HF 1005

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:28 p.m.

1.1A bill for an act 1.2relating to drivers' licenses; creating enhanced driver's license and enhanced 1.3identification card; providing for application, issuance, and appearance of card; 1.4directing commissioner of public safety to seek approval of card by Homeland 1.5Security secretary for proof of identity and citizenship and for use in entering 1.6United States; amending Minnesota Statutes 2008, sections 171.01, subdivision 1.737, by adding subdivisions; 171.02, by adding a subdivision; 171.04, by adding 1.8a subdivision; 171.06, subdivisions 1, 2, 3; 171.07, subdivision 3, by adding 1.9subdivisions; 171.071, by adding a subdivision. 1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.11    Section 1. Minnesota Statutes 2008, section 171.01, subdivision 37, is amended to read: 1.12    Subd. 37. License. "License" means any operator's license or any other license or 1.13permit to operate a motor vehicle issued or issuable under the laws of this state by the 1.14commissioner of public safety including: 1.15(1) any temporary license, instruction permit, or provisional license; 1.16(2) the privilege of any person to drive a motor vehicle whether or not the person 1.17holds a valid license; and 1.18(3) any nonresident's operating privilege. new text begin ; and new text end 1.19 new text begin (4) an enhanced driver's license. new text end 1.20    Sec. 2. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision 1.21to read: 1.22     new text begin Subd. 37a. new text end new text begin Enhanced driver's license. new text end new text begin (a) "Enhanced driver's license" means new text end 1.23 new text begin a license, instruction permit, or provisional license, as appropriate, to operate a motor new text end 1.24 new text begin vehicle issued or issuable under the laws of this state by the commissioner of public new text end 2.1 new text begin safety that denotes citizenship and identity and contains technology and security features new text end 2.2 new text begin approved by the secretary of the United States Department of Homeland Security. new text end 2.3 new text begin (b) Unless specifically provided otherwise: new text end 2.4 new text begin (1) "instruction permit" includes an enhanced instruction permit; new text end 2.5 new text begin (2) "provisional license" includes an enhanced provisional license; and new text end 2.6 new text begin (3) "driver's license" includes an enhanced driver's license. new text end 2.7    Sec. 3. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision 2.8to read: 2.9     new text begin Subd. 37b. new text end new text begin Enhanced identification card. new text end new text begin (a) "Enhanced identification card" new text end 2.10 new text begin means a Minnesota identification card issued or issuable under the laws of this state by new text end 2.11 new text begin the commissioner of public safety that denotes citizenship and identity and contains new text end 2.12 new text begin technology and security features approved by the secretary of the United States new text end 2.13 new text begin Department of Homeland Security. new text end 2.14 new text begin (b) Unless specifically provided otherwise, "Minnesota identification card" includes new text end 2.15 new text begin an enhanced identification card. new text end 2.16    Sec. 4. Minnesota Statutes 2008, section 171.02, is amended by adding a subdivision 2.17to read: 2.18     new text begin Subd. 6. new text end new text begin Enhanced driver's license. new text end new text begin (a) An enhanced driver's license may be used new text end 2.19 new text begin (1) in the same manner as a driver's license, instruction permit, or provisional license, and new text end 2.20 new text begin (2) for purposes of entering the United States, upon approval by the secretary of the United new text end 2.21 new text begin States Department of Homeland Security. new text end 2.22 new text begin (b) All provisions in this chapter relating to drivers' licenses, instruction permits, new text end 2.23 new text begin and provisional licenses, including cancellation, suspension, revocation, reinstatement, new text end 2.24 new text begin examination, restriction, expiration, renewal, and unlawful acts and violations, apply new text end 2.25 new text begin to an enhanced driver's license. new text end 2.26    Sec. 5. Minnesota Statutes 2008, section 171.04, is amended by adding a subdivision 2.27to read: 2.28     new text begin Subd. 3. new text end new text begin Persons not eligible for enhanced driver's license. new text end new text begin The department shall new text end 2.29 new text begin not issue an enhanced driver's license to any person who is: new text end 2.30 new text begin (1) under 16 years of age; new text end 2.31 new text begin (2) not a resident of this state; or new text end 2.32 new text begin (3) not a citizen of the United States of America. new text end 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 3.3identification card, for an instruction permit, for a provisional license, or for a driver's 3.4license must be made in a format approved by the department, and every application 3.5must be accompanied by the proper fee. All first-time applications and change-of-status 3.6applications must be signed in the presence of the person authorized to accept the 3.7application, or the signature on the application may be verified by a notary public. 3.8All applications requiring evidence of legal presence in the United States new text begin or United new text end 3.9 new text begin States citizenship new text end must be signed in the presence of the person authorized to accept the 3.10application, 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 3.13as 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 new text begin Enhanced Driver's License new text end new text begin D-$37.25 new text end new text begin C-$41.75 new text end new text begin B-$48.25 new text end new text begin A-$56.25 new text end 3.17 Instruction Permit $10.25 3.18 3.19 new text begin Enhanced Instruction new text end new text begin Permit new text end new text begin $25.25 new text end 3.20 Provisional License $13.25 3.21 3.22 new text begin Enhanced Provisional new text end new text begin License new text end new text begin $28.25 new text end 3.23 3.24 3.25 Duplicate License or duplicate identification card $11.75 3.26 3.27 3.28 3.29 new text begin Enhanced Duplicate new text end new text begin License or enhanced new text end new text begin duplicate identification new text end new text begin card new text end new text begin $26.75 new text end 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 new text begin Enhanced Minnesota new text end new text begin identification card new text end new text begin $31.25 new text end 3.39    In addition to each fee required in this paragraph, the commissioner shall collect a 3.40surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be 3.41credited to the driver and vehicle services technology account in the special revenue fund 3.42under section 299A.705. 4.1    (b) Notwithstanding paragraph (a), an individual who holds a provisional license and 4.2has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 4.3169A.35 , or sections 169A.50 to 169A.53, (2) convictions for crash-related moving 4.4violations, 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" 4.6has 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 4.8commissioner shall collect an additional $4 processing fee from each new applicant 4.9or individual renewing a license with a school bus endorsement to cover the costs for 4.10processing an applicant's initial and biennial physical examination certificate. The 4.11department shall not charge these applicants any other fee to receive or renew the 4.12endorsement. 4.13    Sec. 8. Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read: 4.14    Subd. 3. Contents of application; other information. (a) An application must: 4.15    (1) state the full name, date of birth, sex, and either (i) the residence address of the 4.16applicant, or (ii) designated address under section 5B.05; 4.17    (2) as may be required by the commissioner, contain a description of the applicant 4.18and any other facts pertaining to the applicant, the applicant's driving privileges, and the 4.19applicant's ability to operate a motor vehicle with safety; 4.20    (3) state: 4.21    (i) the applicant's Social Security number; or 4.22    (ii) if the applicant does not have a Social Security number and is applying for a 4.23Minnesota identification card, instruction permit, or class D provisional or driver's license, 4.24that the applicant certifies that the applicant does not have a Social Security number; 4.25    (4) new text begin in the case of an application for an enhanced driver's license or enhanced new text end 4.26 new text begin identification card, present: new text end 4.27 new text begin (i) proof satisfactory to the commissioner of the applicant's full legal name, United new text end 4.28 new text begin States citizenship, identity, date of birth, Social Security number, and residence address; new text end 4.29 new text begin and new text end 4.30 new text begin (ii) a photographic identity document; new text end 4.31 new text begin (5) new text end contain a space where the applicant may indicate a desire to make an anatomical 4.32gift according to paragraph (b); and 4.33    (5) new text begin (6) new text end contain a notification to the applicant of the availability of a living will/health 4.34care directive designation on the license under section 171.07, subdivision 7. 5.1    (b) If the applicant does not indicate a desire to make an anatomical gift when 5.2the application is made, the applicant must be offered a donor document in accordance 5.3with section 171.07, subdivision 5. The application must contain statements sufficient to 5.4comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift 5.5Act, chapter 525A, so that execution of the application or donor document will make 5.6the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a 5.7desire to make an anatomical gift. The application must be accompanied by information 5.8describing Minnesota laws regarding anatomical gifts and the need for and benefits of 5.9anatomical gifts, and the legal implications of making an anatomical gift, including the 5.10law governing revocation of anatomical gifts. The commissioner shall distribute a notice 5.11that must accompany all applications for and renewals of a driver's license or Minnesota 5.12identification card. The notice must be prepared in conjunction with a Minnesota organ 5.13procurement organization that is certified by the federal Department of Health and Human 5.14Services and must include: 5.15    (1) a statement that provides a fair and reasonable description of the organ donation 5.16process, the care of the donor body after death, and the importance of informing family 5.17members of the donation decision; and 5.18    (2) a telephone number in a certified Minnesota organ procurement organization that 5.19may be called with respect to questions regarding anatomical gifts. 5.20    (c) The application must be accompanied also by information containing relevant 5.21facts relating to: 5.22    (1) the effect of alcohol on driving ability; 5.23    (2) the effect of mixing alcohol with drugs; 5.24    (3) the laws of Minnesota relating to operation of a motor vehicle while under the 5.25influence of alcohol or a controlled substance; and 5.26    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 5.27for alcohol-related violations. 5.28    Sec. 9. Minnesota Statutes 2008, section 171.07, subdivision 3, is amended to read: 5.29    Subd. 3. Identification card; fee. (a) Upon payment of the required fee, the 5.30department shall issue to every qualifying applicant a Minnesota identification card. The 5.31department may not issue a Minnesota identification card to an individual who has a 5.32driver's license, other than a limited license. new text begin The department may not issue an enhanced new text end 5.33 new text begin identification card to an individual who is under 16 years of age, not a resident of this new text end 5.34 new text begin state, or not a citizen of the United States of America. new text end The card must bear a distinguishing 5.35number assigned to the applicant; a colored photograph or an electronically produced 6.1image of the applicant; the applicant's full name and date of birth; either (1) the licensee's 6.2residence address, or (2) the designated address under section 5B.05; a description of the 6.3applicant in the manner as the commissioner deems necessary; and the usual signature of 6.4the applicant. 6.5    (b) If the United States Postal Service will not deliver mail to the applicant's 6.6residence address as listed on the Minnesota identification card, then the applicant shall 6.7provide verification from the United States Postal Service that mail will not be delivered 6.8to the applicant's residence address and that mail will be delivered to a specified alternate 6.9mailing address. When an applicant provides an alternate mailing address under this 6.10subdivision, the commissioner shall use the alternate mailing address in lieu of the 6.11applicant's residence address for all notices and mailings to the applicant. 6.12    (c) Each identification card issued to an applicant under the age of 21 must be of a 6.13distinguishing color and plainly marked "Under-21." 6.14    (d) Each Minnesota identification card must be plainly marked "Minnesota 6.15identification card - not a driver's license." 6.16    (e) The fee for a Minnesota identification card is 50 cents when issued to a person 6.17who is developmentally disabled, as defined in section 252A.02, subdivision 2; a 6.18physically disabled person, as defined in section 169.345, subdivision 2; or, a person with 6.19mental illness, as described in section 245.462, subdivision 20, paragraph (c). 6.20    Sec. 10. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 6.21to read: 6.22     new text begin Subd. 3b. new text end new text begin Enhanced identification card. new text end new text begin An enhanced identification card may be new text end 6.23 new text begin used (1) in the same manner as an identification card, and (2) for purposes of entering new text end 6.24 new text begin the United States, upon approval by the secretary of the United States Department of new text end 6.25 new text begin Homeland Security. new text end 6.26    Sec. 11. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 6.27to read: 6.28     new text begin Subd. 9a. new text end new text begin Security for enhanced driver's license and identification card. new text end new text begin (a) new text end 6.29 new text begin An enhanced driver's license or enhanced identification card must include reasonable new text end 6.30 new text begin security measures to prevent counterfeiting and to protect against unauthorized disclosure new text end 6.31 new text begin of personal information regarding residents of this state that is contained in the enhanced new text end 6.32 new text begin driver's license or enhanced identification card. The enhanced driver's license must new text end 6.33 new text begin include the best available anticounterfeit laminate technology. new text end 7.1 new text begin (b) The enhanced driver's license or enhanced identification card may include radio new text end 7.2 new text begin frequency identification technology that is limited to a randomly assigned number, which new text end 7.3 new text begin must be encrypted if agreed to by the United States Department of Homeland Security new text end 7.4 new text begin and does not include biometric data or any information other than the citizenship status of new text end 7.5 new text begin the license holder or cardholder. The commissioner shall ensure that the radio frequency new text end 7.6 new text begin identification technology is secure from unauthorized data access. An applicant must sign new text end 7.7 new text begin an acknowledgment of understanding of the radio frequency identification technology and new text end 7.8 new text begin its use for the sole purpose of verifying United States citizenship before being issued an new text end 7.9 new text begin enhanced driver's license or an enhanced identification card. new text end 7.10    Sec. 12. Minnesota Statutes 2008, section 171.071, is amended by adding a subdivision 7.11to read: 7.12     new text begin Subd. 3. new text end new text begin Exception. new text end new text begin Subdivisions 1 and 2 do not apply to the commissioner's new text end 7.13 new text begin requirements pertaining to a photograph or electronically produced image on an enhanced new text end 7.14 new text begin driver's license or an enhanced identification card. new text end 7.15    Sec. 13. new text begin AGREEMENT FOR ENHANCED LICENSE AND IDENTIFICATION new text end 7.16 new text begin CARD. new text end 7.17 new text begin The commissioner of public safety shall enter into an agreement with the secretary new text end 7.18 new text begin of the United States Department of Homeland Security to develop an enhanced Minnesota new text end 7.19 new text begin driver's license and an enhanced Minnesota identification card to be designated by the new text end 7.20 new text begin secretary as acceptable documents to denote identity and citizenship for purposes of new text end 7.21 new text begin entering the United States at land and sea ports of entry upon implementation of section new text end 7.22 new text begin 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, United States new text end 7.23 new text begin Code, title 8, section 1185 Note. new text end 7.24    Sec. 14. new text begin RULEMAKING. new text end 7.25 new text begin The commissioner of public safety shall amend Minnesota Rules, parts 7410.0100, new text end 7.26 new text begin 7410.0400, and 7410.0410, so that an applicant for an enhanced driver's license or new text end 7.27 new text begin enhanced identification card must prove United States citizenship and otherwise comply new text end 7.28 new text begin with applicable requirements of Minnesota Statutes, section 171.06, subdivision 3. The new text end 7.29 new text begin amendments must be adopted pursuant to Minnesota Statutes, sections 14.131 to 14.20. new text end 7.30    Sec. 15. new text begin EFFECTIVE DATE. new text end 8.1 new text begin Sections 13 and 14 are effective the day following final enactment. Sections 1 to 12 new text end 8.2 new text begin are effective June 1, 2009, for every enhanced driver's license and enhanced identification new text end 8.3 new text begin card that is issued on or after January 1, 2010. new text end