Noncompliant driver's licenses displaying of immigration status requirement provision

A bill for an act

relating to transportation; requiring noncompliant driver's licenses to display

immigration status; amending Minnesota Statutes 2024, sections 171.06, subdivision

3; 171.07, subdivisions 1, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the

applicant, or (ii) designated address under section
5B.05
;

(2) contain a description of the applicant, including the applicant's height in feet and

inches, weight in pounds, eye color, and sex; the applicant's driving privileges; and the

applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a

Minnesota identification card, instruction permit, or class D provisional or driver's license,

that the applicant elects not to specify a Social Security number;

(4) contain a notification to the applicant of the availability of a living will/health care

directive designation on the license under section
171.07, subdivision 7
;

(5) include a method for the applicant to:

(i) request a veteran designation on the license under section
171.07, subdivision 15
,

and the driving record under section
171.12
, subdivision 5a;

(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);

(iii) as applicable, designate document retention as provided under section
171.12
,

subdivision 3c;

(iv) indicate emergency contacts as provided under section
171.12, subdivision 5b
;

(v) indicate the applicant's race and ethnicity;

(vi) indicate caretaker information as provided under section
171.12, subdivision 5c
;

and

(vii) indicate a temporary mailing address separate from the applicant's residence address

listed on the identification card or license; and

(6) meet the requirements under section 201.161, subdivision 3.

(b) Applications must be accompanied by satisfactory evidence demonstrating:

(1) identity, date of birth, and any legal name change if applicable; and

(2) for drivers' licenses and Minnesota identification cards that meet all requirements of

the REAL ID Act:

(i) principal residence address in Minnesota, including application for a change of address,

unless the applicant provides a designated address under section
5B.05
;

(ii) Social Security number, or related documentation as applicable; and

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

(c) An application for an enhanced driver's license or enhanced identification card must

be accompanied by:

(1) satisfactory evidence demonstrating the applicant's full legal name and United States

citizenship; and

(2) a photographic identity document.

(d) An application form must
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not
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provide for identification of (1) the accompanying

documents used by an applicant to demonstrate identity,
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or
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and
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(2)
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except as provided in

paragraphs (b) and (c),
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the applicant's citizenship, immigration status, or lawful presence

in the United States.
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The commissioner and a driver's license agent must not inquire about

an applicant's citizenship, immigration status, or lawful presence in the United States, except

as provided in paragraphs (b) and (c).
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(e) A Minnesota driver's license or identification card must be issued only to an individual

who has a residence address in the state at the time of the application. Applications for an

enhanced driver's license or enhanced identification card must include proof of residency

in accordance with section
171.063, subdivision 6
. An individual may only have one

residence address where the individual is domiciled at any particular time. The residence

address of the individual is presumed to continue until the contrary is shown. The applicant

must provide the following information about the residence address: residence number,

street name, street type, directional, city or town, state, and zip code.

(f) If an applicant designates a temporary mailing address under paragraph (a), clause

(5), item (vii), the commissioner must use the temporary mailing address in lieu of the

applicant's residence address for delivery of the driver's license or identification card. The

commissioner must send all other correspondence to the applicant's residence address.

Nothing in this paragraph or paragraph (a), clause (5), item (vii), may be construed to modify

or remove proof of residency requirements at the time of application for an initial driver's

permit, driver's license, or identification card.

Sec. 2.

Minnesota Statutes 2024, section 171.07, subdivision 1, is amended to read:

Subdivision 1.

License; contents and design.

(a) Upon the payment of the required fee,

the department shall issue to every qualifying applicant a license designating the type or

class of vehicles the applicant is authorized to drive as applied for. This license must bear:

(1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date

of birth; (3) either (i) the licensee's residence address, or (ii) the designated address under

section
5B.05
; (4) a description of the licensee in a manner as the commissioner deems

necessary; (5) the usual signature of the licensee; and (6) designations and markings as

provided in this section. No license is valid unless it bears the usual signature of the licensee.

Every license must bear a colored photograph or an electronically produced image of the

licensee.

(b) If the United States Postal Service will not deliver mail to the applicant's residence

address as listed on the license, then the applicant shall provide verification from the United

States Postal Service that mail will not be delivered to the applicant's residence address and

that mail will be delivered to a specified alternate mailing address. When an applicant

provides an alternate mailing address under this subdivision, the commissioner shall use

the alternate mailing address in lieu of the applicant's residence address for all notices and

mailings to the applicant.

(c) Every license issued to an applicant under the age of 21 must be of a distinguishing

color and plainly marked "Under-21."

(d) A license issued to an applicant age 65 or over must be plainly marked "senior" if

requested by the applicant.

(e) Except for a noncompliant license, a license must bear a distinguishing indicator for

compliance with requirements of the REAL ID Act.

(f) A noncompliant license must:

(1) be marked "not for federal identification" on the face and in the machine-readable

portion;

(2) have a unique design or color indicator for purposes of the REAL ID Act;
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and
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(3)
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bear no indicator or design that relates to the lawful presence or the citizenship of

the license holder.
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be marked "citizen" on the face and in the machine-readable portion if

the applicant presented proof of United States citizenship in the application;
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(4) be marked "legal resident" on the face and in the machine-readable portion if the

applicant presented proof of permanent lawful presence in the United States in the

application; and

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(5) be marked "temporary status" on the face and in the machine-readable portion if the

applicant presented proof of temporary lawful status or admission period in the application.

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(g) A REAL ID compliant license issued to a person with temporary lawful status or

admission period must be marked "temporary" on the face and in the machine-readable

portion.

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(h) A REAL ID compliant license issued to a person who is a United States citizen must

be marked "U.S. Citizen" on the face and in the machine-readable portion.

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(h)
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(i)
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A license must display the licensee's full name or no fewer than 39 characters of

the name. Any necessary truncation must begin with the last character of the middle name

and proceed through the second letter of the middle name, followed by the last character of

the first name and proceeding through the second letter of the first name.

Sec. 3.

Minnesota Statutes 2024, section 171.07, subdivision 3, is amended to read:

Subd. 3.

Identification card; content and design; fee.

(a) Upon payment of the required

fee, the department shall issue to every qualifying applicant a Minnesota identification card.

The department may not issue a Minnesota identification card to an individual who has a

driver's license, other than a limited license. The department may not issue an enhanced

identification card to an individual who is under 16 years of age, not a resident of this state,

or not a citizen of the United States of America. The card must bear: (1) a distinguishing

number assigned to the applicant; (2) a colored photograph or an electronically produced

image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the

licensee's residence address, or (ii) the designated address under section
5B.05
; (5) a

description of the applicant in the manner as the commissioner deems necessary; (6) the

usual signature of the applicant; and (7) designations and markings provided under this

section.

(b) If the United States Postal Service will not deliver mail to the applicant's residence

address as listed on the Minnesota identification card, then the applicant shall provide

verification from the United States Postal Service that mail will not be delivered to the

applicant's residence address and that mail will be delivered to a specified alternate mailing

address. When an applicant provides an alternate mailing address under this subdivision,

the commissioner shall use the alternate mailing address in lieu of the applicant's residence

address for all notices and mailings to the applicant.

(c) Each identification card issued to an applicant under the age of 21 must be of a

distinguishing color and plainly marked "Under-21."

(d) Each Minnesota identification card must be plainly marked "Minnesota identification

card - not a driver's license."

(e) Except for a noncompliant identification card, a Minnesota identification card must

bear a distinguishing indicator for compliance with requirements of the REAL ID Act.

(f) A noncompliant identification card must:

(1) be marked "not for federal identification" on the face and in the machine-readable

portion;

(2) have a unique design or color indicator for purposes of the REAL ID Act;
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and
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(3)
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bear no indicator or design that relates to the lawful presence or the citizenship of

the identification card holder.
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be marked "citizen" on the face and in the machine-readable

portion if the applicant presented proof of United States citizenship in the application;
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(4) be marked "legal resident" on the face and in the machine-readable portion if the

applicant presented proof of permanent lawful presence in the United States in the

application; and

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(5) be marked "temporary status" on the face and in the machine-readable portion if the

applicant presented proof of temporary lawful status or admission period in the application.

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(g) A REAL ID compliant Minnesota identification card issued to a person with temporary

lawful status or admission period must be marked "temporary" on the face and in the

machine-readable portion.

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(h) A REAL ID compliant license issued to a person who is a United States citizen must

be marked "U.S. Citizen" on the face and in the machine-readable portion.

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(h)
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(i)
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A Minnesota identification card must display the cardholder's full name or no

fewer than 39 characters of the name. Any necessary truncation must begin with the last

character of the middle name and proceed through the second letter of the middle name,

followed by the last character of the first name and proceeding through the second letter of

the first name.

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(i)
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(j)
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The fee for a Minnesota identification card is 50 cents when issued to a person

who is developmentally disabled, as defined in section
252A.02, subdivision 2
; a physically

disabled person, as defined in section
169.345, subdivision 2
; or, a person with mental

illness, as described in section
245.462, subdivision 20
, paragraph (c).