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A08897
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2473
Session of
2018
INTRODUCED BY GODSHALL, DAY, DELOZIER, DeLUCA, HAHN, HELM,
KEEFER AND THOMAS, JUNE 7, 2018
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 20, 2018
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in taxicabs and limousines in first
class cities, establishing a Taxicab Medallion Account and
Limousine Account within the Philadelphia Taxicab and
Limousine Regulatory Fund; and further providing for budget
and assessments and for funds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5707(c)(2) and 5708 of Title 53 of the
Pennsylvania Consolidated Statutes are amended to read:
Section 1. Sections 5707(c)(2) of Title 53 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding a subsection to read:
§ 5707. Budget and assessments.
* * *
(c) Assessments.--
* * *
(2) The following relate to assessments for limousines:
(i) The limousine utility group shall be comprised
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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
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
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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 a city of
the first class or an airport located, in whole or in
part, within a city of the first class for the
provisioning of limousine service. Assessments may only
be made upon the rates collected for the provisioning of
limousine service within a city of the first class or an
airport located, in whole or in part, within a city of
the first class 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.
* * *
(e) Study.--The Legislative Budget and Finance Committee
shall conduct a study on the fiscal impact of the assessment
under subsection (c)(vi). The Legislative Budget and Finance
Committee shall report to the General Assembly by December 31,
2018. The Legislative Budget and Finance Committee shall
transmit notice of the report to the Legislative Reference
Bureau for publication in the Pennsylvania Bulletin.
Section 1.1. Section 5708 of Title 53 is amended to read:
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§ 5708. Funds.
(a) Regulatory Fund.--The Philadelphia Taxicab and Limousine
Regulatory Fund is established as a special fund in the State
Treasury. [A balance remaining in the regulatory fund and
previously held by the authority shall be transferred to the
special fund in the State Treasury upon the effective date of
section 5710 (relating to fees).] A Taxicab Medallion Account
and Limousine Account are established within the regulatory fund
and shall be kept separate and not commingled. The regulatory
fund shall be the primary operating fund of the authority for
the administration and enforcement of this chapter and Chapter
57B (relating to regulation of taxicabs and limousines in cities
of the first class) and shall be administered as follows:
(1) Except as provided in subsection (a.1), the
assessments, fees, penalties and other revenues, interest
earned by the regulatory fund, refunds and repayments related
to the administration and enforcement of this chapter and
Chapter 57B shall be deposited into EITHER THE TAXICAB
MEDALLION ACCOUNT OR LIMOUSINE ACCOUNT ESTABLISHED WITHIN the
regulatory fund.
(2) Money deposited in the regulatory fund is reserved
for the use of the authority and shall be transferred in
equal amounts each month by the State Treasurer to the
authority for the purposes of administering and enforcing
this chapter and Chapter 57B.
(3) Upon the effective date of this paragraph, the money
in the regulatory fund shall be held and maintained as
provided in paragraph (2).
(a.1) Taxicab Medallion [Fund] Account.--[The Philadelphia
Taxicab Medallion Fund is established as a special fund in the
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State Treasury.
(1)] The consideration, revenue, fees, interest earned
by the taxicab medallion [fund] account, refunds, repayments
and other deposits related to the sale of medallions as
provided in section 5717(b) (relating to additional
certificates and medallions), shall be deposited into the
medallion [fund] account.
[(2) Money deposited in the medallion fund is reserved
for the use of the authority and shall be transferred in
equal amounts each month by the State Treasurer to the
authority solely for the purposes of administering and
enforcing taxicab regulation under this chapter.]
(b) [(Reserved).] Use of funds.--The following apply:
(1) Except as provided under subsection (c), money
deposited in the Taxicab Medallion Account is appropriated
for the purposes specified under this chapter only as it
relates to the regulation of taxicab medallions and shall not
be used for the regulation of limousines or transportation
network companies established under Chapter 57A (relating to
transportation network companies) or for any purpose not
specified under this chapter.
(2) Except as provided under subsection (c), money
deposited in the Limousine Account is appropriated for the
purposes specified under this chapter only as it relates to
the regulation of limousines and shall not be used for the
regulation of taxicab medallions or transportation network
companies established under Chapter 57A or for any purpose
not specified under this chapter.
(c) [(Reserved).] Shared regulatory expenses.--Expenses from
the Philadelphia Taxicab and Limousine Regulatory Fund that are
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not exclusively related to taxicab medallions or limousines
shall be divided as follows:
(1) Expenses incurred by the authority for the
regulation of taxicab medallions and limousines that are not
exclusively related to either taxicab medallions or
limousines shall be allocated to the Taxicab Medallion
Account and the Limousine Account based upon the proportion
to which the gross operating revenue of taxicab medallions
and the applicable gross operating revenue of limousines bear
to the total gross operating revenues for the fiscal year .
(2) If the relative share of the expenses under
paragraph (1) cannot be determined, the expenses shall be
shared equally between the Taxicab Medallion Account and the
Limousine Account.
(c.1) Audit.--The authority shall have at least one annual
examination of its books, accounts and records related to each
of the funds established by this section by [a] an independent
third party certified public accountant.
(c.2) Auditor General duties.--The following apply:
(1) Within 30 days of the effective date of this
subsection, the Department of the Auditor General shall
investigate and audit the authority's use of the Philadelphia
Taxicab and Limousine Regulatory Fund and the assessment
formulas, processes and procedures imposed by the authority
for fiscal years ending June 30, 2015, June 30, 2016, and
June 30, 2017, to determine whether:
(i) The regulatory fund was used solely for the
regulation of taxicab medallions and limousines under
this chapter.
(ii) Expenses from the regulatory fund were used by
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the authority to regulate transportation network
companies operating within a city of the first class or
an airport located, in whole or in part, within a city
of the first class before and after the effective date of
the amendatory act of November 4, 2016 (P.L.1222,
No.164).
(iii) Expenses or transfers from the regulatory fund
were made by the authority for unrelated purposes and the
amount or extent of the expenses or transfers.
(iv) Increased assessments imposed on taxicab
medallion owners and limousine operators were just and
reasonable.
(v) Increased assessments and fees imposed on
taxicab medallion owners and limousine operators were
utilized by the authority to pay operational or
administrative expenses unrelated to the regulation of
taxicab medallions and limousines.
(vi) Increased assessments imposed on taxicab
medallion owners and limousine operators were used for
pay raises, bonuses, fringe benefits or lobbying services
authroized AUTHOR IZED by the authority and the amount or
extent of the pay raises, bonuses, fringe benefits or
lobbying services.
(vii) The authority's statutory authorization to
regulate limousines within a city of the first class or
an airport located, in whole or in part, within a city of
the first class should be transferred to the Pennsylvania
Public Utility Commission and if so, the estimated costs
associated with the transfer.
(2) The Auditor General shall issue its findings under
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paragraph (1) in a report to the chair of the Consumer
Protection and Professional Licensure Committee of the Senate
and the chair of the Consumer Affairs Committee of the House
of Representatives within 180 days of the effective date of
this subsection.
(d) (Reserved).
(e) (Reserved).
(f) (Reserved).
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. §§ 5707(c)(2) and
5708. 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
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 in 60 days upon
publication of the notice under 53 Pa.C.S. § 5707(e).
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