Bill Text: MN HF2906 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Safe at home program and driver's licenses provisions amended.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-03-20 - Authors stricken Hornstein and Gauthier [HF2906 Detail]
Download: Minnesota-2011-HF2906-Introduced.html
1.2relating to transportation; amending provisions governing the safe at home
1.3program and driver's licenses; amending Minnesota Statutes 2010, sections
1.45B.03, subdivisions 1, 3, by adding a subdivision; 5B.05; 171.06, subdivisions 3,
1.53a, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 5B.03, subdivision 1, is amended to read:
1.8 Subdivision 1. Application. The secretary of state shall certify an eligible person as
1.9a program participant when the secretary receives an application that must contain:
1.10 (1) the name of the eligible person;
1.11 (2) a statement by the applicant that the applicant has good reason to believe (i) that
1.12the eligible person listed on the application is a victim of domestic violence, sexual assault,
1.13or stalking, (ii) that the eligible person fears for the person's safety or the safety of persons
1.14on whose behalf the application is made, and (iii) that the eligible person is not applying
1.15for certification as a program participant in order to avoid prosecution for a crime;
1.16 (3) a designation of the secretary of state as agent for purposes of service of process
1.17and for the purpose of receipt of mail;
1.18 (4) the mailing address where the eligible person can be contacted by the secretary
1.19of state, and if any is available:
1.20(i) the electronic mailing address where the applicant or eligible person can be
1.21contacted by the secretary of state; and
1.22(ii) the phone number or numbers where the applicant or eligible person can be
1.23called by the secretary of state;
1.24 (5) the physical address or addresses of the eligible person, disclosure of which will
1.25increase the risk of domestic violence, sexual assault, or stalking;
2.1 (6) a statement whether the eligible person would like information on becoming an
2.2ongoing absentee ballot recipient pursuant to section 5B.06;
2.3 (7) a statement from the eligible person that gives the secretary of state consent to
2.4confirm the eligible person's participation in Safe at Home to a third party who provides
2.5the program participant's first and last name and Safe at Home lot number listed on the
2.6program participant's card;
2.7 (8) the signature of the applicant, an indicator of the applicant's authority to act on
2.8behalf of the eligible person, if appropriate, the name and signature of any individual or
2.9representative of any person who assisted in the preparation of the application, and the
2.10date on which the application was signed;and
2.11 (9) a designated alternate name for the eligible person, if the person chooses to
2.12provide one; and
2.13(10) any other information as required by the secretary of state.
2.14 Sec. 2. Minnesota Statutes 2010, section 5B.03, subdivision 3, is amended to read:
2.15 Subd. 3. Certification.Upon Within two business days of filing a properly
2.16completed application, the secretary of state shall certify the eligible person as a program
2.17participant. Program participants shall be certified for four years following the date of
2.18filing unless the certification is canceled, withdrawn or invalidated before that date. The
2.19secretary of state shall by rule establish a renewal procedure.
2.20 Sec. 3. Minnesota Statutes 2010, section 5B.03, is amended by adding a subdivision to
2.21read:
2.22 Subd. 7. Proof of identity. For purposes of proof of identity under this chapter,
2.23the secretary of state shall accept an expired, revoked, canceled, or suspended Minnesota
2.24driver's license or Minnesota identification card issued under chapter 171, except for
2.25a driver's license or identification card that is revoked, canceled, or suspended due to
2.26inaccurate information.
2.27 Sec. 4. Minnesota Statutes 2010, section 5B.05, is amended to read:
2.285B.05 USE OF DESIGNATED ADDRESS.
2.29(a) When a program participant presents the address designated by the secretary of
2.30state to any person, that address must be accepted as the address of the program participant.
2.31(b) A program participant may use the address designated by the secretary of state as
2.32the program participant's work address.
3.1(c) The Office of the Secretary of State shall forward all mail sent to the designated
3.2address to the proper program participants. The secretary of state shall not send any mail
3.3or produce any publicly visible document that identifies both the natural name and actual
3.4address of a program participant, if the participant has provided a designated alternate
3.5name.
3.6 Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to read:
3.7 Subd. 3. Contents of application; other information. (a) An application must:
3.8 (1) state the full name, date of birth, sex, and either (i) the residence address of
3.9the applicant, or (ii) designated address under section5B.05 , including the designated
3.10address of an applicant who, at the time of application under this section, has submitted an
3.11application but is not yet certified as a participant in the program under chapter 5B;
3.12 (2) as may be required by the commissioner, contain a description of the applicant
3.13and any other facts pertaining to the applicant, the applicant's driving privileges, and the
3.14applicant's ability to operate a motor vehicle with safety;
3.15 (3) state:
3.16 (i) the applicant's Social Security number; or
3.17 (ii) if the applicant does not have a Social Security number and is applying for a
3.18Minnesota identification card, instruction permit, or class D provisional or driver's license,
3.19that the applicant certifies that the applicant does not have a Social Security number;
3.20 (4) in the case of an application for an enhanced driver's license or enhanced
3.21identification card, present:
3.22(i) proof satisfactory to the commissioner of the applicant's full legal name, United
3.23States citizenship, identity, date of birth, Social Security number, and residence address;
3.24and
3.25(ii) a photographic identity document;
3.26(5) contain a space where the applicant may indicate a desire to make an anatomical
3.27gift according to paragraph (b);
3.28 (6) contain a notification to the applicant of the availability of a living will/health
3.29care directive designation on the license under section171.07, subdivision 7 ; and
3.30(7) contain a space where the applicant may request a veteran designation on the
3.31license under section171.07, subdivision 15 , and the driving record under section
171.12 ,
3.32subdivision 5a.
3.33 (b) If the applicant does not indicate a desire to make an anatomical gift when
3.34the application is made, the applicant must be offered a donor document in accordance
3.35with section171.07, subdivision 5 . The application must contain statements sufficient to
4.1comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
4.2Act, chapter 525A, so that execution of the application or donor document will make
4.3the anatomical gift as provided in section171.07, subdivision 5 , for those indicating a
4.4desire to make an anatomical gift. The application must be accompanied by information
4.5describing Minnesota laws regarding anatomical gifts and the need for and benefits of
4.6anatomical gifts, and the legal implications of making an anatomical gift, including the
4.7law governing revocation of anatomical gifts. The commissioner shall distribute a notice
4.8that must accompany all applications for and renewals of a driver's license or Minnesota
4.9identification card. The notice must be prepared in conjunction with a Minnesota organ
4.10procurement organization that is certified by the federal Department of Health and Human
4.11Services and must include:
4.12 (1) a statement that provides a fair and reasonable description of the organ donation
4.13process, the care of the donor body after death, and the importance of informing family
4.14members of the donation decision; and
4.15 (2) a telephone number in a certified Minnesota organ procurement organization that
4.16may be called with respect to questions regarding anatomical gifts.
4.17 (c) The application must be accompanied also by information containing relevant
4.18facts relating to:
4.19 (1) the effect of alcohol on driving ability;
4.20 (2) the effect of mixing alcohol with drugs;
4.21 (3) the laws of Minnesota relating to operation of a motor vehicle while under the
4.22influence of alcohol or a controlled substance; and
4.23 (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
4.24for alcohol-related violations.
4.25 Sec. 6. Minnesota Statutes 2010, section 171.06, subdivision 3a, is amended to read:
4.26 Subd. 3a. Middle or family name. (a) For the purposes of subdivision 3, and
4.27section171.07, subdivision 1 , the full name of a married applicant may include, at
4.28the option of the applicant, the applicant's family name prior to marriage instead of
4.29the applicant's given middle name, notwithstanding the middle name specified on the
4.30applicant's marriage certificate.
4.31(b) For the purposes of subdivision 3, and section 171.07, subdivision 1, the family
4.32name of a divorced applicant may consist of the applicant's family name prior to marriage
4.33at the option of the applicant.
5.1 Sec. 7. Minnesota Statutes 2010, section 171.06, is amended by adding a subdivision
5.2to read:
5.3 Subd. 7. Expedited issuance. (a) The commissioner shall establish a process for
5.4expedited issuance of a driver's license or Minnesota identification card to an applicant
5.5who identifies an immediate or emergency necessity due to threat of (1) negative health,
5.6safety, or personal welfare impacts; or (2) substantial disruption to the economic or
5.7personal well-being of the applicant or the applicant's immediate family.
5.8(b) The commissioner shall not charge a fee for an expedited issuance under this
5.9subdivision.
1.3program and driver's licenses; amending Minnesota Statutes 2010, sections
1.45B.03, subdivisions 1, 3, by adding a subdivision; 5B.05; 171.06, subdivisions 3,
1.53a, by adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 5B.03, subdivision 1, is amended to read:
1.8 Subdivision 1. Application. The secretary of state shall certify an eligible person as
1.9a program participant when the secretary receives an application that must contain:
1.10 (1) the name of the eligible person;
1.11 (2) a statement by the applicant that the applicant has good reason to believe (i) that
1.12the eligible person listed on the application is a victim of domestic violence, sexual assault,
1.13or stalking, (ii) that the eligible person fears for the person's safety or the safety of persons
1.14on whose behalf the application is made, and (iii) that the eligible person is not applying
1.15for certification as a program participant in order to avoid prosecution for a crime;
1.16 (3) a designation of the secretary of state as agent for purposes of service of process
1.17and for the purpose of receipt of mail;
1.18 (4) the mailing address where the eligible person can be contacted by the secretary
1.19of state, and if any is available:
1.20(i) the electronic mailing address where the applicant or eligible person can be
1.21contacted by the secretary of state; and
1.22(ii) the phone number or numbers where the applicant or eligible person can be
1.23called by the secretary of state;
1.24 (5) the physical address or addresses of the eligible person, disclosure of which will
1.25increase the risk of domestic violence, sexual assault, or stalking;
2.1 (6) a statement whether the eligible person would like information on becoming an
2.2ongoing absentee ballot recipient pursuant to section 5B.06;
2.3 (7) a statement from the eligible person that gives the secretary of state consent to
2.4confirm the eligible person's participation in Safe at Home to a third party who provides
2.5the program participant's first and last name and Safe at Home lot number listed on the
2.6program participant's card;
2.7 (8) the signature of the applicant, an indicator of the applicant's authority to act on
2.8behalf of the eligible person, if appropriate, the name and signature of any individual or
2.9representative of any person who assisted in the preparation of the application, and the
2.10date on which the application was signed;
2.11 (9) a designated alternate name for the eligible person, if the person chooses to
2.12provide one; and
2.13(10) any other information as required by the secretary of state.
2.14 Sec. 2. Minnesota Statutes 2010, section 5B.03, subdivision 3, is amended to read:
2.15 Subd. 3. Certification.
2.16completed application, the secretary of state shall certify the eligible person as a program
2.17participant. Program participants shall be certified for four years following the date of
2.18filing unless the certification is canceled, withdrawn or invalidated before that date. The
2.19secretary of state shall by rule establish a renewal procedure.
2.20 Sec. 3. Minnesota Statutes 2010, section 5B.03, is amended by adding a subdivision to
2.21read:
2.22 Subd. 7. Proof of identity. For purposes of proof of identity under this chapter,
2.23the secretary of state shall accept an expired, revoked, canceled, or suspended Minnesota
2.24driver's license or Minnesota identification card issued under chapter 171, except for
2.25a driver's license or identification card that is revoked, canceled, or suspended due to
2.26inaccurate information.
2.27 Sec. 4. Minnesota Statutes 2010, section 5B.05, is amended to read:
2.285B.05 USE OF DESIGNATED ADDRESS.
2.29(a) When a program participant presents the address designated by the secretary of
2.30state to any person, that address must be accepted as the address of the program participant.
2.31(b) A program participant may use the address designated by the secretary of state as
2.32the program participant's work address.
3.1(c) The Office of the Secretary of State shall forward all mail sent to the designated
3.2address to the proper program participants. The secretary of state shall not send any mail
3.3or produce any publicly visible document that identifies both the natural name and actual
3.4address of a program participant, if the participant has provided a designated alternate
3.5name.
3.6 Sec. 5. Minnesota Statutes 2010, section 171.06, subdivision 3, is amended to read:
3.7 Subd. 3. Contents of application; other information. (a) An application must:
3.8 (1) state the full name, date of birth, sex, and either (i) the residence address of
3.9the applicant, or (ii) designated address under section
3.10address of an applicant who, at the time of application under this section, has submitted an
3.11application but is not yet certified as a participant in the program under chapter 5B;
3.12 (2) as may be required by the commissioner, contain a description of the applicant
3.13and any other facts pertaining to the applicant, the applicant's driving privileges, and the
3.14applicant's ability to operate a motor vehicle with safety;
3.15 (3) state:
3.16 (i) the applicant's Social Security number; or
3.17 (ii) if the applicant does not have a Social Security number and is applying for a
3.18Minnesota identification card, instruction permit, or class D provisional or driver's license,
3.19that the applicant certifies that the applicant does not have a Social Security number;
3.20 (4) in the case of an application for an enhanced driver's license or enhanced
3.21identification card, present:
3.22(i) proof satisfactory to the commissioner of the applicant's full legal name, United
3.23States citizenship, identity, date of birth, Social Security number, and residence address;
3.24and
3.25(ii) a photographic identity document;
3.26(5) contain a space where the applicant may indicate a desire to make an anatomical
3.27gift according to paragraph (b);
3.28 (6) contain a notification to the applicant of the availability of a living will/health
3.29care directive designation on the license under section
3.30(7) contain a space where the applicant may request a veteran designation on the
3.31license under section
3.32subdivision 5a.
3.33 (b) If the applicant does not indicate a desire to make an anatomical gift when
3.34the application is made, the applicant must be offered a donor document in accordance
3.35with section
4.1comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
4.2Act, chapter 525A, so that execution of the application or donor document will make
4.3the anatomical gift as provided in section
4.4desire to make an anatomical gift. The application must be accompanied by information
4.5describing Minnesota laws regarding anatomical gifts and the need for and benefits of
4.6anatomical gifts, and the legal implications of making an anatomical gift, including the
4.7law governing revocation of anatomical gifts. The commissioner shall distribute a notice
4.8that must accompany all applications for and renewals of a driver's license or Minnesota
4.9identification card. The notice must be prepared in conjunction with a Minnesota organ
4.10procurement organization that is certified by the federal Department of Health and Human
4.11Services and must include:
4.12 (1) a statement that provides a fair and reasonable description of the organ donation
4.13process, the care of the donor body after death, and the importance of informing family
4.14members of the donation decision; and
4.15 (2) a telephone number in a certified Minnesota organ procurement organization that
4.16may be called with respect to questions regarding anatomical gifts.
4.17 (c) The application must be accompanied also by information containing relevant
4.18facts relating to:
4.19 (1) the effect of alcohol on driving ability;
4.20 (2) the effect of mixing alcohol with drugs;
4.21 (3) the laws of Minnesota relating to operation of a motor vehicle while under the
4.22influence of alcohol or a controlled substance; and
4.23 (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
4.24for alcohol-related violations.
4.25 Sec. 6. Minnesota Statutes 2010, section 171.06, subdivision 3a, is amended to read:
4.26 Subd. 3a. Middle or family name. (a) For the purposes of subdivision 3, and
4.27section
4.28the option of the applicant, the applicant's family name prior to marriage instead of
4.29the applicant's given middle name, notwithstanding the middle name specified on the
4.30applicant's marriage certificate.
4.31(b) For the purposes of subdivision 3, and section 171.07, subdivision 1, the family
4.32name of a divorced applicant may consist of the applicant's family name prior to marriage
4.33at the option of the applicant.
5.1 Sec. 7. Minnesota Statutes 2010, section 171.06, is amended by adding a subdivision
5.2to read:
5.3 Subd. 7. Expedited issuance. (a) The commissioner shall establish a process for
5.4expedited issuance of a driver's license or Minnesota identification card to an applicant
5.5who identifies an immediate or emergency necessity due to threat of (1) negative health,
5.6safety, or personal welfare impacts; or (2) substantial disruption to the economic or
5.7personal well-being of the applicant or the applicant's immediate family.
5.8(b) The commissioner shall not charge a fee for an expedited issuance under this
5.9subdivision.
