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SF 271

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/19/2013 12:56pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

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A bill for an act
relating to transportation; modifying application procedures and requirements for
driver's license; creating driving privilege license and setting fee for issuance;
amending Minnesota Statutes 2012, sections 171.01, subdivisions 37, 49a, by
adding a subdivision; 171.06, subdivisions 1, 2, 3; 171.07, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 171.01, is amended by adding a
subdivision to read:


new text begin Subd. 31c. new text end

new text begin Driving privilege license. new text end

new text begin "Driving privilege license" means a class
D license, instruction permit, or provisional license to operate a motor vehicle issued or
issuable under the laws of this state by the commissioner of public safety to a person who
is unable to demonstrate legal presence in this country through current lawful admission
status, permanent resident status, indefinite authorized presence status, or United
States citizenship. A driving privilege license may be used only for driving and not as
identification or proof of legal presence or citizenship. A driving privilege license must not
be used or accepted for voter registration purposes under section 201.061. 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 a driving privilege license.
new text end

Sec. 2.

Minnesota Statutes 2012, 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 licensenew text begin, driving privilege licensenew text end, 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; and

(3) any nonresident's operating privilege.

Sec. 3.

Minnesota Statutes 2012, section 171.01, subdivision 49a, is amended to read:


Subd. 49a.

Valid license; valid driver's license.

"Valid license," "valid driver's
license," "valid Minnesota driver's license," "valid standard driver's license," or other
similar term, means any operator's license, provisional licensenew text begin, driving privilege licensenew text end,
temporary license, limited license, permit, or other license to operate a motor vehicle
issued or issuable under the laws of this state by the commissioner, or by another state or
jurisdiction if specified, that is:

(1) not expired, suspended, revoked, or canceled; and

(2) not disqualified for the class of vehicle being operated.

Sec. 4.

Minnesota Statutes 2012, section 171.06, subdivision 1, is amended to read:


Subdivision 1.

Forms of application.

Every application for a Minnesota
identification card, for an enhanced identification card, for an instruction permit, for
a provisional license, for a driver's licensenew text begin, driving privilege licensenew text end, or for an enhanced
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 or United
States citizenship 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. 5.

Minnesota Statutes 2012, 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-$17.25
C-$21.25
B-$28.25
A-$36.25
Classified Under-21 D.L.
D-$17.25
C-$21.25
B-$28.25
A-$16.25
new text begin Driving Privilege License
new text end
new text begin D-$17.25
new text end
new text begin -
new text end
new text begin -
new text end
new text begin -
new text end
Enhanced Driver's License
D-$32.25
C-$36.25
B-$43.25
A-$51.25
Instruction Permit
$5.25
Enhanced Instruction
Permit
$20.25
Provisional License
$8.25
Enhanced Provisional
License
$23.25
Duplicate License or
duplicate identification
card
$6.75
Enhanced Duplicate
License or enhanced
duplicate identification
card
$21.75
Minnesota identification
card or Under-21
Minnesota identification
card, other than duplicate,
except as otherwise
provided in section 171.07,
subdivisions 3
and 3a
$11.25
Enhanced Minnesota
identification card
$26.25

In addition to each fee required in this paragraph, the commissioner shall collect a
surcharge of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30,
2016. 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.

(d) In addition to the fee required under paragraph (a), a driver's license agent may
charge and retain a filing fee as provided under section 171.061, subdivision 4.

(e) In addition to the fee required under paragraph (a), the commissioner shall
charge a filing fee at the same amount as a driver's license agent under section 171.061,
subdivision 4. Revenue collected under this paragraph must be deposited in the driver
services operating account.

(f) An application for a Minnesota identification card, instruction permit, provisional
licensenew text begin, driving privilege licensenew text end, or driver's license, including an application for renewal,
must contain a provision that allows the applicant to add to the fee under paragraph (a),
a $2 donation for the purposes of public information and education on anatomical gifts
under section 171.075.

Sec. 6.

Minnesota Statutes 2012, section 171.06, subdivision 3, is amended to read:


Subd. 3.

deleted text beginContents ofdeleted text end Applicationdeleted text begin; other informationdeleted text endnew text begin requirementsnew text end.

(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) contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b);

(6) 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 beginand
deleted text end

(7) 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 5adeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) contain a space where the applicant must attest to a residence address in
Minnesota.
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.

new text begin (d) A government identification card is:
new text end

new text begin (1) an acceptable form of proof of identity in application for a Minnesota
identification card, instruction permit, or driver's license; 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 (e) For purposes of this section, "government identification card" means a valid,
unexpired passport issued by a country other than the United States with a certified birth
certificate from a country other than the United States, the District of Columbia, Guam,
Puerto Rico, or the United States Virgin Islands. A passport and birth certificate under this
paragraph must have 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. Any document not in English
must be accompanied by a qualified English translation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2014.
new text end

Sec. 7.

Minnesota Statutes 2012, section 171.07, subdivision 1, is amended to read:


Subdivision 1.

License; contents.

(a) Upon the payment of the required fee, the
department shall 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 a distinguishing number assigned to the licensee; the licensee'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 licensee in a manner as the commissioner deems
necessary; and the usual signature of the licensee. 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.new text begin A driving privilege license must be plainly
marked "FOR DRIVING ONLY."
new text end

(b) If the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the license, 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) Every license issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) The department shall use processes in issuing a license that prohibit, as nearly as
possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
photograph or electronically produced image on a license, without ready detection.

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

Sec. 8. new text beginELECTION JUDGE TRAINING.
new text end

new text begin The secretary of state shall inform each county auditor that a driving privilege
license as defined in Minnesota Statutes, section 171.01, subdivision 31c, must not be used
or accepted for voter registration purposes under Minnesota Statutes, section 201.061.
Each county auditor must inform all election officials and election judges hired for an
election that a driving privilege license must not be used or accepted for voter registration
purposes under Minnesota Statutes, section 201.061. County auditors and municipal
clerks must include this information in all election judge training courses.
new text end

Sec. 9. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2014, for a new driver's license, permit, or
identification card, and a renewal issued on or after that date.
new text end