1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to drivers' licenses; repealing REAL ID implementation law; repealing |
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3 | 3 | | 1.3 Laws 2017, chapter 76, sections 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; |
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4 | 4 | | 1.4 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. REVISOR INSTRUCTION. |
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7 | 7 | | 1.7 The revisor of statutes, in consultation with the House Research Department; the Office |
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8 | 8 | | 1.8Senate Counsel, Research, and Fiscal Analysis; and the Department of Public Safety Division |
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9 | 9 | | 1.9of Driver and Vehicle Services, shall prepare proposed legislation for the 2026 regular |
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10 | 10 | | 1.10legislative session to make the statutory changes, cross-reference changes, and conforming |
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11 | 11 | | 1.11changes necessary to effectuate the repeal of the REAL ID implementation law under Laws |
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12 | 12 | | 1.122017, chapter 76. The proposed legislation must be submitted to the chairs and ranking |
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13 | 13 | | 1.13minority members of the legislative committees with jurisdiction over drivers' licenses by |
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14 | 14 | | 1.14February 1, 2026. |
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15 | 15 | | 1.15 EFFECTIVE DATE.This section is effective the day following final enactment. |
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16 | 16 | | 1.16 Sec. 2. REPEALER. |
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17 | 17 | | 1.17 Laws 2017, chapter 76, sections 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; |
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18 | 18 | | 1.1818; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; and 29, are repealed. |
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19 | 19 | | 1.19 EFFECTIVE DATE.This section is effective July 1, 2026. |
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20 | 20 | | 1Sec. 2. |
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21 | 21 | | 25-04493 as introduced04/28/25 REVISOR KRB/AD |
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22 | 22 | | SENATE |
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23 | 23 | | STATE OF MINNESOTA |
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24 | 24 | | S.F. No. 3492NINETY-FOURTH SESSION |
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25 | 25 | | (SENATE AUTHORS: LUCERO, Wesenberg, Lieske, Green and Hoffman) |
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26 | 26 | | OFFICIAL STATUSD-PGDATE |
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27 | 27 | | Introduction and first reading05/07/2025 |
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28 | 28 | | Referred to Transportation Laws 2017, chapter 76, section 1 |
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29 | 29 | | Section 1. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to read: |
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30 | 30 | | Subd. 41a.Noncompliant license; noncompliant identification card."Noncompliant license," |
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31 | 31 | | "noncompliant identification card," or "noncompliant license or identification card," means a driver's |
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32 | 32 | | license or Minnesota identification card issued under section 171.019, subdivision 2, paragraph (b). |
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33 | 33 | | Laws 2017, chapter 76, section 10 |
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34 | 34 | | Sec. 10. Minnesota Statutes 2016, section 171.06, is amended by adding a subdivision to read: |
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35 | 35 | | Subd. 3b.Information for applicants.(a) The commissioner must develop summary information |
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36 | 36 | | on identity document options. The summary information must be available on the department's |
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37 | 37 | | Web site and at every location where a person may apply for an enhanced, REAL ID compliant, |
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38 | 38 | | or noncompliant driver's license or identification card. |
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39 | 39 | | (b) The summary information must, at a minimum, include: |
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40 | 40 | | (1) each available type of driver's license and Minnesota identification card, including a |
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41 | 41 | | noncompliant license or identification card, an enhanced driver's license, and an enhanced |
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42 | 42 | | identification card; |
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43 | 43 | | (2) the official purposes of and limitations on use for each type of driver's license and Minnesota |
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44 | 44 | | identification card; and |
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45 | 45 | | (3) an overview of data shared outside the state, including through electronic validation or |
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46 | 46 | | verification systems, as part of the application and issuance of each type. |
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47 | 47 | | (c) The commissioner must ensure that the summary information is available to driver's license |
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48 | 48 | | and identification card applicants. Renewal notifications mailed to driver's license and identification |
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49 | 49 | | card holders must include the Web site address that displays the summary information. |
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50 | 50 | | (d) An applicant for an enhanced or noncompliant license or identification card must sign an |
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51 | 51 | | acknowledgment that the applicant understands the limitations on use of the license or card. |
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52 | 52 | | Laws 2017, chapter 76, section 11 |
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53 | 53 | | Sec. 11. [171.0605] EVIDENCE OF IDENTITY AND LAWFUL PRESENCE. |
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54 | 54 | | Subdivision 1.Scope and application.This section applies only to driver's licenses and |
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55 | 55 | | Minnesota identification cards that meet all requirements of the REAL ID Act. Except as otherwise |
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56 | 56 | | provided under this section, the requirements of Minnesota Rules, chapter 7410, or successor rules, |
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57 | 57 | | apply. |
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58 | 58 | | Subd. 2.Evidence; identity; date of birth.(a) Only the following is satisfactory evidence of |
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59 | 59 | | an applicant's identity and date of birth under section 171.06, subdivision 3, paragraph (b): |
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60 | 60 | | (1) a driver's license or identification card that: |
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61 | 61 | | (i) complies with all requirements of the REAL ID Act; |
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62 | 62 | | (ii) is not designated as temporary or limited term; and |
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63 | 63 | | (iii) is current or has been expired for five years or less; |
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64 | 64 | | (2) a valid, unexpired United States passport, including a passport booklet or passport card, |
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65 | 65 | | issued by the United States Department of State; |
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66 | 66 | | (3) a certified copy of a birth certificate issued by a government bureau of vital statistics or |
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67 | 67 | | equivalent agency in the applicant's state of birth, which must bear the raised or authorized seal of |
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68 | 68 | | the issuing government entity; |
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69 | 69 | | (4) a consular report of birth abroad, certification of report of birth, or certification of birth |
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70 | 70 | | abroad, issued by the United States Department of State, Form FS-240, DS-1350, or FS-545; |
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71 | 71 | | (5) a valid, unexpired permanent resident card issued by the United States Department of |
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72 | 72 | | Homeland Security or the former Immigration and Naturalization Service of the United States |
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73 | 73 | | Department of Justice, Form I-551; |
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74 | 74 | | 1R |
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75 | 75 | | APPENDIX |
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76 | 76 | | Repealed Minnesota Session Laws: 25-04493 (6) a certificate of naturalization issued by the United States Department of Homeland Security, |
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77 | 77 | | Form N-550 or Form N-570; |
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78 | 78 | | (7) a certificate of citizenship issued by the United States Department of Homeland Security, |
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79 | 79 | | Form N-560 or Form N-561; |
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80 | 80 | | (8) an unexpired employment authorization document issued by the United States Department |
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81 | 81 | | of Homeland Security, Form I-766 or Form I-688B; |
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82 | 82 | | (9) a valid, unexpired passport issued by a foreign country and a valid, unexpired United States |
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83 | 83 | | visa accompanied by documentation of the applicant's most recent lawful admittance into the United |
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84 | 84 | | States; |
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85 | 85 | | (10) a document as designated by the United States Department of Homeland Security under |
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86 | 86 | | Code of Federal Regulations, title 6, part 37.11(c)(1)(x); |
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87 | 87 | | (11) a copy of the applicant's certificate of marriage certified by the issuing government |
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88 | 88 | | jurisdiction; |
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89 | 89 | | (12) a certified copy of a court order that specifies the applicant's name change; or |
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90 | 90 | | (13) a certified copy of a divorce decree or dissolution of marriage that specifies the applicant's |
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91 | 91 | | name change, issued by a court. |
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92 | 92 | | (b) A document under paragraph (a) must be legible and unaltered. |
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93 | 93 | | Subd. 3.Evidence; lawful status.Only a form of documentation identified under subdivision |
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94 | 94 | | 2 or a document issued by a federal agency that demonstrates the applicant's lawful status are |
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95 | 95 | | satisfactory evidence of an applicant's lawful status under section 171.06, subdivision 3, paragraph |
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96 | 96 | | (b), clause (2). |
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97 | 97 | | Subd. 4.Evidence; Social Security number.The following is satisfactory evidence of an |
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98 | 98 | | applicant's Social Security number or related documentation under section 171.06, subdivision 3, |
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99 | 99 | | paragraph (b): |
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100 | 100 | | (1) a Social Security card; |
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101 | 101 | | (2) if a Social Security card is not available: |
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102 | 102 | | (i) a federal Form W-2; |
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103 | 103 | | (ii) a federal Form SSA-1099 or other federal Form 1099 having the applicant's Social Security |
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104 | 104 | | number; or |
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105 | 105 | | (iii) a computer-printed United States employment pay stub with the applicant's name, address, |
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106 | 106 | | and Social Security number; or |
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107 | 107 | | (3) for an applicant who provides a passport under subdivision 2, paragraph (a), clause (9), |
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108 | 108 | | documentation demonstrating nonwork authorized status. |
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109 | 109 | | Subd. 5.Evidence; residence in Minnesota.Submission of two forms of documentation from |
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110 | 110 | | the following is satisfactory evidence of an applicant's principal residence address in Minnesota |
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111 | 111 | | under section 171.06, subdivision 3, paragraph (b): |
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112 | 112 | | (1) a home utility services bill issued no more than 90 days before the application, provided |
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113 | 113 | | that the commissioner must not accept a United States home utility bill if two unrelated people are |
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114 | 114 | | listed on the bill; |
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115 | 115 | | (2) a home utility services hook-up work order issued no more than 90 days before the |
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116 | 116 | | application, provided that the commissioner must not accept a home utility services hook-up work |
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117 | 117 | | order if two unrelated people are listed on the work order; |
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118 | 118 | | (3) United States financial information issued no more than 90 days before the application, with |
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119 | 119 | | account numbers redacted, including: |
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120 | 120 | | (i) a bank account statement; |
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121 | 121 | | (ii) a canceled check; or |
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122 | 122 | | (iii) a credit card statement; |
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123 | 123 | | (4) a United States high school identification card with a certified transcript from the school, if |
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124 | 124 | | issued no more than 180 days before the application; |
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125 | 125 | | 2R |
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126 | 126 | | APPENDIX |
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127 | 127 | | Repealed Minnesota Session Laws: 25-04493 (5) a Minnesota college or university identification card with a certified transcript from the |
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128 | 128 | | college or university, if issued no more than 180 days before the application; |
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129 | 129 | | (6) an employment pay stub issued no more than 90 days before the application that lists the |
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130 | 130 | | employer's name, address, and telephone number; |
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131 | 131 | | (7) a Minnesota unemployment insurance benefit statement issued no more than 90 days before |
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132 | 132 | | the application; |
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133 | 133 | | (8) a statement from a housing with services building registered under chapter 144D, nursing |
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134 | 134 | | home licensed under chapter 144A, or a boarding care facility licensed under sections 144.50 to |
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135 | 135 | | 144.56, that was issued no more than 90 days before the application; |
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136 | 136 | | (9) a life, health, automobile, homeowner's, or renter's insurance policy issued no more than 90 |
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137 | 137 | | days before the application, provided that the commissioner must not accept a proof of insurance |
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138 | 138 | | card; |
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139 | 139 | | (10) a federal or state income tax return or statement for the most recent tax filing year; |
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140 | 140 | | (11) a Minnesota property tax statement for the current year that shows the applicant's principal |
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141 | 141 | | residential address both on the mailing portion and the portion stating what property is being taxed; |
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142 | 142 | | (12) a Minnesota vehicle certificate of title, if issued no more than 12 months before the |
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143 | 143 | | application; |
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144 | 144 | | (13) a filed property deed or title for current residence, if issued no more than 12 months before |
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145 | 145 | | the application; |
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146 | 146 | | (14) a Supplemental Security Income award statement issued no more than 12 months before |
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147 | 147 | | the application; |
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148 | 148 | | (15) mortgage documents for the applicant's principal residence; |
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149 | 149 | | (16) a residential lease agreement for the applicant's principal residence issued no more than |
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150 | 150 | | 12 months before the application; |
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151 | 151 | | (17) a valid driver's license, including an instruction permit, issued under this chapter; |
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152 | 152 | | (18) a valid Minnesota identification card; |
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153 | 153 | | (19) an unexpired Minnesota professional license; |
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154 | 154 | | (20) an unexpired Selective Service card; or |
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155 | 155 | | (21) military orders that are still in effect at the time of application. |
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156 | 156 | | (b) A document under paragraph (a) must include the applicant's name and an address in |
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157 | 157 | | Minnesota. |
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158 | 158 | | Subd. 6.Exceptions process.(a) The commissioner may grant a variance from the requirements |
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159 | 159 | | of this section as provided under Minnesota Rules, part 7410.0600, or successor rules, for evidence |
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160 | 160 | | of: |
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161 | 161 | | (1) identity or date of birth under subdivision 2; |
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162 | 162 | | (2) lawful status under subdivision 3, only for demonstration of United States citizenship; |
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163 | 163 | | (3) Social Security number under subdivision 4; and |
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164 | 164 | | (4) residence in Minnesota under subdivision 5. |
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165 | 165 | | (b) The commissioner must not grant a variance for an applicant having a lawful temporary |
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166 | 166 | | admission period. |
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167 | 167 | | Laws 2017, chapter 76, section 12 |
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168 | 168 | | Sec. 12. Minnesota Statutes 2016, section 171.061, subdivision 3, is amended to read: |
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169 | 169 | | Subd. 3.Application.An applicant may file an application with an agent. The agent shall receive |
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170 | 170 | | and accept applications in accordance with the laws and rules of the Department of Public Safety |
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171 | 171 | | for a noncompliant driver's license, or identification card; an enhanced driver's license or |
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172 | 172 | | identification card; a REAL ID compliant driver's license or identification card; restricted license,; |
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173 | 173 | | 3R |
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174 | 174 | | APPENDIX |
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175 | 175 | | Repealed Minnesota Session Laws: 25-04493 duplicate license,; instruction permit, Minnesota identification card,; or motorized bicycle operator's |
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176 | 176 | | permit. |
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177 | 177 | | Laws 2017, chapter 76, section 13 |
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178 | 178 | | Sec. 13. Minnesota Statutes 2016, section 171.07, subdivision 1, is amended to read: |
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179 | 179 | | Subdivision 1.License; contents and design.(a) Upon the payment of the required fee, the |
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180 | 180 | | department shall issue to every qualifying applicant a license designating the type or class of vehicles |
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181 | 181 | | the applicant is authorized to drive as applied for. This license must bear: (1) a distinguishing |
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182 | 182 | | number assigned to the licensee; (2) the licensee's full name and date of birth; (3) either (1) (i) the |
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183 | 183 | | licensee's residence address, or (2) (ii) the designated address under section 5B.05; (4) a description |
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184 | 184 | | of the licensee in a manner as the commissioner deems necessary; and (5) the usual signature of |
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185 | 185 | | the licensee; and (6) designations and markings as provided in this section. No license is valid |
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186 | 186 | | unless it bears the usual signature of the licensee. Every license must bear a colored photograph or |
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187 | 187 | | an electronically produced image of the licensee. |
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188 | 188 | | (b) If the United States Postal Service will not deliver mail to the applicant's residence address |
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189 | 189 | | as listed on the license, then the applicant shall provide verification from the United States Postal |
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190 | 190 | | Service that mail will not be delivered to the applicant's residence address and that mail will be |
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191 | 191 | | delivered to a specified alternate mailing address. When an applicant provides an alternate mailing |
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192 | 192 | | address under this subdivision, the commissioner shall use the alternate mailing address in lieu of |
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193 | 193 | | the applicant's residence address for all notices and mailings to the applicant. |
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194 | 194 | | (c) Every license issued to an applicant under the age of 21 must be of a distinguishing color |
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195 | 195 | | and plainly marked "Under-21." |
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196 | 196 | | (d) The department shall use processes in issuing a license that prohibit, as nearly as possible, |
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197 | 197 | | the ability to alter or reproduce a license, or prohibit the ability to superimpose a photograph or |
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198 | 198 | | electronically produced image on a license, without ready detection. |
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199 | 199 | | (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if requested |
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200 | 200 | | by the applicant. |
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201 | 201 | | (e) Except for an enhanced driver's license or a noncompliant license, a license must bear a |
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202 | 202 | | distinguishing indicator for compliance with requirements of the REAL ID Act. |
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203 | 203 | | (f) A noncompliant license must: |
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204 | 204 | | (1) be marked "not for federal identification" on the face and in the machine-readable portion; |
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205 | 205 | | and |
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206 | 206 | | (2) have a unique design or color indicator. |
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207 | 207 | | (g) A license issued to a person with temporary lawful status must be marked "temporary" on |
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208 | 208 | | the face and in the machine-readable portion. |
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209 | 209 | | (h) A license must display the licensee's full name or no fewer than 39 characters of the name. |
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210 | 210 | | Any necessary truncation must begin with the last character of the middle name and proceed through |
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211 | 211 | | the second letter of the middle name, followed by the last character of the first name and proceeding |
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212 | 212 | | through the second letter of the first name. |
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213 | 213 | | Laws 2017, chapter 76, section 14 |
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214 | 214 | | Sec. 14. Minnesota Statutes 2016, section 171.07, subdivision 3, is amended to read: |
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215 | 215 | | Subd. 3.Identification card; content and design; fee.(a) Upon payment of the required fee, |
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216 | 216 | | the department shall issue to every qualifying applicant a Minnesota identification card. The |
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217 | 217 | | department may not issue a Minnesota identification card to an individual who has a driver's license, |
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218 | 218 | | other than a limited license. The department may not issue an enhanced identification card to an |
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219 | 219 | | individual who is under 16 years of age, not a resident of this state, or not a citizen of the United |
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220 | 220 | | States of America. The card must bear: (1) a distinguishing number assigned to the applicant; (2) |
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221 | 221 | | a colored photograph or an electronically produced image of the applicant; (3) the applicant's full |
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222 | 222 | | name and date of birth; (4) either (1) (i) the licensee's residence address, or (2) (ii) the designated |
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223 | 223 | | address under section 5B.05; (5) a description of the applicant in the manner as the commissioner |
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224 | 224 | | deems necessary; and (6) the usual signature of the applicant; and (7) designations and markings |
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225 | 225 | | provided under this section. |
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226 | 226 | | (b) If the United States Postal Service will not deliver mail to the applicant's residence address |
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227 | 227 | | as listed on the Minnesota identification card, then the applicant shall provide verification from the |
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228 | 228 | | 4R |
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229 | 229 | | APPENDIX |
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230 | 230 | | Repealed Minnesota Session Laws: 25-04493 United States Postal Service that mail will not be delivered to the applicant's residence address and |
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231 | 231 | | that mail will be delivered to a specified alternate mailing address. When an applicant provides an |
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232 | 232 | | alternate mailing address under this subdivision, the commissioner shall use the alternate mailing |
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233 | 233 | | address in lieu of the applicant's residence address for all notices and mailings to the applicant. |
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234 | 234 | | (c) Each identification card issued to an applicant under the age of 21 must be of a distinguishing |
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235 | 235 | | color and plainly marked "Under-21." |
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236 | 236 | | (d) Each Minnesota identification card must be plainly marked "Minnesota identification card |
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237 | 237 | | - not a driver's license." |
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238 | 238 | | (e) Except for an enhanced identification card or a noncompliant identification card, a Minnesota |
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239 | 239 | | identification card must bear a distinguishing indicator for compliance with requirements of the |
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240 | 240 | | REAL ID Act. |
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241 | 241 | | (f) A noncompliant identification card must: |
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242 | 242 | | (1) be marked "not for federal identification" on the face and in the machine-readable portion; |
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243 | 243 | | and |
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244 | 244 | | (2) have a unique design or color indicator. |
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245 | 245 | | (g) A Minnesota identification card issued to a person with temporary lawful status must be |
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246 | 246 | | marked "temporary" on the face and in the machine-readable portion. |
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247 | 247 | | (h) A Minnesota identification card must display the cardholder's full name or no fewer than |
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248 | 248 | | 39 characters of the name. Any necessary truncation must begin with the last character of the middle |
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249 | 249 | | name and proceed through the second letter of the middle name, followed by the last character of |
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250 | 250 | | the first name and proceeding through the second letter of the first name. |
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251 | 251 | | (e) (i) The fee for a Minnesota identification card is 50 cents when issued to a person who is |
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252 | 252 | | developmentally disabled, as defined in section 252A.02, subdivision 2; a physically disabled |
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253 | 253 | | person, as defined in section 169.345, subdivision 2; or, a person with mental illness, as described |
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254 | 254 | | in section 245.462, subdivision 20, paragraph (c). |
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255 | 255 | | Laws 2017, chapter 76, section 15 |
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256 | 256 | | Sec. 15. Minnesota Statutes 2016, section 171.07, subdivision 4, is amended to read: |
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257 | 257 | | Subd. 4.Identification card expiration.(a) Except as otherwise provided in this subdivision, |
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258 | 258 | | the expiration date of a Minnesota identification cards of applicants under the age of 65 shall be |
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259 | 259 | | card is the birthday of the applicant in the fourth year following the date of issuance of the card. |
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260 | 260 | | (b) A Minnesota identification card issued to For an applicant age 65 or older shall be: |
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261 | 261 | | (1) the expiration date of a Minnesota identification card is the birthday of the applicant in the |
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262 | 262 | | eighth year following the date of issuance of the card; or |
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263 | 263 | | (2) a noncompliant identification card is valid for the lifetime of the applicant, except that. |
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264 | 264 | | (c) For the purposes of this paragraph (b), "Minnesota identification card" does not include an |
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265 | 265 | | enhanced identification card issued to an applicant age 65 or older. |
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266 | 266 | | (c) (d) The expiration date for an Under-21 identification card is the cardholder's 21st birthday. |
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267 | 267 | | The commissioner shall issue an identification card to a holder of an Under-21 identification card |
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268 | 268 | | who applies for the card, pays the required fee, and presents proof of identity and age, unless the |
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269 | 269 | | commissioner determines that the applicant is not qualified for the identification card. |
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270 | 270 | | (e) Notwithstanding paragraphs (a) to (d), the expiration date for an identification card issued |
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271 | 271 | | to a person with temporary lawful status is the last day of the person's legal stay in the United States, |
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272 | 272 | | or one year after issuance if the last day of the person's legal stay is not identified. |
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273 | 273 | | Laws 2017, chapter 76, section 16 |
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274 | 274 | | Sec. 16. Minnesota Statutes 2016, section 171.07, subdivision 9a, is amended to read: |
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275 | 275 | | Subd. 9a.Security for enhanced driver's license and identification card features.An |
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276 | 276 | | enhanced (a) A driver's license or enhanced identification card must include reasonable security |
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277 | 277 | | measures to: prevent forgery, alteration, reproduction, and counterfeiting; facilitate detection of |
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278 | 278 | | fraud; prohibit the ability to superimpose a photograph or electronically produced image; and to |
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279 | 279 | | protect against unauthorized disclosure of personal information regarding residents of this state that |
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280 | 280 | | 5R |
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281 | 281 | | APPENDIX |
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282 | 282 | | Repealed Minnesota Session Laws: 25-04493 is contained in the enhanced driver's license or enhanced identification card. The enhanced driver's |
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283 | 283 | | license must include the best available anticounterfeit laminate technology. |
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284 | 284 | | The (b) An enhanced driver's license or enhanced identification card may include radio frequency |
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285 | 285 | | identification technology that is limited to a randomly assigned number, which must be encrypted |
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286 | 286 | | if agreed to by the United States Department of Homeland Security and does not include biometric |
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287 | 287 | | data or any information other than the citizenship status of the license holder or cardholder. The |
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288 | 288 | | commissioner shall ensure that the radio frequency identification technology is secure from |
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289 | 289 | | unauthorized data access. An applicant must sign an acknowledgment of understanding of the radio |
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290 | 290 | | frequency identification technology and its use for the sole purpose of verifying United States |
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291 | 291 | | citizenship before being issued an enhanced driver's license or an enhanced identification card. |
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292 | 292 | | Laws 2017, chapter 76, section 17 |
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293 | 293 | | Sec. 17. Minnesota Statutes 2016, section 171.071, subdivision 3, is amended to read: |
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294 | 294 | | Subd. 3.Exception Limitations.Subdivision 1 applies only to a noncompliant license or |
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295 | 295 | | identification card. Subdivisions 1 and 2 do not apply to the commissioner's requirements pertaining |
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296 | 296 | | to a photograph or electronically produced image on an enhanced driver's license or an enhanced |
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297 | 297 | | identification card. |
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298 | 298 | | Laws 2017, chapter 76, section 18 |
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299 | 299 | | Sec. 18. Minnesota Statutes 2016, section 171.072, is amended to read: |
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300 | 300 | | 171.072 TRIBAL IDENTIFICATION CARD. |
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301 | 301 | | (a) If a Minnesota identification card is deemed an acceptable form of identification in Minnesota |
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302 | 302 | | Statutes or Rules, a tribal identification card is also an acceptable form of identification. A tribal |
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303 | 303 | | identification card is a primary document for purposes of Minnesota Rules, part 7410.0400, and |
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304 | 304 | | successor rules, when an applicant applies for a noncompliant license or identification card. |
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305 | 305 | | (b) For purposes of this section, "tribal identification card" means an unexpired identification |
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306 | 306 | | card issued by a Minnesota tribal government of a tribe recognized by the Bureau of Indian Affairs, |
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307 | 307 | | United States Department of the Interior, that contains the legal name, date of birth, signature, and |
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308 | 308 | | picture of the enrolled tribal member. |
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309 | 309 | | (c) The tribal identification card must contain security features that make it as impervious to |
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310 | 310 | | alteration as is reasonably practicable in its design and quality of material and technology. The |
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311 | 311 | | security features must use materials that are not readily available to the general public. The tribal |
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312 | 312 | | identification card must not be susceptible to reproduction by photocopying or simulation and must |
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313 | 313 | | be highly resistant to data or photograph substitution and other tampering. |
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314 | 314 | | (d) The requirements of this section do not apply to: (1) except as provided in paragraph (a), to |
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315 | 315 | | an application for a driver's license or Minnesota identification card under this chapter; or (2) to |
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316 | 316 | | tribal identification cards used to prove an individual's residence for purposes of section 201.061, |
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317 | 317 | | subdivision 3. |
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318 | 318 | | Laws 2017, chapter 76, section 19 |
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319 | 319 | | Sec. 19. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read: |
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320 | 320 | | Subd. 1a.Driver and vehicle services information system; security and auditing.(a) The |
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321 | 321 | | commissioner must establish written procedures to ensure that only individuals authorized by law |
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322 | 322 | | may enter, update, or access not public data collected, created, or maintained by the driver and |
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323 | 323 | | vehicle services information system. An authorized individual's ability to enter, update, or access |
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324 | 324 | | data in the system must correspond to the official duties or training level of the individual and to |
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325 | 325 | | the statutory authorization granting access for that purpose. All queries and responses, and all actions |
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326 | 326 | | in which data are entered, updated, accessed, shared, or disseminated, must be recorded in a data |
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327 | 327 | | audit trail. Data contained in the audit trail are public to the extent the data are not otherwise classified |
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328 | 328 | | by law. |
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329 | 329 | | (b) The commissioner must immediately and permanently revoke the authorization of any |
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330 | 330 | | individual who willfully entered, updated, accessed, shared, or disseminated data in violation of |
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331 | 331 | | state or federal law. If an individual willfully gained access to data without authorization by law, |
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332 | 332 | | the commissioner must forward the matter to the appropriate prosecuting authority for prosecution. |
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333 | 333 | | (c) The commissioner must arrange for an independent biennial audit of the driver and vehicle |
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334 | 334 | | services information system to determine whether data currently in the system are classified correctly, |
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335 | 335 | | 6R |
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336 | 336 | | APPENDIX |
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337 | 337 | | Repealed Minnesota Session Laws: 25-04493 how the data are used, and to verify compliance with this subdivision. The results of the audit are |
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338 | 338 | | public. No later than 30 days following completion of the audit, the commissioner must provide a |
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339 | 339 | | report summarizing the audit results to the commissioner of administration; the chairs and ranking |
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340 | 340 | | minority members of the committees of the house of representatives and the senate with jurisdiction |
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341 | 341 | | over transportation policy and finance, public safety, and data practices; and the Legislative |
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342 | 342 | | Commission on Data Practices and Personal Data Privacy. The report must be submitted as required |
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343 | 343 | | under section 3.195, except that printed copies are not required. |
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344 | 344 | | EFFECTIVE DATE.This section is effective on the date of implementation of the driver's |
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345 | 345 | | license portion of the Minnesota licensing and registration system. The commissioner shall notify |
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346 | 346 | | the revisor of statutes on the date of implementation. |
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347 | 347 | | Laws 2017, chapter 76, section 2 |
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348 | 348 | | Sec. 2. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to read: |
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349 | 349 | | Subd. 45b.REAL ID Act."REAL ID Act" means the REAL ID Act of 2005, Public Law |
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350 | 350 | | 109-13, Division B. |
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351 | 351 | | Laws 2017, chapter 76, section 20 |
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352 | 352 | | Sec. 20. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read: |
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353 | 353 | | Subd. 3c.Record retention; birth certificates.(a) If the procedures established by the |
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354 | 354 | | commissioner for driver's license or Minnesota identification card records include retention of a |
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355 | 355 | | physical copy or digital image of a birth certificate, the commissioner must: |
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356 | 356 | | (1) notify a driver's license or identification card applicant of the retention procedure; and |
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357 | 357 | | (2) allow the applicant, licensee, or identification cardholder to designate that the applicant, |
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358 | 358 | | licensee, or identification cardholder's birth certificate physical copy or digital image must not be |
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359 | 359 | | retained. |
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360 | 360 | | (b) The commissioner must not retain a birth certificate if directed by an applicant, licensee, or |
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361 | 361 | | identification cardholder under paragraph (a), clause (2), but must record and retain data on the |
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362 | 362 | | birth certificate required under Code of Federal Regulations, title 6, section 37.31(c). |
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363 | 363 | | Laws 2017, chapter 76, section 21 |
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364 | 364 | | Sec. 21. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read: |
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365 | 365 | | Subd. 7b.Data privacy; noncompliant license or identification card.(a) With respect to |
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366 | 366 | | noncompliant licenses or identification cards, the commissioner is prohibited from: |
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367 | 367 | | (1) electronically disseminating outside the state data that is not disseminated as of the effective |
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368 | 368 | | date of this act; or |
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369 | 369 | | (2) utilizing any electronic validation or verification system accessible from or maintained |
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370 | 370 | | outside of the state that is not in use as of the effective date of this act. |
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371 | 371 | | (b) The limitations in paragraph (a) do not apply to the extent necessary to maintain compliance |
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372 | 372 | | with the driver's license compact under section 171.50 and applicable federal law governing |
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373 | 373 | | commercial driver's licenses. |
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374 | 374 | | (c) For purposes of this subdivision, "outside the state" includes federal agencies, states other |
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375 | 375 | | than Minnesota, organizations operating under agreement among the states, and private entities. |
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376 | 376 | | Laws 2017, chapter 76, section 22 |
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377 | 377 | | Sec. 22. Minnesota Statutes 2016, section 171.12, is amended by adding a subdivision to read: |
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378 | 378 | | Subd. 7c.Other data provisions.(a) The commissioner must not share any data the department |
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379 | 379 | | maintains under section 171.07, subdivision 13, with any federal agency, federal department, or |
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380 | 380 | | federal entity for a use that would otherwise be permissible under United States Code, title 18, |
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381 | 381 | | section 2721, or other law. |
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382 | 382 | | (b) Data collected by government entities under sections 624.712 to 624.719 are classified under |
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383 | 383 | | section 13.87, subdivision 2. |
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384 | 384 | | Laws 2017, chapter 76, section 23 |
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385 | 385 | | 7R |
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386 | 386 | | APPENDIX |
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387 | 387 | | Repealed Minnesota Session Laws: 25-04493 Sec. 23. Minnesota Statutes 2016, section 171.27, is amended to read: |
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388 | 388 | | 171.27 EXPIRATION OF LICENSE; MILITARY EXCEPTION. |
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389 | 389 | | (a) Except as otherwise provided in this section, the expiration date for each driver's license, |
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390 | 390 | | other than under-21 licenses, is the birthday of the driver in the fourth year following the date of |
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391 | 391 | | issuance of the license. The birthday of the driver shall be as indicated on the application for a |
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392 | 392 | | driver's license. A license may be renewed on or before expiration or within one year after expiration |
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393 | 393 | | upon application, payment of the required fee, and passing the examination required of all drivers |
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394 | 394 | | for renewal. Driving privileges shall be extended or renewed on or preceding the expiration date |
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395 | 395 | | of an existing driver's license unless the commissioner believes that the licensee is no longer qualified |
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396 | 396 | | as a driver. |
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397 | 397 | | (b) The expiration date for each under-21 license shall be the 21st birthday of the licensee. Upon |
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398 | 398 | | the licensee attaining the age of 21 and upon the application, payment of the required fee, and |
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399 | 399 | | passing the examination required of all drivers for renewal, a driver's license shall be issued unless |
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400 | 400 | | the commissioner determines that the licensee is no longer qualified as a driver. |
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401 | 401 | | (c) The expiration date for each provisional license is two years after the date of application for |
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402 | 402 | | the provisional license. |
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403 | 403 | | (d) Notwithstanding paragraphs (a) to (c), the expiration date for a license issued to a person |
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404 | 404 | | with temporary lawful status is the last day of the person's legal stay in the United States, or one |
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405 | 405 | | year after issuance if the last day of the person's legal stay is not identified. |
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406 | 406 | | (d) (e) Any valid Minnesota driver's license issued to a person then or subsequently serving |
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407 | 407 | | outside Minnesota in active military service, as defined in section 190.05, subdivision 5, in any |
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408 | 408 | | branch or unit of the armed forces of the United States, or the person's spouse, shall continue in |
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409 | 409 | | full force and effect without requirement for renewal until the date one year following the service |
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410 | 410 | | member's separation or discharge from active military service, and until the license holder's birthday |
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411 | 411 | | in the fourth full year following the person's most recent license renewal or, in the case of a |
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412 | 412 | | provisional license, until the person's birthday in the third full year following the renewal. |
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413 | 413 | | Laws 2017, chapter 76, section 24 |
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414 | 414 | | Sec. 24. REAL ID ACT IMPLEMENTATION. |
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415 | 415 | | Subdivision 1.Definition.For purposes of this section, "REAL ID Act" means the REAL ID |
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416 | 416 | | Act of 2005, Public Law 109-13, Division B. |
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417 | 417 | | Subd. 2.Implementation; deadline.The commissioner of public safety must begin issuing |
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418 | 418 | | driver's licenses and Minnesota identification cards that fully comply with the REAL ID Act no |
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419 | 419 | | later than October 1, 2018. The commissioner must notify the following individuals and entities of |
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420 | 420 | | the specific full compliance implementation date: the chairs and ranking minority members of the |
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421 | 421 | | legislative committees with jurisdiction over transportation policy and finance, public safety, and |
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422 | 422 | | data practices; the revisor of statutes; and the Legislative Commission on Data Practices and Personal |
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423 | 423 | | Data Privacy. |
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424 | 424 | | Subd. 3.Mandatory reissuance prohibition.When implementing the REAL ID Act |
---|
425 | 425 | | requirements as provided in this act, the commissioner of public safety is prohibited from requiring |
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426 | 426 | | renewal or reissuance of a driver's license or Minnesota identification card earlier than required |
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427 | 427 | | under the regular issuance time period. Nothing in this subdivision prevents suspension, cancellation, |
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428 | 428 | | or revocation as provided in Minnesota Statutes, chapter 171. |
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429 | 429 | | Subd. 4.Early renewal and expiration date extension.(a) For purposes of this subdivision, |
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430 | 430 | | "federal full compliance date" means the date when full compliance with the REAL ID Act is |
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431 | 431 | | federally required and no extensions are in effect for federal acceptance of Minnesota-issued licenses |
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432 | 432 | | and identification cards for official purposes, as most recently specified by the United States |
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433 | 433 | | Department of Homeland Security under Code of Federal Regulations, title 6, part 37. |
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434 | 434 | | (b) For purposes of this subdivision, "eligible applicant" means an applicant for a REAL ID |
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435 | 435 | | compliant driver's license or identification card who: |
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436 | 436 | | (1) holds a valid Minnesota driver's license or Minnesota identification card that: |
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437 | 437 | | (i) was issued prior to the date Minnesota commenced issuing REAL ID compliant licenses and |
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438 | 438 | | Minnesota identification cards; and |
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439 | 439 | | (ii) either (A) has an expiration date that is after the federal full compliance date; or (B) does |
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440 | 440 | | not have an expiration date as provided under Minnesota Statutes, section 171.07, subdivision 4; |
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441 | 441 | | 8R |
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442 | 442 | | APPENDIX |
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443 | 443 | | Repealed Minnesota Session Laws: 25-04493 (2) submits the license or identification card application no later than one year following the |
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444 | 444 | | federal full compliance date; and |
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445 | 445 | | (3) is otherwise eligible to obtain the license or identification card under Minnesota Statutes, |
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446 | 446 | | chapter 171. |
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447 | 447 | | (c) For the first instance of issuing a REAL ID compliant driver's license, the expiration date |
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448 | 448 | | is the birthday of the applicant in the fourth year following the date that the driver's license would |
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449 | 449 | | otherwise expire absent this subdivision, notwithstanding the requirements of Minnesota Statutes, |
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450 | 450 | | section 171.27, paragraph (a). |
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451 | 451 | | (d) For the first instance of issuing a REAL ID compliant identification card, the expiration |
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452 | 452 | | date is the birthday of the applicant in the fourth year following the date that the identification card |
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453 | 453 | | would otherwise expire absent this subdivision, notwithstanding the requirements of Minnesota |
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454 | 454 | | Statutes, section 171.07, subdivision 4, paragraph (a). |
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455 | 455 | | (e) A surcharge is imposed for early renewal under this subdivision. The surcharge is in addition |
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456 | 456 | | to the fees and surcharges under Minnesota Statutes, sections 171.06, subdivision 2; 171.061, |
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457 | 457 | | subdivision 4; and 171.07, subdivisions 3 and 3a; or other law. The surcharge is calculated based |
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458 | 458 | | on the length of time otherwise remaining absent this subdivision until expiration of the driver's |
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459 | 459 | | license or identification card, as follows: |
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460 | 460 | | (1) $2 for a current expiration date of no more than 17 months from the date of application |
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461 | 461 | | under this subdivision; |
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462 | 462 | | (2) $4 for a current expiration date of 18 months to no more than 29 months; and |
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463 | 463 | | (3) $6 for a current expiration date of more than 29 months. |
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464 | 464 | | (f) This subdivision does not apply to: |
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465 | 465 | | (1) issuance of a new driver's license or Minnesota identification card; |
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466 | 466 | | (2) issuance or renewal of a noncompliant license or identification card, as defined in Minnesota |
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467 | 467 | | Statutes, section 171.01, subdivision 41a; |
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468 | 468 | | (3) issuance or renewal of an enhanced driver's license or enhanced identification card; |
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469 | 469 | | (4) reinstatement of a canceled, suspended, or revoked license; |
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470 | 470 | | (5) a driver's license subject to expiration under Minnesota Statutes, section 171.27, paragraphs |
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471 | 471 | | (b) to (d); or |
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472 | 472 | | (6) a Minnesota identification card subject to expiration under Minnesota Statutes, section |
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473 | 473 | | 171.07, subdivision 4, paragraphs (b) to (e). |
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474 | 474 | | Laws 2017, chapter 76, section 25 |
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475 | 475 | | Sec. 25. REVISOR'S INSTRUCTION. |
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476 | 476 | | The revisor of statutes shall renumber Minnesota Statutes, section 171.06, subdivision 3, |
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477 | 477 | | paragraphs (d) and (e), as Minnesota Statutes, section 171.06, subdivision 3b, paragraphs (d) and |
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478 | 478 | | (e). The revisor shall also make any necessary cross-reference changes consistent with the |
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479 | 479 | | renumbering. |
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480 | 480 | | Laws 2017, chapter 76, section 26 |
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481 | 481 | | Sec. 26. APPROPRIATION. |
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482 | 482 | | $3,270,000 in fiscal year 2019 is appropriated from the driver services operating account in the |
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483 | 483 | | special revenue fund to the commissioner of public safety for implementation and conformity with |
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484 | 484 | | the requirements of the REAL ID Act of 2005, Public Law 109-13, Division B, as provided under |
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485 | 485 | | this act. This is a onetime appropriation. |
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486 | 486 | | Laws 2017, chapter 76, section 27 |
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487 | 487 | | Sec. 27. CONTINGENT REPEALER. |
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488 | 488 | | If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed or if the definition of |
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489 | 489 | | "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, the provisions of |
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490 | 490 | | this act become null and void on June 30 of the following year. On June 30 in the year after the |
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491 | 491 | | repeal or amendment, the commissioner of the Department of Public Safety must stop issuing REAL |
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492 | 492 | | 9R |
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493 | 493 | | APPENDIX |
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494 | 494 | | Repealed Minnesota Session Laws: 25-04493 ID compliant driver's licenses and identification cards. Within 90 days of the federal repeal or |
---|
495 | 495 | | amendment, the commissioner must submit a report, including proposed legislative changes, to |
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496 | 496 | | repeal all aspects of this act to the chairs and ranking minority members of the legislative committees |
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497 | 497 | | with jurisdiction over transportation policy and finance, public safety, and data practices; the revisor |
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498 | 498 | | of statutes; and the Legislative Commission on Data Practices and Personal Data Privacy. |
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499 | 499 | | Laws 2017, chapter 76, section 28 |
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500 | 500 | | Sec. 28. REPEALER. |
---|
501 | 501 | | Laws 2009, chapter 92, section 1, as amended by Laws 2016, chapter 83, section 1, is repealed. |
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502 | 502 | | Laws 2017, chapter 76, section 29 |
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503 | 503 | | Sec. 29. EFFECTIVE DATE. |
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504 | 504 | | Except as specifically provided otherwise, this act is effective the day following final enactment. |
---|
505 | 505 | | Sections 1 to 24 apply for application and issuance of driver's licenses and Minnesota identification |
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506 | 506 | | cards on and after the full compliance implementation date under section 24, subdivision 2. |
---|
507 | 507 | | Laws 2017, chapter 76, section 3 |
---|
508 | 508 | | Sec. 3. Minnesota Statutes 2016, section 171.01, is amended by adding a subdivision to read: |
---|
509 | 509 | | Subd. 48b.Temporary lawful status."Temporary lawful status" has the meaning given in |
---|
510 | 510 | | Code of Federal Regulations, title 6, section 37.3. |
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511 | 511 | | Laws 2017, chapter 76, section 4 |
---|
512 | 512 | | Sec. 4. Minnesota Statutes 2016, section 171.017, is amended to read: |
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513 | 513 | | 171.017 BACKGROUND INVESTIGATIONS; DEPARTMENT DRIVER'S LICENSE |
---|
514 | 514 | | AGENTS AND CERTAIN EMPLOYEES. |
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515 | 515 | | Subdivision 1.Background checks authorized.The commissioner shall must investigate the |
---|
516 | 516 | | criminal history background of any driver's license agent and any current or prospective employees |
---|
517 | 517 | | of the department or driver's license agent being considered for any position with the department |
---|
518 | 518 | | that has or will have the ability to: |
---|
519 | 519 | | (1) the ability to create or modify records of applicants for identification cards and driver's |
---|
520 | 520 | | licenses, including enhanced drivers' driver's licenses under section 171.01, subdivision 31a, or and |
---|
521 | 521 | | enhanced identification cards under section 171.01, subdivision 31b; |
---|
522 | 522 | | (2) the ability to issue enhanced drivers' driver's licenses under section 171.01, subdivision 31a, |
---|
523 | 523 | | or enhanced identification cards under section 171.01, subdivision 31b; or |
---|
524 | 524 | | (3) the ability to administer knowledge or skills tests under section 171.13 to an applicant for |
---|
525 | 525 | | a commercial driver's license. |
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526 | 526 | | Subd. 2.Procedure.(a) The commissioner must request a criminal history background check |
---|
527 | 527 | | from the superintendent of the Bureau of Criminal Apprehension on all individuals specified in |
---|
528 | 528 | | subdivision 1. A request under this section must be accompanied by an executed criminal history |
---|
529 | 529 | | consent form, including fingerprints, signed by the agent or the current or prospective employee |
---|
530 | 530 | | being investigated. |
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531 | 531 | | (b) After receiving a request under paragraph (a), the superintendent of the Bureau of Criminal |
---|
532 | 532 | | Apprehension shall perform the background check required under subdivision 1. The superintendent |
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533 | 533 | | shall retrieve criminal history data as defined in section 13.87, conduct a search of the national |
---|
534 | 534 | | criminal records repository, and provide wants and warrant information from federal and state |
---|
535 | 535 | | repositories. The superintendent is authorized to exchange fingerprints with the Federal Bureau of |
---|
536 | 536 | | Investigation for purposes of the criminal history check. The superintendent shall return the results |
---|
537 | 537 | | of the background checks to the commissioner to determine whether: |
---|
538 | 538 | | (1) the agent, employee, or applicant for employment specified in subdivision 1, clause (1) or |
---|
539 | 539 | | (2), has committed a disqualifying crime under Code of Federal Regulations, title 49, section |
---|
540 | 540 | | 1572.103; or |
---|
541 | 541 | | (2) the employee or applicant for employment specified in subdivision 1, clause (3), has a |
---|
542 | 542 | | conviction of the type specified by Code of Federal Regulations, title 49, section 384.228(j). |
---|
543 | 543 | | 10R |
---|
544 | 544 | | APPENDIX |
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545 | 545 | | Repealed Minnesota Session Laws: 25-04493 (c) The superintendent shall recover the cost to the bureau of a bureau's background check cost |
---|
546 | 546 | | for the person on whom the background check is performed through a fee charged to the |
---|
547 | 547 | | commissioner or the driver's license agent who requested the background check. |
---|
548 | 548 | | Subd. 3.Notification by other criminal justice agencies.Criminal justice agencies, as defined |
---|
549 | 549 | | by section 13.02, subdivision 3a, shall provide the commissioner with information they possess |
---|
550 | 550 | | and that the commissioner requires for the purposes of determining the employment suitability of |
---|
551 | 551 | | current or prospective employees subject to this section. |
---|
552 | 552 | | Subd. 4.Annual background checks in certain instances.Consistent with Code of Federal |
---|
553 | 553 | | Regulations, title 49, section 384.228, the commissioner shall request and the superintendent shall |
---|
554 | 554 | | conduct annual background checks for the department employees specified in subdivision 1, clause |
---|
555 | 555 | | (3). Annual background checks under this subdivision shall must be performed in a manner consistent |
---|
556 | 556 | | with subdivisions 2 and 3. |
---|
557 | 557 | | Laws 2017, chapter 76, section 5 |
---|
558 | 558 | | Sec. 5. [171.019] REAL ID ACT CONFORMITY; LIMITATIONS. |
---|
559 | 559 | | Subdivision 1.Definition.For purposes of this section, "federal change" means a modification |
---|
560 | 560 | | or addition to REAL ID Act requirements, made by the federal government after the effective date |
---|
561 | 561 | | of this act, with respect to: legal requirements; processes; policies and procedures; or data collection, |
---|
562 | 562 | | storage, and dissemination. Federal change includes but is not limited to a modification: |
---|
563 | 563 | | (1) in what constitutes an official purpose under Code of Federal Regulations, title 6, part 37; |
---|
564 | 564 | | (2) in the machine-readable technology standards for a license or Minnesota identification card; |
---|
565 | 565 | | (3) in the information provided on the face of the license or Minnesota identification card; |
---|
566 | 566 | | (4) that relates to dissemination of state-provided data to or among federal agencies, other states, |
---|
567 | 567 | | organizations operating under agreement among the states, or private entities; or |
---|
568 | 568 | | (5) that imposes an identifiable cost for the state of Minnesota. |
---|
569 | 569 | | Subd. 2.License and Minnesota identification card options.(a) The commissioner must |
---|
570 | 570 | | establish a license and a Minnesota identification card that meets the requirements of the REAL |
---|
571 | 571 | | ID Act, including but not limited to documentation requirements, administrative processes, electronic |
---|
572 | 572 | | validation or verification of data, and card design and marking, as provided under this chapter. |
---|
573 | 573 | | (b) The commissioner must establish a license and Minnesota identification card that: |
---|
574 | 574 | | (1) is not acceptable for federal identification under the REAL ID Act, but complies with Code |
---|
575 | 575 | | of Federal Regulations, title 6, section 37.71; and |
---|
576 | 576 | | (2) meets the requirements under this chapter, including but not limited to section 171.12, |
---|
577 | 577 | | subdivision 7b. |
---|
578 | 578 | | (c) The commissioner must establish an enhanced driver's license or enhanced identification |
---|
579 | 579 | | card as provided in this chapter. |
---|
580 | 580 | | Subd. 3.Limitations.Compliance under subdivision 2, paragraph (a), is limited to those |
---|
581 | 581 | | requirements of the REAL ID Act and any rules or regulations promulgated pursuant to the REAL |
---|
582 | 582 | | ID Act in effect as of the effective date of this act. The commissioner may not take any action to |
---|
583 | 583 | | implement or meet the requirements of a federal change. |
---|
584 | 584 | | Subd. 4.Legislative notification.(a) Upon identification of an impending or completed federal |
---|
585 | 585 | | change, the commissioner must notify the chairs and ranking minority members of the legislative |
---|
586 | 586 | | committees having jurisdiction over transportation policy and finance, public safety, and data |
---|
587 | 587 | | practices, and the Legislative Commission on Data Practices and Personal Data Privacy. Notification |
---|
588 | 588 | | must be submitted as required under section 3.195, except that printed copies are not required. |
---|
589 | 589 | | (b) Notification under this subdivision must include a review of the federal change, an initial |
---|
590 | 590 | | analysis of data practices impacts, and any preliminary estimates of implementation costs, including |
---|
591 | 591 | | the availability of additional federal funds. |
---|
592 | 592 | | Subd. 5.Statutory construction.(a) Unless specifically provided otherwise, a driver's license, |
---|
593 | 593 | | instruction permit, or provisional license includes any noncompliant license. Unless specifically |
---|
594 | 594 | | provided otherwise, a Minnesota identification card includes any noncompliant identification card. |
---|
595 | 595 | | 11R |
---|
596 | 596 | | APPENDIX |
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597 | 597 | | Repealed Minnesota Session Laws: 25-04493 (b) A noncompliant license does not include an enhanced driver's license, and a noncompliant |
---|
598 | 598 | | identification card does not include an enhanced identification card. |
---|
599 | 599 | | Laws 2017, chapter 76, section 6 |
---|
600 | 600 | | Sec. 6. Minnesota Statutes 2016, section 171.04, is amended by adding a subdivision to read: |
---|
601 | 601 | | Subd. 5.Temporary lawful admission.The commissioner is prohibited from issuing a driver's |
---|
602 | 602 | | license or Minnesota identification card to an applicant whose lawful temporary admission period, |
---|
603 | 603 | | as demonstrated under section 171.06, subdivision 3, paragraph (b), expires within 30 days of the |
---|
604 | 604 | | date of the application. |
---|
605 | 605 | | Laws 2017, chapter 76, section 7 |
---|
606 | 606 | | Sec. 7. Minnesota Statutes 2016, section 171.06, subdivision 1, is amended to read: |
---|
607 | 607 | | Subdivision 1.Forms of Application format and requirements.Every application for a |
---|
608 | 608 | | Minnesota identification card, for including an enhanced identification card, or for a driver's license |
---|
609 | 609 | | including for an instruction permit, for a provisional license, for a driver's license, or for and an |
---|
610 | 610 | | enhanced driver's license, must be made in a format approved by the department, and. Every |
---|
611 | 611 | | application must be accompanied by payment of the proper fee. All first-time applications and |
---|
612 | 612 | | change-of-status applications must be signed in the presence of the person authorized to accept the |
---|
613 | 613 | | application, or the signature on the application may be verified by a notary public. All applicants |
---|
614 | 614 | | must sign the application and declare, under penalty of perjury, that the information and |
---|
615 | 615 | | documentation presented in the application is true and correct. All applications requiring evidence |
---|
616 | 616 | | of legal presence in the United States or United States citizenship must be signed in the presence |
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617 | 617 | | of the person authorized to accept the application, or the signature on the application may be verified |
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618 | 618 | | by a notary public. |
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619 | 619 | | Laws 2017, chapter 76, section 8 |
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620 | 620 | | Sec. 8. Minnesota Statutes 2016, section 171.06, subdivision 2, is amended to read: |
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621 | 621 | | Subd. 2.Fees.(a) The fees for a license and Minnesota identification card are as follows: |
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622 | 622 | | A-$36.25B-$28.25C-$21.25D-$17.25 |
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623 | 623 | | REAL ID Compliant or |
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624 | 624 | | Noncompliant Classified |
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625 | 625 | | Driver's License |
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626 | 626 | | A-$16.25B-$28.25C-$21.25D-$17.25 |
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627 | 627 | | REAL ID Compliant or |
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628 | 628 | | Noncompliant Classified |
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629 | 629 | | Under-21 D.L. |
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630 | 630 | | A-$51.25B-$43.25C-$36.25D-$32.25Enhanced Driver's License |
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631 | 631 | | $5.25 |
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632 | 632 | | REAL ID Compliant or |
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633 | 633 | | Noncompliant Instruction |
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634 | 634 | | Permit |
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635 | 635 | | $20.25Enhanced Instruction Permit |
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636 | 636 | | $2.50Commercial Learner's Permit |
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637 | 637 | | $8.25 |
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638 | 638 | | REAL ID Compliant or |
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639 | 639 | | Noncompliant Provisional |
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640 | 640 | | License |
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641 | 641 | | $23.25Enhanced Provisional License |
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642 | 642 | | $6.75 |
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643 | 643 | | Duplicate REAL ID |
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644 | 644 | | Compliant or Noncompliant |
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645 | 645 | | License or duplicate REAL |
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646 | 646 | | ID Compliant or |
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647 | 647 | | Noncompliant identification |
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648 | 648 | | card |
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649 | 649 | | $21.75 |
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650 | 650 | | Enhanced Duplicate License |
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651 | 651 | | or enhanced duplicate |
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652 | 652 | | identification card |
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653 | 653 | | 12R |
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654 | 654 | | APPENDIX |
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655 | 655 | | Repealed Minnesota Session Laws: 25-04493 $11.25 |
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656 | 656 | | REAL ID Compliant or |
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657 | 657 | | Noncompliant Minnesota |
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658 | 658 | | identification card or REAL |
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659 | 659 | | ID Compliant or |
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660 | 660 | | Noncompliant Under-21 |
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661 | 661 | | Minnesota identification card, |
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662 | 662 | | other than duplicate, except |
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663 | 663 | | as otherwise provided in |
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664 | 664 | | section 171.07, subdivisions |
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665 | 665 | | 3 and 3a |
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666 | 666 | | $26.25 |
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667 | 667 | | Enhanced Minnesota |
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668 | 668 | | identification card |
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669 | 669 | | In addition to each fee required in this paragraph, the commissioner shall collect a surcharge of: |
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670 | 670 | | (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30, 2016. Surcharges collected |
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671 | 671 | | under this paragraph must be credited to the driver and vehicle services technology account in the |
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672 | 672 | | special revenue fund under section 299A.705. |
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673 | 673 | | (b) Notwithstanding paragraph (a), an individual who holds a provisional license and has a |
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674 | 674 | | driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 169A.35, or |
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675 | 675 | | sections 169A.50 to 169A.53, (2) convictions for crash-related moving violations, and (3) convictions |
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676 | 676 | | for moving violations that are not crash related, shall have a $3.50 credit toward the fee for any |
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677 | 677 | | classified under-21 driver's license. "Moving violation" has the meaning given it in section 171.04, |
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678 | 678 | | subdivision 1. |
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679 | 679 | | (c) In addition to the driver's license fee required under paragraph (a), the commissioner shall |
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680 | 680 | | collect an additional $4 processing fee from each new applicant or individual renewing a license |
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681 | 681 | | with a school bus endorsement to cover the costs for processing an applicant's initial and biennial |
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682 | 682 | | physical examination certificate. The department shall not charge these applicants any other fee to |
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683 | 683 | | receive or renew the endorsement. |
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684 | 684 | | (d) In addition to the fee required under paragraph (a), a driver's license agent may charge and |
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685 | 685 | | retain a filing fee as provided under section 171.061, subdivision 4. |
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686 | 686 | | (e) In addition to the fee required under paragraph (a), the commissioner shall charge a filing |
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687 | 687 | | fee at the same amount as a driver's license agent under section 171.061, subdivision 4. Revenue |
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688 | 688 | | collected under this paragraph must be deposited in the driver services operating account. |
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689 | 689 | | (f) An application for a Minnesota identification card, instruction permit, provisional license, |
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690 | 690 | | or driver's license, including an application for renewal, must contain a provision that allows the |
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691 | 691 | | applicant to add to the fee under paragraph (a), a $2 donation for the purposes of public information |
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692 | 692 | | and education on anatomical gifts under section 171.075. |
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693 | 693 | | Laws 2017, chapter 76, section 9 |
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694 | 694 | | Sec. 9. Minnesota Statutes 2016, section 171.06, subdivision 3, is amended to read: |
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695 | 695 | | Subd. 3.Contents of application; other information.(a) An application must: |
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696 | 696 | | (1) state the full name, date of birth, sex, and either (i) the residence address of the applicant, |
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697 | 697 | | or (ii) designated address under section 5B.05; |
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698 | 698 | | (2) as may be required by the commissioner, contain a description of the applicant and any other |
---|
699 | 699 | | facts pertaining to the applicant, the applicant's driving privileges, and the applicant's ability to |
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700 | 700 | | operate a motor vehicle with safety; |
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701 | 701 | | (3) state: |
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702 | 702 | | (i) the applicant's Social Security number; or |
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703 | 703 | | (ii) if the applicant does not have a Social Security number and is applying for a Minnesota |
---|
704 | 704 | | identification card, instruction permit, or class D provisional or driver's license, that the applicant |
---|
705 | 705 | | certifies that the applicant does not have is not eligible for a Social Security number; |
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706 | 706 | | (4) in the case of an application for an enhanced driver's license or enhanced identification card, |
---|
707 | 707 | | present: |
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708 | 708 | | 13R |
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709 | 709 | | APPENDIX |
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710 | 710 | | Repealed Minnesota Session Laws: 25-04493 (i) proof satisfactory to the commissioner of the applicant's full legal name, United States |
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711 | 711 | | citizenship, identity, date of birth, Social Security number, and residence address; and |
---|
712 | 712 | | (ii) a photographic identity document; |
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713 | 713 | | (5) contain a space where the applicant may indicate a desire to make an anatomical gift according |
---|
714 | 714 | | to paragraph (b); |
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715 | 715 | | (6) (4) contain a notification to the applicant of the availability of a living will/health care |
---|
716 | 716 | | directive designation on the license under section 171.07, subdivision 7; and |
---|
717 | 717 | | (7) (5) contain a space spaces where the applicant may: |
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718 | 718 | | (i) request a veteran designation on the license under section 171.07, subdivision 15, and the |
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719 | 719 | | driving record under section 171.12, subdivision 5a; |
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720 | 720 | | (ii) indicate a desire to make an anatomical gift under paragraph (d); and |
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721 | 721 | | (iii) as applicable, designate document retention as provided under section 171.12, subdivision |
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722 | 722 | | 3c. |
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723 | 723 | | (b) Applications must be accompanied by satisfactory evidence demonstrating: |
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724 | 724 | | (1) identity, date of birth, and any legal name change if applicable; and |
---|
725 | 725 | | (2) for driver's licenses and Minnesota identification cards that meet all requirements of the |
---|
726 | 726 | | REAL ID Act: |
---|
727 | 727 | | (i) principal residence address in Minnesota, including application for a change of address, |
---|
728 | 728 | | unless the applicant provides a designated address under section 5B.05; |
---|
729 | 729 | | (ii) Social Security number, or related documentation as applicable; and |
---|
730 | 730 | | (iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3. |
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731 | 731 | | (c) An application for an enhanced driver's license or enhanced identification card must be |
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732 | 732 | | accompanied by: |
---|
733 | 733 | | (1) satisfactory evidence demonstrating the applicant's full legal name and United States |
---|
734 | 734 | | citizenship; and |
---|
735 | 735 | | (2) a photographic identity document. |
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736 | 736 | | (b) (d) If the applicant does not indicate a desire to make an anatomical gift when the application |
---|
737 | 737 | | is made, the applicant must be offered a donor document in accordance with section 171.07, |
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738 | 738 | | subdivision 5. The application must contain statements sufficient to comply with the requirements |
---|
739 | 739 | | of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 525A, so that execution of |
---|
740 | 740 | | the application or donor document will make the anatomical gift as provided in section 171.07, |
---|
741 | 741 | | subdivision 5, for those indicating a desire to make an anatomical gift. The application must be |
---|
742 | 742 | | accompanied by information describing Minnesota laws regarding anatomical gifts and the need |
---|
743 | 743 | | for and benefits of anatomical gifts, and the legal implications of making an anatomical gift, including |
---|
744 | 744 | | the law governing revocation of anatomical gifts. The commissioner shall distribute a notice that |
---|
745 | 745 | | must accompany all applications for and renewals of a driver's license or Minnesota identification |
---|
746 | 746 | | card. The notice must be prepared in conjunction with a Minnesota organ procurement organization |
---|
747 | 747 | | that is certified by the federal Department of Health and Human Services and must include: |
---|
748 | 748 | | (1) a statement that provides a fair and reasonable description of the organ donation process, |
---|
749 | 749 | | the care of the donor body after death, and the importance of informing family members of the |
---|
750 | 750 | | donation decision; and |
---|
751 | 751 | | (2) a telephone number in a certified Minnesota organ procurement organization that may be |
---|
752 | 752 | | called with respect to questions regarding anatomical gifts. |
---|
753 | 753 | | (c) (e) The application must be accompanied also by information containing relevant facts |
---|
754 | 754 | | relating to: |
---|
755 | 755 | | (1) the effect of alcohol on driving ability; |
---|
756 | 756 | | (2) the effect of mixing alcohol with drugs; |
---|
757 | 757 | | (3) the laws of Minnesota relating to operation of a motor vehicle while under the influence of |
---|
758 | 758 | | alcohol or a controlled substance; and |
---|
759 | 759 | | 14R |
---|
760 | 760 | | APPENDIX |
---|
761 | 761 | | Repealed Minnesota Session Laws: 25-04493 (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests for |
---|
762 | 762 | | alcohol-related violations. |
---|
763 | 763 | | 15R |
---|
764 | 764 | | APPENDIX |
---|
765 | 765 | | Repealed Minnesota Session Laws: 25-04493 |
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