PRINTER'S NO. 2013
No. 1579 Session of 1985
INTRODUCED BY LUCYK, WOZNIAK, McCALL AND BATTISTO, JUNE 28, 1985
REFERRED TO COMMITTEE ON INSURANCE, JUNE 28, 1985
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing that participation in the Catastrophic
3 Loss Trust Fund shall be optional; and repealing mandatory
4 financial responsibility.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "eligible claimant" and
8 "ineligible claimant" in section 1761 of Title 75 of the
9 Pennsylvania Consolidated Statutes are 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
19 a motor vehicle in the United States, its territories or
1 possessions and Canada, the owner of which is current in payment
2 of charges levied for participation in the Catastrophic Loss
3 Trust Fund. The estate of an eligible claimant shall be entitled
4 to receive catastrophic loss benefits pursuant to section 1766
5 to the extent that financial obligations for reasonable and
6 necessary medical treatment and rehabilitative services were
7 incurred by the eligible claimant prior to the death of that
8 person. Otherwise eligible claimants shall not be disqualified
9 from participating in or receiving benefits from the
10 Catastrophic Loss Trust Fund for injuries suffered after the
11 effective date of this subchapter but prior to their first
12 registration renewal after the effective date of this
13 subchapter.
14 * * *
15 "Ineligible claimant." Any of the following:
16 (1) A person who is the owner of a motor vehicle who has
17 not complied with the registration requirements of Chapter 13
18 (relating to registration of vehicles).
19 (2) A person who is the driver or occupant of a
20 recreational vehicle not intended for highway use, a
21 motorcycle, a motorized pedalcycle, a motor-driven cycle or
22 like type vehicle required to be registered under this title
23 but not subject to the charge levied in section 1762
24 (relating to funding).
25 (3) A person who is the owner of a motor vehicle and who
26 has not elected to participate in the Catastrophic Loss Trust
27 Fund.
28 * * *
29 Section 2. Section 1762 of Title 75 is amended to read:
30 § 1762. Funding.
19850H1579B2013 - 2 -
1 (a) General rule.--The Catastrophic Loss Trust Fund shall be
2 funded by levying an initial charge of $5 upon all motor
3 vehicles required to be registered under Chapter 13 (relating to
4 registration of vehicles) except trailers, recreational vehicles
5 not intended for highway use, motorcycles, motor-driven cycles,
6 motorized pedalcycles or like type vehicles, the owners of which
7 have elected to participate in the Catastrophic Loss Trust Fund.
8 This charge shall be remitted to an insurance company or other
9 party as may be designated by the Insurance Department. Upon
10 receipt of the charge, the insurance company or other designated
11 party shall remit it to the Insurance Department for deposit in
12 the trust fund. The Catastrophic Loss Trust Fund Board shall, by
13 regulation, determine by January 1 of each calendar year the
14 amount of the fund charge for each registration year subsequent
15 to the initial registration year and shall notify the Insurance
16 Department which shall notify the insurance companies or other
17 designated parties to collect the charge.
18 (b) Election to participate.--Any owner of a motor vehicle
19 required to be registered under Chapter 13, except trailers,
20 recreational vehicles not intended for highway use, motorcycles,
21 motor-driven cycles, motorized pedalcycles or like-type
22 vehicles, may elect to participate in the Catastrophic Loss
23 Trust Fund. It is the duty of the Department of Transportation
24 to send a notice to all owners of such motor vehicles informing
25 them of the availability of participation in the trust fund,
26 explaining the advantages of participation and explaining that
27 participation is optional.
28 Section 3. Section 1763 of Title 75 is repealed.
29 Section 4. Section 1773 of Title 75 is amended to read:
30 § 1773. Continuation of suspension until judgments paid [and
19850H1579B2013 - 3 -
1 proof given].
2 A person's operating privilege shall remain suspended and
3 shall not be renewed in the name of that person unless and until
4 every judgment is stayed[,] or satisfied in full or to the
5 extent provided in this subchapter[, and until the person
6 furnishes proof of financial responsibility as required].
7 Section 5. Sections 1781, 1783, 1784 and 1785 of Title 75
8 are repealed.
9 Section 6. Section 1787(d) of Title 75 is amended to read:
10 § 1787. Self-insurance.
11 * * *
12 (d) Catastrophic Loss Trust Fund.--Self-insurers who elect
13 to participate in the Catastrophic Loss Trust Fund shall
14 contribute to the Catastrophic Loss Trust Fund in the manner
15 provided in Subchapter F (relating to Catastrophic Loss Trust
16 Fund).
17 * * *
18 Section 7. This act shall take effect immediately.
F26L75JAM/19850H1579B2013 - 4 -