Minnesota Legislature
HF 541
as introduced - 90th Legislature (2017 - 2018) Posted on 01/30/2017 03:54pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 01/26/2017 |
Current Version - as introduced
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A bill for an act
relating to transportation; amending requirements governing driver's licenses and
Minnesota identification cards; amending Minnesota Statutes 2016, section 171.06,
subdivision 3, by adding a subdivision; repealing Minnesota Rules, part 7410.0410,
subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, 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 either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant 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) in the case of an application for an enhanced driver's license or enhanced identification
card, present:
(i) proof satisfactory to the commissioner of the applicant's full legal name, United States
citizenship, identity, date of birth, Social Security number, and residence address; and
(ii) a photographic identity document;
(5) new text begin contain a space where the applicant must attest to a residence address in Minnesota;
new text end
new text begin (6) new text end contain a space where the applicant may indicate a desire to make an anatomical gift
according to paragraph (b);
deleted text begin (6)deleted text end new text begin (7)new text end 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; deleted text begin and
deleted text end
deleted text begin (7)deleted text end new text begin (8)new text end contain a space where the applicant may request a veteran designation on the
license under section 171.07, subdivision 15, and the driving record under section 171.12,
subdivision 5anew text begin ; and
new text end
new text begin (9) contain a section conveying that the applicant is not required to enter a Social Security
number if the person meets the requirements under clause (3), item (ii)new text end .
(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 Darlene Luther Revised Uniform Anatomical Gift Act, chapter
525A, 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.
Sec. 2.
Minnesota Statutes 2016, section 171.06, is amended by adding a subdivision to
read:
new text begin Subd. 3b. new text end
new text begin Application documents. new text end
new text begin
(a) Foreign governmental identification is:
new text end
new text begin
(1) acceptable proof of identity in application for a Minnesota identification card,
instruction permit, or driver's license under this section; and
new text end
new text begin
(2) a primary document for purposes of Minnesota Rules, part 7410.0400.
new text end
new text begin
(b) For purposes of this subdivision, "foreign governmental identification" means the
following accompanying documents:
new text end
new text begin
(1) a valid, unexpired passport that:
new text end
new text begin
(i) is not issued by the United States, the Commonwealth of the Northern Mariana Islands,
the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, or a territory
of the United States; and
new text end
new text begin
(ii) contains the full name and date of birth of the cardholder, and a photograph identifying
the cardholder; and
new text end
new text begin
(2) a certified birth certificate matching the passport.
new text end
new text begin
(c) To be valid under this subdivision, a passport and a birth certificate must each contain
security features that make the document as impervious to alteration as is reasonably
practicable in its design and quality of material and technology, using materials that are not
readily available to the general public.
new text end
new text begin
(d) Any foreign governmental identification document that is not in English must be
accompanied by a qualified English translation.
new text end
Sec. 3. new text begin REPEALER.
new text end
new text begin
Minnesota Rules, part 7410.0410, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and
14,
new text end
new text begin
are repealed.
new text end
Sec. 4. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective January 1, 2018, for a new driver's license, permit, or identification
card, or a renewal, issued on or after that date.
new text end
APPENDIX
Repealed Minnesota Rule: 17-1676
7410.0410 PROOF OF RESIDENCY.
Subpart 1.
Proof of residency required at time of application.
Proof of residency is required at the time of application for an initial driving permit, driver's license, or state 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.
7410.0410 PROOF OF RESIDENCY.
Subp. 2.
Proof of residency at renewal.
A.
Proof of residency is required at the time of application for renewal of a driving permit, driver's license, or state identification card.
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.
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.
7410.0410 PROOF OF RESIDENCY.
Subp. 3.
Documents not sufficient to prove residency.
The presentation of a driver's license, permit, or identification card from another jurisdiction or another United States state 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.
7410.0410 PROOF OF RESIDENCY.
Subp. 4.
Documents sufficient to prove residency.
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 document specified in part 7410.0400, subpart 1 or 2. If the document presented to demonstrate lawful short-term admission does not indicate a date that the admission period ends or if the date has been extended, the applicant must present additional documentation issued under the authority of the United States Department of Justice or the United States Department of Homeland Security that indicates the duration of the applicant's lawful short-term admission status.
7410.0410 PROOF OF RESIDENCY.
7410.0410 PROOF OF RESIDENCY.
Subp. 6.
Lawful short-term admission status.
A.
If the lawful admission period indicated on the federal primary document presented expires in 30 days or more from the date of application for the state driver's license, permit, or identification card, the applicant shall be issued 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.
B.
If the lawful admission period indicated on a presented federal primary document specified in part 7410.0400, subpart 2, expires in less than 30 days from the date of application for the state driver's license, permit, or identification card, the applicant shall be informed at the time of application that no driver's license, permit, or identification card will be issued. If application is made, a receipt for the driver's license, permit, or identification card will be issued.
7410.0410 PROOF OF RESIDENCY.
Subp. 7.
No lawful admission status.
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.
7410.0410 PROOF OF RESIDENCY.
Subp. 8.
Status check date.
A status check date that coincides with the federal lawful admission period indicated on the federal primary document presented or on the additional documentation that indicates the duration of the applicant's lawful short-term admission status shall be indicated on the driver's license, permit, or identification card issued.
7410.0410 PROOF OF RESIDENCY.
Subp. 9.
Reissuance.
A driver's license, permit, or identification card shall be reissued 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 Justice or the United States Department of Homeland Security to indicate extension of the lawful admission period.
A.
If the applicant presents an accepted application from the United States Department of Justice or the United States Department of Homeland Security for an extension of or change in the federal lawful admission period, the driver's license, permit, or identification card will be reissued with a status check date extension of six months from the date of the federal receipt for the extension or change.
(1)
The state document shall be reissued for a second six-month period if the applicant presents a subsequent federal document or information indicating a decision by the federal government on the extension or change of status is still pending.
B.
If the applicant presents a subsequent federal document indicating permanent United States resident status, indefinite authorized presence status, or United States citizenship, a driver's license, permit, or identification card will be reissued without a status check date.
7410.0410 PROOF OF RESIDENCY.
Subp. 10.
Cancellation; denial.
Pursuant to Minnesota Statutes, sections 171.04 and 171.14, the commissioner shall cancel a driver's license, permit, or identification card:
A.
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 Justice or the United States Department of Homeland Security for an application for an extension or change of the lawful admission status; or
B.
when the department receives notice from the United States Department of Justice or the United States Department of Homeland Security that the individual has been deported.
7410.0410 PROOF OF RESIDENCY.
Subp. 11.
Warning notice of possible cancellation.
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 shall 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 applicant will be directly issued a general notice warning of cancellation on the status check date and will be sent a follow-up warning notice as described in items A and B.
B.
The notice shall indicate that:
(1)
the driver's license, permit, or identification card shall be canceled on the status check date;
(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 Justice or the United States Department of Homeland Security for application for an extension or change of the lawful admission period; and
7410.0410 PROOF OF RESIDENCY.
Subp. 12.
Cancellation order.
At least seven days before the status check date, the document holder shall be issued a cancellation order indicating that the driver's license, permit, or identification card is canceled. The notice shall be sent by first class mail to the address shown on department records.
B.
The notice shall indicate application may be made for a new driver's license, permit, or identification card if the individual can present proof to the department of current authorized legal presence in the United States.
7410.0410 PROOF OF RESIDENCY.
7410.0410 PROOF OF RESIDENCY.
Subp. 14.
Fees.
A.
A state document holder who applies for an extension of the status check date on the driver's license, permit, or identification card before expiration of the status check date shall 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.
B.
If the status check date on the driver's license, permit, or identification card has expired and the applicant presents federal documentation indicating an extended lawful admission period or application for an extension or change, the applicant must pay the fee for a duplicate card as specified in Minnesota Statutes, section 171.06.