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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=21164
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: December 7, 2016 12:57 PM
From: Representative Dan L. Miller and Rep. Rick Saccone
To: All House members
Subject: Re-Introduction: Removing Federally Mandated License Suspension (former HR 1033)
 
­­­­­In the near future, we plan to re-introduce a concurrent resolution to remove the federally mandated drivers’ license suspension for individuals who are convicted for a drug offense.

In 1992, Congress amended the Federal Highway Apportionment Act to withhold a portion of federal highway funds from any state that failed to adopt their license suspension/revocation law concerning people convicted of drug offenses. The federal law requires a suspension or revocation of at least six months.

Now, as states have recognized the difficulty that many people on supervised release have in actually getting to treatment, continuing to work, or keeping up with child visitations, over 30 states have opted-out of the federal mandate.

This mandate prohibits our state from providing flexibility to courts that assist in recovery and rehabilitation goals while also balancing public safety concerns. Many of our drug-related suspensions do not even involve the operation of a vehicle and clearly each individual found in possession of a narcotic has different treatment needs and individual goals that, if met, can reduce recidivism and improve lives.

Fortunately, federal law does provide a process for states to be relieved of this mandate without risking the loss of federal highway funds. Our concurrent resolution begins that process, which when passed by the General Assembly would encourage the Governor to send it along with written certification to the Secretary of the Department of Transportation reflecting our shared opposition to the federal mandate and our belief that Pennsylvania can govern itself effectively on this issue.

We hope you will join us in taking the first step to providing more tools to assist in recovery and rehabilitation.

Previous co-sponsors include: BARRAR, V. BROWN, SAYLOR, ROZZI, DeLISSIO, BULLOCK, DIAMOND, NEILSON and SCHWEYER.

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Introduced as HR76