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PRINTER'S NO. 427
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
76
Session of
2017
INTRODUCED BY D. MILLER, SACCONE, DEAN, SAYLOR, NEILSON,
CALTAGIRONE, DIAMOND AND CRUZ, FEBRUARY 10, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 10, 2017
A CONCURRENT RESOLUTION
Declaring that the General Assembly of the Commonwealth of
Pennsylvania is opposed to the enactment and enforcement of a
State law, under a Federal mandate, that requires the
suspension or revocation, or the delay of issuance or
reinstatement, of the driver's license of an individual
convicted of a violation of the Controlled Substances Act or
another drug offense; urging the Governor to submit a written
certification stating the Governor's opposition to the State
law along with this resolution to the United States Secretary
of Transportation; and accordingly preventing the United
States Secretary of Transportation from withholding a
specified percentage of Federal transportation apportionments
under 23 U.S.C. § 159.
WHEREAS, Under 23 U.S.C. § 159(a)(3)(A), in the absence of
compelling circumstances warranting an exception, for an
individual who is convicted of a violation of the Controlled
Substances Act (Public Law 91-513, 84 Stat. 1236) or a drug
offense, a state generally must enact and enforce a law
requiring:
(1) the revocation or suspension of the driver's license
of the individual for at least six months; or
(2) a delay in the issuance or reinstatement of the
driver's license of the individual for at least six months
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after the individual applies for issuance or reinstatement if
the individual does not have a license or has a suspended
license at the time of conviction;
and
WHEREAS, The General Assembly of the Commonwealth of
Pennsylvania recognizes that although license suspensions may be
appropriate tools in addressing rehabilitation and public safety
goals, because the matter of driving privileges is and always
has been a prerogative of a state and not the Federal
Government, the Commonwealth wishes to be relieved of the
Federal license suspension mandates; and
WHEREAS, Under 23 U.S.C. § 159(a)(3)(B), the Governor of a
state may submit to the United States Secretary of
Transportation a written certification stating that:
(1) the Governor is opposed to the enactment or
enforcement of Federal license suspension mandates under 23
U.S.C. § 159(a)(3)(A); and
(2) the General Assembly has adopted a resolution
expressing its opposition to the enactment or enforcement of
Federal license suspension mandates under 23 U.S.C. § 159(a)
(3)(A);
and
WHEREAS, The United States Secretary of Transportation shall
withhold 8% of a state's highway-related funds unless a state
either enacts and enforces a law under 23 U.S.C. § 159(a)(3)(A)
or the Governor of that state submits the written certifications
under 23 U.S.C. § 159(a)(3)(B); and
WHEREAS, After considering the mandates under 23 U.S.C. §
159, the General Assembly of the Commonwealth of Pennsylvania
determines that the enactment and enforcement of a law under 23
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U.S.C. § 159(a)(3)(A) may not be consistent with the
Commonwealth's goal of rehabilitation as balanced with public
safety concerns; and
WHEREAS, The Commonwealth has already enacted sufficient laws
to deter illegal drug activity and has the capability of
addressing further concerns; therefore be it
RESOLVED (the Senate concurring), That the General Assembly
of the Commonwealth of Pennsylvania declare its opposition to
the enactment and enforcement of a State law that requires the
suspension or revocation, or the delay in issuance or
reinstatement, of the driver's license of an individual
convicted of a violation of the Controlled Substances Act or
another drug offense due to a Federal mandate; and be it further
RESOLVED (the Senate concurring), That the General Assembly
of the Commonwealth of Pennsylvania urge the Governor to submit
a written certification stating the Governor's opposition to
such Federal mandate along with this resolution to the United
States Secretary of Transportation; and be it further
RESOLVED (the Senate concurring), That the General Assembly
of the Commonwealth of Pennsylvania accordingly prevent the
United States Secretary of Transportation from withholding a
specified percentage of Federal transportation apportionments
under 23 U.S.C. § 159; and be it further
RESOLVED, That certified copies of this resolution be
transmitted to the Governor, the presiding officers of each
house of Congress, the members of the Pennsylvania Congressional
Delegation and the United States Secretary of Transportation.
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