THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MICCARELLI, BENNINGHOFF, CHRISTIANA, ELLIS, J. EVANS, FARRY, FRANKEL, GEIST, GROVE, W. KELLER, KILLION, MICOZZIE, MILLARD, O'NEILL, PICKETT AND QUIGLEY, MAY 1, 2012

REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 1, 2012  

AN ACT

Amending Title 74 (Transportation) of the Pennsylvania

Consolidated Statutes, in airport operation and zoning,

providing for rental vehicle fees and rental facility

improvements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 74 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 5906.  Rental vehicle fees and rental facility improvements.

(a)  Authority to impose.--

(1)  Rental vehicle fees may only be imposed by an

airport or airport authority on rental vehicle companies or

rental vehicle transactions for the purposes of funding the

reasonable estimated costs, as determined by an independent

financial analysis paid for by the airport, associated with

rental facility improvements, rental facility operations and

maintenance, or both.

(2)  Upon the earlier of the date of the full

amortization of the debt service on indebtedness associated

with rental facility improvements, or the full amortization

date for such indebtedness as set forth in the publicly

disclosed amortization schedule presented at the outset of

the project at an airport, the authority of an airport or

airport authority to impose or collect the portion of any fee

imposed to pay for the rental facility improvements shall

expire.

(b)  Public disclosure of indebtedness for rental facility

improvements.--The terms and conditions of any indebtedness

obtained to fund rental facility improvements shall be fully

disclosed to the public at the outset of the project, which

disclosure shall include a full amortization schedule.

(c)  Definitions.-- The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Concession agreement."  An agreement, permit or license

entered into between an operator of an airport or its governing

entity and a rental vehicle company setting forth the terms and

conditions under which the rental vehicle company may transact

its rental business at the airport.

"Rental facility improvements."  The planning, financing,

design, construction, equipping or furnishing of facilities or

structures that are designed for exclusive use by rental vehicle

companies and their customers.

"Rental facility operations and maintenance."  The costs and

expenses incurred to operate and maintain rental facility

improvements, as well as any other facilities, structures or

mediums used exclusively by rental vehicle companies or their

customers, including transportation methods to and from a common

offsite vehicle rental facility.

"Rental vehicle company."  A person or organization, or any

subsidiary or affiliate, including a franchisee, in the business

of providing rental vehicles to the public in this Commonwealth.

"Rental vehicle fees."  Any new or modified fees or charges

imposed exclusively or disproportionately on rental vehicle

companies or rental vehicle transactions, including, without

limitation, any access and use charge and any fee or charge

required to be passed through to customers. The term does not

include any fee or charge imposed under the terms of a

concession agreement.

"Rental vehicle transaction."  A transaction involving a

motor vehicle conducted by a vehicle rental company and a

customer thereof.

Section 2.  This act shall take effect in 60 days.