license or identification card, a primary document under |
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148 | | - | 5.8Minnesota Rules, part 7410.0400, subpart 2, or successor rules, includes: |
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149 | | - | 5.9 (1) an unexpired foreign passport or a foreign consular identification document that |
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150 | | - | 5.10bears a photograph of the applicant; |
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151 | | - | 5.11 (2) a certified birth certificate issued by a foreign jurisdiction; and |
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152 | | - | 5.12 (3) a certified adoption certificate issued by a foreign jurisdiction that includes the |
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153 | | - | 5.13applicant's name and date of birth. |
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154 | | - | 5.14 (b) A document submitted under this subdivision must contain security features that |
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155 | | - | 5.15make the document as impervious to alteration as is reasonably practicable in its design and |
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156 | | - | 5.16quality of material and technology. |
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157 | | - | 5.17 (c) Submission of more than one primary document is not required under this subdivision. |
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158 | | - | 5.18 Sec. 7. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to |
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159 | | - | 5.19read: |
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160 | | - | 5.20 Subd. 11.Noncompliant license or identification card; secondary documents.(a) |
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161 | | - | 5.21For purposes of a noncompliant driver's license or identification card, a secondary document |
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162 | | - | 5.22under Minnesota Rules, part 7410.0400, subpart 3, or successor rules, includes: |
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163 | | - | 5.23 (1) a second primary document listed under subdivision 10, paragraph (a); |
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164 | | - | 5.24 (2) a notice of action on or proof of submission of a completed Application for Asylum |
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165 | | - | 5.25and for Withholding of Removal issued by the United States Department of Homeland |
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166 | | - | 5.26Security, Form I-589; |
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167 | | - | 5.27 (3) a Certificate of Eligibility for Nonimmigrant Student Status issued by the United |
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168 | | - | 5.28States Department of Homeland Security, Form I-20; |
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169 | | - | 5.29 (4) a Certificate of Eligibility for Exchange Visitor Status issued by the United States |
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170 | | - | 5.30Department of State, Form DS-2019; |
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171 | | - | 5Article 1 Sec. 7. |
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172 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 6.1 (5) a Deferred Action for Childhood Arrival approval notice issued by the United States |
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173 | | - | 6.2Department of Homeland Security; |
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174 | | - | 6.3 (6) an employment authorization document issued by the United States Department of |
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175 | | - | 6.4Homeland Security, Form I-688, Form I-688A, Form I-688B, or Form I-766; |
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176 | | - | 6.5 (7) a document issued by the Social Security Administration with an individual taxpayer |
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177 | | - | 6.6identification number; |
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178 | | - | 6.7 (8) a Social Security card; |
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179 | | - | 6.8 (9) a Supplemental Security Income award statement issued no more than 12 months |
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180 | | - | 6.9before the application; |
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181 | | - | 6.10 (10) an unexpired Selective Service card; |
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182 | | - | 6.11 (11) military orders that are still in effect at the time of application; |
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183 | | - | 6.12 (12) a Minnesota unemployment insurance benefit statement issued no more than 90 |
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184 | | - | 6.13days before the application; |
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185 | | - | 6.14 (13) a valid identification card for health benefits or an assistance or social services |
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186 | | - | 6.15program; |
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187 | | - | 6.16 (14) a Minnesota vehicle certificate of title issued no more than 12 months before the |
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188 | | - | 6.17application; |
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189 | | - | 6.18 (15) mortgage documents for the applicant's residence; |
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190 | | - | 6.19 (16) a filed property deed or title for the applicant's residence; |
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191 | | - | 6.20 (17) a Minnesota property tax statement for the current or prior calendar year, or a |
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192 | | - | 6.21proposed Minnesota property tax notice for the current year, that shows the applicant's |
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193 | | - | 6.22principal residential address both on the mailing portion and the portion stating what property |
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194 | | - | 6.23is being taxed; |
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195 | | - | 6.24 (18) a certified copy of a divorce decree or dissolution of marriage that specifies the |
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196 | | - | 6.25applicant's name or name change, issued by a court; and |
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197 | | - | 6.26 (19) any of the following documents issued by a foreign jurisdiction: |
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198 | | - | 6.27 (i) a driver's license that is current or has been expired for five years or less; |
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199 | | - | 6.28 (ii) a high school, college, or university student identification card with a certified |
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200 | | - | 6.29transcript from the school; |
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| 129 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 5.1 (b) A document submitted under this subdivision must contain security features that |
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| 130 | + | 5.2make the document as impervious to alteration as is reasonably practicable in its design and |
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| 131 | + | 5.3quality of material and technology. |
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| 132 | + | 5.4 (c) Submission of more than one primary document is not required under this subdivision. |
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| 133 | + | 5.5 Sec. 6. Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to |
---|
| 134 | + | 5.6read: |
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| 135 | + | 5.7 Subd. 11.Noncompliant license or identification card; secondary documents.(a) |
---|
| 136 | + | 5.8For purposes of a noncompliant driver's license or identification card, a secondary document |
---|
| 137 | + | 5.9under Minnesota Rules, part 7410.0400, subpart 3, or successor rules, includes: |
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| 138 | + | 5.10 (1) a second primary document listed under subdivision 10, paragraph (a); |
---|
| 139 | + | 5.11 (2) a notice of action on or proof of submission of a completed Application for Asylum |
---|
| 140 | + | 5.12and for Withholding of Removal issued by the United States Department of Homeland |
---|
| 141 | + | 5.13Security, Form I-589; |
---|
| 142 | + | 5.14 (3) a Certificate of Eligibility for Nonimmigrant Student Status issued by the United |
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| 143 | + | 5.15States Department of Homeland Security, Form I-20; |
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| 144 | + | 5.16 (4) a Certificate of Eligibility for Exchange Visitor Status issued by the United States |
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| 145 | + | 5.17Department of State, Form DS-2019; |
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| 146 | + | 5.18 (5) a Deferred Action for Childhood Arrival approval notice issued by the United States |
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| 147 | + | 5.19Department of Homeland Security; |
---|
| 148 | + | 5.20 (6) an employment authorization document issued by the United States Department of |
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| 149 | + | 5.21Homeland Security, Form I-688, Form I-688A, Form I-688B, or Form I-766; |
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| 150 | + | 5.22 (7) a document issued by the Social Security Administration with an individual taxpayer |
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| 151 | + | 5.23identification number; |
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| 152 | + | 5.24 (8) a Social Security card; |
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| 153 | + | 5.25 (9) a Supplemental Security Income award statement issued no more than 12 months |
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| 154 | + | 5.26before the application; |
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| 155 | + | 5.27 (10) an unexpired Selective Service card; |
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| 156 | + | 5.28 (11) military orders that are still in effect at the time of application; |
---|
| 157 | + | 5.29 (12) a Minnesota unemployment insurance benefit statement issued no more than 90 |
---|
| 158 | + | 5.30days before the application; |
---|
| 159 | + | 5Article 1 Sec. 6. |
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| 160 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 6.1 (13) a valid identification card for health benefits or an assistance or social services |
---|
| 161 | + | 6.2program; |
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| 162 | + | 6.3 (14) a Minnesota vehicle certificate of title issued no more than 12 months before the |
---|
| 163 | + | 6.4application; |
---|
| 164 | + | 6.5 (15) mortgage documents for the applicant's residence; |
---|
| 165 | + | 6.6 (16) a filed property deed or title for the applicant's residence; |
---|
| 166 | + | 6.7 (17) a Minnesota property tax statement for the current or prior calendar year, or a |
---|
| 167 | + | 6.8proposed Minnesota property tax notice for the current year, that shows the applicant's |
---|
| 168 | + | 6.9principal residential address both on the mailing portion and the portion stating what property |
---|
| 169 | + | 6.10is being taxed; |
---|
| 170 | + | 6.11 (18) a certified copy of a divorce decree or dissolution of marriage that specifies the |
---|
| 171 | + | 6.12applicant's name or name change, issued by a court; and |
---|
| 172 | + | 6.13 (19) any of the following documents issued by a foreign jurisdiction: |
---|
| 173 | + | 6.14 (i) a driver's license that is current or has been expired for five years or less; |
---|
| 174 | + | 6.15 (ii) a high school, college, or university student identification card with a certified |
---|
| 175 | + | 6.16transcript from the school; |
---|
| 176 | + | 6.17 (iii) an official high school, college, or university transcript that includes the applicant's |
---|
| 177 | + | 6.18date of birth and a photograph of the applicant at the age the record was issued; |
---|
| 178 | + | 6.19 (iv) a federal electoral card issued on or after January 1, 1991, that contains the applicant's |
---|
| 179 | + | 6.20photograph; |
---|
| 180 | + | 6.21 (v) a certified copy of the applicant's certificate of marriage; and |
---|
| 181 | + | 6.22 (vi) a certified copy of a court order or judgment from a court of competent jurisdiction |
---|
| 182 | + | 6.23that contains the applicant's name and date of birth. |
---|
| 183 | + | 6.24 (b) Submission of more than one secondary document is not required under this |
---|
| 184 | + | 6.25subdivision. |
---|
| 185 | + | 6.26 Sec. 7. Minnesota Statutes 2022, section 171.07, subdivision 1, is amended to read: |
---|
| 186 | + | 6.27 Subdivision 1.License; contents and design.(a) Upon the payment of the required fee, |
---|
| 187 | + | 6.28the department shall issue to every qualifying applicant a license designating the type or |
---|
| 188 | + | 6.29class of vehicles the applicant is authorized to drive as applied for. This license must bear: |
---|
| 189 | + | 6.30(1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date |
---|
| 190 | + | 6.31of birth; (3) either (i) the licensee's residence address, or (ii) the designated address under |
---|
202 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 7.1 (iii) an official high school, college, or university transcript that includes the applicant's |
---|
203 | | - | 7.2date of birth and a photograph of the applicant at the age the record was issued; |
---|
204 | | - | 7.3 (iv) a federal electoral card issued on or after January 1, 1991, that contains the applicant's |
---|
205 | | - | 7.4photograph; |
---|
206 | | - | 7.5 (v) a certified copy of the applicant's certificate of marriage; and |
---|
207 | | - | 7.6 (vi) a certified copy of a court order or judgment from a court of competent jurisdiction |
---|
208 | | - | 7.7that contains the applicant's name and date of birth. |
---|
209 | | - | 7.8 (b) Submission of more than one secondary document is not required under this |
---|
210 | | - | 7.9subdivision. |
---|
211 | | - | 7.10 Sec. 8. Minnesota Statutes 2022, section 171.07, subdivision 1, is amended to read: |
---|
212 | | - | 7.11 Subdivision 1.License; contents and design.(a) Upon the payment of the required fee, |
---|
213 | | - | 7.12the department shall issue to every qualifying applicant a license designating the type or |
---|
214 | | - | 7.13class of vehicles the applicant is authorized to drive as applied for. This license must bear: |
---|
215 | | - | 7.14(1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date |
---|
216 | | - | 7.15of birth; (3) either (i) the licensee's residence address, or (ii) the designated address under |
---|
217 | | - | 7.16section 5B.05; (4) a description of the licensee in a manner as the commissioner deems |
---|
218 | | - | 7.17necessary; (5) the usual signature of the licensee; and (6) designations and markings as |
---|
219 | | - | 7.18provided in this section. No license is valid unless it bears the usual signature of the licensee. |
---|
220 | | - | 7.19Every license must bear a colored photograph or an electronically produced image of the |
---|
221 | | - | 7.20licensee. |
---|
222 | | - | 7.21 (b) If the United States Postal Service will not deliver mail to the applicant's residence |
---|
223 | | - | 7.22address as listed on the license, then the applicant shall provide verification from the United |
---|
224 | | - | 7.23States Postal Service that mail will not be delivered to the applicant's residence address and |
---|
225 | | - | 7.24that mail will be delivered to a specified alternate mailing address. When an applicant |
---|
226 | | - | 7.25provides an alternate mailing address under this subdivision, the commissioner shall use |
---|
227 | | - | 7.26the alternate mailing address in lieu of the applicant's residence address for all notices and |
---|
228 | | - | 7.27mailings to the applicant. |
---|
229 | | - | 7.28 (c) Every license issued to an applicant under the age of 21 must be of a distinguishing |
---|
230 | | - | 7.29color and plainly marked "Under-21." |
---|
231 | | - | 7.30 (d) A license issued to an applicant age 65 or over must be plainly marked "senior" if |
---|
232 | | - | 7.31requested by the applicant. |
---|
233 | | - | 7Article 1 Sec. 8. |
---|
234 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 8.1 (e) Except for a noncompliant license, a license must bear a distinguishing indicator for |
---|
235 | | - | 8.2compliance with requirements of the REAL ID Act. |
---|
236 | | - | 8.3 (f) A noncompliant license must: |
---|
237 | | - | 8.4 (1) be marked "not for federal identification" on the face and in the machine-readable |
---|
238 | | - | 8.5portion; and |
---|
239 | | - | 8.6 (2) have a unique design or color indicator for purposes of the REAL ID Act; and |
---|
240 | | - | 8.7 (3) bear no indicator or design that relates to the lawful presence or the citizenship of |
---|
241 | | - | 8.8the license holder. |
---|
242 | | - | 8.9 (g) A REAL ID compliant license issued to a person with temporary lawful status or |
---|
243 | | - | 8.10admission period must be marked "temporary" on the face and in the machine-readable |
---|
244 | | - | 8.11portion. |
---|
245 | | - | 8.12 (h) A license must display the licensee's full name or no fewer than 39 characters of the |
---|
246 | | - | 8.13name. Any necessary truncation must begin with the last character of the middle name and |
---|
247 | | - | 8.14proceed through the second letter of the middle name, followed by the last character of the |
---|
248 | | - | 8.15first name and proceeding through the second letter of the first name. |
---|
249 | | - | 8.16 Sec. 9. Minnesota Statutes 2022, section 171.07, subdivision 3, is amended to read: |
---|
250 | | - | 8.17 Subd. 3.Identification card; content and design; fee.(a) Upon payment of the required |
---|
251 | | - | 8.18fee, the department shall issue to every qualifying applicant a Minnesota identification card. |
---|
252 | | - | 8.19The department may not issue a Minnesota identification card to an individual who has a |
---|
253 | | - | 8.20driver's license, other than a limited license. The department may not issue an enhanced |
---|
254 | | - | 8.21identification card to an individual who is under 16 years of age, not a resident of this state, |
---|
255 | | - | 8.22or not a citizen of the United States of America. The card must bear: (1) a distinguishing |
---|
256 | | - | 8.23number assigned to the applicant; (2) a colored photograph or an electronically produced |
---|
257 | | - | 8.24image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the |
---|
258 | | - | 8.25licensee's residence address, or (ii) the designated address under section 5B.05; (5) a |
---|
259 | | - | 8.26description of the applicant in the manner as the commissioner deems necessary; (6) the |
---|
260 | | - | 8.27usual signature of the applicant; and (7) designations and markings provided under this |
---|
261 | | - | 8.28section. |
---|
262 | | - | 8.29 (b) If the United States Postal Service will not deliver mail to the applicant's residence |
---|
263 | | - | 8.30address as listed on the Minnesota identification card, then the applicant shall provide |
---|
264 | | - | 8.31verification from the United States Postal Service that mail will not be delivered to the |
---|
265 | | - | 8.32applicant's residence address and that mail will be delivered to a specified alternate mailing |
---|
266 | | - | 8.33address. When an applicant provides an alternate mailing address under this subdivision, |
---|
267 | | - | 8Article 1 Sec. 9. |
---|
268 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 9.1the commissioner shall use the alternate mailing address in lieu of the applicant's residence |
---|
269 | | - | 9.2address for all notices and mailings to the applicant. |
---|
270 | | - | 9.3 (c) Each identification card issued to an applicant under the age of 21 must be of a |
---|
271 | | - | 9.4distinguishing color and plainly marked "Under-21." |
---|
272 | | - | 9.5 (d) Each Minnesota identification card must be plainly marked "Minnesota identification |
---|
273 | | - | 9.6card - not a driver's license." |
---|
274 | | - | 9.7 (e) Except for a noncompliant identification card, a Minnesota identification card must |
---|
275 | | - | 9.8bear a distinguishing indicator for compliance with requirements of the REAL ID Act. |
---|
276 | | - | 9.9 (f) A noncompliant identification card must: |
---|
277 | | - | 9.10 (1) be marked "not for federal identification" on the face and in the machine-readable |
---|
278 | | - | 9.11portion; and |
---|
279 | | - | 9.12 (2) have a unique design or color indicator for purposes of the REAL ID Act; and |
---|
280 | | - | 9.13 (3) bear no indicator or design that relates to the lawful presence or the citizenship of |
---|
281 | | - | 9.14the identification card holder. |
---|
282 | | - | 9.15 (g) A REAL ID compliant Minnesota identification card issued to a person with temporary |
---|
283 | | - | 9.16lawful status or admission period must be marked "temporary" on the face and in the |
---|
284 | | - | 9.17machine-readable portion. |
---|
285 | | - | 9.18 (h) A Minnesota identification card must display the cardholder's full name or no fewer |
---|
286 | | - | 9.19than 39 characters of the name. Any necessary truncation must begin with the last character |
---|
287 | | - | 9.20of the middle name and proceed through the second letter of the middle name, followed by |
---|
288 | | - | 9.21the last character of the first name and proceeding through the second letter of the first name. |
---|
289 | | - | 9.22 (i) The fee for a Minnesota identification card is 50 cents when issued to a person who |
---|
290 | | - | 9.23is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically |
---|
291 | | - | 9.24disabled person, as defined in section 169.345, subdivision 2; or, a person with mental |
---|
292 | | - | 9.25illness, as described in section 245.462, subdivision 20, paragraph (c). |
---|
293 | | - | 9.26 Sec. 10. [171.1205] RESTRICTIONS ON USE. |
---|
294 | | - | 9.27 A state agency or a political subdivision must not use the possession of a noncompliant |
---|
295 | | - | 9.28driver's license or identification card as (1) evidence of a person's citizenship or lawful |
---|
296 | | - | 9.29presence in the United States, or (2) the primary basis for investigation, detention, or arrest. |
---|
297 | | - | 9Article 1 Sec. 10. |
---|
298 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 10.1 Sec. 11. APPROPRIATION. |
---|
299 | | - | 10.2 $1,453,000 in fiscal year 2024 and $1,413,000 in fiscal year 2025 are appropriated from |
---|
300 | | - | 10.3the vehicle services operating account in the special revenue fund to the commissioner of |
---|
301 | | - | 10.4public safety to implement the requirements of this act. The base for the vehicle services |
---|
302 | | - | 10.5activity is increased by $891,000 in each of fiscal years 2026 and 2027. |
---|
303 | | - | 10.6 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
304 | | - | 10.7 Sec. 12. REPEALER. |
---|
305 | | - | 10.8 Minnesota Statutes 2022, section 171.015, subdivision 7, is repealed. |
---|
306 | | - | 10.9 Sec. 13. EFFECTIVE DATE. |
---|
307 | | - | 10.10 Unless provided otherwise, this act is effective October 1, 2023, for driver's license and |
---|
308 | | - | 10.11Minnesota identification card application and issuance on or after that date. |
---|
309 | | - | 10.12 ARTICLE 2 |
---|
310 | | - | 10.13 DATA PROTECTIONS |
---|
311 | | - | 10.14Section 1. Minnesota Statutes 2022, section 13.6905, is amended by adding a subdivision |
---|
312 | | - | 10.15to read: |
---|
313 | | - | 10.16 Subd. 36.Noncompliant license or identification card; lawful status.Data on certain |
---|
314 | | - | 10.17noncompliant drivers' licenses or identification cards are governed by section 171.12, |
---|
315 | | - | 10.18subdivision 11. |
---|
316 | | - | 10.19Sec. 2. Minnesota Statutes 2022, section 168.327, subdivision 6, is amended to read: |
---|
317 | | - | 10.20 Subd. 6.Review and audit of subscription services.Each subscriber under subdivision |
---|
318 | | - | 10.214 or 5a must annually engage an independent professional organization to audit its uses of |
---|
319 | | - | 10.22data and its information technology security procedures, including: (1) the methods and |
---|
320 | | - | 10.23practices employed in the processing and use of driver and vehicle services data; and (2) |
---|
321 | | - | 10.24compliance with the certification required under section 171.12, subdivision 7b, paragraph |
---|
322 | | - | 10.25(d). Within 30 days of the date of the audit report, each subscriber must submit each report |
---|
323 | | - | 10.26to the legislative auditor and the commissioner. |
---|
324 | | - | 10.27Sec. 3. Minnesota Statutes 2022, section 171.12, subdivision 7, is amended to read: |
---|
325 | | - | 10.28 Subd. 7.Privacy of data.(a) Data on individuals provided to obtain a driver's license |
---|
326 | | - | 10.29or Minnesota identification card shall be treated as provided by United States Code, title |
---|
| 192 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 7.1section 5B.05; (4) a description of the licensee in a manner as the commissioner deems |
---|
| 193 | + | 7.2necessary; (5) the usual signature of the licensee; and (6) designations and markings as |
---|
| 194 | + | 7.3provided in this section. No license is valid unless it bears the usual signature of the licensee. |
---|
| 195 | + | 7.4Every license must bear a colored photograph or an electronically produced image of the |
---|
| 196 | + | 7.5licensee. |
---|
| 197 | + | 7.6 (b) If the United States Postal Service will not deliver mail to the applicant's residence |
---|
| 198 | + | 7.7address as listed on the license, then the applicant shall provide verification from the United |
---|
| 199 | + | 7.8States Postal Service that mail will not be delivered to the applicant's residence address and |
---|
| 200 | + | 7.9that mail will be delivered to a specified alternate mailing address. When an applicant |
---|
| 201 | + | 7.10provides an alternate mailing address under this subdivision, the commissioner shall use |
---|
| 202 | + | 7.11the alternate mailing address in lieu of the applicant's residence address for all notices and |
---|
| 203 | + | 7.12mailings to the applicant. |
---|
| 204 | + | 7.13 (c) Every license issued to an applicant under the age of 21 must be of a distinguishing |
---|
| 205 | + | 7.14color and plainly marked "Under-21." |
---|
| 206 | + | 7.15 (d) A license issued to an applicant age 65 or over must be plainly marked "senior" if |
---|
| 207 | + | 7.16requested by the applicant. |
---|
| 208 | + | 7.17 (e) Except for a noncompliant license, a license must bear a distinguishing indicator for |
---|
| 209 | + | 7.18compliance with requirements of the REAL ID Act. |
---|
| 210 | + | 7.19 (f) A noncompliant license must: |
---|
| 211 | + | 7.20 (1) be marked "not for federal identification" on the face and in the machine-readable |
---|
| 212 | + | 7.21portion; and |
---|
| 213 | + | 7.22 (2) have a unique design or color indicator for purposes of the REAL ID Act; and |
---|
| 214 | + | 7.23 (3) bear no indicator or design that relates to the lawful presence or the citizenship of |
---|
| 215 | + | 7.24the license holder. |
---|
| 216 | + | 7.25 (g) A REAL ID compliant license issued to a person with temporary lawful status or |
---|
| 217 | + | 7.26admission period must be marked "temporary" on the face and in the machine-readable |
---|
| 218 | + | 7.27portion. |
---|
| 219 | + | 7.28 (h) A license must display the licensee's full name or no fewer than 39 characters of the |
---|
| 220 | + | 7.29name. Any necessary truncation must begin with the last character of the middle name and |
---|
| 221 | + | 7.30proceed through the second letter of the middle name, followed by the last character of the |
---|
| 222 | + | 7.31first name and proceeding through the second letter of the first name. |
---|
| 223 | + | 7Article 1 Sec. 7. |
---|
| 224 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 8.1 Sec. 8. Minnesota Statutes 2022, section 171.07, subdivision 3, is amended to read: |
---|
| 225 | + | 8.2 Subd. 3.Identification card; content and design; fee.(a) Upon payment of the required |
---|
| 226 | + | 8.3fee, the department shall issue to every qualifying applicant a Minnesota identification card. |
---|
| 227 | + | 8.4The department may not issue a Minnesota identification card to an individual who has a |
---|
| 228 | + | 8.5driver's license, other than a limited license. The department may not issue an enhanced |
---|
| 229 | + | 8.6identification card to an individual who is under 16 years of age, not a resident of this state, |
---|
| 230 | + | 8.7or not a citizen of the United States of America. The card must bear: (1) a distinguishing |
---|
| 231 | + | 8.8number assigned to the applicant; (2) a colored photograph or an electronically produced |
---|
| 232 | + | 8.9image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the |
---|
| 233 | + | 8.10licensee's residence address, or (ii) the designated address under section 5B.05; (5) a |
---|
| 234 | + | 8.11description of the applicant in the manner as the commissioner deems necessary; (6) the |
---|
| 235 | + | 8.12usual signature of the applicant; and (7) designations and markings provided under this |
---|
| 236 | + | 8.13section. |
---|
| 237 | + | 8.14 (b) If the United States Postal Service will not deliver mail to the applicant's residence |
---|
| 238 | + | 8.15address as listed on the Minnesota identification card, then the applicant shall provide |
---|
| 239 | + | 8.16verification from the United States Postal Service that mail will not be delivered to the |
---|
| 240 | + | 8.17applicant's residence address and that mail will be delivered to a specified alternate mailing |
---|
| 241 | + | 8.18address. When an applicant provides an alternate mailing address under this subdivision, |
---|
| 242 | + | 8.19the commissioner shall use the alternate mailing address in lieu of the applicant's residence |
---|
| 243 | + | 8.20address for all notices and mailings to the applicant. |
---|
| 244 | + | 8.21 (c) Each identification card issued to an applicant under the age of 21 must be of a |
---|
| 245 | + | 8.22distinguishing color and plainly marked "Under-21." |
---|
| 246 | + | 8.23 (d) Each Minnesota identification card must be plainly marked "Minnesota identification |
---|
| 247 | + | 8.24card - not a driver's license." |
---|
| 248 | + | 8.25 (e) Except for a noncompliant identification card, a Minnesota identification card must |
---|
| 249 | + | 8.26bear a distinguishing indicator for compliance with requirements of the REAL ID Act. |
---|
| 250 | + | 8.27 (f) A noncompliant identification card must: |
---|
| 251 | + | 8.28 (1) be marked "not for federal identification" on the face and in the machine-readable |
---|
| 252 | + | 8.29portion; and |
---|
| 253 | + | 8.30 (2) have a unique design or color indicator for purposes of the REAL ID Act; and |
---|
| 254 | + | 8.31 (3) bear no indicator or design that relates to the lawful presence or the citizenship of |
---|
| 255 | + | 8.32the identification card holder. |
---|
| 256 | + | 8Article 1 Sec. 8. |
---|
| 257 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 9.1 (g) A REAL ID compliant Minnesota identification card issued to a person with temporary |
---|
| 258 | + | 9.2lawful status or admission period must be marked "temporary" on the face and in the |
---|
| 259 | + | 9.3machine-readable portion. |
---|
| 260 | + | 9.4 (h) A Minnesota identification card must display the cardholder's full name or no fewer |
---|
| 261 | + | 9.5than 39 characters of the name. Any necessary truncation must begin with the last character |
---|
| 262 | + | 9.6of the middle name and proceed through the second letter of the middle name, followed by |
---|
| 263 | + | 9.7the last character of the first name and proceeding through the second letter of the first name. |
---|
| 264 | + | 9.8 (i) The fee for a Minnesota identification card is 50 cents when issued to a person who |
---|
| 265 | + | 9.9is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically |
---|
| 266 | + | 9.10disabled person, as defined in section 169.345, subdivision 2; or, a person with mental |
---|
| 267 | + | 9.11illness, as described in section 245.462, subdivision 20, paragraph (c). |
---|
| 268 | + | 9.12 Sec. 9. [171.1205] RESTRICTIONS ON USE. |
---|
| 269 | + | 9.13 A state agency and a political subdivision must not use the possession of a noncompliant |
---|
| 270 | + | 9.14driver's license or identification card as (1) evidence of a person's citizenship or lawful |
---|
| 271 | + | 9.15presence in the United States, or (2) the primary basis for investigation, detention, or arrest. |
---|
| 272 | + | 9.16 Sec. 10. APPROPRIATION. |
---|
| 273 | + | 9.17 $1,453,000 in fiscal year 2024 and $1,413,000 in fiscal year 2025 are appropriated from |
---|
| 274 | + | 9.18the vehicle services operating account in the special revenue fund to the commissioner of |
---|
| 275 | + | 9.19public safety to implement the requirements of this act. The base for the vehicle services |
---|
| 276 | + | 9.20activity is increased by $891,000 in each of fiscal years 2026 and 2027. |
---|
| 277 | + | 9.21 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
| 278 | + | 9.22 Sec. 11. REPEALER. |
---|
| 279 | + | 9.23 Minnesota Statutes 2022, section 171.015, subdivision 7, is repealed. |
---|
| 280 | + | 9.24 Sec. 12. EFFECTIVE DATE. |
---|
| 281 | + | 9.25 Unless provided otherwise, this act is effective October 1, 2023, for driver's license and |
---|
| 282 | + | 9.26Minnesota identification card application and issuance on or after that date. |
---|
| 283 | + | 9Article 1 Sec. 12. |
---|
| 284 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 10.1 ARTICLE 2 |
---|
| 285 | + | 10.2 DATA PROTECTIONS |
---|
| 286 | + | 10.3 Section 1. Minnesota Statutes 2022, section 13.6905, is amended by adding a subdivision |
---|
| 287 | + | 10.4to read: |
---|
| 288 | + | 10.5 Subd. 36.Noncompliant license or identification card; lawful status.Data on certain |
---|
| 289 | + | 10.6noncompliant drivers' licenses or identification cards are governed by section 171.12, |
---|
| 290 | + | 10.7subdivision 11. |
---|
| 291 | + | 10.8 Sec. 2. Minnesota Statutes 2022, section 168.327, subdivision 6, is amended to read: |
---|
| 292 | + | 10.9 Subd. 6.Review and audit of subscription services.Each subscriber under subdivision |
---|
| 293 | + | 10.104 or 5a must annually engage an independent professional organization to audit its uses of |
---|
| 294 | + | 10.11data and its information technology security procedures, including: (1) the methods and |
---|
| 295 | + | 10.12practices employed in the processing and use of driver and vehicle services data; and (2) |
---|
| 296 | + | 10.13compliance with the certification required under section 171.12, subdivision 7b, paragraph |
---|
| 297 | + | 10.14(d). Within 30 days of the date of the audit report, each subscriber must submit each report |
---|
| 298 | + | 10.15to the legislative auditor and the commissioner. |
---|
| 299 | + | 10.16Sec. 3. Minnesota Statutes 2022, section 171.12, subdivision 7, is amended to read: |
---|
| 300 | + | 10.17 Subd. 7.Privacy of data.(a) Data on individuals provided to obtain a driver's license |
---|
| 301 | + | 10.18or Minnesota identification card shall be treated as provided by United States Code, title |
---|
| 302 | + | 10.1918, section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted |
---|
| 303 | + | 10.20by that section. The commissioner shall disclose the data in bulk form upon request to an |
---|
| 304 | + | 10.21authorized recipient under United States Code, title 18, section 2721. For any disclosure of |
---|
| 305 | + | 10.22data on individuals related to a noncompliant driver's license or identification card, the |
---|
| 306 | + | 10.23commissioner must require a certification pursuant to subdivision 7b, paragraph (d). |
---|
| 307 | + | 10.24 (b) An applicant for a driver's license or a Minnesota identification card may consent, |
---|
| 308 | + | 10.25in writing, to the commissioner to disclose the applicant's personal information exempted |
---|
| 309 | + | 10.26by United States Code, title 18, section 2721, to any person who makes a request for the |
---|
| 310 | + | 10.27personal information. If the applicant so authorizes disclosures, the commissioner shall |
---|
| 311 | + | 10.28implement the request and the information may be used. |
---|
| 312 | + | 10.29 (c) If authorized by an applicant for a driver's license or a Minnesota identification card, |
---|
| 313 | + | 10.30as indicated in paragraph (b), the applicant's personal information may be used, rented, or |
---|
| 314 | + | 10.31sold solely for bulk distribution by organizations for business purposes, including surveys, |
---|
| 315 | + | 10.32marketing, or solicitation. |
---|
328 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 11.118, section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted |
---|
329 | | - | 11.2by that section. The commissioner shall disclose the data in bulk form upon request to an |
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330 | | - | 11.3authorized recipient under United States Code, title 18, section 2721. For any disclosure of |
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331 | | - | 11.4data on individuals related to a noncompliant driver's license or identification card, the |
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332 | | - | 11.5commissioner must require a certification pursuant to subdivision 7b, paragraph (d). |
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333 | | - | 11.6 (b) An applicant for a driver's license or a Minnesota identification card may consent, |
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334 | | - | 11.7in writing, to the commissioner to disclose the applicant's personal information exempted |
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335 | | - | 11.8by United States Code, title 18, section 2721, to any person who makes a request for the |
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336 | | - | 11.9personal information. If the applicant so authorizes disclosures, the commissioner shall |
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337 | | - | 11.10implement the request and the information may be used. |
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338 | | - | 11.11 (c) If authorized by an applicant for a driver's license or a Minnesota identification card, |
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339 | | - | 11.12as indicated in paragraph (b), the applicant's personal information may be used, rented, or |
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340 | | - | 11.13sold solely for bulk distribution by organizations for business purposes, including surveys, |
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341 | | - | 11.14marketing, or solicitation. |
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342 | | - | 11.15 (d) An applicant for a driver's license, instruction permit, or Minnesota identification |
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343 | | - | 11.16card may request that the applicant's residence address be classified as "private data on |
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344 | | - | 11.17individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant the |
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345 | | - | 11.18classification on receipt of a signed statement by the individual that the classification is |
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346 | | - | 11.19required for the safety of the applicant or the applicant's family, if the statement also provides |
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347 | | - | 11.20a valid, existing address where the applicant consents to receive service of process. The |
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348 | | - | 11.21commissioner shall use the service for process mailing address in place of the residence |
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349 | | - | 11.22address in all documents and notices pertaining to the driver's license, instruction permit, |
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350 | | - | 11.23or Minnesota identification card. The residence address and any information provided in |
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351 | | - | 11.24the classification request, other than the mailing address, are private data on individuals and |
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352 | | - | 11.25may be provided to requesting law enforcement agencies, probation and parole agencies, |
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353 | | - | 11.26and public authorities, as defined in section 518A.26, subdivision 18. |
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354 | | - | 11.27Sec. 4. Minnesota Statutes 2022, section 171.12, subdivision 7a, is amended to read: |
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355 | | - | 11.28 Subd. 7a.Disclosure of personal information.(a) The Subject to subdivision 11, the |
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356 | | - | 11.29commissioner shall must disclose personal information where the use is related to the |
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357 | | - | 11.30operation of a motor vehicle or to public safety. The use of personal information is related |
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358 | | - | 11.31to public safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, |
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359 | | - | 11.32or property. The commissioner may refuse to disclose data under this subdivision when the |
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360 | | - | 11.33commissioner concludes that the requester is likely to use the data for illegal, improper, or |
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361 | | - | 11.34noninvestigative purposes. |
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362 | | - | 11Article 2 Sec. 4. |
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363 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 12.1 (b) The commissioner shall must disclose personal information to the secretary of state |
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364 | | - | 12.2for the purpose of increasing voter registration and improving the accuracy of voter |
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365 | | - | 12.3registration records in the statewide voter registration system. The secretary of state may |
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366 | | - | 12.4not retain data provided by the commissioner under this subdivision for more than 60 days |
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367 | | - | 12.5and may not share or disseminate any data on individuals who have applied for or been |
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368 | | - | 12.6issued a noncompliant driver's license or identification card except for the purpose of |
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369 | | - | 12.7administering elections or as permitted in section 201.13, subdivision 3, paragraph (d). |
---|
370 | | - | 12.8 Sec. 5. Minnesota Statutes 2022, section 171.12, subdivision 7b, is amended to read: |
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371 | | - | 12.9 Subd. 7b.Data privacy; noncompliant license or identification card.(a) With respect |
---|
372 | | - | 12.10to noncompliant licenses or identification cards, the commissioner is prohibited from: |
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373 | | - | 12.11 (1) electronically disseminating outside the state data that is not disseminated as of May |
---|
374 | | - | 12.1219, 2017; or |
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375 | | - | 12.13 (2) utilizing any electronic validation or verification system accessible from or maintained |
---|
376 | | - | 12.14outside the state that is not in use as of May 19, 2017. |
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377 | | - | 12.15 (b) The limitations in paragraph (a) do not apply to the extent necessary to: (1) maintain |
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378 | | - | 12.16compliance with the driver's license compact under section 171.50 and applicable federal |
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379 | | - | 12.17law governing commercial driver's licenses; and (2) perform identity verification as part of |
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380 | | - | 12.18an application for a replacement Social Security card issued by the Social Security |
---|
381 | | - | 12.19Administration. |
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382 | | - | 12.20 (c) For purposes of this subdivision, "outside the state" includes federal agencies, states |
---|
383 | | - | 12.21other than Minnesota, organizations operating under agreement among the states, and private |
---|
384 | | - | 12.22entities. |
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385 | | - | 12.23 (d) Prior to disclosing to a data requester, other than the data subject, any data on |
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386 | | - | 12.24individuals relating to a noncompliant driver's license or identification card, the commissioner |
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387 | | - | 12.25or a driver's license agent must require the data requester to certify that the data requester |
---|
388 | | - | 12.26must not use the data for civil immigration enforcement purposes or disclose the data to a |
---|
389 | | - | 12.27state or federal government entity that primarily enforces immigration law or to any employee |
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390 | | - | 12.28or agent of any such government entity. A data requester who violates the certification |
---|
391 | | - | 12.29required in this paragraph may be liable in a civil action brought under section 13.08, may |
---|
392 | | - | 12.30be subject to criminal penalties under section 13.09, may have subsequent requests for |
---|
393 | | - | 12.31noncompliant driver's license or identification card data be denied by the commissioner, |
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394 | | - | 12.32and may lose access to the driver records subscription service under section 168.327. A |
---|
395 | | - | 12Article 2 Sec. 5. |
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396 | | - | REVISOR KRB H0004-4HF4 FOURTH ENGROSSMENT 13.1certification form used by the commissioner or a driver's license agent under this paragraph |
---|
397 | | - | 13.2must include information about penalties that apply for violations. |
---|
398 | | - | 13.3 Sec. 6. Minnesota Statutes 2022, section 171.12, subdivision 9, is amended to read: |
---|
399 | | - | 13.4 Subd. 9.Driving record disclosure to law enforcement.Subject to subdivision 11, the |
---|
400 | | - | 13.5commissioner shall also furnish driving records, without charge, to chiefs of police, county |
---|
401 | | - | 13.6sheriffs, prosecuting attorneys, and other law enforcement agencies with the power to arrest. |
---|
402 | | - | 13.7 Sec. 7. Minnesota Statutes 2022, section 171.12, is amended by adding a subdivision to |
---|
403 | | - | 13.8read: |
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404 | | - | 13.9 Subd. 11.Certain data on noncompliant license or identification card; department |
---|
405 | | - | 13.10and agents.(a) For purposes of this section, "immigration status data" means data on |
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406 | | - | 13.11individuals who have applied for or been issued a noncompliant driver's license or |
---|
407 | | - | 13.12identification card and that indicate or otherwise have the effect of identifying (1) whether |
---|
408 | | - | 13.13the individual has demonstrated United States citizenship, or (2) whether the individual has |
---|
409 | | - | 13.14demonstrated lawful presence in the United States. Immigration status data include but are |
---|
410 | | - | 13.15not limited to any documents specified under section 171.06, subdivision 9, 10, or 11; |
---|
411 | | - | 13.16immigration status data contained in those documents; or the applicant's submission of the |
---|
412 | | - | 13.17documents. |
---|
413 | | - | 13.18 (b) Immigration status data are classified as private data on individuals, as defined in |
---|
414 | | - | 13.19section 13.02, subdivision 12. Notwithstanding any law to the contrary, the commissioner |
---|
415 | | - | 13.20or a driver's license agent must not share or disseminate immigration status data except to |
---|
416 | | - | 13.21or within the division of the department that administers driver licensing and to the secretary |
---|
417 | | - | 13.22of state for purposes of improving the accuracy of voter registration records under subdivision |
---|
418 | | - | 13.237a. |
---|
419 | | - | 13.24 (c) As authorized or required by state or federal law, the commissioner or a driver's |
---|
420 | | - | 13.25license agent may share or disseminate data on individuals who have applied for or been |
---|
421 | | - | 13.26issued a noncompliant driver's license or identification card that are not immigration status |
---|
422 | | - | 13.27data to a government entity, as defined in section 13.02, subdivision 7a, or to a federal |
---|
423 | | - | 13.28government entity that does not enforce immigration law, provided that the receiving entity |
---|
424 | | - | 13.29must not use the data for civil immigration enforcement purposes or further disclose the |
---|
425 | | - | 13.30data to a state or federal government entity that primarily enforces immigration law or to |
---|
426 | | - | 13.31any employee or agent of any such government entity. |
---|
427 | | - | 13.32 (d) Notwithstanding any law to the contrary, the commissioner or a driver's license agent |
---|
428 | | - | 13.33must not share or disseminate any data on individuals who have applied for or been issued |
---|
| 317 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 11.1 (d) An applicant for a driver's license, instruction permit, or Minnesota identification |
---|
| 318 | + | 11.2card may request that the applicant's residence address be classified as "private data on |
---|
| 319 | + | 11.3individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant the |
---|
| 320 | + | 11.4classification on receipt of a signed statement by the individual that the classification is |
---|
| 321 | + | 11.5required for the safety of the applicant or the applicant's family, if the statement also provides |
---|
| 322 | + | 11.6a valid, existing address where the applicant consents to receive service of process. The |
---|
| 323 | + | 11.7commissioner shall use the service for process mailing address in place of the residence |
---|
| 324 | + | 11.8address in all documents and notices pertaining to the driver's license, instruction permit, |
---|
| 325 | + | 11.9or Minnesota identification card. The residence address and any information provided in |
---|
| 326 | + | 11.10the classification request, other than the mailing address, are private data on individuals and |
---|
| 327 | + | 11.11may be provided to requesting law enforcement agencies, probation and parole agencies, |
---|
| 328 | + | 11.12and public authorities, as defined in section 518A.26, subdivision 18. |
---|
| 329 | + | 11.13Sec. 4. Minnesota Statutes 2022, section 171.12, subdivision 7a, is amended to read: |
---|
| 330 | + | 11.14 Subd. 7a.Disclosure of personal information.(a) The Subject to subdivision 11, the |
---|
| 331 | + | 11.15commissioner shall must disclose personal information where the use is related to the |
---|
| 332 | + | 11.16operation of a motor vehicle or to public safety. The use of personal information is related |
---|
| 333 | + | 11.17to public safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, |
---|
| 334 | + | 11.18or property. The commissioner may refuse to disclose data under this subdivision when the |
---|
| 335 | + | 11.19commissioner concludes that the requester is likely to use the data for illegal, improper, or |
---|
| 336 | + | 11.20noninvestigative purposes. |
---|
| 337 | + | 11.21 (b) The commissioner shall must disclose personal information to the secretary of state |
---|
| 338 | + | 11.22for the purpose of increasing voter registration and improving the accuracy of voter |
---|
| 339 | + | 11.23registration records in the statewide voter registration system. The secretary of state may |
---|
| 340 | + | 11.24not retain data provided by the commissioner under this subdivision for more than 60 days |
---|
| 341 | + | 11.25and may not share or disseminate any data on individuals who have applied for or been |
---|
| 342 | + | 11.26issued a noncompliant driver's license or identification card except for the purpose of |
---|
| 343 | + | 11.27administering elections or as permitted in section 201.13, subdivision 3, paragraph (d). |
---|
| 344 | + | 11.28Sec. 5. Minnesota Statutes 2022, section 171.12, subdivision 7b, is amended to read: |
---|
| 345 | + | 11.29 Subd. 7b.Data privacy; noncompliant license or identification card.(a) With respect |
---|
| 346 | + | 11.30to noncompliant licenses or identification cards, the commissioner is prohibited from: |
---|
| 347 | + | 11.31 (1) electronically disseminating outside the state data that is not disseminated as of May |
---|
| 348 | + | 11.3219, 2017; or |
---|
| 349 | + | 11Article 2 Sec. 5. |
---|
| 350 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 12.1 (2) utilizing any electronic validation or verification system accessible from or maintained |
---|
| 351 | + | 12.2outside the state that is not in use as of May 19, 2017. |
---|
| 352 | + | 12.3 (b) The limitations in paragraph (a) do not apply to the extent necessary to: (1) maintain |
---|
| 353 | + | 12.4compliance with the driver's license compact under section 171.50 and applicable federal |
---|
| 354 | + | 12.5law governing commercial driver's licenses; and (2) perform identity verification as part of |
---|
| 355 | + | 12.6an application for a replacement Social Security card issued by the Social Security |
---|
| 356 | + | 12.7Administration. |
---|
| 357 | + | 12.8 (c) For purposes of this subdivision, "outside the state" includes federal agencies, states |
---|
| 358 | + | 12.9other than Minnesota, organizations operating under agreement among the states, and private |
---|
| 359 | + | 12.10entities. |
---|
| 360 | + | 12.11 (d) Prior to disclosing to a data requester, other than the data subject, any data on |
---|
| 361 | + | 12.12individuals relating to a noncompliant driver's license or identification card, the commissioner |
---|
| 362 | + | 12.13or a driver's license agent must require the data requester to certify that the data requester |
---|
| 363 | + | 12.14must not use the data for civil immigration enforcement purposes or disclose the data to a |
---|
| 364 | + | 12.15state or federal government entity that primarily enforces immigration law or to any employee |
---|
| 365 | + | 12.16or agent of any such government entity. A data requester who violates the certification |
---|
| 366 | + | 12.17required in this paragraph may be liable in a civil action brought under section 13.08, may |
---|
| 367 | + | 12.18be subject to criminal penalties under section 13.09, may have subsequent requests for |
---|
| 368 | + | 12.19noncompliant driver's license or identification card data be denied by the commissioner, |
---|
| 369 | + | 12.20and may lose access to the driver records subscription service under section 168.327. A |
---|
| 370 | + | 12.21certification form used by the commissioner or a driver's license agent under this paragraph |
---|
| 371 | + | 12.22must include information about penalties that apply for violations. |
---|
| 372 | + | 12.23Sec. 6. Minnesota Statutes 2022, section 171.12, subdivision 9, is amended to read: |
---|
| 373 | + | 12.24 Subd. 9.Driving record disclosure to law enforcement.Subject to subdivision 11, the |
---|
| 374 | + | 12.25commissioner shall also furnish driving records, without charge, to chiefs of police, county |
---|
| 375 | + | 12.26sheriffs, prosecuting attorneys, and other law enforcement agencies with the power to arrest. |
---|
| 376 | + | 12.27Sec. 7. Minnesota Statutes 2022, section 171.12, is amended by adding a subdivision to |
---|
| 377 | + | 12.28read: |
---|
| 378 | + | 12.29 Subd. 11.Certain data on noncompliant license or identification card; department |
---|
| 379 | + | 12.30and agents.(a) For purposes of this section, "immigration status data" means data on |
---|
| 380 | + | 12.31individuals who have applied for or been issued a noncompliant driver's license or |
---|
| 381 | + | 12.32identification card and that indicate or otherwise have the effect of identifying (1) whether |
---|
| 382 | + | 12.33the individual has demonstrated United States citizenship, or (2) whether the individual has |
---|
| 383 | + | 12Article 2 Sec. 7. |
---|
| 384 | + | REVISOR KRB H0004-3HF4 THIRD ENGROSSMENT 13.1demonstrated lawful presence in the United States. Immigration status data include but are |
---|
| 385 | + | 13.2not limited to any documents specified under section 171.06, subdivision 9, 10, or 11; |
---|
| 386 | + | 13.3immigration status data contained in those documents; or the applicant's submission of the |
---|
| 387 | + | 13.4documents. |
---|
| 388 | + | 13.5 (b) Immigration status data are classified as private data on individuals, as defined in |
---|
| 389 | + | 13.6section 13.02, subdivision 12. Notwithstanding any law to the contrary, the commissioner |
---|
| 390 | + | 13.7or a driver's license agent must not share or disseminate immigration status data except to |
---|
| 391 | + | 13.8or within the division of the department that administers driver licensing and to the secretary |
---|
| 392 | + | 13.9of state for purposes of improving the accuracy of voter registration records under subdivision |
---|
| 393 | + | 13.107a. |
---|
| 394 | + | 13.11 (c) As authorized or required by state or federal law, the commissioner or a driver's |
---|
| 395 | + | 13.12license agent may share or disseminate data on individuals who have applied for or been |
---|
| 396 | + | 13.13issued a noncompliant driver's license or identification card that are not immigration status |
---|
| 397 | + | 13.14data to a government entity, as defined in section 13.02, subdivision 7a, or to a federal |
---|
| 398 | + | 13.15government entity that does not enforce immigration law, provided that the receiving entity |
---|
| 399 | + | 13.16must not use the data for civil immigration enforcement purposes or further disclose the |
---|
| 400 | + | 13.17data to a state or federal government entity that primarily enforces immigration law or to |
---|
| 401 | + | 13.18any employee or agent of any such government entity. |
---|
| 402 | + | 13.19 (d) Notwithstanding any law to the contrary, the commissioner or a driver's license agent |
---|
| 403 | + | 13.20must not share or disseminate any data on individuals who have applied for or been issued |
---|
| 404 | + | 13.21a noncompliant driver's license or identification card to any federal government entity that |
---|
| 405 | + | 13.22primarily enforces immigration law, except pursuant to a valid search warrant or court order |
---|
| 406 | + | 13.23issued by a state or federal judge. |
---|
| 407 | + | 13.24 (e) Violation of this subdivision by the commissioner, a driver's license agent, a |
---|
| 408 | + | 13.25government entity, or an employee or agent thereof constitutes a violation of the Minnesota |
---|
| 409 | + | 13.26Government Data Practices Act and may be subject to penalties and remedies applicable |
---|
| 410 | + | 13.27under that chapter. |
---|