SF 817

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/28/2018 02:19pm

A bill for an act
relating to data practices; classifying certain data related to small business
certification programs; specifying surveillance technology data requirements;
prohibiting the application of the DWI Forfeiture Law to motor vehicles operated
by persons who enter the ignition interlock program; amending ignition interlock
performance standards; prohibiting use of devices enabled with location tracking
capabilities; amending rulemaking authority; amending Minnesota Statutes 2016,
sections 13.591, by adding a subdivision; 13.82, subdivision 31; 169A.63, by
adding a subdivision; 171.306, subdivisions 1, 2, 8; 241.065, subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 13.591, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Small business certification program data. new text end

new text begin Subdivisions 1 and 2 apply to
financial information about a business submitted to a government entity as part of the
business' application for certification as a small, small minority-owned, small woman-owned,
or veteran-owned business, or for certification under sections 16C.16 to 16C.21.
new text end

Sec. 2.

Minnesota Statutes 2016, section 13.82, subdivision 31, is amended to read:

Subd. 31.

Use of surveillance technology.

Notwithstanding subdivision 25 and section
13.37, subdivision 2, the existence new text begin and description of the types and capabilities new text end of all
technology maintained by a law enforcement agency that may be used to electronically
capture an audio, video, photographic, or other record of the activities of the general public,
or of an individual or group of individuals, for purposes of conducting an investigation,
responding to an incident or request for service, monitoring or maintaining public order and
safety, or engaging in any other law enforcement function authorized by law is public data.

Sec. 3.

Minnesota Statutes 2016, section 169A.63, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Exception. new text end

new text begin (a) This section does not apply if the driver who committed the
designated offense or whose conduct resulted in the designated license revocation becomes
a program participant in the ignition interlock program under section 171.306 within 60
days following service of the Notice of Seizure and Intent to Forfeit under this section.
new text end

new text begin (b) Notwithstanding paragraph (a), if the program participant described in paragraph (a)
subsequently operates the motor vehicle to commit a designated offense or in a manner that
results in a designated license revocation, the vehicle must be seized and summarily forfeited.
new text end

new text begin (c) Paragraph (b) applies only if the described subsequent vehicle operation occurs before
the participant has been restored to full driving privileges or within three years of the original
designated offense or designated license revocation, whichever occurs latest.
new text end

new text begin (d) The driver who becomes a participant in the ignition interlock device program may
only utilize the process in this subdivision if the device is installed at the site of storage of
the vehicle or another site approved by the appropriate agency. The appropriate agency or
other party controlling access to the storage location of a motor vehicle subject to forfeiture
under this section shall allow an ignition interlock provider access to the vehicle to install
an ignition interlock device upon satisfactory evidence that the driver seeks return of the
vehicle under the provisions of this subdivision and section 171.306, and agrees to comply
with these provisions. The provider must certify to the appropriate agency that the device
has been successfully installed.
new text end

new text begin (e) Nothing in this subdivision precludes the appropriate agency or an impound lot from
requiring the person seeking release of a motor vehicle under this subdivision to pay the
costs of the vehicle's seizure, tow, and storage costs before release.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2016, section 171.306, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the terms in this subdivision have
the meanings given them.

(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

new text begin (c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location, in whole or in part, through the operation
of the device.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04, subdivision
1, clause (10); or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item
(i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision
3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or
(iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.

deleted text begin (d) deleted text end new text begin (e) new text end "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2016, section 171.306, subdivision 2, is amended to read:

Subd. 2.

Performance standards; certification; manufacturer new text begin and provider new text end
requirements.

new text begin (a) new text end The commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock program new text begin , except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities new text end .

new text begin (b) new text end The manufacturer of a device must apply annually for certification of the device by
submitting the form prescribed by the commissioner. The commissioner shall require
manufacturers of certified devices to:

(1) provide device installation, servicing, and monitoring to indigent program participants
at a discounted rate, according to the standards established by the commissioner; and

(2) include in an ignition interlock device contract a provision that a program participant
who voluntarily terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor vehicle,
regardless of whether the term of the contract has expired.

new text begin (c) The commissioner shall prohibit the use of devices equipped with location tracking
capabilities unless location tracking capabilities are disabled.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2016, section 171.306, subdivision 8, is amended to read:

Subd. 8.

Rulemaking.

In establishing the performance standards and certification process
of subdivision 2 deleted text begin and deleted text end new text begin , new text end the program guidelines of subdivision 3, deleted text begin the commissioner is exempt
from chapter 14, including section 14.386. If deleted text end new text begin and any other new text end rules deleted text begin are otherwise deleted text end necessary
to implement this section, the commissioner deleted text begin may adopt, amend, and repeal rules using the
exempt procedures of section 14.386, except that paragraph (b) shall not apply deleted text end new text begin is subject
to chapter 14 new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2016, section 241.065, subdivision 2, is amended to read:

Subd. 2.

Establishment new text begin ; access to data new text end .

new text begin (a) new text end The Department of Corrections shall
administer and maintain a computerized data system for the purpose of assisting criminal
justice agencies new text begin in conducting official duties and new text end in monitoring and enforcing the conditions
of conditional release imposed on criminal offenders by a sentencing court or the
commissioner of corrections.

new text begin (b) new text end The adult data and juvenile data new text begin , new text end as defined in section 260B.171 new text begin , new text end in the statewide
supervision system are private data new text begin on individuals, new text end as defined in section 13.02, subdivision
12 deleted text begin , but deleted text end new text begin . Subject to paragraph (c), the data new text end are accessible to new text begin :
new text end

new text begin (1) new text end criminal justice agencies as defined in section 13.02, subdivision 3a deleted text begin , to deleted text end new text begin ;
new text end

new text begin (2) new text end the Minnesota sex offender program as provided in section 246B.04, subdivision 3 deleted text begin ,
to deleted text end new text begin ;
new text end

new text begin (3) new text end public defenders as provided in section 611.272 deleted text begin , to deleted text end new text begin ;
new text end

new text begin (4) new text end all trial courts and appellate courts deleted text begin , deleted text end new text begin ; new text end and deleted text begin to
deleted text end

new text begin (5) new text end criminal justice agencies in other states deleted text begin in the conduct of their official duties deleted text end .

new text begin (c) Case planning data in the statewide supervision system are private data on individuals,
as defined in section 13.02, subdivision 12. Case planning data are accessible to state prison
facility staff, correction staff in community corrections act counties and county probation
counties, and Department of Corrections field services staff for purposes of monitoring and
enforcing conditions of conditional release. A finalized case plan may be provided to
community service providers for the purposes described under paragraph (a).
new text end

new text begin (d) new text end Adult data in the statewide supervision system are accessible to the secretary of state
for the purposes described in section 201.157.