1.1                          A bill for an act
  1.2             relating to drivers' licenses; providing conditions 
  1.3             for validity of state contracts; requiring refund of 
  1.4             license fee if a qualified applicant does not receive 
  1.5             a license, duplicate license, permit, or 
  1.6             identification card within six weeks of application; 
  1.7             providing for issuance of license without regard to 
  1.8             whether the fee has been refunded; requiring 
  1.9             legislative audit commission to study driver's license 
  1.10            and identification card program; amending Minnesota 
  1.11            Statutes 1994, sections 16B.06, subdivision 2; 171.06, 
  1.12            by adding a subdivision; and 171.07, subdivisions 1 
  1.13            and 3. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1994, section 16B.06, 
  1.16  subdivision 2, is amended to read: 
  1.17     Subd. 2.  [VALIDITY OF STATE CONTRACTS.] (a) A state 
  1.18  contract or lease is not valid and the state is not bound by it 
  1.19  until: 
  1.20     (1) it has first been executed by the head of the agency or 
  1.21  a delegate which is a party to the contract; 
  1.22     (2) it has been approved by the commissioner or a delegate, 
  1.23  under this section, and the commissioner or a delegate has 
  1.24  determined that the terms of the contract are consistent in all 
  1.25  respects with any law which specifically authorizes or requires 
  1.26  the action which is the subject of the contract; 
  1.27     (3) it has been approved by the attorney general or a 
  1.28  delegate as to form and execution; and 
  1.29     (4) the account system shows an allotment or encumbrance 
  2.1   balance for the full amount of the contract liability. 
  2.2      (b) Paragraph (a), clause (2), does not apply to contracts 
  2.3   between state agencies or contracts awarding grants. 
  2.4      (c) The head of the agency may delegate the execution of 
  2.5   specific contracts or specific types of contracts to a 
  2.6   designated subordinate within the agency if the delegation has 
  2.7   been approved by the commissioner of administration and filed 
  2.8   with the secretary of state.  The fully executed copy of every 
  2.9   contract or lease must be kept on file at the contracting agency.
  2.10     Sec. 2.  Minnesota Statutes 1994, section 171.06, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 6.  [REFUND OF FEE.] The department, upon request of 
  2.13  an applicant, shall refund the fee paid by the applicant for a 
  2.14  license, instruction permit, duplicate license, or Minnesota 
  2.15  identification card if the applicant does not receive the 
  2.16  license, permit, or card, other than the temporary license, 
  2.17  permit, or card issued at the time of application, within six 
  2.18  weeks of having filed the application for it.  No refund shall 
  2.19  be made to an applicant if the applicant has, within six weeks 
  2.20  of having filed an application, received from the department a 
  2.21  notification of ineligibility or a notification that the 
  2.22  application lacks information.  Receipt by the applicant is 
  2.23  deemed to take place when the department mails the license, 
  2.24  permit, card, or notification to the address on the 
  2.25  application.  The department shall retain a record of the date 
  2.26  of mailing of the license, permit, card, or notification for one 
  2.27  year after the date of mailing.  A request for a refund may be 
  2.28  made in person, by telephone or facsimile, by electronic mail, 
  2.29  or in writing within one year after filing the application.  The 
  2.30  refund must include the $3.50 filing fee retained under 
  2.31  subdivision 4.  The department may not require a county or agent 
  2.32  to relinquish a filing fee retained from a fee refunded under 
  2.33  this subdivision.  The department shall not refund a fee paid by 
  2.34  an applicant if a requirement of federal law or court order 
  2.35  imposed or entered after July 1, 1995, prevents the department 
  2.36  from issuing a license, permit, or card within six weeks of the 
  3.1   application. 
  3.2      Sec. 3.  Minnesota Statutes 1994, section 171.07, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
  3.5   upon the payment of the required fee, regardless of a subsequent 
  3.6   refund of the fee under section 171.06, subdivision 6, issue to 
  3.7   every applicant qualifying therefor a license designating the 
  3.8   type or class of vehicles the applicant is authorized to drive 
  3.9   as applied for, which license shall bear thereon a 
  3.10  distinguishing number assigned to the licensee, the full name, 
  3.11  date of birth, residence address and permanent mailing address 
  3.12  if different, a description of the licensee in such manner as 
  3.13  the commissioner deems necessary, and a space upon which the 
  3.14  licensee shall write the usual signature and the date of birth 
  3.15  of the licensee with pen and ink.  No license shall be valid 
  3.16  until it has been so signed by the licensee.  Except in the case 
  3.17  of an instruction permit, every license shall bear thereon a 
  3.18  colored photograph or an electronically produced image of the 
  3.19  licensee.  Every license issued to an applicant under the age of 
  3.20  21 shall be of a distinguishing color and plainly marked 
  3.21  "Under-21."  The department shall use such process or processes 
  3.22  in the issuance of licenses that prohibits as near as possible, 
  3.23  the ability to alter or reproduce the licenses, or prohibit the 
  3.24  ability to superimpose a photograph or electronically produced 
  3.25  image on such licenses without ready detection.  A license 
  3.26  issued to an applicant of age 65 or over shall be plainly marked 
  3.27  "senior" if requested by the applicant. 
  3.28     Sec. 4.  Minnesota Statutes 1994, section 171.07, 
  3.29  subdivision 3, is amended to read: 
  3.30     Subd. 3.  [IDENTIFICATION CARD; FEE.] Upon payment of the 
  3.31  required fee, regardless of a subsequent refund of the fee under 
  3.32  section 171.06, subdivision 6, the department shall issue to 
  3.33  every applicant therefor a Minnesota identification card.  The 
  3.34  department may not issue a Minnesota identification card to a 
  3.35  person who has a driver's license, other than an instruction 
  3.36  permit or a limited license.  The card must bear a 
  4.1   distinguishing number assigned to the applicant, a colored 
  4.2   photograph or an electronically produced image, the full name, 
  4.3   date of birth, residence address, a description of the applicant 
  4.4   in the manner as the commissioner deems necessary, and a space 
  4.5   upon which the applicant shall write the usual signature and the 
  4.6   date of birth of the applicant with pen and ink. 
  4.7      Each Minnesota identification card must be plainly marked 
  4.8   "Minnesota identification card - not a driver's license."  
  4.9      The fee for a Minnesota identification card issued to a 
  4.10  person who is mentally retarded, as defined in section 252A.02, 
  4.11  subdivision 2, or to a physically disabled person, as defined in 
  4.12  section 169.345, subdivision 2, is 50 cents. 
  4.13     Sec. 5.  [EVALUATION OF DRIVER'S LICENSE AND IDENTIFICATION 
  4.14  CARD PROGRAM.] 
  4.15     The legislative audit commission is requested to direct the 
  4.16  legislative auditor to conduct an evaluation of the improved 
  4.17  security driver's license and identification card program and 
  4.18  report to the legislature by January 1, 1996, concerning its 
  4.19  findings.  The evaluation of the program must focus on the 
  4.20  following: 
  4.21     (1) consistency between Minnesota Statutes, section 170.07, 
  4.22  subdivision 9, and specifications in the invitation to bid 
  4.23  documents and contract; 
  4.24     (2) bidding process leading to the award of the contract; 
  4.25     (3) evaluation of bids and samples submitted; 
  4.26     (4) authorization to begin work under the contract; 
  4.27     (5) incurring of costs before execution of the contract; 
  4.28     (6) administration of the contract, with specific reference 
  4.29  to decisions and actions concerning the unsatisfactory 
  4.30  performance penalty clause; 
  4.31     (7) causes of delays in issuing drivers' licenses and 
  4.32  identification cards to applicants; and 
  4.33     (8) role of the department of public safety and department 
  4.34  of administration in the foregoing areas. 
  4.35     Sec. 6.  [EFFECTIVE DATE.] 
  4.36     Sections 2 to 4 are effective July 1, 1995, and apply to 
  5.1   applications submitted on and after that date.