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HF 4818

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/16/2022 09:14am

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

Bill Text Versions

Engrossments
Introduction Posted on 04/22/2022

Current Version - as introduced

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A bill for an act
relating to transportation; authorizing collection of race and ethnicity data on
applications for drivers' licenses and identification cards; appropriating money;
amending Minnesota Statutes 2020, section 13.69, subdivision 1; Minnesota
Statutes 2021 Supplement, section 171.06, subdivision 3.

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

Section 1.

Minnesota Statutes 2020, section 13.69, subdivision 1, is amended to read:


Subdivision 1.

Classifications.

(a) The following government data of the Department
of Public Safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking
certificates and special license plates issued to physically disabled persons;

(2) other data on holders of a disability certificate under section 169.345, except that (i)
data that are not medical data may be released to law enforcement agencies, and (ii) data
necessary for enforcement of sections 169.345 and 169.346 may be released to parking
enforcement employees or parking enforcement agents of statutory or home rule charter
cities and towns;

(3) Social Security numbers in driver's license and motor vehicle registration records,
except that Social Security numbers must be provided to the Department of Revenue for
purposes of tax administration, the Department of Labor and Industry for purposes of
workers' compensation administration and enforcement, the judicial branch for purposes of
debt collection, and the Department of Natural Resources for purposes of license application
administration, and except that the last four digits of the Social Security number must be
provided to the Department of Human Services for purposes of recovery of Minnesota health
care program benefits paid; deleted text beginand
deleted text end

(4) data on persons listed as standby or temporary custodians under section 171.07,
subdivision 11
, except that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a designated
caregiver; or

(ii) law enforcement agencies who state that the license holder is unable to communicate
at that time and that the information is necessary for notifying the designated caregiver of
the need to care for a child of the license holderdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) race and ethnicity data on driver's license holders and identification card holders
under section 171.06, subdivision 3. The Department of Public Safety Office of Traffic
Safety is authorized to receive race and ethnicity data from Driver and Vehicle Services for
the purposes of research, evaluation, and public reports only.
new text end

The department may release the Social Security number only as provided in clause (3)
and must not sell or otherwise provide individual Social Security numbers or lists of Social
Security numbers for any other purpose.

(b) The following government data of the Department of Public Safety are confidential
data: data concerning an individual's driving ability when that data is received from a member
of the individual's family.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for driver's license and identification
card applications received on or after January 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 171.06, subdivision 3, is amended
to read:


Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

(2) as may be required by the commissioner, contain a description of the applicant and
any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant is not eligible for a Social Security number;

(4) contain a notification to the applicant of the availability of a living will/health care
directive designation on the license under section 171.07, subdivision 7; and

(5) include a method for the applicant to:

(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;

(ii) indicate a desire to make an anatomical gift under subdivision 3b, paragraph (e);

(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c; deleted text beginand
deleted text end

(iv) indicate emergency contacts as provided under section 171.12, subdivision 5bdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (v) indicate the applicant's race and ethnicity.
new text end

(b) Applications must be accompanied by satisfactory evidence demonstrating:

(1) identity, date of birth, and any legal name change if applicable; and

(2) for driver's licenses and Minnesota identification cards that meet all requirements of
the REAL ID Act:

(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;

(ii) Social Security number, or related documentation as applicable; and

(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.

(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:

(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and

(2) a photographic identity document.

(d) A valid Department of Corrections or Federal Bureau of Prisons identification card
containing the applicant's full name, date of birth, and photograph issued to the applicant
is an acceptable form of proof of identity in an application for an identification card,
instruction permit, or driver's license as a secondary document for purposes of Minnesota
Rules, part 7410.0400, and successor rules.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for driver's license and identification
card applications submitted on or after January 1, 2023.
new text end

Sec. 3. new text beginAPPROPRIATION; RACE AND ETHNICITY DATA.
new text end

new text begin $414,000 in fiscal year 2023 is appropriated from the driver services operating account
in the special revenue fund to the commissioner of public safety to implement collection of
race and ethnicity data on applications for credentials issued by Driver and Vehicle Services.
This is a onetime appropriation.
new text end