1.1 	A bill for an act
1.2 	relating to transportation; authorizing and governing implementation of 
1.3 	requirements of the federal REAL ID Act; amending certain requirements governing 
1.4 	driver's licenses and Minnesota identification cards; amending imposition of certain 
1.5 	fees; requiring legislative reporting; appropriating money;amending Minnesota 
1.6 	Statutes 2016, sections 171.01, by adding subdivisions; 171.017; 171.04, by adding 
1.7 	a subdivision; 171.06, subdivisions 1, 3, by adding a subdivision; 171.07, 
1.8 	subdivisions 1, 3, 4, 9a; 171.071, subdivision 3; 171.072; 171.12, by adding 
1.9 	subdivisions; 171.27; proposing coding for new law in Minnesota Statutes, chapter 
1.10 	171; repealing Laws 2009, chapter 92, section 1, as amended.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision 
1.13 	to read:
1.14 		Subd. 41a.Noncompliant license; noncompliant identification card. "Noncompliant 
1.15 	license," "noncompliant identification card," or "noncompliant license or identification 
1.16 	card," means a driver's license or Minnesota identification card issued under section 171.019, 
1.17 	subdivision 2, paragraph (b).

1.18 	Sec. 2. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to 
1.19 	read:
1.20 		Subd. 45b.REAL ID Act. "REAL ID Act" means the REAL ID Act of 2005, Public 
1.21 	Law 109-13, Division B.

2.1 	Sec. 3. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to 
2.2 	read:
2.3 		Subd. 48b.Temporary lawful status. "Temporary lawful status" has the meaning given 
2.4 	in Code of Federal Regulations, title 6, section 37.3.

2.5 	Sec. 4. Minnesota Statutes 2016, section 171.017, is amended to read:
2.6 	171.017 BACKGROUND INVESTIGATIONS; DEPARTMENT DRIVER'S 
2.7 	LICENSE AGENTS AND CERTAIN EMPLOYEES.
2.8 		Subdivision 1.Background checks authorized. The commissioner shall must investigate 
2.9 	the criminal history background of any driver's license agent and any current or prospective 
2.10 	employees of the department  or driver's license agent being considered for any position 
2.11 	with the department that has or will have the ability to:
2.12 	(1) the ability to create or modify records of applicants for identification cards and 
2.13 	driver's licenses, including enhanced drivers' licenses under section 171.01, subdivision 
2.14 	31a, orand enhanced identification cards under section 171.01, subdivision 31b;
2.15 	(2) the ability to issue enhanced drivers' licenses under section 171.01, subdivision 31a,
2.16 	or enhanced identification cards under section 171.01, subdivision 31b; or
2.17 	(3) the ability to administer knowledge or skills tests under section 171.13 to an applicant 
2.18 	for a commercial driver's license.
2.19 		Subd. 2.Procedure. (a) The commissioner must request a criminal history background 
2.20 	check from the superintendent of the Bureau of Criminal Apprehension on all individuals 
2.21 	specified in subdivision 1. A request under this section must be accompanied by an executed 
2.22 	criminal history consent form, including fingerprints, signed by the agent or the current or 
2.23 	prospective employee being investigated.
2.24 	(b) After receiving a request under paragraph (a), the superintendent of the Bureau of 
2.25 	Criminal Apprehension shall perform the background check required under subdivision 1. 
2.26 	The superintendent shall retrieve criminal history data as defined in section 13.87, conduct 
2.27 	a search of the national criminal records repository, and provide wants and warrant 
2.28 	information from federal and state repositories. The superintendent is authorized to exchange 
2.29 	fingerprints with the Federal Bureau of Investigation for purposes of the criminal history 
2.30 	check. The superintendent shall return the results of the background checks to the 
2.31 	commissioner to determine whether:
3.1 	(1) the agent, employee,  or applicant for employment specified in subdivision 1, clause 
3.2 	(1) or (2), has committed a disqualifying crime under Code of Federal Regulations, title 49, 
3.3 	section 1572.103; or
3.4 	(2) the employee or applicant for employment specified in subdivision 1, clause (3), has 
3.5 	a conviction of the type specified by Code of Federal Regulations, title 49, section 384.228(j).
3.6 	(c) The superintendent shall recover the cost to the bureau of a bureau's background 
3.7 	check cost for the person on whom the background check is performed through a fee charged 
3.8 	to the commissioner or the driver's license agent who requested the background check.
3.9 		Subd. 3.Notification by other criminal justice agencies. Criminal justice agencies, 
3.10 	as defined by section 13.02, subdivision 3a, shall provide the commissioner with information 
3.11 	they possess and that the commissioner requires for the purposes of determining the 
3.12 	employment suitability of current or prospective employees subject to this section.
3.13 		Subd. 4.Annual background checks in certain instances. Consistent with Code of 
3.14 	Federal Regulations, title 49, section 384.228, the commissioner shall request and the 
3.15 	superintendent shall conduct annual background checks for the department employees 
3.16 	specified in subdivision 1, clause (3). Annual background checks under this subdivision 
3.17 	shall must be performed in a manner consistent with subdivisions 2 and 3.

3.18 	EFFECTIVE DATE. This section is effective July 1, 2017.

3.19 	Sec. 5. [171.019] REAL ID ACT CONFORMITY; LIMITATIONS.
3.20 		Subdivision 1.Definition. For purposes of this section, "federal change" means a 
3.21 	modification or addition to REAL ID Act requirements, made by the federal government 
3.22 	after the effective date of this act, with respect to: legal requirements; processes; policies 
3.23 	and procedures; or data collection, storage, and dissemination. Federal change includes but 
3.24 	is not limited to a modification:
3.25 	(1) in what constitutes an official purpose under Code of Federal Regulations, title 6, 
3.26 	part 37;
3.27 	(2) in the machine-readable technology standards for a license or Minnesota identification 
3.28 	card;
3.29 	(3) in the information provided on the face of the license or Minnesota identification 
3.30 	card;
4.1 	(4) that relates to dissemination of state-provided data to or among federal agencies, 
4.2 	other states, organizations operating under agreement among the states, or private entities; 
4.3 	or
4.4 	(5) that imposes an identifiable cost for the state of Minnesota.
4.5 		Subd. 2.License and Minnesota identification card options. (a) The commissioner 
4.6 	must meet the requirements of the REAL ID Act for licenses and identification cards, 
4.7 	including but not limited to documentation requirements, administrative processes, electronic 
4.8 	validation or verification of data, and card design and marking, as provided under this 
4.9 	chapter.
4.10 	(b) The commissioner must establish a license and Minnesota identification card that 
4.11 	does not meet all requirements of the REAL ID Act, including but not limited to section 
4.12 	171.12, subdivision 7b, as provided in this chapter.
4.13 	(c) The commissioner must establish an enhanced driver's license or enhanced 
4.14 	identification card as provided in this chapter.
4.15 		Subd. 3.Limitations. Compliance under subdivision 2, paragraph (a), is limited to those 
4.16 	requirements of the REAL ID Act in effect as of the effective date of this act. The 
4.17 	commissioner may not take any action to implement or meet the requirements of a federal 
4.18 	change.
4.19 		Subd. 4.Legislative notification. (a) Upon identification of an impending or completed 
4.20 	federal change, the commissioner must notify the chairs and ranking minority members of 
4.21 	the legislative committees having jurisdiction over transportation policy and finance, public 
4.22 	safety, and data practices, and the Legislative Commission on Data Practices and Personal 
4.23 	Data Privacy. Notification must be submitted as required under section 3.195, except that 
4.24 	printed copies are not required.
4.25 	(b) Notification under this subdivision must include a review of the federal change, an 
4.26 	initial analysis of data practices impacts, and any preliminary estimates of implementation 
4.27 	costs, including the availability of additional federal funds.
4.28 		Subd. 5.Statutory construction. (a) Unless specifically provided otherwise, a driver's 
4.29 	license, instruction permit, or provisional license includes any noncompliant license. Unless 
4.30 	specifically provided otherwise, a Minnesota identification card includes any noncompliant 
4.31 	identification card.
4.32 	(b) A noncompliant license does not include an enhanced driver's license, and a 
4.33 	noncompliant identification card does not include an enhanced identification card.

5.1 	Sec. 6. Minnesota Statutes 2016, section 171.04, is amended by adding a subdivision to 
5.2 	read:
5.3 		Subd. 5.Temporary lawful admission. The commissioner is prohibited from issuing 
5.4 	a driver's license or Minnesota identification card to an applicant whose lawful temporary 
5.5 	admission period, as demonstrated under section 171.06, subdivision 3, paragraph (b), 
5.6 	expires within 30 days of the date of the application.

5.7 	Sec. 7. Minnesota Statutes 2016, section 171.06, subdivision 1, is amended to read:
5.8 		Subdivision 1.Forms of Application format and requirements. (a) Every application 
5.9 	for a Minnesota identification card, for including an enhanced identification card, or for a 
5.10 	driver's license includingfor an instruction permit, for a provisional license, for a driver's 
5.11 	license, or for and an enhanced driver's license, must be made in a format approved by the 
5.12 	department, and. Every application must be accompanied by payment of the proper fee. All 
5.13 	first-time applications and change-of-status applications must be signed in the presence of 
5.14 	the person authorized to accept the application, or the signature on the application may be 
5.15 	verified by a notary public. All applications requiring evidence of legal presence in the 
5.16 	United States or United States citizenship
5.17 	(b) All applicants must sign the application and declare, under penalty of perjury, that 
5.18 	the information and documentation presented in the application is true and correct. The 
5.19 	application must be signed in the presence of the person authorized to accept the application, 
5.20 	or the signature on the application may be verified by a notary public.

5.21 	Sec. 8. Minnesota Statutes 2016, section 171.06, subdivision 3, is amended to read:
5.22 		Subd. 3.Contents of application; other information. (a) An application must:
5.23 	(1) state the full name, date of birth, sex, and either (i) the residence address of the 
5.24 	applicant, or (ii) designated address under section 5B.05;
5.25 	(2) as may be required by the commissioner, contain a description of the applicant and 
5.26 	any other facts pertaining to the applicant, the applicant's driving privileges, and the 
5.27 	applicant's ability to operate a motor vehicle with safety;
5.28 	(3) state:
5.29 	(i) the applicant's Social Security number; or
5.30 	(ii) if the applicant does not have a Social Security number and is applying for a 
5.31 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
6.1 	that the applicant certifies that the applicant does not haveis not eligible for a Social Security 
6.2 	number;
6.3 	(4) in the case of an application for an enhanced driver's license or enhanced identification 
6.4 	card, present:
6.5 	(i) proof satisfactory to the commissioner of the applicant's full legal name, United States 
6.6 	citizenship, identity, date of birth, Social Security number, and residence address; and
6.7 	(ii) a photographic identity document;
6.8 	(5) contain a space where the applicant may indicate a desire to make an anatomical gift 
6.9 	according to paragraph (b);
6.10 	(6) (4) contain a notification to the applicant of the availability of a living will/health 
6.11 	care directive designation on the license under section 171.07, subdivision 7; and
6.12 	(7) (5) contain a space spaces where the applicant may:
6.13 	(i) request a veteran designation on the license under section 171.07, subdivision 15, 
6.14 	and the driving record under section 171.12, subdivision 5a;
6.15 	(ii) indicate a desire to make an anatomical gift under paragraph (d); and
6.16 	(iii) as applicable, designate document retention as provided under section 171.12, 
6.17 	subdivision 3c.
6.18 	(b) All applications must be accompanied by satisfactory evidence demonstrating the 
6.19 	applicant's:
6.20 	(1) identity, date of birth, and Social Security number, or related documentation as 
6.21 	applicable;
6.22 	(2) principal residence address in Minnesota, including application for a renewal or 
6.23 	change of address, unless the applicant provides a designated address under section 5B.05; 
6.24 	and
6.25 	(3) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
6.26 	(c) An application for an enhanced driver's license or enhanced identification card must 
6.27 	be accompanied by:
6.28 	(1) satisfactory evidence demonstrating the applicant's full legal name and United States 
6.29 	citizenship; and
6.30 	(2) a photographic identity document.
7.1 	(b) (d) If the applicant does not indicate a desire to make an anatomical gift when the 
7.2 	application is made, the applicant must be offered a donor document in accordance with 
7.3 	section 171.07, subdivision 5. The application must contain statements sufficient to comply 
7.4 	with the requirements of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 
7.5 	525A, so that execution of the application or donor document will make the anatomical gift 
7.6 	as provided in section 171.07, subdivision 5, for those indicating a desire to make an 
7.7 	anatomical gift. The application must be accompanied by information describing Minnesota 
7.8 	laws regarding anatomical gifts and the need for and benefits of anatomical gifts, and the 
7.9 	legal implications of making an anatomical gift, including the law governing revocation of 
7.10 	anatomical gifts. The commissioner shall distribute a notice that must accompany all 
7.11 	applications for and renewals of a driver's license or Minnesota identification card. The 
7.12 	notice must be prepared in conjunction with a Minnesota organ procurement organization 
7.13 	that is certified by the federal Department of Health and Human Services and must include:
7.14 	(1) a statement that provides a fair and reasonable description of the organ donation 
7.15 	process, the care of the donor body after death, and the importance of informing family 
7.16 	members of the donation decision; and
7.17 	(2) a telephone number in a certified Minnesota organ procurement organization that 
7.18 	may be called with respect to questions regarding anatomical gifts.
7.19 	(c) (e) The application must be accompanied also by information containing relevant 
7.20 	facts relating to:
7.21 	(1) the effect of alcohol on driving ability;
7.22 	(2) the effect of mixing alcohol with drugs;
7.23 	(3) the laws of Minnesota relating to operation of a motor vehicle while under the 
7.24 	influence of alcohol or a controlled substance; and
7.25 	(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests for 
7.26 	alcohol-related violations.

7.27 	Sec. 9. Minnesota Statutes 2016, section 171.06, is amended by adding a subdivision to 
7.28 	read:
7.29 		Subd. 3b.Information for applicants. (a) The commissioner must develop summary 
7.30 	information on identity document options and must ensure distribution of the information 
7.31 	to all driver's license and Minnesota identification card applicants. At a minimum, the 
7.32 	summary information must be included in renewal notifications mailed to applicants.
8.1 	(b) The summary information must include:
8.2 	(1) a listing of each available type of driver's license and Minnesota identification card, 
8.3 	including a noncompliant license or identification card, an enhanced driver's license, and 
8.4 	an enhanced identification card;
8.5 	(2) the official purposes of and limitations on use for each type of driver's license and 
8.6 	Minnesota identification card; and
8.7 	(3) an Internet address linking to a department Web site page containing more complete 
8.8 	information.
8.9 	(c) An applicant for a noncompliant license or identification card must sign an 
8.10 	acknowledgment that the applicant understands the limitations on use of the license or card.

8.11 	Sec. 10. [171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE.
8.12 		Subdivision 1.Scope and application. This section applies only to driver's licenses and 
8.13 	Minnesota identification cards that meet all requirements of the REAL ID Act. Except as 
8.14 	otherwise provided under this section, the requirements of Minnesota Rules, chapter 7410, 
8.15 	or successor rules, apply.
8.16 		Subd. 2.Evidence; identity; date of birth. (a) Only the following is satisfactory evidence 
8.17 	of an applicant's identity and date of birth under section 171.06, subdivision 3, paragraph 
8.18 	(b):
8.19 	(1) a driver's license or identification card that:
8.20 	(i) complies with the requirements of the REAL ID Act;
8.21 	(ii) is not designated as temporary or limited term; and
8.22 	(iii) is current or has been expired for five years or less;
8.23 	(2) a valid, unexpired United States passport issued by the United States Department of 
8.24 	State;
8.25 	(3) a certified copy of a birth certificate issued by a government bureau of vital statistics 
8.26 	or equivalent agency in the applicant's state of birth, which must bear the raised or authorized 
8.27 	seal of the issuing government entity;
8.28 	(4) a consular report of birth abroad, certification of report of birth, or certification of 
8.29 	birth abroad, issued by the United States Department of State, Form FS-240, DS-1350, or 
8.30 	FS-545;
9.1 	(5) a valid, unexpired permanent resident card issued by the United States Department 
9.2 	of Homeland Security or the former Immigration and Naturalization Service of the United 
9.3 	States Department of Justice, Form I-551;
9.4 	(6) a certificate of naturalization issued by the United States Department of Homeland 
9.5 	Security, Form N-550 or Form N-570;
9.6 	(7) a certificate of citizenship issued by the United States Department of Homeland 
9.7 	Security, Form N-560 or Form N-56;
9.8 	(8) an unexpired employment authorization document issued by the United States 
9.9 	Department of Homeland Security, Form I-766 or Form I-688B;
9.10 	(9) a valid, unexpired passport issued by a foreign country and a valid, unexpired United 
9.11 	States visa accompanied by documentation of the applicant's most recent lawful admittance 
9.12 	into the United States; or
9.13 	(10) a document as designated by the United States Department of Homeland Security 
9.14 	under Code of Federal Regulations, title 6, part 37.11(c)(1)(x).
9.15 	(b) A document under paragraph (a) must be legible and unaltered.
9.16 		Subd. 3.Evidence; lawful status. Only a form of documentation identified under 
9.17 	subdivision 2 is satisfactory evidence of an applicant's lawful status under section 171.06, 
9.18 	subdivision 3, paragraph (b).
9.19 		Subd. 4.Evidence; Social Security number. The following is satisfactory evidence of 
9.20 	an applicant's Social Security number or related documentation under section 171.06, 
9.21 	subdivision 3, paragraph (b):
9.22 	(1) a Social Security card;
9.23 	(2) if a Social Security card is not available:
9.24 	(i) a federal Form W-2;
9.25 	(ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's Social 
9.26 	Security number; or
9.27 	(iii) a computer-printed United States employment pay stub with the applicant's name, 
9.28 	address, and Social Security number; or
9.29 	(3) for an applicant who provides a passport under subdivision 2, paragraph (a), clause 
9.30 	(9), documentation demonstrating nonwork authorized status.
10.1 		Subd. 5.Evidence; residence in Minnesota. Submission of two forms of documentation 
10.2 	from the following is satisfactory evidence of an applicant's principal residence address in 
10.3 	Minnesota under section 171.06, subdivision 3, paragraph (b):
10.4 	(1) a home utility services bill issued no more than 90 days before the application, 
10.5 	provided that the commissioner must not accept a United States home utility bill if two 
10.6 	unrelated people are listed on the bill;
10.7 	(2) a home utility services hook-up work order issued no more than 90 days before the 
10.8 	application, provided that the commissioner must not accept a home utility services hook-up 
10.9 	work order if two unrelated people are listed on the work order;
10.10 	(3) United States financial information issued no more than 90 days before the application, 
10.11 	with account numbers redacted, including:
10.12 	(i) a bank account statement;
10.13 	(ii) a canceled check; or
10.14 	(iii) a credit card statement;
10.15 	(4) a United States high school identification card with a certified transcript from the 
10.16 	school, if issued no more than 180 days before the application;
10.17 	(5) a Minnesota college or university identification card with a certified transcript from 
10.18 	the college or university, if issued no more than 180 days before the application;
10.19 	(6) an employment pay stub issued no more than 90 days before the application that lists 
10.20 	the employer's name, address, and telephone number;
10.21 	(7) a Minnesota unemployment insurance benefit statement issued no more than 90 days 
10.22 	before the application;
10.23 	(8) an assisted living or nursing home statement issued no more than 90 days before the 
10.24 	application;
10.25 	(9) a life, health, automobile, homeowner's, or renter's insurance policy issued no more 
10.26 	than 90 days before the application, provided that the commissioner must not accept a proof 
10.27 	of insurance card;
10.28 	(10) a federal or state income tax return or statement for the most recent tax filing year;
10.29 	(11) a Minnesota property tax statement for the current year that shows the applicant's 
10.30 	principal residential address both on the mailing portion and the portion stating what property 
10.31 	is being taxed;
11.1 	(12) a Minnesota vehicle certificate of title, if issued no more than 12 months before the 
11.2 	application;
11.3 	(13) a filed property deed or title for current residence, if issued no more than 12 months 
11.4 	before the application;
11.5 	(14) a Supplemental Security Income award statement issued no more than 12 months 
11.6 	before the application;
11.7 	(15) mortgage documents for the applicant's principal residence;
11.8 	(16) a residential lease agreement for the applicant's principal residence issued no more 
11.9 	than 12 months before the application;
11.10 	(17) a valid driver's license, including an instruction permit, issued under this chapter;
11.11 	(18) a valid Minnesota identification card;
11.12 	(19) an unexpired Minnesota professional license;
11.13 	(20) an unexpired Selective Service card; or
11.14 	(21) military orders that are still in effect at the time of application.
11.15 	(b) A document under paragraph (a) must include the applicant's name and an address 
11.16 	in Minnesota.
11.17 		Subd. 6.Exceptions process. The commissioner must not grant a variance from the 
11.18 	requirements of this section under Minnesota Rules, part 7410.0600, or successor rules, for 
11.19 	an applicant having a lawful temporary admission period.

11.20 	Sec. 11. Minnesota Statutes 2016, section 171.07, subdivision 1, is amended to read:
11.21 		Subdivision 1.License; contents and design. (a) Upon the payment of the required fee, 
11.22 	the department shall issue to every qualifying applicant a license designating the type or 
11.23 	class of vehicles the applicant is authorized to drive as applied for. This license must bear: 
11.24 	(1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date 
11.25 	of birth; (3) either (1) (i) the licensee's residence address, or (2) (ii) the designated address 
11.26 	under section 5B.05; (4) a description of the licensee in a manner as the commissioner 
11.27 	deems necessary; and(5) the usual signature of the licensee; and (6) designations and 
11.28 	markings as provided in this section. No license is valid unless it bears the usual signature 
11.29 	of the licensee. Every license must bear a colored photograph or an electronically produced 
11.30 	image of the licensee.
12.1 	(b) If the United States Postal Service will not deliver mail to the applicant's residence 
12.2 	address as listed on the license, then the applicant shall provide verification from the United 
12.3 	States Postal Service that mail will not be delivered to the applicant's residence address and 
12.4 	that mail will be delivered to a specified alternate mailing address. When an applicant 
12.5 	provides an alternate mailing address under this subdivision, the commissioner shall use 
12.6 	the alternate mailing address in lieu of the applicant's residence address for all notices and 
12.7 	mailings to the applicant.
12.8 	(c) Every license issued to an applicant under the age of 21 must be of a distinguishing 
12.9 	color and plainly marked "Under-21."
12.10 	(d) The department shall use processes in issuing a license that prohibit, as nearly as 
12.11 	possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a 
12.12 	photograph or electronically produced image on a license, without ready detection.
12.13 	(e) A license issued to an applicant age 65 or over must be plainly marked "senior" if 
12.14 	requested by the applicant.
12.15 	(e) A license must bear a distinguishing indicator for compliance with requirements of 
12.16 	the REAL ID Act.
12.17 	(f) A noncompliant license must:
12.18 	(1) be marked "not for federal identification" on the face and in the machine-readable 
12.19 	portion;
12.20 	(2) have a unique design or color indicator; and
12.21 	(3) not bear the distinguishing indicator under paragraph (e).
12.22 	(g) A license issued to a person with temporary lawful status must be marked "temporary" 
12.23 	on the face and in the machine-readable portion.
12.24 	(h) A license must display the licensee's full name or no fewer than 39 characters of the 
12.25 	name. Any necessary truncation must begin with the last character of the middle name and 
12.26 	proceed through the second letter of the middle name, followed by the last character of the 
12.27 	first name and proceeding through the second letter of the first name.

12.28 	Sec. 12. Minnesota Statutes 2016, section 171.07, subdivision 3, is amended to read:
12.29 		Subd. 3.Identification card; content and design; fee. (a) Upon payment of the required 
12.30 	fee, the department shall issue to every qualifying applicant a Minnesota identification card. 
12.31 	The department may not issue a Minnesota identification card to an individual who has a 
12.32 	driver's license, other than a limited license. The department may not issue an enhanced 
13.1 	identification card to an individual who is under 16 years of age, not a resident of this state, 
13.2 	or not a citizen of the United States of America. The card must bear: (1) a distinguishing 
13.3 	number assigned to the applicant; (2) a colored photograph or an electronically produced 
13.4 	image of the applicant; (3) the applicant's full name and date of birth; (4) either (1) (i) the 
13.5 	licensee's residence address, or (2) (ii) the designated address under section 5B.05; (5) a 
13.6 	description of the applicant in the manner as the commissioner deems necessary; and(6) 
13.7 	the usual signature of the applicant; and (7) designations and markings provided under this 
13.8 	section.
13.9 	(b) If the United States Postal Service will not deliver mail to the applicant's residence 
13.10 	address as listed on the Minnesota identification card, then the applicant shall provide 
13.11 	verification from the United States Postal Service that mail will not be delivered to the 
13.12 	applicant's residence address and that mail will be delivered to a specified alternate mailing 
13.13 	address. When an applicant provides an alternate mailing address under this subdivision, 
13.14 	the commissioner shall use the alternate mailing address in lieu of the applicant's residence 
13.15 	address for all notices and mailings to the applicant.
13.16 	(c) Each identification card issued to an applicant under the age of 21 must be of a 
13.17 	distinguishing color and plainly marked "Under-21."
13.18 	(d) Each Minnesota identification card must be plainly marked "Minnesota identification 
13.19 	card - not a driver's license."
13.20 	(e) A Minnesota identification card must bear a distinguishing indicator for compliance 
13.21 	with requirements of the REAL ID Act.
13.22 	(f) A noncompliant identification card must:
13.23 	(1) be marked "not for federal identification" on the face and in the machine-readable 
13.24 	portion;
13.25 	(2) have a unique design or color indicator; and
13.26 	(3) not bear the distinguishing indicator under paragraph (e).
13.27 	(g) A Minnesota identification card issued to a person with temporary lawful status must 
13.28 	be marked "temporary" on the face and in the machine-readable portion.
13.29 	(h) A Minnesota identification card must display the cardholder's full name or no fewer 
13.30 	than 39 characters of the name. Any necessary truncation must begin with the last character 
13.31 	of the middle name and proceed through the second letter of the middle name, followed by 
13.32 	the last character of the first name and proceeding through the second letter of the first name.
14.1 	(e) (i) The fee for a Minnesota identification card is 50 cents when issued to a person 
14.2 	who is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically 
14.3 	disabled person, as defined in section 169.345, subdivision 2; or, a person with mental 
14.4 	illness, as described in section 245.462, subdivision 20, paragraph (c).

14.5 	Sec. 13. Minnesota Statutes 2016, section 171.07, subdivision 4, is amended to read:
14.6 		Subd. 4.Identification card expiration. (a) Except as otherwise provided in this 
14.7 	subdivision, the expiration date of a Minnesota identification cards of applicants under the 
14.8 	age of 65 shall be card is the birthday of the applicant in the fourth year following the date 
14.9 	of issuance of the card.
14.10 	(b) A Minnesota identification card issued to For an applicant age 65 or older shall be:
14.11 	(1) the expiration date of a Minnesota identification card is the birthday of the applicant 
14.12 	in the eighth year following the date of issuance of the card; or
14.13 	(2) a noncompliant identification card is valid for the lifetime of the applicant, except 
14.14 	that.
14.15 	(c) For the purposes of this paragraph (b), "Minnesota identification card" does not 
14.16 	include an enhanced identification card issued to an applicant age 65 or older.
14.17 	(c) (d) The expiration date for an Under-21 identification card is the cardholder's 21st 
14.18 	birthday. The commissioner shall issue an identification card to a holder of an Under-21 
14.19 	identification card who applies for the card, pays the required fee, and presents proof of 
14.20 	identity and age, unless the commissioner determines that the applicant is not qualified for 
14.21 	the identification card.
14.22 	(e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification card 
14.23 	issued to a person with temporary lawful status is the last day of the person's legal stay in 
14.24 	the United States, or one year after issuance if the last day of the person's legal stay is not 
14.25 	identified.

14.26 	Sec. 14. Minnesota Statutes 2016, section 171.07, subdivision 9a, is amended to read:
14.27 		Subd. 9a.Security for enhanced driver's license and identification card features.
 14.28 	An enhanced (a) A driver's license or enhanced identification card must include reasonable 
14.29 	security measures to: prevent forgery, alteration, reproduction, and counterfeiting; facilitate 
14.30 	detection of fraud; prohibit the ability to superimpose a photograph or electronically produced 
14.31 	image; and to protect against unauthorized disclosure of personal information regarding 
14.32 	residents of this state that is contained in the enhanced driver's license or enhanced
15.1 	identification card. The enhanced driver's license must include the best available 
15.2 	anticounterfeit laminate technology.
15.3 	The (b) An enhanced driver's license or enhanced identification card may include radio 
15.4 	frequency identification technology that is limited to a randomly assigned number, which 
15.5 	must be encrypted if agreed to by the United States Department of Homeland Security and 
15.6 	does not include biometric data or any information other than the citizenship status of the 
15.7 	license holder or cardholder. The commissioner shall ensure that the radio frequency 
15.8 	identification technology is secure from unauthorized data access. An applicant must sign 
15.9 	an acknowledgment of understanding of the radio frequency identification technology and 
15.10 	its use for the sole purpose of verifying United States citizenship before being issued an 
15.11 	enhanced driver's license or an enhanced identification card.

15.12 	Sec. 15. Minnesota Statutes 2016, section 171.071, subdivision 3, is amended to read:
15.13 		Subd. 3.Exception Limitations. Subdivision 1 applies only to a noncompliant license 
15.14 	or identification card. Subdivisions 1 and 2 do not apply to the commissioner's requirements 
15.15 	pertaining to a photograph or electronically produced image on an enhanced driver's license 
15.16 	or an enhanced identification card.

15.17 	Sec. 16. Minnesota Statutes 2016, section 171.072, is amended to read:
15.18 	171.072 TRIBAL IDENTIFICATION CARD.
15.19 	(a) If a Minnesota identification card is deemed an acceptable form of identification in 
15.20 	Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of 
15.21 	identification. A tribal identification card is a primary document for purposes of Minnesota 
15.22 	Rules, part 7410.0400, and successor rules, when an applicant applies for a noncompliant 
15.23 	license or identification card.
15.24 	(b) For purposes of this section, "tribal identification card" means an unexpired 
15.25 	identification card issued by a Minnesota tribal government of a tribe recognized by the 
15.26 	Bureau of Indian Affairs, United States Department of the Interior, that contains the legal 
15.27 	name, date of birth, signature, and picture of the enrolled tribal member.
15.28 	(c) The tribal identification card must contain security features that make it as impervious 
15.29 	to alteration as is reasonably practicable in its design and quality of material and technology. 
15.30 	The security features must use materials that are not readily available to the general public. 
15.31 	The tribal identification card must not be susceptible to reproduction by photocopying or 
16.1 	simulation and must be highly resistant to data or photograph substitution and other 
16.2 	tampering.
16.3 	(d) The requirements of this section do not apply to: (1) except as provided in paragraph 
16.4 	(a), to an application for a driver's license or Minnesota identification card under this chapter; 
16.5 	or (2) to tribal identification cards used to prove an individual's residence for purposes of 
16.6 	section 201.061, subdivision 3.

16.7 	Sec. 17. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to 
16.8 	read:
16.9 		Subd. 1a.Driver and vehicle services information system; security and auditing.
 16.10 	(a) The commissioner must establish written procedures to ensure that only individuals  
16.11 	authorized by law may enter, update, or access not public data collected, created, or 
16.12 	maintained by the driver and vehicle services information system. An authorized individual's 
16.13 	ability to enter, update, or access data in the system must correspond to the official duties 
16.14 	or training level of the individual and to the statutory authorization granting access for that 
16.15 	purpose. All queries and responses, and all actions in which data are entered, updated, 
16.16 	accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in 
16.17 	the audit trail are public to the extent the data are not otherwise classified by law.
16.18 	(b) The commissioner must immediately and permanently revoke the authorization of 
16.19 	any individual who willfully entered, updated, accessed, shared, or disseminated data in 
16.20 	violation of state or federal law. If an individual willfully gained access to data without 
16.21 	authorization by law, the commissioner must forward the matter to the county attorney for 
16.22 	prosecution.
16.23 	(c) The commissioner must arrange for an independent biennial audit of the driver and 
16.24 	vehicle services information system to determine whether data currently in the system are 
16.25 	classified correctly, how the data are used, and to verify compliance with this subdivision. 
16.26 	The results of the audit are public. No later than 30 days following completion of the audit, 
16.27 	the commissioner must provide a report summarizing the audit results to the commissioner 
16.28 	of administration; the chairs and ranking minority members of the committees of the house 
16.29 	of representatives and the senate with jurisdiction over transportation policy and finance, 
16.30 	public safety, and data practices; and the Legislative Commission on Data Practices and 
16.31 	Personal Data Privacy. The report must be submitted as required under Minnesota Statutes, 
16.32 	section 3.195, except that printed copies are not required.

17.1 	EFFECTIVE DATE. This section is effective on the date of implementation of the 
17.2 	driver's license portion of the Minnesota licensing and registration system. The commissioner 
17.3 	shall notify the revisor of statutes on the date of implementation.

17.4 	Sec. 18. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to 
17.5 	read:
17.6 		Subd. 3c.Record retention; birth certificates. (a) If the procedures established by the 
17.7 	commissioner for driver's license or Minnesota identification card records include retention 
17.8 	of a physical copy or digital image of a birth certificate, the commissioner must:
17.9 	(1) notify a driver's license or identification card applicant of the retention procedure; 
17.10 	and
17.11 	(2) allow the applicant, licensee, or identification card holder to designate that the 
17.12 	applicant, licensee, or identification card holder's birth certificate physical copy or digital 
17.13 	image must not be retained.
17.14 	(b) The commissioner must not retain a birth certificate if directed by an applicant, 
17.15 	licensee, or identification card holder under paragraph (a), clause (2), but must record and 
17.16 	retain data on the birth certificate required under Code of Federal Regulations, title 6, section 
17.17 	37.31(c).

17.18 	Sec. 19. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to 
17.19 	read:
17.20 		Subd. 7b.Data privacy; noncompliant license or identification card. (a) The 
17.21 	commissioner is prohibited from, with respect to noncompliant licenses or identification 
17.22 	cards:
17.23 	(1) electronically disseminating outside the state data that is not disseminated as of the 
17.24 	effective date of this act;
17.25 	(2) utilizing any electronic validation or verification system accessible from or maintained 
17.26 	outside of the state that is not in use as of the effective date of this act; or
17.27 	(3) sharing any data the department maintains under section 171.07, subdivision 13.
17.28 	(b) The limitations in paragraph (a) do not apply to the extent necessary to maintain 
17.29 	compliance with the driver's license compact under section 171.50 and applicable federal 
17.30 	law governing commercial driver's licenses.
18.1 	(c) For purposes of this subdivision, "outside the state" includes federal agencies, states 
18.2 	other than Minnesota, organizations operating under agreement among the states, and private 
18.3 	entities.

18.4 	Sec. 20. Minnesota Statutes 2016, section 171.27, is amended to read:
18.5 	171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.
18.6 	(a) Except as otherwise provided in this section, the expiration date for each driver's 
18.7 	license, other than under-21 licenses, is the birthday of the driver in the fourth year following 
18.8 	the date of issuance of the license. The birthday of the driver shall be as indicated on the 
18.9 	application for a driver's license. A license may be renewed on or before expiration or within 
18.10 	one year after expiration upon application, payment of the required fee, and passing the 
18.11 	examination required of all drivers for renewal. Driving privileges shall be extended or 
18.12 	renewed on or preceding the expiration date of an existing driver's license unless the 
18.13 	commissioner believes that the licensee is no longer qualified as a driver.
18.14 	(b) The expiration date for each under-21 license shall be the 21st birthday of the licensee. 
18.15 	Upon the licensee attaining the age of 21 and upon the application, payment of the required 
18.16 	fee, and passing the examination required of all drivers for renewal, a driver's license shall 
18.17 	be issued unless the commissioner determines that the licensee is no longer qualified as a 
18.18 	driver.
18.19 	(c) The expiration date for each provisional license is two years after the date of 
18.20 	application for the provisional license.
18.21 	(d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued to a 
18.22 	person with temporary lawful status is the last day of the person's legal stay in the United 
18.23 	States, or one year after issuance if the last day of the person's legal stay is not identified.
18.24 	(d) (e) Any valid Minnesota driver's license issued to a person then or subsequently 
18.25 	serving outside Minnesota in active military service, as defined in section 190.05, subdivision 
18.26 	5, in any branch or unit of the armed forces of the United States, or the person's spouse, 
18.27 	shall continue in full force and effect without requirement for renewal until the date one 
18.28 	year following the service member's separation or discharge from active military service, 
18.29 	and until the license holder's birthday in the fourth full year following the person's most 
18.30 	recent license renewal or, in the case of a provisional license, until the person's birthday in 
18.31 	the third full year following the renewal.

19.1 	Sec. 21. REAL ID ACT IMPLEMENTATION.
 19.2 		Subdivision 1.Definition. For purposes of this section, "REAL ID Act" means the REAL 
19.3 	ID Act of 2005, Public Law 109-13, Division B.
19.4 		Subd. 2.Implementation; deadline. The commissioner of public safety must begin 
19.5 	issuing  driver's licenses and Minnesota identification cards that fully comply with the REAL 
19.6 	ID Act no later than January 1, 2018.
19.7 		Subd. 3.Mandatory reissuance prohibition. When implementing the REAL ID Act 
19.8 	requirements as provided in this act, the commissioner of public safety is prohibited from 
19.9 	requiring renewal or reissuance of a driver's license or Minnesota identification card earlier 
19.10 	than required under the regular issuance time period. Nothing in this subdivision prevents 
19.11 	suspension, cancellation, or revocation as provided in Minnesota Statutes, chapter 171.
19.12 		Subd. 4.Optional early reissuance; fee exemption. (a) For purposes of this subdivision, 
19.13 	"full compliance date" means the date when full compliance with the REAL ID Act is 
19.14 	required and no extensions are in effect for federal acceptance of Minnesota-issued licenses 
19.15 	and identification cards for official purposes, as most recently specified by the United States 
19.16 	Department of Homeland Security under Code of Federal Regulations, title 6, part 37.
19.17 	(b) The commissioner of public safety and driver's license agents are prohibited from 
19.18 	imposing fees or surcharges, as specified in paragraph (c), to issue a REAL ID-compliant 
19.19 	driver's license or identification card for an applicant who:
19.20 	(1) holds a valid Minnesota driver's license or Minnesota identification card that:
19.21 	(i) was issued prior to the date Minnesota commenced issuing REAL ID-compliant 
19.22 	licenses and Minnesota identification cards; and
19.23 	(ii) either (A) has an expiration date that is on or after the full compliance date; or (B) 
19.24 	does not have an expiration date as provided under Minnesota Statutes, section 171.07, 
19.25 	subdivision 4;
19.26 	(2) submits the license or identification card application no later than one year following 
19.27 	the full compliance date; and
19.28 	(3) is otherwise eligible to obtain the license or identification card under Minnesota 
19.29 	Statutes, chapter 171.
19.30 	(c) For the purposes of licenses and identification cards issued under this subdivision, 
19.31 	the commissioner of public safety and driver's license agents are prohibited from imposing 
19.32 	the fees and surcharges under: Minnesota Statutes, sections 171.06, subdivision 2; 171.061, 
20.1 	subdivision 4; and 171.07, subdivisions 3 and 3a. Endorsement fees and fees for optional 
20.2 	services, including expedited service fees under Minnesota Statutes, sections 171.06, 
20.3 	subdivisions 2, paragraph (c), and 2a; 171.07, subdivision 11; and 171.13, continue to apply 
20.4 	for applications as appropriate.
20.5 	(d) The fee exemption requirements under this subdivision do not apply to:
20.6 	(1) issuance of a new driver's license or Minnesota identification card;
20.7 	(2) issuance or renewal of an enhanced driver's license or enhanced identification card; 
20.8 	and
20.9 	(3) reinstatement of a canceled, suspended, or revoked license.

20.10 	Sec. 22. APPROPRIATION.
 20.11 	$30,000 in fiscal year 2018 and $30,000 in fiscal year 2019 are appropriated from the 
20.12 	driver services operating account in the special revenue fund to the commissioner of public 
20.13 	safety for implementation and conformity with requirements of the REAL ID Act of 2005, 
20.14 	Public Law 109-13, Division B, as provided under this act. This is a onetime appropriation.

20.15 	Sec. 23. REVISOR'S INSTRUCTION.
 20.16 	The revisor of statutes shall renumber Minnesota Statutes, section 171.06, subdivision 
20.17 	3, paragraphs (d) and (e), as Minnesota Statutes, section 171.06, subdivision 3b, paragraphs 
20.18 	(d) and (e). The revisor shall also make any necessary cross-reference changes consistent 
20.19 	with the renumbering.

20.20 	Sec. 24.  REPEALER.
 20.21 	Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1, is 
20.22 	repealed.

20.23 	Sec. 25. EFFECTIVE DATE.
 20.24 	Except as specifically provided otherwise, this act is effective the day following final 
20.25 	enactment. Sections 1 to 21 apply for application and issuance of driver's licenses and 
20.26 	Minnesota identification cards on and after January 1, 2018.

APPENDIX 

Repealed Minnesota Session Laws: H0003-1 

Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1
Section 1. Laws 2009, chapter 92, section 1, is amended to read:Section 1. NONCOMPLIANCE WITH REAL ID ACT. 
The commissioner of public safety is prohibited from taking any action to implement those sections of Public Law 109-13 known as the Real ID Act.