HF 3908
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/02/2026 02:40 p.m.
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A bill for an act
relating to drivers' licenses; modifying ignition interlock program license revocation
requirements; classifying driver's license indicators as private data; making technical
corrections; amending Minnesota Statutes 2024, sections 169A.54, subdivision 6;
171.07, by adding a subdivision; 171.09, subdivision 3; 171.12, subdivision 7c;
Minnesota Statutes 2025 Supplement, sections 171.12, subdivision 7; 171.306,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 169A.54, subdivision 6, is amended to read:
Subd. 6.
Applicability of implied consent revocation.
(a) Any person whose license
has been revoked pursuant to section 169A.52 (license revocation for test failure or refusal)
or 171.177 (revocation; pursuant to a search warrant) as the result of the same incident, and
who does not have a qualified prior impaired driving incident, is subject to the mandatory
revocation provisions of deleted text begin subdivision 1, clause (1) or (2)deleted text end new text begin section 171.178, subdivision 5,
paragraph (a), clause (1), item (i) or (ii)new text end , in lieu of the mandatory revocation provisions of
section deleted text begin 169A.52 or 171.177deleted text end new text begin 171.178, subdivision 3 or 4new text end .
(b) Paragraph (a) does not apply to:
(1) a person whose license has been revoked under deleted text begin subdivision 2deleted text end new text begin section 171.178,
subdivision 5, paragraph (a), clause (1), item (iii),new text end (driving while impaired by person under
age 21); or
(2) a person whose driver's license has been revoked for, or who is charged with (i) an
alcohol concentration of twice the legal limit or more as measured at the time or within two
hours of the time of the offense; or (ii) a violation of section 169A.20 (driving while
impaired) with an aggravating factor described in section 169A.03, subdivision 3, clause
(3).
Sec. 2.
Minnesota Statutes 2024, section 171.07, is amended by adding a subdivision to
read:
new text begin Subd. 21. new text end
new text begin Data classification. new text end
new text begin
Data maintained by the department under subdivisions
5 to 7, 11 to 13, 15, and 17 to 20 are private data on individuals, as defined in section 13.02,
subdivision 12.
new text end
Sec. 3.
Minnesota Statutes 2024, section 171.09, subdivision 3, is amended to read:
Subd. 3.
No-alcohol restriction.
(a) As used in this subdivision, "impaired driving
incident" has the meaning given in section 169A.03, subdivision 22.
(b) Upon proper application by a person having a valid driver's license containing the
restriction that the person must not consume alcohol or controlled substances, who has not
been documented as having consumed alcohol or having possessed or used a controlled
substance within the past deleted text begin tendeleted text end new text begin 20new text end years, and whose driving record contains no impaired
driving incident within the past deleted text begin tendeleted text end new text begin 20new text end years, the commissioner must remove the
no-alcohol/controlled substance restriction on the person's driving record and issue to the
person a duplicate driver's license that does not show that restriction.
Sec. 4.
Minnesota Statutes 2025 Supplement, section 171.12, subdivision 7, is amended
to read:
Subd. 7.
Privacy of data.
(a) Data on individuals provided to obtain a driver's license
or Minnesota identification card deleted text begin shalldeleted text end new text begin mustnew text end be treated as provided by United States Code,
title 18, section 2721, as in effect on May 23, 2005, and deleted text begin shalldeleted text end new text begin maynew text end be disclosed as required
or permitted by that section. The commissioner deleted text begin shalldeleted text end new text begin maynew text end disclose the data in bulk form
upon request to an authorized recipient under United States Code, title 18, section 2721.
For any disclosure of data on individuals related to a noncompliant driver's license or
identification card, the commissioner must require a certification pursuant to subdivision
7b, paragraph (e).
(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 deleted text begin shalldeleted text end new text begin
mustnew text end 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 deleted text begin shalldeleted text end new text begin mustnew text end 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 deleted text begin shalldeleted text end new text begin mustnew text end 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. 5.
Minnesota Statutes 2024, section 171.12, subdivision 7c, is amended to read:
Subd. 7c.
Other data provisions.
(a) The commissioner must not share any data the
department maintains under section 171.07, deleted text begin subdivisiondeleted text end new text begin subdivisions 6a, 6b, ornew text end 13, with
any federal agency, federal department, or federal entity for a use that would otherwise be
permissible under United States Code, title 18, section 2721, or other law.
(b) Data collected by government entities under sections 624.712 to 624.719 are classified
under section 13.87, subdivision 2.
Sec. 6.
Minnesota Statutes 2025 Supplement, section 171.306, subdivision 1, is amended
to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the terms in this subdivision
have the meanings given.
(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.
(c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location through the operation of the device.
(d) "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:
(1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision
1, clause (10); deleted text begin 171.17, subdivision 1, paragraph (a), clause (10), for conviction of an offense
in another state that would be grounds for revocation in this state under section 169A.54,
subdivision 1; ordeleted text end 171.177; new text begin or for a violation of the law of another state in conformity with
any of these sections; new text end or
(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (2), or suspended
under section 171.187, for a violation of section 609.2112, subdivision 1, paragraph (a),
clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5), or (6)new text end ; 609.2113, subdivision 1, clause (2), deleted text begin item
(i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5), or (6)new text end ; subdivision 2, clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5),
or (6)new text end ; or subdivision 3, clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5), or (6)new text end ; or 609.2114,
subdivision 1, paragraph (a), clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5), or (6)new text end ; or subdivision
2, clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4), deleted text begin resulting in bodily harm, substantial bodily harm,
great bodily harm, or deathdeleted text end new text begin (5), or (6)new text end .
(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22.