PRINTER'S NO. 190
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
220
Session of
2019
INTRODUCED BY CRUZ, YOUNGBLOOD, KINSEY, SCHWEYER, SCHLOSSBERG,
STRUZZI, HILL-EVANS AND CALTAGIRONE, 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, further providing for
application for driver's license or learner's permit,
providing for issuance of driver's license or learner's
permit to undocumented resident; establishing the
Undocumented Resident Driver's License Services
Administration Fund; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1506 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 1506. Application for driver's license or learner's permit.
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(a.2) Undocumented resident application.--A person who has
resided in this Commonwealth for 90 days or more may apply for
an undocumented resident driver's license or learner's permit if
the person is ineligible to obtain a Social Security number and
unable to present documentation issued by the Federal Government
authorizing the person's lawful presence in the United States.
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Section 2. Title 75 is amended by adding a section to read:
§ 1510.1. Issuance of driver's license or learner's permit to
undocumented resident.
(a) Contents of application.--The application for an
undocumented resident driver's license or learner's permit under
section 1506(a.2) (relating to application for driver's license
or learner's permit) shall include the applicant's full name and
date of birth. The department shall require identification
verification, which shall include a valid unexpired passport
from the applicant's country of citizenship, an unexpired
consular identification document or a consular report of birth
abroad.
(b) Consular identification document.--A consular
identification document shall be accepted only for the purposes
of identification verification and shall not convey an
independent right to receive benefits outside of obtaining an
undocumented resident driver's license or learner's permit. The
department shall not accept a consular identification document
if the department reasonably believes that the consular
identification document is forged, fraudulent or altered or the
holder does not appear to be the same person on the consular
identification document. The consular identification document
shall contain all of the following:
(1) A physical description of the person, including sex,
height and eye color.
(2) The person's signature.
(3) Current residential address of the person. The
department shall require one of the following documents as
proof of the 90-day residency requirement for applicants
under section 1506(a.2):
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(i) Tax records.
(ii) Lease agreements.
(iii) Mortgage documents.
(iv) W-2 form.
(v) Current utility bills, including water, gas,
electric or cable bills.
(c) Issuance of consular identification documents.--The
issuance of a consular identification document shall comply with
all of the following:
(1) The foreign government issuing the consular
identification document shall require a person seeking a
consular identification document to obtain proof of
nationality, proof of identity and proof of residence in the
consular district.
(2) The foreign government shall include all of the
following security features in the consular identification
document:
(i) A unique identification number.
(ii) An optically variable feature, including a
hologram or color-shifting inks.
(iii) An ultraviolet image.
(iv) Encoded information.
(v) Machine readable technology.
(vi) Micro printing.
(vii) Secure laminate.
(viii) An integrated photograph and a signature.
(3) The consular identification document shall include
all of the following data:
(i) The name and address of the person to whom it is
issued.
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(ii) The date of issuance.
(iii) The date of expiration.
(iv) The name of the issuing consulate.
(v) An identification number.
(vi) An English translation of the data fields.
(4) The issuing consulate shall file with the department
the consular identification document and a certification
indicating compliance with procedures of this subsection.
(d) Scope of consular identification document.--A consular
identification document shall not be accepted as identification
for registering to vote or obtaining a driver's license or
learner's permit other than an undocumented resident driver's
license or learner's permit. A consular identification document
shall not establish or indicate lawful United States immigration
status or a foreign national's right to be in the United States
or remain in the United States.
(e) Proof of identity.--An undocumented resident driver's
license or learner's permit shall not be accepted as proof of
the holder's identity. The driver's license or permit shall
contain a notice on its face, in capitalized letters, stating
that the driver's license or learner's permit shall not be
accepted as proof of identity and shall be valid only if the
person is domiciled in this Commonwealth. Upon notice of a
change of address from a driver to an out-of-State address, the
department shall not renew the driver's license or learner's
permit of the person until the person reestablishes residency in
this Commonwealth as provided under section 1515(c)(2) (relating
to notice of change of name or address). An undocumented
resident driver's license or learner's permit shall not be used
for identification for voting or other purposes.
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(f) Liability insurance.--An undocumented resident driver's
license or learner's permit shall be invalid if the holder is
unable to provide proof of liability insurance as required by
Chapter 17 (relating to financial responsibility) upon the
request of a law enforcement officer, in which case the holder
commits a violation of Chapter 17.
(g) Issuance of license or permit.--An undocumented resident
driver's license or learner's permit shall be issued from a
central location after the department has verified the
information provided by the applicant.
(h) Fees.--An undocumented resident driver's license and
learner's permit fee plus the cost of the photograph required in
section 1510(a) (relating to issuance and content of driver's
license) shall be as provided in section 1951 (relating to
driver's license and learner's permit).
(i) Undocumented Resident Driver's License Services
Administration Fund.--There shall be established in the State
Treasury a special fund to be known as the Undocumented Resident
Driver's License Services Administration Fund. The fees
collected from issuing undocumented resident drivers' licenses
and learners' permits shall be deposited into the fund. The fees
shall, subject to appropriation, be used by the department for
costs related to issuing the drivers' licenses and learners'
permits and other operational costs, including personnel,
facilities, computer programming and data transmission.
(j) Regulations.--The following shall apply:
(1) The department shall adopt regulations necessary to
effectuate the provisions of this section, including the
procedure for issuing undocumented resident drivers' licenses
and learners' permits.
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(2) Except as otherwise provided in this title or
administrative rule, a person issued an undocumented resident
driver's license or learner's permit shall be subject to the
provisions of this title and regulations issued by the
secretary to the same extent as a person issued a driver's
license or learner's permit, including, but not limited to,
the examination requirements under section 1508 (relating to
examination of applicant for driver's license) and the
mandatory insurance requirements and penalties specified
under this title.
(k) Penalties.--A violation of this section shall result in
the penalties and disposition of fines as provided in Chapter 65
(relating to penalties and disposition of fines).
(l) Definition.--As used in this section, the term "consular
identification document" means an official identification card
issued by a foreign government for the purpose of identifying a
foreign national who is living outside of the foreign country.
Section 3. This act shall take effect in 60 days.
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