SF 923

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/21/2013 03:58pm

A bill for an act
relating to public safety; motor vehicles; clarifying registration rules and periods;
modifying rules pertaining to trip permits; modifying the design for veterans
special plates; modifying record retention requirements; clarifying motor
vehicle dealer duties; making changes to conform with federal requirements;
authorizing background checks of certain department employees; clarifying
language pertaining to senior identification cards; making technical corrections;
amending Minnesota Statutes 2012, sections 168.017, subdivisions 2, 3;
168.053, subdivision 1; 168.123, subdivision 2; 168.183, subdivision 1; 168.187,
subdivision 17; 168.27, subdivisions 10, 11, by adding a subdivision; 168A.153,
subdivisions 1, 2, 3, by adding a subdivision; 171.01, subdivision 49b; 171.07,
subdivisions 3a, 4; proposing coding for new law in Minnesota Statutes, chapter
171; repealing Minnesota Statutes 2012, section 168.094.

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

Section 1.

Minnesota Statutes 2012, section 168.017, subdivision 2, is amended to read:

Subd. 2.

12 uniform registration periods.

There are established 12 registration
periods, each to be designated by a calendar month and to start on the first day of such
month and end on the last day of the 12th month from the date of commencing. deleted text begin The
registrar shall administer the monthly series system of registration to distribute the work
of registering vehicles described in subdivision 1 as uniformly as practicable through the
calendar year. deleted text end new text begin The registrar shall register all vehicles subject to registration under the
monthly series system for a minimum period of 12 consecutive calendar months.
new text end

Sec. 2.

Minnesota Statutes 2012, section 168.017, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

deleted text begin (a) deleted text end The registrar shall register all vehicles subject to registration
under the monthly series system for a period of 12 consecutive calendar months, unless:

(1) the application is an original deleted text begin rather than renewal application deleted text end new text begin under section
168.127 new text end ; or

(2) the applicant is a licensed motor vehicle lessor under section 168.27 and the
vehicle is leased or rented for periods of time of not more than 28 days, in which case the
applicant may apply for initial or renewed registration of a vehicle for a period of four
or more months, the month of expiration to be designated by the applicant at the time of
registration. To qualify for this exemption, the applicant must present the application to deleted text begin the
registrar at St. Paul, or deleted text end a designated deputy registrar office. Subsequent registration periods
when the applicant is not a qualified motor vehicle lessor under this subdivision must be for
a period of 12 months commencing from the last month for which registration was issued.

deleted text begin (b) In any instance except that of a licensed motor vehicle lessor, the registrar shall
not approve registering the vehicle subject to the application for a period of less than three
months, except when the registrar determines that to do otherwise will help to equalize
the registration and renewal work load of the department.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 168.053, subdivision 1, is amended to read:

Subdivision 1.

Application; fee; penalty.

Any person, firm, or corporation engaged
in the business of transporting motor vehicles owned by another, by delivering, by
drive-away or towing methods, either singly or by means of the full mount method, the
saddle mount method, the tow bar method, or any other combination thereof, and under
their own power, vehicles over the highways of the state from the manufacturer or any
other point of origin, to any point of destination, within or without the state, shall make
application to the registrar for a drive-away in-transit license. This application for annual
license shall be accompanied by a registration fee of $250 and contain deleted text begin such deleted text end information deleted text begin as
deleted text end the registrar may require. Upon the filing of the application and the payment of the fee,
the registrar shall issue to each drive-away operator a drive-away in-transit license plate,
which must be carried and displayed on the power unit consistent with section 169.79 and
the plate shall remain on the vehicle while being operated within deleted text begin the state deleted text end new text begin Minnesota.
The license plate issued under this subdivision is not valid for the purpose of permanent
vehicle registration and is not valid outside Minnesota new text end . Additional drive-away in-transit
license plates desired by any drive-away operator may be secured from the registrar of
motor vehicles upon the payment of a fee of $5 for each set of additional license plates.
Any person, firm, or corporation engaging in the business as a drive-away operator, of
transporting and delivering by means of full mount method, the saddle mount method, the
tow bar method, or any combination thereof, and under their own power, motor vehicles,
who fails or refuses to file or cause to be filed an application, as is required by law, and to
pay the fees therefor as the law requires, shall be found guilty of violating the provisions of
sections 168.053 to 168.057; and, upon conviction, fined not less than $50, and not more
than $100, and all costs of court. Each day so operating without securing the license and
plates as required deleted text begin therein deleted text end shall constitute a separate offense deleted text begin within the meaning thereof deleted text end .

Sec. 4.

Minnesota Statutes 2012, section 168.123, subdivision 2, is amended to read:

Subd. 2.

Design.

The commissioner of veterans affairs shall design the emblem for
the veterans' special plates, subject to the approval of the commissioner, that satisfy the
following requirements:

(a) For a Vietnam veteran who served after July 1, 1961, and before July 1, 1978,
in the active military service in a branch of the armed forces of the United States or a
nation or society allied with the United States the special plates must bear the inscription
"VIETNAM VET new text begin . new text end " deleted text begin and the letters "V" and "V" with the first letter directly above the
second letter and both letters just preceding the first numeral of the special plate number.
deleted text end

(b) For a veteran stationed on the island of Oahu, Hawaii, or offshore, during the
attack on Pearl Harbor on December 7, 1941, the special plates must bear the inscription
"PEARL HARBOR SURVIVOR new text begin . new text end " deleted text begin and the letters "P" and "H" with the first letter directly
above the second letter and both letters just preceding the first numeral of the special
plate number.
deleted text end

(c) For a veteran who served during deleted text begin World War I or deleted text end World War II, the plates must
bear the inscription "WORLD WAR VET new text begin . new text end " deleted text begin and:
deleted text end

deleted text begin (1) for a World War I veteran, the characters "W" and "I" with the first character
directly above the second character and both characters just preceding the first numeral
of the special plate number; or
deleted text end

deleted text begin (2) for a World War II veteran, the characters "W" and "II" with the first character
directly above the second character and both characters just preceding the first numeral of
the special plate number.
deleted text end

(d) For a veteran who served during the Korean Conflict, the special plates must
bear the inscription "KOREAN VET new text begin . new text end " deleted text begin and the letters "K" and "V" with the first letter
directly above the second letter and both letters just preceding the first numeral of the
special plate number.
deleted text end

(e) For a combat wounded veteran who is a recipient of the Purple Heart medal, the
plates must bear the inscription "COMBAT WOUNDED VET" and have a facsimile or an
emblem of the official Purple Heart medal deleted text begin and the letters "C" over "W" with the first letter
directly over the second letter just preceding the first numeral of the special plate number deleted text end .

A member of the United States armed forces who is serving actively in the military
and who is a recipient of the Purple Heart medal is also eligible for this license plate.
The commissioner of public safety shall ensure that information regarding the required
proof of eligibility for any applicant under this paragraph who has not yet been issued
military discharge papers is distributed to the public officials responsible for administering
this section.

(f) For a Persian Gulf War veteran, the plates must bear the inscription "GULF
WAR VET new text begin . new text end " deleted text begin and the letters "G" and "W" with the first letter directly above the second
letter and both letters just preceding the first numeral of the special plate number. deleted text end For
the purposes of this section, "Persian Gulf War veteran" means a person who served on
active duty after August 1, 1990, in a branch of the armed forces of the United States or
a nation or society allied with the United States or the United Nations during Operation
Desert Shield, Operation Desert Storm, or other military operation in the Persian Gulf
area combat zone as designated in United States Presidential Executive Order No. 12744,
dated January 21, 1991.

(g) For a veteran who served in the Laos War after July 1, 1961, and before July 1,
1978, the special plates must bear the inscription "LAOS WAR VET new text begin . new text end " deleted text begin and the letters "L"
and "V" with the first letter directly above the second letter and both letters just preceding
the first numeral of the special plate number.
deleted text end

(h) For a veteran who is the recipient of:

(1) the Iraq Campaign Medal, the special plates must be inscribed with a facsimile of
that medal and must bear the inscription "IRAQ WAR VET" directly below the special
plate number;

(2) the Afghanistan Campaign Medal, the special plates must be inscribed with a
facsimile of that medal and must bear the inscription "AFGHAN WAR VET" directly
below the special plate number;

(3) the Global War on Terrorism Expeditionary Medal, the special plates must
be inscribed with a facsimile of that medal and must bear the inscription "GWOT
VETERAN" directly below the special plate number; or

(4) the Armed Forces Expeditionary Medal, the special plates must bear an
appropriate inscription that includes a facsimile of that medal.

(i) For a veteran who is the recipient of the Global War on Terrorism Service Medal,
the special plates must be inscribed with a facsimile of that medal and must bear the
inscription "GWOT VETERAN" directly below the special plate number. In addition,
any member of the National Guard or other military reserves who has been ordered to
federally funded state active service under United States Code, title 32, as defined in
section 190.05, subdivision 5b, and who is the recipient of the Global War on Terrorism
Service Medal, is eligible for the license plate described in this paragraph, irrespective of
whether that person qualifies as a veteran under section 197.447.

(j) For a veteran who is the recipient of the Korean Defense Service Medal,
the special plates must be inscribed with a facsimile of that medal and must bear the
inscription "KOREAN DEFENSE SERVICE" directly below the special plate number.

(k) For a veteran who is a recipient of the Bronze Star medal, the plates must bear
the inscription "BRONZE STAR VET" and have a facsimile or an emblem of the official
Bronze Star medal.

(l) For a veteran who is a recipient of the Silver Star medal, the plates must bear
the inscription "SILVER STAR VET" and have a facsimile or an emblem of the official
Silver Star medal.

Sec. 5.

Minnesota Statutes 2012, section 168.183, subdivision 1, is amended to read:

Subdivision 1.

Payment of taxes.

All trucks, truck-tractors, deleted text begin trailers and semitrailers,
deleted text end new text begin trucks using combination, and buses new text end which comply with all of the provisions of section
168.181 new text begin , subdivision 1, clause (6), new text end but are excluded from the exemptions deleted text begin provided therein
deleted text end solely because of the deleted text begin intrastate deleted text end new text begin temporary new text end nature of their movement in this state, deleted text begin owned
by nonresidents owning or operating circuses, carnivals or similar amusement attractions
or concessions deleted text end shall be required to comply with all laws and rules as to the payment of
taxes applicable to like vehicles owned by Minnesota residents deleted text begin but such deleted text end new text begin , except that
new text end nonresidents may make application to pay deleted text begin such deleted text end new text begin the new text end tax for each vehicle proportionate
to the number of months or fraction thereof deleted text begin such deleted text end new text begin the new text end vehicles are in this state. new text begin For the
purposes of this subdivision, buses do not include charter buses that are considered
proratable vehicles under section 168.187, subdivision 4.
new text end

Sec. 6.

Minnesota Statutes 2012, section 168.187, subdivision 17, is amended to read:

Subd. 17.

Trip permit.

Subject to agreements or arrangements made or entered into
pursuant to subdivision 7, the commissioner may issue trip permits for use of Minnesota
highways by individual vehicles, on an occasional basis, for periods not to exceed 120
hours in compliance with rules promulgated pursuant to subdivision 23 and upon payment
of a fee of $15. new text begin For the purposes of this subdivision, "on an occasional basis" means
no more than one permit per vehicle within a 30-day period, which begins the day a
permit is effective.
new text end

Sec. 7.

Minnesota Statutes 2012, section 168.27, is amended by adding a subdivision
to read:

new text begin Subd. 3d. new text end

new text begin Used vehicle parts dealer. new text end

new text begin A used vehicle parts dealer licensee may sell,
solicit, or advertise the sale of used parts and the remaining scrap metals, but is prohibited
from selling any new or used motor vehicles for use at retail or for resale to a dealer.
new text end

Sec. 8.

Minnesota Statutes 2012, section 168.27, subdivision 10, is amended to read:

Subd. 10.

Place of business.

(a) All licensees under this section shall have an
established place of business which shall include as a minimum:

(1) For a new motor vehicle dealer, the following:

(i) a commercial building owned or under lease by the licensee. The lease must
be for a minimum term of one year. The building must contain office space where the
books, records, and files necessary to conduct the business are kept and maintained with
personnel available during normal business hours. Dealership business hours must be
conspicuously posted on the place of doing business and readily viewable by the public;

(ii) a bona fide contract or franchise (A) in effect with a manufacturer or distributor
of the new motor vehicles the dealer proposes to sell, broker, wholesale, or auction, or (B)
in effect with the first-stage manufacturer or distributor of new motor vehicles purchased
from a van converter or modifier which the dealer proposes to sell, broker, wholesale, or
auction, or (C) in effect with the final-stage manufacturer of the new type A, B, or C motor
homes which the dealer proposes to sell, broker, wholesale, or auction;

(iii) a facility for the repair and servicing of motor vehicles and the storage of parts
and accessories, not to exceed ten miles distance from the principal place of business. The
service may be provided through contract with bona fide operators actually engaged
in the services;

(iv) an area either indoors or outdoors to display motor vehicles that is owned or
under lease by the licensee; and

(v) a sign readily viewable by the public that clearly identifies the dealership by name.

(2) For a used motor vehicle dealer, the following:

(i) a commercial building owned or under lease by the licensee. The lease must
be for a minimum term of one year. The building must contain office space where the
books, records, and files necessary to conduct the business are kept and maintained with
personnel available during normal business hours or automatic telephone answering
service during normal business hours. Dealership business hours must be conspicuously
posted on the place of doing business and readily viewable by the public;

(ii) an area either indoors or outdoors to display motor vehicles which is owned or
under lease by the licensee; and

(iii) a sign readily viewable by the public that clearly identifies the dealership by
name.

(3) For a motor vehicle lessor, the following: a commercial office space where the
books, records, and files necessary to conduct the business are kept and maintained with
personnel available during normal business hours or an automatic telephone answering
service during normal business hours. Business hours must be conspicuously posted on
the place of doing business and readily viewable by the public. The office space must be
owned or under lease for a minimum term of one year by the licensee.

(4) For a motor vehicle wholesaler, the following: a commercial office space where
the books, records, and files necessary to conduct the business are kept and maintained
with personnel available during normal business hours or an automatic telephone
answering service during normal business hours. The office space must be owned or under
lease for a minimum term of one year by the licensee.

(5) For a motor vehicle auctioneer, the following: a permanent enclosed commercial
building, within or without the state, on a permanent foundation, owned or under lease
by the licensee. The lease must be for a minimum term of one year. The building must
contain office space where the books, records, and files necessary to conduct the business
are kept and maintained with personnel available during normal business hours or an
automatic telephone answering service during normal business hours.

(6) For a motor vehicle broker, the following: a commercial office space where
books, records, and files necessary to conduct business are kept and maintained with
personnel available during normal business hours, or an automatic telephone answering
service available during normal business hours. A sign, clearly identifying the motor
vehicle broker by name and listing the broker's business hours, must be posted in a location
and manner readily viewable by a member of the public visiting the office space. The
office space must be owned or under lease for a minimum term of one year by the licensee.

new text begin (7) For a limited use vehicle license holder, the following: a commercial office space
where books, records, and files necessary to conduct nonprofit charitable activities are kept
and maintained with personnel available during normal business hours, or an automatic
telephonic answering service available during normal business hours. The office space
must be owned or under lease for a minimum term of one year by the licensee.
new text end

(b) If a new or used motor vehicle dealer maintains more than one place of doing
business in a county, the separate places must be listed on the application. If additional
places of business are maintained outside of one county, separate licenses must be
obtained for each county.

(c) If a motor vehicle lessor, wholesaler, auctioneer, or motor vehicle broker
maintains more than one permanent place of doing business, either in one or more
counties, the separate places must be listed in the application, but only one license is
required. If a lessor proposes to sell previously leased or rented vehicles or if a broker
proposes to establish an office at a location outside the seven-county metropolitan area, as
defined in section 473.121, subdivision 2, other than cities of the first class, the lessor or
broker must obtain a license for each nonmetropolitan area county in which the lessor's
sales are to take place or where the broker proposes to locate an office.

(d) If a motor vehicle dealer, lessor, wholesaler, or motor vehicle broker does not
have direct access to a public road or street, any privately owned roadway providing
access to a public road or street must be clearly identified and adequately maintained.

(e) A new or used motor vehicle dealer may establish a temporary place of business
outside the county where it maintains its licensed location to sell horse trailers exclusively
without obtaining an additional license.

(f) A new or used motor vehicle dealer may establish a temporary place of business
outside the county where it maintains its licensed location to sell recreational vehicles
exclusively without obtaining an additional license if:

(1) the dealer establishes a temporary place of business for the sale of recreational
vehicles not more than four times during any calendar year;

(2) each temporary place of business other than an official county fair or the
Minnesota State Fair within the seven-county metropolitan area, as defined in section
473.121, subdivision 2, is established jointly with at least four other recreational vehicle
dealers;

(3) each temporary place of business other than an official county fair outside
the seven-county metropolitan area, as defined in section 473.121, subdivision 2, is
established jointly with at least one other recreational vehicle dealer;

(4) each establishment of a temporary place of business for the sale of recreational
vehicles is for no more than 12 consecutive days; and

(5) the dealer notifies the registrar of motor vehicles of each temporary place of
business for the sale of recreational vehicles.

Sec. 9.

Minnesota Statutes 2012, section 168.27, subdivision 11, is amended to read:

Subd. 11.

Dealers' licenses; location change notice; fee.

(a) Application for
a dealer's license or notification of a change of location of the place of business on a
dealer's license must include a street address, not a post office box, and is subject to the
commissioner's approval.

(b) Upon the filing of an application for a dealer's license and the proper fee, unless
the application on its face appears to be invalid, the commissioner shall grant a 90-day
temporary license. During the 90-day period following issuance of the temporary license,
the commissioner shall inspect the place of business site and insure compliance with this
section and rules adopted under this section.

(c) The commissioner may extend the temporary license 30 days to allow the
temporarily licensed dealer to come into full compliance with this section and rules
adopted under this section.

(d) In no more than 120 days following issuance of the temporary license, the dealer
license must either be granted or denied.

(e) A license must be denied under the following conditions:

(1) The license must be denied if within the previous ten years the applicant was
enjoined due to a violation of section 325F.69 or convicted of violating section 325E.14,
325E.15, 325E.16, or 325F.69, or convicted under section 609.53 of receiving or selling
stolen vehicles, or convicted of violating United States Code, title 15, sections 1981 to
1991 or pleaded guilty, entered a plea of nolo contendere or no contest, or has been found
guilty in a court of competent jurisdiction of any charge of failure to pay state or federal
income or sales taxes or felony charge of forgery, embezzlement, obtaining money under
false pretenses, theft by swindle, extortion, conspiracy to defraud, or bribery.

deleted text begin (2) The license must also be denied if within the previous year the applicant has been
denied a dealer license.
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end A license must deleted text begin also deleted text end be denied if the applicant has had a dealer license
revoked within the previous ten years.

(f) If the application is approved, the commissioner shall license the applicant as a
dealer for one year from the date the temporary license is granted and issue a certificate
of license that must include a distinguishing number of identification of the dealer. The
license must be displayed in a prominent place in the dealer's licensed place of business.

(g) Each initial application for a license must be accompanied by a fee of $100 in
addition to the annual fee. The annual fee is $150. The initial fees and annual fees must
be paid into the state treasury and credited to the general fund except that $50 of each
initial and annual fee must be paid into the vehicle services operating account in the
special revenue fund under section 299A.705.

Sec. 10.

Minnesota Statutes 2012, section 168A.153, subdivision 1, is amended to read:

Subdivision 1.

Older model vehicle.

new text begin (a) A dealer who buys an older model vehicle
to dismantle or destroy must:
new text end

new text begin (1) obtain the certificate of title or verify ownership on the department's electronic
record;
new text end

new text begin (2) notify any secured parties; and
new text end

new text begin (3) retain the certificate of title or a copy of the motor vehicle record.
new text end

new text begin (b) new text end A dealer who buys an older model vehicle to deleted text begin be dismantled deleted text end new text begin dismantle new text end or
deleted text begin destroyed shall report to deleted text end new text begin destroy must notify new text end the department within deleted text begin 30 deleted text end new text begin ten new text end days deleted text begin including deleted text end new text begin .
The notification must be made electronically as prescribed by the registrar, and must
include new text end the vehicle's license plate number and identification number, and the seller's
name and driver's license number.

new text begin (c) The records and information retained or submitted under paragraphs (a) and (b)
shall be kept and maintained in a manner consistent with the requirements of section
168A.11, subdivision 3.
new text end

Sec. 11.

Minnesota Statutes 2012, section 168A.153, subdivision 2, is amended to read:

Subd. 2.

Late-model or high-value vehicle.

new text begin (a) new text end A dealer who buys a late-model or
high-value vehicle to deleted text begin be dismantled deleted text end new text begin dismantle new text end or deleted text begin destroyed shall deleted text end new text begin destroy must:
new text end

new text begin (1) obtain the certificate of title;
new text end

new text begin (2) new text end notify deleted text begin the deleted text end new text begin any new text end secured deleted text begin party deleted text end new text begin parties new text end deleted text begin , if any, and the commissioner in the manner
prescribed in subdivision 3. The dealer must then properly destroy the certificate of
title deleted text end new text begin ; and
new text end

new text begin (3) retain the certificate of title or a copy of the motor vehicle record new text end .

new text begin (b) A dealer who buys a late-model or high-value vehicle to dismantle or destroy
must notify the department within ten days. The notification must be made electronically
as prescribed by the registrar, must include the vehicle's license plate number and
identification number, and must include the seller's name and driver's license number.
new text end

new text begin (c) The records and information retained or submitted under paragraphs (a) and (b)
shall be kept and maintained in a manner consistent with the requirements of section
168A.11, subdivision 3.
new text end

Sec. 12.

Minnesota Statutes 2012, section 168A.153, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Purchase of abandoned vehicles from a dealer. new text end

new text begin (a) Subdivision 1 does
not apply to purchase of a scrap vehicle as an abandoned vehicle from a license holder
under section 168.27 who is in possession of the vehicle for service or repair.
new text end

new text begin (b) A scrap vehicle dealer acquiring a scrap vehicle under this subdivision shall
obtain the selling dealer's business name and address, a copy of the repair order, and,
if available, a bill of sale or other evidence of open or legitimate purchase. The scrap
vehicle dealer must notify the department within ten days. The notification must be made
electronically as prescribed by the registrar, must include the vehicle's license plate
number and identification number, and must include the seller's name.
new text end

new text begin (c) The records and information obtained or submitted under paragraph (b) shall be
maintained in a manner consistent with the requirements of section 168A.11, subdivision 3.
new text end

Sec. 13.

Minnesota Statutes 2012, section 168A.153, subdivision 3, is amended to read:

Subd. 3.

Notification on vehicle to be dismantled or destroyed; service fee.

Within
the time frames prescribed in subdivisions 1 deleted text begin and deleted text end new text begin , new text end 2 new text begin , and 2a new text end of acquiring a vehicle titled and
registered in Minnesota, a dealer shall notify the registrar that the dealership purchased the
vehicle to be dismantled or destroyed. The notification must be made electronically as
prescribed by the registrar. The dealer may contract this service to a deputy registrar and
the registrar may charge a fee not to exceed $7 per transaction to provide this service.

Sec. 14.

Minnesota Statutes 2012, section 171.01, subdivision 49b, is amended to read:

Subd. 49b.

Valid medical examiner's certificate.

new text begin (a) new text end "Valid medical examiner's
certificate" means a record, on a form prescribed by the department:

(1) of a medical examiner's examination of a person who holds or is applying for a
class A, class B, or class C commercial driver's license;

(2) upon which the medical examiner attests that the applicant or license holder is
physically qualified to drive a commercial motor vehicle; and

(3) that is not expired.

new text begin (b) A valid medical examiner's certificate must be issued by a medical examiner
who is certified by the Federal Motor Carrier Administration and listed on the National
Registry of Certified Medical Examiners.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The section is effective May 1, 2014.
new text end

Sec. 15.

new text begin [171.017] BACKGROUND INVESTIGATIONS; DEPARTMENT
EMPLOYEES.
new text end

new text begin Subdivision 1. new text end

new text begin Background checks authorized new text end new text begin . new text end

new text begin The commissioner shall
investigate the criminal history background of any current or prospective employees of the
department being considered for any position with the department that has or will have:
new text end

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

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

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

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin (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 current
or prospective employee being investigated.
new text end

new text begin (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:
new text end

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

new text begin (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).
new text end

new text begin (c) The superintendent shall recover the cost to the bureau of a background check
through a fee charged to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Notification by other criminal justice agencies. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Annual background checks in certain instances. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2012, section 171.07, subdivision 3a, is amended to read:

Subd. 3a.

Identification cards for seniors.

A Minnesota identification card issued
to an applicant 65 years of age or over shall be of a distinguishing color and plainly
marked "senior." The fee for the card issued to an applicant 65 years of age or over shall
be one-half the required fee for a class D driver's license rounded down to the nearest
quarter dollar. A Minnesota identification card or a Minnesota driver's license issued to a
person 65 years of age or over shall be valid identification for the purpose of qualifying
for reduced rates, free licenses or services provided by any board, commission, agency or
institution that is wholly or partially funded by state appropriations. new text begin This subdivision does
not apply to an enhanced identification card issued to an applicant age 65 or older.
new text end

Sec. 17.

Minnesota Statutes 2012, section 171.07, subdivision 4, is amended to read:

Subd. 4.

Expiration.

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

(b) new text begin A new text end Minnesota identification deleted text begin cards deleted text end new text begin card new text end issued to deleted text begin applicants deleted text end new text begin an applicant new text end age 65 or
deleted text begin over deleted text end new text begin older new text end shall be valid for the lifetime of the applicant new text begin , except that for the purposes of
this paragraph, "Minnesota identification card" does not include an enhanced identification
card issued to an applicant age 65 or older new text end .

(c) 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.

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

new text begin Minnesota Statutes 2012, section 168.094, new text end new text begin is repealed.
new text end