PRINTER'S NO. 1318
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1032
Session of
2024
INTRODUCED BY FLYNN, FONTANA AND COSTA, JANUARY 8, 2024
REFERRED TO TRANSPORTATION, JANUARY 8, 2024
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in licensing of drivers, further providing for
issuance and content of driver's license and for carrying and
exhibiting driver's license on demand; and, in fees, further
providing for driver's license and learner's permit.
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.
"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
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
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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
issued.
* * *
"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.
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* * *
"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 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. 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
system and holds a physical identification card issued under
this title. 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.
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(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
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) Electronic driver's license and electronic
identification card verification system.--
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(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
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) Medical-related indicator.--
(1) The department shall include a medical-related
indicator, designed by the department, on an electronic
product upon application by an individual. The application
shall include:
(i) A self-attestation that the individual:
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(A) has a medical condition that could affect
communication or account for a medical emergency;
(B) is deaf or has a hearing impairment; or
(C) has a developmental disability.
(ii) A statement from the individual that the
individual has voluntarily provided the self-attestation
and other information verifying the individual's
condition.
(iii) For an individual under 18 years of age, the
signature of the individual's parent, legal guardian,
person in loco parentis or spouse who is at least 18
years of age.
(iv) Additional documentation required by the
department.
(2) A medical-related indicator shall only be accessed
by law enforcement or emergency personnel during an
interaction with law enforcement or in response to an
accident or emergency situation. Information contained in a
medical-related indicator shall be kept confidential by law
enforcement and emergency personnel. The inclusion of a
medical-related indicator shall not be construed as a blanket
waiver to an individual's right to privacy.
Section 3. 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] either an
electronic driver's license or 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
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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
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 4. Section 1951 of Title 75 is amended by adding a
subsection to read:
§ 1951. Driver's license and learner's permit.
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* * *
(e) Electronic product.--The amount of the fee for an
electronic product shall be set by the department, and the fee
shall be paid in addition to the other fees imposed in this
section.
Section 5. This act shall take effect in 15 months.
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