HF 2795

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/31/2014 03:40pm

A bill for an act
relating to data practices; modifying standards related to bulk transfer of certain
driver's license and motor vehicle registration data; providing for collection and
deposit of fees for certain requests for data in bulk form; amending Minnesota
Statutes 2012, sections 168.327, subdivision 1; 168.346, subdivision 1; 171.12,
subdivision 7.

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

Section 1.

Minnesota Statutes 2012, section 168.327, subdivision 1, is amended to read:

Subdivision 1.

Records and fees.

(a) Upon request by any person authorized in
this section, the commissioner shall furnish a certified copy of any driver's license record,
instruction permit record, Minnesota identification card record, vehicle registration record,
vehicle title record, or accident record.

(b) Other than accident records governed under section 169.09, subdivision 13, the
requester shall pay a fee of $10 for each certified record specified in paragraph (a) or a fee
of $9 for each record that is not certified.

(c) In addition to the record fee in paragraph (b), the fee for a copy of the history of
any vehicle title not in electronic format is $1 for each page of the historical record.

(d) Fees collected under paragraph (b) for driver's license, instruction permit, and
Minnesota identification card records must be paid into the state treasury with 50 cents of
each fee credited to the general fund. The remainder of the fees collected must be credited
to the driver services operating account in the special revenue fund under section 299A.705.

(e) Fees collected under paragraphs (b) and (c) for vehicle registration or title records
must be paid into the state treasury with 50 cents of each fee credited to the general fund.
The remainder of the fees collected must be credited to the vehicle services operating
account in the special revenue fund specified in section 299A.705.

(f) The commissioner shall permit a person to inquire into a new text begin single new text end record by the
person's own electronic means for a fee of $4.50 for each inquiry, except that no fee
may be charged when the requester is the subject of the data. new text begin Fees collected under this
paragraph must be deposited as follows:
new text end

(1) deleted text begin Of the $4.50 fee, deleted text end $2.70 deleted text begin must be deposited deleted text end in the general fund deleted text begin . deleted text end new text begin ;
new text end

(2) for driver's license, instruction permit, or Minnesota identification card records,
the remainder deleted text begin must be deposited deleted text end in the driver services operating account in the special
revenue fund under section 299A.705 deleted text begin . deleted text end new text begin ; and
new text end

(3) for vehicle title or registration records, the remainder deleted text begin must be deposited deleted text end in the
vehicle services operating account in the special revenue fund under section 299A.705.

(g) Fees and the deposit of the fees for accident records and reports are governed by
section 169.09, subdivision 13.

new text begin (h) The commissioner may impose fees for a requester to inquire, through the
requester's own electronic means, into data in bulk form, as provided under sections
168.346, subdivision 1, and 171.12, subdivision 7. The fee structure must match that in
use on January 1, 2014. The fees (1) are in lieu of the fee imposed under paragraph (f)
and the surcharge under subdivision 2; and (2) must not exceed any that would have been
imposed on January 1, 2014, for a comparable bulk data inquiry. Fees collected under this
paragraph must be deposited as follows:
new text end

new text begin (1) for driver's license, instruction permit, or Minnesota identification card records,
in the driver services operating account; and
new text end

new text begin (2) for vehicle title or registration records, in the vehicle services operating account.
new text end

Sec. 2.

Minnesota Statutes 2012, section 168.346, subdivision 1, is amended to read:

Subdivision 1.

Vehicle registration data; federal compliance.

(a) Data on an
individual provided to register a vehicle shall be treated as provided by United States
Code, title 18, section 2721, as in effect on May 23, 2005, and shall be disclosed as
required or permitted by that section. new text begin The commissioner shall disclose the data in bulk
form to an authorized recipient upon request for any of the permissible uses described in
United States Code, title 18, section 2721.
new text end

(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. 3.

Minnesota Statutes 2012, 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 shall be treated as provided by United States Code,
title 18, section 2721, as in effect on May 23, 2005, and shall be disclosed as required or
permitted by that section. new text begin The commissioner shall disclose the data in bulk form upon
request to an authorized recipient under United States Code, title 18, section 2721.
new text end

(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. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end