Minnesota · House File · Ninety-Second Session
HF240
Minnesota H.F. No. 240 — Requiring use of facial recognition technology as part of the driver's license and Minnesota identification card application process

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
The bill places obligations on the Commissioner of Public Safety and law enforcement entities. No private right of action is created. Enforcement is through the administrative authority of the Commissioner and referral to law enforcement for criminal prosecution.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
The bill specifies no civil penalties, damages, or remedies. Identity match findings may result in referral for criminal prosecution.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Minn. Stat. § 171.0602
Fraud detection; facial recognition
Government

(a) 1 The commissioner must, for each driver's license or Minnesota identification card application or renewal, use facial recognition technology as a means to (1) ensure no individual is issued multiple licenses or identification cards, (2) prevent identification fraud, and (3) expedite application processing times.

(b) 2 When evaluating a driver's license or Minnesota identification card application under this section, the commissioner must incorporate facial recognition software that uses mathematical algorithms to identify features of the applicant's face and compare the features against the photographs, algorithms, and other data stored in (1) the Department of Public Safety's driver and identification card records, (2) relevant Federal Bureau of Investigation records, and (3) any other relevant databases or record systems that provide law enforcement or criminal history information.

(c) 3 If a possible identity match is identified by the facial recognition software under paragraph (b), the application and record must be reviewed by a department employee to determine whether the match is valid. If the department employee determines the match is valid, the commissioner (1) is prohibited from issuing a driver's license or Minnesota identification card to the applicant subject to the identity match until the match is invalidated, and (2) must refer the matter to an appropriate law enforcement entity.

(d) 4 Upon receipt of an identity match confirmed by the department under paragraph (c), the law enforcement entity receiving the referral must reevaluate the identity match to determine whether the match is valid. The law enforcement entity must notify the commissioner of the evaluation results under this paragraph. If the law enforcement entity determines the identity match is valid, it may refer the matter for criminal prosecution. The commissioner is prohibited from issuing a driver's license or Minnesota identification card to an applicant if the law enforcement entity determines the referred identity match is valid. The commissioner may issue a driver's license or Minnesota identification card to an applicant if the law enforcement entity determines the referred identity match is invalid, subject to the other requirements of this chapter.

Effective Date This section is effective January 1, 2023, and applies to driver's license and Minnesota identification card applications and renewals occurring on or after that date.

This section creates a new mandatory facial recognition program for the Minnesota Department of Public Safety. The Commissioner must use facial recognition technology on every driver's license and identification card application and renewal, comparing the applicant's facial features against state, federal, and law enforcement databases. The bill establishes a structured human-review process when the software identifies a possible identity match: a department employee must first confirm the match, after which the matter is referred to law enforcement for independent reevaluation. Issuance of a license or ID card is blocked while a confirmed match remains unresolved.

The obligations fall entirely on government actors — the Commissioner and law enforcement entities — rather than on private technology developers or deployers. The bill does not define the facial recognition software to be used or impose procurement standards, leaving implementation details to the Commissioner's discretion.

Compliance actions 4 items
1
The Commissioner of Public Safety must use facial recognition technology on every driver's license and Minnesota identification card application and renewal to prevent duplicate issuance, identification fraud, and to expedite processing.
PS-01.4
2
The Commissioner must incorporate facial recognition software that uses mathematical algorithms to compare applicant facial features against photographs and data in the Department of Public Safety's records, relevant FBI records, and any other relevant law enforcement or criminal history databases.
PS-01.4
3
The Commissioner must ensure that every possible identity match flagged by the facial recognition software is reviewed by a department employee before any adverse action is taken. If the employee confirms the match, the Commissioner must (1) withhold issuance of a license or ID card until the match is invalidated, and (2) refer the matter to an appropriate law enforcement entity.
H-01.6
4
Law enforcement must independently reevaluate every identity match confirmed by the department and notify the Commissioner of the result. The Commissioner is prohibited from issuing a license or ID card if law enforcement confirms the match, and may issue if law enforcement invalidates it.
H-01.6

Passage Likelihood

Failed
Status Failed
Final action Introduction and first reading, referred to Capital Investment

Legislative History

2025-02-10 Introduction and first reading, referred to Capital Investment

Entry Last Reviewed

2026-05-16
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