1Amend Bill, page 1, line 2, by inserting after "Statutes,"

2 in falsification and intimidation,

3Amend Bill, page 1, line 3, by striking out "and" where it
4occurs the first time and inserting

5; in general provisions, providing for the definition of 
6"ignition interlock limited license"; in licensing of 
7drivers, further providing for occupational limited license 
8and providing for ignition interlock limited license; in 
9driving after imbibing alcohol or utilizing drugs, further 
10providing for ignition interlock and for prior appeals; and, 
11in other required equipment, further providing

12Amend Bill, page 3, by inserting between lines 12 and 13

13Section 2. Section 102 of Title 75 is amended by adding a
14definition to read:

15§ 102. Definitions.

16Subject to additional definitions contained in subsequent
17provisions of this title which are applicable to specific
18provisions of this title, the following words and phrases when
19used in this title shall have, unless the context clearly
20indicates otherwise, the meanings given to them in this section:

21* * *

22"Ignition interlock limited license." A driver's license 
23issued to an individual whose operating privilege is suspended 
24or revoked for one or more violations of section 3802 (relating 
25to driving under influence of alcohol or controlled substance) 
26or 1547 (relating to chemical testing to determine amount of 
27alcohol or controlled substance) requiring the individual to 
28operate only motor vehicles equipped with a functioning ignition 
29interlock system.

30* * *

31Section 3. Section 1553(a)(1), (d)(6), (7) and (8), (d.1)
32and (d.2) of Title 75 are amended to read:

33§ 1553. Occupational limited license.

34(a) Issuance.--

35(1) The department shall issue an occupational limited
 

1license under the provisions of this section to a driver 
2whose operating privileges have been suspended for a 
3violation of this title, except for an offense under section 
43802 (relating to driving under influence of alcohol or 
5controlled substance) or under former section 3731 (relating 
6to driving under influence of alcohol or controlled 
7substance) or for a refusal to submit to chemical testing 
8under section 1547 (relating to chemical testing to determine 
9amount of alcohol or controlled substance), and is not 
10prohibited under any other provision in this section. If the 
11underlying reason for the suspension was caused by violations 
12committed while the driver was operating a commercial motor 
13vehicle, the driver shall not be issued an occupational 
14limited license for the purpose of operating a commercial 
15motor vehicle. The department shall prohibit the issuance of 
16an occupational limited license when disqualified from doing 
17so under the Commercial Motor Vehicle Safety Act of 1986 
18(Title XII of Public Law 99-570, 49 U.S.C. App. § 2701 et 
19seq.) or the Motor Carrier Safety Improvement Act of 1999 
20(Public Law 106-159, 113 Stat. 1748).

21* * *

22(d) Unauthorized issuance.--The department shall prohibit
23issuance of an occupational limited license to:

24* * *

25[(6) Any person who has been adjudicated delinquent,
26granted a consent decree or granted Accelerated
27Rehabilitative Disposition for driving under the influence of
28alcohol or controlled substance unless the suspension or
29revocation imposed for that conviction has been fully served.

30(7) Any person whose operating privilege has been
31suspended for refusal to submit to chemical testing to
32determine the amount of alcohol or controlled substance
33unless that suspension has been fully served.

34(8) Except as set forth in subsections (d.1) and (d.2),
35any person who has been convicted of driving under the
36influence of alcohol or controlled substance and whose
37license has been suspended by the department unless the
38suspension imposed has been fully served.]

39* * *

40[(d.1) Adjudication eligibility.--An individual who has been
41convicted of an offense under section 3802 (relating to driving
42under influence of alcohol or controlled substance) and does not
43have a prior offense as defined in section 3806(a) (relating to
44prior offenses) shall be eligible for an occupational limited
45license only if the individual has served 60 days of the
46suspension imposed for the offense.

47(d.2) Suspension eligibility.--

48(1) An individual whose license has been suspended for a
49period of 18 months under section 1547(b)(1)(ii) (relating to
50chemical testing to determine amount of alcohol or controlled
51substance) or 3804(e)(2)(ii) (relating to penalties) shall

1not be prohibited from obtaining an occupational limited
2license under this section if the individual:

3(i) is otherwise eligible for restoration;

4(ii) has served 12 months of the suspension imposed
5for the offense;

6(iii) has no more than one prior offense as defined
7in section 3806(b);

8(iv) only operates a motor vehicle equipped with an
9ignition interlock system as defined in section 3801
10(relating to definitions); and

11(v) has certified to the department under paragraph
12(3).

13(2) A period of ignition interlock accepted under this
14subsection shall not count towards the one-year mandatory
15period of ignition interlock imposed under section 3805
16(relating to ignition interlock).

17(3) If an individual seeks an occupational limited
18license under this subsection, the department shall require
19that each motor vehicle owned or registered to the person has
20been equipped with an ignition interlock system as defined in
21section 3801 as a condition of issuing an occupational
22limited license with an ignition interlock restriction.]

23* * *

24Section 4. Title 75 is amended by adding a section to read:

25§ 1556. Ignition interlock limited license.

26(a) Issuance.--

27(1) The department shall issue an ignition interlock
28limited license under this section to an individual whose
29operating privileges have been suspended for:

30(i) a violation under section 3802 (relating to
31driving under influence of alcohol or controlled
32substance) or under former section 3731 (relating to
33driving under influence of alcohol or controlled
34substance); or

35(ii) a refusal to submit to chemical testing 
36under section 1547 (relating to chemical testing to 
37determine amount of alcohol or controlled substance).

38(2) The department shall issue an ignition interlock
39limited license under the provisions of this section only
40upon receiving proof that each motor vehicle owned or to be
41operated by the individual has been equipped with an approved
42ignition interlock system as defined in section 3801
43(relating to definitions) as a condition of issuing an
44ignition interlock limited license.

45(3) An ignition interlock limited license issued under
46the provisions of this section permits an individual to
47operate motor vehicles equipped with a functioning ignition
48interlock system, as defined in section 3801.

49(4) Any period in which an individual holds a valid
50ignition interlock limited license under this section shall
51count on a day-for-day basis toward any mandatory period of

1ignition interlock use imposed under section 3805 (relating
2to ignition interlock) arising from the same incident.

3(b) Petition.--

4(1) An applicant for an ignition interlock limited 
5license shall file a petition with the department, by 
6certified mail, on a form prescribed by the department, and 
7shall include proof that an approved ignition interlock 
8system, as defined in section 3801, has been installed in one 
9or more motor vehicles that the applicant seeks permission to 
10operate.

11(2) The petition shall also include proof of financial
12responsibility covering each vehicle the applicant requests
13to be permitted to operate. The department shall promulgate
14regulations to require additional information as well as
15additional evidence to verify the information contained in
16the petition.

17(3) The applicant shall surrender the applicant's
18driver's license in accordance with section 1540 (relating to
19surrender of license). If the applicant's driver's license
20has been lost or stolen, the applicant shall submit an
21application for a replacement license, along with the proper
22fee. If the applicant is a nonresident licensed driver, the
23applicant shall submit an acknowledgment of suspension in
24lieu of a driver's license. If the applicant's license has
25expired, the applicant shall submit an application for
26renewal, along with the appropriate fee. All fines, costs and
27restoration fees must be paid at the time of petition.

28(4) Consistent with the provisions of this section, if 
29the applicant is qualified, the department shall issue an 
30ignition interlock limited license within 20 days of receipt 
31of the petition and all other requirements for issuance.

32(c) Fee.--The application fee for an ignition interlock 
33limited license shall be $50. This fee shall be nonrefundable.

34(d) Unauthorized issuance.--The department shall prohibit
35issuance of an ignition interlock limited license to:

36(1) Any individual who is not licensed to drive by the
37Commonwealth or any other state.

38(2) Any individual who is required by this title to take
39an examination and who has failed to take and pass the
40examination.

41(3) Any individual whose operating privilege has been
42recalled or canceled.

43(4) Any individual who has an unsatisfied judgment 
44against the individual as the result of a motor vehicle 
45operation, until the judgment has been satisfied under the 
46provisions of section 1774 (relating to payments sufficient 
47to satisfy judgments) or an installment agreement has been 
48entered into to satisfy the judgment, as permitted under 
49section 1772(b) (relating to suspension for nonpayment of 
50judgments) or 1775 (relating to installment payment of 
51judgments), and the financial responsibility of the person
 

1has been established.

2(5) Any individual applying for an ignition interlock
3limited license to operate a commercial motor vehicle.

4(6) Any individual if the department is disqualified
5from issuing the ignition interlock limited license under the
6Commercial Motor Vehicle Safety Act of 1986 (Title XII of
7Public Law 99-570, 49 U.S.C. app. § 2701 et seq.) or the
8Motor Carrier Safety Improvement Act of 1999 (Public Law 106-
9159, 113 Stat. 1748).

10(7) Any individual whose operating privilege has been 
11suspended under section 1532(a.1) (relating to suspension of 
12operating privilege) for conviction or adjudication of 
13delinquency based on a violation of section 3732 (relating to 
14homicide by vehicle) or 3735 (relating to homicide by vehicle 
15while driving under influence).

16(e) Adjudication eligibility.--An individual who has been
17convicted of an offense under section 3802 shall be eligible to
18apply for and, if otherwise qualified, be issued an ignition
19interlock limited license upon conviction.

20(f) Suspension eligibility.--The following shall apply:

21(1) An individual whose license has been suspended under
22section 1547(b) shall be eligible to apply for and, if
23otherwise qualified, be issued an ignition interlock limited
24license under this section if the individual:

25(i) has served six months of the suspension imposed
26under section 1547(b)(1)(i); or

27(ii) has served nine months of the suspension
28imposed under section 1547(b)(1)(ii).

29(2) An individual whose license has been suspended under
30section 3804(e) (relating to penalties) shall be eligible to
31apply for and, if otherwise qualified, be issued an ignition
32interlock limited license under this section if the
33individual:

34(i) has not had a prior offense, as defined under
35section 3806(a) (relating to prior offenses), within the
36past ten years. The individual shall be immediately
37eligible for a suspension imposed under section 3804(e)
38(2)(i);

39(ii) has served six months of the suspension imposed
40under section 3804(e)(2)(i); or

41(iii) has served nine months of the suspension
42imposed under section 3804(e)(2)(ii).

43(g) Credit against mandatory ignition interlock
44requirement.--Any period during which an individual holds a
45valid ignition interlock limited license under subsection (e) or
46(f) shall count on a day-for-day basis toward the mandatory
47period of ignition interlock usage imposed under the applicable
48subparagraphs of section 3805(b)(2) arising from the same
49incident.

50(h) Certification to the department.--If an individual 
51applies for an ignition interlock limited license under this
 

1section, the department shall require that one or more motor 
2vehicles owned or to be operated by the individual be equipped 
3with a functioning ignition interlock system, as defined in 
4section 3801, as a condition of issuing an ignition interlock 
5limited license with an ignition interlock restriction.

6(i) Offenses committed during a period for which an ignition
7interlock limited license has been issued.--If the department
8receives a report of conviction of an offense for which the
9penalty is a cancellation, disqualification, recall, suspension
10or revocation of operating privileges or a report under section
113815(c)(4) (relating to mandatory sentencing) for any individual
12who has been issued an ignition interlock limited license, the
13department, at its sole discretion, shall either:

14(1) extend the term of the ignition interlock limited
15license for up to the original term for which the driver's
16license was suspended or revoked; or

17(2) recall the ignition interlock limited license and
18the individual shall surrender the limited license to the
19department or its agents designated under the authority of
20section 1540.

21(j) Restrictions.--

22(1) Pursuant to subsection (a)(2), an individual who has 
23been issued an ignition interlock limited license shall 
24operate only motor vehicles equipped with a functioning 
25ignition interlock system, as defined in section 3801.

26(2) Except as provided under section 3808(a) (relating
27to illegally operating a motor vehicle not equipped with
28ignition interlock), any individual who violates the
29conditions of issuance or restrictions of the ignition
30interlock limited license commits a summary offense and
31shall, upon conviction, be sentenced to pay a fine of $200;
32and, upon receipt of a certified record of conviction, the
33department shall recall the limited license.

34(3) The operating privileges of an individual who has 
35been issued an ignition interlock limited license remain 
36under suspension or revocation, except when operating a motor 
37vehicle in accordance with the conditions of issuance and 
38restrictions of the ignition interlock limited license.

39(k) Appeal from denial or recall of ignition interlock
40limited license.--

41(1) Any individual who is denied an ignition interlock
42limited license or whose ignition interlock limited license
43is extended or recalled under subsection (i) may file with
44the department a petition for a hearing. The hearing shall be
45conducted in accordance with 2 Pa.C.S. (relating to
46administrative law and procedure).

47(2) The department may charge a reasonable fee based on
48the cost to the department for conducting the hearing.

49(3) The appeal shall not operate as an automatic
50supersedeas. If an administrative hearing officer orders a
51supersedeas in any appeal, the individual shall earn no

1credit toward serving the suspension for which the individual
2was granted an ignition interlock limited license.

3(4) An appeal from a decision of an administrative
4hearing officer may be taken in the manner provided in 42
5Pa.C.S. § 763(a) (relating to direct appeals from government
6agencies).

7(5) Appeals under this subsection are exempt from the
8provisions of section 1550(b) (relating to judicial review)
9and from the provisions of 42 Pa.C.S. § 933 (relating to
10appeals from government agencies).

11Section 5. Section 3805(a), (b) and (c) of Title 75 are 
12amended and the section is amended by adding a subsection to 
13read:

14§ 3805. Ignition interlock.

15(a) General rule.--If a person violates section 3802
16(relating to driving under influence of alcohol or controlled
17substance) [and, within the past ten years, has a prior offense
18as defined in section 3806(a) (relating to prior offenses)], 
19except for a violation of section 3802(a) where the person is 
20subject to the penalties provided under section 3804(a) 
21(relating to penalties) and the person has not had a prior 
22offense, as defined under section 3806(a) (relating to prior 
23offenses), within the past ten years, or has had their operating 
24privileges suspended pursuant to section [1547(b.1)] 1547 
25(relating to chemical testing to determine amount of alcohol or 
26controlled substance) or 3808(c) (relating to illegally 
27operating a motor vehicle not equipped with ignition interlock) 
28and the person seeks a restoration of operating privileges, the 
29department shall require as a condition of issuing a restricted 
30license pursuant to this section that the following occur:

31(1) Each motor vehicle owned or to be operated by the
32person [or registered to the person] has been equipped with
33an ignition interlock system and remains so for the duration
34of the restricted license period.

35(2) If there are no motor vehicles owned or to be 
36operated by the person or registered to the person that the
37person so certify to the department. [A person so certifying
38shall be deemed to have satisfied the requirement that all
39motor vehicles owned by the person or registered to the
40person be equipped with an ignition interlock system as
41required by this subsection.]

42(b) Application for a restricted license.--A person subject
43to this section shall apply to the department for an ignition
44interlock restricted license under section 1951 (relating to
45driver's license and learner's permit), which shall be clearly
46marked to restrict the person to only driving, operating or
47being in actual physical control of the movement of motor
48vehicles equipped with an ignition interlock system. Upon
49issuance of an ignition interlock restricted license to any
50person, the department shall notify the person that until the
51person obtains an unrestricted license the person may not [own,

1register,] drive, operate or be in actual physical control of
2the movement of any motor vehicle which is not equipped with an
3ignition interlock system.

4(c) Issuance of unrestricted license.--One year from the
5date of issuance of an ignition interlock restricted license
6under this section, if otherwise eligible, a person may be
7issued a replacement license under section 1951(d) that does not
8contain the ignition interlock system restriction. The 
9department shall not issue an unrestricted license until a 
10person has presented all of the following:

11(1)  Proof that the person has completed the ignition
12interlock restricted license period under this section.

13(2)  Certification by the company that provided the
14ignition interlock device that the person has complied with
15subsection (h.2).

16* * *

17(h.2)  Declaration of compliance.--Restrictions imposed under 
18section 1556 shall remain in effect until the department 
19receives a declaration from the person's ignition interlock 
20device vendor, in a form provided or approved by the department, 
21certifying that the following incidents have not occurred in the 
22two consecutive months prior to the date entered on the 
23certificate:

24(1)  An attempt to start the vehicle with a breath
25alcohol concentration of 0.08 or more, not followed within
26five minutes by a subsequent attempt with a breath alcohol
27concentration lower than 0.08.

28(2)  Failure to take or pass any required retest.

29(3)  Failure of the person to appear at the ignition
30interlock system vendor when required for maintenance,
31repair, calibration, monitoring, inspection or replacement of
32the device such that the ignition interlock system no longer
33functions as required under subsection (h).

34* * *

35Section 6. Sections 3806(b) and 3808(a) and (c)(1) of Title
3675 are amended to read:

37§ 3806. Prior offenses.

38* * *

39(b) Repeat offenses within ten years.--The calculation of
40prior offenses for purposes of sections [1553(d.2) (relating to
41occupational limited license)] 1556(f) (relating to ignition 
42interlock limited license), 3803 (relating to grading) and 3804
43(relating to penalties) shall include any conviction,
44adjudication of delinquency, juvenile consent decree, acceptance
45of Accelerated Rehabilitative Disposition or other form of
46preliminary disposition within the ten years before the present
47violation occurred for any of the following:

48(1) an offense under section 3802;

49(2) an offense under former section 3731;

50(3) an offense substantially similar to an offense under
51paragraph (1) or (2) in another jurisdiction; or

1(4) any combination of the offenses set forth in
2paragraph (1), (2) or (3).

3§ 3808. Illegally operating a motor vehicle not equipped with
4ignition interlock.

5(a) Offense defined.--

6(1) An individual required to only drive, operate or be
7in actual physical control of the movement of a motor vehicle
8equipped with an ignition interlock system under [section
91553(d.2) (relating to occupational limited license) or 3805
10(relating to ignition interlock)] any of the following who
11drives, operates or is in actual physical control of the
12movement of a motor vehicle within this Commonwealth without
13such a system commits a misdemeanor and shall, upon
14conviction, be sentenced to pay a fine of not less than $300
15and not more than $1,000 and to imprisonment for not more
16than 90 days[.]:

17(i) Section 1556(f) (relating to ignition interlock
18limited license).

19(ii) Section 3805 (relating to ignition interlock).

20(iii) A provision substantially similar to a
21provision under subparagraph (i) or (ii) in another
22jurisdiction.

23(2) An individual required to only drive, operate or be
24in actual physical control of the movement of a motor vehicle
25equipped with an ignition interlock system under [section
261553(d.2) or 3805] any of the following who drives, operates
27or is in actual physical control of the movement of a motor
28vehicle within this Commonwealth without such a system and
29who has an amount of alcohol by weight in his blood that is
30equal to or greater than 0.025% at the time of testing or who
31has in his blood any amount of a Schedule I or nonprescribed
32Schedule II or III controlled substance, as defined in the
33act of April 14, 1972 (P.L.233, No.64), known as The
34Controlled Substance, Drug, Device and Cosmetic Act, or its
35metabolite commits a misdemeanor of the third degree and
36shall, upon conviction, be sentenced to pay a fine of $1,000
37and to undergo imprisonment for a period of not less than 90
38days[.]:

39(i) Section 1556(f).

40(ii) Section 3805.

41(iii) A provision substantially similar to a
42provision under subparagraph (i) or (ii) in another
43jurisdiction.

44* * *

45(c) Suspension of operating privilege.--Notwithstanding
46section 3805(c) and (i):

47(1) If a person who is required to only drive, operate 
48or be in actual physical control of the movement of a motor 
49vehicle equipped with an ignition interlock system violates 
50this section, upon receipt of a certified record of the 
51conviction, the department shall not issue a replacement
 

1license to the person under section 1951(d) (relating to 
2driver's license and learner's permit) that does not contain 
3an ignition interlock restriction for a period of one year 
4from the date of conviction until the person has complied 
5with the requirements of section 3805 (relating to ignition 
6interlock).

7* * *

8Amend Bill, page 3, line 13, by striking out "2" and 
9inserting

10 7

11Amend Bill, page 4, line 22, by striking out all of said line
12and inserting

13Section 8. This act shall take effect as follows:

14(1) The addition of 75 Pa.C.S. § 4571(d.1) and (d.2)
15shall take effect in 60 days.

16(2) This section shall take effect immediately.

17(3) The remainder of this act shall take effect in 15
18months.