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| PRIOR PRINTER'S NO. 1520 | PRINTER'S NO. 2040 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY O'PAKE, COSTA, GREENLEAF, FERLO, FONTANA, ARGALL, WILLIAMS, M. WHITE, TARTAGLIONE, WARD, EARLL AND FARNESE, NOVEMBER 25, 2009 |
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| SENATOR PICCOLA, EDUCATION, AS AMENDED, JUNE 8, 2010 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for suspension of |
6 | operating privilege. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 1338.1 of the act of March 10, 1949 |
10 | (P.L.30, No.14), known as the Public School Code of 1949, added |
11 | November 17, 1995 (1st Sp.Sess, P.L.1110, No.29), is amended to |
12 | read: |
13 | Section 1338.1. Suspension of Operating Privilege.--(a) (1) |
14 | The Department of Transportation shall suspend for 90 days the |
15 | operating privilege of any child upon receiving a certified |
16 | record that the child was convicted of violating section 1333. |
17 | If the department receives a second or subsequent conviction for |
18 | a child's violation of section 1333, the department shall |
19 | suspend the child's operating privilege for six months. |
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1 | (2) Operating privileges shall be restored by the Department | <-- |
2 | of Transportation prior to the expiration of the period of |
3 | suspension upon receiving a supplemental certified record from |
4 | the court that the individual has completed high school, |
5 | obtained a general educational development (GED) diploma or |
6 | performed a minimum of fifty (50) hours of community service at |
7 | an educational institution for each unserved period of |
8 | suspension and satisfied all costs and fees assessed by the |
9 | court in the case. |
10 | (2) The Department of Transportation shall restore operating | <-- |
11 | privileges prior to expiration of the period of suspension when |
12 | an individual otherwise eligible for restoration provides such |
13 | proof as the Department of Transportation may require that all |
14 | related fines and court costs have been paid and that the |
15 | individual has completed high school, obtained a general |
16 | educational development (GED) diploma or attained twenty-one |
17 | (21) years of age. |
18 | (b) Any child whose record is received by the department |
19 | under section 1333(c) and who does not have a driver's license |
20 | shall be ineligible to apply for a driver's license under 75 |
21 | Pa.C.S. §§ 1505 (relating to learners' permits) and 1507 |
22 | (relating to application for driver's license or learner's |
23 | permit by minor) for the time periods specified in subsection |
24 | (a). If the child is under sixteen (16) years of age when |
25 | convicted, suspension of operating privileges shall commence in |
26 | accordance with 75 Pa.C.S. § 1541 (relating to period of |
27 | revocation or suspension of operating privilege) for the time |
28 | specified in subsection (a). |
29 | (c) An insurer may not increase premiums, impose any |
30 | surcharge or rate penalty or make any driver record point |
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1 | assignment for automobile insurance, nor shall an insurer cancel |
2 | or refuse to renew an automobile insurance policy on account of |
3 | a suspension under this section. |
4 | Section 2. This act shall take effect in 60 days. |
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