PRINTER'S NO. 729 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No.710 Session of 2025 INTRODUCED BY BENNINGHOFF, ARMANINI, CIRESI, FREEMAN, HANBIDGE, KINKEAD, KULIK, PICKETT, PROBST, PUGH, RADER, RIVERA, ROAE, SMITH, STENDER, CURRY, BERNSTINE AND McANDREW, FEBRUARY 24, 2025 REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 24, 2025 AN ACT Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in financial responsibility, further providing for required financial responsibility and providing for online verification of financial responsibility. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 1786(b), (c), (e)(3) and (g)(1) of Title 75 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding a subsection to read: § 1786. Required financial responsibility. * * * (b) Self-certification.-- (1) The Department of Transportation sha ll require that each motor vehicle registrant certify that the registrant is financially responsible at the time of registration or renewal thereof. The department shall refuse to register or renew the registration of a vehicle for failure to comply with this requirement or falsification of self-certification. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (2) The department shall verify financial responsibility information self-certified by a motor vehicle registrant through the verification system established under section 1786.1 (relating to online verification of financial responsibility). If the verification system provides no evidence of financial responsibility, the department shall send the owner or registrant a notice providing the owner or registrant the opportunity to provide proof of financial responsibility to the department. (c) Consent to produce proof of financial responsibility.-- (1) Upon registering a motor vehicle or renewing a motor vehicle registration, the owner of the motor vehicle shall be deemed to have given consent to produce proof, upon request, to the Department of Transportation or a police officer that the vehicle registrant has the financial responsibility required by this chapter. Proof of financial responsibility may be satisfied under this chapter by production of a financial responsibility identification card in paper or electronic form. (2) If an owner of a motor vehicle [ is providing] provides electronic proof of financial responsibility to a police officer, the police officer shall only view content that is reasonably necessary to demonstrate proof of financial responsibility. (3) The owner of the electronic device assumes liability for any damage to the electronic device containing the financial responsibility identification card while in possession of the police officer or agents of the department. (4) Proof of financial responsibility may be satisfied through the online verification system established under 20250HB0710PN0729 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 section 1786.1. A motor vehicle owner or registrant is not required to provide a financial responsibility identification card if coverage is confirmed through the online verification system. * * * (e) Obligations upon lapse, termination or cancellation of financial responsibility.-- * * * (3) An insurer who has issued a contract of motor vehicle liability insurance and knows or has reason to believe that the contract is only for the purpose of providing proof of financial responsibility shall notify the department if the insurance has been canceled or terminated by the insured or by the insurer. The insurer shall notify the department not later than ten days following the effective date of the cancellation or termination. This paragraph shall not apply to an insurer that participates in the verification system established under section 1786.1. * * * (g) Defenses.-- (1) No person shall be convicted of failing to produce proof of financial responsibility under this subchapter or section 3743 (relating to accidents involving damage to attended vehicle or property) or 6308 (relating to investigation by police officers) if the person produces, at the office of the issuing authority within five days of the date of the violation, proof that he possessed the required financial responsibility at the time of the violation. Proof of required financial responsibility shall include verification of financial responsibility through the 20250HB0710PN0729 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 verification system established under section 1786.1. * * * (i) Online verification.--If the verification system established under section 1786.1 provides no evidence of financial responsibility, the Department of Transportation shall send the owner or registrant a notice providing the owner or registrant the opportunity to provide proof of financial responsibility. Section 2. Title 75 is amended by adding a section to read: § 1786.1. Online verification of financial responsibility. (a) Duty to establish verification system.--The department shall establish a common-carrier-based system for online verification of financial responsibility as required by this chapter. (b) System requirements.-- (1) The verification system shall transmit requests to insurers for verification of motor vehicle liability insurance via Internet website services established by the insurers in compliance with the specifications and standards of the Insurance Industry Committee On Motor Vehicle Administration. Insurance company systems shall respond to each request with a prescribed response upon evaluation of the data provided in the request. (2) The verification system shall include appropriate provisions to secure the data against unauthorized access. (3) The verification system shall be used for verification of motor vehicle liability insurance as prescribed by the laws of this Commonwealth and shall be accessible to authorized personnel of the department, the courts, law enforcement personnel and other entities 20250HB0710PN0729 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 authorized by the Commonwealth as permitted by Federal or State privacy laws. (4) The verification system shall be capable of interfacing with existing department-owned or Commonwealth- owned electronic systems. (5) The verification system shall enable the department to make inquiries to insurers of motor vehicle liability insurance that is consistent with the Insurance Industry Committee On Motor Vehicle Administration recommendations, specifications and standards by using the following data elements for greater matching accuracy: (i) insurer National Association of Insurance Commissioners company code; (ii) vehicle identification number; (iii) policy number; (iv) verification date; or (v) information as otherwise described in the specifications and standards of the Insurance Industry Committee On Motor Vehicle Administration. (6) The verification system shall respond to a request for financial responsibility information within a period established by the department. (7) The department may contract with one or more private third parties to implement this section and shall procure the services in accordance with 62 Pa.C.S. (relating to procurement). (8) The department and any contracted third party shall maintain a contact person for insurers during the establishment, implementation and operation of the verification system. 20250HB0710PN0729 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (c) Participation required.--An insurer that issues at least 1,000 contracts of motor vehicle liability insurance in this Commonwealth shall: (1) Provide access to motor vehicle liability insurance policy information to the department or a third party as required by this section and rules and regulations promulgated by the department. (2) Cooperate with the department in establishing and maintaining the verification system established under subsection (a) as required by this section and rules and regulations promulgated by the department. (3) Have the ability to respond to and confirm a request for verification of financial responsibility for at least six months prior to the date of the request for verification of financial responsibility. (d) Alternative reporting methodology.--The department may develop an alternative reporting methodology for an insurer that issues fewer than 1,000 contracts of motor vehicle liability insurance in this Commonwealth. (e) Liability.--An insurer complying in good faith with this section or rules and regulations promulgated by the department under this section shall be immune from civil and administrative liability for noncompliance with this section. (f) Confidential records.--Information, data or records submitted to or maintained by the verification system established under subsection (a) are not subject to access and duplication under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. (g) Report.--No later than two years after the effective date of this section, the department, in consultation with 20250HB0710PN0729 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 insurers, shall issue a report to the General Assembly. The report shall include the following: (1) Costs incurred by the department and insurers related to the implementation of this section. (2) The effectiveness of the verification system with reducing the number of uninsured motor vehicles. (3) Any other information at the discretion of the department. (h) Construction.--Nothing contained in this section shall be construed to authorize the department to suspend or revoke a registration or suspend the operating privilege of the owner or registrant of a motor vehicle, except as permitted under section 1786 (relating to required financial responsibility). (i) Temporary regulations.--In order to facilitate the prompt implementation of this section, regulations promulgated by the department under this section during the two years following the effective date of this section shall be deemed temporary regulations, which shall expire no later than four years following the effective date of this section or upon promulgation of final regulations, whichever occurs first. The temporary regulations shall not be subject to: (1) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law. (2) Section 204(b) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. (3) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. (j) Definition.--As used in this section, the term "department" means the Department of Transportation of the 20250HB0710PN0729 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Commonwealth. Section 3. This act shall take effect as follows: (1) The addition of 75 Pa.C.S. § 1786.1(a), (b)(7) and (i) shall take effect immediately. (2) This section shall take effect immediately. (3) The remainder of this act shall take effect in one year. 20250HB0710PN0729 - 8 - 1 2 3 4 5 6 7