PRINTER'S NO. 505
No. 493 Session of 1999
INTRODUCED BY GERLACH AND HART, FEBRUARY 25, 1999
REFERRED TO BANKING AND INSURANCE, FEBRUARY 25, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for registration criteria;
3 providing for insurer reporting of policy information, for
4 uninsured motorist identification database and for testing of
5 information and notices; and establishing the Uninsured
6 Motorist Identification Restricted Account.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1304(a) of Title 75 of the Pennsylvania
10 Consolidated Statutes is amended to read:
11 § 1304. Registration criteria.
12 (a) General rule.--Except as otherwise provided in this
13 section, vehicles shall be registered for a flat fee. In
14 addition to the flat fee, a fee of $1 shall be charged for each
15 new or renewed registration and shall be paid into the Uninsured
16 Motorist Identification Restricted Account established in
17 section 1709 (relating to Uninsured Motorist Identification
18 Restricted Account).
19 * * *
1 Section 2. Title 75 is amended by adding sections to read:
2 § 1706. Insurer reporting of policy information.
3 (a) Duty to report.--An insurer that issues policies of
4 automobile insurance subject to this chapter shall, on or before
5 the seventh day of each calendar month, provide to the
6 department a record of each such automobile insurance policy in
7 effect as of the previous month in accordance with section 1707
8 (relating to uninsured motorist identification database).
9 (b) Contents of record.--The record required by this section
10 shall include:
11 (1) The name, date of birth, address and driver's
12 license number of each insured owner or operator.
13 (2) The make, year and vehicle identification number of
14 each insured vehicle.
15 (3) The policy number, effective date and expiration
16 date of each policy.
17 (4) Such other information as requested by the
18 department.
19 (c) Form of record.--The record shall be submitted to the
20 department on magnetic tape or other medium acceptable to the
21 department.
22 (d) Penalty.--An insurer that violates this section shall be
23 subject to a fine of up to $250 for each day that the insurer
24 fails to come into compliance with this section. If an insurer
25 demonstrates to the department that the violation was
26 inadvertent, accidental or the result of excusable neglect, the
27 department may not impose a fine.
28 § 1707. Uninsured motorist identification database.
29 (a) Establishment of program.--There is hereby established
30 the Uninsured Motorist Identification Database Program to
19990S0493B0505 - 2 -
1 assemble and maintain a database of insured motor vehicle
2 information in order to verify that persons subject to
3 Subchapter H (relating to proof of financial responsibility) are
4 in compliance with the requirements of that subchapter.
5 (b) Administration.--The program shall be administered by
6 the department and the department shall enter into a contract
7 with a designated agent for this purpose. The department may not
8 agree to pay the designated agent under the contract a sum
9 greater than the amount available in the account established in
10 section 1709 (relating to Uninsured Motorist Identification
11 Restricted Account).
12 (c) Duties of designated agent.--The designated agent under
13 this section shall assemble and maintain a computer database
14 from the information provided by insurers under section 1706
15 (relating to insurer reporting of policy information) and the
16 department under subsection (d). The database shall be developed
17 and maintained in accordance with guidelines established by the
18 department in order for the State and local law enforcement
19 agencies to efficiently access the database. On a monthly basis
20 the designated agent shall:
21 (1) Update the database with the motor vehicle insurance
22 information provided by insurers.
23 (2) Compare all current motor vehicle registrations
24 against the database.
25 (d) Information from department.--The department shall
26 provide the designated agent with the name, date of birth,
27 address and driver's license number of all persons on the
28 database.
29 (e) Confidentiality of information.--
30 (1) The information contained in the database shall not
19990S0493B0505 - 3 -
1 be construed as a public record subject to the act of June
2 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know
3 Law.
4 (2) The information contained in the database may be
5 disclosed by the department or the designated agent for the
6 purpose of an investigation or for enforcement by a State or
7 local law enforcement agency of a person's compliance with
8 Subchapter H. The department or designated officer shall
9 verify and issue a certificate regarding the insurance status
10 according to the information in the database for the time
11 period designated by the law enforcement agency.
12 (3) The department or designated agent shall, upon
13 written request and regardless of whether the person is
14 insured, provide the information regarding the person to:
15 (i) The person.
16 (ii) The person's parent or legal guardian if the
17 individual is an unemancipated minor.
18 (iii) The person's legal guardian if the person is
19 legally incapacitated.
20 (iv) The person's attorney-in-fact.
21 (v) Another person who submits a notarized release
22 from the person dated no more than 90 days before the
23 date the request is made.
24 (vi) Another person who suffers loss or injury as a
25 result of a motor vehicle accident with the person.
26 (f) Offense.--Any person who knowingly releases or discloses
27 information from the database for a purpose or to a person other
28 than those authorized by this section commits a felony of the
29 third degree.
30 (g) Immunity.--An insurer may not be liable to any person
19990S0493B0505 - 4 -
1 for providing information to the department or designated agent
2 in accordance with this section. The Commonwealth, department
3 and designated agent may not be liable to any person for
4 collecting, maintaining or using the information in the
5 database.
6 § 1708. Testing of information and notices.
7 (a) Initial notice.--If the designated agent's comparison
8 under section 1707(c)(2) (relating to uninsured motorist
9 identification database) demonstrates that a motor vehicle is
10 not insured in accordance with Subchapter H (relating to proof
11 of financial responsibility) for three consecutive months, the
12 designated agent shall notify the department, and the department
13 may direct the designated agent to provide notice to the owner
14 of the motor vehicle that the owner has 45 days to provide proof
15 of compliance with or exemption from that subchapter.
16 (b) Additional notices.--If the owner of a motor vehicle
17 that has been given notice under subsection (a) fails to provide
18 satisfactory proof to the designated agent, the department may
19 direct the designated agent to provide additional notices.
20 (c) Applicability and construction.--This section shall not
21 be applicable to a farm vehicle. Nothing in this section shall
22 be construed to impair other actions or penalties that may be
23 imposed for violations of this chapter.
24 § 1709. Uninsured Motorist Identification Restricted Account.
25 (a) Establishment.--The Uninsured Motorist Identification
26 Restricted Account is hereby established in the Motor License
27 Fund. The account shall consist of the moneys collected from the
28 $1 fee set forth in section 1304(a) (relating to registration
29 criteria), appropriations made by law and any other available
30 moneys. The moneys of the account shall be invested separately
19990S0493B0505 - 5 -
1 as provided by law and all interest earned thereon shall be
2 credited to the account.
3 (b) Use of funds.--The moneys of the account shall be used
4 exclusively for the department's contract with the designated
5 agent authorized by section 1707 (relating to uninsured motorist
6 identification database) and to offset the costs incurred by
7 State and local law enforcement agencies in verifying insurance
8 coverage under this chapter.
9 Section 3. This act shall take effect in 60 days.
B2L75DMS/19990S0493B0505 - 6 -