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HF 3

3rd Unofficial Engrossment - 90th Legislature (2017 - 2018) Posted on 03/31/2017 08:07am

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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; appropriating money;amending Minnesota
1.6Statutes 2016, sections 171.01, by adding subdivisions; 171.017; 171.04, by adding
1.7a subdivision; 171.06, subdivisions 1, 2, 3, by adding a subdivision; 171.061,
1.8subdivision 3; 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    Subd. 41a. Noncompliant license; noncompliant identification card. "Noncompliant
1.15license," "noncompliant identification card," or "noncompliant license or identification
1.16card," means a driver's license or Minnesota identification card issued under section 171.019,
1.17subdivision 2, paragraph (b).

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

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

2.5    Sec. 4. Minnesota Statutes 2016, section 171.017, is amended to read:
2.6171.017 BACKGROUND INVESTIGATIONS; DEPARTMENT DRIVER'S
2.7LICENSE AGENTS AND CERTAIN EMPLOYEES.
2.8    Subdivision 1. Background checks authorized. The commissioner shall must investigate
2.9the criminal history background of any driver's license agent and any current or prospective
2.10employees of the department or driver's license agent being considered for any position
2.11with the department that has or will have the ability to:
2.12(1) the ability to create or modify records of applicants for identification cards and
2.13drivers' licenses, including enhanced drivers' licenses under section 171.01, subdivision
2.1431a
, or and 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 agent or the 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 agent, employee, or applicant for employment specified in subdivision 1, clause
3.2(1) or (2), has committed a disqualifying crime under Code of Federal Regulations, title 49,
3.3section 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 bureau's background
3.7check cost for the person on whom the background check is performed through a fee charged
3.8to the commissioner or the driver's license agent who requested the background check.
3.9    Subd. 3. Notification by other criminal justice agencies. Criminal justice agencies,
3.10as 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 must be performed in a manner consistent with subdivisions 2 and 3.

3.18    Sec. 5. [171.019] REAL ID ACT CONFORMITY; LIMITATIONS.
3.19    Subdivision 1. Definition. For purposes of this section, "federal change" means a
3.20modification or addition to REAL ID Act requirements, made by the federal government
3.21after the effective date of this act, with respect to: legal requirements; processes; policies
3.22and procedures; or data collection, storage, and dissemination. Federal change includes but
3.23is not limited to a modification:
3.24(1) in what constitutes an official purpose under Code of Federal Regulations, title 6,
3.25part 37;
3.26(2) in the machine-readable technology standards for a license or Minnesota identification
3.27card;
3.28(3) in the information provided on the face of the license or Minnesota identification
3.29card;
3.30(4) that relates to dissemination of state-provided data to or among federal agencies,
3.31other states, organizations operating under agreement among the states, or private entities;
3.32or
4.1(5) that imposes an identifiable cost for the state of Minnesota.
4.2    Subd. 2. License and Minnesota identification card options. (a) The commissioner
4.3must meet the requirements of the REAL ID Act for licenses and identification cards,
4.4including but not limited to documentation requirements, administrative processes, electronic
4.5validation or verification of data, and card design and marking, as provided under this
4.6chapter.
4.7(b) The commissioner must establish a license and Minnesota identification card that
4.8does not meet all requirements of the REAL ID Act, including but not limited to section
4.9171.12, subdivision 7b, as provided in this chapter.
4.10(c) The commissioner must establish an enhanced driver's license or enhanced
4.11identification card as provided in this chapter.
4.12    Subd. 3. Limitations. Compliance under subdivision 2, paragraph (a), is limited to those
4.13requirements of the REAL ID Act and any rules or regulations promulgated pursuant to the
4.14REAL ID Act in effect as of the effective date of this act. The commissioner may not take
4.15any action to implement or meet the requirements of a federal change.
4.16    Subd. 4. Legislative notification. (a) Upon identification of an impending or completed
4.17federal change, the commissioner must notify the chairs and ranking minority members of
4.18the legislative committees having jurisdiction over transportation policy and finance, public
4.19safety, and data practices, and the Legislative Commission on Data Practices and Personal
4.20Data Privacy. Notification must be submitted as required under section 3.195, except that
4.21printed copies are not required.
4.22(b) Notification under this subdivision must include a review of the federal change, an
4.23initial analysis of data practices impacts, and any preliminary estimates of implementation
4.24costs, including the availability of additional federal funds.
4.25    Subd. 5. Statutory construction. (a) Unless specifically provided otherwise, a driver's
4.26license, instruction permit, or provisional license includes any noncompliant license. Unless
4.27specifically provided otherwise, a Minnesota identification card includes any noncompliant
4.28identification card.
4.29(b) A noncompliant license does not include an enhanced driver's license, and a
4.30noncompliant identification card does not include an enhanced identification card.

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

5.7    Sec. 7. Minnesota Statutes 2016, section 171.06, subdivision 1, is amended to read:
5.8    Subdivision 1. Forms of Application format and requirements. (a) Every application
5.9for a Minnesota identification card, for including an enhanced identification card, or for a
5.10driver's license including for an instruction permit, for a provisional license, for a driver's
5.11license, or for and an enhanced driver's license, must be made in a format approved by the
5.12department, and. Every application must be accompanied by payment of 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(b) All applicants must sign the application and declare, under penalty of perjury, that
5.18the information and documentation presented in the application is true and correct. The
5.19application 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
REAL ID Compliant
Classified Driver's License
D-$17.25
C-$21.25
B-$28.25
A-$36.25
5.25
5.26
Noncompliant Classified
Driver's License
D-$17.25
C-$21.25
B-$28.25
A-$36.25
5.27
5.28
REAL ID Compliant
Classified Under-21 D.L.
D-$17.25
C-$21.25
B-$28.25
A-$16.25
5.29
5.30
Noncompliant Classified
Under-21 D.L.
D-$17.25
C-$21.25
B-$28.25
A-$16.25
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 REAL ID
Compliant License or
duplicate REAL ID
Compliant identification
card
$6.75
6.11
6.12
6.13
6.14
Duplicate Noncompliant
License or duplicate
noncompliant identification
card
$6.75
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
REAL ID Compliant
Minnesota identification
card or REAL ID
Compliant 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
Noncompliant identification
card or noncompliant
Under-21 Minnesota
identification card
$11.25
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 is not eligible for 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) (4) 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) (5) contain a space spaces where the applicant may:
8.6(i) request a veteran designation on the license under section 171.07, subdivision 15,
8.7and the driving record under section 171.12, subdivision 5a;
8.8(ii) indicate a desire to make an anatomical gift under paragraph (d); and
8.9(iii) as applicable, designate document retention as provided under section 171.12,
8.10subdivision 3c.
8.11    (b) Applications must be accompanied by satisfactory evidence demonstrating:
8.12(1) identity, date of birth, and any legal name change if applicable; and
8.13(2) for drivers' licenses and Minnesota identification cards that meet all requirements of
8.14the REAL ID Act:
8.15(i) principal residence address in Minnesota, including application for a change of address,
8.16unless the applicant provides a designated address under section 5B.05;
8.17(ii) Social Security number, or related documentation as applicable; and
8.18(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
8.19(c) An application for an enhanced driver's license or enhanced identification card must
8.20be accompanied by:
8.21(1) satisfactory evidence demonstrating the applicant's full legal name and United States
8.22citizenship; and
8.23(2) a photographic identity document.
8.24    (b) (d) 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) (e) 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    Subd. 3b. Information for applicants. (a) The commissioner must develop summary
9.22information on identity document options and must ensure availability of the information
9.23for driver's license and Minnesota identification card applicants. Renewal notifications
9.24mailed to license and identification cardholders must include the Web site address required
9.25by paragraph (b), and the nearest physical address where an individual may obtain a copy
9.26of the summary.
9.27(b) The summary information must, at a minimum, identify:
9.28(1) each available type of driver's license and Minnesota identification card, including
9.29a noncompliant license or identification card, an enhanced driver's license, and an enhanced
9.30identification card;
9.31(2) the official purposes of and limitations on use for each type of driver's license and
9.32Minnesota identification card;
10.1(3) an overview of data shared outside the state, including through electronic validation
10.2or verification systems, as part of the application and issuance of each type;
10.3(4) a statement notifying applicants that a driver's license or Minnesota identification
10.4card that meets the requirements of the REAL ID Act is not mandatory; and
10.5(5) an Internet address linking to a department Web page containing more complete
10.6information.
10.7(c) An applicant for a noncompliant license or identification card must sign an
10.8acknowledgment that the applicant understands the limitations on use of the license or card.

10.9    Sec. 11. [171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE.
10.10    Subdivision 1. Scope and application. This section applies only to drivers' licenses and
10.11Minnesota identification cards that meet all requirements of the REAL ID Act. Except as
10.12otherwise provided under this section, the requirements of Minnesota Rules, chapter 7410,
10.13or successor rules, apply.
10.14    Subd. 2. Evidence; identity; date of birth. (a) Only the following is satisfactory evidence
10.15of an applicant's identity and date of birth under section 171.06, subdivision 3, paragraph
10.16(b):
10.17(1) a driver's license or identification card that:
10.18(i) complies with all requirements of the REAL ID Act;
10.19(ii) is not designated as temporary or limited term; and
10.20(iii) is current or has been expired for five years or less;
10.21(2) a valid, unexpired United States passport booklet or passport card issued by the
10.22United States Department of State;
10.23(3) a certified copy of a birth certificate issued by a government bureau of vital statistics
10.24or equivalent agency in the applicant's state of birth, which must bear the raised or authorized
10.25seal of the issuing government entity;
10.26(4) a consular report of birth abroad, certification of report of birth, or certification of
10.27birth abroad, issued by the United States Department of State, Form FS-240, DS-1350, or
10.28FS-545;
10.29(5) a valid, unexpired permanent resident card issued by the United States Department
10.30of Homeland Security or the former Immigration and Naturalization Service of the United
10.31States Department of Justice, Form I-551;
11.1(6) a certificate of naturalization issued by the United States Department of Homeland
11.2Security, Form N-550 or Form N-570;
11.3(7) a certificate of citizenship issued by the United States Department of Homeland
11.4Security, Form N-560 or Form N-56;
11.5(8) an unexpired employment authorization document issued by the United States
11.6Department of Homeland Security, Form I-766 or Form I-688B;
11.7(9) a valid, unexpired passport issued by a foreign country and a valid, unexpired United
11.8States visa accompanied by documentation of the applicant's most recent lawful admittance
11.9into the United States; or
11.10(10) a document as designated by the United States Department of Homeland Security
11.11under Code of Federal Regulations, title 6, part 37.11(c)(1)(x).
11.12(b) A document under paragraph (a) must be legible and unaltered.
11.13    Subd. 3. Evidence; lawful status. Only a form of documentation identified under
11.14subdivision 2 or a document issued by a federal agency that demonstrates the applicant's
11.15lawful status are satisfactory evidence of an applicant's lawful status under section 171.06,
11.16subdivision 3, clause (2).
11.17    Subd. 4. Evidence; Social Security number. The following is satisfactory evidence of
11.18an applicant's Social Security number or related documentation under section 171.06,
11.19subdivision 3, paragraph (b):
11.20(1) a Social Security card;
11.21(2) if a Social Security card is not available:
11.22(i) a federal Form W-2;
11.23(ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's Social
11.24Security number; or
11.25(iii) a computer-printed United States employment pay stub with the applicant's name,
11.26address, and Social Security number; or
11.27(3) for an applicant who provides a passport under subdivision 2, paragraph (a), clause
11.28(9), documentation demonstrating nonwork authorized status.
11.29    Subd. 5. Evidence; residence in Minnesota. Submission of two forms of documentation
11.30from the following is satisfactory evidence of an applicant's principal residence address in
11.31Minnesota under section 171.06, subdivision 3, paragraph (b):
12.1(1) a home utility services bill issued no more than 90 days before the application,
12.2provided that the commissioner must not accept a United States home utility bill if two
12.3unrelated people are listed on the bill;
12.4(2) a home utility services hook-up work order issued no more than 90 days before the
12.5application, provided that the commissioner must not accept a home utility services hook-up
12.6work order if two unrelated people are listed on the work order;
12.7(3) United States financial information issued no more than 90 days before the application,
12.8with account numbers redacted, including:
12.9(i) a bank account statement;
12.10(ii) a canceled check; or
12.11(iii) a credit card statement;
12.12(4) a United States high school identification card with a certified transcript from the
12.13school, if issued no more than 180 days before the application;
12.14(5) a Minnesota college or university identification card with a certified transcript from
12.15the college or university, if issued no more than 180 days before the application;
12.16(6) an employment pay stub issued no more than 90 days before the application that lists
12.17the employer's name, address, and telephone number;
12.18(7) a Minnesota unemployment insurance benefit statement issued no more than 90 days
12.19before the application;
12.20(8) a statement from a housing with services building registered under chapter 144D,
12.21nursing home licensed under chapter 144A, or a boarding care facility licensed under sections
12.22144.50 to 144.56, that was issued no more than 90 days before the application;
12.23(9) a life, health, automobile, homeowner's, or renter's insurance policy issued no more
12.24than 90 days before the application, provided that the commissioner must not accept a proof
12.25of insurance card;
12.26(10) a federal or state income tax return or statement for the most recent tax filing year;
12.27(11) a Minnesota property tax statement for the current year that shows the applicant's
12.28principal residential address both on the mailing portion and the portion stating what property
12.29is being taxed;
12.30(12) a Minnesota vehicle certificate of title, if issued no more than 12 months before the
12.31application;
13.1(13) a filed property deed or title for current residence, if issued no more than 12 months
13.2before the application;
13.3(14) a Supplemental Security Income award statement issued no more than 12 months
13.4before the application;
13.5(15) mortgage documents for the applicant's principal residence;
13.6(16) a residential lease agreement for the applicant's principal residence issued no more
13.7than 12 months before the application;
13.8(17) a valid driver's license, including an instruction permit, issued under this chapter;
13.9(18) a valid Minnesota identification card;
13.10(19) an unexpired Minnesota professional license;
13.11(20) an unexpired Selective Service card; or
13.12(21) military orders that are still in effect at the time of application.
13.13(b) A document under paragraph (a) must include the applicant's name and an address
13.14in Minnesota.
13.15    Subd. 6. Exceptions process. (a) The commissioner may grant a variance from the
13.16requirements of this section as provided under Minnesota Rules, part 7410.0600, or successor
13.17rules, for evidence of:
13.18(1) identity or date of birth under subdivision 2;
13.19(2) lawful status under subdivision 3, only for demonstration of United States citizenship;
13.20(3) Social Security number under subdivision 4; and
13.21(4) residence in Minnesota under subdivision 5.
13.22(b) The commissioner must not grant a variance for an applicant having a lawful
13.23temporary admission period.

13.24    Sec. 12. Minnesota Statutes 2016, section 171.061, subdivision 3, is amended to read:
13.25    Subd. 3. Application. An applicant may file an application with an agent. The agent
13.26shall receive and accept applications in accordance with the laws and rules of the Department
13.27of Public Safety for a noncompliant driver's license, or identification card; an enhanced
13.28driver's license or identification card; a REAL ID-compliant driver's license or identification
13.29card; restricted license,; duplicate license,; instruction permit, Minnesota identification
13.30card,; or motorized bicycle operator's permit.

14.1    Sec. 13. Minnesota Statutes 2016, section 171.07, subdivision 1, is amended to read:
14.2    Subdivision 1. License; contents and design. (a) Upon the payment of the required fee,
14.3the department shall issue to every qualifying applicant a license designating the type or
14.4class of vehicles the applicant is authorized to drive as applied for. This license must bear:
14.5(1) a distinguishing number assigned to the licensee; (2) the licensee's full name and date
14.6of birth; (3) either (1) (i) the licensee's residence address, or (2) (ii) the designated address
14.7under section 5B.05; (4) a description of the licensee in a manner as the commissioner
14.8deems necessary; and (5) the usual signature of the licensee; and (6) designations and
14.9markings as provided in this section. No license is valid unless it bears the usual signature
14.10of the licensee. Every license must bear a colored photograph or an electronically produced
14.11image of the licensee.
14.12    (b) If the United States Postal Service will not deliver mail to the applicant's residence
14.13address as listed on the license, then the applicant shall provide verification from the United
14.14States Postal Service that mail will not be delivered to the applicant's residence address and
14.15that mail will be delivered to a specified alternate mailing address. When an applicant
14.16provides an alternate mailing address under this subdivision, the commissioner shall use
14.17the alternate mailing address in lieu of the applicant's residence address for all notices and
14.18mailings to the applicant.
14.19    (c) Every license issued to an applicant under the age of 21 must be of a distinguishing
14.20color and plainly marked "Under-21."
14.21    (d) The department shall use processes in issuing a license that prohibit, as nearly as
14.22possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
14.23photograph or electronically produced image on a license, without ready detection.
14.24    (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
14.25requested by the applicant.
14.26(e) Except for an enhanced driver's license or a noncompliant license, a license must
14.27bear a distinguishing indicator for compliance with requirements of the REAL ID Act.
14.28(f) A noncompliant license must:
14.29(1) be marked "not for federal identification" on the face and in the machine-readable
14.30portion; and
14.31(2) have a unique design or color indicator.
14.32(g) A license issued to a person with temporary lawful status must be marked "temporary"
14.33on the face and in the machine-readable portion.
15.1(h) A license must display the licensee's full name or no fewer than 39 characters of the
15.2name. Any necessary truncation must begin with the last character of the middle name and
15.3proceed through the second letter of the middle name, followed by the last character of the
15.4first name and proceeding through the second letter of the first name.

15.5    Sec. 14. Minnesota Statutes 2016, section 171.07, subdivision 3, is amended to read:
15.6    Subd. 3. Identification card; content and design; fee. (a) Upon payment of the required
15.7fee, the department shall issue to every qualifying applicant a Minnesota identification card.
15.8The department may not issue a Minnesota identification card to an individual who has a
15.9driver's license, other than a limited license. The department may not issue an enhanced
15.10identification card to an individual who is under 16 years of age, not a resident of this state,
15.11or not a citizen of the United States of America. The card must bear: (1) a distinguishing
15.12number assigned to the applicant; (2) a colored photograph or an electronically produced
15.13image of the applicant; (3) the applicant's full name and date of birth; (4) either (1) (i) the
15.14licensee's residence address, or (2) (ii) the designated address under section 5B.05; (5) a
15.15description of the applicant in the manner as the commissioner deems necessary; and (6)
15.16the usual signature of the applicant; and (7) designations and markings provided under this
15.17section.
15.18    (b) If the United States Postal Service will not deliver mail to the applicant's residence
15.19address as listed on the Minnesota identification card, then the applicant shall provide
15.20verification from the United States Postal Service that mail will not be delivered to the
15.21applicant's residence address and that mail will be delivered to a specified alternate mailing
15.22address. When an applicant provides an alternate mailing address under this subdivision,
15.23the commissioner shall use the alternate mailing address in lieu of the applicant's residence
15.24address for all notices and mailings to the applicant.
15.25    (c) Each identification card issued to an applicant under the age of 21 must be of a
15.26distinguishing color and plainly marked "Under-21."
15.27    (d) Each Minnesota identification card must be plainly marked "Minnesota identification
15.28card - not a driver's license."
15.29(e) Except for an enhanced identification card or a noncompliant identification card, a
15.30Minnesota identification card must bear a distinguishing indicator for compliance with
15.31requirements of the REAL ID Act.
15.32(f) A noncompliant identification card must:
16.1(1) be marked "not for federal identification" on the face and in the machine-readable
16.2portion; and
16.3(2) have a unique design or color indicator.
16.4(g) A Minnesota identification card issued to a person with temporary lawful status must
16.5be marked "temporary" on the face and in the machine-readable portion.
16.6(h) A Minnesota identification card must display the cardholder's full name or no fewer
16.7than 39 characters of the name. Any necessary truncation must begin with the last character
16.8of the middle name and proceed through the second letter of the middle name, followed by
16.9the last character of the first name and proceeding through the second letter of the first name.
16.10    (e) (i) The fee for a Minnesota identification card is 50 cents when issued to a person
16.11who is developmentally disabled, as defined in section 252A.02, subdivision 2; a physically
16.12disabled person, as defined in section 169.345, subdivision 2; or, a person with mental
16.13illness, as described in section 245.462, subdivision 20, paragraph (c).

16.14    Sec. 15. Minnesota Statutes 2016, section 171.07, subdivision 4, is amended to read:
16.15    Subd. 4. Identification card expiration. (a) Except as otherwise provided in this
16.16subdivision, the expiration date of a Minnesota identification cards of applicants under the
16.17age of 65 shall be card is the birthday of the applicant in the fourth year following the date
16.18of issuance of the card.
16.19(b) A Minnesota identification card issued to For an applicant age 65 or older shall be:
16.20(1) the expiration date of a Minnesota identification card is the birthday of the applicant
16.21in the eighth year following the date of issuance of the card; or
16.22(2) a noncompliant identification card is valid for the lifetime of the applicant, except
16.23that.
16.24(c) For the purposes of this paragraph (b), "Minnesota identification card" does not
16.25include an enhanced identification card issued to an applicant age 65 or older.
16.26(c) (d) The expiration date for an Under-21 identification card is the cardholder's 21st
16.27birthday. The commissioner shall issue an identification card to a holder of an Under-21
16.28identification card who applies for the card, pays the required fee, and presents proof of
16.29identity and age, unless the commissioner determines that the applicant is not qualified for
16.30the identification card.
16.31(e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification card
16.32issued to a person with temporary lawful status is the last day of the person's legal stay in
17.1the United States, or one year after issuance if the last day of the person's legal stay is not
17.2identified.

17.3    Sec. 16. Minnesota Statutes 2016, section 171.07, subdivision 9a, is amended to read:
17.4    Subd. 9a. Security for enhanced driver's license and identification card features.
17.5An enhanced (a) A driver's license or enhanced identification card must include reasonable
17.6security measures to: prevent forgery, alteration, reproduction, and counterfeiting; facilitate
17.7detection of fraud; prohibit the ability to superimpose a photograph or electronically produced
17.8image; and to protect against unauthorized disclosure of personal information regarding
17.9residents of this state that is contained in the enhanced driver's license or enhanced
17.10identification card. The enhanced driver's license must include the best available
17.11anticounterfeit laminate technology.
17.12The (b) An enhanced driver's license or enhanced identification card may include radio
17.13frequency identification technology that is limited to a randomly assigned number, which
17.14must be encrypted if agreed to by the United States Department of Homeland Security and
17.15does not include biometric data or any information other than the citizenship status of the
17.16license holder or cardholder. The commissioner shall ensure that the radio frequency
17.17identification technology is secure from unauthorized data access. An applicant must sign
17.18an acknowledgment of understanding of the radio frequency identification technology and
17.19its use for the sole purpose of verifying United States citizenship before being issued an
17.20enhanced driver's license or an enhanced identification card.

17.21    Sec. 17. Minnesota Statutes 2016, section 171.071, subdivision 3, is amended to read:
17.22    Subd. 3. Exception Limitations. Subdivision 1 applies only to a noncompliant license
17.23or identification card. Subdivisions 1 and 2 do not apply to the commissioner's requirements
17.24pertaining to a photograph or electronically produced image on an enhanced driver's license
17.25or an enhanced identification card.

17.26    Sec. 18. Minnesota Statutes 2016, section 171.072, is amended to read:
17.27171.072 TRIBAL IDENTIFICATION CARD.
17.28(a) If a Minnesota identification card is deemed an acceptable form of identification in
17.29Minnesota Statutes or Rules, a tribal identification card is also an acceptable form of
17.30identification. A tribal identification card is a primary document for purposes of Minnesota
17.31Rules, part 7410.0400, and successor rules, when an applicant applies for a noncompliant
17.32license or identification card.
18.1(b) For purposes of this section, "tribal identification card" means an unexpired
18.2identification card issued by a Minnesota tribal government of a tribe recognized by the
18.3Bureau of Indian Affairs, United States Department of the Interior, that contains the legal
18.4name, date of birth, signature, and picture of the enrolled tribal member.
18.5(c) The tribal identification card must contain security features that make it as impervious
18.6to alteration as is reasonably practicable in its design and quality of material and technology.
18.7The security features must use materials that are not readily available to the general public.
18.8The tribal identification card must not be susceptible to reproduction by photocopying or
18.9simulation and must be highly resistant to data or photograph substitution and other
18.10tampering.
18.11(d) The requirements of this section do not apply to: (1) except as provided in paragraph
18.12(a), to an application for a driver's license or Minnesota identification card under this chapter;
18.13or (2) to tribal identification cards used to prove an individual's residence for purposes of
18.14section 201.061, subdivision 3.

18.15    Sec. 19. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
18.16read:
18.17    Subd. 1a. Driver and vehicle services information system; security and auditing.
18.18(a) The commissioner must establish written procedures to ensure that only individuals
18.19authorized by law may enter, update, or access not public data collected, created, or
18.20maintained by the driver and vehicle services information system. An authorized individual's
18.21ability to enter, update, or access data in the system must correspond to the official duties
18.22or training level of the individual and to the statutory authorization granting access for that
18.23purpose. All queries and responses, and all actions in which data are entered, updated,
18.24accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in
18.25the audit trail are public to the extent the data are not otherwise classified by law.
18.26(b) The commissioner must immediately and permanently revoke the authorization of
18.27any individual who willfully entered, updated, accessed, shared, or disseminated data in
18.28violation of state or federal law. If an individual willfully gained access to data without
18.29authorization by law, the commissioner must forward the matter to the appropriate
18.30prosecuting authority for prosecution.
18.31(c) The commissioner must arrange for an independent biennial audit of the driver and
18.32vehicle services information system to determine whether data currently in the system are
18.33classified correctly, how the data are used, and to verify compliance with this subdivision.
18.34The results of the audit are public. No later than 30 days following completion of the audit,
19.1the commissioner must provide a report summarizing the audit results to the commissioner
19.2of administration; the chairs and ranking minority members of the committees of the house
19.3of representatives and the senate with jurisdiction over transportation policy and finance,
19.4public safety, and data practices; and the Legislative Commission on Data Practices and
19.5Personal Data Privacy. The report must be submitted as required under section 3.195, except
19.6that printed copies are not required.
19.7EFFECTIVE DATE.This section is effective on the date of implementation of the
19.8driver's license portion of the Minnesota licensing and registration system. The commissioner
19.9shall notify the revisor of statutes on the date of implementation.

19.10    Sec. 20. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
19.11read:
19.12    Subd. 3c. Record retention; birth certificates. (a) If the procedures established by the
19.13commissioner for driver's license or Minnesota identification card records include retention
19.14of a physical copy or digital image of a birth certificate, the commissioner must:
19.15(1) notify a driver's license or identification card applicant of the retention procedure;
19.16and
19.17(2) allow the applicant, licensee, or identification cardholder to designate that the
19.18applicant, licensee, or identification cardholder's birth certificate physical copy or digital
19.19image must not be retained.
19.20(b) The commissioner must not retain a birth certificate if directed by an applicant,
19.21licensee, or identification cardholder under paragraph (a), clause (2), but must record and
19.22retain data on the birth certificate required under Code of Federal Regulations, title 6, section
19.2337.31(c).

19.24    Sec. 21. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
19.25read:
19.26    Subd. 7b. Data privacy; noncompliant license or identification card. (a) The
19.27commissioner is prohibited from, with respect to noncompliant licenses or identification
19.28cards:
19.29(1) electronically disseminating outside the state data that is not disseminated as of the
19.30effective date of this act; or
19.31(2) utilizing any electronic validation or verification system accessible from or maintained
19.32outside of the state that is not in use as of the effective date of this act.
20.1(b) The limitations in paragraph (a) do not apply to the extent necessary to maintain
20.2compliance with the driver's license compact under section 171.50 and applicable federal
20.3law governing commercial drivers' licenses.
20.4(c) For purposes of this subdivision, "outside the state" includes federal agencies, states
20.5other than Minnesota, organizations operating under agreement among the states, and private
20.6entities.

20.7    Sec. 22. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
20.8read:
20.9    Subd. 7c. Other data provisions. (a) The commissioner must not share any data the
20.10department maintains under section 171.07, subdivision 13, with any federal agency,
20.11department, or entity for a use that would otherwise be permissible under United States
20.12Code, title 18, section 2721, or other law.
20.13(b) Data collected by government entities pursuant to sections 624.712 to 624.719 are
20.14classified under section 13.87, subdivision 2.

20.15    Sec. 23. Minnesota Statutes 2016, section 171.27, is amended to read:
20.16171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.
20.17(a) Except as otherwise provided in this section, 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(d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued to a
21.2person with temporary lawful status is the last day of the person's legal stay in the United
21.3States, or one year after issuance if the last day of the person's legal stay is not identified.
21.4(d) (e) 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. 24. REAL ID ACT IMPLEMENTATION.
21.13    Subdivision 1. Definition. For purposes of this section, "REAL ID Act" means the REAL
21.14ID Act of 2005, Public Law 109-13, Division B.
21.15    Subd. 2. Implementation; deadline. The commissioner of public safety must begin
21.16issuing drivers' licenses and Minnesota identification cards that fully comply with the REAL
21.17ID Act no later than October 1, 2018. The commissioner shall submit a notification of the
21.18specific full compliance implementation date to: the chairs and ranking minority members
21.19of the legislative committees with jurisdiction over transportation policy and finance, public
21.20safety, and data practices; the revisor of statutes; and the Legislative Commission on Data
21.21Practices and Personal Data Privacy.
21.22    Subd. 3. Mandatory reissuance prohibition. When implementing the REAL ID Act
21.23requirements as provided in this act, the commissioner of public safety is prohibited from
21.24requiring renewal or reissuance of a driver's license or Minnesota identification card earlier
21.25than required under the regular issuance time period. Nothing in this subdivision prevents
21.26suspension, cancellation, or revocation as provided in Minnesota Statutes, chapter 171.
21.27    Subd. 4. Optional early reissuance and expiration date extension. (a) For purposes
21.28of this subdivision, "full compliance date" means the date when full compliance with the
21.29REAL ID Act is required and no extensions are in effect for federal acceptance of
21.30Minnesota-issued licenses and identification cards for official purposes, as most recently
21.31specified by the United States Department of Homeland Security under Code of Federal
21.32Regulations, title 6, part 37.
22.1(b) For purposes of this subdivision, "eligible applicant" means an applicant for a REAL
22.2ID-compliant driver's license or identification card who:
22.3(1) holds a valid Minnesota driver's license or Minnesota identification card that:
22.4(i) was issued prior to the date Minnesota commenced issuing REAL ID-compliant
22.5licenses and Minnesota identification cards; and
22.6(ii) either (A) has an expiration date that is after the full compliance date; or (B) does
22.7not have an expiration date as provided under Minnesota Statutes, section 171.07, subdivision
22.84;
22.9(2) submits the license or identification card application no later than October 31, 2020;
22.10and
22.11(3) is otherwise eligible to obtain the license or identification card under Minnesota
22.12Statutes, chapter 171.
22.13(c) For the first instance of issuing a REAL ID-compliant driver's license to an eligible
22.14applicant, the expiration date as provided in Minnesota Statutes, section 171.27, paragraph
22.15(a), is extended by two years, notwithstanding the requirements of that section.
22.16(d) For the first instance of issuing a REAL ID-compliant identification card to an eligible
22.17applicant, the expiration date as provided in Minnesota Statutes, section 171.07, subdivision
22.184, paragraph (a), is extended by two years, notwithstanding the requirements of that section.
22.19(e) The expiration date extension under paragraphs (c) and (d) does not apply to:
22.20(1) issuance of a new driver's license or Minnesota identification card;
22.21(2) issuance or renewal of a noncompliant license or identification card, as defined in
22.22Minnesota Statutes, section 171.01, subdivision 41a;
22.23(3) issuance or renewal of an enhanced driver's license or enhanced identification card;
22.24(4) reinstatement of a canceled, suspended, or revoked license;
22.25(5) a driver's license subject to Minnesota Statutes, section 171.27, paragraphs (b) to
22.26(d); and
22.27(6) a Minnesota identification card subject to Minnesota Statutes, section 171.07,
22.28subdivision 4, paragraphs (b) to (e).

23.1    Sec. 25. REVISOR'S INSTRUCTION.
23.2The revisor of statutes shall renumber Minnesota Statutes, section 171.06, subdivision
23.33, paragraphs (d) and (e), as Minnesota Statutes, section 171.06, subdivision 3b, paragraphs
23.4(d) and (e). The revisor shall also make any necessary cross-reference changes consistent
23.5with the renumbering.

23.6    Sec. 26. APPROPRIATION.
23.7$3,270,000 in fiscal year 2019 is appropriated from the driver services operating account
23.8in the special revenue fund to the commissioner of public safety for implementation and
23.9conformity with the requirements of the REAL ID Act of 2005, Public Law 109-13, Division
23.10B, as provided under this act. This is a onetime appropriation.

23.11    Sec. 27. CONTINGENT REPEALER.
23.12If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed or if the
23.13definition of "official purpose" in Code of Federal Regulations, title 6, part 37, is amended,
23.14the provisions of this act become null and void on June 30 of the following year. On June
23.1530 in the year after the repeal or amendment, the commissioner of the Department of Public
23.16Safety must stop issuing REAL ID compliant driver's licenses and identification cards.
23.17Within 90 days of the federal repeal or amendment, the commissioner must submit a report,
23.18including proposed legislative changes, to repeal all aspects of this act to the chairs and
23.19ranking minority members of the legislative committees with jurisdiction over transportation
23.20policy and finance, public safety, and data practices; the revisor of statutes; and the
23.21Legislative Commission on Data Practices and Personal Data Privacy.

23.22    Sec. 28. REPEALER.
23.23Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1, is
23.24repealed.

23.25    Sec. 29. EFFECTIVE DATE.
23.26Except as specifically provided otherwise, this act is effective the day following final
23.27enactment. Sections 1 to 24 apply for application and issuance of drivers' licenses and
23.28Minnesota identification cards on and after the full compliance implementation date under
23.29section 24, subdivision 2.

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