PRINTER'S NO. 1543
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1326
Session of
2019
INTRODUCED BY TOOHIL, KAUFER, McNEILL, MURT, BURGOS, BERNSTINE,
DiGIROLAMO, WHEATLEY, T. DAVIS, EVERETT, BULLOCK, GREGORY AND
HOWARD, APRIL 25, 2019
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 25, 2019
AN ACT
Establishing the Keys to Independence Pilot Program.
The General Assembly of the Commonwealth of Pennsylvania
finds and declares as follows:
(1) The costs of driver education and licensure and
other costs incidental to licensure and motor vehicle
insurance for an individual in out-of-home care are an
additional barrier to engaging in normal age-appropriate
activities and gaining independence and may limit
opportunities for obtaining employment and completing
educational goals.
(2) Completion of an approved driver education course is
necessary to develop safe driving skills.
(3) Learning how to drive is an important milestone for
young adults, and youths in the child welfare system should
have access to the same types of opportunities and
experiences as their peers who are not in the child welfare
system.
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(4) A program should be established to provide youths in
the child welfare system the opportunity to obtain a driver's
license by dedicating resources and eliminating barriers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Keys to
Independence Pilot Program Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Human Services of the
Commonwealth.
"Program." The Keys to Independence Pilot Program
established under section 3 of this act.
Section 3. Keys to Independence Pilot Program.
(a) Establishment.--The Keys to Independence Pilot Program
is established within the department as a three-year pilot
program to pay the costs of driver education and licensure and
other costs incidental to licensure and motor vehicle insurance
for minors in out-of-home care who have obtained a driver's
license.
(b) State identification.--All fees associated with
obtaining a State identification card under 67 Pa. Code Ch. 91
(relating to identification cards) shall be waived for
individuals who are either:
(1) Between 14 and 21 years of age and are under the
care and responsibility of a child welfare agency.
(2) Aged out of the child welfare system and are 21
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years of age or younger.
(c) Funding.--
(1) The sum of $3,000,000 in nonrecurring funds is
allocated from the unspent child welfare funds from fiscal
year 2018-2019 to the department for the implementation of
the program in accordance with the following:
(i) The funds shall be administered as a grant.
(ii) Not more than $150,000 per year may cover the
costs of staff, travel and administration of the program.
(iii) The allocation shall be a one-time payment to
cover the costs of the three-year program.
(2) Funds may be used for the following:
(i) Costs relating to obtaining a driver's license,
including the following:
(A) Driver education.
(B) Licensure.
(C) Other costs incidental to licensure.
(D) Motor vehicle insurance incurred by the
youth or caregiver who adds the youth to the
caregiver's policy.
(ii) Costs relating to administration of the
program.
(d) Eligibility.--Individuals between 16 and 21 years of age
who are under the care and who are the responsibility of a child
welfare agency shall be eligible for the program.
Section 4. Contractual obligation.
An obligor may not assert a defense of infancy if the minor
is entering into an agreement to purchase motor vehicle
insurance in accordance with the following:
(1) The minor must:
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(i) Be 16 years of age or older.
(ii) Have been adjudicated dependent.
(iii) Be in the care and custody of a child welfare
agency.
(iv) Have completed a driver's education program
under this act.
(2) An obligor seeking to make and execute a document,
contract or agreement to obtain motor vehicle insurance must
have an order from a court of competent jurisdiction removing
the disability of infancy under this section.
(3) A juvenile court judge shall be authorized to remove
the defense of infancy under this paragraph in accordance
with 42 Pa.C.S. Ch. 63 (relating to juvenile matters).
Section 5. Data collection and reporting.
(a) Data collection.--The department shall collect the
following data on the number of youths who have received
assistance obtaining:
(1) A learner's permit.
(2) A driver's license.
(3) Driver's education.
(4) On-the-road driving time.
(5) Automobile insurance.
(b) Reporting.--The department shall submit an annual report
to the General Assembly containing the data collected under
subsection (a).
Section 6. Limitation on additional policies.
A county child welfare agency shall:
(1) Not impose on an individual in the child welfare
system additional requirements to receive a permit or
driver's license that exceed those required by law, including
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additional insurance coverage.
(2) Include in each contract with an agency that
provides care to an individual in the child welfare system a
provision that the agency is prohibited from imposing
additional requirements that exceed the legal requirements.
Section 7. Preferential enrollment.
Youths who are eligible for the program shall have
preferential enrollment in driver's education classes offered by
their local public school.
Section 8. Application for driver's license or learner's permit
by minor.
Minors in the child welfare system may obtain a driver's
license or learner's permit in accordance with the following:
(1) If the individual applying for a license or permit
is under the age of 18 and is under the care and
responsibility of a child welfare agency, the permit may be
signed by any of the following:
(i) The applicant's biological parent, legal
guardian, grandparent, adult sibling, aunt or uncle, if
the parental rights have not been terminated.
(ii) The foster parent or caregiver with whom the
applicant resides.
(iii) The designated employee of a child-care
institution or group home where the applicant resides.
(iv) The designated staff member of the public or
private child welfare agency providing case management
for the applicant.
(2) An individual who signs the license or permit under
paragraph (1) does not assume obligation nor become liable
for damages caused by the negligence or willful misconduct of
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the minor solely for signing the license or permit.
Section 9. Abrogation.
All regulations are abrogated to the extent of any
inconsistency with the provisions of this act.
Section 10. Repeal.
All acts and parts of acts are repealed insofar as they are
inconsistent with the provisions of this act.
Section 11. Effective date.
This act shall take effect in 60 days.
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