South Carolina General Assembly
117th Session, 2007-2008

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Bill 449

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

March 21, 2007

S. 449

Introduced by Senators Martin, Verdin, Sheheen, Leventis and Bryant

S. Printed 3/21/07--S.    [SEC 3/22/07 1:40 PM]

Read the first time February 15, 2007.

            

THE COMMITTEE ON TRANSPORTATION

To whom was referred a Bill (S. 449) to amend Chapter 1, Title 56 of the 1976 Code, by adding Section 56-1-85, to provide that the State will not participate in the implementation of the REAL ID Act, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

W. GREG RYBERG for Committee.

            

A BILL

TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The General Assembly finds that:

(1)    In May 2005, the United States Congress enacted the REAL ID Act of 2005 (REAL ID Act) as part of Public Law 109-13, a federal supplemental appropriations measure;

(2)    The REAL ID Act requires states to:

(a)    issue a driver's license or state identification card in a uniform format, containing uniform information, all as prescribed by the United States Department of Homeland Security;

(b)    electronically verify the issuance, validity, and completeness of all primary documents used to issue a driver's license, such as those showing that the bearer is a United States citizen or a lawful alien, a lawful refugee, or a person holding a valid visa;

(c)    provide for secure storage of all primary documents that are used to issue a federally approved driver's license or state identification card; and

(d)    provide fraudulent document recognition training to all persons engaged in issuing driver's licenses or state identification cards;

(3)    The use of the federal minimum standards for state driver's licenses and state-issued identification cards will be necessary for any type of federally regulated activity for which an identification card must be displayed, including boarding a domestic flight, opening a bank account, entering a federal building, or making application for federally supported public assistance benefits, including Social Security;

(4) The United States Department of Homeland Security has not promulgated the required regulations necessary to implement the REAL ID Act, thereby leaving states uncertain as to how they will implement the federal mandate which goes into effect May 11, 2008;

(5)    A report issued in September 2006, by the National Conference of State Legislatures, the National Governors' Association, and the American Association of Motor Vehicle Administrators suggests that the new requirements of the REAL ID Act will cost states a minimum of $11 billion over the first five years of the program, and the South Carolina Department of Motor Vehicles estimates costs for the first five years of the program at $68 million, and despite this excessive cost there has been no federally appropriated funds to help states meet the demands of the REAL ID Act; and

(6)    The same report issued in September 2006, by the National Conference of State Legislatures, the National Governors' Association, and the American Association of Motor Vehicle Administrators outlined proposals for rules that fulfill the states' need to balance safety with service.

SECTION    2.    Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-85.    The State will not participate in the implementation of the REAL ID Act until:

(1)    it is expressly guaranteed, through regulation by the Department of Homeland Security, that implementation of the Real ID Act will not compromise the economic privacy or biological sanctity of any citizen or resident of the State of South Carolina;

(2)    the federal government provides adequate funding for the implementation of the REAL ID Act; and

(3)    the federal government adopts the changes to the REAL ID Act as outlined in the report entitled 'The REAL ID Act: National Impact Analysis' of the National Conference of State Legislatures, the National Governor's Association, and the American Association of Motor Vehicle Administrators."

SECTION    3.    This act takes effect upon approval by the Governor.

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