PRINTER'S NO. 1346
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1247
Session of
2023
INTRODUCED BY D. MILLER, ISAACSON, GUENST, SANCHEZ, HILL-EVANS,
GIRAL, MADDEN, SCHLOSSBERG, KINSEY, HOHENSTEIN, DELLOSO,
CIRESI, CEPEDA-FREYTIZ AND CONKLIN, MAY 24, 2023
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 24, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in licensing of drivers, further providing for
issuance and content of driver's license and for carrying and
exhibiting driver's license on demand; and, in fees, further
providing for driver's license and learner's permit.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "driver's license" in section
102 of Title 75 of the Pennsylvania Consolidated Statutes is
amended and the section is amended by adding definitions to
read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
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"Data field." A discrete piece of information that is
printed or otherwise appears on a driver's license or
identification card issued under this title.
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"Driver's license." A license or permit to drive a motor
vehicle issued under this title. The term includes a physical
driver's license or an electronic driver's license.
* * *
"Electronic driver's license." An electronic representation
of a physical driver's license which is viewable on an
electronic product system.
"Electronic identification card." An electronic
representation of a physical identification card which is
viewable on an electronic product system.
"Electronic product." An electronic representation of a
physical driver's license or physical identification card which
is viewable on an electronic product system.
"Electronic product device." A computer, tablet, smart phone
or other electronic personal device used by an electronic
product holder to access or display an electronic product or
electronic proof of financial responsibility.
* * *
"Full profile." All the data included on a physical driver's
license or physical identification card regarding the holder of
the physical driver's license or physical identification card.
* * *
"Identification card." A physical identification card or
electronic identification card issued by the department under
this title that identifies the individual to whom the card was
issued.
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"Limited profile." An electronic representation created by
the department containing some, but not all, of the data fields
printed or otherwise displayed upon an individual's driver's
license or identification card issued under this title.
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"Physical driver's license." A driver's license issued under
this title in a physical format, such as paper or plastic, that
identifies the individual to whom the driver's license was
issued.
" Physical identification card." An identification card
issued under this title in a physical format, such as paper or
plastic, that identifies the individual to whom the
identification card was issued.
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"Product holder." An individual to whom a driver's license
or an identification card was issued under this title.
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"Third-party electronic product system." As follows:
(1) An electronic product system that is not maintained
by the department or by an agent acting on behalf of the
department.
(2) The term may include, without limitation, an
electronic wallet.
* * *
"Verification system." A computer system operated by the
department or a person authorized by the department that is used
to verify the authenticity and validity of electronic products
issued under this title.
"Verifier." A person that seeks to confirm information about
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an electronic product holder via the department's verification
system and the electronic product's data fields.
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Section 2. Section 1510 of Title 75 is amended by adding
subsections to read:
§ 1510. Issuance and content of driver's license.
* * *
(k) Electronic driver's license.--
(1) The department may issue an electronic driver's
license to an individual who has paid the annual access fee
to an electronic credential system and who holds a physical
driver's license issued under this title. The following
apply:
(i) The department may create an electronic product
system that the individual may access via an electronic
product device to display the individual's electronic
driver's license on the electronic product device.
(ii) The department may not issue an electronic
driver's license to an individual unless the individual
holds a valid physical driver's license.
(2) Only one electronic product may be issued to an
individual.
(3) The data fields in an electronic product shall match
the data fields held by the department for the product holder
at the time that the electronic product is issued. The
following apply:
(i) Changes and updates to data fields held by the
department shall be reflected in the data fields in the
electronic product.
(ii) Within 30 days of updating the records of
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individuals holding an electronic product, the department
shall update the data fields of the electronic products.
(iii) An electronic product device shall
periodically update with the department, not less than 30
days, the data fields on the individual's electronic
product device, to determine operating system and
application compliance and to update the data fields on
the electronic product.
(l) Electronic identification card.--The department may
issue an electronic identification card to an individual who has
paid the annual access fee to an electronic product system and
who holds a physical identification card issued under this
title. The following apply:
(1) The department may create an electronic product
system that the individual may access via an electronic
product device to display the individual's electronic
identification card on the electronic product device.
(2) The department may not issue an electronic
identification card to an individual unless the individual
holds a valid physical identification card.
(m) Regulations regarding electronic driver's licenses and
identification cards.--The department shall promulgate
regulations as necessary to issue and verify electronic products
issued under this title or by other government entities.
(n) Third-party electronic product systems.--
(1) The department may issue electronic products through
a third-party electronic product system.
(2) Prior to issuing electronic products through a
third-party electronic product system, the department shall
enter into an agreement with the owner of the third-party
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electronic product system to protect the confidentiality of
the information contained in records held by the department
or the data fields of electronic credentials as required by
this title.
(o) Verification system.--
(1) The department shall develop a verification system
that shall operate when the department issues electronic
products.
(2) An individual who is issued an electronic product
may give consent to a verifier to verify information about
the individual as product holder via the department's
verification system. The following apply:
(i) The product holder shall determine which data
fields shall be made available to the verifier via the
product holder's electronic product device.
(ii) The product holder has discretion to make
either a full profile, a limited profile or no data
fields available to the verifier.
(iii) If there is a discrepancy between the
information on an individual's physical driver's license
or physical identification card and the information in a
verification from the department via the verification
system, the information from the verification system is
to be considered the more accurate and current
information.
(3) The department may enter into agreements with other
government entities that issue electronic credentials to
allow for verification of those credentials through the
department's verification system.
(4) The department may enter into agreements with other
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governmental entities and jurisdictions that operate a
similar verification system for the purpose of verifying
electronic products issued under this title.
(p) Medical-related indicator.--
(1) The department shall include a medical-related
indicator, designed by the department, on an electronic
product upon application by an individual. The application
shall include:
(i) A self-attestation that the individual:
(A) has a medical condition that could affect
communication or account for a medical emergency;
(B) is deaf or has a hearing impairment; or
(C) has a developmental disability.
(ii) A statement from the individual that the
individual has voluntarily provided the self-attestation
and other information verifying the individual's
condition.
(iii) For individuals under 18 years of age, the
signature of a parent, legal guardian, person in loco
parentis or spouse who is 18 years of age or older.
(iv) Any additional documentation required by the
department.
(2) A medical-related indicator shall only be accessed
by law enforcement or emergency personnel during an
interaction with law enforcement or in response to an
accident or emergency situation. The following apply:
(i) Information contained in a medical-related
indicator shall be kept confidential by law enforcement
and emergency personnel.
(ii) The inclusion of a medical-related indicator
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shall not be construed as a blanket waiver to an
individual's right to privacy.
Section 3. Section 1511 of Title 75 is amended to read:
§ 1511. Carrying and exhibiting driver's license on demand.
(a) General rule.--Every licensee shall possess a physical
driver's license issued to the licensee at all times when
driving a motor vehicle and shall exhibit the physical driver's
license or an electronic driver's license upon demand by a
police officer, and when requested by the police officer the
licensee shall write the licensee's name in the presence of the
officer in order to provide identity.
(b) Production to avoid penalty.--No person shall be
convicted of violating this section or section 1501(a) (relating
to drivers required to be licensed) if the person:
(1) produces at the headquarters of the police officer
who demanded to see the person's license, within 15 days of
the demand, a driver's license valid in this Commonwealth at
the time of the demand; or
(2) if a citation has been filed, produces at the office
of the issuing authority, within 15 days of the filing of the
citation, a driver's license valid in this Commonwealth on
the date of the citation.
(c) No requirement to surrender electronic product device.--
A statute or regulation that requires an individual to surrender
a driver's license or identification card to law enforcement
does not apply to an electronic product device.
(d) Privacy of information on electronic product device.--If
a licensee exhibits an electronic driver's license upon demand
by a police officer under this section, the police officer may
review only the full profile of the product holder's electronic
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driver's license via the electronic product device. If the
police officer inadvertently reviews information on the
electronic product device in addition to the licensee's full
profile, that information may not be used as evidence in any
civil or criminal action.
Section 4. Section 1951 of Title 75 is amended by adding a
subsection to read:
§ 1951. Driver's license and learner's permit.
* * *
(e) Electronic product.--The fee for an electronic product
shall be $5 and shall be paid in addition to the other fees
imposed in this section.
Section 5. This act shall take effect in 15 months.
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