HF 1732

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/30/2016 10:34am

A bill for an act
relating to transportation; governing certain planning and implementation
activities related to the federal REAL ID Act; directing certain planning,
analysis, and enforcement extension activities; requiring a report; establishing
requirements on use of state funds; repealing Laws 2009, chapter 92, section 1.

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

Section 1. new text begin REAL ID ACT.
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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.
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new text begin (b) "Commissioner" means the commissioner of public safety.
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new text begin (c) "REAL ID Act" means the REAL ID Act of 2005, Public Law 109-13, Division B.
new text end

new text begin Subd. 2. new text end

new text begin Planning requirements. new text end

new text begin (a) The commissioner shall undertake planning
activities as provided in paragraph (b) related to compliance with the requirements of the
REAL ID Act. Planning must proceed so that the commissioner is prepared to begin
issuing REAL ID-compliant driver's licenses and Minnesota identification cards no later
than October 1, 2016, or a different date otherwise authorized by law.
new text end

new text begin (b) Planning activities include, but are not limited to:
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new text begin (1) developing a list of specific REAL ID Act provisions with which Minnesota is
currently not compliant, including:
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new text begin (i) identification of changes in existing statutes, rules, and procedures that are
recommended in order to achieve compliance with REAL ID Act requirements;
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new text begin (ii) development of a summary of any administrative rule changes anticipated; and
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new text begin (iii) compilation of associated explanatory or background information as appropriate;
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new text begin (2) analyzing vendor contracts and information technology operations that may
be affected by REAL ID implementation, including outlining schedules, costs, and
procedures necessary to changing contracts and computer programs and operations;
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new text begin (3) reviewing or seeking implementation guidance or communications provided by
the United States Department of Homeland Security;
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new text begin (4) determining feasibility of utilizing an applicant's membership in a Department
of Homeland Security Trusted Traveler Program, such as Transportation Security
Administration Precheck, to reduce or eliminate the need for further documentation upon
license application;
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new text begin (5) preparing draft certification documents developed under Code of Federal
Regulations, title 6, section 37.55;
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new text begin (6) identifying costs involved in planning and implementation of REAL ID Act
requirements, which must include itemizing costs for each of the following:
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new text begin (i) achieving compliance with all REAL ID Act requirements;
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new text begin (ii) optimizing privacy and protection of data concerning Minnesota applicants and
driver's license and Minnesota identification card holders;
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new text begin (iii) equipping, training, and qualifying driver's license agents to process REAL
ID-compliant driver's license and Minnesota identification card applications;
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new text begin (iv) modifying Minnesota identification cards issued to applicants age 65 or older,
as necessary to be REAL ID-compliant;
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new text begin (v) implementing a single-tier license system, in which a REAL ID-noncompliant
license or identification card is not available; and
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new text begin (vi) implementing a two-tier license system, in which a choice is available between
REAL ID-compliant and REAL ID-noncompliant licenses and identification cards;
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new text begin (7) identifying expected impacts resulting from REAL ID Act implementation on
the security, privacy, and control of data on individuals contained in records maintained by
the commissioner or any other state or local government entity, including:
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new text begin (i) inventorying the verification systems and types of data that must be accessible to
entities outside of Minnesota, and the purpose for which the data must be made accessible;
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new text begin (ii) identifying the specific entities that will be provided access to the data and for
what purpose; and
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new text begin (iii) analyzing the data security protocols required by federal law related to use of
and access to the data; and
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new text begin (8) developing approaches to maximize safeguarding data privacy and protection,
including any recommendations for legislation to minimize the exposure of Minnesotans'
data to security, privacy, and control standards under the REAL ID Act that are less
rigorous than the protections provided under Minnesota Statutes, chapter 13, and other
applicable state laws.
new text end

new text begin Subd. 3. new text end

new text begin Legislative report. new text end

new text begin (a) By March 31, 2016, the commissioner of public
safety must submit a report on planning for implementation of the REAL ID Act to the
chairs and ranking minority members of the legislative committees with jurisdiction over
transportation policy and finance, public safety, civil law, and data practices, and to the
Legislative Commission on Data Practices and Personal Data Privacy. The report must
be submitted as required under Minnesota Statutes, section 3.195, except that printed
copies are not required.
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new text begin (b) At a minimum, the report must specifically provide information on each of the
planning activities listed in subdivision 2, paragraph (b).
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new text begin Subd. 4. new text end

new text begin Use of state funds. new text end

new text begin Funds appropriated to the commissioner under Laws
2015, chapter 75, article 1, section 5, subdivision 4, paragraph (b), are available for the
planning purposes specified under subdivision 2. The commissioner may not expend state
funds for other implementation activities unless specifically authorized by law.
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new text begin Subd. 5. new text end

new text begin Extension of time to comply. new text end

new text begin The commissioner shall act as soon as
possible, in coordination with the governor and legislature, to seek an extension from the
United States Department of Homeland Security to meet REAL ID Act requirements, in
order to allow holders of Minnesota-issued driver's licenses or identification cards to
access military bases and other restricted federal facilities while the state completes full
planning and implementation of the REAL ID Act.
new text end

new text begin Subd. 6. new text end

new text begin Information on planning and fiscal impacts. new text end

new text begin (a) The commissioner and
Department of Public Safety representatives shall appear before legislative committees
upon request and testify fully, both orally and by presentation of detailed written materials,
concerning progress and results of activities under this section.
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new text begin (b) The commissioner of public safety shall comply in all respects with Minnesota
Statutes, section 3.98.
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Sec. 2. new text begin REPEALER.
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new text begin Laws 2009, chapter 92, section 1, new text end new text begin is repealed.
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Sec. 3. new text begin EFFECTIVE DATE.
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new text begin Sections 1 to 2 are effective the day following final enactment.
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