PRIOR PRINTER'S NO. 651 PRINTER'S NO. 926
No. 589 Session of 1989
INTRODUCED BY CARN, WESTON, JOSEPHS, THOMAS, JAMES, ROEBUCK, ACOSTA, COHEN, PRESTON, SALOOM, FOX, OLIVER, TIGUE, CAWLEY, HARPER, DALEY, ROBINSON, BELARDI, RICHARDSON, EVANS, WILLIAMS AND J. TAYLOR, FEBRUARY 15, 1989
AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 14, 1989
AN ACT 1 To provide an optional automobile insurance plan to cover, at an 2 affordable rate, all responsible drivers in cities of the 3 first class; and creating the Philadelphia Automobile 4 Insurance Authority and defining its powers and duties; and <-- 5 making an appropriation. 6 TABLE OF CONTENTS 7 Section 1. Short title. 8 Section 2. Definitions. 9 Section 3. Authority created. 10 Section 4. Rights, powers and purposes. 11 Section 5. Operating budgets. 12 Section 6. Governing board. 13 Section 7. Sovereign immunity. 14 Section 8. Moneys of authority. 15 Section 9. Additional Commonwealth pledge. 16 Section 10. Exemption from taxation. 17 Section 11. Appropriation. 18 Section 12. Effective date.
1 The General Assembly of the Commonwealth of Pennsylvania 2 hereby enacts as follows: 3 Section 1. Short title. 4 This act shall be known and may be cited as the Philadelphia 5 Automobile Insurance Authority Act. 6 Section 2. Definitions. 7 The following words and phrases when used in this act shall 8 have the meanings given to them in this section unless the 9 context clearly indicates otherwise: 10 "Authority" or "Philadelphia Automobile Insurance Authority." 11 An agency and public instrumentality of this Commonwealth and a 12 body politic and corporate created pursuant to this act. 13 "Board." The governing body of an authority. 14 "City." Any city or county of the first class. 15 "Commissioner." The Insurance Commissioner of the 16 Commonwealth. 17 "Federal agency" or "Federal Government." The United States, 18 the President of the United States and any department or 19 corporation, agency or instrumentality heretofore or hereafter 20 created, designated or established by the United States. 21 "Plan." The detailed proposals and recommendations issued by 22 the authority which would provide adequate and fair coverage to 23 all responsible drivers within cities of the first class and 24 which address the issues of fraud, high rates and other 25 insurance problems that plague large cities. 26 "Secretary." The Secretary of the Budget of the 27 Commonwealth. 28 "State public body." The Commonwealth and its agencies 29 (executive, administrative and independent), departments, 30 officers, boards, authorities, commissions and 19890H0589B0926 - 2 -
1 instrumentalities. 2 Section 3. Authority created. 3 A body corporate and politic, to be known as the Philadelphia 4 Automobile Insurance Authority, is hereby created as a public 5 authority and government instrumentality to have continuing 6 succession until its existence is terminated by law. The 7 exercise by the authority of the powers conferred by this act is 8 hereby declared to be and shall for all purposes be deemed and 9 held to be the performance of an essential public function. The 10 Philadelphia Automobile Insurance Authority is exempt from 11 participation in the Pennsylvania Insurance Guaranty Association 12 provided by the act of November 25, 1970 (P.L.716, No.232) known 13 as The Pennsylvania Insurance Guaranty Association Act. 14 Section 4. Rights, powers and purposes. 15 (a) General powers and purposes.--Every authority created by 16 this act shall be a public body, corporate and politic, 17 exercising public powers of the Commonwealth as an agency and 18 instrumentality thereof and shall be for the purpose, without 19 limitation, by itself or by agreement in cooperation with 20 others, of acquiring, providing, holding, managing, operating, 21 financing, insuring or guaranteeing assets for the purposes of 22 providing automobile insurance other motor vehicle insurance and 23 establishing automobile and other motor vehicle insurance rates 24 that are fair to most drivers in cities of the first class. 25 (b) Specific powers and purposes.--The authority is granted 26 all powers necessary or convenient for the carrying out of the 27 aforesaid purposes, including, without limiting the generality 28 of the foregoing, the following rights, powers and purposes: 29 (1) To implement a health care cost containment program 30 with set fees for services and a peer review process. 19890H0589B0926 - 3 -
1 (2) To require the use of anti-theft and anti-vandalism 2 techniques and devices and provide for discounts with their 3 use. 4 (3) To exempt participants in the authority's insurance 5 plan from established minimum required auto coverages to the 6 following minimum requirements: 7 (i) Bodily injury liability of $15,000 per person. 8 (ii) Bodily injury liability of $30,000 per 9 accident. 10 (iii) Property damage liability of $5,000. 11 (4) To contract with particular well managed, skilled 12 and low-cost body shops in order to provide special deduction 13 to individuals that use the services of these "preferred 14 shops." 15 (5) To provide collision and comprehensive coverages 16 with a $500 deductible or more. 17 (6) To require medical bills to exceed $10,000 or 18 injuries resulting in permanent disability or disfigurement 19 before a suit can be filed in court. 20 (7) To implement fraud control programs and other 21 activities. 22 (8) To have continuing succession. 23 (9) To sue and be sued, implead and be impleaded, 24 complain and defend in all courts. 25 (10) To adopt, use and alter, at will, a corporate seal. 26 (11) To acquire by gift or otherwise, purchase, hold, 27 receive, lease, sublease and use any license, franchise or 28 property, real, personal or mixed, tangible or intangible, or 29 any interest therein. 30 (12) To sell, transfer or dispose of any property or 19890H0589B0926 - 4 -
1 interest therein with adequate and fair consideration. 2 (13) To make bylaws for the management and regulation of 3 its affairs and issue rules, regulations and policies in 4 connection with the performance of its functions and duties. 5 (14) To appoint officers, agents, employees and 6 servants, to prescribe their duties and to fix their 7 compensation. 8 (15) To fix, alter, charge and collect insurance 9 premiums, payments, fees and other charges. 10 (16) To borrow money for the purpose of paying the costs 11 of any plan and to evidence the same. 12 (17) To make, enter into and award contracts of every 13 name and nature and to execute all instruments necessary or 14 convenient for the carrying out of its business. 15 (18) To borrow money and accept grants and to enter into 16 contracts, leases, subleases, licenses or other transactions 17 with any Federal agency, State public body, political 18 subdivision, person, association, partnership or corporation. 19 (19) To pledge, hypothecate or otherwise encumber any of 20 its property, real, personal or mixed, tangible or 21 intangible, and its revenues or receipts. 22 (20) To invest its money. 23 (21) To cooperate with any Federal agency, State public 24 body or political subdivision. 25 (22) To invest any funds held in reserve or sinking 26 funds, or any funds not required for immediate disbursements, 27 as authorized by section 13(d). 28 (23) To appoint all officers, agents and employees 29 required for the performance of its duties and fix and 30 determine their qualifications, duties and compensation and 19890H0589B0926 - 5 -
1 retain or employ other agents or consultants, including, but 2 not limited to, auditors, private counsel and private 3 consultants on a contract basis or otherwise for rendering 4 professional or technical services and advice. 5 (24) To enroll its employees in an existing retirement 6 system of the State, city or other governmental entity. 7 (25) To appoint and fix the compensation of chief 8 counsel and such assistant counsel to provide it with legal 9 assistance, for which purpose the authority shall not be 10 considered either an executive agency or an independent 11 agency for the purpose of the act of October 15, 1980 12 (P.L.950, No.164), known as the Commonwealth Attorneys Act, 13 but shall possess the same status for such purpose as the 14 Auditor General, State Treasurer and the Pennsylvania Public 15 Utility Commission, except that the provisions of section 16 204(b) and (f) of the Commonwealth Attorneys Act shall not 17 apply to the authority, and, notwithstanding the provisions 18 of 42 Pa.C.S. § 8525 (relating to legal assistance), the 19 authority through its counsel shall defend actions brought 20 against the authority and its officers and employees when 21 acting within the scope of their official duties. 22 (26) To maintain an office in the city. 23 (27) To appoint an executive director, who shall be the 24 chief executive officer of the authority, who shall devote 25 his full time during business hours to the duties of his 26 office and who shall receive compensation as the board shall 27 determine. 28 (28) To do all acts and things necessary or convenient 29 for the promotion of its purposes and the general welfare of 30 the authority and to carry out the powers granted to it by 19890H0589B0926 - 6 -
1 this act or any other acts. 2 (c) Limitation.--The authority shall have no power to pledge 3 the credit or taxing powers of any State public body, any 4 political subdivision or the city, nor shall any of its 5 obligations be deemed obligations of any State public body, any 6 political subdivision or the city, nor shall any State public 7 body, any political subdivision or the city, be liable for the 8 payment of principal or interest on such obligations. 9 (d) Affirmative action.--The authority shall develop and 10 implement an affirmative action plan to assure that all persons 11 are accorded equality of opportunity in treatment, employment 12 and contracting by the authority, its contractors, 13 subcontractors, assignees, lessees and agents. 14 Section 5. Operating budgets. 15 (a) Operating budget.--At least 90 days before the 16 commencing of the ensuing fiscal year of the authority, the 17 board shall cause to be prepared and submitted to it a 18 recommended operating budget. The operating budget shall set 19 forth the estimated receipts and revenues of the authority 20 during the next fiscal year. The board shall, at least 30 days 21 before the end of the fiscal year, adopt, by a majority vote of 22 its members, an operating budget for the next fiscal year. 23 (b) Insurance plan.--Notwithstanding any other provisions of 24 this law to the contrary, the design for any plan undertaken by 25 the authority shall be submitted to the commissioner for 26 approval. No such plan may be undertaken by the authority unless 27 and until approved by the commissioner. Upon approval, the 28 commissioner may issue a certificate of authority to do 29 business. 30 Section 6. Governing board. 19890H0589B0926 - 7 -
1 (a) Power.--The power of the authority shall be exercised by 2 a governing board (hereinafter called the "board") composed of 3 seven members. 4 (1) The Governor shall appoint two members who shall be 5 residents of counties of the first class. The members 6 initially appointed pursuant to this paragraph shall serve 7 two years. If any vacancy is created by any of the members 8 provided by this subsection, appointments shall be made by 9 the governor. 10 (2) The Governor shall appoint two members who shall 11 represent the Commonwealth at large, who shall not be members 12 of the same political party. The members initially appointed 13 pursuant to this paragraph shall serve for terms coincident 14 with the term of the Governor. The Governor shall appoint the 15 two members from each of two lists of at least four nominees, 16 each prepared and submitted to the Governor respectively by 17 the floor leaders of the Senate and the House of 18 Representatives who belong to the same political party. Each 19 floor leader may contribute at least two names to the 20 appropriate list and shall submit such nominees to the 21 Governor. The Governor shall select a member from each list 22 within 30 days of receipt of each list, or else may request 23 one substitute list of nominees from both or either group of 24 floor leaders. If both or either group of floor leaders fail 25 to submit a list of nominees within 30 days of a request to 26 do so by the Governor or fail to submit a receipt of a 27 request to do so, the Governor may appoint such member or 28 members, for which lists of nominees were not submitted, at 29 his discretion. In the event one of the two floor leaders 30 responsible for the submission of nominees for a list fails 19890H0589B0926 - 8 -
1 to submit such nominees, the Governor shall act upon the 2 nominees submitted by the other floor leader as if he had 3 received nominees from both floor leaders. If the Governor 4 fails to select a member from either list of nominees within 5 30 days of receipt of such list and fails to request a 6 substitute list, or fails to select a member from the 7 substitute list within 30 days of receipt of such list, the 8 floor leaders who prepared the list may appoint a member to 9 serve on the board. Whenever a vacancy occurs prior to the 10 completion of the term of office of a member appointed 11 pursuant to this subsection, the floor leaders belonging to 12 the same political party as the board member whose seat has 13 become vacant did at the time of appointment of such member 14 shall submit a list of nominees to replace such member to the 15 Governor. In the event of a vacancy in the office of an 16 initial gubernatorial appointee, a replacement member shall 17 be appointed pursuant to the procedures set forth in this 18 subsection. 19 (3) The chief executive officer of the city of the first 20 class shall appoint two members. The terms of office of such 21 members shall run concurrently with the term of office of 22 such appointing authority. 23 (4) The initial appointment of board members shall have 24 no force and effect unless and until the six members provided 25 by paragraphs (1), (2) and (3) have been appointed, which 26 event shall constitute the formation of the board. 27 (5) The six members so appointed shall appoint a seventh 28 member, who shall serve as chairman of the board, by a vote 29 of at least four members of the board. The initial term of 30 the chairman shall be for a term of four years. In the event 19890H0589B0926 - 9 -
1 that the members cannot agree on the initial seventh member 2 within 90 days of the creation of the authority, or the 3 members cannot agree upon the selection of a chairman in the 4 event the office of chairman becomes vacant within 90 days of 5 the occurrence of such vacancy, the Governor shall appoint 6 the member. The chairman may be removed and a new chairman 7 may be selected by the vote of five members of the board. 8 (6) If, at any time, the commissioner is not an 9 appointed member of the board, he shall serve as a nonvoting 10 ex officio member of the board. 11 (b) Terms and vacancies.--Except as otherwise provided, 12 initial board members shall serve until their successors have 13 been appointed and qualified. Thereafter, except as otherwise 14 provided, members shall serve a term from the date of their 15 appointment and until their successors have been appointed and 16 qualified. If a vacancy shall occur by means of the death, 17 disqualification, resignation or removal of a member or the 18 chairman, subject to the provisions of subsection (a), the 19 appointing authority shall appoint a successor to fill his 20 unexpired term. 21 (c) Compensation.--Subject to such aggregate per annum 22 limitation and any other rules and regulations as the board 23 shall determine, a member shall receive $125 per diem when 24 engaged in the exercise of his duties for the authority and 25 shall also be entitled to necessary expenses, including 26 traveling expenses, incurred in the discharge of his duties. In 27 addition, the chairman of the board of the authority shall be 28 entitled to receive such additional compensation as the board 29 shall determine. No other member of the board shall be entitled 30 to any additional compensation for extra service provided to the 19890H0589B0926 - 10 -
1 authority. The per diem amount may be increased by a vote of 2 five members of the board, but any such increase shall not apply 3 during the term of office of board members voting or eligible to 4 vote on such per diem increase. 5 (d) Organization.--The members of the board shall select 6 from among themselves a vice chairman and such other officers as 7 the board may determine. Except as otherwise provided, all 8 actions of the board shall be taken by a vote of at least four 9 members of the board, which shall constitute a majority of the 10 board, unless the bylaws of the authority shall provide for a 11 greater vote. The board shall have full authority to manage the 12 business of the authority and to prescribe, amend and repeal 13 bylaws, rules and regulations governing the manner in which the 14 business of the authority may be conducted and the powers 15 granted to it may be exercised and embodied. Notwithstanding any 16 other law, court decision, precedent or practice to the 17 contrary, no actions by or on behalf of the board shall be taken 18 by any officer of the board except upon the approval of a 19 majority of the board. The term "actions by or on behalf of the 20 board" means any action whatsoever of the board, including, but 21 not limited to, the hiring, appointment, removal, transfer, 22 promotion or demotion of any officers and employees, the 23 retention, use or remuneration of any advisors, counsel, 24 auditors or consultants, the initiation of any legal action, the 25 making of any contracts, agreements, notes or covenants, the 26 approval of requisitions, purchase orders, investments and 27 reinvestments, and the adoption, amendment, revision or 28 rescission of any rules and regulations, orders or other 29 directives. The chairman, vice chairman or any other officer, 30 committee or employee of the board may take actions by or on 19890H0589B0926 - 11 -
1 behalf of the board as authorized at least annually by a vote of 2 four members of the board and subject always to the supervision 3 and control of the board. 4 (e) Nonliability of members.--Members of the board shall not 5 be liable personally on obligations of the authority, and the 6 rights of creditors shall be solely against such authority. The 7 authority, itself or by contract, shall defend board members, 8 and the authority shall indemnify and hold harmless board 9 members, whether currently employed by the authority or not, 10 against and from any and all personal liabilities, actions, 11 causes of action, and any and all claims made against them for 12 whatever actions they perform within the scope of their duties 13 as board members. 14 Section 7. Sovereign immunity. 15 It is hereby declared to be the intent of the General 16 Assembly that the authority created pursuant to this act and its 17 officers, officials and employees shall enjoy sovereign and 18 official immunity, as provided in 1 Pa.C.S. § 2310 (relating to 19 sovereign immunity reaffirmed; specific waiver), and remain 20 immune from suit except as provided by and subject to the 21 provisions of 42 Pa.C.S. §§ 8501 (relating to definitions) 22 through 8528 (relating to limitations on damages). 23 Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to 24 legal assistance), the authority through its counsel shall 25 defend actions brought against the authority and its officers 26 and employees when acting within the scope of their official 27 duties. 28 Section 8. Moneys of authority. 29 (a) Paid to treasurer.--All moneys of the authority, from 30 whatever source derived, shall be paid to the treasurer of the 19890H0589B0926 - 12 -
1 authority. 2 (b) Funds to be invested.--The board shall invest authority 3 funds consistent with sound business practice. 4 (c) Investment program.--The board shall provide for an 5 investment program subject to restrictions contained in this act 6 and in any other applicable statute and any rules and 7 regulations adopted by the board. 8 (d) Authorized types of investments.--Authorized types of 9 investments for authority funds shall be: 10 (1) Direct obligations of or obligations guaranteed by 11 the United States of America. 12 (2) Any bond, debenture, note, participation certificate 13 or other similar obligation issued by any one or combination 14 of the following agencies: Government National Mortgage 15 Corporation, Federal Land Banks, Federal Home Loan Banks, 16 Federal Intermediate Credit Banks, Banks for Cooperatives, 17 Tennessee Valley Authority, United States Postal Service, 18 Farmers Home Administration, the Student Loan Marketing 19 Association and Export-Import Bank of the United States. 20 (3) Any bond, debenture, note, participation certificate 21 or other similar obligation issued by the Federal National 22 Mortgage Corporation to the extent such obligations are 23 guaranteed by the Government National Mortgage Corporation or 24 issued by any other Federal agency and backed by the full 25 faith and credit of the United States of America. 26 (4) Deposits in interest-bearing time or demand 27 deposits, or certificates of deposit, fully insured by the 28 Federal Deposit Insurance Corporation, or its successors, or 29 the Federal Savings and Loan Insurance Corporation, or its 30 successor, or fully secured by any of the obligations 19890H0589B0926 - 13 -
1 described above to the extent not so insured. 2 (5) Repurchase agreements relating to, or investment 3 agreements secured by or providing for the acquisition of 4 and, if applicable, resale of, obligations described in 5 paragraphs (1) through (4) or obligations of Federal Home 6 Loan Mortgage Corporation or Federal National Mortgage 7 Association, with: 8 (i) banks or trust companies (which may include any 9 banking entity or depository); 10 (ii) brokers or broker-dealers registered under the 11 Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. 12 §§ 78a-78jj) acceptable to the authority; or 13 (iii) insurance companies rated A+ or better by 14 Best's having a net capital and surplus of at least 15 $25,000,000 or certificates of deposit with such banks or 16 trust companies fully secured as to principal and accrued 17 interest by obligations described in paragraphs (1) 18 through (4) deposited with or subject to the control of 19 the authority. 20 (6) Money market deposit accounts of banks or trust 21 companies having a net capital and surplus of at least 22 $25,000,000 (which may include any banking entity or 23 depository). 24 (7) The description of authorized investments as set 25 forth herein in paragraphs (5) and (6) shall only be met if 26 the agreements referenced therein provide for the repayment 27 of the principal amount invested at an amount not less than 28 that so invested. Whenever security is required as set forth 29 herein in paragraphs (4) through (6), such security shall be 30 deposited with the treasurer of the authority or be held by a 19890H0589B0926 - 14 -
1 trustee or agent satisfactory to the authority. Moneys of the 2 authority shall be paid out on the warrant or other order of 3 the chairman of the authority or of such other person or 4 persons as the authority may authorize to execute such 5 warrants or orders. 6 (e) Annual report to be filed; annual audits.--Every 7 authority shall file an annual report with the Department of 8 Insurance. The authority shall have its books, accounts and 9 records audited annually in accordance with generally accepted 10 auditing standards by an independent auditor who shall be a 11 certified public accountant or competent public accountant, and 12 a copy of his audit report shall be attached to and be made a 13 part of the aforesaid annual report. A concise financial 14 statement shall be published annually in the Pennsylvania 15 Bulletin. The Philadelphia Automobile Insurance Authority will 16 submit detailed information on claims, premiums, investment 17 income and losses to the Department of Insurance in a 18 computerized format so that the department may better represent 19 the interests of policyholders in reviewing rate requests. 20 Section 9. Additional Commonwealth pledge. 21 The Commonwealth does hereby pledge to and agree with any 22 person who, contracts an authority created pursuant to this act, 23 that the Commonwealth will not limit or alter the rights and 24 powers hereby vested in the authority or otherwise created by 25 this act in any manner which impairs the obligations of the 26 authority until all such obligations of the authority under such 27 lease or sublease are fully met and discharged. 28 Section 10. Exemption from taxation. 29 The effectuation of the authorized purposes of authorities 30 created under this act shall and will be in all respects for the 19890H0589B0926 - 15 -
1 benefit of the people of this Commonwealth, for the increase of 2 their commerce and prosperity and for the improvement of their 3 health and living conditions; and, since authorities will, as 4 public instrumentalities of the Commonwealth, be performing 5 essential governmental functions in effectuating such purposes, 6 such authorities shall not be required to pay any taxes or 7 assessments upon any insurance products, or any property <-- 8 acquired or used or permitted to be used by them. 9 Section 11. Appropriation. <-- 10 The sum of $5,000,000, or as much thereof as may be 11 necessary, is hereby appropriated to the Insurance Department to 12 be used to implement the provisions under section 4. 13 Section 12 11. Effective date. <-- 14 This act shall take effect immediately. B9L53RDG/19890H0589B0926 - 16 -