PRINTER'S NO. 381
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
375
Session of
2017
INTRODUCED BY COSTA, FONTANA, VULAKOVICH, SCHWANK AND HUGHES,
FEBRUARY 15, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 15, 2017
AN ACT
Amending Titles 53 (Municipalities Generally) and 66 (Public
Utilities) of the Pennsylvania Consolidated Statutes, in
transportation network companies, further providing for
insurance requirements; in transportation network service,
further providing for service standards, providing for gross
receipts annual assessment, establishing the Second Class
City Transportation Capital Improvement Fund, providing for
additional gross receipts annual assessment and further
providing for fines and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 57A07(m)(2) of Title 53 of the
Pennsylvania Consolidated Statutes, added November 4, 2016
(P.L.1222, No.164), is amended to read:
§ 57A07. Insurance requirements.
* * *
(m) Waiver of liability.--The following shall apply:
* * *
(2) A transportation network company may not request or
require a transportation network company driver to sign a
waiver of potential liability for a loss of personal property
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or injury [as a condition of entering into a lease
agreement].
* * *
Section 2. Section 2604.3(b) introductory paragraph, (1) and
(5) of Title 66, added November 4, 2016 (P.L.1222, No.164), are
amended and the section is amended by adding a subsection to
read:
§ 2604.3. Service Standards.
* * *
(b) [Disabled Individuals.--Each licensed transportation
network company must:] Individuals with disabilities.--
(1) [Adopt] A transportation network company shall adopt
a policy of nondiscrimination regarding individuals with
disabilities in accordance with this subsection. The
following information shall be provided on the transportation
network company's publicly accessible Internet website:
(i) Notice of the nondiscrimination policy.
(ii) Procedures to report a complaint to the
commission about a transportation network company
driver's alleged violation of this subsection.
* * *
(5) A transportation network company shall, in an area
where wheelchair-accessible service is available, provide
passengers with disabilities requiring the use of mobility
equipment an opportunity to indicate on its digital network
whether they require a wheelchair-accessible vehicle. A
transportation network company or an affiliated entity must[,
if wheelchair-accessible service is available,] facilitate
transportation service for passengers who require a
wheelchair-accessible vehicle by doing one of the following:
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(i) connecting the passenger to an available
transportation network company driver or other driver
operating a wheelchair-accessible vehicle; or
(ii) if connection under subparagraph (i) is not
available, directing the passenger to an alternative
provider with the legal authority and ability to dispatch
a wheelchair-accessible vehicle to the passenger.
(c) Nondiscrimination in transportation.--A transportation
network company:
(1) Shall adopt a policy prohibiting discrimination
against drivers or passengers based on race, color, familial
status, religious creed, ancestry, age, national origin, sex,
sexual orientation or gender identity or expression. Such
discrimination includes, but is not limited to, refusing to
provide or accept services based on any of these
characteristics. The transportation network company shall
provide the following information on its publicly accessible
Internet website:
(i) Notice of the nondiscrimination policy.
(ii) Procedures to report a complaint to the
commission about a transportation network company or
transportation network company driver's alleged violation
of this subsection.
(2) May not provide a prospective passenger's or
passenger's name or photograph to its transportation network
company driver while the prospective passenger is logged on
to the digital network or engaged in a prearranged ride.
Section 3. Title 66 is amended by adding sections to read:
§ 2608.1. Gross receipts annual assessment.
(a) Imposition of assessment.--
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(1) A transportation network company shall pay to the
commission an amount equal to 1% of the gross receipts from
fares collected for all prearranged rides that originated in
a city of the second class. The amount assessed shall be
remitted on a quarterly basis and deposited into the fund
established under subsection (b).
(2) The assessment provided for under this subsection
may only be made upon the fare collected and may not include
any other payment for prearranged rides charged to recoup
costs, such as toll, airport entry fees or assessments not
provided for in this section.
(3) Gross receipts from fares may not be reduced by any
income or sales tax, payment processing fee, interest or
transmission fee.
(b) Second Class City Transportation Capital Improvement
Fund.--The Second Class City Transportation Capital Improvement
Fund is established in the State Treasury. The fund shall hold
money deposited in the State Treasury as provided under this
subsection. The State Treasurer shall transfer all of the money
in the fund to the city of the second class from which the money
is received within 30 days of receipt of the funds.
(c) Nondisclosure.--Any information disclosed to the
commission, the State Treasurer or any other individual or
entity under this section, including any information related to
the amounts paid under subsection (a), shall be confidential and
not subject to disclosure to a third party, including through a
request submitted under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
§ 2608.2. Additional gross receipts annual assessment.
(a) Imposition of additional assessment.--
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(1) A transportation network company shall pay to the
commission an amount equal to 1% of the gross receipts from
fares collected for all prearranged rides that originated
within this Commonwealth, except for rides that originated in
a city of the first class or a city of the second class. The
amount assessed shall be remitted on a quarterly basis and
transferred as required under subsection (b).
(2) The assessment provided for under this subsection
may only be made upon the fare collected and may not include
any other payment for prearranged rides charged to recoup
costs, including tolls, airport entry fees or assessments not
provided for in this section.
(3) Gross receipts from fares may not be reduced by any
income or sales tax, payment processing fee, interest or
transmission fee.
(b) Transfer to Multimodal Transportation Fund.--The
commission shall transfer the money collected under subsection
(a) to the Commonwealth Financing Authority for deposit into the
Multimodal Transportation Fund and shall be used for eligible
programs as provided for under 74 Pa.C.S. § 2104(a)(4) (relating
to use of money in fund), except that no money may be used to
fund projects in a city of the first class or a city of the
second class.
(c) Nondisclosure.--Any information disclosed to the
commission, the State Treasurer or any other individual or
entity under this section, including any information related to
the amounts paid under subsection (a), shall be confidential and
not subject to disclosure to a third party, including through a
request submitted under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
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Section 4. Section 2609(b) of Title 66, added November 4,
2016 (P.L.1222, No.164), is repealed:
§ 2609. Fines and penalties.
* * *
[(b) Violations for operation without commission
authority.--A person or entity which, as determined by the
commission, operated as a transportation network company prior
to the effective date of this section without proper authority
from the commission shall be subject to a penalty not to exceed
$1,000 per day or a maximum penalty not to exceed $250,000,
notwithstanding the number of violations that occurred during
the period in which the person or entity operated without
authority.]
* * *
Section 5. This act shall take effect immediately.
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