Minnesota Legislature
HF 1352
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/24/2005 |
Current Version - as introduced
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10.31 10.32 10.33 10.34 10.35 10.36 11.1 11.2 11.3 11.4 11.5 11.6
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A bill for an act
relating to public safety; modifying provisions
regulating motor vehicle and driver applications and
records; modifying vehicle accident reports and
procedures, including provision for vehicle accident
"long arm" statute; making technical and clarifying
changes; amending Minnesota Statutes 2004, sections
168.346; 168A.04, by adding a subdivision; 169.09,
subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14,
15, by adding subdivisions; 171.07, subdivisions 1, 3;
171.12, subdivision 7; repealing Minnesota Statutes
2004, sections 169.09, subdivision 10; 170.55.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 168.346, is
amended to read:
168.346 PRIVACY OF deleted text begin NAME OR RESIDENCE ADDRESS deleted text end new text begin PERSONAL
INFORMATIONnew text end .
deleted text begin
(a) The registered owner of a motor vehicle may request in
writing that the owner's residence address or name and residence
address be classified as private data on individuals, as defined
in section 13.02, subdivision 12. The commissioner shall grant
the classification upon receipt of a signed statement by the
owner that the classification is required for the safety of the
owner or the owner's family, if the statement also provides a
valid, existing address where the owner consents to receive
service of process. The commissioner shall use the mailing
address in place of the residence address in all documents and
notices pertaining to the motor vehicle. The residence address
or name and 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 518.54, subdivision
9.deleted text end new text begin Subdivision 1.new text end [VEHICLE REGISTRATION DATA; FEDERAL
COMPLIANCE.] new text begin (a) Data on an individual provided to register a
vehicle is public data on individuals. The commissioner shall
disclose this data if permitted by United States Code, title 18,
section 2721, subsection (b).
new text end
(b) deleted text begin An individual deleted text end new text begin The new text end registered owner of a deleted text begin motor deleted text end vehicle
deleted text begin
must be informed in a clear and conspicuous manner on the forms
for issuance or renewal of titles and registrations, that the
owner's personal information deleted text end new text begin who is an individual new text end may deleted text begin be
disclosed deleted text end new text begin consent in writing to the commissioner to disclose the
individual's personal information exempted by United States
Code, title 18, section 2721, subsection (b),new text end to any person who
makes a new text begin written new text end request for the personal informationdeleted text begin , and that,
except for uses permitted by United States Code, title 18,
section 2721, subsection (b),deleted text end new text begin . If new text end the registered owner deleted text begin may
prohibit disclosure of the personal information by so indicating
on the form deleted text end new text begin is an individual and so authorizes disclosure, the
commissioner shall implement the requestnew text end . deleted text begin For purposes of this
paragraph, access by requesters making requests described in
section 168.345, subdivision 4, is deemed to be related to
public safety.
deleted text end
(c) deleted text begin At the time of registration or renewal,deleted text end new text begin If authorized
by new text end the deleted text begin individual deleted text end registered owner deleted text begin of a motor vehicle must also
be informed in a clear and conspicuous manner on forms that deleted text end new text begin as
indicated in paragraph (b),new text end the new text begin registered new text end owner's personal
information may be used, rented, or sold solely for bulk
distribution by organizations for business purposes including
surveys, marketing, deleted text begin and deleted text end new text begin or new text end solicitation. deleted text begin The commissioner shall
implement methods and procedures that enable the registered
owner to request that bulk surveys, marketing, or solicitation
not be directed to the owner. If the registered owner so
requests, the commissioner shall implement the request in a
timely manner and the personal information may not be so used.
deleted text end
deleted text begin
(d) deleted text end new text begin Subd. 2.new text end [PERSONAL INFORMATION DISCLOSURE FOR PUBLIC
SAFETY.] The commissioner shall disclose personal information
when the use is related to the operation new text begin or use new text end of a deleted text begin motor
deleted text end
vehicle or new text begin to new text end public safety. The use of personal information is
related to public safety if it concerns the physical safety or
security of drivers, vehicles, pedestrians, or property. The
commissioner may refuse to disclose data under this deleted text begin paragraph
deleted text end new text begin
subdivision new text end when the commissioner concludes that the requester
is likely to use the data for illegal, improper, or
noninvestigative purposes.
deleted text begin
(e) To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to register a
motor vehicle is public data on individuals and shall be
disclosed as permitted by United States Code, title 18, section
2721, subsection (b).deleted text end new text begin Subd. 3.new text end [PRIVACY CLASSIFICATION FOR
PERSONAL SAFETY.] new text begin The registered owner of a vehicle who is an
individual may request, in writing, that the registered owner's
residence address or name and 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 registered owner that
the classification is required for the safety of the registered
owner or the registered owner's family, if the statement also
provides a valid, existing address where the registered owner
consents to receive service of process. The commissioner shall
use the service of process mailing address in place of the
registered owner's residence address in all documents and
notices pertaining to the vehicle. The residence address or
name and residence address and any information provided in the
classification request, other than the individual's service for
process mailing address, are private data on individuals but may
be provided to requesting law enforcement agencies, probation
and parole agencies, and public authorities, as defined in
section 518.54, subdivision 9.
new text end
Sec. 2.
Minnesota Statutes 2004, section 168A.04, is
amended by adding a subdivision to read:
new text begin Subd. 2a. new text end
new text begin Alternate mailing address. new text end
new text begin
If the United
States Postal Service will not deliver mail to the residence
address of a registered owner who is an individual as listed on
the title application, then the registered owner must provide
verification from the United States Postal Service that mail
will not be delivered to the registered owner's residence
address and that mail will be delivered to a specified alternate
mailing address. When an applicant provides an alternate
mailing address under this subdivision, the commissioner shall
use the alternate mailing address in lieu of the residence
address for all notices and mailings to the registered owner.
new text end
Sec. 3.
Minnesota Statutes 2004, section 169.09,
subdivision 1, is amended to read:
Subdivision 1.
Driver to stop for accident with
deleted text begin
person deleted text end new text begin individualnew text end .
The driver of any new text begin motor new text end vehicle involved in
an accident resulting in immediately demonstrable bodily injury
to or death of any deleted text begin person deleted text end new text begin individual new text end shall immediately stop the
vehicle at the scene of the accident, or as close to the scene
as possibledeleted text begin ,deleted text end but shall then return to and in every eventdeleted text begin ,deleted text end shall
remain atdeleted text begin ,deleted text end the scene of the accidentnew text begin ,new text end until the driver has
fulfilled the requirements of this deleted text begin chapter deleted text end new text begin section new text end as to the
giving of information. The stop deleted text begin shall deleted text end new text begin must new text end be made without
unnecessarily obstructing traffic.
Sec. 4.
Minnesota Statutes 2004, section 169.09,
subdivision 2, is amended to read:
Subd. 2.
Driver to stop for accident to property.
The
driver of any new text begin motor new text end vehicle involved in an accident to a vehicle
deleted text begin
which is deleted text end driven or attended by any deleted text begin person deleted text end new text begin individual new text end shall
immediately stop deleted text begin such deleted text end new text begin the motor new text end vehicle at the scene of deleted text begin such deleted text end new text begin the
new text end
accident, or as close deleted text begin thereto deleted text end new text begin to the accident new text end as possibledeleted text begin ,deleted text end but
shall forthwith return todeleted text begin ,deleted text end and in every event shall remain atdeleted text begin ,
deleted text end
the scene of the accidentnew text begin ,new text end until the driver has fulfilled the
requirements of this deleted text begin chapter deleted text end new text begin section new text end as to the giving of
information. deleted text begin Every such deleted text end new text begin The new text end stop deleted text begin shall deleted text end new text begin must new text end be made without
new text begin
unnecessarily new text end obstructing traffic deleted text begin more than is necessarydeleted text end .
Sec. 5.
Minnesota Statutes 2004, section 169.09,
subdivision 3, is amended to read:
Subd. 3.
Driver to give information.
(a) The driver of
any new text begin motor new text end vehicle involved in an accident resulting in bodily
injury to or death of any deleted text begin person deleted text end new text begin individualnew text end , or damage to any
vehicle deleted text begin which is deleted text end driven or attended by any deleted text begin person deleted text end new text begin individualnew text end ,
shall stop and give the driver's name, address, new text begin and new text end date of
birth and the registration new text begin plate new text end number of the vehicle being
drivendeleted text begin , and deleted text end new text begin . The driver new text end shall, upon request and if available,
exhibit the driver's license or permit to drive to the deleted text begin person
deleted text end new text begin
individual new text end struck or the driver or occupant of or deleted text begin person
deleted text end new text begin
individual new text end attending any vehicle collided with. The driver also
shall give the information and upon request exhibit the license
or permit to any deleted text begin police deleted text end new text begin peace new text end officer at the scene of the
accident or who is investigating the accident. The driver shall
render reasonable assistance to any deleted text begin person deleted text end new text begin individual new text end injured in
the accident.
(b) If not given at the scene of the accident, the driver,
within 72 hours deleted text begin thereafter deleted text end new text begin after the accidentnew text end , shall give deleted text begin upon deleted text end new text begin ,
on new text end request to any deleted text begin person deleted text end new text begin individual new text end involved in the accident or
to a peace officer investigating the accidentnew text begin ,new text end the name and
address of the insurer providing deleted text begin automobile deleted text end new text begin vehicle new text end liability
insurance coverage, and the local insurance agent for the
insurer.
Sec. 6.
Minnesota Statutes 2004, section 169.09,
subdivision 4, is amended to read:
Subd. 4.
Collision with unattended vehicle.
The driver
of any new text begin motor new text end vehicle deleted text begin which deleted text end new text begin that new text end collides with and damages any
vehicle deleted text begin which deleted text end new text begin that new text end is unattended shall immediately stop and
either locate and notify the driver or owner of the vehicle of
the name and address of the driver and new text begin registered new text end owner of the
vehicle striking the unattended vehicle, shall report deleted text begin the deleted text end new text begin this
new text end
same new text begin information new text end to a deleted text begin police deleted text end new text begin peace new text end officer, or shall leave in a
conspicuous place in or secured to the vehicle strucknew text begin ,new text end a written
notice giving the name and address of the driver and of
the new text begin registered new text end owner of the vehicle doing the striking.
Sec. 7.
Minnesota Statutes 2004, section 169.09,
subdivision 5, is amended to read:
Subd. 5.
Notify owner of damaged property.
The driver of
any vehicle involved in an accident resulting only in damage to
fixtures legally upon or adjacent to a highway shall take
reasonable steps to locate and notify the owner or person in
charge of deleted text begin such deleted text end new text begin the new text end property of deleted text begin such deleted text end new text begin that new text end fact deleted text begin and deleted text end new text begin ,new text end of the
driver's name and addressnew text begin ,new text end and of the registration new text begin plate new text end number
of the vehicle being driven and shall, upon request and if
available, exhibit the driver's deleted text begin or chauffeur's deleted text end license, and make
report of deleted text begin such deleted text end new text begin the new text end accident in every case. The report deleted text begin shall
deleted text end new text begin
must new text end be made in the same manner as a report made pursuant to
subdivision 7.
Sec. 8.
Minnesota Statutes 2004, section 169.09,
subdivision 6, is amended to read:
Subd. 6.
deleted text begin notify police deleted text end new text begin notice new text end of personal injury.
The
driver of a vehicle involved in an accident resulting in bodily
injury to or death of any deleted text begin person deleted text end new text begin individual new text end shall, after
compliance with deleted text begin the provisions of deleted text end this sectiondeleted text begin ,deleted text end new text begin and new text end by the
quickest means of communication, give notice of the accident to
the local police departmentdeleted text begin ,deleted text end if the accident occurs within a
municipality, deleted text begin or deleted text end to a State Patrol officer if the accident
occurs on a trunk highway, or to the office of the sheriff of
the county.
Sec. 9.
Minnesota Statutes 2004, section 169.09,
subdivision 7, is amended to read:
Subd. 7.
Accident report to commissioner.
new text begin (a) new text end The driver
of a vehicle involved in an accident resulting in bodily injury
to or death of any deleted text begin person deleted text end new text begin individual new text end or total property damage to
an apparent extent of $1,000 or more, shall forward a written
report of the accident to the commissioner of public safety
within ten days deleted text begin thereof deleted text end new text begin of the accidentnew text end . On the required
report, the driver shall provide the commissioner with the name
and policy number of the insurer providing vehicle
liability new text begin insurance new text end coverage at the time of the accident.
new text begin
(b) new text end On determining that the original report of any driver
of a vehicle involved in an accident of which report must be
made as provided in this section is insufficient, the
commissioner of public safety may require the driver to file
supplementary deleted text begin reports deleted text end new text begin informationnew text end .
Sec. 10.
Minnesota Statutes 2004, section 169.09,
subdivision 8, is amended to read:
Subd. 8.
Officer to report accident to commissioner.
A deleted text begin law enforcement deleted text end new text begin peace new text end officer who, in the regular course of
duty, investigates deleted text begin a motor vehicle deleted text end new text begin an new text end accident that must be
reported under this section shall, within ten days after the
date of the accident, forward an electronic or written report of
the accident deleted text begin to deleted text end new text begin as prescribed by new text end the commissioner of public
safety.
Sec. 11.
Minnesota Statutes 2004, section 169.09,
subdivision 9, is amended to read:
Subd. 9.
Accident report deleted text begin forms deleted text end new text begin formatnew text end .
The deleted text begin Department
deleted text end new text begin
commissioner new text end of public safety shall deleted text begin prepare electronic or
written forms deleted text end new text begin prescribe the format new text end for new text begin the new text end accident reports
required under this section. Upon request the
deleted text begin
department deleted text end new text begin commissioner new text end shall deleted text begin supply deleted text end new text begin make available new text end the deleted text begin forms
deleted text end new text begin
format new text end to police departments, coroners, sheriffs, garages, and
other suitable agencies or individuals. deleted text begin The forms must be
appropriate with respect to the persons required to make the
reports and the purposes to be served.deleted text end The electronic or
written report deleted text begin forms deleted text end to be completed by deleted text begin persons deleted text end new text begin individuals
new text end
involved in accidents and by investigating new text begin peace new text end officers
must deleted text begin call for sufficiently detailed information to deleted text end disclose deleted text begin with
reference to a traffic accident deleted text end the causes, new text begin existing new text end conditions
deleted text begin
then existingdeleted text end , and the deleted text begin persons deleted text end new text begin individuals new text end and vehicles involved.
Sec. 12.
Minnesota Statutes 2004, section 169.09,
subdivision 11, is amended to read:
Subd. 11.
Coroner to report death.
Every coroner or
other official performing like functions shall report in writing
to the deleted text begin Department deleted text end new text begin commissioner new text end of public safety the death of any
deleted text begin
person deleted text end new text begin individual new text end within the coroner's jurisdiction as the
result of an accident involving a deleted text begin motor deleted text end vehicle and the
circumstances of the accident. The report deleted text begin shall deleted text end new text begin must new text end be made
within 15 days after the death.
In the case of drivers killed in deleted text begin motor deleted text end vehicle accidents
and of the death of pedestrians 16 years of age or older, who
die within four hours after new text begin an new text end accident, the coroner or other
official performing like functions shall examine the body and
shall make tests as are necessary to determine the presence and
percentage concentration of alcohol, and drugs if feasible, in
the blood of the victim. This information deleted text begin shall deleted text end new text begin must new text end be
included in each report submitted pursuant to the provisions of
this subdivision and shall be tabulated on a monthly basis by
the deleted text begin Department deleted text end new text begin commissioner new text end of public safety. This information
may be used only for statistical purposes deleted text begin which deleted text end new text begin that new text end do not
reveal the identity of the deceased.
Sec. 13.
Minnesota Statutes 2004, section 169.09,
subdivision 12, is amended to read:
Subd. 12.
Garage to report bullet damage.
The
deleted text begin
person deleted text end new text begin individual new text end in charge of any garage or repair shop to
which is brought any deleted text begin motor deleted text end vehicle deleted text begin which deleted text end new text begin that new text end shows evidence of
having been struck by any bullet shall immediately report to the
local police or sheriff and to the commissioner of public safety
within 24 hours after deleted text begin such motor deleted text end new text begin the new text end vehicle is received, giving
the engine number new text begin if anynew text end , registration new text begin plate new text end numbernew text begin ,new text end and the
name and address of the new text begin registered new text end owner or operator of deleted text begin such deleted text end new text begin the
new text end
vehicle.
Sec. 14.
Minnesota Statutes 2004, section 169.09,
subdivision 14, is amended to read:
Subd. 14.
Penalties.
(a) The driver of any vehicle who
violates subdivision 1 or 6 and who did not cause the accident
is punishable as follows:
(1) if the accident results in the death of any deleted text begin person
deleted text end new text begin
individualnew text end , the driver is guilty of a felony and may be
sentenced to imprisonment for not more than three years, or to
payment of a fine of not more than $5,000, or both;
(2) if the accident results in great bodily harm to any
deleted text begin
person deleted text end new text begin individualnew text end , as defined in section 609.02, subdivision 8,
the driver is guilty of a felony and may be sentenced to
imprisonment for not more than two years, or to payment of a
fine of not more than $4,000, or both; or
(3) if the accident results in substantial bodily harm to
any deleted text begin person deleted text end new text begin individualnew text end , as defined in section 609.02, subdivision
7a, the driver may be sentenced to imprisonment for not more
than one year, or to payment of a fine of not more than $3,000,
or both.
(b) The driver of any vehicle involved in an accident not
resulting in substantial bodily harm or death who violates
subdivision 1 or 6 may be sentenced to imprisonment for not more
than one year, or to payment of a fine of not more than $3,000,
or both.
(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8,
deleted text begin
10,deleted text end 11, or 12 is guilty of a misdemeanor.
(d) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section shall also be responsible for
prosecution of gross misdemeanor violations of this section.
Sec. 15.
Minnesota Statutes 2004, section 169.09,
subdivision 15, is amended to read:
Subd. 15.
Defense.
It is an affirmative defense to
prosecution under subdivisions 1, 2, and 6 that the driver left
the scene of the accident to take any deleted text begin person deleted text end new text begin individual
new text end
suffering immediately demonstrable bodily injury in the accident
to receive emergency medical care if the driver of the involved
vehicle gives notice to a law enforcement agency as required by
subdivision 6 as soon as reasonably feasible after the emergency
medical care has been undertaken.
Sec. 16.
Minnesota Statutes 2004, section 169.09, is
amended by adding a subdivision to read:
new text begin Subd. 16. new text end
new text begin
Commissioner as agent for service of
process.
new text end
new text begin
The use and operation by a resident of this state or
the resident's agent, or by a nonresident or the nonresident's
agent, of a motor vehicle within the state of Minnesota, is
deemed an irrevocable appointment by the resident if absent from
this state continuously for six months or more following an
accident, or by the nonresident at any time, of the commissioner
of public safety to be the resident's or nonresident's true and
lawful attorney upon whom may be served all legal process in any
action or proceeding against the resident or nonresident or the
executor, administrator, or personal representative of the
resident or nonresident growing out of the use and operation of
a motor vehicle within this state, resulting in damages or loss
to person or property, whether the damage or loss occurs on a
highway or on abutting public or private property. This
appointment is binding upon the nonresident's executor,
administrator, or personal representative. The use or operation
of a motor vehicle by the resident or nonresident is a
signification of agreement that any process in any action
against the resident or nonresident or executor, administrator,
or personal representative of the resident or nonresident that
is so served has the same legal force and validity as if served
upon the resident or nonresident personally or on the executor,
administrator, or personal representative of the resident or
nonresident. Service of process must be made by serving a copy
thereof upon the commissioner or by filing a copy in the
commissioner's office, together with payment of a fee of $20,
and is deemed sufficient service upon the absent resident or the
nonresident or the executor, administrator, or personal
representative of the resident or nonresident; provided that,
notice of service and a copy of the process are within ten days
thereafter sent by mail by the plaintiff to the defendant at the
defendant's last known address and that the plaintiff's
affidavit of compliance with the provisions of this chapter is
attached to the summons.
new text end
Sec. 17.
Minnesota Statutes 2004, section 169.09, is
amended by adding a subdivision to read:
new text begin Subd. 17. new text end
new text begin Continuance of court proceeding; costs. new text end
new text begin
The
court in which the action is pending may order a continuance as
may be necessary to afford the defendant reasonable opportunity
to defend the action, not exceeding 90 days from the date of
filing of the action in that court. The fee of $20 paid by the
plaintiff to the commissioner at the time of service of the
proceedings must be taxed in the plaintiff's cost if the
plaintiff prevails in the suit. The commissioner shall keep a
record of all processes so served, which must show the day and
hour of service.
new text end
Sec. 18.
Minnesota Statutes 2004, section 171.07,
subdivision 1, is amended to read:
Subdivision 1.
License; contents.
(a) Upon the payment
of the required fee, the department shall issue to every
qualifying applicant a license designating the type or class of
vehicles the applicant is authorized to drive as applied for.
This license must bear a distinguishing number assigned to the
licenseedeleted text begin ,deleted text end new text begin ;new text end the new text begin licensee's new text end full name, date of birth, new text begin and
new text end
residence address deleted text begin and permanent mailing address if different,deleted text end new text begin ;new text end a
description of the licensee in a manner as the commissioner
deems necessarydeleted text begin ,deleted text end new text begin ;new text end and the usual signature of the licensee. No
license is valid unless it bears the usual signature of the
licensee. Every license must bear a colored photograph or an
electronically produced image of the licensee.
(b) new text begin If the United States Postal Service will not deliver
mail to the applicant's residence address as listed on the
license, then the applicant shall provide verification from the
United States Postal Service that mail will not be delivered to
the applicant's residence address and that mail will be
delivered to a specified alternate mailing address. When an
applicant provides an alternate mailing address under this
subdivision, the commissioner shall use the alternate mailing
address in lieu of the applicant's residence address for all
notices and mailings to the applicant.
new text end
new text begin
(c) new text end Every license issued to an applicant under the age of
21 must be of a distinguishing color and plainly marked
"Under-21."
deleted text begin
(c) deleted text end new text begin (d) new text end The department shall use processes in issuing a
license that prohibit, as nearly as possible, the ability to
alter or reproduce a license, or prohibit the ability to
superimpose a photograph or electronically produced image on a
license, without ready detection.
deleted text begin
(d) deleted text end new text begin (e) new text end A license issued to an applicant age 65 or over
must be plainly marked "senior" if requested by the applicant.
Sec. 19.
Minnesota Statutes 2004, section 171.07,
subdivision 3, is amended to read:
Subd. 3.
Identification card; fee.
(a) Upon payment of
the required fee, the department shall issue to every qualifying
applicant a Minnesota identification card. The department may
not issue a Minnesota identification card to deleted text begin a person deleted text end new text begin an
individual new text end who has a driver's license, other than a limited
license. The card must bear a distinguishing number assigned to
the applicant; a colored photograph or an electronically
produced image of the applicant; the applicant's full name, date
of birth, and residence address; a description of the applicant
in the manner as the commissioner deems necessary; and the usual
signature of the applicant.
(b) new text begin If the United States Postal Service will not deliver
mail to the applicant's residence address as listed on the
Minnesota identification card, then the applicant shall provide
verification from the United States Postal Service that mail
will not be delivered to the applicant's residence address and
that mail will be delivered to a specified alternate mailing
address. When an applicant provides an alternate mailing
address under this subdivision, the commissioner shall use the
alternate mailing address in lieu of the applicant's residence
address for all notices and mailings to the applicant.
new text end
new text begin
(c) new text end Each identification card issued to an applicant under
the age of 21 must be of a distinguishing color and plainly
marked "Under-21."
deleted text begin
(c) deleted text end new text begin (d) new text end Each Minnesota identification card must be plainly
marked "Minnesota identification card - not a driver's license."
deleted text begin
(d) deleted text end new text begin (e) new text end The fee for a Minnesota identification card is 50
cents when issued to a person who is mentally retarded, as
defined in section 252A.02, subdivision 2; a physically disabled
person, as defined in section 169.345, subdivision 2; or, a
person with mental illness, as described in section 245.462,
subdivision 20, paragraph (c).
Sec. 20.
Minnesota Statutes 2004, section 171.12,
subdivision 7, is amended to read:
Subd. 7.
Privacy of deleted text begin residence address deleted text end new text begin datanew text end .
(a) deleted text begin An
applicant for deleted text end new text begin Data on individuals provided to obtain new text end a driver's
license or a Minnesota identification card deleted text begin may request that the
applicant's residence address be classified as private deleted text end new text begin is public
new text end
data on individualsdeleted text begin , as defined in section 13.02, subdivision
12deleted text end . deleted text begin The commissioner shall grant the classification upon
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 mailing address in
place of the residence address in all documents and notices
pertaining to the driver's license or 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 518.54, subdivision 9
deleted text end new text begin
The commissioner shall disclose this data if permitted by United
States Code, title 18, section 2721, subsection (b)new text end .
(b) An applicant for a driver's license or a Minnesota
identification card deleted text begin must be informed in a clear and conspicuous
manner on the forms for the issuance or renewal that deleted text end new text begin may
consent, in writing, to the commissioner to disclose new text end the
applicant's personal information deleted text begin may be disclosed deleted text end new text begin exempted by
United States Code, title 18, section 2721, subsection (b),new text end to
any person who makes a request for the personal informationdeleted text begin , and
that except for uses permitted by United States Code, title 18,
section 2721, subsection (b), the applicant may prohibit
disclosure of the personal information by so indicating on the
formdeleted text end . new text begin If the applicant so authorizes disclosures, the
commissioner shall implement the request and the information may
be used.
new text end
(c) new text begin If authorized by new text end an applicant for a driver's license or
a Minnesota identification card deleted text begin must be also informed in a clear
and conspicuous manner on forms that deleted text end new text begin , as indicated in paragraph
(b),new text end 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. deleted text begin The commissioner shall implement methods and
procedures that enable the applicant to request that bulk
surveys, marketing, or solicitation not be directed to the
applicant. If the applicant so requests, the commissioner shall
implement the request in a timely manner and the personal
information may not be so used.
deleted text end
(d) deleted text begin To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to obtain a
Minnesota identification card or a driver's license is public
data on individuals and shall be disclosed as permitted by
United States Code, title 18, section 2721, subsection (b).deleted text end new text begin 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
518.54, subdivision 9.
new text end
Sec. 21. new text begin INSTRUCTION TO REVISOR.
new text end
new text begin
The revisor of statutes shall renumber each section of
Minnesota Statutes in column A with the number in column B. The
revisor shall also make any necessary cross-reference changes.
new text end
new text begin
Column A
new text end
new text begin
Column B
new text end
new text begin
170.24
new text end
new text begin
169.09, subdivision 14a
new text end
new text begin
170.54
new text end
new text begin
169.09, subdivision 5a
new text end
Sec. 22. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 169.09, subdivision 10;
and 170.55, are repealed.
new text end