PRINTER'S NO. 2833
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1977
Session of
2017
INTRODUCED BY MICCARELLI, DONATUCCI, WATSON, GODSHALL, DELOZIER,
DAY, BRIGGS, MOUL AND HAHN, DECEMBER 19, 2017
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 19, 2017
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in taxicabs and limousines in first
class cities, further providing for budget and assessments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5707(c)(2) of Title 53 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 5707. Budget and assessments.
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(c) Assessments.--
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(2) The following relate to assessments for limousines:
(i) The limousine utility group shall be comprised
of each limousine service authorized by the authority
pursuant to section 5741(a) (relating to certificate of
public convenience required). Vehicles approved by the
authority to provide limousine service pursuant to
section 5741(a.3)(2) shall not be considered part of the
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limousine utility group for assessment purposes but may
be required to pay fees as provided in section 5710.
[(ii) On or before March 31 of each year, each
limousine service owner shall file with the authority a
statement under oath estimating the number of limousines
it estimates to have in service in the next fiscal year.
(iii) The portion of the total assessment allocated
to the limousine utility group shall be divided by the
number of limousines estimated by the authority to be in
service during the next fiscal year, and the quotient
shall be the limousine assessment. The limousine
assessment shall be applied to each limousine in the
limousine utility group and shall be paid by the owner of
each limousine on that basis.
(iv) The authority may not make an additional
assessment against a vehicle substituted for another
already in limousine service during the fiscal year and
already subject to assessment as provided in subparagraph
(iii). The authority may, by order or regulation, provide
for reduced assessments for limousines first entering
service after the initiation of the fiscal year.
(v) The limousine assessment for fiscal years ending
June 30, 2013, and June 30, 2014, shall be $350. By order
or regulation, the authority may discount the limousine
assessment for each limousine service owner operating 16
or more limousines authorized by the authority.]
(vi) For fiscal year 2018 and each fiscal year
thereafter, annual assessments issued by the authority to
limousine owners shall not exceed 1% of the annual gross
revenue of a limousine owner generated within the City of
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Philadelphia and the Philadelphia International Airport
for the provisioning of limousine service. Assessments
may only be made upon the rates collected for the
provisioning of limousine service in the City of
Philadelphia and the Philadelphia International Airport
and may not include tips or tolls.
(vii) Assessments may be payable to the authority in
a lump sum or on a quarterly basis. The first quarter
shall begin on July 1 and end on September 30. The second
quarter shall begin on October 1 and end on December 31.
The third quarter shall begin on January 1 and end on
March 31. The fourth quarter shall begin on April 1 and
end on June 30. The assessment payment shall be due
within 30 days after service of the notice of assessment
from the authority.
* * *
Section 2. The following apply:
(1) The authority shall, within 30 days of the effective
date of this section, promulgate temporary regulations to
effectuate the amendment of 53 Pa.C.S. § 5701(c)(2). The
temporary regulations shall not be subject to the following:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(2) The temporary regulations shall expire upon the
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promulgation of final-form regulations or two years following
the effective date of this section, whichever is later.
Section 3. This act shall take effect immediately.
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