SF 166

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 03/07/2017 08:45am

A bill for an act
relating to transportation; authorizing and governing implementation of
requirements of the federal REAL ID Act; amending certain requirements governing
drivers' licenses and Minnesota identification cards; amending imposition of certain
fees; requiring legislative reporting; authorizing rulemaking; 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; 171.07, 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 DEPARTMENT deleted text end new text begin DRIVER'S
LICENSE AGENTS AND CERTAIN new text end EMPLOYEES.

Subdivision 1.

Background checks authorized.

The commissioner deleted text begin shall deleted text end new text begin must new 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 department deleted text end that has or will have new text begin the ability to new text end :

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

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

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

Subd. 2.

Procedure.

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

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

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

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

(c) The superintendent shall recover the deleted text begin cost to the bureau of a deleted text end new text begin bureau's new 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 commissioner new text begin or the driver's license agent who requested the background check new text end .

Subd. 3.

Notification by other criminal justice agencies.

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

Subd. 4.

Annual background checks in certain instances.

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

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 meet the requirements of the REAL ID Act for licenses and identification cards,
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
does not meet all requirements of the REAL ID Act, including but not limited to section
171.12, subdivision 7b, as provided in this chapter.
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 of deleted text end Application new text begin format and requirements new text end .

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

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

Sec. 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 new text end Classified Driver's License		D-$17.25	C-$21.25	B-$28.25	A-$36.25
new text begin Noncompliant Classified Driver's License new text end		new text begin D-$17.25 new text end	new text begin C-$21.25 new text end	new text begin B-$28.25 new text end	new text begin A-$36.25 new text end
new text begin REAL ID Compliant new text end Classified Under-21 D.L.		D-$17.25	C-$21.25	B-$28.25	A-$16.25
new text begin Noncompliant Classified Under-21 D.L. new text end		new text begin D-$17.25 new text end	new text begin C-$21.25 new text end	new text begin B-$28.25 new text end	new text begin A-$16.25 new text end
Enhanced Driver's License		D-$32.25	C-$36.25	B-$43.25	A-$51.25
Instruction Permit					$5.25
Enhanced Instruction Permit					$20.25
Commercial Learner's Permit					$2.50
Provisional License					$8.25
Enhanced Provisional License					$23.25
Duplicate new text begin REAL ID Compliant new text end License or duplicate new text begin REAL ID Compliant new text end identification card					$6.75
new text begin Duplicate Noncompliant License or duplicate noncompliant identification card new text end					new text begin $6.75 new text end
Enhanced Duplicate License or enhanced duplicate identification card					$21.75
new text begin REAL ID Compliant new text end Minnesota identification card or new text begin REAL ID Compliant 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
new text begin Noncompliant identification card or noncompliant Under-21 Minnesota identification card new text end					new text begin $11.25 new text end
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 have deleted text end new text begin is not eligible for new text end a Social Security
number;

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

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

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

deleted text begin (5) 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 space deleted text end new text begin spaces new text end where the applicant may new 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 5a new 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) 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 drivers' 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 and must ensure availability of the information
for driver's license and Minnesota identification card applicants. Renewal notifications
mailed to license and identification cardholders must include the Web site address required
by paragraph (b), and the nearest physical address where an individual may obtain a copy
of the summary.
new text end

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

new text begin (5) an Internet address linking to a department Web page containing more complete
information.
new text end

new text begin (c) An applicant for a 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 drivers' 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 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-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) 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; 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 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, 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) 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 (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 171.07, subdivision 1, is amended to read:

Subdivision 1.

License; contents new text begin and design new 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 bear new text begin :
(1) new text end a distinguishing number assigned to the licensee; new text begin (2) new text end the licensee's full name and date
of birth; new text begin (3) new text end either deleted text begin (1) deleted text end new text begin (i) new text end the licensee's residence address, or deleted text begin (2) deleted text end new text begin (ii) new text end the designated address
under section 5B.05; new text begin (4) new text end a description of the licensee in a manner as the commissioner
deems necessary; deleted text begin and deleted text end new text begin (5) new text end the usual signature of the licensee new text begin ; and (6) designations and
markings as provided in this section new text end . No license is valid unless it bears the usual signature
of the licensee. Every license must bear a colored photograph or an electronically produced
image of the licensee.

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

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

(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. 13.

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 bear new text begin : (1) new text end a distinguishing
number assigned to the applicant; new text begin (2) new text end a colored photograph or an electronically produced
image of the applicant; new text begin (3) new text end the applicant's full name and date of birth; new text begin (4) new text end either deleted text begin (1) deleted text end new text begin (i) new text end the
licensee's residence address, or deleted text begin (2) deleted text end new text begin (ii) new text end the designated address under section 5B.05; new text begin (5) new text end a
description of the applicant in the manner as the commissioner deems necessary; deleted text begin and deleted text end new text begin (6)
new text end the usual signature of the applicant new text begin ; and (7) designations and markings provided under 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) 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. 14.

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 be deleted text end new text begin card is new 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 to deleted text end new text begin For new text end an applicant age 65 or older deleted text begin shall be deleted 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 is new text end valid for the lifetime of the applicant deleted text begin , except
that deleted text end new text begin .
new text end

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

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

new text begin (e) 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 2016, section 171.07, subdivision 9a, is amended to read:

Subd. 9a.

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

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

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

Sec. 16.

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

Subd. 3.

deleted text begin Exception deleted text end new text begin Limitations new 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. 17.

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 rules new text begin , when an applicant applies for a noncompliant
license or identification card new 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 to deleted 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) to 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 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. 19.

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. 20.

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) The
commissioner is prohibited from, with respect to noncompliant licenses or identification
cards:
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 drivers' 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. 21.

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,
department, or 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 pursuant to sections 624.712 to 624.719 are
classified under section 13.87, subdivision 2.
new text end

Sec. 22.

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

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

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

new text begin (d) 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. 23. 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 drivers' licenses and Minnesota identification cards that fully comply with the REAL
ID Act no later than October 1, 2018. The commissioner shall submit a notification of the
specific full compliance implementation date 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

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 Optional early reissuance; fee exemption. new text end

new text begin (a) For purposes of this subdivision,
"full compliance date" means the date when full compliance with the REAL ID Act is
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) The commissioner of public safety and driver's license agents are prohibited from
imposing fees or surcharges, as specified in paragraph (c), to issue a REAL ID-compliant
driver's license or identification card for an applicant 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 on or after the 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 October 31, 2020;
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 purposes of licenses and identification cards issued under this subdivision,
the commissioner of public safety and driver's license agents are prohibited from imposing
the fees and surcharges under: Minnesota Statutes, sections 171.06, subdivision 2; 171.061,
subdivision 4; and 171.07, subdivisions 3 and 3a. Endorsement fees and fees for optional
services, including expedited service fees under Minnesota Statutes, sections 171.06,
subdivisions 2, paragraph (c), and 2a; 171.07, subdivision 11; and 171.13, continue to apply
for applications as appropriate.
new text end

new text begin (d) The fee exemption requirements under this subdivision do 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 an enhanced driver's license or enhanced identification card;
and
new text end

new text begin (3) reinstatement of a canceled, suspended, or revoked license.
new text end

Sec. 24. new text begin RULEMAKING.
new text end

new text begin The commissioner of public safety may adopt rules and amend existing Minnesota Rules
using the expedited rulemaking process in section 14.389 only to the extent necessary to
implement the technical aspects of the tiered license program required by this act to issue:
new text end

new text begin (1) drivers' licenses and Minnesota identification cards that are acceptable for federal
identification under the REAL ID Act; and
new text end

new text begin (2) drivers' licenses and Minnesota identification cards that are not acceptable for federal
identification, but comply with Code of Federal Regulations, title 6, section 37.71, state
law, and applicable provisions of this act.
new text end

new text begin The grant of expedited rulemaking under this section does not authorize the commissioner
of public safety to adopt rules or amend existing Minnesota Rules regarding the necessary
documentation required to obtain any license, permit, or card from the department.
new text end

new text begin The grant of expedited rulemaking under this section expires on October 31, 2018, or upon
publication of the notice of adoption in the State Register, whichever occurs earlier.
Notwithstanding Minnesota Statutes, section 14.05, subdivision 1, rules adopted pursuant
to this grant of rulemaking authority may continue to be enforced.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 25. new text begin APPROPRIATION.
new text end

new text begin (a) $30,000 in fiscal year 2018 and $30,000 in fiscal year 2019 are appropriated from
the general 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

new text begin (b) $5,000,000 in fiscal year 2019 is transferred from the vehicle services operating
account in the special revenue fund to the driver services operating account in the special
revenue fund. This is a onetime transfer.
new text end

new text begin (c) $12,000,000 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. Of this appropriation, $3,000,000 must be used by
the commissioner to reimburse driver's license agents for lost fee revenue pursuant to section
23. Any amount of this appropriation unspent at the end of fiscal year 2019 cancel back to
the original account. This is a onetime appropriation.
new text end

Sec. 26. 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. 27. 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. 28. 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 23 apply for application and issuance of drivers' licenses and
Minnesota identification cards on and after the full compliance implementation date under
section 23, subdivision 2.
new text end

APPENDIX

Repealed Minnesota Session Laws: S0166-3

Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1

Section 1.

Laws 2009, chapter 92, section 1, is amended to read:

Section 1. NONCOMPLIANCE WITH REAL ID ACT.

The commissioner of public safety is prohibited from taking any action to implement those sections of Public Law 109-13 known as the Real ID Act.