| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to drivers' licenses; modifying data requirements of applications for a |
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| 3 | 3 | | 1.3 noncompliant driver's license or identification card; requiring a report; amending |
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| 4 | 4 | | 1.4 Minnesota Statutes 2024, sections 171.06, subdivision 1; 171.062, by adding a |
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| 5 | 5 | | 1.5 subdivision; 171.12, subdivision 11. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 171.06, subdivision 1, is amended to read: |
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| 8 | 8 | | 1.8 Subdivision 1.Application format and requirements.Every application for a Minnesota |
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| 9 | 9 | | 1.9identification card, including an enhanced identification card, or for a driver's license, |
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| 10 | 10 | | 1.10including an instruction permit, a provisional license, a noncompliant driver's license, a |
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| 11 | 11 | | 1.11REAL ID driver's license, and an enhanced driver's license, must be made in a format |
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| 12 | 12 | | 1.12approved by the department. Every application must be accompanied by payment of the |
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| 13 | 13 | | 1.13proper fee. All applicants must sign the application and declare, under penalty of perjury, |
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| 14 | 14 | | 1.14that the information and documentation presented in the application is true and correct. All |
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| 15 | 15 | | 1.15applications requiring evidence of legal presence in the United States or United States |
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| 16 | 16 | | 1.16citizenship must be signed in the presence of the person authorized to accept the application, |
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| 17 | 17 | | 1.17or the signature on the application may be verified by a notary public. Every application |
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| 18 | 18 | | 1.18must include the following statement: "Only citizens may serve on a jury. If you are not a |
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| 19 | 19 | | 1.19citizen, you are not eligible to serve on a jury." |
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| 20 | 20 | | 1.20 Sec. 2. Minnesota Statutes 2024, section 171.062, is amended by adding a subdivision to |
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| 21 | 21 | | 1.21read: |
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| 22 | 22 | | 1.22 Subd. 7.Noncompliant license; department duties.(a) For purposes of issuing a |
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| 23 | 23 | | 1.23noncompliant driver's license or identification card where the applicant submits a document |
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| 24 | 24 | | 1Sec. 2. |
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| 25 | 25 | | REVISOR KRB/RC 25-0068612/06/24 |
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| 26 | 26 | | State of Minnesota |
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| 27 | 27 | | This Document can be made available |
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| 28 | 28 | | in alternative formats upon request |
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| 29 | 29 | | HOUSE OF REPRESENTATIVES |
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| 30 | 30 | | H. F. No. 2118 |
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| 31 | 31 | | NINETY-FOURTH SESSION |
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| 32 | 32 | | Authored by Fogelman, Murphy, Davis and Altendorf03/10/2025 |
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| 33 | 33 | | The bill was read for the first time and referred to the Committee on Transportation Finance and Policy 2.1issued by a foreign jurisdiction under subdivision 4 or 5, the commissioner must establish |
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| 34 | 34 | | 2.2a process by which primary or secondary documents from a foreign jurisdiction are certified |
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| 35 | 35 | | 2.3for their authenticity and security. |
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| 36 | 36 | | 2.4 (b) The commissioner must collect data on the primary or secondary documents issued |
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| 37 | 37 | | 2.5by a foreign jurisdiction, including but not limited to: |
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| 38 | 38 | | 2.6 (1) the country of origin; |
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| 39 | 39 | | 2.7 (2) the type of document used; and |
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| 40 | 40 | | 2.8 (3) whether the department has collected documents from the foreign jurisdiction before |
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| 41 | 41 | | 2.9the application by the person seeking a noncompliant driver's license or identification card |
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| 42 | 42 | | 2.10was made. |
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| 43 | 43 | | 2.11The data collected must not be private data or contain any identifiable information about |
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| 44 | 44 | | 2.12the applicant seeking a noncompliant driver's license or identification card. |
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| 45 | 45 | | 2.13 Sec. 3. Minnesota Statutes 2024, section 171.12, subdivision 11, is amended to read: |
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| 46 | 46 | | 2.14 Subd. 11.Certain data on noncompliant license or identification card; department |
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| 47 | 47 | | 2.15and agents.(a) For purposes of this section, "immigration status data" means data on |
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| 48 | 48 | | 2.16individuals who have applied for or been issued a noncompliant driver's license or |
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| 49 | 49 | | 2.17identification card and that indicate or otherwise have the effect of identifying (1) whether |
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| 50 | 50 | | 2.18the individual has demonstrated United States citizenship, or (2) whether the individual has |
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| 51 | 51 | | 2.19demonstrated lawful presence in the United States. Immigration status data include but are |
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| 52 | 52 | | 2.20not limited to any documents specified under section 171.062; immigration status data |
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| 53 | 53 | | 2.21contained in those documents; or the applicant's submission of the documents. |
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| 54 | 54 | | 2.22 (b) Immigration status data are classified as private data on individuals, as defined in |
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| 55 | 55 | | 2.23section 13.02, subdivision 12. Notwithstanding any law to the contrary, the commissioner |
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| 56 | 56 | | 2.24or a driver's license agent must not share or disseminate immigration status data except: |
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| 57 | 57 | | 2.25 (1) to or within the division of the department that administers driver licensing and; |
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| 58 | 58 | | 2.26 (2) to the secretary of state for purposes of improving the accuracy of voter registration |
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| 59 | 59 | | 2.27records under subdivision 7a.; |
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| 60 | 60 | | 2.28 (3) to the state court administrator for purposes of improving the accuracy of jury |
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| 61 | 61 | | 2.29selection procedures; and |
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| 62 | 62 | | 2.30 (4) for the purposes specified in paragraph (c). |
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| 63 | 63 | | 2Sec. 3. |
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| 64 | 64 | | REVISOR KRB/RC 25-0068612/06/24 3.1 (c) The commissioner or a driver's license agent must share or disseminate immigration |
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| 65 | 65 | | 3.2status data with certifying entities, as defined in section 611A.95, subdivision 1, when |
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| 66 | 66 | | 3.3necessary and solely for the purposes of: |
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| 67 | 67 | | 3.4 (1) providing outreach to victims of criminal activity to inform them of the entity's |
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| 68 | 68 | | 3.5certification process; and |
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| 69 | 69 | | 3.6 (2) processing the current United States Citizenship and Immigration Services Form |
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| 70 | 70 | | 3.7I-918, Supplement B, and any successor forms, as required by federal immigration law. |
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| 71 | 71 | | 3.8 (d) As authorized or required by state or federal law, the commissioner or a driver's |
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| 72 | 72 | | 3.9license agent may share or disseminate data on individuals who have applied for or been |
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| 73 | 73 | | 3.10issued a noncompliant driver's license or identification card that are not immigration status |
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| 74 | 74 | | 3.11data to a government entity, as defined in section 13.02, subdivision 7a, or to a federal |
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| 75 | 75 | | 3.12government entity that does not enforce immigration law, provided that the receiving entity |
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| 76 | 76 | | 3.13must not use the data for civil immigration enforcement purposes or further disclose the |
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| 77 | 77 | | 3.14data to a state or federal government entity that primarily enforces immigration law or to |
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| 78 | 78 | | 3.15any employee or agent of any such government entity. |
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| 79 | 79 | | 3.16 (d) (e) Notwithstanding any law to the contrary, the commissioner or a driver's license |
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| 80 | 80 | | 3.17agent must not share or disseminate any data on individuals who have applied for or been |
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| 81 | 81 | | 3.18issued a noncompliant driver's license or identification card to any federal government entity |
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| 82 | 82 | | 3.19that primarily enforces immigration law, except pursuant to a valid search warrant or court |
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| 83 | 83 | | 3.20order issued by a state or federal judge. |
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| 84 | 84 | | 3.21 (f) The commissioner or a driver's license agent must share or disseminate data on |
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| 85 | 85 | | 3.22individuals who have applied for or been issued a noncompliant driver's license or |
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| 86 | 86 | | 3.23identification card to a federal, state, or local governmental entity pursuant to a valid search |
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| 87 | 87 | | 3.24warrant, subpoena, or court order issued by a state or federal judge. |
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| 88 | 88 | | 3.25 (e) (g) Violation of this subdivision by the commissioner, a driver's license agent, a |
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| 89 | 89 | | 3.26government entity, or an employee or agent thereof constitutes a violation of the Minnesota |
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| 90 | 90 | | 3.27Government Data Practices Act and may be subject to penalties and remedies applicable |
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| 91 | 91 | | 3.28under that chapter. |
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| 92 | 92 | | 3.29 Sec. 4. REPORT. |
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| 93 | 93 | | 3.30 (a) By December 15, 2025, the commissioner of public safety must report to the chairs |
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| 94 | 94 | | 3.31and ranking minority members of the legislative committees with jurisdiction over licensing |
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| 95 | 95 | | 3.32drivers. The report must include information collected by the commissioner of public safety |
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| 96 | 96 | | 3.33under Minnesota Statutes, section 171.062, subdivision 7. The report must include |
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| 97 | 97 | | 3Sec. 4. |
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| 98 | 98 | | REVISOR KRB/RC 25-0068612/06/24 4.1information on the processes used by the commissioner to certify primary documents from |
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| 99 | 99 | | 4.2a foreign jurisdiction as authentic and verify their security features under Minnesota Statutes, |
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| 100 | 100 | | 4.3section 171.062, subdivision 6. |
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| 101 | 101 | | 4.4 (b) The report must include a list of foreign jurisdictions where primary or secondary |
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| 102 | 102 | | 4.5documents were accepted for issuance of a noncompliant driver's license or identification |
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| 103 | 103 | | 4.6card, the type of accepted primary or secondary documents accepted from that jurisdiction, |
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| 104 | 104 | | 4.7and whether any primary or secondary document from a foreign jurisdiction does not comply |
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| 105 | 105 | | 4.8with the requirements set forth in Minnesota Statutes, section 171.062, subdivisions 3 to 5. |
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| 106 | 106 | | 4.9 (c) The report must include a specific analysis of: |
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| 107 | 107 | | 4.10 (1) how the commissioner determines whether a court has competent jurisdiction for |
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| 108 | 108 | | 4.11purposes of Minnesota Statutes, section 171.062, subdivision 1, paragraph (b), and |
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| 109 | 109 | | 4.12subdivision 5, paragraph (a), clause (31), item (vi); |
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| 110 | 110 | | 4.13 (2) how the commissioner determines if a document is "similar documentation" for |
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| 111 | 111 | | 4.14purposes of Minnesota Statutes, section 171.062, subdivision 3, paragraph (b), clause (4); |
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| 112 | 112 | | 4.15and |
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| 113 | 113 | | 4.16 (3) what constitutes "reasonably practicable" for purposes of Minnesota Statutes, section |
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| 114 | 114 | | 4.17171.062, subdivision 4, paragraph (b). |
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| 115 | 115 | | 4Sec. 4. |
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| 116 | 116 | | REVISOR KRB/RC 25-0068612/06/24 |
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