S0984B1753A10557 MSP:JSL 10/17/16 #90 A10557
AMENDMENTS TO SENATE BILL NO. 984
Sponsor: REPRESENTATIVE GODSHALL
Printer's No. 1753
Amend Bill, page 2, lines 8 and 9, by striking out "66
Pa.C.S. § 102 " and inserting
section 57A01
Amend Bill, page 3, lines 5 and 6, by striking out "66
Pa.C.S. § 102" and inserting
section 57A01
Amend Bill, page 4, line 19, by striking out "TRANSPORTATION
NETWORK SERVICE FUND" and inserting
Assessment
Amend Bill, page 5, line 9, by striking out "OR" where it
occurs the first time and inserting
and the
Amend Bill, page 15, line 29, by inserting after "BENEFITS"
as required under 75 Pa.C.S. § 1711 (relating to
required benefits )
Amend Bill, page 16, line 23, by inserting after "(C)"
is maintained by a driver and
Amend Bill, page 19, line 24, by striking out "SUBSECTION
(A)" and inserting
this section
Amend Bill, page 20, line 3, by striking out "SUBSECTION (A)"
and inserting
this section
Amend Bill, page 20, line 30, by striking out "IF" and
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inserting
Notice that if
Amend Bill, page 21, lines 1 and 2, by striking out
"SUBSECTION (A), NOTICE THAT " and inserting
this section,
Amend Bill, page 21, by inserting between lines 20 and 21
(p) Lienholder and lessor requirements.--
(1) The following shall apply:
(i) A transportation network company shall disclose
the notice under this subparagraph prominently and with a
separate acknowledgment of acceptance to each prospective
transportation network company driver in the
transportation network company's written terms of service
for drivers. The disclosure shall be provided before a
driver is allowed to offer prearranged rides on a
transportation network company's digital network. The
notice shall be as follows:
[name of transportation network company] will provide
you with a notice explaining whether it provides
insurance to repair your personal vehicle if you have
an accident when using your vehicle in a
transportation network. If [name of transportation
network company] does not provide coverage for damage
to your car, your personal automobile insurance
policy might not provide the coverage and you may be
required to pay all costs to repair the vehicle
yourself in the event of an accident unless you
purchase extra insurance. If you financed the
purchase of the vehicle or lease the vehicle, you
must notify your lender or lessor that you will use
your vehicle to provide transportation network
service. Your lender or lessor may require you to
purchase extra insurance coverage or, if you do not
do so, may purchase insurance on your behalf and bill
you for the costs of the policy. The failure to
notify a lender or lessor or to have insurance to
cover the cost of damage to the vehicle may cause
your vehicle to be repossessed or your lease to be
revoked. If you have questions about this notice, you
should contact your insurance agent, your lender or
lessor or the Pennsylvania Insurance Department.
(ii) A transportation network company shall provide
the notice required under subparagraph (i) upon any
subsequent material reduction in insurance coverage by
the company. For purposes of this subparagraph, "material
reduction in insurance coverage" shall not include the
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replacement of insurance coverage with substantially
similar insurance coverage from a different insurer by a
transportation network company.
(iii) A transportation network company shall notify
drivers in writing whether the transportation network
company is providing comprehensive and collision coverage
during service.
(2) If a transportation network company's insurer makes
a payment for a claim covered under comprehensive or
collision coverage, the transportation network company shall
cause the transportation network company's insurer to issue
the payment directly to the business repairing the vehicle or
jointly to the owner of the vehicle and the primary
lienholder or lessor.
(3) If a driver of a personal vehicle used in
transportation network service that is subject to a lien or
lease fails to maintain comprehensive or collision damage
coverage required by the lienholder or lessor or to show
evidence to the lienholder or lessor of the coverage upon
reasonable request, the lienholder or lessor may obtain the
coverage at the expense of the driver without prior notice to
the driver.
Amend Bill, page 23, line 17, by striking out "THEIR" and
inserting
the
Amend Bill, page 24, line 17, by striking out "(B)" and
inserting
(a)
Amend Bill, page 39, line 25, by inserting after "UP"
or drop off
Amend Bill, page 42, line 15, by striking out "RANDOM
SELECTION OF UNIQUE IDENTIFICATION NUMBERS.--" and inserting
Compliance audits.--
Amend Bill, page 42, line 30, by inserting after "NUMBERS"
based upon the transportation network company's
classification under section 57A09 (relating to vehicle
inspections)
Amend Bill, page 49, lines 5 and 6, by striking out "TO THE
COSTS OF THE AUTHORITY ASSOCIATED WITH" in line 5 and all of
line 6 and inserting
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Except as provided under subparagraph (v), to
satisfy any liens on the vehicle or, if the vehicle is
subject to a lease, to pay the lessor damages due to the
lessor upon default by the lessee as provided under 13
Pa.C.S. § 2A527 (relating to lessor's rights to dispose
of goods).
(ii) To the costs of the authority associated with
the confiscation, impoundment and auction.
Amend Bill, page 49, line 7, by striking out "(II)" and
inserting
(iii)
Amend Bill, page 49, lines 10 through 12, by striking out all
of said lines
Amend Bill, page 49, line 17, by striking out "TNC REGULATORY
FUND CREATED UNDER SECTION 57A22(C)" and inserting
restricted account provided for under section 57A22
Amend Bill, page 50, lines 20 through 30; pages 51 through
56, lines 1 through 30; page 57, lines 1 through 7; by striking
out all of said lines on said pages and inserting
§ 57A22. Assessment.
(1) A transportation network company operating in a city
of the first class shall pay to the authority an assessment
amount equal to 1.4% of the gross receipts from all fares
charged to all passengers for prearranged rides that
originate in the city. The amount assessed shall be remitted
on a quarterly basis and deposited into a restricted receipts
account in the State Treasury. The State Treasurer shall
distribute 66.67% to a school district of the first class and
33.33% to the parking authority on a quarterly basis. This
section shall expire December 31, 2019.
(2) If an assessment is imposed after December 31, 2019,
the percentage amount may not be less than the percentage
amount imposed under paragraph (1).
Amend Bill, page 66, lines 20 through 30; page 67, lines 1
through 30; page 68, lines 1 through 26; by striking out all of
said lines on said pages and inserting
§ 2401. Regulation of taxis and limousines.
The temporary regulations promulgated under section 1602-M of
the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal
Code, shall expire upon the promulgation of final-form
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regulations or two years following the effective date of this
section, whichever is later.
Amend Bill, page 73, lines 20 through 26, by striking out "A
TRANSPORTATION NETWORK COMPANY OR TRANSPORTATION" in line 20 and
all of lines 21 through 26 and inserting
(Reserved).
Amend Bill, page 74, line 1, by striking out "SHALL" and
inserting
may
Amend Bill, page 82, line 3, by inserting after "checks"
checks
Amend Bill, page 91, lines 25 and 26, by striking out "FOR
WHICH YOU ARE AT FAULT "
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