HD72 - The REAL ID Act


Executive Summary:
The REAL ID Act of 2005 establishes certain standards, procedures, and requirements for the issuance of driver's licenses and identification cards. Pursuant to Sec. 202(a)(1) of the Act, as of May 11, 2008, federal agencies "may not accept' State-issued driver's licenses or identification cards "for any official purpose" unless the issuing State is in compliance with the standards and requirements of the Act.

The Governor's Task Force on the Real ID Act, established in September, 2005, issued its report on December 29, 2005, identifying as key issues the short timeframe provided for implementation, the lack of infrastructure and technology needed for implementation, the costs associated with implementation of the Act and lack of funding, and the impact on individuals, service, security, and privacy. The Task Force also focused on the need for regulatory guidance and the actions and position Virginia should take in seeking regulations that would facilitate feasible, efficient, and economical implementation of the Act.

This report is issued in accordance with the directive of the 2006 Session of the General Assembly requiring the Commissioner of the Virginia Department of Motor Vehicles (DMV) to address implementation of the recommendations of the Task Force. (*1)

While a definitive plan for the implementation and administration of the REAL ID Act in Virginia can not be made until the Department of Homeland Security (DHS) regulations are promulgated, DMV has identified some steps that Virginia can and should pursue in furtherance of its efforts to comply with the mandates of the REAL ID Act.

In the interim, Virginia DMV has taken a number of steps designed to prepare it for the demands and requirements of the Act. These include:

• Initiating the process to implement centralized issuance of driver's licenses and identification cards, through which requirements of the REAL ID Act regarding the composition, design, and security of compliant credentials will be met;

• Replacing the dumb terminals used by Customer Service Center staff with personal computers and installing scanners, which will allow Customer Service Center personnel to scan applicants' documentation into DMV's computer system and return the documents to the applicants before they leave the Customer Service Center;

• Including in the planned redesign of its operating systems elements that will facilitate DMV's ability to comply with the requirements of REAL ID;

• Entering into a Memorandum of Understanding with DHS regarding use of the automated system known as Systematic Alien Verification for Entitlements system, as required by Sec.202(c)(3)(C) of the Act; and

• Implementing fraudulent documentation recognition training, which is required by the Act.

Virginia should continue its advocacy for the regulatory and statutory provisions that are essential to a feasible, efficient, and economical implementation of the Act. In addition, Virginia should prepare to mitigate the negative impact of REAL ID on customer service by exploring the various ways to improve service delivery and reduce operational costs. Lastly, Virginia should be prepared to respond to the DHS draft regulations once they are published and, if no delayed implementation is included, Virginia should be prepared to seek an extension of time from the Secretary of DHS.
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(*1) Item 435(D) of the Appropriations Act for the 2006-2008 biennium: "At the direction of the Secretary of Transportation, the Commissioner shall submit a plan to the General Assembly by December 1, 2006, to address the issues raised in The Governor's Task Force on the Real ID Act issued December 29, 2005 and to implement the Task Force's recommendations. The plan shall include legislative proposals and executive actions necessary to carry out the Task Force recommendations, to effectively execute the federal law, and to minimize the cost to the Commonwealth and her citizens."