.................... moves to amend H.F. No. 3, the third engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision
1.5 Subd. 41a. Noncompliant license; noncompliant identification card. "Noncompliant
1.6license," "noncompliant identification card," or "noncompliant license or identification
1.7card," means a driver's license or Minnesota identification card issued under section
1.8subdivision 2, paragraph (b).
Sec. 2. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to
1.11 Subd. 45b. REAL ID Act. "REAL ID Act" means the REAL ID Act of 2005, Public
1.12Law 109-13, Division B.
Sec. 3. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to
1.15 Subd. 48b. Temporary lawful status. "Temporary lawful status" has the meaning given
1.16in Code of Federal Regulations, title 6, section 37.3.
Sec. 4. Minnesota Statutes 2016, section 171.017, is amended to read:
1.18171.017 BACKGROUND INVESTIGATIONS;
1.19LICENSE AGENTS AND CERTAIN EMPLOYEES.
Subdivision 1. Background checks authorized.
the criminal history background of any driver's license agent and
any current or prospective
employees of the department or driver's license agent
being considered for any position
with the department
that has or will have the ability to
the ability to
create or modify records of applicants for identification cards and
2.4driver's licenses, including
enhanced drivers' licenses
, or and
enhanced identification cards
171.01, subdivision 31b
the ability to
issue enhanced drivers' licenses
171.01, subdivision 31a,
or enhanced identification cards
171.01, subdivision 31b
the ability to
administer knowledge or skills tests under section
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
criminal history consent form, including fingerprints, signed by the agent or the
prospective employee being investigated.
(b) After receiving a request under paragraph (a), the superintendent of the Bureau
Criminal Apprehension shall perform the background check required under subdivision
The superintendent shall retrieve criminal history data as defined in section
a search of the national criminal records repository, and provide wants and warrant
information from federal and state repositories. The superintendent is authorized
fingerprints with the Federal Bureau of Investigation for purposes of the criminal
check. The superintendent shall return the results of the background checks to the
commissioner to determine whether:
(1) the agent,
or applicant for employment specified in subdivision 1, clause
(1) or (2), has committed a disqualifying crime under Code of Federal Regulations,
section 1572.103; or
(2) the employee or applicant for employment specified in subdivision 1, clause (3),
a conviction of the type specified by Code of Federal Regulations, title 49, section
(c) The superintendent shall recover the
cost to the bureau of a bureau's
check cost for the person on whom the background check is performed
through a fee charged
to the commissioner or the driver's license agent who requested the background check
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
superintendent shall conduct annual background checks for the department employees
specified in subdivision 1, clause (3). Annual background checks under this subdivision
be performed in a manner consistent with subdivisions 2 and 3.
Sec. 5. [171.019] REAL ID ACT CONFORMITY; LIMITATIONS.
3.9 Subdivision 1. Definition. For purposes of this section, "federal change" means a
3.10modification or addition to REAL ID Act requirements, made by the federal government
3.11after the effective date of this act, with respect to: legal requirements; processes;
3.12and procedures; or data collection, storage, and dissemination. Federal change includes
3.13is not limited to a modification:
3.14(1) in what constitutes an official purpose under Code of Federal Regulations, title
3.16(2) in the machine-readable technology standards for a license or Minnesota identification
3.18(3) in the information provided on the face of the license or Minnesota identification
3.20(4) that relates to dissemination of state-provided data to or among federal agencies,
3.21other states, organizations operating under agreement among the states, or private
3.23(5) that imposes an identifiable cost for the state of Minnesota.
3.24 Subd. 2. License and Minnesota identification card options. (a) The commissioner
3.25must meet the requirements of the REAL ID Act for licenses and identification cards,
3.26including but not limited to documentation requirements, administrative processes,
3.27validation or verification of data, and card design and marking, as provided under
3.29(b) The commissioner must establish a license and Minnesota identification card that
3.30does not meet all requirements of the REAL ID Act, including but not limited to section
3.31171.12, subdivision 7b, as provided in this chapter.
4.1(c) The commissioner must establish an enhanced driver's license or enhanced
4.2identification card as provided in this chapter.
4.3 Subd. 3. Limitations. Compliance under subdivision 2, paragraph (a), is limited to those
4.4requirements of the REAL ID Act in effect as of the effective date of this act. The
4.5commissioner may not take any action to implement or meet the requirements of a federal
4.7 Subd. 4. Legislative notification. (a) Upon identification of an impending or completed
4.8federal change, the commissioner must notify the chairs and ranking minority members
4.9the legislative committees having jurisdiction over transportation policy and finance,
4.10safety, and data practices, and the Legislative Commission on Data Practices and Personal
4.11Data Privacy. Notification must be submitted as required under section 3.195, except
4.12printed copies are not required.
4.13(b) Notification under this subdivision must include a review of the federal change,
4.14initial analysis of data practices impacts, and any preliminary estimates of implementation
4.15costs, including the availability of additional federal funds.
4.16 Subd. 5. Statutory construction. (a) Unless specifically provided otherwise, a driver's
4.17license, instruction permit, or provisional license includes any noncompliant license.
4.18specifically provided otherwise, a Minnesota identification card includes any noncompliant
4.20(b) A noncompliant license does not include an enhanced driver's license, and a
4.21noncompliant identification card does not include an enhanced identification card.
Sec. 6. Minnesota Statutes 2016, section 171.04, is amended by adding a subdivision to
4.24 Subd. 5. Temporary lawful admission. The commissioner is prohibited from issuing
4.25a driver's license or Minnesota identification card to an applicant whose lawful temporary
4.26admission period, as demonstrated under section 171.06, subdivision 3, paragraph (b),
4.27expires within 30 days of the date of the application.
Sec. 7. Minnesota Statutes 2016, section 171.06, subdivision 1, is amended to read:
Forms of Application format and requirements. (a)
for a Minnesota identification card
, for including
an enhanced identification card, or for a
4.31driver's license including
an instruction permit,
a provisional license,
for a driver's
4.32 license, or for and
an enhanced driver's license,
must be made in a format approved by the
Every application must be accompanied by payment of
the proper fee.
5.2 first-time applications and change-of-status applications must be signed in the presence
5.3 the person authorized to accept the application, or the signature on the application
5.4 verified by a notary public. All applications requiring evidence of legal presence
5.5 United States or United States citizenship
5.6(b) All applicants must sign the application and declare, under penalty of perjury,
5.7the information and documentation presented in the application is true and correct.
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:
|Classified Driver's License
|Classified Under-21 D.L.
|Enhanced Driver's License
|Duplicate License or
duplicate identification card
License or enhanced
duplicate identification card
card or Under-21
card, other than duplicate,
except as otherwise
provided in section
In addition to each fee required in this paragraph, the commissioner shall collect
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
technology account in the special revenue fund under section
(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
, or sections
, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related,
a $3.50 credit toward the fee for any classified under-21 driver's license. "Moving
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
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
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
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
filing fee at the same amount as a driver's license agent under section
4. Revenue collected under this paragraph must be deposited in the driver services
(f) An application for a Minnesota identification card, instruction permit, provisional
license, or driver's license, including an application for renewal, must contain a
that allows the applicant to add to the fee under paragraph (a), a $2 donation for
of public information and education on anatomical gifts under section
6.24(g) The fees under paragraph (a) for a driver's license, instruction permit, provisional
6.25license, or Minnesota identification card are the same for a noncompliant license
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
applicant, or (ii) designated address under section
(2) as may be required by the commissioner, contain a description of the applicant
any other facts pertaining to the applicant, the applicant's driving privileges, and
applicant's ability to operate a motor vehicle with safety;
(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
that the applicant certifies that the applicant
does not have is not eligible for
a Social Security
(4) in the case of an application for an enhanced driver's license or enhanced identification
7.11 card, present:
7.12 (i) proof satisfactory to the commissioner of the applicant's full legal name, United
7.13 citizenship, identity, date of birth, Social Security number, and residence address;
7.14 (ii) a photographic identity document;
7.15 (5) contain a space where the applicant may indicate a desire to make an anatomical
7.16 according to paragraph (b);
7.17 (6) (4)
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
a space spaces
where the applicant may:
request a veteran designation on the license under section
171.07, subdivision 15
and the driving record under section
, subdivision 5a;
7.22(ii) indicate a desire to make an anatomical gift under paragraph (d); and
7.23(iii) as applicable, designate document retention as provided under section 171.12,
7.25 (b) Applications must be accompanied by satisfactory evidence demonstrating:
7.26(1) identity, date of birth, and any legal name change if applicable; and
7.27(2) for driver's licenses and Minnesota identification cards that meet all requirements
7.28the REAL ID Act:
7.29(i) principal residence address in Minnesota, including application for a renewal
7.30change of address, unless the applicant provides a designated address under section
8.1(ii) Social Security number, or related documentation as applicable; and
8.2(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
8.3(c) An application for an enhanced driver's license or enhanced identification card
8.4be accompanied by:
8.5(1) satisfactory evidence demonstrating the applicant's full legal name and United
8.7(2) a photographic identity document.
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
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
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,
legal implications of making an anatomical gift, including the law governing revocation
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.
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
(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.
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
Sec. 10. Minnesota Statutes 2016, section 171.06, is amended by adding a subdivision to
9.5 Subd. 3b. Information for applicants. (a) The commissioner must develop summary
9.6information on identity document options and must ensure availability of the information
9.7for driver's license and Minnesota identification card applicants. Renewal notifications
9.8mailed to license and identification card holders must include a department Web site
9.9containing the summary information.
9.10(b) The summary information must, at a minimum, identify:
9.11(1) each available type of driver's license and Minnesota identification card, including
9.12a noncompliant license or identification card, an enhanced driver's license, and an
9.13identification card; and
9.14(2) the official purposes of and limitations on use for each type of driver's license
9.15Minnesota identification card.
9.16(c) An applicant for a noncompliant license or identification card must sign an
9.17acknowledgment that the applicant understands the limitations on use of the license
Sec. 11. [171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE.
9.19 Subdivision 1. Scope and application. This section applies only to driver's licenses and
9.20Minnesota identification cards that meet all requirements of the REAL ID Act. Except
9.21otherwise provided under this section, the requirements of Minnesota Rules, chapter
9.22or successor rules, apply.
9.23 Subd. 2. Evidence; identity; date of birth. (a) Only the following is satisfactory evidence
9.24of an applicant's identity and date of birth under section 171.06, subdivision 3,
9.26(1) a driver's license or identification card that:
9.27(i) complies with all requirements of the REAL ID Act;
9.28(ii) is not designated as temporary or limited term; and
9.29(iii) is current or has been expired for five years or less;
10.1(2) a valid, unexpired United States passport issued by the United States Department
10.3(3) a certified copy of a birth certificate issued by a government bureau of vital
10.4or equivalent agency in the applicant's state of birth, which must bear the raised
10.5seal of the issuing government entity;
10.6(4) a consular report of birth abroad, certification of report of birth, or certification
10.7birth abroad, issued by the United States Department of State, Form FS-240, DS-1350,
10.9(5) a valid, unexpired permanent resident card issued by the United States Department
10.10of Homeland Security or the former Immigration and Naturalization Service of the United
10.11States Department of Justice, Form I-551;
10.12(6) a certificate of naturalization issued by the United States Department of Homeland
10.13Security, Form N-550 or Form N-570;
10.14(7) a certificate of citizenship issued by the United States Department of Homeland
10.15Security, Form N-560 or Form N-56;
10.16(8) an unexpired employment authorization document issued by the United States
10.17Department of Homeland Security, Form I-766 or Form I-688B;
10.18(9) a valid, unexpired passport issued by a foreign country and a valid, unexpired
10.19States visa accompanied by documentation of the applicant's most recent lawful admittance
10.20into the United States;
10.21(10) a document as designated by the United States Department of Homeland Security
10.22under Code of Federal Regulations, title 6, part 37.11(c)(1)(x); or
10.23(11) a document issued by a federal agency that demonstrates the applicant's lawful
10.25(b) A document under paragraph (a) must be legible and unaltered.
10.26 Subd. 3. Evidence; lawful status. Only a form of documentation identified under
10.27subdivision 2 is satisfactory evidence of an applicant's lawful status under section
10.28subdivision 3, paragraph (b).
10.29 Subd. 4. Evidence; Social Security number. The following is satisfactory evidence of
10.30an applicant's Social Security number or related documentation under section 171.06,
10.31subdivision 3, paragraph (b):
10.32(1) a Social Security card;
11.1(2) if a Social Security card is not available:
11.2(i) a federal Form W-2;
11.3(ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's Social
11.4Security number; or
11.5(iii) a computer-printed United States employment pay stub with the applicant's name,
11.6address, and Social Security number; or
11.7(3) for an applicant who provides a passport under subdivision 2, paragraph (a), clause
11.8(9), documentation demonstrating nonwork authorized status.
11.9 Subd. 5. Evidence; residence in Minnesota. Submission of two forms of documentation
11.10from the following is satisfactory evidence of an applicant's principal residence
11.11Minnesota under section 171.06, subdivision 3, paragraph (b):
11.12(1) a home utility services bill issued no more than 90 days before the application,
11.13provided that the commissioner must not accept a United States home utility bill if
11.14unrelated people are listed on the bill;
11.15(2) a home utility services hook-up work order issued no more than 90 days before
11.16application, provided that the commissioner must not accept a home utility services
11.17work order if two unrelated people are listed on the work order;
11.18(3) United States financial information issued no more than 90 days before the application,
11.19with account numbers redacted, including:
11.20(i) a bank account statement;
11.21(ii) a canceled check; or
11.22(iii) a credit card statement;
11.23(4) a United States high school identification card with a certified transcript from
11.24school, if issued no more than 180 days before the application;
11.25(5) a Minnesota college or university identification card with a certified transcript
11.26the college or university, if issued no more than 180 days before the application;
11.27(6) an employment pay stub issued no more than 90 days before the application that
11.28the employer's name, address, and telephone number;
11.29(7) a Minnesota unemployment insurance benefit statement issued no more than 90 days
11.30before the application;
12.1(8) an assisted living or nursing home statement issued no more than 90 days before
12.3(9) a life, health, automobile, homeowner's, or renter's insurance policy issued no
12.4than 90 days before the application, provided that the commissioner must not accept
12.5of insurance card;
12.6(10) a federal or state income tax return or statement for the most recent tax filing
12.7(11) a Minnesota property tax statement for the current year that shows the applicant's
12.8principal residential address both on the mailing portion and the portion stating
12.9is being taxed;
12.10(12) a Minnesota vehicle certificate of title, if issued no more than 12 months before
12.12(13) a filed property deed or title for current residence, if issued no more than
12.13before the application;
12.14(14) a Supplemental Security Income award statement issued no more than 12 months
12.15before the application;
12.16(15) mortgage documents for the applicant's principal residence;
12.17(16) a residential lease agreement for the applicant's principal residence issued
12.18than 12 months before the application;
12.19(17) a valid driver's license, including an instruction permit, issued under this
12.20(18) a valid Minnesota identification card;
12.21(19) an unexpired Minnesota professional license;
12.22(20) an unexpired Selective Service card; or
12.23(21) military orders that are still in effect at the time of application.
12.24(b) A document under paragraph (a) must include the applicant's name and an address
12.26 Subd. 6. Exceptions process. (a) The commissioner may grant a variance from the
12.27requirements of this section as provided under Minnesota Rules, part 7410.0600, or
12.28rules, for evidence of:
12.29(1) identity or date of birth under subdivision 2;
12.30(2) lawful status under subdivision 3, only for demonstration of United States citizenship;
13.1(3) Social Security number under subdivision 4; and
13.2(4) residence in Minnesota under subdivision 5.
13.3(b) The commissioner must not grant a variance for an applicant having a lawful
13.4temporary admission period.
Sec. 12. Minnesota Statutes 2016, section 171.07, subdivision 1, is amended to read:
Subdivision 1. License; contents and design.
(a) Upon the payment of the required fee,
the department shall issue to every qualifying applicant a license designating the
class of vehicles the applicant is authorized to drive as applied for. This license
a distinguishing number assigned to the licensee; (2)
the licensee's full name and date
of birth; (3)
the licensee's residence address, or
the designated address
a description of the licensee in a manner as the commissioner
the usual signature of the licensee; and (6) designations and
13.13markings as provided in this section
. No license is valid unless it bears the usual signature
of the licensee. Every license must bear a colored photograph or an electronically
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
States Postal Service that mail will not be delivered to the applicant's residence
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
the alternate mailing address in lieu of the applicant's residence address for all
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."
The department shall use processes in issuing a license that prohibit, as nearly as
13.26 possible, the ability to alter or reproduce a license, or prohibit the ability to
13.27 photograph or electronically produced image on a license, without ready detection.
A license issued to an applicant age 65 or over must be plainly marked "senior" if
requested by the applicant.
13.30(e) Except for an enhanced driver's license or a noncompliant license, a license must
13.31bear a distinguishing indicator for compliance with requirements of the REAL ID Act.
13.32(f) A noncompliant license must:
14.1(1) be marked "not for federal identification" on the face and in the machine-readable
14.3(2) have a unique design or color indicator.
14.4(g) A license issued to a person with temporary lawful status must be marked "temporary"
14.5on the face and in the machine-readable portion.
14.6(h) A license must display the licensee's full name or no fewer than 39 characters
14.7name. Any necessary truncation must begin with the last character of the middle name
14.8proceed through the second letter of the middle name, followed by the last character
14.9first name and proceeding through the second letter of the first name.
Sec. 13. Minnesota Statutes 2016, section 171.07, subdivision 3, is amended to read:
Subd. 3. Identification card; content and design; fee.
(a) Upon payment of the required
fee, the department shall issue to every qualifying applicant a Minnesota identification
The department may not issue a Minnesota identification card to an individual who
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: (1)
number assigned to the applicant; (2)
a colored photograph or an electronically produced
image of the applicant; (3)
the applicant's full name and date of birth; (4)
licensee's residence address, or
the designated address under section
description of the applicant in the manner as the commissioner deems necessary;
the usual signature of the applicant; and (7) designations and markings provided under this
(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
applicant's residence address and that mail will be delivered to a specified alternate
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
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
distinguishing color and plainly marked "Under-21."
(d) Each Minnesota identification card must be plainly marked "Minnesota identification
card - not a driver's license."
15.1(e) Except for an enhanced identification card or a noncompliant identification card,
15.2Minnesota identification card must bear a distinguishing indicator for compliance
15.3requirements of the REAL ID Act.
15.4(f) A noncompliant identification card must:
15.5(1) be marked "not for federal identification" on the face and in the machine-readable
15.7(2) have a unique design or color indicator.
15.8(g) A Minnesota identification card issued to a person with temporary lawful status
15.9be marked "temporary" on the face and in the machine-readable portion.
15.10(h) A Minnesota identification card must display the cardholder's full name or no
15.11than 39 characters of the name. Any necessary truncation must begin with the last
15.12of the middle name and proceed through the second letter of the middle name, followed
15.13the last character of the first name and proceeding through the second letter of the
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. Identification card expiration.
(a) Except as otherwise provided in this
subdivision, the expiration date of a
cards of applicants under the
15.21 age of 65 shall be card is
the birthday of the applicant in the fourth year following the date
of issuance of the card.
A Minnesota identification card issued to For
an applicant age 65 or older
15.24(1) the expiration date of a Minnesota identification card is the birthday of the
15.25in the eighth year following the date of issuance of the card; or
15.26(2) a noncompliant identification card is
valid for the lifetime of the applicant
For the purposes of
, "Minnesota identification card" does not
include an enhanced identification card issued to an applicant age 65 or older.
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
identity and age, unless the commissioner determines that the applicant is not qualified
the identification card.
16.4(e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification
16.5issued to a person with temporary lawful status is the last day of the person's legal
16.6the United States, or one year after issuance if the last day of the person's legal
stay is not
Sec. 15. Minnesota Statutes 2016, section 171.07, subdivision 9a, is amended to read:
Subd. 9a. Security
for enhanced driver's license and identification card features.
16.10 An enhanced (a) A
driver's license or
identification card must include reasonable
security measures to:
prevent forgery, alteration, reproduction, and
16.12detection of fraud; prohibit the ability to superimpose a photograph or electronically
protect against unauthorized disclosure of personal information
16.14 residents of this state that is
contained in the
driver's license or
identification card. The
driver's license must include the best available
anticounterfeit laminate technology.
The (b) An
enhanced driver's license or enhanced identification card may include radio
frequency identification technology that is limited to a randomly assigned number,
must be encrypted if agreed to by the United States Department of Homeland Security
does not include biometric data or any information other than the citizenship status
license holder or cardholder. The commissioner shall ensure that the radio frequency
identification technology is secure from unauthorized data access. An applicant must
an acknowledgment of understanding of the radio frequency identification technology
its use for the sole purpose of verifying United States citizenship before being issued
enhanced driver's license or an enhanced identification card.
Sec. 16. Minnesota Statutes 2016, section 171.071, subdivision 3, is amended to read:
Exception Limitations. Subdivision 1 applies only to a noncompliant license
16.28or identification card.
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
or an enhanced identification card.
Sec. 17. Minnesota Statutes 2016, section 171.072, is amended to read:
16.32171.072 TRIBAL IDENTIFICATION CARD.
(a) If a Minnesota identification card is deemed an acceptable form of identification
Minnesota Statutes or Rules, a tribal identification card is also an acceptable form
identification. A tribal identification card is a primary document for purposes of
Rules, part 7410.0400, and successor rules, when an applicant applies for a noncompliant
17.5license or identification card
(b) For purposes of this section, "tribal identification card" means an unexpired
identification card issued by a Minnesota tribal government of a tribe recognized
Bureau of Indian Affairs, United States Department of the Interior, that contains
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
to alteration as is reasonably practicable in its design and quality of material and
The security features must use materials that are not readily available to the general
The tribal identification card must not be susceptible to reproduction by photocopying
simulation and must be highly resistant to data or photograph substitution and other
The requirements of this section do not apply
to: (1) except as provided in paragraph
17.17(a), to an application for a driver's license or Minnesota identification card under
17.18or (2) to
tribal identification cards used to prove an individual's residence for purposes
section 201.061, subdivision 3.
Sec. 18. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
17.22 Subd. 1a. Driver and vehicle services information system; security and auditing.
17.23(a) The commissioner must establish written procedures to ensure that only individuals
17.24authorized by law may enter, update, or access not public data collected, created,
17.25maintained by the driver and vehicle services information system. An authorized individual's
17.26ability to enter, update, or access data in the system must correspond to the official
17.27or training level of the individual and to the statutory authorization granting access
17.28purpose. All queries and responses, and all actions in which data are entered, updated,
17.29accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained
17.30the audit trail are public to the extent the data are not otherwise classified by
17.31(b) The commissioner must immediately and permanently revoke the authorization of
17.32any individual who willfully entered, updated, accessed, shared, or disseminated data
17.33violation of state or federal law. If an individual willfully gained access to data
18.1authorization by law, the commissioner must forward the matter to the county attorney
18.3(c) The commissioner must arrange for an independent biennial audit of the driver
18.4vehicle services information system to determine whether data currently in the system
18.5classified correctly, how the data are used, and to verify compliance with this subdivision.
18.6The results of the audit are public. No later than 30 days following completion of
18.7the commissioner must provide a report summarizing the audit results to the commissioner
18.8of administration; the chairs and ranking minority members of the committees of the
18.9of representatives and the senate with jurisdiction over transportation policy and
18.10public safety, and data practices; and the Legislative Commission on Data Practices
18.11Personal Data Privacy. The report must be submitted as required under Minnesota Statutes,
18.12section 3.195, except that printed copies are not required.
18.13EFFECTIVE DATE.This section is effective on the date of implementation of the
18.14driver's license portion of the Minnesota licensing and registration system. The commissioner
18.15shall notify the revisor of statutes on the date of implementation.
Sec. 19. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
18.18 Subd. 3c. Record retention; birth certificates. (a) If the procedures established by the
18.19commissioner for driver's license or Minnesota identification card records include
18.20of a physical copy or digital image of a birth certificate, the commissioner must:
18.21(1) notify a driver's license or identification card applicant of the retention procedure;
18.23(2) allow the applicant, licensee, or identification card holder to designate that
18.24applicant, licensee, or identification card holder's birth certificate physical copy
18.25image must not be retained.
18.26(b) The commissioner must not retain a birth certificate if directed by an applicant,
18.27licensee, or identification card holder under paragraph (a), clause (2), but must
18.28retain data on the birth certificate required under Code of Federal Regulations, title
Sec. 20. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to
19.3 Subd. 7b. Data privacy; noncompliant license or identification card. (a) The
19.4commissioner is prohibited from, with respect to noncompliant licenses or identification
19.6(1) electronically disseminating outside the state data that is not disseminated as
19.7effective date of this act;
19.8(2) utilizing any electronic validation or verification system accessible from or
19.9outside of the state that is not in use as of the effective date of this act; or
19.10(3) sharing any data the department maintains under section 171.07, subdivision 13.
19.11(b) The limitations in paragraph (a) do not apply to the extent necessary to maintain
19.12compliance with the driver's license compact under section 171.50 and applicable federal
19.13law governing commercial driver's licenses.
19.14(c) For purposes of this subdivision, "outside the state" includes federal agencies,
19.15other than Minnesota, organizations operating under agreement among the states, and
Sec. 21. Minnesota Statutes 2016, section 171.27, is amended to read:
19.18171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.
(a) Except as otherwise provided in this section,
the expiration date for each driver's
, other than under-21 licenses,
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
application for a driver's license. A license may be renewed on or before expiration
one year after expiration upon application, payment of the required fee, and passing
examination required of all drivers for renewal. Driving privileges shall be extended
renewed on or preceding the expiration date of an existing driver's license unless
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
Upon the licensee attaining the age of 21 and upon the application, payment of the
fee, and passing the examination required of all drivers for renewal, a driver's license
be issued unless the commissioner determines that the licensee is no longer qualified
(c) The expiration date for each provisional license is two years after the date of
application for the provisional license.
20.3(d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued
20.4person with temporary lawful status is the last day of the person's legal stay in
20.5States, or one year after issuance if the last day of the person's legal stay is not
Any valid Minnesota driver's license issued to a person then or subsequently
serving outside Minnesota in active military service, as defined in section
, in any branch or unit of the armed forces of the United States, or the person's
shall continue in full force and effect without requirement for renewal until the
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
recent license renewal or, in the case of a provisional license, until the person's
the third full year following the renewal.
Sec. 22. REAL ID ACT IMPLEMENTATION.
20.15 Subdivision 1. Definition. For purposes of this section, "REAL ID Act" means the REAL
20.16ID Act of 2005, Public Law 109-13, Division B.
20.17 Subd. 2. Implementation; deadline. The commissioner of public safety must begin
20.18issuing driver's licenses and Minnesota identification cards that fully comply with
20.19ID Act no later than October 1, 2018. The commissioner shall submit a notification
20.20specific full compliance implementation date to: the chairs and ranking minority members
20.21of the legislative committees with jurisdiction over transportation policy and finance,
20.22safety, and data practices; the revisor of statutes; and the Legislative Commission
20.23Practices and Personal Data Privacy.
20.24 Subd. 3. Mandatory reissuance prohibition. When implementing the REAL ID Act
20.25requirements as provided in this act, the commissioner of public safety is prohibited
20.26requiring renewal or reissuance of a driver's license or Minnesota identification
20.27than required under the regular issuance time period. Nothing in this subdivision
20.28suspension, cancellation, or revocation as provided in Minnesota Statutes, chapter
20.29 Subd. 4. Optional early reissuance; fee exemption. (a) For purposes of this subdivision,
20.30"full compliance date" means the date when full compliance with the REAL ID Act is
20.31required and no extensions are in effect for federal acceptance of Minnesota-issued
20.32and identification cards for official purposes, as most recently specified by the
20.33Department of Homeland Security under Code of Federal Regulations, title 6, part 37.
21.1(b) The commissioner of public safety and driver's license agents are prohibited from
21.2imposing fees or surcharges, as specified in paragraph (c), to issue a REAL ID-compliant
21.3driver's license or identification card for an applicant who:
21.4(1) holds a valid Minnesota driver's license or Minnesota identification card that:
21.5(i) was issued prior to the date Minnesota commenced issuing REAL ID-compliant
21.6licenses and Minnesota identification cards; and
21.7(ii) either (A) has an expiration date that is on or after the full compliance date;
21.8does not have an expiration date as provided under Minnesota Statutes, section 171.07,
21.10(2) submits the license or identification card application no later than one year
21.11the full compliance date; and
21.12(3) is otherwise eligible to obtain the license or identification card under Minnesota
21.13Statutes, chapter 171.
21.14(c) For the purposes of licenses and identification cards issued under this subdivision,
21.15the commissioner of public safety and driver's license agents are prohibited from
21.16the fees and surcharges under: Minnesota Statutes, sections 171.06, subdivision 2;
21.17subdivision 4; and 171.07, subdivisions 3 and 3a. Endorsement fees and fees for optional
21.18services, including expedited service fees under Minnesota Statutes, sections 171.06,
21.19subdivisions 2, paragraph (c), and 2a; 171.07, subdivision 11; and 171.13, continue
21.20for applications as appropriate.
21.21(d) The fee exemption requirements under this subdivision do not apply to:
21.22(1) issuance of a new driver's license or Minnesota identification card;
21.23(2) issuance or renewal of an enhanced driver's license or enhanced identification
21.25(3) reinstatement of a canceled, suspended, or revoked license.
Sec. 23. REVISOR'S INSTRUCTION.
21.27The revisor of statutes shall renumber Minnesota Statutes, section 171.06, subdivision
21.283, paragraphs (d) and (e), as Minnesota Statutes, section 171.06, subdivision 3b,
21.29(d) and (e). The revisor shall also make any necessary cross-reference changes consistent
21.30with the renumbering.
Sec. 24. REPEALER.
22.2Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1,
Sec. 25. EFFECTIVE DATE.
22.5Except as specifically provided otherwise, this act is effective the day following
22.6enactment. Sections 1 to 22 apply for application and issuance of driver's licenses
22.7Minnesota identification cards on and after the full compliance implementation date
22.8section 22, subdivision 2.