PRIOR PRINTER'S NO. 1190                      PRINTER'S NO. 1688

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1067 Session of 1979


        INTRODUCED BY MESSRS. W. D. HUTCHINSON, CIMINI, EARLEY, MUSTO,
           ZELLER, NOYE, McKELVEY, THOMAS, E. H. SMITH, ALDEN, E. R.
           LYNCH, SIEMINSKI, WEIDNER, DiCARLO, KUKOVICH, WACHOB,
           KOWALYSHYN, GIAMMARCO, RITTER, GRAY, DOMBROWSKI, McMONAGLE,
           DAWIDA, GRUPPO, KNEPPER, A. C. FOSTER AND TAYLOR, APRIL 25,
           1979

        AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 6, 1979

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for the surrender of licenses,
     3     registration plates and cards.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1376 of Title 75, act of November 25,
     7  1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
     8  Statutes, is amended to read:
     9  § 1376.  Surrender of registration plates and cards upon
    10           suspension.
    11     (a)  General rule.--The department, upon suspending any
    12  registration, shall require the registration plate or plates and
    13  registration card to be surrendered immediately to the
    14  department and may delegate authority to any authorized
    15  department employee, issuing authority, [or] police officer,
    16  district constable or writ server to seize the registration

     1  plate or plates and registration card or cards.
     2     (b)  Issuing authorities, district constables and writ
     3  servers.--Whenever the surrender of registration plates and
     4  cards is accomplished through the use of issuing authorities,
     5  district constables or writ servers, the procedures for such
     6  surrender shall be prescribed by general rule by the Supreme
     7  Court. For each card and plate set recovered by a district
     8  constable or writ server, such officer shall be paid a fee of
     9  $6. In addition, constables shall receive mileage at the rate     <--
    10  otherwise provided by law. $9 WHICH SHALL INCLUDE MILEAGE.        <--
    11     (c)  Reimbursement of department.--As a condition for the
    12  return of a surrendered registration plate and card SURRENDERED   <--
    13  TO A CONSTABLE OR A WRIT SERVER, a person shall reimburse the
    14  department for the constable's or writ server's fee. A SERVICE    <--
    15  FEE OF $25.
    16     [(b)] (d)  Penalty.--Any person failing or refusing to
    17  surrender to the department or to its authorized employee,
    18  issuing authority, police officer, district constable or writ
    19  server, upon demand, any registration plate or card which has
    20  been suspended is guilty of a summary offense and shall, upon
    21  conviction, be sentenced to pay a fine of $100.
    22     Section 2.  Title 75 is amended by adding a section to read:
    23  § 1552.  Surrender of license.
    24     (a)  General rule.--If a license, required by this subchapter
    25  to be surrendered upon notice of the suspension or revocation of
    26  operating privileges, is not received by the department within a
    27  reasonable time, the department may delegate authority to any
    28  authorized department employee, issuing authority, police
    29  officer, district constable, or writ server to seize the
    30  license.
    19790H1067B1688                  - 2 -

     1     (b)  Issuing authorities, district constables and writ
     2  servers.--Whenever the surrender of a license is accomplished
     3  through the use of issuing authorities, district constables or
     4  writ servers, the procedures for such surrender shall be
     5  prescribed by general rule by the Supreme Court. For each
     6  license recovered by a district constable or writ server, such
     7  officer shall be paid a fee of $6. In addition, constables shall  <--
     8  receive mileage at the rate otherwise provided by law. $9 WHICH   <--
     9  SHALL INCLUDE MILEAGE.
    10     (c)  Reimbursement of department.--As a condition for the
    11  return of a surrendered license SURRENDERED TO A CONSTABLE OR     <--
    12  WRIT SERVER, a person shall reimburse the department for the      <--
    13  constable's or unit service's fee. A SERVICE FEE OF $25.          <--
    14     (d)  Penalty.--Any person failing or refusing to surrender to
    15  the department or to its authorized employee, issuing authority,
    16  police officer, district constable or writ server, upon demand,
    17  any license which has been suspended is guilty of a summary
    18  offense and shall, upon conviction, be sentenced to pay a fine
    19  of $100.
    20     Section 3.  This act shall take effect January 1, 1980.







    C12L61ADGS/19790H1067B1688       - 3 -