HF 3605

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to drivers' licenses; regulating information on drivers' licenses and
permits and Minnesota identification cards; requiring determination of citizenship
status for obtaining a license; making technical changes; amending Minnesota
Statutes 2006, sections 171.06, subdivision 3; 171.14; 171.22, subdivision 2;
Minnesota Statutes 2007 Supplement, section 171.06, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 171.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [171.025] IDENTITY AND RESIDENCY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meaning given them:
new text end

new text begin (1) "license" means a driver's license, instruction permit, motorized bicycle
instruction permit, motorized bicycle operator's permit, or provisional license;
new text end

new text begin (2) "lawful presence status" means lawful short-term admission to the United States,
indefinite authorized presence status, permanent United States resident status, or United
States citizenship; and
new text end

new text begin (3) "primary document" has the meaning given in Minnesota Rules, part 7410.0400,
subpart 2, or successor rules.
new text end

new text begin Subd. 2. new text end

new text begin Lawful residency required. new text end

new text begin (a) Proof of lawful residency in the United
States is required at the time of application for an initial license or Minnesota identification
card, or renewal of a license or Minnesota identification card. The applicant is required to
attest to a residence address in Minnesota.
new text end

new text begin (b) At the time of application for an initial license or Minnesota identification card,
the applicant must demonstrate proof of lawful presence status.
new text end

new text begin (c) At the time of application for renewal of a license or Minnesota identification
card, a person with lawful short-term admission to the United States must demonstrate
proof of lawful short-term admission status.
new text end

new text begin (d) The department shall issue a license or Minnesota identification card only to an
individual who has a residence address in the state at the time of application, as required
under section 171.06, subdivision 3. An individual may have only one residence address
where the individual is domiciled at any particular time.
new text end

new text begin Subd. 3. new text end

new text begin Proof of identity and residency. new text end

new text begin (a) At the time of application for a
license or Minnesota identification card, the applicant must demonstrate proof of full
name, date of birth, identity, and lawful presence status by presenting a Minnesota
license or Minnesota identification card if one has been issued. The Minnesota license or
identification card must be current or must not have expired more than:
new text end

new text begin (1) five years before it is presented if it has a color photograph or electronically
produced or digitized image of the applicant; or
new text end

new text begin (2) one year before it is presented if it (i) does not have a color photograph or
electronically produced or digitized image of the applicant, or (ii) is a temporary seven-day
driver's license issued to a Minnesota-licensed driver by the state of Minnesota under
section 169A.52, subdivision 7, paragraph (c), clause (2).
new text end

new text begin (b) If the applicant cannot provide a Minnesota license or Minnesota identification
card as required under paragraph (a), the applicant must present one primary document
and one secondary document as required under Minnesota Rules, part 7410.0400, subparts
2 and 3, or successor rules.
new text end

new text begin Subd. 4. new text end

new text begin Lawful short-term admission; status check date. new text end

new text begin (a) If a lawful
admission period is indicated on a federal primary document presented as proof of lawful
presence status under subdivision 3, and it expires in more than 30 days from the date of
application for a license or Minnesota identification card, the commissioner shall issue
to the applicant a license or Minnesota identification card that includes a status check
date indicating when the license or Minnesota identification card will be canceled. The
status check date must coincide with the federal lawful admission period indicated on
the federal primary document presented.
new text end

new text begin (b) The department shall not issue a license or Minnesota identification card if an
individual has no lawful presence status or if the lawful short-term admission period
expires in 30 days or less.
new text end

new text begin Subd. 5. new text end

new text begin Applicability of status check date. new text end

new text begin (a) Notwithstanding any other law to
the contrary, the department shall ensure that a status check date is not placed on a license
or Minnesota identification card of an applicant having indefinite authorized presence
status, permanent United States resident status, or United States citizenship.
new text end

new text begin (b) If the department issues a license or Minnesota identification card that contains a
status check date to an applicant described under paragraph (a), it must issue a corrected
duplicate license or identification card free of charge.
new text end

new text begin Subd. 6. new text end

new text begin Reissuance. new text end

new text begin (a) The commissioner shall reissue a license or Minnesota
identification card with a new status check date if the applicant presents an employment
authorization card or notice of action issued by the United States Department of Homeland
Security that indicates an extension of the federal lawful admission period. The new status
check date must coincide with the new federal lawful admission period indicated on
the federal document presented.
new text end

new text begin (b) The commissioner shall reissue a license or Minnesota identification card with a
new status check date if the applicant presents an accepted application from the United
States Department of Homeland Security for an extension of or change in the federal
lawful admission period. The new status check date must be a six-month extension from
the date of the federal receipt of the application for an extension or change.
new text end

new text begin (c) The commissioner shall reissue a license or Minnesota identification card without
a status check date if the applicant presents a subsequent federal document indicating
permanent United States resident status, indefinite authorized presence status, or United
States citizenship.
new text end

new text begin Subd. 7. new text end

new text begin License or identification card from another jurisdiction. new text end

new text begin (a) The
presentation of a license or identification card from another jurisdiction or another state of
the United States is not acceptable as proof of lawful presence status.
new text end

new text begin (b) If the applicant for a license or Minnesota identification card possesses a license
or identification card from any other jurisdiction, the license or identification card from
the other jurisdiction must be invalidated and returned to the individual.
new text end

new text begin Subd. 8. new text end

new text begin Evidence required when name changed. new text end

new text begin If there has been a change in
the individual's legal full name as it appears on the presented document specified under
subdivision 3, the individual must also present evidence of a change of name as required
under rules established by the commissioner.
new text end

new text begin Subd. 9. new text end

new text begin Incorporation of federal regulations. new text end

new text begin As authorized by Public Law
107-296, rules relating to identity and residency documentation standards adopted in Code
of Federal Regulations by the United States Department of Homeland Security may be
incorporated by reference by the commissioner. These rules may be subsequently amended
by the commissioner under chapter 14 to administer the provisions of this chapter.
new text end

new text begin Subd. 10. new text end

new text begin Non-English documents; translation. new text end

new text begin All documents submitted to the
department in a language other than English must be accompanied by a translation of
that document into the English language.
new text end

new text begin Subd. 11. new text end

new text begin Fees. new text end

new text begin A holder of a license or Minnesota identification card with a status
check date must pay the following fees for reissuance or renewal:
new text end

new text begin (1) no fee for reissuance if there is no change to the address or name on the state
document and the state document holder applies for an extension of the status check
date before the state document is canceled;
new text end

new text begin (2) the fee for a duplicate as specified in section 171.06, subdivision 2, if there is
a change to the address or name on a license or Minnesota identification card, or if the
state document has expired and the applicant presents federal documentation indicating an
extension of or change in the federal lawful admission period;
new text end

new text begin (3) the fee for a renewal as specified in section 171.06, subdivision 2, if the license
or Minnesota identification card will expire before the status check date; and
new text end

new text begin (4) the fee for a duplicate as specified in section 171.06, subdivision 2, if the applicant
is being reissued a license or Minnesota identification card without a status check date.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 171.06, subdivision 2, is
amended to read:

Subd. 2.

Fees.

(a) The fees for a license and Minnesota identification card are
as follows:

Classified Driver's License		D-$22.25	C-$26.25	B-$33.25	A-$41.25
Classified Under-21 D.L.		D-$22.25	C-$26.25	B-$33.25	A-$21.25
Instruction Permit					$10.25
Provisional License					$13.25
Duplicate License or duplicate identification card					$11.75
Minnesota identification card or Under-21 Minnesota identification card, other than duplicate, except as otherwise provided in section 171.07, subdivisions 3 and 3a					$16.25

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related, shall have a
$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
has the meaning given it in section 171.04, subdivision 1.

(c) In addition to the driver's license fee required under paragraph (a), the
commissioner shall collect an additional $4 processing fee from each new applicant
or individual renewing a license with a school bus endorsement to cover the costs for
processing an applicant's initial and biennial physical examination certificate. The
department shall not charge these applicants any other fee to receive or renew the
endorsement.

new text begin (d) The fees for renewal of a license or Minnesota identification card are the same as
the fees for an initial license or Minnesota identification card under paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the new text begin applicant's new text end full name, date of birth, sex, and residence address deleted text begin of the
applicant deleted text end new text begin in the state of Minnesota, by showing a residence number, street name, street
type, directional if any, city, state, and zip code new text end ;

(2) as may be required by the commissioner, contain a description of the applicant
and any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant does not have a Social Security number;

(4) contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b); and

(5) contain a notification to the applicant of the availability of a living will/health
care directive designation on the license under section 171.07, subdivision 7.

(b) If the applicant does not indicate a desire to make an anatomical gift when
the application is made, the applicant must be offered a donor document in accordance
with section 171.07, subdivision 5. The application must contain statements sufficient
to comply with the requirements of the Uniform Anatomical Gift Act (1987), sections
525.921 to 525.9224, so that execution of the application or donor document will make
the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
desire to make an anatomical gift. The application must be accompanied by information
describing Minnesota laws regarding anatomical gifts and the need for and benefits of
anatomical gifts, and the legal implications of making an anatomical gift, including the
law governing revocation of anatomical gifts. The commissioner shall distribute a notice
that must accompany all applications for and renewals of a driver's license or Minnesota
identification card. The notice must be prepared in conjunction with a Minnesota organ
procurement organization that is certified by the federal Department of Health and Human
Services and must include:

(1) a statement that provides a fair and reasonable description of the organ donation
process, the care of the donor body after death, and the importance of informing family
members of the donation decision; and

(2) a telephone number in a certified Minnesota organ procurement organization that
may be called with respect to questions regarding anatomical gifts.

(c) The application must be accompanied also by information containing relevant
facts relating to:

(1) the effect of alcohol on driving ability;

(2) the effect of mixing alcohol with drugs;

(3) the laws of Minnesota relating to operation of a motor vehicle while under the
influence of alcohol or a controlled substance; and

(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
for alcohol-related violations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2004, section 171.14, is amended to read:

171.14 CANCELLATION.

new text begin Subdivision 1. new text end

new text begin Cancellation authority. new text end

The commissioner deleted text begin shall have authority
to deleted text end new text begin may new text end cancel any driver's license new text begin or permit or Minnesota identification card new text end upon
deleted text begin determination deleted text end new text begin determining new text end that the licensee new text begin or cardholder:
new text end

new text begin (1) new text end was not entitled to the issuance deleted text begin thereof hereunder, or that the licensee deleted text end new text begin of the
driver's license, permit, or Minnesota identification card;
new text end

new text begin (2) new text end failed to give the required or correct information in the application deleted text begin , or deleted text end new text begin ;
new text end

new text begin (3) new text end committed any fraud or deceit in making such application deleted text begin . The commissioner
may also cancel the driver's license of any person who, deleted text end new text begin ; or
new text end

new text begin (4) new text end at the time of the cancellation, would not have been entitled to receive a license
under deleted text begin the provisions of section 171.04 deleted text end new text begin this chapter new text end .

new text begin Subd. 2. new text end

new text begin Cancellation requirement. new text end

new text begin The commissioner shall cancel a driver's
license or permit or Minnesota identification card under this section or section 171.04
on whichever date occurs first:
new text end

new text begin (1) on the status check date, if applicable, unless the state document holder presents
federal proof of extension of the lawful admission period or a receipt from the United
States Department of Homeland Security for an application for an extension or change in
the lawful admission status; or
new text end

new text begin (2) upon the commissioner receiving notice from the United States Department of
Homeland Security that the individual has been deported.
new text end

new text begin Subd. 3. new text end

new text begin Warning of impending cancellation. new text end

new text begin (a) If the status check date will
occur in more than 60 days but less than 90 days, a notice warning the state document
holder that the driver's license, permit, or Minnesota identification card will be canceled
on the status check date must be sent by first class mail to the document holder's residence
address on file with the department. If application is being made and the status check date
would occur in 60 days or less from the date of application, the department shall directly
issue to the applicant a general notice warning of cancellation on the status check date and
send a follow-up notice as described in paragraphs (b) and (c).
new text end

new text begin (b) The notice must contain:
new text end

new text begin (1) the person's full name, date of birth, unique state document number, and current
address from the department record; and
new text end

new text begin (2) the date the notice is mailed or directly issued.
new text end

new text begin (c) The notice must indicate that:
new text end

new text begin (1) the driver's license, permit, or Minnesota identification card will be canceled
on the status check date;
new text end

new text begin (2) the driver's license, permit, or Minnesota identification card may be reissued if
the document holder presents federal proof of extension of the lawful admission period or
a receipt from the United States Department of Homeland Security for application for an
extension or change of the lawful admission period; and
new text end

new text begin (3) the individual may request an administrative review of the possible cancellation
under rules established by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Warning of cancellation order. new text end

new text begin (a) At least seven days before the status
check date, the commissioner shall issue to the document holder a cancellation order
indicating that the driver's license, permit, or Minnesota identification card is being
canceled. A notice of the cancellation order must be sent by first class mail to the address
shown on department records.
new text end

new text begin (b) The notice must contain:
new text end

new text begin (1) the person's full name, date of birth, unique state document number, and current
address from the department record; and
new text end

new text begin (2) the date the order is mailed.
new text end

new text begin (c) The notice must indicate that:
new text end

new text begin (1) the individual may apply for a new driver's license, permit, or Minnesota
identification card upon presenting proof to the department of current authorized legal
presence in the United States; and
new text end

new text begin (2) the document holder may request an administrative review of the cancellation
under rules established by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Administrative review. new text end

new text begin Any administrative review of the cancellation
of the state document or the denial to issue a state document under this section must be
conducted under rules established by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2004, section 171.22, subdivision 2, is amended to read:

Subd. 2.

Penalties.

Any person who violates subdivision 1, clause new text begin (4), new text end (7) new text begin , new text end or
(8), is guilty of a gross misdemeanor. Any person who violates any other provision of
subdivision 1 is guilty of a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end

Sec. 6. new text begin REVISION OF RULES.
new text end

new text begin The commissioner of transportation shall amend and adopt revisions to rules
pertinent to the identity, residency, and cancellation requirements established in this act,
under the good cause exemption as provided in Minnesota Statutes, section 14.388,
subdivision 1, clause (3).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end