PRIOR PRINTER'S NOS. 1555, 3631 PRINTER'S NO. 3828
No. 1262 Session of 2003
INTRODUCED BY TRUE, YOUNGBLOOD, ADOLPH, BAKER, BALDWIN, BARD,
BEBKO-JONES, BOYD, BROWNE, BUNT, CAPPELLI, CAWLEY, CIVERA,
CLYMER, CRAHALLA, CREIGHTON, CURRY, DeWEESE, DiGIROLAMO,
EGOLF, D. EVANS, FRANKEL, FREEMAN, GEORGE, GOODMAN, GRUCELA,
HARHAI, HARPER, HENNESSEY, HERMAN, HICKERNELL, HORSEY, JAMES,
JOSEPHS, KELLER, KOTIK, LAUGHLIN, LEACH, LEDERER, MANDERINO,
MANN, McGEEHAN, McILHATTAN, McNAUGHTON, MELIO, R. MILLER,
S. MILLER, MUNDY, O'NEILL, PETRARCA, PHILLIPS, PICKETT,
READSHAW, REICHLEY, RUBLEY, SCRIMENTI, SHANER, B. SMITH,
STERN, TANGRETTI, E. Z. TAYLOR, J. TAYLOR, TIGUE, VANCE,
WASHINGTON, WATSON, WEBER, WHEATLEY, WOJNAROSKI, COLEMAN AND
MAITLAND, APRIL 30, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 10, 2004
AN ACT
1 Amending Titles 23 (Domestic Relations) and 75 (Vehicles) of the
2 Pennsylvania Consolidated Statutes, providing for application
3 for license; establishing a system to create and maintain
4 confidentiality of the addresses of victims of domestic
5 violence, sexual assault and stalking; providing for the
6 powers and duties of the Office of Victim Advocate; providing
7 for application for certificate of title, for perfection of a
8 security interest in a vehicle, for application for
9 registration and for issuance and content of driver's
10 license; and prescribing penalties.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 1302 of Title 23 of the Pennsylvania
14 Consolidated Statutes is amended to read:
15 § 1302. Application for license.
16 (a) General rule.--No marriage license shall be issued
1 except upon written and verified application made by both of the
2 parties intending to marry.
3 (b) Contents.--The application shall contain the following:
4 (1) The full name of the applicants.
5 (2) The occupation, birthplace, residence and age of the
6 applicants. An applicant intending to marry who is a program
7 participant in the Address Confidentiality Program under
8 Chapter 67 (relating to domestic and sexual violence victim
9 address confidentiality) may use the substitute address
10 designated by the Office of Victim Advocate pursuant to
11 Chapter 67 as the address of their residence.
12 (3) Whether the marriage contemplated is the first,
13 second or other marriage of an applicant.
14 (4) A statement that neither of the applicants is
15 afflicted with transmissible disease.
16 (5) The full name, residence, occupation and birthplace
17 of the parents of each applicant, including the maiden name
18 of the mother of each applicant. An applicant may use the
19 substitute address designated by the Office of Victim
20 Advocate pursuant to Chapter 67 for a parent's residence if:
21 (i) the applicant is a program participant in the
22 Address Confidentiality Program under Chapter 67 and the
23 applicant resides with the applicant's parents; or
24 (ii) the applicant's parent is a program participant
25 in the Address Confidentiality Program under Chapter 67.
26 (6) Any other facts necessary to determine whether a
27 legal impediment to the proposed marriage exists.
28 Section 2. Title 23 is amended by adding a chapter to read:
29 CHAPTER 67
30 DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY
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1 Sec.
2 6701. Short title of chapter.
3 6702. Definitions.
4 6703. Address Confidentiality Program.
5 6704. Persons eligible to apply.
6 6705. Application and certification process.
7 6706. Cancellation, expiration and voluntary withdrawal.
8 6707. Agency use of designated address.
9 6708. Disclosure of actual address.
10 6709. Waiver process.
11 6710. Emergency disclosure.
12 6711. Penalties.
13 6712. Rules and regulations.
14 6713. Civil immunity.
15 § 6701. Short title of chapter.
16 This chapter shall be known and may be cited as the Domestic
17 and Sexual Violence Victim Address Confidentiality Act.
18 § 6702. Definitions.
19 The following words and phrases when used in this chapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Actual address." A residential address, school address or
23 work address of an individual.
24 "Law enforcement agency." A police department of a city,
25 borough, incorporated town or township, the Pennsylvania State
26 Police, district attorneys' offices, and the Office of Attorney
27 General.
28 "Office of Victim Advocate." The office established under
29 section 301 of the act of November 24, 1998 (P.L.882, No.111),
30 known as the Crime Victims Act, that is responsible for the
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1 address confidentiality program pursuant to this chapter.
2 "Program participant." A person certified by the Office of
3 Victim Advocate as eligible to participate in the address
4 confidentiality program established by this chapter.
5 "Substitute address." The official address of the Office of
6 Victim Advocate or a confidential address designated by the
7 Office of Victim Advocate.
8 "Victim of domestic violence." A person who is a victim as
9 defined by section 6102 (relating to definitions).
10 "Victim of sexual assault." A victim of an offense
11 enumerated in 18 Pa.C.S. §§ 3121 (relating to rape), 4302
12 (relating to incest), 6312 (relating to sexual abuse of
13 children), 6318 (relating to unlawful contact with minor) and
14 6320 (relating to sexual exploitation of children).
15 "Victim of stalking." A victim of an offense enumerated in
16 18 Pa.C.S. § 2709.1 (relating to stalking).
17 § 6703. Address Confidentiality Program.
18 (a) Establishment.--The Office of Victim Advocate shall
19 establish a program to be known as the Address Confidentiality
20 Program. Upon application and certification, persons eligible
21 under section 6704 (relating to persons eligible to apply) shall
22 receive a confidential, substitute address provided by the
23 Office of Victim Advocate.
24 (b) Administration.--The Office of Victim Advocate shall
25 forward all first class, registered and certified mail at no
26 expense to a program participant within three business days. The
27 Office of Victim Advocate may arrange to receive and forward
28 other classes or kinds of mail at the program participant's
29 expense.
30 (c) Notice.--Upon certification, the Office of Victim
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1 Advocate shall provide notice of participation and the program
2 participant's substitute address to appropriate court officials <--
3 involved in an ongoing civil or criminal case in which a program
4 participant is a victim, witness, plaintiff or defendant.
5 (d) Records.--All records relating to applicants and program
6 participants are the property of the Office of Victim Advocate.
7 These records, including program applications, participants'
8 actual addresses and waiver proceedings, shall be kept
9 confidential and shall not be subject to the provisions of the
10 act of June 21, 1957 (P.L.390, No.212), referred to as the
11 Right-to-Know Law, except that records may be released as
12 specifically set forth in this chapter and to a district
13 attorney to the extent necessary for the prosecution of conduct
14 as set forth in section 6711 (relating to penalties).
15 § 6704. Persons eligible to apply.
16 The following persons shall be eligible to apply to become
17 program participants:
18 (1) A victim of domestic violence who files an affidavit
19 with the Office of Victim Advocate stating the affiant's
20 eligibility for a protection from abuse order and further
21 stating that the affiant fears future violent acts by the
22 perpetrator of the abuse.
23 (2) A victim of sexual assault who files an affidavit
24 with the Office of Victim Advocate describing the
25 perpetrator's violent actions or threatened violent actions
26 toward the affiant and further stating that the affiant fears
27 future violent acts by the perpetrator of the sexual
28 violence.
29 (3) A victim of stalking who files an affidavit with the
30 Office of Victim Advocate describing the perpetrator's course
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1 of conduct or repeated actions toward the affiant meeting the
2 criteria enumerated in 18 Pa.C.S. § 2709.1 (relating to
3 stalking) and further stating that the affiant fears future
4 violent acts by the perpetrator of the stalking.
5 (4) A person who is a member of the same household as a
6 program participant.
7 (5) A program participant who notifies the Office of
8 Victim Advocate of the participant's intent to continue in
9 the program prior to the expiration of certification.
10 § 6705. Application and certification process.
11 (a) General rule.--A person must file an application with
12 the Office of Victim Advocate on a form prescribed by the Office
13 of Victim Advocate. The Office of Victim Advocate shall certify
14 eligible applicants as program participants in accordance with
15 the procedures outlined in subsection (b). Certification shall
16 be valid for a period of three years following the date of
17 certification unless the certification is withdrawn or canceled
18 before the expiration of that period.
19 (b) Requirements for certification.--The Office of Victim
20 Advocate shall certify an applicant as a program participant if:
21 (1) The applicant meets the eligibility requirements
22 under section 6704 (relating to persons eligible to apply).
23 (2) The applicant designates the Office of Victim
24 Advocate as an agent for the purpose of receiving service of
25 process.
26 (3) The application contains the applicant's actual
27 address and telephone number where the applicant can be
28 contacted.
29 (4) The application contains a list of all pending civil
30 and criminal proceedings, in which the applicant is a victim,
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1 witness, plaintiff or defendant and, if applicable, the
2 applicant's involvement with State and county probation and
3 parole.
4 (5) The application contains a statement signed by the
5 applicant affirming that the information provided by the
6 applicant is true to the best of the applicant's information,
7 knowledge and belief.
8 (6) The application contains a statement signed by the
9 applicant acknowledging that the applicant has a continuing
10 duty to notify the Office of Victim Advocate of any change in
11 the information provided to the Office of Victim Advocate in
12 accordance with this chapter. The duty shall remain in effect
13 for the duration of participation in the program.
14 (7) The application contains the date, the applicant's
15 signature and the signature of any person who assisted in the
16 preparation of the application.
17 § 6706. Cancellation, expiration and voluntary withdrawal.
18 (a) Cancellation.--The Office of Victim Advocate shall
19 cancel the certification of a program participant if:
20 (1) the program participant willingly provided false
21 information on any portion of the application;
22 (2) the program participant failed to notify the Office
23 of Victim Advocate within five days of a name change or an
24 address change; or
25 (3) the program participant's mail is returned to the
26 Office of Victim Advocate as nondeliverable.
27 (b) Expiration.--Certification as a program participant
28 shall expire three years from the date on which an applicant was
29 certified as a program participant. The Office of Victim
30 Advocate shall send written notification of pending expiration
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1 to a program participant's last known actual address 30 days
2 prior to the expiration of certification.
3 (c) Withdrawal.--A program participant may withdraw at any
4 time by notifying the Office of Victim Advocate in writing.
5 (d) Effect of cancellation, expiration or withdrawal.--
6 Notwithstanding cancellation, expiration or prior withdrawal
7 from the program, all persons eligible to apply to become
8 program participants may reapply for participation in the
9 program.
10 § 6707. Agency use of designated address.
11 State and local government agencies shall accept the
12 substitute address designated ON A VALID PROGRAM PARTICIPATION <--
13 CARD ISSUED TO THE PROGRAM PARTICIPANT by the Office of Victim
14 Advocate as the program participant's address, except as
15 follows:
16 (1) when the State or local government agency has been
17 granted a waiver pursuant to section 6709 (relating to waiver
18 process); or
19 (2) when the program participant is any of the
20 following:
21 (i) a released offender complying with State or
22 county probation or parole requirements; or
23 (ii) a convicted sexual offender who has fulfilled
24 the offender's sentence but must register the offender's
25 community residence as required under 42 Pa.C.S. §§
26 9795.1 (relating to registration) and 9795.2 (relating to
27 registration procedures and applicability) or any similar
28 registration requirement imposed by any other
29 jurisdiction.
30 § 6708. Disclosure of actual address.
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1 The Office of Victim Advocate shall not disclose the actual
2 address of a program participant except to any of the following:
3 (1) A State or local government agency when the State or
4 local government agency has been granted a waiver by the
5 Office of Victim Advocate and the disclosure is made pursuant
6 to section 6709 (relating to waiver process).
7 (2) A person or agency when disclosure is determined by
8 the Office of Victim Advocate to be required due to an
9 emergency and the disclosure is made pursuant to section 6710
10 (relating to emergency disclosure).
11 (3) A person identified in an order of court directing
12 the Office of Victim Advocate to disclose the program
13 participant's actual address and disclosure is made pursuant
14 to the court order.
15 § 6709. Waiver process.
16 (a) Request for waiver.--A State or local government agency
17 requesting disclosure of a program participant's actual address
18 pursuant to this section shall make such a request in writing on
19 agency letterhead and shall provide the Office of Victim
20 Advocate with the following information:
21 (1) The name of the program participant for whom the
22 agency seeks disclosure of the actual address.
23 (2) A statement, with explanation, setting forth the
24 reason or reasons that the agency needs the program
25 participant's actual address and a statement that the agency
26 cannot meet its statutory or administrative obligations
27 without disclosure of the program participant's actual
28 address.
29 (3) A particular statement of facts showing that other
30 methods to locate the program participant or the program
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1 participant's actual address have been tried and have failed
2 or that the methods reasonably appear to be unlikely to
3 succeed.
4 (4) A statement that the agency has adopted a procedure
5 setting forth the steps the agency will take to protect the
6 confidentiality of the program participant's actual address.
7 (b) Notice to program participant.--
8 (1) Except as provided in paragraph (3), the Office of
9 Victim Advocate shall provide the program participant with
10 notice of a request for waiver received pursuant to
11 subsection (a) and to the extent possible, the program
12 participant shall be afforded an opportunity to be heard
13 regarding the request.
14 (2) Except as provided in paragraph (3), the Office of
15 Victim Advocate shall provide the program participant with
16 written notification whenever a waiver has been granted or
17 denied pursuant to this section.
18 (3) No notice or opportunity to be heard shall be given
19 to the program participant when the request for disclosure is
20 made by a State or local law enforcement agency conducting a
21 criminal investigation involving alleged criminal conduct by
22 the program participant or when providing notice to the
23 program participant would jeopardize an ongoing criminal
24 investigation or the safety of law enforcement personnel.
25 (c) Review of request for waiver.--The Office of Victim
26 Advocate shall promptly conduct a review of all requests
27 received pursuant to this section. In conducting a review, the
28 Office of Victim Advocate shall consider all information
29 received pursuant to subsections (a) and (b) and any other
30 appropriate information that the Office of Victim Advocate may
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1 require.
2 (d) Criteria for granting a request for waiver.--The Office
3 of Victim Advocate shall grant a State or local government
4 agency's request for waiver and release a program participant's
5 actual address pursuant to this section if:
6 (1) the agency has a bona fide statutory or
7 administrative need for the actual address;
8 (2) the actual address will only be used for the purpose
9 stated in the request;
10 (3) other methods to locate the program participant or
11 the program participant's actual address have been tried and
12 have failed, or that such methods reasonably appear to be
13 unlikely to succeed; and
14 (4) the agency has adopted a procedure for protecting
15 the confidentiality of the actual address of the program
16 participant.
17 (e) Form of waiver.--Upon granting a request for waiver
18 pursuant to this section, the Office of Victim Advocate shall
19 provide the State or local government agency receiving the
20 waiver with a form containing:
21 (1) the program participant's actual address;
22 (2) a statement setting forth the permitted use of the
23 actual address and the names or classes of persons permitted
24 to have access to and use of the actual address;
25 (3) a statement that the agency receiving the waiver is
26 required to limit access to and use of the actual address to
27 the permitted use and persons set forth in the waiver; and
28 (4) the date on which the waiver expires, if the
29 permitted use makes the expiration appropriate, after which
30 the agency may no longer maintain, use or have access to the
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1 actual address.
2 (f) Requirements of a State and local government agency
3 receiving a waiver.--A State or local government agency granted
4 a waiver by the Office of Victim Advocate pursuant to this
5 section shall:
6 (1) limit the use of the program participant's actual
7 address to the purposes set forth in the waiver;
8 (2) limit the access to the program participant's actual
9 address to the persons or classes of persons set forth in the
10 waiver;
11 (3) cease to use and dispose of the program
12 participant's actual address upon the expiration of the
13 waiver; and
14 (4) except as otherwise set forth in the waiver,
15 maintain the confidentiality of a program participant's
16 actual address.
17 (g) Denial of request for waiver.--Upon denial of a State or
18 local government agency's request for waiver, the Office of
19 Victim Advocate shall provide prompt written notification to the
20 agency stating that the agency's request has been denied and
21 setting forth the specific reasons for the denial.
22 (h) Filing of exceptions.--A State or local government
23 agency may file written exceptions with the Office of Victim
24 Advocate no more than 15 days after written notification is
25 provided pursuant to subsection (g). The exceptions shall
26 restate the information contained in the request for waiver,
27 state the grounds upon which the agency asserts that the request
28 for waiver should be granted and specifically respond to the
29 Office of Victim Advocate's specific reasons for denial.
30 (i) Review of exceptions and determination.--Unless the
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1 State or local government agency filing exceptions agrees
2 otherwise, the Office of Victim Advocate shall make a final
3 determination regarding the exceptions within 30 days after the
4 filing of exceptions pursuant to subsection (h). Prior to making
5 a final determination regarding the exceptions, the Office of
6 Victim Advocate may request additional information from the
7 agency or the program participant and conduct a hearing. If the
8 final determination of the Office of Victim Advocate is that the
9 denial of the agency's request for waiver was properly denied,
10 the Office of Victim Advocate shall provide the agency with
11 written notification of this final determination stating that
12 the agency's request has again been denied and setting forth the
13 specific reasons for the denial. If the final determination of
14 the Office of Victim Advocate is that the denial of the agency's
15 request for waiver has been improperly denied, the Office of
16 Victim Advocate shall grant the agency's request for waiver in
17 accordance with this section. The final determination of the
18 Office of Victim Advocate shall be the final order of the Office
19 of Victim Advocate.
20 (j) Agency appeal of final determination.--Within 30 days
21 after notification that the Office of Victim Advocate has made a
22 final determination affirming the denial of a State or local
23 government agency's request for waiver, an agency may file a
24 petition for review or any such other document as permitted or
25 required by general court rules. The Office of Victim Advocate
26 shall be given notice of any action commenced in accordance with
27 this subsection or general rule and shall be afforded an
28 opportunity to respond as permitted or required by general court
29 rules.
30 (k) Record on appeal.--The record before any court hearing
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1 an agency appeal pursuant to subsection (j) shall consist of the
2 State or local government agency's request for waiver, the
3 Office of Victim Advocate's written response, the agency's
4 exceptions, the hearing transcript, if any, and the Office of
5 Victim Advocate's final determination.
6 (l) Use of substitute address during certain periods.--
7 During any period of review, evaluation or appeal, the agency
8 shall, to the extent possible, accept and use the program
9 participant's substitute address.
10 (m) Waiver.--Nothing in this section shall be construed to
11 prevent the Office of Victim Advocate from granting a waiver to
12 a State or local government agency pursuant to this section upon
13 receipt of a program participant's written consent to do so.
14 § 6710. Emergency disclosure.
15 (a) General rule.--The Office of Victim Advocate shall
16 establish a system to respond to requests for emergency
17 disclosures that will provide for 24-hour access to a program
18 participant's actual address.
19 (b) Request for emergency disclosure.--A government agency
20 may request that the Office of Victim Advocate disclose a
21 program participant's actual address through the system
22 established pursuant to subsection (a). The Office of Victim
23 Advocate shall disclose a program participant's actual address
24 if the disclosure:
25 (1) will prevent physical harm to a program participant
26 or to a program participant's family member; or
27 (2) is made to a law enforcement agency for law
28 enforcement purposes and the circumstances warrant immediate
29 disclosure.
30 (c) Requirements for emergency disclosure.--Prior to
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1 disclosing a program participant's actual address pursuant to
2 this section, the Office of Victim Advocate shall require:
3 (1) verification of the requester's identity and the
4 requester's employment with a government agency;
5 (2) verification of the stated reason for the request to
6 adequately ensure that emergency disclosure is required
7 pursuant to subsection (b);
8 (3) proof, to the satisfaction of the Office of Victim
9 Advocate, that other methods to locate the program
10 participant or the program participant's actual address have
11 been tried and have failed or that the methods reasonably
12 appear to be unlikely to succeed given the circumstances of
13 the stated reason for the request;
14 (4) that the program participant's actual address only
15 be used by the requester or the agency to the extent
16 necessary to respond to the stated reason for the request;
17 (5) that the requester and the requester's agency
18 maintain the confidentiality of the actual address of the
19 program participant; and
20 (6) that the requester and the requester's agency agree
21 to dispose of the program participant's actual address as
22 soon as practicable after the circumstances surrounding the
23 stated reason for the request no longer require emergency
24 disclosure pursuant to this section.
25 § 6711. Penalties.
26 (a) False information.--Any person who knowingly provides
27 false information in regard to a material fact contained in any
28 application made pursuant to section 6704 (relating to persons
29 eligible to apply) or 6705 (relating to application and
30 certification process) shall be subject to termination from the
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1 program and to criminal penalties under 18 Pa.C.S. § 4904
2 (relating to unsworn falsification to authorities).
3 (b) Access by fraud or misrepresentation.--
4 (1) Except as provided in paragraph (2), any person who
5 intentionally, knowingly or recklessly attempts to gain
6 access to or gains access to a program participant's actual
7 address by fraud or misrepresentation commits a misdemeanor
8 of the second degree. A second or subsequent violation of
9 this paragraph shall be graded as a felony of the third
10 degree.
11 (2) A first offense under paragraph (1) shall be graded
12 as a felony of the third degree if it is committed by any
13 person who has previously been convicted of a crime of
14 violence involving the program participant under paragraph
15 (1) or the program participant's family or household member
16 as defined in section 6102 (relating to definitions)
17 including:
18 18 Pa.C.S. § 2701 (relating to simple assault);
19 18 Pa.C.S. § 2702 (relating to aggravated assault);
20 18 Pa.C.S. § 2705 (relating to recklessly endangering
21 another person);
22 18 Pa.C.S. § 2709 (relating to harassment);
23 18 Pa.C.S. § 2709.1 (relating to stalking);
24 18 Pa.C.S. § 2901 (relating to kidnapping);
25 18 Pa.C.S. § 3121 (relating to rape);
26 18 Pa.C.S. § 3123 (relating to involuntary deviate
27 sexual intercourse);
28 18 Pa.C.S. § 4954 (relating to protective orders); or
29 23 Pa.C.S. § 6108 (relating to relief).
30 (c) Unauthorized use of disclosed actual address.--A person
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1 who lawfully obtains a program participant's actual address
2 pursuant to an exception contained in section 6708 (relating to
3 disclosure of actual address) and who subsequently discloses or
4 uses the actual address in a manner not authorized by this
5 chapter commits a summary offense.
6 § 6712. Rules and regulations.
7 The Office of Victim Advocate shall have the following duties
8 in order to implement this chapter:
9 (1) The Office of Victim Advocate shall adopt and use
10 guidelines, which shall be published in the Pennsylvania
11 Bulletin. The guidelines shall not be subject to review under
12 section 205 of the act of July 31, 1968 (P.L.769, No.240),
13 referred to as the Commonwealth Documents Law, or the act of
14 June 25, 1982 (P.L.633, No.181), known as the Regulatory
15 Review Act.
16 (2) By July 1, 2006, the Office of Victim Advocate
17 shall, in accordance with law, promulgate regulations to
18 replace the guidelines under paragraph (1).
19 (3) The guidelines under paragraph (1) shall take effect
20 in 180 days and expire on the earlier of the effective date
21 of regulations promulgated under paragraph (2) or July 1,
22 2007.
23 § 6713. Civil immunity.
24 Except for gross negligence, recklessness or intentional
25 misconduct, the Office of Victim Advocate, law enforcement
26 agencies and all agents, contractors and employees of the Office
27 of Victim Advocate or a law enforcement agency shall be immune
28 from civil liability in any action arising in connection with
29 this chapter.
30 Section 3. Sections 1103.1(a), 1132.1(a), 1305(a) and (d)
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1 and 1510(a) of Title 75 are amended to read:
2 § 1103.1. Application for certificate of title.
3 (a) Contents of application.--Application for a certificate
4 of title shall be made upon a form prescribed and furnished by
5 the department and shall contain a full description of the
6 vehicle, the vehicle identification number, odometer reading,
7 date of purchase, the actual or bona fide name and address of
8 the owner, a statement of the title of applicant, together with
9 any other information or documents the department requires to
10 identify the vehicle and to enable the department to determine
11 whether the owner is entitled to a certificate of title, and the
12 description of any security interests in the vehicle. Program
13 participants in the Address Confidentiality Program under 23
14 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim
15 address confidentiality) may use a substitute address designated
16 by the Office of Victim Advocate as their address.
17 * * *
18 § 1132.1. Perfection of a security interest in a vehicle.
19 (a) Perfection.--A security interest in a vehicle titled in
20 this Commonwealth is perfected at the time the department
21 receives all of the following:
22 (1) A completed application specifying the lienholder's
23 name and address. Program participants in the Address
24 Confidentiality Program under 23 Pa.C.S. Ch. 67 (relating to
25 domestic and sexual violence victim address confidentiality)
26 may use a substitute address designated by the Office of
27 Victim Advocate as their address.
28 (2) An amount equal to or greater than the fee required
29 by section 1953 (relating to security interest).
30 (3) The manufacturer's statement of origin or the
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1 existing certificate of title for the vehicle.
2 * * *
3 § 1305. Application for registration.
4 (a) General rule.--Application for the registration of a
5 vehicle shall be made to the department upon the appropriate
6 form or forms furnished by the department. The application shall
7 contain the full name and address of the owner or owners; the
8 make, model, year and vehicle identification number of the
9 vehicle; and such other information as the department may
10 require. Program participants in the Address Confidentiality
11 Program under 23 Pa.C.S. Ch. 67 (relating to domestic and sexual
12 violence victim address confidentiality) may use a substitute
13 address designated by the Office of Victim Advocate as their
14 address. Applicants for registration of a truck, truck tractor,
15 trailer or bus shall provide the vehicle's Gross Vehicle Weight
16 Rating (GVWR), or the Gross Combination Weight Rating (GCWR), as
17 applicable. If the manufacturer's ratings are not available, the
18 applicant shall provide sufficient information as to the
19 horsepower, braking capacity and such other data as necessary
20 for the department to determine an equivalent measure of the
21 vehicle's hauling and stopping capability. If the applicant
22 wishes to register a vehicle at a registered gross weight less
23 than the gross vehicle weight rating, the application shall
24 include information as to weight, load and any other such
25 information as the department may require. The application shall
26 be accompanied by self-certification of financial responsibility
27 and the applicable fee.
28 * * *
29 (d) Self-certification of financial responsibility.--In
30 addition to the other requirements to registration, the
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1 applicant shall file a self-certification of financial
2 responsibility which shall include:
3 (1) The complete name, address and telephone number of
4 the applicant. Program participants in the Address
5 Confidentiality Program under 23 Pa.C.S. Ch. 67 may use a
6 substitute address designated by the Office of Victim
7 Advocate as their address.
8 (2) The name of the insurance company which is insuring
9 the subject vehicle.
10 (3) The policy number, effective date and expiration
11 date of the policy of insurance insuring the vehicle.
12 § 1510. Issuance and content of driver's license.
13 (a) General rule.--The department shall, upon payment of the
14 required fee, issue to every qualified applicant a driver's
15 license indicating the type or general class of vehicles the
16 licensee is authorized to drive and any endorsements or
17 restrictions, which license shall contain a distinguishing
18 number assigned by the department to the licensee, the actual
19 name, date of birth, residence address, a color photograph or
20 photographic facsimile of the licensee, such other information
21 as may be required by the department, and either a facsimile of
22 the signature of the licensee or a space upon which the licensee
23 shall write his usual signature with pen and ink. Program
24 participants in the Address Confidentiality Program under 23
25 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim
26 address confidentiality) may use a substitute address designated
27 by the Office of Victim Advocate as their address. Personal
28 medical data and other information for use in an emergency may
29 be included as a part of the license. Information other than
30 that required to identify the licensee, the distinguishing
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1 number and the class of license issued may be included in
2 microdata form. Except as provided in subsection (f), an
3 applicant shall include his Social Security number on his
4 license application, but the Social Security number shall not be
5 included on the license. No driver's license shall be valid
6 until it has been signed by the licensee.
7 * * *
8 Section 4. This act shall take effect in 180 days.
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