In the 2007/2008 legislative session, PA State Senator Folmer and 15 other Senators sponsored SB1220, “An Act relating to compliance with the Federal REAL ID Act of 2005 and other laws involving biometric and economic privacy”.   Representative Sam Rohrer, and more than 90 other representatives sponsored HB1351.  Some of those representatives (including one of our favorite Supremacy Clause advocates) discuss the legislation in this 2008 video:

Neither bill passed.

In the 2009/2010 legislative session, similar legislation was introduced as HB1443 and SB621.  These also didn’t pass.

In the 2010/2011 session, Senator Folmer introduced SB354 and Representative Keller introduced HB1783 This time, SB354 passed the Senate in October, the House in April, and today it was signed by Governor Corbett and became Act 38.

Just over two years after the launch of the Pennsylvania Tenth Amendment Center, we are thrilled to be able to report that on one matter, Pennsylvania’s official policy is to defend the Tenth Amendment to the US Constitution.  Living up to the guidance laid down by the 1811 Pennsylvania legislature,

Should the general government in any of its departments violate the provisions of the constitution, it rests with the states, and with the people, to apply suitable remedies.

The law of the land in in the state of Pennsylvania now states,

Neither the Governor nor the Department of Transportation or any other Commonwealth agency shall participate in the REAL ID Act of 2005 or regulations promulgated thereunder

We would like to say “Thank You!” to everyone who has placed calls and sent e-mails on behalf of this legislation, to the sponsors and other members of the Pennsylvania General Assembly, and to Governor Corbett.  On this matter, Pennsylvania lives up to its heritage today.

Steve Palmer

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