PRINTER'S NO. 1419
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1211
Session of
2017
INTRODUCED BY BOBACK, BAKER, DEAN, V. BROWN, McNEILL,
SCHLOSSBERG, O'BRIEN, D. COSTA, ROZZI, MURT, LONGIETTI, SIMS,
CALTAGIRONE, HELM, PHILLIPS-HILL, WARD, MARSICO, FRANKEL,
TOOHIL, ORTITAY, FARRY, GABLER, FREEMAN, SCHWEYER AND GILLEN,
APRIL 12, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in protection from abuse, providing
for waiver of fee for corrected or duplicate State documents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6123. Waiver of fee for corrected or duplicate State
documents.
(a) Requirements for waiver.--A person who satisfies the
following requirements is eligible for a waiver of fees under
subsections (b) and (c):
(1) All of the following apply:
(i) The person has been granted relief under section
6107(b) (relating to hearings) or 6108 (relating to
relief).
(ii) The relief under subparagraph (i) was granted
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no more than 90 days prior to the person applying for a
waiver under this section.
(iii) As a result of the abuse which is the subject
of the relief under subparagraph (i), the person does not
have access to the original documents that are being
replaced or corrected.
(2) The person was the subject of abuse within the
previous 120 days and the abuse is verified through one of
the following methods:
(i) (A) A statement by an employee, agent or
volunteer of a victim service provider, an attorney,
a medical professional or a mental health
professional from whom the victim has sought
assistance relating to the abuse.
(B) A statement subject to 18 Pa.C.S. § 4904(b)
(relating to unsworn falsification to authorities)
from the person. The provisions of 18 Pa.C.S. § 1104
(relating to sentence of imprisonment for
misdemeanors) shall not apply to a violation of this
subparagraph.
(ii) The person has not filed a petition for relief
under this chapter regarding the abuse under paragraph
(1).
(iii) As a result of the abuse under paragraph (1),
the person does not have access to the original documents
that are being replaced or corrected.
(b) Waiver of fee by Department of Transportation.--Upon
application of a person who qualifies under subsection (a), the
Department of Transportation shall waive the fee for a duplicate
or corrected certificate of title, photo identification card,
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noncommercial driver's license, commercial driver's license,
camera card, learner's permit or registration card. A qualifying
person with dependents shall also receive a waiver of fee under
this section for a duplicate or corrected document for the
person's dependents.
(c) Waiver of fee by Department of Health.--Upon application
of a person who qualifies under subsection (a), the Department
of Health shall waive the fee for a certified copy of birth
record. A qualifying person with dependents shall also receive a
waiver of fee under this section for a duplicate or corrected
document for the person's dependents.
(d) Implementation by agencies.--Within 90 days of the
effective date of this section, the Department of Transportation
and the Department of Health shall establish a statement of
policy providing for applications made under subsection (b) or
(c), as applicable. A statement of policy under this subsection
must be made available on the agency's publicly accessible
Internet website and must be reviewed by the agency at least
every five years.
Section 2. This act shall take effect in 60 days.
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