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HF 3554

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to government data practices; regulating use of driver's license numbers
and application information; amending Minnesota Statutes 2006, sections
13.6905, subdivision 2, by adding a subdivision; 168.346, subdivision 1, by
adding a subdivision; 171.12, subdivision 7, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 13.6905, subdivision 2, is amended to read:


Subd. 2.

Vehicle registration application data.

deleted text begin Certaindeleted text end new text begin Driver's license numbers
and other new text end information provided in applications for motor vehicle registrations deleted text begin isdeleted text end new text begin are
new text end governed under section deleted text begin 168.10, subdivisiondeleted text end new text begin 168.346, subdivisionsnew text end 1new text begin and 1anew text end .

Sec. 2.

Minnesota Statutes 2006, section 13.6905, is amended by adding a subdivision
to read:


new text begin Subd. 9a. new text end

new text begin Driver's license number and application data. new text end

new text begin Driver's license numbers
and information provided in applications for drivers' licenses are governed under section
171.12, subdivisions 7 and 7a.
 new text end

Sec. 3.

Minnesota Statutes 2006, section 168.346, subdivision 1, is amended to read:


Subdivision 1.

Vehicle registration data; federal compliance.

(a) new text begin The Department
of Public Safety shall treat new text end data on an individual provided to register a vehicle deleted text begin shall be
treateddeleted text end new text begin , including the driver's license number,new text end as provided by United States Code, title 18,
section 2721, as in effect on May 23, 2005, and deleted text begin shall be discloseddeleted text end new text begin may disclose that data
onlynew text end as required or permitted by that section.

(b) The registered owner of a vehicle who is an individual may consent in writing to
the commissioner to disclose the individual's personal information exempted by United
States Code, title 18, section 2721, to any person who makes a written request for the
personal information. If the registered owner is an individual and so authorizes disclosure,
the commissioner shall implement the request.

(c) If authorized by the registered owner as indicated in paragraph (b), the registered
owner's personal information may be used, rented, or sold solely for bulk distribution by
organizations for business purposes including surveys, marketing, or solicitation.

Sec. 4.

Minnesota Statutes 2006, section 168.346, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Driver's license number classified as private data on individuals.
 new text end

new text begin Except as otherwise provided for the Department of Public Safety under subdivision 1:
 new text end

new text begin (1) driver's license numbers must be treated as private data on individuals, as defined
in section 13.02, subdivision 12; and
 new text end

new text begin (2) data in applications for drivers' licenses provided to a state or local government
agency must also be treated as private data on individuals if the data is provided by the
department.
 new text end

Sec. 5.

Minnesota Statutes 2006, section 171.12, subdivision 7, is amended to read:


Subd. 7.

Privacy of data.

(a) new text begin The department shall treat driver's license numbers
and new text end data on individuals provided to obtain a driver's license or Minnesota identification
card deleted text begin shall be treateddeleted text end as provided by United States Code, title 18, section 2721, as in
effect on May 23, 2005, and deleted text begin shall be discloseddeleted text end new text begin may disclose the numbers or data only new text end as
required or permitted by that section.

(b) An applicant for a driver's license or a Minnesota identification card may consent,
in writing, to the commissioner to disclose the applicant's personal information exempted
by United States Code, title 18, section 2721, to any person who makes a request for the
personal information. If the applicant so authorizes disclosures, the commissioner shall
implement the request and the information may be used.

(c) If authorized by an applicant for a driver's license or a Minnesota identification
card, as indicated in paragraph (b), the applicant's personal information may be used,
rented, or sold solely for bulk distribution by organizations for business purposes,
including surveys, marketing, or solicitation.

(d) An applicant for a driver's license, instruction permit, or Minnesota identification
card may request that the applicant's residence address be classified as "private data on
individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant
the classification on receipt of a signed statement by the individual that the classification
is required for the safety of the applicant or the applicant's family, if the statement also
provides a valid, existing address where the applicant consents to receive service of
process. The commissioner shall use the service for process mailing address in place of the
residence address in all documents and notices pertaining to the driver's license, instruction
permit, or Minnesota identification card. The residence address and any information
provided in the classification request, other than the mailing address, are private data on
individuals and may be provided to requesting law enforcement agencies, probation and
parole agencies, and public authorities, as defined in section 518A.26, subdivision 18.

Sec. 6.

Minnesota Statutes 2006, section 171.12, is amended by adding a subdivision
to read:


new text begin Subd. 7b. new text end

new text begin Driver's license number classified as private data on individuals.
 new text end

new text begin Except as otherwise provided for the Department of Public Safety under subdivision 7:
 new text end

new text begin (1) driver's license numbers must be treated as private data on individuals, as defined
in section 13.02, subdivision 12; and
 new text end

new text begin (2) data in applications for drivers' licenses provided to a state or local government
agency must also be treated as private data on individuals if the data is provided by the
department.
 new text end