An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; 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.

PRINTER'S NO. 961
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 861
Session of
2025
INTRODUCED BY FLYNN, STREET, KANE, COSTA AND MILLER,
JUNE 18, 2025
REFERRED TO TRANSPORTATION, JUNE 18, 2025
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; 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 driver's license 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 in
compliance with the ISO/IEC 18013-5 standard, as published on
the effective date of this definition, and any other driver's
license implementation standards approved by the department and
published in the Pennsylvania Bulletin, and 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.
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"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 using
a verification system 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 identification card or
electronic identification card issued by the department under
this title that identifies the individual to whom the card was
issued.
* * *
" ISO/IEC 18013-5 standard." The interface specifications for
the implementation of a driving license in association with a
mobile device published by the International Organization for
Standardization.
* * *
"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.
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* * *
"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.
* * *
"Verification process." A method of authenticating an
electronic product through the use of secure encrypted
communication.
"Verifier." A person that seeks to confirm information about
an electronic product holder via the department's verification
process and the electronic product's data fields. The term does
not include an employee of a criminal justice agency as defined
in 18 Pa.C.S. § 9102 (relating to definitions) while in the
performance of the employee's duties.
* * *
Section 2. Section 1510 of Title 75 is amended by adding
subsections to read:
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§ 1510. Issuance and content of driver's license.
* * *
(k) Electronic products.--The department may issue an
electronic product to an individual that 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 that
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.
(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
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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.
(3) The department shall include an attribute on a
driver's record indicating the presence of a physical,
cognitive or communication impairment, if applicable. The
department shall establish a procedure by which a driver may
request the inclusion of the designation on the driver's
official driving record.
(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 process .--
(1) The department shall develop a verification process
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 process .
(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
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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 process , the
information from the verification process 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 process . The department may enter
into agreements with other government entities and
jurisdictions that operate a similar verification process for
the purpose of verifying electronic products issued under
this title.
(q) Privacy and tracking.--A verifier may only retain
electronic product data elements for which the verifier
explicitly obtained consent from the electronic product holder.
A verifier must inform the electronic product holder of the use
and retention period of the electronic data elements.
(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
section, 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 electronic
identification cards. The report shall also include all
estimated initial and recurring costs to establish and
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maintain a process that allows individuals to apply for an
electronic driver's license or electronic 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 electronic identification cards.
(ii) The total number of electronic driver's
licenses and electronic identification cards applied for.
(iii) The total number of electronic driver's
licenses and electronic identification cards issued.
(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 Minority Leader of the
Senate.
(iv) The Majority Leader and 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 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
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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
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 shall
not apply to an electronic product device. If an individual
chooses to surrender an electronic product device to a law
enforcement officer who inadvertently causes damage to the
electronic device, the law enforcement officer shall not be
liable for the damage to the 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
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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.
(e) Immunity.--If a licensee or identification card holder
chooses to exhibit an electronic product or an electronic
product device under this title, the individual viewing the
electronic product in good faith for a purpose under this title
shall be immune from any civil or criminal liability that arises
from the licensee's choice, including, but not limited to:
(1) the inadvertent viewing of materials on the
electronic product device other than the electronic product;
(2) the inadvertent deletion of information from the
electronic product device;
(3) the inadvertent interception of a communication
while in possession of the electronic product device; or
(4) any breakage that may occur to the electronic
product device.
Section 4. This act shall take effect immediately.
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