SF 1103

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; providing for additional 
  1.3             identity and residency information to obtain driver's 
  1.4             license or identification card; specifying personal 
  1.5             information to be shown on license or card; providing 
  1.6             for expiration of license or card upon expiration of 
  1.7             licensee's federal admission period; requiring 
  1.8             identity information and personal appearance to obtain 
  1.9             duplicate license; requiring proof of residency at 
  1.10            renewal; acquiring right-of-way from common interest 
  1.11            ownership communities; directing registrar to reissue 
  1.12            certain licenses and cards; amending Minnesota 
  1.13            Statutes 2002, sections 171.06, subdivision 3, by 
  1.14            adding a subdivision; 171.07, subdivisions 1, 3, 4; 
  1.15            171.10, subdivision 1; 171.27; 515B.1-107; 515B.3-102. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2002, section 171.06, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 
  1.20  An application must: 
  1.21     (1) state the full name, date of birth, sex, and Minnesota 
  1.22  residence address of the applicant; 
  1.23     (2) as may be required by the commissioner, contain a 
  1.24  description of the applicant and any other facts pertaining to 
  1.25  the applicant, the applicant's driving privileges, and the 
  1.26  applicant's ability to operate a motor vehicle with safety; 
  1.27     (3) for a class C, class B, or class A driver's license, 
  1.28  state the applicant's social security number or, for a class D 
  1.29  driver's license, have a space for the applicant's social 
  1.30  security number and state that providing the number is optional, 
  2.1   or otherwise convey that the applicant is not required to enter 
  2.2   the social security number; 
  2.3      (4) contain a space where the applicant may indicate a 
  2.4   desire to make an anatomical gift according to paragraph (b); 
  2.5   and 
  2.6      (5) contain a notification to the applicant of the 
  2.7   availability of a living will/health care directive designation 
  2.8   on the license under section 171.07, subdivision 7.  
  2.9      (b) If the applicant does not indicate a desire to make an 
  2.10  anatomical gift when the application is made, the applicant must 
  2.11  be offered a donor document in accordance with section 171.07, 
  2.12  subdivision 5.  The application must contain statements 
  2.13  sufficient to comply with the requirements of the Uniform 
  2.14  Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 
  2.15  that execution of the application or donor document will make 
  2.16  the anatomical gift as provided in section 171.07, subdivision 
  2.17  5, for those indicating a desire to make an anatomical gift.  
  2.18  The application must be accompanied by information describing 
  2.19  Minnesota laws regarding anatomical gifts and the need for and 
  2.20  benefits of anatomical gifts, and the legal implications of 
  2.21  making an anatomical gift, including the law governing 
  2.22  revocation of anatomical gifts.  The commissioner shall 
  2.23  distribute a notice that must accompany all applications for and 
  2.24  renewals of a driver's license or Minnesota identification 
  2.25  card.  The notice must be prepared in conjunction with a 
  2.26  Minnesota organ procurement organization that is certified by 
  2.27  the federal Department of Health and Human Services and must 
  2.28  include: 
  2.29     (1) a statement that provides a fair and reasonable 
  2.30  description of the organ donation process, the care of the donor 
  2.31  body after death, and the importance of informing family members 
  2.32  of the donation decision; and 
  2.33     (2) a telephone number in a certified Minnesota organ 
  2.34  procurement organization that may be called with respect to 
  2.35  questions regarding anatomical gifts. 
  2.36     (c) The application must be accompanied also by information 
  3.1   containing relevant facts relating to:  
  3.2      (1) the effect of alcohol on driving ability; 
  3.3      (2) the effect of mixing alcohol with drugs; 
  3.4      (3) the laws of Minnesota relating to operation of a motor 
  3.5   vehicle while under the influence of alcohol or a controlled 
  3.6   substance; and 
  3.7      (4) the levels of alcohol-related fatalities and accidents 
  3.8   in Minnesota and of arrests for alcohol-related violations. 
  3.9      Sec. 2.  Minnesota Statutes 2002, section 171.06, is 
  3.10  amended by adding a subdivision to read: 
  3.11     Subd. 3b.  [PROOF OF IDENTITY.] (a) An applicant must 
  3.12  provide proof of identity and residency satisfactory to the 
  3.13  department, which must include a Minnesota driver's license, 
  3.14  Minnesota identification card, or permit if one of these has 
  3.15  been issued to the applicant.  If one of these documents has not 
  3.16  been issued to the applicant, the applicant must present one 
  3.17  primary document and one secondary document satisfactory to the 
  3.18  department. 
  3.19     (b) If there has been a change in the applicant's legal 
  3.20  full name as it appears on the presented documents, the 
  3.21  applicant must present evidence satisfactory to the commissioner 
  3.22  of the change of name. 
  3.23     Sec. 3.  Minnesota Statutes 2002, section 171.07, 
  3.24  subdivision 1, is amended to read: 
  3.25     Subdivision 1.  [LICENSE; CONTENTS.] (a) Upon the payment 
  3.26  of the required fee, the department shall issue to every 
  3.27  qualifying applicant a license designating the type or class of 
  3.28  vehicles the applicant is authorized to drive as applied for.  
  3.29  This license must bear a distinguishing number assigned to the 
  3.30  licensee, the full name, date of birth, residence address and 
  3.31  permanent mailing address if different,; a description of the 
  3.32  licensee in a manner as the commissioner deems necessary, which 
  3.33  consists only of the applicant's height in feet and inches, 
  3.34  weight in pounds, eye color, and sex; and the usual signature of 
  3.35  the licensee.  No license is valid unless it bears the usual 
  3.36  signature of the licensee.  Every license must bear a colored 
  4.1   photograph or an electronically produced image of the licensee. 
  4.2      (b) Every license issued to an applicant under the age of 
  4.3   21 must be of a distinguishing color and plainly marked 
  4.4   "Under-21." 
  4.5      (c) The department shall use processes in issuing a license 
  4.6   that prohibit, as nearly as possible, the ability to alter or 
  4.7   reproduce a license, or prohibit the ability to superimpose a 
  4.8   photograph or electronically produced image on a license, 
  4.9   without ready detection. 
  4.10     (d) A license issued to an applicant age 65 or over must be 
  4.11  plainly marked "senior" if requested by the applicant. 
  4.12     Sec. 4.  Minnesota Statutes 2002, section 171.07, 
  4.13  subdivision 3, is amended to read: 
  4.14     Subd. 3.  [IDENTIFICATION CARD; FEE.] (a) Upon payment of 
  4.15  the required fee, the department shall issue to every qualifying 
  4.16  applicant a Minnesota identification card.  The department may 
  4.17  not issue a Minnesota identification card to a person who has a 
  4.18  driver's license, other than a limited license, from any 
  4.19  jurisdiction, or has an identification card from any 
  4.20  jurisdiction, unless and until the person's license or 
  4.21  identification card from any jurisdiction has been invalidated.  
  4.22  The card must bear a distinguishing number assigned to the 
  4.23  applicant; a colored photograph or an electronically produced 
  4.24  image of the applicant; the applicant's full name, date of 
  4.25  birth, and residence address; a description of the applicant in 
  4.26  the manner as the commissioner deems necessary, which consists 
  4.27  only of the applicant's height in feet and inches, weight in 
  4.28  pounds, eye color, and sex; and the usual signature of the 
  4.29  applicant. 
  4.30     (b) Each identification card issued to an applicant under 
  4.31  the age of 21 must be of a distinguishing color and plainly 
  4.32  marked "Under-21." 
  4.33     (c) Each Minnesota identification card must be plainly 
  4.34  marked "Minnesota identification card - not a driver's license." 
  4.35     (d) The fee for a Minnesota identification card is 50 cents 
  4.36  when issued to a person who is mentally retarded, as defined in 
  5.1   section 252A.02, subdivision 2; a physically disabled person, as 
  5.2   defined in section 169.345, subdivision 2; or, a person with 
  5.3   mental illness, as described in section 245.462, subdivision 20, 
  5.4   paragraph (c). 
  5.5      Sec. 5.  Minnesota Statutes 2002, section 171.07, 
  5.6   subdivision 4, is amended to read: 
  5.7      Subd. 4.  [EXPIRATION.] (a) Except as otherwise provided in 
  5.8   this subdivision, the expiration date of Minnesota 
  5.9   identification cards of applicants under the age of 65 shall be 
  5.10  the birthday of the applicant in the fourth year following the 
  5.11  date of issuance of the card. 
  5.12     (b) Minnesota identification cards issued to applicants age 
  5.13  65 or over shall be valid for the lifetime of the applicant. 
  5.14     (c) The expiration date for an Under-21 identification card 
  5.15  is the cardholder's 21st birthday.  The commissioner shall issue 
  5.16  an identification card to a holder of an Under-21 identification 
  5.17  card who applies for the card, pays the required fee, and 
  5.18  presents proof of identity and age, unless the commissioner 
  5.19  determines that the applicant is not qualified for the 
  5.20  identification card. 
  5.21     (d) The expiration date for a Minnesota identification card 
  5.22  issued to an applicant with lawful short-term admission status 
  5.23  must be the date that coincides with expiration of the federal 
  5.24  admission period or four years after the date of issuance, 
  5.25  whichever date first occurs. 
  5.26     Sec. 6.  Minnesota Statutes 2002, section 171.10, 
  5.27  subdivision 1, is amended to read: 
  5.28     Subdivision 1.  [DUPLICATE LICENSE.] In the event that an 
  5.29  instruction permit, provisional license, or driver's license 
  5.30  issued under the provisions of this chapter is lost or 
  5.31  destroyed, or becomes illegible, the person to whom the same was 
  5.32  issued shall obtain a duplicate thereof, furnishing proof 
  5.33  satisfactory to the department that such permit or license has 
  5.34  been lost or destroyed or has become illegible, and make payment 
  5.35  of the required fee.  If the permit or license was originally 
  5.36  issued to an applicant with short-term admission status, the 
  6.1   licensee may not obtain a duplicate license except in person and 
  6.2   upon submission of an identification document satisfactory to 
  6.3   the commissioner. 
  6.4      Sec. 7.  Minnesota Statutes 2002, section 171.27, is 
  6.5   amended to read: 
  6.6      171.27 [EXPIRATION OF LICENSE.] 
  6.7      Subdivision 1.  [DRIVER'S LICENSE.] Except as otherwise 
  6.8   provided in this section, the expiration date for each driver's 
  6.9   license, other than under-21 licenses, is the birthday of the 
  6.10  driver in the fourth year following the date of issuance of the 
  6.11  license.  The birthday of the driver shall be as indicated on 
  6.12  the application for a driver's license.  A license may be 
  6.13  renewed on or before expiration or within one year after 
  6.14  expiration upon application, payment of the required fee, and 
  6.15  passing the examination required of all drivers for renewal.  
  6.16  Driving privileges shall be extended or renewed on or preceding 
  6.17  the expiration date of an existing driver's license unless the 
  6.18  commissioner believes that the licensee is no longer qualified 
  6.19  as a driver.  
  6.20     Subd. 2.  [UNDER-21 LICENSE.] The expiration date for each 
  6.21  under-21 license shall be the 21st birthday of the licensee or 
  6.22  the date of expiration of short-term admission status, whichever 
  6.23  occurs earlier.  Upon the licensee attaining the age of 21 and 
  6.24  upon the application, payment of the required fee, and passing 
  6.25  the examination required of all drivers for renewal, a driver's 
  6.26  license shall be issued unless the commissioner determines that 
  6.27  the licensee is no longer qualified as a driver. 
  6.28     Subd. 3.  [PROVISIONAL LICENSE.] The expiration date for 
  6.29  each provisional license is two years after the date of 
  6.30  application for the provisional license or the date of 
  6.31  expiration of short-term admission status, whichever occurs 
  6.32  earlier. 
  6.33     Subd. 4.  [LICENSE HELD BY PERSON SERVING IN ARMED FORCES.] 
  6.34  Any valid Minnesota driver's license issued to a person then or 
  6.35  subsequently on active duty with the Armed Forces of the United 
  6.36  States, or the person's spouse, shall continue in full force and 
  7.1   effect without requirement for renewal until 90 days after the 
  7.2   date of the person's discharge from such service, provided that 
  7.3   a spouse's license must be renewed if the spouse is residing 
  7.4   within the state at the time the license expires or within 90 
  7.5   days after the spouse returns to Minnesota and resides within 
  7.6   the state. 
  7.7      Subd. 5.  [LICENSE HELD BY PERSON WITH LAWFUL SHORT-TERM 
  7.8   ADMISSION STATUS.] The expiration date for a Minnesota driver's 
  7.9   license issued to an applicant with lawful short-term admission 
  7.10  status must be the date that coincides with expiration of the 
  7.11  federal admission period or four years after the date of 
  7.12  issuance, whichever date first occurs. 
  7.13     Subd. 6.  [PROOF OF RESIDENCY AT RENEWAL.] Proof of 
  7.14  residency is required at the time of application for renewal of 
  7.15  a driving permit, driver's license, or state identification card.
  7.16     Sec. 8.  Minnesota Statutes 2002, section 515B.1-107, is 
  7.17  amended to read: 
  7.18     515B.1-107 [EMINENT DOMAIN.] 
  7.19     (a) If a unit is acquired by eminent domain, or if part of 
  7.20  a unit is acquired by eminent domain leaving the unit owner with 
  7.21  a remnant which may not practically or lawfully be used for any 
  7.22  material purpose permitted by the declaration, the award shall 
  7.23  compensate the unit owner and secured party in the unit as their 
  7.24  interests may appear, whether or not any common element interest 
  7.25  is acquired.  Upon acquisition, unless the order or final 
  7.26  certificate otherwise provides, that unit's allocated interests 
  7.27  are automatically reallocated among the remaining units in 
  7.28  proportion to their respective allocated interests prior to the 
  7.29  taking, and the association shall promptly prepare, execute, and 
  7.30  record an amendment to the declaration reflecting the 
  7.31  allocations.  Any remnant of a unit remaining after part of a 
  7.32  unit is taken under this subsection is thereafter a common 
  7.33  element. 
  7.34     (b) Except as provided in subsection (a), if part of a unit 
  7.35  is acquired by eminent domain, the award shall compensate the 
  7.36  unit owner and secured party for the reduction in value of the 
  8.1   unit and its interest in the common elements, whether or not any 
  8.2   common elements are acquired.  Upon acquisition, unless the 
  8.3   order or final certificate otherwise provides, (i) that unit's 
  8.4   allocated interests are reduced in proportion to the reduction 
  8.5   in the size of the unit, or on any other basis specified in the 
  8.6   declaration and (ii) the portion of the allocated interests 
  8.7   divested from the partially acquired unit are automatically 
  8.8   reallocated to that unit and to the remaining units in 
  8.9   proportion to the respective allocated interests of those units 
  8.10  before the taking, with the partially acquired unit 
  8.11  participating in the reallocation on the basis of its reduced 
  8.12  allocated interests. 
  8.13     (c) If part of the common elements is acquired by eminent 
  8.14  domain, the association shall accept service of process on 
  8.15  behalf of all unit owners and the portion of the award 
  8.16  attributable to the common elements taken shall be paid to the 
  8.17  association.  Unless the declaration provides otherwise, any 
  8.18  portion of the award attributable to the acquisition of a 
  8.19  limited common element shall be equally divided among the owners 
  8.20  of the units to which that limited common element was allocated 
  8.21  at the time of acquisition and their secured parties, as their 
  8.22  interests may appear or as provided by the declaration. 
  8.23     (d) In any eminent domain proceeding the units shall be 
  8.24  treated as separate parcels of real estate for valuation 
  8.25  purposes, regardless of the number of units subject to the 
  8.26  proceeding. 
  8.27     (e) Any distribution to a unit owner from the proceeds of 
  8.28  an eminent domain award shall be subject to any limitations 
  8.29  imposed by the declaration or bylaws. 
  8.30     (f) The court order or final certificate containing the 
  8.31  final awards shall be recorded in every county in which any 
  8.32  portion of the common interest community is located. 
  8.33     Sec. 9.  Minnesota Statutes 2002, section 515B.3-102, is 
  8.34  amended to read: 
  8.35     515B.3-102 [POWERS OF UNIT OWNERS' ASSOCIATION.] 
  8.36     (a) Except as provided in subsection (b), and subject to 
  9.1   the provisions of the declaration or bylaws, the association 
  9.2   shall have the power to: 
  9.3      (1) adopt, amend and revoke rules and regulations not 
  9.4   inconsistent with the articles of incorporation, bylaws and 
  9.5   declaration, as follows:  (i) regulating the use of the common 
  9.6   elements; (ii) regulating the use of the units, and conduct of 
  9.7   unit occupants, which may jeopardize the health, safety or 
  9.8   welfare of other occupants, which involves noise or other 
  9.9   disturbing activity, or which may damage the common elements or 
  9.10  other units; (iii) regulating or prohibiting animals; (iv) 
  9.11  regulating changes in the appearance of the common elements and 
  9.12  conduct which may damage the common interest community; (v) 
  9.13  regulating the exterior appearance of the common interest 
  9.14  community, including, for example, balconies and patios, window 
  9.15  treatments, and signs and other displays, regardless of whether 
  9.16  inside a unit; (vi) implementing the articles of incorporation, 
  9.17  declaration and bylaws, and exercising the powers granted by 
  9.18  this section; and (vii) otherwise facilitating the operation of 
  9.19  the common interest community; 
  9.20     (2) adopt and amend budgets for revenues, expenditures and 
  9.21  reserves, and levy and collect assessments for common expenses 
  9.22  from unit owners; 
  9.23     (3) hire and discharge managing agents and other employees, 
  9.24  agents, and independent contractors; 
  9.25     (4) institute, defend, or intervene in litigation or 
  9.26  administrative proceedings (i) in its own name on behalf of 
  9.27  itself or two or more unit owners on matters affecting the 
  9.28  common elements or other matters affecting the common interest 
  9.29  community or, (ii) with the consent of the owners of the 
  9.30  affected units on matters affecting only those units; 
  9.31     (5) make contracts and incur liabilities; 
  9.32     (6) regulate the use, maintenance, repair, replacement and 
  9.33  modification of the common elements and the units; 
  9.34     (7) cause improvements to be made as a part of the common 
  9.35  elements, and, in the case of a cooperative, the units; 
  9.36     (8) acquire, hold, encumber, and convey in its own name any 
 10.1   right, title, or interest to real estate or personal property, 
 10.2   but (i) common elements in a condominium or planned community 
 10.3   may be conveyed or subjected to a security interest only 
 10.4   pursuant to section 515B.3-112, or (ii) part of a cooperative 
 10.5   may be conveyed, or all or part of a cooperative may be 
 10.6   subjected to a security interest, only pursuant to section 
 10.7   515B.3-112; 
 10.8      (9) grant public utility right-of-way, and related 
 10.9   easements through, over or under the common elements, and, 
 10.10  subject to approval by resolution of unit owners other than 
 10.11  declarant or its affiliates at a meeting duly called, grant 
 10.12  other public or private easements, leases and licenses through, 
 10.13  over or under the common elements; 
 10.14     (10) impose and receive any payments, fees, or charges for 
 10.15  the use, rental, or operation of the common elements, other than 
 10.16  limited common elements, and for services provided to unit 
 10.17  owners; 
 10.18     (11) impose charges for late payment of assessments and, 
 10.19  after notice and an opportunity to be heard, levy reasonable 
 10.20  fines for violations of the declaration, bylaws, and rules and 
 10.21  regulations of the association; 
 10.22     (12) impose reasonable charges for the review, preparation 
 10.23  and recordation of amendments to the declaration, resale 
 10.24  certificates required by section 515B.4-107, statements of 
 10.25  unpaid assessments, or furnishing copies of association records; 
 10.26     (13) provide for the indemnification of its officers and 
 10.27  directors, and maintain directors' and officers' liability 
 10.28  insurance; 
 10.29     (14) provide for reasonable procedures governing the 
 10.30  conduct of meetings and election of directors; 
 10.31     (15) exercise any other powers conferred by law, or by the 
 10.32  declaration, articles of incorporation or bylaws; and 
 10.33     (16) exercise any other powers necessary and proper for the 
 10.34  governance and operation of the association. 
 10.35     (b) Notwithstanding subsection (a) the declaration or 
 10.36  bylaws may not impose limitations on the power of the 
 11.1   association to deal with the declarant which are more 
 11.2   restrictive than the limitations imposed on the power of the 
 11.3   association to deal with other persons. 
 11.4      Sec. 10.  [REISSUING DRIVER'S LICENSE OR IDENTIFICATION 
 11.5   CARD.] 
 11.6      Upon receipt of payment of the fee specified for a 
 11.7   duplicate license under Minnesota Statutes, section 171.06, and 
 11.8   surrender of the person's driver's license or identification 
 11.9   card bearing the status check notation, the registrar shall 
 11.10  issue a duplicate driver's license or duplicate identification 
 11.11  card that does not bear a status check notation.  
 11.12     Sec. 11.  [EFFECTIVE DATE.] 
 11.13     Sections 1 to 7 and 10 are effective the day following 
 11.14  final enactment.