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SF 1646

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/31/2016 08:37am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; directing the commissioner of public safety to plan for
eventual implementation of Real ID program; requiring the commissioner to
appear before legislative committees upon request, to present oral and written
summaries of Real ID planning activities, and to submit fiscal notes under law;
directing the commissioner to seek an extension of enforcement of current
Real ID requirements with respect to this state; amending Laws 2009, chapter
92, section 1.

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

Section 1.

Laws 2009, chapter 92, section 1, is amended to read:


Section 1. NONCOMPLIANCE WITH REAL ID ACT.

The commissioner of public safety is prohibited from taking any action to implement
deleted text begin or to plan for the implementation by this state ofdeleted text end those sections of Public Law 109-13
known as the Real ID Act.

Sec. 2. new text begin REAL ID PLAN FOR IMPLEMENTATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Public Safety planning activities. new text end

new text begin (a) The
commissioner of public safety shall undertake planning activities within the meaning of
paragraph (b) to prepare for eventual compliance with the requirements of the REAL
ID Act of 2005, Public Law 109-13, Division B. Plans must be developed so that,
following implementation authorization by legislative enactment, the commissioner is
prepared to begin issuing Real ID-compliant drivers' licenses and identification cards
no later than October 1, 2016, or a different date authorized by enacted legislation.
The commissioner shall not adopt rules concerning Real ID or implement changes in
driver license/identification card requirements to comply with Real ID without specific
legislative authorization.
new text end

new text begin (b) Planning activities include, but are not limited to:
new text end

new text begin (1) identifying changes in existing statutes, rules, and procedures that must be
enacted or adopted in order to achieve compliance with Real ID;
new text end

new text begin (2) analyzing vendor contracts and computer operations that may be affected by
Real ID implementation and outlining procedures necessary to prepare for any necessary
changes in contracts and computer programs and operations;
new text end

new text begin (3) reviewing or seeking implementation guidance or communications from the
United States Department of Homeland Security;
new text end

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

new text begin (5) developing approaches to safeguard under a planned Real ID program, to the
greatest possible extent consistent with Minnesota law, the privacy and protection of data
concerning Minnesota applicants for and holders of drivers' licenses and identification
cards;
new text end

new text begin (6) determining feasibility of utilizing an applicant's membership in a Department
of Homeland Security Trusted Traveler Program, such as Transportation Security
Administration precheck and the Global Entry Program, to reduce or eliminate the need
for further documentation upon license application;
new text end

new text begin (7) providing recommendations to the legislature for changes in law that would be
necessary or desirable in the event of legislative authorization to implement Real ID; and
new text end

new text begin (8) itemizing costs involved in planning and implementation of Real ID, including,
but not limited to:
new text end

new text begin (i) achieving compliance with Real ID requirements, including modifying Minnesota
identification cards issued to applicants age 65 or older, as necessary to be Real
ID-compliant;
new text end

new text begin (ii) optimizing privacy and protection of data concerning Minnesota applicants
and license/card holders;
new text end

new text begin (iii) equipping, training, and qualifying driver's license agents to process Real ID
compliant driver's license and state identification card applications;
new text end

new text begin (iv) implementing a single-tier license system, in which a Real ID-noncompliant
license or identification card is not available; and
new text end

new text begin (v) implementing a two-tier license program, to offer applicants a choice between
Real ID-compliant licenses and noncompliant licenses.
new text end

new text begin Subd. 2. 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.
new text end

new text begin (b) The commissioner may include in the report analysis of relevant issues in addition
to the information on each of the planning activities listed in subdivision 1, paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Summary of planning activities 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 summaries, concerning progress and results of planning activities.
new text end

new text begin (b) Notwithstanding Laws 2009, chapter 92, section 1, the commissioner of public
safety shall comply in all respects with Minnesota Statutes, section 3.98.
new text end

Sec. 3. 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 drivers' licenses or identification cards or United States passports to
access military bases and other restricted federal facilities while the state completes full
planning for implementation of the Real ID Act.
new text end

Sec. 4. new text begin USE OF EXISTING APPROPRIATIONS.
new text end

new text begin The commissioner shall perform the duties required under this act within existing
appropriations.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment.
new text end