WHEREAS, Article I, Section 1 of the Constitution of the Commonwealth of Pennsylvania guarantees the right “of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness;” and

WHEREAS, the Board of Governors believes that all immigrants, regardless of legal status, contribute to the economic health, cultural diversity, and well being of the Commonwealth of Pennsylvania; and

WHEREAS, the Board of Governors believes that the ability to move freely across the Commonwealth is of fundamental importance for all Pennsylvania residents in order to participate in civic life and ensure the health and safety of their families; and

WHEREAS, Pennsylvania law currently prohibits undocumented residents from obtaining a driver’s license ; and

WHEREAS, prior to 2002, residents of the Commonwealth of Pennsylvania could legally obtain a driver's license with either a social security number (SSN) or taxpayer identification number (ITIN) ; and

WHEREAS, the Board of Governors believes that safety of roads would be enhanced if all residents of appropriate driving age were tested, trained, licensed, and insured, regardless of immigration status; and

WHEREAS, the AAA Foundation for Traffic Safety has documented that car crashes rank among the leading causes of death in the United States and that approximately one in five fatal crashes in the United States involve an unlicensed or invalidly licensed driver ; and

WHEREAS, Board of Governors believes that the public safety of the Commonwealth would be enhanced by bringing immigrant communities out of the shadows to participate more fully in civic life, building trust and cooperation between immigrant communities and law enforcement and encouraging immigrant communities to report crimes and serve as witnesses in criminal investigations; and

WHEREAS, the Pennsylvania Policy and Budget Center estimates that if Pennsylvania law were changed to expand access to driver’s licenses to undocumented residents, approximately 82,000 Pennsylvania residents would apply for a driver’s license within the first three years of eligibility; resulting in approximately $13 million in new revenue from fees paid by new driver’s license applicants and license renewals and

WHEREAS, the Board of Governors believes that expanding access to driver’s licenses would enhance Pennsylvania’s economy, and

WHEREAS, the Board of Governors finds that Pennsylvania insurance companies would take in millions in additional premiums per year, saving money for existing policyholders by expanding the pool of policyholders and reducing the number of claims against uninsured drivers; and

WHEREAS, the Board of Governors finds that the Pennsylvania economy would be bolstered by strengthening the mobility of its workforce and enhancing economic participation in undocumented communities; and

WHEREAS, an estimated 170,000 Pennsylvania residents are non-citizen residents, without legal means to acquire a Commonwealth issued driver’s license or identification card; however, many of those non-citizen residents are required to operate a motor vehicle to go to work, school, access healthcare, support industry and provide tax revenue for the Commonwealth; and

WHEREAS, 75 Pa.C.S. § 1506(a) requires all applicants for learner’s permit or drivers’ licenses to submit documentation to the Commonwealth of Pennsylvania to confirm “the applicant’s identity, competency and eligibility;” and

WHEREAS, a valid driver’s license issued by the Commonwealth of Pennsylvania is required for the operation of a motor vehicle, and the purchase of automobile insurance ; and

WHEREAS, House Bill No. 769, Printer’s No. 718 (“HB 769”) would amend Title 75 Pa.C.S. § 1506(a) and (a.1) to remove references to immigration statuses in determining eligibility for a driver’s license; and

WHEREAS, 21 states have passed bills similar to H.B. 769 removing restrictions on who can obtain a driver’s license.

NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association urges the General Assembly to enact, and the Governor to sign into law, House Bill No. 769, Printer’s No. 718, or similar legislation, to amend the Vehicle Code, so that all Pennsylvania residents, regardless of immigration status, may be eligible for driver’s licenses or state identification;

AND BE IT FURTHER RESOLVED, that the Chancellor and/or the Chancellor’s designee(s) is hereby authorized to support HB 769, Printer’s No. 718, and similar legislation as the position of the Philadelphia Bar Association; and

AND BE IT FURTHER RESOLVED, that the Chancellor shall communicate the position of the Association to other interested entities; and take whatever additional action is necessary to effectuate these Resolutions.

PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: July 27, 2023