1.1 	A bill for an act
1.2 	relating to transportation; amending requirements governing driver's licenses and 
1.3 	Minnesota identification cards;amending Minnesota Statutes 2016, section 171.06, 
1.4 	subdivision 3, by adding a subdivision; repealing Minnesota Rules, part 7410.0410, 
1.5 	subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2016, section 171.06, subdivision 3, is amended to read:
1.8 		Subd. 3.Contents of application; other information. (a) An application must:
1.9 	(1) state the full name, date of birth, sex, and either (i) the residence address of the 
1.10 	applicant, or (ii) designated address under section 5B.05;
1.11 	(2) as may be required by the commissioner, contain a description of the applicant and 
1.12 	any other facts pertaining to the applicant, the applicant's driving privileges, and the 
1.13 	applicant's ability to operate a motor vehicle with safety;
1.14 	(3) state:
1.15 	(i) the applicant's Social Security number; or
1.16 	(ii) if the applicant does not have a Social Security number and is applying for a 
1.17 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
1.18 	that the applicant certifies that the applicant does not have a Social Security number;
1.19 	(4) in the case of an application for an enhanced driver's license or enhanced identification 
1.20 	card, present:
1.21 	(i) proof satisfactory to the commissioner of the applicant's full legal name, United States 
1.22 	citizenship, identity, date of birth, Social Security number, and residence address; and
2.1 	(ii) a photographic identity document;
2.2 	(5) contain a space where the applicant must attest to a residence address in Minnesota;
2.3 	(6) contain a space where the applicant may indicate a desire to make an anatomical gift 
2.4 	according to paragraph (b);
2.5 	(6) (7) contain a notification to the applicant of the availability of a living will/health 
2.6 	care directive designation on the license under section 171.07, subdivision 7; and
2.7 	(7) (8) contain a space where the applicant may request a veteran designation on the 
2.8 	license under section 171.07, subdivision 15, and the driving record under section 171.12, 
2.9 	subdivision 5a; and
2.10 	(9) contain a section conveying that the applicant is not required to enter a Social Security 
2.11 	number if the person meets the requirements under clause (3), item (ii).
2.12 	(b) If the applicant does not indicate a desire to make an anatomical gift when the 
2.13 	application is made, the applicant must be offered a donor document in accordance with 
2.14 	section 171.07, subdivision 5. The application must contain statements sufficient to comply 
2.15 	with the requirements of the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 
2.16 	525A, so that execution of the application or donor document will make the anatomical gift 
2.17 	as provided in section 171.07, subdivision 5, for those indicating a desire to make an 
2.18 	anatomical gift. The application must be accompanied by information describing Minnesota 
2.19 	laws regarding anatomical gifts and the need for and benefits of anatomical gifts, and the 
2.20 	legal implications of making an anatomical gift, including the law governing revocation of 
2.21 	anatomical gifts. The commissioner shall distribute a notice that must accompany all 
2.22 	applications for and renewals of a driver's license or Minnesota identification card. The 
2.23 	notice must be prepared in conjunction with a Minnesota organ procurement organization 
2.24 	that is certified by the federal Department of Health and Human Services and must include:
2.25 	(1) a statement that provides a fair and reasonable description of the organ donation 
2.26 	process, the care of the donor body after death, and the importance of informing family 
2.27 	members of the donation decision; and
2.28 	(2) a telephone number in a certified Minnesota organ procurement organization that 
2.29 	may be called with respect to questions regarding anatomical gifts.
2.30 	(c) The application must be accompanied also by information containing relevant facts 
2.31 	relating to:
2.32 	(1) the effect of alcohol on driving ability;
3.1 	(2) the effect of mixing alcohol with drugs;
3.2 	(3) the laws of Minnesota relating to operation of a motor vehicle while under the 
3.3 	influence of alcohol or a controlled substance; and
3.4 	(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests for 
3.5 	alcohol-related violations.

3.6 	Sec. 2. Minnesota Statutes 2016, section 171.06, is amended by adding a subdivision to 
3.7 	read:
3.8 		Subd. 3b.Application documents. (a) Foreign governmental identification is:
3.9 	(1) acceptable proof of identity in application for a Minnesota identification card, 
3.10 	instruction permit, or driver's license under this section; and
3.11 	(2) a primary document for purposes of Minnesota Rules, part 7410.0400.
3.12 	(b) For purposes of this subdivision, "foreign governmental identification" means the 
3.13 	following accompanying documents:
3.14 	(1) a valid, unexpired passport that:
3.15 	(i) is not issued by the United States, the Commonwealth of the Northern Mariana Islands, 
3.16 	the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, or a territory 
3.17 	of the United States; and
3.18 	(ii) contains the full name and date of birth of the cardholder, and a photograph identifying 
3.19 	the cardholder; and
3.20 	(2) a certified birth certificate matching the passport.
3.21 	(c) To be valid under this subdivision, a passport and a birth certificate must each contain 
3.22 	security features that make the document as impervious to alteration as is reasonably 
3.23 	practicable in its design and quality of material and technology, using materials that are not 
3.24 	readily available to the general public.
3.25 	(d) Any foreign governmental identification document that is not in English must be 
3.26 	accompanied by a qualified English translation.

3.27 	Sec. 3.  REPEALER.
 3.28 	Minnesota Rules, part 7410.0410, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 
3.29 	14, are repealed.

4.1 	Sec. 4. EFFECTIVE DATE.
 4.2 	This act is effective January 1, 2018, for a new driver's license, permit, or identification 
4.3 	card, or a renewal, issued on or after that date.

APPENDIX 
7410.0410PROOF OF RESIDENCY.   Subpart 1.Proof of residency required at time of application.  
Proof of residency is required at the time of application for an initial driving permit, driver's license, or state identification card. The applicant must attest to a residence address in Minnesota and demonstrate proof of either lawful short-term admission to the United States, permanent United States resident status, indefinite authorized presence status, or United States citizenship. 

7410.0410PROOF OF RESIDENCY.   Subp. 2.Proof of residency at renewal. A.
 Proof of residency is required at the time of application for renewal of a driving permit, driver's license, or state identification card. 

B.
 A person with permanent United States resident status, indefinite authorized presence status, or United States citizenship must attest to a residence address in Minnesota. 

C.
 A person with lawful short-term admission to the United States must attest to a residence address in Minnesota and provide proof of lawful short-term admission status to the United States. 

7410.0410PROOF OF RESIDENCY.   Subp. 3.Documents not sufficient to prove residency.  
The presentation of a driver's license, permit, or identification card from another jurisdiction or another United States state is not acceptable as proof of permanent United States resident status, indefinite authorized presence status, lawful short-term admission to the United States, or United States citizenship. 

7410.0410PROOF OF RESIDENCY.   Subp. 4.Documents sufficient to prove residency.  
To demonstrate permanent United States resident status, indefinite authorized presence status, lawful short-term admission, or United States citizenship, an applicant must attest to a Minnesota residence address on the application form and present a document specified in part 7410.0400, subpart 1 or 2. If the document presented to demonstrate lawful short-term admission does not indicate a date that the admission period ends or if the date has been extended, the applicant must present additional documentation issued under the authority of the United States Department of Justice or the United States Department of Homeland Security that indicates the duration of the applicant's lawful short-term admission status. 

7410.0410PROOF OF RESIDENCY.   Subp. 5.Evidence required when name changed.  
If there has been a change in the individual's legal full name as it appears on the presented document specified in subpart 4, the individual must also present evidence of a change of name as specified in part 7410.0500. 

7410.0410PROOF OF RESIDENCY.   Subp. 6.Lawful short-term admission status. A.
 If the lawful admission period indicated on the federal primary document presented expires in 30 days or more from the date of application for the state driver's license, permit, or identification card, the applicant shall be issued a driver's license, permit, or identification card with a status check date that coincides with the lawful admission period on the federal primary document presented. 

B.
 If the lawful admission period indicated on a presented federal primary document specified in part 7410.0400, subpart 2, expires in less than 30 days from the date of application for the state driver's license, permit, or identification card, the applicant shall be informed at the time of application that no driver's license, permit, or identification card will be issued. If application is made, a receipt for the driver's license, permit, or identification card will be issued. 

7410.0410PROOF OF RESIDENCY.   Subp. 7.No lawful admission status.  
The department shall not issue a driver's license, permit, or identification card if an individual has no lawful admission status to the United States. 

7410.0410PROOF OF RESIDENCY.   Subp. 8.Status check date.  
A status check date that coincides with the federal lawful admission period indicated on the federal primary document presented or on the additional documentation that indicates the duration of the applicant's lawful short-term admission status shall be indicated on the driver's license, permit, or identification card issued. 

7410.0410PROOF OF RESIDENCY.   Subp. 9.Reissuance.  
A driver's license, permit, or identification card shall be reissued with a new status check date if the applicant presents an employment authorization card (I-688B, I-766 series) or notice of action (I-797A series) issued by the United States Department of Justice or the United States Department of Homeland Security to indicate extension of the lawful admission period. 

A.
 If the applicant presents an accepted application from the United States Department of Justice or the United States Department of Homeland Security for an extension of or change in the federal lawful admission period, the driver's license, permit, or identification card will be reissued with a status check date extension of six months from the date of the federal receipt for the extension or change. 

(1)
 The state document shall be reissued for a second six-month period if the applicant presents a subsequent federal document or information indicating a decision by the federal government on the extension or change of status is still pending. 

(2)
 After one year, any extension request shall be handled through a request for a variance under part 7410.0600. 

B.
 If the applicant presents a subsequent federal document indicating permanent United States resident status, indefinite authorized presence status, or United States citizenship, a driver's license, permit, or identification card will be reissued without a status check date. 

7410.0410PROOF OF RESIDENCY.   Subp. 10.Cancellation; denial.  
Pursuant to Minnesota Statutes, sections 171.04 and 171.14, the commissioner shall cancel a driver's license, permit, or identification card: 

A.
 on the status check date unless the state document holder presents federal proof of extension of the lawful admission period or a receipt from the United States Department of Justice or the United States Department of Homeland Security for an application for an extension or change of the lawful admission status; or 

B.
 when the department receives notice from the United States Department of Justice or the United States Department of Homeland Security that the individual has been deported. 

7410.0410PROOF OF RESIDENCY.   Subp. 11.Warning notice of possible cancellation.  
If the status check date is to expire in more than 60 days, a notice warning the state document holder that the driver's license, permit, or identification card will be canceled on the status check date shall be sent by first class mail to the document holder's residence address on file with the department. If application is being made and the status check date would expire in 60 days or less from the date of application, the applicant will be directly issued a general notice warning of cancellation on the status check date and will be sent a follow-up warning notice as described in items A and B. 

A.
 The notice shall contain: 

(1)
 the person's full name; 

(2)
 the person's date of birth; 

(3)
 the person's unique state document number; 

(4)
 the person's current address from the department record; and 

(5)
 the date the notice is mailed or directly issued. 

B.
 The notice shall indicate that: 

(1)
 the driver's license, permit, or identification card shall be canceled on the status check date; 

(2)
 the driver's license, permit, or identification card may be reissued if the document holder presents federal proof of extension of the lawful admission period or a receipt from the United States Department of Justice or the United States Department of Homeland Security for application for an extension or change of the lawful admission period; and 

(3)
 the individual may request an administrative review of the possible cancellation under part 7409.4600. 

7410.0410PROOF OF RESIDENCY.   Subp. 12.Cancellation order.  
At least seven days before the status check date, the document holder shall be issued a cancellation order indicating that the driver's license, permit, or identification card is canceled. The notice shall be sent by first class mail to the address shown on department records. 

A.
 The notice shall contain: 

(1)
 the person's full name; 

(2)
 the person's date of birth; 

(3)
 the person's unique state document number; 

(4)
 the person's current address from the department record; and 

(5)
 the date the order is mailed. 

B.
 The notice shall indicate application may be made for a new driver's license, permit, or identification card if the individual can present proof to the department of current authorized legal presence in the United States. 

C.
 The notice shall specify that an administrative review of the cancellation may be requested by the document holder under part 7409.4600. 

7410.0410PROOF OF RESIDENCY.   Subp. 13.Administrative review.  
An administrative review of the cancellation of the state document or the denial to issue a state document under this part shall be conducted under part 7409.4600. 

7410.0410PROOF OF RESIDENCY.   Subp. 14.Fees. A.
 A state document holder who applies for an extension of the status check date on the driver's license, permit, or identification card before expiration of the status check date shall not be charged a fee for reissuance of the state document if there is no change to the address or name on the state document. 

B.
 If the status check date on the driver's license, permit, or identification card has expired and the applicant presents federal documentation indicating an extended lawful admission period or application for an extension or change, the applicant must pay the fee for a duplicate card as specified in Minnesota Statutes, section 171.06. 

C.
 The applicant must pay the renewal fee as specified in Minnesota Statutes, section 171.06, when the applicant's driver's license, permit, or identification card expires.