1.1 	A bill for an act
1.2 	relating to privacy; prohibiting bulk distribution of personal information in 
1.3 	driver's license and motor vehicle records; requiring consent for Internet or 
1.4 	electronic access to records; specifying system security requirements; prohibiting 
1.5 	further use or release of records; establishing fees; providing for remedies 
1.6 	and imposing civil fines; establishing the public safety and financial crimes 
1.7 	account; appropriating money;amending Minnesota Statutes 2004, section 
1.8 	13.6905, subdivision 10; Minnesota Statutes 2005 Supplement, sections 13.6905, 
1.9 	subdivision 3; 168.346, subdivision 1; 171.12, subdivision 7; proposing coding 
1.10 	for new law in Minnesota Statutes, chapter 299A.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2005 Supplement, section 13.6905, subdivision 3, 
1.13 	is amended to read:
1.14 		Subd. 3.Motor vehicle registration. Various data on Access to motor vehicle 
1.15 	registrations are classified under registration data is governed by sections 168.327, 
1.16 	subdivision 3, and;168.346; and 299A.682.

1.17 	Sec. 2. Minnesota Statutes 2004, section 13.6905, subdivision 10, is amended to read:
1.18 		Subd. 10.Driver's license address or Minnesota identification card. The 
1.19 	residence address of certain individuals provided to the commissioner of public safety
1.20 	Access to data in drivers' driver's license or Minnesota identification card applications is 
1.21 	classified under sectiongoverned by sections 171.12, subdivision 7 and 299A.682. 

1.22 	Sec. 3. Minnesota Statutes 2005 Supplement, section 168.346, subdivision 1, is 
1.23 	amended to read:
1.24 		Subdivision 1.Vehicle registration data; federal compliance. (a) Except as 
1.25 	otherwise provided in this section and section 299A.682, data on an individual provided 
2.1 	to register a vehicle shall be treated as provided by United States Code, title 18, section 
2.2 	2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted by 
2.3 	that section.
2.4 	(b) The registered owner of a vehicle who is an individual may consent in writing to 
2.5 	the commissioner to disclose the individual's personal information exempted by United 
2.6 	States Code, title 18, section 2721, to any person who makes a written request for the 
2.7 	personal information. If the registered owner is an individual and so authorizes disclosure, 
2.8 	the commissioner shall implement the request.
2.9 	(c) If authorized by the registered owner as indicated in paragraph (b), the registered 
2.10 	owner's personal information may be used, rented, or sold solely for bulk distribution 
2.11 	by organizations for business purposes including surveys, marketing, or solicitation.
2.12 	The commissioner may disclose a registered owner's personal information only in 
2.13 	response to single inquiries for information. The commissioner must not disclose personal 
2.14 	information in the form of lists or other bulk distribution. This paragraph does not apply 
2.15 	to the release of information to a government agency as authorized under United States 
2.16 	Code, title 18, section 2721, paragraph (b), clause (1). Electronic or Internet access to 
2.17 	personal information is governed by section 299A.682. 

2.18 	Sec. 4. Minnesota Statutes 2005 Supplement, section 171.12, subdivision 7, is 
2.19 	amended to read:
2.20 		Subd. 7.Privacy of data. (a) Except as otherwise provided in this section and 
2.21 	section 299A.682, data on individuals provided to obtain a driver's license or Minnesota 
2.22 	identification card shall be treated as provided by United States Code, title 18, section 
2.23 	2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted by 
2.24 	that section.
2.25 	(b) An applicant for a driver's license or a Minnesota identification card may 
2.26 	consent, in writing, to the commissioner to disclose the applicant's personal information 
2.27 	exempted by United States Code, title 18, section 2721, to any person who makes a request 
2.28 	for the personal information. If the applicant so authorizes disclosures, the commissioner 
2.29 	shall implement the request and the information may be used.
2.30 	(c) If authorized by an applicant for a driver's license or a Minnesota identification 
2.31 	card, as indicated in paragraph (b), the applicant's personal information may be used, 
2.32 	rented, or sold solely for bulk distribution by organizations for business purposes, 
2.33 	including surveys, marketing, or solicitation. The commissioner may disclose an 
2.34 	applicant's personal information only in response to single inquiries for information. The 
2.35 	commissioner must not disclose personal information in the form of lists or other bulk 
3.1 	distribution. This paragraph does not apply to the release of information to a government 
3.2 	agency as authorized under United States Code, title 18, section 2721, paragraph (b), 
3.3 	clause (1). Electronic or Internet access to personal information is governed by section 
3.4 	299A.682. 
3.5 	(d) An applicant for a driver's license, instruction permit, or Minnesota identification 
3.6 	card may request that the applicant's residence address be classified as "private data on 
3.7 	individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant 
3.8 	the classification on receipt of a signed statement by the individual that the classification 
3.9 	is required for the safety of the applicant or the applicant's family, if the statement also 
3.10 	provides a valid, existing address where the applicant consents to receive service of 
3.11 	process. The commissioner shall use the service for process mailing address in place of the 
3.12 	residence address in all documents and notices pertaining to the driver's license, instruction 
3.13 	permit, or Minnesota identification card. The residence address and any information 
3.14 	provided in the classification request, other than the mailing address, are private data on 
3.15 	individuals and may be provided to requesting law enforcement agencies, probation and 
3.16 	parole agencies, and public authorities, as defined in section 518.54, subdivision 9.

3.17 	Sec. 5. [299A.682] ELECTRONIC OR INTERNET ACCESS TO PERSONAL 
3.18 	INFORMATION IN MOTOR VEHICLE OR DRIVER'S LICENSE RECORDS; 
3.19 	FEES.
3.20 		Subdivision 1.General. The commissioner of public safety shall establish a system 
3.21 	for electronic or Internet access to personal information in motor vehicle registration 
3.22 	or driver's license or Minnesota identification card records, as permitted under section 
3.23 	168.346 or 171.12. Personal information may be disclosed by electronic means or through 
3.24 	the Internet only if the subject of the information has consented to this type of disclosure, 
3.25 	unless the disclosure is to a government agency or its authorized agent as authorized under 
3.26 	United States Code, title 18, section 2721, paragraph (b), clause (1).
3.27 		Subd. 2.System requirements. The system must include:
3.28 	(1) methods for verifying that a person requesting access to the system is doing so 
3.29 	for a permissible use under United States Code, title 18, section 2721;
3.30 	(2) permissible user agreements under which the person agrees to comply with the 
3.31 	requirements of state and federal law, including a prohibition on the use of the personal 
3.32 	information in a manner not specified in the agreement and on the resale or redisclosure 
3.33 	of the information;
3.34 	(3) documentation requirements under which users must maintain a record of the 
3.35 	consent of the subject of the data to the disclosure and of persons to whom an authorized 
4.1 	resale or release of the information is made for at least five years after the consent or 
4.2 	resale or release;
4.3 	(4) specification of the types of personal information that may be released based on 
4.4 	the permissible use for which access is obtained;
4.5 	(5) establishment of user passwords and other security mechanisms necessary for 
4.6 	ensuring the integrity of the system and the prevention of unlawful access to or use of 
4.7 	personal information;
4.8 	(6) system audit requirements, including provisions in user agreements that allow the 
4.9 	state to inspect user systems and records to determine compliance with the requirements 
4.10 	of applicable law and the agreement and provisions for tracking transactions involving 
4.11 	access to personal information on an individual for at least five years;
4.12 	(7) a requirement that the user file a bond with the commissioner in an amount to 
4.13 	be determined by the commissioner, or pay to the commissioner an equivalent sum of 
4.14 	cash to be held by the commissioner, as surety for compliance with the user agreement 
4.15 	and the requirements of this section; and 
4.16 	(8) mechanisms for payment of user fees.
4.17 		Subd. 3.Fees. (a) The commissioner shall charge the following fees for the use of 
4.18 	the system established under this section:
4.19 	(1) $....... application fee; and
4.20 	(2) $....... fee for each inquiry for personal information on an individual.
4.21 	(b) The commissioner shall charge a fee of $....... for each inquiry for personal 
4.22 	information on an individual that is made in person, by mail, or other means that does 
4.23 	not involve electronic or Internet access. 
4.24 		Subd. 4.Remedies. The remedies and penalties in section 8.31 apply to a user of 
4.25 	personal information who violates this section or the terms of a user agreement entered 
4.26 	into under this section. In addition, the court may impose a civil penalty in an amount 
4.27 	authorized under section 8.31 or $1,000 per individual violation, whichever is greater.

4.28 	Sec. 6. [299A.683] PUBLIC SAFETY AND FINANCIAL CRIMES ACCOUNT.
4.29 	A public safety and financial crimes account is created in the special revenue fund 
4.30 	consisting of the fees collected under section 299A.682, subdivision 3. Fifty percent of the 
4.31 	money in the account is annually appropriated to the commissioner of public safety for 
4.32 	purposes of operating the system for electronic or Internet access to personal information 
4.33 	under section 299A.682 and 50 percent of the money in the account is annually 
4.34 	appropriated to the commissioner of public safety for purposes of the operations of the 
4.35 	Minnesota Financial Crimes Task Force established under section 299A.681, subdivision 
5.1 	3. The commissioner shall make specialized financial crimes prosecutors' grants as 
5.2 	recommended by the Minnesota Financial Crimes Oversight Council in consultation with 
5.3 	representatives of county attorneys and the attorney general.