SF 3589

1st Unofficial Engrossment - 89th Legislature (2015 - 2016)

Posted on 05/17/2016 04:45 p.m.

1.1A bill for an act 1.2relating to transportation; authorizing and governing implementation of 1.3requirements of the federal REAL ID Act; amending certain requirements 1.4governing driver's licenses and Minnesota identification cards; amending certain 1.5fees; requiring legislative reporting; requiring rulemaking; appropriating money; 1.6amending Minnesota Statutes 2014, sections 171.01, by adding subdivisions; 1.7171.017; 171.04, by adding a subdivision; 171.06, subdivisions 1, 3, by adding a 1.8subdivision; 171.07, subdivisions 1, 3, 4, 9a, by adding a subdivision; 171.071, 1.9subdivision 3; 171.072; 171.12, by adding subdivisions; 171.27; proposing 1.10coding for new law in Minnesota Statutes, chapter 171; repealing Laws 2009, 1.11chapter 92, section 1, as amended. 1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.13    Section 1. Minnesota Statutes 2014, section 171.01, is amended by adding a 1.14subdivision to read: 1.15     new text begin Subd. 41a. new text end new text begin Noncompliant license; noncompliant identification card. new text end 1.16 new text begin "Noncompliant license," "noncompliant identification card," or "noncompliant license or new text end 1.17 new text begin identification card," means a driver's license or Minnesota identification card issued under new text end 1.18 new text begin section 171.019, subdivision 2, clause (2). new text end 1.19    Sec. 2. Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision 1.20to read: 1.21     new text begin Subd. 45b. new text end new text begin REAL ID Act. new text end new text begin "REAL ID Act" means the REAL ID Act of 2005, new text end 1.22 new text begin Public Law 109-13, Division B. new text end 1.23    Sec. 3. Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision 1.24to read: 2.1     new text begin Subd. 48b. new text end new text begin Temporary lawful status. new text end new text begin "Temporary lawful status" has the meaning new text end 2.2 new text begin given in Code of Federal Regulations, title 6, section 37.3. new text end 2.3    Sec. 4. Minnesota Statutes 2014, section 171.017, is amended to read: 2.4171.017 BACKGROUND INVESTIGATIONS; DEPARTMENT new text begin DRIVER'S new text end 2.5 new text begin LICENSE AGENTS AND CERTAIN new text end EMPLOYEES. 2.6    Subdivision 1. Background checks authorized. The commissioner shall new text begin must new text end 2.7investigate the criminal history background of new text begin any driver's license agent and new text end any current 2.8or prospective employees of the department new text begin or driver's license agent new text end being considered for 2.9any position with the department that has or will have new text begin the ability to new text end : 2.10(1) the ability to create or modify records of applicants for new text begin identification cards and new text end 2.11 new text begin driver's licenses, including new text end enhanced drivers' licenses under section 171.01, subdivision 2.1231a , or new text begin and new text end enhanced identification cards under section 171.01, subdivision 31b; 2.13(2) the ability to issue enhanced drivers' licenses under section 171.01, subdivision 2.1431a, or enhanced identification cards under section 171.01, subdivision 31b; or 2.15(3) the ability to administer knowledge or skills tests under section 171.13 to an 2.16applicant for a commercial driver's license. 2.17    Subd. 2. Procedure. (a) The commissioner must request a criminal history 2.18background check from the superintendent of the Bureau of Criminal Apprehension on all 2.19individuals specified in subdivision 1. A request under this section must be accompanied 2.20by an executed criminal history consent form, including fingerprints, signed by the new text begin agent new text end 2.21 new text begin or the new text end current or prospective employee being investigated. 2.22(b) After receiving a request under paragraph (a), the superintendent of the Bureau 2.23of Criminal Apprehension shall perform the background check required under subdivision 2.241. The superintendent shall retrieve criminal history data as defined in section 13.87, 2.25conduct a search of the national criminal records repository, and provide wants and 2.26warrant information from federal and state repositories. The superintendent is authorized 2.27to exchange fingerprints with the Federal Bureau of Investigation for purposes of the 2.28criminal history check. The superintendent shall return the results of the background 2.29checks to the commissioner to determine whether: 2.30(1) the new text begin agent, new text end employee new text begin , new text end or applicant for employment specified in subdivision 1, 2.31clause (1) or (2), has committed a disqualifying crime under Code of Federal Regulations, 2.32title 49, section 1572.103; or 2.33(2) the employee or applicant for employment specified in subdivision 1, clause (3), 2.34has a conviction of the type specified by Code of Federal Regulations, title 49, section 2.35384.228(j). 3.1(c) The superintendent shall recover the cost to the bureau of a background check 3.2through a fee charged to the commissioner new text begin or the driver's license agent, as appropriate, new text end 3.3 new text begin for the person on whom a background check is performed new text end . 3.4    Subd. 3. Notification by other criminal justice agencies. Criminal justice 3.5agencies, as defined by section 13.02, subdivision 3a, shall provide the commissioner 3.6with information they possess and that the commissioner requires for the purposes of 3.7determining the employment suitability of current or prospective employees subject to 3.8this section. 3.9    Subd. 4. Annual background checks in certain instances. Consistent with Code 3.10of Federal Regulations, title 49, section 384.228, the commissioner shall request and the 3.11superintendent shall conduct annual background checks for the department employees 3.12specified in subdivision 1, clause (3). Annual background checks under this subdivision 3.13shall new text begin must new text end be performed in a manner consistent with subdivisions 2 and 3. 3.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2017. new text end 3.15    Sec. 5. new text begin [171.019] REAL ID ACT CONFORMITY; LIMITATIONS. new text end 3.16     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For purposes of this section, "federal change" means new text end 3.17 new text begin an appreciable modification or addition to REAL ID Act requirements, made after the new text end 3.18 new text begin effective date of this act, with respect to: legal requirements; processes; policies and new text end 3.19 new text begin procedures; or data collection, storage, and dissemination. Federal change includes but new text end 3.20 new text begin is not limited to a modification: new text end 3.21 new text begin (1) in what constitutes an official purpose under Code of Federal Regulations, title new text end 3.22 new text begin 6, part 37; new text end 3.23 new text begin (2) in the machine-readable technology standards for a license or Minnesota new text end 3.24 new text begin identification card; new text end 3.25 new text begin (3) in the information provided on the face of the license or Minnesota identification new text end 3.26 new text begin card; new text end 3.27 new text begin (4) that relates to dissemination of state-provided data to or among federal agencies, new text end 3.28 new text begin other states, organizations operating under agreement among the states, or private entities; new text end 3.29 new text begin and new text end 3.30 new text begin (5) that imposes an identifiable cost for the state of Minnesota. new text end 3.31     new text begin Subd. 2. new text end new text begin License and Minnesota identification card options. new text end new text begin The commissioner new text end 3.32 new text begin must: new text end 3.33 new text begin (1) except as provided in clauses (2) and (3), meet the requirements of the REAL ID new text end 3.34 new text begin Act for licenses and identification cards under this chapter, including but not limited to new text end 4.1 new text begin documentation requirements, administrative processes, electronic validation or verification new text end 4.2 new text begin of data, and card design and marking; new text end 4.3 new text begin (2) establish a license and Minnesota identification card that does not meet all new text end 4.4 new text begin requirements of the REAL ID Act, as provided in this chapter, including but not limited to new text end 4.5 new text begin section 171.12, subdivision 7b; and new text end 4.6 new text begin (3) establish an enhanced driver's license or enhanced identification card, as new text end 4.7 new text begin provided in this chapter. new text end 4.8     new text begin Subd. 3. new text end new text begin Limitations. new text end new text begin Compliance under subdivision 2, clause (1), is limited to new text end 4.9 new text begin those requirements of the REAL ID Act in effect as of the effective date of this act. new text end 4.10 new text begin The commissioner may not take any action to implement or meet the requirements of a new text end 4.11 new text begin federal change. new text end 4.12     new text begin Subd. 4. new text end new text begin Legislative notification. new text end new text begin (a) Upon identification of an impending or new text end 4.13 new text begin completed federal change, the commissioner must notify the chairs and ranking minority new text end 4.14 new text begin members of the legislative committees having jurisdiction over transportation policy new text end 4.15 new text begin and finance, public safety, and data practices, and the Legislative Commission on Data new text end 4.16 new text begin Practices and Personal Data Privacy. Notification must be submitted as required under new text end 4.17 new text begin section 3.195, except that printed copies are not required. new text end 4.18 new text begin (b) Notification under this subdivision must include a review of the federal new text end 4.19 new text begin change, an initial analysis of data practices impacts, and any preliminary estimates of new text end 4.20 new text begin implementation costs, including the availability of additional federal funds. new text end 4.21     new text begin Subd. 5. new text end new text begin Statutory construction. new text end new text begin (a) Unless specifically provided otherwise, a new text end 4.22 new text begin driver's license, instruction permit, or provisional license includes any noncompliant new text end 4.23 new text begin license. Unless specifically provided otherwise, a Minnesota identification card includes new text end 4.24 new text begin any noncompliant identification card. new text end 4.25 new text begin (b) A noncompliant license does not include an enhanced driver's license, and a new text end 4.26 new text begin noncompliant identification card does not include an enhanced identification card. new text end 4.27    Sec. 6. Minnesota Statutes 2014, section 171.04, is amended by adding a subdivision 4.28to read: 4.29     new text begin Subd. 5. new text end new text begin Temporary lawful admission. new text end new text begin The commissioner must not issue a driver's new text end 4.30 new text begin license or Minnesota identification card to an applicant whose lawful temporary admission new text end 4.31 new text begin period, as demonstrated under section 171.06, subdivision 3, paragraph (b), expires within new text end 4.32 new text begin 30 days of the date of the application. new text end 4.33    Sec. 7. Minnesota Statutes 2014, section 171.06, subdivision 1, is amended to read: 5.1    Subdivision 1. Forms of Application new text begin format and requirements new text end . new text begin (a) new text end Every 5.2application for a Minnesota identification card, for new text begin including new text end an enhanced identification 5.3card, new text begin or for a driver's license including new text end for an instruction permit, for a provisional license, 5.4for a driver's license, or for new text begin and new text end an enhanced driver's license new text begin , new text end must be made in a format 5.5approved by the department, and new text begin . new text end Every application must be accompanied by new text begin payment new text end 5.6 new text begin of new text end the proper fee. All first-time applications and change-of-status applications must be 5.7signed in the presence of the person authorized to accept the application, or the signature 5.8on the application may be verified by a notary public. All applications requiring evidence 5.9of legal presence in the United States or United States citizenship 5.10 new text begin (b) All applicants must sign the application and declare, under penalty of perjury, new text end 5.11 new text begin that the information presented in the application is true and correct. The application new text end 5.12must be signed in the presence of the person authorized to accept the application, or the 5.13signature on the application may be verified by a notary public. 5.14    Sec. 8. Minnesota Statutes 2014, section 171.06, subdivision 3, is amended to read: 5.15    Subd. 3. Contents of application; other information. (a) An application must: 5.16    (1) state the full name, date of birth, sex, and either (i) the residence address of the 5.17applicant, or (ii) designated address under section 5B.05; 5.18    (2) as may be required by the commissioner, contain a description of the applicant 5.19and any other facts pertaining to the applicant, the applicant's driving privileges, and the 5.20applicant's ability to operate a motor vehicle with safety; 5.21    (3) state: 5.22    (i) the applicant's Social Security number; or 5.23    (ii) if the applicant does not have a Social Security number and is applying for a 5.24Minnesota identification card, instruction permit, or class D provisional or driver's license, 5.25that the applicant certifies new text begin verifies new text end that the applicant does not have new text begin is not eligible for new text end a 5.26Social Security number; 5.27    (4) in the case of an application for an enhanced driver's license or enhanced 5.28identification card, present: 5.29(i) proof satisfactory to the commissioner of the applicant's full legal name, United 5.30States citizenship, identity, date of birth, Social Security number, and residence address; and 5.31(ii) a photographic identity document; 5.32(5) contain a space where the applicant may indicate a desire to make an anatomical 5.33gift according to paragraph (b); 5.34    (6) new text begin (4) new text end contain a notification to the applicant of the availability of a living will/health 5.35care directive designation on the license under section 171.07, subdivision 7; and 6.1(7) new text begin (5) new text end contain a space new text begin spaces new text end where the applicant may new text begin : new text end 6.2 new text begin (i) new text end request a veteran designation on the license under section 171.07, subdivision 15, 6.3and the driving record under section 171.12, subdivision 5a new text begin ; new text end 6.4 new text begin (ii) indicate a desire to make an anatomical gift under paragraph (d); and new text end 6.5 new text begin (iii) as applicable, designate document retention as provided under section 171.12, new text end 6.6 new text begin subdivision 3c new text end . 6.7     new text begin (b) All applications must be accompanied by satisfactory evidence demonstrating new text end 6.8 new text begin the applicant's: new text end 6.9 new text begin (1) identity, date of birth, and Social Security number, or related documentation new text end 6.10 new text begin as applicable; new text end 6.11 new text begin (2) principal residence address in Minnesota, including application for a renewal new text end 6.12 new text begin or change of address, unless the applicant provides a designated address under section new text end 6.13 new text begin 5B.05; and new text end 6.14 new text begin (3) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3. new text end 6.15 new text begin (c) An application for an enhanced driver's license or enhanced identification card new text end 6.16 new text begin must be accompanied by: new text end 6.17 new text begin (1) satisfactory evidence demonstrating the applicant's full legal name and United new text end 6.18 new text begin States citizenship; and new text end 6.19 new text begin (2) a photographic identity document. new text end 6.20    (b) new text begin (d) new text end If the applicant does not indicate a desire to make an anatomical gift when 6.21the application is made, the applicant must be offered a donor document in accordance 6.22with section 171.07, subdivision 5. The application must contain statements sufficient to 6.23comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift 6.24Act, chapter 525A, so that execution of the application or donor document will make 6.25the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a 6.26desire to make an anatomical gift. The application must be accompanied by information 6.27describing Minnesota laws regarding anatomical gifts and the need for and benefits of 6.28anatomical gifts, and the legal implications of making an anatomical gift, including the 6.29law governing revocation of anatomical gifts. The commissioner shall distribute a notice 6.30that must accompany all applications for and renewals of a driver's license or Minnesota 6.31identification card. The notice must be prepared in conjunction with a Minnesota organ 6.32procurement organization that is certified by the federal Department of Health and Human 6.33Services and must include: 6.34    (1) a statement that provides a fair and reasonable description of the organ donation 6.35process, the care of the donor body after death, and the importance of informing family 6.36members of the donation decision; and 7.1    (2) a telephone number in a certified Minnesota organ procurement organization that 7.2may be called with respect to questions regarding anatomical gifts. 7.3    (c) new text begin (e) new text end The application must be accompanied also by information containing relevant 7.4facts relating to: 7.5    (1) the effect of alcohol on driving ability; 7.6    (2) the effect of mixing alcohol with drugs; 7.7    (3) the laws of Minnesota relating to operation of a motor vehicle while under the 7.8influence of alcohol or a controlled substance; and 7.9    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 7.10for alcohol-related violations. 7.11    Sec. 9. Minnesota Statutes 2014, section 171.06, is amended by adding a subdivision 7.12to read: 7.13     new text begin Subd. 3b. new text end new text begin Information for applicants. new text end new text begin (a) The commissioner must develop new text end 7.14 new text begin summary information on identity document options and must ensure distribution of the new text end 7.15 new text begin information to all driver's license and Minnesota identification card applicants. new text end 7.16 new text begin (b) The summary information must include the following information, expressed in new text end 7.17 new text begin a clear and concise manner: new text end 7.18 new text begin (1) a listing of each available type of driver's license and Minnesota identification new text end 7.19 new text begin card, including a noncompliant license or identification card, an enhanced driver's license, new text end 7.20 new text begin and an enhanced identification card; new text end 7.21 new text begin (2) the official purposes of and limitations on use for each type of driver's license new text end 7.22 new text begin and Minnesota identification card; new text end 7.23 new text begin (3) an overview of data shared outside the state, including through electronic new text end 7.24 new text begin validation or verification systems, as part of application and issuance of each type; and new text end 7.25 new text begin (4) a statement notifying applicants that a driver's license or Minnesota identification new text end 7.26 new text begin card that meets the requirements of the REAL ID Act is not mandatory. new text end 7.27 new text begin (c) An applicant for a noncompliant license or identification card must sign an new text end 7.28 new text begin acknowledgment of understanding of the limitations on its use. new text end 7.29    Sec. 10. new text begin [171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE. new text end 7.30     new text begin Subdivision 1. new text end new text begin Scope and application. new text end new text begin This section only applies for application and new text end 7.31 new text begin issuance of driver's licenses and Minnesota identification cards that meet the requirements new text end 7.32 new text begin of the REAL ID Act. Except as otherwise provided under this section, the requirements of new text end 7.33 new text begin Minnesota Rules, chapter 7410, or successor rules, apply. new text end 8.1     new text begin Subd. 2. new text end new text begin Evidence; identity; date of birth. new text end new text begin (a) Only the following is satisfactory new text end 8.2 new text begin evidence under section 171.06, subdivision 3, paragraph (b), of an applicant's identity and new text end 8.3 new text begin date of birth: new text end 8.4 new text begin (1) a driver's license or identification card that (i) complies with the requirements of new text end 8.5 new text begin the REAL ID Act, (ii) is not designated as temporary or limited term, and (iii) is current new text end 8.6 new text begin or has been expired for five years or less; new text end 8.7 new text begin (2) a valid, unexpired United States passport issued by the United States Department new text end 8.8 new text begin of State; new text end 8.9 new text begin (3) a certified copy of a birth certificate issued by a government bureau of vital new text end 8.10 new text begin statistics or equivalent agency in the applicant's state of birth, which must bear the raised new text end 8.11 new text begin or authorized seal of the issuing government entity; new text end 8.12 new text begin (4) a consular report of birth abroad, certification of report of birth, or certification of new text end 8.13 new text begin birth abroad, issued by the United States Department of State, Form FS-240, DS-1350, new text end 8.14 new text begin or FS-545; new text end 8.15 new text begin (5) a valid, unexpired permanent resident card issued by the United States new text end 8.16 new text begin Department of Homeland Security or the former Immigration and Naturalization Service new text end 8.17 new text begin of the United States Department of Justice, Form I-551; new text end 8.18 new text begin (6) a certificate of naturalization issued by the United States Department of new text end 8.19 new text begin Homeland Security, Form N-550 or Form N-570; new text end 8.20 new text begin (7) a certificate of citizenship issued by the United States Department of Homeland new text end 8.21 new text begin Security, Form N-560 or Form N-56; new text end 8.22 new text begin (8) an unexpired employment authorization document issued by the United States new text end 8.23 new text begin Department of Homeland Security, Form I-766 or Form I-688B; new text end 8.24 new text begin (9) an unexpired passport that is not issued by a state and a valid, unexpired new text end 8.25 new text begin United States visa accompanied by documentation of the applicant's most recent lawful new text end 8.26 new text begin admittance into the United States; or new text end 8.27 new text begin (10) a document as designated by the United States Department of Homeland new text end 8.28 new text begin Security under Code of Federal Regulations, title 6, part 37.11(c)(1)(x). new text end 8.29 new text begin (b) A document under paragraph (a) must be legible and unaltered. new text end 8.30 new text begin (c) A primary or secondary document under Minnesota Rules, part 7410.0400, is not new text end 8.31 new text begin satisfactory evidence unless provided under paragraph (a). new text end 8.32     new text begin Subd. 3. new text end new text begin Evidence; lawful status. new text end new text begin Only a form of documentation identified under new text end 8.33 new text begin subdivision 2 is satisfactory evidence under section 171.06, subdivision 3, paragraph new text end 8.34 new text begin (b), of an applicant's lawful status. new text end 9.1     new text begin Subd. 4. new text end new text begin Evidence; Social Security number. new text end new text begin The following is satisfactory evidence new text end 9.2 new text begin under section 171.06, subdivision 3, paragraph (b), of an applicant's Social Security new text end 9.3 new text begin number or related documentation: new text end 9.4 new text begin (1) a Social Security card; new text end 9.5 new text begin (2) if a Social Security card is not available: new text end 9.6 new text begin (i) a federal Form W-2; new text end 9.7 new text begin (ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's new text end 9.8 new text begin Social Security number; or new text end 9.9 new text begin (iii) a computer-printed United States employment pay stub with the applicant's new text end 9.10 new text begin name, address, and Social Security number; or new text end 9.11 new text begin (3) for an applicant who provides a passport under subdivision 2, paragraph (a), new text end 9.12 new text begin clause (9), documentation demonstrating nonwork authorized status. new text end 9.13     new text begin Subd. 5. new text end new text begin Evidence; residence in Minnesota. new text end new text begin Two forms of documentation from new text end 9.14 new text begin among the following are satisfactory evidence under section 171.06, subdivision 3, new text end 9.15 new text begin paragraph (b), of an applicant's principal residence address in Minnesota: new text end 9.16 new text begin (1) a home utility services bill issued no more than 90 days before the application, new text end 9.17 new text begin provided that the commissioner must not accept a United States home utility bill if two new text end 9.18 new text begin unrelated people are listed on the bill; new text end 9.19 new text begin (2) a home utility services hook-up work order issued no more than 90 days before new text end 9.20 new text begin the application, provided that the commissioner must not accept a home utility services new text end 9.21 new text begin hook-up work order if two unrelated people are listed on the work order; new text end 9.22 new text begin (3) United States financial information issued no more than 90 days before the new text end 9.23 new text begin application, with account numbers redacted, including: new text end 9.24 new text begin (i) a bank account statement; new text end 9.25 new text begin (ii) a canceled check; or new text end 9.26 new text begin (iii) a credit card statement; new text end 9.27 new text begin (4) a United States high school identification card with a certified transcript from the new text end 9.28 new text begin school, if issued no more than 180 days before the application; new text end 9.29 new text begin (5) a Minnesota college or university identification card with a certified transcript new text end 9.30 new text begin from the college or university, if issued no more than 180 days before the application; new text end 9.31 new text begin (6) an employment pay stub issued no more than 90 days before the application that new text end 9.32 new text begin lists the employer's name, address, and telephone number; new text end 9.33 new text begin (7) a Minnesota unemployment insurance benefit statement issued no more than new text end 9.34 new text begin 90 days before the application; new text end 9.35 new text begin (8) an assisted living or nursing home statement issued no more than 90 days before new text end 9.36 new text begin the application; new text end 10.1 new text begin (9) a life, health, automobile, homeowner's, or renter's insurance policy issued new text end 10.2 new text begin no more than 90 days before the application, provided that the commissioner must not new text end 10.3 new text begin accept a proof of insurance card; new text end 10.4 new text begin (10) a federal or state income tax return or statement for the most recent tax filing year; new text end 10.5 new text begin (11) a Minnesota property tax statement for the current year that shows the new text end 10.6 new text begin applicant's principal residential address both on the mailing portion and the portion stating new text end 10.7 new text begin what property is being taxed; new text end 10.8 new text begin (12) a Minnesota vehicle certificate of title, if issued no more than 12 months before new text end 10.9 new text begin the application; new text end 10.10 new text begin (13) a filed property deed or title for current residence, if issued no more than 12 new text end 10.11 new text begin months before the application; new text end 10.12 new text begin (14) a Supplemental Security Income award statement issued no more than 12 new text end 10.13 new text begin months before the application; new text end 10.14 new text begin (15) mortgage documents for the applicant's principal residence; new text end 10.15 new text begin (16) a residential lease agreement for the applicant's principal residence issued no new text end 10.16 new text begin more than 12 months before the application; new text end 10.17 new text begin (17) a valid driver's license, including an instruction permit, issued under this chapter; new text end 10.18 new text begin (18) a valid Minnesota identification card; new text end 10.19 new text begin (19) an unexpired Minnesota professional license; new text end 10.20 new text begin (20) an unexpired Selective Service card; or new text end 10.21 new text begin (21) military orders that are still in effect at the time of application. new text end 10.22 new text begin (b) A document under paragraph (a) must include the applicant's name and an new text end 10.23 new text begin address in Minnesota. new text end 10.24     new text begin Subd. 6. new text end new text begin Exceptions process. new text end new text begin The commissioner must not grant a variance from new text end 10.25 new text begin the requirements of this section under Minnesota Rules, part 7410.0600, for an applicant new text end 10.26 new text begin having a lawful temporary admission period. new text end 10.27    Sec. 11. Minnesota Statutes 2014, section 171.07, subdivision 1, is amended to read: 10.28    Subdivision 1. License; contents new text begin and design new text end . (a) Upon the payment of the required 10.29fee, the department shall issue to every qualifying applicant a license designating the 10.30type or class of vehicles the applicant is authorized to drive as applied for. This license 10.31must bear new text begin : (1) new text end a distinguishing number assigned to the licensee; new text begin (2) new text end the licensee's full 10.32name and date of birth; new text begin (3) new text end either (1) new text begin (i) new text end the licensee's residence address, or (2) new text begin (ii) new text end the 10.33designated address under section 5B.05; new text begin (4) new text end a description of the licensee in a manner as 10.34the commissioner deems necessary; and new text begin (5) new text end the usual signature of the licensee new text begin ; and (6) new text end 10.35 new text begin designations and markings as provided in this section new text end . No license is valid unless it bears 11.1the usual signature of the licensee. Every license must bear a colored photograph or an 11.2electronically produced image of the licensee. 11.3    (b) If the United States Postal Service will not deliver mail to the applicant's 11.4residence address as listed on the license, then the applicant shall provide verification from 11.5the United States Postal Service that mail will not be delivered to the applicant's residence 11.6address and that mail will be delivered to a specified alternate mailing address. When an 11.7applicant provides an alternate mailing address under this subdivision, the commissioner 11.8shall use the alternate mailing address in lieu of the applicant's residence address for 11.9all notices and mailings to the applicant. 11.10    (c) Every license issued to an applicant under the age of 21 must be of a 11.11distinguishing color and plainly marked "Under-21." 11.12    (d) The department shall use processes in issuing a license that prohibit, as nearly as 11.13possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a 11.14photograph or electronically produced image on a license, without ready detection. 11.15    (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if 11.16requested by the applicant. 11.17 new text begin (e) A license must bear a distinguishing indicator for compliance with requirements new text end 11.18 new text begin of the REAL ID Act, as determined by the commissioner. new text end 11.19 new text begin (f) A license issued to a person with temporary lawful status must be marked new text end 11.20 new text begin "temporary" on the face and in the machine-readable portion of the license. new text end 11.21 new text begin (g) A license must display the licensee's full name or no fewer than 39 characters of new text end 11.22 new text begin the name, with any truncation as necessary, beginning with the last character of the middle new text end 11.23 new text begin name and proceeding through the second letter of the middle name, followed by the last new text end 11.24 new text begin character of the first name and proceeding through the second letter of the first name. new text end 11.25    Sec. 12. Minnesota Statutes 2014, section 171.07, is amended by adding a subdivision 11.26to read: 11.27     new text begin Subd. 1c. new text end new text begin Design for noncompliant licenses or identification cards. new text end new text begin A new text end 11.28 new text begin noncompliant license or identification card must: new text end 11.29 new text begin (1) be printed with "Not for Federal Purposes" on the face; new text end 11.30 new text begin (2) meet the requirements under Code of Federal Regulations, title 6, section 37.71; new text end 11.31 new text begin and new text end 11.32 new text begin (3) not bear a distinguishing indicator under subdivision 1, paragraph (e), or new text end 11.33 new text begin subdivision 3, paragraph (e). new text end 11.34    Sec. 13. Minnesota Statutes 2014, section 171.07, subdivision 3, is amended to read: 12.1    Subd. 3. Identification card; new text begin content and design; new text end fee. (a) Upon payment of 12.2the required fee, the department shall issue to every qualifying applicant a Minnesota 12.3identification card. The department may not issue a Minnesota identification card to an 12.4individual who has a driver's license, other than a limited license. The department may not 12.5issue an enhanced identification card to an individual who is under 16 years of age, not 12.6a resident of this state, or not a citizen of the United States of America. The card must 12.7bear new text begin : (1) new text end a distinguishing number assigned to the applicant; new text begin (2) new text end a colored photograph or an 12.8electronically produced image of the applicant; new text begin (3) new text end the applicant's full name and date of 12.9birth; new text begin (4) new text end either (1) new text begin (i) new text end the licensee's residence address, or (2) new text begin (ii) new text end the designated address 12.10under section 5B.05; new text begin (5) new text end a description of the applicant in the manner as the commissioner 12.11deems necessary; and new text begin (6) new text end the usual signature of the applicant new text begin ; and (7) designations and new text end 12.12 new text begin markings as provided in this section new text end . 12.13    (b) If the United States Postal Service will not deliver mail to the applicant's 12.14residence address as listed on the Minnesota identification card, then the applicant shall 12.15provide verification from the United States Postal Service that mail will not be delivered 12.16to the applicant's residence address and that mail will be delivered to a specified alternate 12.17mailing address. When an applicant provides an alternate mailing address under this 12.18subdivision, the commissioner shall use the alternate mailing address in lieu of the 12.19applicant's residence address for all notices and mailings to the applicant. 12.20    (c) Each identification card issued to an applicant under the age of 21 must be of a 12.21distinguishing color and plainly marked "Under-21." 12.22    (d) Each Minnesota identification card must be plainly marked "Minnesota 12.23identification card - not a driver's license." 12.24 new text begin (e) A Minnesota identification card must bear a distinguishing indicator for new text end 12.25 new text begin compliance with requirements of the REAL ID Act, as determined by the commissioner. new text end 12.26 new text begin (f) A Minnesota identification card issued to a person with temporary lawful status new text end 12.27 new text begin must be marked "temporary" on the face and in the machine-readable portion of the card. new text end 12.28 new text begin (g) A Minnesota identification card must display the cardholder's full name or no new text end 12.29 new text begin fewer than 39 characters of the name, with any truncation as necessary, beginning with new text end 12.30 new text begin the last character of the middle name and proceeding through the second letter of the new text end 12.31 new text begin middle name, followed by the last character of the first name and proceeding through new text end 12.32 new text begin the second letter of the first name. new text end 12.33    (e) new text begin (h) new text end The fee for a Minnesota identification card is 50 cents when issued to a 12.34person who is developmentally disabled, as defined in section 252A.02, subdivision 2; a 12.35physically disabled person, as defined in section 169.345, subdivision 2; or, a person with 12.36mental illness, as described in section 245.462, subdivision 20, paragraph (c). 13.1    Sec. 14. Minnesota Statutes 2014, section 171.07, subdivision 4, is amended to read: 13.2    Subd. 4. new text begin Identification card new text end expiration. (a) Except as otherwise provided in this 13.3subdivision, the expiration date of Minnesota identification cards of new text begin for new text end applicants under 13.4the age of 65 shall be new text begin is new text end the birthday of the applicant in the fourth year following the date 13.5of issuance of the card. 13.6(b) A Minnesota identification card issued to new text begin For new text end an applicant age 65 or older shall be new text begin : new text end 13.7 new text begin (1) the expiration date is the birthday of the applicant in the eighth year following new text end 13.8 new text begin the date of issuance of the card; or new text end 13.9 new text begin (2) a noncompliant identification card is new text end valid for the lifetime of the applicant, 13.10except that new text begin . new text end 13.11 new text begin (c) new text end For the purposes of this paragraph new text begin (b) new text end , "Minnesota identification card" does not 13.12include an enhanced identification card issued to an applicant age 65 or older. 13.13(c) new text begin (d) new text end The expiration date for an Under-21 identification card is the cardholder's 13.1421st birthday. The commissioner shall issue an identification card to a holder of an 13.15Under-21 identification card who applies for the card, pays the required fee, and presents 13.16proof of identity and age, unless the commissioner determines that the applicant is not 13.17qualified for the identification card. 13.18 new text begin (e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification new text end 13.19 new text begin card issued to a person with temporary lawful status is the last day of the person's legal new text end 13.20 new text begin stay in the United States, or one year after issuance if the last day of the person's legal new text end 13.21 new text begin stay is not identified. new text end 13.22    Sec. 15. Minnesota Statutes 2014, section 171.07, subdivision 9a, is amended to read: 13.23    Subd. 9a. Security for enhanced driver's license and identification card new text begin new text end 13.24 new text begin features new text end . An enhanced new text begin (a) A new text end driver's license or enhanced identification card must 13.25include reasonable security measures to new text begin : new text end prevent new text begin forgery, alteration, reproduction, new text end 13.26 new text begin and new text end counterfeiting new text begin ; facilitate detection of fraud; prohibit the ability to superimpose new text end 13.27 new text begin a photograph or electronically produced image; new text end and to protect against unauthorized 13.28disclosure of personal information regarding residents of this state that is contained in the 13.29enhanced driver's license or enhanced identification card. The enhanced driver's license 13.30must include the best available anticounterfeit laminate technology. 13.31The new text begin (b) An new text end enhanced driver's license or enhanced identification card may include 13.32radio frequency identification technology that is limited to a randomly assigned number, 13.33which must be encrypted if agreed to by the United States Department of Homeland 13.34Security and does not include biometric data or any information other than the citizenship 13.35status of the license holder or cardholder. The commissioner shall ensure that the radio 14.1frequency identification technology is secure from unauthorized data access. An applicant 14.2must sign an acknowledgment of understanding of the radio frequency identification 14.3technology and its use for the sole purpose of verifying United States citizenship before 14.4being issued an enhanced driver's license or an enhanced identification card. 14.5    Sec. 16. Minnesota Statutes 2014, section 171.071, subdivision 3, is amended to read: 14.6    Subd. 3. Exception new text begin Limitations new text end . new text begin Subdivision 1 applies only to a noncompliant new text end 14.7 new text begin license or identification card. new text end Subdivisions 1 and 2 do not apply to the commissioner's 14.8requirements pertaining to a photograph or electronically produced image on an enhanced 14.9driver's license or an enhanced identification card. 14.10    Sec. 17. Minnesota Statutes 2014, section 171.072, is amended to read: 14.11171.072 TRIBAL IDENTIFICATION CARD. 14.12(a) If a Minnesota identification card is deemed an acceptable form of identification 14.13in Minnesota Statutes or Rules, a tribal identification card is also an acceptable form 14.14of identification. new text begin In application for a noncompliant license or identification card, new text end a 14.15tribal identification card is a primary document for purposes of Minnesota Rules, part 14.167410.0400, and successor rules. 14.17(b) For purposes of this section, "tribal identification card" means an unexpired 14.18identification card issued by a Minnesota tribal government of a tribe recognized by the 14.19Bureau of Indian Affairs, United States Department of the Interior, that contains the legal 14.20name, date of birth, signature, and picture of the enrolled tribal member. 14.21(c) The tribal identification card must contain security features that make it as 14.22impervious to alteration as is reasonably practicable in its design and quality of material 14.23and technology. The security features must use materials that are not readily available to 14.24the general public. The tribal identification card must not be susceptible to reproduction by 14.25photocopying or simulation and must be highly resistant to data or photograph substitution 14.26and other tampering. 14.27 new text begin (d) new text end The requirements of this section do not apply to new text begin : (1) application for a driver's new text end 14.28 new text begin license or Minnesota identification card under this chapter except as provided in paragraph new text end 14.29 new text begin (a); or (2) new text end tribal identification cards used to prove an individual's residence for purposes of 14.30section 201.061, subdivision 3. 14.31    Sec. 18. Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision 14.32to read: 15.1     new text begin Subd. 1a. new text end new text begin Driver and vehicle services information system; security and auditing. new text end 15.2 new text begin (a) The commissioner must establish written procedures to ensure that only individuals new text end 15.3 new text begin explicitly authorized by law may enter, update, or access not public data collected, created, new text end 15.4 new text begin or maintained by the driver and vehicle services information system. An authorized new text end 15.5 new text begin individual's ability to enter, update, or access data in the system must be limited through new text end 15.6 new text begin use of role-based access that corresponds to the official duties or training level of the new text end 15.7 new text begin individual and the statutory authorization granting access for that purpose. All queries new text end 15.8 new text begin and responses, and all actions in which data are entered, updated, accessed, shared, or new text end 15.9 new text begin disseminated, must be recorded in a data audit trail. Data contained in the audit trail are new text end 15.10 new text begin public to the extent the data are not otherwise classified by law. new text end 15.11 new text begin (b) The commissioner must immediately and permanently revoke the authorization new text end 15.12 new text begin of any individual who willfully entered, updated, accessed, shared, or disseminated data in new text end 15.13 new text begin violation of state or federal law. If an individual willfully gained access to data without new text end 15.14 new text begin explicit authorization by law, the commissioner must forward the matter to the county new text end 15.15 new text begin attorney for prosecution. new text end 15.16 new text begin (c) The commissioner must arrange for an independent biennial audit of the driver new text end 15.17 new text begin and vehicle services information system to determine whether data currently in the system new text end 15.18 new text begin are classified, how the data are used, and to verify compliance with this subdivision. The new text end 15.19 new text begin results of the audit are public. No later than 30 days following completion of the audit, the new text end 15.20 new text begin commissioner must provide a report summarizing the audit results to the commissioner of new text end 15.21 new text begin administration; the chairs and ranking minority members of the committees of the house new text end 15.22 new text begin of representatives and the senate with jurisdiction over transportation policy and finance, new text end 15.23 new text begin public safety, and data practices; and the Legislative Commission on Data Practices new text end 15.24 new text begin and Personal Data Privacy. The report must be submitted as required under Minnesota new text end 15.25 new text begin Statutes, section 3.195, except that printed copies are not required. new text end 15.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective on the date of implementation of new text end 15.27 new text begin the driver's license portion of the Minnesota licensing and registration system. The new text end 15.28 new text begin commissioner shall notify the revisor of statutes regarding the date. new text end 15.29    Sec. 19. Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision 15.30to read: 15.31     new text begin Subd. 3c. new text end new text begin Record retention; birth certificates. new text end new text begin (a) If the procedures established new text end 15.32 new text begin by the commissioner for driver's license or Minnesota identification card records include new text end 15.33 new text begin retention of a physical copy or digital image of a birth certificate, the commissioner must: new text end 15.34 new text begin (1) notify a driver's license or identification card applicant of the retention procedure; new text end 15.35 new text begin and new text end 16.1 new text begin (2) allow the applicant, licensee, or identification card holder to designate that the new text end 16.2 new text begin applicant, licensee, or identification card holder's birth certificate physical copy or digital new text end 16.3 new text begin image must not be retained. new text end 16.4 new text begin (b) The commissioner must not retain a birth certificate if directed by an applicant, new text end 16.5 new text begin licensee, or identification card holder under paragraph (a), clause (2), but must record new text end 16.6 new text begin and retain data on the birth certificate required under Code of Federal Regulations, title new text end 16.7 new text begin 6, section 37.31(c). new text end 16.8    Sec. 20. Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision 16.9to read: 16.10     new text begin Subd. 7b. new text end new text begin Noncompliant license or identification card. new text end new text begin (a) The commissioner may new text end 16.11 new text begin not, with respect to a noncompliant license or identification card: new text end 16.12 new text begin (1) electronically disseminate outside the state data that is not disseminated as of new text end 16.13 new text begin the effective date of this act; or new text end 16.14 new text begin (2) utilize any electronic validation or verification system accessible from or new text end 16.15 new text begin maintained outside of the state that is not in use as of the effective date of this act. new text end 16.16 new text begin (b) The limitations in paragraph (a) do not apply as necessary to maintain compliance new text end 16.17 new text begin with the driver's license compact under section 171.50. new text end 16.18 new text begin (c) For purposes of this subdivision, "outside the state" includes federal agencies, new text end 16.19 new text begin states other than Minnesota, organizations operating under agreement among the states, new text end 16.20 new text begin and private entities. new text end 16.21    Sec. 21. Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision 16.22to read: 16.23     new text begin Subd. 7c. new text end new text begin Firearms data. new text end new text begin (a) The commissioner may not share any data the new text end 16.24 new text begin department maintains under section 171.07, subdivision 13. new text end 16.25 new text begin (b) The commissioner may not share any data pertaining to the purchase or transfer new text end 16.26 new text begin of firearms, and applications for permits to carry firearms, collected by government new text end 16.27 new text begin entities pursuant to sections 624.712 to 624.719. new text end 16.28    Sec. 22. Minnesota Statutes 2014, section 171.27, is amended to read: 16.29171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION. 16.30(a) new text begin Except as otherwise provided in this section, new text end the expiration date for each 16.31driver's license, other than under-21 licenses, is the birthday of the driver in the fourth 16.32year following the date of issuance of the license. The birthday of the driver shall be as 16.33indicated on the application for a driver's license. A license may be renewed on or before 17.1expiration or within one year after expiration upon application, payment of the required 17.2fee, and passing the examination required of all drivers for renewal. Driving privileges 17.3shall be extended or renewed on or preceding the expiration date of an existing driver's 17.4license unless the commissioner believes that the licensee is no longer qualified as a driver. 17.5(b) The expiration date for each under-21 license shall be the 21st birthday of the 17.6licensee. Upon the licensee attaining the age of 21 and upon the application, payment 17.7of the required fee, and passing the examination required of all drivers for renewal, a 17.8driver's license shall be issued unless the commissioner determines that the licensee is 17.9no longer qualified as a driver. 17.10(c) The expiration date for each provisional license is two years after the date of 17.11application for the provisional license. 17.12 new text begin (d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued to a new text end 17.13 new text begin person with temporary lawful status is the last day of the person's legal stay in the United new text end 17.14 new text begin States, or one year after issuance if the last day of the person's legal stay is not identified. new text end 17.15(d) new text begin (e) new text end Any valid Minnesota driver's license issued to a person then or subsequently 17.16serving outside Minnesota in active military service, as defined in section 190.05, 17.17subdivision 5 , in any branch or unit of the armed forces of the United States, or the 17.18person's spouse, shall continue in full force and effect without requirement for renewal 17.19until the date one year following the service member's separation or discharge from active 17.20military service, and until the license holder's birthday in the fourth full year following 17.21the person's most recent license renewal or, in the case of a provisional license, until the 17.22person's birthday in the third full year following the renewal. 17.23    Sec. 23. new text begin REAL ID ACT IMPLEMENTATION. new text end 17.24     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For purposes of this section, "REAL ID Act" means the new text end 17.25 new text begin REAL ID Act of 2005, Public Law 109-13, Division B. new text end 17.26     new text begin Subd. 2. new text end new text begin Full implementation and conformity; deadline. new text end new text begin The commissioner new text end 17.27 new text begin of public safety must implement the provisions of this act in a manner to ensure full new text end 17.28 new text begin compliance and conformity with the requirements of the REAL ID Act, including the new text end 17.29 new text begin ability to issue fully compliant driver's licenses and Minnesota identification cards, no new text end 17.30 new text begin later than October 1, 2016. new text end 17.31     new text begin Subd. 3. new text end new text begin Mandatory reissuance prohibition. new text end new text begin When implementing the REAL ID new text end 17.32 new text begin Act requirements under this act and Minnesota Statutes, chapter 171, the commissioner new text end 17.33 new text begin of public safety is prohibited from requiring renewal or reissuance of a driver's license new text end 17.34 new text begin or Minnesota identification card earlier than required under the regular issuance time new text end 18.1 new text begin period. Nothing in this subdivision prevents suspension, cancellation, or revocation as new text end 18.2 new text begin provided in Minnesota Statutes, chapter 171. new text end 18.3     new text begin Subd. 4. new text end new text begin Legislative reporting. new text end new text begin (a) The commissioner of public safety must new text end 18.4 new text begin establish an implementation schedule for meeting the requirements under subdivision 2. new text end 18.5 new text begin The schedule must include monthly implementation activity and milestones. On or before new text end 18.6 new text begin the last business day of each month until full implementation and compliance is achieved, new text end 18.7 new text begin the commissioner must submit a status update that provides details on the implementation new text end 18.8 new text begin schedule, activity and accomplishments since the previous status update, identified risks to new text end 18.9 new text begin implementation, and overall status. new text end 18.10 new text begin (b) By January 15, 2017, the commissioner of public safety must submit a revision to new text end 18.11 new text begin the report required under Laws 2016, chapter 83, section 2, subdivision 2. At a minimum, new text end 18.12 new text begin the report must provide (1) revised information and analysis for each of the planning new text end 18.13 new text begin activities required for the 2016 report, and (2) implementation status information. new text end 18.14 new text begin (c) Each implementation status update under paragraph (a) and the report under new text end 18.15 new text begin paragraph (b) must be submitted to the chairs and ranking minority members of the new text end 18.16 new text begin legislative committees with jurisdiction over transportation policy and finance, public new text end 18.17 new text begin safety, civil law, and data practices, and to the Legislative Commission on Data Practices new text end 18.18 new text begin and Personal Data Privacy. The report must be submitted as required under Minnesota new text end 18.19 new text begin Statutes, section 3.195, except that printed copies are not required. new text end 18.20    Sec. 24. new text begin APPROPRIATION. new text end 18.21 new text begin $6,270,000 in fiscal year 2016 is appropriated from the driver services operating new text end 18.22 new text begin account in the special revenue fund to the commissioner of public safety for new text end 18.23 new text begin implementation and conformity with requirements of the REAL ID Act of 2005, Public new text end 18.24 new text begin Law 109-13, Division B, as provided under this act. This is a onetime appropriation. new text end 18.25    Sec. 25. new text begin REVISOR'S INSTRUCTION. new text end 18.26 new text begin The revisor of statutes shall renumber Minnesota Statutes, section 171.06, new text end 18.27 new text begin subdivision 3, paragraphs (d) and (e), as Minnesota Statutes, section 171.06, subdivision new text end 18.28 new text begin 3b, paragraphs (c) and (d). The revisor shall also make any necessary cross-reference new text end 18.29 new text begin changes consistent with the renumbering. new text end 18.30    Sec. 26. new text begin REPEALER. new text end 18.31 new text begin Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section new text end 18.32 new text begin 1, new text end new text begin is repealed. new text end 19.1    Sec. 27. new text begin EFFECTIVE DATE. new text end 19.2 new text begin Except as specifically provided otherwise, this act is effective the day following final new text end 19.3 new text begin enactment. Sections 1 to 22 apply for application and issuance of driver's licenses and new text end 19.4 new text begin Minnesota identification cards on and after October 1, 2016. new text end