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Minnesota Legislature

Office of the Revisor of Statutes

HF 3959

4th Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 07:58am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

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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 subdivisions;
171.017; 171.04, by adding a subdivision; 171.06, subdivisions 1, 3, by adding a
subdivision; 171.07, subdivisions 1, 3, 4, 9a, by adding a subdivision; 171.071,
subdivision 3; 171.072; 171.12, by adding subdivisions; 171.27; proposing
coding for new law in Minnesota Statutes, chapter 171; repealing Laws 2009,
chapter 92, section 1, as amended.

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

Section 1.

Minnesota Statutes 2014, section 171.01, is amended by adding a
subdivision to read:


new text begin Subd. 41a. new text end

new text begin Noncompliant license; noncompliant identification card.
new text end

new text begin "Noncompliant license," "noncompliant identification card," or "noncompliant license or
identification card," means a driver's license or Minnesota identification card issued under
section 171.019, subdivision 2, clause (2).
new text end

Sec. 2.

Minnesota Statutes 2014, section 171.01, is amended by adding a subdivision
to read:


new text begin Subd. 45b. new text end

new text begin REAL ID Act. new text end

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

Sec. 3.

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. 4.

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


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

Subdivision 1.

Background checks authorized.

The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end
investigate the criminal history background of new text beginany driver's license agent and new text endany current
or prospective employees of the department new text begin or driver's license agent new text endbeing considered for
any position deleted text beginwith the departmentdeleted text end that has or will havenew text begin the ability tonew text end:

(1) deleted text beginthe ability todeleted text end create or modify records of applicants for new text beginidentification cards and
driver's licenses, including
new text endenhanced drivers' licenses deleted text beginunder section 171.01, subdivision
31a
, or
deleted text end new text beginand new text endenhanced identification cards deleted text beginunder section 171.01, subdivision 31bdeleted text end;

(2) deleted text beginthe ability todeleted text end issue enhanced drivers' licenses deleted text beginunder section 171.01, subdivision
31a,
deleted text end or enhanced identification cards deleted text beginunder section 171.01, subdivision 31bdeleted text end; or

(3) deleted text beginthe ability todeleted 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 beginagent
or the
new text endcurrent 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 beginagent, new text endemployeenew 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 commissionernew 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 beginshalldeleted text endnew text begin mustnew 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. 5.

new text begin [171.019] REAL ID ACT CONFORMITY; LIMITATIONS.
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, "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 Subd. 2. new text end

new text begin License and Minnesota identification card options. new text end

new text begin The commissioner
must:
new text end

new text begin (1) except as provided in clauses (2) and (3), meet the requirements of the REAL ID
Act for licenses and identification cards under this chapter, 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 (2) establish a license and Minnesota identification card that does not meet all
requirements of the REAL ID Act, as provided in this chapter, including but not limited to
section 171.12, subdivision 7b; and
new text end

new text begin (3) establish an enhanced driver's license or enhanced identification card, as
provided in this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Limitations. new text end

new text begin Compliance under subdivision 2, clause (1), is limited to
those requirements of the REAL ID Act in effect as of the effective date of this act.
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 the availability of additional federal funds.
new text end

new text begin Subd. 5. new text end

new text begin Statutory construction. new text end

new text begin (a) Unless specifically provided otherwise, a
driver's license, instruction permit, or provisional license includes any noncompliant
license. Unless specifically provided otherwise, a Minnesota identification card includes
any noncompliant identification card.
new text end

new text begin (b) A noncompliant license does not include an enhanced driver's license, and a
noncompliant identification card does not include an enhanced identification card.
new text end

Sec. 6.

Minnesota Statutes 2014, section 171.04, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Temporary lawful admission. new text end

new text begin The commissioner must not issue a driver's
license or Minnesota identification card to an applicant whose lawful temporary admission
period, as demonstrated under section 171.06, subdivision 3, paragraph (b), expires within
30 days of the date of the application.
new text end

Sec. 7.

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


Subdivision 1.

deleted text beginForms ofdeleted text end Applicationnew text begin format and requirementsnew text end.

new text begin(a) new text endEvery
application for a Minnesota identification carddeleted text begin, fordeleted text endnew text begin includingnew text end an enhanced identification
card,new text begin or for a driver's license includingnew text end deleted text beginfordeleted text end an instruction permit, deleted text beginfordeleted text end a provisional license,
deleted text beginfor a driver's license, or fordeleted text endnew text begin andnew text end an enhanced driver's licensenew text begin,new text end must be made in a format
approved by the departmentdeleted text begin, anddeleted text endnew text begin.new text end Every application must be accompanied bynew text begin payment
of
new text end the proper fee. deleted text beginAll 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 beginon the applicationdeleted text end may be verified by a notary public.

Sec. 8.

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 begincertifiesdeleted text end new text beginverifiesnew text end that the applicant deleted text begindoes not havedeleted text end new text beginis not eligible fornew 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) contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b);
deleted text end

deleted text begin (6)deleted text endnew text begin (4)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; and

deleted text begin (7)deleted text endnew text begin (5)new text end contain deleted text begina spacedeleted text endnew text begin spacesnew text end where the applicant maynew text begin:
new text end

new text begin (i)new text end request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5anew text begin;
new text end

new text begin (ii) indicate a desire to make an anatomical gift under paragraph (d); and
new text end

new text begin (iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c
new text end.

new text begin (b) All applications must be accompanied by satisfactory evidence demonstrating
the applicant's:
new text end

new text begin (1) identity, date of birth, and Social Security number, or related documentation
as applicable;
new text end

new text begin (2) principal residence address in Minnesota, including application for a renewal
or change of address, unless the applicant provides a designated address under section
5B.05; and
new text end

new text begin (3) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
new text end

new text begin (c) An application for an enhanced driver's license or enhanced identification card
must be accompanied by:
new text end

new text begin (1) satisfactory evidence demonstrating the applicant's full legal name and United
States citizenship; and
new text end

new text begin (2) a photographic identity document.
new text end

deleted text begin (b)deleted text endnew text begin (d)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 endnew text begin (e)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. 9.

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) a listing of each available type of driver's license and Minnesota identification
card, including a noncompliant license or identification card, an enhanced driver's license,
and an enhanced identification card;
new text end

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

new text begin (3) an overview of data shared outside the state, including through electronic
validation or verification systems, as part of application and issuance of each type; and
new text end

new text begin (4) a statement notifying applicants that a driver's license or Minnesota identification
card that meets the requirements of the REAL ID Act is not mandatory.
new text end

new text begin (c) An applicant for a noncompliant license or identification card must sign an
acknowledgment of understanding of the limitations on its use.
new text end

Sec. 10.

new text begin [171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Scope and application. new text end

new text begin This section only applies for application and
issuance of driver's licenses and Minnesota identification cards that meet the requirements
of the REAL ID Act. Except as otherwise provided under this section, the requirements of
Minnesota Rules, chapter 7410, or successor rules, apply.
new text end

new text begin Subd. 2. new text end

new text begin Evidence; identity; date of birth. new text end

new text begin (a) Only the following is satisfactory
evidence under section 171.06, subdivision 3, paragraph (b), of an applicant's identity and
date of birth:
new text end

new text begin (1) a driver's license or identification card that (i) complies with the requirements of
the REAL ID Act, (ii) is not designated as temporary or limited term, and (iii) is current
or has been expired for five years or less;
new text end

new text begin (2) a valid, unexpired United States passport issued by the United States Department
of State;
new text end

new text begin (3) a certified copy of a birth certificate issued by a government bureau of vital
statistics or equivalent agency in the applicant's state of birth, which must bear the raised
or authorized seal of the issuing government entity;
new text end

new text begin (4) a consular report of birth abroad, certification of report of birth, or certification of
birth abroad, issued by the United States Department of State, Form FS-240, DS-1350,
or FS-545;
new text end

new text begin (5) a valid, unexpired permanent resident card issued by the United States
Department of Homeland Security or the former Immigration and Naturalization Service
of the United States Department of Justice, Form I-551;
new text end

new text begin (6) a certificate of naturalization issued by the United States Department of
Homeland Security, Form N-550 or Form N-570;
new text end

new text begin (7) a certificate of citizenship issued by the United States Department of Homeland
Security, Form N-560 or Form N-56;
new text end

new text begin (8) an unexpired employment authorization document issued by the United States
Department of Homeland Security, Form I-766 or Form I-688B;
new text end

new text begin (9) an unexpired passport that is not issued by a state and a valid, unexpired
United States visa accompanied by documentation of the applicant's most recent lawful
admittance into the United States; or
new text end

new text begin (10) a document as designated by the United States Department of Homeland
Security under Code of Federal Regulations, title 6, part 37.11(c)(1)(x).
new text end

new text begin (b) A document under paragraph (a) must be legible and unaltered.
new text end

new text begin (c) A primary or secondary document under Minnesota Rules, part 7410.0400, is not
satisfactory evidence unless provided under paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Evidence; lawful status. new text end

new text begin Only a form of documentation identified under
subdivision 2 is satisfactory evidence under section 171.06, subdivision 3, paragraph
(b), of an applicant's lawful status.
new text end

new text begin Subd. 4. new text end

new text begin Evidence; Social Security number. new text end

new text begin The following is satisfactory evidence
under section 171.06, subdivision 3, paragraph (b), of an applicant's Social Security
number or related documentation:
new text end

new text begin (1) a Social Security card;
new text end

new text begin (2) if a Social Security card is not available:
new text end

new text begin (i) a federal Form W-2;
new text end

new text begin (ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's
Social Security number; or
new text end

new text begin (iii) a computer-printed United States employment pay stub with the applicant's
name, address, and Social Security number; or
new text end

new text begin (3) for an applicant who provides a passport under subdivision 2, paragraph (a),
clause (9), documentation demonstrating nonwork authorized status.
new text end

new text begin Subd. 5. new text end

new text begin Evidence; residence in Minnesota. new text end

new text begin Two forms of documentation from
among the following are satisfactory evidence under section 171.06, subdivision 3,
paragraph (b), of an applicant's principal residence address in Minnesota:
new text end

new text begin (1) a home utility services bill issued no more than 90 days before the application,
provided that the commissioner must not accept a United States home utility bill if two
unrelated people are listed on the bill;
new text end

new text begin (2) a home utility services hook-up work order issued no more than 90 days before
the application, provided that the commissioner must not accept a home utility services
hook-up work order if two unrelated people are listed on the work order;
new text end

new text begin (3) United States financial information issued no more than 90 days before the
application, with account numbers redacted, including:
new text end

new text begin (i) a bank account statement;
new text end

new text begin (ii) a canceled check; or
new text end

new text begin (iii) a credit card statement;
new text end

new text begin (4) a United States high school identification card with a certified transcript from the
school, if issued no more than 180 days before the application;
new text end

new text begin (5) a Minnesota college or university identification card with a certified transcript
from the college or university, if issued no more than 180 days before the application;
new text end

new text begin (6) an employment pay stub issued no more than 90 days before the application that
lists the employer's name, address, and telephone number;
new text end

new text begin (7) a Minnesota unemployment insurance benefit statement issued no more than
90 days before the application;
new text end

new text begin (8) an assisted living or nursing home statement issued no more than 90 days before
the application;
new text end

new text begin (9) a life, health, automobile, homeowner's, or renter's insurance policy issued
no more than 90 days before the application, provided that the commissioner must not
accept a proof of insurance card;
new text end

new text begin (10) a federal or state income tax return or statement for the most recent tax filing year;
new text end

new text begin (11) a Minnesota property tax statement for the current year that shows the
applicant's principal residential address both on the mailing portion and the portion stating
what property is being taxed;
new text end

new text begin (12) a Minnesota vehicle certificate of title, if issued no more than 12 months before
the application;
new text end

new text begin (13) a filed property deed or title for current residence, if issued no more than 12
months before the application;
new text end

new text begin (14) a Supplemental Security Income award statement issued no more than 12
months before the application;
new text end

new text begin (15) mortgage documents for the applicant's principal residence;
new text end

new text begin (16) a residential lease agreement for the applicant's principal residence issued no
more than 12 months before the application;
new text end

new text begin (17) a valid driver's license, including an instruction permit, issued under this chapter;
new text end

new text begin (18) a valid Minnesota identification card;
new text end

new text begin (19) an unexpired Minnesota professional license;
new text end

new text begin (20) an unexpired Selective Service card; or
new text end

new text begin (21) military orders that are still in effect at the time of application.
new text end

new text begin (b) A document under paragraph (a) must include the applicant's name and an
address in Minnesota.
new text end

new text begin Subd. 6. new text end

new text begin Exceptions process. new text end

new text begin The commissioner must not grant a variance from
the requirements of this section under Minnesota Rules, part 7410.0600, for an applicant
having a lawful temporary admission period.
new text end

Sec. 11.

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


Subdivision 1.

License; contentsnew text begin and designnew text end.

(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 bearnew text begin: (1)new text end a distinguishing number assigned to the licensee; new text begin(2) new text endthe licensee's full
name and date of birth; new text begin(3) new text endeither deleted text begin(1)deleted text endnew text begin (i)new text end the licensee's residence address, or deleted text begin(2)deleted text endnew text begin (ii)new text end the
designated address under section 5B.05; new text begin(4) new text enda description of the licensee in a manner as
the commissioner deems necessary; deleted text beginanddeleted text end new text begin(5) new text endthe usual signature of the licenseenew 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."

(d) deleted text beginThe 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 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 for compliance with requirements
of the REAL ID Act, 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

new text begin (g) A license must display the licensee's full name or no fewer than 39 characters of
the name, with any truncation as necessary, beginning with the last character of the middle
name and proceeding through the second letter of the middle name, followed by the last
character of the first name and proceeding through the second letter of the first name.
new text end

Sec. 12.

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


new text begin Subd. 1c. new text end

new text begin Design for noncompliant licenses or identification cards. new text end

new text begin A
noncompliant license or identification card must:
new text end

new text begin (1) be printed with "Not for Federal Purposes" on the face;
new text end

new text begin (2) meet the requirements under Code of Federal Regulations, title 6, section 37.71;
and
new text end

new text begin (3) not bear a distinguishing indicator under subdivision 1, paragraph (e), or
subdivision 3, paragraph (e).
new text end

Sec. 13.

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


Subd. 3.

Identification card;new text begin content and design;new text end 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
bearnew text begin: (1)new text end a distinguishing number assigned to the applicant; new text begin(2) new text enda colored photograph or an
electronically produced image of the applicant; new text begin(3) new text endthe applicant's full name and date of
birth; new text begin(4) new text endeither deleted text begin(1)deleted text endnew text begin (i)new text end the licensee's residence address, or deleted text begin(2)deleted text endnew text begin (ii)new text end the designated address
under section 5B.05; new text begin(5) new text enda description of the applicant in the manner as the commissioner
deems necessary; deleted text beginanddeleted text end new text begin(6) new text endthe usual signature of the applicantnew 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 for
compliance with requirements of the REAL ID Act, 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

new text begin (g) A Minnesota identification card must display the cardholder's full name or no
fewer than 39 characters of the name, with any truncation as necessary, beginning with
the last character of the middle name and proceeding through the second letter of the
middle name, followed by the last character of the first name and proceeding through
the second letter of the first name.
new text end

deleted text begin (e)deleted text endnew text begin (h)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. 14.

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


Subd. 4.

new text beginIdentification card new text endexpiration.

(a) Except as otherwise provided in this
subdivision, the expiration date of Minnesota identification cards deleted text beginofdeleted text endnew text begin fornew text end applicants deleted text beginunder
the age of 65 shall be
deleted text endnew text begin isnew text end the birthday of the applicant in the fourth year following the date
of issuance of the card.

(b) deleted text beginA Minnesota identification card issued todeleted text endnew text begin Fornew text end an applicant age 65 or older deleted text beginshall bedeleted text endnew text begin:
new text end

new text begin (1) the expiration date is the birthday of the applicant in the eighth year following
the date of issuance of the card; or
new text end

new text begin (2) a noncompliant identification card isnew text end valid for the lifetime of the applicantdeleted text begin,
except that
deleted text endnew text begin.
new text end

new text begin (c)new text end For the purposes of deleted text beginthisdeleted text end paragraphnew 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 endnew 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) Notwithstanding paragraphs (a) to (d), 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, or one year after issuance if the last day of the person's legal
stay is not identified.
new text end

Sec. 15.

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


Subd. 9a.

Security deleted text beginfor enhanced driver's license and identification carddeleted text endnew text begin
features
new text end.

deleted text beginAn enhanceddeleted text endnew text begin (a) Anew text end driver's license or deleted text beginenhanceddeleted text end identification card must
include reasonable security measures tonew text begin:new text end preventnew text begin forgery, alteration, reproduction,
and
new text end counterfeitingnew text begin; facilitate detection of fraud; prohibit the ability to superimpose
a photograph or electronically produced image;
new text end and deleted text begintodeleted text end protect against unauthorized
disclosure of personal information deleted text beginregarding residents of this state that isdeleted text end contained in the
deleted text beginenhanceddeleted text end driver's license or deleted text beginenhanceddeleted text end identification card. The deleted text beginenhanceddeleted text end driver's license
must include the best available anticounterfeit laminate technology.

deleted text begin Thedeleted text endnew text begin (b) Annew 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. 16.

Minnesota Statutes 2014, section 171.071, subdivision 3, is amended to read:


Subd. 3.

deleted text beginExceptiondeleted text endnew text begin Limitationsnew text end.

new text beginSubdivision 1 applies only to a noncompliant
license or identification card.
new text endSubdivisions 1 and 2 do not apply to the commissioner's
requirements pertaining to a photograph or electronically produced image on an enhanced
driver's license or an enhanced identification card.

Sec. 17.

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.new text begin In application for a noncompliant license or identification card,new text end a
tribal identification card is a primary document for purposes of Minnesota Rules, part
7410.0400, and successor rules.

(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 tonew text begin: (1) application for a driver's
license or Minnesota identification card under this chapter except as provided in paragraph
(a); or (2)
new text end tribal identification cards used to prove an individual's residence for purposes of
section 201.061, subdivision 3.

Sec. 18.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the date of implementation of
the driver's license portion of the Minnesota licensing and registration system. The
commissioner shall notify the revisor of statutes regarding the date.
new text end

Sec. 19.

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 physical 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 physical 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. 20.

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


new text begin Subd. 7b. new text end

new text begin Noncompliant license or identification card. new text end

new text begin (a) The commissioner may
not, with respect to a noncompliant license or identification card:
new text end

new text begin (1) electronically disseminate outside the state data that is not disseminated as of the
effective date of this act;
new text end

new text begin (2) utilize any electronic validation or verification system accessible from or
maintained outside of the state that is not in use as of the effective date of this act; or
new text end

new text begin (3) share any data the department maintains under section 171.07, subdivision 13.
new text end

new text begin (b) The limitations in paragraph (a) do not apply as necessary to maintain compliance
with the driver's license compact under section 171.50.
new text end

new text begin (c) For purposes of this subdivision, "outside the state" includes federal agencies,
states other than Minnesota, organizations operating under agreement among the states,
and private entities.
new text end

Sec. 21.

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


171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.

(a) new text beginExcept as otherwise provided in this section, new text endthe expiration date for each
driver's licensedeleted 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) Notwithstanding paragraphs (a) to (c), 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, or one year after issuance if the last day of the person's legal stay is not identified.
new text end

deleted text begin (d)deleted text endnew 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. 22. new text beginREAL 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 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 January 15, 2017, the commissioner of public safety must submit a revision to
the report required under Laws 2016, chapter 83, section 2, subdivision 2. At a minimum,
the report 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

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

Sec. 23. new text beginAPPROPRIATION.
new text end

new text begin $6,270,000 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.
new text end

Sec. 24. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 171.06,
subdivision 3, paragraphs (d) and (e), 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. 25. 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. 26. new text beginEFFECTIVE DATE.
new text end

new text begin Except as specifically provided otherwise, this act is effective the day following final
enactment. Sections 1 to 21 apply for application and issuance of driver's licenses and
Minnesota identification cards on and after October 1, 2016.
new text end