SF 3589

1st Unofficial Engrossment - 89th Legislature (2015 - 2016) Posted on 05/17/2016 04:45pm

1.1A bill for an act

1.2relating to transportation; authorizing and governing implementation of
1.3requirements of the federal REAL ID Act; amending certain requirements
1.4governing driver's licenses and Minnesota identification cards; amending certain
1.5fees; requiring legislative reporting; requiring rulemaking; appropriating money;
1.6amending Minnesota Statutes 2014, sections 171.01, by adding subdivisions;
1.7171.017; 171.04, by adding a subdivision; 171.06, subdivisions 1, 3, by adding a
1.8subdivision; 171.07, subdivisions 1, 3, 4, 9a, by adding a subdivision; 171.071,
1.9subdivision 3; 171.072; 171.12, by adding subdivisions; 171.27; proposing
1.10coding for new law in Minnesota Statutes, chapter 171; repealing Laws 2009,
1.11chapter 92, section 1, as amended.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13    Section 1. Minnesota Statutes 2014, section 171.01, is amended by adding a
1.14subdivision to read:
1.15    Subd. 41a. Noncompliant license; noncompliant identification card.
1.16"Noncompliant license," "noncompliant identification card," or "noncompliant license or
1.17identification card," means a driver's license or Minnesota identification card issued under
1.18section 171.019, subdivision 2, clause (2).

1.19    Sec. 2. Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision
1.20to read:
1.21    Subd. 45b. REAL ID Act. "REAL ID Act" means the REAL ID Act of 2005,
1.22Public Law 109-13, Division B.

1.23    Sec. 3. Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision
1.24to read:
2.1    Subd. 48b. Temporary lawful status. "Temporary lawful status" has the meaning
2.2given in Code of Federal Regulations, title 6, section 37.3.

2.3    Sec. 4. Minnesota Statutes 2014, section 171.017, is amended to read:
2.4171.017 BACKGROUND INVESTIGATIONS; DEPARTMENT DRIVER'S
2.5LICENSE AGENTS AND CERTAIN EMPLOYEES.
2.6    Subdivision 1. Background checks authorized. The commissioner shall must
2.7investigate the criminal history background of any driver's license agent and any current
2.8or prospective employees of the department or driver's license agent being considered for
2.9any position with the department that has or will have the ability to:
2.10(1) the ability to create or modify records of applicants for identification cards and
2.11driver's licenses, including enhanced drivers' licenses under section 171.01, subdivision
2.1231a , or and enhanced identification cards under section 171.01, subdivision 31b;
2.13(2) the ability to issue enhanced drivers' licenses under section 171.01, subdivision
2.1431a, or enhanced identification cards under section 171.01, subdivision 31b; or
2.15(3) the ability to administer knowledge or skills tests under section 171.13 to an
2.16applicant for a commercial driver's license.
2.17    Subd. 2. Procedure. (a) The commissioner must request a criminal history
2.18background check from the superintendent of the Bureau of Criminal Apprehension on all
2.19individuals specified in subdivision 1. A request under this section must be accompanied
2.20by an executed criminal history consent form, including fingerprints, signed by the agent
2.21or the current or prospective employee being investigated.
2.22(b) After receiving a request under paragraph (a), the superintendent of the Bureau
2.23of Criminal Apprehension shall perform the background check required under subdivision
2.241. The superintendent shall retrieve criminal history data as defined in section 13.87,
2.25conduct a search of the national criminal records repository, and provide wants and
2.26warrant information from federal and state repositories. The superintendent is authorized
2.27to exchange fingerprints with the Federal Bureau of Investigation for purposes of the
2.28criminal history check. The superintendent shall return the results of the background
2.29checks to the commissioner to determine whether:
2.30(1) the agent, employee, or applicant for employment specified in subdivision 1,
2.31clause (1) or (2), has committed a disqualifying crime under Code of Federal Regulations,
2.32title 49, section 1572.103; or
2.33(2) the employee or applicant for employment specified in subdivision 1, clause (3),
2.34has a conviction of the type specified by Code of Federal Regulations, title 49, section
2.35384.228(j).
3.1(c) The superintendent shall recover the cost to the bureau of a background check
3.2through a fee charged to the commissioner or the driver's license agent, as appropriate,
3.3for the person on whom a background check is performed.
3.4    Subd. 3. Notification by other criminal justice agencies. Criminal justice
3.5agencies, as defined by section 13.02, subdivision 3a, shall provide the commissioner
3.6with information they possess and that the commissioner requires for the purposes of
3.7determining the employment suitability of current or prospective employees subject to
3.8this section.
3.9    Subd. 4. Annual background checks in certain instances. Consistent with Code
3.10of Federal Regulations, title 49, section 384.228, the commissioner shall request and the
3.11superintendent shall conduct annual background checks for the department employees
3.12specified in subdivision 1, clause (3). Annual background checks under this subdivision
3.13shall must be performed in a manner consistent with subdivisions 2 and 3.
3.14EFFECTIVE DATE.This section is effective July 1, 2017.

3.15    Sec. 5. [171.019] REAL ID ACT CONFORMITY; LIMITATIONS.
3.16    Subdivision 1. Definition. For purposes of this section, "federal change" means
3.17an appreciable modification or addition to REAL ID Act requirements, made after the
3.18effective date of this act, with respect to: legal requirements; processes; policies and
3.19procedures; or data collection, storage, and dissemination. Federal change includes but
3.20is not limited to a modification:
3.21(1) in what constitutes an official purpose under Code of Federal Regulations, title
3.226, part 37;
3.23(2) in the machine-readable technology standards for a license or Minnesota
3.24identification card;
3.25(3) in the information provided on the face of the license or Minnesota identification
3.26card;
3.27(4) that relates to dissemination of state-provided data to or among federal agencies,
3.28other states, organizations operating under agreement among the states, or private entities;
3.29and
3.30(5) that imposes an identifiable cost for the state of Minnesota.
3.31    Subd. 2. License and Minnesota identification card options. The commissioner
3.32must:
3.33(1) except as provided in clauses (2) and (3), meet the requirements of the REAL ID
3.34Act for licenses and identification cards under this chapter, including but not limited to
4.1documentation requirements, administrative processes, electronic validation or verification
4.2of data, and card design and marking;
4.3(2) establish a license and Minnesota identification card that does not meet all
4.4requirements of the REAL ID Act, as provided in this chapter, including but not limited to
4.5section 171.12, subdivision 7b; and
4.6(3) establish an enhanced driver's license or enhanced identification card, as
4.7provided in this chapter.
4.8    Subd. 3. Limitations. Compliance under subdivision 2, clause (1), is limited to
4.9those requirements of the REAL ID Act in effect as of the effective date of this act.
4.10The commissioner may not take any action to implement or meet the requirements of a
4.11federal change.
4.12    Subd. 4. Legislative notification. (a) Upon identification of an impending or
4.13completed federal change, the commissioner must notify the chairs and ranking minority
4.14members of the legislative committees having jurisdiction over transportation policy
4.15and finance, public safety, and data practices, and the Legislative Commission on Data
4.16Practices and Personal Data Privacy. Notification must be submitted as required under
4.17section 3.195, except that printed copies are not required.
4.18(b) Notification under this subdivision must include a review of the federal
4.19change, an initial analysis of data practices impacts, and any preliminary estimates of
4.20implementation costs, including the availability of additional federal funds.
4.21    Subd. 5. Statutory construction. (a) Unless specifically provided otherwise, a
4.22driver's license, instruction permit, or provisional license includes any noncompliant
4.23license. Unless specifically provided otherwise, a Minnesota identification card includes
4.24any noncompliant identification card.
4.25(b) A noncompliant license does not include an enhanced driver's license, and a
4.26noncompliant identification card does not include an enhanced identification card.

4.27    Sec. 6. Minnesota Statutes 2014, section 171.04, is amended by adding a subdivision
4.28to read:
4.29    Subd. 5. Temporary lawful admission. The commissioner must not issue a driver's
4.30license or Minnesota identification card to an applicant whose lawful temporary admission
4.31period, as demonstrated under section 171.06, subdivision 3, paragraph (b), expires within
4.3230 days of the date of the application.

4.33    Sec. 7. Minnesota Statutes 2014, section 171.06, subdivision 1, is amended to read:
5.1    Subdivision 1. Forms of Application format and requirements. (a) Every
5.2application for a Minnesota identification card, for including an enhanced identification
5.3card, or for a driver's license including for an instruction permit, for a provisional license,
5.4for a driver's license, or for and an enhanced driver's license, must be made in a format
5.5approved by the department, and. Every application must be accompanied by payment
5.6of the proper fee. All first-time applications and change-of-status applications must be
5.7signed in the presence of the person authorized to accept the application, or the signature
5.8on the application may be verified by a notary public. All applications requiring evidence
5.9of legal presence in the United States or United States citizenship
5.10(b) All applicants must sign the application and declare, under penalty of perjury,
5.11that the information presented in the application is true and correct. The application
5.12must be signed in the presence of the person authorized to accept the application, or the
5.13signature on the application may be verified by a notary public.

5.14    Sec. 8. Minnesota Statutes 2014, section 171.06, subdivision 3, is amended to read:
5.15    Subd. 3. Contents of application; other information. (a) An application must:
5.16    (1) state the full name, date of birth, sex, and either (i) the residence address of the
5.17applicant, or (ii) designated address under section 5B.05;
5.18    (2) as may be required by the commissioner, contain a description of the applicant
5.19and any other facts pertaining to the applicant, the applicant's driving privileges, and the
5.20applicant's ability to operate a motor vehicle with safety;
5.21    (3) state:
5.22    (i) the applicant's Social Security number; or
5.23    (ii) if the applicant does not have a Social Security number and is applying for a
5.24Minnesota identification card, instruction permit, or class D provisional or driver's license,
5.25that the applicant certifies verifies that the applicant does not have is not eligible for a
5.26Social Security number;
5.27    (4) in the case of an application for an enhanced driver's license or enhanced
5.28identification card, present:
5.29(i) proof satisfactory to the commissioner of the applicant's full legal name, United
5.30States citizenship, identity, date of birth, Social Security number, and residence address; and
5.31(ii) a photographic identity document;
5.32(5) contain a space where the applicant may indicate a desire to make an anatomical
5.33gift according to paragraph (b);
5.34    (6) (4) contain a notification to the applicant of the availability of a living will/health
5.35care directive designation on the license under section 171.07, subdivision 7; and
6.1(7) (5) contain a space spaces where the applicant may:
6.2(i) request a veteran designation on the license under section 171.07, subdivision 15,
6.3and the driving record under section 171.12, subdivision 5a;
6.4(ii) indicate a desire to make an anatomical gift under paragraph (d); and
6.5(iii) as applicable, designate document retention as provided under section 171.12,
6.6subdivision 3c.
6.7    (b) All applications must be accompanied by satisfactory evidence demonstrating
6.8the applicant's:
6.9(1) identity, date of birth, and Social Security number, or related documentation
6.10as applicable;
6.11(2) principal residence address in Minnesota, including application for a renewal
6.12or change of address, unless the applicant provides a designated address under section
6.135B.05; and
6.14(3) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
6.15(c) An application for an enhanced driver's license or enhanced identification card
6.16must be accompanied by:
6.17(1) satisfactory evidence demonstrating the applicant's full legal name and United
6.18States citizenship; and
6.19(2) a photographic identity document.
6.20    (b) (d) If the applicant does not indicate a desire to make an anatomical gift when
6.21the application is made, the applicant must be offered a donor document in accordance
6.22with section 171.07, subdivision 5. The application must contain statements sufficient to
6.23comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
6.24Act, chapter 525A, so that execution of the application or donor document will make
6.25the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
6.26desire to make an anatomical gift. The application must be accompanied by information
6.27describing Minnesota laws regarding anatomical gifts and the need for and benefits of
6.28anatomical gifts, and the legal implications of making an anatomical gift, including the
6.29law governing revocation of anatomical gifts. The commissioner shall distribute a notice
6.30that must accompany all applications for and renewals of a driver's license or Minnesota
6.31identification card. The notice must be prepared in conjunction with a Minnesota organ
6.32procurement organization that is certified by the federal Department of Health and Human
6.33Services and must include:
6.34    (1) a statement that provides a fair and reasonable description of the organ donation
6.35process, the care of the donor body after death, and the importance of informing family
6.36members of the donation decision; and
7.1    (2) a telephone number in a certified Minnesota organ procurement organization that
7.2may be called with respect to questions regarding anatomical gifts.
7.3    (c) (e) The application must be accompanied also by information containing relevant
7.4facts relating to:
7.5    (1) the effect of alcohol on driving ability;
7.6    (2) the effect of mixing alcohol with drugs;
7.7    (3) the laws of Minnesota relating to operation of a motor vehicle while under the
7.8influence of alcohol or a controlled substance; and
7.9    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
7.10for alcohol-related violations.

7.11    Sec. 9. Minnesota Statutes 2014, section 171.06, is amended by adding a subdivision
7.12to read:
7.13    Subd. 3b. Information for applicants. (a) The commissioner must develop
7.14summary information on identity document options and must ensure distribution of the
7.15information to all driver's license and Minnesota identification card applicants.
7.16(b) The summary information must include the following information, expressed in
7.17a clear and concise manner:
7.18(1) a listing of each available type of driver's license and Minnesota identification
7.19card, including a noncompliant license or identification card, an enhanced driver's license,
7.20and an enhanced identification card;
7.21(2) the official purposes of and limitations on use for each type of driver's license
7.22and Minnesota identification card;
7.23(3) an overview of data shared outside the state, including through electronic
7.24validation or verification systems, as part of application and issuance of each type; and
7.25(4) a statement notifying applicants that a driver's license or Minnesota identification
7.26card that meets the requirements of the REAL ID Act is not mandatory.
7.27(c) An applicant for a noncompliant license or identification card must sign an
7.28acknowledgment of understanding of the limitations on its use.

7.29    Sec. 10. [171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE.
7.30    Subdivision 1. Scope and application. This section only applies for application and
7.31issuance of driver's licenses and Minnesota identification cards that meet the requirements
7.32of the REAL ID Act. Except as otherwise provided under this section, the requirements of
7.33Minnesota Rules, chapter 7410, or successor rules, apply.
8.1    Subd. 2. Evidence; identity; date of birth. (a) Only the following is satisfactory
8.2evidence under section 171.06, subdivision 3, paragraph (b), of an applicant's identity and
8.3date of birth:
8.4(1) a driver's license or identification card that (i) complies with the requirements of
8.5the REAL ID Act, (ii) is not designated as temporary or limited term, and (iii) is current
8.6or has been expired for five years or less;
8.7(2) a valid, unexpired United States passport issued by the United States Department
8.8of State;
8.9(3) a certified copy of a birth certificate issued by a government bureau of vital
8.10statistics or equivalent agency in the applicant's state of birth, which must bear the raised
8.11or authorized seal of the issuing government entity;
8.12(4) a consular report of birth abroad, certification of report of birth, or certification of
8.13birth abroad, issued by the United States Department of State, Form FS-240, DS-1350,
8.14or FS-545;
8.15(5) a valid, unexpired permanent resident card issued by the United States
8.16Department of Homeland Security or the former Immigration and Naturalization Service
8.17of the United States Department of Justice, Form I-551;
8.18(6) a certificate of naturalization issued by the United States Department of
8.19Homeland Security, Form N-550 or Form N-570;
8.20(7) a certificate of citizenship issued by the United States Department of Homeland
8.21Security, Form N-560 or Form N-56;
8.22(8) an unexpired employment authorization document issued by the United States
8.23Department of Homeland Security, Form I-766 or Form I-688B;
8.24(9) an unexpired passport that is not issued by a state and a valid, unexpired
8.25United States visa accompanied by documentation of the applicant's most recent lawful
8.26admittance into the United States; or
8.27(10) a document as designated by the United States Department of Homeland
8.28Security under Code of Federal Regulations, title 6, part 37.11(c)(1)(x).
8.29(b) A document under paragraph (a) must be legible and unaltered.
8.30(c) A primary or secondary document under Minnesota Rules, part 7410.0400, is not
8.31satisfactory evidence unless provided under paragraph (a).
8.32    Subd. 3. Evidence; lawful status. Only a form of documentation identified under
8.33subdivision 2 is satisfactory evidence under section 171.06, subdivision 3, paragraph
8.34(b), of an applicant's lawful status.
9.1    Subd. 4. Evidence; Social Security number. The following is satisfactory evidence
9.2under section 171.06, subdivision 3, paragraph (b), of an applicant's Social Security
9.3number or related documentation:
9.4(1) a Social Security card;
9.5(2) if a Social Security card is not available:
9.6(i) a federal Form W-2;
9.7(ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's
9.8Social Security number; or
9.9(iii) a computer-printed United States employment pay stub with the applicant's
9.10name, address, and Social Security number; or
9.11(3) for an applicant who provides a passport under subdivision 2, paragraph (a),
9.12clause (9), documentation demonstrating nonwork authorized status.
9.13    Subd. 5. Evidence; residence in Minnesota. Two forms of documentation from
9.14among the following are satisfactory evidence under section 171.06, subdivision 3,
9.15paragraph (b), of an applicant's principal residence address in Minnesota:
9.16(1) a home utility services bill issued no more than 90 days before the application,
9.17provided that the commissioner must not accept a United States home utility bill if two
9.18unrelated people are listed on the bill;
9.19(2) a home utility services hook-up work order issued no more than 90 days before
9.20the application, provided that the commissioner must not accept a home utility services
9.21hook-up work order if two unrelated people are listed on the work order;
9.22(3) United States financial information issued no more than 90 days before the
9.23application, with account numbers redacted, including:
9.24(i) a bank account statement;
9.25(ii) a canceled check; or
9.26(iii) a credit card statement;
9.27(4) a United States high school identification card with a certified transcript from the
9.28school, if issued no more than 180 days before the application;
9.29(5) a Minnesota college or university identification card with a certified transcript
9.30from the college or university, if issued no more than 180 days before the application;
9.31(6) an employment pay stub issued no more than 90 days before the application that
9.32lists the employer's name, address, and telephone number;
9.33(7) a Minnesota unemployment insurance benefit statement issued no more than
9.3490 days before the application;
9.35(8) an assisted living or nursing home statement issued no more than 90 days before
9.36the application;
10.1(9) a life, health, automobile, homeowner's, or renter's insurance policy issued
10.2no more than 90 days before the application, provided that the commissioner must not
10.3accept a proof of insurance card;
10.4(10) a federal or state income tax return or statement for the most recent tax filing year;
10.5(11) a Minnesota property tax statement for the current year that shows the
10.6applicant's principal residential address both on the mailing portion and the portion stating
10.7what property is being taxed;
10.8(12) a Minnesota vehicle certificate of title, if issued no more than 12 months before
10.9the application;
10.10(13) a filed property deed or title for current residence, if issued no more than 12
10.11months before the application;
10.12(14) a Supplemental Security Income award statement issued no more than 12
10.13months before the application;
10.14(15) mortgage documents for the applicant's principal residence;
10.15(16) a residential lease agreement for the applicant's principal residence issued no
10.16more than 12 months before the application;
10.17(17) a valid driver's license, including an instruction permit, issued under this chapter;
10.18(18) a valid Minnesota identification card;
10.19(19) an unexpired Minnesota professional license;
10.20(20) an unexpired Selective Service card; or
10.21(21) military orders that are still in effect at the time of application.
10.22(b) A document under paragraph (a) must include the applicant's name and an
10.23address in Minnesota.
10.24    Subd. 6. Exceptions process. The commissioner must not grant a variance from
10.25the requirements of this section under Minnesota Rules, part 7410.0600, for an applicant
10.26having a lawful temporary admission period.

10.27    Sec. 11. Minnesota Statutes 2014, section 171.07, subdivision 1, is amended to read:
10.28    Subdivision 1. License; contents and design. (a) Upon the payment of the required
10.29fee, the department shall issue to every qualifying applicant a license designating the
10.30type or class of vehicles the applicant is authorized to drive as applied for. This license
10.31must bear: (1) a distinguishing number assigned to the licensee; (2) the licensee's full
10.32name and date of birth; (3) either (1) (i) the licensee's residence address, or (2) (ii) the
10.33designated address under section 5B.05; (4) a description of the licensee in a manner as
10.34the commissioner deems necessary; and (5) the usual signature of the licensee; and (6)
10.35designations and markings as provided in this section. No license is valid unless it bears
11.1the usual signature of the licensee. Every license must bear a colored photograph or an
11.2electronically produced image of the licensee.
11.3    (b) If the United States Postal Service will not deliver mail to the applicant's
11.4residence address as listed on the license, then the applicant shall provide verification from
11.5the United States Postal Service that mail will not be delivered to the applicant's residence
11.6address and that mail will be delivered to a specified alternate mailing address. When an
11.7applicant provides an alternate mailing address under this subdivision, the commissioner
11.8shall use the alternate mailing address in lieu of the applicant's residence address for
11.9all notices and mailings to the applicant.
11.10    (c) Every license issued to an applicant under the age of 21 must be of a
11.11distinguishing color and plainly marked "Under-21."
11.12    (d) The department shall use processes in issuing a license that prohibit, as nearly as
11.13possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
11.14photograph or electronically produced image on a license, without ready detection.
11.15    (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
11.16requested by the applicant.
11.17(e) A license must bear a distinguishing indicator for compliance with requirements
11.18of the REAL ID Act, as determined by the commissioner.
11.19(f) A license issued to a person with temporary lawful status must be marked
11.20"temporary" on the face and in the machine-readable portion of the license.
11.21(g) A license must display the licensee's full name or no fewer than 39 characters of
11.22the name, with any truncation as necessary, beginning with the last character of the middle
11.23name and proceeding through the second letter of the middle name, followed by the last
11.24character of the first name and proceeding through the second letter of the first name.

11.25    Sec. 12. Minnesota Statutes 2014, section 171.07, is amended by adding a subdivision
11.26to read:
11.27    Subd. 1c. Design for noncompliant licenses or identification cards. A
11.28noncompliant license or identification card must:
11.29(1) be printed with "Not for Federal Purposes" on the face;
11.30(2) meet the requirements under Code of Federal Regulations, title 6, section 37.71;
11.31and
11.32(3) not bear a distinguishing indicator under subdivision 1, paragraph (e), or
11.33subdivision 3, paragraph (e).

11.34    Sec. 13. Minnesota Statutes 2014, section 171.07, subdivision 3, is amended to read:
12.1    Subd. 3. Identification card; content and design; fee. (a) Upon payment of
12.2the required fee, the department shall issue to every qualifying applicant a Minnesota
12.3identification card. The department may not issue a Minnesota identification card to an
12.4individual who has a driver's license, other than a limited license. The department may not
12.5issue an enhanced identification card to an individual who is under 16 years of age, not
12.6a resident of this state, or not a citizen of the United States of America. The card must
12.7bear: (1) a distinguishing number assigned to the applicant; (2) a colored photograph or an
12.8electronically produced image of the applicant; (3) the applicant's full name and date of
12.9birth; (4) either (1) (i) the licensee's residence address, or (2) (ii) the designated address
12.10under section 5B.05; (5) a description of the applicant in the manner as the commissioner
12.11deems necessary; and (6) the usual signature of the applicant; and (7) designations and
12.12markings as provided in this section.
12.13    (b) If the United States Postal Service will not deliver mail to the applicant's
12.14residence address as listed on the Minnesota identification card, then the applicant shall
12.15provide verification from the United States Postal Service that mail will not be delivered
12.16to the applicant's residence address and that mail will be delivered to a specified alternate
12.17mailing address. When an applicant provides an alternate mailing address under this
12.18subdivision, the commissioner shall use the alternate mailing address in lieu of the
12.19applicant's residence address for all notices and mailings to the applicant.
12.20    (c) Each identification card issued to an applicant under the age of 21 must be of a
12.21distinguishing color and plainly marked "Under-21."
12.22    (d) Each Minnesota identification card must be plainly marked "Minnesota
12.23identification card - not a driver's license."
12.24(e) A Minnesota identification card must bear a distinguishing indicator for
12.25compliance with requirements of the REAL ID Act, as determined by the commissioner.
12.26(f) A Minnesota identification card issued to a person with temporary lawful status
12.27must be marked "temporary" on the face and in the machine-readable portion of the card.
12.28(g) A Minnesota identification card must display the cardholder's full name or no
12.29fewer than 39 characters of the name, with any truncation as necessary, beginning with
12.30the last character of the middle name and proceeding through the second letter of the
12.31middle name, followed by the last character of the first name and proceeding through
12.32the second letter of the first name.
12.33    (e) (h) The fee for a Minnesota identification card is 50 cents when issued to a
12.34person who is developmentally disabled, as defined in section 252A.02, subdivision 2; a
12.35physically disabled person, as defined in section 169.345, subdivision 2; or, a person with
12.36mental illness, as described in section 245.462, subdivision 20, paragraph (c).

13.1    Sec. 14. Minnesota Statutes 2014, section 171.07, subdivision 4, is amended to read:
13.2    Subd. 4. Identification card expiration. (a) Except as otherwise provided in this
13.3subdivision, the expiration date of Minnesota identification cards of for applicants under
13.4the age of 65 shall be is the birthday of the applicant in the fourth year following the date
13.5of issuance of the card.
13.6(b) A Minnesota identification card issued to For an applicant age 65 or older shall be:
13.7(1) the expiration date is the birthday of the applicant in the eighth year following
13.8the date of issuance of the card; or
13.9(2) a noncompliant identification card is valid for the lifetime of the applicant,
13.10except that.
13.11(c) For the purposes of this paragraph (b), "Minnesota identification card" does not
13.12include an enhanced identification card issued to an applicant age 65 or older.
13.13(c) (d) The expiration date for an Under-21 identification card is the cardholder's
13.1421st birthday. The commissioner shall issue an identification card to a holder of an
13.15Under-21 identification card who applies for the card, pays the required fee, and presents
13.16proof of identity and age, unless the commissioner determines that the applicant is not
13.17qualified for the identification card.
13.18(e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification
13.19card issued to a person with temporary lawful status is the last day of the person's legal
13.20stay in the United States, or one year after issuance if the last day of the person's legal
13.21stay is not identified.

13.22    Sec. 15. Minnesota Statutes 2014, section 171.07, subdivision 9a, is amended to read:
13.23    Subd. 9a. Security for enhanced driver's license and identification card
13.24features. An enhanced (a) A driver's license or enhanced identification card must
13.25include reasonable security measures to: prevent forgery, alteration, reproduction,
13.26and counterfeiting; facilitate detection of fraud; prohibit the ability to superimpose
13.27a photograph or electronically produced image; and to protect against unauthorized
13.28disclosure of personal information regarding residents of this state that is contained in the
13.29enhanced driver's license or enhanced identification card. The enhanced driver's license
13.30must include the best available anticounterfeit laminate technology.
13.31The (b) An enhanced driver's license or enhanced identification card may include
13.32radio frequency identification technology that is limited to a randomly assigned number,
13.33which must be encrypted if agreed to by the United States Department of Homeland
13.34Security and does not include biometric data or any information other than the citizenship
13.35status of the license holder or cardholder. The commissioner shall ensure that the radio
14.1frequency identification technology is secure from unauthorized data access. An applicant
14.2must sign an acknowledgment of understanding of the radio frequency identification
14.3technology and its use for the sole purpose of verifying United States citizenship before
14.4being issued an enhanced driver's license or an enhanced identification card.

14.5    Sec. 16. Minnesota Statutes 2014, section 171.071, subdivision 3, is amended to read:
14.6    Subd. 3. Exception Limitations. Subdivision 1 applies only to a noncompliant
14.7license or identification card. Subdivisions 1 and 2 do not apply to the commissioner's
14.8requirements pertaining to a photograph or electronically produced image on an enhanced
14.9driver's license or an enhanced identification card.

14.10    Sec. 17. Minnesota Statutes 2014, section 171.072, is amended to read:
14.11171.072 TRIBAL IDENTIFICATION CARD.
14.12(a) If a Minnesota identification card is deemed an acceptable form of identification
14.13in Minnesota Statutes or Rules, a tribal identification card is also an acceptable form
14.14of identification. In application for a noncompliant license or identification card, a
14.15tribal identification card is a primary document for purposes of Minnesota Rules, part
14.167410.0400, and successor rules.
14.17(b) For purposes of this section, "tribal identification card" means an unexpired
14.18identification card issued by a Minnesota tribal government of a tribe recognized by the
14.19Bureau of Indian Affairs, United States Department of the Interior, that contains the legal
14.20name, date of birth, signature, and picture of the enrolled tribal member.
14.21(c) The tribal identification card must contain security features that make it as
14.22impervious to alteration as is reasonably practicable in its design and quality of material
14.23and technology. The security features must use materials that are not readily available to
14.24the general public. The tribal identification card must not be susceptible to reproduction by
14.25photocopying or simulation and must be highly resistant to data or photograph substitution
14.26and other tampering.
14.27(d) The requirements of this section do not apply to: (1) application for a driver's
14.28license or Minnesota identification card under this chapter except as provided in paragraph
14.29(a); or (2) tribal identification cards used to prove an individual's residence for purposes of
14.30section 201.061, subdivision 3.

14.31    Sec. 18. Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision
14.32to read:
15.1    Subd. 1a. Driver and vehicle services information system; security and auditing.
15.2(a) The commissioner must establish written procedures to ensure that only individuals
15.3explicitly authorized by law may enter, update, or access not public data collected, created,
15.4or maintained by the driver and vehicle services information system. An authorized
15.5individual's ability to enter, update, or access data in the system must be limited through
15.6use of role-based access that corresponds to the official duties or training level of the
15.7individual and the statutory authorization granting access for that purpose. All queries
15.8and responses, and all actions in which data are entered, updated, accessed, shared, or
15.9disseminated, must be recorded in a data audit trail. Data contained in the audit trail are
15.10public to the extent the data are not otherwise classified by law.
15.11(b) The commissioner must immediately and permanently revoke the authorization
15.12of any individual who willfully entered, updated, accessed, shared, or disseminated data in
15.13violation of state or federal law. If an individual willfully gained access to data without
15.14explicit authorization by law, the commissioner must forward the matter to the county
15.15attorney for prosecution.
15.16(c) The commissioner must arrange for an independent biennial audit of the driver
15.17and vehicle services information system to determine whether data currently in the system
15.18are classified, how the data are used, and to verify compliance with this subdivision. The
15.19results of the audit are public. No later than 30 days following completion of the audit, the
15.20commissioner must provide a report summarizing the audit results to the commissioner of
15.21administration; the chairs and ranking minority members of the committees of the house
15.22of representatives and the senate with jurisdiction over transportation policy and finance,
15.23public safety, and data practices; and the Legislative Commission on Data Practices
15.24and Personal Data Privacy. The report must be submitted as required under Minnesota
15.25Statutes, section 3.195, except that printed copies are not required.
15.26EFFECTIVE DATE.This section is effective on the date of implementation of
15.27the driver's license portion of the Minnesota licensing and registration system. The
15.28commissioner shall notify the revisor of statutes regarding the date.

15.29    Sec. 19. Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision
15.30to read:
15.31    Subd. 3c. Record retention; birth certificates. (a) If the procedures established
15.32by the commissioner for driver's license or Minnesota identification card records include
15.33retention of a physical copy or digital image of a birth certificate, the commissioner must:
15.34(1) notify a driver's license or identification card applicant of the retention procedure;
15.35and
16.1(2) allow the applicant, licensee, or identification card holder to designate that the
16.2applicant, licensee, or identification card holder's birth certificate physical copy or digital
16.3image must not be retained.
16.4(b) The commissioner must not retain a birth certificate if directed by an applicant,
16.5licensee, or identification card holder under paragraph (a), clause (2), but must record
16.6and retain data on the birth certificate required under Code of Federal Regulations, title
16.76, section 37.31(c).

16.8    Sec. 20. Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision
16.9to read:
16.10    Subd. 7b. Noncompliant license or identification card. (a) The commissioner may
16.11not, with respect to a noncompliant license or identification card:
16.12(1) electronically disseminate outside the state data that is not disseminated as of
16.13the effective date of this act; or
16.14(2) utilize any electronic validation or verification system accessible from or
16.15maintained outside of the state that is not in use as of the effective date of this act.
16.16(b) The limitations in paragraph (a) do not apply as necessary to maintain compliance
16.17with the driver's license compact under section 171.50.
16.18(c) For purposes of this subdivision, "outside the state" includes federal agencies,
16.19states other than Minnesota, organizations operating under agreement among the states,
16.20and private entities.

16.21    Sec. 21. Minnesota Statutes 2014, section 171.12, is amended by adding a subdivision
16.22to read:
16.23    Subd. 7c. Firearms data. (a) The commissioner may not share any data the
16.24department maintains under section 171.07, subdivision 13.
16.25(b) The commissioner may not share any data pertaining to the purchase or transfer
16.26of firearms, and applications for permits to carry firearms, collected by government
16.27entities pursuant to sections 624.712 to 624.719.

16.28    Sec. 22. Minnesota Statutes 2014, section 171.27, is amended to read:
16.29171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.
16.30(a) Except as otherwise provided in this section, the expiration date for each
16.31driver's license, other than under-21 licenses, is the birthday of the driver in the fourth
16.32year following the date of issuance of the license. The birthday of the driver shall be as
16.33indicated on the application for a driver's license. A license may be renewed on or before
17.1expiration or within one year after expiration upon application, payment of the required
17.2fee, and passing the examination required of all drivers for renewal. Driving privileges
17.3shall be extended or renewed on or preceding the expiration date of an existing driver's
17.4license unless the commissioner believes that the licensee is no longer qualified as a driver.
17.5(b) The expiration date for each under-21 license shall be the 21st birthday of the
17.6licensee. Upon the licensee attaining the age of 21 and upon the application, payment
17.7of the required fee, and passing the examination required of all drivers for renewal, a
17.8driver's license shall be issued unless the commissioner determines that the licensee is
17.9no longer qualified as a driver.
17.10(c) The expiration date for each provisional license is two years after the date of
17.11application for the provisional license.
17.12(d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued to a
17.13person with temporary lawful status is the last day of the person's legal stay in the United
17.14States, or one year after issuance if the last day of the person's legal stay is not identified.
17.15(d) (e) Any valid Minnesota driver's license issued to a person then or subsequently
17.16serving outside Minnesota in active military service, as defined in section 190.05,
17.17subdivision 5 , in any branch or unit of the armed forces of the United States, or the
17.18person's spouse, shall continue in full force and effect without requirement for renewal
17.19until the date one year following the service member's separation or discharge from active
17.20military service, and until the license holder's birthday in the fourth full year following
17.21the person's most recent license renewal or, in the case of a provisional license, until the
17.22person's birthday in the third full year following the renewal.

17.23    Sec. 23. REAL ID ACT IMPLEMENTATION.
17.24    Subdivision 1. Definition. For purposes of this section, "REAL ID Act" means the
17.25REAL ID Act of 2005, Public Law 109-13, Division B.
17.26    Subd. 2. Full implementation and conformity; deadline. The commissioner
17.27of public safety must implement the provisions of this act in a manner to ensure full
17.28compliance and conformity with the requirements of the REAL ID Act, including the
17.29ability to issue fully compliant driver's licenses and Minnesota identification cards, no
17.30later than October 1, 2016.
17.31    Subd. 3. Mandatory reissuance prohibition. When implementing the REAL ID
17.32Act requirements under this act and Minnesota Statutes, chapter 171, the commissioner
17.33of public safety is prohibited from requiring renewal or reissuance of a driver's license
17.34or Minnesota identification card earlier than required under the regular issuance time
18.1period. Nothing in this subdivision prevents suspension, cancellation, or revocation as
18.2provided in Minnesota Statutes, chapter 171.
18.3    Subd. 4. Legislative reporting. (a) The commissioner of public safety must
18.4establish an implementation schedule for meeting the requirements under subdivision 2.
18.5The schedule must include monthly implementation activity and milestones. On or before
18.6the last business day of each month until full implementation and compliance is achieved,
18.7the commissioner must submit a status update that provides details on the implementation
18.8schedule, activity and accomplishments since the previous status update, identified risks to
18.9implementation, and overall status.
18.10(b) By January 15, 2017, the commissioner of public safety must submit a revision to
18.11the report required under Laws 2016, chapter 83, section 2, subdivision 2. At a minimum,
18.12the report must provide (1) revised information and analysis for each of the planning
18.13activities required for the 2016 report, and (2) implementation status information.
18.14(c) Each implementation status update under paragraph (a) and the report under
18.15paragraph (b) must be submitted to the chairs and ranking minority members of the
18.16legislative committees with jurisdiction over transportation policy and finance, public
18.17safety, civil law, and data practices, and to the Legislative Commission on Data Practices
18.18and Personal Data Privacy. The report must be submitted as required under Minnesota
18.19Statutes, section 3.195, except that printed copies are not required.

18.20    Sec. 24. APPROPRIATION.
18.21$6,270,000 in fiscal year 2016 is appropriated from the driver services operating
18.22account in the special revenue fund to the commissioner of public safety for
18.23implementation and conformity with requirements of the REAL ID Act of 2005, Public
18.24Law 109-13, Division B, as provided under this act. This is a onetime appropriation.

18.25    Sec. 25. REVISOR'S INSTRUCTION.
18.26The revisor of statutes shall renumber Minnesota Statutes, section 171.06,
18.27subdivision 3, paragraphs (d) and (e), as Minnesota Statutes, section 171.06, subdivision
18.283b, paragraphs (c) and (d). The revisor shall also make any necessary cross-reference
18.29changes consistent with the renumbering.

18.30    Sec. 26. REPEALER.
18.31Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section
18.321, is repealed.

19.1    Sec. 27. EFFECTIVE DATE.
19.2Except as specifically provided otherwise, this act is effective the day following final
19.3enactment. Sections 1 to 22 apply for application and issuance of driver's licenses and
19.4Minnesota identification cards on and after October 1, 2016.