1.1 	A bill for an act
1.2 	relating to public safety; regulating information on drivers' licenses, permits, and 
1.3 	identification cards, and applications for them; adopting certain federal laws 
1.4 	and regulations; making technical and clarifying changes; amending Minnesota 
1.5 	Statutes 2004, sections 171.06, subdivision 3; 171.14; 171.22, subdivision 
1.6 	2; Minnesota Statutes 2005 Supplement, section 171.07, subdivisions 1, 3; 
1.7 	proposing coding for new law in Minnesota Statutes, chapter 171.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. [171.025] PROOF OF IDENTITY AND RESIDENCY.
1.10 		Subdivision 1.In general. (a) At the time of application for a driver's license, 
1.11 	permit, or identification card, the applicant shall present a Minnesota driver's license, 
1.12 	permit, or Minnesota identification card if one of these has been issued to the applicant.
1.13 	(b) The Minnesota driver's license, identification card, or permit must not have 
1.14 	expired more than:
1.15 	(1) five years before it is presented if it has a color photograph or electronically 
1.16 	produced or digitized image of the applicant; or 
1.17 	(2) one year before it is presented if it does not have a color photograph or 
1.18 	electronically produced or digitized image of the applicant. A temporary seven-day 
1.19 	driver's license issued to a Minnesota-licensed driver only by the state of Minnesota 
1.20 	under section 169A.52, subdivision 7, paragraph (c), clause (2), may be presented if it is 
1.21 	not expired more than one year.
1.22 	(c) As proof of full name, date of birth, and identity, the applicant must present one 
1.23 	primary document and one secondary document as defined in Minnesota Rules, part 
1.24 	7410.0400, subparts 2 and 3, or successor rules, if the applicant cannot present:
2.1 	(1) a Minnesota driver's license, identification card, or permit that is current or 
2.2 	has expired for five years or less with a color photograph or electronically produced or 
2.3 	digitized image; or 
2.4 	(2) a Minnesota driver's license, identification card, or permit that is current or has 
2.5 	been expired for one year or less without a color photograph or electronically produced 
2.6 	or digitized image.
2.7 		Subd. 2.Residence address on license, permit, or identification card. (a) The 
2.8 	department shall issue a Minnesota driver's license, permit, or identification card only to an 
2.9 	individual who has a residence address in the state at the time of application, by showing a 
2.10 	residence number, street name, street type, directional if any, city, state, and zip code.
2.11 	(b) The applicant shall indicate on the application form for a Minnesota driver's 
2.12 	license, identification card, or permit, the applicant's residence address in the state. 

2.13 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.14 	Sec. 2. [171.028] DOCUMENTING RESIDENCY; RULES AND REGULATIONS.
2.15 		Subdivision 1.Permanent state rules. (a) Adopted exempt Minnesota Rules, 
2.16 	part 7410.0400, subparts 2 and 3, as published in the State Register on July 8, 2002, 
2.17 	become permanent on the day following final enactment of this section. These rules 
2.18 	may subsequently be amended by the commissioner under chapter 14 to administer the 
2.19 	provisions of this chapter. 
2.20 	(b) The documents specified in Minnesota Rules, part 7410.0400, subparts 2 and 
2.21 	3, or successor rules, are subject to the variance procedures and criteria in Minnesota 
2.22 	Rules, part 7410.0600, or successor rules.
2.23 		Subd. 2.Incorporation of federal regulations. As authorized by Public Law 
2.24 	107-296, rules relating to identity and residency documentation standards adopted in Code 
2.25 	of Federal Regulations by the United States Department of Homeland Security may be 
2.26 	incorporated by reference by the commissioner. These rules may be subsequently amended 
2.27 	by the commissioner under chapter 14 to administer the provisions of this chapter.
2.28 		Subd. 3.Non-English documents; translation. All documents submitted to the 
2.29 	department in a language other than English must be accompanied by a translation of 
2.30 	that document into the English language.
2.31 		Subd. 4.Proof of residency required at time of application. Proof of residency 
2.32 	in the United States is required at the time of application for an initial permit, driver's 
2.33 	license, or identification card. The applicant must attest to a residence address in 
2.34 	Minnesota and demonstrate proof of either lawful short-term admission to the United 
3.1 	States, permanent United States resident status, indefinite authorized presence status, or 
3.2 	United States citizenship.
3.3 		Subd. 5.Proof of residency at renewal. (a) Proof of residency is required at the 
3.4 	time of application for renewal of a driver's license, permit, or identification card.
3.5 	(b) A person with permanent United States resident status, indefinite authorized 
3.6 	presence status, or United States citizenship must attest to a residence address in 
3.7 	Minnesota.
3.8 	(c) A person with lawful short-term admission to the United States must attest to a 
3.9 	residence address in Minnesota and provide proof of lawful short-term admission status to 
3.10 	the United States.
3.11 		Subd. 6.Documents not sufficient to prove residency. The presentation of a 
3.12 	driver's license, permit, or identification card from another jurisdiction or another state of 
3.13 	the United States is not acceptable as proof of permanent United States resident status, 
3.14 	indefinite authorized presence status, lawful short-term admission to the United States, or 
3.15 	United States citizenship.
3.16 		Subd. 7.Documents sufficient to prove residency. To demonstrate permanent 
3.17 	United States resident status, indefinite authorized presence status, lawful short-term 
3.18 	admission, or United States citizenship, an applicant must attest to a Minnesota residence 
3.19 	address on the application form and present a primary document specified in Minnesota 
3.20 	Rules, part 7410.0400, subpart 2, or successor rules.
3.21 		Subd. 8.Evidence required when name changed. If there has been a change 
3.22 	in the individual's legal full name as it appears on the presented document specified in 
3.23 	Minnesota Rules, part 7410.0400, subpart 2, or successor rules, the individual must also 
3.24 	present evidence of a change of name as specified in Minnesota Rules, part 7410.0500, 
3.25 	or successor rules.
3.26 		Subd. 9.Lawful short-term admission status. (a) If the lawful admission period 
3.27 	indicated on the federal primary document presented expires in more than 30 days from 
3.28 	the date of application for the state driver's license, permit, or identification card, the 
3.29 	department shall issue to the applicant a driver's license, permit, or identification card 
3.30 	with a status check date that coincides with the lawful admission period on the federal 
3.31 	primary document presented.
3.32 	(b) The department shall not issue a driver's license, permit, or identification card if 
3.33 	an individual has no lawful admission status to the United States or if the lawful short-term 
3.34 	admission period expires in 30 days or less.
4.1 		Subd. 10.Status check date. A status check date that coincides with the federal 
4.2 	lawful admission period indicated on the federal primary document presented must be 
4.3 	indicated on the driver's license, permit, or identification card issued.
4.4 		Subd. 11.Reissuance. (a) The department shall reissue a driver's license, permit, or 
4.5 	identification card with a new status check date if the applicant presents an employment 
4.6 	authorization card (I-688B, I-766 series) or notice of action (I-797A series) issued by 
4.7 	the United States Department of Homeland Security to the commissioner to indicate 
4.8 	extension of the lawful admission period.
4.9 	(b) If the applicant presents an accepted application from the United States 
4.10 	Department of Homeland Security for an extension of or change in the federal lawful 
4.11 	admission period, the department shall reissue the driver's license, permit, or identification 
4.12 	card with a status check date extension of six months from the date of the federal receipt 
4.13 	for the extension or change in order to provide a grace period while the application for 
4.14 	the extension is processed.
4.15 	(c) The department shall reissue a driver's license, permit, or identification card 
4.16 	without a status check date if:
4.17 	(1) the applicant presents a subsequent federal document indicating permanent 
4.18 	United States resident status, indefinite authorized presence status, or United States 
4.19 	citizenship; and 
4.20 	(2) the applicant pays the duplicate fee as specified in section 171.06.

4.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.22 	Sec. 3. Minnesota Statutes 2004, section 171.06, subdivision 3, is amended to read:
4.23 		Subd. 3.Contents of application; other information. (a) An application must:
4.24 	(1) state the full name, date of birth, sex, and residence address of the applicant;
4.25 	(2) as may be required by the commissioner, contain a description of the applicant, 
4.26 	which consists of the applicant's height in feet and inches, weight in pounds, and eye 
4.27 	color,  and any other facts pertaining to the applicant, the applicant's driving privileges, 
4.28 	and the applicant's ability to operate a motor vehicle with safety;
4.29 	(3) state:
4.30 	(i) the applicant's Social Security number; or
4.31 	(ii) if the applicant does not have a social security number and is applying for a 
4.32 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
4.33 	that the applicant certifies that the applicant does not have a Social Security number;
4.34 	(4) contain a space where the applicant may indicate a desire to make an anatomical 
4.35 	gift according to paragraph (b); and
5.1 	(5) contain a notification to the applicant of the availability of a living will/health 
5.2 	care directive designation on the license under section    171.07, subdivision 7. 
5.3 	(b) If the applicant does not indicate a desire to make an anatomical gift when 
5.4 	the application is made, the applicant must be offered a donor document in accordance 
5.5 	with section    171.07, subdivision 5. The application must contain statements sufficient 
5.6 	to comply with the requirements of the Uniform Anatomical Gift Act (1987), sections    
5.7 	525.921 to    525.9224, so that execution of the application or donor document will make 
5.8 	the anatomical gift as provided in section    171.07, subdivision 5, for those indicating a 
5.9 	desire to make an anatomical gift. The application must be accompanied by information 
5.10 	describing Minnesota laws regarding anatomical gifts and the need for and benefits of 
5.11 	anatomical gifts, and the legal implications of making an anatomical gift, including the 
5.12 	law governing revocation of anatomical gifts. The commissioner shall distribute a notice 
5.13 	that must accompany all applications for and renewals of a driver's license or Minnesota 
5.14 	identification card. The notice must be prepared in conjunction with a Minnesota organ 
5.15 	procurement organization that is certified by the federal Department of Health and Human 
5.16 	Services and must include: 
5.17 	(1) a statement that provides a fair and reasonable description of the organ donation 
5.18 	process, the care of the donor body after death, and the importance of informing family 
5.19 	members of the donation decision; and
5.20 	(2) a telephone number in a certified Minnesota organ procurement organization that 
5.21 	may be called with respect to questions regarding anatomical gifts.
5.22 	(c) The application must be accompanied also by information containing relevant 
5.23 	facts relating to:
5.24 	(1) the effect of alcohol on driving ability;
5.25 	(2) the effect of mixing alcohol with drugs;
5.26 	(3) the laws of Minnesota relating to operation of a motor vehicle while under the 
5.27 	influence of alcohol or a controlled substance; and
5.28 	(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 
5.29 	for alcohol-related violations.

5.30 	EFFECTIVE DATE. This section is effective the day following final enactment. 

5.31 	Sec. 4. Minnesota Statutes 2005 Supplement, section 171.07, subdivision 1, is 
5.32 	amended to read:
5.33 		Subdivision 1.License; contents. (a) Upon the payment of the required fee, the 
5.34 	department shall issue to every qualifying applicant a license designating the type or class 
5.35 	of vehicles the applicant is authorized to drive as applied for. This license must bear a 
6.1 	distinguishing number assigned to the licensee; the licensee's full name, date of birth, and 
6.2 	residence address; a description of the licensee in a manner as the commissioner deems 
6.3 	necessary, which consists of the applicant's height in feet and inches, weight in pounds, 
6.4 	eye color, and sex; and the usual signature of the licensee. No license is valid unless it 
6.5 	bears the usual signature of the licensee. Every license must bear a colored photograph or 
6.6 	an electronically produced image of the licensee.
6.7 	(b) If the United States Postal Service will not deliver mail to the applicant's 
6.8 	residence address as listed on the license, then the applicant shall provide verification from 
6.9 	the United States Postal Service that mail will not be delivered to the applicant's residence 
6.10 	address and that mail will be delivered to a specified alternate mailing address. When an 
6.11 	applicant provides an alternate mailing address under this subdivision, the commissioner 
6.12 	shall use the alternate mailing address in lieu of the applicant's residence address for 
6.13 	all notices and mailings to the applicant.
6.14 	(c) Every license issued to an applicant under the age of 21 must be of a 
6.15 	distinguishing color and plainly marked "Under-21."
6.16 	(d) The department shall use processes in issuing a license that prohibit, as nearly as 
6.17 	possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a 
6.18 	photograph or electronically produced image on a license, without ready detection.
6.19 	(e) A license issued to an applicant age 65 or over must be plainly marked "senior" if 
6.20 	requested by the applicant.

6.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.22 	Sec. 5. Minnesota Statutes 2005 Supplement, section 171.07, subdivision 3, is 
6.23 	amended to read:
6.24 		Subd. 3.Identification card; fee. (a) Upon payment of the required fee, the 
6.25 	department shall issue to every qualifying applicant a Minnesota identification card. The 
6.26 	department may not issue a Minnesota identification card to an individual who has a 
6.27 	driver's license, other than a Minnesota limited driver's license, from any jurisdiction, 
6.28 	or has an identification card from any jurisdiction, unless and until the person's license 
6.29 	or identification card from any jurisdiction has been invalidated. The card must bear a 
6.30 	distinguishing number assigned to the applicant; a colored photograph or an electronically 
6.31 	produced image of the applicant; the applicant's full name, date of birth, and residence 
6.32 	address; a description of the applicant in the manner as the commissioner deems necessary, 
6.33 	which consists of the applicant's height in feet and inches, weight in pounds, eye color, 
6.34 	and sex; and the usual signature of the applicant.
7.1 	(b) If the United States Postal Service will not deliver mail to the applicant's 
7.2 	residence address as listed on the Minnesota identification card, then the applicant shall 
7.3 	provide verification from the United States Postal Service that mail will not be delivered 
7.4 	to the applicant's residence address and that mail will be delivered to a specified alternate 
7.5 	mailing address. When an applicant provides an alternate mailing address under this 
7.6 	subdivision, the commissioner shall use the alternate mailing address in lieu of the 
7.7 	applicant's residence address for all notices and mailings to the applicant.
7.8 	(c) Each identification card issued to an applicant under the age of 21 must be of a 
7.9 	distinguishing color and plainly marked "Under-21."
7.10 	(d) Each Minnesota identification card must be plainly marked "Minnesota 
7.11 	identification card - not a driver's license."
7.12 	(e) The fee for a Minnesota identification card is 50 cents when issued to a person 
7.13 	who is mentally retarded, as defined in section 252A.02, subdivision 2; a physically 
7.14 	disabled person, as defined in section 169.345, subdivision 2; or, a person with mental 
7.15 	illness, as described in section 245.462, subdivision 20, paragraph (c).

7.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.17 	Sec. 6. [171.075] DRIVER'S IMAGE FOR LICENSE, PERMIT, OR CARD.
7.18 		Subdivision 1.Full face image. The applicant for a driver's license, permit, 
7.19 	or identification card must have a full face image taken by the department that is a 
7.20 	representation of the true appearance of the applicant. The face of the applicant must be 
7.21 	uncovered and unobscured.
7.22 		Subd. 2.Use of previous image. The use of the previous image on file with the 
7.23 	department is limited to:
7.24 	(1) duplicate drivers' licenses and identification cards; and 
7.25 	(2) one renewal cycle for a person who applied to the department and certifies that 
7.26 	the person is out of the state at the time the driver's license or identification card expires 
7.27 	and intends to return within four years.
7.28 		Subd. 3.Updated image required upon return. Within 30 days after the return to 
7.29 	Minnesota of an applicant whose previous image was used in accordance with subdivision 
7.30 	2, clause (2), the applicant shall appear at a driver's license renewal office and shall allow 
7.31 	an updated image to be taken. The applicant shall comply with the identity provisions of 
7.32 	Minnesota Rules, part 7410.0400, subparts 2 and 3, or successor rules. 

7.33 	EFFECTIVE DATE. This section is effective the day following final enactment. 

8.1 	Sec. 7. Minnesota Statutes 2004, section 171.14, is amended to read:
8.2 	171.14 CANCELLATION.
8.3 		Subdivision 1.Authority. The commissioner shall have authority to may cancel any 
8.4 	driver's license or identification card upon determination determining that the licensee 
8.5 	or cardholder: 
8.6 	(1) was not entitled to the issuance thereof hereunder, or that the licensee of the 
8.7 	license or identification card;
8.8 	(2)  failed to give the required or correct information in the application, or; 
8.9 	(3) committed any fraud or deceit in making such application. The commissioner 
8.10 	may also cancel the driver's license of any person who,; or
8.11 	(4)  at the time of the cancellation, would not have been entitled to receive a license 
8.12 	under the provisions ofsection  171.04 this chapter.
8.13 		Subd. 2. Cancellation; denial. Pursuant to this section  and section 171.04, the 
8.14 	commissioner shall cancel a driver's  license, permit, or identification card as follows, 
8.15 	whichever  occurs first: 
8.16 	(1) on the status check date unless the state document  holder presents federal 
8.17 	proof of extension of the lawful  admission period or a receipt from the United States 
8.18 	Department  of Homeland Security for an application for an extension or  change in the 
8.19 	lawful admission status; or 
8.20 	(2) when the department receives notice from the United  States Department of 
8.21 	Homeland Security that the individual has  been deported.
8.22 		Subd. 3. Warning of possible cancellation. (a) If the  status check date is to expire 
8.23 	in more than 60 days, a notice  warning the state document holder that the driver's license, 
8.24 	permit, or identification card will be canceled on the status  check date must be sent by 
8.25 	first class mail to the document  holder's residence address on file with the department. 
8.26 	If  application is being made and the status check date would expire  in 60 days or less 
8.27 	from the date of application, the department  shall directly issue to the applicant a general 
8.28 	notice warning  of cancellation on the status check date and send a follow-up  notice as 
8.29 	described in paragraphs (b) and (c).   
8.30 	(b) The notice must contain:   
8.31 	(1) the person's full name, date of birth, unique state  document number, and current 
8.32 	address from the department record;  and   
8.33 	(2) the date the notice is mailed or directly issued.   
8.34 	(c) The notice must indicate that:   
8.35 	(1) the driver's license, permit, or identification card  will be canceled on the status 
8.36 	check date;   
9.1 	(2) the driver's license, permit, or identification card  may be reissued if the document 
9.2 	holder presents federal proof of  extension of the lawful admission period or a receipt from 
9.3 	the  United States Department of Homeland Security for application  for an extension or 
9.4 	change of the lawful admission period; and   
9.5 	(3) the individual may request an administrative review of  the possible cancellation 
9.6 	under Minnesota Rules, part 7409.4600,  or successor rules.
9.7 		Subd. 4. Cancellation order. (a) At least seven days  before the status check date, 
9.8 	the department shall issue to the  document holder a cancellation order indicating that the 
9.9 	driver's license, permit, or identification card is canceled.   The notice must be sent by first 
9.10 	class mail to the address shown  on department records.    
9.11 	(b) The notice must contain:   
9.12 	(1) the person's full name, date of birth, unique state  document number, and current 
9.13 	address from the department record;  and   
9.14 	(2) the date the order is mailed.   
9.15 	(c) The notice must indicate that:   
9.16 	(1) the individual may apply for a new driver's license,  permit, or identification 
9.17 	card upon presenting proof to the department of current authorized legal presence in  the 
9.18 	United States; and   
9.19 	(2) the document holder may request an administrative  review of the cancellation 
9.20 	under Minnesota Rules, part  7409.4600, or successor rules.
9.21 		Subd. 5. Administrative review. Any administrative  review of the cancellation 
9.22 	of the state document or the denial  to issue a state document under this section must be 
9.23 	conducted  under Minnesota Rules, part 7409.4600, or successor rules. 
9.24 		Subd. 6. Fees. (a) A state document holder who applies  for a six-month extension of 
9.25 	the status check date on the  driver's license, permit, or identification card before the  status 
9.26 	check date expires must not be charged a fee for  reissuance of the state document if there 
9.27 	is no change to the  address or name on the state document.   
9.28 	(b) If the status check date on the driver's license,  permit, or identification card is 
9.29 	current or has expired and the  applicant presents federal documentation indicating an 
9.30 	extended  lawful admission period, the applicant shall pay the fee for a  duplicate card as 
9.31 	specified in section 171.06.   
9.32 	(c) The state document holder is required to pay the  renewal fee as specified in 
9.33 	section 171.06 upon the expiration  of the driver's license, permit, or identification card.
9.34 	

9.35 	EFFECTIVE DATE. This section is effective the day following final enactment. 

10.1 	Sec. 8. Minnesota Statutes 2004, section 171.22, subdivision 2, is amended to read:
10.2 		Subd. 2.Penalties. Any person who violates any provision of subdivision 1, clause 
10.3 	(4), (7), or (8), is guilty of a gross misdemeanor. Any person who violates any other 
10.4 	provision of subdivision 1 is guilty of a misdemeanor.

10.5 	EFFECTIVE DATE. This section is effective August 1, 2006, and applies to crimes 
10.6 	committed on or after that date.