HF 5080

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 11:22am

A bill for an act
relating to motor vehicles; providing for drivers' licenses; allowing applicants to
designate a secondary mailing address for drivers' licenses and identification cards;
appropriating money; amending Minnesota Statutes 2022, sections 171.01, by
adding a subdivision; 171.06, by adding a subdivision; Minnesota Statutes 2023
Supplement, sections 171.06, subdivision 3; 171.07, subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2022, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 46a. new text end

new text begin Secondary mailing address. new text end

new text begin "Secondary mailing address" means the mailing
address of any place where a person regularly or occasionally stays and may receive mail
in their name other than the person's residence address. A secondary mailing address does
not include the designated address under section 5B.05.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 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 deleted text begin either deleted text end (i) the residence address of the
applicant, new text begin (ii) a secondary mailing address under subdivision 3c, which may be indicated
in addition to the residence address or designated address, new text end or deleted text begin (ii) deleted text end new text begin (iii) a new text end 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 elects not to specify a Social Security number;

(4) 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;

(5) include a method for the applicant to:

(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;

(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);

(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c;

(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b;

(v) indicate the applicant's race and ethnicity; and

(vi) indicate caretaker information as provided under section 171.12, subdivision 5c;
and

(6) meet the requirements under section 201.161, subdivision 3.

(b) Applications must be accompanied by satisfactory evidence demonstrating:

(1) identity, date of birth, and any legal name change if applicable; and

(2) for deleted text begin driver's deleted text end new text begin drivers' new text end licenses and Minnesota identification cards that meet all
requirements of the REAL ID Act:

(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;

(ii) Social Security number, or related documentation as applicable; and

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:

(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and

(2) a photographic identity document.

(d) A valid Department of Corrections or Federal Bureau of Prisons identification card
containing the applicant's full name, date of birth, and photograph issued to the applicant
is an acceptable form of proof of identity in an application for an identification card,
instruction permit, or driver's license as a secondary document for purposes of Minnesota
Rules, part 7410.0400, and successor rules.

(e) An application form must not provide for identification of (1) the accompanying
documents used by an applicant to demonstrate identity, or (2) except as provided in
paragraphs (b) and (c), the applicant's citizenship, immigration status, or lawful presence
in the United States. The commissioner and a driver's license agent must not inquire about
an applicant's citizenship, immigration status, or lawful presence in the United States, except
as provided in paragraphs (b) and (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to applications
made on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 171.06, is amended by adding a subdivision to
read:

new text begin Subd. 3c. new text end

new text begin Secondary mailing address; licenses and identification cards. new text end

new text begin (a) The
department must allow an applicant to designate a secondary mailing address upon application
for:
new text end

new text begin (1) an identification card, including an enhanced identification card; or
new text end

new text begin (2) a driver's license, including:
new text end

new text begin (i) an instruction permit;
new text end

new text begin (ii) a provisional license;
new text end

new text begin (iii) a noncompliant driver's license;
new text end

new text begin (iv) a REAL ID driver's license; and
new text end

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

new text begin The secondary mailing address is separate from the applicant's residence address listed on
the identification card or license. When an applicant designates a secondary mailing address
under this subdivision, the commissioner must use the secondary mailing address in lieu of
the applicant's residence address for delivery of the identification card or driver's license.
new text end

new text begin (b) An applicant must designate a secondary mailing address for:
new text end

new text begin (1) each subsequent renewal of a driver's license or identification card issued under
section 171.07, subdivision 1 or 3; or
new text end

new text begin (2) an application for a duplicate driver's license or identification card issued under
section 171.10 if the person designated a secondary mailing address in the initial application
for a driver's license or identification card.
new text end

new text begin (c) Except for payment of fees required under section 171.10, subdivision 1, the
commissioner must not charge a fee for the designation of a secondary mailing address.
new text end

new text begin (d) Nothing in this section may be construed to modify or remove proof of residency
requirements at the time of application for an initial driver's permit, driver's license, or
identification card.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to applications
made on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 171.07, subdivision 1, is amended
to read:

Subdivision 1.

License; contents and design.

(a) Upon the payment of the required fee,
the department deleted text begin shall deleted text end new text begin must new text end issue to every qualifying applicant a license designating the type
or class of vehicles the applicant is authorized to drive as applied for. This license must
bear: (1) a distinguishing number assigned to the licensee; (2) the licensee's full name and
date of birth; (3) either (i) the licensee's residence address, or (ii) the designated address
under section 5B.05; (4) a description of the licensee in a manner as the commissioner
deems necessary; (5) the usual signature of the licensee; and (6) designations and markings
as provided in this section. No license is valid unless it bears the usual signature of the
licensee. Every license must bear a colored photograph or an electronically produced image
of the licensee.

(b) If the United States Postal Service will not deliver mail to new text begin (1) new text end the applicant's residence
address as listed on the license, new text begin or (2) the applicant's designated secondary mailing address,
new text end then the applicant deleted text begin shall deleted text end new text begin must new text end provide verification from the United States Postal Service that
mail will not be delivered to the applicant's residence address new text begin or designated secondary
mailing address new text end and that mail will be delivered to a specified alternate mailing address new text begin ,
which must be distinct from the designated secondary mailing address in section 171.06,
subdivision 3c new text end . When an applicant provides an alternate mailing address under this
subdivision, the commissioner deleted text begin shall deleted text end new text begin must new text end use the alternate mailing address in lieu of the
applicant's residence address new text begin or designated secondary mailing address new text end for all notices and
mailings to the applicant.

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

(d) A license issued to an applicant age 65 or over must be plainly marked "senior" if
requested by the applicant.

(e) Except for a noncompliant license, a license must bear a distinguishing indicator for
compliance with requirements of the REAL ID Act.

(f) A noncompliant license must:

(1) be marked "not for federal identification" on the face and in the machine-readable
portion;

(2) have a unique design or color indicator for purposes of the REAL ID Act; and

(3) bear no indicator or design that relates to the lawful presence or the citizenship of
the license holder.

(g) A REAL ID compliant license issued to a person with temporary lawful status or
admission period must be marked "temporary" on the face and in the machine-readable
portion.

(h) A license must display the licensee's full name or no fewer than 39 characters of the
name. Any necessary truncation must begin with the last character of the middle name and
proceed through the second letter of the middle name, followed by the last character of the
first name and proceeding through the second letter of the first name.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to applications
made on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2023 Supplement, section 171.07, subdivision 3, is amended
to read:

Subd. 3.

Identification card; content and design; 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. 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. The card must bear: (1) a distinguishing
number assigned to the applicant; (2) a colored photograph or an electronically produced
image of the applicant; (3) the applicant's full name and date of birth; (4) either (i) the
licensee's residence address, or (ii) the designated address under section 5B.05; (5) a
description of the applicant in the manner as the commissioner deems necessary; (6) the
usual signature of the applicant; and (7) designations and markings provided under this
section.

(b) If the United States Postal Service will not deliver mail to new text begin (1) new text end the applicant's residence
address as listed on the Minnesota identification card, new text begin or (2) the applicant's designated
secondary mailing address, new text end then the applicant deleted text begin shall deleted text end new text begin must new text end provide verification from the United
States Postal Service that mail will not be delivered to the applicant's residence address new text begin or
designated secondary mailing address new text end and that mail will be delivered to a specified alternate
mailing address new text begin , which must be distinct from a designated secondary mailing address in
section 171.06, subdivision 3c new text end . When an applicant provides an alternate mailing address
under this subdivision, the commissioner deleted text begin shall deleted text end new text begin must new text end use the alternate mailing address in
lieu of the applicant's residence address new text begin or designated secondary mailing address new text end 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) Except for a noncompliant identification card, a Minnesota identification card must
bear a distinguishing indicator for compliance with requirements of the REAL ID Act.

(f) A noncompliant identification card must:

(1) be marked "not for federal identification" on the face and in the machine-readable
portion;

(2) have a unique design or color indicator for purposes of the REAL ID Act; and

(3) bear no indicator or design that relates to the lawful presence or the citizenship of
the identification card holder.

(g) A REAL ID compliant Minnesota identification card issued to a person with temporary
lawful status or admission period must be marked "temporary" on the face and in the
machine-readable portion.

(h) A Minnesota identification card must display the cardholder's full name or no fewer
than 39 characters of the name. Any necessary truncation must begin with the last character
of the middle name and proceed through the second letter of the middle name, followed by
the last character of the first name and proceeding through the second letter of the first name.

(i) 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).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to applications
made on or after that date.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2025 is appropriated from the driver and vehicle services operating
account in the special revenue fund to the commissioner of public safety for costs related
to implementing and administering the designation of a secondary mailing address for
drivers' licenses and identification cards required under Minnesota Statutes, sections 171.06,
subdivision 3c, and 171.07, subdivisions 1 and 3. This is a onetime appropriation and is
available until June 30, 2026.
new text end