PRINTER'S NO. 4554
No. 2964 Session of 2002
INTRODUCED BY ADOLPH, M. BAKER, BUNT, CREIGHTON, FLICK, GEIST,
HARHAI, HENNESSEY, KELLER, LEDERER, PHILLIPS, PIPPY, REINARD,
SAYLOR, SCHRODER, E. Z. TAYLOR, WATSON, WILT, G. WRIGHT,
S. MILLER AND G. ARMSTRONG, NOVEMBER 12, 2002
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 12, 2002
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for licensing of drivers, for
3 commercial driver's license and for license fees.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1503(a) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding a paragraph to read:
8 § 1503. Persons ineligible for licensing; license issuance to
9 minors; junior driver's license.
10 (a) Persons ineligible for licensing.--The department shall
11 not issue a driver's license to, or renew the driver's license
12 of, any person:
13 * * *
14 (9) Who is not a resident of this Commonwealth. This
15 paragraph shall not apply to an employee of the Federal or
16 State Government or the employee's immediate family or a
17 person in the service of the armed forces of the United
1 States or the person's immediate family.
2 * * *
3 Section 2. Sections 1506, 1510 and 1514 of Title 75 are
4 amended by adding subsections to read:
5 § 1506. Application for driver's license or learner's permit.
6 * * *
7 (a.1) Noncitizen application.--A person who is not a citizen
8 of the United States may apply for a Pennsylvania driver's
9 license upon establishing the person's lawful presence in the
10 United States and this Commonwealth. The department may issue a
11 license if the person will lawfully be in the United States for
12 a period of one year or more after the date of the application
13 or for a shorter period of time if deemed appropriate by the
14 department.
15 * * *
16 § 1510. Issuance and content of driver's license.
17 * * *
18 (i) Issuance to noncitizens.--A license issued in accordance
19 with section 1506(a.1) (relating to application for driver's
20 license or learner's permit) may contain an indication that the
21 license was issued to the person who is not a citizen of the
22 United States and who has credentials or documents issued by the
23 Immigration and Naturalization Service or its successor.
24 § 1514. Expiration and renewal of drivers' licenses.
25 * * *
26 (e) Noncitizen license expiration and renewal.--
27 (1) Except as otherwise provided, a license issued on
28 the basis of Immigration and Naturalization Service (INS)
29 credentials or documents shall expire on the date appearing
30 on the INS credentials or documents provided by the applicant
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1 under section 1506(a.1) (relating to application for driver's
2 license or learner's permit).
3 (2) If the expiration date of the INS credentials or
4 documents exceeds four years, the license shall expire one
5 day after the applicant's date of birth, but not more than
6 four years from the date of issuance of the license.
7 (3) Upon presenting INS credentials or documents
8 indicating continued legal presence in the United States, the
9 person may apply for a renewal of the license.
10 (4) If a person has been granted permanent legal status
11 in the United States by the INS, the department may, in its
12 discretion, require the person to present his INS credentials
13 or documents for only the first license application or
14 renewal.
15 (5) License renewals issued under this subsection shall
16 be for the length of time as set forth in paragraph (1) or
17 (2).
18 Section 3. Sections 1515 and 1610(c) of Title 75 are amended
19 to read:
20 § 1515. Notice of change of name or address.
21 (a) General rule.--Whenever any person after applying for or
22 receiving a driver's license moves from the address named in the
23 application or in the driver's license issued or when the name
24 of a licensee is changed such person shall, within 15 days
25 thereafter, notify the department in writing of the old and new
26 addresses or of such former and new names and of the number of
27 any license then held by the person.
28 (b) Nonresident.--
29 (1) After notification from another state that the
30 driver is licensed in that state, the department shall
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1 invalidate the Pennsylvania driver's license.
2 (2) Upon notice of a change of address from a driver to
3 an out-of-State address, the department shall not renew the
4 driver's license of the person until the person reestablishes
5 residency in this Commonwealth. This paragraph shall not
6 apply to a person who is an employee of Federal or State
7 Government whose workplace is located out-of-State or the
8 employee's immediate family, or to a person in the service of
9 the armed forces of the United States or the person's
10 immediate family.
11 § 1610. Commercial driver's license.
12 * * *
13 (c) Applicant record check.--
14 (1) Before issuing a commercial driver's license, the
15 department shall obtain driving record information through
16 the Commercial Driver's License Information System and the
17 National Driver Register.
18 (2) Before issuing a commercial driver's license with an
19 "H" or "X" endorsement, the department must have received
20 notification from the United States Secretary of
21 Transportation that the individual does not pose a security
22 risk warranting denial of the endorsement. This paragraph
23 shall not apply until such time as regulations are published
24 by the United States Secretary of Transportation as required
25 by the Uniting and Strengthening America by Providing
26 Appropriate Tools Required to Intercept and Obstruct
27 Terrorism (USA Patriot Act) Act of 2001 (Public Law 107-56,
28 115 Stat. 272).
29 * * *
30 Section 4. Section 1617 of Title 75 is amended by adding a
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1 paragraph to read:
2 § 1617. Fees.
3 Fees relating to commercial drivers' licenses to be collected
4 by the department under this chapter shall be in addition to any
5 other fees imposed under the provisions of this title and are as
6 follows:
7 * * *
8 (4) An additional fee of $10 shall be imposed for the
9 initial issuance or renewal of a commercial driver's license
10 with an "H" or "X" endorsement, in addition to the cost of a
11 criminal history background check as required by the USA
12 Patriot Act of 2001 (Public Law 107-56, 115 Stat. 272).
13 Section 5. Section 1951(a) of Title 75 is amended to read:
14 § 1951. Driver's license and learner's permit.
15 (a) Driver's license.--The [annual fee for a] driver's
16 license fee for each year or partial year shall be [$5] $5.25
17 plus the cost of the photograph required in section 1510(a)
18 (relating to issuance and content of driver's license).
19 * * *
20 Section 6. This act shall take effect as follows:
21 (1) The amendment or addition of the following
22 provisions shall take effect in 120 days:
23 (i) 75 Pa.C.S. § 1503(a)(9).
24 (ii) 75 Pa.C.S. § 1515.
25 (iii) 75 Pa.C.S. § 1617(4).
26 (iv) 75 Pa.C.S. § 1951(a).
27 (2) The addition of the following provisions shall take
28 effect in 270 days:
29 (i) 75 Pa.C.S. § 1506(a.1).
30 (ii) 75 Pa.C.S. § 1510(i).
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1 (iii) 75 Pa.C.S. § 1514(e).
2 (3) The remainder of this act shall take effect in 60
3 days.
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