HF 2700

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2016 03:00pm

A bill for an act
relating to driver's licenses; governing planning and implementation of the
REAL ID Act; requiring legislative reporting; 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.
new text end

new text begin (a) The commissioner of public safety must perform planning activities related to
implementation and compliance with the requirements of the REAL ID Act of 2005,
Public Law 109-13, Division B, including activities necessary to begin issuing REAL
ID-compliant driver's licenses and Minnesota identification cards no later than October 1,
2016, or a different date authorized by legislation enacted subsequent to this act.
new text end

new text begin (b) 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.
new text end

new text begin (c) At a minimum, the report under paragraph (b) must include:
new text end

new text begin (1) a review of planning activities and findings;
new text end

new text begin (2) a list of specific REAL ID Act provisions with which Minnesota is currently not
compliant, including associated explanatory or background information as appropriate;
new text end

new text begin (3) a summary of any administrative rulemaking anticipated as part of REAL ID
Act implementation;
new text end

new text begin (4) a copy of any draft certification documents developed under Code of Federal
Regulations, title 6, section 37.55;
new text end

new text begin (5) a summary of any implementation guidance or communications provided by the
United States Department of Homeland Security;
new text end

new text begin (6) an itemized estimate of costs to achieve compliance, including costs incurred
by deputy registrars;
new text end

new text begin (7) a description of 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:
new text end

new text begin (i) the categories of data that must be accessible to entities outside of Minnesota, and
the purpose for which the data must be made accessible;
new text end

new text begin (ii) identification of the specific entities that will be provided access to the data and
for what purpose;
new text end

new text begin (iii) the data security protocols required by federal law related to use of and access to
the data; and
new text end

new text begin (iv) recommendations for legislation, if any, 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; and
new text end

new text begin (8) any recommendations for legislative changes in conjunction with authorization
to implement the REAL ID Act.
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. 2. new text begin EXTENSION OF TIME TO COMPLY.
new text end

new text begin The commissioner of public safety 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 EFFECTIVE DATE. new text end

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

Sec. 3. new text begin OFFICIAL PURPOSE.
new text end

new text begin (a) No holder of a Minnesota driver's license or identification card is bound by
requirements of the Department of Homeland Security regarding use of this state's driver's
license for identification purposes unless that use is specifically included in the REAL ID
Act of 2005, Public Law 109-13, Division B, on the effective date of this section until the
requirements of paragraph (b) have been fulfilled.
new text end

new text begin (b) Any change ordered by the Department of Homeland Security in the use of
the state's driver's license for identification purposes must be reviewed by a committee
consisting of the majority leader of the senate or a designee; the speaker of the house or
a designee; and the chairs and ranking minority members of the senate and house of
representatives committees and divisions with jurisdiction over transportation policy,
transportation finance, civil law, data practices, and judiciary.
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. 4. new text begin RULEMAKING; REAL ID ACT.
new text end

new text begin (a) The commissioner of public safety must amend Minnesota Rules as expressly
necessary to issue a REAL ID-compliant driver's license and a REAL ID-compliant
Minnesota identification card that meet the requirements under the REAL ID Act of 2005,
Public Law 109-13, Division B.
new text end

new text begin (b) The commissioner may use the expedited rulemaking process in Minnesota
Statutes, section 14.389, as provided under subdivision 5 of that section.
new text end

new text begin (c) The authority to use the expedited rulemaking process under this section expires
December 31, 2018.
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. 5. new text begin REPEALER.
new text end

new text begin Laws 2009, chapter 92, section 1, new text end new text begin is repealed.
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