SENATE AMENDED
PRIOR PRINTER'S NOS. 3953, 3984, 4054, PRINTER'S NO. 4249
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 THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 30, 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
1 of an authority," "qualified financial institution" and "rating
2 agency" in section 5503 of Title 53 of the Pennsylvania
3 Consolidated Statutes are reenacted to read:
4 § 5503. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 * * *
9 "Cash flow deficit." A cash deficit occurring solely because
10 revenues and expenditures, even when in balance on a fiscal year
11 basis or with respect to any other period of computation, are
12 not received and disbursed at equivalent rates throughout the
13 fiscal year or other period of computation.
14 * * *
15 "Federal agency." The Federal Government, the President of
16 the United States and any department or corporation, agency or
17 instrumentality heretofore or hereafter created, designated or
18 established by the Federal Government.
19 "Government agency." The Governor, departments, boards,
20 commissions, authorities and other officers and agencies of this
21 Commonwealth, including, but not limited to, those which are not
22 subject to the policy supervision and control of the Governor,
23 any political subdivision, municipality, municipal or other
24 local authority and any officer or agency of any such political
25 subdivision or local authority. The term does not include any
26 court or other officer or agency of the unified judicial system
27 or the General Assembly or its officers and agencies.
28 "Government obligations."
29 (1) Direct obligations of or obligations the principal
30 of and interest on which are unconditionally guaranteed by
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1 the Federal Government, including, but not limited to,
2 evidences of a direct ownership interest in future interest
3 or principal payments on obligations issued or guaranteed by
4 the Federal Government, which obligations are held in a
5 custody account by a custodian under the terms of a custody
6 agreement.
7 (2) The term includes obligations issued by any state of
8 the United States or any political subdivision, public
9 instrumentality or public authority of any state of the
10 United States, provision for the full and timely payment of
11 the principal or premium of and interest on which shall have
12 been made by deposit with a trustee or escrow agent under an
13 irrevocable security agreement of obligations described in
14 paragraph (1).
15 * * *
16 "Obligee of an authority." Any holder or owner of any bond
17 of an authority or any trustee or other fiduciary for any such
18 holder or any provider of a letter of credit, policy of
19 municipal bond insurance or other credit enhancement or
20 liquidity facility for bonds of an authority.
21 * * *
22 "Qualified financial institution." A bank, bank and trust
23 company, trust company, national banking association, insurance
24 company or other financial services company whose unsecured
25 long-term debt obligations in the case of a bank, trust company,
26 national banking association or other financial services company
27 or whose claims-paying abilities in the case of an insurance
28 company are rated in any of the three highest rating categories
29 without reference to subcategories by a rating agency. For
30 purposes of this definition, the term "financial services
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1 company" includes any investment banking firm or any affiliate
2 or division thereof which may be legally authorized to enter
3 into the transactions described in this chapter pertaining,
4 applicable or limited to a qualified financial institution.
5 "Rating agency."
6 (1) The term includes the following:
7 (i) Standard & Poor's Corporation and any successor
8 thereto.
9 (ii) Moody's Investors Service and any successor
10 thereto.
11 (iii) Fitch Investors Service, Inc., and any
12 successor thereto.
13 (2) If the rating agencies cited in paragraph (1) shall
14 no longer perform the functions of a securities rating
15 service, the term shall mean any other nationally recognized
16 rating service or services.
17 Section 2. Section 5505(d)(9), (22), (23) and (24) of Title
18 53 are reenacted and the subsection is amended by adding a <--
19 paragraph PARAGRAPHS to read: <--
20 § 5505. Purposes and powers.
21 * * *
22 (d) Powers.--An authority has all powers necessary or
23 convenient for the carrying out of the purposes under this
24 section, including:
25 * * *
26 (9) To fix, alter, charge and collect rates and other
27 charges for its facilities at reasonable rates to be
28 determined exclusively by it, subject to appeal under this
29 paragraph, for the purposes of providing for the payment of
30 the expenses of the authority; for the construction,
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1 improvement, repair, maintenance and operation of its
2 facilities and properties; for the payment of the principal
3 of and interest on its obligations; and for fulfilling the
4 terms and provisions of agreements made with the purchasers
5 or holders of such obligations or with the municipality. Any
6 person questioning the reasonableness of rates fixed by the
7 authority may bring suit against the authority in the court
8 of common pleas of the judicial district where the project is
9 located. The court of common pleas shall have exclusive
10 jurisdiction to determine the reasonableness of the rates and
11 other charges. This paragraph supersedes a contrary provision
12 in any home rule charter, ordinance or resolution.
13 * * *
14 (22) In cities of the first class, to serve as the
15 exclusive impoundment official, exclusive impounding agent or
16 exclusive towing agent for the enforcement of impoundment
17 orders pursuant to 75 Pa.C.S. Ch. 63 (relating to
18 enforcement) and to authorize towing and storage of vehicles
19 and combinations by private towing agents for such purpose as
20 necessary.
21 (23) In cities of the first class, to act as an
22 independent administrative commission for the regulation of
23 taxicabs and limousine service.
24 (24) In cities of the first class, to investigate and
25 examine the condition and management of any entity providing
26 taxicab and limousine service.
27 (25) In cities of the first class, to appoint and fix
28 the compensation of chief counsel and assistant counsel to
29 provide it with legal assistance. The provisions of the act
30 of October 15, 1980 (P.L.950, No.164), known as the
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1 Commonwealth Attorneys Act, shall not apply to parking
2 authorities in cities of the first class.
3 (26) IN CITIES OF THE FIRST CLASS, TO PLEDGE, <--
4 HYPOTHECATE OR OTHERWISE ENCUMBER ALL OR ANY OF THE REAL OR
5 PERSONAL PROPERTY OF THE AUTHORITY AS SECURITY FOR ALL OR ANY
6 OF THE OBLIGATIONS OF THE AUTHORITY.
7 * * *
8 Section 3. Section 5508.1(k) of Title 53 is reenacted,
9 subsection (o) is reenacted and amended and subsection (q) is
10 amended to read:
11 § 5508.1. Special provisions for authorities in cities of the
12 first class.
13 * * *
14 (k) Compensation.--
15 (1) The chair selected under subsection (l) shall
16 receive:
17 (i) for fiscal year 2001-2002, a salary of $50,000;
18 and
19 (ii) for each subsequent fiscal year, a salary to be
20 determined by the board at not less than $50,000.
21 (2) Except for the chair, members shall receive $200 per
22 meeting for their services.
23 (3) Board members shall be entitled to necessary
24 expenses, including travel expenses, incurred in the
25 discharge of duties.
26 * * *
27 (o) Management.--
28 (1) The board has authority to manage the properties and
29 business of the authority and to prescribe, amend and repeal
30 bylaws, rules and regulations governing the manner in which
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1 the business of the authority may be conducted and in which
2 the powers granted to it may be exercised and embodied.
3 (2) [For] EXCEPT AS NECESSARY TO ADMINISTER A SYSTEM OF <--
4 ON-STREET PARKING REGULATIONS PURSUANT TO SUBSECTION (Q.1),
5 FOR all budgets, contracts, bonds or obligations of any kind
6 commenced after January 1, [2003] 2004, the authority shall <--
7 not be required to obtain the approval of an entity or
8 officer under 351 Pa. Code Art. II (relating to legislative
9 branch) or III (relating to executive and administrative
10 branch--organization).
11 * * *
12 [(q) Funding.--During its fiscal year beginning in 2001, the
13 authority shall transfer to the general fund of a school
14 district of the first class coterminous with the parent
15 municipality that portion of its retained earnings, not to
16 exceed $45,000,000, which will not jeopardize the authority's
17 ability to meet debt service payments or to retire outstanding
18 bonds. In subsequent years the board shall transfer the maximum
19 amount it deems available for such purpose. The provisions of
20 section 696(h)(1) of the act of March 10, 1949 (P.L.30, No.14),
21 known as the Public School Code of 1949, shall not apply to
22 amounts transferred to the school district of the first class
23 under this subsection.]
24 * * *
25 Section 4. Section 5508.2 of Title 53 is reenacted AND <--
26 AMENDED to read:
27 § 5508.2. Additional special provisions for authorities in
28 cities of the first class; mixed-use projects.
29 (a) Scope.--This section applies only to cities of the first
30 class.
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1 (b) Legislative finding.--It is hereby determined and
2 declared that:
3 (1) As a matter of legislative finding, the health,
4 safety and general welfare of the people of this Commonwealth
5 are directly dependent upon the continual encouragement,
6 development, growth and expansion of business, industry,
7 commerce and tourism.
8 (2) Unemployment, the spread of poverty and the heavy
9 burden of public assistance and unemployment compensation can
10 be avoided by the promotion, attraction, stimulation,
11 development and expansion of business, industry, commerce and
12 tourism in this Commonwealth through the development of
13 mixed-use projects by parking authorities in cities of the
14 first class.
15 (3) Due to the size, total population and population
16 density of a city of the first class, it may be inefficient
17 to devote property within a city of the first class solely to
18 parking facilities and that development of mixed-use projects
19 that include a parking component and a commercial,
20 industrial, residential or retail component can be an
21 important factor in the continual encouragement, development,
22 attraction, stimulation, growth and expansion of business,
23 industry, commerce and tourism within a city of the first
24 class, the surrounding counties and this Commonwealth as a
25 whole.
26 (c) Mixed-use projects.--Without limiting the powers set
27 forth in section 5505 (relating to purposes and powers), an
28 authority shall have the power to do all acts that, in the
29 judgment of the board, are necessary, convenient or useful to
30 the development or operation of one or more mixed-use projects,
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1 including, [without limitation] WITH THE APPROVAL OF A CITY OF <--
2 THE FIRST CLASS, the power to plan, design, locate, acquire,
3 hold, construct, finance, improve, maintain, operate, own,
4 lease, either in the capacity of lessor or lessee, land,
5 buildings, other structures and personal property necessary,
6 convenient or useful to the development and operation of a
7 mixed-use project. An authority shall have the power to finance
8 mixed-use projects by borrowing money and making and issuing
9 bonds and by making loans which may be evidenced by and secured
10 as may be provided in loan agreements, mortgages, security
11 agreements or any other contracts, instruments or agreements
12 which may contain such provisions as the authority shall deem
13 necessary, convenient or useful for the security or protection
14 of the authority or its bondholders. An authority may pledge,
15 mortgage, hypothecate or otherwise encumber all or any part of
16 its property, real or personal, constituting all or part of a
17 mixed-use project, including, but not limited to, the revenues
18 or receipts of the authority from one or more mixed-use
19 projects, for all or any of the obligations, including bonds, of
20 the authority incurred in connection with the development or
21 operation of a mixed-use project. An authority shall not have
22 the power to engage in business, trade or commerce for a profit
23 as an owner or lessee of a mixed-use project or otherwise. An
24 authority shall have and may exercise the powers set forth in
25 this section notwithstanding any other provision of law or any
26 provisions of its articles of incorporation.
27 (d) Definition.--As used in this section, the term "mixed-
28 use project" means any project that includes a public parking
29 garage component and a commercial, industrial, residential or
30 retail component. In addition to a public parking garage, which
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1 shall be a required component of all mixed-use projects, a
2 mixed-use project may also include public parking lots. The
3 commercial, industrial, residential or retail component of a
4 mixed-use project must be located within, above, below or
5 contiguous to the parking garage.
6 Section 5. Title 53 is amended by adding a section to read:
7 § 5508.3. Restrictions on authorities in cities of the first
8 class.
9 (a) Restricted activities, statement of financial interests;
10 public meetings and records.--
11 (1) The following apply:
12 (i) The provisions of the following statutes are
13 specifically applicable to board members, officers and
14 employees of the authority:
15 (A) The provisions of 65 Pa.C.S. Ch. 11
16 (relating to ethics standards and financial
17 disclosure).
18 (B) The act of July 19, 1957 (P.L.1017, No.451),
19 known as the State Adverse Interest Act.
20 (ii) For the purposes of application of statutes
21 pursuant to subparagraph (i), employees of the authority
22 shall be regarded as public employees of the
23 Commonwealth, and officers or board members of the
24 authority shall be regarded as public officials of the
25 Commonwealth, whether or not they receive compensation.
26 (2) The authority shall be subject to and treated as a
27 Commonwealth agency for purposes of the act of June 21, 1957
28 (P.L.390, No.212), referred to as the Right-to-Know Law.
29 (b) Conviction of infamous crime.--No person convicted of an
30 infamous crime shall be a member of the board or employed as a
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1 management-level employee by the authority.
2 (c) Definitions.--As used in this section, the following
3 words and phrases shall have the meanings given to them in this
4 subsection:
5 "Infamous crime." Any of the following:
6 (1) A violation and conviction for an offense which
7 would disqualify an individual from holding public office
8 pursuant to section 7 of Article II of the Constitution of
9 Pennsylvania.
10 (2) Any conviction for a violation of 18 Pa.C.S. § 4113
11 (relating to misapplication of entrusted property and
12 property of government or financial institutions) or 18
13 Pa.C.S. Ch. 47 (relating to bribery and corrupt influence),
14 49 (relating to falsification and intimidation), 51 (relating
15 to obstructing governmental operations) or 53 (relating to
16 abuse of office).
17 (3) Any other violation of the laws of this Commonwealth
18 for which an individual has been convicted within the
19 preceding ten years and which is classified as a felony.
20 (4) A violation of the law of any other Federal or state
21 government which is similar to the crimes listed in
22 paragraphs (1) through (3).
23 Section 6. Sections 5510.1, 5510.2, 5510.3, 5510.4, 5510.5, <--
24 5510.6, 5510.8, 5510.9, 5510.10 and 5510.11 of Title 53 are
25 reenacted to read:
26 SECTION 6. SECTIONS 5510.1 AND 5510.2 OF TITLE 53 ARE <--
27 REENACTED AND AMENDED TO READ:
28 § 5510.1. Management of authority funds in cities of the first
29 class.
30 (a) General rule.--
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1 (1) Except as otherwise provided in this chapter, all
2 funds of an authority received from any source shall be
3 delivered to the treasurer of the authority or to such other
4 agent of the authority as the board may designate.
5 (2) The funds shall be promptly deposited in the name of
6 the authority in a bank or banks, bank and trust company or
7 bank and trust companies, trust company or trust companies in
8 this Commonwealth chosen by the authority.
9 (3) The moneys in the account or accounts may be
10 withdrawn or paid out only by check or draft upon the bank,
11 bank and trust company or trust company, signed by the
12 treasurer or other designated agent of the authority on
13 warrant of the treasurer of the authority and countersigned
14 by the chairman of the board or by such persons as the board
15 may authorize. Moneys in the account or accounts may be
16 withdrawn or paid out by electronic funds transfer on
17 instructions signed and countersigned in the manner provided
18 for checks or drafts.
19 (4) The board may designate any of its members or any
20 officer or employee of the authority to affix the signature
21 of the chairman to any check or draft for payment of salaries
22 or wages and for the payment of any other obligation of not
23 more than $100,000. The executive director may designate any
24 officer or employee of the authority to affix the signature
25 of the treasurer to any check or draft for payment of
26 salaries or wages and for the payment of any other obligation
27 of not more than $100,000.
28 (b) Management of funds.--
29 (1) All bank, bank and trust company or trust company
30 balances of the authority, to the extent the same are not
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1 insured, shall be continuously secured by a pledge of direct
2 obligations of the United States, of the Commonwealth or of
3 any municipality or municipalities in the metropolitan area
4 having an aggregate market value exclusive of accrued
5 interest at all times at least equal to the balance on
6 deposit in such bank, bank and trust company or trust
7 company. The securities shall either be deposited with the
8 treasurer of the authority or be held by a trustee or agent
9 satisfactory to the authority. All depository institutions
10 are authorized to give security for the deposits.
11 (2) In the case of money collected or received by the
12 authority on behalf of a municipality under section
13 5505(d)(21) (relating to purposes and powers), the money
14 shall be pledged to the use of the municipality and disbursed
15 to the municipality as provided by ordinance or resolution.
16 (3) Subject to the provisions of any agreements with
17 obligees of the authority, the authority shall have full
18 power to invest and reinvest its funds as provided in this
19 chapter, subject, however, to the exercise of that degree of
20 judgment and care under the circumstances then prevailing
21 which persons of prudence, discretion and intelligence who
22 are familiar with such matters exercise in the management of
23 their own affairs, not in regard to speculation, but in
24 regard to the permanent disposition of the funds, considering
25 the probable income to be derived and the probable safety of
26 the capital.
27 (4) The board shall provide for an investment program
28 subject to restrictions contained in this chapter and in any
29 other applicable statute and any resolutions on this subject
30 adopted by the board.
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1 (c) Authorized investments.--The authorized types of
2 investments for authority funds shall be any of the following:
3 (1) Government obligations.
4 (2) Debt obligations issued by any of the following
5 Federal agencies or such other like Federal agencies which
6 may be designated by the board: Bank for Cooperatives,
7 Federal Farm Credit Banks, Federal Financing Bank, Federal
8 Home Loan Bank System, Federal National Mortgage Association,
9 Export-Import Bank of the United States, Farmers Home
10 Administration, Resolution Funding Corporation, Small
11 Business Administration, Student Loan Marketing Association,
12 Inter-American Development Bank, International Bank for
13 Reconstruction and Development, Federal Land Banks or
14 Government National Mortgage Association, and their
15 predecessor or successor agencies.
16 (3) Short-term or long-term debt obligations of any
17 state or political subdivision thereof or any agency or
18 instrumentality of such a state or political subdivision or
19 of any municipal corporation, provided that the obligations
20 are rated by a rating agency in any of the three highest
21 rating categories, without reference to subcategories,
22 assigned by the rating agency.
23 (4) Rights to receive the principal of or the interest
24 on obligations of states, political subdivisions, agencies or
25 instrumentalities meeting the requirements set forth in
26 paragraphs (2) and (3), whether through direct ownership as
27 evidenced by physical possession of the obligations or
28 unmatured interest coupons or by registration as to ownership
29 on the books of the issuer or its duly authorized paying
30 agent or transfer agent or through the purchase of
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1 certificates or other instruments evidencing an undivided
2 ownership interest in payments of the principal of or
3 interest on the obligations.
4 (5) Negotiable and nonnegotiable certificates of
5 deposit, time deposits or other similar banking arrangements
6 which are issued by banks, bank and trust companies, trust
7 companies or savings and loan associations, provided that,
8 unless issued by a qualified financial institution, any such
9 certificate, deposit or other arrangement shall be
10 continuously secured as to principal in the manner and to the
11 extent provided in subsection (d).
12 (6) Repurchase agreements for investment securities
13 described in paragraph (1) or (2) with a qualified financial
14 institution or with dealers in government bonds which report
15 to, trade with and are recognized as primary dealers by a
16 Federal Reserve Bank and are members of the Securities
17 Investors Protection Corporation, provided that the
18 repurchase price payable under any agreement shall be
19 continuously secured in the manner and to the extent provided
20 in subsection (d).
21 (7) Investment agreements with qualified financial
22 institutions.
23 (8) Commercial paper rated in the highest rating
24 category, without reference to subcategories, by a rating
25 agency.
26 (9) Shares or certificates in any short-term investment
27 fund rated in the highest rating category, without reference
28 to subcategories, by a rating agency, which short-term
29 investment fund invests solely in obligations described in
30 paragraphs (1) and (2).
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1 (10) Debt obligations of any foreign government or
2 political subdivision thereof or any agency or
3 instrumentality of foreign government or political
4 subdivision, provided that the obligations are rated by a
5 rating agency, without reference to subcategories, in the
6 highest rating category assigned by the rating agency.
7 (11) Such other investments which at the time of the
8 acquisition thereof shall be listed as permissible
9 investments for trust funds in an indenture or resolution
10 with respect to indebtedness which is incurred under this
11 chapter.
12 (d) Security for investment securities.--Any security
13 required to be maintained as collateral for investment
14 securities in the form of certificates of deposit, time
15 deposits, other similar banking arrangements and repurchase
16 agreements described in subsection (c)(5) and (6) shall be
17 subject to the following requirements:
18 (1) The collateral shall be in the form of obligations
19 described in subsection (c)(1) and (2), except that the
20 security for certificates of deposit, time deposits or other
21 similar banking arrangements may include other marketable
22 securities which are eligible as security for trust funds
23 under applicable regulations of the Comptroller of the
24 Currency of the United States of America or under applicable
25 state laws and regulations.
26 (2) The collateral shall have an aggregate market value,
27 calculated not less frequently than monthly, at least equal
28 to the principal amount (less any portion insured by the
29 Federal Deposit Insurance Corporation or any comparable
30 insurance corporation chartered by the United States of
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1 America) or the repurchase price secured thereby, as the case
2 may be. The instruments governing the issuance of and
3 security for the Investment Securities shall designate the
4 person responsible for making the foregoing calculations.
5 (3) The authority shall have a perfected security
6 interest in the collateral securing certificates of deposit,
7 time deposits or other similar banking arrangements, and the
8 collateral shall be held free and clear of the claims of
9 third parties. The collateral shall be deposited with the
10 authority, with a Federal Reserve Bank for the account of the
11 authority or with a bank, bank and trust company or trust
12 company (other than the obligor) which is acting solely as
13 agent for the authority and has a combined net capital and
14 surplus equal to at least $100,000,000.
15 (4) Collateral for repurchase agreements shall be held
16 free and clear of the claims of third parties by the
17 authority, or by a Federal Reserve Bank for the account of
18 the authority, or by a bank, bank and trust company or trust
19 company which is acting solely as agent for the authority and
20 has a combined net capital and surplus at least equal to
21 $100,000,000. A perfected first priority security interest
22 for the benefit of the authority shall be created in the
23 collateral under Title 13 (relating to commercial code) or
24 book-entry procedures prescribed by applicable Federal
25 regulations.
26 (e) Audit.--An authority shall have at least an annual
27 examination of its books, accounts and records by a certified
28 public accountant. A copy of the audit shall be delivered to the
29 parent municipality, the Governor, the Secretary of the Senate
30 and the Chief Clerk of the House of Representatives. [If the <--
20040H2654B4249 - 17 -
1 authority fails to have an audit, then the] THE controller, <--
2 auditor or accountant designated by the municipality is
3 authorized to perform an [examination at the expense of the <--
4 authority. The examination may include] ANNUAL EXAMINATION OF <--
5 the receipts, disbursements, contracts, leases, sinking funds,
6 investments [and other matters relating to the finances, <--
7 operation and affairs of the authority.] RELATING TO THE <--
8 ADMINISTRATION OF A SYSTEM OF ON-STREET PARKING REGULATIONS IN A
9 CITY OF THE FIRST CLASS PURSUANT TO SECTION 5508.1(Q.1)
10 (RELATING TO SPECIAL PROVISIONS FOR AUTHORITIES IN CITIES OF THE
11 FIRST CLASS).
12 (f) Financial statement.--A concise financial statement
13 shall be published annually at least once in a newspaper of
14 general circulation in the municipality where the principal
15 office of the authority is located. If publication is not made
16 by the authority, the municipality shall publish such statement
17 at the expense of the authority.
18 (g) Attorney General.--The Attorney General shall have the
19 right to examine the books, accounts and records of an
20 authority.
21 (h) Applicability.--This section shall only apply to
22 authorities in cities of the first class.
23 § 5510.2. Special funds in cities of the first class.
24 (a) General rule.--An authority, under resolutions adopted
25 from time to time by the board, may establish and create such
26 special funds as may be found desirable by the board and, in and
27 by such resolutions, may provide for payments into all special
28 funds from specified sources with such preferences and
29 priorities as may be deemed advisable and may provide for the
30 custody, disbursement and application of any moneys in any such
20040H2654B4249 - 18 -
1 special funds consistent with the provisions of this chapter and
2 consistent with generally accepted accounting principles. The
3 authority shall maintain the [First Class City Taxicab] <--
4 PHILADELPHIA TAXICAB AND LIMOUSINE Regulatory Fund as a separate <--
5 fund from all other funds.
6 (b) Applicability.--This section shall only apply to
7 authorities in cities of the first class.
8 SECTION 6.1. SECTIONS 5510.3, 5510.4 AND 5510.5 OF TITLE 53 <--
9 ARE REENACTED TO READ:
10 § 5510.3. Bonds in cities of the first class.
11 (a) General rule.--
12 (1) The bonds of the authority shall be authorized by
13 resolution of the board. The resolution shall specify all of
14 the following:
15 (i) Series.
16 (ii) Date or dates of maturity.
17 (iii) Interest at such rate or rates, fixed or
18 variable, as shall be determined by the board as
19 necessary to issue and sell the authorized bonds.
20 (iv) Denominations.
21 (v) Form, either coupon or fully registered without
22 coupons.
23 (vi) Certificated or book-entry-only form.
24 (vii) Registration and exchangeability and
25 interchangeability privileges.
26 (viii) Medium of payment and place of payment.
27 (ix) Terms of redemption.
28 (x) Priorities of payment in the revenues or
29 receipts of the authority as the resolution or trust
30 indenture adopted or approved by the authority may
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1 provide.
2 (2) The bonds shall be signed by or shall bear the
3 facsimile signatures of such officers as the board shall
4 determine, and coupon bonds shall have attached thereto
5 interest coupons bearing the facsimile signature of the
6 treasurer of the authority, and all bonds shall be
7 authenticated by an authenticating agent, fiscal agent or
8 trustee, all as may be prescribed in the resolution or trust
9 indenture.
10 (3) Any such bonds may be issued and delivered
11 notwithstanding that one or more of the officers signing
12 bonds or the treasurer whose facsimile signature shall be
13 upon the coupon, or any thereof, shall have ceased to be an
14 officer or officers at the time when the bonds shall actually
15 be delivered.
16 (4) The proceeds of an issue of bonds may be used to pay
17 the costs of a project, subject to the limitations of
18 subsection (b), to finance any cash flow deficit of the
19 authority, to reimburse any costs of a project initially paid
20 by the authority or any person, to fund any required
21 reserves, to capitalize interest or to pay costs of issuance,
22 including, but not limited to, costs of obtaining credit
23 enhancement for the bonds.
24 (b) Maturity.--Bonds issued to finance the costs of a
25 project shall mature at such time or times not exceeding 40
26 years from their respective dates of original issue as the
27 authority shall by resolution determine. Bonds issued in
28 anticipation of income of the authority shall mature within one
29 fiscal year after the fiscal year of the date of issuance
30 thereof except for bonds issued in anticipation of grants with
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1 respect to the cost of a project, which bonds shall mature no
2 later than six months beyond the time of anticipated receipt of
3 the final payment of the grant.
4 (c) Sale.--
5 (1) Bonds may be sold at public sale or invited sale for
6 such price or prices and at such rate or rates of interest as
7 the authority shall determine. Bonds may be sold at private
8 sale by negotiation at such price or prices and at such rate
9 or rates of interest as the authority shall determine, but
10 only if the authority makes a written public explanation of
11 the circumstances and justification for the private sale by
12 negotiation.
13 (2) Pending the preparation of the definitive bonds,
14 interim receipts may be issued to the purchaser or purchasers
15 of such bonds and may contain such terms and conditions as
16 the authority may determine.
17 (d) Negotiable instruments.--Bonds of an authority shall
18 have the qualities of negotiable instruments under Title 13
19 (relating to commercial code).
20 (e) Refunding.--
21 (1) Subject to the provisions of the outstanding bonds,
22 notes or other obligations issued under this chapter or prior
23 acts and subject to the provisions of this chapter, the
24 authority shall have the right and power to refund any
25 outstanding debt, whether the debt represents principal or
26 interest, in whole or in part, at any time.
27 (2) As used in this subsection, "refund" and its
28 variations shall mean the issuance and sale of obligations
29 the proceeds of which are used or are to be used for the
30 payment or redemption of outstanding obligations upon or
20040H2654B4249 - 21 -
1 prior to maturity. Refunding bonds shall mature at such time
2 or times not exceeding 40 years from their dates of original
3 issuance as the authority shall determine by resolution.
4 (f) Credit of Commonwealth and political subdivisions not
5 pledged.--Under no circumstances shall any bonds issued by the
6 authority or any other obligation of the authority be or become
7 an indebtedness or liability of the Commonwealth or of any
8 government agency, provided that any government agency may
9 guarantee bonds of an authority to the extent and for the
10 purposes for which the government agency may make loans or
11 grants to an authority.
12 (g) Nonliability.--Neither the board members, any employees
13 of the authority nor any person executing the bonds shall be
14 liable personally on any bonds by reason of the issuance
15 thereof. Bonds of an authority shall contain a statement of the
16 limitation set forth in this subsection.
17 (h) Bonds deemed valid.--Any bond reciting in substance that
18 it has been issued by the authority to accomplish the public
19 purposes of this chapter shall be conclusively deemed in any
20 suit, action or proceeding involving the validity or
21 enforceability of the bonds or security therefor to have been
22 issued for such purpose.
23 (i) Notice and challenges.--
24 (1) The authority may cause a copy of any resolution
25 authorizing the issuance of bonds adopted by it to be filed
26 for public inspection in its office and in the office of the
27 clerk of the governing body of each county and the governing
28 body of a city of the first class and may thereupon cause to
29 be published in a newspaper published or circulating in its
30 service area a notice stating the fact and date of the
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1 adoption, the places where the resolution has been so filed
2 for public inspection, the date of publication of the notice
3 and that any action or proceeding of any kind or nature in
4 any court questioning the validity or proper authorization of
5 bonds provided for by the resolution or the validity of any
6 covenants, agreements or contract provided for by such
7 resolution shall be commenced within 20 days after the
8 publication of the notice.
9 (2) If any notice shall at any time be published and if
10 no action or proceeding questioning the validity or proper
11 authorization of bonds provided for by the resolution or the
12 validity of any covenants, agreements or contract provided
13 for by such resolution shall be commenced within 20 days
14 after the publication of the notice, then all residents,
15 taxpayers and owners of property in a city of the first class
16 and all other persons whatsoever shall be forever barred and
17 foreclosed from instituting or commencing any action or
18 proceeding in any court or pleading any defense to any action
19 or proceedings questioning the validity or proper
20 authorization of such bonds or the validity of any such
21 covenants, agreements or contracts, and said bonds,
22 covenants, agreements and contracts shall be conclusively
23 deemed to be valid and binding obligations in accordance with
24 their terms and tenor.
25 (3) After issuance of bonds, all bonds shall be
26 conclusively presumed to be fully authorized and issued by
27 all the laws of this Commonwealth, and any person shall be
28 estopped from questioning their sale, execution or delivery
29 by the authority.
30 (j) Applicability.--This section shall only apply to
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1 authorities in cities of the first class.
2 § 5510.4. Contracts with obligees of an authority in cities of
3 the first class.
4 (a) General rule.--Except as otherwise provided in any
5 resolution of an authority authorizing or awarding bonds, the
6 terms thereof and of this chapter as in effect when the bonds
7 were authorized shall constitute a contract between the
8 authority and obligees of the authority, subject to modification
9 in such manner as the resolution, the trust indenture securing
10 such bonds or the bonds shall provide.
11 (b) Applicability.--This section shall only apply to
12 authorities in cities of the first class.
13 § 5510.5. Commonwealth pledges in cities of the first class.
14 (a) General rule.--The Commonwealth does hereby pledge to
15 and agree with:
16 (1) Any person, firm or corporation, government agency,
17 whether in this Commonwealth or elsewhere, or Federal agency
18 subscribing to or acquiring the bonds to be issued by the
19 authority that the Commonwealth will not limit or alter the
20 rights hereby vested in the authority in any manner
21 inconsistent with the obligations of the authority to the
22 obligees of the authority until all bonds at any time issued,
23 together with the interest thereon, are fully paid or
24 provided for. The Commonwealth does further pledge to and
25 agree with any Federal agency that, in the event that any
26 Federal agency shall contribute any funds for the authority
27 or any project, the Commonwealth will not alter or limit the
28 rights and powers of the authority in any manner which would
29 be inconsistent with the due performance of any agreements
30 between the authority and any Federal agency.
20040H2654B4249 - 24 -
1 (2) Any person who, as owner thereof, leases or
2 subleases property to or from an authority that the
3 Commonwealth will not limit or alter the rights and powers
4 hereby vested in the authority or otherwise created by this
5 chapter in any manner which impairs the obligations of the
6 authority until all obligations of the authority under the
7 lease or sublease are fully met and discharged.
8 (b) Applicability.--This section shall only apply to
9 authorities in cities of the first class.
10 SECTION 6.2. SECTION 5510.6 OF TITLE 53 IS REENACTED AND <--
11 AMENDED TO READ:
12 § 5510.6. Provisions of bonds and trust indentures in cities of
13 the first class.
14 (a) General rule.--In connection with the issuance of bonds
15 or the incurring of obligations under leases and in order to
16 secure the payment of the bonds and obligations, the authority,
17 in addition to its other powers, shall have the power to:
18 (1) Pledge or grant a security interest, senior, parity
19 or subordinated, in all or any part of its revenues, to which
20 its right then exists or may thereafter come into existence.
21 (2) Grant a lien on or a security interest, senior,
22 parity or subordinated, in all or any part of its real or
23 personal property then owned or thereafter acquired. This
24 paragraph does not apply to the [First Class City Taxicab] <--
25 PHILADELPHIA TAXICAB AND LIMOUSINE Regulatory Fund. <--
26 (3) Provide for the issuance of unsecured bonds, limited
27 recourse bonds or nonrecourse bonds.
28 (4) Enter into trust indentures securing bonds,
29 including, but not limited to, master trust indentures.
30 (5) Covenant against pledging or granting a lien on or
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1 security interest in all or any part of its revenues or all
2 or any part of its real or personal property to which its
3 right or title exists or may thereafter come into existence
4 or against permitting or suffering any lien on the revenues
5 or property, covenant with respect to limitations on its
6 right to sell, lease or otherwise dispose of any of its real
7 property and covenant as to which other or additional debts
8 or obligations may be incurred by it.
9 (6) Covenant as to the bonds to be issued and as to the
10 issuance of such bonds, in escrow or otherwise, and as to the
11 use and disposition of the proceeds thereof, provide for the
12 replacement of lost, destroyed or mutilated bonds, covenant
13 against extending the time for the payment of its bonds or
14 interest thereon and covenant for the redemption of bonds and
15 provide the terms and conditions thereof.
16 (7) Covenant as to the amount of revenues to be raised
17 in each fiscal year or other period of time by the authority
18 as well as to the use and disposition to be made thereof,
19 create or authorize the creation of special funds for debt
20 service or other purposes and covenant as to the use and
21 disposition of the moneys held in such funds.
22 (8) Prescribe the procedure, if any, by which the terms
23 of any contract with obligees of the authority may be
24 supplemented, amended or abrogated, prescribe which
25 supplements or amendments will require the consent of
26 obligees of the authority and the amount of bonds to be held
27 by obligees to effect such consent and prescribe the manner
28 in which such consent may be given.
29 (9) Covenant as to the use of any or all of its real or
30 personal property, warrant its title and covenant as to the
20040H2654B4249 - 26 -
1 maintenance of its real and personal property, the
2 replacement thereof, the insurance to be carried thereon and
3 the use and disposition of insurance proceeds.
4 (10) Covenant as to the rights, liabilities, powers and
5 duties arising upon the breach by it of any covenant,
6 condition or obligation.
7 (11) Vest in the obligees of the authority or any
8 proportion of them the right to enforce the payment of the
9 bonds or any covenants securing or relating to the bonds,
10 vest in a trustee the right in the event of default by the
11 authority to take possession and use, operate and manage any
12 real or personal property and to collect the rents and
13 revenues arising therefrom and to dispose of such moneys in
14 accordance with the agreement of the authority with such
15 trustee, provide for the powers and duties of a trustee and
16 to limit liabilities thereof and provide the terms and
17 conditions upon which the trustee or the obligees of the
18 authority or any proportion of them may enforce any covenant
19 or rights securing or relating to the bonds.
20 (12) Negotiate and enter into interest rate exchange
21 agreements, interest rate cap, collar, corridor, ceiling and
22 floor agreements, forward agreements, float agreements and
23 other similar arrangements which, in the judgment of the
24 authority, will assist the authority in managing the interest
25 costs of the authority.
26 (13) Obtain letters of credit, bond insurance and other
27 facilities for credit enhancement and liquidity.
28 (14) Exercise all or any part or combination of the
29 powers granted in this section to make covenants other than
30 and in addition to the covenants expressly authorized in this
20040H2654B4249 - 27 -
1 section, to make such covenants and to do any and all such
2 acts and things as may be necessary or convenient or
3 desirable in order to secure its bonds or, in the absolute
4 discretion of the authority, as will tend to accomplish the
5 purposes of this chapter by making the bonds more marketable,
6 notwithstanding that such covenants, acts or things may not
7 be specifically enumerated in this section.
8 (15) The revenues of the authority and the real and
9 tangible personal property of the authority shall be pledged
10 or otherwise encumbered only as expressly provided in this
11 section and, except to the extent necessary to effectuate
12 such pledge or encumbrance, shall not be subject to
13 attachment nor levied upon by execution or otherwise.
14 (b) Applicability.--This section shall only apply to
15 authorities in cities of the first class.
16 SECTION 6.3. SECTION 5510.7 OF TITLE 53 IS AMENDED TO READ: <--
17 [§ 5510.7. FUNDS COLLECTED ON BEHALF OF A MUNICIPALITY.
18 (A) GENERAL RULE.--FUNDS COLLECTED OR RECEIVED BY THE
19 AUTHORITY ON BEHALF OF A MUNICIPALITY UNDER SECTION 5505(D)(21)
20 (RELATING TO PURPOSES AND POWERS) SHALL NOT BE DEEMED TO
21 CONSTITUTE REVENUES AND RECEIPTS OF THE AUTHORITY UNDER THIS
22 CHAPTER OR BE SUBJECT TO ANY DEBT OR OBLIGATION OF THE
23 AUTHORITY.
24 (B) APPLICABILITY.--THIS SECTION SHALL ONLY APPLY TO
25 AUTHORITIES IN CITIES OF THE FIRST CLASS.]
26 SECTION 6.4. SECTIONS 5510.8, 5510.9, 5510.10 AND 5510.11 OF
27 TITLE 53 ARE REENACTED TO READ:
28 § 5510.8. Bonds to be legal investments.
29 (a) General rule.--Bonds issued under this chapter are
30 hereby made securities in which all public officers and the
20040H2654B4249 - 28 -
1 instrumentalities and agencies of the Commonwealth and its
2 political subdivisions, all insurance companies, banks, bank and
3 trust companies, trust companies, banking associations, banking
4 corporations, savings banks, investment companies, executors,
5 trustees, the trustees of any retirement, pension or annuity
6 fund or system of the Commonwealth and other fiduciaries may
7 properly and legally invest funds, including capital, deposits
8 or other funds in their control or belonging to them. These
9 bonds are hereby made securities which may properly and legally
10 be deposited with and received by any Commonwealth or municipal
11 officer or any agency or instrumentality or political
12 subdivision of the Commonwealth for any purpose for which the
13 deposit of bonds or other obligations of the Commonwealth now or
14 may hereafter be authorized by law.
15 (b) Applicability.--This section shall only apply to
16 authorities in cities of the first class.
17 § 5510.9. Validity of pledge.
18 (a) General rule.--Any pledge of or grant of a lien on or
19 security interest in revenues of an authority or real or
20 personal property of an authority made by an authority shall be
21 valid and binding from the time when the pledge is made, the
22 revenues or other property so pledged and thereafter received by
23 the authority making such pledge shall immediately be subject to
24 the lien of any such pledge, lien or security interest without
25 any physical delivery thereof or further act, and the lien of
26 any such pledge or security interest shall be valid and binding
27 as against all parties having claims of any kind in tort,
28 contract or otherwise against the authority irrespective of
29 whether the parties have notice thereof. Neither the resolution
30 nor any other instrument of the authority by which a pledge,
20040H2654B4249 - 29 -
1 lien or security interest is created need be recorded or filed
2 to perfect such pledge or security interest.
3 (b) Applicability.--This section shall only apply to
4 authorities in cities of the first class.
5 § 5510.10. Security interest in funds and accounts.
6 (a) General rule.--Any moneys deposited in any fund created
7 by the authority pledged to be used to pay debt service on bonds
8 of the authority, including any sinking fund or debt service
9 reserve fund, and all investments and proceeds of investments
10 thereof shall, without further action or filing, be subjected to
11 a perfected security interest for the obligees of the authority
12 with respect to the bonds until such moneys or investments shall
13 be properly disbursed in accordance with this chapter and
14 subject to the terms of any trust indenture or other contract
15 between the authority and the obligees of the authority with
16 respect to the bonds.
17 (b) Applicability.--This section shall only apply to
18 authorities in cities of the first class.
19 § 5510.11. Limitation on authority under Federal bankruptcy
20 code.
21 (a) General rule.--So long as an authority shall have
22 outstanding any bonds issued under this chapter, the authority
23 shall not be authorized to file a petition for relief under 11
24 U.S.C. Chapter 9 (relating to adjustment of debts of a
25 municipality), and no public officer or agency or
26 instrumentality of the Commonwealth shall authorize the
27 authority to become a debtor under 11 U.S.C. Chapter 9 so long
28 as any bonds issued under this chapter are outstanding.
29 (b) Applicability.--This section shall only apply to
30 authorities in cities of the first class.
20040H2654B4249 - 30 -
1 Section 6.1 6.5. Section 5511(a)(1), (b) and (h) of Title 53 <--
2 are amended and the section is amended by adding a subsection to
3 read:
4 § 5511. Competition in award of contracts.
5 (a) Services.--
6 (1) Except as set forth in paragraph (2), all
7 construction, reconstruction, repair or work of any nature
8 made by an authority if the entire cost, value or amount,
9 including labor and materials, exceeds [$10,000] $25,000
10 shall be done only under contract to be entered into by the
11 authority with the lowest responsible bidder upon proper
12 terms after public notice asking for competitive bids as
13 provided in this section.
14 * * *
15 (b) Supplies and materials.--All supplies and materials
16 costing at least [$10,000] $25,000 shall be purchased only after
17 advertisement as provided in this section. The authority shall
18 accept the lowest bid, kind, quality and material being equal,
19 but the authority shall have the right to reject any or all bids
20 or select a single item from any bid. The provisions as to
21 bidding shall not apply to the purchase of patented and
22 manufactured products offered for sale in a noncompetitive
23 market or solely by a manufacturer's authorized dealer.
24 * * *
25 (h) Evasion.--
26 (1) An authority may not evade the provisions of this
27 section as to bids or purchasing materials or contracting for
28 services piecemeal for the purpose of obtaining prices under
29 [$10,000] $25,000 upon transactions which should, in the
30 exercise of reasonable discretion and prudence, be conducted
20040H2654B4249 - 31 -
1 as one transaction amounting to more than [$10,000] $25,000.
2 * * *
3 (i) Procurement.--Notwithstanding any provision of this
4 chapter or of Title 62 (relating to procurement) to the
5 contrary, an authority shall be considered a State-affiliated
6 entity for purposes of compliance with Title 62.
7 Section 6.2 6.6. Section 5701 of Title 53 is reenacted and <--
8 amended to read:
9 § 5701. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Authority." A parking authority in a city of the first
14 class.
15 "First Class City Taxicab Regulatory [Fund" or "fund.] Fund."
16 A fund formerly administered by the [authority to which all
17 moneys collected pursuant to the requirements of this chapter
18 shall be deposited and from which all expenses and costs
19 associated with administration and enforcement of this chapter
20 shall be paid. Money deposited in the fund shall not be used for
21 any purpose not specified in this chapter] Pennsylvania Public
22 Utility Commission under the former 66 Pa.C.S. Ch. 24 (relating
23 to taxicabs in first class cities).
24 ["Limousine service." Local, nonscheduled common carrier
25 service for passengers on an exclusive basis for compensation.
26 The term does not include taxicab service, paratransit service
27 or employee commuter van pooling.]
28 "Limousine service."
29 (1) Except as provided in paragraph (2), a motor vehicle
30 providing any of the following services:
20040H2654B4249 - 32 -
1 (i) Local, nonscheduled common carrier service for
2 passengers on an exclusive basis for compensation.
3 (ii) Common carrier service for passengers for
4 compensation:
5 (A) from any airport, railroad station or hotel
6 located in whole or in part in a city of the first
7 class; or
8 (B) to any airport, railroad station or hotel
9 located in whole or in part in a city of the first
10 class from a point within the city of the first
11 class.
12 (2) The term does not include any of the following:
13 (i) Taxicab service.
14 (ii) Service that was otherwise exempt from the
15 jurisdiction of the commission prior to the effective
16 date of this subparagraph.
17 (iii) Other paratransit service.
18 (iv) Employee commuter van pooling.
19 "Philadelphia Taxicab and Limousine Regulatory Fund" or
20 "fund." A fund administered by the authority established by
21 section 5708 (relating to fund) for fulfilling the purposes of
22 this chapter to regulate taxicabs and limousines in a city of
23 the first class.
24 "[Taxi driver's] DRIVER'S certificate." A certificate or <--
25 permit to drive a taxicab OR LIMOUSINE issued pursuant to <--
26 section [5719] 5706 (relating to driver certification program). <--
27 "Taxicab." A motor vehicle designed for carrying no more
28 than eight passengers, exclusive of the driver, on a call or
29 demand basis and used for the transportation of persons for
30 compensation.
20040H2654B4249 - 33 -
1 Section 7. Title 53 is amended by adding a section to read:
2 § 5701.1. Legislative findings.
3 The General Assembly finds and declares as follows:
4 (1) The health, safety and general welfare of the people
5 of this Commonwealth are directly dependent upon the
6 continual encouragement, development, growth and expansion of
7 business, industry, commerce and tourism.
8 (2) Unemployment, the spread of poverty, and the heavy
9 burden of public assistance and unemployment compensation can
10 be avoided by the promotion, attraction, stimulation,
11 development and expansion of business, industry, commerce and
12 tourism in this Commonwealth through the development of a
13 clean, safe, reliable, and well regulated taxicab and
14 limousine industry locally regulated by parking authorities
15 in cities of the first class.
16 (3) Due to the size, total population, population
17 density and volume of both tourism and commerce of a city of
18 the first class, it may be more efficient to regulate the
19 taxicab and limousine industries through an agency of the
20 Commonwealth with local focus than an agency with diverse
21 Statewide regulatory duties. Well regulated local focus on
22 improving those industries can be an important factor in the
23 continual encouragement, development, attraction,
24 stimulation, growth and expansion of business, industry,
25 commerce and tourism within a city of the first class, the
26 surrounding counties and this Commonwealth as a whole.
27 Section 8. Section 5702 of Title 53 is reenacted to read:
28 § 5702. Advisory committee.
29 (a) Establishment.--There is hereby established an advisory
30 committee to be known as the City of the First Class Taxicab and
20040H2654B4249 - 34 -
1 Limousine Advisory Committee. The authority shall submit to the
2 advisory committee issues and questions for their consideration
3 regarding the regulation, enforcement, compliance and operation
4 of taxicabs and limousines in cities of the first class. The
5 advisory committee may thoroughly consider the questions and
6 issues submitted by the authority and may prepare and transmit
7 to the authority and the public written comments. The advisory
8 committee may submit suggestions and proposals to the authority
9 in writing on topics considered important by a majority of the
10 members. All actions of the advisory committee shall be
11 considered strictly advisory, and the authority shall give
12 careful and due consideration to the comments and proposals of
13 the advisory committee.
14 (b) Membership.--
15 (1) The advisory committee shall consist of the
16 following members:
17 (i) Ten members appointed by the chairman of the
18 authority or his designee as follows:
19 (A) One taxi driver.
20 (B) One medallion owner.
21 (C) One dispatch owner.
22 (D) One member of the public who utilizes
23 taxicabs or limousines.
24 (E) One limousine owner.
25 (F) One representative of the hospitality
26 industry from a list of five nominees assembled by
27 the Philadelphia Convention and Visitors Bureau.
28 (G) One resident of a second class A county.
29 (H) One resident of a third class county.
30 (I) One representative of the Philadelphia
20040H2654B4249 - 35 -
1 International Airport.
2 (J) One representative of a major train station
3 in a city of the first class.
4 (ii) One member appointed by the mayor of a city of
5 the first class or his designee.
6 (iii) One member appointed by the Public Utility
7 Commission.
8 (2) The advisory committee may consist of up to ten
9 additional members appointed by the chairman of the authority
10 or his designee.
11 (c) Terms.--The members shall serve two-year terms, except
12 that one half of the initial appointees shall be appointed for a
13 one-year term and one half of the initial appointees shall be
14 appointed for a two-year term. No member shall serve more than
15 three consecutive terms.
16 (d) Officers.--The authority shall designate a chairman,
17 vice chairman and secretary of the advisory committee from the
18 members of the advisory committee.
19 (e) Quorum.--A majority of the members of the advisory
20 committee plus one additional member shall constitute a quorum.
21 (f) Compensation.--Members of the advisory committee shall
22 not receive any compensation for the performance of their
23 duties.
24 Section 9. Section 5703 of Title 53 is reenacted and amended
25 to read:
26 § 5703. Rates.
27 (a) Rates to be just and reasonable.--Every rate made,
28 [demanded or received by a] for authority-certified taxicab
29 [or], limousine or medallion taxicab service shall be just and
30 reasonable and in conformity with regulations or orders of the
20040H2654B4249 - 36 -
1 authority.
2 (b) Tariffs.--Under regulations as the authority may
3 prescribe, every taxicab or limousine service shall file with
4 the authority, within the time and in the form as the authority
5 may designate, tariffs showing all rates established by it and
6 collected or enforced or to be collected or enforced within
7 cities of the first class. Every taxicab or limousine service
8 shall keep copies of tariffs open to public inspection under
9 rules and regulations as the authority may prescribe. Upon
10 request, the taxicab or limousine service shall make available
11 at least one copy of any rate filing at a convenient location
12 and for a reasonable length of time within a city of the first
13 class for inspection and study by customers.
14 (c) Adherence to tariffs.--No taxicab or limousine service
15 shall, directly or indirectly, by any device whatsoever or in
16 any way, demand or receive from any person, corporation or
17 municipal corporation a greater or lesser rate for any service
18 rendered or to be rendered by the taxicab or limousine service
19 than that specified in the tariffs of the taxicab or limousine
20 service.
21 (d) Discrimination in rates.--No taxicab or limousine
22 service shall make or grant any unreasonable preference or
23 advantage to any person, corporation or municipal corporation or
24 subject any person, corporation or municipal corporation to any
25 unreasonable prejudice or disadvantage concerning its rate. No
26 taxicab or limousine service shall establish or maintain any
27 unreasonable difference as to rates. This subsection shall not
28 prohibit the establishment of reasonable zone or group systems
29 or classifications of rates.
30 (e) Voluntary changes in rates.--
20040H2654B4249 - 37 -
1 (1) Unless the authority otherwise orders, no taxicab or
2 limousine service shall make any change in any existing and
3 duly established rate except after 60 days' notice to the
4 authority which shall plainly state the changes proposed to
5 be made in the rates then in force and the time when the
6 changed rates will go into effect. The taxicab or limousine
7 service shall also give notice of the proposed changes to
8 other interested persons as the authority, in its discretion,
9 may direct. The notices regarding the proposed changes which
10 are provided shall be in plain, understandable language as
11 the authority prescribes. All proposed changes shall be shown
12 by filing new tariffs or supplements to existing tariffs
13 filed and in force at the time. The authority, for good cause
14 shown, may allow changes in rates without requiring the 60
15 days' notice under conditions as it may prescribe.
16 (2) Whenever there is filed with the authority by any
17 taxicab or limousine service any tariff stating a new rate,
18 the authority may, either upon complaint or upon its own
19 motion and upon reasonable notice, conduct a hearing
20 concerning the lawfulness of the rate. Pending the hearing
21 and its outcome, the authority, upon filing the tariff and
22 delivering to the taxicab or limousine service affected a
23 statement in writing of its reasons may, at any time before
24 it becomes effective, suspend the operation of the rate for a
25 period not longer than nine months from the time it would
26 otherwise become effective. The rate in force when the tariff
27 stating the new rate was filed shall continue in force during
28 the period of suspension unless the authority shall establish
29 a temporary rate. The authority shall consider the effect of
30 the suspension in finally determining and prescribing the
20040H2654B4249 - 38 -
1 rates to be charged and collected by the taxicab or limousine
2 service.
3 (3) If, after the hearing conducted pursuant to
4 paragraph (2), the authority finds any rate to be unjust or
5 unreasonable or in any way in violation of law, it shall
6 determine the just and reasonable rate to be charged or
7 applied by the taxicab or limousine service for the service
8 in question and shall fix the rate by order to be served upon
9 the taxicab or limousine service. The rate shall then be
10 observed until changed.
11 (f) Temporary rates.--The authority may, in any proceeding
12 involving the rates of a taxicab or limousine service, after
13 reasonable notice and hearing and, if the public interest
14 requires, immediately fix, determine and prescribe temporary
15 rates to be charged by a taxicab or limousine service, pending
16 the final determination of the rate proceeding.
17 (g) Fair return.--In fixing any rate of a taxicab or
18 limousine service engaged exclusively as a common carrier by
19 motor vehicle, the authority may fix the fair return by relating
20 the fair and reasonable operating expenses, depreciation, taxes
21 and other costs of furnishing service to operating revenues.
22 (h) Refunds.--If, in any proceeding involving rates, the
23 authority determines that any rate received by a taxicab or
24 limousine service was unjust or unreasonable or was in violation
25 of any regulation or order of the authority or was in excess of
26 the applicable rate contained in an existing and effective
27 tariff of the taxicab or limousine service, the authority shall
28 have the power to make an order requiring the public utility to
29 refund the amount of any excess paid by any patron.
30 Section 10. Section 5704 of Title 53 is reenacted to read:
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1 § 5704. Power of authority to require insurance.
2 The authority may, by regulation or order, prescribe for a
3 taxicab or limousine service requirements as it may deem
4 necessary for the protection of persons or property of their
5 patrons and the public, including the filing of surety bonds,
6 the carrying of insurance or the qualifications and conditions
7 under which carriers may act as self-insurers with respect to
8 the requirements.
9 Section 10.1. Title 53 is amended by adding sections to
10 read:
11 § 5705. Contested complaints.
12 (a) Adjudication.--Contested complaints brought before the
13 authority alleging violations of this chapter or rules and
14 regulations promulgated by the authority pursuant to this
15 chapter shall be assigned by the authority to a hearing officer
16 for adjudication. Hearing officers assigned to cases pursuant to
17 this chapter may be removed by the authority only for good cause
18 shown. Following the taking and receiving of evidence, the
19 hearing officer shall issue a decision which determines the
20 merits of the complaint and assesses a penalty if warranted. The
21 hearing officer may require the filing of briefs prior to
22 issuing a decision. The hearing officer's decision shall not be
23 subject to exception or administrative appeal. In its
24 discretion, the authority may exercise review of a hearing
25 officer's decision within 15 days of the date of issuance. If
26 the authority does not perform a timely review of a hearing
27 officer's decision, the decision will become a final order
28 without further authority action. The authority may establish
29 orders or regulations which designate rules and procedures for
30 the adjudication of complaints brought pursuant to this chapter.
20040H2654B4249 - 40 -
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 the
5 following:
6 (1) A complaint which is brought before the authority
7 pursuant to this chapter and authority regulations applicable
8 to taxicab or limousine operations in cities of the first
9 class.
10 (2) A complaint which:
11 (i) arises out of service to or from a city of the
12 first class against a taxicab or limousine operation not
13 certified to provide service between points within a city
14 of the first class; and
15 (ii) is brought before the commission to enforce
16 commission regulations for taxicab or limousine service.
17 (c) Other penalties.--Nothing in this section shall be
18 deemed to limit the ability of any city of the first class to
19 prosecute violations and seek criminal penalties in a court of
20 law.
21 § 5706. Driver certification program.
22 (a) General rule.--The authority shall provide for the
23 establishment of a driver certification program for drivers of
24 taxicabs and limousines within cities of the first class.
25 Standards for fitness of all drivers shall be established under
26 such rules and regulations as the authority may prescribe. The
27 authority may revoke or suspend a driver's certificate upon a
28 finding that the individual is not fit to operate a taxicab or
29 limousine, as applicable. Each applicant for a driver's
30 certificate shall pay a fee in an amount to be determined
20040H2654B4249 - 41 -
1 pursuant to the requirements of section 5707 (relating to budget
2 and fees). Upon approval, a picture driver's certificate will be
3 issued to an applicant. No individual shall operate a taxicab or
4 limousine at any time unless the individual is certified as a
5 driver as by the authority. Each certified driver shall carry <--
6 and display in full view a driver's certificate at all times of
7 operation of a taxicab or limousine. The authority may establish
8 orders or regulations which designate additional requirements
9 governing the certification of drivers and the operation of
10 taxicabs or limousines by drivers, including, but not limited
11 to, dress codes for drivers.
12 (b) Violations.--Operating a taxicab or limousine without a
13 driver's certificate or authorizing or permitting the operation
14 of a taxicab or limousine by a driver who is not certified as a
15 driver by the authority within cities of the first class is a
16 nontraffic summary offense in the first instance and a
17 misdemeanor of the third degree for each offense thereafter. The
18 authority may, by regulation, provide for suspension and
19 revocation of drivers' certificates for violations of this
20 chapter and authority regulations.
21 (c) Agreements delegating responsibilities.--The authority
22 is hereby authorized to enter into agreements or contracts
23 delegating the duties and responsibilities designated in
24 subsection (a) to a different governmental entity or to another
25 party.
26 § 5707. Budget and fees.
27 (a) Initial budget and fees.--The authority shall complete
28 an initial budget and fee schedule necessary to advance the
29 purposes of this chapter. The fee schedule shall include all
30 fees for initial issuance of a medallion, transfer of a
20040H2654B4249 - 42 -
1 medallion and all taxicab and limousine certificates. The
2 authority's initial budget and fee schedule shall be submitted
3 to the Appropriations Committee of the Senate and the
4 Appropriations Committee of the House of Representatives. Unless
5 either the Senate or the House of Representatives acts to
6 disapprove through adoption of a resolution within ten
7 legislative days from the date of submittal, the authority's fee
8 schedule shall become effective, and the authority shall notify
9 each certificate holder of the initial fee schedule.
10 (b) Fiscal year budget and fees.--The fiscal year for the
11 fund shall commence on July 1 of each year. Before March 15 of
12 each year, the authority shall submit a budget and proposed fee
13 schedule, necessary to advance the purposes of this chapter, for
14 the coming fiscal year along with comprehensive financial data
15 from the past fiscal year to the Appropriations Committee of the
16 Senate and the Appropriations Committee of the House of
17 Representatives. Unless either the Senate or the House of
18 Representatives acts to disapprove through adoption of a
19 resolution by April 15 of each year, the authority fee schedule
20 shall become effective. The authority shall notify all
21 certificate holders of the fee schedule for the coming fiscal
22 year. The procedure for notifying certificate holders must be
23 specified in the regulations of the authority. If either the
24 Senate or the House of Representatives acts to disapprove the
25 authority's fee schedule and budget, the authority may submit a
26 revised budget and fee schedule to the Appropriations Committee
27 of the Senate and the Appropriations Committee of the House of
28 Representatives within 15 days of such disapproval or shall
29 utilize the fee schedule and budget for the prior year. Unless
30 either the Senate or the House of Representatives acts to
20040H2654B4249 - 43 -
1 disapprove, through adoption of a resolution within ten
2 legislative days from the date of submission of the revised
3 budget and fee schedule, the revised budget and fee schedule of
4 the authority shall become effective.
5 (c) First Class City Taxicab PHILADELPHIA TAXICAB AND <--
6 LIMOUSINE Regulatory Fund.--Money deposited in the First Class <--
7 City Taxicab PHILADELPHIA TAXICAB AND LIMOUSINE Regulatory Fund <--
8 is hereby specifically appropriated for the purposes of this
9 chapter and shall not be used for any purpose not specified in
10 this chapter. All interest earned by the fund and all refunds or
11 repayments shall be credited to the fund.
12 (d) Examination of records.--The chairperson and the
13 minority chairperson of the Appropriations Committee of the
14 Senate and the chairperson and the minority chairperson of the
15 Appropriations Committee of the House of Representatives shall
16 have the right to examine the books, accounts and records of the
17 authority at any time.
18 § 5708. Fund.
19 (a) Establishment.--The Philadelphia Taxicab and Limousine
20 Regulatory Fund is established. The fund shall consist of two <--
21 THE FOLLOWING accounts, which shall be kept separate and not <--
22 commingled:
23 (1) Taxicab Account.
24 (2) Limousine Account.
25 (3) OTHER ACCOUNTS AS DETERMINED BY THE AUTHORITY. <--
26 (b) Use of funds.--Money in the fund may be used as follows:
27 (1) Except as provided by subsection (c), money
28 deposited in the Taxicab Account is specifically appropriated
29 for the purposes of this chapter only as it relates to the
30 regulation of taxicabs and shall not be used for limousine
20040H2654B4249 - 44 -
1 regulation and for any purpose not specified by this chapter.
2 (2) Except as provided by subsection (c), money
3 deposited in the Limousine Account is specifically
4 appropriated for the purposes of this chapter only as it
5 relates to the regulation of limousines and shall not be used
6 for taxicab regulation and for any purpose not specified by
7 this chapter.
8 (c) Shared regulatory expenses.--Expenses to the fund that
9 are not exclusively related to either taxicabs or limousines
10 shall be divided as follows:
11 (1) Except as provided by paragraph (2), any expense
12 incurred by the authority for the regulation of taxicabs and
13 limousines which is not exclusively related to either
14 taxicabs or limousines shall be divided and charged to both
15 the Taxicab Account and the Limousine Account in a fair and
16 equitable manner consistent with the proportional share of <--
17 the incurred costs as determined by the authority.
18 (2) Any expense incurred by the authority for the
19 regulation of taxicabs and limousines which is not
20 exclusively related to either taxicabs or limousines and the
21 relative share of those costs cannot be determined shall be
22 divided in a fair and equitable manner between the Taxicab
23 Account and the Limousine Account based on some objective <--
24 measure, such as market share size, as determined by the
25 authority; and the authority may adjust this measure from
26 time to time to ensure its fairness. <--
27 (d) Revenues.--All sources of revenue, including fees and
28 other revenues, interest earned by the fund, refunds, repayments
29 and other deposits, shall be credited as follows:
30 (1) All revenues exclusively related to taxicabs shall
20040H2654B4249 - 45 -
1 be deposited in the Taxicab Account.
2 (2) All revenues exclusively related to limousines shall
3 be deposited in the Limousine Account.
4 (3) All revenues that are not exclusively related to
5 either taxicabs or limousines shall be divided in a manner
6 determined by the authority to be fair and equitable.
7 (e) Borrowing from the account.--As may be necessary to
8 fulfill its duty in carrying out this chapter, the authority may
9 borrow money from one account established by this section for
10 the purpose of the other account established by this section
11 provided that the borrowed amount is repaid.
12 (F) ALLOCATION OF REVENUE AND EXPENSES.--THE AUTHORITY, AT <--
13 ITS DISCRETION, MAY ALLOCATE EXPENSES AND REVENUES TO THE
14 APPROPRIATE ACCOUNTS.
15 § 5709. Transfer of money from fund.
16 All money in the First Class City Taxicab Regulatory Fund is
17 appropriated to the Taxicab Account under section 5708(a)(1)
18 (relating to fund) upon the effective date of this section.
19 Obligations of the First Class City Taxicab Regulatory Fund
20 shall be charged to the Taxicab Account. Revenue due to the
21 First Class City Taxicab Regulatory Fund shall be transferred
22 and deposited to the Taxicab Account.
23 Section 10.2. Section 5711 of Title 53 is reenacted and
24 amended to read:
25 § 5711. Power of authority to issue certificates of public
26 convenience.
27 (a) General rule.--In addition to the powers conferred upon
28 the authority by other provisions of this title, the authority
29 is empowered to issue certificates of public convenience in
30 accordance with this subchapter.
20040H2654B4249 - 46 -
1 (b) Application.--Every application for a certificate of
2 public convenience shall be made to the authority in writing, be
3 verified by oath or affirmation and be in such form and contain
4 such information as the authority may require.
5 (c) Procedure.--
6 (1) A certificate of public convenience to provide
7 taxicab service within cities of the first class shall be
8 granted by order of the authority without proof of the need
9 for the service if the authority finds or determines that the
10 applicant is capable of providing dependable taxicab service
11 to the public according to the rules and regulations of the
12 authority.
13 (2) The authority is authorized to issue a maximum of
14 1,600 certificates of public convenience for taxicab service
15 and no more than five certificates of public convenience for
16 limited service in any city of the first class.
17 (3) It is hereby declared to be the policy of the
18 General Assembly to regulate the provision of taxicab service
19 within cities of the first class in such a manner that any
20 certificate of public convenience hereinafter granted by
21 order of the authority shall, in addition to any other
22 conditions imposed by the authority, require that at least
23 40% of such trips of such taxicab service shall be derived
24 from such service provided to and from points within specific
25 geographical areas to be determined by the authority as being
26 in the public interest. The authority shall have the power to
27 rescind or revoke any certificate of public convenience
28 granted to any existing holder or any new recipient for the
29 operation of taxicabs within a city of the first class
30 whenever it is shown that the holder of the certificate is
20040H2654B4249 - 47 -
1 not operating the taxicabs on an average of 50% of the time
2 over any consecutive three-month period.
3 (4) The authority shall have the authority to grant
4 immediate temporary certificates of public convenience for
5 taxicab service within cities of the first class. Such
6 temporary certificates are subject to further investigation
7 before a permanent certificate shall be granted by the
8 authority.
9 (5) The transfer of a certificate of public convenience,
10 by any means or device, shall be subject to the prior
11 approval of the authority which may, in its sole or peculiar
12 discretion as it deems appropriate, attach such conditions,
13 including the appropriate allocation of proceeds, as it may
14 find to be necessary or proper.
15 (6) A certificate of public convenience to convey or
16 transmit to and from taxicabs messages or communications
17 within cities of the first class through the use of
18 centralized dispatch systems shall be granted by order of the
19 authority if the authority finds that the applicant is
20 capable of providing dependable service according to the
21 rules and regulations of the authority.
22 Section 10.3. Sections 5712 and 5713 of Title 53 are
23 reenacted to read:
24 § 5712. Medallion system.
25 (a) System.--There is a medallion system within cities of
26 the first class in order to provide holders of certificates of
27 public convenience which authorize citywide call or demand
28 service the opportunity to upgrade and improve the operations of
29 taxicabs. In the case of a corporate certificate holder, a
30 medallion shall be issued in the name of the corporation to its
20040H2654B4249 - 48 -
1 corporate president. The medallion shall be marked with the
2 taxicab number assigned to the corresponding certificate of
3 public convenience.
4 (b) Requirement.--Notwithstanding 75 Pa.C.S. § 1305(b)
5 (relating to application for registration), before registering
6 any taxi which is required to obtain a certificate of public
7 convenience from the authority to operate in a city of the first
8 class, the Department of Transportation shall require evidence
9 that the certificate has been issued and has not been revoked or
10 has not expired.
11 § 5713. Property and licensing rights.
12 (a) Property rights.--Medallions are property and may not be
13 revoked or canceled by the authority. Medallions may be pledged
14 to lenders or creditors as security on debt. All lenders or
15 creditors who, after the effective date of this section, accept
16 a medallion as security shall do so in conformance with 13
17 Pa.C.S. (relating to commercial code). If a lender or creditor
18 executes on or seizes a medallion, it shall immediately notify
19 the authority in writing. Any sale of the medallion, upon
20 seizure or execution, shall occur at authority offices pursuant
21 to the requirements of section 5718 (relating to restrictions)
22 within one year of the seizure or execution. If the medallion is
23 not sold within one year, the medallion will become
24 nontransferable, and possession must be surrendered to the
25 authority unless the authority finds exigent circumstances exist
26 which warrant extending the one-year period.
27 (b) Licensing rights.--A certificate of public convenience
28 is a licensing right which accompanies each medallion and
29 authorizes the operation of one taxicab within a city of the
30 first class. No property interest shall exist in the certificate
20040H2654B4249 - 49 -
1 itself. A certificate may not be pledged to lenders or creditors
2 as security on debt. A certificate may be canceled by the
3 authority, upon due cause shown, for violation of this
4 subchapter or authority regulations. If the authority cancels a
5 certificate, the certificate holder shall have the right to sell
6 the accompanying medallion within six months of the date of
7 cancellation, and the certificate holder must turn the medallion
8 over to the authority office within five days of cancellation of
9 the certificate for safekeeping until the medallion is sold.
10 This six-month time period shall be extended during the pendency
11 of a petition for reinstatement of the certificate of public
12 convenience. If the medallion is not sold within the statutory
13 period, the medallion will become nontransferable, and
14 possession must be surrendered to the authority.
15 Section 11. Section 5714 of Title 53 is reenacted and
16 amended to read:
17 § 5714. Certificate and medallion required.
18 (a) Procedure.--A vehicle may not be operated as a taxicab
19 with citywide call or demand rights in cities of the first class
20 unless a certificate of public convenience is issued by an
21 authority authorizing the operation of the taxicab and a
22 medallion is attached to the hood of the vehicle. Prior to the
23 issuance of a medallion, the certificate holder shall have its
24 vehicle inspected by the authority. The authority shall require,
25 by order or regulation, that each medallion holder submit to a
26 periodic vehicle inspection of its taxicab by authority
27 personnel to ensure that the vehicle meets the requirements of
28 this subchapter and authority regulations. Authority inspection
29 requirements shall be in addition to the vehicle requirements
30 set forth in Title 75 (relating to vehicles). Authority
20040H2654B4249 - 50 -
1 inspection and recording requirements shall be established by
2 regulations. No vehicle which is more than eight years old shall
3 continue in operation as a taxicab. Notwithstanding the
4 foregoing, the authority may authorize the operation of antique
5 vehicles in call or demand service in such circumstances as the
6 authority may deem appropriate. Each medallion holder's tariff
7 rates shall be clearly and visibly displayed in each taxicab. A
8 medallion shall not be removed from a vehicle without prior
9 notification to and permission of the authority. A medallion
10 authorizes operation of a vehicle as a taxicab only for the
11 fiscal year for which the medallion is issued.
12 (b) Protective barrier.--Each taxicab within cities of the
13 first class shall be equipped with a protective barrier for the
14 protection of the driver, separating the front seat from the
15 back seat. The authority may provide for additional driver
16 protection measures by order or regulation.
17 (c) Service.--A vehicle authorized by a certificate to
18 provide call or demand service within cities of the first class
19 may transport persons and their baggage upon call or demand and
20 parcels, packages and property at the same basic metered rates
21 charged to passengers:
22 (1) between points in the city of the first class for
23 which its certificate is issued;
24 (2) from any point in the city of the first class for
25 which its certificate is issued to any point in this
26 Commonwealth;
27 (3) from any point in this Commonwealth to any point in
28 the city of the first class for which its certificate is
29 issued if the request for service for such transportation is
30 received by call to its centralized dispatch system; and
20040H2654B4249 - 51 -
1 (4) from any point in the city of the first class for
2 which its certificate is issued to any point outside this
3 Commonwealth as a continuous part of a trip.
4 (d) Other vehicles.--
5 (1) A vehicle which is not authorized by a certificate
6 to provide call or demand service within cities of the first
7 class but which is operated by the holder of a certificate of
8 public convenience from the Pennsylvania Public Utility
9 Commission authorizing call or demand service elsewhere in
10 this Commonwealth may transport persons and property:
11 (i) to cities of the first class in accordance with
12 the service authorized under its certificate of public
13 convenience; and
14 (ii) from any point in a city of the first class to
15 any point in this Commonwealth beyond that city of the
16 first class if the request for service for such
17 transportation is received by call to its radio dispatch
18 service.
19 (2) Carriers currently authorized to provide service to
20 designated areas within cities of the first class on a non-
21 citywide basis shall retain their authorization through the
22 authority. The authority shall not grant additional rights to
23 new or existing carriers to serve designated areas within
24 cities of the first class on a non-citywide basis.
25 (e) Penalties involving certificated taxicabs.--Operating a
26 certificated taxicab in violation of subsections (a) and (b) or
27 authorizing or permitting such operation is a nontraffic summary
28 offense. Offenders of subsections (a) and (b) may also be
29 subject to civil penalties pursuant to section 5725 (relating to
30 civil penalties).
20040H2654B4249 - 52 -
1 (f) Unauthorized vehicles.--Operating an unauthorized
2 vehicle as a taxicab, or giving the appearance of offering call
3 or demand service with an unauthorized vehicle, without first
4 having received a certificate of public convenience and a
5 medallion is a nontraffic summary offense in the first instance
6 and a misdemeanor of the third degree for each offense
7 thereafter. The owner and the driver of a vehicle being operated
8 as or appearing as a taxicab without a certificate of public
9 convenience and a medallion are also subject to civil penalties
10 pursuant to section 5725. Civil penalties which have been
11 assessed and collected shall be deposited in the fund.
12 (g) Confiscation and impoundment of vehicles.--
13 (1) In addition to penalties provided for in subsection
14 (f), [police officers in cities of the first class are] THE <--
15 AUTHORITY IS empowered to confiscate and impound vehicles
16 [and equipment], MEDALLIONS and equipment which are utilized <--
17 to provide call or demand service without a proper
18 certificate of public convenience [and a medallion.] in
19 cities of the first class or which are in violation of
20 regulations of the authority. Upon satisfaction of all
21 penalties imposed and all outstanding fines assessed against
22 the owner or operator of the [unauthorized] confiscated
23 vehicle and payment of the [city's] costs of the authority
24 associated with confiscation and impoundment, the vehicle, <--
25 MEDALLION and equipment shall be returned to its [owner.
26 Failure to timely satisfy these conditions within 90 days of
27 impoundment may result in the sale of confiscated property by
28 a city of the first class at auction. Proceeds received from
29 the sale of confiscated property, after payment of the city's
30 costs associated with confiscation, shall be deposited into
20040H2654B4249 - 53 -
1 the fund.] registered owner or registered lienholder.
2 (2) (i) If an owner or operator does not satisfy all
3 penalties imposed and all outstanding fines assessed
4 within 45 days of the date of impoundment, the authority
5 may publicly auction all confiscated property.
6 (ii) The authority shall, at least 30 days before
7 the date of the public auction, provide notice by regular
8 mail to the registered owner and any registered
9 lienholder of the public auction of confiscated vehicles
10 and equipment. The notice required under this
11 subparagraph may be provided within the period of 45 days
12 of the date of impoundment.
13 (3) The authority shall apply the proceeds from the sale
14 of all confiscated property in the following order:
15 (i) To the costs of the authority associated with
16 the confiscation, impoundment and auction.
17 (ii) To all penalties imposed and all outstanding
18 fines assessed against the owner and operator of the
19 confiscated property.
20 (iii) Except as provided in subparagraph (v), to the
21 lien of any registered lienholder of the confiscated
22 property upon demand.
23 (iv) Except as provided in subparagraph (v), to the
24 registered owner of the confiscated property upon demand.
25 (v) When not claimed by any registered lienholder or
26 registered owner within one year of the auction date,
27 remaining proceeds shall be deposited into the fund.
28 (g.1) Assessment.--After application of the proceeds from
29 the sale of confiscated property under subsection (f), the
30 uncompensated costs of the authority associated with the
20040H2654B4249 - 54 -
1 confiscation, impoundment and auction and all outstanding
2 penalties imposed and all outstanding fines assessed against the
3 registered owner or operator of the confiscated property may be
4 assessed against the registered owner or operator of the
5 confiscated property as the authority may prescribe by
6 regulation.
7 (h) Counterfeit medallions.--The manufacture or possession
8 of a counterfeit medallion is a misdemeanor of the third degree
9 for each offense.
10 Section 11.1. Section 5715 of Title 53 is amended to read:
11 [§ 5715. Contested complaints.
12 (a) Adjudication.--Contested complaints brought before the
13 authority alleging violations of this subchapter or rules and
14 regulations promulgated by the authority pursuant to this
15 subchapter shall be assigned by the authority to a hearing
16 officer for adjudication. Hearing officers assigned to cases
17 pursuant to this subchapter may be removed by the authority only
18 for good cause shown. Following the taking and receiving of
19 evidence, the hearing officer shall issue a decision which
20 determines the merits of the complaint and assesses a penalty if
21 warranted. In extraordinary circumstances, the hearing officer
22 may require the filing of briefs prior to issuing a decision.
23 The hearing officer's decision shall not be subject to exception
24 or administrative appeal. In its discretion, the authority may
25 exercise review of a hearing officer's decision within 15 days
26 of the date of issuance. If the authority does not exercise its
27 authority to review a hearing officer's decision, the decision
28 will become a final order without further authority action. The
29 authority may establish orders or regulations which designate
30 rules and procedures for the adjudication of complaints brought
20040H2654B4249 - 55 -
1 pursuant to this subchapter.
2 (b) Commencement of complaints.--Authority enforcement
3 officers, Pennsylvania Public Utility Commission enforcement
4 officers and police officers or licensing officials within
5 cities of the first class may commence and prosecute complaints
6 brought before the authority pursuant to this subchapter and
7 authority regulations applicable to taxicab operations in cities
8 of the first class.
9 (c) Other penalties.--Nothing in this section shall be
10 deemed to limit the ability of any city of the first class to
11 prosecute violations and seek criminal penalties in a court of
12 law.]
13 Section 11.2. Section 5716 of Title 53 is reenacted to read:
14 § 5716. Reissuance of medallion.
15 Within 30 days of the close of each fiscal year, a medallion
16 holder shall apply to obtain from the authority a reissued
17 medallion for a fee in an amount to be determined pursuant to
18 the requirements of section 5723 (relating to budget and fees).
19 Each year's medallion shall designate the year of issuance and
20 shall be identifiable by a distinctive tint or color and shape
21 to be determined by the authority. A medallion may not be issued
22 by the authority unless all outstanding authority fines,
23 penalties and fees have been paid in full and unless all
24 insurance, tariff and vehicle inspection filings are current.
25 Immediately prior to reissuance of a medallion, a medallion
26 holder shall remove the prior year's medallion from the hood of
27 its taxicab and surrender it to the authority. Upon reissuance,
28 the new medallion shall be immediately attached to the vehicle.
29 Section 11.3. Section 5717 of Title 53 is reenacted and
30 amended to read:
20040H2654B4249 - 56 -
1 § 5717. Additional certificates and medallions.
2 Subject to the limits established in section 5711(c)
3 (relating to power of authority to issue certificates of public
4 convenience), the authority may increase the number of
5 certificates and medallions if it finds a need for additional
6 taxicab service in cities of the first class by issuing
7 certificates and corresponding medallions to applicants on a
8 first-come-first-served basis. Each applicant shall pay a fee in
9 an amount equal to the reasonable market value of the medallions
10 at the time of issuance as determined by the authority. The fee
11 is payable prior to the time of issuance. In determining the
12 reasonable market value of a medallion, the authority shall
13 consider the purchase price in medallion transactions over the
14 prior year as reflected in authority records. The authority in
15 its discretion may hold hearings to determine the reasonable
16 market value of a medallion. In no case shall the number of
17 citywide call or demand service taxicab certificates and
18 medallions issued by the authority exceed 1,600 each.
19 Section 11.4. Section 5718 of Title 53 is reenacted AND <--
20 AMENDED to read:
21 § 5718. Restrictions.
22 (a) Place of transaction.--A medallion may not be sold or
23 transferred to another party unless the closing of the sales
24 transaction occurs at authority offices in the presence of a
25 designated authority staff member. The authority staff member
26 shall witness the execution of each contract of sale to evidence
27 staff presence at the execution. All contracts for the sale of
28 medallions which are not executed at authority offices and
29 witnessed by an authority staff member are void by operation of
30 law. All sales contracts shall conform to such rules and
20040H2654B4249 - 57 -
1 regulations as the authority may prescribe. Prior to each
2 closing, the buyer of the medallion shall pay a fee in an amount
3 to be determined pursuant to the requirements of section [5723] <--
4 5707 (relating to budget and fees).
5 (b) Issuance of certificate.--Upon the witnessing of a sale
6 of a medallion and upon application of the purchaser and
7 compliance with authority tariff, insurance and inspection
8 requirements, the authority staff shall issue an accompanying
9 certificate to the new medallion holder unless the authority
10 determines that the transfer of the certificate is inconsistent
11 with the public interest. Where there is a determination that a
12 transfer is not in the public interest, the new medallion holder
13 shall have six months from the date the adverse determination is
14 entered to sell the medallion to a new owner. If a sale is not
15 consummated before authority personnel within six months, the
16 medallion will become nontransferable, and possession must be
17 surrendered to the authority.
18 (c) Criminal records.--No person or corporation may purchase
19 a medallion or apply for a certificate if the person or
20 corporation or an officer or director of the corporation has
21 been convicted or found guilty of a felony within the five-year
22 period immediately preceding the transfer. All applications for
23 a certificate shall contain a sworn affidavit certifying that
24 the purchaser has not been convicted of a felony in the previous
25 five years. If, at any time, the authority finds that a
26 medallion holder has been convicted of a felony while holding
27 the medallion or during the five years immediately preceding its
28 purchase, the authority shall cancel the corresponding
29 certificate.
30 Section 11.5. Section 5719 of Title 53 is amended to read:
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1 [§ 5719. Driver certification program.
2 (a) General rule.--The authority shall provide for the
3 establishment of a driver certification program for drivers of
4 taxicabs within cities of the first class. Standards for fitness
5 of taxi drivers shall be established under such rules and
6 regulations as the authority may prescribe. The authority may
7 revoke or suspend a taxi driver's certificate upon a finding
8 that the individual is not fit to operate a taxicab. Each
9 applicant for a taxi driver's certificate shall pay a fee in an
10 amount to be determined pursuant to the requirements of section
11 5723 (relating to budget and fees). Upon approval, a picture
12 taxi driver's certificate will be issued to an applicant. No
13 individual shall operate a taxicab at any time unless the
14 individual is certified as a taxi driver by the authority. Each
15 certified taxi driver shall carry and display in full view a
16 taxi driver's certificate at all times of operation of a
17 taxicab. The authority may establish orders or regulations which
18 designate additional requirements governing the certification of
19 drivers and the operation of taxicabs by drivers, including, but
20 not limited to, dress codes for drivers.
21 (b) Violations.--Operating a taxicab without a taxi driver's
22 certificate or authorizing or permitting the operation of a
23 taxicab by a driver who is not certified as a taxi driver within
24 cities of the first class is a nontraffic summary offense in the
25 first instance and a misdemeanor of the third degree for each
26 offense thereafter. The authority may, by regulation, provide
27 for suspension and revocation of taxi drivers' certificates for
28 violations of this subchapter and authority regulations.
29 (c) Agreements delegating responsibilities.--The authority
30 is hereby authorized to enter into agreements or contracts
20040H2654B4249 - 59 -
1 delegating the duties and responsibilities designated in
2 subsection (a) to a different governmental entity or to another
3 party.]
4 Section 11.6. Section 5720 of Title 53 is reenacted and
5 amended to read:
6 § 5720. Wages.
7 (a) Minimum wage.--Each medallion holder shall pay at least
8 a prevailing minimum wage rate or, in the alternative, charge at
9 most a prevailing maximum lease amount to the drivers of its
10 taxicab, as determined by the authority upon investigation. The
11 minimum wage rate and the maximum lease amount, as established
12 by the authority, may include employee benefits.
13 (b) Uniform rates.--All taxicabs [within] with citywide call
14 and demand rights in cities of the first class shall charge a
15 uniform rate to passengers, as determined by the authority upon
16 investigation.
17 (c) Reopen investigations.--Any [medallion holder or
18 licensed] holder of a certificate of public convenience or
19 certified driver may petition the authority to reopen the
20 investigations addressed by subsections (a) and (b) no less than
21 18 months after the close of the preceding investigation.
22 Section 12. Section 5721 of Title 53 is reenacted to read:
23 § 5721. Centralized dispatcher.
24 In cities of the first class, all medallion holders shall
25 utilize the services of a centralized dispatch system. Any owner
26 of a centralized dispatch system shall make such system
27 available to all medallion holders for a reasonable fee, as
28 described in a rate schedule to be filed with the authority. The
29 authority, in its discretion, may review the rate schedules of
30 dispatch associations to determine if rates charged discriminate
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1 against new applicants. Medallion holders shall utilize only
2 centralized dispatch systems that are in conformance with
3 authority rules and regulations. Medallion holders shall have no
4 obligation to use any particular centralized dispatch system.
5 Section 13. Section 5722 of Title 53 is reenacted and
6 amended to read:
7 § 5722. Regulations.
8 The authority may prescribe such rules and regulations as it
9 deems necessary to govern the regulation of taxicabs within
10 cities of the first class under this [subchapter.] chapter. The
11 authority has the powers set forth in this section
12 notwithstanding any other provision or law or of the articles of
13 incorporation of the authority.
14 Section 13.1. Section 5723 of Title 53 is amended to read:
15 [§ 5723. Budget and fees.
16 (a) Initial budget and fees.--The authority shall complete
17 an initial budget and fee schedule. The fee schedule shall
18 identify the initial fees for initial issuance of a medallion,
19 transfer of a medallion and issuance of a taxi driver's license.
20 The authority's initial budget and fee schedule shall be
21 submitted to the Appropriations Committee of the Senate and the
22 Appropriations Committee of the House of Representatives. Unless
23 either the Senate or the House of Representatives acts to
24 disapprove through adoption of a resolution within ten
25 legislative days from the date of submittal, the authority's fee
26 schedule shall become effective, and the authority shall notify
27 each medallion holder by certified letter of the initial fee
28 schedule.
29 (b) Fiscal year budget and fees.--The fiscal year for the
30 fund shall commence on July 1 of each year. Before March 15 of
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1 each year, the authority shall submit a budget and proposed fee
2 schedule for the coming fiscal year along with comprehensive
3 financial data from the past fiscal year to the Appropriations
4 Committee of the Senate and the Appropriations Committee of the
5 House of Representatives. Unless either the Senate or the House
6 of Representatives acts to disapprove through adoption of a
7 resolution by June 15 of each year, the authority fee schedule
8 shall become effective. The authority shall notify all medallion
9 holders of the fee schedule for the coming fiscal year by
10 certified letter. If either the Senate or the House of
11 Representatives acts to disapprove the authority's fee schedule
12 and budget, the authority shall utilize the fee schedule and
13 budget for the prior year.
14 (c) First Class City Taxicab Regulatory Fund.--Money
15 deposited in the First Class City Taxicab Regulatory Fund is
16 hereby specifically appropriated for the purposes of this
17 chapter and shall not be used for any purpose not specified in
18 this chapter. All interest earned by the fund and all refunds or
19 repayments shall be credited to the fund.
20 (d) Examination of records.--The chairperson and the
21 minority chairperson of the Appropriations Committee of the
22 Senate and the chairperson and the minority chairperson of the
23 Appropriations Committee of the House of Representatives shall
24 have the right to examine the books, accounts and records of the
25 authority at any time.]
26 Section 14. Sections 5724 and 5725 of Title 53 are reenacted
27 to read:
28 § 5724. Criminal penalties.
29 For the purpose of this subchapter, any person or corporation
30 convicted of:
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1 (1) a summary offense shall be sentenced to pay a fine
2 of $500 and may be sentenced to a term of imprisonment not to
3 exceed 90 days or both; or
4 (2) a misdemeanor shall be sentenced to pay a fine of
5 $2,500 and may be sentenced to a term of imprisonment not to
6 exceed one year or both.
7 § 5725. Civil penalties.
8 (a) General rule.--If any person or corporation subject to
9 this subchapter shall violate any of the provisions of this
10 subchapter or shall do any matter or thing prohibited under this
11 subchapter; or shall fail, omit, neglect or refuse to perform
12 any duty enjoined upon it by this subchapter; or shall fail,
13 omit, neglect or refuse to obey, observe and comply with any
14 regulation or final direction, requirement, determination or
15 order made by the authority or to comply with any final
16 judgment, order or decree made by any court, the person or
17 corporation for the violation, omission, failure, neglect or
18 refusal shall forfeit and pay to the Commonwealth a sum not
19 exceeding $1,000 to be recovered by an action of assumpsit
20 instituted in the name of the Commonwealth. In construing and
21 enforcing the provisions of this section, the violation,
22 omission, failure, neglect or refusal of any officer, agent or
23 employee acting for or employed by the person or corporation
24 shall in every case be deemed to be the violation, omission,
25 failure, neglect or refusal of the person or corporation.
26 (b) Continuing offenses.--Each and every day's continuance
27 in the violation of any regulation or final direction,
28 requirement, determination or order of the authority, or of any
29 final judgment, order or decree made by any court, shall be a
30 separate and distinct offense. If any interlocutory order of
20040H2654B4249 - 63 -
1 supersedeas or a preliminary injunction be granted, no penalties
2 shall be incurred or collected for or on account of any act,
3 matter or thing done in violation of such final direction,
4 requirement, determination, order or decree so superseded or
5 enjoined for the period of time such order of supersedeas or
6 injunction is in force.
7 Section 15. Section 5741 of Title 53 is reenacted and
8 amended to read:
9 § 5741. Certificate of public convenience required.
10 (a) General rule.--In order to operate a limousine service
11 within a city of the first class, THE LIMOUSINE SERVICE MUST <--
12 HAVE a certificate of public convenience must be issued [by the <--
13 authority.] [MUST BE] ISSUED BY THE AUTHORITY[.] under section <--
14 5741.1 (relating to power of authority). The authority may grant
15 a certificate of public convenience to provide limousine service
16 if the authority determines that the applicant is capable of
17 providing safe, adequate, lawful and dependable service to the
18 public. THE AUTHORITY MAY BY REGULATION DEFINE CATEGORIES OF <--
19 LIMOUSINE SERVICE. THE AUTHORITY MAY SEPARATELY GRANT
20 CERTIFICATES OF PUBLIC CONVENIENCE FOR EACH CATEGORY OF
21 LIMOUSINE SERVICE AND SPECIFY THE RIGHTS ASSOCIATED WITH THE
22 CERTIFICATES OF PUBLIC CONVENIENCE BY CATEGORY OF LIMOUSINE
23 SERVICE.
24 (a.1) Service ADVANCED RESERVATION LIMOUSINE SERVICE.--A <--
25 vehicle authorized by a certificate OF PUBLIC CONVENIENCE issued <--
26 by the authority to provide limousine service within a city of
27 the first class may transport persons and their baggage upon
28 advance reservation:
29 (1) between points in the city of the first class for
30 which its certificate is issued;
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1 (2) from any point in the city of the first class for
2 which its certificate is issued to any point in this
3 Commonwealth;
4 (3) from any point in this Commonwealth to any point in
5 the city of the first class for which its certificate issued;
6 and
7 (4) from any point in the city of the first class for
8 which its certificate is issued to any point outside this
9 Commonwealth as part of a continuous trip.
10 (A.2) OTHER LIMOUSINE SERVICE.--A VEHICLE AUTHORIZED BY A <--
11 CERTIFICATE OF PUBLIC CONVENIENCE ISSUED BY THE AUTHORITY TO
12 PROVIDE NONEXCLUSIVE, SCHEDULED LIMOUSINE SERVICE MAY TRANSPORT
13 PERSONS AND THEIR BAGGAGE TO OR FROM ANY AIRPORT, RAILROAD
14 STATION OR HOTEL LOCATED IN WHOLE OR IN PART IN A CITY OF THE
15 FIRST CLASS WITHOUT ADVANCED RESERVATION IN ACCORDANCE WITH
16 RULES AND REGULATIONS ESTABLISHED BY THE AUTHORITY.
17 (a.2) Other vehicles.-- (A.3) COMMISSION LIMOUSINE <--
18 CERTIFICATE HOLDERS.--A vehicle which is not authorized by a
19 certificate OF PUBLIC CONVENIENCE ISSUED BY THE AUTHORITY to <--
20 provide limousine service in a city of the first class but which
21 is operated by the holder of a certificate of public convenience
22 from the commission authorizing limousine service elsewhere in
23 this Commonwealth may transport persons and their baggage:
24 (1) to a city of the first class upon advanced
25 reservation and in accordance with the service authorized
26 under its certificate of public convenience; and
27 (2) from any point in a city of the first class to any
28 point in this Commonwealth beyond the city of the first class
29 upon advance reservation in accordance with the service
30 authorized under its certificate of public convenience, <--
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1 EXCLUDING SERVICE FROM ANY AIRPORT, RAILROAD STATION AND
2 HOTEL LOCATED IN WHOLE OR IN PART IN A CITY OF THE FIRST
3 CLASS.
4 (b) Enforcement.--
5 (1) The provisions of this subchapter and the rules and
6 regulations promulgated by the authority pursuant to this
7 subchapter shall be enforced within cities of the first class
8 by authority personnel.
9 (2) The Pennsylvania Public Utility Commission may
10 initiate actions before the authority.
11 (c) Restrictions.--Certificates issued pursuant to this
12 subchapter shall be nontransferable unless a transfer is
13 approved by the authority.
14 (d) Penalties involving certified limousines.--Operating a
15 certificated limousine in violation of this subchapter and
16 authority regulations with regard to limousine service in a city
17 of the first class or authorizing or permitting such operation
18 is a nontraffic summary offense. Offenders may also be subject
19 to civil penalties pursuant to section 5745 (relating to civil
20 penalties).
21 (e) Unauthorized vehicles.--Operating an unauthorized
22 vehicle as a limousine or giving the appearance of offering
23 limousine service with an unauthorized vehicle, without first
24 having received a certificate of public convenience, is a
25 nontraffic summary offense in the first instance and a
26 misdemeanor of the third degree for each subsequent offense. The
27 owner and the driver of a vehicle being operated as a limousine
28 without a certificate of public convenience are also subject to
29 civil penalties pursuant to section 5745. Civil penalties which
30 have been assessed and collected shall be deposited in the fund.
20040H2654B4249 - 66 -
1 (f) Confiscation and impoundment of vehicles.--
2 (1) In addition to penalties provided for in subsection
3 (d) and (e), the authority is empowered to confiscate and
4 impound vehicles and equipment which are utilized to provide
5 limousine service without a proper certificate of public
6 convenience in a city of the first class or which are in
7 violation of regulations of the authority. Upon satisfaction
8 of all penalties imposed and all outstanding fines assessed
9 against the owner or operator of the confiscated vehicle and
10 equipment and payment of the authority's costs associated
11 with confiscation and impoundment, the vehicle and equipment
12 shall be returned to its registered owner or registered
13 lienholder.
14 (2) (i) If an owner or operator does not satisfy all
15 penalties imposed and all outstanding fines assessed
16 within 45 days of the date of impoundment, the authority
17 may publicly auction all confiscated property.
18 (ii) The authority shall, at least 30 days before
19 the date of the public auction, provide notice by regular
20 mail to the registered owner and any registered
21 lienholder of the public auction of confiscated vehicles
22 and equipment. The notice required under this
23 subparagraph may be provided within the period of 45 days
24 of the date of impoundment.
25 (3) The authority shall apply the proceeds from the sale
26 of all confiscated property in the following order:
27 (i) To the costs of the authority associated with
28 the confiscation, impoundment and auction.
29 (ii) To all penalties imposed and all outstanding
30 fines assessed against the owner and operator of the
20040H2654B4249 - 67 -
1 confiscated property.
2 (iii) Except as provided in subparagraph (v), to the
3 lien of any registered lienholder of the confiscated
4 property upon demand.
5 (iv) Except as provided in subparagraph (v), to the
6 registered owner of the confiscated property upon demand.
7 (v) When not claimed by any registered lienholder or
8 registered owner within one year of the auction date,
9 remaining proceeds shall be deposited into the fund.
10 (f.1) Assessment.--After application of the proceeds from
11 the sale of confiscated property under subsection (f), the
12 uncompensated costs of the authority associated with the
13 confiscation, impoundment and auction and all outstanding
14 penalties imposed and all outstanding fines assessed against the
15 registered owner or operator of the confiscated property may be
16 assessed against the registered owner or operator of the
17 confiscated property as the authority may prescribe by
18 regulation.
19 Section 16. Title 53 is amended by adding a section to read:
20 § 5741.1. Power of authority.
21 (a) General rule.--In addition to the other powers conferred
22 upon the authority by other provisions of this title, the
23 authority is empowered to issue certificates of public
24 convenience in accordance with this subchapter.
25 (b) Application.--An application for a certificate of public
26 convenience must be made to the authority in writing, be
27 verified by oath or affirmation, be in the form required by the
28 authority and contain information required by the authority.
29 (c) Procedure.--
30 (1) The authority has the power to rescind or revoke a
20040H2654B4249 - 68 -
1 certificate of public convenience granted to an existing
2 holder or a new recipient for the operation of limousines
3 within a city of the first class.
4 (2) The authority has the power to grant immediate
5 temporary certificates of convenience for limousine service
6 within cities of the first class. Temporary certificates are
7 subject to further investigation before a permanent
8 certificate shall be granted by the authority.
9 (3) The transfer of a certificate of public convenience,
10 by any means or device, shall be subject to the prior
11 approval of the authority which may attach conditions it
12 deems proper.
13 Section 17. Section 5742 of Title 53 is REENACTED AND <--
14 amended to read:
15 § 5742. Regulations.
16 The authority is authorized to prescribe such rules and
17 regulations as it deems necessary to administer and enforce
18 [this chapter.] the regulation of limousine service certified
19 through the authority under this chapter. The authority has the
20 powers set forth in this section notwithstanding any other
21 provision of law or of the authority's articles of
22 incorporation.
23 Section 18. Section 5743 of Title 53 is amended to read:
24 [§ 5743. Budget and fees.
25 (a) Initial budget and fees.--The authority shall complete
26 an initial budget and fee schedule. The fee schedule shall
27 identify the initial fees for the holder of a certificate of
28 public convenience for limousine service. The authority's
29 initial budget and fee schedule shall be submitted to the
30 Appropriations Committee of the Senate and the Appropriations
20040H2654B4249 - 69 -
1 Committee of the House of Representatives. Unless either the
2 Senate or the House of Representatives acts to disapprove
3 through adoption of a resolution within ten legislative days
4 from the date of submittal, the authority's fee schedule shall
5 become effective, and the authority shall notify each
6 certificate holder by certified letter of the initial fee
7 schedule.
8 (b) Fiscal year budget and fees.--The fiscal year for the
9 fund shall commence on July 1 of each year. Before March 15 of
10 each year, the authority shall submit a budget and proposed fee
11 schedule for the coming fiscal year along with comprehensive
12 financial data from the past fiscal year to the Appropriations
13 Committee of the Senate and the Appropriations Committee of the
14 House of Representatives. Unless either the Senate or the House
15 of Representatives acts to disapprove through adoption of a
16 resolution by June 15 of each year, the authority fee schedule
17 shall become effective. The authority shall notify all
18 certificate holders of the fee schedule for the coming fiscal
19 year by certified letter. If either the Senate or the House of
20 Representatives acts to disapprove the authority's fee schedule
21 and budget, the authority shall utilize the fee schedule and
22 budget for the prior year.
23 (c) First Class City Taxicab Regulatory Fund.--Money
24 deposited in the First Class City Taxicab Regulatory Fund is
25 hereby specifically appropriated for the purposes of this
26 chapter and shall not be used for any purpose not specified in
27 this chapter. All interest earned by the fund and all refunds or
28 repayments shall be credited to the fund.
29 (d) Examination of records.--The chairperson and the
30 minority chairperson of the Appropriations Committee of the
20040H2654B4249 - 70 -
1 Senate and the chairperson and the minority chairperson of the
2 Appropriations Committee of the House of Representatives shall
3 have the right to examine the books, accounts and records of the
4 authority at any time.]
5 Section 18.1. Sections 5744 and 5745 of Title 53 are
6 reenacted to read:
7 § 5744. Criminal penalties.
8 For the purpose of this subchapter, any person or corporation
9 convicted of:
10 (1) a summary offense shall be sentenced to pay a fine
11 of $500 and may be sentenced to a term of imprisonment not to
12 exceed 90 days or both; or
13 (2) a misdemeanor shall be sentenced to pay a fine of
14 $2,500 and may be sentenced to a term of imprisonment not to
15 exceed one year or both.
16 § 5745. Civil penalties.
17 (a) General rule.--If any person or corporation subject to
18 this subchapter shall violate any of the provisions of this
19 subchapter or shall do any matter or thing prohibited under this
20 subchapter; or shall fail, omit, neglect or refuse to perform
21 any duty enjoined upon it by this subchapter; or shall fail,
22 omit, neglect or refuse to obey, observe and comply with any
23 regulation or final direction, requirement, determination or
24 order made by the authority or to comply with any final
25 judgment, order or decree made by any court, the person or
26 corporation for the violation, omission, failure, neglect or
27 refusal shall forfeit and pay to the Commonwealth a sum not
28 exceeding $1,000 to be recovered by an action of assumpsit
29 instituted in the name of the Commonwealth. In construing and
30 enforcing the provisions of this section, the violation,
20040H2654B4249 - 71 -
1 omission, failure, neglect or refusal of any officer, agent or
2 employee acting for or employed by the person or corporation
3 shall in every case be deemed to be the violation, omission,
4 failure, neglect or refusal of the person or corporation.
5 (b) Continuing offenses.--Each and every day's continuance
6 in the violation of any regulation or final direction,
7 requirement, determination or order of the authority, or of any
8 final judgment, order or decree made by any court, shall be a
9 separate and distinct offense. If any interlocutory order of
10 supersedeas or a preliminary injunction be granted, no penalties
11 shall be incurred or collected for or on account of any act,
12 matter or thing done in violation of such final direction,
13 requirement, determination, order or decree so superseded or
14 enjoined for the period of time such order of supersedeas or
15 injunction is in force.
16 Section 19. The provisions of 66 Pa.C.S. §§ 510(b)(5) and
17 1103(c) and 66 Pa.C.S Ch. 24 are repealed.
18 Section 20. The following provisions shall not apply to or
19 affect the validity of any contract otherwise within the purview
20 of such provisions entered into by the Pennsylvania Public
21 Utility Commission prior to the effective date of this section:
22 (1) The reenactment of 53 Pa.C.S. § 5505(d)(23).
23 (2) The reenactment of 53 Pa.C.S. § 5508.1(o).
24 (2.1) The reenactment of 53 Pa.C.S. § 5508.2.
25 (3) The reenactment of 53 Pa.C.S. §§ 5510.1 through
26 5510.11.
27 (4) The reenactment, amendment or addition of 53 Pa.C.S.
28 §§ 5701, 5701.1, 5702, 5703, 5704, 5705, 5706, 5707, 5711,
29 5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719, 5720, 5721,
30 5722, 5723, 5724, 5725, 5741, 5741.1, 5742, 5743, 5744 and
20040H2654B4249 - 72 -
1 5745.
2 (5) Section 19 of this act.
3 (6) Section 21 of this act.
4 (7) Section 22 of this act.
5 (8) Section 24 of this act.
6 Section 21. The following provisions do not affect any act
7 done, liability incurred or right accrued or vested or affect
8 any civil or criminal proceeding pending or to be commenced to
9 enforce any right or penalty or punish any offense under any
10 provision of law repealed by section 4 of this act:
11 (1) The reenactment of 53 Pa.C.S. § 5508.1(o).
12 (2) The reenactment of 53 Pa.C.S. § 5508.2.
13 (3) The reenactment of 53 Pa.C.S. §§ 5510.1 through
14 5510.11.
15 (4) The reenactment, amendment or addition of 53 Pa.C.S.
16 §§ 5701, 5701.1, 5702, 5703, 5704, 5705, 5706, 5707, 5711,
17 5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719, 5720, 5721,
18 5722, 5723, 5724, 5725, 5741, 5741.1, 5742, 5743, 5744 and
19 5745.
20 (5) The provisions of 66 Pa.C.S. §§ 510(b)(5) and
21 1103(c) and Ch.24.
22 (6) Section 20 of this act.
23 (7) Section 22 of this act.
24 (8) Section 24 of this act.
25 Section 22. The following shall apply:
26 (1) The Pennsylvania Public Utility Commission's
27 appropriations, allocations, documents, records, equipment,
28 materials, powers, duties, contracts, rights and obligations
29 which are utilized or accrue in connection with the functions
30 under 66 Pa.C.S. Ch. 24 and in connection with limousine
20040H2654B4249 - 73 -
1 regulation in cities of the first class shall be transferred
2 to the Philadelphia Parking Authority in accordance with an
3 agreement between the commission and the authority.
4 (2) Regulations, orders, programs and policies of the
5 commission under 66 Pa.C.S. Ch. 24 and concerning limousine
6 service regulation within cities of the first class shall
7 remain in effect until specifically amended, rescinded or
8 altered by the authority.
9 (3) The State Treasurer shall coordinate with the
10 authority and transfer the First Class City Taxicab
11 Regulatory Fund to the authority. Upon transfer, fiduciary
12 responsibility over the fund shall pass from the State
13 Treasurer to the authority.
14 (4) The commission shall assist the authority to prepare
15 for the transfer and to ensure a smooth transition with as
16 little disruption as possible to public safety, consumer
17 convenience and the impacted industries. The commission and
18 the authority are empowered to resolve by mutual agreement
19 any jurisdictional issues that may be associated with the
20 transfer. Any agreement shall be reported to the
21 Appropriations Committee of the Senate and the Appropriations
22 Committee of the House of Representatives and will be
23 considered effective unless either the Senate or the House of
24 Representatives rejects the submitted agreement by resolution
25 within ten legislative days of submission. Upon becoming
26 effective, an agreement shall be published in the
27 Pennsylvania Bulletin.
28 (4.1) Any revenues generated by a taxicab or limousine
29 while operating under the jurisdiction of the authority shall
30 be exempt from assessment by the commission. The provisions
20040H2654B4249 - 74 -
1 of this paragraph shall have no effect on the fees allowed to
2 be charged by the authority in accordance with the provisions
3 of section 5707.
4 (5) As soon as is practical but no later than 60 days
5 after the effective date of this paragraph, subject to
6 negotiations between the commission and the authority, the
7 authority shall notify all current employees of the
8 commission whose jobs would be impacted by the transfer of
9 its intention to hire. All employees who receive and accept
10 offers to be transferred shall be employees of the authority
11 and the authority shall make provisions to transfer longevity
12 credits, payroll credits and other personnel benefits, except
13 for retirement accounts, in a fair and reasonable manner.
14 Notwithstanding the provisions of 53 Pa.C.S. §§ 5505(d)(8)
15 and (20) and 5508.1(1), any ordinance of any city of the
16 first class or any agreement or contract between a city of
17 the first class and the authority, the pension and retirement
18 rights of employees of the commission at the time of the
19 transfer whose jobs are impacted by the transfer and who
20 receive and accept offers to be transferred and be employees
21 of the authority upon the transfer of the funds and programs
22 pursuant to this section shall be determined by the
23 provisions of 71 Pa.C.S. Pt. XXV, known as the State
24 Employees' Retirement Code, and for such employees the
25 authority shall have the obligations and duties of employers
26 under the State Employees' Retirement Code. The authority
27 shall make every reasonable effort to provide a position
28 similar to that held with the commission.
29 (6) REASONABLE COSTS OF TRANSFER OF THE PENNSYLVANIA <--
30 PUBLIC UTILITY COMMISSION SHALL BE PAID BY THE FIRST CLASS
20040H2654B4249 - 75 -
1 CITY TAXICAB REGULATORY FUND.
2 (6) (7) Employees of the Philadelphia Parking Authority <--
3 who were employees of the Pennsylvania Public Utility
4 Commission immediately prior to becoming employees of the
5 Philadelphia Parking Authority and who have been continuously
6 employed by the Philadelphia Parking Authority since the time
7 of becoming an employee of the Philadelphia Parking Authority
8 shall not, after termination of service from the Philadelphia
9 Parking Authority, be considered to be State employees or
10 performing State service if subsequently reemployed as an
11 officer or employee of the Philadelphia Parking Authority.
12 Section 23. The following shall apply:
13 (1) A sum of $1,500,000 is hereby appropriated to the
14 authority PHILADELPHIA PARKING AUTHORITY from the First Class <--
15 City Taxicab Regulatory Fund under 66 Pa.C.S. Ch. 24
16 (relating to taxicabs in first class cities) for reasonable
17 costs of transfer, including reasonable costs of transfer
18 incurred prior to the effective date of this section. On
19 August 31, 2005, money not encumbered under this
20 appropriation shall lapse into the First Class City Taxicab <--
21 TAXICAB ACCOUNT OF THE PHILADELPHIA TAXICAB AND LIMOUSINE <--
22 Regulatory Fund. Additional reasonable costs of transfer
23 shall be paid by the fund upon completion of the transfer.
24 (2) A sum of not more than $2,000,000 is hereby
25 appropriated to the authority from the First Class City
26 Taxicab Regulatory Fund under 66 Pa.C.S. Ch. 24 for a
27 hospitality initiative making taxicab service within cities
28 of the first class more consumer friendly. On June DECEMBER <--
29 30, 2005, money not encumbered under this appropriation shall
30 lapse into the First Class City Taxicab TAXICAB ACCOUNT OF <--
20040H2654B4249 - 76 -
1 THE PHILADELPHIA TAXICAB AND LIMOUSINE Regulatory Fund
2 established by the addition of 53 Pa.C.S. Ch. 57.
3 Section 24. The Pennsylvania Public Utility Commission shall
4 transmit notice of the entry into the agreement under section
5 7(1) 22(4) of this act to the Legislative Reference Bureau for <--
6 publication in the Pennsylvania Bulletin.
7 Section 25. This act shall take effect as follows:
8 (1) The following provisions shall take effect <--
9 immediately:
10 (i) Section 1 of this act.
11 (ii) Section 2 of this act.
12 (iii) Section 3 of this act.
13 (iv) Section 4 of this act.
14 (v) Section 5 of this act.
15 (vi) The reenactment of 53 Pa.C.S. §§ 5510.1,
16 5510.2, 5510.3, 5510.4, 5510.5, 5510.6, 5510.8, 5510.9,
17 5510.10 and 5510.11.
18 (vii) Section 20 of this act.
19 (viii) Section 21 of this act.
20 (ix) Section 22 of this act.
21 (x) Section 25 of this act.
22 (xi) This section.
23 (2) (1) The following provisions shall take effect in
24 270 days or on the date of publication of the notice under
25 section 24 of this act, whichever is earlier:
26 (i) The addition of 53 Pa.C.S. Ch. 57.
27 (ii) Section 19 of this act.
28 (iii) Section 22(1), (2) and (3) 22(4.1) AND (7) of <--
29 this act.
30 (3) (2) The remainder of this act shall take effect <--
20040H2654B4249 - 77 -
1 immediately.
E26L53VDL/20040H2654B4249 - 78 -