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SF 3631

as introduced - 90th Legislature (2017 - 2018) Posted on 03/20/2018 09:31am

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

Current Version - as introduced

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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 2016, section 171.01, subdivisions 37, 49a, by adding
a subdivision; Minnesota Statutes 2017 Supplement, sections 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 2016, 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 2016, 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 2016, 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 2017 Supplement, section 171.06, subdivision 1, is amended
to read:


Subdivision 1.

Application format and requirements.

Every application for a Minnesota
identification card, including an enhanced identification card, or for a driver's license,
including an instruction permit, a provisional license, new text begin a driving privilege license, new text end and an
enhanced driver's license, must be made in a format approved by the department. Every
application must be accompanied by payment of the proper fee. All applicants must sign
the application and declare, under penalty of perjury, that the information and documentation
presented in the application is true and correct. 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 2017 Supplement, 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:

REAL ID Compliant or
Noncompliant Classified
Driver's License
D-$17.25
C-$21.25
B-$28.25
A-$36.25
REAL ID Compliant or
Noncompliant 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
REAL ID Compliant or
Noncompliant Instruction
Permit
$5.25
Enhanced Instruction
Permit
$20.25
Commercial Learner's
Permit
$2.50
REAL ID Compliant or
Noncompliant Provisional
License
$8.25
Enhanced Provisional
License
$23.25
Duplicate REAL ID
Compliant or Noncompliant
License or duplicate REAL
ID Compliant or
Noncompliant identification
card
$6.75
Enhanced Duplicate
License or enhanced
duplicate identification card
$21.75
REAL ID Compliant or
Noncompliant Minnesota
identification card or REAL
ID Compliant or
Noncompliant 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, sections 169A.50 to 169A.53, or section 171.177, (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
license, new text begin driving privilege license, new 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 2017 Supplement, section 171.06, subdivision 3, is amended
to read:


Subd. 3.

deleted text begin Contents ofdeleted text end Applicationdeleted text begin ; other informationdeleted text end new 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 is not eligible for 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; and

(5) contain spaces where the applicant may:

(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 paragraph (d); and

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

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

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

(2) for driver's 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.

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

Sec. 7.

Minnesota Statutes 2017 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 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:
(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.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) A license issued to an applicant age 65 or over must be plainly marked "senior" if
requested by the applicant.

(e) Except for an enhanced driver's license or 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; and

(2) have a unique design or color indicator.

(g) A license issued to a person with temporary lawful status 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.

Sec. 8. new text begin ELECTION 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 begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective January 1, 2019, for a new driver's license, permit, or
identification card, and a renewal issued on or after that date.
new text end