Regular Session 2019-2020 House Bill 2835 P.N. 4317

PRINTER'S NO. 4317

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2835

Session of

2020

INTRODUCED BY BURGOS, HOHENSTEIN, INNAMORATO, RABB, ISAACSON,

KENYATTA, PASHINSKI, KINSEY, HANBIDGE, MADDEN, HARRIS,

FIEDLER, HOWARD, SANCHEZ, D. MILLER, SCHLOSSBERG, DEASY AND

DELLOSO, SEPTEMBER 1, 2020

REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 1, 2020

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in licensing of drivers, further providing for

application for driver's license or learner's permit, for

issuance and content of driver's license and for expiration

and renewal of drivers' licenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1506(a) and (a.1) of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 1506. Application for driver's license or learner's permit.

(a) Form and content.--Every application for a learner's

permit or driver's license shall be made upon a form furnished

by the department and shall contain such information as the

department may require to determine the applicant's identity,

competency and eligibility. The form shall allow for submission

of a Social Security number or a taxpayer identification number.

The form may also provide for inclusion of personal medical

information and other information of use in an emergency.

[(a.1) Noncitizen application.--A person who is not a

citizen of the United States may apply for a Pennsylvania

driver's license upon establishing the person's lawful presence

in the United States and this Commonwealth. The department may

issue a license if the person will lawfully be in the United

States for a period of one year or more after the date of the

application or for a shorter period of time if deemed

appropriate by the department.]

* * *

Section 2. Section 1510(f) and (i) of Title 75 are amended

and the section is amended by adding a subsection to read:

§ 1510. Issuance and content of driver's license.

* * *

(f) Waiver.--Notwithstanding the provisions of subsection

(a), the department shall issue a driver's license to an

otherwise eligible person who has no Social Security number [if

the person submits a waiver obtained from the Federal Government

permitting him not to have a Social Security number.]. The

department may require other identifiers, including, but not

limited to, a taxpayer identification number, before issuing the

license.

* * *

[(i) Issuance to noncitizens.--A license issued in

accordance with section 1506(a.1) (relating to application for

driver's license or learner's permit) may contain an indication

that the license was issued to the person who is not a citizen

of the United States and who has credentials or documents issued

by the Immigration and Naturalization Service or its successor.]

* * *

(k) Privacy and confidentiality for standard-issued driver's

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licenses and photo identification cards.--The following shall

apply:

(1) Any portion of a record retained by the department

in relation to a non-commercial driver's license, State

identification or learner's permit application or renewal

application that contains the photo image or identifies the

Social Security number, individual tax identification number,

telephone number, place of birth, country of origin, place of

employment, school or educational institution attended,

source of income, status as a recipient of public benefits,

customer identification number associated with a public

utilities account, medical information or disability

information of the holder of, or applicant for, the license

or permit is not a public record and may not be disclosed in

response to any request for records except:

(i) to the person who is the subject of the record;

(ii) where expressly required under 49 U.S.C. Ch.

303 (relating to national driver register); or

(iii) where necessary to comply with a lawful court

order, judicial warrant signed by a judge appointed under

Article III of the Constitution of the United States or

subpoena for individual records issued under the

Pennsylvania Rules of Criminal Procedure or the

Pennsylvania Rules of Civil Procedure. For the purposes

of this subparagraph, whenever a lawful court order,

judicial warrant or subpoena for individual records

properly issued under the Pennsylvania Rules of Criminal

Procedure or the Pennsylvania Rules of Civil Procedure is

presented to the commissioner, only those records,

documents or information specifically sought by the court

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order, warrant or subpoena may be disclosed.

(2) If records are disclosed in response to a judicial

warrant or law enforcement request, the department shall

notify the person who is the subject of the request and

provide the identity of the agency that made the request

within three days of receiving the request.

(3) The department and any agent or employee of the

department may not retain the documents or copies of

documents presented by applicants for non-commercial drivers'

licenses or learners' permits which do not meet Federal

standards for identification to prove age or identity except

for a limited period necessary to ensure the validity and

authenticity of the documents.

(4) Records related to non-commercial driver's licenses,

identification cards or learner's permits may only be

disclosed:

(i) at the request of the individual license or card

holder;

(ii) where necessary to comply with a lawful court

order, judicial warrant signed by a judge or subpoena for

individual records issued by the Pennsylvania Rules of

Criminal Procedure or the Pennsylvania Rules of Civil

Procedure; or

(iii) where specifically authorized by law.

(5) An agency that has access to or receives records

that include photographs, addresses, places of birth,

countries of origin and driving histories shall certify that

the agency will not use the records or information contained

in the records for any purpose other than the purposes

permitted under this subsection or disclose the records to

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any third party. In addition to any records required to be

kept under 18 U.S.C. § 2721(c) (relating to prohibition on

release and use of certain personal information from State

motor vehicle records), any agency certifying under this

paragraph shall keep for a period of five years records of

all uses and identifying each person or entity that received

department records or information from the certifying agency.

The records shall be maintained in a form and manner

prescribed by the department and shall be available for

inspection by the department upon its request.

(6) The following shall apply:

(i) A non-commercial driver's license or learner's

permit which does not meet Federal standards for

identification shall not be used as evidence of a

person's citizenship or immigration status and shall not

be the sole basis for investigating, arresting or

detaining a person.

(ii) The department may not inquire about the

citizenship or immigration status of any applicant for a

non-commercial driver's license or learner's permit which

does not meet Federal standards for identification.

Section 3. Section 1514(e) of Title 75 is amended to read:

§ 1514. Expiration and renewal of drivers' licenses.

* *

[(e) Noncitizen license expiration and renewal.--

(1) Except as otherwise provided, a license issued on

the basis of Immigration and Naturalization Service (INS)

credentials or documents shall expire on the date appearing

on the INS credentials or documents provided by the applicant

under section 1506(a.1) (relating to application for driver's

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license or learner's permit).

(2) If the expiration date of the INS credentials or

documents exceeds four years, the license shall expire one

day after the applicant's date of birth but not more than

four years from the date of issuance of the license.

(3) Upon presenting INS credentials or documents

indicating continued legal presence in the United States, the

person may apply for a renewal of the license.

(4) If a person has been granted permanent legal status

in the United States by the INS, the department may in its

discretion require the person to present his INS credentials

or documents for only the first license application or

renewal.

(5) License renewals issued under this subsection shall

be for the length of time as set forth in paragraph (1) or

(2).]

Section 4. This act shall take effect in 60 days.

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