HF 1751

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

A bill for an act
relating to drivers' licenses; permitting a driver's license or identification card
applicant to designate an emergency contact person; establishing procedures for
access to emergency contact data; amending Minnesota Statutes 2008, sections
13.69, subdivision 1; 171.06, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 299A.

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

Section 1.

Minnesota Statutes 2008, section 13.69, subdivision 1, is amended to read:

Subdivision 1.

Classifications.

(a) The following government data of the
Department of Public Safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking
certificates and special license plates issued to physically disabled persons;

(2) other data on holders of a disability certificate under section 169.345, except that
data that are not medical data may be released to law enforcement agencies;

(3) Social Security numbers in driver's license and motor vehicle registration
records, except that Social Security numbers must be provided to the Department of
Revenue for purposes of tax administration, the Department of Labor and Industry for
purposes of workers' compensation administration and enforcement, and the Department
of Natural Resources for purposes of license application administration; and

(4) data on persons listed as new text begin a new text end standby or temporary deleted text begin custodians deleted text end new text begin custodian new text end under
section 171.07, subdivision 11, new text begin or an emergency contact under section 299A.706, new text end except
that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a
designated caregiver new text begin or emergency contact new text end ; or

(ii) law enforcement agencies who state that the license holder is unable to
communicate at that time and that the information is necessary for notifying the designated
caregiver of the need to care for a child of the license holder new text begin , or for notifying a designated
emergency contact of a condition that causes a license or identification card holder to be
unable to communicate independently with a law enforcement officer new text end .

The department may release the Social Security number only as provided in clause
(3) and must not sell or otherwise provide individual Social Security numbers or lists of
Social Security numbers for any other purpose.

(b) The following government data of the Department of Public Safety are
confidential data: data concerning an individual's driving ability when that data is received
from a member of the individual's family.

Sec. 2.

Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

(2) as may be required by the commissioner, contain a description of the applicant
and any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant does not have a Social Security number;

(4) contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b); deleted text begin and
deleted text end

(5) contain a notification to the applicant of the availability of a living will/health
care directive designation on the license under section 171.07, subdivision 7 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) contain a space where the applicant may optionally designate up to two adult
individuals to be contacted in an emergency, as provided in section 299A.706, along with
an appropriate telephone number for each designated individual.
new text end

(b) If the applicant does not indicate a desire to make an anatomical gift when
the application is made, the applicant must be offered a donor document in accordance
with section 171.07, subdivision 5. The application must contain statements sufficient to
comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
Act, chapter 525A, so that execution of the application or donor document will make
the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
desire to make an anatomical gift. The application must be accompanied by information
describing Minnesota laws regarding anatomical gifts and the need for and benefits of
anatomical gifts, and the legal implications of making an anatomical gift, including the
law governing revocation of anatomical gifts. The commissioner shall distribute a notice
that must accompany all applications for and renewals of a driver's license or Minnesota
identification card. The notice must be prepared in conjunction with a Minnesota organ
procurement organization that is certified by the federal Department of Health and Human
Services and must include:

(1) a statement that provides a fair and reasonable description of the organ donation
process, the care of the donor body after death, and the importance of informing family
members of the donation decision; and

(2) a telephone number in a certified Minnesota organ procurement organization that
may be called with respect to questions regarding anatomical gifts.

(c) The application must be accompanied also by information containing relevant
facts relating to:

(1) the effect of alcohol on driving ability;

(2) the effect of mixing alcohol with drugs;

(3) the laws of Minnesota relating to operation of a motor vehicle while under the
influence of alcohol or a controlled substance; and

(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
for alcohol-related violations.

Sec. 3.

new text begin [299A.706] EMERGENCY CONTACT DATABASE.
new text end

new text begin Subdivision 1. new text end

new text begin Designation of emergency contacts. new text end

new text begin (a) As provided in section
171.06, subdivision 3, an applicant for a driver's license or Minnesota identification card
may optionally designate up to two adult individuals to be contacted in the event of an
emergency or other situation that causes the license or identification card holder to be
unable to communicate independently with a law enforcement officer.
new text end

new text begin (b) An applicant for a driver's license or Minnesota identification card who is a
minor and is not emancipated must be permitted to designate an emergency contact,
provided that at least one of the designated contacts is a parent or guardian.
new text end

new text begin (c) A license or identification card holder may change or cancel an emergency
contact designation by making a request, in writing, to the department. No fee may be
charged for providing or modifying an emergency contact designation.
new text end

new text begin Subd. 2. new text end

new text begin Database; release of information. new text end

new text begin (a) The department shall maintain a
computerized records system of all individuals listed as an emergency contact by a driver's
license or identification card holder. The names of a license or card holder's emergency
contacts may only be released to an appropriate law enforcement agency, as provided in
section 13.69.
new text end

new text begin (b) The designation of an emergency contact does not prohibit law enforcement from
contacting other appropriate individuals as the circumstances require.
new text end

new text begin Subd. 3. new text end

new text begin Civil immunity. new text end

new text begin Notwithstanding sections 13.08, subdivision 1, and 13.69,
the department and department employees are conclusively presumed to be acting in good
faith when employees rely on statements made, in person or by telephone, by persons
purporting to be law enforcement personnel and subsequently release information as
provided in subdivision 2. The department, department employees, a licensed peace officer
as defined in section 626.84, and a law enforcement agency as defined in section 626.84 are
immune from all civil liability resulting from the release of emergency contact data made
consistent with the requirements of this section, and from a resulting contact or failure to
contact a designated emergency contact in an emergency or other appropriate situation.
new text end

new text begin Subd. 4. new text end

new text begin Rights of designated contacts. new text end

new text begin A designated emergency contact possesses
no additional rights, responsibilities, or duties related to the license or card holder as a
result of their designation as an emergency contact under this section.
new text end

Sec. 4. new text begin MODIFICATION OF APPLICATION FORM; MAINTENANCE OF
DATA.
new text end

new text begin The Department of Public Safety shall modify the application for a driver's license or
identification card as necessary to implement the requirements of this act. The Department
of Public Safety may use existing databases to store data required by this act, if feasible.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective January 1, 2010.
new text end