2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
|Introduction||Posted on 01/09/2003|
|1st Engrossment||Posted on 01/16/2003|
|2nd Engrossment||Posted on 01/30/2003|
1.1 A bill for an act 1.2 relating to public safety; regulating information on 1.3 drivers' licenses, permits, and identification cards, 1.4 and applications for them; adopting certain federal 1.5 laws and regulations; making technical and clarifying 1.6 changes; amending Minnesota Statutes 2002, sections 1.7 171.06, subdivision 3; 171.07, subdivisions 1, 3; 1.8 171.14; 171.22, subdivision 2; 609.531, subdivision 1; 1.9 proposing coding for new law in Minnesota Statutes, 1.10 chapter 171. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. [171.025] [PROOF OF IDENTITY AND RESIDENCY.] 1.13 Subdivision 1. [IN GENERAL.] (a) At the time of 1.14 application for a driver's license, permit, or identification 1.15 card, the applicant shall present a Minnesota driver's license, 1.16 permit, or Minnesota identification card if one of these has 1.17 been issued to the applicant. 1.18 (b) The Minnesota driver's license, identification card, or 1.19 permit must not have expired more than: 1.20 (1) five years before it is presented if it has a color 1.21 photograph or electronically produced or digitized image of the 1.22 applicant; or 1.23 (2) one year before it is presented if it does not have a 1.24 color photograph or electronically produced or digitized image 1.25 of the applicant. A temporary seven-day driver's license issued 1.26 to a Minnesota-licensed driver only by the state of Minnesota 1.27 under section 169A.52, subdivision 7, paragraph (c), clause (2), 1.28 may be presented if it is not expired more than one year. 2.1 (c) As proof of full name, date of birth, and identity, the 2.2 applicant must present one primary document and one secondary 2.3 document as defined in Minnesota Rules, part 7410.0400, subparts 2.4 2 and 3, or successor rules, if the applicant cannot present: 2.5 (1) a Minnesota driver's license, identification card, or 2.6 permit that is current or has expired for five years or less 2.7 with a color photograph or electronically produced or digitized 2.8 image; or 2.9 (2) a Minnesota driver's license, identification card, or 2.10 permit that is current or has been expired for one year or less 2.11 without a color photograph or electronically produced or 2.12 digitized image. 2.13 Subd. 2. [RESIDENCE ADDRESS ON LICENSE, PERMIT, OR 2.14 IDENTIFICATION CARD.] (a) The department shall issue a Minnesota 2.15 driver's license, permit, or identification card only to an 2.16 individual who has a residence address in the state at the time 2.17 of application, by showing a residence number, street name, 2.18 street type, directional if any, city, state, and zip code. 2.19 (b) The applicant shall indicate on the application form 2.20 for a Minnesota driver's license, identification card, or 2.21 permit, the applicant's residence address in the state. 2.22 Sec. 2. [171.028] [DOCUMENTING RESIDENCY; RULES AND 2.23 REGULATIONS.] 2.24 Subdivision 1. [PERMANENT STATE RULES.] (a) Adopted exempt 2.25 Minnesota Rules, part 7410.0400, subparts 2 and 3, as published 2.26 in the State Register on July 8, 2002, shall become permanent on 2.27 the day following final enactment of this section. These rules 2.28 may subsequently be amended by the commissioner under chapter 2.29 14, to administer the provisions of this chapter. 2.30 (b) The documents specified in Minnesota Rules, part 2.31 7410.0400, subparts 2 and 3, or successor rules, are subject to 2.32 the variance procedures and criteria in Minnesota Rules, part 2.33 7410.0600, or successor rules. 2.34 Subd. 2. [INCORPORATION OF FEDERAL REGULATIONS.] As 2.35 authorized by Public Law 107-296, rules relating to identity and 2.36 residency documentation standards adopted in Code of Federal 3.1 Regulations by the United States Department of Homeland Security 3.2 may be incorporated by reference by the commissioner. These 3.3 rules may be subsequently amended by the commissioner under 3.4 chapter 14 to administer the provisions of this chapter. 3.5 Subd. 3. [NON-ENGLISH DOCUMENTS; TRANSLATION.] All 3.6 documents submitted to the department in a language other than 3.7 English must be accompanied by a translation of that document 3.8 into the English language. 3.9 Subd. 4. [PROOF OF RESIDENCY REQUIRED AT TIME OF 3.10 APPLICATION.] Proof of residency in the United States is 3.11 required at the time of application for an initial permit, 3.12 driver's license, or identification card. The applicant must 3.13 attest to a residence address in Minnesota and demonstrate proof 3.14 of either lawful short-term admission to the United States, 3.15 permanent United States resident status, indefinite authorized 3.16 presence status, or United States citizenship. 3.17 Subd. 5. [PROOF OF RESIDENCY AT RENEWAL.] (a) Proof of 3.18 residency is required at the time of application for renewal of 3.19 a driver's license, permit, or identification card. 3.20 (b) A person with permanent United States resident status, 3.21 indefinite authorized presence status, or United States 3.22 citizenship must attest to a residence address in Minnesota. 3.23 (c) A person with lawful short-term admission to the United 3.24 States must attest to a residence address in Minnesota and 3.25 provide proof of lawful short-term admission status to the 3.26 United States. 3.27 Subd. 6. [DOCUMENTS NOT SUFFICIENT TO PROVE 3.28 RESIDENCY.] The presentation of a driver's license, permit, or 3.29 identification card from another jurisdiction or another United 3.30 States state is not acceptable as proof of permanent United 3.31 States resident status, indefinite authorized presence status, 3.32 lawful short-term admission to the United States, or United 3.33 States citizenship. 3.34 Subd. 7. [DOCUMENTS SUFFICIENT TO PROVE RESIDENCY.] To 3.35 demonstrate permanent United States resident status, indefinite 3.36 authorized presence status, lawful short-term admission, or 4.1 United States citizenship, an applicant must attest to a 4.2 Minnesota residence address on the application form and present 4.3 a primary document specified in Minnesota Rules, part 7410.0400, 4.4 subpart 2, or successor rules. 4.5 Subd. 8. [EVIDENCE REQUIRED WHEN NAME CHANGED.] If there 4.6 has been a change in the individual's legal full name as it 4.7 appears on the presented document specified in Minnesota Rules, 4.8 part 7410.0400, subpart 2, or successor rules, the individual 4.9 must also present evidence of a change of name as specified in 4.10 Minnesota Rules, part 7410.0500, or successor rules. 4.11 Subd. 9. [LAWFUL SHORT-TERM ADMISSION STATUS.] (a) If the 4.12 lawful admission period indicated on the federal primary 4.13 document presented expires in 30 days or more from the date of 4.14 application for the state driver's license, permit, or 4.15 identification card, the department shall issue to the applicant 4.16 a driver's license, permit, or identification card with a status 4.17 check date that coincides with the lawful admission period on 4.18 the federal primary document presented. 4.19 (b) The department shall not issue a driver's license, 4.20 permit, or identification card if an individual has no lawful 4.21 admission status to the United States or if the lawful 4.22 short-term admission period expires in 30 days or less. 4.23 Subd. 10. [STATUS CHECK DATE.] A status check date that 4.24 coincides with the federal lawful admission period indicated on 4.25 the federal primary document presented must be indicated on the 4.26 driver's license, permit, or identification card issued. 4.27 Subd. 11. [REISSUANCE.] (a) The department shall reissue a 4.28 driver's license, permit, or identification card with a new 4.29 status check date if the applicant presents an employment 4.30 authorization card (I-688B, I-766 series) or notice of action 4.31 (I-797A series) issued by the United States Department of 4.32 Homeland Security to the commissioner to indicate extension of 4.33 the lawful admission period. 4.34 (b) If the applicant presents an accepted application from 4.35 the United States Department of Homeland Security for an 4.36 extension of or change in the federal lawful admission period, 5.1 the department shall reissue the driver's license, permit, or 5.2 identification card with a status check date extension of six 5.3 months from the date of the federal receipt for the extension or 5.4 change in order to provide a grace period while the application 5.5 for the extension is processed. 5.6 (c) The department shall reissue a driver's license, 5.7 permit, or identification card without a status check date if 5.8 (1) the applicant presents a subsequent federal document 5.9 indicating permanent United States resident status, indefinite 5.10 authorized presence status, or United States citizenship, and 5.11 (2) the applicant pays the duplicate fee as specified in section 5.12 171.06. 5.13 Sec. 3. Minnesota Statutes 2002, section 171.06, 5.14 subdivision 3, is amended to read: 5.15 Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 5.16 An application must: 5.17 (1) state the full name, date of birth, sex, and residence 5.18 address of the applicant; 5.19 (2) as may be required by the commissioner, contain a 5.20 description of the applicant, which consists of the applicant's 5.21 height in feet and inches, weight in pounds, and eye color, and 5.22 any other facts pertaining to the applicant, the applicant's 5.23 driving privileges, and the applicant's ability to operate a 5.24 motor vehicle with safety; 5.25 (3) for a class C, class B, or class A driver's license, 5.26 state the applicant's social security number or, for a class D 5.27 driver's license, have a space for the applicant's social 5.28 security number and state that providing the number is optional, 5.29 or otherwise convey that the applicant is not required to enter 5.30 the social security number; 5.31 (4) contain a space where the applicant may indicate a 5.32 desire to make an anatomical gift according to paragraph (b); 5.33 and 5.34 (5) contain a notification to the applicant of the 5.35 availability of a living will/health care directive designation 5.36 on the license under section 171.07, subdivision 7. 6.1 (b) If the applicant does not indicate a desire to make an 6.2 anatomical gift when the application is made, the applicant must 6.3 be offered a donor document in accordance with section 171.07, 6.4 subdivision 5. The application must contain statements 6.5 sufficient to comply with the requirements of the Uniform 6.6 Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 6.7 that execution of the application or donor document will make 6.8 the anatomical gift as provided in section 171.07, subdivision 6.9 5, for those indicating a desire to make an anatomical gift. 6.10 The application must be accompanied by information describing 6.11 Minnesota laws regarding anatomical gifts and the need for and 6.12 benefits of anatomical gifts, and the legal implications of 6.13 making an anatomical gift, including the law governing 6.14 revocation of anatomical gifts. The commissioner shall 6.15 distribute a notice that must accompany all applications for and 6.16 renewals of a driver's license or Minnesota identification 6.17 card. The notice must be prepared in conjunction with a 6.18 Minnesota organ procurement organization that is certified by 6.19 the federal Department of Health and Human Services and must 6.20 include: 6.21 (1) a statement that provides a fair and reasonable 6.22 description of the organ donation process, the care of the donor 6.23 body after death, and the importance of informing family members 6.24 of the donation decision; and 6.25 (2) a telephone number in a certified Minnesota organ 6.26 procurement organization that may be called with respect to 6.27 questions regarding anatomical gifts. 6.28 (c) The application must be accompanied also by information 6.29 containing relevant facts relating to: 6.30 (1) the effect of alcohol on driving ability; 6.31 (2) the effect of mixing alcohol with drugs; 6.32 (3) the laws of Minnesota relating to operation of a motor 6.33 vehicle while under the influence of alcohol or a controlled 6.34 substance; and 6.35 (4) the levels of alcohol-related fatalities and accidents 6.36 in Minnesota and of arrests for alcohol-related violations. 7.1 Sec. 4. Minnesota Statutes 2002, section 171.07, 7.2 subdivision 1, is amended to read: 7.3 Subdivision 1. [LICENSE; CONTENTS.] (a) Upon the payment 7.4 of the required fee, the department shall issue to every 7.5 qualifying applicant a license designating the type or class of 7.6 vehicles the applicant is authorized to drive as applied for. 7.7 This license must bear a distinguishing number assigned to the 7.8 licensee
,; the full name, date of birth, residence address and 7.9 permanent mailing address if different ,; a description of the 7.10 licensee in a manner as the commissioner deems necessary, which 7.11 consists of the applicant's height in feet and inches, weight in 7.12 pounds, eye color, and sex; and the usual signature of the 7.13 licensee. No license is valid unless it bears the usual 7.14 signature of the licensee. Every license must bear a colored 7.15 photograph or an electronically produced image of the licensee. 7.16 (b) Every license issued to an applicant under the age of 7.17 21 must be of a distinguishing color and plainly marked 7.18 "Under-21." 7.19 (c) The department shall use processes in issuing a license 7.20 that prohibit, as nearly as possible, the ability to alter or 7.21 reproduce a license, or prohibit the ability to superimpose a 7.22 photograph or electronically produced image on a license, 7.23 without ready detection. 7.24 (d) A license issued to an applicant age 65 or over must be 7.25 plainly marked "senior" if requested by the applicant. 7.26 Sec. 5. Minnesota Statutes 2002, section 171.07, 7.27 subdivision 3, is amended to read: 7.28 Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of 7.29 the required fee, the department shall issue to every qualifying 7.30 applicant a Minnesota identification card. The department may 7.31 not issue a Minnesota identification card to a person who has a 7.32 driver's license, other than a limited license, from any 7.33 jurisdiction, or has an identification card from any 7.34 jurisdiction, unless and until the person's license or 7.35 identification card from any jurisdiction has been invalidated. 7.36 The card must bear a distinguishing number assigned to the 8.1 applicant; a colored photograph or an electronically produced 8.2 image of the applicant; the applicant's full name, date of 8.3 birth, and residence address; a description of the applicant in8.4 the manner as the commissioner deems necessary, which consists 8.5 of the applicant's height in feet and inches, weight in pounds, 8.6 eye color, and sex; and the usual signature of the applicant. 8.7 (b) Each identification card issued to an applicant under 8.8 the age of 21 must be of a distinguishing color and plainly 8.9 marked "Under-21." 8.10 (c) Each Minnesota identification card must be plainly 8.11 marked "Minnesota identification card - not a driver's license." 8.12 (d) The fee for a Minnesota identification card is 50 cents 8.13 when issued to a person who is mentally retarded, as defined in 8.14 section 252A.02, subdivision 2; a physically disabled person, as 8.15 defined in section 169.345, subdivision 2; or, a person with 8.16 mental illness, as described in section 245.462, subdivision 20, 8.17 paragraph (c). 8.18 Sec. 6. [171.075] [DRIVER'S IMAGE FOR LICENSE, PERMIT, OR 8.19 CARD.] 8.20 Subdivision 1. [FULL FACE IMAGE.] The applicant for a 8.21 driver's license, permit, or identification card must have a 8.22 full face image taken by the department that is a representation 8.23 of the true appearance of the applicant. The face of the 8.24 applicant must be uncovered and unobscured. 8.25 Subd. 2. [USE OF PREVIOUS IMAGE.] The use of the previous 8.26 image on file with the department is limited to: 8.27 (1) duplicate drivers' licenses and identification cards; 8.28 and 8.29 (2) one renewal cycle for a person who applied to the 8.30 department and certifies that the person is out of the state at 8.31 the time the driver's license or identification card expires and 8.32 intends to return within four years. 8.33 Subd. 3. [UPDATED IMAGE REQUIRED UPON RETURN.] Within 30 8.34 days after the return to Minnesota of an applicant whose 8.35 previous image was used in accordance with subdivision 2, clause 8.36 (2), the applicant shall appear at a driver's license renewal 9.1 office and shall allow an updated image to be taken. The 9.2 applicant shall comply with the identity provisions of Minnesota 9.3 Rules, part 7410.0400, subparts 2 and 3, or successor rules. 9.4 Sec. 7. Minnesota Statutes 2002, section 171.14, is 9.5 amended to read: 9.6 171.14 [CANCELLATION.] 9.7 Subdivision 1. [AUTHORITY.] The commissioner shall have9.8 authority tomay cancel any driver's license or identification 9.9 card upon determinationdetermining that the licensee or 9.10 cardholder: 9.11 (1) was not entitled to the issuance thereof hereunder, or9.12 that the licenseeof the license or identification card; 9.13 (2) failed to give the required or correct information in 9.14 the application , or; 9.15 (3) committed any fraud or deceit in making such 9.16 application . The commissioner may also cancel the driver's9.17 license of any person who,; or 9.18 (4) at the time of the cancellation, would not have been 9.19 entitled to receive a license under the provisions of section9.20 171.04this chapter. 9.21 Subd. 2. [CANCELLATION; DENIAL.] Pursuant to this section 9.22 and section 171.04, the commissioner shall cancel a driver's 9.23 license, permit, or identification card as follows, whichever 9.24 occurs first: 9.25 (1) on the status check date unless the state document 9.26 holder presents federal proof of extension of the lawful 9.27 admission period or a receipt from the United States Department 9.28 of Homeland Security for an application for an extension or 9.29 change in the lawful admission status; or 9.30 (2) when the department receives notice from the United 9.31 States Department of Homeland Security that the individual has 9.32 been deported. 9.33 Subd. 3. [WARNING OF POSSIBLE CANCELLATION.] (a) If the 9.34 status check date is to expire in more than 60 days, a notice 9.35 warning the state document holder that the driver's license, 9.36 permit, or identification card will be canceled on the status 10.1 check date must be sent by first class mail to the document 10.2 holder's residence address on file with the department. If 10.3 application is being made and the status check date would expire 10.4 in 60 days or less from the date of application, the department 10.5 shall directly issue to the applicant a general notice warning 10.6 of cancellation on the status check date and send a follow-up 10.7 notice as described in paragraphs (b) and (c). 10.8 (b) The notice must contain: 10.9 (1) the person's full name, date of birth, unique state 10.10 document number, and current address from the department record; 10.11 and 10.12 (2) the date the notice is mailed or directly issued. 10.13 (c) The notice must indicate that: 10.14 (1) the driver's license, permit, or identification card 10.15 will be canceled on the status check date; 10.16 (2) the driver's license, permit, or identification card 10.17 may be reissued if the document holder presents federal proof of 10.18 extension of the lawful admission period or a receipt from the 10.19 United States Department of Homeland Security for application 10.20 for an extension or change of the lawful admission period; and 10.21 (3) the individual may request an administrative review of 10.22 the possible cancellation under Minnesota Rules, part 7409.4600, 10.23 or successor rules. 10.24 Subd. 4. [CANCELLATION ORDER.] (a) At least seven days 10.25 before the status check date, the department shall issue to the 10.26 document holder a cancellation order indicating that the 10.27 driver's license, permit, or identification card is canceled. 10.28 The notice must be sent by first class mail to the address shown 10.29 on department records. 10.30 (b) The notice must contain: 10.31 (1) the person's full name, date of birth, unique state 10.32 document number, and current address from the department record; 10.33 and 10.34 (2) the date the order is mailed. 10.35 (c) The notice must indicate that: 10.36 (1) application may be made for a new driver's license, 11.1 permit, or identification card if the individual can present 11.2 proof to the department of current authorized legal presence in 11.3 the United States; and 11.4 (2) the document holder may request an administrative 11.5 review of the cancellation under Minnesota Rules, part 11.6 7409.4600, or successor rules. 11.7 Subd. 5. [ADMINISTRATIVE REVIEW.] Any administrative 11.8 review of the cancellation of the state document or the denial 11.9 to issue a state document under this part must be conducted 11.10 under Minnesota Rules, part 7409.4600, or successor rules. 11.11 Subd. 6. [FEES.] (a) A state document holder who applies 11.12 for a six-month extension of the status check date on the 11.13 driver's license, permit, or identification card before the 11.14 status check date expires must not be charged a fee for 11.15 reissuance of the state document if there is no change to the 11.16 address or name on the state document. 11.17 (b) If the status check date on the driver's license, 11.18 permit, or identification card is current or has expired and the 11.19 applicant presents federal documentation indicating an extended 11.20 lawful admission period, the applicant must pay the fee for a 11.21 duplicate card as specified in section 171.06. 11.22 (c) The state document holder is required to pay the 11.23 renewal fee as specified in section 171.06 upon the expiration 11.24 of the driver's license, permit, or identification card. 11.25 Sec. 8. Minnesota Statutes 2002, section 171.22, 11.26 subdivision 2, is amended to read: 11.27 Subd. 2. [PENALTIES.] Any person who violates any 11.28 provision of subdivision 1, clause (4), (7), or (8), is guilty 11.29 of a gross misdemeanor. Any person who violates any other 11.30 provision of subdivision 1 is guilty of a misdemeanor. 11.31 Sec. 9. [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIAL 11.32 DRIVERS.] 11.33 Subdivision l. [ENDORSEMENT.] Before being issued or 11.34 renewing a class C, class B, or class A driver's license with a 11.35 hazardous materials endorsement, the applicant must comply with 11.36 federal regulations incorporated in this section. 12.1 Subd. 2. [ADOPTION OF FEDERAL REGULATIONS.] Public Law 12.2 107-56, section 1012, as implemented in Code of Federal 12.3 Regulations, title 49, is incorporated by reference. 12.4 Subd. 3. [RULES.] The commissioner of public safety may 12.5 adopt rules pursuant to section 14.388, clause (1), in order to 12.6 implement this section. 12.7 [EFFECTIVE DATE.] This section is effective the day 12.8 following final enactment. 12.9 Sec. 10. Minnesota Statutes 2002, section 609.531, 12.10 subdivision 1, is amended to read: 12.11 Subdivision 1. [DEFINITIONS.] For the purpose of sections 12.12 609.531 to 609.5318, the following terms have the meanings given 12.13 them. 12.14 (a) "Conveyance device" means a device used for 12.15 transportation and includes, but is not limited to, a motor 12.16 vehicle, trailer, snowmobile, airplane, and vessel and any 12.17 equipment attached to it. The term "conveyance device" does not 12.18 include property which is, in fact, itself stolen or taken in 12.19 violation of the law. 12.20 (b) "Weapon used" means a dangerous weapon as defined under 12.21 section 609.02, subdivision 6, that the actor used or had in 12.22 possession in furtherance of a crime. 12.23 (c) "Property" means property as defined in section 609.52, 12.24 subdivision 1, clause (1). 12.25 (d) "Contraband" means property which is illegal to possess 12.26 under Minnesota law. 12.27 (e) "Appropriate agency" means the bureau of criminal 12.28 apprehension, the Minnesota division of driver and vehicle 12.29 services, the Minnesota state patrol, a county sheriff's 12.30 department, the suburban Hennepin regional park district park 12.31 rangers, the department of natural resources division of 12.32 enforcement, the University of Minnesota police department, or a 12.33 city or airport police department. 12.34 (f) "Designated offense" includes: 12.35 (1) for weapons used: any violation of this chapter, 12.36 chapter 152, or chapter 624; 13.1 (2) the use of forged documents in applying for a driver's 13.2 license; 13.3 (3) for all other purposes: a felony violation of, or a 13.4 felony-level attempt or conspiracy to violate, section 325E.17; 13.5 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 13.6 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 13.7 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 13.8 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 13.9 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 13.10 and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 13.11 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 13.12 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 13.13 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 13.14 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 13.15 609.895; 617.246; or a gross misdemeanor or felony violation of 13.16 section 609.891 or 624.7181; or any violation of section 609.324. 13.17 (g) "Controlled substance" has the meaning given in section 13.18 152.01, subdivision 4.