A05048
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2428
Session of
2024
INTRODUCED BY NEILSON, JUNE 20, 2024
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 20, 2024
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in registration of vehicles, further providing
for registration card to be signed and exhibited on demand;
and, in licensing of drivers, further providing for issuance
and content of driver's license and for carrying and
exhibiting driver's license on demand.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "driver's license" in section
102 of Title 75 of the Pennsylvania Consolidated Statutes is
amended and the section is amended by adding definitions to
read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Data field." A discrete piece of information that is
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printed or otherwise appears on a product.
* * *
"Driver's license." A license or permit, including a
physical or electronic driver's license, issued by the
department under this title to drive a motor vehicle [issued
under this title].
* * *
"Electronic driver's license." An electronic representation
of a physical driver's license or identification card that is
viewable on an electronic product system. An electronic driver's
license shall be considered the same as a physical driver's
license issued by the department except as follows:
(1) Under section 1511 (relating to carrying and
exhibiting driver's license on demand).
(2) Under the act of June 3, 1937 (P.L.1333, No.320),
known as the Pennsylvania Election Code.
"Electronic identification card." An electronic
representation of a physical identification card that is
viewable on an electronic product system.
"Electronic product." An electronic representation of a
physical driver's license or identification card that is
viewable on an electronic product system.
"Electronic product device." A computer, tablet, smart phone
or other electronic personal device used by an electronic
product holder to access or display an electronic product or
electronic proof of financial responsibility.
"Electronic product system." The processes, equipment,
programming and hardware that:
(1) is used to issue electronic products and to
administer the use of issued electronic products, including
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verification of the information contained in a product and
displaying a product holder's profile; and
(2) is designed to comply with the most recently
applicable standards of the American Association of Motor
Vehicle Administrators and International Organization for
Standardization for electronic products and electronic
product systems.
* * *
"Full profile." All the data included on a physical driver's
license or identification card regarding the holder of the
product.
* * *
"Identification card." A physical or electronic
identification card issued by the department under this title
that identifies the individual to whom the card was issued.
* * *
"Limited profile." An electronic representation created by
the department containing less than all of the data fields
printed or otherwise displayed on an individual's product.
* * *
"Physical driver's license." A product issued under this
title in a physical format, such as paper or plastic, that
identifies the individual to whom the card was issued.
"Physical identification card." A product issued under this
title in a physical format, such as paper or plastic, that
identifies the individual to whom the card was issued.
* * *
"Product." A driver's license or an identification card
issued under this title.
"Product holder." An individual to whom a product has been
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issued.
* * *
"REAL ID Act of 2005." The term shall mean the same as
defined under section 2 of the act of May 26, 2017 (P.L.6,
No.3), known as the Pennsylvania REAL ID Compliance Act .
* * *
"Third-party electronic product system." An electronic
product system that is not maintained by the department or an
agent acting on behalf of the department. The term includes,
without limitation, an electronic wallet.
* * *
"Verification system." A computer system operated by the
department, or a person authorized by the department, that is
used to verify the authenticity and validity of electronic
products issued under this title.
"Verifier." A person that seeks to confirm information about
an electronic product holder via the department's verification
system and the electronic product's data fields.
* * *
Section 2. Section 1311(b) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 1311. Registration card to be signed and exhibited on demand.
* * *
(b) Carrying and exhibiting card.--Every registration card
shall, at all times while the vehicle is being operated upon a
highway, be in the possession of the person driving or in
control of the vehicle or carried in the vehicle and shall be
exhibited upon demand of any police officer. Proof of
registration may be satisfied under this chapter by production
of a registration card in paper or electronic form.
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* * *
(d) Immunity.--If a registrant an operator chooses to
provide proof of registration or proof of financial
responsibility to be viewed in an electronic format on an
electronic device under section 1301 (relating to registration
and certificate of title required) or 1786 (relating to required
financial responsibility), a police officer administering this
subchapter in good faith shall be immune from any civil or
criminal liability which arises from the insured's choice,
including the inadvertent viewing of materials on the device
other than the proof of financial responsibility, inadvertent
deletion of information from the device, inadvertent
interception of a communication while in possession of the
device and breakage which occurs to the device.
Section 3. Section 1510 of Title 75 is amended by adding
subsections to read:
§ 1510. Issuance and content of driver's license.
* * *
(k) Electronic products.--The department may issue an
electronic product to an individual if the individual has paid
the access fee to an electronic product system and holds a
physical driver's license issued under this title which complies
with the REAL ID Act of 2005. The department may create an
electronic product system that a licensee may access via an
electronic device, including, but not limited to, a smart phone
or tablet, to display the licensee's electronic driver's license
on the device.
(l) Electronic identification card.--The department may
issue an electronic identification card to an individual if the
individual has paid the access fee to an electronic product
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system and holds a physical identification card issued under
this title which complies with the REAL ID Act of 2005. The
department may create an electronic product system that an
identification card holder may access via an electronic device,
including, but not limited to, a smart phone or tablet, to
display the electronic identification card on the device.
(m) Regulations regarding electronic driver's licenses and
electronic identification cards.--The department shall
promulgate regulations as necessary to issue and verify
electronic products issued by the department under this title or
by other government entities.
(n) Electronic products.--
(1) The department may issue only one electronic product
to an individual. The data fields in the electronic product
shall match the data fields held by the department for the
product holder at the time the electronic product is issued.
(2) Changes and updates to data fields held by the
department shall be reflected in the data fields in the
electronic product. The department shall update the data
fields of electronic products when the department updates the
records of holders of electronic products, but not later than
30 days of updating the records. An electronic product device
shall permit the update of the data fields of the electronic
product with the department periodically to determine the
operating system and application compliance and to update the
data fields on the electronic product.
(o) Third-party electronic product systems.--The department
may issue electronic products through an electronic product
system owned, operated or controlled by a third party. Prior to
issuing electronic products through a third-party electronic
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product system, the department must enter into an agreement with
the third party to protect the confidentiality of the
information contained in records held by the department or the
data fields of electronic credentials as required by this title.
(p) Messenger and agent services.--A messenger or agent
service authorized under Chapter 75 (relating to messenger
service) may require a physical driver's license or physical
identification card when transferring ownership of a vehicle or
when issuing a registration plate or temporary registration
plate if a form of identification is required under this title.
(p) (q) Electronic driver's license and electronic
identification card verification system.--
(1) The department shall develop a verification system
that operates when the department issues electronic products.
(2) An individual who is issued an electronic product
may give consent to a verifier to verify information about
the product holder via the department's verification system.
(3) The product holder shall determine which data fields
are available to the verifier via the product holder's
electronic product device. The product holder may make either
a full profile, a limited profile or no data fields available
to the verifier.
(4) If there is a discrepancy between the information on
an individual's physical driver's license or physical
identification card and the information in a verification
from the department via the verification system, the
information from the verification system shall be considered
the accurate and current information.
(5) The department may enter into agreements with other
government entities that issue electronic credentials to
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allow for verification of those credentials through the
department's verification system. The department may enter
into agreements with other government entities and
jurisdictions that operate a similar verification system for
the purpose of verifying electronic products issued under
this title.
(q) (r) Reports to General Assembly.--Reports to the General
Assembly shall be in accordance with the following:
(1) Within 120 days of the effective date of this
paragraph, the department shall present an initial report to
the individuals listed under paragraph (3) providing details
on estimated costs associated with the implementation and
maintenance of electronic driver's licenses and
identification cards. The report shall also include all
estimated initial and recurring costs to establish and
maintain a system which allows individuals to apply for an
electronic driver's license or identification card.
(2) Except for the year the initial report is presented,
the department shall submit an annual report to the
individuals listed under paragraph (3) no later than July 1
of each year, providing details on costs incurred by the
department under this section. At a minimum, the report shall
include:
(i) The cost to the department to issue electronic
driver's licenses and identification cards.
(ii) The total number of electronic driver's
licenses and identification cards applied for.
(iii) The total number of electronic driver's
licenses and identification cards issued.
(iv) Any available usage metrics.
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(3) The reports required under paragraphs (1) and (2)
shall be submitted to the following individuals:
(i) The President pro tempore of the Senate.
(ii) The Speaker of the House of Representatives.
(iii) The Majority Leader and the Minority Leader of
the Senate.
(iv) The Majority Leader and the Minority Leader of
the House of Representatives.
(v) The chairperson and minority chairperson of the
Transportation Committee of the Senate.
(vi) The chairperson and minority chairperson of the
Transportation Committee of the House of Representatives.
Section 4. Section 1511 of Title 75 is amended to read:
§ 1511. Carrying and exhibiting driver's license on demand.
(a) General rule.--Every licensee shall possess a physical
driver's license issued to the licensee at all times when
driving a motor vehicle and shall exhibit [the] a physical
driver's license upon demand by a police officer, and when
requested by the police officer the licensee shall write the
licensee's name in the presence of the officer in order to
provide identity.
(b) Production to avoid penalty.--No person shall be
convicted of violating this section or section 1501(a) (relating
to drivers required to be licensed) if the person:
(1) produces at the headquarters of the police officer
who demanded to see the person's license, within 15 days of
the demand, a driver's license valid in this Commonwealth at
the time of the demand; or
(2) if a citation has been filed, produces at the office
of the issuing authority, within 15 days of the filing of the
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citation, a driver's license valid in this Commonwealth on
the date of the citation.
(c) Surrender of electronic product device not required.--A
statute or regulation that requires an individual to surrender a
driver's license or identification card to law enforcement does
not apply to an electronic product device.
(d) Privacy of information on electronic product device.--
(1) If a licensee exhibits an electronic driver's
license upon demand by a police officer under this section,
the police officer may review only the full profile of the
product holder's electronic driver's license via the
electronic product device.
(2) If the police officer inadvertently reviews
information on the electronic product device in addition to
the licensee's full profile, the inadvertently reviewed
information may not be used as evidence in a civil or
criminal trial.
Section 5. This act shall take effect as follows:
(1) The amendment of 75 Pa.C.S. § 1311(b) shall take
effect in 12 months.
(2) The remainder of this act shall take effect
immediately.
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