Bill Text: MN SF271 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Driving privilege license establishment; driver's license application procedures and requirements modifications
Spectrum: Moderate Partisan Bill (Democrat 28-4)
Status: (Engrossed - Dead) 2013-05-20 - Senate file first reading, referred to Ways and Means [SF271 Detail]
Download: Minnesota-2013-SF271-Engrossed.html
1.2relating to transportation; modifying application procedures and requirements for
1.3driver's license; creating driving privilege license and setting fee for issuance;
1.4amending Minnesota Statutes 2012, sections 171.01, subdivisions 37, 49a, by
1.5adding a subdivision; 171.06, subdivisions 1, 2, 3; 171.07, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 171.01, is amended by adding a
1.8subdivision to read:
1.9 Subd. 31c. Driving privilege license. "Driving privilege license" means a class
1.10D license, instruction permit, or provisional license to operate a motor vehicle issued or
1.11issuable under the laws of this state by the commissioner of public safety to a person who
1.12is unable to demonstrate legal presence in this country through current lawful admission
1.13status, permanent resident status, indefinite authorized presence status, or United
1.14States citizenship. A driving privilege license may be used only for driving and not as
1.15identification or proof of legal presence or citizenship. A driving privilege license must not
1.16be used or accepted for voter registration purposes under section 201.061. All provisions
1.17in this chapter relating to drivers' licenses, instruction permits, and provisional licenses,
1.18including cancellation, suspension, revocation, reinstatement, examination, restriction,
1.19expiration, renewal, and unlawful acts and violations, apply to a driving privilege license.
1.20 Sec. 2. Minnesota Statutes 2012, section 171.01, subdivision 37, is amended to read:
1.21 Subd. 37. License. "License" means any operator's license or any other license or
1.22permit to operate a motor vehicle issued or issuable under the laws of this state by the
1.23commissioner of public safety including:
2.1(1) any temporary license, driving privilege license, instruction permit, or
2.2provisional license;
2.3(2) the privilege of any person to drive a motor vehicle whether or not the person
2.4holds a valid license; and
2.5(3) any nonresident's operating privilege.
2.6 Sec. 3. Minnesota Statutes 2012, section 171.01, subdivision 49a, is amended to read:
2.7 Subd. 49a. Valid license; valid driver's license. "Valid license," "valid driver's
2.8license," "valid Minnesota driver's license," "valid standard driver's license," or other
2.9similar term, means any operator's license, provisional license, driving privilege license,
2.10temporary license, limited license, permit, or other license to operate a motor vehicle
2.11issued or issuable under the laws of this state by the commissioner, or by another state or
2.12jurisdiction if specified, that is:
2.13 (1) not expired, suspended, revoked, or canceled; and
2.14 (2) not disqualified for the class of vehicle being operated.
2.15 Sec. 4. Minnesota Statutes 2012, section 171.06, subdivision 1, is amended to read:
2.16 Subdivision 1. Forms of application. Every application for a Minnesota
2.17identification card, for an enhanced identification card, for an instruction permit, for
2.18a provisional license, for a driver's license, driving privilege license, or for an enhanced
2.19driver's license must be made in a format approved by the department, and every
2.20application must be accompanied by the proper fee. All first-time applications and
2.21change-of-status applications must be signed in the presence of the person authorized to
2.22accept the application, or the signature on the application may be verified by a notary
2.23public. All applications requiring evidence of legal presence in the United States or United
2.24States citizenship must be signed in the presence of the person authorized to accept the
2.25application, or the signature on the application may be verified by a notary public.
2.26 Sec. 5. Minnesota Statutes 2012, section 171.06, subdivision 2, is amended to read:
2.27 Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
2.28as follows:
3.22In addition to each fee required in this paragraph, the commissioner shall collect a
3.23surcharge of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30,
3.242016. Surcharges collected under this paragraph must be credited to the driver and vehicle
3.25services technology account in the special revenue fund under section299A.705 .
3.26 (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
3.27has a driving record free of (1) convictions for a violation of section169A.20 ,
169A.33 ,
3.28169A.35
, or sections
169A.50 to
169A.53 , (2) convictions for crash-related moving
3.29violations, and (3) convictions for moving violations that are not crash related, shall have a
3.30$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
3.31has the meaning given it in section171.04, subdivision 1 .
3.32 (c) In addition to the driver's license fee required under paragraph (a), the
3.33commissioner shall collect an additional $4 processing fee from each new applicant
3.34or individual renewing a license with a school bus endorsement to cover the costs for
3.35processing an applicant's initial and biennial physical examination certificate. The
3.36department shall not charge these applicants any other fee to receive or renew the
3.37endorsement.
3.38(d) In addition to the fee required under paragraph (a), a driver's license agent may
3.39charge and retain a filing fee as provided under section171.061, subdivision 4 .
3.40(e) In addition to the fee required under paragraph (a), the commissioner shall
3.41charge a filing fee at the same amount as a driver's license agent under section171.061 ,
4.1subdivision 4. Revenue collected under this paragraph must be deposited in the driver
4.2services operating account.
4.3(f) An application for a Minnesota identification card, instruction permit, provisional
4.4license, driving privilege license, or driver's license, including an application for renewal,
4.5must contain a provision that allows the applicant to add to the fee under paragraph (a),
4.6a $2 donation for the purposes of public information and education on anatomical gifts
4.7under section171.075 .
4.8 Sec. 6. Minnesota Statutes 2012, section 171.06, subdivision 3, is amended to read:
4.9 Subd. 3.Contents of Application; other information requirements. (a) An
4.10application must:
4.11 (1) state the full name, date of birth, sex, and either (i) the residence address of the
4.12applicant, or (ii) designated address under section5B.05 ;
4.13 (2) as may be required by the commissioner, contain a description of the applicant
4.14and any other facts pertaining to the applicant, the applicant's driving privileges, and the
4.15applicant's ability to operate a motor vehicle with safety;
4.16 (3) state:
4.17 (i) the applicant's Social Security number; or
4.18 (ii) if the applicant does not have a Social Security number and is applying for a
4.19Minnesota identification card, instruction permit, or class D provisional or driver's license,
4.20that the applicant certifies that the applicant does not have a Social Security number;
4.21 (4) in the case of an application for an enhanced driver's license or enhanced
4.22identification card, present:
4.23(i) proof satisfactory to the commissioner of the applicant's full legal name, United
4.24States citizenship, identity, date of birth, Social Security number, and residence address; and
4.25(ii) a photographic identity document;
4.26(5) contain a space where the applicant may indicate a desire to make an anatomical
4.27gift according to paragraph (b);
4.28 (6) contain a notification to the applicant of the availability of a living will/health
4.29care directive designation on the license under section171.07, subdivision 7 ; and
4.30(7) contain a space where the applicant may request a veteran designation on the
4.31license under section171.07, subdivision 15 , and the driving record under section
171.12 ,
4.32subdivision 5a.; and
4.33(8) contain a space where the applicant must attest to a residence address in
4.34Minnesota.
5.1 (b) If the applicant does not indicate a desire to make an anatomical gift when
5.2the application is made, the applicant must be offered a donor document in accordance
5.3with section171.07, subdivision 5 . The application must contain statements sufficient to
5.4comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
5.5Act, chapter 525A, so that execution of the application or donor document will make
5.6the anatomical gift as provided in section171.07, subdivision 5 , for those indicating a
5.7desire to make an anatomical gift. The application must be accompanied by information
5.8describing Minnesota laws regarding anatomical gifts and the need for and benefits of
5.9anatomical gifts, and the legal implications of making an anatomical gift, including the
5.10law governing revocation of anatomical gifts. The commissioner shall distribute a notice
5.11that must accompany all applications for and renewals of a driver's license or Minnesota
5.12identification card. The notice must be prepared in conjunction with a Minnesota organ
5.13procurement organization that is certified by the federal Department of Health and Human
5.14Services and must include:
5.15 (1) a statement that provides a fair and reasonable description of the organ donation
5.16process, the care of the donor body after death, and the importance of informing family
5.17members of the donation decision; and
5.18 (2) a telephone number in a certified Minnesota organ procurement organization that
5.19may be called with respect to questions regarding anatomical gifts.
5.20 (c) The application must be accompanied also by information containing relevant
5.21facts relating to:
5.22 (1) the effect of alcohol on driving ability;
5.23 (2) the effect of mixing alcohol with drugs;
5.24 (3) the laws of Minnesota relating to operation of a motor vehicle while under the
5.25influence of alcohol or a controlled substance; and
5.26 (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
5.27for alcohol-related violations.
5.28(d) A government identification card is:
5.29(1) an acceptable form of proof of identity in application for a Minnesota
5.30identification card, instruction permit, or driver's license; and
5.31(2) a primary document for purposes of Minnesota Rules, part 7410.0400.
5.32(e) For purposes of this section, "government identification card" means a valid,
5.33unexpired passport issued by a country other than the United States with a certified birth
5.34certificate from a country other than the United States, the District of Columbia, Guam,
5.35Puerto Rico, or the United States Virgin Islands. A passport and birth certificate under this
5.36paragraph must have security features that make the document as impervious to alteration
6.1as is reasonably practicable in its design and quality of material and technology, using
6.2materials that are not readily available to the general public. Any document not in English
6.3must be accompanied by a qualified English translation.
6.4EFFECTIVE DATE.This section is effective January 1, 2014.
6.5 Sec. 7. Minnesota Statutes 2012, section 171.07, subdivision 1, is amended to read:
6.6 Subdivision 1. License; contents. (a) Upon the payment of the required fee, the
6.7department shall issue to every qualifying applicant a license designating the type or
6.8class of vehicles the applicant is authorized to drive as applied for. This license must
6.9bear a distinguishing number assigned to the licensee; the licensee's full name and date
6.10of birth; either (1) the licensee's residence address, or (2) the designated address under
6.11section5B.05 ; a description of the licensee in a manner as the commissioner deems
6.12necessary; and the usual signature of the licensee. No license is valid unless it bears
6.13the usual signature of the licensee. Every license must bear a colored photograph or an
6.14electronically produced image of the licensee. A driving privilege license must be plainly
6.15marked "FOR DRIVING ONLY."
6.16 (b) If the United States Postal Service will not deliver mail to the applicant's
6.17residence address as listed on the license, then the applicant shall provide verification from
6.18the United States Postal Service that mail will not be delivered to the applicant's residence
6.19address and that mail will be delivered to a specified alternate mailing address. When an
6.20applicant provides an alternate mailing address under this subdivision, the commissioner
6.21shall use the alternate mailing address in lieu of the applicant's residence address for
6.22all notices and mailings to the applicant.
6.23 (c) Every license issued to an applicant under the age of 21 must be of a
6.24distinguishing color and plainly marked "Under-21."
6.25 (d) The department shall use processes in issuing a license that prohibit, as nearly as
6.26possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
6.27photograph or electronically produced image on a license, without ready detection.
6.28 (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
6.29requested by the applicant.
6.30 Sec. 8. ELECTION JUDGE TRAINING.
6.31The secretary of state shall inform each county auditor that a driving privilege
6.32license as defined in Minnesota Statutes, section 171.01, subdivision 31c, must not be used
6.33or accepted for voter registration purposes under Minnesota Statutes, section 201.061.
6.34Each county auditor must inform all election officials and election judges hired for an
7.1election that a driving privilege license must not be used or accepted for voter registration
7.2purposes under Minnesota Statutes, section 201.061. County auditors and municipal
7.3clerks must include this information in all election judge training courses.
7.4 Sec. 9. EFFECTIVE DATE.
7.5This act is effective January 1, 2014, for a new driver's license, permit, or
7.6identification card, and a renewal issued on or after that date.
1.3driver's license; creating driving privilege license and setting fee for issuance;
1.4amending Minnesota Statutes 2012, sections 171.01, subdivisions 37, 49a, by
1.5adding a subdivision; 171.06, subdivisions 1, 2, 3; 171.07, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 171.01, is amended by adding a
1.8subdivision to read:
1.9 Subd. 31c. Driving privilege license. "Driving privilege license" means a class
1.10D license, instruction permit, or provisional license to operate a motor vehicle issued or
1.11issuable under the laws of this state by the commissioner of public safety to a person who
1.12is unable to demonstrate legal presence in this country through current lawful admission
1.13status, permanent resident status, indefinite authorized presence status, or United
1.14States citizenship. A driving privilege license may be used only for driving and not as
1.15identification or proof of legal presence or citizenship. A driving privilege license must not
1.16be used or accepted for voter registration purposes under section 201.061. All provisions
1.17in this chapter relating to drivers' licenses, instruction permits, and provisional licenses,
1.18including cancellation, suspension, revocation, reinstatement, examination, restriction,
1.19expiration, renewal, and unlawful acts and violations, apply to a driving privilege license.
1.20 Sec. 2. Minnesota Statutes 2012, section 171.01, subdivision 37, is amended to read:
1.21 Subd. 37. License. "License" means any operator's license or any other license or
1.22permit to operate a motor vehicle issued or issuable under the laws of this state by the
1.23commissioner of public safety including:
2.1(1) any temporary license, driving privilege license, instruction permit, or
2.2provisional license;
2.3(2) the privilege of any person to drive a motor vehicle whether or not the person
2.4holds a valid license; and
2.5(3) any nonresident's operating privilege.
2.6 Sec. 3. Minnesota Statutes 2012, section 171.01, subdivision 49a, is amended to read:
2.7 Subd. 49a. Valid license; valid driver's license. "Valid license," "valid driver's
2.8license," "valid Minnesota driver's license," "valid standard driver's license," or other
2.9similar term, means any operator's license, provisional license, driving privilege license,
2.10temporary license, limited license, permit, or other license to operate a motor vehicle
2.11issued or issuable under the laws of this state by the commissioner, or by another state or
2.12jurisdiction if specified, that is:
2.13 (1) not expired, suspended, revoked, or canceled; and
2.14 (2) not disqualified for the class of vehicle being operated.
2.15 Sec. 4. Minnesota Statutes 2012, section 171.06, subdivision 1, is amended to read:
2.16 Subdivision 1. Forms of application. Every application for a Minnesota
2.17identification card, for an enhanced identification card, for an instruction permit, for
2.18a provisional license, for a driver's license, driving privilege license, or for an enhanced
2.19driver's license must be made in a format approved by the department, and every
2.20application must be accompanied by the proper fee. All first-time applications and
2.21change-of-status applications must be signed in the presence of the person authorized to
2.22accept the application, or the signature on the application may be verified by a notary
2.23public. All applications requiring evidence of legal presence in the United States or United
2.24States citizenship must be signed in the presence of the person authorized to accept the
2.25application, or the signature on the application may be verified by a notary public.
2.26 Sec. 5. Minnesota Statutes 2012, section 171.06, subdivision 2, is amended to read:
2.27 Subd. 2. Fees. (a) The fees for a license and Minnesota identification card are
2.28as follows:
3.22In addition to each fee required in this paragraph, the commissioner shall collect a
3.23surcharge of: (1) $1.75 until June 30, 2012; and (2) $1.00 from July 1, 2012, to June 30,
3.242016. Surcharges collected under this paragraph must be credited to the driver and vehicle
3.25services technology account in the special revenue fund under section
3.26 (b) Notwithstanding paragraph (a), an individual who holds a provisional license and
3.27has a driving record free of (1) convictions for a violation of section
3.29violations, and (3) convictions for moving violations that are not crash related, shall have a
3.30$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation"
3.31has the meaning given it in section
3.32 (c) In addition to the driver's license fee required under paragraph (a), the
3.33commissioner shall collect an additional $4 processing fee from each new applicant
3.34or individual renewing a license with a school bus endorsement to cover the costs for
3.35processing an applicant's initial and biennial physical examination certificate. The
3.36department shall not charge these applicants any other fee to receive or renew the
3.37endorsement.
3.38(d) In addition to the fee required under paragraph (a), a driver's license agent may
3.39charge and retain a filing fee as provided under section
3.40(e) In addition to the fee required under paragraph (a), the commissioner shall
3.41charge a filing fee at the same amount as a driver's license agent under section
4.1subdivision 4. Revenue collected under this paragraph must be deposited in the driver
4.2services operating account.
4.3(f) An application for a Minnesota identification card, instruction permit, provisional
4.4license, driving privilege license, or driver's license, including an application for renewal,
4.5must contain a provision that allows the applicant to add to the fee under paragraph (a),
4.6a $2 donation for the purposes of public information and education on anatomical gifts
4.7under section
4.8 Sec. 6. Minnesota Statutes 2012, section 171.06, subdivision 3, is amended to read:
4.9 Subd. 3.
4.10application must:
4.11 (1) state the full name, date of birth, sex, and either (i) the residence address of the
4.12applicant, or (ii) designated address under section
4.13 (2) as may be required by the commissioner, contain a description of the applicant
4.14and any other facts pertaining to the applicant, the applicant's driving privileges, and the
4.15applicant's ability to operate a motor vehicle with safety;
4.16 (3) state:
4.17 (i) the applicant's Social Security number; or
4.18 (ii) if the applicant does not have a Social Security number and is applying for a
4.19Minnesota identification card, instruction permit, or class D provisional or driver's license,
4.20that the applicant certifies that the applicant does not have a Social Security number;
4.21 (4) in the case of an application for an enhanced driver's license or enhanced
4.22identification card, present:
4.23(i) proof satisfactory to the commissioner of the applicant's full legal name, United
4.24States citizenship, identity, date of birth, Social Security number, and residence address; and
4.25(ii) a photographic identity document;
4.26(5) contain a space where the applicant may indicate a desire to make an anatomical
4.27gift according to paragraph (b);
4.28 (6) contain a notification to the applicant of the availability of a living will/health
4.29care directive designation on the license under section
4.30(7) contain a space where the applicant may request a veteran designation on the
4.31license under section
4.32subdivision 5a
4.33(8) contain a space where the applicant must attest to a residence address in
4.34Minnesota.
5.1 (b) If the applicant does not indicate a desire to make an anatomical gift when
5.2the application is made, the applicant must be offered a donor document in accordance
5.3with section
5.4comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
5.5Act, chapter 525A, so that execution of the application or donor document will make
5.6the anatomical gift as provided in section
5.7desire to make an anatomical gift. The application must be accompanied by information
5.8describing Minnesota laws regarding anatomical gifts and the need for and benefits of
5.9anatomical gifts, and the legal implications of making an anatomical gift, including the
5.10law governing revocation of anatomical gifts. The commissioner shall distribute a notice
5.11that must accompany all applications for and renewals of a driver's license or Minnesota
5.12identification card. The notice must be prepared in conjunction with a Minnesota organ
5.13procurement organization that is certified by the federal Department of Health and Human
5.14Services and must include:
5.15 (1) a statement that provides a fair and reasonable description of the organ donation
5.16process, the care of the donor body after death, and the importance of informing family
5.17members of the donation decision; and
5.18 (2) a telephone number in a certified Minnesota organ procurement organization that
5.19may be called with respect to questions regarding anatomical gifts.
5.20 (c) The application must be accompanied also by information containing relevant
5.21facts relating to:
5.22 (1) the effect of alcohol on driving ability;
5.23 (2) the effect of mixing alcohol with drugs;
5.24 (3) the laws of Minnesota relating to operation of a motor vehicle while under the
5.25influence of alcohol or a controlled substance; and
5.26 (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
5.27for alcohol-related violations.
5.28(d) A government identification card is:
5.29(1) an acceptable form of proof of identity in application for a Minnesota
5.30identification card, instruction permit, or driver's license; and
5.31(2) a primary document for purposes of Minnesota Rules, part 7410.0400.
5.32(e) For purposes of this section, "government identification card" means a valid,
5.33unexpired passport issued by a country other than the United States with a certified birth
5.34certificate from a country other than the United States, the District of Columbia, Guam,
5.35Puerto Rico, or the United States Virgin Islands. A passport and birth certificate under this
5.36paragraph must have security features that make the document as impervious to alteration
6.1as is reasonably practicable in its design and quality of material and technology, using
6.2materials that are not readily available to the general public. Any document not in English
6.3must be accompanied by a qualified English translation.
6.4EFFECTIVE DATE.This section is effective January 1, 2014.
6.5 Sec. 7. Minnesota Statutes 2012, section 171.07, subdivision 1, is amended to read:
6.6 Subdivision 1. License; contents. (a) Upon the payment of the required fee, the
6.7department shall issue to every qualifying applicant a license designating the type or
6.8class of vehicles the applicant is authorized to drive as applied for. This license must
6.9bear a distinguishing number assigned to the licensee; the licensee's full name and date
6.10of birth; either (1) the licensee's residence address, or (2) the designated address under
6.11section
6.12necessary; and the usual signature of the licensee. No license is valid unless it bears
6.13the usual signature of the licensee. Every license must bear a colored photograph or an
6.14electronically produced image of the licensee. A driving privilege license must be plainly
6.15marked "FOR DRIVING ONLY."
6.16 (b) If the United States Postal Service will not deliver mail to the applicant's
6.17residence address as listed on the license, then the applicant shall provide verification from
6.18the United States Postal Service that mail will not be delivered to the applicant's residence
6.19address and that mail will be delivered to a specified alternate mailing address. When an
6.20applicant provides an alternate mailing address under this subdivision, the commissioner
6.21shall use the alternate mailing address in lieu of the applicant's residence address for
6.22all notices and mailings to the applicant.
6.23 (c) Every license issued to an applicant under the age of 21 must be of a
6.24distinguishing color and plainly marked "Under-21."
6.25 (d) The department shall use processes in issuing a license that prohibit, as nearly as
6.26possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
6.27photograph or electronically produced image on a license, without ready detection.
6.28 (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
6.29requested by the applicant.
6.30 Sec. 8. ELECTION JUDGE TRAINING.
6.31The secretary of state shall inform each county auditor that a driving privilege
6.32license as defined in Minnesota Statutes, section 171.01, subdivision 31c, must not be used
6.33or accepted for voter registration purposes under Minnesota Statutes, section 201.061.
6.34Each county auditor must inform all election officials and election judges hired for an
7.1election that a driving privilege license must not be used or accepted for voter registration
7.2purposes under Minnesota Statutes, section 201.061. County auditors and municipal
7.3clerks must include this information in all election judge training courses.
7.4 Sec. 9. EFFECTIVE DATE.
7.5This act is effective January 1, 2014, for a new driver's license, permit, or
7.6identification card, and a renewal issued on or after that date.
