SENATE AMENDED
PRIOR PRINTER'S NOS. 3953, 3984, 4054 PRINTER'S NO. 4195
No. 2654 Session of 2004
INTRODUCED BY J. TAYLOR, D. EVANS, KENNEY, PERZEL, COHEN, MYERS,
HORSEY, KELLER, BUTKOVITZ AND WILLIAMS, MAY 27, 2004
SENATOR DENT, URBAN AFFAIRS AND HOUSING, IN SENATE, AS AMENDED,
JUNE 28, 2004
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, reenacting and amending provisions
3 relating to parking authorities and relating to taxicabs and
4 limousines in cities of the first class; further providing
5 for parking authority purposes and powers and special
6 provisions in cities of the first class; providing for
7 restrictions on parking authorities in cities of the first
8 class; further providing for contract bids for parking
9 authorities; further defining "limousine service"; making
10 legislative findings as to taxicabs in cities of the first
11 class; further providing, as to taxicabs in cities of the
12 first class, for rates, for contested complaints, for driver
13 certification, for budgets and fees, for certificates and
14 medallions, for contested complaints, for wages, for
15 regulations and for budget and fees; further providing, as to
16 limousines in cities of the first class, for certificates of
17 public convenience and for regulations; and making repeals
18 related to allocation assessments against public utilities
19 for regulatory expenses, to certificates of public
20 convenience for taxicabs and to taxicabs in cities of the
21 first class.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The definitions of "cash flow deficit," "Federal
25 agency," "government agency," "government obligations," "obligee
26 of an authority," "qualified financial institution" and "rating
1 agency" in section 5503 of Title 53 of the Pennsylvania
2 Consolidated Statutes are reenacted to read:
3 § 5503. Definitions.
4 The following words and phrases when used in this chapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 * * *
8 "Cash flow deficit." A cash deficit occurring solely because
9 revenues and expenditures, even when in balance on a fiscal year
10 basis or with respect to any other period of computation, are
11 not received and disbursed at equivalent rates throughout the
12 fiscal year or other period of computation.
13 * * *
14 "Federal agency." The Federal Government, the President of
15 the United States and any department or corporation, agency or
16 instrumentality heretofore or hereafter created, designated or
17 established by the Federal Government.
18 "Government agency." The Governor, departments, boards,
19 commissions, authorities and other officers and agencies of this
20 Commonwealth, including, but not limited to, those which are not
21 subject to the policy supervision and control of the Governor,
22 any political subdivision, municipality, municipal or other
23 local authority and any officer or agency of any such political
24 subdivision or local authority. The term does not include any
25 court or other officer or agency of the unified judicial system
26 or the General Assembly or its officers and agencies.
27 "Government obligations."
28 (1) Direct obligations of or obligations the principal
29 of and interest on which are unconditionally guaranteed by
30 the Federal Government, including, but not limited to,
20040H2654B4195 - 2 -
1 evidences of a direct ownership interest in future interest
2 or principal payments on obligations issued or guaranteed by
3 the Federal Government, which obligations are held in a
4 custody account by a custodian under the terms of a custody
5 agreement.
6 (2) The term includes obligations issued by any state of
7 the United States or any political subdivision, public
8 instrumentality or public authority of any state of the
9 United States, provision for the full and timely payment of
10 the principal or premium of and interest on which shall have
11 been made by deposit with a trustee or escrow agent under an
12 irrevocable security agreement of obligations described in
13 paragraph (1).
14 * * *
15 "Obligee of an authority." Any holder or owner of any bond
16 of an authority or any trustee or other fiduciary for any such
17 holder or any provider of a letter of credit, policy of
18 municipal bond insurance or other credit enhancement or
19 liquidity facility for bonds of an authority.
20 * * *
21 "Qualified financial institution." A bank, bank and trust
22 company, trust company, national banking association, insurance
23 company or other financial services company whose unsecured
24 long-term debt obligations in the case of a bank, trust company,
25 national banking association or other financial services company
26 or whose claims-paying abilities in the case of an insurance
27 company are rated in any of the three highest rating categories
28 without reference to subcategories by a rating agency. For
29 purposes of this definition, the term "financial services
30 company" includes any investment banking firm or any affiliate
20040H2654B4195 - 3 -
1 or division thereof which may be legally authorized to enter
2 into the transactions described in this chapter pertaining,
3 applicable or limited to a qualified financial institution.
4 "Rating agency."
5 (1) The term includes the following:
6 (i) Standard & Poor's Corporation and any successor
7 thereto.
8 (ii) Moody's Investors Service and any successor
9 thereto.
10 (iii) Fitch Investors Service, Inc., and any
11 successor thereto.
12 (2) If the rating agencies cited in paragraph (1) shall
13 no longer perform the functions of a securities rating
14 service, the term shall mean any other nationally recognized
15 rating service or services.
16 Section 2. Section 5505(d)(9), (22), (23) and (24) of Title
17 53 are reenacted and the subsection is amended by adding a <--
18 paragraph PARAGRAPHS to read: <--
19 § 5505. Purposes and powers.
20 * * *
21 (d) Powers.--An authority has all powers necessary or
22 convenient for the carrying out of the purposes under this
23 section, including:
24 * * *
25 (9) To fix, alter, charge and collect rates and other
26 charges for its facilities at reasonable rates to be
27 determined exclusively by it, subject to appeal under this
28 paragraph, for the purposes of providing for the payment of
29 the expenses of the authority; for the construction,
30 improvement, repair, maintenance and operation of its
20040H2654B4195 - 4 -
1 facilities and properties; for the payment of the principal
2 of and interest on its obligations; and for fulfilling the
3 terms and provisions of agreements made with the purchasers
4 or holders of such obligations or with the municipality. Any
5 person questioning the reasonableness of rates fixed by the
6 authority may bring suit against the authority in the court
7 of common pleas of the judicial district where the project is
8 located. The court of common pleas shall have exclusive
9 jurisdiction to determine the reasonableness of the rates and
10 other charges. This paragraph supersedes a contrary provision
11 in any home rule charter, ordinance or resolution.
12 * * *
13 (22) In cities of the first class, to serve as the
14 exclusive impoundment official, exclusive impounding agent or
15 exclusive towing agent for the enforcement of impoundment
16 orders pursuant to 75 Pa.C.S. Ch. 63 (relating to
17 enforcement) and to authorize towing and storage of vehicles
18 and combinations by private towing agents for such purpose as
19 necessary.
20 (23) In cities of the first class, to act as an
21 independent administrative commission for the regulation of
22 taxicabs and limousine service.
23 (24) In cities of the first class, to investigate and
24 examine the condition and management of any entity providing
25 taxicab and limousine service.
26 (25) In cities of the first class, to appoint and fix
27 the compensation of chief counsel and assistant counsel to
28 provide it with legal assistance. The provisions of the act
29 of October 15, 1980 (P.L.950, No.164), known as the
30 Commonwealth Attorneys Act, shall not apply to parking
20040H2654B4195 - 5 -
1 authorities in cities of the first class.
2 (26) IN CITIES OF THE FIRST CLASS, TO PLEDGE, <--
3 HYPOTHECATE OR OTHERWISE ENCUMBER ALL OR ANY OF THE REAL OR
4 PERSONAL PROPERTY OF THE AUTHORITY AS SECURITY FOR ALL OR ANY
5 OF THE OBLIGATIONS OF THE AUTHORITY.
6 * * *
7 Section 3. Section 5508.1(k) of Title 53 is reenacted,
8 subsection (o) is reenacted and amended and subsection (q) is
9 amended to read:
10 § 5508.1. Special provisions for authorities in cities of the
11 first class.
12 * * *
13 (k) Compensation.--
14 (1) The chair selected under subsection (l) shall
15 receive:
16 (i) for fiscal year 2001-2002, a salary of $50,000;
17 and
18 (ii) for each subsequent fiscal year, a salary to be
19 determined by the board at not less than $50,000.
20 (2) Except for the chair, members shall receive $200 per
21 meeting for their services.
22 (3) Board members shall be entitled to necessary
23 expenses, including travel expenses, incurred in the
24 discharge of duties.
25 * * *
26 (o) Management.--
27 (1) The board has authority to manage the properties and
28 business of the authority and to prescribe, amend and repeal
29 bylaws, rules and regulations governing the manner in which
30 the business of the authority may be conducted and in which
20040H2654B4195 - 6 -
1 the powers granted to it may be exercised and embodied.
2 (2) [For] EXCEPT AS NECESSARY TO ADMINISTER A SYSTEM OF <--
3 ON-STREET PARKING REGULATIONS PURSUANT TO SUBSECTION (Q.1),
4 FOR all budgets, contracts, bonds or obligations of any kind
5 commenced after January 1, [2003] 2004, the authority shall <--
6 not be required to obtain the approval of an entity or
7 officer under 351 Pa. Code Art. II (relating to legislative
8 branch) or III (relating to executive and administrative
9 branch--organization).
10 * * *
11 [(q) Funding.--During its fiscal year beginning in 2001, the
12 authority shall transfer to the general fund of a school
13 district of the first class coterminous with the parent
14 municipality that portion of its retained earnings, not to
15 exceed $45,000,000, which will not jeopardize the authority's
16 ability to meet debt service payments or to retire outstanding
17 bonds. In subsequent years the board shall transfer the maximum
18 amount it deems available for such purpose. The provisions of
19 section 696(h)(1) of the act of March 10, 1949 (P.L.30, No.14),
20 known as the Public School Code of 1949, shall not apply to
21 amounts transferred to the school district of the first class
22 under this subsection.]
23 * * *
24 Section 4. Section 5508.2 of Title 53 is reenacted AND <--
25 AMENDED to read:
26 § 5508.2. Additional special provisions for authorities in
27 cities of the first class; mixed-use projects.
28 (a) Scope.--This section applies only to cities of the first
29 class.
30 (b) Legislative finding.--It is hereby determined and
20040H2654B4195 - 7 -
1 declared that:
2 (1) As a matter of legislative finding, the health,
3 safety and general welfare of the people of this Commonwealth
4 are directly dependent upon the continual encouragement,
5 development, growth and expansion of business, industry,
6 commerce and tourism.
7 (2) Unemployment, the spread of poverty and the heavy
8 burden of public assistance and unemployment compensation can
9 be avoided by the promotion, attraction, stimulation,
10 development and expansion of business, industry, commerce and
11 tourism in this Commonwealth through the development of
12 mixed-use projects by parking authorities in cities of the
13 first class.
14 (3) Due to the size, total population and population
15 density of a city of the first class, it may be inefficient
16 to devote property within a city of the first class solely to
17 parking facilities and that development of mixed-use projects
18 that include a parking component and a commercial,
19 industrial, residential or retail component can be an
20 important factor in the continual encouragement, development,
21 attraction, stimulation, growth and expansion of business,
22 industry, commerce and tourism within a city of the first
23 class, the surrounding counties and this Commonwealth as a
24 whole.
25 (c) Mixed-use projects.--Without limiting the powers set
26 forth in section 5505 (relating to purposes and powers), an
27 authority shall have the power to do all acts that, in the
28 judgment of the board, are necessary, convenient or useful to
29 the development or operation of one or more mixed-use projects,
30 including, [without limitation] WITH THE APPROVAL OF A CITY OF <--
20040H2654B4195 - 8 -
1 THE FIRST CLASS, the power to plan, design, locate, acquire,
2 hold, construct, finance, improve, maintain, operate, own,
3 lease, either in the capacity of lessor or lessee, land,
4 buildings, other structures and personal property necessary,
5 convenient or useful to the development and operation of a
6 mixed-use project. An authority shall have the power to finance
7 mixed-use projects by borrowing money and making and issuing
8 bonds and by making loans which may be evidenced by and secured
9 as may be provided in loan agreements, mortgages, security
10 agreements or any other contracts, instruments or agreements
11 which may contain such provisions as the authority shall deem
12 necessary, convenient or useful for the security or protection
13 of the authority or its bondholders. An authority may pledge,
14 mortgage, hypothecate or otherwise encumber all or any part of
15 its property, real or personal, constituting all or part of a
16 mixed-use project, including, but not limited to, the revenues
17 or receipts of the authority from one or more mixed-use
18 projects, for all or any of the obligations, including bonds, of
19 the authority incurred in connection with the development or
20 operation of a mixed-use project. An authority shall not have
21 the power to engage in business, trade or commerce for a profit
22 as an owner or lessee of a mixed-use project or otherwise. An
23 authority shall have and may exercise the powers set forth in
24 this section notwithstanding any other provision of law or any
25 provisions of its articles of incorporation.
26 (d) Definition.--As used in this section, the term "mixed-
27 use project" means any project that includes a public parking
28 garage component and a commercial, industrial, residential or
29 retail component. In addition to a public parking garage, which
30 shall be a required component of all mixed-use projects, a
20040H2654B4195 - 9 -
1 mixed-use project may also include public parking lots. The
2 commercial, industrial, residential or retail component of a
3 mixed-use project must be located within, above, below or
4 contiguous to the parking garage.
5 Section 5. Title 53 is amended by adding a section to read:
6 § 5508.3. Restrictions on authorities in cities of the first
7 class.
8 (a) Restricted activities, statement of financial interests;
9 public meetings and records.--
10 (1) The following apply:
11 (i) The provisions of the following statutes are
12 specifically applicable to board members, officers and
13 employees of the authority:
14 (A) The provisions of 65 Pa.C.S. Ch. 11
15 (relating to ethics standards and financial
16 disclosure).
17 (B) The act of July 19, 1957 (P.L.1017, No.451),
18 known as the State Adverse Interest Act.
19 (ii) For the purposes of application of statutes
20 pursuant to subparagraph (i), employees of the authority
21 shall be regarded as public employees of the
22 Commonwealth, and officers or board members of the
23 authority shall be regarded as public officials of the
24 Commonwealth, whether or not they receive compensation.
25 (2) The authority shall be subject to and treated as a
26 Commonwealth agency for purposes of the act of June 21, 1957
27 (P.L.390, No.212), referred to as the Right-to-Know Law.
28 (b) Conviction of infamous crime.--No person convicted of an
29 infamous crime shall be a member of the board or employed as a
30 management-level employee by the authority.
20040H2654B4195 - 10 -
1 (c) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Infamous crime." Any of the following:
5 (1) A violation and conviction for an offense which
6 would disqualify an individual from holding public office
7 pursuant to section 7 of Article II of the Constitution of
8 Pennsylvania.
9 (2) Any conviction for a violation of 18 Pa.C.S. § 4113
10 (relating to misapplication of entrusted property and
11 property of government or financial institutions) or 18
12 Pa.C.S. Ch. 47 (relating to bribery and corrupt influence),
13 49 (relating to falsification and intimidation), 51 (relating
14 to obstructing governmental operations) or 53 (relating to
15 abuse of office).
16 (3) Any other violation of the laws of this Commonwealth
17 for which an individual has been convicted within the
18 preceding ten years and which is classified as a felony.
19 (4) A violation of the law of any other Federal or state
20 government which is similar to the crimes listed in
21 paragraphs (1) through (3).
22 Section 6. Sections 5510.1, 5510.2, 5510.3, 5510.4, 5510.5, <--
23 5510.6, 5510.8, 5510.9, 5510.10 and 5510.11 of Title 53 are
24 reenacted to read:
25 SECTION 6. SECTIONS 5510.1 AND 5510.2 OF TITLE 53 ARE <--
26 REENACTED AND AMENDED TO READ:
27 § 5510.1. Management of authority funds in cities of the first
28 class.
29 (a) General rule.--
30 (1) Except as otherwise provided in this chapter, all
20040H2654B4195 - 11 -
1 funds of an authority received from any source shall be
2 delivered to the treasurer of the authority or to such other
3 agent of the authority as the board may designate.
4 (2) The funds shall be promptly deposited in the name of
5 the authority in a bank or banks, bank and trust company or
6 bank and trust companies, trust company or trust companies in
7 this Commonwealth chosen by the authority.
8 (3) The moneys in the account or accounts may be
9 withdrawn or paid out only by check or draft upon the bank,
10 bank and trust company or trust company, signed by the
11 treasurer or other designated agent of the authority on
12 warrant of the treasurer of the authority and countersigned
13 by the chairman of the board or by such persons as the board
14 may authorize. Moneys in the account or accounts may be
15 withdrawn or paid out by electronic funds transfer on
16 instructions signed and countersigned in the manner provided
17 for checks or drafts.
18 (4) The board may designate any of its members or any
19 officer or employee of the authority to affix the signature
20 of the chairman to any check or draft for payment of salaries
21 or wages and for the payment of any other obligation of not
22 more than $100,000. The executive director may designate any
23 officer or employee of the authority to affix the signature
24 of the treasurer to any check or draft for payment of
25 salaries or wages and for the payment of any other obligation
26 of not more than $100,000.
27 (b) Management of funds.--
28 (1) All bank, bank and trust company or trust company
29 balances of the authority, to the extent the same are not
30 insured, shall be continuously secured by a pledge of direct
20040H2654B4195 - 12 -
1 obligations of the United States, of the Commonwealth or of
2 any municipality or municipalities in the metropolitan area
3 having an aggregate market value exclusive of accrued
4 interest at all times at least equal to the balance on
5 deposit in such bank, bank and trust company or trust
6 company. The securities shall either be deposited with the
7 treasurer of the authority or be held by a trustee or agent
8 satisfactory to the authority. All depository institutions
9 are authorized to give security for the deposits.
10 (2) In the case of money collected or received by the
11 authority on behalf of a municipality under section
12 5505(d)(21) (relating to purposes and powers), the money
13 shall be pledged to the use of the municipality and disbursed
14 to the municipality as provided by ordinance or resolution.
15 (3) Subject to the provisions of any agreements with
16 obligees of the authority, the authority shall have full
17 power to invest and reinvest its funds as provided in this
18 chapter, subject, however, to the exercise of that degree of
19 judgment and care under the circumstances then prevailing
20 which persons of prudence, discretion and intelligence who
21 are familiar with such matters exercise in the management of
22 their own affairs, not in regard to speculation, but in
23 regard to the permanent disposition of the funds, considering
24 the probable income to be derived and the probable safety of
25 the capital.
26 (4) The board shall provide for an investment program
27 subject to restrictions contained in this chapter and in any
28 other applicable statute and any resolutions on this subject
29 adopted by the board.
30 (c) Authorized investments.--The authorized types of
20040H2654B4195 - 13 -
1 investments for authority funds shall be any of the following:
2 (1) Government obligations.
3 (2) Debt obligations issued by any of the following
4 Federal agencies or such other like Federal agencies which
5 may be designated by the board: Bank for Cooperatives,
6 Federal Farm Credit Banks, Federal Financing Bank, Federal
7 Home Loan Bank System, Federal National Mortgage Association,
8 Export-Import Bank of the United States, Farmers Home
9 Administration, Resolution Funding Corporation, Small
10 Business Administration, Student Loan Marketing Association,
11 Inter-American Development Bank, International Bank for
12 Reconstruction and Development, Federal Land Banks or
13 Government National Mortgage Association, and their
14 predecessor or successor agencies.
15 (3) Short-term or long-term debt obligations of any
16 state or political subdivision thereof or any agency or
17 instrumentality of such a state or political subdivision or
18 of any municipal corporation, provided that the obligations
19 are rated by a rating agency in any of the three highest
20 rating categories, without reference to subcategories,
21 assigned by the rating agency.
22 (4) Rights to receive the principal of or the interest
23 on obligations of states, political subdivisions, agencies or
24 instrumentalities meeting the requirements set forth in
25 paragraphs (2) and (3), whether through direct ownership as
26 evidenced by physical possession of the obligations or
27 unmatured interest coupons or by registration as to ownership
28 on the books of the issuer or its duly authorized paying
29 agent or transfer agent or through the purchase of
30 certificates or other instruments evidencing an undivided
20040H2654B4195 - 14 -
1 ownership interest in payments of the principal of or
2 interest on the obligations.
3 (5) Negotiable and nonnegotiable certificates of
4 deposit, time deposits or other similar banking arrangements
5 which are issued by banks, bank and trust companies, trust
6 companies or savings and loan associations, provided that,
7 unless issued by a qualified financial institution, any such
8 certificate, deposit or other arrangement shall be
9 continuously secured as to principal in the manner and to the
10 extent provided in subsection (d).
11 (6) Repurchase agreements for investment securities
12 described in paragraph (1) or (2) with a qualified financial
13 institution or with dealers in government bonds which report
14 to, trade with and are recognized as primary dealers by a
15 Federal Reserve Bank and are members of the Securities
16 Investors Protection Corporation, provided that the
17 repurchase price payable under any agreement shall be
18 continuously secured in the manner and to the extent provided
19 in subsection (d).
20 (7) Investment agreements with qualified financial
21 institutions.
22 (8) Commercial paper rated in the highest rating
23 category, without reference to subcategories, by a rating
24 agency.
25 (9) Shares or certificates in any short-term investment
26 fund rated in the highest rating category, without reference
27 to subcategories, by a rating agency, which short-term
28 investment fund invests solely in obligations described in
29 paragraphs (1) and (2).
30 (10) Debt obligations of any foreign government or
20040H2654B4195 - 15 -
1 political subdivision thereof or any agency or
2 instrumentality of foreign government or political
3 subdivision, provided that the obligations are rated by a
4 rating agency, without reference to subcategories, in the
5 highest rating category assigned by the rating agency.
6 (11) Such other investments which at the time of the
7 acquisition thereof shall be listed as permissible
8 investments for trust funds in an indenture or resolution
9 with respect to indebtedness which is incurred under this
10 chapter.
11 (d) Security for investment securities.--Any security
12 required to be maintained as collateral for investment
13 securities in the form of certificates of deposit, time
14 deposits, other similar banking arrangements and repurchase
15 agreements described in subsection (c)(5) and (6) shall be
16 subject to the following requirements:
17 (1) The collateral shall be in the form of obligations
18 described in subsection (c)(1) and (2), except that the
19 security for certificates of deposit, time deposits or other
20 similar banking arrangements may include other marketable
21 securities which are eligible as security for trust funds
22 under applicable regulations of the Comptroller of the
23 Currency of the United States of America or under applicable
24 state laws and regulations.
25 (2) The collateral shall have an aggregate market value,
26 calculated not less frequently than monthly, at least equal
27 to the principal amount (less any portion insured by the
28 Federal Deposit Insurance Corporation or any comparable
29 insurance corporation chartered by the United States of
30 America) or the repurchase price secured thereby, as the case
20040H2654B4195 - 16 -
1 may be. The instruments governing the issuance of and
2 security for the Investment Securities shall designate the
3 person responsible for making the foregoing calculations.
4 (3) The authority shall have a perfected security
5 interest in the collateral securing certificates of deposit,
6 time deposits or other similar banking arrangements, and the
7 collateral shall be held free and clear of the claims of
8 third parties. The collateral shall be deposited with the
9 authority, with a Federal Reserve Bank for the account of the
10 authority or with a bank, bank and trust company or trust
11 company (other than the obligor) which is acting solely as
12 agent for the authority and has a combined net capital and
13 surplus equal to at least $100,000,000.
14 (4) Collateral for repurchase agreements shall be held
15 free and clear of the claims of third parties by the
16 authority, or by a Federal Reserve Bank for the account of
17 the authority, or by a bank, bank and trust company or trust
18 company which is acting solely as agent for the authority and
19 has a combined net capital and surplus at least equal to
20 $100,000,000. A perfected first priority security interest
21 for the benefit of the authority shall be created in the
22 collateral under Title 13 (relating to commercial code) or
23 book-entry procedures prescribed by applicable Federal
24 regulations.
25 (e) Audit.--An authority shall have at least an annual
26 examination of its books, accounts and records by a certified
27 public accountant. A copy of the audit shall be delivered to the
28 parent municipality, the Governor, the Secretary of the Senate
29 and the Chief Clerk of the House of Representatives. [If the <--
30 authority fails to have an audit, then the] THE controller, <--
20040H2654B4195 - 17 -
1 auditor or accountant designated by the municipality is
2 authorized to perform an [examination at the expense of the <--
3 authority. The examination may include] ANNUAL EXAMINATION OF <--
4 the receipts, disbursements, contracts, leases, sinking funds,
5 investments [and other matters relating to the finances, <--
6 operation and affairs of the authority.] RELATING TO THE <--
7 ADMINISTRATION OF A SYSTEM OF ON-STREET PARKING REGULATIONS IN A
8 CITY OF THE FIRST CLASS PURSUANT TO SECTION 5508.1(Q.1)
9 (RELATING TO SPECIAL PROVISIONS FOR AUTHORITIES IN CITIES OF THE
10 FIRST CLASS).
11 (f) Financial statement.--A concise financial statement
12 shall be published annually at least once in a newspaper of
13 general circulation in the municipality where the principal
14 office of the authority is located. If publication is not made
15 by the authority, the municipality shall publish such statement
16 at the expense of the authority.
17 (g) Attorney General.--The Attorney General shall have the
18 right to examine the books, accounts and records of an
19 authority.
20 (h) Applicability.--This section shall only apply to
21 authorities in cities of the first class.
22 § 5510.2. Special funds in cities of the first class.
23 (a) General rule.--An authority, under resolutions adopted
24 from time to time by the board, may establish and create such
25 special funds as may be found desirable by the board and, in and
26 by such resolutions, may provide for payments into all special
27 funds from specified sources with such preferences and
28 priorities as may be deemed advisable and may provide for the
29 custody, disbursement and application of any moneys in any such
30 special funds consistent with the provisions of this chapter and
20040H2654B4195 - 18 -
1 consistent with generally accepted accounting principles. The
2 authority shall maintain the [First Class City Taxicab] <--
3 PHILADELPHIA TAXICAB AND LIMOUSINE Regulatory Fund as a separate <--
4 fund from all other funds.
5 (b) Applicability.--This section shall only apply to
6 authorities in cities of the first class.
7 SECTION 6.1. SECTIONS 5510.3, 5510.4 AND 5510.5 OF TITLE 53 <--
8 ARE REENACTED TO READ:
9 § 5510.3. Bonds in cities of the first class.
10 (a) General rule.--
11 (1) The bonds of the authority shall be authorized by
12 resolution of the board. The resolution shall specify all of
13 the following:
14 (i) Series.
15 (ii) Date or dates of maturity.
16 (iii) Interest at such rate or rates, fixed or
17 variable, as shall be determined by the board as
18 necessary to issue and sell the authorized bonds.
19 (iv) Denominations.
20 (v) Form, either coupon or fully registered without
21 coupons.
22 (vi) Certificated or book-entry-only form.
23 (vii) Registration and exchangeability and
24 interchangeability privileges.
25 (viii) Medium of payment and place of payment.
26 (ix) Terms of redemption.
27 (x) Priorities of payment in the revenues or
28 receipts of the authority as the resolution or trust
29 indenture adopted or approved by the authority may
30 provide.
20040H2654B4195 - 19 -
1 (2) The bonds shall be signed by or shall bear the
2 facsimile signatures of such officers as the board shall
3 determine, and coupon bonds shall have attached thereto
4 interest coupons bearing the facsimile signature of the
5 treasurer of the authority, and all bonds shall be
6 authenticated by an authenticating agent, fiscal agent or
7 trustee, all as may be prescribed in the resolution or trust
8 indenture.
9 (3) Any such bonds may be issued and delivered
10 notwithstanding that one or more of the officers signing
11 bonds or the treasurer whose facsimile signature shall be
12 upon the coupon, or any thereof, shall have ceased to be an
13 officer or officers at the time when the bonds shall actually
14 be delivered.
15 (4) The proceeds of an issue of bonds may be used to pay
16 the costs of a project, subject to the limitations of
17 subsection (b), to finance any cash flow deficit of the
18 authority, to reimburse any costs of a project initially paid
19 by the authority or any person, to fund any required
20 reserves, to capitalize interest or to pay costs of issuance,
21 including, but not limited to, costs of obtaining credit
22 enhancement for the bonds.
23 (b) Maturity.--Bonds issued to finance the costs of a
24 project shall mature at such time or times not exceeding 40
25 years from their respective dates of original issue as the
26 authority shall by resolution determine. Bonds issued in
27 anticipation of income of the authority shall mature within one
28 fiscal year after the fiscal year of the date of issuance
29 thereof except for bonds issued in anticipation of grants with
30 respect to the cost of a project, which bonds shall mature no
20040H2654B4195 - 20 -
1 later than six months beyond the time of anticipated receipt of
2 the final payment of the grant.
3 (c) Sale.--
4 (1) Bonds may be sold at public sale or invited sale for
5 such price or prices and at such rate or rates of interest as
6 the authority shall determine. Bonds may be sold at private
7 sale by negotiation at such price or prices and at such rate
8 or rates of interest as the authority shall determine, but
9 only if the authority makes a written public explanation of
10 the circumstances and justification for the private sale by
11 negotiation.
12 (2) Pending the preparation of the definitive bonds,
13 interim receipts may be issued to the purchaser or purchasers
14 of such bonds and may contain such terms and conditions as
15 the authority may determine.
16 (d) Negotiable instruments.--Bonds of an authority shall
17 have the qualities of negotiable instruments under Title 13
18 (relating to commercial code).
19 (e) Refunding.--
20 (1) Subject to the provisions of the outstanding bonds,
21 notes or other obligations issued under this chapter or prior
22 acts and subject to the provisions of this chapter, the
23 authority shall have the right and power to refund any
24 outstanding debt, whether the debt represents principal or
25 interest, in whole or in part, at any time.
26 (2) As used in this subsection, "refund" and its
27 variations shall mean the issuance and sale of obligations
28 the proceeds of which are used or are to be used for the
29 payment or redemption of outstanding obligations upon or
30 prior to maturity. Refunding bonds shall mature at such time
20040H2654B4195 - 21 -
1 or times not exceeding 40 years from their dates of original
2 issuance as the authority shall determine by resolution.
3 (f) Credit of Commonwealth and political subdivisions not
4 pledged.--Under no circumstances shall any bonds issued by the
5 authority or any other obligation of the authority be or become
6 an indebtedness or liability of the Commonwealth or of any
7 government agency, provided that any government agency may
8 guarantee bonds of an authority to the extent and for the
9 purposes for which the government agency may make loans or
10 grants to an authority.
11 (g) Nonliability.--Neither the board members, any employees
12 of the authority nor any person executing the bonds shall be
13 liable personally on any bonds by reason of the issuance
14 thereof. Bonds of an authority shall contain a statement of the
15 limitation set forth in this subsection.
16 (h) Bonds deemed valid.--Any bond reciting in substance that
17 it has been issued by the authority to accomplish the public
18 purposes of this chapter shall be conclusively deemed in any
19 suit, action or proceeding involving the validity or
20 enforceability of the bonds or security therefor to have been
21 issued for such purpose.
22 (i) Notice and challenges.--
23 (1) The authority may cause a copy of any resolution
24 authorizing the issuance of bonds adopted by it to be filed
25 for public inspection in its office and in the office of the
26 clerk of the governing body of each county and the governing
27 body of a city of the first class and may thereupon cause to
28 be published in a newspaper published or circulating in its
29 service area a notice stating the fact and date of the
30 adoption, the places where the resolution has been so filed
20040H2654B4195 - 22 -
1 for public inspection, the date of publication of the notice
2 and that any action or proceeding of any kind or nature in
3 any court questioning the validity or proper authorization of
4 bonds provided for by the resolution or the validity of any
5 covenants, agreements or contract provided for by such
6 resolution shall be commenced within 20 days after the
7 publication of the notice.
8 (2) If any notice shall at any time be published and if
9 no action or proceeding questioning the validity or proper
10 authorization of bonds provided for by the resolution or the
11 validity of any covenants, agreements or contract provided
12 for by such resolution shall be commenced within 20 days
13 after the publication of the notice, then all residents,
14 taxpayers and owners of property in a city of the first class
15 and all other persons whatsoever shall be forever barred and
16 foreclosed from instituting or commencing any action or
17 proceeding in any court or pleading any defense to any action
18 or proceedings questioning the validity or proper
19 authorization of such bonds or the validity of any such
20 covenants, agreements or contracts, and said bonds,
21 covenants, agreements and contracts shall be conclusively
22 deemed to be valid and binding obligations in accordance with
23 their terms and tenor.
24 (3) After issuance of bonds, all bonds shall be
25 conclusively presumed to be fully authorized and issued by
26 all the laws of this Commonwealth, and any person shall be
27 estopped from questioning their sale, execution or delivery
28 by the authority.
29 (j) Applicability.--This section shall only apply to
30 authorities in cities of the first class.
20040H2654B4195 - 23 -
1 § 5510.4. Contracts with obligees of an authority in cities of
2 the first class.
3 (a) General rule.--Except as otherwise provided in any
4 resolution of an authority authorizing or awarding bonds, the
5 terms thereof and of this chapter as in effect when the bonds
6 were authorized shall constitute a contract between the
7 authority and obligees of the authority, subject to modification
8 in such manner as the resolution, the trust indenture securing
9 such bonds or the bonds shall provide.
10 (b) Applicability.--This section shall only apply to
11 authorities in cities of the first class.
12 § 5510.5. Commonwealth pledges in cities of the first class.
13 (a) General rule.--The Commonwealth does hereby pledge to
14 and agree with:
15 (1) Any person, firm or corporation, government agency,
16 whether in this Commonwealth or elsewhere, or Federal agency
17 subscribing to or acquiring the bonds to be issued by the
18 authority that the Commonwealth will not limit or alter the
19 rights hereby vested in the authority in any manner
20 inconsistent with the obligations of the authority to the
21 obligees of the authority until all bonds at any time issued,
22 together with the interest thereon, are fully paid or
23 provided for. The Commonwealth does further pledge to and
24 agree with any Federal agency that, in the event that any
25 Federal agency shall contribute any funds for the authority
26 or any project, the Commonwealth will not alter or limit the
27 rights and powers of the authority in any manner which would
28 be inconsistent with the due performance of any agreements
29 between the authority and any Federal agency.
30 (2) Any person who, as owner thereof, leases or
20040H2654B4195 - 24 -
1 subleases property to or from an authority that the
2 Commonwealth will not limit or alter the rights and powers
3 hereby vested in the authority or otherwise created by this
4 chapter in any manner which impairs the obligations of the
5 authority until all obligations of the authority under the
6 lease or sublease are fully met and discharged.
7 (b) Applicability.--This section shall only apply to
8 authorities in cities of the first class.
9 SECTION 6.2. SECTION 5510.6 OF TITLE 53 IS REENACTED AND <--
10 AMENDED TO READ:
11 § 5510.6. Provisions of bonds and trust indentures in cities of
12 the first class.
13 (a) General rule.--In connection with the issuance of bonds
14 or the incurring of obligations under leases and in order to
15 secure the payment of the bonds and obligations, the authority,
16 in addition to its other powers, shall have the power to:
17 (1) Pledge or grant a security interest, senior, parity
18 or subordinated, in all or any part of its revenues, to which
19 its right then exists or may thereafter come into existence.
20 (2) Grant a lien on or a security interest, senior,
21 parity or subordinated, in all or any part of its real or
22 personal property then owned or thereafter acquired. This
23 paragraph does not apply to the [First Class City Taxicab] <--
24 PHILADELPHIA TAXICAB AND LIMOUSINE Regulatory Fund. <--
25 (3) Provide for the issuance of unsecured bonds, limited
26 recourse bonds or nonrecourse bonds.
27 (4) Enter into trust indentures securing bonds,
28 including, but not limited to, master trust indentures.
29 (5) Covenant against pledging or granting a lien on or
30 security interest in all or any part of its revenues or all
20040H2654B4195 - 25 -
1 or any part of its real or personal property to which its
2 right or title exists or may thereafter come into existence
3 or against permitting or suffering any lien on the revenues
4 or property, covenant with respect to limitations on its
5 right to sell, lease or otherwise dispose of any of its real
6 property and covenant as to which other or additional debts
7 or obligations may be incurred by it.
8 (6) Covenant as to the bonds to be issued and as to the
9 issuance of such bonds, in escrow or otherwise, and as to the
10 use and disposition of the proceeds thereof, provide for the
11 replacement of lost, destroyed or mutilated bonds, covenant
12 against extending the time for the payment of its bonds or
13 interest thereon and covenant for the redemption of bonds and
14 provide the terms and conditions thereof.
15 (7) Covenant as to the amount of revenues to be raised
16 in each fiscal year or other period of time by the authority
17 as well as to the use and disposition to be made thereof,
18 create or authorize the creation of special funds for debt
19 service or other purposes and covenant as to the use and
20 disposition of the moneys held in such funds.
21 (8) Prescribe the procedure, if any, by which the terms
22 of any contract with obligees of the authority may be
23 supplemented, amended or abrogated, prescribe which
24 supplements or amendments will require the consent of
25 obligees of the authority and the amount of bonds to be held
26 by obligees to effect such consent and prescribe the manner
27 in which such consent may be given.
28 (9) Covenant as to the use of any or all of its real or
29 personal property, warrant its title and covenant as to the
30 maintenance of its real and personal property, the
20040H2654B4195 - 26 -
1 replacement thereof, the insurance to be carried thereon and
2 the use and disposition of insurance proceeds.
3 (10) Covenant as to the rights, liabilities, powers and
4 duties arising upon the breach by it of any covenant,
5 condition or obligation.
6 (11) Vest in the obligees of the authority or any
7 proportion of them the right to enforce the payment of the
8 bonds or any covenants securing or relating to the bonds,
9 vest in a trustee the right in the event of default by the
10 authority to take possession and use, operate and manage any
11 real or personal property and to collect the rents and
12 revenues arising therefrom and to dispose of such moneys in
13 accordance with the agreement of the authority with such
14 trustee, provide for the powers and duties of a trustee and
15 to limit liabilities thereof and provide the terms and
16 conditions upon which the trustee or the obligees of the
17 authority or any proportion of them may enforce any covenant
18 or rights securing or relating to the bonds.
19 (12) Negotiate and enter into interest rate exchange
20 agreements, interest rate cap, collar, corridor, ceiling and
21 floor agreements, forward agreements, float agreements and
22 other similar arrangements which, in the judgment of the
23 authority, will assist the authority in managing the interest
24 costs of the authority.
25 (13) Obtain letters of credit, bond insurance and other
26 facilities for credit enhancement and liquidity.
27 (14) Exercise all or any part or combination of the
28 powers granted in this section to make covenants other than
29 and in addition to the covenants expressly authorized in this
30 section, to make such covenants and to do any and all such
20040H2654B4195 - 27 -
1 acts and things as may be necessary or convenient or
2 desirable in order to secure its bonds or, in the absolute
3 discretion of the authority, as will tend to accomplish the
4 purposes of this chapter by making the bonds more marketable,
5 notwithstanding that such covenants, acts or things may not
6 be specifically enumerated in this section.
7 (15) The revenues of the authority and the real and
8 tangible personal property of the authority shall be pledged
9 or otherwise encumbered only as expressly provided in this
10 section and, except to the extent necessary to effectuate
11 such pledge or encumbrance, shall not be subject to
12 attachment nor levied upon by execution or otherwise.
13 (b) Applicability.--This section shall only apply to
14 authorities in cities of the first class.
15 SECTION 6.3. SECTION 5510.7 OF TITLE 53 IS AMENDED TO READ: <--
16 [§ 5510.7. FUNDS COLLECTED ON BEHALF OF A MUNICIPALITY.
17 (A) GENERAL RULE.--FUNDS COLLECTED OR RECEIVED BY THE
18 AUTHORITY ON BEHALF OF A MUNICIPALITY UNDER SECTION 5505(D)(21)
19 (RELATING TO PURPOSES AND POWERS) SHALL NOT BE DEEMED TO
20 CONSTITUTE REVENUES AND RECEIPTS OF THE AUTHORITY UNDER THIS
21 CHAPTER OR BE SUBJECT TO ANY DEBT OR OBLIGATION OF THE
22 AUTHORITY.
23 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
24 AUTHORITIES IN CITIES OF THE FIRST CLASS.]
25 SECTION 6.4. SECTIONS 5510.8, 5510.9, 5510.10 AND 5510.11 OF
26 TITLE 53 ARE REENACTED TO READ:
27 § 5510.8. Bonds to be legal investments.
28 (a) General rule.--Bonds issued under this chapter are
29 hereby made securities in which all public officers and the
30 instrumentalities and agencies of the Commonwealth and its
20040H2654B4195 - 28 -
1 political subdivisions, all insurance companies, banks, bank and
2 trust companies, trust companies, banking associations, banking
3 corporations, savings banks, investment companies, executors,
4 trustees, the trustees of any retirement, pension or annuity
5 fund or system of the Commonwealth and other fiduciaries may
6 properly and legally invest funds, including capital, deposits
7 or other funds in their control or belonging to them. These
8 bonds are hereby made securities which may properly and legally
9 be deposited with and received by any Commonwealth or municipal
10 officer or any agency or instrumentality or political
11 subdivision of the Commonwealth for any purpose for which the
12 deposit of bonds or other obligations of the Commonwealth now or
13 may hereafter be authorized by law.
14 (b) Applicability.--This section shall only apply to
15 authorities in cities of the first class.
16 § 5510.9. Validity of pledge.
17 (a) General rule.--Any pledge of or grant of a lien on or
18 security interest in revenues of an authority or real or
19 personal property of an authority made by an authority shall be
20 valid and binding from the time when the pledge is made, the
21 revenues or other property so pledged and thereafter received by
22 the authority making such pledge shall immediately be subject to
23 the lien of any such pledge, lien or security interest without
24 any physical delivery thereof or further act, and the lien of
25 any such pledge or security interest shall be valid and binding
26 as against all parties having claims of any kind in tort,
27 contract or otherwise against the authority irrespective of
28 whether the parties have notice thereof. Neither the resolution
29 nor any other instrument of the authority by which a pledge,
30 lien or security interest is created need be recorded or filed
20040H2654B4195 - 29 -
1 to perfect such pledge or security interest.
2 (b) Applicability.--This section shall only apply to
3 authorities in cities of the first class.
4 § 5510.10. Security interest in funds and accounts.
5 (a) General rule.--Any moneys deposited in any fund created
6 by the authority pledged to be used to pay debt service on bonds
7 of the authority, including any sinking fund or debt service
8 reserve fund, and all investments and proceeds of investments
9 thereof shall, without further action or filing, be subjected to
10 a perfected security interest for the obligees of the authority
11 with respect to the bonds until such moneys or investments shall
12 be properly disbursed in accordance with this chapter and
13 subject to the terms of any trust indenture or other contract
14 between the authority and the obligees of the authority with
15 respect to the bonds.
16 (b) Applicability.--This section shall only apply to
17 authorities in cities of the first class.
18 § 5510.11. Limitation on authority under Federal bankruptcy
19 code.
20 (a) General rule.--So long as an authority shall have
21 outstanding any bonds issued under this chapter, the authority
22 shall not be authorized to file a petition for relief under 11
23 U.S.C. Chapter 9 (relating to adjustment of debts of a
24 municipality), and no public officer or agency or
25 instrumentality of the Commonwealth shall authorize the
26 authority to become a debtor under 11 U.S.C. Chapter 9 so long
27 as any bonds issued under this chapter are outstanding.
28 (b) Applicability.--This section shall only apply to
29 authorities in cities of the first class.
30 Section 6.1 6.5. Section 5511(a)(1), (b) and (h) of Title 53 <--
20040H2654B4195 - 30 -
1 are amended and the section is amended by adding a subsection to
2 read:
3 § 5511. Competition in award of contracts.
4 (a) Services.--
5 (1) Except as set forth in paragraph (2), all
6 construction, reconstruction, repair or work of any nature
7 made by an authority if the entire cost, value or amount,
8 including labor and materials, exceeds [$10,000] $25,000
9 shall be done only under contract to be entered into by the
10 authority with the lowest responsible bidder upon proper
11 terms after public notice asking for competitive bids as
12 provided in this section.
13 * * *
14 (b) Supplies and materials.--All supplies and materials
15 costing at least [$10,000] $25,000 shall be purchased only after
16 advertisement as provided in this section. The authority shall
17 accept the lowest bid, kind, quality and material being equal,
18 but the authority shall have the right to reject any or all bids
19 or select a single item from any bid. The provisions as to
20 bidding shall not apply to the purchase of patented and
21 manufactured products offered for sale in a noncompetitive
22 market or solely by a manufacturer's authorized dealer.
23 * * *
24 (h) Evasion.--
25 (1) An authority may not evade the provisions of this
26 section as to bids or purchasing materials or contracting for
27 services piecemeal for the purpose of obtaining prices under
28 [$10,000] $25,000 upon transactions which should, in the
29 exercise of reasonable discretion and prudence, be conducted
30 as one transaction amounting to more than [$10,000] $25,000.
20040H2654B4195 - 31 -
1 * * *
2 (i) Procurement.--Notwithstanding any provision of this
3 chapter or of Title 62 (relating to procurement) to the
4 contrary, an authority shall be considered a State-affiliated
5 entity for purposes of compliance with Title 62.
6 Section 6.2 6.6. Section 5701 of Title 53 is reenacted and <--
7 amended to read:
8 § 5701. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Authority." A parking authority in a city of the first
13 class.
14 "First Class City Taxicab Regulatory [Fund" or "fund.] Fund."
15 A fund formerly administered by the [authority to which all
16 moneys collected pursuant to the requirements of this chapter
17 shall be deposited and from which all expenses and costs
18 associated with administration and enforcement of this chapter
19 shall be paid. Money deposited in the fund shall not be used for
20 any purpose not specified in this chapter] Pennsylvania Public
21 Utility Commission under the former 66 Pa.C.S. Ch. 24 (relating
22 to taxicabs in first class cities).
23 ["Limousine service." Local, nonscheduled common carrier
24 service for passengers on an exclusive basis for compensation.
25 The term does not include taxicab service, paratransit service
26 or employee commuter van pooling.]
27 "Limousine service."
28 (1) Except as provided in paragraph (2), a motor vehicle
29 providing any of the following services:
30 (i) Local, nonscheduled common carrier service for
20040H2654B4195 - 32 -
1 passengers on an exclusive basis for compensation.
2 (ii) Common carrier service for passengers for
3 compensation:
4 (A) from any airport, railroad station or hotel
5 located in whole or in part in a city of the first
6 class; or
7 (B) to any airport, railroad station or hotel
8 located in whole or in part in a city of the first
9 class from a point within the city of the first
10 class.
11 (2) The term does not include any of the following:
12 (i) Taxicab service.
13 (ii) Service that was otherwise exempt from the
14 jurisdiction of the commission prior to the effective
15 date of this subparagraph.
16 (iii) Other paratransit service.
17 (iv) Employee commuter van pooling.
18 "Philadelphia Taxicab and Limousine Regulatory Fund" or
19 "fund." A fund administered by the authority established by
20 section 5708 (relating to fund) for fulfilling the purposes of
21 this chapter to regulate taxicabs and limousines in a city of
22 the first class.
23 "Taxi driver's certificate." A certificate or permit to
24 drive a taxicab issued pursuant to section 5719 (relating to
25 driver certification program).
26 "Taxicab." A motor vehicle designed for carrying no more
27 than eight passengers, exclusive of the driver, on a call or
28 demand basis and used for the transportation of persons for
29 compensation.
30 Section 7. Title 53 is amended by adding a section to read:
20040H2654B4195 - 33 -
1 § 5701.1. Legislative findings.
2 The General Assembly finds and declares as follows:
3 (1) The health, safety and general welfare of the people
4 of this Commonwealth are directly dependent upon the
5 continual encouragement, development, growth and expansion of
6 business, industry, commerce and tourism.
7 (2) Unemployment, the spread of poverty, and the heavy
8 burden of public assistance and unemployment compensation can
9 be avoided by the promotion, attraction, stimulation,
10 development and expansion of business, industry, commerce and
11 tourism in this Commonwealth through the development of a
12 clean, safe, reliable, and well regulated taxicab and
13 limousine industry locally regulated by parking authorities
14 in cities of the first class.
15 (3) Due to the size, total population, population
16 density and volume of both tourism and commerce of a city of
17 the first class, it may be more efficient to regulate the
18 taxicab and limousine industries through an agency of the
19 Commonwealth with local focus than an agency with diverse
20 Statewide regulatory duties. Well regulated local focus on
21 improving those industries can be an important factor in the
22 continual encouragement, development, attraction,
23 stimulation, growth and expansion of business, industry,
24 commerce and tourism within a city of the first class, the
25 surrounding counties and this Commonwealth as a whole.
26 Section 8. Section 5702 of Title 53 is reenacted to read:
27 § 5702. Advisory committee.
28 (a) Establishment.--There is hereby established an advisory
29 committee to be known as the City of the First Class Taxicab and
30 Limousine Advisory Committee. The authority shall submit to the
20040H2654B4195 - 34 -
1 advisory committee issues and questions for their consideration
2 regarding the regulation, enforcement, compliance and operation
3 of taxicabs and limousines in cities of the first class. The
4 advisory committee may thoroughly consider the questions and
5 issues submitted by the authority and may prepare and transmit
6 to the authority and the public written comments. The advisory
7 committee may submit suggestions and proposals to the authority
8 in writing on topics considered important by a majority of the
9 members. All actions of the advisory committee shall be
10 considered strictly advisory, and the authority shall give
11 careful and due consideration to the comments and proposals of
12 the advisory committee.
13 (b) Membership.--
14 (1) The advisory committee shall consist of the
15 following members:
16 (i) Ten members appointed by the chairman of the
17 authority or his designee as follows:
18 (A) One taxi driver.
19 (B) One medallion owner.
20 (C) One dispatch owner.
21 (D) One member of the public who utilizes
22 taxicabs or limousines.
23 (E) One limousine owner.
24 (F) One representative of the hospitality
25 industry from a list of five nominees assembled by
26 the Philadelphia Convention and Visitors Bureau.
27 (G) One resident of a second class A county.
28 (H) One resident of a third class county.
29 (I) One representative of the Philadelphia
30 International Airport.
20040H2654B4195 - 35 -
1 (J) One representative of a major train station
2 in a city of the first class.
3 (ii) One member appointed by the mayor of a city of
4 the first class or his designee.
5 (iii) One member appointed by the Public Utility
6 Commission.
7 (2) The advisory committee may consist of up to ten
8 additional members appointed by the chairman of the authority
9 or his designee.
10 (c) Terms.--The members shall serve two-year terms, except
11 that one half of the initial appointees shall be appointed for a
12 one-year term and one half of the initial appointees shall be
13 appointed for a two-year term. No member shall serve more than
14 three consecutive terms.
15 (d) Officers.--The authority shall designate a chairman,
16 vice chairman and secretary of the advisory committee from the
17 members of the advisory committee.
18 (e) Quorum.--A majority of the members of the advisory
19 committee plus one additional member shall constitute a quorum.
20 (f) Compensation.--Members of the advisory committee shall
21 not receive any compensation for the performance of their
22 duties.
23 Section 9. Section 5703 of Title 53 is reenacted and amended
24 to read:
25 § 5703. Rates.
26 (a) Rates to be just and reasonable.--Every rate made,
27 [demanded or received by a] for authority-certified taxicab
28 [or], limousine or medallion taxicab service shall be just and
29 reasonable and in conformity with regulations or orders of the
30 authority.
20040H2654B4195 - 36 -
1 (b) Tariffs.--Under regulations as the authority may
2 prescribe, every taxicab or limousine service shall file with
3 the authority, within the time and in the form as the authority
4 may designate, tariffs showing all rates established by it and
5 collected or enforced or to be collected or enforced within
6 cities of the first class. Every taxicab or limousine service
7 shall keep copies of tariffs open to public inspection under
8 rules and regulations as the authority may prescribe. Upon
9 request, the taxicab or limousine service shall make available
10 at least one copy of any rate filing at a convenient location
11 and for a reasonable length of time within a city of the first
12 class for inspection and study by customers.
13 (c) Adherence to tariffs.--No taxicab or limousine service
14 shall, directly or indirectly, by any device whatsoever or in
15 any way, demand or receive from any person, corporation or
16 municipal corporation a greater or lesser rate for any service
17 rendered or to be rendered by the taxicab or limousine service
18 than that specified in the tariffs of the taxicab or limousine
19 service.
20 (d) Discrimination in rates.--No taxicab or limousine
21 service shall make or grant any unreasonable preference or
22 advantage to any person, corporation or municipal corporation or
23 subject any person, corporation or municipal corporation to any
24 unreasonable prejudice or disadvantage concerning its rate. No
25 taxicab or limousine service shall establish or maintain any
26 unreasonable difference as to rates. This subsection shall not
27 prohibit the establishment of reasonable zone or group systems
28 or classifications of rates.
29 (e) Voluntary changes in rates.--
30 (1) Unless the authority otherwise orders, no taxicab or
20040H2654B4195 - 37 -
1 limousine service shall make any change in any existing and
2 duly established rate except after 60 days' notice to the
3 authority which shall plainly state the changes proposed to
4 be made in the rates then in force and the time when the
5 changed rates will go into effect. The taxicab or limousine
6 service shall also give notice of the proposed changes to
7 other interested persons as the authority, in its discretion,
8 may direct. The notices regarding the proposed changes which
9 are provided shall be in plain, understandable language as
10 the authority prescribes. All proposed changes shall be shown
11 by filing new tariffs or supplements to existing tariffs
12 filed and in force at the time. The authority, for good cause
13 shown, may allow changes in rates without requiring the 60
14 days' notice under conditions as it may prescribe.
15 (2) Whenever there is filed with the authority by any
16 taxicab or limousine service any tariff stating a new rate,
17 the authority may, either upon complaint or upon its own
18 motion and upon reasonable notice, conduct a hearing
19 concerning the lawfulness of the rate. Pending the hearing
20 and its outcome, the authority, upon filing the tariff and
21 delivering to the taxicab or limousine service affected a
22 statement in writing of its reasons may, at any time before
23 it becomes effective, suspend the operation of the rate for a
24 period not longer than nine months from the time it would
25 otherwise become effective. The rate in force when the tariff
26 stating the new rate was filed shall continue in force during
27 the period of suspension unless the authority shall establish
28 a temporary rate. The authority shall consider the effect of
29 the suspension in finally determining and prescribing the
30 rates to be charged and collected by the taxicab or limousine
20040H2654B4195 - 38 -
1 service.
2 (3) If, after the hearing conducted pursuant to
3 paragraph (2), the authority finds any rate to be unjust or
4 unreasonable or in any way in violation of law, it shall
5 determine the just and reasonable rate to be charged or
6 applied by the taxicab or limousine service for the service
7 in question and shall fix the rate by order to be served upon
8 the taxicab or limousine service. The rate shall then be
9 observed until changed.
10 (f) Temporary rates.--The authority may, in any proceeding
11 involving the rates of a taxicab or limousine service, after
12 reasonable notice and hearing and, if the public interest
13 requires, immediately fix, determine and prescribe temporary
14 rates to be charged by a taxicab or limousine service, pending
15 the final determination of the rate proceeding.
16 (g) Fair return.--In fixing any rate of a taxicab or
17 limousine service engaged exclusively as a common carrier by
18 motor vehicle, the authority may fix the fair return by relating
19 the fair and reasonable operating expenses, depreciation, taxes
20 and other costs of furnishing service to operating revenues.
21 (h) Refunds.--If, in any proceeding involving rates, the
22 authority determines that any rate received by a taxicab or
23 limousine service was unjust or unreasonable or was in violation
24 of any regulation or order of the authority or was in excess of
25 the applicable rate contained in an existing and effective
26 tariff of the taxicab or limousine service, the authority shall
27 have the power to make an order requiring the public utility to
28 refund the amount of any excess paid by any patron.
29 Section 10. Section 5704 of Title 53 is reenacted to read:
30 § 5704. Power of authority to require insurance.
20040H2654B4195 - 39 -
1 The authority may, by regulation or order, prescribe for a
2 taxicab or limousine service requirements as it may deem
3 necessary for the protection of persons or property of their
4 patrons and the public, including the filing of surety bonds,
5 the carrying of insurance or the qualifications and conditions
6 under which carriers may act as self-insurers with respect to
7 the requirements.
8 Section 10.1. Title 53 is amended by adding sections to
9 read:
10 § 5705. Contested complaints.
11 (a) Adjudication.--Contested complaints brought before the
12 authority alleging violations of this chapter or rules and
13 regulations promulgated by the authority pursuant to this
14 chapter shall be assigned by the authority to a hearing officer
15 for adjudication. Hearing officers assigned to cases pursuant to
16 this chapter may be removed by the authority only for good cause
17 shown. Following the taking and receiving of evidence, the
18 hearing officer shall issue a decision which determines the
19 merits of the complaint and assesses a penalty if warranted. The
20 hearing officer may require the filing of briefs prior to
21 issuing a decision. The hearing officer's decision shall not be
22 subject to exception or administrative appeal. In its
23 discretion, the authority may exercise review of a hearing
24 officer's decision within 15 days of the date of issuance. If
25 the authority does not perform a timely review of a hearing
26 officer's decision, the decision will become a final order
27 without further authority action. The authority may establish
28 orders or regulations which designate rules and procedures for
29 the adjudication of complaints brought pursuant to this chapter.
30 (b) Commencement of complaints.--Authority enforcement
20040H2654B4195 - 40 -
1 officers, Pennsylvania Public Utility Commission enforcement
2 officers and police officers or licensing officials within
3 cities of the first class may commence and prosecute the
4 following:
5 (1) A complaint which is brought before the authority
6 pursuant to this chapter and authority regulations applicable
7 to taxicab or limousine operations in cities of the first
8 class.
9 (2) A complaint which:
10 (i) arises out of service to or from a city of the
11 first class against a taxicab or limousine operation not
12 certified to provide service between points within a city
13 of the first class; and
14 (ii) is brought before the commission to enforce
15 commission regulations for taxicab or limousine service.
16 (c) Other penalties.--Nothing in this section shall be
17 deemed to limit the ability of any city of the first class to
18 prosecute violations and seek criminal penalties in a court of
19 law.
20 § 5706. Driver certification program.
21 (a) General rule.--The authority shall provide for the
22 establishment of a driver certification program for drivers of
23 taxicabs and limousines within cities of the first class.
24 Standards for fitness of all drivers shall be established under
25 such rules and regulations as the authority may prescribe. The
26 authority may revoke or suspend a driver's certificate upon a
27 finding that the individual is not fit to operate a taxicab or
28 limousine, as applicable. Each applicant for a driver's
29 certificate shall pay a fee in an amount to be determined
30 pursuant to the requirements of section 5707 (relating to budget
20040H2654B4195 - 41 -
1 and fees). Upon approval, a picture driver's certificate will be
2 issued to an applicant. No individual shall operate a taxicab or
3 limousine at any time unless the individual is certified as a
4 driver as by the authority. Each certified driver shall carry <--
5 and display in full view a driver's certificate at all times of
6 operation of a taxicab or limousine. The authority may establish
7 orders or regulations which designate additional requirements
8 governing the certification of drivers and the operation of
9 taxicabs or limousines by drivers, including, but not limited
10 to, dress codes for drivers.
11 (b) Violations.--Operating a taxicab or limousine without a
12 driver's certificate or authorizing or permitting the operation
13 of a taxicab or limousine by a driver who is not certified as a
14 driver by the authority within cities of the first class is a
15 nontraffic summary offense in the first instance and a
16 misdemeanor of the third degree for each offense thereafter. The
17 authority may, by regulation, provide for suspension and
18 revocation of drivers' certificates for violations of this
19 chapter and authority regulations.
20 (c) Agreements delegating responsibilities.--The authority
21 is hereby authorized to enter into agreements or contracts
22 delegating the duties and responsibilities designated in
23 subsection (a) to a different governmental entity or to another
24 party.
25 § 5707. Budget and fees.
26 (a) Initial budget and fees.--The authority shall complete
27 an initial budget and fee schedule necessary to advance the
28 purposes of this chapter. The fee schedule shall include all
29 fees for initial issuance of a medallion, transfer of a
30 medallion and all taxicab and limousine certificates. The
20040H2654B4195 - 42 -
1 authority's initial budget and fee schedule shall be submitted
2 to the Appropriations Committee of the Senate and the
3 Appropriations Committee of the House of Representatives. Unless
4 either the Senate or the House of Representatives acts to
5 disapprove through adoption of a resolution within ten
6 legislative days from the date of submittal, the authority's fee
7 schedule shall become effective, and the authority shall notify
8 each certificate holder of the initial fee schedule.
9 (b) Fiscal year budget and fees.--The fiscal year for the
10 fund shall commence on July 1 of each year. Before March 15 of
11 each year, the authority shall submit a budget and proposed fee
12 schedule, necessary to advance the purposes of this chapter, for
13 the coming fiscal year along with comprehensive financial data
14 from the past fiscal year to the Appropriations Committee of the
15 Senate and the Appropriations Committee of the House of
16 Representatives. Unless either the Senate or the House of
17 Representatives acts to disapprove through adoption of a
18 resolution by April 15 of each year, the authority fee schedule
19 shall become effective. The authority shall notify all
20 certificate holders of the fee schedule for the coming fiscal
21 year. The procedure for notifying certificate holders must be
22 specified in the regulations of the authority. If either the
23 Senate or the House of Representatives acts to disapprove the
24 authority's fee schedule and budget, the authority may submit a
25 revised budget and fee schedule to the Appropriations Committee
26 of the Senate and the Appropriations Committee of the House of
27 Representatives within 15 days of such disapproval or shall
28 utilize the fee schedule and budget for the prior year. Unless
29 either the Senate or the House of Representatives acts to
30 disapprove, through adoption of a resolution within ten
20040H2654B4195 - 43 -
1 legislative days from the date of submission of the revised
2 budget and fee schedule, the revised budget and fee schedule of
3 the authority shall become effective.
4 (c) First Class City Taxicab PHILADELPHIA TAXICAB AND <--
5 LIMOUSINE Regulatory Fund.--Money deposited in the First Class <--
6 City Taxicab PHILADELPHIA TAXICAB AND LIMOUSINE Regulatory Fund <--
7 is hereby specifically appropriated for the purposes of this
8 chapter and shall not be used for any purpose not specified in
9 this chapter. All interest earned by the fund and all refunds or
10 repayments shall be credited to the fund.
11 (d) Examination of records.--The chairperson and the
12 minority chairperson of the Appropriations Committee of the
13 Senate and the chairperson and the minority chairperson of the
14 Appropriations Committee of the House of Representatives shall
15 have the right to examine the books, accounts and records of the
16 authority at any time.
17 § 5708. Fund.
18 (a) Establishment.--The Philadelphia Taxicab and Limousine
19 Regulatory Fund is established. The fund shall consist of two <--
20 THE FOLLOWING accounts, which shall be kept separate and not <--
21 commingled:
22 (1) Taxicab Account.
23 (2) Limousine Account.
24 (3) OTHER ACCOUNTS AS DETERMINED BY THE AUTHORITY. <--
25 (b) Use of funds.--Money in the fund may be used as follows:
26 (1) Except as provided by subsection (c), money
27 deposited in the Taxicab Account is specifically appropriated
28 for the purposes of this chapter only as it relates to the
29 regulation of taxicabs and shall not be used for limousine
30 regulation and for any purpose not specified by this chapter.
20040H2654B4195 - 44 -
1 (2) Except as provided by subsection (c), money
2 deposited in the Limousine Account is specifically
3 appropriated for the purposes of this chapter only as it
4 relates to the regulation of limousines and shall not be used
5 for taxicab regulation and for any purpose not specified by
6 this chapter.
7 (c) Shared regulatory expenses.--Expenses to the fund that
8 are not exclusively related to either taxicabs or limousines
9 shall be divided as follows:
10 (1) Except as provided by paragraph (2), any expense
11 incurred by the authority for the regulation of taxicabs and
12 limousines which is not exclusively related to either
13 taxicabs or limousines shall be divided and charged to both
14 the Taxicab Account and the Limousine Account in a fair and
15 equitable manner consistent with the proportional share of <--
16 the incurred costs as determined by the authority.
17 (2) Any expense incurred by the authority for the
18 regulation of taxicabs and limousines which is not
19 exclusively related to either taxicabs or limousines and the
20 relative share of those costs cannot be determined shall be
21 divided in a fair and equitable manner between the Taxicab
22 Account and the Limousine Account based on some objective <--
23 measure, such as market share size, as determined by the
24 authority; and the authority may adjust this measure from
25 time to time to ensure its fairness. <--
26 (d) Revenues.--All sources of revenue, including fees and
27 other revenues, interest earned by the fund, refunds, repayments
28 and other deposits, shall be credited as follows:
29 (1) All revenues exclusively related to taxicabs shall
30 be deposited in the Taxicab Account.
20040H2654B4195 - 45 -
1 (2) All revenues exclusively related to limousines shall
2 be deposited in the Limousine Account.
3 (3) All revenues that are not exclusively related to
4 either taxicabs or limousines shall be divided in a manner
5 determined by the authority to be fair and equitable.
6 (e) Borrowing from the account.--As may be necessary to
7 fulfill its duty in carrying out this chapter, the authority may
8 borrow money from one account established by this section for
9 the purpose of the other account established by this section
10 provided that the borrowed amount is repaid.
11 (F) ALLOCATION OF REVENUE AND EXPENSES.--THE AUTHORITY, AT <--
12 ITS DISCRETION, MAY ALLOCATE EXPENSES AND REVENUES TO THE
13 APPROPRIATE ACCOUNTS.
14 § 5709. Transfer of money from fund.
15 All money in the First Class City Taxicab Regulatory Fund is
16 appropriated to the Taxicab Account under section 5708(a)(1)
17 (relating to fund) upon the effective date of this section.
18 Obligations of the First Class City Taxicab Regulatory Fund
19 shall be charged to the Taxicab Account. Revenue due to the
20 First Class City Taxicab Regulatory Fund shall be transferred
21 and deposited to the Taxicab Account.
22 Section 10.2. Section 5711 of Title 53 is reenacted and
23 amended to read:
24 § 5711. Power of authority to issue certificates of public
25 convenience.
26 (a) General rule.--In addition to the powers conferred upon
27 the authority by other provisions of this title, the authority
28 is empowered to issue certificates of public convenience in
29 accordance with this subchapter.
30 (b) Application.--Every application for a certificate of
20040H2654B4195 - 46 -
1 public convenience shall be made to the authority in writing, be
2 verified by oath or affirmation and be in such form and contain
3 such information as the authority may require.
4 (c) Procedure.--
5 (1) A certificate of public convenience to provide
6 taxicab service within cities of the first class shall be
7 granted by order of the authority without proof of the need
8 for the service if the authority finds or determines that the
9 applicant is capable of providing dependable taxicab service
10 to the public according to the rules and regulations of the
11 authority.
12 (2) The authority is authorized to issue a maximum of
13 1,600 certificates of public convenience for taxicab service
14 and no more than five certificates of public convenience for
15 limited service in any city of the first class.
16 (3) It is hereby declared to be the policy of the
17 General Assembly to regulate the provision of taxicab service
18 within cities of the first class in such a manner that any
19 certificate of public convenience hereinafter granted by
20 order of the authority shall, in addition to any other
21 conditions imposed by the authority, require that at least
22 40% of such trips of such taxicab service shall be derived
23 from such service provided to and from points within specific
24 geographical areas to be determined by the authority as being
25 in the public interest. The authority shall have the power to
26 rescind or revoke any certificate of public convenience
27 granted to any existing holder or any new recipient for the
28 operation of taxicabs within a city of the first class
29 whenever it is shown that the holder of the certificate is
30 not operating the taxicabs on an average of 50% of the time
20040H2654B4195 - 47 -
1 over any consecutive three-month period.
2 (4) The authority shall have the authority to grant
3 immediate temporary certificates of public convenience for
4 taxicab service within cities of the first class. Such
5 temporary certificates are subject to further investigation
6 before a permanent certificate shall be granted by the
7 authority.
8 (5) The transfer of a certificate of public convenience,
9 by any means or device, shall be subject to the prior
10 approval of the authority which may, in its sole or peculiar
11 discretion as it deems appropriate, attach such conditions,
12 including the appropriate allocation of proceeds, as it may
13 find to be necessary or proper.
14 (6) A certificate of public convenience to convey or
15 transmit to and from taxicabs messages or communications
16 within cities of the first class through the use of
17 centralized dispatch systems shall be granted by order of the
18 authority if the authority finds that the applicant is
19 capable of providing dependable service according to the
20 rules and regulations of the authority.
21 Section 10.3. Sections 5712 and 5713 of Title 53 are
22 reenacted to read:
23 § 5712. Medallion system.
24 (a) System.--There is a medallion system within cities of
25 the first class in order to provide holders of certificates of
26 public convenience which authorize citywide call or demand
27 service the opportunity to upgrade and improve the operations of
28 taxicabs. In the case of a corporate certificate holder, a
29 medallion shall be issued in the name of the corporation to its
30 corporate president. The medallion shall be marked with the
20040H2654B4195 - 48 -
1 taxicab number assigned to the corresponding certificate of
2 public convenience.
3 (b) Requirement.--Notwithstanding 75 Pa.C.S. § 1305(b)
4 (relating to application for registration), before registering
5 any taxi which is required to obtain a certificate of public
6 convenience from the authority to operate in a city of the first
7 class, the Department of Transportation shall require evidence
8 that the certificate has been issued and has not been revoked or
9 has not expired.
10 § 5713. Property and licensing rights.
11 (a) Property rights.--Medallions are property and may not be
12 revoked or canceled by the authority. Medallions may be pledged
13 to lenders or creditors as security on debt. All lenders or
14 creditors who, after the effective date of this section, accept
15 a medallion as security shall do so in conformance with 13
16 Pa.C.S. (relating to commercial code). If a lender or creditor
17 executes on or seizes a medallion, it shall immediately notify
18 the authority in writing. Any sale of the medallion, upon
19 seizure or execution, shall occur at authority offices pursuant
20 to the requirements of section 5718 (relating to restrictions)
21 within one year of the seizure or execution. If the medallion is
22 not sold within one year, the medallion will become
23 nontransferable, and possession must be surrendered to the
24 authority unless the authority finds exigent circumstances exist
25 which warrant extending the one-year period.
26 (b) Licensing rights.--A certificate of public convenience
27 is a licensing right which accompanies each medallion and
28 authorizes the operation of one taxicab within a city of the
29 first class. No property interest shall exist in the certificate
30 itself. A certificate may not be pledged to lenders or creditors
20040H2654B4195 - 49 -
1 as security on debt. A certificate may be canceled by the
2 authority, upon due cause shown, for violation of this
3 subchapter or authority regulations. If the authority cancels a
4 certificate, the certificate holder shall have the right to sell
5 the accompanying medallion within six months of the date of
6 cancellation, and the certificate holder must turn the medallion
7 over to the authority office within five days of cancellation of
8 the certificate for safekeeping until the medallion is sold.
9 This six-month time period shall be extended during the pendency
10 of a petition for reinstatement of the certificate of public
11 convenience. If the medallion is not sold within the statutory
12 period, the medallion will become nontransferable, and
13 possession must be surrendered to the authority.
14 Section 11. Section 5714 of Title 53 is reenacted and
15 amended to read:
16 § 5714. Certificate and medallion required.
17 (a) Procedure.--A vehicle may not be operated as a taxicab
18 with citywide call or demand rights in cities of the first class
19 unless a certificate of public convenience is issued by an
20 authority authorizing the operation of the taxicab and a
21 medallion is attached to the hood of the vehicle. Prior to the
22 issuance of a medallion, the certificate holder shall have its
23 vehicle inspected by the authority. The authority shall require,
24 by order or regulation, that each medallion holder submit to a
25 periodic vehicle inspection of its taxicab by authority
26 personnel to ensure that the vehicle meets the requirements of
27 this subchapter and authority regulations. Authority inspection
28 requirements shall be in addition to the vehicle requirements
29 set forth in Title 75 (relating to vehicles). Authority
30 inspection and recording requirements shall be established by
20040H2654B4195 - 50 -
1 regulations. No vehicle which is more than eight years old shall
2 continue in operation as a taxicab. Notwithstanding the
3 foregoing, the authority may authorize the operation of antique
4 vehicles in call or demand service in such circumstances as the
5 authority may deem appropriate. Each medallion holder's tariff
6 rates shall be clearly and visibly displayed in each taxicab. A
7 medallion shall not be removed from a vehicle without prior
8 notification to and permission of the authority. A medallion
9 authorizes operation of a vehicle as a taxicab only for the
10 fiscal year for which the medallion is issued.
11 (b) Protective barrier.--Each taxicab within cities of the
12 first class shall be equipped with a protective barrier for the
13 protection of the driver, separating the front seat from the
14 back seat. The authority may provide for additional driver
15 protection measures by order or regulation.
16 (c) Service.--A vehicle authorized by a certificate to
17 provide call or demand service within cities of the first class
18 may transport persons and their baggage upon call or demand and
19 parcels, packages and property at the same basic metered rates
20 charged to passengers:
21 (1) between points in the city of the first class for
22 which its certificate is issued;
23 (2) from any point in the city of the first class for
24 which its certificate is issued to any point in this
25 Commonwealth;
26 (3) from any point in this Commonwealth to any point in
27 the city of the first class for which its certificate is
28 issued if the request for service for such transportation is
29 received by call to its centralized dispatch system; and
30 (4) from any point in the city of the first class for
20040H2654B4195 - 51 -
1 which its certificate is issued to any point outside this
2 Commonwealth as a continuous part of a trip.
3 (d) Other vehicles.--
4 (1) A vehicle which is not authorized by a certificate
5 to provide call or demand service within cities of the first
6 class but which is operated by the holder of a certificate of
7 public convenience from the Pennsylvania Public Utility
8 Commission authorizing call or demand service elsewhere in
9 this Commonwealth may transport persons and property:
10 (i) to cities of the first class in accordance with
11 the service authorized under its certificate of public
12 convenience; and
13 (ii) from any point in a city of the first class to
14 any point in this Commonwealth beyond that city of the
15 first class if the request for service for such
16 transportation is received by call to its radio dispatch
17 service.
18 (2) Carriers currently authorized to provide service to
19 designated areas within cities of the first class on a non-
20 citywide basis shall retain their authorization through the
21 authority. The authority shall not grant additional rights to
22 new or existing carriers to serve designated areas within
23 cities of the first class on a non-citywide basis.
24 (e) Penalties involving certificated taxicabs.--Operating a
25 certificated taxicab in violation of subsections (a) and (b) or
26 authorizing or permitting such operation is a nontraffic summary
27 offense. Offenders of subsections (a) and (b) may also be
28 subject to civil penalties pursuant to section 5725 (relating to
29 civil penalties).
30 (f) Unauthorized vehicles.--Operating an unauthorized
20040H2654B4195 - 52 -
1 vehicle as a taxicab, or giving the appearance of offering call
2 or demand service with an unauthorized vehicle, without first
3 having received a certificate of public convenience and a
4 medallion is a nontraffic summary offense in the first instance
5 and a misdemeanor of the third degree for each offense
6 thereafter. The owner and the driver of a vehicle being operated
7 as or appearing as a taxicab without a certificate of public
8 convenience and a medallion are also subject to civil penalties
9 pursuant to section 5725. Civil penalties which have been
10 assessed and collected shall be deposited in the fund.
11 (g) Confiscation and impoundment of vehicles.--
12 (1) In addition to penalties provided for in subsection
13 (f), [police officers in cities of the first class are] THE <--
14 AUTHORITY IS empowered to confiscate and impound vehicles
15 [and equipment], MEDALLIONS and equipment which are utilized <--
16 to provide call or demand service without a proper
17 certificate of public convenience [and a medallion.] in
18 cities of the first class or which are in violation of
19 regulations of the authority. Upon satisfaction of all
20 penalties imposed and all outstanding fines assessed against
21 the owner or operator of the [unauthorized] confiscated
22 vehicle and payment of the [city's] costs of the authority
23 associated with confiscation and impoundment, the vehicle, <--
24 MEDALLION and equipment shall be returned to its [owner.
25 Failure to timely satisfy these conditions within 90 days of
26 impoundment may result in the sale of confiscated property by
27 a city of the first class at auction. Proceeds received from
28 the sale of confiscated property, after payment of the city's
29 costs associated with confiscation, shall be deposited into
30 the fund.] registered owner or registered lienholder.
20040H2654B4195 - 53 -
1 (2) (i) If an owner or operator does not satisfy all
2 penalties imposed and all outstanding fines assessed
3 within 45 days of the date of impoundment, the authority
4 may publicly auction all confiscated property.
5 (ii) The authority shall, at least 30 days before
6 the date of the public auction, provide notice by regular
7 mail to the registered owner and any registered
8 lienholder of the public auction of confiscated vehicles
9 and equipment. The notice required under this
10 subparagraph may be provided within the period of 45 days
11 of the date of impoundment.
12 (3) The authority shall apply the proceeds from the sale
13 of all confiscated property in the following order:
14 (i) To the costs of the authority associated with
15 the confiscation, impoundment and auction.
16 (ii) To all penalties imposed and all outstanding
17 fines assessed against the owner and operator of the
18 confiscated property.
19 (iii) Except as provided in subparagraph (v), to the
20 lien of any registered lienholder of the confiscated
21 property upon demand.
22 (iv) Except as provided in subparagraph (v), to the
23 registered owner of the confiscated property upon demand.
24 (v) When not claimed by any registered lienholder or
25 registered owner within one year of the auction date,
26 remaining proceeds shall be deposited into the fund.
27 (g.1) Assessment.--After application of the proceeds from
28 the sale of confiscated property under subsection (f), the
29 uncompensated costs of the authority associated with the
30 confiscation, impoundment and auction and all outstanding
20040H2654B4195 - 54 -
1 penalties imposed and all outstanding fines assessed against the
2 registered owner or operator of the confiscated property may be
3 assessed against the registered owner or operator of the
4 confiscated property as the authority may prescribe by
5 regulation.
6 (h) Counterfeit medallions.--The manufacture or possession
7 of a counterfeit medallion is a misdemeanor of the third degree
8 for each offense.
9 Section 11.1. Section 5715 of Title 53 is amended to read:
10 [§ 5715. Contested complaints.
11 (a) Adjudication.--Contested complaints brought before the
12 authority alleging violations of this subchapter or rules and
13 regulations promulgated by the authority pursuant to this
14 subchapter shall be assigned by the authority to a hearing
15 officer for adjudication. Hearing officers assigned to cases
16 pursuant to this subchapter may be removed by the authority only
17 for good cause shown. Following the taking and receiving of
18 evidence, the hearing officer shall issue a decision which
19 determines the merits of the complaint and assesses a penalty if
20 warranted. In extraordinary circumstances, the hearing officer
21 may require the filing of briefs prior to issuing a decision.
22 The hearing officer's decision shall not be subject to exception
23 or administrative appeal. In its discretion, the authority may
24 exercise review of a hearing officer's decision within 15 days
25 of the date of issuance. If the authority does not exercise its
26 authority to review a hearing officer's decision, the decision
27 will become a final order without further authority action. The
28 authority may establish orders or regulations which designate
29 rules and procedures for the adjudication of complaints brought
30 pursuant to this subchapter.
20040H2654B4195 - 55 -
1 (b) Commencement of complaints.--Authority enforcement
2 officers, Pennsylvania Public Utility Commission enforcement
3 officers and police officers or licensing officials within
4 cities of the first class may commence and prosecute complaints
5 brought before the authority pursuant to this subchapter and
6 authority regulations applicable to taxicab operations in cities
7 of the first class.
8 (c) Other penalties.--Nothing in this section shall be
9 deemed to limit the ability of any city of the first class to
10 prosecute violations and seek criminal penalties in a court of
11 law.]
12 Section 11.2. Section 5716 of Title 53 is reenacted to read:
13 § 5716. Reissuance of medallion.
14 Within 30 days of the close of each fiscal year, a medallion
15 holder shall apply to obtain from the authority a reissued
16 medallion for a fee in an amount to be determined pursuant to
17 the requirements of section 5723 (relating to budget and fees).
18 Each year's medallion shall designate the year of issuance and
19 shall be identifiable by a distinctive tint or color and shape
20 to be determined by the authority. A medallion may not be issued
21 by the authority unless all outstanding authority fines,
22 penalties and fees have been paid in full and unless all
23 insurance, tariff and vehicle inspection filings are current.
24 Immediately prior to reissuance of a medallion, a medallion
25 holder shall remove the prior year's medallion from the hood of
26 its taxicab and surrender it to the authority. Upon reissuance,
27 the new medallion shall be immediately attached to the vehicle.
28 Section 11.3. Section 5717 of Title 53 is reenacted and
29 amended to read:
30 § 5717. Additional certificates and medallions.
20040H2654B4195 - 56 -
1 Subject to the limits established in section 5711(c)
2 (relating to power of authority to issue certificates of public
3 convenience), the authority may increase the number of
4 certificates and medallions if it finds a need for additional
5 taxicab service in cities of the first class by issuing
6 certificates and corresponding medallions to applicants on a
7 first-come-first-served basis. Each applicant shall pay a fee in
8 an amount equal to the reasonable market value of the medallions
9 at the time of issuance as determined by the authority. The fee
10 is payable prior to the time of issuance. In determining the
11 reasonable market value of a medallion, the authority shall
12 consider the purchase price in medallion transactions over the
13 prior year as reflected in authority records. The authority in
14 its discretion may hold hearings to determine the reasonable
15 market value of a medallion. In no case shall the number of
16 citywide call or demand service taxicab certificates and
17 medallions issued by the authority exceed 1,600 each.
18 Section 11.4. Section 5718 of Title 53 is reenacted AND <--
19 AMENDED to read:
20 § 5718. Restrictions.
21 (a) Place of transaction.--A medallion may not be sold or
22 transferred to another party unless the closing of the sales
23 transaction occurs at authority offices in the presence of a
24 designated authority staff member. The authority staff member
25 shall witness the execution of each contract of sale to evidence
26 staff presence at the execution. All contracts for the sale of
27 medallions which are not executed at authority offices and
28 witnessed by an authority staff member are void by operation of
29 law. All sales contracts shall conform to such rules and
30 regulations as the authority may prescribe. Prior to each
20040H2654B4195 - 57 -
1 closing, the buyer of the medallion shall pay a fee in an amount
2 to be determined pursuant to the requirements of section [5723] <--
3 5707 (relating to budget and fees).
4 (b) Issuance of certificate.--Upon the witnessing of a sale
5 of a medallion and upon application of the purchaser and
6 compliance with authority tariff, insurance and inspection
7 requirements, the authority staff shall issue an accompanying
8 certificate to the new medallion holder unless the authority
9 determines that the transfer of the certificate is inconsistent
10 with the public interest. Where there is a determination that a
11 transfer is not in the public interest, the new medallion holder
12 shall have six months from the date the adverse determination is
13 entered to sell the medallion to a new owner. If a sale is not
14 consummated before authority personnel within six months, the
15 medallion will become nontransferable, and possession must be
16 surrendered to the authority.
17 (c) Criminal records.--No person or corporation may purchase
18 a medallion or apply for a certificate if the person or
19 corporation or an officer or director of the corporation has
20 been convicted or found guilty of a felony within the five-year
21 period immediately preceding the transfer. All applications for
22 a certificate shall contain a sworn affidavit certifying that
23 the purchaser has not been convicted of a felony in the previous
24 five years. If, at any time, the authority finds that a
25 medallion holder has been convicted of a felony while holding
26 the medallion or during the five years immediately preceding its
27 purchase, the authority shall cancel the corresponding
28 certificate.
29 Section 11.5. Section 5719 of Title 53 is amended to read:
30 [§ 5719. Driver certification program.
20040H2654B4195 - 58 -
1 (a) General rule.--The authority shall provide for the
2 establishment of a driver certification program for drivers of
3 taxicabs within cities of the first class. Standards for fitness
4 of taxi drivers shall be established under such rules and
5 regulations as the authority may prescribe. The authority may
6 revoke or suspend a taxi driver's certificate upon a finding
7 that the individual is not fit to operate a taxicab. Each
8 applicant for a taxi driver's certificate shall pay a fee in an
9 amount to be determined pursuant to the requirements of section
10 5723 (relating to budget and fees). Upon approval, a picture
11 taxi driver's certificate will be issued to an applicant. No
12 individual shall operate a taxicab at any time unless the
13 individual is certified as a taxi driver by the authority. Each
14 certified taxi driver shall carry and display in full view a
15 taxi driver's certificate at all times of operation of a
16 taxicab. The authority may establish orders or regulations which
17 designate additional requirements governing the certification of
18 drivers and the operation of taxicabs by drivers, including, but
19 not limited to, dress codes for drivers.
20 (b) Violations.--Operating a taxicab without a taxi driver's
21 certificate or authorizing or permitting the operation of a
22 taxicab by a driver who is not certified as a taxi driver within
23 cities of the first class is a nontraffic summary offense in the
24 first instance and a misdemeanor of the third degree for each
25 offense thereafter. The authority may, by regulation, provide
26 for suspension and revocation of taxi drivers' certificates for
27 violations of this subchapter and authority regulations.
28 (c) Agreements delegating responsibilities.--The authority
29 is hereby authorized to enter into agreements or contracts
30 delegating the duties and responsibilities designated in
20040H2654B4195 - 59 -
1 subsection (a) to a different governmental entity or to another
2 party.]
3 Section 11.6. Section 5720 of Title 53 is reenacted and
4 amended to read:
5 § 5720. Wages.
6 (a) Minimum wage.--Each medallion holder shall pay at least
7 a prevailing minimum wage rate or, in the alternative, charge at
8 most a prevailing maximum lease amount to the drivers of its
9 taxicab, as determined by the authority upon investigation. The
10 minimum wage rate and the maximum lease amount, as established
11 by the authority, may include employee benefits.
12 (b) Uniform rates.--All taxicabs [within] with citywide call
13 and demand rights in cities of the first class shall charge a
14 uniform rate to passengers, as determined by the authority upon
15 investigation.
16 (c) Reopen investigations.--Any [medallion holder or
17 licensed] holder of a certificate of public convenience or
18 certified driver may petition the authority to reopen the
19 investigations addressed by subsections (a) and (b) no less than
20 18 months after the close of the preceding investigation.
21 Section 12. Section 5721 of Title 53 is reenacted to read:
22 § 5721. Centralized dispatcher.
23 In cities of the first class, all medallion holders shall
24 utilize the services of a centralized dispatch system. Any owner
25 of a centralized dispatch system shall make such system
26 available to all medallion holders for a reasonable fee, as
27 described in a rate schedule to be filed with the authority. The
28 authority, in its discretion, may review the rate schedules of
29 dispatch associations to determine if rates charged discriminate
30 against new applicants. Medallion holders shall utilize only
20040H2654B4195 - 60 -
1 centralized dispatch systems that are in conformance with
2 authority rules and regulations. Medallion holders shall have no
3 obligation to use any particular centralized dispatch system.
4 Section 13. Section 5722 of Title 53 is reenacted and
5 amended to read:
6 § 5722. Regulations.
7 The authority may prescribe such rules and regulations as it
8 deems necessary to govern the regulation of taxicabs within
9 cities of the first class under this [subchapter.] chapter. The
10 authority has the powers set forth in this section
11 notwithstanding any other provision or law or of the articles of
12 incorporation of the authority.
13 Section 13.1. Section 5723 of Title 53 is amended to read:
14 [§ 5723. Budget and fees.
15 (a) Initial budget and fees.--The authority shall complete
16 an initial budget and fee schedule. The fee schedule shall
17 identify the initial fees for initial issuance of a medallion,
18 transfer of a medallion and issuance of a taxi driver's license.
19 The authority's initial budget and fee schedule shall be
20 submitted to the Appropriations Committee of the Senate and the
21 Appropriations Committee of the House of Representatives. Unless
22 either the Senate or the House of Representatives acts to
23 disapprove through adoption of a resolution within ten
24 legislative days from the date of submittal, the authority's fee
25 schedule shall become effective, and the authority shall notify
26 each medallion holder by certified letter of the initial fee
27 schedule.
28 (b) Fiscal year budget and fees.--The fiscal year for the
29 fund shall commence on July 1 of each year. Before March 15 of
30 each year, the authority shall submit a budget and proposed fee
20040H2654B4195 - 61 -
1 schedule for the coming fiscal year along with comprehensive
2 financial data from the past fiscal year to the Appropriations
3 Committee of the Senate and the Appropriations Committee of the
4 House of Representatives. Unless either the Senate or the House
5 of Representatives acts to disapprove through adoption of a
6 resolution by June 15 of each year, the authority fee schedule
7 shall become effective. The authority shall notify all medallion
8 holders of the fee schedule for the coming fiscal year by
9 certified letter. If either the Senate or the House of
10 Representatives acts to disapprove the authority's fee schedule
11 and budget, the authority shall utilize the fee schedule and
12 budget for the prior year.
13 (c) First Class City Taxicab Regulatory Fund.--Money
14 deposited in the First Class City Taxicab Regulatory Fund is
15 hereby specifically appropriated for the purposes of this
16 chapter and shall not be used for any purpose not specified in
17 this chapter. All interest earned by the fund and all refunds or
18 repayments shall be credited to the fund.
19 (d) Examination of records.--The chairperson and the
20 minority chairperson of the Appropriations Committee of the
21 Senate and the chairperson and the minority chairperson of the
22 Appropriations Committee of the House of Representatives shall
23 have the right to examine the books, accounts and records of the
24 authority at any time.]
25 Section 14. Sections 5724 and 5725 of Title 53 are reenacted
26 to read:
27 § 5724. Criminal penalties.
28 For the purpose of this subchapter, any person or corporation
29 convicted of:
30 (1) a summary offense shall be sentenced to pay a fine
20040H2654B4195 - 62 -
1 of $500 and may be sentenced to a term of imprisonment not to
2 exceed 90 days or both; or
3 (2) a misdemeanor shall be sentenced to pay a fine of
4 $2,500 and may be sentenced to a term of imprisonment not to
5 exceed one year or both.
6 § 5725. Civil penalties.
7 (a) General rule.--If any person or corporation subject to
8 this subchapter shall violate any of the provisions of this
9 subchapter or shall do any matter or thing prohibited under this
10 subchapter; or shall fail, omit, neglect or refuse to perform
11 any duty enjoined upon it by this subchapter; or shall fail,
12 omit, neglect or refuse to obey, observe and comply with any
13 regulation or final direction, requirement, determination or
14 order made by the authority or to comply with any final
15 judgment, order or decree made by any court, the person or
16 corporation for the violation, omission, failure, neglect or
17 refusal shall forfeit and pay to the Commonwealth a sum not
18 exceeding $1,000 to be recovered by an action of assumpsit
19 instituted in the name of the Commonwealth. In construing and
20 enforcing the provisions of this section, the violation,
21 omission, failure, neglect or refusal of any officer, agent or
22 employee acting for or employed by the person or corporation
23 shall in every case be deemed to be the violation, omission,
24 failure, neglect or refusal of the person or corporation.
25 (b) Continuing offenses.--Each and every day's continuance
26 in the violation of any regulation or final direction,
27 requirement, determination or order of the authority, or of any
28 final judgment, order or decree made by any court, shall be a
29 separate and distinct offense. If any interlocutory order of
30 supersedeas or a preliminary injunction be granted, no penalties
20040H2654B4195 - 63 -
1 shall be incurred or collected for or on account of any act,
2 matter or thing done in violation of such final direction,
3 requirement, determination, order or decree so superseded or
4 enjoined for the period of time such order of supersedeas or
5 injunction is in force.
6 Section 15. Section 5741 of Title 53 is reenacted and
7 amended to read:
8 § 5741. Certificate of public convenience required.
9 (a) General rule.--In order to operate a limousine service
10 within a city of the first class, THE LIMOUSINE SERVICE MUST <--
11 HAVE a certificate of public convenience must be issued [by the <--
12 authority.] [MUST BE] ISSUED BY THE AUTHORITY[.] under section <--
13 5741.1 (relating to power of authority). The authority may grant
14 a certificate of public convenience to provide limousine service
15 if the authority determines that the applicant is capable of
16 providing safe, adequate, lawful and dependable service to the
17 public. THE AUTHORITY MAY BY REGULATION DEFINE CATEGORIES OF <--
18 LIMOUSINE SERVICE. THE AUTHORITY MAY SEPARATELY GRANT
19 CERTIFICATES OF PUBLIC CONVENIENCE FOR EACH CATEGORY OF
20 LIMOUSINE SERVICE AND SPECIFY THE RIGHTS ASSOCIATED WITH THE
21 CERTIFICATES OF PUBLIC CONVENIENCE BY CATEGORY OF LIMOUSINE
22 SERVICE.
23 (a.1) Service ADVANCED RESERVATION LIMOUSINE SERVICE.--A <--
24 vehicle authorized by a certificate OF PUBLIC CONVENIENCE issued <--
25 by the authority to provide limousine service within a city of
26 the first class may transport persons and their baggage upon
27 advance reservation:
28 (1) between points in the city of the first class for
29 which its certificate is issued;
30 (2) from any point in the city of the first class for
20040H2654B4195 - 64 -
1 which its certificate is issued to any point in this
2 Commonwealth;
3 (3) from any point in this Commonwealth to any point in
4 the city of the first class for which its certificate issued;
5 and
6 (4) from any point in the city of the first class for
7 which its certificate is issued to any point outside this
8 Commonwealth as part of a continuous trip.
9 (A.2) OTHER LIMOUSINE SERVICE.--A VEHICLE AUTHORIZED BY A <--
10 CERTIFICATE OF PUBLIC CONVENIENCE ISSUED BY THE AUTHORITY TO
11 PROVIDE NONEXCLUSIVE, SCHEDULED LIMOUSINE SERVICE MAY TRANSPORT
12 PERSONS AND THEIR BAGGAGE TO OR FROM ANY AIRPORT, RAILROAD
13 STATION OR HOTEL LOCATED IN WHOLE OR IN PART IN A CITY OF THE
14 FIRST CLASS WITHOUT ADVANCED RESERVATION IN ACCORDANCE WITH
15 RULES AND REGULATIONS ESTABLISHED BY THE AUTHORITY.
16 (a.2) Other vehicles.-- (A.3) COMMISSION LIMOUSINE <--
17 CERTIFICATE HOLDERS.--A vehicle which is not authorized by a
18 certificate OF PUBLIC CONVENIENCE ISSUED BY THE AUTHORITY to <--
19 provide limousine service in a city of the first class but which
20 is operated by the holder of a certificate of public convenience
21 from the commission authorizing limousine service elsewhere in
22 this Commonwealth may transport persons and their baggage:
23 (1) to a city of the first class upon advanced
24 reservation and in accordance with the service authorized
25 under its certificate of public convenience; and
26 (2) from any point in a city of the first class to any
27 point in this Commonwealth beyond the city of the first class
28 upon advance reservation in accordance with the service
29 authorized under its certificate of public convenience, <--
30 EXCLUDING SERVICE FROM ANY AIRPORT, RAILROAD STATION AND
20040H2654B4195 - 65 -
1 HOTEL LOCATED IN WHOLE OR IN PART IN A CITY OF THE FIRST
2 CLASS.
3 (b) Enforcement.--
4 (1) The provisions of this subchapter and the rules and
5 regulations promulgated by the authority pursuant to this
6 subchapter shall be enforced within cities of the first class
7 by authority personnel.
8 (2) The Pennsylvania Public Utility Commission may
9 initiate actions before the authority.
10 (c) Restrictions.--Certificates issued pursuant to this
11 subchapter shall be nontransferable unless a transfer is
12 approved by the authority.
13 (d) Penalties involving certified limousines.--Operating a
14 certificated limousine in violation of this subchapter and
15 authority regulations with regard to limousine service in a city
16 of the first class or authorizing or permitting such operation
17 is a nontraffic summary offense. Offenders may also be subject
18 to civil penalties pursuant to section 5745 (relating to civil
19 penalties).
20 (e) Unauthorized vehicles.--Operating an unauthorized
21 vehicle as a limousine or giving the appearance of offering
22 limousine service with an unauthorized vehicle, without first
23 having received a certificate of public convenience, is a
24 nontraffic summary offense in the first instance and a
25 misdemeanor of the third degree for each subsequent offense. The
26 owner and the driver of a vehicle being operated as a limousine
27 without a certificate of public convenience are also subject to
28 civil penalties pursuant to section 5745. Civil penalties which
29 have been assessed and collected shall be deposited in the fund.
30 (f) Confiscation and impoundment of vehicles.--
20040H2654B4195 - 66 -
1 (1) In addition to penalties provided for in subsection
2 (d) and (e), the authority is empowered to confiscate and
3 impound vehicles and equipment which are utilized to provide
4 limousine service without a proper certificate of public
5 convenience in a city of the first class or which are in
6 violation of regulations of the authority. Upon satisfaction
7 of all penalties imposed and all outstanding fines assessed
8 against the owner or operator of the confiscated vehicle and
9 equipment and payment of the authority's costs associated
10 with confiscation and impoundment, the vehicle and equipment
11 shall be returned to its registered owner or registered
12 lienholder.
13 (2) (i) If an owner or operator does not satisfy all
14 penalties imposed and all outstanding fines assessed
15 within 45 days of the date of impoundment, the authority
16 may publicly auction all confiscated property.
17 (ii) The authority shall, at least 30 days before
18 the date of the public auction, provide notice by regular
19 mail to the registered owner and any registered
20 lienholder of the public auction of confiscated vehicles
21 and equipment. The notice required under this
22 subparagraph may be provided within the period of 45 days
23 of the date of impoundment.
24 (3) The authority shall apply the proceeds from the sale
25 of all confiscated property in the following order:
26 (i) To the costs of the authority associated with
27 the confiscation, impoundment and auction.
28 (ii) To all penalties imposed and all outstanding
29 fines assessed against the owner and operator of the
30 confiscated property.
20040H2654B4195 - 67 -
1 (iii) Except as provided in subparagraph (v), to the
2 lien of any registered lienholder of the confiscated
3 property upon demand.
4 (iv) Except as provided in subparagraph (v), to the
5 registered owner of the confiscated property upon demand.
6 (v) When not claimed by any registered lienholder or
7 registered owner within one year of the auction date,
8 remaining proceeds shall be deposited into the fund.
9 (f.1) Assessment.--After application of the proceeds from
10 the sale of confiscated property under subsection (f), the
11 uncompensated costs of the authority associated with the
12 confiscation, impoundment and auction and all outstanding
13 penalties imposed and all outstanding fines assessed against the
14 registered owner or operator of the confiscated property may be
15 assessed against the registered owner or operator of the
16 confiscated property as the authority may prescribe by
17 regulation.
18 Section 16. Title 53 is amended by adding a section to read:
19 § 5741.1. Power of authority.
20 (a) General rule.--In addition to the other powers conferred
21 upon the authority by other provisions of this title, the
22 authority is empowered to issue certificates of public
23 convenience in accordance with this subchapter.
24 (b) Application.--An application for a certificate of public
25 convenience must be made to the authority in writing, be
26 verified by oath or affirmation, be in the form required by the
27 authority and contain information required by the authority.
28 (c) Procedure.--
29 (1) The authority has the power to rescind or revoke a
30 certificate of public convenience granted to an existing
20040H2654B4195 - 68 -
1 holder or a new recipient for the operation of limousines
2 within a city of the first class.
3 (2) The authority has the power to grant immediate
4 temporary certificates of convenience for limousine service
5 within cities of the first class. Temporary certificates are
6 subject to further investigation before a permanent
7 certificate shall be granted by the authority.
8 (3) The transfer of a certificate of public convenience,
9 by any means or device, shall be subject to the prior
10 approval of the authority which may attach conditions it
11 deems proper.
12 Section 17. Section 5742 of Title 53 is REENACTED AND <--
13 amended to read:
14 § 5742. Regulations.
15 The authority is authorized to prescribe such rules and
16 regulations as it deems necessary to administer and enforce
17 [this chapter.] the regulation of limousine service certified
18 through the authority under this chapter. The authority has the
19 powers set forth in this section notwithstanding any other
20 provision of law or of the authority's articles of
21 incorporation.
22 Section 18. Section 5743 of Title 53 is amended to read:
23 [§ 5743. Budget and fees.
24 (a) Initial budget and fees.--The authority shall complete
25 an initial budget and fee schedule. The fee schedule shall
26 identify the initial fees for the holder of a certificate of
27 public convenience for limousine service. The authority's
28 initial budget and fee schedule shall be submitted to the
29 Appropriations Committee of the Senate and the Appropriations
30 Committee of the House of Representatives. Unless either the
20040H2654B4195 - 69 -
1 Senate or the House of Representatives acts to disapprove
2 through adoption of a resolution within ten legislative days
3 from the date of submittal, the authority's fee schedule shall
4 become effective, and the authority shall notify each
5 certificate holder by certified letter of the initial fee
6 schedule.
7 (b) Fiscal year budget and fees.--The fiscal year for the
8 fund shall commence on July 1 of each year. Before March 15 of
9 each year, the authority shall submit a budget and proposed fee
10 schedule for the coming fiscal year along with comprehensive
11 financial data from the past fiscal year to the Appropriations
12 Committee of the Senate and the Appropriations Committee of the
13 House of Representatives. Unless either the Senate or the House
14 of Representatives acts to disapprove through adoption of a
15 resolution by June 15 of each year, the authority fee schedule
16 shall become effective. The authority shall notify all
17 certificate holders of the fee schedule for the coming fiscal
18 year by certified letter. If either the Senate or the House of
19 Representatives acts to disapprove the authority's fee schedule
20 and budget, the authority shall utilize the fee schedule and
21 budget for the prior year.
22 (c) First Class City Taxicab Regulatory Fund.--Money
23 deposited in the First Class City Taxicab Regulatory Fund is
24 hereby specifically appropriated for the purposes of this
25 chapter and shall not be used for any purpose not specified in
26 this chapter. All interest earned by the fund and all refunds or
27 repayments shall be credited to the fund.
28 (d) Examination of records.--The chairperson and the
29 minority chairperson of the Appropriations Committee of the
30 Senate and the chairperson and the minority chairperson of the
20040H2654B4195 - 70 -
1 Appropriations Committee of the House of Representatives shall
2 have the right to examine the books, accounts and records of the
3 authority at any time.]
4 Section 18.1. Sections 5744 and 5745 of Title 53 are
5 reenacted to read:
6 § 5744. Criminal penalties.
7 For the purpose of this subchapter, any person or corporation
8 convicted of:
9 (1) a summary offense shall be sentenced to pay a fine
10 of $500 and may be sentenced to a term of imprisonment not to
11 exceed 90 days or both; or
12 (2) a misdemeanor shall be sentenced to pay a fine of
13 $2,500 and may be sentenced to a term of imprisonment not to
14 exceed one year or both.
15 § 5745. Civil penalties.
16 (a) General rule.--If any person or corporation subject to
17 this subchapter shall violate any of the provisions of this
18 subchapter or shall do any matter or thing prohibited under this
19 subchapter; or shall fail, omit, neglect or refuse to perform
20 any duty enjoined upon it by this subchapter; or shall fail,
21 omit, neglect or refuse to obey, observe and comply with any
22 regulation or final direction, requirement, determination or
23 order made by the authority or to comply with any final
24 judgment, order or decree made by any court, the person or
25 corporation for the violation, omission, failure, neglect or
26 refusal shall forfeit and pay to the Commonwealth a sum not
27 exceeding $1,000 to be recovered by an action of assumpsit
28 instituted in the name of the Commonwealth. In construing and
29 enforcing the provisions of this section, the violation,
30 omission, failure, neglect or refusal of any officer, agent or
20040H2654B4195 - 71 -
1 employee acting for or employed by the person or corporation
2 shall in every case be deemed to be the violation, omission,
3 failure, neglect or refusal of the person or corporation.
4 (b) Continuing offenses.--Each and every day's continuance
5 in the violation of any regulation or final direction,
6 requirement, determination or order of the authority, or of any
7 final judgment, order or decree made by any court, shall be a
8 separate and distinct offense. If any interlocutory order of
9 supersedeas or a preliminary injunction be granted, no penalties
10 shall be incurred or collected for or on account of any act,
11 matter or thing done in violation of such final direction,
12 requirement, determination, order or decree so superseded or
13 enjoined for the period of time such order of supersedeas or
14 injunction is in force.
15 Section 19. The provisions of 66 Pa.C.S. §§ 510(b)(5) and
16 1103(c) and 66 Pa.C.S Ch. 24 are repealed.
17 Section 20. The following provisions shall not apply to or
18 affect the validity of any contract otherwise within the purview
19 of such provisions entered into by the Pennsylvania Public
20 Utility Commission prior to the effective date of this section:
21 (1) The reenactment of 53 Pa.C.S. § 5505(d)(23).
22 (2) The reenactment of 53 Pa.C.S. § 5508.1(o).
23 (2.1) The reenactment of 53 Pa.C.S. § 5508.2.
24 (3) The reenactment of 53 Pa.C.S. §§ 5510.1 through
25 5510.11.
26 (4) The reenactment, amendment or addition of 53 Pa.C.S.
27 §§ 5701, 5701.1, 5702, 5703, 5704, 5705, 5706, 5707, 5711,
28 5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719, 5720, 5721,
29 5722, 5723, 5724, 5725, 5741, 5741.1, 5742, 5743, 5744 and
30 5745.
20040H2654B4195 - 72 -
1 (5) Section 19 of this act.
2 (6) Section 21 of this act.
3 (7) Section 22 of this act.
4 (8) Section 24 of this act.
5 Section 21. The following provisions do not affect any act
6 done, liability incurred or right accrued or vested or affect
7 any civil or criminal proceeding pending or to be commenced to
8 enforce any right or penalty or punish any offense under any
9 provision of law repealed by section 4 of this act:
10 (1) The reenactment of 53 Pa.C.S. § 5508.1(o).
11 (2) The reenactment of 53 Pa.C.S. § 5508.2.
12 (3) The reenactment of 53 Pa.C.S. §§ 5510.1 through
13 5510.11.
14 (4) The reenactment, amendment or addition of 53 Pa.C.S.
15 §§ 5701, 5701.1, 5702, 5703, 5704, 5705, 5706, 5707, 5711,
16 5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719, 5720, 5721,
17 5722, 5723, 5724, 5725, 5741, 5741.1, 5742, 5743, 5744 and
18 5745.
19 (5) The provisions of 66 Pa.C.S. §§ 510(b)(5) and
20 1103(c) and Ch.24.
21 (6) Section 20 of this act.
22 (7) Section 22 of this act.
23 (8) Section 24 of this act.
24 Section 22. The following shall apply:
25 (1) The Pennsylvania Public Utility Commission's
26 appropriations, allocations, documents, records, equipment,
27 materials, powers, duties, contracts, rights and obligations
28 which are utilized or accrue in connection with the functions
29 under 66 Pa.C.S. Ch. 24 and in connection with limousine
30 regulation in cities of the first class shall be transferred
20040H2654B4195 - 73 -
1 to the Philadelphia Parking Authority in accordance with an
2 agreement between the commission and the authority.
3 (2) Regulations, orders, programs and policies of the
4 commission under 66 Pa.C.S. Ch. 24 and concerning limousine
5 service regulation within cities of the first class shall
6 remain in effect until specifically amended, rescinded or
7 altered by the authority.
8 (3) The State Treasurer shall coordinate with the
9 authority and transfer the First Class City Taxicab
10 Regulatory Fund to the authority. Upon transfer, fiduciary
11 responsibility over the fund shall pass from the State
12 Treasurer to the authority.
13 (4) The commission shall assist the authority to prepare
14 for the transfer and to ensure a smooth transition with as
15 little disruption as possible to public safety, consumer
16 convenience and the impacted industries. The commission and
17 the authority are empowered to resolve by mutual agreement
18 any jurisdictional issues that may be associated with the
19 transfer. Any agreement shall be reported to the
20 Appropriations Committee of the Senate and the Appropriations
21 Committee of the House of Representatives and will be
22 considered effective unless either the Senate or the House of
23 Representatives rejects the submitted agreement by resolution
24 within ten legislative days of submission. Upon becoming
25 effective, an agreement shall be published in the
26 Pennsylvania Bulletin.
27 (4.1) Any revenues generated by a taxicab or limousine
28 while operating under the jurisdiction of the authority shall
29 be exempt from assessment by the commission. The provisions
30 of this paragraph shall have no effect on the fees allowed to
20040H2654B4195 - 74 -
1 be charged by the authority in accordance with the provisions
2 of section 5707.
3 (5) As soon as is practical but no later than 60 days
4 after the effective date of this paragraph, subject to
5 negotiations between the commission and the authority, the
6 authority shall notify all current employees of the
7 commission whose jobs would be impacted by the transfer of
8 its intention to hire. All employees who receive and accept
9 offers to be transferred shall be employees of the authority
10 and the authority shall make provisions to transfer longevity
11 credits, payroll credits and other personnel benefits, except
12 for retirement accounts, in a fair and reasonable manner.
13 Notwithstanding the provisions of 53 Pa.C.S. §§ 5505(d)(8)
14 and (20) and 5508.1(1), any ordinance of any city of the
15 first class or any agreement or contract between a city of
16 the first class and the authority, the pension and retirement
17 rights of employees of the commission at the time of the
18 transfer whose jobs are impacted by the transfer and who
19 receive and accept offers to be transferred and be employees
20 of the authority upon the transfer of the funds and programs
21 pursuant to this section shall be determined by the
22 provisions of 71 Pa.C.S. Pt. XXV, known as the State
23 Employees' Retirement Code, and for such employees the
24 authority shall have the obligations and duties of employers
25 under the State Employees' Retirement Code. The authority
26 shall make every reasonable effort to provide a position
27 similar to that held with the commission.
28 (6) REASONABLE COSTS OF TRANSFER OF THE PENNSYLVANIA <--
29 PUBLIC UTILITY COMMISSION SHALL BE PAID BY THE FIRST CLASS
30 CITY TAXICAB REGULATORY FUND.
20040H2654B4195 - 75 -
1 (6) (7) Employees of the Philadelphia Parking Authority <--
2 who were employees of the Pennsylvania Public Utility
3 Commission immediately prior to becoming employees of the
4 Philadelphia Parking Authority and who have been continuously
5 employed by the Philadelphia Parking Authority since the time
6 of becoming an employee of the Philadelphia Parking Authority
7 shall not, after termination of service from the Philadelphia
8 Parking Authority, be considered to be State employees or
9 performing State service if subsequently reemployed as an
10 officer or employee of the Philadelphia Parking Authority.
11 Section 23. The following shall apply:
12 (1) A sum of $1,500,000 is hereby appropriated to the
13 authority PHILADELPHIA PARKING AUTHORITY from the First Class <--
14 City Taxicab Regulatory Fund under 66 Pa.C.S. Ch. 24
15 (relating to taxicabs in first class cities) for reasonable
16 costs of transfer, including reasonable costs of transfer
17 incurred prior to the effective date of this section. On
18 August 31, 2005, money not encumbered under this
19 appropriation shall lapse into the First Class City Taxicab
20 Regulatory Fund. Additional reasonable costs of transfer
21 shall be paid by the fund upon completion of the transfer.
22 (2) A sum of not more than $2,000,000 is hereby
23 appropriated to the authority from the First Class City
24 Taxicab Regulatory Fund under 66 Pa.C.S. Ch. 24 for a
25 hospitality initiative making taxicab service within cities
26 of the first class more consumer friendly. On June DECEMBER <--
27 30, 2005, money not encumbered under this appropriation shall
28 lapse into the First Class City Taxicab PHILADELPHIA TAXICAB <--
29 AND LIMOUSINE Regulatory Fund established by the addition of
30 53 Pa.C.S. Ch. 57.
20040H2654B4195 - 76 -
1 Section 24. The Pennsylvania Public Utility Commission shall
2 transmit notice of the entry into the agreement under section
3 7(1) 22(4) of this act to the Legislative Reference Bureau for <--
4 publication in the Pennsylvania Bulletin.
5 Section 25. This act shall take effect as follows:
6 (1) The following provisions shall take effect <--
7 immediately:
8 (i) Section 1 of this act.
9 (ii) Section 2 of this act.
10 (iii) Section 3 of this act.
11 (iv) Section 4 of this act.
12 (v) Section 5 of this act.
13 (vi) The reenactment of 53 Pa.C.S. §§ 5510.1,
14 5510.2, 5510.3, 5510.4, 5510.5, 5510.6, 5510.8, 5510.9,
15 5510.10 and 5510.11.
16 (vii) Section 20 of this act.
17 (viii) Section 21 of this act.
18 (ix) Section 22 of this act.
19 (x) Section 25 of this act.
20 (xi) This section.
21 (2) (1) The following provisions shall take effect in
22 270 days or on the date of publication of the notice under
23 section 24 of this act, whichever is earlier:
24 (i) The addition of 53 Pa.C.S. Ch. 57.
25 (ii) Section 19 of this act.
26 (iii) Section 22(1), (2) and (3) 22(4.1) AND (7) of <--
27 this act.
28 (3) (2) The remainder of this act shall take effect <--
29 immediately.
E26L53VDL/20040H2654B4195 - 77 -