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PRINTER'S NO. 196
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
226
Session of
2019
INTRODUCED BY KENYATTA, JANUARY 28, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 28, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support matters generally, further
providing for denial or suspension of licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4355(a), (d.1), (d.6) and (e) of Title 23
of the Pennsylvania Consolidated Statutes are amended to read:
§ 4355. Denial or suspension of licenses.
(a) General rule.--[Except as provided in subsection (d.1),
where] Where the domestic relations section or the department
has been unable to attach the income of an obligor and the
obligor owes support in an amount equal to or greater than three
months of the monthly support obligation or where an individual
has failed to comply with a visitation or partial custody order
pursuant to section [4346 (relating to contempt for
noncompliance with visitation or partial custody order)] 5323(g)
(relating to award of custody) or an individual has failed,
after appropriate notice, to comply with subpoenas or warrants
relating to paternity or child support proceedings, the court,
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the domestic relations section or the department shall issue an
order directing any licensing authority to:
(1) prohibit the issuance or renewal of a license of the
obligor or other individual; or
(2) require the suspension of the license of the obligor
or other individual.
* * *
[(d.1) Special procedures for operating privilege.--
(1) Where the domestic relations section or the
department has been unable to attach the income of an obligor
and the obligor owes support in an amount equal to or greater
than three months of the monthly support obligation or where
an individual has failed, after appropriate notice, to comply
with subpoenas or warrants relating to paternity or child
support proceedings, the court, the domestic relations
section or the department may issue an order directing the
Department of Transportation to:
(i) prohibit the issuance or renewal of a license of
the obligor or other individual; or
(ii) require the suspension of the license of the
obligor or other individual.
(2) Prior to the issuance of an order to suspend,
nonrenew or deny a license, the obligor or other individual
shall be given advance notice. The notice shall specify:
(i) The amount of arrears owed, if applicable.
(ii) How, when and where the notice can be
contested.
(iii) That the grounds for contesting the notice
shall be limited to mistakes of fact. Mistakes of fact
shall be limited to errors in the amount of arrears owed
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or mistaken identity of the obligor.
(iv) That an order to the Department of
Transportation to automatically suspend, nonrenew or deny
the license will occur in all cases 30 days after
issuance of the notice unless the arrearage is paid, a
periodic payment schedule is approved by the court or the
individual is excused from the failure to comply with the
warrant or subpoena.
(3) Any order issued to the Department of Transportation
pursuant to this section shall be issued as agreed upon by
the department and the Department of Transportation. The
order may be transmitted electronically or by other methods.
(4) Upon receipt of an order or directive from a court,
the domestic relations section or the department authorizing
the Department of Transportation to suspend the operating
privilege of an obligor or other individual, the Department
of Transportation shall immediately suspend the operating
privilege of that obligor or other individual. Upon receipt
of an order from the court or the domestic relations section
or a directive from the department authorizing the Department
of Transportation to restore the operating privilege of an
obligor or other individual, the Department of Transportation
shall immediately restore the operating privilege of that
obligor or other individual if the person complies with the
provisions of 75 Pa.C.S. § 1960 (relating to reinstatement of
operating privilege or vehicle registration).
(5) An insurer may not increase premiums, impose a
surcharge or rate penalty, make a driver record point
assignment for automobile insurance or cancel or refuse to
renew an automobile insurance policy on account of a
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suspension under this section.
(6) There shall be no right to appeal from a suspension
under this section pursuant to 75 Pa.C.S. § 1550 (relating to
judicial review). Subject to section 4377(c) (relating to
power to expedite support cases), the sole remedy shall be to
petition the court which entered the underlying support order
resulting in the suspension, revocation or refusal to issue
or renew the license.]
* * *
(d.6) Immunity.--The court, the domestic relations section,
the Department of [Public Welfare, the Department of
Transportation] Human Services, the Pennsylvania Game
Commission, the Pennsylvania Fish and Boat Commission or any
employee of any of these entities or any person appointed by the
Pennsylvania Game Commission or the Pennsylvania Fish and Boat
Commission to issue licenses and permits pursuant to the
applicable provisions of 30 Pa.C.S. (relating to fish) and 34
Pa.C.S. (relating to game) shall not be subject to civil or
criminal liability for carrying out their duties under this
section.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"License." A license, certificate, permit or other
authorization to[:
(1)] engage in a profession, trade or business in this
Commonwealth or a political subdivision or agency thereof[;
or
(2) operate a motor vehicle for personal or commercial
purposes].
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"Licensing authority." Any entity of the Commonwealth,
political subdivision or agency thereof which issues a license.
["Operating privilege." The privilege to apply for and
obtain a license to use as well as the privilege to use a
vehicle on a highway as authorized under Title 75 (relating to
vehicles).]
"Recreational license." A hunting or fishing license.
Section 2. This act shall take effect in 60 days.
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