Amendment 4486 to Senate Bill 984 P.N. 1374, Regular Session 2015-2016

S0984B1374A04486 MSP:CMD 11/23/15 #90 A04486

AMENDMENTS TO SENATE BILL NO. 984

Sponsor: SENATOR BARTOLOTTA

Printer's No. 1374

Amend Bill, page 1, line 4, by inserting after "definitions"

and for certificate of public convenience required

Amend Bill, page 3, by inserting between lines 6 and 7

Section 1.1. Section 5741(c) of Title 53 is amended to read:

§ 5741. Certificate of public convenience required.

* * *

(1) Certificates issued pursuant to this subchapter

shall be nontransferable unless a transfer is approved by the

authority.

(2) A limousine service provider operating pursuant to

an authority-issued certificate of public convenience and a

filed tariff permitting the limousine service provider to

charge mileage-based rates on the effective date of this

paragraph shall be permitted to continue to charge mileage-

based rates and to be regulated in the same manner as

traditional limousine service providers.

* * *

Amend Bill, page 4, line 22, by striking out "AND" and

inserting

Amend Bill, page 4, line 25, by striking out the period after

"COMMISSION" and inserting

operating in this Commonwealth. The term includes a common

carrier, common carrier by motor vehicle or motor carrier, that

uses a digital network to facilitate prearranged rides.

Amend Bill, page 4, lines 26 through 30; page 5, line 1; by

striking out all of said lines on said pages

Amend Bill, page 5, lines 8 through 12, by striking out all

of said lines and inserting

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"Personal vehicle." As follows:

(1) A vehicle that is used by a transportation network

company driver and is owned, leased or otherwise authorized

for use by the transportation network company driver.

(2) The term does not include:

Amend Bill, page 5, lines 17 through 20, by striking out ",

EXCEPT A CALL AND DEMAND" in line 17, all of lines 18 and 19 and

"26 (RELATING TO TRANSPORTATION NETWORK SERVICE)" in line 20

Amend Bill, page 6, line 1, by striking out "driver to a

passenger, beginning when a driver" and inserting

transportation network company driver to a passenger,

beginning when a transportation network company driver

Amend Bill, page 6, line 3, by striking out "a requesting"

and inserting

the

Amend Bill, page 6, line 4, by striking out "requesting"

Amend Bill, page 6, lines 8 through 10, by striking out

"UNLESS THE SERVICE IS PROVIDED" in line 8, all of line 9 and

"COMMISSION" in line 10

Amend Bill, page 6, line 12, by inserting after "carrier"

, unless the service is provided by a dual motor carrier

Amend Bill, page 6, lines 19 through 27, by striking out all

of said lines and inserting

"Transportation network company." As follows:

(1) A person that meets all of the following:

(i) Is licensed by the commission.

(ii) Operates in this Commonwealth.

(iii) Uses a digital network to facilitate

prearranged rides.

(iv) If rides are initiated in a city of the first

class, obtains a certificate to operate from the parking

authority of the city of the first class.

(2) Dual motor carriers licensed by the commission under

section 2604 (relating to service standards and requirements)

that use a digital network to facilitate prearranged rides.

Amend Bill, page 6, line 30, by inserting after "company"

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, including a dual motor carrier licensed by the

commission,

Amend Bill, page 7, lines 15 and 16, by striking out "the

service being provided" and inserting

a prearranged ride

Amend Bill, page 8, line 3, by striking out "passenger motor

carrier services" and inserting

a prearranged ride

Amend Bill, page 10, line 3, by striking out all of said line

Amend Bill, page 12, lines 9 through 16, by striking out all

of said lines

Amend Bill, page 12, line 25, by striking out "Service

standards and requirements" and inserting

Licenses, certificates and regulations

Amend Bill, page 13, by inserting between lines 11 and 12

"Authority." A parking authority of a city of the first

class.

Amend Bill, page 13, line 26, by inserting after "sources.--A

transportation network company may not be considered a

Amend Bill, page 14, line 7, by inserting after "provided"

under this chapter

Amend Bill, page 14, line 20, by striking out "special"

Amend Bill, page 14, line 27, by striking out "special"

Amend Bill, page 15, line 30, by striking out "PASSENGERS

AND"

Amend Bill, page 16, line 29, by striking out "INSURANCE" and

inserting

Notwithstanding paragraphs (1), (2) and (3), insurance

Amend Bill, page 17, line 1, by striking out "RATES" and

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inserting

insurance coverage

Amend Bill, page 17, line 1, by striking out "RATE" and

inserting

insurance coverage

Amend Bill, page 17, lines 16 and 17, by striking out "under

paragraphs (2), (3), (4) and (5) THIS SECTION " and inserting

by a transportation network company under paragraph (4)

Amend Bill, page 17, line 22, by striking out "may" and

inserting

shall

Amend Bill, page 18, line 19, by inserting after "COMPANY"

driver

Amend Bill, page 20, line 26, by striking out "AS A CONDITION

OF ENTERING INTO A LEASE AGREEMENT"

Amend Bill, page 22, line 10, by striking out "Service

standards and requirements" and inserting

Licenses, certificates and regulations

Amend Bill, page 25, line 7, by inserting after "Current "

records of adequate

Amend Bill, page 25, line 8, by striking out "information"

Amend Bill, page 25, lines 11 and 12, by striking out

"Vehicle registration and proof of vehicle" in line 11 and all

of line 12 and inserting

Valid driver's license and vehicle registration and

proof of vehicle inspections.

Amend Bill, page 27, lines 18 through 20, by striking out

"The Department of Transportation" in line 18 and all of lines

19 and 20

Amend Bill, page 27, line 21, by striking out "a" and

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inserting

and provide

Amend Bill, page 27, line 21, by inserting after "program"

materials

Amend Bill, page 27, line 23, by striking out "program" and

inserting

materials

Amend Bill, page 27, line 23, by striking out "administered"

and inserting

provided

Amend Bill, page 27, line 26, by striking out "platform" and

inserting

digital network

Amend Bill, page 28, line 25, by striking out "anticipates

offering" and inserting

is logged onto the digital network

Amend Bill, page 29, line 10, by inserting after "General.--

Where "

transportation network

Amend Bill, page 29, line 26, by inserting after "THE"

commission or

Amend Bill, page 30, line 25, by striking out "and" and

inserting

Amend Bill, page 30, line 28, by striking out "and" and

inserting

Amend Bill, page 31, line 3, by inserting after "lien"

or lease

Amend Bill, page 31, line 3, by inserting after "lienholder"

or lessor

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Amend Bill, page 31, line 4, by inserting after "lien"

or lease

Amend Bill, page 31, line 5, by striking out "REQUIRE" and

inserting

notify

Amend Bill, page 31, line 8, by striking out "AN AFFIDAVIT"

and inserting

a signed document

Amend Bill, page 31, line 10, by inserting after "LIENHOLDER"

or lessor

Amend Bill, page 31, line 10, by striking out "AFFIDAVIT" and

inserting

document

Amend Bill, page 32, line 18, by striking out "and"

Amend Bill, page 32, line 20, by striking out the period

after "2603.1" and inserting

; and

(D) the holder of the insurance policy covering

the automobile if the driver is not the holder of the

policy.

Amend Bill, page 32, line 23, by striking out "2604.1(b)(6)

or (7)" and inserting

2604.1(b)(5) or (6)

Amend Bill, page 33, line 2, by striking out "anticipates

offering" and inserting

is logged onto the digital network

Amend Bill, page 33, line 3, by inserting after "chapter."

Placards or other markings must be clearly

distinguishable and clearly visible from the outside of the

vehicle.

Amend Bill, page 33, line 8, by inserting after "vehicle"

and has received notification of all requirements

under section 2603.2 (relating to disclosures)

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Amend Bill, page 33, line 10, by inserting after "company"

or policyholder

Amend Bill, page 33, line 21, by inserting after "driver's"

electronic or written

Amend Bill, page 33, line 23, by striking out "Vehicles" and

inserting

Personal vehicles

Amend Bill, page 33, line 24, by striking out "company" where

it occurs the second time

Amend Bill, page 34, lines 10 through 13, by striking out

"commission's regulations or orders when providing" in line 10

and all of lines 11 through 13 and inserting

commission under section 2605(b)(8) (relating to

transportation network company drivers).

Amend Bill, page 34, lines 22 through 24, by striking out all

of said lines and inserting

inspection must be conducted by a facility approved by

the Department of Transportation.

Amend Bill, page 36, line 16, by inserting after "company "

or a transportation network company driver

Amend Bill, page 37, lines 14 through 21, by striking out all

of said lines and inserting

(b) Disqualification.--

(1) The commission may issue an order to a

transportation network company requiring disqualification of

a driver from being a transportation network company driver

if:

(i) during any three-year period the driver commits

five or more violations under this title; or

(ii) at any time after the date of enactment of this

act, the driver is convicted of any criminal offense

described under section 2604.1(b)(5) (relating to

licensure requirements).

(2) A commission directive to the transportation network

company to disqualify a driver from being a transportation

network company driver may occur only after the filing and

adjudication of a formal complaint pursuant to Chapter 7

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(relating to procedure on complaints) and 52 Pa. Code Ch. 5

(relating to formal proceedings), by which the transportation

network company shall be afforded full due process, including

notice and opportunity to be heard.

(3) The commission may adopt regulations to allow for

the reinstatement of a driver following an appropriate

disqualification period and compliance with any conditions

imposed by the commission.

Amend Bill, page 38, line 7, by striking out "amounts" and

inserting

gross receipts

Amend Bill, page 40, lines 24 and 25, by striking out "actual

amount" and inserting

gross receipts from all fares

Amend Bill, page 41, lines 1 through 4, by striking out

"Revenues of the transportation network company FOR " in line 1

and all of lines 2 through 4

Amend Bill, page 41, line 10, by striking out ", and every

March 30 quadrennially thereafter." and inserting

. Information reported shall not be subject to the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Amend Bill, page 42, lines 22 through 30; page 43, lines 1

through 3; by striking out all of said lines on said pages and

inserting

(3) The following shall apply:

(i) The authority may issue an order to a

transportation network company requiring disqualification

of a driver from being a transportation network company

driver if:

(A) during any three-year period the driver

commits five or more violations under this title; or

(B) at any time after the effective date of this

act, the driver is convicted of a criminal offense

described under section 2604.1(b)(5) (relating to

licensure requirements).

(ii) An authority directive to the transportation

network company to disqualify a driver from being a

transportation network company driver may occur only

after the filing and adjudication of a formal complaint

pursuant to 52 Pa. Code Ch. 1005 (relating to formal

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proceedings) , by which the transportation network company

shall be afforded full due process, including notice and

opportunity to be heard.

(iii) The authority may adopt regulations to allow

reinstatement of a driver following an appropriate

disqualification period and compliance with any

conditions imposed by the authority.

(iv) The authority may only confiscate the vehicle

of a driver who continues to provide transportation

network company service while disqualified or following

suspension or revocation of a transportation network

company's license.

Amend Bill, page 43, line 29, by striking out "in 60 days"

and inserting

immediately

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