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                                                       PRINTER'S NO. 925

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 825 Session of 1997


        INTRODUCED BY MAYERNIK, MARKOSEK, VAN HORNE, PLATTS, READSHAW,
           DALEY, FAIRCHILD, TULLI, BELARDI, BOSCOLA, CAWLEY, CARONE,
           ARMSTRONG, TRAVAGLIO, HERSHEY, CIVERA, STABACK, STERN, ITKIN,
           LAUGHLIN AND MICHLOVIC, MARCH 12, 1997

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 12, 1997

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, requiring notice of revocation or suspension of
     3     registration plates, cards and operating privilege to be sent
     4     by certified mail.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Sections 1376(b) and 1540(b) of Title 75 of the
     8  Pennsylvania Consolidated Statutes is amended to read:
     9  § 1376.  Surrender of registration plates and cards upon
    10             suspension or revocation.
    11     * * *
    12     (b)  Delegation of authority.--If after 30 days from the mail
    13  date of a notice of suspension or revocation by certified mail,
    14  the registration plates and cards are not surrendered under
    15  subsection (a), the department may delegate authority to the
    16  following persons to seize a registration plate and registration
    17  card which are required to be surrendered under subsection (a):
    18         (1)  A designated department employee.

     1         (2)  Members of the Pennsylvania State Police.
     2         (3)  Local police officers.
     3         (4)  Sheriffs or deputy sheriffs.
     4         (5)  Constables or deputy constables. If constables and
     5     deputy constables are delegated authority to seize
     6     registration plates and registration cards under this
     7     section, they shall be compensated by the department at the
     8     rate of $15 for each registration plate and card jointly
     9     seized, plus mileage. The department shall pay a constable or
    10     deputy constable within 30 days after a documented request
    11     for payment is submitted to it.
    12     * * *
    13  § 1540.  Surrender of license.
    14     * * *
    15     (b)  Suspension, revocation or disqualification of operating
    16  privilege.--
    17         (1)  Upon the suspension or revocation of the operating
    18     privilege or the disqualification of the commercial operating
    19     privilege of any person by the department, the department
    20     shall forthwith notify the person in writing by certified
    21     mail at the address of record to surrender his driver's
    22     license to the department for the term of suspension,
    23     revocation or disqualification.
    24         (2)  The department shall include with the written notice
    25     of suspension, revocation or disqualification a form for
    26     acknowledging the suspension, revocation or disqualification,
    27     which form shall be filed with the department if the person
    28     has no license to surrender.
    29         (3)  The suspension, revocation or disqualification shall
    30     be effective upon the earlier of:
    19970H0825B0925                  - 2 -

     1             (i)  a date determined by the department; or
     2             (ii)  the date of filing or mailing of the license or
     3         acknowledgment to the department, if that date is
     4         subsequent to the department's notice to surrender the
     5         license.
     6         (4)  Upon surrender of the license or acknowledgment, the
     7     department shall issue a receipt showing the date that it
     8     received the license or acknowledgment.
     9     * * *
    10     Section 2.  This act shall take effect in 60 days.














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