SF 1336

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2024 04:08pm

A bill for an act
relating to public safety; making various policy changes, including to veterans'
license plates, dealer licenses and records, USDOT numbers, and driver's license
applications; amending Minnesota Statutes 2022, sections 168.1235, subdivision
1; 168.1253, subdivision 3; 168.185; 168.27, subdivisions 11, 16; 168A.11,
subdivision 3; 169A.60, subdivision 13; 171.06, subdivision 3, by adding a
subdivision; 171.0605, subdivisions 3, 5; 171.12, by adding a subdivision; repealing
Minnesota Statutes 2022, sections 168.345, subdivision 1; 171.06, subdivision 3a.

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

Section 1.

Minnesota Statutes 2022, section 168.1235, subdivision 1, is amended to read:

Subdivision 1.

General requirements; fees.

(a) The commissioner shall issue a special
plate emblem for each plate to an applicant who:

(1) is a member of a congressionally chartered veterans service organization and is a
registered owner of a passenger automobile, pickup truck, van, or self-propelled recreational
vehicle;

(2) pays the registration tax required by law;

(3) pays a fee in the amount specified for special plates under section 168.12, subdivision
5, for each set of two plates, and any other fees required by this chapter; and

(4) complies with this chapter and rules governing the registration of motor vehicles and
licensing of drivers.

(b) The additional fee is payable at the time of initial application for the special plate
emblem and when the plates must be replaced or renewed. An applicant must not be issued
more than two sets of special plate emblems for motor vehicles listed in paragraph (a) and
registered to the applicant.

(c) The applicant must present a valid card indicating membership in the American
Legion deleted text begin or deleted text end new text begin , new text end Veterans of Foreign Wars new text begin , or Disabled American Veterans new text end .

Sec. 2.

Minnesota Statutes 2022, section 168.1253, subdivision 3, is amended to read:

Subd. 3.

No fee.

The commissioner shall issue a set of Gold Star plates, or a single plate
for a motorcycle, to an eligible person free of charge, and shall replace the plate or plates
without charge if they become damaged. new text begin If the eligible person requests personalized Gold
Star plates, the commissioner must not charge the fees listed in section 168.12, subdivision
2a.
new text end

Sec. 3.

Minnesota Statutes 2022, section 168.185, is amended to read:

168.185 USDOT NUMBERS.

(a) Except as provided in paragraph (d), an owner of a truck or truck-tractor having a
gross vehicle weight of more than 10,000 pounds, as defined in section 169.011, subdivision
32, shall report to the commissioner at the time of registration its USDOT carrier number.
deleted text begin A person subject to this paragraph who does not have a USDOT number shall apply for the
number at the time of registration by completing a form MCS-150 Motor Carrier
Identification Report, issued by the Federal Motor Carrier Safety Administration, or
comparable document as determined by the commissioner. The commissioner shall not
assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph.
deleted text end

(b) Assigned USDOT numbers must be displayed as required by section 221.031,
subdivision 6. The vehicle owner shall notify the commissioner if there is a change to the
owner's USDOT number.

(c) If an owner fails to report or apply for a USDOT number, the commissioner shall
suspend the owner's registration.

(d) This section does not apply to (1) a farm truck that is not used in interstate commerce,
(2) a vehicle that is not used in intrastate commerce or interstate commerce, or (3) a vehicle
that is owned and used solely in the transaction of official business by the federal government,
the state, or any political subdivision.

Sec. 4.

Minnesota Statutes 2022, section 168.27, subdivision 11, is amended to read:

Subd. 11.

Dealers' licenses; location change notice; fee.

(a) Application for a dealer's
license or notification of a change of location of the place of business on a dealer's license
must include a street address, not a post office box, and is subject to the commissioner's
approval.

(b) Upon the filing of an application for a dealer's license and the proper fee, unless the
application on its face appears to be invalid, the commissioner shall grant a 90-day temporary
license. During the 90-day period following issuance of the temporary license, the
commissioner shall inspect the place of business site and insure compliance with this section
and rules adopted under this section.

(c) The commissioner may extend the temporary license 30 days to allow the temporarily
licensed dealer to come into full compliance with this section and rules adopted under this
section.

(d) In no more than deleted text begin 120 deleted text end new text begin 180 new text end days following issuance of the temporary license, the dealer
license must either be granted or denied.

(e) A license must be denied under the following conditions:

(1) deleted text begin The license must be denied deleted text end if within the previous ten years the applicant was enjoined
due to a violation of section 325F.69 or convicted of violating section 325E.14, 325E.15,
325E.16, or 325F.69, or convicted under section 609.53 of receiving or selling stolen
vehicles, or convicted of violating United States Code, title 49, sections 32701 to 32711 or
pleaded guilty, entered a plea of nolo contendere or no contest, or has been found guilty in
a court of competent jurisdiction of any charge of failure to pay state or federal income or
sales taxes or felony charge of forgery, embezzlement, obtaining money under false pretenses,
theft by swindle, extortion, conspiracy to defraud, or bribery deleted text begin . deleted text end new text begin ; or
new text end

(2) deleted text begin A license must be denied deleted text end if the applicant has had a dealer license revoked within the
previous ten years.

new text begin (f) A license may be denied if a dealer is not in compliance with location requirements
under subdivision 10 or has intentionally misrepresented any information on the dealer
license application that would be grounds for suspension or revocation under subdivision
12.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end If the application is approved, the commissioner shall license the applicant as a
dealer for one year from the date the temporary license is granted and issue a certificate of
license that must include a distinguishing number of identification of the dealer. The license
must be displayed in a prominent place in the dealer's licensed place of business.

deleted text begin (g) deleted text end new text begin (h) new text end Each initial application for a license must be accompanied by a fee of $100 in
addition to the annual fee. The annual fee is $150. The initial fees and annual fees must be
paid into the state treasury and credited to the general fund except that $50 of each initial
and annual fee must be paid into the vehicle services operating account in the special revenue
fund under section 299A.705.

Sec. 5.

Minnesota Statutes 2022, section 168.27, subdivision 16, is amended to read:

Subd. 16.

Dealer plates: distinguishing number, fee, tax, use.

(a) The registrar shall
issue to every motor vehicle dealer, upon a request from the motor vehicle dealer licensed
as provided in subdivision 2 or 3, one or more plates displaying a general distinguishing
number. This subdivision does not apply to a scrap metal processor, a used vehicle parts
dealer, or a vehicle salvage pool. The fee for each of the first four plates is $75 per registration
year, of which $60 must be paid to the registrar and the remaining $15 is payable as sales
tax on motor vehicles under section 297B.035. For each additional plate, the dealer shall
pay the registrar a fee of $25 and a sales tax on motor vehicles of $15 per registration year.
The registrar shall deposit the tax in the state treasury to be credited as provided in section
297B.09. Replacement plates are subject to the fees in section 168.12. Motor vehicles, new
or used, owned by the motor vehicle dealership and bearing the number plate, except vehicles
leased to the user who is not an employee of the dealer during the term of the lease, held
for hire, or deleted text begin customarily deleted text end used by the dealer as a tow truck, service truck, or parts vehicle,
may be driven upon the streets and highways of this state:

(1) by the motor vehicle dealer or dealer's spouse, or any full-time employee of the motor
vehicle dealer for either private or business purposes;

(2) by a part-time employee when the use is directly related to a particular business
transaction of the dealer;

(3) for demonstration purposes by any prospective buyer for a period of 48 hours or in
the case of a truck, truck-tractor, or semitrailer, for a period of seven days; or

(4) in a promotional event that lasts no longer than four days in which at least three
motor vehicles are involved.

(b) A new or used motor vehicle sold by the motor vehicle dealer and bearing the motor
vehicle dealer's number plate may be driven upon the public streets and highways for a
period of 72 hours by the buyer for either of the following purposes: (1) removing the vehicle
from this state for registration in another state, or (2) permitting the buyer to use the motor
vehicle before the buyer receives number plates pursuant to registration. Use of a motor
vehicle by the buyer under clause (2) before the buyer receives number plates pursuant to
registration constitutes a use of the public streets or highways for the purpose of the time
requirements for registration of motor vehicles.

Sec. 6.

Minnesota Statutes 2022, section 168A.11, subdivision 3, is amended to read:

Subd. 3.

Records.

Every dealer deleted text begin shall deleted text end new text begin must new text end maintain for three years at an established
place of business a record in the form the department prescribes of every vehicle bought,
sold, or exchanged, or received for sale or exchange, which deleted text begin shall deleted text end new text begin must new text end be open to inspection
by a representative of the department or peace officer during deleted text begin reasonable business hours deleted text end new text begin
established inspection hours listed on the initial dealer license application or as noted on
the dealer record new text end . With respect to motor vehicles subject to the provisions of section 325E.15,
the record deleted text begin shall deleted text end new text begin must new text end include either the true mileage as stated by the previous owner or the
fact that the previous owner stated the actual cumulative mileage was unknown; the record
also deleted text begin shall deleted text end new text begin must new text end include either the true mileage the dealer stated upon transferring the vehicle
or the fact the dealer stated the mileage was unknown.

Sec. 7.

Minnesota Statutes 2022, section 169A.60, subdivision 13, is amended to read:

Subd. 13.

Special registration plates.

(a) At any time during the effective period of an
impoundment order, a violator or registered owner may apply to the commissioner for new
registration plates, which must bear a special series of numbers or letters so as to be readily
identified by traffic law enforcement officers. deleted text begin The commissioner may authorize the issuance
of special plates if:
deleted text end

deleted text begin (1) the violator has a qualified licensed driver whom the violator must identify;
deleted text end

deleted text begin (2) the violator or registered owner has a limited license issued under section 171.30;
deleted text end

deleted text begin (3) the registered owner is not the violator and the registered owner has a valid or limited
driver's license;
deleted text end

deleted text begin (4) a member of the registered owner's household has a valid driver's license; or
deleted text end

deleted text begin (5) the violator has been reissued a valid driver's license.
deleted text end

(b) The commissioner may not issue new registration plates for that vehicle subject to
plate impoundment for a period of at least one year from the date of the impoundment order.
In addition, if the owner is the violator, new registration plates may not be issued for the
vehicle unless the person has been reissued a valid driver's license in accordance with chapter
171.

(c) A violator may not apply for new registration plates for a vehicle at any time before
the person's driver's license is reinstated.

(d) The commissioner may issue the special plates on payment of a $50 fee for each
vehicle for which special plates are requested, except that a person who paid the fee required
under paragraph (f) must not be required to pay an additional fee if the commissioner issued
an impoundment order pursuant to paragraph (g).

(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request
new registration plates for any vehicle owned by a violator or registered owner for which
the registration plates have been impounded if:

(1) the impoundment order is rescinded;

(2) the vehicle is transferred in compliance with subdivision 14; or

(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section
168.27, a financial institution that has submitted a repossession affidavit, or a government
agency.

(f) Notwithstanding paragraphs (a) to (d), the commissioner, upon request and payment
of a $100 fee for each vehicle for which special plates are requested, must issue new
registration plates for any vehicle owned by a violator or registered owner for which the
registration plates have been impounded if the violator becomes a program participant in
the ignition interlock program under section 171.306. This paragraph does not apply if the
registration plates have been impounded pursuant to paragraph (g).

(g) The commissioner shall issue a registration plate impoundment order for new
registration plates issued pursuant to paragraph (f) if, before a program participant in the
ignition interlock program under section 171.306 has been restored to full driving privileges,
the program participant:

(1) either voluntarily or involuntarily ceases to participate in the program for more than
30 days; or

(2) fails to successfully complete the program as required by the Department of Public
Safety due to:

(i) two or more occasions of the participant's driving privileges being withdrawn for
violating the terms of the program, unless the withdrawal is determined to be caused by an
error of the department or the interlock provider; or

(ii) violating the terms of the contract with the provider as determined by the provider.

Sec. 8.

Minnesota Statutes 2022, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

(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 is not eligible for a Social Security number;

(4) 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; and

(5) include a method for the applicant to:

(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;

(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);

(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c; deleted text begin and
deleted text end

(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b deleted text begin . deleted text end new text begin ; and
new text end

new text begin (v) indicate caretaker information as provided under section 171.12, subdivision 5c.
new text end

(b) Applications must be accompanied by satisfactory evidence demonstrating:

(1) identity, date of birth, and any legal name change if applicable; and

(2) for driver's licenses and Minnesota identification cards that meet all requirements of
the REAL ID Act:

(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;

(ii) Social Security number, or related documentation as applicable; and

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:

(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and

(2) a photographic identity document.

(d) A valid Department of Corrections or Federal Bureau of Prisons identification card
containing the applicant's full name, date of birth, and photograph issued to the applicant
is an acceptable form of proof of identity in an application for an identification card,
instruction permit, or driver's license as a secondary document for purposes of Minnesota
Rules, part 7410.0400, and successor rules.

Sec. 9.

Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Remote application for incarcerated individual. new text end

new text begin (a) The commissioner must
establish a process for an incarcerated individual to apply remotely for a driver's license or
Minnesota identification card through a website or other means as provided in this
subdivision.
new text end

new text begin (b) The commissioner may renew a driver's license or Minnesota identification card for
an incarcerated individual who does not apply in person if:
new text end

new text begin (1) the applicant submits documentation to demonstrate eligibility, as prescribed by the
commissioner;
new text end

new text begin (2) there is not a material change to the applicant's name, date of birth, signature, and
driver's license or identification number since the most recent driver's license or Minnesota
identification card issuance;
new text end

new text begin (3) the application is not for a different type or class of driver's license or Minnesota
identification card, as identified in sections 171.019, subdivision 2; and 171.02, subdivision
2;
new text end

new text begin (4) one of the following requirements is met:
new text end

new text begin (i) the commissioner has a previous photograph of the applicant on file that was taken
within the last five years or in conjunction with the most recent issuance; or
new text end

new text begin (ii) for a noncompliant license or identification card, the applicant submits a photograph
that meets the requirements of sections 171.07 and 171.071; Minnesota Rules, part
7410.1810, subpart 1; and any other specifications established by the commissioner, which
may include background color, lighting and visibility standards, electronic file size, and
other technical requirements;
new text end

new text begin (5) for a driver's license, the commissioner has a record that the applicant has undergone
an examination of the applicant's eyesight within the last two years or the applicant submits
a vision examination certificate that:
new text end

new text begin (i) has been completed within the last two years;
new text end

new text begin (ii) is signed by a licensed physician or optometrist, including one who holds a similar
license in a jurisdiction outside the United States; and
new text end

new text begin (iii) is in a form prescribed by the commissioner; and
new text end

new text begin (6) the most recent issuance or renewal was not performed under this subdivision.
new text end

new text begin (c) An individual who applies for a driver's license or Minnesota identification card
under this subdivision is not required to:
new text end

new text begin (1) take a knowledge examination;
new text end

new text begin (2) take a road examination to demonstrate ability to exercise ordinary and reasonable
control in the operation of a motor vehicle; or
new text end

new text begin (3) appear in person for an updated photograph upon release from incarceration.
new text end

new text begin (d) For purposes of this subdivision, "incarcerated individual" means a person serving
a sentence of longer than six months in a Minnesota jail or correctional facility that has no
existing agreement with the commissioner to provide for renewal of drivers' licenses or
Minnesota identification cards.
new text end

Sec. 10.

Minnesota Statutes 2022, section 171.0605, subdivision 3, is amended to read:

Subd. 3.

Evidence; lawful status.

Only a form of documentation identified under
subdivision 2 new text begin , paragraph (a), clauses (2) to (10), new text end or a document issued by a federal agency
that demonstrates the applicant's lawful status are satisfactory evidence of an applicant's
lawful status under section 171.06, subdivision 3, paragraph (b), clause (2).

Sec. 11.

Minnesota Statutes 2022, section 171.0605, subdivision 5, is amended to read:

Subd. 5.

Evidence; residence in Minnesota.

(a) Submission of two forms of
documentation from the following is satisfactory evidence of an applicant's principal
residence address in Minnesota under section 171.06, subdivision 3, paragraph (b):

(1) a home utility services bill issued no more than 12 months before the application;

(2) a home utility services hook-up work order issued no more than 12 months before
the application;

(3) United States bank or financial information issued no more than 12 months before
the application, with account numbers redacted, including:

(i) a bank account statement;

(ii) a credit card or debit card statement;

(iii) a brokerage account statement; deleted text begin or
deleted text end

(iv) a money market account statement;

new text begin (v) a Health Savings Account statement; or
new text end

new text begin (vi) a retirement account statement;
new text end

(4) a certified transcript from a United States high school, if issued no more than 180
days before the application;

(5) a certified transcript from a Minnesota college or university, if issued no more than
180 days before the application;

new text begin (6) a student summary report from a United States high school signed by a school
principal or designated authority and issued no more than 180 days before the application;
new text end

deleted text begin (6) deleted text end new text begin (7) new text end an employment pay stub issued no more than 12 months before the application
that lists the employer's name and address;

deleted text begin (7) deleted text end new text begin (8) new text end a Minnesota unemployment insurance benefit statement issued no more than 12
months before the application;

deleted text begin (8) deleted text end new text begin (9) new text end a statement from an assisted living facility licensed under chapter 144G, nursing
home licensed under chapter 144A, or a boarding care facility licensed under sections 144.50
to 144.56, that was issued no more than 12 months before the application;

deleted text begin (9) deleted text end new text begin (10) new text end a current policy or card for health, automobile, homeowner's, or renter's
insurance;

deleted text begin (10) deleted text end new text begin (11) new text end a federal or state income tax return for the most recent tax filing year;

deleted text begin (11) deleted text end new text begin (12) new text end a Minnesota property tax statement for the current or prior calendar year or a
proposed Minnesota property tax notice for the current year that shows the applicant's
principal residential address both on the mailing portion and the portion stating what property
is being taxed;

deleted text begin (12) deleted text end new text begin (13) new text end a Minnesota vehicle certificate of title;

deleted text begin (13) deleted text end new text begin (14) new text end a filed property deed or title for current residence;

deleted text begin (14) deleted text end new text begin (15) new text end a Supplemental Security Income award statement issued no more than 12
months before the application;

deleted text begin (15) deleted text end new text begin (16) new text end mortgage documents for the applicant's principal residence;

deleted text begin (16) deleted text end new text begin (17) new text end a residential lease agreement for the applicant's principal residence issued no
more than 12 months before the application;

new text begin (18) an affidavit of residence for an applicant whose principal residence is a group home,
communal living arrangement, cooperative, or a religious order issued no more than 90
days before the application;
new text end

new text begin (19) an assisted living or nursing home statement issued no more than 90 days before
the application;
new text end

deleted text begin (17) deleted text end new text begin (20) new text end a valid driver's license, including an instruction permit, issued under this
chapter;

deleted text begin (18) deleted text end new text begin (21) new text end a valid Minnesota identification card;

deleted text begin (19) deleted text end new text begin (22) new text end an unexpired Minnesota professional license;

deleted text begin (20) deleted text end new text begin (23) new text end an unexpired Selective Service card;

deleted text begin (21) deleted text end new text begin (24) new text end military orders that are still in effect at the time of application;

deleted text begin (22) deleted text end new text begin (25) new text end a cellular phone bill issued no more than 12 months before the application; or

deleted text begin (23) deleted text end new text begin (26) new text end a valid license issued pursuant to the game and fish laws.

(b) In lieu of one of the two documents required by paragraph (a), an applicant under
the age of 18 may use a parent or guardian's proof of principal residence as provided in this
paragraph. The parent or guardian of the applicant must provide a document listed under
paragraph (a) that includes the parent or guardian's name and the same address as the address
on the document provided by the applicant. The parent or guardian must also certify that
the applicant is the child of the parent or guardian and lives at that address.

(c) A document under paragraph (a) must include the applicant's name and principal
residence address in Minnesota.

new text begin (d) For purposes of this section, Internet service and cable service are utilities under this
section and Minnesota Rules, part 7410.0410, subpart 4a.
new text end

Sec. 12.

Minnesota Statutes 2022, section 171.12, is amended by adding a subdivision to
read:

new text begin Subd. 5c. new text end

new text begin Caretaker information. new text end

new text begin (a) Upon request by an applicant for a driver's license,
instruction permit, or Minnesota identification card under section 171.06, subdivision 3,
the commissioner must maintain electronic records of names and contact information for
up to three individuals receiving exclusive care from the applicant. The request must be
made on a form prescribed by the commissioner. The commissioner must make the form
available on the department's website. The form must include a notice as described in section
13.04, subdivision 2.
new text end

new text begin (b) A person who has provided caretaker information under this subdivision may change,
add, or delete the information at any time. Notwithstanding sections 171.06, subdivision 2;
and 171.061, the commissioner or a driver's license agent must not charge a fee for a
transaction described in this paragraph.
new text end

new text begin (c) Caretaker data are classified as private data on individuals, as defined in section
13.02, subdivision 12, except that the commissioner may share caretaker information with
law enforcement agencies to notify the cared-for individuals regarding an emergency.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 168.345, subdivision 1; and 171.06, subdivision 3a, new text end new text begin
are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S1336-1

168.345 USE OF VEHICLE REGISTRATION INFORMATION.

No active language found for: 168.345.1

171.06 APPLICATION FOR LICENSE, PERMIT, IDENTIFICATION CARD; FEES.

No active language found for: 171.06.3a