HF 3

2nd Unofficial Engrossment - 90th Legislature (2017 - 2018)

Posted on 03/06/2017 03:17 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 governing 1.4drivers' licenses and Minnesota identification cards; amending imposition of certain 1.5fees; requiring legislative reporting; authorizing rulemaking; appropriating money; 1.6amending Minnesota Statutes 2016, sections 171.01, by adding subdivisions; 1.7171.017; 171.04, by adding a subdivision; 171.06, subdivisions 1, 2, 3, by adding 1.8a subdivision; 171.07, subdivisions 1, 3, 4, 9a; 171.071, subdivision 3; 171.072; 1.9171.12, by adding subdivisions; 171.27; proposing coding for new law in Minnesota 1.10Statutes, chapter 171; repealing Laws 2009, chapter 92, section 1, as amended. 1.11BE 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 1.13to read: 1.14     new text begin Subd. 41a. new text end new text begin Noncompliant license; noncompliant identification card. new text end new text begin "Noncompliant new text end 1.15 new text begin license," "noncompliant identification card," or "noncompliant license or identification new text end 1.16 new text begin card," means a driver's license or Minnesota identification card issued under section 171.019, new text end 1.17 new text begin subdivision 2, paragraph (b). new text end 1.18    Sec. 2. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to 1.19read: 1.20     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, Public new text end 1.21 new text begin Law 109-13, Division B. new text end 2.1    Sec. 3. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to 2.2read: 2.3     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 given new text end 2.4 new text begin in Code of Federal Regulations, title 6, section 37.3. new text end 2.5    Sec. 4. Minnesota Statutes 2016, section 171.017, is amended to read: 2.6171.017 BACKGROUND INVESTIGATIONS; DEPARTMENT new text begin DRIVER'S new text end 2.7 new text begin LICENSE AGENTS AND CERTAIN new text end EMPLOYEES. 2.8    Subdivision 1. Background checks authorized. The commissioner shall new text begin must new text end investigate 2.9the criminal history background of new text begin any driver's license agent and new text end any current or prospective 2.10employees of the department new text begin or driver's license agent new text end being considered for any position 2.11with the department that has or will have new text begin the ability to new text end : 2.12(1) the ability to create or modify records of applicants for new text begin identification cards and new text end 2.13 new text begin drivers' licenses, including new text end enhanced drivers' licenses under section 171.01, subdivision 2.1431a , or new text begin and new text end 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, 2.16or 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 2.18for a commercial driver's license. 2.19    Subd. 2. Procedure. (a) The commissioner must request a criminal history background 2.20check from the superintendent of the Bureau of Criminal Apprehension on all individuals 2.21specified in subdivision 1. A request under this section must be accompanied by an executed 2.22criminal history consent form, including fingerprints, signed by the new text begin agent or the new text end current or 2.23prospective employee being investigated. 2.24(b) After receiving a request under paragraph (a), the superintendent of the Bureau of 2.25Criminal Apprehension shall perform the background check required under subdivision 1. 2.26The superintendent shall retrieve criminal history data as defined in section 13.87, conduct 2.27a search of the national criminal records repository, and provide wants and warrant 2.28information from federal and state repositories. The superintendent is authorized to exchange 2.29fingerprints with the Federal Bureau of Investigation for purposes of the criminal history 2.30check. The superintendent shall return the results of the background checks to the 2.31commissioner to determine whether: 3.1(1) the new text begin agent, new text end employee new text begin , new text end 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, 3.3section 1572.103; or 3.4(2) the employee or applicant for employment specified in subdivision 1, clause (3), has 3.5a 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 new text begin bureau's new text end background 3.7check new text begin cost for the person on whom the background check is performed new text end through a fee charged 3.8to the commissioner new text begin or the driver's license agent who requested the background check new text end . 3.9    Subd. 3. Notification by other criminal justice agencies. Criminal justice agencies, 3.10as defined by section 13.02, subdivision 3a, shall provide the commissioner with information 3.11they possess and that the commissioner requires for the purposes of determining the 3.12employment suitability of current or prospective employees subject to this section. 3.13    Subd. 4. Annual background checks in certain instances. Consistent with Code of 3.14Federal Regulations, title 49, section 384.228, the commissioner shall request and the 3.15superintendent shall conduct annual background checks for the department employees 3.16specified in subdivision 1, clause (3). Annual background checks under this subdivision 3.17shall new text begin must new text end be performed in a manner consistent with subdivisions 2 and 3. 3.18    Sec. 5. new text begin [171.019] REAL ID ACT CONFORMITY; LIMITATIONS. new text end 3.19     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 a new text end 3.20 new text begin modification or addition to REAL ID Act requirements, made by the federal government new text end 3.21 new text begin after the effective date of this act, with respect to: legal requirements; processes; policies new text end 3.22 new text begin and procedures; or data collection, storage, and dissemination. Federal change includes but new text end 3.23 new text begin is not limited to a modification: new text end 3.24 new text begin (1) in what constitutes an official purpose under Code of Federal Regulations, title 6, new text end 3.25 new text begin part 37; new text end 3.26 new text begin (2) in the machine-readable technology standards for a license or Minnesota identification new text end 3.27 new text begin card; new text end 3.28 new text begin (3) in the information provided on the face of the license or Minnesota identification new text end 3.29 new text begin card; new text end 3.30 new text begin (4) that relates to dissemination of state-provided data to or among federal agencies, new text end 3.31 new text begin other states, organizations operating under agreement among the states, or private entities; new text end 3.32 new text begin or new text end 4.1 new text begin (5) that imposes an identifiable cost for the state of Minnesota. new text end 4.2     new text begin Subd. 2. new text end new text begin License and Minnesota identification card options. new text end new text begin (a) The commissioner new text end 4.3 new text begin must meet the requirements of the REAL ID Act for licenses and identification cards, new text end 4.4 new text begin including but not limited to documentation requirements, administrative processes, electronic new text end 4.5 new text begin validation or verification of data, and card design and marking, as provided under this new text end 4.6 new text begin chapter. new text end 4.7 new text begin (b) The commissioner must establish a license and Minnesota identification card that new text end 4.8 new text begin does not meet all requirements of the REAL ID Act, including but not limited to section new text end 4.9 new text begin 171.12, subdivision 7b, as provided in this chapter. new text end 4.10 new text begin (c) The commissioner must establish an enhanced driver's license or enhanced new text end 4.11 new text begin identification card as provided in this chapter. new text end 4.12     new text begin Subd. 3. new text end new text begin Limitations. new text end new text begin Compliance under subdivision 2, paragraph (a), is limited to those new text end 4.13 new text begin requirements of the REAL ID Act and any rules or regulations promulgated pursuant to the new text end 4.14 new text begin REAL ID Act in effect as of the effective date of this act. The commissioner may not take new text end 4.15 new text begin any action to implement or meet the requirements of a federal change. new text end 4.16     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 completed new text end 4.17 new text begin federal change, the commissioner must notify the chairs and ranking minority members of new text end 4.18 new text begin the legislative committees having jurisdiction over transportation policy and finance, public new text end 4.19 new text begin safety, and data practices, and the Legislative Commission on Data Practices and Personal new text end 4.20 new text begin Data Privacy. Notification must be submitted as required under section 3.195, except that new text end 4.21 new text begin printed copies are not required. new text end 4.22 new text begin (b) Notification under this subdivision must include a review of the federal change, an new text end 4.23 new text begin initial analysis of data practices impacts, and any preliminary estimates of implementation new text end 4.24 new text begin costs, including the availability of additional federal funds. new text end 4.25     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 driver's new text end 4.26 new text begin license, instruction permit, or provisional license includes any noncompliant license. Unless new text end 4.27 new text begin specifically provided otherwise, a Minnesota identification card includes any noncompliant new text end 4.28 new text begin identification card. new text end 4.29 new text begin (b) A noncompliant license does not include an enhanced driver's license, and a new text end 4.30 new text begin noncompliant identification card does not include an enhanced identification card. new text end 5.1    Sec. 6. Minnesota Statutes 2016, section 171.04, is amended by adding a subdivision to 5.2read: 5.3     new text begin Subd. 5. new text end new text begin Temporary lawful admission. new text end new text begin The commissioner is prohibited from issuing new text end 5.4 new text begin a driver's license or Minnesota identification card to an applicant whose lawful temporary new text end 5.5 new text begin admission period, as demonstrated under section 171.06, subdivision 3, paragraph (b), new text end 5.6 new text begin expires within 30 days of the date of the application. new text end 5.7    Sec. 7. Minnesota Statutes 2016, section 171.06, subdivision 1, is amended to read: 5.8    Subdivision 1. Forms of Application new text begin format and requirements new text end . new text begin (a) new text end Every application 5.9for a Minnesota identification card, for new text begin including new text end an enhanced identification card, new text begin or for a new text end 5.10 new text begin driver's license including new text end for an instruction permit, for a provisional license, for a driver's 5.11license, 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 approved by the 5.12department, and new text begin . new text end Every application must be accompanied by new text begin payment of new text end the proper fee. All 5.13first-time applications and change-of-status applications must be signed in the presence of 5.14the person authorized to accept the application, or the signature on the application may be 5.15verified by a notary public. All applications requiring evidence of legal presence in the 5.16United States or United States citizenship 5.17 new text begin (b) All applicants must sign the application and declare, under penalty of perjury, that new text end 5.18 new text begin the information and documentation presented in the application is true and correct. The new text end 5.19 new text begin application new text end must be signed in the presence of the person authorized to accept the application, 5.20or the signature on the application may be verified by a notary public. 5.21    Sec. 8. Minnesota Statutes 2016, section 171.06, subdivision 2, is amended to read: 5.22    Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are as follows: 5.23 5.24 new text begin REAL ID Compliant new text end Classified Driver's License D-$17.25 C-$21.25 B-$28.25 A-$36.25 5.25 5.26 new text begin Noncompliant Classified new text end new text begin Driver's License new text end new text begin D-$17.25 new text end new text begin C-$21.25 new text end new text begin B-$28.25 new text end new text begin A-$36.25 new text end 5.27 5.28 new text begin REAL ID Compliant new text end Classified Under-21 D.L. D-$17.25 C-$21.25 B-$28.25 A-$16.25 5.29 5.30 new text begin Noncompliant Classified new text end new text begin Under-21 D.L. new text end new text begin D-$17.25 new text end new text begin C-$21.25 new text end new text begin B-$28.25 new text end new text begin A-$16.25 new text end 5.31 Enhanced Driver's License D-$32.25 C-$36.25 B-$43.25 A-$51.25 5.32 Instruction Permit $5.25 5.33 5.34 Enhanced Instruction Permit $20.25 6.1 6.2 Commercial Learner's Permit $2.50 6.3 Provisional License $8.25 6.4 6.5 Enhanced Provisional License $23.25 6.6 6.7 6.8 6.9 6.10 Duplicate new text begin REAL ID new text end new text begin Compliant new text end License or duplicate new text begin REAL ID new text end new text begin Compliant new text end identification card $6.75 6.11 6.12 6.13 6.14 new text begin Duplicate Noncompliant new text end new text begin License or duplicate new text end new text begin noncompliant identification new text end new text begin card new text end new text begin $6.75 new text end 6.15 6.16 6.17 Enhanced Duplicate License or enhanced duplicate identification card $21.75 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 new text begin REAL ID Compliant new text end Minnesota identification card or new text begin REAL ID new text end new text begin Compliant new text end Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a $11.25 6.27 6.28 6.29 6.30 new text begin Noncompliant identification new text end new text begin card or noncompliant new text end new text begin Under-21 Minnesota new text end new text begin identification card new text end new text begin $11.25 new text end 6.31 6.32 Enhanced Minnesota identification card $26.25 6.33In addition to each fee required in this paragraph, the commissioner shall collect a surcharge 6.34of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016. 6.35Surcharges collected under this paragraph must be credited to the driver and vehicle services 6.36technology account in the special revenue fund under section 299A.705. 6.37    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and 6.38has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 6.39169A.35 , or sections 169A.50 to 169A.53, (2) convictions for crash-related moving 6.40violations, and (3) convictions for moving violations that are not crash related, shall have 6.41a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" 6.42has the meaning given it in section 171.04, subdivision 1. 6.43    (c) In addition to the driver's license fee required under paragraph (a), the commissioner 6.44shall collect an additional $4 processing fee from each new applicant or individual renewing 7.1a license with a school bus endorsement to cover the costs for processing an applicant's 7.2initial and biennial physical examination certificate. The department shall not charge these 7.3applicants any other fee to receive or renew the endorsement. 7.4(d) In addition to the fee required under paragraph (a), a driver's license agent may charge 7.5and retain a filing fee as provided under section 171.061, subdivision 4. 7.6(e) In addition to the fee required under paragraph (a), the commissioner shall charge a 7.7filing fee at the same amount as a driver's license agent under section 171.061, subdivision 7.84. Revenue collected under this paragraph must be deposited in the driver services operating 7.9account. 7.10(f) An application for a Minnesota identification card, instruction permit, provisional 7.11license, or driver's license, including an application for renewal, must contain a provision 7.12that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes 7.13of public information and education on anatomical gifts under section 171.075. 7.14    Sec. 9. Minnesota Statutes 2016, section 171.06, subdivision 3, is amended to read: 7.15    Subd. 3. Contents of application; other information. (a) An application must: 7.16    (1) state the full name, date of birth, sex, and either (i) the residence address of the 7.17applicant, or (ii) designated address under section 5B.05; 7.18    (2) as may be required by the commissioner, contain a description of the applicant and 7.19any other facts pertaining to the applicant, the applicant's driving privileges, and the 7.20applicant's ability to operate a motor vehicle with safety; 7.21    (3) state: 7.22    (i) the applicant's Social Security number; or 7.23    (ii) if the applicant does not have a Social Security number and is applying for a 7.24Minnesota identification card, instruction permit, or class D provisional or driver's license, 7.25that the applicant certifies that the applicant does not have new text begin is not eligible for new text end a Social Security 7.26number; 7.27    (4) in the case of an application for an enhanced driver's license or enhanced identification 7.28card, present: 7.29(i) proof satisfactory to the commissioner of the applicant's full legal name, United States 7.30citizenship, identity, date of birth, Social Security number, and residence address; and 7.31(ii) a photographic identity document; 8.1(5) contain a space where the applicant may indicate a desire to make an anatomical gift 8.2according to paragraph (b); 8.3    (6) new text begin (4) new text end contain a notification to the applicant of the availability of a living will/health 8.4care directive designation on the license under section 171.07, subdivision 7; and 8.5(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 8.6 new text begin (i) new text end request a veteran designation on the license under section 171.07, subdivision 15, 8.7and the driving record under section 171.12, subdivision 5a new text begin ; new text end 8.8 new text begin (ii) indicate a desire to make an anatomical gift under paragraph (d); and new text end 8.9 new text begin (iii) as applicable, designate document retention as provided under section 171.12, new text end 8.10 new text begin subdivision 3c new text end . 8.11     new text begin (b) Applications must be accompanied by satisfactory evidence demonstrating: new text end new text begin new text end 8.12 new text begin (1) identity, date of birth, and any legal name change if applicable; and new text end 8.13 new text begin (2) for drivers' licenses and Minnesota identification cards that meet all requirements of new text end 8.14 new text begin the REAL ID Act: new text end 8.15 new text begin (i) principal residence address in Minnesota, including application for a change of address, new text end 8.16 new text begin unless the applicant provides a designated address under section 5B.05; new text end 8.17 new text begin (ii) Social Security number, or related documentation as applicable; and new text end 8.18 new text begin (iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3. new text end 8.19 new text begin (c) An application for an enhanced driver's license or enhanced identification card must new text end 8.20 new text begin be accompanied by: new text end 8.21 new text begin (1) satisfactory evidence demonstrating the applicant's full legal name and United States new text end 8.22 new text begin citizenship; and new text end 8.23 new text begin (2) a photographic identity document. new text end 8.24    (b) new text begin (d) new text end If the applicant does not indicate a desire to make an anatomical gift when the 8.25application is made, the applicant must be offered a donor document in accordance with 8.26section 171.07, subdivision 5. The application must contain statements sufficient to comply 8.27with the requirements of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 8.28525A, so that execution of the application or donor document will make the anatomical gift 8.29as provided in section 171.07, subdivision 5, for those indicating a desire to make an 8.30anatomical gift. The application must be accompanied by information describing Minnesota 8.31laws regarding anatomical gifts and the need for and benefits of anatomical gifts, and the 9.1legal implications of making an anatomical gift, including the law governing revocation of 9.2anatomical gifts. The commissioner shall distribute a notice that must accompany all 9.3applications for and renewals of a driver's license or Minnesota identification card. The 9.4notice must be prepared in conjunction with a Minnesota organ procurement organization 9.5that is certified by the federal Department of Health and Human Services and must include: 9.6    (1) a statement that provides a fair and reasonable description of the organ donation 9.7process, the care of the donor body after death, and the importance of informing family 9.8members of the donation decision; and 9.9    (2) a telephone number in a certified Minnesota organ procurement organization that 9.10may be called with respect to questions regarding anatomical gifts. 9.11    (c) new text begin (e) new text end The application must be accompanied also by information containing relevant 9.12facts relating to: 9.13    (1) the effect of alcohol on driving ability; 9.14    (2) the effect of mixing alcohol with drugs; 9.15    (3) the laws of Minnesota relating to operation of a motor vehicle while under the 9.16influence of alcohol or a controlled substance; and 9.17    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests for 9.18alcohol-related violations. 9.19    Sec. 10. Minnesota Statutes 2016, section 171.06, is amended by adding a subdivision to 9.20read: 9.21     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 summary new text end 9.22 new text begin information on identity document options and must ensure availability of the information new text end 9.23 new text begin for driver's license and Minnesota identification card applicants. Renewal notifications new text end 9.24 new text begin mailed to license and identification cardholders must include the Web site address required new text end 9.25 new text begin by paragraph (b), and the nearest physical address where an individual may obtain a copy new text end 9.26 new text begin of the summary. new text end new text begin new text end 9.27 new text begin (b) The summary information must, at a minimum, identify: new text end 9.28 new text begin (1) each available type of driver's license and Minnesota identification card, including new text end 9.29 new text begin a noncompliant license or identification card, an enhanced driver's license, and an enhanced new text end 9.30 new text begin identification card; new text end 9.31 new text begin (2) the official purposes of and limitations on use for each type of driver's license and new text end 9.32 new text begin Minnesota identification card; new text end 10.1 new text begin (3) an overview of data shared outside the state, including through electronic validation new text end 10.2 new text begin or verification systems, as part of the application and issuance of each type; new text end 10.3 new text begin (4) a statement notifying applicants that a driver's license or Minnesota identification new text end 10.4 new text begin card that meets the requirements of the REAL ID Act is not mandatory; and new text end new text begin new text end 10.5 new text begin (5) an Internet address linking to a department Web page containing more complete new text end 10.6 new text begin information. new text end 10.7 new text begin (c) An applicant for a noncompliant license or identification card must sign an new text end 10.8 new text begin acknowledgment that the applicant understands the limitations on use of the license or card. new text end 10.9    Sec. 11. new text begin [171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE. new text end 10.10     new text begin Subdivision 1. new text end new text begin Scope and application. new text end new text begin This section applies only to drivers' licenses and new text end 10.11 new text begin Minnesota identification cards that meet all requirements of the REAL ID Act. Except as new text end 10.12 new text begin otherwise provided under this section, the requirements of Minnesota Rules, chapter 7410, new text end 10.13 new text begin or successor rules, apply. new text end 10.14     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 evidence new text end 10.15 new text begin of an applicant's identity and date of birth under section 171.06, subdivision 3, paragraph new text end 10.16 new text begin (b): new text end 10.17 new text begin (1) a driver's license or identification card that: new text end 10.18 new text begin (i) complies with all requirements of the REAL ID Act; new text end 10.19 new text begin (ii) is not designated as temporary or limited term; and new text end 10.20 new text begin (iii) is current or has been expired for five years or less; new text end 10.21 new text begin (2) a valid, unexpired United States passport booklet or passport card issued by the new text end 10.22 new text begin United States Department of State; new text end 10.23 new text begin (3) a certified copy of a birth certificate issued by a government bureau of vital statistics new text end 10.24 new text begin or equivalent agency in the applicant's state of birth, which must bear the raised or authorized new text end 10.25 new text begin seal of the issuing government entity; new text end 10.26 new text begin (4) a consular report of birth abroad, certification of report of birth, or certification of new text end 10.27 new text begin birth abroad, issued by the United States Department of State, Form FS-240, DS-1350, or new text end 10.28 new text begin FS-545; new text end 10.29 new text begin (5) a valid, unexpired permanent resident card issued by the United States Department new text end 10.30 new text begin of Homeland Security or the former Immigration and Naturalization Service of the United new text end 10.31 new text begin States Department of Justice, Form I-551; new text end 11.1 new text begin (6) a certificate of naturalization issued by the United States Department of Homeland new text end 11.2 new text begin Security, Form N-550 or Form N-570; new text end 11.3 new text begin (7) a certificate of citizenship issued by the United States Department of Homeland new text end 11.4 new text begin Security, Form N-560 or Form N-56; new text end 11.5 new text begin (8) an unexpired employment authorization document issued by the United States new text end 11.6 new text begin Department of Homeland Security, Form I-766 or Form I-688B; new text end 11.7 new text begin (9) a valid, unexpired passport issued by a foreign country and a valid, unexpired United new text end 11.8 new text begin States visa accompanied by documentation of the applicant's most recent lawful admittance new text end 11.9 new text begin into the United States; or new text end new text begin new text end 11.10 new text begin (10) a document as designated by the United States Department of Homeland Security new text end 11.11 new text begin under Code of Federal Regulations, title 6, part 37.11(c)(1)(x). new text end 11.12 new text begin (b) A document under paragraph (a) must be legible and unaltered. new text end 11.13     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 11.14 new text begin subdivision 2 or a document issued by a federal agency that demonstrates the applicant's new text end 11.15 new text begin lawful status are satisfactory evidence of an applicant's lawful status under section 171.06, new text end 11.16 new text begin subdivision 3, clause (2). new text end 11.17     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 of new text end 11.18 new text begin an applicant's Social Security number or related documentation under section 171.06, new text end 11.19 new text begin subdivision 3, paragraph (b): new text end 11.20 new text begin (1) a Social Security card; new text end 11.21 new text begin (2) if a Social Security card is not available: new text end 11.22 new text begin (i) a federal Form W-2; new text end 11.23 new text begin (ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's Social new text end 11.24 new text begin Security number; or new text end 11.25 new text begin (iii) a computer-printed United States employment pay stub with the applicant's name, new text end 11.26 new text begin address, and Social Security number; or new text end 11.27 new text begin (3) for an applicant who provides a passport under subdivision 2, paragraph (a), clause new text end 11.28 new text begin (9), documentation demonstrating nonwork authorized status. new text end 11.29     new text begin Subd. 5. new text end new text begin Evidence; residence in Minnesota. new text end new text begin Submission of two forms of documentation new text end 11.30 new text begin from the following is satisfactory evidence of an applicant's principal residence address in new text end 11.31 new text begin Minnesota under section 171.06, subdivision 3, paragraph (b): new text end 12.1 new text begin (1) a home utility services bill issued no more than 90 days before the application, new text end 12.2 new text begin provided that the commissioner must not accept a United States home utility bill if two new text end 12.3 new text begin unrelated people are listed on the bill; new text end 12.4 new text begin (2) a home utility services hook-up work order issued no more than 90 days before the new text end 12.5 new text begin application, provided that the commissioner must not accept a home utility services hook-up new text end 12.6 new text begin work order if two unrelated people are listed on the work order; new text end 12.7 new text begin (3) United States financial information issued no more than 90 days before the application, new text end 12.8 new text begin with account numbers redacted, including: new text end 12.9 new text begin (i) a bank account statement; new text end 12.10 new text begin (ii) a canceled check; or new text end 12.11 new text begin (iii) a credit card statement; new text end 12.12 new text begin (4) a United States high school identification card with a certified transcript from the new text end 12.13 new text begin school, if issued no more than 180 days before the application; new text end 12.14 new text begin (5) a Minnesota college or university identification card with a certified transcript from new text end 12.15 new text begin the college or university, if issued no more than 180 days before the application; new text end 12.16 new text begin (6) an employment pay stub issued no more than 90 days before the application that lists new text end 12.17 new text begin the employer's name, address, and telephone number; new text end 12.18 new text begin (7) a Minnesota unemployment insurance benefit statement issued no more than 90 days new text end 12.19 new text begin before the application; new text end 12.20 new text begin (8) a statement from a housing with services building registered under chapter 144D, new text end 12.21 new text begin nursing home licensed under chapter 144A, or a boarding care facility licensed under sections new text end 12.22 new text begin 144.50 to 144.56, that was issued no more than 90 days before the application; new text end 12.23 new text begin (9) a life, health, automobile, homeowner's, or renter's insurance policy issued no more new text end 12.24 new text begin than 90 days before the application, provided that the commissioner must not accept a proof new text end 12.25 new text begin of insurance card; new text end 12.26 new text begin (10) a federal or state income tax return or statement for the most recent tax filing year; new text end 12.27 new text begin (11) a Minnesota property tax statement for the current year that shows the applicant's new text end 12.28 new text begin principal residential address both on the mailing portion and the portion stating what property new text end 12.29 new text begin is being taxed; new text end 12.30 new text begin (12) a Minnesota vehicle certificate of title, if issued no more than 12 months before the new text end 12.31 new text begin application; new text end 13.1 new text begin (13) a filed property deed or title for current residence, if issued no more than 12 months new text end 13.2 new text begin before the application; new text end 13.3 new text begin (14) a Supplemental Security Income award statement issued no more than 12 months new text end 13.4 new text begin before the application; new text end 13.5 new text begin (15) mortgage documents for the applicant's principal residence; new text end 13.6 new text begin (16) a residential lease agreement for the applicant's principal residence issued no more new text end 13.7 new text begin than 12 months before the application; new text end 13.8 new text begin (17) a valid driver's license, including an instruction permit, issued under this chapter; new text end 13.9 new text begin (18) a valid Minnesota identification card; new text end 13.10 new text begin (19) an unexpired Minnesota professional license; new text end 13.11 new text begin (20) an unexpired Selective Service card; or new text end 13.12 new text begin (21) military orders that are still in effect at the time of application. new text end 13.13 new text begin (b) A document under paragraph (a) must include the applicant's name and an address new text end 13.14 new text begin in Minnesota. new text end 13.15     new text begin Subd. 6. new text end new text begin Exceptions process. new text end new text begin (a) The commissioner may grant a variance from the new text end 13.16 new text begin requirements of this section as provided under Minnesota Rules, part 7410.0600, or successor new text end 13.17 new text begin rules, for evidence of: new text end 13.18 new text begin (1) identity or date of birth under subdivision 2; new text end 13.19 new text begin (2) lawful status under subdivision 3, only for demonstration of United States citizenship; new text end 13.20 new text begin (3) Social Security number under subdivision 4; and new text end 13.21 new text begin (4) residence in Minnesota under subdivision 5. new text end 13.22 new text begin (b) The commissioner must not grant a variance for an applicant having a lawful new text end 13.23 new text begin temporary admission period. new text end 13.24    Sec. 12. Minnesota Statutes 2016, section 171.07, subdivision 1, is amended to read: 13.25    Subdivision 1. License; contents new text begin and design new text end . (a) Upon the payment of the required fee, 13.26the department shall issue to every qualifying applicant a license designating the type or 13.27class of vehicles the applicant is authorized to drive as applied for. This license must bear new text begin : new text end 13.28 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 name and date 13.29of 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 designated address 13.30under section 5B.05; new text begin (4) new text end a description of the licensee in a manner as the commissioner 14.1deems necessary; and new text begin (5) new text end the usual signature of the licensee new text begin ; and (6) designations and new text end 14.2 new text begin markings as provided in this section new text end . No license is valid unless it bears the usual signature 14.3of the licensee. Every license must bear a colored photograph or an electronically produced 14.4image of the licensee. 14.5    (b) If the United States Postal Service will not deliver mail to the applicant's residence 14.6address as listed on the license, then the applicant shall provide verification from the United 14.7States Postal Service that mail will not be delivered to the applicant's residence address and 14.8that mail will be delivered to a specified alternate mailing address. When an applicant 14.9provides an alternate mailing address under this subdivision, the commissioner shall use 14.10the alternate mailing address in lieu of the applicant's residence address for all notices and 14.11mailings to the applicant. 14.12    (c) Every license issued to an applicant under the age of 21 must be of a distinguishing 14.13color and plainly marked "Under-21." 14.14    (d) The department shall use processes in issuing a license that prohibit, as nearly as 14.15possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a 14.16photograph or electronically produced image on a license, without ready detection. 14.17    (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if 14.18requested by the applicant. 14.19 new text begin (e) Except for an enhanced driver's license or a noncompliant license, a license must new text end 14.20 new text begin bear a distinguishing indicator for compliance with requirements of the REAL ID Act. new text end 14.21 new text begin (f) A noncompliant license must: new text end new text begin new text end 14.22 new text begin (1) be marked "not for federal identification" on the face and in the machine-readable new text end 14.23 new text begin portion; and new text end new text begin new text end 14.24 new text begin (2) have a unique design or color indicator. new text end 14.25 new text begin (g) A license issued to a person with temporary lawful status must be marked "temporary" new text end 14.26 new text begin on the face and in the machine-readable portion. new text end 14.27 new text begin (h) A license must display the licensee's full name or no fewer than 39 characters of the new text end 14.28 new text begin name. Any necessary truncation must begin with the last character of the middle name and new text end 14.29 new text begin proceed through the second letter of the middle name, followed by the last character of the new text end 14.30 new text begin first name and proceeding through the second letter of the first name. new text end 15.1    Sec. 13. Minnesota Statutes 2016, section 171.07, subdivision 3, is amended to read: 15.2    Subd. 3. Identification card; new text begin content and design; new text end fee. (a) Upon payment of the required 15.3fee, the department shall issue to every qualifying applicant a Minnesota identification card. 15.4The department may not issue a Minnesota identification card to an individual who has a 15.5driver's license, other than a limited license. The department may not issue an enhanced 15.6identification card to an individual who is under 16 years of age, not a resident of this state, 15.7or not a citizen of the United States of America. The card must bear new text begin : (1) new text end a distinguishing 15.8number assigned to the applicant; new text begin (2) new text end a colored photograph or an electronically produced 15.9image of the applicant; new text begin (3) new text end the applicant's full name and date of birth; new text begin (4) new text end either (1) new text begin (i) new text end the 15.10licensee's residence address, or (2) new text begin (ii) new text end the designated address under section 5B.05; new text begin (5) new text end a 15.11description of the applicant in the manner as the commissioner deems necessary; and new text begin (6) new text end 15.12the usual signature of the applicant new text begin ; and (7) designations and markings provided under this new text end 15.13 new text begin section new text end . 15.14    (b) If the United States Postal Service will not deliver mail to the applicant's residence 15.15address as listed on the Minnesota identification card, then the applicant shall provide 15.16verification from the United States Postal Service that mail will not be delivered to the 15.17applicant's residence address and that mail will be delivered to a specified alternate mailing 15.18address. When an applicant provides an alternate mailing address under this subdivision, 15.19the commissioner shall use the alternate mailing address in lieu of the applicant's residence 15.20address for all notices and mailings to the applicant. 15.21    (c) Each identification card issued to an applicant under the age of 21 must be of a 15.22distinguishing color and plainly marked "Under-21." 15.23    (d) Each Minnesota identification card must be plainly marked "Minnesota identification 15.24card - not a driver's license." 15.25 new text begin (e) Except for an enhanced identification card or a noncompliant identification card, a new text end 15.26 new text begin Minnesota identification card must bear a distinguishing indicator for compliance with new text end 15.27 new text begin requirements of the REAL ID Act. new text end 15.28 new text begin (f) A noncompliant identification card must: new text end new text begin new text end 15.29 new text begin (1) be marked "not for federal identification" on the face and in the machine-readable new text end 15.30 new text begin portion; and new text end new text begin new text end 15.31 new text begin (2) have a unique design or color indicator. new text end 15.32 new text begin (g) A Minnesota identification card issued to a person with temporary lawful status must new text end 15.33 new text begin be marked "temporary" on the face and in the machine-readable portion. new text end 16.1 new text begin (h) A Minnesota identification card must display the cardholder's full name or no fewer new text end 16.2 new text begin than 39 characters of the name. Any necessary truncation must begin with the last character new text end 16.3 new text begin of the middle name and proceed through the second letter of the middle name, followed by new text end 16.4 new text begin the last character of the first name and proceeding through the second letter of the first name. new text end 16.5    (e) new text begin (i) new text end The fee for a Minnesota identification card is 50 cents when issued to a person 16.6who is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically 16.7disabled person, as defined in section 169.345, subdivision 2; or, a person with mental 16.8illness, as described in section 245.462, subdivision 20, paragraph (c). 16.9    Sec. 14. Minnesota Statutes 2016, section 171.07, subdivision 4, is amended to read: 16.10    Subd. 4. new text begin Identification card new text end expiration. (a) Except as otherwise provided in this 16.11subdivision, the expiration date of new text begin a new text end Minnesota identification cards of applicants under the 16.12age of 65 shall be new text begin card is new text end the birthday of the applicant in the fourth year following the date 16.13of issuance of the card. 16.14(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 16.15 new text begin (1) the expiration date of a Minnesota identification card is the birthday of the applicant new text end 16.16 new text begin in the eighth year following the date of issuance of the card; or new text end 16.17 new text begin (2) a noncompliant identification card is new text end valid for the lifetime of the applicant, except 16.18that new text begin . new text end 16.19 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 16.20include an enhanced identification card issued to an applicant age 65 or older. 16.21(c) new text begin (d) new text end The expiration date for an Under-21 identification card is the cardholder's 21st 16.22birthday. The commissioner shall issue an identification card to a holder of an Under-21 16.23identification card who applies for the card, pays the required fee, and presents proof of 16.24identity and age, unless the commissioner determines that the applicant is not qualified for 16.25the identification card. 16.26 new text begin (e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification card new text end 16.27 new text begin issued to a person with temporary lawful status is the last day of the person's legal stay in new text end 16.28 new text begin the United States, or one year after issuance if the last day of the person's legal stay is not new text end 16.29 new text begin identified. new text end 17.1    Sec. 15. Minnesota Statutes 2016, section 171.07, subdivision 9a, is amended to read: 17.2    Subd. 9a. Security for enhanced driver's license and identification card new text begin features new text end . 17.3An enhanced new text begin (a) A new text end driver's license or enhanced identification card must include reasonable 17.4security measures to new text begin : new text end prevent new text begin forgery, alteration, reproduction, and new text end counterfeiting new text begin ; facilitate new text end 17.5 new text begin detection of fraud; prohibit the ability to superimpose a photograph or electronically produced new text end 17.6 new text begin image; new text end and to protect against unauthorized disclosure of personal information regarding 17.7residents of this state that is contained in the enhanced driver's license or enhanced 17.8identification card. The enhanced driver's license must include the best available 17.9anticounterfeit laminate technology. 17.10The new text begin (b) An new text end enhanced driver's license or enhanced identification card may include radio 17.11frequency identification technology that is limited to a randomly assigned number, which 17.12must be encrypted if agreed to by the United States Department of Homeland Security and 17.13does not include biometric data or any information other than the citizenship status of the 17.14license holder or cardholder. The commissioner shall ensure that the radio frequency 17.15identification technology is secure from unauthorized data access. An applicant must sign 17.16an acknowledgment of understanding of the radio frequency identification technology and 17.17its use for the sole purpose of verifying United States citizenship before being issued an 17.18enhanced driver's license or an enhanced identification card. 17.19    Sec. 16. Minnesota Statutes 2016, section 171.071, subdivision 3, is amended to read: 17.20    Subd. 3. Exception new text begin Limitations new text end . new text begin Subdivision 1 applies only to a noncompliant license new text end 17.21 new text begin or identification card. new text end Subdivisions 1 and 2 do not apply to the commissioner's requirements 17.22pertaining to a photograph or electronically produced image on an enhanced driver's license 17.23or an enhanced identification card. 17.24    Sec. 17. Minnesota Statutes 2016, section 171.072, is amended to read: 17.25171.072 TRIBAL IDENTIFICATION CARD. 17.26(a) If a Minnesota identification card is deemed an acceptable form of identification in 17.27Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of 17.28identification. A tribal identification card is a primary document for purposes of Minnesota 17.29Rules, part 7410.0400, and successor rules new text begin , when an applicant applies for a noncompliant new text end 17.30 new text begin license or identification card new text end . 17.31(b) For purposes of this section, "tribal identification card" means an unexpired 17.32identification card issued by a Minnesota tribal government of a tribe recognized by the 18.1Bureau of Indian Affairs, United States Department of the Interior, that contains the legal 18.2name, date of birth, signature, and picture of the enrolled tribal member. 18.3(c) The tribal identification card must contain security features that make it as impervious 18.4to alteration as is reasonably practicable in its design and quality of material and technology. 18.5The security features must use materials that are not readily available to the general public. 18.6The tribal identification card must not be susceptible to reproduction by photocopying or 18.7simulation and must be highly resistant to data or photograph substitution and other 18.8tampering. 18.9 new text begin (d) new text end The requirements of this section do not apply to new text begin : (1) except as provided in paragraph new text end 18.10 new text begin (a), to an application for a driver's license or Minnesota identification card under this chapter; new text end 18.11 new text begin or (2) to new text end tribal identification cards used to prove an individual's residence for purposes of 18.12section 201.061, subdivision 3. 18.13    Sec. 18. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to 18.14read: 18.15     new text begin Subd. 1a. new text end new text begin Driver and vehicle services information system; security and auditing. new text end 18.16 new text begin (a) The commissioner must establish written procedures to ensure that only individuals new text end 18.17 new text begin authorized by law may enter, update, or access not public data collected, created, or new text end 18.18 new text begin maintained by the driver and vehicle services information system. An authorized individual's new text end 18.19 new text begin ability to enter, update, or access data in the system must correspond to the official duties new text end 18.20 new text begin or training level of the individual and to the statutory authorization granting access for that new text end 18.21 new text begin purpose. All queries and responses, and all actions in which data are entered, updated, new text end 18.22 new text begin accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in new text end 18.23 new text begin the audit trail are public to the extent the data are not otherwise classified by law. new text end 18.24 new text begin (b) The commissioner must immediately and permanently revoke the authorization of new text end 18.25 new text begin any individual who willfully entered, updated, accessed, shared, or disseminated data in new text end 18.26 new text begin violation of state or federal law. If an individual willfully gained access to data without new text end 18.27 new text begin authorization by law, the commissioner must forward the matter to the appropriate new text end 18.28 new text begin prosecuting authority for prosecution. new text end 18.29 new text begin (c) The commissioner must arrange for an independent biennial audit of the driver and new text end 18.30 new text begin vehicle services information system to determine whether data currently in the system are new text end 18.31 new text begin classified correctly, how the data are used, and to verify compliance with this subdivision. new text end 18.32 new text begin The results of the audit are public. No later than 30 days following completion of the audit, new text end 18.33 new text begin the commissioner must provide a report summarizing the audit results to the commissioner new text end 18.34 new text begin of administration; the chairs and ranking minority members of the committees of the house new text end 19.1 new text begin of representatives and the senate with jurisdiction over transportation policy and finance, new text end 19.2 new text begin public safety, and data practices; and the Legislative Commission on Data Practices and new text end 19.3 new text begin Personal Data Privacy. The report must be submitted as required under section 3.195, except new text end 19.4 new text begin that printed copies are not required. new text end 19.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective on the date of implementation of the new text end 19.6 new text begin driver's license portion of the Minnesota licensing and registration system. The commissioner new text end 19.7 new text begin shall notify the revisor of statutes on the date of implementation. new text end 19.8    Sec. 19. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to 19.9read: 19.10     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 by the new text end 19.11 new text begin commissioner for driver's license or Minnesota identification card records include retention new text end 19.12 new text begin of a physical copy or digital image of a birth certificate, the commissioner must: new text end 19.13 new text begin (1) notify a driver's license or identification card applicant of the retention procedure; new text end 19.14 new text begin and new text end 19.15 new text begin (2) allow the applicant, licensee, or identification cardholder to designate that the new text end 19.16 new text begin applicant, licensee, or identification cardholder's birth certificate physical copy or digital new text end 19.17 new text begin image must not be retained. new text end 19.18 new text begin (b) The commissioner must not retain a birth certificate if directed by an applicant, new text end 19.19 new text begin licensee, or identification cardholder under paragraph (a), clause (2), but must record and new text end 19.20 new text begin retain data on the birth certificate required under Code of Federal Regulations, title 6, section new text end 19.21 new text begin 37.31(c). new text end 19.22    Sec. 20. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to 19.23read: 19.24     new text begin Subd. 7b. new text end new text begin Data privacy; noncompliant license or identification card. new text end new text begin (a) The new text end 19.25 new text begin commissioner is prohibited from, with respect to noncompliant licenses or identification new text end 19.26 new text begin cards: new text end 19.27 new text begin (1) electronically disseminating outside the state data that is not disseminated as of the new text end 19.28 new text begin effective date of this act; or new text end 19.29 new text begin (2) utilizing any electronic validation or verification system accessible from or maintained new text end 19.30 new text begin outside of the state that is not in use as of the effective date of this act. new text end 20.1 new text begin (b) The limitations in paragraph (a) do not apply to the extent necessary to maintain new text end 20.2 new text begin compliance with the driver's license compact under section 171.50 and applicable federal new text end 20.3 new text begin law governing commercial drivers' licenses. new text end 20.4 new text begin (c) For purposes of this subdivision, "outside the state" includes federal agencies, states new text end 20.5 new text begin other than Minnesota, organizations operating under agreement among the states, and private new text end 20.6 new text begin entities. new text end 20.7    Sec. 21. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to 20.8read: 20.9     new text begin Subd. 7c. new text end new text begin Other data provisions. new text end new text begin (a) The commissioner must not share any data the new text end 20.10 new text begin department maintains under section 171.07, subdivision 13, with any federal agency, new text end 20.11 new text begin department, or entity for a use that would otherwise be permissible under United States new text end 20.12 new text begin Code, title 18, section 2721, or other law. new text end 20.13 new text begin (b) Data collected by government entities pursuant to sections 624.712 to 624.719 are new text end 20.14 new text begin classified under section 13.87, subdivision 2. new text end 20.15    Sec. 22. Minnesota Statutes 2016, section 171.27, is amended to read: 20.16171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION. 20.17(a) new text begin Except as otherwise provided in this section, new text end the expiration date for each driver's 20.18license, other than under-21 licenses, is the birthday of the driver in the fourth year following 20.19the date of issuance of the license. The birthday of the driver shall be as indicated on the 20.20application for a driver's license. A license may be renewed on or before expiration or within 20.21one year after expiration upon application, payment of the required fee, and passing the 20.22examination required of all drivers for renewal. Driving privileges shall be extended or 20.23renewed on or preceding the expiration date of an existing driver's license unless the 20.24commissioner believes that the licensee is no longer qualified as a driver. 20.25(b) The expiration date for each under-21 license shall be the 21st birthday of the licensee. 20.26Upon the licensee attaining the age of 21 and upon the application, payment of the required 20.27fee, and passing the examination required of all drivers for renewal, a driver's license shall 20.28be issued unless the commissioner determines that the licensee is no longer qualified as a 20.29driver. 20.30(c) The expiration date for each provisional license is two years after the date of 20.31application for the provisional license. 21.1 new text begin (d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued to a new text end 21.2 new text begin person with temporary lawful status is the last day of the person's legal stay in the United new text end 21.3 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 21.4(d) new text begin (e) new text end Any valid Minnesota driver's license issued to a person then or subsequently 21.5serving outside Minnesota in active military service, as defined in section 190.05, subdivision 21.65 , in any branch or unit of the armed forces of the United States, or the person's spouse, 21.7shall continue in full force and effect without requirement for renewal until the date one 21.8year following the service member's separation or discharge from active military service, 21.9and until the license holder's birthday in the fourth full year following the person's most 21.10recent license renewal or, in the case of a provisional license, until the person's birthday in 21.11the third full year following the renewal. 21.12    Sec. 23. new text begin REAL ID ACT IMPLEMENTATION. new text end 21.13     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 REAL new text end 21.14 new text begin ID Act of 2005, Public Law 109-13, Division B. new text end 21.15     new text begin Subd. 2. new text end new text begin Implementation; deadline. new text end new text begin The commissioner of public safety must begin new text end 21.16 new text begin issuing drivers' licenses and Minnesota identification cards that fully comply with the REAL new text end 21.17 new text begin ID Act no later than October 1, 2018. The commissioner shall submit a notification of the new text end 21.18 new text begin specific full compliance implementation date to: the chairs and ranking minority members new text end 21.19 new text begin of the legislative committees with jurisdiction over transportation policy and finance, public new text end 21.20 new text begin safety, and data practices; the revisor of statutes; and the Legislative Commission on Data new text end 21.21 new text begin Practices and Personal Data Privacy. new text end 21.22     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 Act new text end 21.23 new text begin requirements as provided in this act, the commissioner of public safety is prohibited from new text end 21.24 new text begin requiring renewal or reissuance of a driver's license or Minnesota identification card earlier new text end 21.25 new text begin than required under the regular issuance time period. Nothing in this subdivision prevents new text end 21.26 new text begin suspension, cancellation, or revocation as provided in Minnesota Statutes, chapter 171. new text end 21.27     new text begin Subd. 4. new text end new text begin Optional early reissuance and expiration date extension. new text end new text begin (a) For purposes new text end 21.28 new text begin of this subdivision, "full compliance date" means the date when full compliance with the new text end 21.29 new text begin REAL ID Act is required and no extensions are in effect for federal acceptance of new text end 21.30 new text begin Minnesota-issued licenses and identification cards for official purposes, as most recently new text end 21.31 new text begin specified by the United States Department of Homeland Security under Code of Federal new text end 21.32 new text begin Regulations, title 6, part 37. new text end 22.1 new text begin (b) For purposes of this subdivision, "eligible applicant" means an applicant for a REAL new text end 22.2 new text begin ID-compliant driver's license or identification card who: new text end 22.3 new text begin (1) holds a valid Minnesota driver's license or Minnesota identification card that: new text end 22.4 new text begin (i) was issued prior to the date Minnesota commenced issuing REAL ID-compliant new text end 22.5 new text begin licenses and Minnesota identification cards; and new text end 22.6 new text begin (ii) either (A) has an expiration date that is after the full compliance date; or (B) does new text end 22.7 new text begin not have an expiration date as provided under Minnesota Statutes, section 171.07, subdivision new text end 22.8 new text begin 4; new text end 22.9 new text begin (2) submits the license or identification card application no later than October 31, 2020; new text end 22.10 new text begin and new text end 22.11 new text begin (3) is otherwise eligible to obtain the license or identification card under Minnesota new text end 22.12 new text begin Statutes, chapter 171. new text end 22.13 new text begin (c) For the first instance of issuing a REAL ID-compliant driver's license to an eligible new text end 22.14 new text begin applicant, the expiration date as provided in Minnesota Statutes, section 171.27, paragraph new text end 22.15 new text begin (a), is extended by two years, notwithstanding the requirements of that section. new text end 22.16 new text begin (d) For the first instance of issuing a REAL ID-compliant identification card to an eligible new text end 22.17 new text begin applicant, the expiration date as provided in Minnesota Statutes, section 171.07, subdivision new text end 22.18 new text begin 4, paragraph (a), is extended by two years, notwithstanding the requirements of that section. new text end 22.19 new text begin (e) The expiration date extension under paragraphs (c) and (d) does not apply to: new text end 22.20 new text begin (1) issuance of a new driver's license or Minnesota identification card; new text end 22.21 new text begin (2) issuance or renewal of a noncompliant license or identification card, as defined in new text end 22.22 new text begin Minnesota Statutes, section 171.01, subdivision 41a; new text end 22.23 new text begin (3) issuance or renewal of an enhanced driver's license or enhanced identification card; new text end 22.24 new text begin (4) reinstatement of a canceled, suspended, or revoked license; new text end 22.25 new text begin (5) a driver's license subject to Minnesota Statutes, section 171.27, paragraphs (b) to new text end 22.26 new text begin (d); and new text end 22.27 new text begin (6) a Minnesota identification card subject to Minnesota Statutes, section 171.07, new text end 22.28 new text begin subdivision 4, paragraphs (b) to (e). new text end 23.1    Sec. 24. new text begin RULEMAKING. new text end 23.2 new text begin The commissioner of public safety may adopt rules and amend existing Minnesota Rules new text end 23.3 new text begin using the expedited rulemaking process in section 14.389 only to the extent necessary to new text end 23.4 new text begin implement the technical aspects of the tiered license program required by this act to issue: new text end 23.5 new text begin (1) drivers' licenses and Minnesota identification cards that are acceptable for federal new text end 23.6 new text begin identification under the REAL ID Act; and new text end new text begin new text end 23.7 new text begin (2) drivers' licenses and Minnesota identification cards that are not acceptable for federal new text end 23.8 new text begin identification, but comply with Code of Federal Regulations, title 6, section 37.71, state new text end 23.9 new text begin law, and applicable provisions of this act. new text end 23.10 new text begin The grant of expedited rulemaking under this section does not authorize the commissioner new text end 23.11 new text begin of public safety to adopt rules or amend existing Minnesota Rules regarding the necessary new text end 23.12 new text begin documentation required to obtain any license, permit, or card from the department. new text end new text begin new text end 23.13 new text begin The grant of expedited rulemaking under this section expires on October 31, 2018, or upon new text end 23.14 new text begin publication of the notice of adoption in the State Register, whichever occurs earlier. new text end 23.15 new text begin Notwithstanding Minnesota Statutes, section 14.05, subdivision 1, rules adopted pursuant new text end 23.16 new text begin to this grant of rulemaking authority may continue to be enforced. new text end 23.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.18    Sec. 25. new text begin APPROPRIATION. new text end 23.19 new text begin $3,270,000 in fiscal year 2019 is appropriated from the driver services operating account new text end 23.20 new text begin in the special revenue fund to the commissioner of public safety for implementation and new text end 23.21 new text begin conformity with the requirements of the REAL ID Act of 2005, Public Law 109-13, Division new text end 23.22 new text begin B, as provided under this act. This is a onetime appropriation. new text end 23.23    Sec. 26. new text begin REVISOR'S INSTRUCTION. new text end 23.24 new text begin The revisor of statutes shall renumber Minnesota Statutes, section 171.06, subdivision new text end 23.25 new text begin 3, paragraphs (d) and (e), as Minnesota Statutes, section 171.06, subdivision 3b, paragraphs new text end 23.26 new text begin (d) and (e). The revisor shall also make any necessary cross-reference changes consistent new text end 23.27 new text begin with the renumbering. new text end 23.28    Sec. 27. new text begin CONTINGENT REPEALER. new text end 23.29 new text begin If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed or if the new text end 23.30 new text begin definition of "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, new text end 23.31 new text begin the provisions of this act become null and void on June 30 of the following year. On June new text end 24.1 new text begin 30 in the year after the repeal or amendment, the commissioner of the Department of Public new text end 24.2 new text begin Safety must stop issuing REAL ID compliant driver's licenses and identification cards. new text end 24.3 new text begin Within 90 days of the federal repeal or amendment, the commissioner must submit a report, new text end 24.4 new text begin including proposed legislative changes, to repeal all aspects of this act to the chairs and new text end 24.5 new text begin ranking minority members of the legislative committees with jurisdiction over transportation new text end 24.6 new text begin policy and finance, public safety, and data practices; the revisor of statutes; and the new text end 24.7 new text begin Legislative Commission on Data Practices and Personal Data Privacy. new text end 24.8    Sec. 28. new text begin REPEALER. new text end 24.9 new text begin Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1, new text end new text begin is new text end 24.10 new text begin repealed. new text end 24.11    Sec. 29. new text begin EFFECTIVE DATE. new text end 24.12 new text begin Except as specifically provided otherwise, this act is effective the day following final new text end 24.13 new text begin enactment. Sections 1 to 23 apply for application and issuance of drivers' licenses and new text end 24.14 new text begin Minnesota identification cards on and after the full compliance implementation date under new text end 24.15 new text begin section 23, subdivision 2. new text end