Minnesota Session Laws - 2016, Regular Session

CHAPTER 83--S.F.No. 1646

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 of deleted 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 April 14, 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

Presented to the governor March 31, 2016

Signed by the governor March 31, 2016, 11:26 a.m.