HF 3959

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/09/2016 04:14pm

A bill for an act
relating to transportation; authorizing and governing implementation of
requirements of the federal REAL ID Act; amending certain requirements
governing driver's licenses and Minnesota identification cards; amending certain
fees; requiring legislative reporting; requiring rulemaking; appropriating money;
amending Minnesota Statutes 2014, sections 171.01, by adding a subdivision;
171.017; 171.06, subdivisions 1, 3, by adding a subdivision; 171.07, subdivisions
1, 3, 4, 9a; 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 2014, section 171.01, is amended by adding a
subdivision to read:

new text begin Subd. 48b. new text end

new text begin Temporary lawful status. new text end

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

Sec. 2.

Minnesota Statutes 2014, section 171.017, is amended to read:

171.017 BACKGROUND INVESTIGATIONS; deleted text begin DEPARTMENT deleted text end new text begin DRIVER'S
LICENSE AGENTS AND CERTAIN new text end EMPLOYEES.

Subdivision 1.

Background checks authorized.

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

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

(2) deleted text begin the ability to deleted text end issue enhanced drivers' licenses deleted text begin under section 171.01, subdivision
31a, deleted text end or enhanced identification cards deleted text begin under section 171.01, subdivision 31b deleted text end ; or

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

Subd. 2.

Procedure.

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

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

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

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

(c) The superintendent shall recover the cost to the bureau of a background check
through a fee charged to the commissioner new text begin or the driver's license agent, as appropriate,
for the person on whom a background check is performed new text end .

Subd. 3.

Notification by other criminal justice agencies.

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

Subd. 4.

Annual background checks in certain instances.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 3.

new text begin [171.019] REAL ID ACT CONFORMITY; LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Federal change" means an appreciable modification or addition to REAL ID Act
requirements, made after the effective date of this act, with respect to: legal requirements;
processes; policies and procedures; or data collection, storage, and dissemination. Federal
change includes but is not limited to a modification:
new text end

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

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

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

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

new text begin (5) that imposes an identifiable cost for the state of Minnesota.
new text end

new text begin (c) "REAL ID Act" means the REAL ID Act of 2005, Public Law 109-13, Division B.
new text end

new text begin Subd. 2. new text end

new text begin Federal conformity. new text end

new text begin (a) For driver's licenses and Minnesota identification
cards under this chapter, the commissioner must meet the requirements of the REAL
ID Act as of the effective date of this act, including but not limited to documentation
requirements, administrative processes, electronic validation or verification of data, and
card design and marking.
new text end

new text begin (b) The requirements under paragraph (a) do not apply to an enhanced driver's
license or enhanced identification card.
new text end

new text begin Subd. 3. new text end

new text begin Limitations; federal changes. new text end

new text begin The commissioner may not take any action
to implement or meet the requirements of a federal change.
new text end

new text begin Subd. 4. new text end

new text begin Legislative notification. new text end

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

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

Sec. 4.

Minnesota Statutes 2014, section 171.06, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Forms of deleted text end Application new text begin format and requirements new text end .

new text begin (a) new text end Every
application for a Minnesota identification card deleted text begin , for deleted text end new text begin including new text end an enhanced identification
card, new text begin or for a driver's license including new text end deleted text begin for deleted text end an instruction permit, deleted text begin for deleted text end a provisional license,
deleted text begin for a driver's license, or for deleted text end new text begin and new text end an enhanced driver's license new text begin , new text end must be made in a format
approved by the department deleted text begin , and deleted text end new text begin . new text end Every application must be accompanied by new text begin payment
of new text end the proper fee. deleted text begin All first-time applications and change-of-status applications must be
signed in the presence of the person authorized to accept the application, or the signature
on the application may be verified by a notary public. All applications requiring evidence
of legal presence in the United States or United States citizenship
deleted text end

new text begin (b) All applicants must sign the application and declare, under penalty of perjury,
that the information presented in the application is true and correct. The application new text end
must be signed in the presence of the person authorized to accept the application, or the
signature deleted text begin on the application deleted text end may be verified by a notary public.

Sec. 5.

Minnesota Statutes 2014, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

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

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

(3) state:

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

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

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

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

deleted text begin (ii) a photographic identity document;
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end contain a space where the applicant may indicate a desire to make an
anatomical gift according to paragraph deleted text begin (b) deleted text end new text begin (c) new text end ;

deleted text begin (6) deleted text end new text begin (5) new text end 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; deleted text begin and
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end contain a space where the applicant may request a veteran designation on
the license under section 171.07, subdivision 15, and the driving record under section
171.12, subdivision 5a new text begin ; and
new text end

new text begin (7) as applicable, contain a space for a designation as provided under section 171.12,
subdivision 3c new text end .

new text begin (b) An application must be accompanied by:
new text end

new text begin (1) satisfactory evidence demonstrating the applicant's identity, date of birth,
Social Security number or other documentation as applicable, and residence address or
designated address under section 5B.05;
new text end

new text begin (2) satisfactory evidence demonstrating the applicant's lawful status, as defined in
Code of Federal Regulations, title 6, section 37.3; and
new text end

new text begin (3) for an enhanced driver's license or enhanced identification card application:
new text end

new text begin (i) satisfactory evidence demonstrating the applicant's full legal name and United
States citizenship; and
new text end

new text begin (ii) a photographic identity document.
new text end

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

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

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

deleted text begin (c) deleted text end new text begin (d) new text end The application must be accompanied also by information containing relevant
facts relating to:

(1) the effect of alcohol on driving ability;

(2) the effect of mixing alcohol with drugs;

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

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

Sec. 6.

Minnesota Statutes 2014, section 171.06, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Information for applicants. new text end

new text begin (a) The commissioner must develop
summary information on identity document options and must ensure distribution of the
information to all driver's license and Minnesota identification card applicants.
new text end

new text begin (b) The summary information must include the following information, expressed in
a clear and concise manner:
new text end

new text begin (1) each available type of driver's license and Minnesota identification card,
including an enhanced driver's license and enhanced identification card; and
new text end

new text begin (2) the limitations on use for each type of driver's license and Minnesota
identification card.
new text end

Sec. 7.

Minnesota Statutes 2014, section 171.07, subdivision 1, is amended to read:

Subdivision 1.

License; contents.

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

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

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

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

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

new text begin (e) A license must bear a distinguishing indicator, as determined by the commissioner.
new text end

new text begin (f) A license issued to a person with temporary lawful status must be marked
"temporary" on the face and in the machine-readable portion of the license.
new text end

Sec. 8.

Minnesota Statutes 2014, section 171.07, subdivision 3, is amended to read:

Subd. 3.

Identification card; fee.

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

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

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

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

new text begin (e) A Minnesota identification card must bear a distinguishing indicator, as
determined by the commissioner.
new text end

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

deleted text begin (e) deleted text end new text begin (g) new text end 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. 9.

Minnesota Statutes 2014, section 171.07, subdivision 4, is amended to read:

Subd. 4.

new text begin Identification card new text end expiration.

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

(b) A Minnesota identification card issued to an applicant age 65 or older deleted text begin shall be
valid for the lifetime of the applicant, except that deleted text end new text begin expires on the birthday of the applicant
in the eighth year following the date of issuance of the card.
new text end

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

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

new text begin (e) The expiration date for an identification card issued to a person with temporary
lawful status is the last day of the person's legal stay in the United States.
new text end

Sec. 10.

Minnesota Statutes 2014, section 171.07, subdivision 9a, is amended to read:

Subd. 9a.

Security deleted text begin for enhanced driver's license and identification card deleted text end new text begin features new text end .

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

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

Sec. 11.

Minnesota Statutes 2014, section 171.072, is amended to read:

171.072 TRIBAL IDENTIFICATION CARD.

(a) If a Minnesota identification card is deemed an acceptable form of identification
in Minnesota Statutes or Rules, a tribal identification card is also an acceptable form
of identification. deleted text begin A tribal identification card is a primary document for purposes of
Minnesota Rules, part 7410.0400, and successor rules.
deleted text end

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

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

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

Sec. 12.

Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Driver and vehicle services information system; security and auditing.
new text end

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

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

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

Sec. 13.

Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision
to read:

new text begin Subd. 3c. new text end

new text begin Record retention; birth certificates. new text end

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

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

new text begin (2) allow the applicant, licensee, or identification card holder to designate that the
applicant, licensee, or identification card holder's birth certificate copy or digital image
must not be retained.
new text end

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

Sec. 14.

Minnesota Statutes 2014, section 171.27, is amended to read:

171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.

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

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

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

new text begin (d) The expiration date for a license issued to a person with temporary lawful status
is the last day of the person's legal stay in the United States.
new text end

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

Sec. 15. new text begin REAL ID ACT IMPLEMENTATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

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

new text begin Subd. 2. new text end

new text begin Full implementation and conformity; deadline. new text end

new text begin The commissioner
of public safety must implement the provisions of this act in a manner to ensure full
compliance and conformity with the requirements of the REAL ID Act, including the
ability to issue fully compliant driver's licenses and Minnesota identification cards, no
later than October 1, 2016.
new text end

new text begin Subd. 3. new text end

new text begin Mandatory reissuance prohibition. new text end

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

new text begin Subd. 4. new text end

new text begin Expedited rulemaking. new text end

new text begin (a) The commissioner of public safety must
amend Minnesota Rules as expressly necessary to issue driver's licenses and Minnesota
identification cards that meet the requirements under this act and Minnesota Statutes,
chapter 171.
new text end

new text begin (b) The commissioner is authorized to use the expedited rulemaking process in
Minnesota Statutes, section 14.389.
new text end

new text begin (c) The authority to use the expedited rulemaking process under this subdivision
expires December 31, 2017.
new text end

new text begin Subd. 5. new text end

new text begin Legislative reporting. new text end

new text begin (a) The commissioner of public safety must
establish an implementation schedule for meeting the requirements under subdivision 2.
The schedule must include monthly implementation activity and milestones. On or before
the last business day of each month until full implementation and compliance is achieved,
the commissioner must submit a status update that provides details on the implementation
schedule, activity and accomplishments since the previous status update, identified risks to
implementation, and overall status.
new text end

new text begin (b) By March 15, 2017, the commissioner of public safety must submit a revision to
the report required under Laws 2016, chapter 83, section 2, subdivision 2.
new text end

new text begin (c) Each implementation status update under paragraph (a) and the report under
paragraph (b) must be submitted to the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance, public
safety, civil law, and data practices, and to the Legislative Commission on Data Practices
and Personal Data Privacy. The report must be submitted as required under Minnesota
Statutes, section 3.195, except that printed copies are not required.
new text end

new text begin (d) At a minimum, the report under paragraph (b) must provide (1) revised
information and analysis for each of the planning activities required for the 2016 report,
and (2) implementation status information.
new text end

Sec. 16. new text begin APPROPRIATION.
new text end

new text begin $4,000,000 in fiscal year 2016 is appropriated from the driver services operating
account in the special revenue fund to the commissioner of public safety for
implementation and conformity with requirements of the REAL ID Act of 2005, Public
Law 109-13, Division B, as provided under this act. This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section 16A.28, this appropriation is available for
one year after the year of appropriation.
new text end

Sec. 17. new text begin REVISOR'S INSTRUCTION.
new text end

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

Sec. 18. new text begin REPEALER.
new text end

new text begin Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section
1, new text end new text begin is repealed.
new text end

Sec. 19. new text begin EFFECTIVE DATE.
new text end

new text begin Except as specifically provided otherwise, sections 1 to 18 are effective the day
following final enactment. Sections 1 to 14 apply for application and issuance of driver's
licenses and Minnesota identification cards on and after the day following adoption of
administrative rules under section 15, subdivision 4.
new text end