A01112
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
544
Session of
2023
INTRODUCED BY BOROWSKI, PROBST, HILL-EVANS, SANCHEZ, BURGOS,
KENYATTA, HOWARD, CEPEDA-FREYTIZ, CIRESI, FIEDLER, CERRATO,
DELLOSO, SHUSTERMAN, KINKEAD, N. NELSON, OTTEN, CONKLIN,
FLEMING AND GREEN, MARCH 20, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 14, 2023
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) if:
(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, including the use
of a standardized form under subsection (e).
(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.
(B) A STATEMENT VERIFYING THE ABUSE. AN
INDIVIDUAL WHO PROVIDES MATERIALLY FALSE INFORMATION
IN THE STATEMENT UNDER THIS CLAUSE SHALL BE SUBJECT
TO A PENALTY OF $50 PLUS THE FEE CHARGED FOR THE
DOCUMENT THE INDIVIDUAL SOUGHT TO OBTAIN UNDER THIS
SECTION.
(ii) The person has not filed a petition for relief
under this chapter regarding the abuse under paragraph
(1).
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(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,
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
shall be made available on the agency's publicly accessible
Internet website and shall be reviewed by the agency at least
every five years.
(e) Forms.--The Office of Victim Advocate shall develop
standardized forms for documenting abuse and providing a method
for third party attestation of abuse under this section.
Section 2. This act shall take effect in 60 days.
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Section 2. The following shall apply:
(1) The Independent Fiscal Office shall determine
whether this act will have only a de minimis fiscal impact on
the funding of child advocacy centers and the training of
mandated reporters of child abuse by the Department of Human
Services.
(2) If the Independent Fiscal Office certifies that this
act will have only a de minimis fiscal impact as described in
paragraph (1), the Independent Fiscal Office shall transmit
notice of the certification to the Legislative Reference
Bureau for publication in the next available issue of the
Pennsylvania Bulletin.
Section 3. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) Section 2 of this act.
(ii) This section.
(2) The remainder of this act shall take effect upon
publication of the notice under section 2(2) of this act.
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