HF 4093

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

1.1     A resolution
1.2     memorializing Congress to recognize the state of Minnesota's authority under the 
1.3     Tenth Amendment of the U.S. Constitution to regulate noncommercial drivers' licenses 
1.4     and state identification cards and to repeal certain sections of the "Real I. D. Act."
1.5     WHEREAS, the state of Minnesota has issued drivers' licenses to its residents and provided 
1.6     for their regulations and standards since 1939; and  
1.7     WHEREAS, the U.S. Congress regulates commercial drivers' licenses under the U.S. 
1.8     Constitution, Article 1, Section 8, Clause 3; and  
1.9     WHEREAS, the state of Minnesota under the Tenth Amendment of the U.S. Constitution 
1.10    has power to authorize and issue standards and regulations for noncommercial state drivers' 
1.11    licenses and state identification cards; and  
1.12    WHEREAS, the U.S. Department of Transportation estimates that there are 191 million 
1.13    drivers' licenses issued in the U.S. and the National Conference of State Legislatures cites that 95 
1.14    percent of drivers' licenses issued nationwide are noncommercial drivers' licenses and under the 
1.15    purview of the states; and  
1.16    WHEREAS, the Real I. D. Act, section 205, assigns to the U.S. Secretary of Homeland 
1.17    Security power to add, create, define, and execute standards and regulations of noncommercial 
1.18    state drivers' licenses and state identification cards, effectively overriding the power of states; and 
1.19    WHEREAS, the Real I. D. Act, section 201, assigns questionable authority to the U.S. 
1.20    Secretary of Homeland Security to define the use and purpose of a noncommercial state driver's 
1.21    license or state identification card; and
2.1     WHEREAS, the Real I. D. Act, section 202, takes away the authority of the state of 
2.2     Minnesota given by the Tenth Amendment of the U.S. Constitution to issue regulations and 
2.3     standards to Minnesota drivers' licenses and state identification cards; and
2.4     WHEREAS, the Real I. D. Act, section 202(d)(12), requires personal information in 
2.5     Minnesota's Division of Motor Vehicles database to be shared electronically with all other state 
2.6     motor vehicle databases and threatens the privacy of Minnesota residents' personal information; 
2.7     and
2.8     WHEREAS, the requirement in the Real I. D. Act, section 202(c), to collect and verify all 
2.9     documentation presented at the Division of Motor Vehicles with the issuing agency before issuing 
2.10    a state driver's license or state identification card is an undue burden upon the state of Minnesota 
2.11    to execute the administrative responsibilities of federal agencies; and
2.12    WHEREAS, the Real I. D. Act is an unfunded federal mandate and in violation of the 
2.13    federal Unfunded Mandates Act of 1994; NOW, THEREFORE,  
2.14    BE IT RESOLVED by the Legislature of the State of Minnesota  that the federal government 
2.15    should recognize its lack of constitutional authority to issue regulations and standards for 
2.16    Minnesota noncommercial state drivers' licenses and state identification cards.
2.17    BE IT FURTHER RESOLVED that the Legislature urges the President and the Congress  of 
2.18    the United States not to take away by federal legislation, regulation, or rulemaking process the 
2.19    state of Minnesota's power under the Tenth Amendment of the U.S. Constitution to issue and 
2.20    regulate Minnesota noncommercial drivers' licenses and state identification cards.
2.21    BE IT FURTHER RESOLVED that Congress should enact legislation to repeal sections 
2.22    201, 202, and 205 of the federal legislation known as the "Real I. D. Act."
2.23    BE IT FURTHER RESOLVED that the Secretary of State of the  State of Minnesota is 
2.24    directed to prepare copies of this  memorial and transmit them to the Attorney General of the State 
2.25    of Minnesota, the President of  the United States, the President and the Secretary of the  United 
2.26    States Senate, the Speaker and the Clerk of the United  States House of Representatives, and 
2.27    Minnesota's Senators and  Representatives in Congress.