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Legislative News and Views - Rep. Debra Kiel (R)

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Clearing Up Confusion on REAL ID

Friday, December 18, 2015

Recently, a number of constituents have contacted me regarding REAL ID, and with some folks receiving incorrect information, I want to clear up the confusion and give clarity to Minnesotans planning trips next year. 

For those planning to fly in early 2016, the Department of Homeland Security (DHS) has indicated that no one should need to change their travel plans if they only have a standard-issued Minnesota driver's license which does not currently meet federal REAL ID requirements to board a commercial aircraft. DHS will give non-compliant states like Minnesota 120 days' notice before enforcement and have stated that will not begin immediately in January.  

For those who don't know what REAL ID is, it's a set of standards and procedures passed by Congress in 2005 to improve the security of driver's licenses and personal identification cards. REAL ID requires states to verify an applicant's date of birth, Social Security number and place of residence, as well as if the applicant is lawfully present in the United States. The final phase of the law is set to go into effect no sooner than January 1, 2016. 

During the 2009 legislative session in Minnesota, the legislature voted unanimously in the House and 64-1 in the Senate to prohibit the Minnesota Department of Public Safety from taking action to implement or create a plan to implement REAL ID, and it was signed into law by then Governor Pawlenty. Issues raised around REAL ID included the cost of state compliance to this new federal mandate, as well as the collection and retention of personal data.

Now, Minnesota is the only state not in compliance or on the path to compliance for REAL ID, which could prohibit Minnesotans from using their state issued driver's license to board a commercial flight starting next year. Currently, twenty-three states or territories are in full compliance, and thirty-one others have received extensions toward full compliance. Both Governor Mark Dayton and House Republicans have sent letters to DHS requesting an extension.

Additionally, it's important to note that two other types of identification are available to Minnesotans that do meet federal REAL ID requirements. Passports can be used as identification to board a flight, as well as a Minnesota-issued Enhanced Driver's License which is already available and facilitates easier border crossings into Canada, Mexico and some Central American nations.  

In Minnesota, an Enhanced Driver’s License costs an extra $15 over a standard license and requires greater identity verification measures to receive: a birth certificate (or State Department form verifying legal status in the United States), Social Security card (or tax return), proof of photographic identity and two documents proving Minnesota residency. The nearest locations offering an Enhanced Driver's License are Detroit Lakes and Bemidji. 

The Minnesota legislature is set to begin its next session in March 2016, and is expected to take up the issue of REAL ID then. No legislative action on REAL ID can be taken before that unless the governor calls a Special Session. 

I hope this helps clear up the confusion around REAL ID, and adds clarity for people planning to travel next year. My main objective is to ensure that Minnesotans can continue to travel without hindrance, so please contact my office if you have any additional questions or concerns.