1.1 	A bill for an act
1.2 	relating to drivers' licenses; creating enhanced driver's license and enhanced 
1.3 	identification card; providing for application, issuance, and appearance of card; 
1.4 	directing commissioner of public safety to seek approval of card by Homeland 
1.5 	Security secretary for proof of identity and citizenship and for use in entering 
1.6 	United States; amending Minnesota Statutes 2008, sections 171.01, subdivision 
1.7 	37, by adding subdivisions; 171.02, by adding a subdivision; 171.04, by adding 
1.8 	a subdivision; 171.06, subdivisions 1, 2; 171.07, subdivision 3, by adding 
1.9 	subdivisions; 171.071, by adding a subdivision; Minnesota Statutes 2009 
1.10 	Supplement, section 171.06, subdivision 3.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2008, section 171.01, subdivision 37, is amended to read:
1.13 		Subd. 37.License. "License" means any operator's license or any other license or 
1.14 	permit to operate a motor vehicle issued or issuable under the laws of this state by the 
1.15 	commissioner of public safety including:
1.16 	(1) any temporary license, instruction permit, or provisional license;
1.17 	(2) the privilege of any person to drive a motor vehicle whether or not the person 
1.18 	holds a valid license; and
1.19 	(3) any nonresident's operating privilege.; and
1.20 	(4) an enhanced driver's license.

1.21 	Sec. 2. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision 
1.22 	to read:
1.23 		Subd. 37a.Enhanced driver's license. (a) "Enhanced driver's license" means 
1.24 	a license, instruction permit, or provisional license, as appropriate, to operate a motor 
1.25 	vehicle issued or issuable under the laws of this state by the commissioner of public 
2.1 	safety that denotes citizenship and identity and contains technology and security features 
2.2 	approved by the secretary of the United States Department of Homeland Security.
2.3 	(b) Unless specifically provided otherwise:
2.4 	(1) "instruction permit" includes an enhanced instruction permit;
2.5 	(2) "provisional license" includes an enhanced provisional license; and
2.6 	(3) "driver's license" includes an enhanced driver's license.

2.7 	Sec. 3. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision 
2.8 	to read:
2.9 		Subd. 37b.Enhanced identification card. (a) "Enhanced identification card" 
2.10 	means a Minnesota identification card issued or issuable under the laws of this state by 
2.11 	the commissioner of public safety that denotes citizenship and identity and contains 
2.12 	technology and security features approved by the secretary of the United States 
2.13 	Department of Homeland Security. 
2.14 	(b) Unless specifically provided otherwise, "Minnesota identification card" includes 
2.15 	an enhanced identification card.

2.16 	Sec. 4. Minnesota Statutes 2008, section 171.02, is amended by adding a subdivision 
2.17 	to read:
2.18 		Subd. 6.Enhanced driver's license. (a) An enhanced driver's license may be used 
2.19 	(1) in the same manner as a driver's license, instruction permit, or provisional license, and 
2.20 	(2) for purposes of entering the United States, upon approval by the secretary of the United 
2.21 	States Department of Homeland Security.
2.22 	(b) All provisions in this chapter relating to drivers' licenses, instruction permits, 
2.23 	and provisional licenses, including cancellation, suspension, revocation, reinstatement, 
2.24 	examination, restriction, expiration, renewal, and unlawful acts and violations, apply 
2.25 	to an enhanced driver's license.

2.26 	Sec. 5. Minnesota Statutes 2008, section 171.04, is amended by adding a subdivision 
2.27 	to read:
2.28 		Subd. 3.Persons not eligible for enhanced driver's license. The department shall 
2.29 	not issue an enhanced driver's license to any person who is:
2.30 	(1) under 16 years of age;
2.31 	(2) not a resident of this state; or
2.32 	(3) not a citizen of the United States of America.

3.1 	Sec. 6. Minnesota Statutes 2008, section 171.06, subdivision 1, is amended to read:
3.2 		Subdivision 1.Forms of application. Every application for a Minnesota 
3.3 	identification card, for an instruction permit, for a provisional license, or for a driver's 
3.4 	license must be made in a format approved by the department, and every application 
3.5 	must be accompanied by the proper fee. All first-time applications and change-of-status 
3.6 	applications must be signed in the presence of the person authorized to accept the 
3.7 	application, or the signature on the application may be verified by a notary public. 
3.8 	All applications requiring evidence of legal presence in the United States or United 
3.9 	States citizenship must be signed in the presence of the person authorized to accept the 
3.10 	application, or the signature on the application may be verified by a notary public.

3.11 	Sec. 7. Minnesota Statutes 2008, section 171.06, subdivision 2, is amended to read:
3.12 		Subd. 2.Fees. (a) The fees for a license and Minnesota identification card are 
3.13 	as follows:

3.14	Classified Driver's License
		D-$22.25
	C-$26.25
	B-$33.25
	A-$41.25
	
3.15	Classified Under-21 D.L.
		D-$22.25
	C-$26.25
	B-$33.25
	A-$21.25
	
3.16	Enhanced Driver's License
		D-$37.25
	C-$41.75
	B-$48.25
	 A-$56.25
	
3.17	Instruction Permit
					$10.25
	
3.18
3.19	Enhanced Instruction 
Permit
					$25.25
	
3.20	Provisional License
					$13.25
	
3.21
3.22	Enhanced Provisional 
License
					$28.25
	
3.23
3.24
3.25	Duplicate License or 
duplicate identification 
card
					$11.75
	
3.26
3.27
3.28
3.29	Enhanced Duplicate 
License or enhanced 
duplicate identification 
card
					$26.75
	
3.30
3.31
3.32
3.33
3.34
3.35
3.36	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
	
3.37
3.38	Enhanced Minnesota 
identification card
					$31.25
	
3.39 	In addition to each fee required in this paragraph, the commissioner shall collect a 
3.40 	surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be 
3.41 	credited to the driver and vehicle services technology account in the special revenue fund 
3.42 	under section 299A.705.
4.1 	(b) Notwithstanding paragraph (a), an individual who holds a provisional license and 
4.2 	has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 
4.3 	169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving 
4.4 	violations, and (3) convictions for moving violations that are not crash related, shall have a 
4.5 	$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" 
4.6 	has the meaning given it in section 171.04, subdivision 1.
4.7 	(c) In addition to the driver's license fee required under paragraph (a), the 
4.8 	commissioner shall collect an additional $4 processing fee from each new applicant 
4.9 	or individual renewing a license with a school bus endorsement to cover the costs for 
4.10 	processing an applicant's initial and biennial physical examination certificate. The 
4.11 	department shall not charge these applicants any other fee to receive or renew the 
4.12 	endorsement.

4.13 	Sec. 8. Minnesota Statutes 2009 Supplement, section 171.06, subdivision 3, is 
4.14 	amended to read:
4.15 		Subd. 3.Contents of application; other information. (a) An application must:
4.16 	(1) state the full name, date of birth, sex, and either (i) the residence address of the 
4.17 	applicant, or (ii) designated address under section 5B.05;
4.18 	(2) as may be required by the commissioner, contain a description of the applicant 
4.19 	and any other facts pertaining to the applicant, the applicant's driving privileges, and the 
4.20 	applicant's ability to operate a motor vehicle with safety;
4.21 	(3) state:
4.22 	(i) the applicant's Social Security number; or
4.23 	(ii) if the applicant does not have a Social Security number and is applying for a 
4.24 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
4.25 	that the applicant certifies that the applicant does not have a Social Security number;
4.26 	(4) in the case of an application for an enhanced driver's license or enhanced 
4.27 	identification card, present:
4.28 	(i) proof satisfactory to the commissioner of the applicant's full legal name, United 
4.29 	States citizenship, identity, date of birth, Social Security number, and residence address; 
4.30 	and
4.31 	(ii) a photographic identity document;
4.32 	(5) contain a space where the applicant may indicate a desire to make an anatomical 
4.33 	gift according to paragraph (b);
4.34 	(5) (6) contain a notification to the applicant of the availability of a living will/health 
4.35 	care directive designation on the license under section 171.07, subdivision 7; and
5.1 	(6) (7) contain a space where the applicant may request a veteran designation on 
5.2 	the license under section 171.07, subdivision 15, and the driving record under section 
5.3 	171.12, subdivision 5a.
5.4 	(b) If the applicant does not indicate a desire to make an anatomical gift when 
5.5 	the application is made, the applicant must be offered a donor document in accordance 
5.6 	with section 171.07, subdivision 5. The application must contain statements sufficient to 
5.7 	comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift 
5.8 	Act, chapter 525A, so that execution of the application or donor document will make 
5.9 	the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a 
5.10 	desire to make an anatomical gift. The application must be accompanied by information 
5.11 	describing Minnesota laws regarding anatomical gifts and the need for and benefits of 
5.12 	anatomical gifts, and the legal implications of making an anatomical gift, including the 
5.13 	law governing revocation of anatomical gifts. The commissioner shall distribute a notice 
5.14 	that must accompany all applications for and renewals of a driver's license or Minnesota 
5.15 	identification card. The notice must be prepared in conjunction with a Minnesota organ 
5.16 	procurement organization that is certified by the federal Department of Health and Human 
5.17 	Services and must include:
5.18 	(1) a statement that provides a fair and reasonable description of the organ donation 
5.19 	process, the care of the donor body after death, and the importance of informing family 
5.20 	members of the donation decision; and
5.21 	(2) a telephone number in a certified Minnesota organ procurement organization that 
5.22 	may be called with respect to questions regarding anatomical gifts.
5.23 	(c) The application must be accompanied also by information containing relevant 
5.24 	facts relating to:
5.25 	(1) the effect of alcohol on driving ability;
5.26 	(2) the effect of mixing alcohol with drugs;
5.27 	(3) the laws of Minnesota relating to operation of a motor vehicle while under the 
5.28 	influence of alcohol or a controlled substance; and
5.29 	(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 
5.30 	for alcohol-related violations.

5.31 	Sec. 9. Minnesota Statutes 2008, section 171.07, subdivision 3, is amended to read:
5.32 		Subd. 3. Identification card; fee. (a) Upon payment of the required fee, the 
5.33 	department shall issue to every qualifying applicant a Minnesota identification card. The 
5.34 	department may not issue a Minnesota identification card to an individual who has a 
5.35 	driver's license, other than a limited license. The department may not issue an enhanced 
6.1 	identification card to an individual who is under 16 years of age, not a resident of this 
6.2 	state, or not a citizen of the United States of America. The card must bear a distinguishing 
6.3 	number assigned to the applicant; a colored photograph or an electronically produced 
6.4 	image of the applicant; the applicant's full name and date of birth; either (1) the licensee's 
6.5 	residence address, or (2) the designated address under section 5B.05; a description of the 
6.6 	applicant in the manner as the commissioner deems necessary; and the usual signature of 
6.7 	the applicant. 
6.8 	(b) If the United States Postal Service will not deliver mail to the applicant's 
6.9 	residence address as listed on the Minnesota identification card, then the applicant shall 
6.10 	provide verification from the United States Postal Service that mail will not be delivered 
6.11 	to the applicant's residence address and that mail will be delivered to a specified alternate 
6.12 	mailing address. When an applicant provides an alternate mailing address under this 
6.13 	subdivision, the commissioner shall use the alternate mailing address in lieu of the 
6.14 	applicant's residence address for all notices and mailings to the applicant. 
6.15 	(c) Each identification card issued to an applicant under the age of 21 must be of a 
6.16 	distinguishing color and plainly marked "Under-21." 
6.17 	(d) Each Minnesota identification card must be plainly marked "Minnesota 
6.18 	identification card - not a driver's license." 
6.19 	(e) The fee for a Minnesota identification card is 50 cents when issued to a person 
6.20 	who is developmentally disabled, as defined in section 252A.02, subdivision 2; a 
6.21 	physically disabled person, as defined in section 169.345, subdivision 2; or, a person with 
6.22 	mental illness, as described in section 245.462, subdivision 20, paragraph (c). 

6.23 	Sec. 10. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 
6.24 	to read:
6.25 		Subd. 3b.Enhanced identification card. An enhanced identification card may be 
6.26 	used (1) in the same manner as an identification card, and (2) for purposes of entering 
6.27 	the United States, upon approval by the secretary of the United States Department of 
6.28 	Homeland Security.

6.29 	Sec. 11. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 
6.30 	to read:
6.31 		Subd. 9a.Security for enhanced driver's license and identification card. (a) 
6.32 	An enhanced driver's license or enhanced identification card must include reasonable 
6.33 	security measures to prevent counterfeiting and to protect against unauthorized disclosure 
6.34 	of personal information regarding residents of this state that is contained in the enhanced 
7.1 	driver's license or enhanced identification card. The enhanced driver's license must 
7.2 	include the best available anticounterfeit laminate technology.
7.3 	(b) The enhanced driver's license or enhanced identification card may include radio 
7.4 	frequency identification technology that is limited to a randomly assigned number, which 
7.5 	must be encrypted if agreed to by the United States Department of Homeland Security 
7.6 	and does not include biometric data or any information other than the citizenship status of 
7.7 	the license holder or cardholder. The commissioner shall ensure that the radio frequency 
7.8 	identification technology is secure from unauthorized data access. An applicant must sign 
7.9 	an acknowledgment of understanding of the radio frequency identification technology and 
7.10 	its use for the sole purpose of verifying United States citizenship before being issued an 
7.11 	enhanced driver's license or an enhanced identification card.

7.12 	Sec. 12. Minnesota Statutes 2008, section 171.071, is amended by adding a subdivision 
7.13 	to read:
7.14 		Subd. 3.Exception. Subdivisions 1 and 2 do not apply to the commissioner's 
7.15 	requirements pertaining to a photograph or electronically produced image on an enhanced 
7.16 	driver's license or an enhanced identification card.

7.17 	Sec. 13. AGREEMENT FOR ENHANCED LICENSE AND IDENTIFICATION 
7.18 	CARD.
 7.19 	The commissioner of public safety shall enter into an agreement with the secretary 
7.20 	of the United States Department of Homeland Security to develop an enhanced Minnesota 
7.21 	driver's license and an enhanced Minnesota identification card to be designated by the 
7.22 	secretary as acceptable documents to denote identity and citizenship for purposes of 
7.23 	entering the United States at land and sea ports of entry upon implementation of section 
7.24 	7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, United States 
7.25 	Code, title 8, section 1185 Note.

7.26 	Sec. 14. RULEMAKING.
 7.27 	The commissioner of public safety shall amend Minnesota Rules, parts 7410.0100, 
7.28 	7410.0400, and 7410.0410, so that an applicant for an enhanced driver's license or 
7.29 	enhanced identification card must prove United States citizenship and otherwise comply 
7.30 	with applicable requirements of Minnesota Statutes, section 171.06, subdivision 3. The 
7.31 	amendments must be adopted pursuant to Minnesota Statutes, sections 14.131 to 14.20.

7.32 	Sec. 15. EFFECTIVE DATE.
 8.1 	Sections 13 and 14 are effective the day following final enactment. Sections 1 to 12 
8.2 	are effective June 1, 2010, for every enhanced driver's license and enhanced identification 
8.3 	card that is issued on or after January 1, 2011.