PRINTER'S NO. 2476

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1947 Session of 1987


        INTRODUCED BY SALOOM, HUTCHINSON, PETRARCA, GEORGE AND FEE,
           NOVEMBER 16, 1987

        REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 16, 1987

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for Catastrophic Loss Trust Fund
     3     coverage and benefits for owners of antique or classic motor
     4     vehicles.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  The definition of "eligible claimant" in section
     8  1761 of Title 75 of the Pennsylvania Consolidated Statutes is
     9  amended to read:
    10  § 1761.  Definitions.
    11     The following words and phrases when used in this subchapter
    12  shall have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     * * *
    15     "Eligible claimant."  Except as provided in the definition of
    16  ineligible claimant, eligible claimant includes a resident of
    17  this Commonwealth who suffers injury on or after the effective
    18  date of this subchapter arising out of the maintenance or use of


     1  a motor vehicle in the United States, its territories or
     2  possessions and Canada. The estate of an eligible claimant shall
     3  be entitled to receive catastrophic loss benefits pursuant to
     4  section 1766 to the extent that financial obligations for
     5  reasonable and necessary medical treatment and rehabilitative
     6  services were incurred by the eligible claimant prior to the
     7  death of that person. Otherwise eligible claimants shall not be
     8  disqualified from participating in or receiving benefits from
     9  the Catastrophic Loss Trust Fund for injuries suffered after the
    10  effective date of this subchapter but prior to their first
    11  registration renewal after the effective date of this
    12  subchapter. Notwithstanding any other law to the contrary, the
    13  owner of a motor vehicle registered as an antique motor vehicle
    14  or a classic motor vehicle shall be considered an eligible
    15  claimant for benefits if that owner registers another motor
    16  vehicle for which the annual assessment is paid to the
    17  Catastrophic Loss Trust Fund.
    18     * * *
    19     Section 2.  Section 1762 of Title 75 is amended to read:
    20  § 1762.  Funding.
    21     The Catastrophic Loss Trust Fund shall be funded by levying
    22  an initial charge of $5 upon all motor vehicles required to be
    23  registered under Chapter 13 (relating to registration of
    24  vehicles) except trailers, recreational vehicles not intended
    25  for highway use, motor vehicles registered as antique motor
    26  vehicles or classic motor vehicles, motorcycles, motor-driven
    27  cycles, motorized pedalcycles or like type vehicles. This charge
    28  shall be remitted to an insurance company or other party as may
    29  be designated by the Insurance Department. Upon receipt of the
    30  charge, the insurance company or other designated party shall
    19870H1947B2476                  - 2 -

     1  remit it to the Insurance Department for deposit in the trust
     2  fund. The Catastrophic Loss Trust Fund Board shall, by
     3  regulation, determine by January 1 of each calendar year the
     4  amount of the fund charge for each registration year subsequent
     5  to the initial registration year and shall notify the Insurance
     6  Department which shall notify the insurance companies or other
     7  designated parties to collect the charge.
     8     Section 3.  This act shall take effect immediately.















    J30L75RZ/19870H1947B2476         - 3 -