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SF 3581

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/18/2022 10:24am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to driver and vehicle services; allowing additional entities to provide copies
of certain driver and vehicle records; amending Minnesota Statutes 2020, sections
168.002, by adding a subdivision; 168.327, subdivisions 2, 3, by adding a
subdivision; 169.09, by adding a subdivision; Minnesota Statutes 2021 Supplement,
sections 168.327, subdivision 1; 169.09, subdivision 13.

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

Section 1.

Minnesota Statutes 2020, section 168.002, is amended by adding a subdivision
to read:


new text begin Subd. 12a. new text end

new text begin Full-service provider. new text end

new text begin "Full-service provider" means a person who is
appointed by the commissioner as both a deputy registrar under this chapter and a driver's
license agent under chapter 171 who provides all driver services, excluding International
Registration Plan and International Fuel Tax Agreement transactions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, 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 deleted text beginshalldeleted text endnew text begin or full-service provider mustnew text end 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) Except as provided in subdivisions 4, 5a, and 5b, and other than accident records
governed under section 169.09, subdivision 13, the requester deleted text beginshalldeleted text endnew text begin mustnew text end 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) Except as provided in subdivisions 4, 5a, and 5b, 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 new text beginby the commissioner new text endunder 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 new text beginby the
commissioner
new text endmust be credited to the driver services operating account in the special revenue
fund under section 299A.705.new text begin Of the fees collected by a full-service provider under paragraph
(b) for driver's license, instruction permit, and Minnesota identification card records, the
provider must transmit 50 cents to the commissioner to be deposited into the general fund,
and the provider must retain the remainder.
new text end

(e) Fees collected new text beginby the commissioner new text endunder 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 new text beginby the commissioner new text endmust
be credited to the vehicle services operating account in the special revenue fund specified
in section 299A.705.new text begin Of the fees collected by a full-service provider under paragraphs (b)
and (c) for vehicle registration or title records, the provider must transmit 50 cents to the
commissioner to be deposited into the general fund, and the provider must retain the
remainder.
new text end

(f) Except as provided in subdivisions 4, 5a, and 5b, the commissioner deleted text beginshalldeleted text endnew text begin or full-service
provider must
new text end permit a person to inquire into a 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. Of the feenew text begin collected by the commissionernew text end:

(1) $2.70 must be deposited in the general fund;

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

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

new text begin Of the fees collected by a full-service provider, the provider must transmit $2.70 to the
commissioner to be deposited into the general fund, and the provider must retain the
remainder.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to requests
for records made on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 168.327, subdivision 2, is amended to read:


Subd. 2.

Requests for information; surcharge on fee.

(a) Except as otherwise provided
in subdivision 3, the commissioner deleted text beginshalldeleted text endnew text begin or full-service provider mustnew text end impose a surcharge
of 50 cents on each fee charged by the commissionernew text begin or full-service providernew text end under section
13.03, subdivision 3, for copies or electronic transmittals of public information about the
registration of a vehicle or an applicant, or holder of a driver's license, instruction permit,
or Minnesota identification card.

(b) The surcharge only applies to a fee imposed in response to a request made in person
or by mail, or deleted text beginto a request for transmittal through a computer modemdeleted text end new text beginonlinenew text end. The surcharge
does not apply to the request of an individual for information about that individual's driver's
license, instruction permit, or Minnesota identification card or about vehicles registered or
titled in the individual's name.

(c) The surcharges collectednew text begin by the commissionernew text end under this subdivision must be credited
to the general fund.new text begin The surcharges collected by a full-service provider must be transmitted
to the commissioner to be deposited into the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to requests
for records made on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 168.327, subdivision 3, is amended to read:


Subd. 3.

Exception to fee and surcharge.

(a) Notwithstanding subdivision 2 or section
13.03, a fee or surcharge may not be imposed in response to a request for public information
about the registration of a vehicle if the commissionernew text begin or full-service providernew text end is satisfied
that:

(1) the requester seeks the information on behalf of a community-based, nonprofit
organization designated by a local law enforcement agency to be a requester; and

(2) the information is needed to identify suspected prostitution law violators, controlled
substance law violators, or health code violators.

(b) The commissioner deleted text beginshalldeleted text endnew text begin or full-service provider mustnew text end not require a requester under
paragraph (a) to make a minimum number of data requests or limit the requester to a
maximum number of data requests.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to requests
for records made on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 168.327, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Monitoring and auditing. new text end

new text begin The commissioner must monitor and audit the
furnishing of records by full-service providers under this section to ensure full-service
providers are complying with this section, chapter 13, and United States Code, title 18,
section 2721, et seq.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2021 Supplement, section 169.09, subdivision 13, is amended
to read:


Subd. 13.

Reports confidential; evidence, fee, penalty, appropriation.

(a) All reports
and supplemental information required under this section must be for the use of the
commissioner of public safety and other appropriate state, federal, county, and municipal
governmental agencies for accident analysis purposes, except:

(1) upon written request, the commissioner of public safetynew text begin, a full-service provider as
defined in section 168.002, subdivision 12a,
new text end or any law enforcement agency deleted text beginshalldeleted text endnew text begin mustnew text end
disclose the report required under subdivision 8 to:

(i) any individual involved in the accident, the representative of the individual's estate,
or the surviving spouse, or one or more surviving next of kin, or a trustee appointed under
section 573.02;

(ii) any other person injured in person, property, or means of support, or who incurs
other pecuniary loss by virtue of the accident;

(iii) legal counsel of a person described in item (i) or (ii);

(iv) a representative of the insurer of any person described in item (i) or (ii); or

(v) a city or county attorney or an attorney representing the state in an implied consent
action who is charged with the prosecution of a traffic or criminal offense that is the result
of a traffic crash investigation conducted by law enforcement;

deleted text begin (2) the commissioner of public safety shall, upon written request, provide the driver
filing a report under subdivision 7 with a copy of the report filed by the driver;
deleted text end

deleted text begin (3)deleted text endnew text begin (2)new text end the commissioner of public safety may verify with insurance companies vehicle
insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and 169.797;

deleted text begin (4)deleted text endnew text begin (3)new text end the commissioner of public safety deleted text beginshalldeleted text endnew text begin mustnew text end provide the commissioner of
transportation the information obtained for each traffic accident involving a commercial
motor vehicle, for purposes of administering commercial vehicle safety regulations;

deleted text begin (5)deleted text endnew text begin (4)new text end upon specific request, the commissioner of public safety deleted text beginshalldeleted text endnew text begin mustnew text end provide the
commissioner of transportation the information obtained regarding each traffic accident
involving damage to identified state-owned infrastructure, for purposes of debt collection
under section 161.20, subdivision 4; and

deleted text begin (6)deleted text endnew text begin (5)new text end the commissioner of public safety may give to the United States Department of
Transportation commercial vehicle accident information in connection with federal grant
programs relating to safety.

(b) Accident reports and data contained in the reports are not discoverable under any
provision of law or rule of court. deleted text beginNo report shalldeleted text endnew text begin A report must notnew text end be used as evidence in
any trial, civil or criminal, or any action for damages or criminal proceedings arising out
of an accident. However, the commissioner of public safety deleted text beginshalldeleted text endnew text begin mustnew text end furnish, upon the
demand of any person who has or claims to have made a report or upon demand of any
court, a certificate showing that a specified accident report has or has not been made to the
commissioner solely to prove compliance or failure to comply with the requirements that
the report be made to the commissioner.

(c) Nothing in this subdivision prevents any individual who has made a report under
this section from providing information to any individuals involved in an accident or their
representatives or from testifying in any trial, civil or criminal, arising out of an accident,
as to facts within the individual's knowledge. It is intended by this subdivision to render
privileged the reports required, but it is not intended to prohibit proof of the facts to which
the reports relate.

(d) Disclosing any information contained in any accident report, except as provided in
this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor.

(e) The commissioner of public safety deleted text beginshalldeleted text endnew text begin or full-service provider as defined in section
171.01, subdivision 33a, must
new text end charge authorized persons as described in paragraph (a) a $5
fee for a copy of an accident report. Ninety percent of the $5 fee collectednew text begin by the
commissioner
new text end under this paragraph must be deposited in the special revenue fund and
credited to the driver services operating account established in section 299A.705 and ten
percent must be deposited in the general fund. new text beginOf the $5 fee collected by a full-service
provider, the provider must transmit 50 cents to the commissioner to be deposited into the
general fund, and the provider must retain the remainder.
new text endThe commissionernew text begin or full-service
provider
new text end may also furnish an electronic copy of the database of accident records, which
must not contain personal or private data on an individual, to private agencies as provided
in paragraph (g), for not less than the cost of preparing the copies on a bulk basis as provided
in section 13.03, subdivision 3.

(f) The fees specified in paragraph (e) notwithstanding, the commissionernew text begin, a full-service
provider,
new text end and law enforcement agencies deleted text beginshalldeleted text endnew text begin mustnew text end charge commercial users who request
access to response or incident data relating to accidents a fee not to exceed 50 cents per
record. "Commercial user" is a user who in one location requests access to data in more
than five accident reports per month, unless the user establishes that access is not for a
commercial purpose. Of the money collected by the commissioner under this paragraph,
90 percent must be deposited in the special revenue fund and credited to the driver services
operating account established in section 299A.705 and ten percent must be deposited in the
general fund.new text begin Of the fees collected by a full-service provider under this paragraph, ten
percent must be transmitted to the commissioner to be deposited into the general fund, and
the remainder must be retained by the provider.
new text end

(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner deleted text beginshalldeleted text endnew text begin or
full-service provider must
new text end provide an electronic copy of the accident records database to
the public on a case-by-case basis using the cost-recovery charges provided for under section
13.03, subdivision 3. The database provided must not contain personal or private data on
an individual. However, unless the accident records database includes the vehicle
identification number, the commissioner deleted text beginshalldeleted text endnew text begin or full-service provider mustnew text end include the
vehicle registration plate number if a private agency certifies and agrees that the agency:

(1) is in the business of collecting accident and damage information on vehicles;

(2) will use the vehicle registration plate number only for identifying vehicles that have
been involved in accidents or damaged, to provide this information to persons seeking access
to a vehicle's history and not for identifying individuals or for any other purpose; and

(3) will be subject to the penalties and remedies under sections 13.08 and 13.09.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to requests
for records made on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 169.09, is amended by adding a subdivision to
read:


new text begin Subd. 20. new text end

new text begin Monitoring and auditing. new text end

new text begin The commissioner must monitor and audit the
furnishing of records by full-service providers under this section to ensure full-service
providers are complying with this section, chapter 13, and United States Code, title 18,
section 2721, et seq.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end