PRIOR PRINTER'S NOS.,, PRINTER'S NO. THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. Session of 0 INTRODUCED BY WARD, McGARRIGLE, RAFFERTY, VULAKOVICH, SCHWANK, FONTANA, SABATINA, WAGNER, MENSCH, KILLION, SCAVELLO, WHITE, ALLOWAY, YAW, STEFANO, BROWNE, LEACH AND DINNIMAN, JANUARY, 0 AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, MAY, 0 AN ACT 0 Amending the act of May, 0 (P.L., No.), entitled "An act relating to compliance with the Federal REAL ID Act of 00," further providing for short title; providing for definitions; further providing for participation in the REAL ID Act of 00; 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 00, 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: <-- <-- 0 Section. Section of the act of May, 0 (P.L., No.), known as the REAL ID Nonparticipation Act, is amended to read: Section. Short title. This act shall be known and may be cited as the Pennsylvania REAL ID [Nonparticipation] Act. Section. The act is amended by adding a section to read: Section.. Definitions. <--
0 0 0 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 Pa.C.S. Ch. (relating to licensing of drivers) or (relating to commercial drivers). "REAL ID Act of 00." Division B of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Tsunami Relief, 00 (Public Law 0-, Stat. 0). "Voluntary travel ID." A photo identification card or driver's license issued by the department under Pa.C.S. Ch. or that complies with the REAL ID Act of 00. Section. Section of the act is amended to read: Section. Participation in the REAL ID Act of 00. (a) Prohibition.--[Neither] Except as otherwise provided under subsection (a.), neither the Governor nor the [Department of Transportation] department or any other Commonwealth agency shall participate in the REAL ID Act of 00 or regulations promulgated [thereunder] under that act. (a.) Exception.--The department and any other Commonwealth agency may comply with the REAL ID Act of 00 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 (a): () to issue, upon request, a voluntary travel ID to an 00SB0PN0 - -
0 0 0 eligible applicant who meets the criteria necessary for issuance of the voluntary travel ID; and () to prominently mark on each driver's license or identification card that does not comply with the REAL ID Act of 00 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 00" means Division B of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Tsunami Relief, 00 (Public Law 0-, Stat. 0).] Section. The act is amended by adding sections to read: Section. 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. Costs. (a) Source of funding.--the department may use funding provided by the Federal Government for implementation of the REAL ID Act of 00. (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 Pa.C.S. Ch. (relating to licensing of drivers) or (relating to commercial drivers) that does not comply with the REAL ID Act of 00 shall not be charged for the costs associated with issuing and maintaining 00SB0PN0 - -
0 0 0 voluntary travel IDs. Section. Reports to General Assembly. (a) Initial report.--within 0 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 00 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 twotiered 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 00. (b) Annual reports.--the department shall submit a report to the individuals listed under subsection (c) no later than July each year, providing details on costs incurred by the department under this act. At a minimum, the report under this subsection shall include: () The cost to the department to issue voluntary travel IDs. () The total number of voluntary travel IDs applied for. () The total number of voluntary travel IDs issued. () Funding from the Federal Government for the implementation of the REAL ID Act of 00. (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 00SB0PN0 - -
0 0 0 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. 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 0 days prior to the date of issuance identified under subsection (a). Section. This act shall take effect immediately. SECTION. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PENNSYLVANIA REAL ID COMPLIANCE ACT. SECTION. 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 PA.C.S. CH. <-- 00SB0PN0 - -
0 0 0 (RELATING TO LICENSING OF DRIVERS) OR (RELATING TO COMMERCIAL DRIVERS). "REAL ID." A PHOTO IDENTIFICATION CARD OR DRIVER'S LICENSE ISSUED BY THE DEPARTMENT UNDER PA.C.S. CH. OR THAT COMPLIES WITH THE REAL ID ACT OF 00. "REAL ID ACT OF 00." DIVISION B OF THE EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR AND TSUNAMI RELIEF, 00 (PUBLIC LAW 0-, STAT. 0). "STANDARD-ISSUED DRIVER'S LICENSE OR PHOTO IDENTIFICATION CARD." A DRIVER'S LICENSE OR PHOTO IDENTIFICATION CARD ISSUED BY THE DEPARTMENT UNDER PA.C.S. CH. OR THAT DOES NOT MEET THE REQUIREMENTS OF THE REAL ID ACT OF 00. SECTION. PARTICIPATION IN THE REAL ID ACT OF 00. THE DEPARTMENT AND ANY OTHER COMMONWEALTH AGENCY SHALL COMPLY WITH THE REAL ID ACT OF 00 AND REGULATIONS PROMULGATED UNDER THAT ACT. IN COMPLYING WITH THE REQUIREMENTS OF THE REAL ID ACT OF 00, 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. SECTION. 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. REPORTS TO GENERAL ASSEMBLY. (A) INITIAL REPORT.--WITHIN 0 DAYS OF THE EFFECTIVE DATE OF 00SB0PN0 - -
0 0 0 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 00, 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 OF EACH YEAR, PROVIDING DETAILS ON COSTS INCURRED BY THE DEPARTMENT UNDER THIS ACT. AT A MINIMUM, THE REPORT UNDER THIS SUBSECTION SHALL INCLUDE: () THE COST TO THE DEPARTMENT TO ISSUE REAL IDS. () THE TOTAL NUMBER OF REAL IDS APPLIED FOR. () THE TOTAL NUMBER OF REAL IDS ISSUED. () FUNDING FROM THE FEDERAL GOVERNMENT FOR THE IMPLEMENTATION OF THE REAL ID ACT OF 00. (C) RECIPIENTS OF REPORTS.--THE REPORTS REQUIRED UNDER SUBSECTIONS (A) AND (B) SHALL BE SUBMITTED TO THE FOLLOWING INDIVIDUALS: () 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 00SB0PN0 - -
0 0 0 COMMUNICATIONS AND TECHNOLOGY 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. (0) THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES. SECTION. 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 0 DAYS AFTER THE DATE OF PUBLICATION OF THE NOTICE IN THE PENNSYLVANIA BULLETIN. SECTION. LEGISLATIVE INTENT. IT IS THE INTENT OF THIS ACT THAT: () ELIGIBLE APPLICANTS FOR OR HOLDERS OF STANDARD- ISSUED DRIVER'S LICENSES OR PHOTO IDENTIFICATION CARDS NOT SUBSIDIZE THE ISSUANCE OF REAL IDS. () ELIGIBLE APPLICANTS FOR OR HOLDERS OF REAL IDS NOT SUBSIDIZE THE ISSUANCE OF STANDARD-ISSUED DRIVER'S LICENSES OR PHOTO IDENTIFICATION CARDS. SECTION. REPEAL. () THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER PARAGRAPH () IS NECESSARY TO EFFECTUATE THIS ACT. () THE ACT OF MAY, 0 (P.L., NO.), KNOWN AS 00SB0PN0 - -
THE REAL ID NONPARTICIPATION ACT, IS REPEALED. SECTION. EFFECTIVE DATE. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. 00SB0PN0 - -