PRINTER'S NO. 729
No. 691 Session of 1999
INTRODUCED BY WILLIAMS, ROONEY, BEBKO-JONES, BARD, CURRY,
ROBINSON, MELIO, CORRIGAN, BROWNE, YOUNGBLOOD, HORSEY,
KENNEY, CASORIO AND HARHAI, MARCH 2, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 1999
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for denial or
3 suspension of a driver's license.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 4355(d.1) and (e) of Title 23 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 4355. Denial or suspension of licenses.
9 * * *
10 (d.1) [Special procedures for operating privilege.--] Denial
11 or suspension of a driver's license.--
12 (1) Where the domestic relations section or the
13 department has been unable to attach the income of an obligor
14 and the obligor owes support in an amount equal to or greater
15 than three months of the monthly support obligation or where
16 an individual has failed, after appropriate notice, to comply
17 with subpoenas or warrants relating to paternity or child
18 support proceedings, the court, the domestic relations
1 section or the department [may] shall issue an order
2 directing the Department of Transportation to:
3 [(i) prohibit the issuance or renewal of a license
4 of the obligor or other individual; or
5 (ii) require the suspension of the license of the
6 obligor or other individual.
7 (2) Prior to the issuance of an order to suspend,
8 nonrenew or deny a license, the obligor or other individual
9 shall be given advance notice. The notice shall specify:
10 (i) The amount of arrears owed, if applicable.
11 (ii) How, when and where the notice can be
12 contested.
13 (iii) That the grounds for contesting the notice
14 shall be limited to mistakes of fact. Mistakes of fact
15 shall be limited to errors in the amount of arrears owed
16 or mistaken identity of the obligor.
17 (iv) That an order to the Department of
18 Transportation to automatically suspend, nonrenew or deny
19 the license will occur in all cases 30 days after
20 issuance of the notice unless the arrearage is paid, a
21 periodic payment schedule is approved by the court or the
22 individual is excused from the failure to comply with the
23 warrant or subpoena.
24 (3) Any order issued to the Department of Transportation
25 pursuant to this section shall be issued as agreed upon by
26 the department and the Department of Transportation. The
27 order may be transmitted electronically or by other methods.
28 (4) Upon receipt of an order or directive from a court,
29 the domestic relations section or the department authorizing
30 the Department of Transportation to suspend the operating
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1 privilege of an obligor or other individual, the Department
2 of Transportation shall immediately suspend the operating
3 privilege of that obligor or other individual. Upon receipt
4 of an order from the court or the domestic relations section
5 or a directive from the department authorizing the Department
6 of Transportation to restore the operating privilege of an
7 obligor or other individual, the Department of Transportation
8 shall immediately restore the operating privilege of that
9 obligor or other individual if the person complies with the
10 provisions of 75 Pa.C.S. § 1960 (relating to reinstatement of
11 operating privilege or vehicle registration).
12 (5) An insurer may not increase premiums, impose a
13 surcharge or rate penalty, make a driver record point
14 assignment for automobile insurance or cancel or refuse to
15 renew an automobile insurance policy on account of a
16 suspension under this section.
17 (6) There shall be no right to appeal from a suspension
18 under this section pursuant to 75 Pa.C.S. § 1550 (relating to
19 judicial review). Subject to section 4377(c) (relating to
20 power to expedite support cases), the sole remedy shall be to
21 petition the court which entered the underlying support order
22 resulting in the suspension, revocation or refusal to issue
23 or renew the license.]
24 (i) prohibit the issuance or renewal of all classes
25 of motor vehicle operator's licenses of the obligor; or
26 (ii) require the suspension of all classes of motor
27 vehicle operator's licenses of the obligor.
28 (2) Prior to the issuance of an order to suspend,
29 nonrenew or deny motor vehicle operator's licenses, the
30 Department of Transportation shall send written notice to the
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1 obligor. The notice shall specify:
2 (i) The amount of arrears owed.
3 (ii) How, when and where the notice may be
4 contested.
5 (iii) That the grounds for contesting the notice
6 shall be limited to mistakes of fact. Mistakes of fact
7 shall be limited to errors in the amount of arrears owed
8 or mistaken identity of the obligor.
9 (iv) That an order to the department to
10 automatically suspend, nonrenew or deny the license will
11 occur in all cases 30 days after issuance of the notice
12 unless the arrearage is paid or a periodic payment
13 schedule is approved.
14 (3) (i) Thirty days after the issuance of the notice,
15 if the obligor has not paid the arrearage or entered into
16 a court-approved periodic payment schedule, the court,
17 the domestic relations section or the department shall
18 issue an order to the Department of Transportation to
19 suspend or deny the issuance or renewal of all motor
20 vehicle operator's licenses. Upon receipt, the Department
21 of Transportation shall immediately comply with that
22 order.
23 (ii) An order providing for a periodic payment
24 schedule shall also provide that failure to comply with
25 the schedule shall result in the immediate suspension,
26 nonrenewal or denial of the obligor's motor vehicle
27 licenses. This order may include a requirement that the
28 obligor's motor vehicle operator's license be suspended
29 and the obligor receive only an occupational limited
30 license from the department if the obligor qualifies for
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1 one until the arrearage is satisfied or until the court
2 issues an order removing the suspension of driving
3 privileges. Only those obligors who have a periodic
4 payment schedule approved may qualify for an occupational
5 limited license. The obligor must meet and follow
6 requirements set forth in 75 Pa.C.S. § 1553 (relating to
7 occupational limited license) in applying and using an
8 occupational limited license.
9 (iii) To contest the order, the obligor must appear
10 before the court, domestic relations section or the
11 department not later than ten days after issuance of the
12 order. The grounds for contesting shall be limited to
13 mistakes of fact. If as determined a mistake of fact has
14 occurred, the action shall be modified accordingly within
15 ten days.
16 (iv) Upon receiving an order, the Department of
17 Transportation shall send a notice to the obligor of the
18 order of the court for suspension, nonrenewal or denial
19 of motor vehicle operator's licenses. The notice shall
20 clearly state the reasons and statutory grounds for the
21 suspension, nonrenewal or denial and the mailing address
22 for the court, the domestic relations section or the
23 department that issued the order. It may include any
24 other notices prescribed by the department or the court.
25 The Department of Transportation shall develop the form
26 and content of this notice. The notice shall include
27 requirements for the obligor to return all suspended
28 driver's licenses to the Department of Transportation.
29 (4) Where the court, the domestic relations section or
30 the department has issued an order pursuant to subsection (c)
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1 and the obligor has satisfied the arrearage, the court, the
2 domestic relations section or the department shall order the
3 Department of Transportation to reinstate or issue the
4 licenses immediately, provided that the obligor meets any and
5 all other requirements for issuance or reinstatement. The
6 Department of Transportation shall have ten days to return
7 all driver's licenses to the obligor.
8 * * *
9 (e) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "License." A license, certificate, permit or other
13 authorization to:
14 (1) engage in a profession, trade or business in this
15 Commonwealth or a political subdivision or agency thereof; or
16 (2) operate a motor vehicle for personal or commercial
17 purposes.
18 "Licensing authority." Any entity of the Commonwealth,
19 political subdivision or agency thereof which issues a license.
20 "Motor vehicle operator's license." A license or permit to
21 drive a motor vehicle issued under Title 75 (relating to
22 vehicles).
23 "Occupational limited license." A license issued under 75
24 Pa.C.S. § 1553 (relating to occupational limited license).
25 "Operating privilege." The privilege to apply for and obtain
26 a license to use as well as the privilege to use a vehicle on a
27 highway as authorized under Title 75 (relating to vehicles).
28 "Recreational license." A hunting or fishing license.
29 "Suspend." To withdraw temporarily by formal action of the
30 Department of Transportation any license or privilege issued or
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1 granted by the department.
2 Section 2. This act shall take effect in 60 days.
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