PRINTER'S NO. 3183
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2638
Session of
2022
INTRODUCED BY LAWRENCE, COOK, COX, GILLEN, HAMM, JONES, MIHALEK,
B. MILLER, PICKETT, ROWE, SMITH, C. WILLIAMS AND ZIMMERMAN,
JUNE 1, 2022
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 1, 2022
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in powers of department and local authorities,
providing for period for application review.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 6119.1. Period for application review.
(a) Application processing, recordkeeping and refund
requirements.--
(1) Subject to paragraphs (2) and (3), the department
shall process an application submitted by a person to the
department within 90 days of receipt of the application by
the department.
(2) Except as provided for in paragraph (3), if the
department does not approve a completed application from the
applicant within the time period required under paragraph
(1), the department shall refund any fee required to be
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accompanied by the application if the application is complete
and the department approves the completed application after
the time period required under paragraph (1).
(3) If the department denies an application because the
application is incomplete and requires additional information
or documentation, the department shall provide a written
notice to the applicant requesting additional information or
documentation from the applicant. The department shall,
within 30 days of receipt of the additional information or
documentation from the applicant, process the application
with the additional information or documentation. If a
completed application is approved after the 30 days required
by this paragraph, the department shall refund any fee
required to be accompanied by the application.
(4) The department shall maintain a record for an
application received by the department containing the
following information for no less than one year from the date
the department approves or denies the application:
(i) The date of receipt of the application.
(ii) The date of approval or denial of the
application.
(iii) If the application is denied, the reason for
the application denial.
(iv) If the application is denied because it is
incomplete and requires additional information or
documentation, the date the department sent the written
notice requesting the additional information or
documentation.
(v) If the applicant provides additional information
or documentation to the department after receiving a
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written notice, the date of receipt of the additional
information or documentation by the department and the
date of approval or denial of an application and reason
for denial of the application.
(5) An applicant may request, in writing, any of the
information required to be maintained by the department under
paragraph (4) relating to an applicant's application. Upon
receipt of the written request, the department shall provide
the information to the applicant at no cost within 30 days.
(6) An applicant who is eligible for a refund of a fee
under this section shall be refunded the fee amount within 30
days of the completed application being approved by the
department.
(7) For an application approved or denied by the
department, the department shall send a written notice to the
applicant regarding whether the department has complied with
the requirements of this section and whether the applicant is
eligible for a refund under this section.
(b) Applicability.--
(1) Subsection (a) shall apply to applications submitted
by persons to the department under Chapters 11 (relating to
certificate of title and security interests), 13 (relating to
registration of vehicles) and 15 (relating to licensing of
drivers).
(2) Subsection (a) shall not apply to applications
related to apportioned registrations.
(c) Construction.--A refund of an application fee under
subsection (a) shall not be construed to include a refund of a
tax owed to the Commonwealth.
(d) Appeal.--An applicant may appeal a denial of a refund by
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the department under this section in accordance with 2 Pa.C.S.
Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action).
(e) Report.--Beginning one year after the effective date of
this section, and each year thereafter, the department shall
prepare and submit a report to the chairperson and minority
chairperson of the Transportation Committee of the Senate and
the chairperson and minority chairperson of the Transportation
Committee of the House of Representatives containing all of the
following information for the previous 12-month period:
(1) The average processing time of applications
submitted to the department under Chapters 11, 13 and 15.
(2) The number of refunds provided to applicants.
(3) The average refund amount.
(4) The total amount of refunds.
(5) Other information at the discretion of the
department.
(f) Posting of information.--The department shall
conspicuously post on the department's publicly accessible
Internet website the following information:
(1) The eligibility of an applicant to receive a refund
for an application not timely processed by the department as
authorized by this section.
(2) The process for an applicant to request a refund as
authorized by this section.
(3) An explanation of an applicant's right to appeal a
denial of refund as authorized by subsection (d).
(4) The process through which an applicant may request
information regarding an application as authorized under
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subsection (a)(5).
Section 2. This act shall take effect in 60 days.
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