Amendment 1141 to Senate Bill 133 P.N. 0555, Regular Session 2017-2018

S0133B0555A01141 NAD:CMD 05/05/17 #90 A01141

AMENDMENTS TO SENATE BILL NO. 133

Sponsor: REPRESENTATIVE METCALFE

Printer's No. 555

Amend Bill, page 1, lines 1 through 4, by striking out all of

said lines and inserting

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.

Amend Bill, page 1, lines 7 through 18; page 2, lines 1

through 30; page 3, lines 1 through 25; by striking out all of

said lines on said pages and inserting

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

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

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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.

(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

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

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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

implementation of the REAL ID Act of 2005.

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.

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