PRINTER'S NO.  2559

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1914

Session of

2009

  

  

INTRODUCED BY COHEN, BELFANTI, JOSEPHS, McGEEHAN, MYERS, SIPTROTH AND YOUNGBLOOD, AUGUST 7, 2009

  

  

REFERRED TO COMMITTEE ON URBAN AFFAIRS, AUGUST 7, 2009  

  

  

  

AN ACT

  

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Amending Title 53 (Municipalities Generally) of the Pennsylvania

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Consolidated Statutes, in taxicabs and limousines in first

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class cities, further providing for definitions and for

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additional certificates and medallions; providing for

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wheelchair accessible service; and further providing for

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wages.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 5701 of Title 53 of the Pennsylvania

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Consolidated Statutes is amended by adding a definition to read:

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§ 5701.  Definitions.

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The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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* * *

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"Wheelchair accessible taxicab."  A taxicab which can

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accommodate at least one person in a wheelchair without the

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person having to transfer from the wheelchair to another seat

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and which meets requirements established by the Americans with

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Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327) or

 


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a functional equivalent taxicab approved by the authority.

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Section 2.  Section 5717 of Title 53 is amended to read:

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§ 5717.  Additional certificates and medallions.

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(a)  General rule.--Subject to the limits established in

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section 5711(c) (relating to power of authority to issue

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certificates of public convenience), the authority may increase

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the number of certificates and medallions if it finds a need for

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additional taxicab service in cities of the first class by

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issuing certificates and corresponding medallions to applicants

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on a first-come-first-served basis. Each applicant shall pay a

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fee in an amount equal to the reasonable market value of the

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medallions at the time of issuance as determined by the

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authority. The fee is payable prior to the time of issuance.

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(b)  Reasonable market value of medallions.--In determining

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the reasonable market value of a medallion, the authority shall

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consider the purchase price in medallion transactions over the

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prior year as reflected in authority records. The authority in

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its discretion may hold hearings to determine the reasonable

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market value of a medallion.

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(c)  Limitation on number of certificates and medallions.--In

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no case shall the number of citywide call or demand service

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taxicab certificates and medallions issued by the authority

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exceed 1,600 each, and of that amount, no fewer than 50 shall be

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designated for wheelchair accessible taxicabs.

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Section 3.  Title 53 is amended by adding a section to read:

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§ 5717.1.  Wheelchair accessible service.

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(a)  Issuance of certificates and medallions.-–

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(1)  The authority may by order or regulation provide for

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a lottery to award 50 medallions to certified drivers who:

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(i)  have been certified for at least one year and do

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not currently own a medallion; or

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(ii)  have not owned a medallion in the past year.

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(2)  The authority may not charge a lottery application

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fee of more than $25. The authority shall enable eligible

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certified drivers to apply for the lottery by the Internet.

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(3)  Winners of the lottery shall have 90 days to acquire

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and possess operational wheelchair accessible taxicabs. The

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medallions for wheelchair accessible taxicabs shall not be

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transferable.

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(4)  If the winners of the lottery have not acquired and

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possessed operational wheelchair accessible taxicabs within

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the 90-day period, the authority shall draw additional

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winners as necessary.

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(5)  (i)  The winner of a medallion under this section

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shall pay to the authority $150 for each week that the

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medallion is in use.

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(ii)  If a medallion winner fails for more than three

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weeks to make the payment to the authority, the authority

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shall reassign the medallion through a lottery.

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(6)  The authority shall establish a system to ensure

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that wheelchair accessible taxicabs shall be available

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throughout the city by rotating the ability to pick up

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passengers at an international airport located near the city.

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(7)  The authority, on a quarterly basis, shall transfer

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the fees paid under paragraph (5) to the city of the first

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class for the purpose of assisting the funding of police

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protection in the city of the first class.

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(b)  Contract service.–-

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(1)  The winner of a medallion under this section and

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that provides service in a wheelchair accessible taxicab

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shall be permitted to provide contract service, consistent

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with the Pennsylvania Public Utility Commission's rules and

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regulations.

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(2)  Notwithstanding the provisions of paragraph (1), the

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authority may limit the amount of contract service that may

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be provided by medallion holders using wheelchair accessible

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taxicabs if it finds that the contract service is impairing

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the taxicab industry's ability to provide common carrier

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taxicab service to people with disabilities. Such contract

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service may be provided under rates other than the approved

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rate for exclusive service that applies to the common carrier

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service provided by medallion taxicabs.

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(c)  Age restriction.–-The vehicle age restrictions specified

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in section 5714(a) (relating to certificate and medallion

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required) shall not apply to a wheelchair accessible taxicab if

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the wheelchair accessible vehicle meets all inspection

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requirements of this chapter and as established by the

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authority.

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Section 4.  Section 5720(a) of Title 53 is amended to read:

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§ 5720.  Wages.

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(a)  Minimum wage and benefits.--Each medallion holder shall

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pay at least a prevailing minimum wage rate or, in the

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alternative, charge at most a prevailing maximum lease amount to

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the drivers of its taxicab, as determined by the authority upon

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investigation. The minimum wage rate and the maximum lease

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amount, as established by the authority, may include employee

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benefits and shall include workers' compensation benefits.

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* * *

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Section 5.  This act shall take effect in 60 days.

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