1.1 A bill for an act
1.2 relating to drivers' licenses; repealing REAL ID implementation law; repealing
1.3 Laws 2017, chapter 76, sections 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16;
1.4 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. REVISOR INSTRUCTION.
1.7 The revisor of statutes, in consultation with the House Research Department; the Office
1.8Senate Counsel, Research, and Fiscal Analysis; and the Department of Public Safety Division
1.9of Driver and Vehicle Services, shall prepare proposed legislation for the 2026 regular
1.10legislative session to make the statutory changes, cross-reference changes, and conforming
1.11changes necessary to effectuate the repeal of the REAL ID implementation law under Laws
1.122017, chapter 76. The proposed legislation must be submitted to the chairs and ranking
1.13minority members of the legislative committees with jurisdiction over drivers' licenses by
1.14February 1, 2026.
1.15 EFFECTIVE DATE.This section is effective the day following final enactment.
1.16 Sec. 2. REPEALER.
1.17 Laws 2017, chapter 76, sections 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17;
1.1818; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; and 29, are repealed.
1.19 EFFECTIVE DATE.This section is effective July 1, 2026.
1Sec. 2.
REVISOR KRB/AD 25-0449304/28/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 3284
NINETY-FOURTH SESSION
Authored by Mekeland, Burkel, Lawrence, Dippel, Dotseth and others05/01/2025
The bill was read for the first time and referred to the Committee on Transportation Finance and Policy Laws 2017, chapter 76, section 1
Section 1. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to read:
Subd. 41a.Noncompliant license; noncompliant identification card."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).
Laws 2017, chapter 76, section 10
Sec. 10. Minnesota Statutes 2016, section 171.06, is amended by adding a subdivision to read:
Subd. 3b.Information for applicants.(a) The commissioner must develop summary information
on identity document options. The summary information must be available on the department's
Web site and at every location where a person may apply for an enhanced, REAL ID compliant,
or noncompliant driver's license or identification card.
(b) The summary information must, at a minimum, include:
(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;
(2) the official purposes of and limitations on use for each type of driver's license and Minnesota
identification card; and
(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.
(c) The commissioner must ensure that the summary information is available to driver's license
and identification card applicants. Renewal notifications mailed to driver's license and identification
card holders must include the Web site address that displays the summary information.
(d) An applicant for an enhanced or noncompliant license or identification card must sign an
acknowledgment that the applicant understands the limitations on use of the license or card.
Laws 2017, chapter 76, section 11
Sec. 11. [171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE.
Subdivision 1.Scope and application.This section applies only to driver's licenses and
Minnesota identification cards that meet all requirements of the REAL ID Act. Except as otherwise
provided under this section, the requirements of Minnesota Rules, chapter 7410, or successor rules,
apply.
Subd. 2.Evidence; identity; date of birth.(a) Only the following is satisfactory evidence of
an applicant's identity and date of birth under section 171.06, subdivision 3, paragraph (b):
(1) a driver's license or identification card that:
(i) complies with all requirements of the REAL ID Act;
(ii) is not designated as temporary or limited term; and
(iii) is current or has been expired for five years or less;
(2) a valid, unexpired United States passport, including a passport booklet or passport card,
issued by the United States Department of State;
(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;
(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;
(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;
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APPENDIX
Repealed Minnesota Session Laws: 25-04493 (6) a certificate of naturalization issued by the United States Department of Homeland Security,
Form N-550 or Form N-570;
(7) a certificate of citizenship issued by the United States Department of Homeland Security,
Form N-560 or Form N-561;
(8) an unexpired employment authorization document issued by the United States Department
of Homeland Security, Form I-766 or Form I-688B;
(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;
(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);
(11) a copy of the applicant's certificate of marriage certified by the issuing government
jurisdiction;
(12) a certified copy of a court order that specifies the applicant's name change; or
(13) a certified copy of a divorce decree or dissolution of marriage that specifies the applicant's
name change, issued by a court.
(b) A document under paragraph (a) must be legible and unaltered.
Subd. 3.Evidence; lawful status.Only a form of documentation identified under subdivision
2 or a document issued by a federal agency that demonstrates the applicant's lawful status are
satisfactory evidence of an applicant's lawful status under section 171.06, subdivision 3, paragraph
(b), clause (2).
Subd. 4.Evidence; Social Security number.The following is satisfactory evidence of an
applicant's Social Security number or related documentation under section 171.06, subdivision 3,
paragraph (b):
(1) a Social Security card;
(2) if a Social Security card is not available:
(i) a federal Form W-2;
(ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's Social Security
number; or
(iii) a computer-printed United States employment pay stub with the applicant's name, address,
and Social Security number; or
(3) for an applicant who provides a passport under subdivision 2, paragraph (a), clause (9),
documentation demonstrating nonwork authorized status.
Subd. 5.Evidence; residence in Minnesota.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):
(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;
(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;
(3) United States financial information issued no more than 90 days before the application, with
account numbers redacted, including:
(i) a bank account statement;
(ii) a canceled check; or
(iii) a credit card statement;
(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;
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Repealed Minnesota Session Laws: 25-04493 (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;
(6) an employment pay stub issued no more than 90 days before the application that lists the
employer's name, address, and telephone number;
(7) a Minnesota unemployment insurance benefit statement issued no more than 90 days before
the application;
(8) a statement from a housing with services building registered under chapter 144D, nursing
home licensed under chapter 144A, or a boarding care facility licensed under sections 144.50 to
144.56, that was issued no more than 90 days before the application;
(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;
(10) a federal or state income tax return or statement for the most recent tax filing year;
(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;
(12) a Minnesota vehicle certificate of title, if issued no more than 12 months before the
application;
(13) a filed property deed or title for current residence, if issued no more than 12 months before
the application;
(14) a Supplemental Security Income award statement issued no more than 12 months before
the application;
(15) mortgage documents for the applicant's principal residence;
(16) a residential lease agreement for the applicant's principal residence issued no more than
12 months before the application;
(17) a valid driver's license, including an instruction permit, issued under this chapter;
(18) a valid Minnesota identification card;
(19) an unexpired Minnesota professional license;
(20) an unexpired Selective Service card; or
(21) military orders that are still in effect at the time of application.
(b) A document under paragraph (a) must include the applicant's name and an address in
Minnesota.
Subd. 6.Exceptions process.(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:
(1) identity or date of birth under subdivision 2;
(2) lawful status under subdivision 3, only for demonstration of United States citizenship;
(3) Social Security number under subdivision 4; and
(4) residence in Minnesota under subdivision 5.
(b) The commissioner must not grant a variance for an applicant having a lawful temporary
admission period.
Laws 2017, chapter 76, section 12
Sec. 12. Minnesota Statutes 2016, section 171.061, subdivision 3, is amended to read:
Subd. 3.Application.An applicant may file an application with an agent. The agent shall receive
and accept applications in accordance with the laws and rules of the Department of Public Safety
for a noncompliant driver's license, or identification card; an enhanced driver's license or
identification card; a REAL ID compliant driver's license or identification card; restricted license,;
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APPENDIX
Repealed Minnesota Session Laws: 25-04493 duplicate license,; instruction permit, Minnesota identification card,; or motorized bicycle operator's
permit.
Laws 2017, chapter 76, section 13
Sec. 13. 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 type or class of vehicles
the applicant is authorized to drive as applied for. This license must bear: (1) a distinguishing
number assigned to the licensee; (2) the licensee's full name and date of birth; (3) either (1) (i) the
licensee's residence address, or (2) (ii) the designated address under section 5B.05; (4) a description
of the licensee in a manner as the commissioner deems necessary; and (5) the usual signature of
the licensee; and (6) designations and markings 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 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) 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.
(e) A license issued to an applicant age 65 or over must be plainly marked "senior" if requested
by the applicant.
(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.
(f) A noncompliant license must:
(1) be marked "not for federal identification" on the face and in the machine-readable portion;
and
(2) have a unique design or color indicator.
(g) A license issued to a person with temporary lawful status must be marked "temporary" on
the face and in the machine-readable portion.
(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.
Laws 2017, chapter 76, section 14
Sec. 14. 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 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: (1) a distinguishing 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) either (1) (i) the licensee's residence address, or (2) (ii) the designated
address under section 5B.05; (5) a description of the applicant in the manner as the commissioner
deems necessary; and (6) the usual signature of the applicant; and (7) designations and markings
provided under this section.
(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
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APPENDIX
Repealed Minnesota Session Laws: 25-04493 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."
(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.
(f) A noncompliant identification card must:
(1) be marked "not for federal identification" on the face and in the machine-readable portion;
and
(2) have a unique design or color indicator.
(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.
(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.
(e) (i) 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).
Laws 2017, chapter 76, section 15
Sec. 15. 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 Minnesota identification cards of applicants under the age of 65 shall be
card is the birthday of the applicant in the fourth year following the date of issuance of the card.
(b) A Minnesota identification card issued to For an applicant age 65 or older shall be:
(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
(2) a noncompliant identification card is valid for the lifetime of the applicant, except that.
(c) For the purposes of this paragraph (b), "Minnesota identification card" does not include an
enhanced identification card issued to an applicant age 65 or older.
(c) (d) 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.
(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.
Laws 2017, chapter 76, section 16
Sec. 16. Minnesota Statutes 2016, section 171.07, subdivision 9a, is amended to read:
Subd. 9a.Security for enhanced driver's license and identification card features.An
enhanced (a) A driver's license or enhanced identification card must include reasonable security
measures to: prevent forgery, alteration, reproduction, and counterfeiting; facilitate detection of
fraud; prohibit the ability to superimpose a photograph or electronically produced image; and to
protect against unauthorized disclosure of personal information regarding residents of this state that
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APPENDIX
Repealed Minnesota Session Laws: 25-04493 is contained in the enhanced driver's license or enhanced identification card. The enhanced 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, 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.
Laws 2017, chapter 76, section 17
Sec. 17. Minnesota Statutes 2016, section 171.071, subdivision 3, is amended to read:
Subd. 3.Exception Limitations.Subdivision 1 applies only to a noncompliant license or
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 license or an enhanced
identification card.
Laws 2017, chapter 76, section 18
Sec. 18. Minnesota Statutes 2016, section 171.072, is amended to read:
171.072 TRIBAL IDENTIFICATION CARD.
(a) If a Minnesota identification card is deemed an acceptable form of identification in Minnesota
Statutes or Rules, a tribal identification card is also an acceptable form of identification. A tribal
identification card is a primary document for purposes of Minnesota Rules, part 7410.0400, and
successor rules, when an applicant applies for a noncompliant license 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 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.
(d) The requirements of this section do not apply to: (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
tribal identification cards used to prove an individual's residence for purposes of section 201.061,
subdivision 3.
Laws 2017, chapter 76, section 19
Sec. 19. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read:
Subd. 1a.Driver and vehicle services information system; security and auditing.(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.
(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.
(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,
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APPENDIX
Repealed Minnesota Session Laws: 25-04493 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.
EFFECTIVE DATE.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.
Laws 2017, chapter 76, section 2
Sec. 2. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to read:
Subd. 45b.REAL ID Act."REAL ID Act" means the REAL ID Act of 2005, Public Law
109-13, Division B.
Laws 2017, chapter 76, section 20
Sec. 20. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read:
Subd. 3c.Record retention; birth certificates.(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:
(1) notify a driver's license or identification card applicant of the retention procedure; and
(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.
(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).
Laws 2017, chapter 76, section 21
Sec. 21. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read:
Subd. 7b.Data privacy; noncompliant license or identification card.(a) With respect to
noncompliant licenses or identification cards, the commissioner is prohibited from:
(1) electronically disseminating outside the state data that is not disseminated as of the effective
date of this act; or
(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.
(b) The limitations in paragraph (a) do not apply to the extent necessary to maintain compliance
with the driver's license compact under section 171.50 and applicable federal law governing
commercial driver's licenses.
(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.
Laws 2017, chapter 76, section 22
Sec. 22. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read:
Subd. 7c.Other data provisions.(a) The commissioner must not share any data the department
maintains under section 171.07, subdivision 13, with any federal agency, federal department, or
federal entity for a use that would otherwise be permissible under United States Code, title 18,
section 2721, or other law.
(b) Data collected by government entities under sections 624.712 to 624.719 are classified under
section 13.87, subdivision 2.
Laws 2017, chapter 76, section 23
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APPENDIX
Repealed Minnesota Session Laws: 25-04493 Sec. 23. Minnesota Statutes 2016, section 171.27, is amended to read:
171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION.
(a) Except as otherwise provided in this section, the expiration date for each driver's license,
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 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.
(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.
(d) (e) 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.
Laws 2017, chapter 76, section 24
Sec. 24. REAL ID ACT IMPLEMENTATION.
Subdivision 1.Definition.For purposes of this section, "REAL ID Act" means the REAL ID
Act of 2005, Public Law 109-13, Division B.
Subd. 2.Implementation; deadline.The commissioner of public safety must begin issuing
driver's licenses and Minnesota identification cards that fully comply with the REAL ID Act no
later than October 1, 2018. The commissioner must notify the following individuals and entities of
the specific full compliance implementation date: the chairs and ranking minority members of the
legislative committees with jurisdiction over transportation policy and finance, public safety, and
data practices; the revisor of statutes; and the Legislative Commission on Data Practices and Personal
Data Privacy.
Subd. 3.Mandatory reissuance prohibition.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.
Subd. 4.Early renewal and expiration date extension.(a) For purposes of this subdivision,
"federal full compliance date" means the date when full compliance with the REAL ID Act is
federally required and no extensions are in effect for federal acceptance of Minnesota-issued licenses
and identification cards for official purposes, as most recently specified by the United States
Department of Homeland Security under Code of Federal Regulations, title 6, part 37.
(b) For purposes of this subdivision, "eligible applicant" means an applicant for a REAL ID
compliant driver's license or identification card who:
(1) holds a valid Minnesota driver's license or Minnesota identification card that:
(i) was issued prior to the date Minnesota commenced issuing REAL ID compliant licenses and
Minnesota identification cards; and
(ii) either (A) has an expiration date that is after the federal full compliance date; or (B) does
not have an expiration date as provided under Minnesota Statutes, section 171.07, subdivision 4;
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APPENDIX
Repealed Minnesota Session Laws: 25-04493 (2) submits the license or identification card application no later than one year following the
federal full compliance date; and
(3) is otherwise eligible to obtain the license or identification card under Minnesota Statutes,
chapter 171.
(c) For the first instance of issuing a REAL ID compliant driver's license, the expiration date
is the birthday of the applicant in the fourth year following the date that the driver's license would
otherwise expire absent this subdivision, notwithstanding the requirements of Minnesota Statutes,
section 171.27, paragraph (a).
(d) For the first instance of issuing a REAL ID compliant identification card, the expiration
date is the birthday of the applicant in the fourth year following the date that the identification card
would otherwise expire absent this subdivision, notwithstanding the requirements of Minnesota
Statutes, section 171.07, subdivision 4, paragraph (a).
(e) A surcharge is imposed for early renewal under this subdivision. The surcharge is in addition
to the fees and surcharges under Minnesota Statutes, sections 171.06, subdivision 2; 171.061,
subdivision 4; and 171.07, subdivisions 3 and 3a; or other law. The surcharge is calculated based
on the length of time otherwise remaining absent this subdivision until expiration of the driver's
license or identification card, as follows:
(1) $2 for a current expiration date of no more than 17 months from the date of application
under this subdivision;
(2) $4 for a current expiration date of 18 months to no more than 29 months; and
(3) $6 for a current expiration date of more than 29 months.
(f) This subdivision does not apply to:
(1) issuance of a new driver's license or Minnesota identification card;
(2) issuance or renewal of a noncompliant license or identification card, as defined in Minnesota
Statutes, section 171.01, subdivision 41a;
(3) issuance or renewal of an enhanced driver's license or enhanced identification card;
(4) reinstatement of a canceled, suspended, or revoked license;
(5) a driver's license subject to expiration under Minnesota Statutes, section 171.27, paragraphs
(b) to (d); or
(6) a Minnesota identification card subject to expiration under Minnesota Statutes, section
171.07, subdivision 4, paragraphs (b) to (e).
Laws 2017, chapter 76, section 25
Sec. 25. REVISOR'S INSTRUCTION.
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.
Laws 2017, chapter 76, section 26
Sec. 26. APPROPRIATION.
$3,270,000 in fiscal year 2019 is appropriated from the driver services operating account in the
special revenue fund to the commissioner of public safety for implementation and conformity with
the requirements of the REAL ID Act of 2005, Public Law 109-13, Division B, as provided under
this act. This is a onetime appropriation.
Laws 2017, chapter 76, section 27
Sec. 27. CONTINGENT REPEALER.
If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed or if the definition of
"official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the provisions of
this act become null and void on June 30 of the following year. On June 30 in the year after the
repeal or amendment, the commissioner of the Department of Public Safety must stop issuing REAL
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Repealed Minnesota Session Laws: 25-04493 ID compliant driver's licenses and identification cards. Within 90 days of the federal repeal or
amendment, the commissioner must submit a report, including proposed legislative changes, to
repeal all aspects of this act to the chairs and ranking minority members of the legislative committees
with jurisdiction over transportation policy and finance, public safety, and data practices; the revisor
of statutes; and the Legislative Commission on Data Practices and Personal Data Privacy.
Laws 2017, chapter 76, section 28
Sec. 28. REPEALER.
Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1, is repealed.
Laws 2017, chapter 76, section 29
Sec. 29. EFFECTIVE DATE.
Except as specifically provided otherwise, this act is effective the day following final enactment.
Sections 1 to 24 apply for application and issuance of driver's licenses and Minnesota identification
cards on and after the full compliance implementation date under section 24, subdivision 2.
Laws 2017, chapter 76, section 3
Sec. 3. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to read:
Subd. 48b.Temporary lawful status."Temporary lawful status" has the meaning given in
Code of Federal Regulations, title 6, section 37.3.
Laws 2017, chapter 76, section 4
Sec. 4. Minnesota Statutes 2016, section 171.017, is amended to read:
171.017 BACKGROUND INVESTIGATIONS; DEPARTMENT DRIVER'S LICENSE
AGENTS AND CERTAIN EMPLOYEES.
Subdivision 1.Background checks authorized.The commissioner shall must investigate 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:
(1) the ability to create or modify records of applicants for identification cards and driver's
licenses, including enhanced drivers' driver's licenses under section 171.01, subdivision 31a, or and
enhanced identification cards under section 171.01, subdivision 31b;
(2) the ability to issue enhanced drivers' driver's licenses under section 171.01, subdivision 31a,
or enhanced identification cards under section 171.01, subdivision 31b; or
(3) the ability to 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 agent or the 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 agent, employee, 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).
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Repealed Minnesota Session Laws: 25-04493 (c) The superintendent shall recover the cost to the bureau of a bureau's background 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 the superintendent shall
conduct annual background checks for the department employees specified in subdivision 1, clause
(3). Annual background checks under this subdivision shall must be performed in a manner consistent
with subdivisions 2 and 3.
Laws 2017, chapter 76, section 5
Sec. 5. [171.019] REAL ID ACT CONFORMITY; LIMITATIONS.
Subdivision 1.Definition.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:
(1) in what constitutes an official purpose under Code of Federal Regulations, title 6, part 37;
(2) in the machine-readable technology standards for a license or Minnesota identification card;
(3) in the information provided on the face of the license or Minnesota identification card;
(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
(5) that imposes an identifiable cost for the state of Minnesota.
Subd. 2.License and Minnesota identification card options.(a) The commissioner must
establish a license and a Minnesota identification card that meets the requirements of the REAL
ID Act, including but not limited to documentation requirements, administrative processes, electronic
validation or verification of data, and card design and marking, as provided under this chapter.
(b) The commissioner must establish a license and Minnesota identification card that:
(1) is not acceptable for federal identification under the REAL ID Act, but complies with Code
of Federal Regulations, title 6, section 37.71; and
(2) meets the requirements under this chapter, including but not limited to section 171.12,
subdivision 7b.
(c) The commissioner must establish an enhanced driver's license or enhanced identification
card as provided in this chapter.
Subd. 3.Limitations.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.
Subd. 4.Legislative notification.(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.
(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.
Subd. 5.Statutory construction.(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.
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Repealed Minnesota Session Laws: 25-04493 (b) A noncompliant license does not include an enhanced driver's license, and a noncompliant
identification card does not include an enhanced identification card.
Laws 2017, chapter 76, section 6
Sec. 6. Minnesota Statutes 2016, section 171.04, is amended by adding a subdivision to read:
Subd. 5.Temporary lawful admission.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.
Laws 2017, chapter 76, section 7
Sec. 7. Minnesota Statutes 2016, section 171.06, subdivision 1, is amended to read:
Subdivision 1.Forms of Application format and requirements.Every application for a
Minnesota identification card, for including an enhanced identification card, or for a driver's license
including for an instruction permit, for a provisional license, for a driver's license, or for and an
enhanced driver's license, must be made in a format approved by the department, and. Every
application must be accompanied by payment of the proper fee. 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 applicants
must sign the application and declare, under penalty of perjury, that the information and
documentation presented in the application is true and correct. All applications requiring evidence
of legal presence in the United States or United States citizenship must be signed in the presence
of the person authorized to accept the application, or the signature on the application may be verified
by a notary public.
Laws 2017, chapter 76, section 8
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:
A-$36.25B-$28.25C-$21.25D-$17.25
REAL ID Compliant or
Noncompliant Classified
Driver's License
A-$16.25B-$28.25C-$21.25D-$17.25
REAL ID Compliant or
Noncompliant Classified
Under-21 D.L.
A-$51.25B-$43.25C-$36.25D-$32.25Enhanced Driver's License
$5.25
REAL ID Compliant or
Noncompliant Instruction
Permit
$20.25Enhanced Instruction Permit
$2.50Commercial Learner's Permit
$8.25
REAL ID Compliant or
Noncompliant Provisional
License
$23.25Enhanced Provisional License
$6.75
Duplicate REAL ID
Compliant or Noncompliant
License or duplicate REAL
ID Compliant or
Noncompliant identification
card
$21.75
Enhanced Duplicate License
or enhanced duplicate
identification card
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Repealed Minnesota Session Laws: 25-04493 $11.25
REAL ID Compliant or
Noncompliant Minnesota
identification card or REAL
ID Compliant or
Noncompliant Under-21
Minnesota identification card,
other than duplicate, except
as otherwise provided in
section 171.07, subdivisions
3 and 3a
$26.25
Enhanced Minnesota
identification card
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.
Laws 2017, chapter 76, section 9
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 does not have is not eligible for a Social Security number;
(4) in the case of an application for an enhanced driver's license or enhanced identification card,
present:
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APPENDIX
Repealed Minnesota Session Laws: 25-04493 (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
(ii) a photographic identity document;
(5) contain a space where the applicant may indicate a desire to make an anatomical gift according
to paragraph (b);
(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; and
(7) (5) contain a space spaces where the applicant may:
(i) request a veteran designation on the license under section 171.07, subdivision 15, and the
driving record under section 171.12, subdivision 5a;
(ii) indicate a desire to make an anatomical gift under paragraph (d); and
(iii) as applicable, designate document retention as provided under section 171.12, subdivision
3c.
(b) Applications must be accompanied by satisfactory evidence demonstrating:
(1) identity, date of birth, and any legal name change if applicable; and
(2) for driver's licenses and Minnesota identification cards that meet all requirements of the
REAL ID Act:
(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;
(ii) Social Security number, or related documentation as applicable; and
(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced driver's license or enhanced identification card must be
accompanied by:
(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and
(2) a photographic identity document.
(b) (d) 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.
(c) (e) 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
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Repealed Minnesota Session Laws: 25-04493 (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests for
alcohol-related violations.
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APPENDIX
Repealed Minnesota Session Laws: 25-04493