Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Tom Bottern
Director
   Senate   
State of Minnesota
 
 
 
 
 
H.F. No. 3 - REAL ID (3rd Unofficial Engrossment)
 
Author: Senator Eric R. Pratt
 
Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)
 
Date: March 31, 2017



 

H.F. No. 3 requires state implementation of the federal REAL ID requirements. Under this bill the state would begin to issue REAL ID compliant drivers’ licenses and state identification cards no later than October 1, 2018.  The state would also issue noncompliant drivers’ licenses, state identification cards, enhanced drivers’ licenses, and enhanced identification cards.

Section 1.  Noncompliant license; noncompliant identification card. Noncompliant drivers’ licenses and identification cards as defined as not meeting federal REAL ID requirements.

Section 2.  REAL ID Act. Defines “REAL ID Act” by referencing the federal law.

Section 3.  Temporary lawful status. Defines “temporary lawful status,” by cross-reference to federal rules, as “A person in temporary lawful status is a person who: has a valid nonimmigrant status in the United States; has a pending application for asylum in the United States; has a pending or approved application for temporary protected status (TPS) in the United States; has approved deferred action status; or has a pending application for [lawful permanent residence (LPR)] or conditional permanent resident status.”

Section 4.  Background investigations; driver’s license agents and certain employees. The commissioner of public safety must conduct criminal background checks on driver’s license agents in addition to current and prospective employees. The superintendent of the Bureau of Criminal Apprehension recovers the bureau’s cost by a fee charged to the commissioner or agent who requested the check.

Section 5.  REAL ID Act conformity; limitations. Provides for implementation of federal requirements and places limitations on what the state may do.

Subdivision 1.  Definition. “Federal change” is defined as a change to REAL ID Act requirements made by the federal government with respect to legal requirements, processes, policies, procedures, or data collection, storage, and dissemination.

Subdivision 2.  License and Minnesota identification card options. Provides three license or  identification card options:  (1)  REAL ID compliant; (2) noncompliant; and (3) enhanced.

Subdivision 3.  Limitations. Compliance with the federal REAL ID requirements is limited to the requirements in effect on the effective date of the bill.

Subdivision 4.  Legislative notification. The commissioner must notify the legislature and the Legislative Commission on Data Practices and Personal Data Privacy upon identifying an impending or completed federal change.

Subdivision 5.  Statutory construction. Unless otherwise provided, references drivers’ licenses, instruction permits, provisional licenses, and identification cards include noncompliant licenses and cards for those same purposes. A noncompliant driver’s license or identification card does not include an enhanced license or card. 

Section 6.  Temporary lawful admission. The commissioner of public safety is prohibited from issuing a driver’s license or identification card to an applicant whose lawful temporary admission period expires within 30 days of the application.  

Section 7.  Application format and requirements. All applicants, not just first-time or change-of-status applicants, must sign the application and declare that the information and documentation is true and correct.

Section 8.  Fees. The fee for a driver’s license, instruction permit, provisional license, or identification card are the same for compliant and noncompliant licenses and cards.

Section 9.  Contents of application; other information. Information required on the application for a driver’s license, permit, or identification card is reorganized.  New requirements relating to REAL ID are added.  Each application must include a space for the applicant to designate document retention as provided in Section 20. All applications be accompanied by evidence demonstrating:  the applicant’s identity, date of birth, and any name changes.  For REAL ID compliant drivers’ licenses or cards, the application must also include evidence of principal address in Minnesota, Social Security number, and lawful status, as defined by federal law.  

Section 10.  Information for applicants.  The commissioner of public safety must develop summary information on identity document options.  The summary must, at a minimum, identify:  each type of driver’s license and identification card; the purpose and limitations on use for each type of license and card; an overview of data shared outside of the state; a statement that a REAL ID compliant license or card is not mandatory; and a website where more information can be found. Renewal notifications must include the website and physical address where more information may be obtained. An applicant for a noncompliant driver’s license or identification card must sign an acknowledgement that he or she understand the limitations on the use of the license or card.

Section 11.  Evidence of identity and lawful presence. For purposes of REAL ID compliance licenses and cards, sets forth documents to provide identity, date of birth, lawful status, Social Security number, and residence in Minnesota.

Subdivision 1.  Scope and application. The requirements in this section only apply to REAL ID compliant drivers’ licenses and identification cards.

Subdivision 2.  Evidence; identity; date of birth. Provides an exclusive list of documents that may be used to prove an applicant’s identity and date of birth.

Subdivision 3.  Evidence; lawful status.  Only the documents in subdivision 2 may be used to prove an applicant’s lawful status.

Subdivision 4.  Evidence; Social Security number. Provides an exclusive list of documents that may be used to prove an applicant’s Social Security number.

Subdivision 5.  Evidence; residence in Minnesota. Provides an exclusive list of documents that may be used to prove an applicant’s residence in Minnesota. The documents presented must include the applicant’s name and Minnesota address.

Subdivision 6.  Exceptions process. Allows the commissioner of public safety to grant a variance from the document requirements for specified purposes. The commissioner is prohibited from granting a variance for applicants with a lawful temporary admission period.

Section 12.  Application.  A person may apply to any driver's license agent for a noncompliant, REAL ID-compliant, or enhanced license.

Section 13.  License; contents and design.  Provisions on security features are removed and are replaced with provisions in Section 16.  A REAL ID compliant driver’s license must include a distinguishing indicator that shows compliance. A noncompliant driver’s license must be marked “not for federal identification” and have a unique design or color.  A driver’s license issued to a person with temporary lawful status must be marked “temporary.” A license must display the licensee’s full name.

Section 14.  Identification card; content and design; fee.  A REAL ID compliant identification card must include a distinguishing indicator that shows compliance.  A noncompliant identification card must be marked “not for federal identification” and have a unique design or color.  An identification card issued to a person with temporary lawful status must be marked “temporary.” An identification card must display the licensee’s full name.

Section 15.  Identification card expiration. A REAL ID compliant identification card issued to someone 65 or older expires 8 years after issuance. An identification card issued to a person with temporary lawful status expires on the last day of the person’s legal stay.  Other identification card expiration provisions remain unchanged.

Section 16.  Security features.  All drivers’ licenses and identity cards must include security measures to prevent forgery, alteration, reproduction, counterfeiting; facilitate detection of fraud; prohibit the ability to superimpose a photo or image.

Section 17.  Limitations.  Provisions allowing a person to object to the use of a photo on a driver’s license or identification card only apply to noncompliant licenses and cards.

Section 18.  Tribal identification card.  A tribal identification card is a primary document documenting proof of name, date of birth, and identity only when applying for a noncompliant driver’s license or identification card. A tribal identification card cannot be used as proof of name, date of birth, or identity when applying for a REAL ID compliant driver’s license or identity card.

Section 19.  Driver and vehicle services information system; security and auditing. Establishes requirements for use of and access to the driver and vehicle services information system, including:  procedures to limit authorized access and use; mandatory data audit trails; revocation of access upon law violations; and independent biennial auditing with reporting to the legislature.  This section is effective when the driver’s license portion of the Minnesota licensing and registration system (MNLARS) is implemented.

Section 20.  Record retention; birth certificates. If procedures for drivers’ licenses or identification cards include retention of a physical copy or digital image of a birth certificate, the commissioner must notify applicants of the retention procedure and allow the applicant to designate that a copy must not be retained.  If a copy of a birth certificate is not retained, the data from the birth certificate must be recorded.

Section 21.  Data privacy; noncompliance license or identification card.  The commissioner of public safety is prohibited from sharing data on noncompliant driver’s license or identification card holders outside of the state or using validation or verification systems accessible from outside of the state that is not already in use on the effective date. These limitations do not apply to the extent necessary to maintain compliance with the driver’s license compact and applicable federal laws.

Section 22. Other data provisions.  The commissioner of public safety is prohibited from sharing firearm safety data maintained by the department with the federal government firearm data collected by government entities is private under the Minnesota Government Data Practices Act.

Section 23.  Expiration of license, military exception. A driver’s license issued to a person with temporary lawful status is the last day of the person’s legal stay.  All other driver's license expiration provisions remain the same.

Section 24.  REAL ID Act Implementation.  Establishes requirements and authority on REAL ID Act implementation, including an implementation date of no later than October 1, 2018.

Subdivision 1.  Definition. Defines “REAL ID Act” by referencing the federal law.

Subdivision 2.  Implementation; deadline. The commissioner of public safety must begin issuing REAL ID compliant drivers’ licenses and identification cards no later than October 1, 2018. The commissioner must notify the legislature, the revisor of statutes, and the Legislative Commission on Data Practices and Personal Data Privacy on full compliance.

Subdivision 3.  Mandatory reissuance prohibition. The commissioner is prohibited from requiring renewal or reissuance of a driver’s license or identification card earlier than the regular issuance time period.

Subdivision 4.  Optional early reissuance and expiration date extension. Eligible applicants who submit a renewal application for a REAL ID-compliant driver’s license or identification card will have their next renewal date extended by two years. An eligible applicant is an applicant for a REAL ID-compliant driver’s license or identification card who: 1) holds a valid driver’s license or identification card that was issued prior to REAL-ID compliant cards becoming available and expires after the date when only fully compliant REAL ID cards are accepted; 2) submits the application no later than October 31, 2020; and 3) is otherwise eligible to obtain the card. 

Section 25.  Revisor’s instructions. The revisor must renumber specific sections and change necessary cross-references.

Section 26.  Appropriation.  $3,270,000 in fiscal year 2019 is appropriated from the driver services operating account in the special revenue fund to the commissioner of public safety for implementing this act. This is a onetime appropriation.

Section 27.  Contingent repealer.  If the federal REAL ID Act is repealed or if the federal definition of "official purpose" is changed, the provisions of this act become null and void on June 30 of the following year and the commissioner must stop issuing REAL ID-compliant drivers' licenses and identification cards.  Within 90 days of the federal action, the commissioner must report to the legislature on the legislative changes necessary to repeal this act.   

Section 28.  Repealer. The prohibition on implementation of the REAL ID Act is repealed.

Section 29.  Effective date.  This act is effective the day following final enactment.

ACS/sc

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 03/31/2017
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn