PRIOR PRINTER'S NO. 1546                      PRINTER'S NO. 1892

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1309 Session of 1983


        INTRODUCED BY WACHOB, BARBER, HOEFFEL, BELOFF, IRVIS, MILLER,
           McCALL, KASUNIC, TRUMAN, HARPER, MANDERINO, FATTAH, WIGGINS,
           ITKIN, RICHARDSON, STUBAN, OLIVER, DeLUCA, PISTELLA, COHEN,
           STEIGHNER, RUDY, SEVENTY, ALDERETTE, MICHLOVIC, F. E. TAYLOR,
           E. Z. TAYLOR, ANGSTADT, ZWIKL, SALOOM, MICOZZIE, JOHNSON,
           LASHINGER, FISCHER, J. L. WRIGHT, MORRIS, HALUSKA, FREEMAN,
           PRESTON, MAIALE, CALTAGIRONE, CLARK, COLE, BELFANTI,
           KUKOVICH, GALLAGHER, JAROLIN, RYBAK, KOSINSKI, CIMINI,
           MRKONIC, CIVERA, DOMBROWSKI, DAWIDA, SWEET, PRATT, BOOK,
           ARTY, BUNT, R. C. WRIGHT AND OLASZ, JUNE 29, 1983

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 5, 1983

                                     AN ACT

     1  Amending the act of January 22, 1968 (P.L.42, No.8), entitled,
     2     as amended, "An act empowering and authorizing the Department
     3     of Transportation to establish and administer certain grant
     4     programs for the betterment of mass transportation systems
     5     and facilities throughout the Commonwealth; providing for
     6     State grants to transportation companies, municipalities,
     7     counties, or their instrumentalities and to agencies and
     8     instrumentalities of the Commonwealth for studies, research,
     9     demonstration programs, promotion programs, purchase of
    10     service projects, and capital improvement projects under
    11     certain conditions; authorizing grants by counties or
    12     municipalities in metropolitan areas to local transportation
    13     organizations, authorizing the creation of a transportation
    14     authority to function in each metropolitan area consisting of
    15     any county of the first class and all nearby counties within
    16     a radius of twenty miles of any such first class county, as a
    17     body corporate and politic for the purpose of establishing an
    18     integrated mass transportation system with all pertinent
    19     powers including, but not limited to, leasing, acquiring,
    20     owning, operating and maintaining a system for, or otherwise
    21     providing for, the transportation of persons, authorizing the
    22     borrowing of money and issuance of bonds therefor, conferring
    23     the right of eminent domain on the authority; altering the
    24     jurisdiction of the Public Utility Commission, authorizing
    25     the acceptance of grants from Federal, State and local


     1     governments, limiting actions against the authority and
     2     exempting it from taxation, authorizing counties and
     3     municipalities to enter into compacts for the financing of
     4     each authority and to make appropriations in accordance with
     5     such compacts, creating a citizen advisory committee,
     6     conferring exclusive jurisdiction upon certain courts with
     7     respect to matters relating to such authority, empowering
     8     each authority to function outside of the metropolitan area
     9     under certain terms and conditions," providing free fare
    10     services for persons 65 years of age or older for shared ride
    11     public transportation services; and reimbursing mass
    12     transportation and county transportation systems at 100% 90%   <--
    13     of the costs of services provided to persons 65 years of age
    14     or older.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  The definition of "shared ride public
    18  transportation services" in section 202 the act of January 22,
    19  1968 (P.L.42, No.8), known as the Pennsylvania Urban Mass
    20  Transportation Law, added July 10, 1980 (P.L.427, No.101), is
    21  amended to read:
    22     Section 202.  Definitions.--The following terms, whenever
    23  used or referred to in this article, shall have the following
    24  meanings, except in those instances where the context clearly
    25  indicates a different meaning:
    26     * * *
    27     "Shared ride public transportation services" shall include
    28  demand responsive transportation that is available to the
    29  general public, operates on a nonfixed route basis and charges a
    30  fare to all riders except for persons sixty-five years of age or
    31  older. For transportation to be included in this definition the
    32  first fare paying passengers to enter the public transportation
    33  vehicle must not refuse to share the vehicle with other
    34  passengers during a given trip. Services excluded under this
    35  definition are: exclusive ride taxi service; charter and
    36  sightseeing services; nonpublic transportation; school bus or

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     1  limousine services.
     2     * * *
     3     Section 2.  Section 203(5) of the act, added January 22, 1968
     4  (P.L.42, No.8) and repealed in part March 10, 1982 (P.L.177,
     5  No.56), is amended to read:
     6     Section 203.  Program Authorizations.--The department is
     7  hereby authorized, within the limitations hereinafter provided
     8  and is required where the provisions of section 204 apply:
     9     * * *
    10     (5)  To make grants from the State Lottery Fund to
    11  transportation companies, county transportation systems and
    12  local transportation organizations to pay estimated transit
    13  losses resulting from providing:
    14     (i)  Free service or local common carrier mass transportation
    15  systems to persons sixty-five years of age or older when such
    16  passage is on fixed route public transportation services during
    17  nonpeak riding hours and on holidays and weekends. The losses
    18  resulting from granting service on mass transportation systems
    19  shall be reimbursable at [seventy-five] one hundred NINETY        <--
    20  percent of such system's average fare multiplied by the number
    21  of trips made by senior citizens participating in such free
    22  transit program. [Transit systems that currently receive a
    23  program reimbursement based upon a percentage of average fare
    24  greater than seventy-five percent shall receive their current
    25  amount of senior citizen program reimbursement until such time
    26  as the amount of reimbursement for these systems equals seventy-
    27  five percent of the average fare times the number of senior
    28  citizens trips: Provided, however, That reimbursement for the
    29  fiscal year 1980-1981 shall be calculated using the average
    30  fares as of January 1, 1980.]
    19830H1309B1892                  - 3 -

     1     (ii)  Free [or reduced] fare on shared ride county             <--
     2  transportation systems for persons sixty-five years of age or
     3  older:
     4     (A)  In case of free service on such county systems, the
     5  county shall be reimbursed at [seventy-five] one hundred NINETY   <--
     6  percent of the cost incurred or to be incurred in operating and
     7  maintaining such system, with the remainder of any such cost
     8  being paid by the county.
     9     (B)  In case of reduced fare services on such county systems,
    10  the county shall be reimbursed at the same rate and under the
    11  same conditions as provided in subparagraph (iii).
    12     (iii)  [Reduced fare] Free services on local common carrier    <--
    13  mass transportation systems to persons sixty-five years of age
    14  or older when such passage is on shared ride public or contract
    15  transportation services during regular hours of operation. On
    16  shared public transportation, losses are reimbursable [only if    <--
    17  the elderly person pays 25¢ or [twenty-five] TEN percent of the   <--
    18  cost of the individual fare, whichever is greater].               <--
    19     (v)  The department shall promulgate such rules and
    20  regulations as are necessary to carry out the purposes of this
    21  subparagraph. THE DEPARTMENT IN CONSULTATION WITH THE PUBLIC      <--
    22  UTILITY COMMISSION AND THE DEPARTMENT OF AGING SHALL ESTABLISH
    23  REASONABLE PER MILE OR TRIP FARE LIMITS FOR PURPOSES OF THIS
    24  SECTION. In accordance with section 2203-A(27) of the act of
    25  April 9, 1929 (P.L.177, No.175), known as "The Administrative
    26  Code of 1929," no such regulation shall take effect until they
    27  are submitted to the Department of Aging for comment.
    28     * * *
    29     Section 3.  This act shall take effect in 60 days.

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