1.1A bill for an act1.2relating 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; and1.18(3) any nonresident's operating privilege.; and1.19(4) an enhanced driver's license.1.20    Sec. 2. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision 1.21to read:1.22    Subd. 37a.Enhanced driver's license.(a) "Enhanced driver's license" means 1.23a license, instruction permit, or provisional license, as appropriate, to operate a motor 1.24vehicle issued or issuable under the laws of this state by the commissioner of public 2.1safety that denotes citizenship and identity and contains technology and security features 2.2approved 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; and2.6(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 2.8to read:2.9    Subd. 37b.Enhanced identification card.(a) "Enhanced identification card" 2.10means a Minnesota identification card issued or issuable under the laws of this state by 2.11the commissioner of public safety that denotes citizenship and identity and contains 2.12technology and security features approved by the secretary of the United States 2.13Department of Homeland Security. 2.14(b) Unless specifically provided otherwise, "Minnesota identification card" includes 2.15an enhanced identification card.2.16    Sec. 4. Minnesota Statutes 2008, section 171.02, is amended by adding a subdivision 2.17to 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 2.21States Department of Homeland Security.2.22(b) All provisions in this chapter relating to drivers' licenses, instruction permits, 2.23and provisional licenses, including cancellation, suspension, revocation, reinstatement, 2.24examination, restriction, expiration, renewal, and unlawful acts and violations, apply 2.25to an enhanced driver's license.2.26    Sec. 5. Minnesota Statutes 2008, section 171.04, is amended by adding a subdivision 2.27to read:2.28    Subd. 3.Persons not eligible for enhanced driver's license.The department shall 2.29not 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; or2.32(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 3.3identification 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 or United 3.9States citizenship 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:

3.14Classified Driver's LicenseD-$22.25C-$26.25B-$33.25A-$41.253.15Classified Under-21 D.L.D-$22.25C-$26.25B-$33.25A-$21.253.16Enhanced Driver's LicenseD-$37.25C-$41.75B-$48.25 A-$56.253.17Instruction Permit$10.253.183.19Enhanced Instruction Permit$25.253.20Provisional License$13.253.213.22Enhanced Provisional License$28.253.233.243.25Duplicate License or 
                  		duplicate identification 
                  		card$11.753.263.273.283.29Enhanced Duplicate License or enhanced duplicate identification card$26.753.303.313.323.333.343.353.36Minnesota identification 
                  		card or Under-21 
                  		Minnesota identification 
                  		card, other than duplicate, 
                  		except as otherwise 
                  		provided in section 
                  171.07, 
                     		subdivisions 3
                   and 3a$16.253.373.38Enhanced Minnesota identification card$31.25

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; or4.22    (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) in the case of an application for an enhanced driver's license or enhanced 4.26identification card, present:4.27(i) proof satisfactory to the commissioner of the applicant's full legal name, United 4.28States citizenship, identity, date of birth, Social Security number, and residence address; 4.29and4.30(ii) a photographic identity document;4.31(5) contain a space where the applicant may indicate a desire to make an anatomical 4.32gift according to paragraph (b); and4.33    (5) (6) 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; and5.18    (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; and5.26    (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. The department may not issue an enhanced 5.33identification card to an individual who is under 16 years of age, not a resident of this 5.34state, or not a citizen of the United States of America. 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    Subd. 3b.Enhanced identification card.An enhanced identification card may be 6.23used (1) in the same manner as an identification card, and (2) for purposes of entering 6.24the United States, upon approval by the secretary of the United States Department of 6.25Homeland Security.6.26    Sec. 11. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 6.27to read:6.28    Subd. 9a.Security for enhanced driver's license and identification card.(a) 6.29An enhanced driver's license or enhanced identification card must include reasonable 6.30security measures to prevent counterfeiting and to protect against unauthorized disclosure 6.31of personal information regarding residents of this state that is contained in the enhanced 6.32driver's license or enhanced identification card. The enhanced driver's license must 6.33include the best available anticounterfeit laminate technology.7.1(b) The enhanced driver's license or enhanced identification card may include radio 7.2frequency identification technology that is limited to a randomly assigned number, which 7.3must be encrypted if agreed to by the United States Department of Homeland Security 7.4and does not include biometric data or any information other than the citizenship status of 7.5the license holder or cardholder. The commissioner shall ensure that the radio frequency 7.6identification technology is secure from unauthorized data access. An applicant must sign 7.7an acknowledgment of understanding of the radio frequency identification technology and 7.8its use for the sole purpose of verifying United States citizenship before being issued an 7.9enhanced driver's license or an enhanced identification card.7.10    Sec. 12. Minnesota Statutes 2008, section 171.071, is amended by adding a subdivision 7.11to read:7.12    Subd. 3.Exception.Subdivisions 1 and 2 do not apply to the commissioner's 7.13requirements pertaining to a photograph or electronically produced image on an enhanced 7.14driver's license or an enhanced identification card.7.15    Sec. 13. AGREEMENT FOR ENHANCED LICENSE AND IDENTIFICATION 7.16CARD.7.17The commissioner of public safety shall enter into an agreement with the secretary 7.18of the United States Department of Homeland Security to develop an enhanced Minnesota 7.19driver's license and an enhanced Minnesota identification card to be designated by the 7.20secretary as acceptable documents to denote identity and citizenship for purposes of 7.21entering the United States at land and sea ports of entry upon implementation of section 7.227209 of the Intelligence Reform and Terrorism Prevention Act of 2004, United States 7.23Code, title 8, section 1185 Note.7.24    Sec. 14. RULEMAKING.7.25The commissioner of public safety shall amend Minnesota Rules, parts 7410.0100, 7.267410.0400, and 7410.0410, so that an applicant for an enhanced driver's license or 7.27enhanced identification card must prove United States citizenship and otherwise comply 7.28with applicable requirements of Minnesota Statutes, section 171.06, subdivision 3. The 7.29amendments must be adopted pursuant to Minnesota Statutes, sections 14.131 to 14.20.7.30    Sec. 15. EFFECTIVE DATE.8.1Sections 13 and 14 are effective the day following final enactment. Sections 1 to 12 8.2are effective June 1, 2009, for every enhanced driver's license and enhanced identification 8.3card that is issued on or after January 1, 2010.