PRIOR PRINTER'S NO. 1546 PRINTER'S NO. 1892
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 19830H1309B1892 - 2 -
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. F13L74SG/19830H1309B1892 - 4 -