House narrows CDL-reinstatement proposal after debate over constitutionality and language changes

The House considered several floor amendments to House Bill 960, a bill amending Title 75 related to disqualification and reinstatement of commercial driver’s licenses (CDLs).

Representative Nielsen offered amendment A00395, which the clerk recorded adopted by a wide margin; the recorded vote on the amendment was 201 ayes and 2 nays. Representative Warner offered amendment A00698 to require a CDL reinstatement applicant to demonstrate English reading and speaking ability; Representative Sanchez then moved on the floor that the amendment was unconstitutional under Article II, Section 1 of the Pennsylvania Constitution (a nondelegation argument). The House voted on the question of constitutionality; the clerk recorded 101 yays and 102 nays, and the chair declared the matter unconstitutional (the negative majority meant the amendment was declared unconstitutional under the rules invoked).

Representative Pugh then offered amendment A00722 requiring applicants seeking CDL reinstatement to be residents of the United States. Representative Simp said he would vote in favor though he described it as unnecessary because of existing federal law. The clerk recorded the vote on A00722 as 146 ayes and 57 nays and the amendment was adopted. The floor record indicates other amendments were withdrawn by their makers, and the bill as amended was to be reprinted for final steps.

Taken together, the House kept the effective-date change requested by PennDOT, rejected the English-proficiency amendment on constitutional grounds, and adopted a residency requirement for reinstatement applicants. The Clerk’s recorded tallies for the votes described above are included in the record.