HF 4008

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; regulating driving records; requiring notification of
alcohol and drug testing results for certain commercial driver's license holders;
amending Minnesota Statutes 2006, section 171.12, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 171.

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

Section 1.

Minnesota Statutes 2006, section 171.12, is amended by adding a
subdivision to read:

new text begin Subd. 2b. new text end

new text begin Drug testing results on driving record. new text end

new text begin The department shall file all
alcohol and controlled substance testing results submitted under section 171.169 on the
person's driving record, which must be kept for the period specified in subdivision 3,
clause (2). Data under this subdivision is classified as private data under section 13.02,
subdivision 12, except that it may be released by the department to employers if (1) the
person has applied for a position with the employer that requires the person to hold a
commercial driver's license, and (2) the employer is performing a background check of the
person. An employer may not use or disseminate data obtained under this subdivision for
any purpose other than performing a background check.
new text end

Sec. 2.

new text begin [171.169] NOTIFICATION OF ALCOHOL AND CONTROLLED
SUBSTANCE TEST RESULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Notification requirements. new text end

new text begin An employer who is subject to the
requirements under section 221.0314 shall provide the results of any alcohol or controlled
substance test required under state law or Code of Federal Regulations, title 49, part 382,
for holders of a commercial driver's license, to (1) the person taking the test, and (2) the
Department of Public Safety, for inclusion in the person's driving record.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section does not apply to:
new text end

new text begin (1) employers and their drivers exempted under Code of Federal Regulations, title
49, section 382.103, paragraph (d); and
new text end

new text begin (2) providers of passenger transportation service under section 221.022.
new text end