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Key: (1) language to be deleted (2) new language

CHAPTER 76--H.F.No. 3

An act

relating to transportation; authorizing and governing implementation of compliance with federal REAL ID Act requirements; modifying and adding various requirements governing issuance of driver's licenses and Minnesota identification cards; providing for data practices; requiring a report; appropriating money;

amending Minnesota Statutes 2016, sections 171.01, by adding subdivisions; 171.017; 171.04, by adding a subdivision; 171.06, subdivisions 1, 2, 3, by adding a subdivision; 171.061, subdivision 3; 171.07, subdivisions 1, 3, 4, 9a; 171.071, subdivision 3; 171.072; 171.12, by adding subdivisions; 171.27; proposing coding for new law in Minnesota Statutes, chapter 171; repealing Laws 2009, chapter 92, section 1, as amended.

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

Section 1.

Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision 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, paragraph (b). new text end

Sec. 2.

Minnesota Statutes 2016, 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 2016, 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 2016, section 171.017, is amended to read:

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

Subdivision 1.

Background checks authorized.

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

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

(2) deleted text begin the ability todeleted text end issue enhanced deleted text begin drivers'deleted text end new text begin driver'snew text end licenses deleted text begin under section 171.01, subdivision 31a,deleted text end or enhanced identification cards deleted text begin under section 171.01, subdivision 31bdeleted text end ; or

(3) deleted text begin the 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 begin agent or the new text end current or prospective employee being investigated.

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

(1) the new text begin agent, new text end employeenew 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 deleted text begin cost to the bureau of adeleted text end new text begin bureau'snew text end background check new text begin cost for the person on whom the background check is performed new text end through a fee charged to the commissionernew text begin or the driver's license agent who requested the background checknew text end .

Subd. 3.

Notification by other criminal justice agencies.

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

Subd. 4.

Annual background checks in certain instances.

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

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 a modification or addition to REAL ID Act requirements, made by the federal government 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; or 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 (a) The commissioner must establish a license and a Minnesota identification card that meets the requirements of the REAL ID Act, including but not limited to documentation requirements, administrative processes, electronic validation or verification of data, and card design and marking, as provided under this chapter. new text end

new text begin (b) The commissioner must establish a license and Minnesota identification card that: new text end

new text begin (1) is not acceptable for federal identification under the REAL ID Act, but complies with Code of Federal Regulations, title 6, section 37.71; and new text end

new text begin (2) meets the requirements under this chapter, including but not limited to section 171.12, subdivision 7b. new text end

new text begin (c) The commissioner must 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, paragraph (a), is limited to those requirements of the REAL ID Act and any rules or regulations promulgated pursuant to 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 2016, 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 is prohibited from issuing 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 2016, section 171.06, subdivision 1, is amended to read:

Subdivision 1.

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

Every application for a Minnesota identification carddeleted text begin , fordeleted text end new text begin includingnew text end an enhanced identification card,new text begin or for a driver's license includingnew text end deleted text begin fordeleted text end an instruction permit, deleted text begin fordeleted text end a provisional license, deleted text begin for a driver's license, or fordeleted text end new 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 end new text begin .new text end Every application must be accompanied bynew text begin payment ofnew text end the proper fee. deleted text begin All first-time applications and change-of-status applications must be signed in the presence of the person authorized to accept the application, or the signature on the application may be verified by a notary public.deleted text end new text begin All applicants must sign the application and declare, under penalty of perjury, that the information and documentation presented in the application is true and correct. new text end All applications requiring evidence of legal presence in the United States or United States citizenship must be signed in the presence of the person authorized to accept the application, or the signature on the application may be verified by a notary public.

Sec. 8.

Minnesota Statutes 2016, section 171.06, subdivision 2, is amended to read:

Subd. 2.

Fees.

(a) The fees for a license and Minnesota identification card are as follows:

new text begin REAL ID Compliant or Noncompliant new text end Classified Driver's License D-$17.25 C-$21.25 B-$28.25 A-$36.25
new text begin REAL ID Compliant or Noncompliant new text end Classified Under-21 D.L. D-$17.25 C-$21.25 B-$28.25 A-$16.25
Enhanced Driver's License D-$32.25 C-$36.25 B-$43.25 A-$51.25
new text begin REAL ID Compliant or Noncompliant new text end Instruction Permit $5.25
Enhanced Instruction Permit $20.25
Commercial Learner's Permit $2.50
new text begin REAL ID Compliant or Noncompliant new text end Provisional License $8.25
Enhanced Provisional License $23.25
Duplicate new text begin REAL ID Compliant or Noncompliant new text end License or duplicate new text begin REAL ID Compliant or Noncompliant new text end identification card $6.75
Enhanced Duplicate License or enhanced duplicate identification card $21.75
new text begin REAL ID Compliant or Noncompliant new text end Minnesota identification card or new text begin REAL ID Compliant or Noncompliant new text end Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a $11.25
Enhanced Minnesota identification card $26.25

In addition to each fee required in this paragraph, the commissioner shall collect a surcharge of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016. Surcharges collected under this paragraph must be credited to the driver and vehicle services technology account in the special revenue fund under section 299A.705.

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving violations, and (3) convictions for moving violations that are not crash related, shall have a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" has the meaning given it in section 171.04, subdivision 1.

(c) In addition to the driver's license fee required under paragraph (a), the commissioner shall collect an additional $4 processing fee from each new applicant or individual renewing a license with a school bus endorsement to cover the costs for processing an applicant's initial and biennial physical examination certificate. The department shall not charge these applicants any other fee to receive or renew the endorsement.

(d) In addition to the fee required under paragraph (a), a driver's license agent may charge and retain a filing fee as provided under section 171.061, subdivision 4.

(e) In addition to the fee required under paragraph (a), the commissioner shall charge a filing fee at the same amount as a driver's license agent under section 171.061, subdivision 4. Revenue collected under this paragraph must be deposited in the driver services operating account.

(f) An application for a Minnesota identification card, instruction permit, provisional license, or driver's license, including an application for renewal, must contain a provision that allows the applicant to add to the fee under paragraph (a), a $2 donation for the purposes of public information and education on anatomical gifts under section 171.075.

Sec. 9.

Minnesota Statutes 2016, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address 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 certifies that the applicant deleted text begin does not havedeleted text end new text begin is 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 end new 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 end new text begin (5)new text end contain deleted text begin a spacedeleted text end new 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 3cnew text end .

new text begin (b) Applications must be accompanied by satisfactory evidence demonstrating: new text end

new text begin (1) identity, date of birth, and any legal name change if applicable; and new text end

new text begin (2) for driver's licenses and Minnesota identification cards that meet all requirements of the REAL ID Act: new text end

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

new text begin (ii) Social Security number, or related documentation as applicable; and new text end

new text begin (iii) 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 end new 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 end new 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. 10.

Minnesota Statutes 2016, 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. The summary information must be available on the department's Web site and at every location where a person may apply for an enhanced, REAL ID compliant, or noncompliant driver's license or identification card. new text end

new text begin (b) The summary information must, at a minimum, include: new text end

new text begin (1) 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; and 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 the application and issuance of each type. new text end

new text begin (c) The commissioner must ensure that the summary information is available to driver's license and identification card applicants. Renewal notifications mailed to driver's license and identification card holders must include the Web site address that displays the summary information. new text end

new text begin (d) An applicant for an enhanced or noncompliant license or identification card must sign an acknowledgment that the applicant understands the limitations on use of the license or card. new text end

Sec. 11.

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 applies only to driver's licenses and Minnesota identification cards that meet all 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 of an applicant's identity and date of birth under section 171.06, subdivision 3, paragraph (b): new text end

new text begin (1) a driver's license or identification card that: new text end

new text begin (i) complies with all requirements of the REAL ID Act; new text end

new text begin (ii) is not designated as temporary or limited term; and new text end

new text begin (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, including a passport booklet or passport card, 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-561; 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) a valid, unexpired passport issued by a foreign country and a valid, unexpired United States visa accompanied by documentation of the applicant's most recent lawful admittance into the United States; 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 (11) a copy of the applicant's certificate of marriage certified by the issuing government jurisdiction; new text end

new text begin (12) a certified copy of a court order that specifies the applicant's name change; or new text end

new text begin (13) a certified copy of a divorce decree or dissolution of marriage that specifies the applicant's name change, issued by a court. new text end

new text begin (b) A document under paragraph (a) must be legible and unaltered. 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 or a document issued by a federal agency that demonstrates the applicant's lawful status are satisfactory evidence of an applicant's lawful status under section 171.06, subdivision 3, paragraph (b), clause (2). 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 of an applicant's Social Security number or related documentation under section 171.06, subdivision 3, paragraph (b): 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 Submission of two forms of documentation from the following is satisfactory evidence of an applicant's principal residence address in Minnesota under section 171.06, subdivision 3, paragraph (b): 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) a statement from a housing with services building registered under chapter 144D, nursing home licensed under chapter 144A, or a boarding care facility licensed under sections 144.50 to 144.56, that was 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 (a) The commissioner may grant a variance from the requirements of this section as provided under Minnesota Rules, part 7410.0600, or successor rules, for evidence of: new text end

new text begin (1) identity or date of birth under subdivision 2; new text end

new text begin (2) lawful status under subdivision 3, only for demonstration of United States citizenship; new text end

new text begin (3) Social Security number under subdivision 4; and new text end

new text begin (4) residence in Minnesota under subdivision 5. new text end

new text begin (b) The commissioner must not grant a variance for an applicant having a lawful temporary admission period. new text end

Sec. 12.

Minnesota Statutes 2016, section 171.061, subdivision 3, is amended to read:

Subd. 3.

Application.

An applicant may file an application with an agent. The agent shall receive and accept applications in accordance with the laws and rules of the Department of Public Safety for a new text begin noncompliant new text end driver's licensedeleted text begin ,deleted text end new text begin or identification card; an enhanced driver's license or identification card; a REAL ID compliant driver's license or identification card;new text end restricted licensedeleted text begin ,deleted text end new text begin ;new text end duplicate licensedeleted text begin ,deleted text end new text begin ;new text end instruction permitdeleted text begin , Minnesota identification card,deleted text end new text begin ;new text end or motorized bicycle operator's permit.

Sec. 13.

Minnesota Statutes 2016, 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 end the licensee's full name and date of birth; new text begin (3) new text end either deleted text begin (1)deleted text end new text begin (i)new text end the licensee's residence address, or deleted text begin (2)deleted text end new text begin (ii)new text end the designated address under section 5B.05; new text begin (4) new text end a description of the licensee in a manner as the commissioner deems necessary; deleted text begin anddeleted text end new text begin (5) new text end the usual signature of the licenseenew text begin ; and (6) designations and markings as provided in this sectionnew 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 begin The department shall use processes in issuing a license that prohibit, as nearly as possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a photograph or electronically produced image on a license, without ready detection.deleted text end

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

new text begin (e) Except for an enhanced driver's license or a noncompliant license, a license must bear a distinguishing indicator for compliance with requirements of the REAL ID Act. new text end

new text begin (f) A noncompliant license must: new text end

new text begin (1) be marked "not for federal identification" on the face and in the machine-readable portion; and new text end

new text begin (2) have a unique design or color indicator. new text end

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

new text begin (h) A license must display the licensee's full name or no fewer than 39 characters of the name. Any necessary truncation must begin with the last character of the middle name and proceed 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. 14.

Minnesota Statutes 2016, 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 end a colored photograph or an electronically produced image of the applicant; new text begin (3) new text end the applicant's full name and date of birth; new text begin (4) new text end either deleted text begin (1)deleted text end new text begin (i)new text end the licensee's residence address, or deleted text begin (2)deleted text end new text begin (ii)new text end the designated address under section 5B.05; new text begin (5) new text end a description of the applicant in the manner as the commissioner deems necessary; deleted text begin anddeleted text end new text begin (6) new text end the usual signature of the applicantnew text begin ; and (7) designations and markings provided under this sectionnew 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) Except for an enhanced identification card or a noncompliant identification card, a Minnesota identification card must bear a distinguishing indicator for compliance with requirements of the REAL ID Act. new text end

new text begin (f) A noncompliant identification card must: new text end

new text begin (1) be marked "not for federal identification" on the face and in the machine-readable portion; and new text end

new text begin (2) have a unique design or color indicator. new text end

new text begin (g) 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. new text end

new text begin (h) A Minnesota identification card must display the cardholder's full name or no fewer than 39 characters of the name. Any necessary truncation must begin with the last character of the middle name and proceed 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 end new text begin (i)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. 15.

Minnesota Statutes 2016, section 171.07, subdivision 4, is amended to read:

Subd. 4.

new text begin Identification card new text end expiration.

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

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

new text begin (1) the expiration date of a Minnesota identification card 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 thatdeleted text end new text begin .new text end

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

new text begin (e) 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. 16.

Minnesota Statutes 2016, section 171.07, subdivision 9a, is amended to read:

Subd. 9a.

Security deleted text begin for enhanced driver's license and identification carddeleted text end new text begin featuresnew text end .

deleted text begin An enhanceddeleted text end new text begin (a) Anew text end driver's license or deleted text begin enhanceddeleted text end identification card must include reasonable security measures tonew text begin :new text end preventnew text begin forgery, alteration, reproduction, andnew 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 begin todeleted text end protect against unauthorized disclosure of personal information deleted text begin regarding residents of this state that isdeleted text end contained in the deleted text begin enhanceddeleted text end driver's license or deleted text begin enhanceddeleted text end identification card. The deleted text begin enhanceddeleted text end driver's license must include the best available anticounterfeit laminate technology.

deleted text begin Thedeleted text end new 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. 17.

Minnesota Statutes 2016, section 171.071, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Exceptiondeleted text end new text begin Limitationsnew text end .

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

Sec. 18.

Minnesota Statutes 2016, 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. A tribal identification card is a primary document for purposes of Minnesota Rules, part 7410.0400, and successor rulesnew text begin , when an applicant applies for a noncompliant license or identification cardnew text end .

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

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

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

Sec. 19.

Minnesota Statutes 2016, 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 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 correspond to the official duties or training level of the individual and to 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 authorization by law, the commissioner must forward the matter to the appropriate prosecuting authority 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 correctly, 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 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 on the date of implementation. new text end

Sec. 20.

Minnesota Statutes 2016, 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 cardholder to designate that the applicant, licensee, or identification cardholder'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 cardholder 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. 21.

Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read:

new text begin Subd. 7b. new text end

new text begin Data privacy; noncompliant license or identification card. new text end

new text begin (a) With respect to noncompliant licenses or identification cards, the commissioner is prohibited from: new text end

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

new text begin (2) utilizing 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. new text end

new text begin (b) The limitations in paragraph (a) do not apply to the extent necessary to maintain compliance with the driver's license compact under section 171.50 and applicable federal law governing commercial driver's licenses. 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. 22.

Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read:

new text begin Subd. 7c. new text end

new text begin Other data provisions. new text end

new text begin (a) The commissioner must not share any data the department maintains under section 171.07, subdivision 13, with any federal agency, federal department, or federal entity for a use that would otherwise be permissible under United States Code, title 18, section 2721, or other law. new text end

new text begin (b) Data collected by government entities under sections 624.712 to 624.719 are classified under section 13.87, subdivision 2. new text end

Sec. 23.

Minnesota Statutes 2016, section 171.27, is amended to read:

171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.

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

Sec. 24.

new text begin REAL ID ACT IMPLEMENTATION. new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

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

new text begin Subd. 2. new text end

new text begin Implementation; deadline. new text end

new text begin The commissioner of public safety must begin issuing driver's licenses and Minnesota identification cards that fully comply with the REAL ID Act no later than October 1, 2018. The commissioner must notify the following individuals and entities of the specific full compliance implementation date: the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance, public safety, and data practices; the revisor of statutes; and the Legislative Commission on Data Practices and Personal Data Privacy. 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 as provided in this act, 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 Early renewal and expiration date extension. new text end

new text begin (a) For purposes of this subdivision, "federal full compliance date" means the date when full compliance with the REAL ID Act is federally required and no extensions are in effect for federal acceptance of Minnesota-issued licenses and identification cards for official purposes, as most recently specified by the United States Department of Homeland Security under Code of Federal Regulations, title 6, part 37. new text end

new text begin (b) For purposes of this subdivision, "eligible applicant" means an applicant for a REAL ID compliant driver's license or identification card who: new text end

new text begin (1) holds a valid Minnesota driver's license or Minnesota identification card that: new text end

new text begin (i) was issued prior to the date Minnesota commenced issuing REAL ID compliant licenses and Minnesota identification cards; and new text end

new text begin (ii) either (A) has an expiration date that is after the federal full compliance date; or (B) does not have an expiration date as provided under Minnesota Statutes, section 171.07, subdivision 4; new text end

new text begin (2) submits the license or identification card application no later than one year following the federal full compliance date; and new text end

new text begin (3) is otherwise eligible to obtain the license or identification card under Minnesota Statutes, chapter 171. new text end

new text begin (c) For the first instance of issuing a REAL ID compliant driver's license, the expiration date is the birthday of the applicant in the fourth year following the date that the driver's license would otherwise expire absent this subdivision, notwithstanding the requirements of Minnesota Statutes, section 171.27, paragraph (a). new text end

new text begin (d) For the first instance of issuing a REAL ID compliant identification card, the expiration date is the birthday of the applicant in the fourth year following the date that the identification card would otherwise expire absent this subdivision, notwithstanding the requirements of Minnesota Statutes, section 171.07, subdivision 4, paragraph (a). new text end

new text begin (e) A surcharge is imposed for early renewal under this subdivision. The surcharge is in addition to the fees and surcharges under Minnesota Statutes, sections 171.06, subdivision 2; 171.061, subdivision 4; and 171.07, subdivisions 3 and 3a; or other law. The surcharge is calculated based on the length of time otherwise remaining absent this subdivision until expiration of the driver's license or identification card, as follows: new text end

new text begin (1) $2 for a current expiration date of no more than 17 months from the date of application under this subdivision; new text end

new text begin (2) $4 for a current expiration date of 18 months to no more than 29 months; and new text end

new text begin (3) $6 for a current expiration date of more than 29 months. new text end

new text begin (f) This subdivision does not apply to: new text end

new text begin (1) issuance of a new driver's license or Minnesota identification card; new text end

new text begin (2) issuance or renewal of a noncompliant license or identification card, as defined in Minnesota Statutes, section 171.01, subdivision 41a; new text end

new text begin (3) issuance or renewal of an enhanced driver's license or enhanced identification card; new text end

new text begin (4) reinstatement of a canceled, suspended, or revoked license; new text end

new text begin (5) a driver's license subject to expiration under Minnesota Statutes, section 171.27, paragraphs (b) to (d); or new text end

new text begin (6) a Minnesota identification card subject to expiration under Minnesota Statutes, section 171.07, subdivision 4, paragraphs (b) to (e). new text end

Sec. 25.

new text begin REVISOR'S INSTRUCTION. new text end

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

Sec. 26.

new text begin APPROPRIATION. new text end

new text begin $3,270,000 in fiscal year 2019 is appropriated from the driver services operating account in the special revenue fund to the commissioner of public safety for implementation and conformity with the 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. 27.

new text begin CONTINGENT REPEALER. new text end

new text begin If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed or if the definition of "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the provisions of this act become null and void on June 30 of the following year. On June 30 in the year after the repeal or amendment, the commissioner of the Department of Public Safety must stop issuing REAL ID compliant driver's licenses and identification cards. Within 90 days of the federal repeal or amendment, the commissioner must submit a report, including proposed legislative changes, to repeal all aspects of this act to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance, public safety, and data practices; the revisor of statutes; and the Legislative Commission on Data Practices and Personal Data Privacy. new text end

Sec. 28.

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. 29.

new text begin EFFECTIVE DATE. new text end

new text begin Except as specifically provided otherwise, this act is effective the day following final enactment. Sections 1 to 24 apply for application and issuance of driver's licenses and Minnesota identification cards on and after the full compliance implementation date under section 24, subdivision 2. new text end

Presented to the governor May 17, 2017

Signed by the governor May 18, 2017, 10:17 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes