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TO REQUEST MARK SANFORD, GOVERNOR OF SOUTH CAROLINA, ACTING WITH OR THROUGH APPROPRIATE EXECUTIVE BRANCH AGENCIES, TO APPLY FOR AN EXTENSION OF THE DEADLINE TO COMPLY WITH THE FEDERAL REAL ID ACT BEFORE THE DEADLINE OF MARCH 31, 2008, WHICH WILL ALLOW SOUTH CAROLINA TO ANALYZE THE IMPACT OF THE REAL ID ACT BUT WHICH WILL NOT REQUIRE SOUTH CAROLINA TO DECLARE ITS INTENT TO COMPLY WITH THIS ACT THEREBY ALLOWING THE STATE'S CURRENT CREDENTIALS TO BE RECOGNIZED AND ACCEPTED DURING THE EXTENSION PERIOD BY THE FEDERAL GOVERNMENT AND THE DEPARTMENT OF HOMELAND SECURITY.
Whereas, the Real ID Act passed by Congress in 2005 mandates standards for the issuance of driver's licenses and identification cards; and
Whereas, a state may choose not to implement the program, but that state's credentials may not be used to board a plane, enter a federal building, or enter a nuclear facility after May 11, 2008; and
Whereas, the act also mandates that the Department of Homeland Security issue rules for implementation. The Department of Homeland Security released preliminary rules last year and final rules on January 29, 2008; and
Whereas, the final rules allow for a staggered implementation of the requirements by allowing states a number of deadlines until final implementation in 2017. The first deadline addressed in the final rules allows states to request extensions from the Department of Homeland Security to analyze the impact of the act, but does not require states to declare intent to comply with the act; and
Whereas, citizens in states that do not file a request for extension will not be allowed to use their state-issued credentials to board planes, enter federal buildings, or enter nuclear facilities as of May 11, 2008. Instead they will be required to use some other acceptable identification document such as a passport; and
Whereas, currently all states except for Maine, New Hampshire, Delaware, South Carolina, Oklahoma, and Montana have requested and received approval for extensions; and
Whereas, it is therefore incumbent upon the Governor of the State of South Carolina, acting with or through whatever executive branch agencies he deems appropriate, to request such an extension immediately so that the March 31, 2008, deadline to apply will not pass without South Carolina being among these states whose citizens are not inconvenienced by these final rules of the Department of Homeland Security. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly request Mark Sanford, Governor of South Carolina, acting with or through appropriate executive branch agencies, to apply for an extension of the deadline to comply with the federal Real ID Act before the deadline of March 31, 2008, which will allow South Carolina to analyze the impact of the Real ID Act but which will not require South Carolina to declare its intent to comply with this act thereby allowing the state's current credentials to be recognized and accepted during the extension period by the federal government and the Department of Homeland Security.
Be it further resolved that a copy of this resolution be forwarded to Mark Sanford, Governor of South Carolina.
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