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HF 3

5th Engrossment - 90th Legislature (2017 - 2018) Posted on 06/21/2017 11:01am

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Current Version - 5th Engrossment

A bill for an act
relating to transportation; authorizing and governing implementation of compliance
with federal REAL ID Act requirements; modifying and adding various
requirements governing issuance of driver's licenses and Minnesota identification
cards; providing for data practices; requiring a report; appropriating money;
amending Minnesota Statutes 2016, sections 171.01, by adding subdivisions;
171.017; 171.04, by adding a subdivision; 171.06, subdivisions 1, 2, 3, by adding
a subdivision; 171.061, subdivision 3; 171.07, subdivisions 1, 3, 4, 9a; 171.071,
subdivision 3; 171.072; 171.12, by adding subdivisions; 171.27; proposing coding
for new law in Minnesota Statutes, chapter 171; repealing Laws 2009, chapter 92,
section 1, as amended.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision
to read:


Subd. 41a.

Noncompliant license; noncompliant identification card.

"Noncompliant
license," "noncompliant identification card," or "noncompliant license or identification
card," means a driver's license or Minnesota identification card issued under section 171.019,
subdivision 2, paragraph (b).

Sec. 2.

Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to
read:


Subd. 45b.

REAL ID Act.

"REAL ID Act" means the REAL ID Act of 2005, Public
Law 109-13, Division B.

Sec. 3.

Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to
read:


Subd. 48b.

Temporary lawful status.

"Temporary lawful status" has the meaning given
in Code of Federal Regulations, title 6, section 37.3.

Sec. 4.

Minnesota Statutes 2016, section 171.017, is amended to read:


171.017 BACKGROUND INVESTIGATIONS; DEPARTMENT DRIVER'S
LICENSE AGENTS AND CERTAIN
EMPLOYEES.

Subdivision 1.

Background checks authorized.

The commissioner shall must investigate
the criminal history background of any driver's license agent and any current or prospective
employees of the department or driver's license agent being considered for any position
with the department that has or will have the ability to:

(1) the ability to create or modify records of applicants for identification cards and
driver's licenses, including
enhanced drivers' driver's licenses under section 171.01,
subdivision 31a
, or
and enhanced identification cards under section 171.01, subdivision
31b
;

(2) the ability to issue enhanced drivers' driver's licenses under section 171.01, subdivision
31a,
or enhanced identification cards under section 171.01, subdivision 31b ; or

(3) the ability to administer knowledge or skills tests under section 171.13 to an applicant
for a commercial driver's license.

Subd. 2.

Procedure.

(a) The commissioner must request a criminal history background
check from the superintendent of the Bureau of Criminal Apprehension on all individuals
specified in subdivision 1. A request under this section must be accompanied by an executed
criminal history consent form, including fingerprints, signed by the agent or the current or
prospective employee being investigated.

(b) After receiving a request under paragraph (a), the superintendent of the Bureau of
Criminal Apprehension shall perform the background check required under subdivision 1.
The superintendent shall retrieve criminal history data as defined in section 13.87, conduct
a search of the national criminal records repository, and provide wants and warrant
information from federal and state repositories. The superintendent is authorized to exchange
fingerprints with the Federal Bureau of Investigation for purposes of the criminal history
check. The superintendent shall return the results of the background checks to the
commissioner to determine whether:

(1) the agent, employee, or applicant for employment specified in subdivision 1, clause
(1) or (2), has committed a disqualifying crime under Code of Federal Regulations, title 49,
section 1572.103; or

(2) the employee or applicant for employment specified in subdivision 1, clause (3), has
a conviction of the type specified by Code of Federal Regulations, title 49, section 384.228(j).

(c) The superintendent shall recover the cost to the bureau of a bureau's background
check cost for the person on whom the background check is performed through a fee charged
to the commissioner or the driver's license agent who requested the background check.

Subd. 3.

Notification by other criminal justice agencies.

Criminal justice agencies,
as defined by section 13.02, subdivision 3a, shall provide the commissioner with information
they possess and that the commissioner requires for the purposes of determining the
employment suitability of current or prospective employees subject to this section.

Subd. 4.

Annual background checks in certain instances.

Consistent with Code of
Federal Regulations, title 49, section 384.228, the commissioner shall request and the
superintendent shall conduct annual background checks for the department employees
specified in subdivision 1, clause (3). Annual background checks under this subdivision
shall must be performed in a manner consistent with subdivisions 2 and 3.

Sec. 5.

[171.019] REAL ID ACT CONFORMITY; LIMITATIONS.

Subdivision 1.

Definition.

For purposes of this section, "federal change" means a
modification or addition to REAL ID Act requirements, made by the federal government
after the effective date of this act, with respect to: legal requirements; processes; policies
and procedures; or data collection, storage, and dissemination. Federal change includes but
is not limited to a modification:

(1) in what constitutes an official purpose under Code of Federal Regulations, title 6,
part 37;

(2) in the machine-readable technology standards for a license or Minnesota identification
card;

(3) in the information provided on the face of the license or Minnesota identification
card;

(4) that relates to dissemination of state-provided data to or among federal agencies,
other states, organizations operating under agreement among the states, or private entities;
or

(5) that imposes an identifiable cost for the state of Minnesota.

Subd. 2.

License and Minnesota identification card options.

(a) The commissioner
must establish a license and a Minnesota identification card that meets the requirements of
the REAL ID Act, including but not limited to documentation requirements, administrative
processes, electronic validation or verification of data, and card design and marking, as
provided under this chapter.

(b) The commissioner must establish a license and Minnesota identification card that:

(1) is not acceptable for federal identification under the REAL ID Act, but complies
with Code of Federal Regulations, title 6, section 37.71; and

(2) meets the requirements under this chapter, including but not limited to section 171.12,
subdivision 7b.

(c) The commissioner must establish an enhanced driver's license or enhanced
identification card as provided in this chapter.

Subd. 3.

Limitations.

Compliance under subdivision 2, paragraph (a), is limited to those
requirements of the REAL ID Act and any rules or regulations promulgated pursuant to the
REAL ID Act in effect as of the effective date of this act. The commissioner may not take
any action to implement or meet the requirements of a federal change.

Subd. 4.

Legislative notification.

(a) Upon identification of an impending or completed
federal change, the commissioner must notify the chairs and ranking minority members of
the legislative committees having jurisdiction over transportation policy and finance, public
safety, and data practices, and the Legislative Commission on Data Practices and Personal
Data Privacy. Notification must be submitted as required under section 3.195, except that
printed copies are not required.

(b) Notification under this subdivision must include a review of the federal change, an
initial analysis of data practices impacts, and any preliminary estimates of implementation
costs, including the availability of additional federal funds.

Subd. 5.

Statutory construction.

(a) Unless specifically provided otherwise, a driver's
license, instruction permit, or provisional license includes any noncompliant license. Unless
specifically provided otherwise, a Minnesota identification card includes any noncompliant
identification card.

(b) A noncompliant license does not include an enhanced driver's license, and a
noncompliant identification card does not include an enhanced identification card.

Sec. 6.

Minnesota Statutes 2016, section 171.04, is amended by adding a subdivision to
read:


Subd. 5.

Temporary lawful admission.

The commissioner is prohibited from issuing
a driver's license or Minnesota identification card to an applicant whose lawful temporary
admission period, as demonstrated under section 171.06, subdivision 3, paragraph (b),
expires within 30 days of the date of the application.

Sec. 7.

Minnesota Statutes 2016, section 171.06, subdivision 1, is amended to read:


Subdivision 1.

Forms of Application format and requirements.

Every application for
a Minnesota identification card, for including an enhanced identification card, or for a
driver's license including
for an instruction permit, for a provisional license, for a driver's
license, or for
and an enhanced driver's license, must be made in a format approved by the
department, and . Every application must be accompanied by payment of the proper fee. All
first-time applications and change-of-status applications must be signed in the presence of
the person authorized to accept the application, or the signature on the application may be
verified by a notary public.
All applicants must sign the application and declare, under
penalty of perjury, that the information and documentation presented in the application is
true and correct.
All applications requiring evidence of legal presence in the United States
or United States citizenship must be signed in the presence of the person authorized to accept
the application, or the signature on the application may be verified by a notary public.

Sec. 8.

Minnesota Statutes 2016, section 171.06, subdivision 2, is amended to read:


Subd. 2.

Fees.

(a) The fees for a license and Minnesota identification card are as follows:

REAL ID Compliant or
Noncompliant
Classified
Driver's License
D-$17.25
C-$21.25
B-$28.25
A-$36.25
REAL ID Compliant or
Noncompliant
Classified
Under-21 D.L.
D-$17.25
C-$21.25
B-$28.25
A-$16.25
Enhanced Driver's License
D-$32.25
C-$36.25
B-$43.25
A-$51.25
REAL ID Compliant or
Noncompliant
Instruction
Permit
$5.25
Enhanced Instruction
Permit
$20.25
Commercial Learner's
Permit
$2.50
REAL ID Compliant or
Noncompliant
Provisional
License
$8.25
Enhanced Provisional
License
$23.25
Duplicate REAL ID
Compliant or Noncompliant
License or duplicate REAL
ID Compliant or
Noncompliant
identification
card
$6.75
Enhanced Duplicate
License or enhanced
duplicate identification card
$21.75
REAL ID Compliant or
Noncompliant
Minnesota
identification card or REAL
ID Compliant or
Noncompliant
Under-21
Minnesota identification
card, other than duplicate,
except as otherwise
provided in section 171.07,
subdivisions 3
and 3a
$11.25
Enhanced Minnesota
identification card
$26.25

In addition to each fee required in this paragraph, the commissioner shall collect a surcharge
of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016.
Surcharges collected under this paragraph must be credited to the driver and vehicle services
technology account in the special revenue fund under section 299A.705.

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related, shall have
a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
has the meaning given it in section 171.04, subdivision 1.

(c) In addition to the driver's license fee required under paragraph (a), the commissioner
shall collect an additional $4 processing fee from each new applicant or individual renewing
a license with a school bus endorsement to cover the costs for processing an applicant's
initial and biennial physical examination certificate. The department shall not charge these
applicants any other fee to receive or renew the endorsement.

(d) In addition to the fee required under paragraph (a), a driver's license agent may charge
and retain a filing fee as provided under section 171.061, subdivision 4.

(e) In addition to the fee required under paragraph (a), the commissioner shall charge a
filing fee at the same amount as a driver's license agent under section 171.061, subdivision
4. Revenue collected under this paragraph must be deposited in the driver services operating
account.

(f) An application for a Minnesota identification card, instruction permit, provisional
license, or driver's license, including an application for renewal, must contain a provision
that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes
of public information and education on anatomical gifts under section 171.075.

Sec. 9.

Minnesota Statutes 2016, section 171.06, subdivision 3, is amended to read:


Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

(2) as may be required by the commissioner, contain a description of the applicant and
any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant does not have is not eligible for a Social Security
number;

(4) in the case of an application for an enhanced driver's license or enhanced identification
card, present:

(i) proof satisfactory to the commissioner of the applicant's full legal name, United States
citizenship, identity, date of birth, Social Security number, and residence address; and

(ii) a photographic identity document;

(5) contain a space where the applicant may indicate a desire to make an anatomical gift
according to paragraph (b);

(6) (4) contain a notification to the applicant of the availability of a living will/health
care directive designation on the license under section 171.07, subdivision 7; and

(7) (5) contain a space spaces where the applicant may:

(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;

(ii) indicate a desire to make an anatomical gift under paragraph (d); and

(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c
.

(b) Applications must be accompanied by satisfactory evidence demonstrating:

(1) identity, date of birth, and any legal name change if applicable; and

(2) for driver's licenses and Minnesota identification cards that meet all requirements of
the REAL ID Act:

(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;

(ii) Social Security number, or related documentation as applicable; and

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:

(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and

(2) a photographic identity document.

(b) (d) If the applicant does not indicate a desire to make an anatomical gift when the
application is made, the applicant must be offered a donor document in accordance with
section 171.07, subdivision 5. The application must contain statements sufficient to comply
with the requirements of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter
525A, so that execution of the application or donor document will make the anatomical gift
as provided in section 171.07, subdivision 5, for those indicating a desire to make an
anatomical gift. The application must be accompanied by information describing Minnesota
laws regarding anatomical gifts and the need for and benefits of anatomical gifts, and the
legal implications of making an anatomical gift, including the law governing revocation of
anatomical gifts. The commissioner shall distribute a notice that must accompany all
applications for and renewals of a driver's license or Minnesota identification card. The
notice must be prepared in conjunction with a Minnesota organ procurement organization
that is certified by the federal Department of Health and Human Services and must include:

(1) a statement that provides a fair and reasonable description of the organ donation
process, the care of the donor body after death, and the importance of informing family
members of the donation decision; and

(2) a telephone number in a certified Minnesota organ procurement organization that
may be called with respect to questions regarding anatomical gifts.

(c) (e) The application must be accompanied also by information containing relevant
facts relating to:

(1) the effect of alcohol on driving ability;

(2) the effect of mixing alcohol with drugs;

(3) the laws of Minnesota relating to operation of a motor vehicle while under the
influence of alcohol or a controlled substance; and

(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests for
alcohol-related violations.

Sec. 10.

Minnesota Statutes 2016, section 171.06, is amended by adding a subdivision to
read:


Subd. 3b.

Information for applicants.

(a) The commissioner must develop summary
information on identity document options. The summary information must be available on
the department's Web site and at every location where a person may apply for an enhanced,
REAL ID compliant, or noncompliant driver's license or identification card.

(b) The summary information must, at a minimum, include:

(1) each available type of driver's license and Minnesota identification card, including
a noncompliant license or identification card, an enhanced driver's license, and an enhanced
identification card;

(2) the official purposes of and limitations on use for each type of driver's license and
Minnesota identification card; and

(3) an overview of data shared outside the state, including through electronic validation
or verification systems, as part of the application and issuance of each type.

(c) The commissioner must ensure that the summary information is available to driver's
license and identification card applicants. Renewal notifications mailed to driver's license
and identification card holders must include the Web site address that displays the summary
information.

(d) An applicant for an enhanced or noncompliant license or identification card must
sign an acknowledgment that the applicant understands the limitations on use of the license
or card.

Sec. 11.

[171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE.

Subdivision 1.

Scope and application.

This section applies only to driver's licenses and
Minnesota identification cards that meet all requirements of the REAL ID Act. Except as
otherwise provided under this section, the requirements of Minnesota Rules, chapter 7410,
or successor rules, apply.

Subd. 2.

Evidence; identity; date of birth.

(a) Only the following is satisfactory evidence
of an applicant's identity and date of birth under section 171.06, subdivision 3, paragraph
(b):

(1) a driver's license or identification card that:

(i) complies with all requirements of the REAL ID Act;

(ii) is not designated as temporary or limited term; and

(iii) is current or has been expired for five years or less;

(2) a valid, unexpired United States passport, including a passport booklet or passport
card, issued by the United States Department of State;

(3) a certified copy of a birth certificate issued by a government bureau of vital statistics
or equivalent agency in the applicant's state of birth, which must bear the raised or authorized
seal of the issuing government entity;

(4) a consular report of birth abroad, certification of report of birth, or certification of
birth abroad, issued by the United States Department of State, Form FS-240, DS-1350, or
FS-545;

(5) a valid, unexpired permanent resident card issued by the United States Department
of Homeland Security or the former Immigration and Naturalization Service of the United
States Department of Justice, Form I-551;

(6) a certificate of naturalization issued by the United States Department of Homeland
Security, Form N-550 or Form N-570;

(7) a certificate of citizenship issued by the United States Department of Homeland
Security, Form N-560 or Form N-561;

(8) an unexpired employment authorization document issued by the United States
Department of Homeland Security, Form I-766 or Form I-688B;

(9) a valid, unexpired passport issued by a foreign country and a valid, unexpired United
States visa accompanied by documentation of the applicant's most recent lawful admittance
into the United States;

(10) a document as designated by the United States Department of Homeland Security
under Code of Federal Regulations, title 6, part 37.11(c)(1)(x);

(11) a copy of the applicant's certificate of marriage certified by the issuing government
jurisdiction;

(12) a certified copy of a court order that specifies the applicant's name change; or

(13) a certified copy of a divorce decree or dissolution of marriage that specifies the
applicant's name change, issued by a court.

(b) A document under paragraph (a) must be legible and unaltered.

Subd. 3.

Evidence; lawful status.

Only a form of documentation identified under
subdivision 2 or a document issued by a federal agency that demonstrates the applicant's
lawful status are satisfactory evidence of an applicant's lawful status under section 171.06,
subdivision 3, paragraph (b), clause (2).

Subd. 4.

Evidence; Social Security number.

The following is satisfactory evidence of
an applicant's Social Security number or related documentation under section 171.06,
subdivision 3, paragraph (b):

(1) a Social Security card;

(2) if a Social Security card is not available:

(i) a federal Form W-2;

(ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's Social
Security number; or

(iii) a computer-printed United States employment pay stub with the applicant's name,
address, and Social Security number; or

(3) for an applicant who provides a passport under subdivision 2, paragraph (a), clause
(9), documentation demonstrating nonwork authorized status.

Subd. 5.

Evidence; residence in Minnesota.

Submission of two forms of documentation
from the following is satisfactory evidence of an applicant's principal residence address in
Minnesota under section 171.06, subdivision 3, paragraph (b):

(1) a home utility services bill issued no more than 90 days before the application,
provided that the commissioner must not accept a United States home utility bill if two
unrelated people are listed on the bill;

(2) a home utility services hook-up work order issued no more than 90 days before the
application, provided that the commissioner must not accept a home utility services hook-up
work order if two unrelated people are listed on the work order;

(3) United States financial information issued no more than 90 days before the application,
with account numbers redacted, including:

(i) a bank account statement;

(ii) a canceled check; or

(iii) a credit card statement;

(4) a United States high school identification card with a certified transcript from the
school, if issued no more than 180 days before the application;

(5) a Minnesota college or university identification card with a certified transcript from
the college or university, if issued no more than 180 days before the application;

(6) an employment pay stub issued no more than 90 days before the application that lists
the employer's name, address, and telephone number;

(7) a Minnesota unemployment insurance benefit statement issued no more than 90 days
before the application;

(8) a statement from a housing with services building registered under chapter 144D,
nursing home licensed under chapter 144A, or a boarding care facility licensed under sections
144.50 to 144.56, that was issued no more than 90 days before the application;

(9) a life, health, automobile, homeowner's, or renter's insurance policy issued no more
than 90 days before the application, provided that the commissioner must not accept a proof
of insurance card;

(10) a federal or state income tax return or statement for the most recent tax filing year;

(11) a Minnesota property tax statement for the current year that shows the applicant's
principal residential address both on the mailing portion and the portion stating what property
is being taxed;

(12) a Minnesota vehicle certificate of title, if issued no more than 12 months before the
application;

(13) a filed property deed or title for current residence, if issued no more than 12 months
before the application;

(14) a Supplemental Security Income award statement issued no more than 12 months
before the application;

(15) mortgage documents for the applicant's principal residence;

(16) a residential lease agreement for the applicant's principal residence issued no more
than 12 months before the application;

(17) a valid driver's license, including an instruction permit, issued under this chapter;

(18) a valid Minnesota identification card;

(19) an unexpired Minnesota professional license;

(20) an unexpired Selective Service card; or

(21) military orders that are still in effect at the time of application.

(b) A document under paragraph (a) must include the applicant's name and an address
in Minnesota.

Subd. 6.

Exceptions process.

(a) The commissioner may grant a variance from the
requirements of this section as provided under Minnesota Rules, part 7410.0600, or successor
rules, for evidence of:

(1) identity or date of birth under subdivision 2;

(2) lawful status under subdivision 3, only for demonstration of United States citizenship;

(3) Social Security number under subdivision 4; and

(4) residence in Minnesota under subdivision 5.

(b) The commissioner must not grant a variance for an applicant having a lawful
temporary admission period.

Sec. 12.

Minnesota Statutes 2016, section 171.061, subdivision 3, is amended to read:


Subd. 3.

Application.

An applicant may file an application with an agent. The agent
shall receive and accept applications in accordance with the laws and rules of the Department
of Public Safety for a noncompliant driver's license, or identification card; an enhanced
driver's license or identification card; a REAL ID compliant driver's license or identification
card;
restricted license, ; duplicate license, ; instruction permit, Minnesota identification
card,
; or motorized bicycle operator's permit.

Sec. 13.

Minnesota Statutes 2016, section 171.07, subdivision 1, is amended to read:


Subdivision 1.

License; contents and design.

(a) Upon the payment of the required fee,
the department shall issue to every qualifying applicant a license designating the type or
class of vehicles the applicant is authorized to drive as applied for. This license must bear:
(1)
a distinguishing number assigned to the licensee; (2) the licensee's full name and date
of birth; (3) either (1) (i) the licensee's residence address, or (2) (ii) the designated address
under section 5B.05; (4) a description of the licensee in a manner as the commissioner
deems necessary; and (5) the usual signature of the licensee; and (6) designations and
markings as provided in this section
. No license is valid unless it bears the usual signature
of the licensee. Every license must bear a colored photograph or an electronically produced
image of the licensee.

(b) If the United States Postal Service will not deliver mail to the applicant's residence
address as listed on the license, then the applicant shall provide verification from the United
States Postal Service that mail will not be delivered to the applicant's residence address and
that mail will be delivered to a specified alternate mailing address. When an applicant
provides an alternate mailing address under this subdivision, the commissioner shall use
the alternate mailing address in lieu of the applicant's residence address for all notices and
mailings to the applicant.

(c) Every license issued to an applicant under the age of 21 must be of a distinguishing
color and plainly marked "Under-21."

(d) The department shall use processes in issuing a license that prohibit, as nearly as
possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
photograph or electronically produced image on a license, without ready detection.

(e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
requested by the applicant.

(e) Except for an enhanced driver's license or a noncompliant license, a license must
bear a distinguishing indicator for compliance with requirements of the REAL ID Act.

(f) A noncompliant license must:

(1) be marked "not for federal identification" on the face and in the machine-readable
portion; and

(2) have a unique design or color indicator.

(g) A license issued to a person with temporary lawful status must be marked "temporary"
on the face and in the machine-readable portion.

(h) A license must display the licensee's full name or no fewer than 39 characters of the
name. Any necessary truncation must begin with the last character of the middle name and
proceed through the second letter of the middle name, followed by the last character of the
first name and proceeding through the second letter of the first name.

Sec. 14.

Minnesota Statutes 2016, section 171.07, subdivision 3, is amended to read:


Subd. 3.

Identification card; content and design; fee.

(a) Upon payment of the required
fee, the department shall issue to every qualifying applicant a Minnesota identification card.
The department may not issue a Minnesota identification card to an individual who has a
driver's license, other than a limited license. The department may not issue an enhanced
identification card to an individual who is under 16 years of age, not a resident of this state,
or not a citizen of the United States of America. The card must bear: (1) a distinguishing
number assigned to the applicant; (2) a colored photograph or an electronically produced
image of the applicant; (3) the applicant's full name and date of birth; (4) either (1) (i) the
licensee's residence address, or (2) (ii) the designated address under section 5B.05; (5) a
description of the applicant in the manner as the commissioner deems necessary; and (6)
the usual signature of the applicant; and (7) designations and markings provided under this
section
.

(b) If the United States Postal Service will not deliver mail to the applicant's residence
address as listed on the Minnesota identification card, then the applicant shall provide
verification from the United States Postal Service that mail will not be delivered to the
applicant's residence address and that mail will be delivered to a specified alternate mailing
address. When an applicant provides an alternate mailing address under this subdivision,
the commissioner shall use the alternate mailing address in lieu of the applicant's residence
address for all notices and mailings to the applicant.

(c) Each identification card issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) Each Minnesota identification card must be plainly marked "Minnesota identification
card - not a driver's license."

(e) Except for an enhanced identification card or a noncompliant identification card, a
Minnesota identification card must bear a distinguishing indicator for compliance with
requirements of the REAL ID Act.

(f) A noncompliant identification card must:

(1) be marked "not for federal identification" on the face and in the machine-readable
portion; and

(2) have a unique design or color indicator.

(g) A Minnesota identification card issued to a person with temporary lawful status must
be marked "temporary" on the face and in the machine-readable portion.

(h) A Minnesota identification card must display the cardholder's full name or no fewer
than 39 characters of the name. Any necessary truncation must begin with the last character
of the middle name and proceed through the second letter of the middle name, followed by
the last character of the first name and proceeding through the second letter of the first name.

(e) (i) The fee for a Minnesota identification card is 50 cents when issued to a person
who is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically
disabled person, as defined in section 169.345, subdivision 2; or, a person with mental
illness, as described in section 245.462, subdivision 20, paragraph (c).

Sec. 15.

Minnesota Statutes 2016, section 171.07, subdivision 4, is amended to read:


Subd. 4.

Identification card expiration.

(a) Except as otherwise provided in this
subdivision, the expiration date of a Minnesota identification cards of applicants under the
age of 65 shall be
card is the birthday of the applicant in the fourth year following the date
of issuance of the card.

(b) A Minnesota identification card issued to For an applicant age 65 or older shall be :

(1) the expiration date of a Minnesota identification card is the birthday of the applicant
in the eighth year following the date of issuance of the card; or

(2) a noncompliant identification card is valid for the lifetime of the applicant, except
that
.

(c) For the purposes of this paragraph (b), "Minnesota identification card" does not
include an enhanced identification card issued to an applicant age 65 or older.

(c) (d) The expiration date for an Under-21 identification card is the cardholder's 21st
birthday. The commissioner shall issue an identification card to a holder of an Under-21
identification card who applies for the card, pays the required fee, and presents proof of
identity and age, unless the commissioner determines that the applicant is not qualified for
the identification card.

(e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification card
issued to a person with temporary lawful status is the last day of the person's legal stay in
the United States, or one year after issuance if the last day of the person's legal stay is not
identified.

Sec. 16.

Minnesota Statutes 2016, section 171.07, subdivision 9a, is amended to read:


Subd. 9a.

Security for enhanced driver's license and identification card features.

An enhanced (a) A driver's license or enhanced identification card must include reasonable
security measures to: prevent forgery, alteration, reproduction, and counterfeiting; facilitate
detection of fraud; prohibit the ability to superimpose a photograph or electronically produced
image;
and to protect against unauthorized disclosure of personal information regarding
residents of this state that is
contained in the enhanced driver's license or enhanced
identification card. The enhanced driver's license must include the best available
anticounterfeit laminate technology.

The (b) An enhanced driver's license or enhanced identification card may include radio
frequency identification technology that is limited to a randomly assigned number, which
must be encrypted if agreed to by the United States Department of Homeland Security and
does not include biometric data or any information other than the citizenship status of the
license holder or cardholder. The commissioner shall ensure that the radio frequency
identification technology is secure from unauthorized data access. An applicant must sign
an acknowledgment of understanding of the radio frequency identification technology and
its use for the sole purpose of verifying United States citizenship before being issued an
enhanced driver's license or an enhanced identification card.

Sec. 17.

Minnesota Statutes 2016, section 171.071, subdivision 3, is amended to read:


Subd. 3.

Exception Limitations.

Subdivision 1 applies only to a noncompliant license
or identification card.
Subdivisions 1 and 2 do not apply to the commissioner's requirements
pertaining to a photograph or electronically produced image on an enhanced driver's license
or an enhanced identification card.

Sec. 18.

Minnesota Statutes 2016, section 171.072, is amended to read:


171.072 TRIBAL IDENTIFICATION CARD.

(a) If a Minnesota identification card is deemed an acceptable form of identification in
Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of
identification. A tribal identification card is a primary document for purposes of Minnesota
Rules, part 7410.0400, and successor rules, when an applicant applies for a noncompliant
license or identification card
.

(b) For purposes of this section, "tribal identification card" means an unexpired
identification card issued by a Minnesota tribal government of a tribe recognized by the
Bureau of Indian Affairs, United States Department of the Interior, that contains the legal
name, date of birth, signature, and picture of the enrolled tribal member.

(c) The tribal identification card must contain security features that make it as impervious
to alteration as is reasonably practicable in its design and quality of material and technology.
The security features must use materials that are not readily available to the general public.
The tribal identification card must not be susceptible to reproduction by photocopying or
simulation and must be highly resistant to data or photograph substitution and other
tampering.

(d) The requirements of this section do not apply to : (1) except as provided in paragraph
(a), to an application for a driver's license or Minnesota identification card under this chapter;
or (2) to
tribal identification cards used to prove an individual's residence for purposes of
section 201.061, subdivision 3.

Sec. 19.

Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
read:


Subd. 1a.

Driver and vehicle services information system; security and auditing.

(a) The commissioner must establish written procedures to ensure that only individuals
authorized by law may enter, update, or access not public data collected, created, or
maintained by the driver and vehicle services information system. An authorized individual's
ability to enter, update, or access data in the system must correspond to the official duties
or training level of the individual and to the statutory authorization granting access for that
purpose. All queries and responses, and all actions in which data are entered, updated,
accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in
the audit trail are public to the extent the data are not otherwise classified by law.

(b) The commissioner must immediately and permanently revoke the authorization of
any individual who willfully entered, updated, accessed, shared, or disseminated data in
violation of state or federal law. If an individual willfully gained access to data without
authorization by law, the commissioner must forward the matter to the appropriate
prosecuting authority for prosecution.

(c) The commissioner must arrange for an independent biennial audit of the driver and
vehicle services information system to determine whether data currently in the system are
classified correctly, how the data are used, and to verify compliance with this subdivision.
The results of the audit are public. No later than 30 days following completion of the audit,
the commissioner must provide a report summarizing the audit results to the commissioner
of administration; the chairs and ranking minority members of the committees of the house
of representatives and the senate with jurisdiction over transportation policy and finance,
public safety, and data practices; and the Legislative Commission on Data Practices and
Personal Data Privacy. The report must be submitted as required under section 3.195, except
that printed copies are not required.

EFFECTIVE DATE.

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

Sec. 20.

Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
read:


Subd. 3c.

Record retention; birth certificates.

(a) If the procedures established by the
commissioner for driver's license or Minnesota identification card records include retention
of a physical copy or digital image of a birth certificate, the commissioner must:

(1) notify a driver's license or identification card applicant of the retention procedure;
and

(2) allow the applicant, licensee, or identification cardholder to designate that the
applicant, licensee, or identification cardholder's birth certificate physical copy or digital
image must not be retained.

(b) The commissioner must not retain a birth certificate if directed by an applicant,
licensee, or identification cardholder under paragraph (a), clause (2), but must record and
retain data on the birth certificate required under Code of Federal Regulations, title 6, section
37.31(c).

Sec. 21.

Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
read:


Subd. 7b.

Data privacy; noncompliant license or identification card.

(a) With respect
to noncompliant licenses or identification cards, the commissioner is prohibited from:

(1) electronically disseminating outside the state data that is not disseminated as of the
effective date of this act; or

(2) utilizing any electronic validation or verification system accessible from or maintained
outside of the state that is not in use as of the effective date of this act.

(b) The limitations in paragraph (a) do not apply to the extent necessary to maintain
compliance with the driver's license compact under section 171.50 and applicable federal
law governing commercial driver's licenses.

(c) For purposes of this subdivision, "outside the state" includes federal agencies, states
other than Minnesota, organizations operating under agreement among the states, and private
entities.

Sec. 22.

Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
read:


Subd. 7c.

Other data provisions.

(a) The commissioner must not share any data the
department maintains under section 171.07, subdivision 13, with any federal agency, federal
department, or federal entity for a use that would otherwise be permissible under United
States Code, title 18, section 2721, or other law.

(b) Data collected by government entities under sections 624.712 to 624.719 are classified
under section 13.87, subdivision 2.

Sec. 23.

Minnesota Statutes 2016, section 171.27, is amended to read:


171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.

(a) Except as otherwise provided in this section, the expiration date for each driver's
license, other than under-21 licenses, is the birthday of the driver in the fourth year following
the date of issuance of the license. The birthday of the driver shall be as indicated on the
application for a driver's license. A license may be renewed on or before expiration or within
one year after expiration upon application, payment of the required fee, and passing the
examination required of all drivers for renewal. Driving privileges shall be extended or
renewed on or preceding the expiration date of an existing driver's license unless the
commissioner believes that the licensee is no longer qualified as a driver.

(b) The expiration date for each under-21 license shall be the 21st birthday of the licensee.
Upon the licensee attaining the age of 21 and upon the application, payment of the required
fee, and passing the examination required of all drivers for renewal, a driver's license shall
be issued unless the commissioner determines that the licensee is no longer qualified as a
driver.

(c) The expiration date for each provisional license is two years after the date of
application for the provisional license.

(d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued to a
person with temporary lawful status is the last day of the person's legal stay in the United
States, or one year after issuance if the last day of the person's legal stay is not identified.

(d) (e) Any valid Minnesota driver's license issued to a person then or subsequently
serving outside Minnesota in active military service, as defined in section 190.05, subdivision
5
, in any branch or unit of the armed forces of the United States, or the person's spouse,
shall continue in full force and effect without requirement for renewal until the date one
year following the service member's separation or discharge from active military service,
and until the license holder's birthday in the fourth full year following the person's most
recent license renewal or, in the case of a provisional license, until the person's birthday in
the third full year following the renewal.

Sec. 24. REAL ID ACT IMPLEMENTATION.

Subdivision 1.

Definition.

For purposes of this section, "REAL ID Act" means the REAL
ID Act of 2005, Public Law 109-13, Division B.

Subd. 2.

Implementation; deadline.

The commissioner of public safety must begin
issuing driver's licenses and Minnesota identification cards that fully comply with the REAL
ID Act no later than October 1, 2018. The commissioner must notify the following individuals
and entities of the specific full compliance implementation date: the chairs and ranking
minority members of the legislative committees with jurisdiction over transportation policy
and finance, public safety, and data practices; the revisor of statutes; and the Legislative
Commission on Data Practices and Personal Data Privacy.

Subd. 3.

Mandatory reissuance prohibition.

When implementing the REAL ID Act
requirements as provided in this act, the commissioner of public safety is prohibited from
requiring renewal or reissuance of a driver's license or Minnesota identification card earlier
than required under the regular issuance time period. Nothing in this subdivision prevents
suspension, cancellation, or revocation as provided in Minnesota Statutes, chapter 171.

Subd. 4.

Early renewal and expiration date extension.

(a) For purposes of this
subdivision, "federal full compliance date" means the date when full compliance with the
REAL ID Act is federally required and no extensions are in effect for federal acceptance
of Minnesota-issued licenses and identification cards for official purposes, as most recently
specified by the United States Department of Homeland Security under Code of Federal
Regulations, title 6, part 37.

(b) For purposes of this subdivision, "eligible applicant" means an applicant for a REAL
ID compliant driver's license or identification card who:

(1) holds a valid Minnesota driver's license or Minnesota identification card that:

(i) was issued prior to the date Minnesota commenced issuing REAL ID compliant
licenses and Minnesota identification cards; and

(ii) either (A) has an expiration date that is after the federal full compliance date; or (B)
does not have an expiration date as provided under Minnesota Statutes, section 171.07,
subdivision 4;

(2) submits the license or identification card application no later than one year following
the federal full compliance date; and

(3) is otherwise eligible to obtain the license or identification card under Minnesota
Statutes, chapter 171.

(c) For the first instance of issuing a REAL ID compliant driver's license, the expiration
date is the birthday of the applicant in the fourth year following the date that the driver's
license would otherwise expire absent this subdivision, notwithstanding the requirements
of Minnesota Statutes, section 171.27, paragraph (a).

(d) For the first instance of issuing a REAL ID compliant identification card, the
expiration date is the birthday of the applicant in the fourth year following the date that the
identification card would otherwise expire absent this subdivision, notwithstanding the
requirements of Minnesota Statutes, section 171.07, subdivision 4, paragraph (a).

(e) A surcharge is imposed for early renewal under this subdivision. The surcharge is
in addition to the fees and surcharges under Minnesota Statutes, sections 171.06, subdivision
2; 171.061, subdivision 4; and 171.07, subdivisions 3 and 3a; or other law. The surcharge
is calculated based on the length of time otherwise remaining absent this subdivision until
expiration of the driver's license or identification card, as follows:

(1) $2 for a current expiration date of no more than 17 months from the date of application
under this subdivision;

(2) $4 for a current expiration date of 18 months to no more than 29 months; and

(3) $6 for a current expiration date of more than 29 months.

(f) This subdivision does not apply to:

(1) issuance of a new driver's license or Minnesota identification card;

(2) issuance or renewal of a noncompliant license or identification card, as defined in
Minnesota Statutes, section 171.01, subdivision 41a;

(3) issuance or renewal of an enhanced driver's license or enhanced identification card;

(4) reinstatement of a canceled, suspended, or revoked license;

(5) a driver's license subject to expiration under Minnesota Statutes, section 171.27,
paragraphs (b) to (d); or

(6) a Minnesota identification card subject to expiration under Minnesota Statutes, section
171.07, subdivision 4, paragraphs (b) to (e).

Sec. 25. REVISOR'S INSTRUCTION.

The revisor of statutes shall renumber Minnesota Statutes, section 171.06, subdivision
3, paragraphs (d) and (e), as Minnesota Statutes, section 171.06, subdivision 3b, paragraphs
(d) and (e). The revisor shall also make any necessary cross-reference changes consistent
with the renumbering.

Sec. 26. APPROPRIATION.

$3,270,000 in fiscal year 2019 is appropriated from the driver services operating account
in the special revenue fund to the commissioner of public safety for implementation and
conformity with the requirements of the REAL ID Act of 2005, Public Law 109-13, Division
B, as provided under this act. This is a onetime appropriation.

Sec. 27. CONTINGENT REPEALER.

If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed or if the
definition of "official purpose" in Code of Federal Regulations, title 6, part 37, is amended,
the provisions of this act become null and void on June 30 of the following year. On June
30 in the year after the repeal or amendment, the commissioner of the Department of Public
Safety must stop issuing REAL ID compliant driver's licenses and identification cards.
Within 90 days of the federal repeal or amendment, the commissioner must submit a report,
including proposed legislative changes, to repeal all aspects of this act to the chairs and
ranking minority members of the legislative committees with jurisdiction over transportation
policy and finance, public safety, and data practices; the revisor of statutes; and the
Legislative Commission on Data Practices and Personal Data Privacy.

Sec. 28. REPEALER.

Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1, is
repealed.

Sec. 29. EFFECTIVE DATE.

Except as specifically provided otherwise, this act is effective the day following final
enactment. Sections 1 to 24 apply for application and issuance of driver's licenses and
Minnesota identification cards on and after the full compliance implementation date under
section 24, subdivision 2.

APPENDIX

Repealed Minnesota Session Laws: H0003-5

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.

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700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569