PRIOR PRINTER'S NO. 506 PRINTER'S NO. 2282
No. 452 Session of 1985
INTRODUCED BY LESCOVITZ, GEIST, LASHINGER, COLAFELLA AND
D. W. SNYDER, FEBRUARY 25, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 16, 1985
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing FOR THE CATASTROPHIC LOSS TRUST <--
3 FUND CHARGE, for ineligibility for licensing, for reports on
4 mental or physical disabilities and, for determination of <--
5 incompetency, FOR THE SENTENCING AUTHORITY IN CASES RELATING <--
6 TO DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
7 SUBSTANCE, FOR DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED
8 OR REVOKED AND FOR THE AVAILABILITY OF BENEFITS; REMOVING
9 PROVISIONS RELATING TO CATASTROPHIC LOSS AND THE CATASTROPHIC
10 LOSS TRUST FUND; AND MAKING A REPEAL.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Sections 1503(a), 1518 and 1519(a) 1306, 1309, <--
14 1373, 1503(A), 1518, 1519(A), 1543 AND 1715(A) of Title 75 of
15 the Pennsylvania Consolidated Statutes are amended to read:
16 § 1306. GROUNDS FOR REFUSING REGISTRATION. <--
17 THE DEPARTMENT SHALL REFUSE REGISTRATION OR RENEWAL OR
18 TRANSFER OF REGISTRATION WHEN ANY OF THE FOLLOWING CIRCUMSTANCES
19 EXISTS:
20 (1) THE APPLICANT IS NOT ENTITLED TO REGISTRATION UNDER
21 THE PROVISIONS OF THIS CHAPTER.
1 (2) THE APPLICANT HAS AT REGISTRATION OR TITLING
2 NEGLECTED OR REFUSED TO FURNISH THE DEPARTMENT WITH THE
3 INFORMATION REQUIRED ON THE APPROPRIATE OFFICIAL FORM, OR ANY
4 REASONABLE ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT.
5 (3) THE DEPARTMENT HAS REASONABLE GROUNDS TO BELIEVE
6 THAT THE APPLICATION CONTAINS FALSE OR FRAUDULENT
7 INFORMATION, OR THAT THE VEHICLE IS STOLEN, WHICH FACT THE
8 DEPARTMENT SHALL ASCERTAIN BY REFERENCE TO THE STOLEN VEHICLE
9 FILE REQUIRED TO BE MAINTAINED UNDER SECTION 7114 (RELATING
10 TO RECORDS OF STOLEN VEHICLES), OR THAT THE GRANTING OF
11 REGISTRATION WOULD CONSTITUTE A FRAUD AGAINST THE RIGHTFUL
12 OWNER OR OTHER PERSON HAVING A VALID LIEN UPON THE VEHICLE.
13 (4) THE FEES REQUIRED BY LAW HAVE NOT BEEN PAID.
14 (5) THE VEHICLE IS NOT CONSTRUCTED OR EQUIPPED AS
15 REQUIRED BY THIS TITLE.
16 (6) THE REGISTRATION OF THE VEHICLE STANDS SUSPENDED FOR
17 ANY REASON AS PROVIDED FOR IN THIS TITLE.
18 [(7) THE CATASTROPHIC LOSS TRUST FUND CHARGE HAS NOT
19 BEEN PAID.]
20 § 1309. RENEWAL OF REGISTRATION.
21 (A) APPLICATION.--AT LEAST 60 DAYS PRIOR TO THE EXPIRATION
22 OF EACH REGISTRATION, THE DEPARTMENT SHALL SEND TO THE
23 REGISTRANT AN APPLICATION FOR RENEWAL OF REGISTRATION. UPON
24 RETURN OF THE APPLICATION, ACCOMPANIED BY SELF-CERTIFICATION OF
25 FINANCIAL RESPONSIBILITY[,] AND THE APPLICABLE FEE OR FEES [AND
26 PROOF THAT THE CATASTROPHIC LOSS TRUST FUND CHARGE HAS BEEN
27 PAID], THE DEPARTMENT SHALL SEND TO THE REGISTRANT A RENEWED
28 REGISTRATION CARD. FAILURE TO RECEIVE A RENEWAL APPLICATION
29 SHALL NOT RELIEVE A REGISTRANT FROM THE RESPONSIBILITY TO RENEW
30 THE REGISTRATION.
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1 (B) COLLECTION OF CATASTROPHIC LOSS TRUST FUND CHARGE.--IN
2 CONJUNCTION WITH THE PROVISIONS OF SUBSECTION (A), THE
3 DEPARTMENT SHALL COLLECT THE APPROPRIATE CATASTROPHIC LOSS TRUST
4 FUND CHARGE. THE APPLICATION FOR RENEWAL OF REGISTRATION SHALL
5 SEPARATELY SPECIFY THE APPLICABLE FEE OR FEES FOR REGISTRATION
6 AND THE APPLICABLE CATASTROPHIC LOSS TRUST FUND CHARGE. TRUST
7 FUND CHARGES SO COLLECTED SHALL BE REMITTED TO THE CATASTROPHIC
8 LOSS TRUST FUND IN ACCORDANCE WITH APPLICABLE LAW AND DEPARTMENT
9 REGULATIONS.
10 § 1373. SUSPENSION OF REGISTRATION.
11 THE DEPARTMENT MAY SUSPEND ANY REGISTRATION AFTER PROVIDING
12 OPPORTUNITY FOR A HEARING IN ANY OF THE FOLLOWING CASES WHEN THE
13 DEPARTMENT FINDS UPON SUFFICIENT EVIDENCE THAT:
14 (1) THE VEHICLE IS UNSAFE OR UNFIT FOR OPERATION OR IS
15 NOT EQUIPPED AS REQUIRED BY THIS TITLE.
16 (2) THE OWNER OR REGISTRANT HAS MADE, OR PERMITTED TO BE
17 MADE, ANY UNLAWFUL USE OF THE VEHICLE OR REGISTRATION PLATE
18 OR PLATES, OR REGISTRATION CARD, OR PERMITTED THE USE BY A
19 PERSON NOT ENTITLED THERETO.
20 (3) THE OWNER OR REGISTRANT HAS KNOWINGLY MADE A FALSE
21 STATEMENT OR KNOWINGLY CONCEALED A MATERIAL FACT OR OTHERWISE
22 COMMITTED A FRAUD IN ANY APPLICATION OR FORM REQUIRED TO BE
23 FILED BY THIS TITLE.
24 (4) UPON THE REQUEST OR ORDER OF ANY COURT OF RECORD.
25 (5) THE REQUIRED FEES HAVE NOT BEEN PAID.
26 (6) THE REGISTRANT OR ANY AGENT OR EMPLOYEE HAS
27 REPEATEDLY VIOLATED ANY OF THE PROVISIONS OF THIS CHAPTER OR
28 CHAPTER 11 (RELATING TO CERTIFICATE OF TITLE AND SECURITY
29 INTERESTS).
30 [(7) THE CATASTROPHIC LOSS TRUST FUND CHARGE HAS NOT
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1 BEEN PAID.]
2 § 1503. Persons ineligible for licensing.
3 (a) General rule.--The department shall not issue any
4 driver's license to, or renew the driver's license of, any
5 person:
6 (1) Whose operating privilege is suspended or revoked in
7 this or any other state except as otherwise provided in this
8 title.
9 (2) Whose operating privilege is suspended or revoked in
10 any other state upon grounds which would authorize the
11 suspension or revocation of the operating privilege under
12 this title.
13 (3) Who is a user of alcohol or any controlled substance
14 to a degree rendering the user incapable of safely driving a
15 motor vehicle. This paragraph does not apply to any person
16 who is enrolled or otherwise participating in a methadone or
17 other controlled substance treatment program approved by the
18 Governor's Council on Drug and Alcohol Abuse provided that
19 the person is certified to be competent to drive by a
20 physician designated by the Governor's Council on Drug and
21 Alcohol Abuse.
22 (4) Who has been adjudged to be afflicted with or
23 suffering from any mental disability or disease and who has
24 not at the time of application been restored to competency by
25 the methods provided by law.
26 [(5) Whose name has been submitted under the provisions
27 of section 1518 (relating to reports on mental or physical
28 disabilities or disorders).
29 (6)] (5) Who is required by the department to take an
30 examination until the person has successfully passed the
19850H0452B2282 - 4 -
1 examination.
2 [(7)] (6) Who is under 18 years of age except in
3 accordance with subsections (b) and (c).
4 [(8)] (7) Who has repeatedly violated any of the
5 provisions of this chapter. The department shall provide an
6 opportunity for a hearing upon invoking this paragraph.
7 * * *
8 § 1518. Reports on mental or physical disabilities or
9 disorders.
10 (a) Definition of disorders and disabilities.--The Medical
11 Advisory Board shall define disorders characterized by lapses of
12 consciousness or other mental or physical disabilities affecting
13 the ability of a person to drive safely for the purpose of the
14 reports required by this section.
15 (b) [Reports by medical personnel.--All physicians and other
16 persons authorized to diagnose or treat disorders and
17 disabilities defined by the Medical Advisory Board shall report
18 to the department, in writing, the full name, date of birth and
19 address of every person over 15 years of age diagnosed as having
20 any specified disorder or disability within ten days.] Reports
21 of disorders and disabilities.--All medical personnel, which for
22 the purposes of this section shall mean physicians and other
23 persons authorized to diagnose or treat disorders and
24 disabilities described in subsection (a), shall inform any
25 patient over 15 years of age on whom the diagnosis has been made
26 by the medical personnel of the obligation to report the initial
27 diagnosis to the department within 15 days and shall prepare,
28 sign and mail to the department the report which shall be signed
29 by the patient on a form prescribed by the department. The
30 patient's signature shall constitute consent to the release of
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1 the information contained in the report. If the patient refuses
2 to sign the report, the medical personnel shall be under no
3 obligation to initiate a report to the department, but in the
4 exercise of sound medical judgment, based on the likelihood of
5 the patient's potential inability to drive safely, may initiate
6 or refrain from initiating a report to the department.
7 (c) [Responsibility of institution heads.--The person in
8 charge of every mental hospital, institution or clinic, or any
9 alcohol or drug treatment facility, shall be responsible to
10 assure that reports are filed in accordance with subsection
11 (b).] Medical confirmation of reports.--The department upon
12 receipt of a report required by subsection (b) may require from
13 the reporter or other medical personnel additional information
14 confirming onset of the condition, the diagnosis, any medication
15 which may have been prescribed for the condition and the
16 prognosis. The medical personnel shall forward the information
17 to the department. The department may prescribe a form for
18 obtaining additional medical information.
19 (d) Confidentiality of reports.--The reports required by
20 this section shall be confidential, EXCEPT TO THE PERSON WHO IS <--
21 THE SUBJECT OF THE REPORT WHO SHALL BE GIVEN A COPY OF THE
22 REPORT UPON REQUEST, and shall be used solely for the purpose of
23 determining the qualifications of any person to drive a motor
24 vehicle on the highways of this Commonwealth.
25 (e) Use of report or information as evidence.--No report or
26 information forwarded under the provisions of this section shall
27 be used as evidence in any civil or criminal trial except in any
28 proceeding under section 1519(c) (relating to determination of
29 incompetency).
30 (f) Immunity from civil and criminal liability.--No civil or
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1 criminal action may be brought against any person or agency
2 [for]:
3 (1) For providing the information required or permitted
4 to be reported under this system.
5 (2) For not providing the information permitted, but not
6 required to be reported under this system.
7 § 1519. Determination of incompetency.
8 (a) General rule.--The department, having cause, including
9 reports submitted under section 1518 (relating to reports on
10 mental or physical disabilities or disorders), to believe that a
11 licensed driver or applicant may not be physically or mentally
12 qualified to be licensed, may obtain the advice of a physician
13 who shall cause an examination to be made or who shall designate
14 any other qualified physician. The licensed driver or applicant
15 may cause a written report to be forwarded to the department by
16 a physician of the driver's or applicant's choice. Vision
17 qualifications shall be determined by an optometrist or
18 ophthalmologist. The department shall appoint one or more
19 qualified persons who shall consider all medical reports and
20 testimony and determine the competency of the driver or the
21 applicant to drive.
22 * * *
23 § 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR <--
24 REVOKED.
25 (A) OFFENSE DEFINED.--EXCEPT AS PROVIDED IN SUBSECTION (B),
26 ANY PERSON WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY OR
27 TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THEIR OPERATING
28 PRIVILEGE IS SUSPENDED, REVOKED OR RECALLED IS GUILTY OF A
29 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
30 A FINE OF $200.
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1 (B) CERTAIN OFFENSES.--ANY PERSON WHO DRIVES A MOTOR VEHICLE
2 ON ANY HIGHWAY OR TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN
3 THEIR OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION
4 OF ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A
5 VIOLATION OF SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE
6 OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A VIOLATION OF
7 SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR REFUSAL) OR 3731
8 SHALL, UPON CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND SHALL
9 BE SENTENCED TO PAY A FINE OF $1,000 AND TO UNDERGO IMPRISONMENT
10 FOR A PERIOD OF NOT LESS THAN 90 DAYS.
11 (C) EXTENDING EXISTING SUSPENSION OR REVOCATION.--THE
12 DEPARTMENT, UPON RECEIVING A CERTIFIED RECORD OF THE CONVICTION
13 OF ANY PERSON UNDER THIS SECTION UPON A CHARGE OF DRIVING A
14 VEHICLE WHILE THE OPERATING PRIVILEGE WAS SUSPENDED, SHALL
15 REVOKE SUCH PRIVILEGE FOR AN ADDITIONAL PERIOD OF SIX MONTHS. IF
16 THE CONVICTION WAS UPON A CHARGE OF DRIVING WHILE THE OPERATING
17 PRIVILEGE WAS REVOKED, THE DEPARTMENT SHALL REVOKE THE OPERATING
18 PRIVILEGE FOR AN ADDITIONAL PERIOD OF ONE YEAR.
19 (D) CITATION OF APPROPRIATE SUBSECTION.--PRIOR TO FILING A
20 CITATION FOR A VIOLATION OF THIS SECTION WITH THE ISSUING
21 AUTHORITY NAMED IN THE CITATION, THE POLICE OFFICER SHALL VERIFY
22 THE BASIS FOR THE SUSPENSION WITH THE DEPARTMENT. UPON RECEIVING
23 THE VERIFICATION, THE OFFICER SHALL CITE THE APPROPRIATE
24 SUBSECTION OF THIS SECTION ON THE CITATION.
25 § 1715. AVAILABILITY OF ADEQUATE LIMITS.
26 (A) GENERAL RULE.--AN INSURER SHALL MAKE AVAILABLE FOR
27 PURCHASE FIRST PARTY BENEFITS AS FOLLOWS:
28 (1) FOR MEDICAL BENEFITS, UP TO AT LEAST [$100,000]
29 $1,000,000.
30 (2) FOR INCOME LOSS BENEFITS, UP TO AT LEAST $2,500 PER
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1 MONTH UP TO A MAXIMUM BENEFIT OF AT LEAST $50,000.
2 (3) FOR ACCIDENTAL DEATH BENEFITS, UP TO AT LEAST
3 $25,000.
4 (4) FOR FUNERAL BENEFITS, $2,500.
5 (5) FOR COMBINATION OF BENEFITS ENUMERATED IN PARAGRAPHS
6 (1) THROUGH (4) AND SUBJECT TO A LIMIT ON THE ACCIDENTAL
7 DEATH BENEFIT OF UP TO $25,000 AND A LIMIT ON THE FUNERAL
8 BENEFIT OF $2,500, UP TO AT LEAST $277,500 OF BENEFITS IN THE
9 AGGREGATE OR BENEFITS PAYABLE UP TO THREE YEARS FROM THE DATE
10 OF THE ACCIDENT, WHICHEVER OCCURS FIRST.
11 * * *
12 SECTION 2. SUBCHAPTER F OF CHAPTER 17 OF TITLE 75 IS
13 REPEALED.
14 SECTION 3. SECTIONS 1787, 1796, 1797 AND 1798 OF TITLE 75
15 ARE AMENDED TO READ:
16 § 1787. SELF-INSURANCE.
17 (A) GENERAL RULE.--SELF-INSURANCE IS EFFECTED BY FILING WITH
18 THE DEPARTMENT OF TRANSPORTATION, IN SATISFACTORY FORM, EVIDENCE
19 THAT RELIABLE FINANCIAL ARRANGEMENTS, DEPOSITS, RESOURCES OR
20 COMMITMENTS EXIST SUCH AS WILL SATISFY THE DEPARTMENT THAT THE
21 SELF-INSURER WILL:
22 (1) PROVIDE THE BENEFITS REQUIRED BY SECTION 1711
23 (RELATING TO REQUIRED BENEFITS), SUBJECT TO THE PROVISIONS OF
24 SUBCHAPTER B (RELATING TO MOTOR VEHICLE LIABILITY INSURANCE
25 FIRST PARTY BENEFITS), EXCEPT THE ADDITIONAL BENEFITS AND
26 LIMITS PROVIDED IN SECTIONS 1712 (RELATING TO AVAILABILITY OF
27 BENEFITS) AND 1715 (RELATING TO AVAILABILITY OF ADEQUATE
28 LIMITS).
29 (2) MAKE PAYMENTS SUFFICIENT TO SATISFY JUDGMENTS AS
30 REQUIRED BY SECTION 1774 (RELATING TO PAYMENTS SUFFICIENT TO
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1 SATISFY JUDGMENTS).
2 (3) PROVIDE UNINSURED MOTORIST COVERAGE UP TO THE LIMITS
3 SET FORTH IN SECTION 1774.
4 (B) STACKING LIMITS PROHIBITED.--ANY RECOVERY OF UNINSURED
5 MOTORIST BENEFITS UNDER THIS SECTION ONLY SHALL NOT BE INCREASED
6 BY STACKING THE LIMITS PROVIDED IN SECTION 1774, IN
7 CONSIDERATION OF THE OWNERSHIP OR OPERATION OF MULTIPLE VEHICLES
8 OR OTHERWISE.
9 (C) ASSIGNED RISK AND ASSIGNED CLAIMS PLANS.--SELF-INSURERS
10 SHALL NOT BE REQUIRED TO ACCEPT ASSIGNED RISKS PURSUANT TO
11 SUBCHAPTER D (RELATING TO ASSIGNED RISK PLAN) OR CONTRIBUTE TO
12 THE ASSIGNED CLAIMS PLAN PURSUANT TO SUBCHAPTER E (RELATING TO
13 ASSIGNED CLAIMS PLAN).
14 [(D) CATASTROPHIC LOSS TRUST FUND.--SELF-INSURERS SHALL
15 CONTRIBUTE TO THE CATASTROPHIC LOSS TRUST FUND IN THE MANNER
16 PROVIDED IN SUBCHAPTER F (RELATING TO CATASTROPHIC LOSS TRUST
17 FUND).]
18 (E) PROMULGATION OF REGULATIONS, ETC.--THE DEPARTMENT OF
19 TRANSPORTATION MAY, JOINTLY WITH THE INSURANCE DEPARTMENT,
20 PROMULGATE RULES, REGULATIONS, GUIDELINES, PROCEDURES OR
21 STANDARDS FOR REVIEWING AND ESTABLISHING THE FINANCIAL
22 ELIGIBILITY OF SELF-INSURERS.
23 § 1796. MENTAL OR PHYSICAL EXAMINATION OF PERSON.
24 (A) GENERAL RULE.--WHENEVER THE MENTAL OR PHYSICAL CONDITION
25 OF A PERSON IS MATERIAL TO ANY CLAIM FOR MEDICAL[,] OR INCOME
26 LOSS [OR CATASTROPHIC LOSS BENEFITS], A COURT OF COMPETENT
27 JURISDICTION [OR THE ADMINISTRATOR OF THE CATASTROPHIC LOSS
28 TRUST FUND FOR CATASTROPHIC LOSS CLAIMS] MAY ORDER THE PERSON TO
29 SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION BY A PHYSICIAN. THE
30 ORDER MAY ONLY BE MADE UPON MOTION FOR GOOD CAUSE SHOWN. THE
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1 ORDER SHALL GIVE THE PERSON TO BE EXAMINED ADEQUATE NOTICE OF
2 THE TIME AND DATE OF THE EXAMINATION AND SHALL STATE THE MANNER,
3 CONDITIONS AND SCOPE OF THE EXAMINATION AND THE PHYSICIAN BY
4 WHOM IT IS TO BE PERFORMED. IF A PERSON FAILS TO COMPLY WITH AN
5 ORDER TO BE EXAMINED, THE COURT [OR THE ADMINISTRATOR] MAY ORDER
6 THAT THE PERSON BE DENIED BENEFITS UNTIL COMPLIANCE.
7 (B) REPORT OF EXAMINATION.--IF REQUESTED BY THE PERSON
8 EXAMINED, A PARTY CAUSING AN EXAMINATION TO BE MADE SHALL
9 PROMPTLY DELIVER TO THE PERSON EXAMINED A COPY OF EVERY WRITTEN
10 REPORT CONCERNING THE EXAMINATION AT LEAST ONE OF WHICH MUST SET
11 FORTH THE PHYSICIAN'S FINDINGS AND CONCLUSIONS IN DETAIL. UPON
12 FAILURE TO PROMPTLY PROVIDE COPIES OF THESE REPORTS, THE COURT
13 OR THE ADMINISTRATOR SHALL PROHIBIT THE TESTIMONY OF THE
14 EXAMINING PHYSICIAN IN ANY PROCEEDING TO RECOVER BENEFITS.
15 § 1797. CUSTOMARY CHARGES FOR TREATMENT.
16 A PERSON OR INSTITUTION PROVIDING TREATMENT, ACCOMMODATIONS,
17 PRODUCTS OR SERVICES TO AN INJURED PERSON FOR AN INJURY COVERED
18 BY MEDICAL [OR CATASTROPHIC LOSS] BENEFITS SHALL NOT MAKE A
19 CHARGE FOR THE TREATMENT, ACCOMMODATIONS, PRODUCTS OR SERVICES
20 IN EXCESS OF THE AMOUNT THE PERSON OR INSTITUTION CUSTOMARILY
21 CHARGES FOR LIKE TREATMENT, ACCOMMODATIONS, PRODUCTS AND
22 SERVICES IN CASES INVOLVING NO INSURANCE.
23 § 1798. ATTORNEY FEES AND COSTS.
24 (A) BASIS FOR REASONABLE FEE.--NO ATTORNEY'S FEE FOR
25 REPRESENTING A CLAIMANT IN CONNECTION WITH A CLAIM FOR FIRST
26 PARTY BENEFITS PROVIDED UNDER SUBCHAPTER B (RELATING TO MOTOR
27 VEHICLE LIABILITY INSURANCE FIRST PARTY BENEFITS) [OR A CLAIM
28 FOR CATASTROPHIC LOSS BENEFITS UNDER SUBCHAPTER F (RELATING TO
29 CATASTROPHIC LOSS TRUST FUND)] SHALL BE CALCULATED, DETERMINED
30 OR PAID ON A CONTINGENT FEE BASIS, NOR SHALL ANY ATTORNEY'S FEES
19850H0452B2282 - 11 -
1 BE DEDUCTED FROM THE BENEFITS ENUMERATED IN THIS SUBSECTION
2 WHICH ARE OTHERWISE DUE SUCH CLAIMANT. AN ATTORNEY MAY CHARGE A
3 CLAIMANT A REASONABLE FEE BASED UPON ACTUAL TIME EXPENDED.
4 (B) UNREASONABLE REFUSAL TO PAY BENEFITS.--IN THE EVENT AN
5 INSURER IS FOUND TO HAVE ACTED WITH NO REASONABLE FOUNDATION IN
6 REFUSING TO PAY THE BENEFITS ENUMERATED IN SUBSECTION (A) WHEN
7 DUE, THE INSURER SHALL PAY, IN ADDITION TO THE BENEFITS OWED AND
8 THE INTEREST THEREON, A REASONABLE ATTORNEY FEE BASED UPON
9 ACTUAL TIME EXPENDED.
10 [(C) PAYMENT BY FUND.--THE CATASTROPHIC LOSS TRUST FUND MAY
11 AWARD THE CLAIMANT'S ATTORNEY A REASONABLE FEE BASED UPON ACTUAL
12 TIME EXPENDED BECAUSE A CLAIMANT IS UNABLE TO OTHERWISE PAY THE
13 FEES AND COSTS.]
14 (D) FRAUDULENT OR EXCESSIVE CLAIMS.--IF, IN ANY ACTION BY A
15 CLAIMANT TO RECOVER BENEFITS UNDER THIS CHAPTER, THE COURT
16 DETERMINES THAT THE CLAIM, OR A SIGNIFICANT PART THEREOF, IS
17 FRAUDULENT OR SO EXCESSIVE AS TO HAVE NO REASONABLE FOUNDATION,
18 THE COURT MAY AWARD THE INSURER'S ATTORNEY A REASONABLE FEE
19 BASED UPON ACTUAL TIME EXPENDED. THE COURT, IN SUCH CASE, MAY
20 DIRECT THAT THE FEE SHALL BE PAID BY THE CLAIMANT OR THAT THE
21 FEE MAY BE TREATED IN WHOLE OR IN PART AS AN OFFSET AGAINST ANY
22 BENEFITS DUE OR TO BECOME DUE THE CLAIMANT.
23 SECTION 4. SECTION 3731(E) OF TITLE 75 IS AMENDED BY ADDING
24 A PARAGRAPH TO READ:
25 § 3731. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
26 SUBSTANCE.
27 * * *
28 (E) PENALTY.--
29 * * *
30 (3.1) THERE SHALL BE NO AUTHORITY IN ANY COURT TO IMPOSE
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1 ON AN OFFENDER TO WHICH THIS SECTION IS APPLICABLE ANY LESSER
2 SENTENCE THAN PROVIDED FOR IN THIS SUBSECTION OR TO PLACE
3 SUCH OFFENDER ON PROBATION OR TO SUSPEND THE SENTENCE.
4 * * *
5 SECTION 5. SECTION 3735 OF TITLE 75 IS AMENDED BY ADDING A
6 SUBSECTION TO READ:
7 § 3735. HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE.
8 * * *
9 (C) AUTHORITY OF THE COURT IN SENTENCING.--THERE SHALL BE NO
10 AUTHORITY IN ANY COURT TO IMPOSE ON AN OFFENDER TO WHICH THIS
11 SECTION IS APPLICABLE ANY LESSER SENTENCE THAN PROVIDED FOR IN
12 THIS SECTION OR TO PLACE SUCH OFFENDER ON PROBATION OR TO
13 SUSPEND THE SENTENCE.
14 SECTION 6. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR
15 AS THEY ARE INCONSISTENT WITH THIS ACT.
16 Section 2 7. This act shall take effect in 60 days. <--
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