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S.F. No. 3589 - Implementing Requirements of the Federal REAL ID Act (Second Engrossment)
 
Author: Senator D. Scott Dibble
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: May 10, 2016



 

Section 1 amends game and fish licensing requirements to add a driver’s license or Minnesota identification card, bearing a resident lifetime license designation, as an acceptable document to show to a conservation office or peace officer on request, when acting under the license.  This section is effective January 1, 2018, or the date MNLARS is implemented, whichever occurs first.

Section 2 defines “acceptable for federal identification” with reference to a driver’s license or Minnesota identification card to mean in compliance with the federal REAL ID Act and acceptable for accessing certain federal facilities, and boarding commercial aircraft.  This section is effective January 1, 2018.

Section 3 amends the definition of “license” in the drivers’ licenses chapter (Chapter 171) to include licenses irrespective of whether the license is acceptable for federal identification.  This section is effective January 1, 2018.

Section 4 adds driver’s license agents to statutory background check and fingerprinting requirements that apply to the commissioner’s current and prospective employees.  This section is effective July 1, 2017, and allows the Bureau of Criminal Apprehension to recover the costs of driver’s license agents’ checks from the driver’s license agents.

Section 5 requires inclusion, in an application for a driver’s license that is acceptable for federal identification, a space for the applicant to declare the information provided to be true and correct under penalty of perjury.  The commissioner may require additional information and documentation.  This section is effective January 1, 2018, and applies to applications submitted on and after that date.

Section 6 adds to the statutory requirements concerning contents of the driver’s license.  A driver’s license that is acceptable for federal identification will bear a distinguishing indicator and, for license holders with temporary lawful status, the license will be marked “temporary.”  A driver’s license that is not acceptable for federal identification will be so marked and have a unique design or color indicator.  The specified markings must be machine readable.  This section is effective January 1, 2018, and applies to licenses issued based on applications submitted on and after that date.

Section 7 establishes statutory requirements concerning contents of the Minnesota identification card.  A card that is acceptable for federal identification will bear a distinguishing indicator and, for card holders with temporary lawful status, the card will be marked “temporary.”  A driver’s license that is not acceptable for federal identification will be so marked and have a unique design or color indicator.  The specified markings must be machine readable.  This section is effective January 1, 2018, and applies to cards issued based on applications submitted on and after that date.

Section 8 changes the current statute that provides for expiration of Minnesota identification cards.  A card that is acceptable for federal identification expires on the applicant’s birthday four years after issuance, regardless of the applicant’s age.  A card that is not acceptable for federal identification and that is valid for the cardholder's lifetime may be issued to an applicant who is 65 years of age or older.  A card that is issued to an applicant with temporary lawful status expires on the last day of the applicant’s lawful presence.  These provisions are effective January 1, 2018, and apply to cards issued based on applications submitted on and after that date.  Paragraph (e) provides that cards issued between enactment of this paragraph and January 1, 2018, expire two years after issuance.  This paragraph is effective the day following final enactment and is repealed June 30, 2018.  

Section 9 allows a medical alert identifier on a driver’s license or Minnesota identification card to be either graphic or written.

Section 10 allows a living will/health care directive designation on a driver’s license or Minnesota identification card to be either graphic or written.

Section 11 allows a veteran or veteran 100% T&P designation on a driver’s license or Minnesota identification card to be either graphic or written.

Section 12 adds a subdivision to the section of statute on information included on a driver’s license or identification card. 

Paragraph (a) requires the Department of Public Safety to maintain records transmitted from the Commissioner of Natural Resources that identify persons receiving resident lifetime game and fish licenses. The records must contain the following information:

  • the person’s full name and date of birth;
  • the person’s driver’s license or identification number;
  • the category of lifetime license issued to the person; and
  • the Department of Natural Resources lifetime license number.

Paragraph (b) allows the Department of Public Safety to delete these records after seven years if not matched to a driver’s license or identification card.

Paragraph (c) directs the Department of Public Safety to include a graphic or written designation of the lifetime license on all subsequent driver’s licenses or identification cards issued to the license holder as identified by the Commissioner of Natural Resources.

Paragraph (d) states that if a person holding a lifetime license applies for a driver’s license or identification card before that information has been transmitted from DNR, then DPS may accept a copy of the lifetime license as proof and issue the driver’s license or identification card as in paragraph (c).

This section is effective January 1, 2018, or the date MNLARS is implemented, whichever occurs first.

Section 13 provides that an applicant for a license or card that is acceptable for federal identification may not utilize the existing religious objection to showing the applicant’s photo or electronic image on the license or card.  This section is effective January 1, 2018, and applies to licenses and cards issued based on applications submitted on and after that date.

Section 14 provides that a tribal identification card is not acceptable documentation of identification for a license or card that is acceptable for federal identification.  This section is effective January 1, 2018, and applies to applications submitted on and after that date.

Section 15 prohibits the Commissioner of Public Safety, in connection with licenses and cards that are not acceptable for federal identification, from disseminating outside the state personally identifiable data that is not disseminated as of January 1, 2018, or utilizing any electronic validation or verification system accessible outside that state that is not in use as of January 1, 2018.  This prohibition is subject to contrary applicable federal provisions relating to commercial drivers’ licenses.  This section is effective January 1, 2018.

Section 16 provides that a driver’s license issued to a person with temporary lawful status expires on the last day of the person’s lawful stay in the United States, effective January 1, 2018, for licenses issued based on applications submitted on and after that date.  Paragraph (f) provides that licenses issued between enactment of this paragraph and January 1, 2018, expire two years after issuance.  Paragraph (f) is repealed June 30, 2018.  

Section 17 directs the Commissioner of Public Safety to appoint the city of New Brighton as a full-service driver’s license agent, notwithstanding contrary Rules requiring a minimum ten-mile distance between driver’s license agent offices.  The appointment must be made within two weeks following receipt of an application from the city of New Brighton.

Section 18 provides for implementation of the Real ID act and associated rulemaking.

Subdivision 1 directs the Commissioner of Public Safety to implement the Real ID Act, as provided in this act.

Subdivision 2 directs the commissioner to comply with federal compliance certification requirements as soon as reasonably possible.

Subdivision 3 directs the commissioner to seek one or more compliance extensions from Department of Homeland Security, to cover the period until the state is certified as compliant.

Subdivision 4 requires the commissioner to adopt rules and amend existing Rules only to the extent necessary to implement a two-tier license program, issuing both licenses/cards that are acceptable for federal identification and licenses/cards that are not acceptable for federal identification that comply with applicable federal and state law and otherwise serve the public interest in safety, traffic and insurance law compliance, and data privacy. 

This section is effective the day following final enactment.

Section 19 repeals the law that prohibits the commissioner from implementing the federal Real ID Act.  This section is effective the day following final enactment.

 
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