SF 5212

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 08:56am

A bill for an act
relating to transportation; authorizing electronic drivers' licenses; authorizing
rulemaking; proposing coding for new law in Minnesota Statutes, chapter 171.

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

Section 1.

new text begin [171.085] ELECTRONIC DRIVER'S LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "AAMVA" means the American Association of Motor Vehicle Administrators.
new text end

new text begin (c) "Credential" means a learner's permit, driver's license, or Minnesota identification
card issued under this chapter.
new text end

new text begin (d) "Credential holder" means the individual to whom a physical or electronic credential
is issued.
new text end

new text begin (e) "Data element" means a distinct component of an individual's information that is
found in the individual's customer record with DVS.
new text end

new text begin (f) "DVS" means the Department of Public Safety Driver and Vehicle Services Division.
new text end

new text begin (g) "Electronic credential" means an electronic extension of a physical credential issued
by DVS that conveys identity and driving privilege information and complies with AAMVA's
Mobile Driver's License Implementation Guidelines and the ISO/IEC 18013-5 standard.
new text end

new text begin (h) "Physical credential" means a document issued by DVS under this chapter that
conveys identity and driving privilege information and complies with AAMVA's Card
Design Standard.
new text end

new text begin (i) "Provision" means the initial loading of an electronic credential onto a credential
holder's device.
new text end

new text begin (j) "Relying party" means an entity to which the credential holder is presenting an
electronic credential.
new text end

new text begin Subd. 2. new text end

new text begin Development; rulemaking. new text end

new text begin (a) DVS may contract with one or more entities
to develop an electronic credential system.
new text end

new text begin (b) The electronic credential system must be designed to comply with the most recent
applicable AAMVA standards.
new text end

new text begin (c) DVS must adopt rules governing management and operation of an electronic credential
system and for the issuance of electronic credentials.
new text end

new text begin Subd. 3. new text end

new text begin Issuance; expiration. new text end

new text begin (a) DVS may issue an electronic credential only to
individuals who are otherwise eligible to hold a physical credential issued under this chapter.
Data elements used to build an electronic credential must match the data in the credential
holder's current DVS record.
new text end

new text begin (b) An electronic credential issued under this section expires according to the schedules
outlined under section 171.27.
new text end

new text begin Subd. 4. new text end

new text begin Fees. new text end

new text begin DVS may charge a fee for an electronic credential in addition to the fees
required under section 171.06, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Verification. new text end

new text begin (a) A relying party must authenticate an electronic credential in
accordance with applicable AAMVA standards, including through the use of secure encrypted
communication techniques, prior to accepting an electronic credential.
new text end

new text begin (b) A relying party must only request electronic credential data elements necessary to
complete the transaction for which that data are being requested.
new text end

new text begin (c) Electronic credential data is subject to chapter 13.
new text end

new text begin Subd. 6. new text end

new text begin Privacy and tracking. new text end

new text begin (a) A relying party must only retain electronic credential
data elements for which the relying party explicitly obtained consent from the credential
holder. A relying party must inform the credential holder of the use and retention period of
electronic credential data elements.
new text end

new text begin (b) The electronic credential system must be designed to maximize the privacy of the
credential holder in accordance with state and federal laws and must not track or compile
information without the credential holder's consent. DVS must only compile or disclose
information regarding use of the electronic credential as required by state or federal law.
new text end

new text begin Subd. 7. new text end

new text begin Acceptance of electronic credentials. new text end

new text begin (a) A credential holder must have a
physical credential in immediate possession at all times when operating a motor vehicle
under section 171.08.
new text end

new text begin (b) The electronic credential system must be designed so that a credential holder is not
required to display or relinquish possession of a device to a relying party for the purpose
of verifying and accepting an electronic credential.
new text end

new text begin (c) A credential holder must provide a physical credential to law enforcement upon
request.
new text end

new text begin (d) Any law or regulation that requires a credential holder to surrender a physical
credential to law enforcement does not apply to the device upon which an electronic
credential has been provisioned.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025, except that subdivision 2
is effective the day following final enactment.
new text end