relating to transportation; authorizing and governing implementation of
requirements of the federal REAL ID Act; amending certain requirements governing
drivers' licenses and Minnesota identification cards; amending imposition of certain
fees; requiring legislative reporting; 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
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
1.17subdivision 2, paragraph (b).
Sec. 2. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to
1.20 Subd. 45b. REAL ID Act. "REAL ID Act" means the REAL ID Act of 2005, Public
1.21Law 109-13, Division B.
Sec. 3. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to
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.
Sec. 4. Minnesota Statutes 2016, section 171.017, is amended to read:
2.6171.017 BACKGROUND INVESTIGATIONS;
2.7LICENSE AGENTS AND CERTAIN EMPLOYEES.
Subdivision 1. Background checks authorized.
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
the ability to
create or modify records of applicants for identification cards and
2.13drivers' licenses, including
enhanced drivers' licenses
, or and
enhanced identification cards
171.01, subdivision 31b
the ability to
issue enhanced drivers' licenses
171.01, subdivision 31a,
or enhanced identification cards
171.01, subdivision 31b
the ability to
administer knowledge or skills tests under section
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
criminal history consent form, including fingerprints, signed by the agent or the
prospective employee being investigated.
(b) After receiving a request under paragraph (a), the superintendent of the Bureau
Criminal Apprehension shall perform the background check required under subdivision
The superintendent shall retrieve criminal history data as defined in section
a search of the national criminal records repository, and provide wants and warrant
information from federal and state repositories. The superintendent is authorized
fingerprints with the Federal Bureau of Investigation for purposes of the criminal
check. The superintendent shall return the results of the background checks to the
commissioner to determine whether:
(1) the agent,
or applicant for employment specified in subdivision 1, clause
(1) or (2), has committed a disqualifying crime under Code of Federal Regulations,
section 1572.103; or
(2) the employee or applicant for employment specified in subdivision 1, clause (3),
a conviction of the type specified by Code of Federal Regulations, title 49, section
(c) The superintendent shall recover the
cost to the bureau of a bureau's
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
superintendent shall conduct annual background checks for the department employees
specified in subdivision 1, clause (3). Annual background checks under this subdivision
be performed in a manner consistent with subdivisions 2 and 3.
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;
3.22and procedures; or data collection, storage, and dissemination. Federal change includes
3.23is not limited to a modification:
3.24(1) in what constitutes an official purpose under Code of Federal Regulations, title
3.26(2) in the machine-readable technology standards for a license or Minnesota identification
3.28(3) in the information provided on the face of the license or Minnesota identification
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
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,
4.5validation or verification of data, and card design and marking, as provided under
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
4.14REAL ID Act in effect as of the effective date of this act. The commissioner may not
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
4.18the legislative committees having jurisdiction over transportation policy and finance,
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
4.21printed copies are not required.
4.22(b) Notification under this subdivision must include a review of the federal change,
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.
4.27specifically provided otherwise, a Minnesota identification card includes any noncompliant
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.
Sec. 6. Minnesota Statutes 2016, section 171.04, is amended by adding a subdivision to
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.
Sec. 7. Minnesota Statutes 2016, section 171.06, subdivision 1, is amended to read:
Forms of Application format and requirements. (a)
for a Minnesota identification card
, for including
an enhanced identification card, or for a
5.10driver's license including
an instruction permit,
a provisional license,
for a driver's
5.11 license, or for and
an enhanced driver's license,
must be made in a format approved by the
Every application must be accompanied by payment of
the proper fee.
5.13 first-time applications and change-of-status applications must be signed in the presence
5.14 the person authorized to accept the application, or the signature on the application
5.15 verified by a notary public. All applications requiring evidence of legal presence
5.16 United States or United States citizenship
5.17(b) All applicants must sign the application and declare, under penalty of perjury,
5.18the information and documentation presented in the application is true and correct.
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
Classified Driver's License
|REAL ID Compliant
Classified Under-21 D.L.
|Enhanced Driver's License
|Duplicate REAL ID
Compliant License or
duplicate REAL ID
License or duplicate
License or enhanced
duplicate identification card
|REAL ID Compliant
card or REAL ID
card, other than duplicate,
except as otherwise
provided in section
card or noncompliant
In addition to each fee required in this paragraph, the commissioner shall collect
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
technology account in the special revenue fund under section
(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
, or sections
, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related,
a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving
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
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
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
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
filing fee at the same amount as a driver's license agent under section
4. Revenue collected under this paragraph must be deposited in the driver services
(f) An application for a Minnesota identification card, instruction permit, provisional
license, or driver's license, including an application for renewal, must contain a
that allows the applicant to add to the fee under paragraph (a), a $2 donation for
of public information and education on anatomical gifts under section
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
applicant, or (ii) designated address under section
(2) as may be required by the commissioner, contain a description of the applicant
any other facts pertaining to the applicant, the applicant's driving privileges, and
applicant's ability to operate a motor vehicle with safety;
(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
that the applicant certifies that the applicant
does not have is not eligible for
a Social Security
(4) in the case of an application for an enhanced driver's license or enhanced identification
7.28 card, present:
7.29 (i) proof satisfactory to the commissioner of the applicant's full legal name, United
7.30 citizenship, identity, date of birth, Social Security number, and residence address;
7.31 (ii) a photographic identity document;
8.1 (5) contain a space where the applicant may indicate a desire to make an anatomical
8.2 according to paragraph (b);
8.3 (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
a space spaces
where the applicant may:
request a veteran designation on the license under section
171.07, subdivision 15
and the driving record under section
, 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,
8.11 (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
8.14the REAL ID Act:
8.15(i) principal residence address in Minnesota, including application for a change of
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
8.20be accompanied by:
8.21(1) satisfactory evidence demonstrating the applicant's full legal name and United
8.23(2) a photographic identity document.
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
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
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,
legal implications of making an anatomical gift, including the law governing revocation
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.
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
(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.
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
Sec. 10. Minnesota Statutes 2016, section 171.06, is amended by adding a subdivision to
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
9.25by paragraph (b), and the nearest physical address where an individual may obtain
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
9.31(2) the official purposes of and limitations on use for each type of driver's license
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
10.7(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
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
10.12otherwise provided under this section, the requirements of Minnesota Rules, chapter
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,
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
10.24or equivalent agency in the applicant's state of birth, which must bear the raised
10.25seal of the issuing government entity;
10.26(4) a consular report of birth abroad, certification of report of birth, or certification
10.27birth abroad, issued by the United States Department of State, Form FS-240, DS-1350,
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
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
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
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
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
12.5application, provided that the commissioner must not accept a home utility services
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
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
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
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
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
12.24than 90 days before the application, provided that the commissioner must not accept
12.25of insurance card;
12.26(10) a federal or state income tax return or statement for the most recent tax filing
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
12.29is being taxed;
12.30(12) a Minnesota vehicle certificate of title, if issued no more than 12 months before
13.1(13) a filed property deed or title for current residence, if issued no more than
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
13.7than 12 months before the application;
13.8(17) a valid driver's license, including an instruction permit, issued under this
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
13.15 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
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.
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
of Public Safety for a noncompliant
, or identification card; an enhanced
13.28driver's license or identification card; a REAL ID-compliant driver's license or identification
, Minnesota identification
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
class of vehicles the applicant is authorized to drive as applied for. This license
a distinguishing number assigned to the licensee; (2)
the licensee's full name and date
of birth; (3)
the licensee's residence address, or
the designated address
a description of the licensee in a manner as the commissioner
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
of the licensee. Every license must bear a colored photograph or an electronically
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
States Postal Service that mail will not be delivered to the applicant's residence
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
the alternate mailing address in lieu of the applicant's residence address for all
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."
The department shall use processes in issuing a license that prohibit, as nearly as
14.22 possible, the ability to alter or reproduce a license, or prohibit the ability to
14.23 photograph or electronically produced image on a license, without ready detection.
A license issued to an applicant age 65 or over must be plainly marked "senior" if
requested 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
14.31(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
15.2name. Any necessary truncation must begin with the last character of the middle name
15.3proceed through the second letter of the middle name, followed by the last character
15.4first 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
The department may not issue a Minnesota identification card to an individual who
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)
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)
licensee's residence address, or
the designated address under section
description of the applicant in the manner as the commissioner deems necessary;
the usual signature of the applicant; and (7) designations and markings provided under this
(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
applicant's residence address and that mail will be delivered to a specified alternate
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
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
distinguishing color and plainly marked "Under-21."
(d) Each Minnesota identification card must be plainly marked "Minnesota identification
card - not a driver's license."
15.29(e) Except for an enhanced identification card or a noncompliant identification card,
15.30Minnesota identification card must bear a distinguishing indicator for compliance
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
16.3(2) have a unique design or color indicator.
16.4(g) A Minnesota identification card issued to a person with temporary lawful status
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
16.7than 39 characters of the name. Any necessary truncation must begin with the last
16.8of the middle name and proceed through the second letter of the middle name, followed
16.9the last character of the first name and proceeding through the second letter of the
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
cards of applicants under the
16.17 age of 65 shall be card is
the birthday of the applicant in the fourth year following the date
of issuance of the card.
A Minnesota identification card issued to For
an applicant age 65 or older
16.20(1) the expiration date of a Minnesota identification card is the birthday of the
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
For the purposes of
, "Minnesota identification card" does not
include an enhanced identification card issued to an applicant age 65 or older.
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
identity and age, unless the commissioner determines that the applicant is not qualified
the identification card.
16.31(e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification
16.32issued to a person with temporary lawful status is the last day of the person's legal
17.1the United States, or one year after issuance if the last day of the person's legal
stay is not
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.
17.5 An enhanced (a) A
driver's license or
identification card must include reasonable
security measures to:
prevent forgery, alteration, reproduction, and
17.7detection of fraud; prohibit the ability to superimpose a photograph or electronically
protect against unauthorized disclosure of personal information
17.9 residents of this state that is
contained in the
driver's license or
identification card. The
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,
must be encrypted if agreed to by the United States Department of Homeland Security
does not include biometric data or any information other than the citizenship status
license holder or cardholder. The commissioner shall ensure that the radio frequency
identification technology is secure from unauthorized data access. An applicant must
an acknowledgment of understanding of the radio frequency identification technology
its use for the sole purpose of verifying United States citizenship before being issued
enhanced driver's license or an enhanced identification card.
Sec. 17. Minnesota Statutes 2016, section 171.071, subdivision 3, is amended to read:
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
pertaining to a photograph or electronically produced image on an enhanced driver's
or an enhanced identification card.
Sec. 18. Minnesota Statutes 2016, section 171.072, is amended to read:
17.27171.072 TRIBAL IDENTIFICATION CARD.
(a) If a Minnesota identification card is deemed an acceptable form of identification
Minnesota Statutes or Rules, a tribal identification card is also an acceptable form
identification. A tribal identification card is a primary document for purposes of
Rules, part 7410.0400, and successor rules, when an applicant applies for a noncompliant
17.32license 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
Bureau of Indian Affairs, United States Department of the Interior, that contains
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
to alteration as is reasonably practicable in its design and quality of material and
The security features must use materials that are not readily available to the general
The tribal identification card must not be susceptible to reproduction by photocopying
simulation and must be highly resistant to data or photograph substitution and other
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
18.13or (2) to
tribal identification cards used to prove an individual's residence for purposes
section 201.061, subdivision 3.
Sec. 19. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
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,
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
18.22or training level of the individual and to the statutory authorization granting access
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
18.25the audit trail are public to the extent the data are not otherwise classified by
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
18.28violation of state or federal law. If an individual willfully gained access to data
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
18.32vehicle services information system to determine whether data currently in the system
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
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
19.3of representatives and the senate with jurisdiction over transportation policy and
19.4public safety, and data practices; and the Legislative Commission on Data Practices
19.5Personal Data Privacy. The report must be submitted as required under section 3.195,
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.
Sec. 20. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
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
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;
19.17(2) allow the applicant, licensee, or identification cardholder to designate that
19.18applicant, licensee, or identification cardholder's birth certificate physical copy
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
19.22retain data on the birth certificate required under Code of Federal Regulations, title
Sec. 21. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
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
19.29(1) electronically disseminating outside the state data that is not disseminated as
19.30effective date of this act; or
19.31(2) utilizing any electronic validation or verification system accessible from or
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,
20.5other than Minnesota, organizations operating under agreement among the states, and
Sec. 22. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
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
20.14classified under section 13.87, subdivision 2.
Sec. 23. Minnesota Statutes 2016, section 171.27, is amended to read:
20.16171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.
(a) Except as otherwise provided in this section,
the expiration date for each driver's
, 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
application for a driver's license. A license may be renewed on or before expiration
one year after expiration upon application, payment of the required fee, and passing
examination required of all drivers for renewal. Driving privileges shall be extended
renewed on or preceding the expiration date of an existing driver's license unless
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
Upon the licensee attaining the age of 21 and upon the application, payment of the
fee, and passing the examination required of all drivers for renewal, a driver's license
be issued unless the commissioner determines that the licensee is no longer qualified
(c) The expiration date for each provisional license is two years after the date of
application for the provisional license.
21.1(d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued
21.2person with temporary lawful status is the last day of the person's legal stay in
21.3States, or one year after issuance if the last day of the person's legal stay is not
Any valid Minnesota driver's license issued to a person then or subsequently
serving outside Minnesota in active military service, as defined in section
, in any branch or unit of the armed forces of the United States, or the person's
shall continue in full force and effect without requirement for renewal until the
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
recent license renewal or, in the case of a provisional license, until the person's
the third full year following the renewal.
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
21.17ID Act no later than October 1, 2018. The commissioner shall submit a notification
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,
21.20safety, and data practices; the revisor of statutes; and the Legislative Commission
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
21.24requiring renewal or reissuance of a driver's license or Minnesota identification
21.25than required under the regular issuance time period. Nothing in this subdivision
21.26suspension, cancellation, or revocation as provided in Minnesota Statutes, chapter
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
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
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
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
22.7not have an expiration date as provided under Minnesota Statutes, section 171.07,
22.9(2) submits the license or identification card application no later than October 31,
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,
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
22.17applicant, the expiration date as provided in Minnesota Statutes, section 171.07,
22.184, paragraph (a), is extended by two years, notwithstanding the requirements of that
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
22.22Minnesota Statutes, section 171.01, subdivision 41a;
22.23(3) issuance or renewal of an enhanced driver's license or enhanced identification
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)
22.27(6) a Minnesota identification card subject to Minnesota Statutes, section 171.07,
22.28subdivision 4, paragraphs (b) to (e).
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,
23.4(d) and (e). The revisor shall also make any necessary cross-reference changes consistent
23.5with the renumbering.
Sec. 26. APPROPRIATION.
23.7$3,270,000 in fiscal year 2019 is appropriated from the driver services operating
23.8in the special revenue fund to the commissioner of public safety for implementation
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.
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,
23.14the provisions of this act become null and void on June 30 of the following year.
23.1530 in the year after the repeal or amendment, the commissioner of the Department of
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
23.18including proposed legislative changes, to repeal all aspects of this act to the chairs
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
23.21Legislative Commission on Data Practices and Personal Data Privacy.
Sec. 28. REPEALER.
23.23Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1,
Sec. 29. EFFECTIVE DATE.
23.26Except as specifically provided otherwise, this act is effective the day following
23.27enactment. Sections 1 to 24 apply for application and issuance of drivers' licenses
23.28Minnesota identification cards on and after the full compliance implementation date
23.29section 24, subdivision 2.