HF3908

Purpose

This bill changes how Minnesota handles driver’s license revocation, adds and updates an ignition interlock program, and strengthens privacy protections for driving-related data. It also makes technical corrections to several statutes and adds new definitions related to ignition interlock devices and data confidentiality.

Main Provisions

• Revocation and ignition interlock adjustments

  • For certain cases where a license is revoked for test failure/refusal or a revocation under a search warrant, a driver without a prior impaired-driving incident may be subject to different mandatory revocation provisions than currently in place. There are important exceptions for young drivers (under 21), very high alcohol readings (BAC roughly twice the legal limit), or aggravating factors.
  • The bill defines terms related to revocation and ignition interlock participation, including what counts as a “program participant” and a “qualified prior impaired driving incident.”

• Privacy and data protection for driver records

  • Data kept by the Department of Public Safety about obtaining a driver’s license or Minnesota ID is designated as private data, with extra protections and rules about who can see it.
  • The bill adds rules about when and how data can be shared, including bulk data disclosures under federal law (18 U.S.C. § 2721) and requirements for certifications when sharing data about noncompliant licenses or IDs.
  • Applicants may consent in writing to disclose personal information (and may permit use of that information for bulk business purposes like surveys or marketing if they consent).
  • Applicants can request their residence address be classified as private data; the department must use a separate mailing address for service of process and notices, while keeping the residence address private. Certain data can still be shared with law enforcement and other public authorities as defined by state law.

• No-alcohol restriction changes

  • For drivers who have a no-alcohol restriction on their license, the commissioner may remove that restriction and issue a duplicate license without the restriction if the applicant has not consumed alcohol or used controlled substances in the past 10 or 20 years and has no recent impaired driving incidents.

• Data privacy with federal sharing restrictions

  • The department must not share data with federal agencies for uses beyond what federal law (18 U.S.C. § 2721) allows, reinforcing privacy protection for Minnesotans.

• Ignition interlock program and device definitions

  • The bill defines an ignition interlock device as equipment that measures breath alcohol concentration and prevents the vehicle from starting if the reading is 0.02 or higher.
  • It defines “location tracking capabilities” as the device’s ability to identify and transmit its geographic location.
  • The bill defines “program participant” as a person who has qualified to take part in the ignition interlock program and whose license has been revoked, canceled, or denied under specified conditions (driving offenses in Minnesota or recognized offenses in other states, or certain suspensions).

Significant Changes to Existing Law

• Section 1: Revises the applicability and specifics of implied-consent revocation for certain revoked licenses, with noted exceptions.
• Section 2: Adds a data-privacy classification (private data) for certain driver- and ID-related data.
• Section 3: Modifies rules around removing no-alcohol restrictions on driving records under certain long-interval conditions.
• Section 4: Expands privacy of data provisions, allows bulk data disclosures under federal law with proper consent or certification, and clarifies address privacy options for applicants.
• Section 5: Tightens limits on sharing data with federal agencies and aligns with 18 U.S.C. 2721 requirements; references other data-law provisions.
• Section 6: Introduces ignition interlock definitions (device, location tracking, program participant, qualified prior impaired driving incident) and integrates ignition interlock provisions into the program framework.

Relevant terms - ignition interlock device - ignition interlock program - breath alcohol concentration (BAC) - BAC 0.02 - program participant - qualified prior impaired driving incident - driving while impaired (DWI) - implied consent revocation - license revocation - no-alcohol restriction - duplicate driver's license - private data - data classification - data privacy - 18 U.S.C. § 2721 - bulk data disclosure - residence address privacy - service of process - location tracking capabilities

Relevant Terms - ignition interlock device - private data - data privacy - alcohol concentration - no-alcohol restriction - duplicate license - program participant - impaired driving - 18 U.S.C. 2721 - location tracking - residence address privacy - bulk data disclosure - data sharing with federal agencies