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PRINTER'S NO. 2067
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1731
Session of
2023
INTRODUCED BY CABELL, ROWE, HAMM, BERNSTINE AND MOUL,
OCTOBER 2, 2023
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, OCTOBER 2, 2023
AN ACT
Amending Titles 53 (Municipalities Generally), 66 (Public
Utilities), 74 (Transportation) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, in taxicabs and
limousines in first class cities, providing for medical
discrimination prohibited; in transportation network
companies, further providing for transportation network
service accessibility; in service and facilities, further
providing for discrimination in service; in transportation
network service, further providing for service standards; in
sustainable mobility options, further providing for
definitions and providing for medical discrimination
prohibited; and, in miscellaneous provisions relating to
operation of vehicles, providing for student medical
discrimination prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 5723.1. Medical discrimination prohibited.
(a) General rule.--A person operating a taxicab service may
not require a passenger to do any of the following in order to
receive taxicab service:
(1) Provide documentation regarding the passenger's
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COVID-19 vaccination status.
(2) Answer questions regarding the passenger's COVID-19
vaccination status.
(3) Wear or remove a face mask.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COVID-19." The novel coronavirus identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"COVID-19 vaccination." A vaccination for COVID-19 that has
received an emergency use authorization or approval from the
United States Food and Drug Administration.
§ 5743.1. Medical discrimination prohibited.
(a) General rule.--A person operating a limousine service
may not require a passenger to do any of the following in order
to receive limousine service:
(1) Provide documentation regarding the passenger's
COVID-19 vaccination status.
(2) Answer questions regarding the passenger's COVID-19
vaccination status.
(3) Wear or remove a face mask.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COVID-19." The novel coronavirus identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"COVID-19 vaccination." A vaccination for COVID-19 that has
received an emergency use authorization or approval from the
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United States Food and Drug Administration.
Section 2. Section 57A11 of Title 53 is amended by adding
subsections to read:
§ 57A11. Transportation network service accessibility.
* * *
(d) Medical discrimination prohibited.--A transportation
network company or driver may not require a passenger to do any
of the following in order to receive transportation network
service from the transportation network company or driver:
(1) Provide documentation regarding the passenger's
COVID-19 vaccination status.
(2) Answer questions regarding the passenger's COVID-19
vaccination status.
(3) Wear or remove a face mask.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COVID-19." The novel coronavirus identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"COVID-19 vaccination." A vaccination for COVID-19 that has
received an emergency use authorization or approval from the
United States Food and Drug Administration.
Section 3. Section 1502 of Title 66 is amended to read:
§ 1502. Discrimination in service.
(a) General rule.--No public utility shall, as to service,
make or grant any unreasonable preference or advantage to any
person, corporation, or municipal corporation, or subject any
person, corporation, or municipal corporation to any
unreasonable prejudice or disadvantage. No public utility shall
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establish or maintain any unreasonable difference as to service,
either as between localities or as between classes of service,
but this section does not prohibit the establishment of
reasonable classifications of service.
(b) Medical discrimination prohibited.--No motor carrier
engaged in the transportation of passengers or a dual motor
carrier may require a passenger to do any of the following in
order to receive passenger transportation service from the motor
carrier or dual motor carrier:
(1) Provide documentation regarding the passenger's
COVID-19 vaccination status.
(2) Answer questions regarding the passenger's COVID-19
vaccination status.
(3) Wear or remove a face mask.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COVID-19." The novel coronavirus identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"COVID-19 vaccination." A vaccination for COVID-19 that has
received an emergency use authorization or approval from the
United States Food and Drug Administration.
Section 4. Section 2604.3 of Title 66 is amended by adding
subsections to read:
§ 2604.3. Service standards.
* * *
(c) Medical discrimination prohibited.--A transportation
network company or driver may not require a passenger to do any
of the following in order to receive transportation network
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service from the transportation network company or driver:
(1) Provide documentation regarding the passenger's
COVID-19 vaccination status.
(2) Answer questions regarding the passenger's COVID-19
vaccination status.
(3) Wear or remove a face mask.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COVID-19." The novel coronavirus identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"COVID-19 vaccination." A vaccination for COVID-19 that has
received an emergency use authorization or approval from the
United States Food and Drug Administration.
Section 5. Section 1503 of Title 74 is amended by adding
definitions to read:
§ 1503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"COVID-19." The novel coronavirus identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"COVID-19 vaccination." A vaccination for COVID-19 that has
received an emergency use authorization or approval from the
United States Food and Drug Administration.
* * *
Section 6. Title 74 is amended by adding a section to read:
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§ 1521. Medical discrimination prohibited.
(a) General rule.--A person providing community
transportation service or shared ride service or a local
transportation organization may not require a passenger to do
any of the following in order to receive transportation
services:
(1) Provide documentation regarding the passenger's
COVID-19 vaccination status.
(2) Answer questions regarding the passenger's COVID-19
vaccination status.
(3) Wear or remove a face mask.
(b) Penalty.--
(1) The department shall withhold financial assistance
to a person providing community transportation service or
shared ride service or a local transportation organization
determined by the department to be in violation of subsection
(a).
(2) The department may only withhold financial
assistance for the time period in which the person providing
community transportation service or shared ride service or a
local transportation organization has or enforces a policy in
violation of subsection (a).
(3) If the department withholds financial assistance
under paragraph (1), the person providing community
transportation service or shared ride service or a local
transportation organization shall be eligible for financial
assistance upon certification to the department that the
person is in compliance with this section. Upon receipt of
the certification, the department shall provide to the person
or local transportation organization any financial assistance
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the person or local transportation organization would have
been otherwise eligible for during the time period in which
financial assistance was withheld under paragraph (1).
(4) The department may not withhold Federal funds under
paragraph (1).
Section 7. Title 75 is amended by adding a section to read:
§ 3724. Student medical discrimination prohibited.
(a) General rule.--A school district or a person contracted
with the school district may not require a student, or a parent
or legal guardian of the student, to do any of the following in
order to receive transportation on a school bus or school
vehicle:
(1) Provide documentation regarding the student's COVID-
19 vaccination status.
(2) Answer questions regarding the student's COVID-19
vaccination status.
(3) Wear or remove a face mask.
(b) Violation.--A violation of subsection (a) shall not be
considered a criminal offense and shall only be subject to the
penalty under subsection (c).
(c) Penalty.--Notwithstanding any other provision of law:
(1) The department shall withhold transportation funds
to a school district determined by the department to be in
violation of subsection (a).
(2) The department shall only withhold transportation
funds for the time period in which the school district or
contractor of the school district has or enforces a policy in
violation of subsection (a).
(3) If the department withholds transportation funds
under paragraph (1), the school district shall be eligible
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for transportation funds upon certification to the department
that the school district is in compliance with this section.
Upon receipt of the certification, the department shall
provide to the school district or contractor any
transportation funds that the school district or contractor
would have been otherwise eligible for during the time period
in which the transportation funds were withheld under
paragraph (1).
(4) The department may not withhold Federal funds under
paragraph (1).
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COVID-19." The novel coronavirus identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"COVID-19 vaccination." A vaccination for COVID-19 that has
received an emergency use authorization or approval from the
United States Food and Drug Administration.
"Department." The Department of Education of the
Commonwealth.
"Transportation funds." Any money allocated to the
department for distribution to school districts or contractors
of school districts for the purpose of student transportation.
Section 8. This act shall take effect in 60 days.
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