PRIOR PRINTER'S NO. 1520

PRINTER'S NO.  2040

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1134

Session of

2009

  

  

INTRODUCED BY O'PAKE, COSTA, GREENLEAF, FERLO, FONTANA, ARGALL, WILLIAMS, M. WHITE, TARTAGLIONE, WARD, EARLL AND FARNESE, NOVEMBER 25, 2009

  

  

SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 8, 2010   

  

  

  

AN ACT

  

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Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

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act relating to the public school system, including certain

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provisions applicable as well to private and parochial

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schools; amending, revising, consolidating and changing the

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laws relating thereto," further providing for suspension of

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operating privilege.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1338.1 of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949, added

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November 17, 1995 (1st Sp.Sess, P.L.1110, No.29), is amended to

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read:

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Section 1338.1.  Suspension of Operating Privilege.--(a)  (1) 

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The Department of Transportation shall suspend for 90 days the

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operating privilege of any child upon receiving a certified

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record that the child was convicted of violating section 1333.

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If the department receives a second or subsequent conviction for

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a child's violation of section 1333, the department shall

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suspend the child's operating privilege for six months.

 


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(2)  Operating privileges shall be restored by the Department

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of Transportation prior to the expiration of the period of

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suspension upon receiving a supplemental certified record from

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the court that the individual has completed high school,

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obtained a general educational development (GED) diploma or

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performed a minimum of fifty (50) hours of community service at

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an educational institution for each unserved period of

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suspension and satisfied all costs and fees assessed by the

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court in the case.

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(2)  The Department of Transportation shall restore operating

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privileges prior to expiration of the period of suspension when

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an individual otherwise eligible for restoration provides such

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proof as the Department of Transportation may require that all

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related fines and court costs have been paid and that the

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individual has completed high school, obtained a general

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educational development (GED) diploma or attained twenty-one

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(21) years of age.

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(b)  Any child whose record is received by the department

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under section 1333(c) and who does not have a driver's license

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shall be ineligible to apply for a driver's license under 75

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Pa.C.S. §§ 1505 (relating to learners' permits) and 1507

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(relating to application for driver's license or learner's

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permit by minor) for the time periods specified in subsection

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(a). If the child is under sixteen (16) years of age when

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convicted, suspension of operating privileges shall commence in

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accordance with 75 Pa.C.S. § 1541 (relating to period of

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revocation or suspension of operating privilege) for the time

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specified in subsection (a).

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(c)  An insurer may not increase premiums, impose any

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surcharge or rate penalty or make any driver record point

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assignment for automobile insurance, nor shall an insurer cancel

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or refuse to renew an automobile insurance policy on account of

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a suspension under this section.

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Section 2.  This act shall take effect in 60 days.

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