North Dakota lawmaker introduces bill to invalidate certain out-of-state driver's licenses

BISMARCK — Out-of-state visitors to North Dakota may have to remember their passport or other identification beyond their driver’s license to drive through the state under a proposed bill.

House Bill 1501

would make driver’s licenses from states that issue them without requiring proof of citizenship invalid in North Dakota without a secondary form of identification that proves citizenship such as a passport, birth certificate or certificate of naturalization. This means those with a driver’s license from 19 states that do not require proof of citizenship to issue licenses could be charged with driving without a license if pulled over in North Dakota.

The bill is not intended to be a primary offense, according to the bill’s primary sponsor Rep. Keith Kempenich, R- Bowman, meaning law enforcement could only cite someone if they were pulled over for a separate offense.

Kempenich said the bill is in response to issues brought up in the last presidential race, specifically media attention surrounding claims of immigrants’ actions in Springfield, Ohio. He said driving is a privilege reserved for citizens.

“Other states are basically just flaunting — flaunting the idea that this is a privilege to have this,” Kempenich said. “And some of these states think that this is a good idea to just let whoever, basically get a driver’s license out of a Cracker Jack box.”

Members of the House Transportation Committee raised concerns over the hassle this would cause law-abiding citizens who come from these 19 states. The legislators said it is not common to have a passport or other secondary piece of identification on someone at all times.

“I mean, these are documents you usually have, you know, stored away somewhere safe until you need to produce them,” said Rep. Dan Ruby, R-Minot. “So that’s my only concern, is that — what we would be doing to legitimate populations that are traveling to our state that now are going to be considered guilty until proven innocent.”

Kempenich said the bill is designed to cause complications to start a conversation around other states’ decisions not to require proof of citizenship for driver’s licenses. He said, “it wouldn’t impact any North Dakotan” or any driver from the 31 states that require proof of citizenship to issue driver’s licenses.

There were questions raised about the bill’s constitutionality, with legislators concerned that it may violate the Interstate Commerce Clause. Kempenich said the clause only refers to citizens but recognized that the bill may spark a conversation about how to interpret the clause.

Cody Schuler, a lobbyist with the American Civil Liberties Union, said the bill is constitutionally suspect under the Full Faith and Credit Clause of the Constitution, which requires states to recognize the legal documents and precedents from other states.

He also said that enforcement of the bill would be cumbersome, especially along the densely populated parts of the Minnesota border. Under this bill, some Minnesota driver’s licenses would be invalidated.

“This bill is troubling because (it) is blatantly anti-immigrant and does not seem to have any other purpose than to send a clear signal that immigrants are not welcome in North Dakota,” Schuler said in an email to the Tribune.

Ruby said he could not see voting for the bill as it currently stands, but would give Kempenich and the committee time to consider amendments that could make the bill viable.