HF 3014

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; regulating information on drivers' licenses, permits, and
identification cards, and applications for them; adopting certain federal laws
and regulations; making technical and clarifying changes; amending Minnesota
Statutes 2004, sections 171.06, subdivision 3; 171.14; 171.22, subdivision
2; Minnesota Statutes 2005 Supplement, section 171.07, subdivisions 1, 3;
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] PROOF OF IDENTITY AND RESIDENCY.
new text end

new text begin Subdivision 1. new text end

new text begin In general. new text end

new text begin (a) At the time of application for a driver's license,
permit, or identification card, the applicant shall present a Minnesota driver's license,
permit, or Minnesota identification card if one of these has been issued to the applicant.
new text end

new text begin (b) The Minnesota driver's license, identification card, or permit 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 does not have a color photograph or
electronically produced or digitized image of the applicant. A temporary seven-day
driver's license issued to a Minnesota-licensed driver only by the state of Minnesota
under section 169A.52, subdivision 7, paragraph (c), clause (2), may be presented if it is
not expired more than one year.
new text end

new text begin (c) As proof of full name, date of birth, and identity, the applicant must present one
primary document and one secondary document as defined in Minnesota Rules, part
7410.0400, subparts 2 and 3, or successor rules, if the applicant cannot present:
new text end

new text begin (1) a Minnesota driver's license, identification card, or permit that is current or
has expired for five years or less with a color photograph or electronically produced or
digitized image; or
new text end

new text begin (2) a Minnesota driver's license, identification card, or permit that is current or has
been expired for one year or less without a color photograph or electronically produced
or digitized image.
new text end

new text begin Subd. 2. new text end

new text begin Residence address on license, permit, or identification card. new text end

new text begin (a) The
department shall issue a Minnesota driver's license, permit, or identification card only to an
individual who has a residence address in the state at the time of application, by showing a
residence number, street name, street type, directional if any, city, state, and zip code.
new text end

new text begin (b) The applicant shall indicate on the application form for a Minnesota driver's
license, identification card, or permit, the applicant's residence address in the state,
pursuant to section 171.12, subdivision 7.
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.

new text begin [171.028] DOCUMENTING RESIDENCY; RULES AND REGULATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin State rules variance procedures. new text end

new text begin The documents specified in
Minnesota Rules, part 7410.0400, subparts 2 and 3, or successor rules, are subject to the
variance procedures and criteria in Minnesota Rules, part 7410.0600, or successor rules.
new text end

new text begin Subd. 2. 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. 3. 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. 4. new text end

new text begin Proof of residency required at time of application. new text end

new text begin Proof of residency
in the United States is required at the time of application for an initial permit, driver's
license, or identification card. The applicant must attest to a residence address in
Minnesota and demonstrate proof of either lawful short-term admission to the United
States, permanent United States resident status, indefinite authorized presence status, or
United States citizenship.
new text end

new text begin Subd. 5. new text end

new text begin Proof of residency at renewal. new text end

new text begin (a) Proof of residency is required at the
time of application for renewal of a driver's license, permit, or identification card.
new text end

new text begin (b) A person with permanent United States resident status, indefinite authorized
presence status, or United States citizenship must attest to a residence address in
Minnesota.
new text end

new text begin (c) A person with lawful short-term admission to the United States must attest to a
residence address in Minnesota and provide proof of lawful short-term admission status to
the United States.
new text end

new text begin Subd. 6. new text end

new text begin Documents not sufficient to prove residency. new text end

new text begin The presentation of a
driver's license, permit, or identification card from another jurisdiction or another state of
the United States is not acceptable as proof of permanent United States resident status,
indefinite authorized presence status, lawful short-term admission to the United States, or
United States citizenship.
new text end

new text begin Subd. 7. new text end

new text begin Documents sufficient to prove residency. new text end

new text begin To demonstrate permanent
United States resident status, indefinite authorized presence status, lawful short-term
admission, or United States citizenship, an applicant must attest to a Minnesota residence
address on the application form and present a primary document specified in Minnesota
Rules, part 7410.0400, subpart 2, or successor rules.
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 in
Minnesota Rules, part 7410.0410, subpart 4, or successor rules, the individual must also
present evidence of a change of name as specified in Minnesota Rules, part 7410.0500,
or successor rules.
new text end

new text begin Subd. 9. new text end

new text begin Lawful short-term admission status. new text end

new text begin (a) If the lawful admission period
indicated on the federal primary document presented expires in more than 30 days from
the date of application for the state driver's license, permit, or identification card, the
department shall issue to the applicant a driver's license, permit, or identification card
with a status check date that coincides with the lawful admission period on the federal
primary document presented.
new text end

new text begin (b) The department shall not issue a driver's license, permit, or identification card if
an individual has no lawful admission status to the United States or if the lawful short-term
admission period expires in 30 days or less.
new text end

new text begin Subd. 10. new text end

new text begin Status check date. new text end

new text begin A status check date that coincides with the federal
lawful admission period indicated on the federal primary document presented must be
indicated on the driver's license, permit, or identification card issued.
new text end

new text begin Subd. 11. new text end

new text begin Reissuance. new text end

new text begin (a) The department shall reissue a driver's license, permit, or
identification card with a new status check date if the applicant presents an employment
authorization card (I-688B, I-766 series) or notice of action (I-797A series) issued by
the United States Department of Homeland Security to the commissioner to indicate
extension of the lawful admission period.
new text end

new text begin (b) 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 department shall reissue the driver's license, permit, or identification
card with a status check date extension of six months from the date of the federal receipt
for the extension or change in order to provide a grace period while the application for
the extension is processed.
new text end

new text begin (c) The department shall reissue a driver's license, permit, or identification card
without a status check date if:
new text end

new text begin (1) the applicant presents a subsequent federal document indicating permanent
United States resident status, indefinite authorized presence status, or United States
citizenship; and
new text end

new text begin (2) the applicant pays the duplicate fee as specified in section 171.06.
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.

new text begin [171.029] LEGAL IMMIGRANTS AND REFUGEES; STATUS.
new text end

new text begin (a) Notwithstanding sections 171.025, 171.028, or other law to the contrary, the
department shall ensure that a status check date is not placed on a driver's license or
Minnesota identification card of an applicant entitled to permanent United States resident
status, indefinite authorized presence status, or United States citizenship.
new text end

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

Sec. 4.

Minnesota Statutes 2004, 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 residence address of the applicant;

(2) as may be required by the commissioner, contain a description of the applicant new text begin ,
which consists of the applicant's height in feet and inches, weight in pounds, and eye
color, new text end 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. 5.

Minnesota Statutes 2005 Supplement, section 171.07, subdivision 1, is
amended to read:

Subdivision 1.

License; contents.

(a) Upon the payment of the required fee, the
department shall issue to every qualifying applicant a license designating the type or class
of vehicles the applicant is authorized to drive as applied for. This license must bear a
distinguishing number assigned to the licensee; the licensee's full name, date of birth, and
residence address; a description of the licensee deleted text begin in a manner as the commissioner deems
necessary deleted text end new text begin , which consists of the applicant's height in feet and inches, weight in pounds,
eye color, and sex new text end ; and the usual signature of the licensee. No license is valid unless it
bears the usual signature of the licensee. Every license must bear a colored photograph or
an electronically produced image of the licensee.

(b) If the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the license, then the applicant shall provide verification from
the United States Postal Service that mail will not be delivered to the applicant's residence
address and that mail will be delivered to a specified alternate mailing address. When an
applicant provides an alternate mailing address under this subdivision, the commissioner
shall use the alternate mailing address in lieu of the applicant's residence address for
all notices and mailings to the applicant.

(c) Every license issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) The department shall use processes in issuing a license that prohibit, as nearly as
possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
photograph or electronically produced image on a license, without ready detection.

(e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
requested by the applicant.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2005 Supplement, section 171.07, subdivision 3, is
amended to read:

Subd. 3.

Identification card; fee.

(a) Upon payment of the required fee, the
department shall issue to every qualifying applicant a Minnesota identification card. The
department may not issue a Minnesota identification card to an individual who has a
driver's license, other than a new text begin Minnesota new text end limited new text begin driver's new text end license new text begin , from any jurisdiction,
or has an identification card from any jurisdiction, unless and until the person's license
or identification card from any jurisdiction has been invalidated new text end . The card must bear a
distinguishing number assigned to the applicant; a colored photograph or an electronically
produced image of the applicant; the applicant's full name, date of birth, and residence
address; a description of the applicant deleted text begin in the manner as the commissioner deems necessary deleted text end new text begin ,
which consists of the applicant's height in feet and inches, weight in pounds, eye color,
and sex new text end ; and the usual signature of the applicant.

(b) If the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the Minnesota identification card, then the applicant shall
provide verification from the United States Postal Service that mail will not be delivered
to the applicant's residence address and that mail will be delivered to a specified alternate
mailing address. When an applicant provides an alternate mailing address under this
subdivision, the commissioner shall use the alternate mailing address in lieu of the
applicant's residence address for all notices and mailings to the applicant.

(c) Each identification card issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) Each Minnesota identification card must be plainly marked "Minnesota
identification card - not a driver's license."

(e) The fee for a Minnesota identification card is 50 cents when issued to a person
who is mentally retarded, as defined in section 252A.02, subdivision 2; a physically
disabled person, as defined in section 169.345, subdivision 2; or, a person with mental
illness, as described in section 245.462, subdivision 20, paragraph (c).

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

new text begin [171.075] DRIVER'S IMAGE FOR LICENSE, PERMIT, OR CARD.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Full face image. new text end

new text begin The applicant for a driver's license, permit,
or identification card must have a full face image taken by the department that is a
representation of the true appearance of the applicant. The face of the applicant must be
uncovered and unobscured.
new text end

new text begin Subd. 2. new text end

new text begin Use of previous image. new text end

new text begin The use of the previous image on file with the
department is limited to:
new text end

new text begin (1) duplicate drivers' licenses and identification cards; and
new text end

new text begin (2) one renewal cycle for a person who applied to the department and certifies that
the person is out of the state at the time the driver's license or identification card expires
and intends to return within four years.
new text end

new text begin Subd. 3. new text end

new text begin Updated image required upon return. new text end

new text begin Within 30 days after the return to
Minnesota of an applicant whose previous image was used in accordance with subdivision
2, clause (2), the applicant shall appear at a driver's license renewal office and shall allow
an updated image to be taken. The applicant shall comply with the identity provisions of
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 Objection. new text end

new text begin If an applicant objects to the capture of a full-face image or
to the display of a full-face image on the driver's license, permit, or identification card
due to a religious objection, the applicant may apply for a variance from this section
under sections 14.055 and 14.056.
new text end

new text begin Subd. 5. new text end

new text begin Variance. new text end

new text begin As a condition of granting a variance, the applicant must either
allow placement of the full-face image in the department record or provide the department
with a unique biometric identifier, such as fingerprints, that can be used by the department
and allow enforcement agencies to identify the applicant.
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. 8.

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

171.14 CANCELLATION.

new text begin Subdivision 1. new text end

new text begin 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 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
license or 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 deleted text end deleted text begin 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; denial. new text end

new text begin Pursuant to this section and section 171.04, the
commissioner shall cancel a driver's license, permit, or identification card as follows,
whichever occurs first:
new text end

new text begin (1) on the status check date 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) when the department receives 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 possible cancellation. new text end

new text begin (a) If the status check date is to expire
in more than 60 days, a notice warning the state document holder that the driver's license,
permit, or 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 expire 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 identification card will be canceled on the status
check date;
new text end

new text begin (2) the driver's license, permit, or 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 Minnesota Rules, part 7409.4600, or successor rules.
new text end

new text begin Subd. 4. new text end

new text begin Cancellation order. new text end

new text begin (a) At least seven days before the status check date,
the department shall issue to the document holder a cancellation order indicating that the
driver's license, permit, or identification card is canceled. The notice 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 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 Minnesota Rules, part 7409.4600, or successor rules.
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 Minnesota Rules, part 7409.4600, or successor rules.
new text end

new text begin Subd. 6. new text end

new text begin Fees. new text end

new text begin (a) A state document holder who applies for a six-month extension of
the status check date on the driver's license, permit, or identification card before the status
check date expires must not be charged a fee for reissuance of the state document if there
is no change to the address or name on the state document.
new text end

new text begin (b) If the status check date on the driver's license, permit, or identification card is
current or has expired and the applicant presents federal documentation indicating an
extended lawful admission period, the applicant shall pay the fee for a duplicate card as
specified in section 171.06.
new text end

new text begin (c) The state document holder is required to pay the renewal fee as specified in
section 171.06 upon the expiration of the driver's license, permit, or identification card.
new text end

new text begin 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. 9.

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

Subd. 2.

Penalties.

Any person who violates new text begin any provision of new text end 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, 2006, and applies to crimes
committed on or after that date.
new text end