PRINTER'S NO. 979
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
876
Session of
2017
INTRODUCED BY LAWRENCE, CUTLER, DEAN, DUNBAR, ENGLISH, KAUFFMAN,
MILLARD, B. MILLER, MURT, READSHAW, TAYLOR, WARD AND
ZIMMERMAN, MARCH 16, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 16, 2017
AN ACT
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 and for report to General
Assembly.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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 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:
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"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.
(a.1) Exception.--The department may issue, upon request, a
voluntary travel ID to an eligible applicant who meets the
criteria necessary for issuance of the voluntary travel ID.
[(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.
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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 may charge a
fee as determined by the department for a voluntary travel ID.
The fee shall be used for costs related to the issuance and
maintenance of a voluntary travel ID.
Section 6. Report to General Assembly.
(a) Duty to submit.--The department shall submit a report to
the General Assembly, on an annual basis no later than July 1,
providing details on costs incurred by the department under this
act. The report 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 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 and the
chairperson and minority chairperson of the State Government
Committee of the House of Representatives.
(b) Contents of report.--At a minimum, the report shall
include:
(1) The cost to the department to issue voluntary travel
ID cards.
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(2) The total number of voluntary travel ID cards
applied for.
(3) The total number of voluntary travel ID cards
issued.
(4) Funding from the Federal government for the
implementation of the REAL ID Act of 2005.
(5) Fees collected from eligible applicants.
Section 5. This act shall take effect in 360 days.
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