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PRINTER'S NO. 121
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
127
Session of
2019
INTRODUCED BY D. MILLER, BERNSTINE, SCHLOSSBERG, MACKENZIE,
NEILSON, SIMMONS, HILL-EVANS, KORTZ AND McCLINTON,
JANUARY 28, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 28, 2019
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, providing for digitized
driver's licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 15 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER E
DIGITIZED DRIVER'S LICENSES
Sec.
1591. Scope of subchapter.
1592. Purpose.
1593. Definitions.
1594. Mobile app.
1595. Validity of digitized driver's license.
1596. Effect of other electronic images.
1597. Effect on law enforcement.
1598. Fees.
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1599. Rules and regulations.
§ 1591. Scope of subchapter.
This subchapter relates to digitized driver's licenses, which
may be used in addition to the driver's licenses required under
this chapter.
§ 1592. Purpose.
The purpose of this subchapter is to provide an individual
with a driver's license issued by the Commonwealth the option of
downloading a digitized version of the driver's license of the
individual through a mobile app that the department would offer.
§ 1593. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Digitized driver's license." A data file available on a
mobile device that has connectivity to the Internet through an
application that:
(1) allows the mobile device to download the data file
from the department or an authorized representative of the
department;
(2) contains all the data elements visible on the face
and back of the driver's license of an individual; and
(3) displays the current status of the driver's license
of an individual, including, but not limited to, valid,
expired, canceled, suspended, revoked, disqualified, hardship
or interlock hardship status.
§ 1594. Mobile app.
The department shall offer to each individual with a driver's
license issued by the Commonwealth a mobile app capable of
downloading a digitized driver's license for the individual.
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§ 1595. Validity of digitized driver's license.
(a) General rule.--Except as otherwise provided in
subsection (b), a digitized driver's license shall serve the
same purpose and have the same effect as any other driver's
license under this chapter.
(b) Exception.--A digitized driver's license shall not
negate the obligation to have and carry a physical version of a
driver's license as specified under the other provisions of this
chapter. A digitized driver's license shall supplement and not
replace a physical version of a driver's license required under
the other provisions of this chapter.
§ 1596. Effect of other electronic images.
A digital copy, photograph or any other image of a driver's
license that is not downloaded as a digitized driver's license
shall not be valid for purposes of this chapter.
§ 1597. Effect on law enforcement.
(a) Citation.--If an individual is unable to produce a
physical version of the driver's license of the individual in
connection with a traffic stop or checkpoint, the individual may
present the individual's digitized driver's license to a law
enforcement officer. In such an instance, the law enforcement
officer may not issue a citation to the individual for driving a
motor vehicle without having the physical version of the
driver's license.
(b) Unlawful search.--The following shall apply in the
absence of a valid search warrant regarding an individual's
mobile device:
(1) The display of an individual's digitized driver's
license shall not be construed as consent or authorization by
the individual for a law enforcement officer or any other
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person to search, view or access any other data or
application on the individual's mobile device.
(2) If an individual presents a mobile device to a law
enforcement officer or other person for the purpose of
displaying the individual's digitized driver's license, the
law enforcement officer or other person shall promptly return
the mobile device to the individual immediately after the law
enforcement officer or other person has had the opportunity
to verify the identity or driver's license status of the
individual.
§ 1598. Fees.
The department shall prescribe a schedule of reasonable fees
for an individual to use the mobile app established under this
subchapter. The fees shall be designed to keep the mobile app
accessible and functioning and may include:
(1) A reasonable download fee.
(2) A reasonable fee when the driver's license of the
individual is renewed or when the information on the driver's
license of the individual is updated.
§ 1599. Rules and regulations.
The department shall promulgate rules and regulations
necessary to implement the provisions of this subchapter.
Section 2. This act shall take effect in 60 days.
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