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Legislative News and Views - Rep. Kelly Fenton (R)

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Legislative Update

Friday, December 4, 2015

Dear Friends and Neighbors,

Here is an update from St. Paul.

Budget Surplus

On Thursday, the Office of Management and Budget released their November Economic Forecast, revealing a projected surplus of $1.871 billion for Fiscal Years 2016-17. Under state law, $594 million of that will go into the state budget reserve, leaving a total projected balance of just over $1.2 billion. Thanks to the efforts of House Republicans, $865 million was left on the bottom line last session, helping bolster our budget reserves and putting our state in excellent fiscal shape heading into 2016.

I am hopeful that when we come back to session in March, we use this surplus to pass a comprehensive transportation bill that was stalled last year over the governor's insistence on a new gas tax. I will also continue to work on funding the safety study that will jump start improvements to the 494/694/94 highway interchange in Woodbury. 

Additionally, a key component next session will be providing significant middle-class tax relief for Minnesota families and hardworking taxpayers. Instead of ever increasing government budgets, legislators should be ensuring that we are growing your family budget with tax relief next session. 

MSOP Appeal

On Tuesday, the House Rules Committee on which I serve voted to retain counsel to prepare and file an amicus brief supporting the state's position that the Minnesota Sex Offender Program (MSOP) is constitutional. 

In June of this year, United States District Court Judge Donovan Frank ruled that the program was unconstitutional. No immediate releases or changes to the program resulted from Judge Frank's ruling, which has been appealed by Minnesota Attorney General Lori Swanson in the 8th Circuit Court of Appeals.

Keeping families and communities like Woodbury safe is a top legislative priority. I, along with other members of the Rules Committee voted for this action, reaffirming our belief that the MSOP is constitutional. This issue transcends political parties, and is about protecting Minnesotans first. 

I will keep you updated on this issue as more information becomes available. 

REAL ID

A number of constituents have contacted me with concerns regarding REAL ID and what it will mean for those traveling next year. I thought I would provide more information and hopefully add some clarity to this issue. 

First, what is REAL ID? REAL ID is a set of standards and procedures passed by Congress and enacted into law in 2005 intended to improve security of driver’s licenses and personal identification cards. This federal law mandates data retention and requires the state to verify things including an applicant's date of birth and social security number. The standard Minnesota driver's license does not meet these requirements which currently can bar holders from using it as a form to enter federal buildings and, starting next year, may prohibit them from using it as identification to board a domestic commercial flight. 

Minnesota is currently the only state not in compliance or on the path to compliance with this federal law. In 2009, state leaders raised serious questions about what adhering to REAL ID would mean for citizens including issues related to civil liberties, data security and what it would cost the state to handle this unfunded mandate. A law was consequently passed that prohibited the commissioner of the Minnesota Department of Public Safety from taking action to implement or create a plan for the implementation of REAL ID. 

This is an issue now because the final phase of REAL ID is set to go into effect next year, no sooner than January 1, 2016. The Department of Homeland Security (DHS) will give the state 120 days' notice before enforcement. If you have travel plans set for early next year, you should not need another form of identification to board a commercial flight.

Additionally, people should know that Minnesota does have a state source of identification that is accepted under REAL ID standards. The Enhanced Driver's License costs an extra $15 and facilitates simpler border crossings into some North American countries including Canada and Mexico. A passport will also serve as a compliant form of identification for commercial travel once the final phase of REAL ID takes effect. 

Both Governor Dayton and House Republicans have sent letters to DHS asking for an extension to REAL ID, and it's expected to be taken up next session when the legislature reconvenes in March. 

It is my goal to work with state legislators and the federal government to ensure Minnesotans can continue to travel without hindrance. 

Please contact my office if you have additional questions or concerns. 
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As your voice in St. Paul, if I can be of any assistance to you or your family on a matter of state government, please don’t hesitate to contact me. 

Sincerely,

Kelly

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