| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to drivers' licenses; requiring proof of lawful presence in the United States |
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| 3 | 3 | | 1.3 to obtain driver's license or identification card; amending Minnesota Statutes 2024, |
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| 4 | 4 | | 1.4 sections 171.04, subdivision 1; 171.06, subdivisions 1, 3, 8; 171.07, subdivisions |
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| 5 | 5 | | 1.5 1, 3; 171.12, subdivisions 7a, 11; 171.1205. |
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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. INTENT OF THE LEGISLATURE. |
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| 8 | 8 | | 1.8 With this act, it is the intent of the legislature to enhance the safety of all Minnesotans |
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| 9 | 9 | | 1.9and to comply with United States Code, title 8, section 1324. |
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| 10 | 10 | | 1.10 Sec. 2. Minnesota Statutes 2024, section 171.04, subdivision 1, is amended to read: |
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| 11 | 11 | | 1.11 Subdivision 1.Persons not eligible.The department shall not issue a driver's license: |
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| 12 | 12 | | 1.12 (1) to any person under 18 years unless: |
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| 13 | 13 | | 1.13 (i) the applicant is 16 or 17 years of age, provides proof of legal presence in the United |
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| 14 | 14 | | 1.14States, and has a previously issued valid license from another state or country or the applicant |
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| 15 | 15 | | 1.15has, for the 12 consecutive months preceding application, held a provisional license and |
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| 16 | 16 | | 1.16during that time has incurred (A) no conviction for a violation of section 169A.20, 169A.33, |
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| 17 | 17 | | 1.17169A.35, sections 169A.50 to 169A.53, or section 171.177, (B) no conviction for a |
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| 18 | 18 | | 1.18crash-related moving violation, and (C) not more than one conviction for a moving violation |
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| 19 | 19 | | 1.19that is not crash related. "Moving violation" means a violation of a traffic regulation but |
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| 20 | 20 | | 1.20does not include a parking violation, vehicle equipment violation, or warning citation; |
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| 21 | 21 | | 1.21 (ii) the application for a license is approved by (A) either parent when both reside in the |
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| 22 | 22 | | 1.22same household as the minor applicant or, if otherwise, then (B) the parent or spouse of the |
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| 23 | 23 | | 1Sec. 2. |
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| 24 | 24 | | REVISOR KRB/NS 25-0231501/29/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 3297 |
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| 30 | 30 | | NINETY-FOURTH SESSION |
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| 31 | 31 | | Authored by Schultz05/05/2025 |
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| 32 | 32 | | The bill was read for the first time and referred to the Committee on Transportation Finance and Policy 2.1parent having custody or, in the event there is no court order for custody, then (C) the parent |
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| 33 | 33 | | 2.2or spouse of the parent with whom the minor is living or, if subitems (A) to (C) do not apply, |
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| 34 | 34 | | 2.3then (D) the guardian having custody of the minor, (E) the foster parent or director of the |
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| 35 | 35 | | 2.4transitional living program in which the child resides or, in the event a person under the age |
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| 36 | 36 | | 2.5of 18 has no living father, mother, or guardian, or is married or otherwise legally |
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| 37 | 37 | | 2.6emancipated, then (F) the minor's adult spouse, adult close family member, or adult employer; |
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| 38 | 38 | | 2.7provided, that the approval required by this item contains a verification of the age of the |
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| 39 | 39 | | 2.8applicant and the identity of the parent, guardian, adult spouse, adult close family member, |
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| 40 | 40 | | 2.9or adult employer; and |
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| 41 | 41 | | 2.10 (iii) the applicant presents a certification by the person who approves the application |
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| 42 | 42 | | 2.11under item (ii), stating that the applicant has driven a motor vehicle accompanied by and |
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| 43 | 43 | | 2.12under supervision of a licensed driver at least 21 years of age for at least ten hours during |
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| 44 | 44 | | 2.13the period of provisional licensure; |
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| 45 | 45 | | 2.14 (2) to any person who is 18 years of age or younger, unless the person has applied for, |
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| 46 | 46 | | 2.15been issued, and possessed the appropriate instruction permit for a minimum of six months, |
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| 47 | 47 | | 2.16and, with respect to a person under 18 years of age, a provisional license for a minimum of |
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| 48 | 48 | | 2.1712 months; |
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| 49 | 49 | | 2.18 (3) to any person who is 19 years of age or older, unless that person has applied for, |
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| 50 | 50 | | 2.19been issued, and possessed the appropriate instruction permit for a minimum of three months; |
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| 51 | 51 | | 2.20 (4) to any person whose license has been suspended during the period of suspension |
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| 52 | 52 | | 2.21except that a suspended license may be reinstated during the period of suspension upon the |
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| 53 | 53 | | 2.22licensee furnishing proof of financial responsibility in the same manner as provided in the |
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| 54 | 54 | | 2.23Minnesota No-Fault Automobile Insurance Act; |
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| 55 | 55 | | 2.24 (5) to any person whose license has been revoked except upon furnishing proof of |
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| 56 | 56 | | 2.25financial responsibility in the same manner as provided in the Minnesota No-Fault |
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| 57 | 57 | | 2.26Automobile Insurance Act and if otherwise qualified; |
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| 58 | 58 | | 2.27 (6) to any drug-dependent person, as defined in section 254A.02, subdivision 5; |
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| 59 | 59 | | 2.28 (7) to any person who has been adjudged legally incompetent by reason of mental illness, |
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| 60 | 60 | | 2.29mental deficiency, or inebriation, and has not been restored to capacity, unless the department |
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| 61 | 61 | | 2.30is satisfied that the person is competent to operate a motor vehicle with safety to persons |
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| 62 | 62 | | 2.31or property; |
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| 63 | 63 | | 2.32 (8) to any person who is required by this chapter to take a vision, knowledge, or road |
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| 64 | 64 | | 2.33examination, unless the person has successfully passed the examination. An applicant who |
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| 65 | 65 | | 2Sec. 2. |
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| 66 | 66 | | REVISOR KRB/NS 25-0231501/29/25 3.1fails four road tests must complete a minimum of six hours of behind-the-wheel instruction |
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| 67 | 67 | | 3.2with an approved instructor before taking the road test again; |
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| 68 | 68 | | 3.3 (9) to any person who is required under the Minnesota No-Fault Automobile Insurance |
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| 69 | 69 | | 3.4Act to deposit proof of financial responsibility and who has not deposited the proof; |
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| 70 | 70 | | 3.5 (10) to any person when the commissioner has good cause to believe that the operation |
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| 71 | 71 | | 3.6of a motor vehicle on the highways by the person would be inimical to public safety or |
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| 72 | 72 | | 3.7welfare; |
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| 73 | 73 | | 3.8 (11) to any person when, in the opinion of the commissioner, the person is afflicted with |
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| 74 | 74 | | 3.9or suffering from a physical or mental disability or disease that will affect the person in a |
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| 75 | 75 | | 3.10manner as to prevent the person from exercising reasonable and ordinary control over a |
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| 76 | 76 | | 3.11motor vehicle while operating it upon the highways; |
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| 77 | 77 | | 3.12 (12) to a person who is unable to read and understand official signs regulating, warning, |
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| 78 | 78 | | 3.13and directing traffic; |
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| 79 | 79 | | 3.14 (13) to a child for whom a court has ordered denial of driving privileges under section |
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| 80 | 80 | | 3.15260C.201, subdivision 1, or 260B.235, subdivision 5, until the period of denial is completed; |
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| 81 | 81 | | 3.16or |
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| 82 | 82 | | 3.17 (14) to any person whose license has been canceled, during the period of cancellation.; |
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| 83 | 83 | | 3.18or |
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| 84 | 84 | | 3.19 (15) to any person who has not provided proof of lawful presence in the United States. |
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| 85 | 85 | | 3.20 Sec. 3. Minnesota Statutes 2024, section 171.06, subdivision 1, is amended to read: |
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| 86 | 86 | | 3.21 Subdivision 1.Application format and requirements.Every application for a Minnesota |
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| 87 | 87 | | 3.22identification card, including an enhanced identification card, or for a driver's license, |
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| 88 | 88 | | 3.23including an instruction permit, a provisional license, a noncompliant driver's license, a |
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| 89 | 89 | | 3.24REAL ID driver's license, and an enhanced driver's license, must be made in a format |
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| 90 | 90 | | 3.25approved by the department. Every application must be accompanied by payment of the |
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| 91 | 91 | | 3.26proper fee. All applicants must sign the application and declare, under penalty of perjury, |
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| 92 | 92 | | 3.27that the information and documentation presented in the application is true and correct. All |
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| 93 | 93 | | 3.28applications requiring require evidence of legal presence in the United States or United |
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| 94 | 94 | | 3.29States citizenship and must be signed in the presence of the person authorized to accept the |
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| 95 | 95 | | 3.30application, or the signature on the application may be verified by a notary public. |
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| 96 | 96 | | 3Sec. 3. |
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| 97 | 97 | | REVISOR KRB/NS 25-0231501/29/25 4.1 Sec. 4. Minnesota Statutes 2024, section 171.06, subdivision 3, is amended to read: |
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| 98 | 98 | | 4.2 Subd. 3.Contents of application; other information.(a) An application must: |
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| 99 | 99 | | 4.3 (1) state the full name, date of birth, sex, and either (i) the residence address of the |
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| 100 | 100 | | 4.4applicant, or (ii) designated address under section 5B.05; |
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| 101 | 101 | | 4.5 (2) include proof of lawful presence in the United States; |
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| 102 | 102 | | 4.6 (2) (3) contain a description of the applicant, including the applicant's height in feet and |
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| 103 | 103 | | 4.7inches, weight in pounds, eye color, and sex; the applicant's driving privileges; and the |
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| 104 | 104 | | 4.8applicant's ability to operate a motor vehicle with safety; |
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| 105 | 105 | | 4.9 (3) (4) state: |
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| 106 | 106 | | 4.10 (i) the applicant's Social Security number; or |
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| 107 | 107 | | 4.11 (ii) if the applicant does not have a Social Security number and is applying for a |
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| 108 | 108 | | 4.12Minnesota identification card, instruction permit, or class D provisional or driver's license, |
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| 109 | 109 | | 4.13that the applicant elects not to specify a Social Security number; |
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| 110 | 110 | | 4.14 (4) (5) contain a notification to the applicant of the availability of a living will/health |
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| 111 | 111 | | 4.15care directive designation on the license under section 171.07, subdivision 7; |
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| 112 | 112 | | 4.16 (5) (6) include a method for the applicant to: |
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| 113 | 113 | | 4.17 (i) request a veteran designation on the license under section 171.07, subdivision 15, |
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| 114 | 114 | | 4.18and the driving record under section 171.12, subdivision 5a; |
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| 115 | 115 | | 4.19 (ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e); |
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| 116 | 116 | | 4.20 (iii) as applicable, designate document retention as provided under section 171.12, |
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| 117 | 117 | | 4.21subdivision 3c; |
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| 118 | 118 | | 4.22 (iv) indicate emergency contacts as provided under section 171.12, subdivision 5b; |
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| 119 | 119 | | 4.23 (v) indicate the applicant's race and ethnicity; |
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| 120 | 120 | | 4.24 (vi) indicate caretaker information as provided under section 171.12, subdivision 5c; |
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| 121 | 121 | | 4.25and |
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| 122 | 122 | | 4.26 (vii) indicate a temporary mailing address separate from the applicant's residence address |
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| 123 | 123 | | 4.27listed on the identification card or license; and |
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| 124 | 124 | | 4.28 (6) (7) meet the requirements under section 201.161, subdivision 3. |
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| 125 | 125 | | 4.29 (b) Applications must be accompanied by satisfactory evidence demonstrating: |
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| 126 | 126 | | 4.30 (1) identity, date of birth, and any legal name change if applicable; and |
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| 127 | 127 | | 4Sec. 4. |
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| 128 | 128 | | REVISOR KRB/NS 25-0231501/29/25 5.1 (2) for drivers' licenses and Minnesota identification cards that meet all requirements of |
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| 129 | 129 | | 5.2the REAL ID Act: |
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| 130 | 130 | | 5.3 (i) principal residence address in Minnesota, including application for a change of address, |
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| 131 | 131 | | 5.4unless the applicant provides a designated address under section 5B.05; |
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| 132 | 132 | | 5.5 (ii) Social Security number, or related documentation as applicable; and |
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| 133 | 133 | | 5.6 (iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3. |
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| 134 | 134 | | 5.7 (c) An application for an enhanced driver's license or enhanced identification card must |
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| 135 | 135 | | 5.8be accompanied by: |
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| 136 | 136 | | 5.9 (1) satisfactory evidence demonstrating the applicant's full legal name and United States |
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| 137 | 137 | | 5.10citizenship; and |
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| 138 | 138 | | 5.11 (2) a photographic identity document. |
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| 139 | 139 | | 5.12 (d) An application form must not provide for identification of (1) the accompanying |
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| 140 | 140 | | 5.13documents used by an applicant to demonstrate identity, or (2) except as provided in |
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| 141 | 141 | | 5.14paragraphs (b) and (c),. The application form must provide for proof of the applicant's |
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| 142 | 142 | | 5.15citizenship, immigration status, or lawful presence in the United States., and the commissioner |
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| 143 | 143 | | 5.16and or a driver's license agent must not inquire about an applicant's citizenship, immigration |
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| 144 | 144 | | 5.17status, or lawful presence in the United States, except as provided in paragraphs (b) and (c). |
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| 145 | 145 | | 5.18 (e) A Minnesota driver's license or identification card must be issued only to an individual |
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| 146 | 146 | | 5.19who has a residence address in the state at the time of the application. Applications for an |
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| 147 | 147 | | 5.20enhanced driver's license or enhanced identification card must include proof of residency |
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| 148 | 148 | | 5.21in accordance with section 171.063, subdivision 6. An individual may only have one |
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| 149 | 149 | | 5.22residence address where the individual is domiciled at any particular time. The residence |
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| 150 | 150 | | 5.23address of the individual is presumed to continue until the contrary is shown. The applicant |
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| 151 | 151 | | 5.24must provide the following information about the residence address: residence number, |
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| 152 | 152 | | 5.25street name, street type, directional, city or town, state, and zip code. |
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| 153 | 153 | | 5.26 (f) If an applicant designates a temporary mailing address under paragraph (a), clause |
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| 154 | 154 | | 5.27(5), item (vii), the commissioner must use the temporary mailing address in lieu of the |
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| 155 | 155 | | 5.28applicant's residence address for delivery of the driver's license or identification card. The |
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| 156 | 156 | | 5.29commissioner must send all other correspondence to the applicant's residence address. |
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| 157 | 157 | | 5.30Nothing in this paragraph or paragraph (a), clause (5) (6), item (vii), may be construed to |
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| 158 | 158 | | 5.31modify or remove proof of residency requirements at the time of application for an initial |
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| 159 | 159 | | 5.32driver's permit, driver's license, or identification card. |
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| 160 | 160 | | 5Sec. 4. |
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| 161 | 161 | | REVISOR KRB/NS 25-0231501/29/25 6.1 Sec. 5. Minnesota Statutes 2024, section 171.06, subdivision 8, is amended to read: |
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| 162 | 162 | | 6.2 Subd. 8.Noncompliant license or identification card; residence, lawful status.(a) |
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| 163 | 163 | | 6.3A person who applies for a noncompliant driver's license or identification card: |
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| 164 | 164 | | 6.4 (1) must declare the applicant's residence address in Minnesota; and |
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| 165 | 165 | | 6.5 (2) is not required to demonstrate United States citizenship or lawful presence in the |
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| 166 | 166 | | 6.6United States. |
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| 167 | 167 | | 6.7 (b) Minnesota Rules, part 7410.0410, or any successor rule, does not apply for a |
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| 168 | 168 | | 6.8noncompliant driver's license or identification card. |
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| 169 | 169 | | 6.9 (c) Nothing in this section allows the commissioner to issue a commercial driver's license |
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| 170 | 170 | | 6.10to an applicant who does not demonstrate proof of citizenship or immigration status if |
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| 171 | 171 | | 6.11required by federal law lawful presence in the United States. |
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| 172 | 172 | | 6.12 Sec. 6. Minnesota Statutes 2024, section 171.07, subdivision 1, is amended to read: |
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| 173 | 173 | | 6.13 Subdivision 1.License; contents and design.(a) Upon the payment of the required fee, |
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| 174 | 174 | | 6.14the department shall issue to every qualifying applicant a license designating the type or |
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| 175 | 175 | | 6.15class of vehicles the applicant is authorized to drive as applied for. This license must bear: |
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| 176 | 176 | | 6.16(1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date |
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| 177 | 177 | | 6.17of birth; (3) either (i) the licensee's residence address, or (ii) the designated address under |
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| 178 | 178 | | 6.18section 5B.05; (4) a description of the licensee in a manner as the commissioner deems |
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| 179 | 179 | | 6.19necessary; (5) the usual signature of the licensee; and (6) designations and markings as |
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| 180 | 180 | | 6.20provided in this section. No license is valid unless it bears the usual signature of the licensee. |
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| 181 | 181 | | 6.21Every license must bear a colored photograph or an electronically produced image of the |
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| 182 | 182 | | 6.22licensee. |
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| 183 | 183 | | 6.23 (b) If the United States Postal Service will not deliver mail to the applicant's residence |
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| 184 | 184 | | 6.24address as listed on the license, then the applicant shall provide verification from the United |
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| 185 | 185 | | 6.25States Postal Service that mail will not be delivered to the applicant's residence address and |
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| 186 | 186 | | 6.26that mail will be delivered to a specified alternate mailing address. When an applicant |
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| 187 | 187 | | 6.27provides an alternate mailing address under this subdivision, the commissioner shall use |
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| 188 | 188 | | 6.28the alternate mailing address in lieu of the applicant's residence address for all notices and |
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| 189 | 189 | | 6.29mailings to the applicant. |
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| 190 | 190 | | 6.30 (c) Every license issued to an applicant under the age of 21 must be of a distinguishing |
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| 191 | 191 | | 6.31color and plainly marked "Under-21." |
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| 192 | 192 | | 6Sec. 6. |
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| 193 | 193 | | REVISOR KRB/NS 25-0231501/29/25 7.1 (d) A license issued to an applicant age 65 or over must be plainly marked "senior" if |
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| 194 | 194 | | 7.2requested by the applicant. |
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| 195 | 195 | | 7.3 (e) Except for a noncompliant license, a license must bear a distinguishing indicator for |
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| 196 | 196 | | 7.4compliance with requirements of the REAL ID Act. |
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| 197 | 197 | | 7.5 (f) A noncompliant license must: |
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| 198 | 198 | | 7.6 (1) be marked "not for federal identification" on the face and in the machine-readable |
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| 199 | 199 | | 7.7portion; and |
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| 200 | 200 | | 7.8 (2) have a unique design or color indicator for purposes of the REAL ID Act; and. |
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| 201 | 201 | | 7.9 (3) bear no indicator or design that relates to the lawful presence or the citizenship of |
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| 202 | 202 | | 7.10the license holder. |
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| 203 | 203 | | 7.11 (g) A REAL ID compliant license issued to a person with temporary lawful status or |
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| 204 | 204 | | 7.12admission period must be marked "temporary" on the face and in the machine-readable |
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| 205 | 205 | | 7.13portion. |
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| 206 | 206 | | 7.14 (h) A license must display the licensee's full name or no fewer than 39 characters of the |
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| 207 | 207 | | 7.15name. Any necessary truncation must begin with the last character of the middle name and |
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| 208 | 208 | | 7.16proceed through the second letter of the middle name, followed by the last character of the |
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| 209 | 209 | | 7.17first name and proceeding through the second letter of the first name. |
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| 210 | 210 | | 7.18 Sec. 7. Minnesota Statutes 2024, section 171.07, subdivision 3, is amended to read: |
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| 211 | 211 | | 7.19 Subd. 3.Identification card; content and design; fee.(a) Upon payment of the required |
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| 212 | 212 | | 7.20fee, the department shall issue to every qualifying applicant a Minnesota identification card. |
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| 213 | 213 | | 7.21The department may not issue a Minnesota identification card to an individual who has a |
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| 214 | 214 | | 7.22driver's license, other than a limited license. The department may not issue an enhanced |
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| 215 | 215 | | 7.23identification card to an individual who is under 16 years of age, not a resident of this state, |
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| 216 | 216 | | 7.24or not a citizen of the United States of America. The card must bear: (1) a distinguishing |
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| 217 | 217 | | 7.25number assigned to the applicant; (2) a colored photograph or an electronically produced |
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| 218 | 218 | | 7.26image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the |
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| 219 | 219 | | 7.27licensee's residence address, or (ii) the designated address under section 5B.05; (5) a |
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| 220 | 220 | | 7.28description of the applicant in the manner as the commissioner deems necessary; (6) the |
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| 221 | 221 | | 7.29usual signature of the applicant; and (7) designations and markings provided under this |
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| 222 | 222 | | 7.30section. |
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| 223 | 223 | | 7.31 (b) If the United States Postal Service will not deliver mail to the applicant's residence |
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| 224 | 224 | | 7.32address as listed on the Minnesota identification card, then the applicant shall provide |
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| 225 | 225 | | 7Sec. 7. |
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| 226 | 226 | | REVISOR KRB/NS 25-0231501/29/25 8.1verification from the United States Postal Service that mail will not be delivered to the |
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| 227 | 227 | | 8.2applicant's residence address and that mail will be delivered to a specified alternate mailing |
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| 228 | 228 | | 8.3address. When an applicant provides an alternate mailing address under this subdivision, |
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| 229 | 229 | | 8.4the commissioner shall use the alternate mailing address in lieu of the applicant's residence |
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| 230 | 230 | | 8.5address for all notices and mailings to the applicant. |
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| 231 | 231 | | 8.6 (c) Each identification card issued to an applicant under the age of 21 must be of a |
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| 232 | 232 | | 8.7distinguishing color and plainly marked "Under-21." |
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| 233 | 233 | | 8.8 (d) Each Minnesota identification card must be plainly marked "Minnesota identification |
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| 234 | 234 | | 8.9card - not a driver's license." |
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| 235 | 235 | | 8.10 (e) Except for a noncompliant identification card, a Minnesota identification card must |
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| 236 | 236 | | 8.11bear a distinguishing indicator for compliance with requirements of the REAL ID Act. |
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| 237 | 237 | | 8.12 (f) A noncompliant identification card must: |
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| 238 | 238 | | 8.13 (1) be marked "not for federal identification" on the face and in the machine-readable |
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| 239 | 239 | | 8.14portion; and |
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| 240 | 240 | | 8.15 (2) have a unique design or color indicator for purposes of the REAL ID Act; and. |
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| 241 | 241 | | 8.16 (3) bear no indicator or design that relates to the lawful presence or the citizenship of |
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| 242 | 242 | | 8.17the identification card holder. |
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| 243 | 243 | | 8.18 (g) A REAL ID compliant Minnesota identification card issued to a person with temporary |
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| 244 | 244 | | 8.19lawful status or admission period must be marked "temporary" on the face and in the |
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| 245 | 245 | | 8.20machine-readable portion. |
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| 246 | 246 | | 8.21 (h) A Minnesota identification card must display the cardholder's full name or no fewer |
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| 247 | 247 | | 8.22than 39 characters of the name. Any necessary truncation must begin with the last character |
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| 248 | 248 | | 8.23of the middle name and proceed through the second letter of the middle name, followed by |
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| 249 | 249 | | 8.24the last character of the first name and proceeding through the second letter of the first name. |
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| 250 | 250 | | 8.25 (i) The fee for a Minnesota identification card is 50 cents when issued to a person who |
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| 251 | 251 | | 8.26is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically |
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| 252 | 252 | | 8.27disabled person, as defined in section 169.345, subdivision 2; or, a person with mental |
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| 253 | 253 | | 8.28illness, as described in section 245.462, subdivision 20, paragraph (c). |
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| 254 | 254 | | 8.29 Sec. 8. Minnesota Statutes 2024, section 171.12, subdivision 7a, is amended to read: |
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| 255 | 255 | | 8.30 Subd. 7a.Disclosure of personal information.(a) Subject to subdivision 11, the |
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| 256 | 256 | | 8.31commissioner must disclose personal information where the use is related to the operation |
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| 257 | 257 | | 8.32of a motor vehicle or to public safety. The use of personal information is related to public |
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| 258 | 258 | | 8Sec. 8. |
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| 259 | 259 | | REVISOR KRB/NS 25-0231501/29/25 9.1safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, or |
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| 260 | 260 | | 9.2property. The commissioner may refuse to disclose data under this subdivision when the |
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| 261 | 261 | | 9.3commissioner concludes that the requester is likely to use the data for illegal, improper, or |
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| 262 | 262 | | 9.4noninvestigative purposes. |
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| 263 | 263 | | 9.5 (b) The commissioner must disclose personal information to the secretary of state for |
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| 264 | 264 | | 9.6the purpose of increasing voter registration and improving the accuracy of voter registration |
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| 265 | 265 | | 9.7records in the statewide voter registration system. The secretary of state may not retain data |
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| 266 | 266 | | 9.8provided by the commissioner under this subdivision for more than 60 days and may not |
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| 267 | 267 | | 9.9share or disseminate any data on individuals who have applied for or been issued a |
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| 268 | 268 | | 9.10noncompliant driver's license or identification card except for the purpose of administering |
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| 269 | 269 | | 9.11elections or as permitted in section 201.13, subdivision 3, paragraph (d). |
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| 270 | 270 | | 9.12 Sec. 9. Minnesota Statutes 2024, section 171.12, subdivision 11, is amended to read: |
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| 271 | 271 | | 9.13 Subd. 11.Certain data on noncompliant license or identification card; department |
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| 272 | 272 | | 9.14and agents.(a) For purposes of this section, "immigration status data" means data on |
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| 273 | 273 | | 9.15individuals who have applied for or been issued a noncompliant driver's license or |
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| 274 | 274 | | 9.16identification card and that indicate or otherwise have the effect of identifying (1) whether |
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| 275 | 275 | | 9.17the individual has demonstrated United States citizenship, or (2) whether the individual has |
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| 276 | 276 | | 9.18demonstrated lawful presence in the United States. Immigration status data include but are |
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| 277 | 277 | | 9.19not limited to any documents specified under section 171.062; immigration status data |
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| 278 | 278 | | 9.20contained in those documents; or the applicant's submission of the documents. |
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| 279 | 279 | | 9.21 (b) Immigration status data are classified as private data on individuals, as defined in |
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| 280 | 280 | | 9.22section 13.02, subdivision 12. Notwithstanding any law to the contrary, the commissioner |
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| 281 | 281 | | 9.23or a driver's license agent must not share or disseminate immigration status data except to |
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| 282 | 282 | | 9.24or within the division of the department that administers driver licensing and to the secretary |
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| 283 | 283 | | 9.25of state for purposes of improving the accuracy of voter registration records under subdivision |
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| 284 | 284 | | 9.267a. |
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| 285 | 285 | | 9.27 (c) As authorized or required by state or federal law, the commissioner or a driver's |
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| 286 | 286 | | 9.28license agent may share or disseminate data on individuals who have applied for or been |
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| 287 | 287 | | 9.29issued a noncompliant driver's license or identification card that are not immigration status |
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| 288 | 288 | | 9.30data to a government entity, as defined in section 13.02, subdivision 7a, or to a federal |
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| 289 | 289 | | 9.31government entity that does not enforce immigration law, provided that the receiving entity |
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| 290 | 290 | | 9.32must not use the data for civil immigration enforcement purposes or further disclose the |
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| 291 | 291 | | 9.33data to a state or federal government entity that primarily enforces immigration law or to |
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| 292 | 292 | | 9.34any employee or agent of any such government entity. |
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| 293 | 293 | | 9Sec. 9. |
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| 294 | 294 | | REVISOR KRB/NS 25-0231501/29/25 10.1 (d) Notwithstanding any law to the contrary, the commissioner or a driver's license agent |
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| 295 | 295 | | 10.2must not may share or disseminate any data on individuals who have applied for or been |
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| 296 | 296 | | 10.3issued a noncompliant driver's license or identification card to any federal government entity |
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| 297 | 297 | | 10.4that primarily enforces immigration law, except pursuant to a valid search warrant or court |
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| 298 | 298 | | 10.5order issued by a state or federal judge. |
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| 299 | 299 | | 10.6 (e) Violation of this subdivision by the commissioner, a driver's license agent, a |
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| 300 | 300 | | 10.7government entity, or an employee or agent thereof constitutes a violation of the Minnesota |
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| 301 | 301 | | 10.8Government Data Practices Act and may be subject to penalties and remedies applicable |
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| 302 | 302 | | 10.9under that chapter. |
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| 303 | 303 | | 10.10Sec. 10. Minnesota Statutes 2024, section 171.1205, is amended to read: |
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| 304 | 304 | | 10.11 171.1205 RESTRICTIONS ON USE. |
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| 305 | 305 | | 10.12 A state agency or a political subdivision must not use the possession of a noncompliant |
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| 306 | 306 | | 10.13driver's license or identification card as (1) evidence of a person's citizenship or lawful |
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| 307 | 307 | | 10.14presence in the United States, or (2) the primary basis for investigation, detention, or arrest. |
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| 308 | 308 | | 10.15Sec. 11. EFFECTIVE DATE. |
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| 309 | 309 | | 10.16 This act is effective October 1, 2025, for driver's license and Minnesota identification |
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| 310 | 310 | | 10.17card applications and issuance on or after that date. |
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| 311 | 311 | | 10Sec. 11. |
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| 312 | 312 | | REVISOR KRB/NS 25-0231501/29/25 |
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