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S.F. No. 224 - Driver’s Licenses and Minnesota Identification Cards Eligibility (First Engrossment)
 
Author: Senator Bobby Joe Champion
 
Prepared By: Krista Boyd, Senate Fiscal Analyst (651/296-7681)
 
Date: March 23, 2015



 

Section 1 inserts a definition of “driving card” into the statutory section that provides definitions for the Drivers’ Licenses and Training Schools chapter.  A driving card is a class D license or permit for a person who is unable to demonstrate lawful presence in this country.

Section 2 specifies that a driving card may be used only to operate the appropriate type of vehicle, and may not be used for voter registration purposes.

Section 3 sets a fee of $17.25 for issuance of a driving card.

Section 4 adds a requirement to the application form for a driver’s license or state ID card, to have the applicant attest to a residence address in Minnesota.  This requirement now appears in Minnesota Rule, part 7410.0410.  The application is also required to state that the applicant need not enter a Social Security number if the applicant does not have one and is applying for a class D driver’s license or state ID card.

Section 5 provides that foreign governmental identification is an acceptable primary document for proving identity in applying for a driving card or state ID card.  Foreign governmental identification is defined as a valid, unexpired passport and a matching certified birth certificate.

Section 6 provides that a driving card must display “FOR DRIVING ONLY” on the back of the card; a state identification card issued to a person who cannot demonstrate lawful presence must display “FOR IDENTITY ONLY” on the back of the card.

Section 7 directs the secretary of state to inform county auditors, who must inform election officials and election judges, not to accept for voter registration purposes a driving card or Minnesota identification card that displays the words in section 6.  County auditors and municipal clerks must include this information in election judge training.

Section 8 repeals a series of Minnesota Rules, subparts relating to proof of residency in the application process.  They are:

  • Part 7410.0410, subpart 1 – requiring at initial application attestation to a residence address in Minnesota, along with proof of citizenship or legal presence.
  • Part 7410.0410, subpart 2 – requiring at renewal application attestation to a Minnesota residence and proof of short-term admission status, where applicable.
  • Part 7410.0410, subpart 3 – providing that a driver’s license or card from another jurisdiction does not prove lawful presence or citizenship.
  • Part 7410.0410, subpart 4 – requiring attestation of Minnesota residency, along with documentation; document for purpose of proving short-term admission must state end date.
  • Part 7410.0410, subpart 5 – requiring proof of name change if applicant’s name is different from name on required document.
  • Part 7410.0410, subpart 6 – denying short-term resident a license if legal presence ends in fewer than 30 days; granting license with status check date to applicant with legal presence of 30 days or more.
  • Part 7410.0410, subpart 7 – prohibiting issuance of license or card to individual without lawful admission to USA.
  • Part 7410.0410, subpart 8 – requiring indication of short-term admission status check date on the license or card.
  • Part 7410.0410, subpart 9 – requiring reissuance of license or card with new status check date when short-term admission period is extended.
  • Part 7410.0410, subpart 10 – providing for cancellation of a license or card that is not reissued when the status check date on the card passes.
  • Part 7410.0410, subpart 11 – requiring the Department of Public Safety (DPS) to mail a notice to a license/card holder that the status check date is close to expiration, including reissuance requirements.
  • Part 7410.0410, subpart 12 – requiring DPS to mail a cancellation order to a license/card holder whose document is within seven days of the status check date, including application requirements.
  • Part 7410.0410, subpart 13 – providing for administrative review of the cancellation or denial.
  • Part 7410.0410, subpart 14 -  providing for payment of fees for renewal or reissuance when the status check date or driver’s license has expired; providing for no fee for reissuance before expiration of status check date.

Section 9 makes the act effective January 1, 2016, for a new or renewal license or card issued on or after that date.

 

 

 
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