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COMMITTEE REPORT
May 24, 2007
S. 449
Introduced by Senators Martin, Verdin, Sheheen, Leventis, Bryant and Knotts
S. Printed 5/24/07--H.
Read the first time April 10, 2007.
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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-85. The State shall not participate in the implementation of the federal REAL ID Act."
SECTION 2. Section 13-1-1050(A) of the 1976 Code, as added by Act 11 of 2005, is amended to read:
"(A) Notwithstanding any other provision of law, beginning February 15, 2005, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members must serve for a term of office of four years that expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve until their successors are elected and qualify, and provided that a commissioner may only serve in a hold-over capacity for a period not to exceed six months. A member of the commission may succeed himself on the commission for a second term, but no member of the commission may serve more than two consecutive terms. After serving two consecutive terms, a commission member is not eligible to serve on the commission until four years after the expiration of his second term. Any vacancy occurring in the office of commissioner must be filled by election in the manner provided in this article for the unexpired term only. No person is eligible to serve as a commission member who is not a resident of that district at the time of his appointment, except that the at-large commission member may be appointed from any county in the State regardless of whether another commissioner is serving from that county. Failure by a commission member to maintain residency in the district for which he is elected shall result in the forfeiture of his office. The at-large commission member, upon confirmation by the Senate, shall serve as chairman of the commission."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform
ROBERT E. WALKER for Committee.
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) the Department of Homeland Security, through regulation, takes all practical and prudent steps to ensure that the implementation of the REAL ID Act will not compromise the privacy of any citizen or resident of the State of South Carolina;
(2) the federal government provides one hundred percent of the funding necessary for the implementation of the REAL ID Act; and
(3) the federal government, through regulation by the Department of Homeland Security, 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' published September 2006, or as amended since then."
SECTION 3. This act takes effect upon approval by the Governor.
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