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HOUSE AMENDED
A01412
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
133
Session of
2017
INTRODUCED BY WARD, McGARRIGLE, RAFFERTY, VULAKOVICH, SCHWANK,
FONTANA, SABATINA, WAGNER, MENSCH, KILLION, SCAVELLO, WHITE,
ALLOWAY, YAW, STEFANO, BROWNE, LEACH AND DINNIMAN,
JANUARY 24, 2017
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 8, 2017
AN ACT
Imposing a duty on the Department of Transportation to file with
the Department of Homeland Security a request for extension
of time to comply with the REAL ID Act of 2005; and making a
related repeal.
AMENDING THE ACT OF MAY 8, 2012 (P.L.254, NO.38), ENTITLED "AN
ACT RELATING TO COMPLIANCE WITH THE FEDERAL REAL ID ACT OF
2005," FURTHER PROVIDING FOR SHORT TITLE; PROVIDING FOR
DEFINITIONS; FURTHER PROVIDING FOR PARTICIPATION IN THE REAL
ID ACT OF 2005; AND PROVIDING FOR COMPLIANCE BY RESIDENTS OF
THIS COMMONWEALTH, FOR COSTS, FOR REPORTS TO GENERAL ASSEMBLY
AND FOR PUBLICATION.
Providing for participation in the REAL ID Act of 2005, for
compliance by residents of this Commonwealth, for reports to
General Assembly and for publication; and repealing the REAL
ID Nonparticipation Act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the REAL ID
Compliance Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Transportation of the
Commonwealth.
"REAL ID Act." The provisions of Division B of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror and Tsunami Relief, 2005 (Public Law 109-13, 119 Stat.
231).
"REAL ID compliant driver's license or identification card."
A driver's license or identification card issued by the
department that meets the requirements of the REAL ID Act.
"Secretary." The Secretary of Transportation of the
Commonwealth.
"Standard-issued driver's license or identification card." A
driver's license or identification card issued by the department
that does not meet the requirements of the REAL ID Act.
Section 3. Duty to submit request for extension.
The department shall submit a written request to the United
States Department of Homeland Security that seeks an extension
of time for the Commonwealth to comply with the REAL ID Act. The
amount of time requested for the extension shall be at the
discretion of the Secretary of Transportation.
Section 4. Compliance with the REAL ID Act.
In complying with the requirements of the REAL ID Act as
determined by the United States Department of Homeland Security,
the department shall provide individuals seeking application for
a driver's license or identification card under 75 Pa.C.S. §
1510 (relating to issuance and content of driver's license) or
renewal under 75 Pa.C.S. § 1514 (relating to expiration and
renewal of driver's licenses) an option to obtain either a
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standard-issued driver's license or identification card. The
department shall ensure that each standard-issued driver's
license or identification card or REAL ID compliant driver's
license or identification card clearly indicates its designation
as compliant with the REAL ID Act or not.
Section 5. Legislative report.
Within 90 days of the effective date of this act, the
secretary shall present a report to the chair and minority chair
of the Communications and Technology Committee of the Senate,
the chair and minority chair of the Transportation Committee of
the Senate and the chair and minority chair of the
Transportation Committee of the House of Representatives
providing details and all estimated costs associated with the
implementation and maintenance of all remaining requirements for
compliance with the REAL ID Act as determined by the United
States Department of Homeland Security. The report shall also
include all estimated initial and recurring costs to establish
and maintain a two-tiered system which provides individuals a
choice between being issued either a standard driver's license
or identification card or a driver's license or identification
card which is compliant with the REAL ID Act.
Section 6. Repeal.
(a) General rule.--The General Assembly finds that the
repeal under subsection (b) is necessary to effectuate this act.
(b) Specific repeal.--The act of May 8, 2012 (P.L.254,
No.38), known as the REAL ID Nonparticipation Act, is repealed.
Section 7. Effective date.
This act shall take effect immediately.
SECTION 1. SECTION 1 OF THE ACT OF MAY 8, 2012 (P.L.254,
NO.38), KNOWN AS THE REAL ID NONPARTICIPATION ACT, IS AMENDED TO
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READ:
SECTION 1. SHORT TITLE.
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PENNSYLVANIA
REAL ID [NONPARTICIPATION] ACT.
SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 1.1. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"DEPARTMENT." THE DEPARTMENT OF TRANSPORTATION OF THE
COMMONWEALTH.
"ELIGIBLE APPLICANT." AN INDIVIDUAL WHO IS A RESIDENT OF
THIS COMMONWEALTH AND WHO IS ELIGIBLE TO OBTAIN A PHOTO
IDENTIFICATION CARD OR DRIVER'S LICENSE UNDER 75 PA.C.S. CH. 15
(RELATING TO LICENSING OF DRIVERS) OR 16 (RELATING TO COMMERCIAL
DRIVERS).
"REAL ID ACT OF 2005." DIVISION B OF THE EMERGENCY
SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON
TERROR AND TSUNAMI RELIEF, 2005 (PUBLIC LAW 109-13, 119 STAT.
302).
"VOLUNTARY TRAVEL ID." A PHOTO IDENTIFICATION CARD OR
DRIVER'S LICENSE ISSUED BY THE DEPARTMENT UNDER 75 PA.C.S. CH.
15 OR 16 THAT COMPLIES WITH THE REAL ID ACT OF 2005.
SECTION 3. SECTION 2 OF THE ACT IS AMENDED TO READ:
SECTION 2. PARTICIPATION IN THE REAL ID ACT OF 2005.
(A) PROHIBITION.--[NEITHER] EXCEPT AS OTHERWISE PROVIDED
UNDER SUBSECTION (A.1), NEITHER THE GOVERNOR NOR THE [DEPARTMENT
OF TRANSPORTATION] DEPARTMENT OR ANY OTHER COMMONWEALTH AGENCY
SHALL PARTICIPATE IN THE REAL ID ACT OF 2005 OR REGULATIONS
PROMULGATED [THEREUNDER] UNDER THAT ACT.
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(A.1) EXCEPTION.--THE DEPARTMENT AND ANY OTHER COMMONWEALTH
AGENCY MAY COMPLY WITH THE REAL ID ACT OF 2005 AND REGULATIONS
PROMULGATED UNDER THAT ACT ONLY TO THE EXTENT NECESSARY TO ALLOW
THE DEPARTMENT, BEGINNING NO LATER THAN THE DATE SPECIFIED IN
THE NOTICE UNDER SECTION 7(A):
(1) TO ISSUE, UPON REQUEST, A VOLUNTARY TRAVEL ID TO AN
ELIGIBLE APPLICANT WHO MEETS THE CRITERIA NECESSARY FOR
ISSUANCE OF THE VOLUNTARY TRAVEL ID; AND
(2) TO PROMINENTLY MARK ON EACH DRIVER'S LICENSE OR
IDENTIFICATION CARD THAT DOES NOT COMPLY WITH THE REAL ID ACT
OF 2005 A WRITTEN STATEMENT CLEARLY INDICATING THAT THE
DRIVER'S LICENSE OR IDENTIFICATION CARD IS NOT COMPLIANT WITH
THAT ACT.
[(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "REAL ID
ACT OF 2005" MEANS DIVISION B OF THE EMERGENCY SUPPLEMENTAL
APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR AND
TSUNAMI RELIEF, 2005 (PUBLIC LAW 109-13, 119 STAT. 302).]
SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
SECTION 4. COMPLIANCE BY RESIDENTS OF THIS COMMONWEALTH.
NO INDIVIDUAL MAY BE COMPELLED BY THE COMMONWEALTH TO APPLY
FOR A VOLUNTARY TRAVEL ID, NOR SHALL THE COMMONWEALTH
EXCLUSIVELY MANDATE A VOLUNTARY TRAVEL ID FOR ANY REASON.
SECTION 5. COSTS.
(A) SOURCE OF FUNDING.--THE DEPARTMENT MAY USE FUNDING
PROVIDED BY THE FEDERAL GOVERNMENT FOR IMPLEMENTATION OF THE
REAL ID ACT OF 2005.
(B) AUTHORITY TO CHARGE FEE.--THE DEPARTMENT SHALL CHARGE A
FEE TO THE APPLICANT FOR A VOLUNTARY TRAVEL ID AS DETERMINED BY
THE DEPARTMENT TO COVER THE FULLY ALLOCATED COSTS OF A VOLUNTARY
TRAVEL ID. THE FEE SHALL BE USED FOR COSTS RELATED TO THE
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ISSUANCE AND MAINTENANCE OF A VOLUNTARY TRAVEL ID. A PERSON WHO
APPLIES FOR A PHOTO IDENTIFICATION CARD OR DRIVER'S LICENSE
ISSUED BY THE DEPARTMENT UNDER 75 PA.C.S. CH. 15 (RELATING TO
LICENSING OF DRIVERS) OR 16 (RELATING TO COMMERCIAL DRIVERS)
THAT DOES NOT COMPLY WITH THE REAL ID ACT OF 2005 SHALL NOT BE
CHARGED FOR THE COSTS ASSOCIATED WITH ISSUING AND MAINTAINING
VOLUNTARY TRAVEL IDS.
SECTION 6. REPORTS TO GENERAL ASSEMBLY.
(A) INITIAL REPORT.--WITHIN 90 DAYS OF THE EFFECTIVE DATE OF
THIS SECTION, THE DEPARTMENT SHALL PRESENT A REPORT TO THE
INDIVIDUALS LISTED UNDER SUBSECTION (C) PROVIDING DETAILS ON
ESTIMATED COSTS ASSOCIATED WITH THE IMPLEMENTATION AND
MAINTENANCE OF ALL REQUIREMENTS FOR COMPLIANCE WITH THE REAL ID
ACT OF 2005 AS DETERMINED BY THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY. THE REPORT SHALL ALSO INCLUDE ALL ESTIMATED
INITIAL AND RECURRING COSTS TO ESTABLISH AND MAINTAIN A TWO-
TIERED SYSTEM WHICH ALLOWS INDIVIDUALS TO APPLY FOR EITHER A
VOLUNTARY TRAVEL ID OR A PHOTO IDENTIFICATION CARD OR DRIVER'S
LICENSE THAT DOES NOT COMPLY WITH THE REAL ID ACT OF 2005.
(B) ANNUAL REPORTS.--THE DEPARTMENT SHALL SUBMIT A REPORT TO
THE INDIVIDUALS LISTED UNDER SUBSECTION (C) NO LATER THAN JULY 1
EACH YEAR, PROVIDING DETAILS ON COSTS INCURRED BY THE DEPARTMENT
UNDER THIS ACT. AT A MINIMUM, THE REPORT UNDER THIS SUBSECTION
SHALL INCLUDE:
(1) THE COST TO THE DEPARTMENT TO ISSUE VOLUNTARY TRAVEL
IDS.
(2) THE TOTAL NUMBER OF VOLUNTARY TRAVEL IDS APPLIED
FOR.
(3) THE TOTAL NUMBER OF VOLUNTARY TRAVEL IDS ISSUED.
(4) FUNDING FROM THE FEDERAL GOVERNMENT FOR THE
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IMPLEMENTATION OF THE REAL ID ACT OF 2005.
(C) RECIPIENTS OF REPORTS.--THE REPORTS PREPARED UNDER
SUBSECTIONS (A) AND (B) SHALL BE SUBMITTED TO THE PRESIDENT PRO
TEMPORE OF THE SENATE, THE MAJORITY LEADER AND MINORITY LEADER
OF THE SENATE, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
APPROPRIATIONS COMMITTEE OF THE SENATE, THE CHAIRPERSON AND
MINORITY CHAIRPERSON OF THE STATE GOVERNMENT COMMITTEE OF THE
SENATE, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
TRANSPORTATION COMMITTEE OF THE SENATE, THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES, THE MAJORITY LEADER AND MINORITY LEADER OF
THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSON AND MINORITY
CHAIRPERSON OF THE APPROPRIATIONS COMMITTEE OF THE HOUSE OF
REPRESENTATIVES, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
STATE GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND
THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE TRANSPORTATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
SECTION 7. PUBLICATION.
(A) NOTICE.--THE DEPARTMENT SHALL PROVIDE NOTICE OF THE DATE
ON WHICH IT WILL COMMENCE ISSUANCE OF VOLUNTARY TRAVEL IDS BY
PUBLISHING THE DATE IN THE PENNSYLVANIA BULLETIN.
(B) DATE OF PUBLICATION.--THE DATE OF PUBLICATION SHALL BE
NO LATER THAN 60 DAYS PRIOR TO THE DATE OF ISSUANCE IDENTIFIED
UNDER SUBSECTION (A).
SECTION 5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
REAL ID Compliance Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Department." The Department of Transportation of the
Commonwealth.
"Eligible applicant." An individual who is a resident of
this Commonwealth and who is eligible to obtain a photo
identification card or driver's license under 75 Pa.C.S. Ch. 15
(relating to licensing of drivers) or 16 (relating to commercial
drivers).
"REAL ID." A photo identification card or driver's license
issued by the department under 75 Pa.C.S. Ch. 15 or 16 that
complies with the REAL ID Act of 2005.
"REAL ID Act of 2005." Division B of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror and Tsunami Relief, 2005 (Public Law 109-13, 119 Stat.
302).
"Standard-issued driver's license or photo identification
card." A driver's license or photo identification card issued
by the department under 75 Pa.C.S. Ch. 15 or 16 that does not
meet the requirements of the REAL ID Act of 2005.
Section 3. Participation in the REAL ID Act of 2005.
The department and any other Commonwealth agency shall comply
with the REAL ID Act of 2005 and regulations promulgated under
that act. In complying with the requirements of the REAL ID Act
of 2005, the department shall provide an eligible applicant with
an option to obtain either a standard-issued driver's license or
photo identification card or a REAL ID. The department shall
provide the applicant with a brief description that reasonably
describes the content, requirements and restrictions of a
standard-issued driver's license or photo identification card or
a REAL ID.
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Section 4. Compliance by residents of this Commonwealth.
No individual may be compelled by the Commonwealth to apply
for a REAL ID, nor shall the Commonwealth exclusively mandate a
REAL ID for any reason.
Section 5. Reports to General Assembly.
(a) Initial report.--Within 90 days of the effective date of
this section, the department shall present an initial report to
the individuals listed under subsection (c) providing details on
estimated costs associated with the implementation and
maintenance of all requirements for compliance with the REAL ID
Act of 2005, as determined by the United States Department of
Homeland Security. The report shall also include all estimated
initial and recurring costs to establish and maintain a two-
tiered system which allows individuals to apply for either a
REAL ID or a standard-issued driver's license or photo
identification card.
(b) Annual reports.--Except for the year the initial report
is presented, the department shall submit an annual report to
the individuals listed under subsection (c) no later than July 1
of each year, providing details on costs incurred by the
department under this act. At a minimum, the report under this
subsection shall include:
(1) The cost to the department to issue REAL IDs.
(2) The total number of REAL IDs applied for.
(3) The total number of REAL IDs issued.
(4) Funding from the Federal Government for the
implementation of the REAL ID Act of 2005.
(c) Recipients of reports.--The reports required under
subsections (a) and (b) shall be submitted to the following
individuals:
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(1) The President pro tempore of the Senate.
(2) The Majority Leader and Minority Leader of the
Senate.
(3) The chairperson and minority chairperson of the
Appropriations Committee of the Senate.
(4) The chairperson and minority chairperson of the
Communications and Technology Committee of the Senate.
(5) The chairperson and minority chairperson of the
Transportation Committee of the Senate.
(6) The Speaker of the House of Representatives.
(7) The Majority Leader and Minority Leader of the House
of Representatives.
(8) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(9) The chairperson and minority chairperson of the
State Government Committee of the House of Representatives.
(10) The chairperson and minority chairperson of the
Transportation Committee of the House of Representatives.
Section 6. Publication.
The department shall provide notice to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin of
the date on which the department will commence issuance of REAL
IDs. The date of issuance must be at least 60 days after the
date of publication of the notice in the Pennsylvania Bulletin.
Section 7. Legislative intent.
It is the intent of this act that:
(1) Eligible applicants for or holders of standard-
issued driver's licenses or photo identification cards not
subsidize the issuance of REAL IDs.
(2) Eligible applicants for or holders of REAL ID not
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subsidize the issuance of standard-issued driver's licenses
or photo identification cards.
Section 8. Repeal.
(1) The General Assembly finds that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) The act of May 8, 2012 (P.L.254, No.38), known as
the REAL ID Nonparticipation Act, is repealed.
Section 9. Effective date.
This act shall take effect immediately.
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