SF4068

Purpose

• Modernize and clarify how Minnesota handles license revocation related to impaired driving, update the ignition interlock program, and strengthen privacy protections for driver license data. The bill also makes technical corrections to related statutes.

Key Provisions

• Implied consent and revocation changes

  • Revises when certain license revocation requirements apply for incidents involving test failure/refusal or a revocation following a search warrant, especially for people without a qualified prior impaired driving incident.
  • Establishes exceptions for specific situations, including cases involving:
  • Driving while impaired by a person under age 21, or
  • Very high alcohol concentrations (twice the legal limit or more) measured at the offense or within two hours, or
  • Aggravating factors described in existing law.
  • In effect, some offenders may face different mandatory revocation provisions than under current law.

• Ignition interlock program (IID) definitions and scope

  • Defines an Ignition Interlock Device (IID) as equipment that measures breath alcohol concentration (BAC) and prevents starting a vehicle if BAC is 0.02 or higher.
  • Defines “program participant” as a person eligible to participate in the IID program and whose license has been revoked, canceled, or denied under specified sections and conditions (including cross-state considerations).

• No-alcohol restriction removal

  • Allows removal of a no-alcohol (no-alcohol/controlled-substances) restriction from a driver’s license if:
  • The person has not consumed alcohol or used a controlled substance for the past 10 to 20 years, and
  • Their driving record shows no impaired driving incident in the past 10 to 20 years.
  • If eligible, the commissioner must issue a duplicate driver’s license that does not show the no-alcohol restriction.

• Data privacy, sharing, and data access

  • designates data kept by the department under various subdivisions as private data on individuals
  • enhances rules around who can receive, disclose, or bulk-distribute driver license data
  • allows an applicant to consent in writing to disclose personal information exempted by federal law; disclosures may be used for bulk distribution by organizations (e.g., surveys, marketing, solicitation) if authorized
  • provides options for applicants to request their residence address be classified as private data and, if granted, to use a mailing address for notices and service; limits the use and sharing of that information
  • restricts sharing with federal agencies to uses permitted under federal law; clarifies related privacy classifications and sharing rules

Significant Changes to Existing Law

• Privacy and data handling

  • Expands privacy protections by classifying more driver data as private data and restricting automatic federal sharing.
  • Establishes explicit consent mechanisms and optional bulk data use by third parties, including potential sale (with applicant consent).
  • Allows residence address to be kept private (with safeguards) and replaces the residence address in notices with a mailing address for service.

• Data sharing and bulk distribution

  • Enables bulk disclosure of certain data to authorized recipients under federal law, while tightening controls on noncompliant licenses and requiring certifications for certain disclosures.

• IID program scope and definitions

  • Adds precise definitions for IID and location-tracking capabilities, and ties program participation to revocation status and cross-state considerations.

• No-alcohol restriction policy

  • Creates a pathway to remove no-alcohol restrictions after a long period with no incidents and no alcohol usage, subject to application and issuance of a duplicate license.

• Revisions to revocation framework

  • Adjusts when and how implied-consent revocations apply in certain driving-offense scenarios, with specific carve-outs for youth impairment and aggravated offenses.

Terminology and Concepts to Note

• Ignition Interlock Device (IID)
• Program participant
• Location tracking capabilities
• No-alcohol restriction
• Impaired driving
• Alcohol concentration (BAC), including thresholds like 0.02 and twice the legal limit
• Implied consent revocation
• License revocation, cancellation, and required orders
• Data privacy, private data on individuals
• 18 U.S.C. 2721 (federal data privacy framework)
• 624.712 to 624.719 (state data provisions)
• Qualified prior impaired driving incident

Relevant Terms - IID, Ignition Interlock Device - No-alcohol restriction - Impaired driving - BAC (breath alcohol concentration) - license revocation - implied consent - private data / data privacy - 18 U.S.C. 2721 - data sharing / bulk data - location tracking capabilities - program participant - cross-state revocation considerations - residence address privacy