HF 1005

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/15/2010 01:12pm

A bill for an act
relating to drivers' licenses; creating enhanced driver's license and enhanced
identification card; providing for application, issuance, and appearance of card;
directing commissioner of public safety to seek approval of card by Homeland
Security secretary for proof of identity and citizenship and for use in entering
United States; amending Minnesota Statutes 2008, sections 171.01, subdivision
37, by adding subdivisions; 171.02, by adding a subdivision; 171.04, by adding
a subdivision; 171.06, subdivisions 1, 2; 171.07, subdivision 3, by adding
subdivisions; 171.071, by adding a subdivision; Minnesota Statutes 2009
Supplement, section 171.06, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 171.01, subdivision 37, is amended to read:

Subd. 37.

License.

"License" means any operator's license or any other license or
permit to operate a motor vehicle issued or issuable under the laws of this state by the
commissioner of public safety including:

(1) any temporary license, instruction permit, or provisional license;

(2) the privilege of any person to drive a motor vehicle whether or not the person
holds a valid license; deleted text begin and
deleted text end

(3) any nonresident's operating privilege deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) an enhanced driver's license.
new text end

Sec. 2.

Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
to read:

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
a license, instruction permit, or provisional license, as appropriate, to operate a motor
vehicle issued or issuable under the laws of this state by the commissioner of public
safety that denotes citizenship and identity and contains technology and security features
approved by the secretary of the United States Department of Homeland Security.
new text end

new text begin (b) Unless specifically provided otherwise:
new text end

new text begin (1) "instruction permit" includes an enhanced instruction permit;
new text end

new text begin (2) "provisional license" includes an enhanced provisional license; and
new text end

new text begin (3) "driver's license" includes an enhanced driver's license.
new text end

Sec. 3.

Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 37b. new text end

new text begin Enhanced identification card. new text end

new text begin (a) "Enhanced identification card"
means a Minnesota identification card issued or issuable under the laws of this state by
the commissioner of public safety that denotes citizenship and identity and contains
technology and security features approved by the secretary of the United States
Department of Homeland Security.
new text end

new text begin (b) Unless specifically provided otherwise, "Minnesota identification card" includes
an enhanced identification card.
new text end

Sec. 4.

Minnesota Statutes 2008, section 171.02, is amended by adding a subdivision
to read:

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
(1) in the same manner as a driver's license, instruction permit, or provisional license, and
(2) for purposes of entering the United States, upon approval by the secretary of the United
States Department of Homeland Security.
new text end

new text begin (b) All provisions in this chapter relating to drivers' licenses, instruction permits,
and provisional licenses, including cancellation, suspension, revocation, reinstatement,
examination, restriction, expiration, renewal, and unlawful acts and violations, apply
to an enhanced driver's license.
new text end

Sec. 5.

Minnesota Statutes 2008, section 171.04, is amended by adding a subdivision
to read:

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
not issue an enhanced driver's license to any person who is:
new text end

new text begin (1) under 16 years of age;
new text end

new text begin (2) not a resident of this state; or
new text end

new text begin (3) not a citizen of the United States of America.
new text end

Sec. 6.

Minnesota Statutes 2008, section 171.06, subdivision 1, is amended to read:

Subdivision 1.

Forms of application.

Every application for a Minnesota
identification card, for an instruction permit, for a provisional license, or for a driver's
license must be made in a format approved by the department, and every application
must be accompanied by the proper fee. All first-time applications and change-of-status
applications must be signed in the presence of the person authorized to accept the
application, or the signature on the application may be verified by a notary public.
All applications requiring evidence of legal presence in the United States new text begin or United
States citizenship new text end must be signed in the presence of the person authorized to accept the
application, or the signature on the application may be verified by a notary public.

Sec. 7.

Minnesota Statutes 2008, section 171.06, subdivision 2, is amended to read:

Subd. 2.

Fees.

(a) The fees for a license and Minnesota identification card are
as follows:

Classified Driver's License		D-$22.25	C-$26.25	B-$33.25	A-$41.25
Classified Under-21 D.L.		D-$22.25	C-$26.25	B-$33.25	A-$21.25
new text begin Enhanced Driver's License new text end		new text begin D-$37.25 new text end	new text begin C-$41.25 new text end	new text begin B-$48.25 new text end	new text begin A-$56.25 new text end
Instruction Permit					$10.25
new text begin Enhanced Instruction Permit new text end					new text begin $25.25 new text end
Provisional License					$13.25
new text begin Enhanced Provisional License new text end					new text begin $28.25 new text end
Duplicate License or duplicate identification card					$11.75
new text begin Enhanced Duplicate License or enhanced duplicate identification card new text end					new text begin $26.75 new text end
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
new text begin Enhanced Minnesota identification card new text end					new text begin $31.25 new text end

In addition to each fee required in this paragraph, the commissioner shall collect a
surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be
credited to the driver and vehicle services technology account in the special revenue fund
under section 299A.705.

(b) Notwithstanding paragraph (a), an individual who holds a provisional license and
has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33,
169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving
violations, and (3) convictions for moving violations that are not crash related, shall have a
$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
has the meaning given it in section 171.04, subdivision 1.

(c) In addition to the driver's license fee required under paragraph (a), the
commissioner shall collect an additional $4 processing fee from each new applicant
or individual renewing a license with a school bus endorsement to cover the costs for
processing an applicant's initial and biennial physical examination certificate. The
department shall not charge these applicants any other fee to receive or renew the
endorsement.

Sec. 8.

Minnesota Statutes 2009 Supplement, 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) new text begin in the case of an application for an enhanced driver's license or enhanced
identification card, present:
new text end

new text begin (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
new text end

new text begin (ii) a photographic identity document;
new text end

new text begin (5) 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 (5) deleted text end new text begin (6) 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; and

deleted text begin (6) deleted text end new text begin (7) 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 5a.

(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. 9.

Minnesota Statutes 2008, section 171.07, subdivision 3, is amended to read:

Subd. 3.

Identification card; fee.

(a) Upon payment of the required fee, the
department shall issue to every qualifying applicant a Minnesota identification card. The
department may not issue a Minnesota identification card to an individual who has a
driver's license, other than a limited license. new text begin The department may not issue an enhanced
identification card to an individual who is under 16 years of age, not a resident of this
state, or not a citizen of the United States of America. new text end The card must bear a distinguishing
number assigned to the applicant; a colored photograph or an electronically produced
image of the applicant; the applicant's full name and date of birth; either (1) the licensee's
residence address, or (2) the designated address under section 5B.05; a description of the
applicant in the manner as the commissioner deems necessary; and the usual signature of
the applicant.

(b) If the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the Minnesota identification card, then the applicant shall
provide verification from the United States Postal Service that mail will not be delivered
to the applicant's residence address and that mail will be delivered to a specified alternate
mailing address. When an applicant provides an alternate mailing address under this
subdivision, the commissioner shall use the alternate mailing address in lieu of the
applicant's residence address for all notices and mailings to the applicant.

(c) Each identification card issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) Each Minnesota identification card must be plainly marked "Minnesota
identification card - not a driver's license."

(e) The fee for a Minnesota identification card is 50 cents when issued to a person
who is developmentally disabled, as defined in section 252A.02, subdivision 2; a
physically disabled person, as defined in section 169.345, subdivision 2; or, a person with
mental illness, as described in section 245.462, subdivision 20, paragraph (c).

Sec. 10.

Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision
to read:

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
used (1) in the same manner as an identification card, and (2) for purposes of entering
the United States, upon approval by the secretary of the United States Department of
Homeland Security.
new text end

Sec. 11.

Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision
to read:

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)
An enhanced driver's license or enhanced identification card must include reasonable
security measures to prevent counterfeiting and to protect against unauthorized disclosure
of personal information regarding residents of this state that is contained in the enhanced
driver's license or enhanced identification card. The enhanced driver's license must
include the best available anticounterfeit laminate technology.
new text end

new text begin (b) The enhanced driver's license or enhanced identification card may include radio
frequency identification technology that is limited to a randomly assigned number, which
must be encrypted if agreed to by the United States Department of Homeland Security
and does not include biometric data or any information other than the citizenship status of
the license holder or cardholder. The commissioner shall ensure that the radio frequency
identification technology is secure from unauthorized data access. An applicant must sign
an acknowledgment of understanding of the radio frequency identification technology and
its use for the sole purpose of verifying United States citizenship before being issued an
enhanced driver's license or an enhanced identification card.
new text end

Sec. 12.

Minnesota Statutes 2008, section 171.071, is amended by adding a subdivision
to read:

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
requirements pertaining to a photograph or electronically produced image on an enhanced
driver's license or an enhanced identification card.
new text end

Sec. 13. new text begin AGREEMENT FOR ENHANCED LICENSE AND IDENTIFICATION
CARD.
new text end

new text begin The commissioner of public safety shall enter into an agreement with the secretary
of the United States Department of Homeland Security to develop an enhanced Minnesota
driver's license and an enhanced Minnesota identification card to be designated by the
secretary as acceptable documents to denote identity and citizenship for purposes of
entering the United States at land and sea ports of entry upon implementation of section
7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, United States
Code, title 8, section 1185 Note.
new text end

Sec. 14. new text begin RULEMAKING.
new text end

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

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 13 and 14 are effective the day following final enactment. Sections 1 to 12
are effective June 1, 2012, for every enhanced driver's license and enhanced identification
card that is issued on or after January 1, 2013.
new text end