Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 510-H.F.No. 2294 
           An act relating to drivers' licenses; providing for 
          electronically produced images on drivers' licenses; 
          providing for living will designation on driver's 
          license; allowing commissioner to suspend a driver's 
          license for failure to report certain medical 
          conditions; amending Minnesota Statutes 1988, sections 
          171.07, subdivisions 1a, 6, and by adding a 
          subdivision; and 171.071; Minnesota Statutes 1989 
          Supplement, sections 171.06, subdivision 3; 171.07, 
          subdivisions 1 and 3; and 171.18. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1989 Supplement, section 
171.06, subdivision 3, is amended to read:  
    Subd. 3.  [CONTENTS OF APPLICATION.] Every application 
shall must state the full name, date of birth, social security 
number, sex and residence address of the applicant, a 
description of the applicant in such manner as the commissioner 
may require, and shall must state whether or not the applicant 
has theretofore been licensed as a driver; and, if so, when and 
by what state or country and whether any such license has ever 
been suspended or revoked, or whether an application has ever 
been refused; and, if so, the date of and reason for such 
suspension, revocation, or refusal, together with such facts 
pertaining to the applicant and the applicant's ability to 
operate a motor vehicle with safety as may be required by the 
commissioner.  The application form shall must contain a 
notification to the applicant of the availability of the donor 
document provided pursuant to section 171.07, subdivision 5, and 
shall must contain spaces where the applicant must indicate a 
desire to receive or not to receive the donor document.  The 
application form must contain a notification to the applicant of 
the availability of a living will designation on the license 
under section 171.07, subdivision 7.  The application shall must 
be in the form prepared by the commissioner.  
    The application form must be accompanied by a pamphlet 
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. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
171.07, subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
upon the payment of the required fee, issue to every applicant 
qualifying therefor a license designating the type or class of 
vehicles the applicant is authorized to drive as applied for, 
which license shall bear thereon a distinguishing number 
assigned to the licensee, the full name, date of birth, 
residence address and permanent mailing address if different, a 
description of the licensee in such manner as the commissioner 
deems necessary, and a space upon which the licensee shall write 
the usual signature and the date of birth of the licensee with 
pen and ink.  No license shall be valid until it has been so 
signed by the licensee.  Except in the case of an instruction 
permit, every license shall bear thereon a colored photograph or 
an electronically produced image of the licensee.  Every license 
issued to an applicant under the age of 21 shall be of a 
distinguishing color and plainly marked "Under-21."  The 
department shall use such process or processes in the issuance 
of licenses that prohibits as near as possible, the ability to 
alter or reproduce the licenses, or prohibit the ability to 
superimpose a photo photograph or electronically produced image 
on such licenses without ready detection.  A license issued to 
an applicant of age 65 or over shall be plainly marked "senior" 
if requested by the applicant. 
    Sec. 3.  Minnesota Statutes 1988, section 171.07, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [PHOTOGRAPHIC NEGATIVES; FILING PHOTOGRAPHS OR 
IMAGES; DATA CLASSIFICATION.] The department shall file, or 
contract to file, all photographic negatives photographs or 
electronically produced images obtained in the process of 
issuing driver licenses or Minnesota identification cards.  The 
negatives photographs or electronically produced images shall be 
private data pursuant to section 13.02, subdivision 12.  
Notwithstanding section 13.04, subdivision 3, the department 
shall not be required to provide copies of photographic 
negatives photographs or electronically produced images to data 
subjects.  The use of the files is restricted to the issuance 
and control of driver licenses and for law enforcement purposes 
in the investigation and prosecution of felonies and violations 
of section 169.09; 169.121; 169.123; 169.129; 171.22; 171.24; 
171.30; 609.41; 609.487, subdivision 3; 609.631, subdivision 4, 
clause (3); or 609.821, subdivision 3, clauses (1), item (iv), 
and (3). 
    Sec. 4.  Minnesota Statutes 1989 Supplement, section 
171.07, subdivision 3, is amended to read: 
    Subd. 3.  Upon payment of the required fee the department 
shall issue to every applicant therefor a Minnesota 
identification card.  The department may not issue a Minnesota 
identification card to a person who has a driver's license, 
other than an instruction permit.  The card must bear a 
distinguishing number assigned to the applicant, a colored 
photograph or an electronically produced image, the full name, 
date of birth, residence address, a description of the applicant 
in the manner as the commissioner deems necessary, and a space 
upon which the applicant shall write the usual signature and the 
date of birth of the applicant with pen and ink. 
    Each Minnesota identification card must be plainly marked 
"Minnesota identification card - not a driver's license."  The 
fee for a Minnesota identification card issued to a person who 
is mentally retarded, as defined in section 252A.02, subdivision 
2, is 50 cents. 
    Sec. 5.  Minnesota Statutes 1988, section 171.07, 
subdivision 6, is amended to read: 
    Subd. 6.  [MEDICAL ALERT IDENTIFIER.] Upon the written 
request of the applicant, the department shall issue a driver's 
license or Minnesota identification card bearing a medical alert 
identifier.  The applicant must request the medical alert 
identifier at the time the photograph or electronically produced 
image is taken.  No specific medical information will be 
contained on the driver's license or Minnesota identification 
card. 
    Sec. 6.  Minnesota Statutes 1988, section 171.07, is 
amended by adding a subdivision to read:  
    Subd. 7.  [LIVING WILL DESIGNATION.] At the written request 
of the applicant and on payment of the required fee, the 
department shall issue, renew, or reissue a driver's license or 
Minnesota identification card bearing the designation "Living 
Will" or an abbreviation thereof.  The designation does not 
constitute delivery of a health care declaration under section 
145B.05.  
    On payment of the required fee, the department shall issue 
a replacement or renewal license or identification card without 
the designation if requested by the applicant.  
    This subdivision does not impose any additional duty on a 
health care provider, as defined in section 145B.02, subdivision 
6, beyond the duties imposed in chapter 145B.  
    For the purposes of this subdivision, "living will" means a 
declaration made under section 145B.03. 
    Sec. 7.  Minnesota Statutes 1988, section 171.071, is 
amended to read: 
    171.071 [IDENTIFICATION IN LIEU OF PHOTOGRAPHS.] 
    Notwithstanding the provisions of section 171.07, the 
commissioner of public safety may adopt rules to permit 
identification on a driver's license in lieu of a photograph or 
electronically produced image where the commissioner finds that 
the licensee has religious objections to the use of a photograph 
or electronically produced image. 
    Sec. 8.  Minnesota Statutes 1989 Supplement, section 
171.18, is amended to read: 
    171.18 [SUSPENSION.] 
    The commissioner shall have authority to and may suspend 
the license of any driver without preliminary hearing upon a 
showing by department records or other sufficient evidence that 
the licensee: 
    (1) Has committed an offense for which mandatory revocation 
of license is required upon conviction; or 
    (2) Has been convicted by a court of competent jurisdiction 
for violation of a provision of the highway traffic regulation 
act or an ordinance regulating traffic and where it appears from 
department records that the violation for which the licensee was 
convicted contributed in causing an accident resulting in the 
death or personal injury of another, or serious property damage; 
or 
    (3) Is an habitually reckless or negligent driver of a 
motor vehicle; or 
    (4) Is an habitual violator of the traffic laws; or 
    (5) Is incompetent to drive a motor vehicle as determined 
and adjudged in a judicial proceeding; or 
    (6) Has permitted an unlawful or fraudulent use of such 
license; or 
    (7) Has committed an offense in another state which, if 
committed in this state, would be grounds for suspension; or 
    (8) Has committed a violation of section 171.22; or 
    (9) Has failed to appear in court as provided in section 
169.92, subdivision 4; or 
    (10) has failed to report a medical condition that if 
reported would have resulted in cancellation of driving 
privileges. 
    Provided, however, that any action taken by the 
commissioner under subparagraphs (2) and (5) shall conform to 
the recommendation of the court when made in connection with the 
prosecution of the licensee. 
    Upon suspending the license of any person, as hereinbefore 
in this section authorized, the department shall immediately 
notify the licensee, in writing, by depositing in the United 
States post office a notice addressed to the licensee at the 
licensee's last known address, with postage prepaid thereon, and 
the licensee's written request shall afford the licensee an 
opportunity for a hearing within not to exceed 20 days after 
receipt of such request in the county wherein the licensee 
resides, unless the department and the licensee agree that such 
hearing may be held in some other county.  Upon such hearing the 
commissioner, or duly authorized agent, may administer oaths and 
issue subpoenas for the attendance of witnesses and the 
production of relevant books and papers, and may require a 
reexamination of the licensee.  Upon such hearing the department 
shall either rescind its order of suspension or, good cause 
appearing therefor, may extend the suspension of such license or 
revoke such license.  The department shall not suspend a license 
for a period of more than one year. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 24, 1990, 9:11 p.m.