act-2004-0-188•Pennsylvania Act 2004-188 — DOMESTIC RELATIONS CODE (23 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2004-188 — DOMESTIC RELATIONS CODE (23 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-2004-0-1882004 Pa. Act 188Law
Act text
DOMESTIC RELATIONS CODE (23 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) -
OMNIBUS AMENDMENTS
Act of Nov. 30, 2004, P.L. 1474, No. 188 Cl. 23
Session of 2004
No. 2004-188
HB 1262
AN ACT
Amending Titles 23 (Domestic Relations) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, providing for application
for license; establishing a system to create and maintain
confidentiality of the addresses of victims of domestic
violence, sexual assault and stalking; providing for the
powers and duties of the Office of Victim Advocate; providing
for application for certificate of title, for perfection of a
security interest in a vehicle, for application for
registration and for issuance and content of driver's
license; and prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302 of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1302. Application for license.
(a) General rule.--No marriage license shall be issued
except upon written and verified application made by both of the
parties intending to marry.
(b) Contents.--The application shall contain the following:
(1) The full name of the applicants.
(2) The occupation, birthplace, residence and age of the
applicants. An applicant intending to marry who is a program
participant in the Address Confidentiality Program under
Chapter 67 (relating to domestic and sexual violence victim
address confidentiality) may use the substitute address
designated by the Office of Victim Advocate pursuant to
Chapter 67 as the address of their residence.
(3) Whether the marriage contemplated is the first,
second or other marriage of an applicant.
(4) A statement that neither of the applicants is
afflicted with transmissible disease.
(5) The full name, residence, occupation and birthplace
of the parents of each applicant, including the maiden name
of the mother of each applicant. An applicant may use the
substitute address designated by the Office of Victim
Advocate pursuant to Chapter 67 for a parent's residence if:
(i) the applicant is a program participant in the
Address Confidentiality Program under Chapter 67 and the
applicant resides with the applicant's parents; or
(ii) the applicant's parent is a program participant
in the Address Confidentiality Program under Chapter 67.
(6) Any other facts necessary to determine whether a
legal impediment to the proposed marriage exists.
Section 2. Title 23 is amended by adding a chapter to read:
CHAPTER 67
DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY
Sec.
6701. Short title of chapter.
6702. Definitions.
6703. Address Confidentiality Program.
6704. Persons eligible to apply.
6705. Application and certification process.
6706. Cancellation, expiration and voluntary withdrawal.
6707. Agency use of designated address.
6708. Disclosure of actual address.
6709. Waiver process.
6710. Emergency disclosure.
6711. Penalties.
6712. Rules and regulations.
6713. Civil immunity.
§ 6701. Short title of chapter.
This chapter shall be known and may be cited as the Domestic
and Sexual Violence Victim Address Confidentiality Act.
§ 6702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Actual address." A residential address, school address or
work address of an individual.
"Law enforcement agency." A police department of a city,
borough, incorporated town or township, the Pennsylvania State
Police, district attorneys' offices and the Office of Attorney
General.
"Office of Victim Advocate." The office established under
section 301 of the act of November 24, 1998 (P.L.882, No.111),
known as the Crime Victims Act, that is responsible for the
address confidentiality program pursuant to this chapter.
"Program participant." A person certified by the Office of
Victim Advocate as eligible to participate in the address
confidentiality program established by this chapter.
"Substitute address." The official address of the Office of
Victim Advocate or a confidential address designated by the
Office of Victim Advocate.
"Victim of domestic violence." A person who is a victim as
defined by section 6102 (relating to definitions).
"Victim of sexual assault." A victim of an offense
enumerated in 18 Pa.C.S. §§ 3121 (relating to rape), 4302
(relating to incest), 6312 (relating to sexual abuse of
children), 6318 (relating to unlawful contact with minor) and
6320 (relating to sexual exploitation of children).
"Victim of stalking." A victim of an offense enumerated in
18 Pa.C.S. § 2709.1 (relating to stalking).
§ 6703. Address Confidentiality Program.
(a) Establishment.--The Office of Victim Advocate shall
establish a program to be known as the Address Confidentiality
Program. Upon application and certification, persons eligible
under section 6704 (relating to persons eligible to apply) shall
receive a confidential substitute address provided by the Office
of Victim Advocate.
(b) Administration.--The Office of Victim Advocate shall
forward all first class, registered and certified mail at no
expense to a program participant within three business days. The
Office of Victim Advocate may arrange to receive and forward
other classes or kinds of mail at the program participant's
expense.
(c) Notice.--Upon certification, the Office of Victim
Advocate shall provide notice of participation and the program
participant's substitute address to appropriate officials
involved in an ongoing civil or criminal case in which a program
participant is a victim, witness, plaintiff or defendant.
(d) Records.--All records relating to applicants and program
participants are the property of the Office of Victim Advocate.
These records, including program applications, participants'
actual addresses and waiver proceedings, shall be kept
confidential and shall not be subject to the provisions of the
act of June 21, 1957 (P.L.390, No.212), referred to as the
Right-to-Know Law, except that records may be released as
specifically set forth in this chapter and to a district
attorney to the extent necessary for the prosecution of conduct
as set forth in section 6711 (relating to penalties).
§ 6704. Persons eligible to apply.
The following persons shall be eligible to apply to become
program participants:
(1) A victim of domestic violence who files an affidavit
with the Office of Victim Advocate stating the affiant's
eligibility for a protection from abuse order and further
stating that the affiant fears future violent acts by the
perpetrator of the abuse.
(2) A victim of sexual assault who files an affidavit
with the Office of Victim Advocate describing the
perpetrator's violent actions or threatened violent actions
toward the affiant and further stating that the affiant fears
future violent acts by the perpetrator of the sexual
violence.
(3) A victim of stalking who files an affidavit with the
Office of Victim Advocate describing the perpetrator's course
of conduct or repeated actions toward the affiant meeting the
criteria enumerated in 18 Pa.C.S. § 2709.1 (relating to
stalking) and further stating that the affiant fears future
violent acts by the perpetrator of the stalking.
(4) A person who is a member of the same household as a
program participant.
(5) A program participant who notifies the Office of
Victim Advocate of the participant's intent to continue in
the program prior to the expiration of certification.
§ 6705. Application and certification process.
(a) General rule.--A person must file an application with
the Office of Victim Advocate on a form prescribed by the Office
of Victim Advocate. The Office of Victim Advocate shall certify
eligible applicants as program participants in accordance with
the procedures outlined in subsection (b). Certification shall
be valid for a period of three years following the date of
certification unless the certification is withdrawn or canceled
before the expiration of that period.
(b) Requirements for certification.--The Office of Victim
Advocate shall certify an applicant as a program participant if:
(1) The applicant meets the eligibility requirements
under section 6704 (relating to persons eligible to apply).
(2) The applicant designates the Office of Victim
Advocate as an agent for the purpose of receiving service of
process.
(3) The application contains the applicant's actual
address and telephone number where the applicant can be
contacted.
(4) The application contains a list of all pending civil
and criminal proceedings in which the applicant is a victim,
witness, plaintiff or defendant and, if applicable, the
applicant's involvement with State and county probation and
parole.
(5) The application contains a statement signed by the
applicant affirming that the information provided by the
applicant is true to the best of the applicant's information,
knowledge and belief.
(6) The application contains a statement signed by the
applicant acknowledging that the applicant has a continuing
duty to notify the Office of Victim Advocate of any change in
the information provided to the Office of Victim Advocate in
accordance with this chapter. The duty shall remain in effect
for the duration of participation in the program.
(7) The application contains the date, the applicant's
signature and the signature of any person who assisted in the
preparation of the application.
§ 6706. Cancellation, expiration and voluntary withdrawal.
(a) Cancellation.--The Office of Victim Advocate shall
cancel the certification of a program participant if:
(1) the program participant willingly provided false
information on any portion of the application;
(2) the program participant failed to notify the Office
of Victim Advocate within five days of a name change or an
address change; or
(3) the program participant's mail is returned to the
Office of Victim Advocate as nondeliverable.
(b) Expiration.--Certification as a program participant
shall expire three years from the date on which an applicant was
certified as a program participant. The Office of Victim
Advocate shall send written notification of pending expiration
to a program participant's last known actual address 30 days
prior to the expiration of certification.
(c) Withdrawal.--A program participant may withdraw at any
time by notifying the Office of Victim Advocate in writing.
(d) Effect of cancellation, expiration or withdrawal.--
Notwithstanding cancellation, expiration or prior withdrawal
from the program, all persons eligible to apply to become
program participants may reapply for participation in the
program.
§ 6707. Agency use of designated address.
State and local government agencies shall accept the
substitute address designated on a valid program participation
card issued to the program participant by the Office of Victim
Advocate as the program participant's address except as follows:
(1) when the State or local government agency has been
granted a waiver pursuant to section 6709 (relating to waiver
process); or
(2) when the program participant is any of the
following:
(i) a released offender complying with State or
county probation or parole requirements; or
(ii) a convicted sexual offender who has fulfilled
the offender's sentence but must register the offender's
community residence as required under 42 Pa.C.S. §§
9795.1 (relating to registration) and 9795.2 (relating to
registration procedures and applicability) or any similar
registration requirement imposed by any other
jurisdiction.
§ 6708. Disclosure of actual address.
The Office of Victim Advocate shall not disclose the actual
address of a program participant except to any of the following:
(1) A State or local government agency when the State or
local government agency has been granted a waiver by the
Office of Victim Advocate and the disclosure is made pursuant
to section 6709 (relating to waiver process).
(2) A person or agency when disclosure is determined by
the Office of Victim Advocate to be required due to an
emergency and the disclosure is made pursuant to section 6710
(relating to emergency disclosure).
(3) A person identified in an order of court directing
the Office of Victim Advocate to disclose the program
participant's actual address and disclosure is made pursuant
to the court order.
§ 6709. Waiver process.
(a) Request for waiver.--A State or local government agency
requesting disclosure of a program participant's actual address
pursuant to this section shall make such a request in writing on
agency letterhead and shall provide the Office of Victim
Advocate with the following information:
(1) The name of the program participant for whom the
agency seeks disclosure of the actual address.
(2) A statement, with explanation, setting forth the
reason or reasons that the agency needs the program
participant's actual address and a statement that the agency
cannot meet its statutory or administrative obligations
without disclosure of the program participant's actual
address.
(3) A particular statement of facts showing that other
methods to locate the program participant or the program
participant's actual address have been tried and have failed
or that the methods reasonably appear to be unlikely to
succeed.
(4) A statement that the agency has adopted a procedure
setting forth the steps the agency will take to protect the
confidentiality of the program participant's actual address.
(b) Notice to program participant.--
(1) Except as provided in paragraph (3), the Office of
Victim Advocate shall provide the program participant with
notice of a request for waiver received pursuant to
subsection (a), and, to the extent possible, the program
participant shall be afforded an opportunity to be heard
regarding the request.
(2) Except as provided in paragraph (3), the Office of
Victim Advocate shall provide the program participant with
written notification whenever a waiver has been granted or
denied pursuant to this section.
(3) No notice or opportunity to be heard shall be given
to the program participant when the request for disclosure is
made by a State or local law enforcement agency conducting a
criminal investigation involving alleged criminal conduct by
the program participant or when providing notice to the
program participant would jeopardize an ongoing criminal
investigation or the safety of law enforcement personnel.
(c) Review of request for waiver.--The Office of Victim
Advocate shall promptly conduct a review of all requests
received pursuant to this section. In conducting a review, the
Office of Victim Advocate shall consider all information
received pursuant to subsections (a) and (b) and any other
appropriate information that the Office of Victim Advocate may
require.
(d) Criteria for granting a request for waiver.--The Office
of Victim Advocate shall grant a State or local government
agency's request for waiver and release a program participant's
actual address pursuant to this section if:
(1) the agency has a bona fide statutory or
administrative need for the actual address;
(2) the actual address will only be used for the purpose
stated in the request;
(3) other methods to locate the program participant or
the program participant's actual address have been tried and
have failed or such methods reasonably appear to be unlikely
to succeed; and
(4) the agency has adopted a procedure for protecting
the confidentiality of the actual address of the program
participant.
(e) Form of waiver.--Upon granting a request for waiver
pursuant to this section, the Office of Victim Advocate shall
provide the State or local government agency receiving the
waiver with a form containing:
(1) the program participant's actual address;
(2) a statement setting forth the permitted use of the
actual address and the names or classes of persons permitted
to have access to and use of the actual address;
(3) a statement that the agency receiving the waiver is
required to limit access to and use of the actual address to
the permitted use and persons set forth in the waiver; and
(4) the date on which the waiver expires if the
permitted use makes the expiration appropriate, after which
the agency may no longer maintain, use or have access to the
actual address.
(f) Requirements of a State and local government agency
receiving a waiver.--A State or local government agency granted
a waiver by the Office of Victim Advocate pursuant to this
section shall:
(1) limit the use of the program participant's actual
address to the purposes set forth in the waiver;
(2) limit the access to the program participant's actual
address to the persons or classes of persons set forth in the
waiver;
(3) cease to use and dispose of the program
participant's actual address upon the expiration of the
waiver; and
(4) except as otherwise set forth in the waiver,
maintain the confidentiality of a program participant's
actual address.
(g) Denial of request for waiver.--Upon denial of a State or
local government agency's request for waiver, the Office of
Victim Advocate shall provide prompt written notification to the
agency stating that the agency's request has been denied and
setting forth the specific reasons for the denial.
(h) Filing of exceptions.--A State or local government
agency may file written exceptions with the Office of Victim
Advocate no more than 15 days after written notification is
provided pursuant to subsection (g). The exceptions shall
restate the information contained in the request for waiver,
state the grounds upon which the agency asserts that the request
for waiver should be granted and specifically respond to the
Office of Victim Advocate's specific reasons for denial.
(i) Review of exceptions and determination.--Unless the
State or local government agency filing exceptions agrees
otherwise, the Office of Victim Advocate shall make a final
determination regarding the exceptions within 30 days after the
filing of exceptions pursuant to subsection (h). Prior to making
a final determination regarding the exceptions, the Office of
Victim Advocate may request additional information from the
agency or the program participant and conduct a hearing. If the
final determination of the Office of Victim Advocate is that the
denial of the agency's request for waiver was properly denied,
the Office of Victim Advocate shall provide the agency with
written notification of this final determination stating that
the agency's request has again been denied and setting forth the
specific reasons for the denial. If the final determination of
the Office of Victim Advocate is that the denial of the agency's
request for waiver has been improperly denied, the Office of
Victim Advocate shall grant the agency's request for waiver in
accordance with this section. The final determination of the
Office of Victim Advocate shall be the final order of the Office
of Victim Advocate.
(j) Agency appeal of final determination.--Within 30 days
after notification that the Office of Victim Advocate has made a
final determination affirming the denial of a State or local
government agency's request for waiver, an agency may file a
petition for review or any such other document as permitted or
required by general court rules. The Office of Victim Advocate
shall be given notice of any action commenced in accordance with
this subsection or general rule and shall be afforded an
opportunity to respond as permitted or required by general court
rules.
(k) Record on appeal.--The record before any court hearing
an agency appeal pursuant to subsection (j) shall consist of the
State or local government agency's request for waiver, the
Office of Victim Advocate's written response, the agency's
exceptions, the hearing transcript, if any, and the Office of
Victim Advocate's final determination.
(l) Use of substitute address during certain periods.--
During any period of review, evaluation or appeal, the agency
shall, to the extent possible, accept and use the program
participant's substitute address.
(m) Waiver.--Nothing in this section shall be construed to
prevent the Office of Victim Advocate from granting a waiver to
a State or local government agency pursuant to this section upon
receipt of a program participant's written consent to do so.
§ 6710. Emergency disclosure.
(a) General rule.--The Office of Victim Advocate shall
establish a system to respond to requests for emergency
disclosures that will provide for 24-hour access to a program
participant's actual address.
(b) Request for emergency disclosure.--A government agency
may request that the Office of Victim Advocate disclose a
program participant's actual address through the system
established pursuant to subsection (a). The Office of Victim
Advocate shall disclose a program participant's actual address
if the disclosure:
(1) will prevent physical harm to a program participant
or to a program participant's family member; or
(2) is made to a law enforcement agency for law
enforcement purposes and the circumstances warrant immediate
disclosure.
(c) Requirements for emergency disclosure.--Prior to
disclosing a program participant's actual address pursuant to
this section, the Office of Victim Advocate shall require:
(1) verification of the requester's identity and the
requester's employment with a government agency;
(2) verification of the stated reason for the request to
adequately ensure that emergency disclosure is required
pursuant to subsection (b);
(3) proof, to the satisfaction of the Office of Victim
Advocate, that other methods to locate the program
participant or the program participant's actual address have
been tried and have failed or that the methods reasonably
appear to be unlikely to succeed given the circumstances of
the stated reason for the request;
(4) that the program participant's actual address only
be used by the requester or the agency to the extent
necessary to respond to the stated reason for the request;
(5) that the requester and the requester's agency
maintain the confidentiality of the actual address of the
program participant; and
(6) that the requester and the requester's agency agree
to dispose of the program participant's actual address as
soon as practicable after the circumstances surrounding the
stated reason for the request no longer require emergency
disclosure pursuant to this section.
§ 6711. Penalties.
(a) False information.--Any person who knowingly provides
false information in regard to a material fact contained in any
application made pursuant to section 6704 (relating to persons
eligible to apply) or 6705 (relating to application and
certification process) shall be subject to termination from the
program and to criminal penalties under 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities).
(b) Access by fraud or misrepresentation.--
(1) Except as provided in paragraph (2), any person who
intentionally, knowingly or recklessly attempts to gain
access to or gains access to a program participant's actual
address by fraud or misrepresentation commits a misdemeanor
of the second degree. A second or subsequent violation of
this paragraph shall be graded as a felony of the third
degree.
(2) A first offense under paragraph (1) shall be graded
as a felony of the third degree if it is committed by any
person who has previously been convicted of a crime of
violence involving the program participant under paragraph
(1) or the program participant's family or household member
as defined in section 6102 (relating to definitions),
including:
18 Pa.C.S. § 2701 (relating to simple assault);
18 Pa.C.S. § 2702 (relating to aggravated assault);
18 Pa.C.S. § 2705 (relating to recklessly endangering
another person);
18 Pa.C.S. § 2709 (relating to harassment);
18 Pa.C.S. § 2709.1 (relating to stalking);
18 Pa.C.S. § 2901 (relating to kidnapping);
18 Pa.C.S. § 3121 (relating to rape);
18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse);
18 Pa.C.S. § 4954 (relating to protective orders); or
23 Pa.C.S. § 6108 (relating to relief).
(c) Unauthorized use of disclosed actual address.--A person
who lawfully obtains a program participant's actual address
pursuant to an exception contained in section 6708 (relating to
disclosure of actual address) and who subsequently discloses or
uses the actual address in a manner not authorized by this
chapter commits a summary offense.
§ 6712. Rules and regulations.
The Office of Victim Advocate shall have the following duties
in order to implement this chapter:
(1) The Office of Victim Advocate shall adopt and use
guidelines which shall be published in the Pennsylvania
Bulletin. The guidelines shall not be subject to review under
section 205 of the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law, or the act of
June 25, 1982 (P.L.633, No.181), known as the Regulatory
Review Act.
(2) By July 1, 2006, the Office of Victim Advocate shall
in accordance with law promulgate regulations to replace the
guidelines under paragraph (1).
(3) The guidelines under paragraph (1) shall take effect
in 180 days and expire on the earlier of the effective date
of regulations promulgated under paragraph (2) or July 1,
2007.
§ 6713. Civil immunity.
Except for gross negligence, recklessness or intentional
misconduct, the Office of Victim Advocate, law enforcement
agencies and all agents, contractors and employees of the Office
of Victim Advocate or a law enforcement agency shall be immune
from civil liability in any action arising in connection with
this chapter.
Section 3. Sections 1103.1(a), 1132.1(a), 1305(a) and (d)
and 1510(a) and (b) of Title 75 are amended to read:
§ 1103.1. Application for certificate of title.
(a) Contents of application.--Application for a certificate
of title shall be made upon a form prescribed and furnished by
the department and shall contain a full description of the
vehicle, the vehicle identification number, odometer reading,
date of purchase, the actual or bona fide name and address of
the owner, a statement of the title of applicant, together with
any other information or documents the department requires to
identify the vehicle and to enable the department to determine
whether the owner is entitled to a certificate of title, and the
description of any security interests in the vehicle. Program
participants in the Address Confidentiality Program under 23
Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim
address confidentiality) may use a substitute address designated
by the Office of Victim Advocate as their address.
* * *
§ 1132.1. Perfection of a security interest in a vehicle.
(a) Perfection.--A security interest in a vehicle titled in
this Commonwealth is perfected at the time the department
receives all of the following:
(1) A completed application specifying the lienholder's
name and address. Program participants in the Address
Confidentiality Program under 23 Pa.C.S. Ch. 67 (relating to
domestic and sexual violence victim address confidentiality)
may use a substitute address designated by the Office of
Victim Advocate as their address.
(2) An amount equal to or greater than the fee required
by section 1953 (relating to security interest).
(3) The manufacturer's statement of origin or the
existing certificate of title for the vehicle.
* * *
§ 1305. Application for registration.
(a) General rule.--Application for the registration of a
vehicle shall be made to the department upon the appropriate
form or forms furnished by the department. The application shall
contain the full name and address of the owner or owners; the
make, model, year and vehicle identification number of the
vehicle; and such other information as the department may
require. Program participants in the Address Confidentiality
Program under 23 Pa.C.S. Ch. 67 (relating to domestic and sexual
violence victim address confidentiality) may use a substitute
address designated by the Office of Victim Advocate as their
address. Applicants for registration of a truck, truck tractor,
trailer or bus shall provide the vehicle's Gross Vehicle Weight
Rating (GVWR), or the Gross Combination Weight Rating (GCWR), as
applicable. If the manufacturer's ratings are not available, the
applicant shall provide sufficient information as to the
horsepower, braking capacity and such other data as necessary
for the department to determine an equivalent measure of the
vehicle's hauling and stopping capability. If the applicant
wishes to register a vehicle at a registered gross weight less
than the gross vehicle weight rating, the application shall
include information as to weight, load and any other such
information as the department may require. The application shall
be accompanied by self-certification of financial responsibility
and the applicable fee.
* * *
(d) Self-certification of financial responsibility.--In
addition to the other requirements to registration, the
applicant shall file a self-certification of financial
responsibility which shall include:
(1) The complete name, address and telephone number of
the applicant. Program participants in the Address
Confidentiality Program under 23 Pa.C.S. Ch. 67 may use a
substitute address designated by the Office of Victim
Advocate as their address.
(2) The name of the insurance company which is insuring
the subject vehicle.
(3) The policy number, effective date and expiration
date of the policy of insurance insuring the vehicle.
§ 1510. Issuance and content of driver's license.
(a) General rule.--The department shall, upon payment of the
required fee, issue to every qualified applicant a driver's
license indicating the type or general class of vehicles the
licensee is authorized to drive and any endorsements or
restrictions, which license shall contain a distinguishing
number assigned by the department to the licensee, the actual
name, date of birth, residence address, a color photograph or
photographic facsimile of the licensee, such other information
as may be required by the department, and either a facsimile of
the signature of the licensee or a space upon which the licensee
shall write his usual signature with pen and ink. Program
participants in the Address Confidentiality Program under 23
Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim
address confidentiality) may use a substitute address designated
by the Office of Victim Advocate as their address. Personal
medical data and other information for use in an emergency may
be included as a part of the license. Information other than
that required to identify the licensee, the distinguishing
number and the class of license issued may be included in
microdata form. Except as provided in subsection (f), an
applicant shall include his Social Security number on his
license application, but the Social Security number shall not be
included on the license. No driver's license shall be valid
until it has been signed by the licensee.
(b) Identification card.--The department shall, upon payment
of the required fee, issue an identification card to any person
who has made application therefor in such manner as the
department shall prescribe or whose driver's license has been
surrendered to the department because of a suspension or
revocation of an operating privilege under this or any other
title. Program participants in the Address Confidentiality
Program under 23 Pa.C.S. Ch. 67 may use a substitute address
designated by the Office of Victim Advocate as their address.
The identification card shall have substantially the same
content as a driver's license but shall clearly indicate that it
is not a driver's license. Upon failure of any person to pass
any examination required under section 1514 (relating to
expiration and renewal of drivers' licenses), the department
shall, where appropriate, issue a complimentary identification
card as an expression of gratitude for years of safe driving.
The card shall only be issued upon receipt of the person's
driver's license.
* * *
Section 4. This act shall take effect in 180 days.
APPROVED--The 30th day of November, A. D. 2004.
EDWARD G. RENDELL
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