Subdivision 1. Definition. For purposes of this section, "federal change" means a modification or addition to REAL ID Act requirements, made by the federal government after May 19, 2017, with respect to: legal requirements; processes; policies and procedures; or data collection, storage, and dissemination. Federal change includes but is not limited to a modification:
(1) in what constitutes an official purpose under Code of Federal Regulations, title 6, part 37;
(2) in the machine-readable technology standards for a license or Minnesota identification card;
(3) in the information provided on the face of the license or Minnesota identification card;
(4) that relates to dissemination of state-provided data to or among federal agencies, other states, organizations operating under agreement among the states, or private entities; or
(5) that imposes an identifiable cost for the state of Minnesota.
Subd. 2. License and Minnesota identification card options. (a) The commissioner must establish a license and a Minnesota identification card that meets the requirements of the REAL ID Act, including but not limited to documentation requirements, administrative processes, electronic validation or verification of data, and card design and marking, as provided under this chapter.
(b) The commissioner must establish a license and Minnesota identification card that:
(1) is not acceptable for federal identification under the REAL ID Act, but complies with Code of Federal Regulations, title 6, section 37.71; and
(2) meets the requirements under this chapter, including but not limited to section 171.12, subdivision 7b.
(c) The commissioner must establish an enhanced driver's license or enhanced identification card as provided in this chapter.
Subd. 3. Limitations. Compliance under subdivision 2, paragraph (a), is limited to those requirements of the REAL ID Act and any rules or regulations promulgated pursuant to the REAL ID Act in effect as of May 19, 2017. The commissioner may not take any action to implement or meet the requirements of a federal change.
Subd. 4. Legislative notification. (a) Upon identification of an impending or completed federal change, the commissioner must notify the chairs and ranking minority members of the legislative committees having jurisdiction over transportation policy and finance, public safety, and data practices, and the Legislative Commission on Data Practices and Personal Data Privacy. Notification must be submitted as required under section 3.195, except that printed copies are not required.
(b) Notification under this subdivision must include a review of the federal change, an initial analysis of data practices impacts, and any preliminary estimates of implementation costs, including the availability of additional federal funds.
Subd. 5. Statutory construction. (a) Unless specifically provided otherwise, a driver's license, instruction permit, or provisional license includes any noncompliant license. Unless specifically provided otherwise, a Minnesota identification card includes any noncompliant identification card.
(b) A noncompliant license does not include an enhanced driver's license, and a noncompliant identification card does not include an enhanced identification card.
History: 2017 c 76 s 5
NOTE: (a) This section, as added by Laws 2017, chapter 76, section 5, was effective May 19, 2017, and applies to driver's licenses and Minnesota identification cards applied for and issued on or after October 1, 2018. Laws 2017, chapter 76, section 29.
(b) If the Federal REAL ID Act, Public Law 109-13, Division B, is repealed, or if the definition of "official purpose" in Code of Federal Regulations, title 6, part 37, is amended, this section, as added by Laws 2017, chapter 76, section 5, is repealed on June 30 of the following year. Laws 2017, chapter 76, section 27.
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Chapter 171 — Drivers' Licenses And Training Schools
Section 171.015 — Driver's License Division.
Section 171.017 — Background Investigations; Driver's License Agents And Certain Employees.
Section 171.019 — Real Id Act Conformity; Limitations.
Section 171.02 — Licenses; Types, Endorsements, Restrictions.
Section 171.03 — Persons Exempt.
Section 171.04 — Persons Not Eligible For Drivers' Licenses.
Section 171.041 — Restricted License For Farm Work.
Section 171.042 — Driver's License For Medical Reason.
Section 171.043 — Notice Of Persons Under Driver's License Cancellation.
Section 171.05 — Instruction Permit.
Section 171.055 — Provisional License.
Section 171.06 — Application For License, Permit, Identification Card; Fees.
Section 171.0605 — Evidence Of Identity And Lawful Presence.
Section 171.061 — Driver's License Agent.
Section 171.066 — Enhanced Driver's License For Employment.
Section 171.068 — Enhanced Identification Card For Employment.
Section 171.07 — Information On License And Identification Card.
Section 171.0701 — Driver Education Content.
Section 171.0705 — Driver's Manual.
Section 171.071 — Photograph On License Or Identification Card.
Section 171.072 — Tribal Identification Card.
Section 171.075 — Anatomical Gifts.
Section 171.08 — Licensee To Have License In Possession.
Section 171.09 — Driving Restrictions; Authority, Violations.
Section 171.10 — Duplicate License; Vehicle Endorsement.
Section 171.11 — Duplicate License; Change Of Domicile Or Name.
Section 171.12 — Driving Record; Filing; Private Data.
Section 171.121 — Use Of Another's Residence Address.
Section 171.122 — Enhanced Drivers' Licenses And Identification Cards; Limitation.
Section 171.131 — Physician Reporting To Commissioner.
Section 171.14 — Cancellation.
Section 171.15 — Nonresident's Driving Privilege.
Section 171.16 — Court May Recommend Suspension.
Section 171.161 — Commercial Driver's License; Federal Conformity.
Section 171.162 — Commercial Driver's License, Required Records.
Section 171.163 — Commercial Driver's License Record Keeping.
Section 171.165 — Commercial Driver's License, Disqualification.
Section 171.166 — Review Of Disqualification.
Section 171.167 — Notice To Commercial Driver's License Information System.
Section 171.168 — Notice Of Violation By Commercial Driver.
Section 171.169 — Notice Of Commercial License Suspension.
Section 171.171 — Suspension; Illegal Purchase Of Alcohol Or Tobacco.
Section 171.172 — Revocation; Controlled Substance Offense.
Section 171.173 — Suspension; Underage Drinking Offense.
Section 171.174 — Revocation; Fleeing Peace Officer Offense.
Section 171.175 — Suspension; Theft Of Motor Fuel Offense.
Section 171.176 — Revocation Or Suspension; School Attendance.
Section 171.177 — Revocation; Pursuant To Search Warrant.
Section 171.181 — Resident Driving Privilege.
Section 171.182 — Suspension; Uninsured Vehicle.
Section 171.183 — Satisfaction Of Judgment.
Section 171.184 — Installment Payments.
Section 171.186 — Suspension For Nonpayment Of Support; Limited License.
Section 171.187 — Suspension; Criminal Vehicular Operation And Manslaughter.
Section 171.19 — Petition For Court Hearing On License Reinstatement.
Section 171.20 — Minnesota License Required; Conditions, Fees.
Section 171.21 — Copy Of Record As Evidence.
Section 171.22 — Unlawful Acts Relating To Driver's License.
Section 171.23 — Renting Vehicle To Unlicensed Driver.
Section 171.24 — Violations; Driving Without Valid License.
Section 171.2405 — License Reinstatement Diversion Program.
Section 171.241 — Chapter Violations; Misdemeanors.
Section 171.25 — Enforcement; Delegation Of Authority.
Section 171.26 — Money Credited To Funds.
Section 171.27 — License Expiration And Renewal; Exceptions.
Section 171.29 — Revoked License; Conditions For Reinstatement.
Section 171.30 — Limited License.
Section 171.302 — License Violations; Consecutive Sentencing.
Section 171.306 — Ignition Interlock Device Program.
Section 171.31 — Information On Person Receiving Blindness Benefits.
Section 171.32 — Action Upon Information Relating To Blindness.
Section 171.321 — Qualifications Of School Bus And Type Iii Vehicle Drivers.
Section 171.3213 — Third-party Testing Of School Bus Drivers.
Section 171.3215 — Canceling Bus Endorsement For Certain Offenses.
Section 171.3216 — Actions On School Bus Endorsement.
Section 171.322 — Age Limit For Operator Of Vehicle For Hire.
Section 171.324 — Hazardous Materials Endorsement Background Checks.
Section 171.325 — Driver's License Suspensions And Revocations; Reports.
Section 171.60 — Motorcycle Road Guard Certificate.
Section 171.33 — Driver Training School; Definitions.
Section 171.335 — Motorcycle Safety Education Program.
Section 171.34 — License For School Required.
Section 171.35 — License For Instructor Required.
Section 171.36 — License Fees; Renewal.
Section 171.37 — Inspection And Examination.
Section 171.38 — School Or Instructor License Denial Or Revocation.
Section 171.40 — Driver Training School Violation; Petty Misdemeanor.
Section 171.41 — Cooperation Of State Agencies.
Section 171.50 — Driver License Compact.
Section 171.52 — Transfer Of Information.
Section 171.53 — Compact Administrator.
Section 171.54 — Reporting To Licensing Authority.