PRINTER'S NO. 2299
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
80
Session of
2019
INTRODUCED BY WHEATLEY, A. DAVIS, HARRIS, BURGOS, KINSEY,
McCLINTON, DeLUCA AND HOWARD, JULY 16, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 16, 2019
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, providing for amnesty
program for traffic violations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 15 of Title 75 is amended by adding a
subchapter to read:
SUBCHAPTER E
AMNESTY PROGRAM FOR TRAFFIC VIOLATIONS
Sec.
1591. Definitions.
1592. Amnesty program.
1593. Program requirements.
1594. Regulations.
1595. Use of revenue.
1596. Proceedings relating to amnesty violations barred.
§ 1591. Definitions.
The following words and phrases when used in this subchapter
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Court." The court in which the original fine was imposed on
the individual who committed an eligible violation of this
title.
"Program." The amnesty program established under section
1592 (relating to amnesty program).
§ 1592. Amnesty program.
(a) Establishment.--The department, in consultation with the
Administrative Office of Pennsylvania Courts, shall establish a
driver's license amnesty program. The amnesty period shall begin
on the effective date of this section and end 12 months after
the effective date of this section.
(b) Purposes.--The program shall provide individuals the
opportunity to have their operating privileges restored upon
payment in full of any court-ordered obligations and upon
completing any suspension of operating privileges required for
the underlying violations.
(c) Duties.--The department, in consultation with the
Administrative Office of Pennsylvania Courts, shall:
(1) Make a reasonable effort to determine if an
individual owes court-ordered obligations which resulted in a
suspension of the individual's operating privileges under
section 1553(a) and (d) (relating to occupational limited
license).
(2) Notify the individual of court-ordered obligations.
(3) Provide information as to which court the individual
must make payment.
(4) Require the department to restore the operating
privileges of an individual upon satisfactorily meeting the
20190HB0080PN2299 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
requirements of the program.
(d) Eligibility.--An individual who participates in the
program shall not be eligible to participate in a comparable
amnesty program if one is subsequently established. The program
shall be available to an individual who meets the following
criteria:
(1) The individual's operating privileges have been
indefinitely suspended under section 1553(a) or (d) prior to
the effective date of this subsection.
(2) The individual's operating privileges have been
suspended for a conviction of section 1543(a) (relating to
driving while operating privilege is suspended or revoked)
resulting from an indefinite suspension under section 1553(a)
or (d) prior to the effective date of this section.
(3) The individual has served any operating privilege
suspension required by the underlying offense which resulted
in violation of section 1553(a) or (d).
(e) Prohibitions.--The following shall apply:
(1) An individual shall be prohibited from receiving
amnesty for convictions for violations committed after the
effective date of this subsection.
(2) Any payment regarding a fine, fee or penalty that
was made prior to the effective date of this subsection shall
be ineligible for a refund under this subchapter.
(f) Reinstatement.--The department shall not be required to
reinstate the operating privilege of an individual under this
subchapter if the department is authorized under this title to
suspend the operating privilege of the individual for other
violations of this title.
(g) Compliance.--The department shall not be required to
20190HB0080PN2299 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
restore the operating privilege of an individual under this
subchapter until the individual has complied with section 1593
(relating to program requirements).
§ 1593. Program requirements.
(a) Form.--An individual who seeks to participate in the
program shall respond to the court pursuant to the instructions
in a restoration letter which shall be provided by the
department.
(b) Satisfaction of payments owed.--The individual is
required to pay 100% of the original penalty and any other
court-ordered obligations imposed under the applicable laws of
this Commonwealth.
(c) Requirements.--In addition to the requirements under
section 1960 (relating to reinstatement of operating privilege
or vehicle registration), an individual applying for the program
shall:
(1) attach to the petition a certified copy of the
drivers history; and
(2) perform one of the following:
(i) Pay all court-ordered obligations immediately or
in a single remittance.
(ii) If an individual is unable to pay all
obligations under subparagraph (i), the individual shall
either:
(A) pay in installments all court-ordered
obligations after a hearing conducted by the issuing
authority to determine the individual's ability to
pay and the issuance of an order providing for
installment payments; or
(B) notwithstanding 42 Pa.C.S. § 1520(a)
20190HB0080PN2299 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(relating to adjudication alternative program),
complete a court-ordered public service or other
adjudication alternative program under 42 Pa.C.S. §
1520(b).
(d) Proof of financial responsibility.--Notwithstanding
section 1783 (relating to proof of financial responsibility
before restoring operating privilege or registration), before
restoring operating privilege, the department shall require an
individual participating in the program to provide the
department with:
(1) proof of financial responsibility; or
(2) in the case of an individual who does not own a
motor vehicle currently registered in this Commonwealth, a
signed statement certifying that the individual does not own
a motor vehicle currently registered in this Commonwealth.
(e) Certification.--The court shall certify to the
department that an individual has satisfied the amounts owed
under the program and is eligible to have the individual's
operating privilege reinstated.
§ 1594. Regulations.
(a) Promulgation.--The department, in consultation with the
Administrative Office of Pennsylvania Courts, may promulgate
regulations to implement the provisions of this subchapter.
(b) Guidelines.--The department shall develop written
guidelines for the implementation of this subchapter. The
guidelines shall be in effect until the department promulgates
regulations for the implementation of the provisions of this
subchapter.
§ 1595. Use of revenue.
All revenue received by the court pursuant to the program
20190HB0080PN2299 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall be distributed in accordance with law.
§ 1596. Proceedings relating to amnesty violations barred.
Participation in the program is conditioned upon the
individual's agreement that the right to protest or pursue an
administrative or judicial proceeding against the department
with regard to violations listed on the amnesty request is
barred.
Section 2. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) The addition of 75 Pa.C.S. § 1594(b).
(ii) This section.
(2) The remainder of this act shall take effect in 180
days.
20190HB0080PN2299 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13