21.781.11 96th Legislative Session 646

2021 South Dakota Legislature

House Concurrent Resolution 6013

Introduced by: Representative Dennert

A CONCURRENT RESOLUTION, To protect our Second Amendment rights from federal overreach using the official purpose provision of the REAL ID Act of 2005.

WHEREAS, the Real ID Act of 2005, Pub. L. 109-13, 119 Stat. 302, prohibits federal agencies from accepting a state-issued driver's license or identification card for any official purpose unless the license or card is issued by a state that meets the requirements set forth in the REAL ID Act; and

WHEREAS, under Title II, Section 201(3) of the REAL ID Act, official purpose includes accessing federal facilities, boarding federally regulated commercial aircraft, entering nuclear power plants, and any other purpose as determined by the Secretary of Homeland Security; and

WHEREAS, Michael Chertoff, former Secretary of the Department of Homeland Security, stated after the REAL ID Act was signed into law by President George W. Bush, embracing REAL ID could mean it could be used to "cash a check, hire a baby sitter, board a plane or engage in countless other activities"; and

WHEREAS, the Department of Homeland Security indicated on September 10, 2020, that all fifty states are now in full compliance issuing identification cards and driver's licenses in accordance with the REAL ID Act:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Sixth Legislature of the State of South Dakota, the Senate concurring therein, that South Dakota will not comply with the REAL ID Act, should the official purpose provision in any way infringe upon the Second Amendment rights of South Dakotans, including requiring a REAL ID compliant driver's license or state issued identification card to purchase a firearm or ammunition; and

BE IT FURTHER RESOLVED, that the Legislature is urging the South Dakota congressional delegation to immediately sponsor or co-sponsor legislation to repeal Title II of the REAL ID Act, except for Title II, Section 206 that repeals Section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004; and

BE IT FURTHER RESOLVED, that the Legislature informs the South Dakota congressional delegation that the Legislature will not support any further federal legislation that would provide the federal government the power to co-opt the driver's license or identification card of any person in South Dakota.

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.