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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY COHEN, BELFANTI, JOSEPHS, McGEEHAN, MYERS, SIPTROTH AND YOUNGBLOOD, AUGUST 7, 2009 |
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| REFERRED TO COMMITTEE ON URBAN AFFAIRS, AUGUST 7, 2009 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, in taxicabs and limousines in first |
3 | class cities, further providing for definitions and for |
4 | additional certificates and medallions; providing for |
5 | wheelchair accessible service; and further providing for |
6 | wages. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 5701 of Title 53 of the Pennsylvania |
10 | Consolidated Statutes is amended by adding a definition to read: |
11 | § 5701. Definitions. |
12 | The following words and phrases when used in this chapter |
13 | shall have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | * * * |
16 | "Wheelchair accessible taxicab." A taxicab which can |
17 | accommodate at least one person in a wheelchair without the |
18 | person having to transfer from the wheelchair to another seat |
19 | and which meets requirements established by the Americans with |
20 | Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or |
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1 | a functional equivalent taxicab approved by the authority. |
2 | Section 2. Section 5717 of Title 53 is amended to read: |
3 | § 5717. Additional certificates and medallions. |
4 | (a) General rule.--Subject to the limits established in |
5 | section 5711(c) (relating to power of authority to issue |
6 | certificates of public convenience), the authority may increase |
7 | the number of certificates and medallions if it finds a need for |
8 | additional taxicab service in cities of the first class by |
9 | issuing certificates and corresponding medallions to applicants |
10 | on a first-come-first-served basis. Each applicant shall pay a |
11 | fee in an amount equal to the reasonable market value of the |
12 | medallions at the time of issuance as determined by the |
13 | authority. The fee is payable prior to the time of issuance. |
14 | (b) Reasonable market value of medallions.--In determining |
15 | the reasonable market value of a medallion, the authority shall |
16 | consider the purchase price in medallion transactions over the |
17 | prior year as reflected in authority records. The authority in |
18 | its discretion may hold hearings to determine the reasonable |
19 | market value of a medallion. |
20 | (c) Limitation on number of certificates and medallions.--In |
21 | no case shall the number of citywide call or demand service |
22 | taxicab certificates and medallions issued by the authority |
23 | exceed 1,600 each, and of that amount, no fewer than 50 shall be |
24 | designated for wheelchair accessible taxicabs. |
25 | Section 3. Title 53 is amended by adding a section to read: |
26 | § 5717.1. Wheelchair accessible service. |
27 | (a) Issuance of certificates and medallions.-– |
28 | (1) The authority may by order or regulation provide for |
29 | a lottery to award 50 medallions to certified drivers who: |
30 | (i) have been certified for at least one year and do |
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1 | not currently own a medallion; or |
2 | (ii) have not owned a medallion in the past year. |
3 | (2) The authority may not charge a lottery application |
4 | fee of more than $25. The authority shall enable eligible |
5 | certified drivers to apply for the lottery by the Internet. |
6 | (3) Winners of the lottery shall have 90 days to acquire |
7 | and possess operational wheelchair accessible taxicabs. The |
8 | medallions for wheelchair accessible taxicabs shall not be |
9 | transferable. |
10 | (4) If the winners of the lottery have not acquired and |
11 | possessed operational wheelchair accessible taxicabs within |
12 | the 90-day period, the authority shall draw additional |
13 | winners as necessary. |
14 | (5) (i) The winner of a medallion under this section |
15 | shall pay to the authority $150 for each week that the |
16 | medallion is in use. |
17 | (ii) If a medallion winner fails for more than three |
18 | weeks to make the payment to the authority, the authority |
19 | shall reassign the medallion through a lottery. |
20 | (6) The authority shall establish a system to ensure |
21 | that wheelchair accessible taxicabs shall be available |
22 | throughout the city by rotating the ability to pick up |
23 | passengers at an international airport located near the city. |
24 | (7) The authority, on a quarterly basis, shall transfer |
25 | the fees paid under paragraph (5) to the city of the first |
26 | class for the purpose of assisting the funding of police |
27 | protection in the city of the first class. |
28 | (b) Contract service.–- |
29 | (1) The winner of a medallion under this section and |
30 | that provides service in a wheelchair accessible taxicab |
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1 | shall be permitted to provide contract service, consistent |
2 | with the Pennsylvania Public Utility Commission's rules and |
3 | regulations. |
4 | (2) Notwithstanding the provisions of paragraph (1), the |
5 | authority may limit the amount of contract service that may |
6 | be provided by medallion holders using wheelchair accessible |
7 | taxicabs if it finds that the contract service is impairing |
8 | the taxicab industry's ability to provide common carrier |
9 | taxicab service to people with disabilities. Such contract |
10 | service may be provided under rates other than the approved |
11 | rate for exclusive service that applies to the common carrier |
12 | service provided by medallion taxicabs. |
13 | (c) Age restriction.–-The vehicle age restrictions specified |
14 | in section 5714(a) (relating to certificate and medallion |
15 | required) shall not apply to a wheelchair accessible taxicab if |
16 | the wheelchair accessible vehicle meets all inspection |
17 | requirements of this chapter and as established by the |
18 | authority. |
19 | Section 4. Section 5720(a) of Title 53 is amended to read: |
20 | § 5720. Wages. |
21 | (a) Minimum wage and benefits.--Each medallion holder shall |
22 | pay at least a prevailing minimum wage rate or, in the |
23 | alternative, charge at most a prevailing maximum lease amount to |
24 | the drivers of its taxicab, as determined by the authority upon |
25 | investigation. The minimum wage rate and the maximum lease |
26 | amount, as established by the authority, may include employee |
27 | benefits and shall include workers' compensation benefits. |
28 | * * * |
29 | Section 5. This act shall take effect in 60 days. |
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