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:
ยง 5741. Certificate of public convenience required.
* * *
(c) Restrictions.--
(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
or
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
or
Amend Bill, page 30, line 28, by striking out "and" and
inserting
or
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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See A04486 in
the context
of SB0984