H0080B2299A04480 LKK:JSL 01/14/20 #90 A04480
AMENDMENTS TO HOUSE BILL NO. 80
Sponsor: REPRESENTATIVE CARROLL
Printer's No. 2299
Amend Bill, page 1, lines 2 and 3, by striking out "amnesty"
in line 2 and all of line 3 and inserting
Relief from Administrative Suspension Program.
Amend Bill, page 1, lines 8 through 18; pages 2 through 5,
lines 1 through 30; page 6, lines 1 through 13; by striking out
all of said lines on said pages and inserting
SUBCHAPTER E
RELIEF FROM ADMINISTRATIVE SUSPENSION PROGRAM
Sec.
1591. Definitions.
1592. Relief from Administrative Suspension Program.
1593. Program requirements.
1594. Use of revenue.
1595. Proceedings relating to violations barred.
§ 1591. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Court." The issuing authority or court of competent
jurisdiction which notified the department of an individual's
failure to respond that resulted in the indefinite suspension of
that individual's operating privilege under section 1533
(relating to suspension of operating privilege for failure to
respond to citation).
"Program." The Relief from Administrative Suspension Program
established under section 1592 (relating to Relief from
Administrative Suspension Program).
§ 1592. Relief from Administrative Suspension Program.
(a) Establishment.--The department, in consultation with the
Administrative Office of Pennsylvania Courts, shall establish
the Relief from Administrative Suspension Program that shall
begin on the effective date of this section and end 12 months
after the effective date of this section.
(b) Purposes.--The program shall permit the department to
restore the operating privileges of eligible individuals from
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suspensions imposed under sections 1533(a), (b) or (d) (relating
to suspension of operating privilege for failure to respond to
citation), 1543(a) (relating to driving while operating
privilege is suspended or revoked) and 1544(a) (relating to
additional period of revocation or suspension).
(c) Duties.--The department, in consultation with the
Administrative Office of Pennsylvania Courts, shall:
(1) Review the applications filed for relief under the
program and make a determination as to the applicant's
eligibility for relief within 30 days of receipt of the
application and all other required items.
(2) Determine if an applicant has satisfied all court-
ordered obligations which resulted in a suspension of the
applicant's operating privilege under section 1533(a), (b) or
(d).
(3) Determine if an applicant was convicted of one or
more violations under section 1543(a) that occurred only as
the result of a suspension imposed under the authority of
section 1533 or 6146 (relating to enforcement agreements) and
is currently serving or will serve an operating privilege
suspension for a section 1543(a) conviction.
(4) Determine whether the granting of relief under the
program would result in immediate restoration of the
applicant's operating privilege.
(5) Prioritize the processing of applications for which
the granting of relief will result in an immediate
restoration of the applicant's operating privilege.
(6) Update eligible applicants' driver's records and
restore the operating privilege of applicants as permitted
under this title.
(d) Eligibility.--The program shall be available to an
individual who meets the following criteria:
(1) The individual's operating privilege has been
indefinitely suspended under section 1533(a), (b) or (d)
prior to the effective date of this subsection.
(2) The department's records show that the individual's
operating privilege will be or is suspended for a conviction
under section 1543(a) only as a result of a suspension
imposed under the authority of section 1533 or 6146 prior to
the effective date of this section.
(3) The individual has served any operating privilege
suspension required by the underlying offense which resulted
in violation of section 1533(a), (b) or (d).
(4) The individual has submitted a completed application
for relief to the department on a form prescribed by the
department. The following items must also be submitted with
the application:
(i) the restoration fee; and
(ii) proof of financial responsibility; or
(iii) in the case of an individual who does not own
a motor vehicle currently registered in this
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Commonwealth, a signed statement certifying that the
individual does not own a motor vehicle currently
registered in this Commonwealth.
(e) Prohibitions.--An individual shall be prohibited from
receiving relief under the program for convictions of violations
committed after the effective date of this subsection.
(f) Reinstatement.--The department shall amend eligible
individuals' driver's records to show they satisfied all court-
ordered obligations which resulted in a suspension of the
individual's operating privilege under section 1533. The
department shall amend eligible individuals' driver's records to
show that suspensions imposed for relevant convictions under
section 1543(a) will end or will not be imposed. Any add-on
suspensions imposed under section 1544(a) for violations that
occurred at the same time as a relevant violation of section
1543(a) shall be rescinded from eligible individuals' driver's
records. The department shall not be required to reinstate the
operating privilege of an individual under this subchapter if
the department is authorized under this title to suspend the
operating privilege of the individual for other violations of
this title. Upon restoration from suspension under this program,
eligible individuals' driver's records shall show five points.
(g) Compliance.--The department may not be required to
restore the operating privilege of an individual under this
subchapter until the individual has complied with section 1593
(relating to program requirements).
§ 1593. Program requirements.
(a) Form.--An individual who seeks to participate in the
program shall respond to the court pursuant to the instructions
in a restoration requirements letter which shall be provided by
the department.
(b) Satisfaction of payments owed.--The individual is
required to pay 100% of the original penalty and any other
court-ordered obligations imposed under the applicable laws of
this Commonwealth.
(c) Requirements.--In addition to the requirements under
section 1960 (relating to reinstatement of operating privilege
or vehicle registration), an individual applying for the program
shall perform one of the following:
(1) Pay all court-ordered obligations immediately or in
a single remittance.
(2) If an individual is unable to pay all obligations
under subparagraph (i), the individual shall either:
(i) pay in installments all court-ordered
obligations after a hearing conducted by the issuing
authority to determine the individual's ability to pay
and the issuance of an order providing for installment
payments; or
(ii) notwithstanding 42 Pa.C.S. § 1520(a) (relating
to adjudication alternative program), complete a court-
ordered public service or other adjudication alternative
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program under 42 Pa.C.S. § 1520(b).
(d) Proof of financial responsibility.--Notwithstanding
section 1783 (relating to proof of financial responsibility
before restoring operating privilege or registration), before
restoring an operating privilege, the department shall require
an individual participating in the program to provide the
department with:
(1) proof of financial responsibility; or
(2) in the case of an individual who does not own a
motor vehicle currently registered in this Commonwealth, a
signed statement certifying that the individual does not own
a motor vehicle currently registered in this Commonwealth.
(e) Certification.--The court shall certify to the
department that an individual is eligible for relief under the
program because:
(1) an individual has satisfied the amounts owed to the
court; or
(2) an individual has completed or satisfied all court-
ordered public service requirements or other alternative
adjudication programs.
§ 1594. Use of revenue.
All revenue received by the court under the program shall be
distributed in accordance with law.
§ 1595. Proceedings relating to violations barred.
Participation in the program is conditioned upon the
individual's agreement not to protest or pursue an
administrative or judicial proceeding against the department for
the sanctions it imposed on the individual's operating privilege
under section 1533 (relating to suspension of operating
privilege for failure to respond to citation), 1543 (relating to
driving while operating privilege is suspended or revoked), 1544
(relating to additional period of revocation or suspension) or
6146 (relating to enforcement agreements) as addressed by the
program.
Section 2. This act shall take effect in 10 months.
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See A04480 in
the context
of HB0080