HOUSE AMENDED
PRIOR PRINTER'S NOS. 58, 2007, 2065 PRINTER'S NO. 2132
No. 58 Session of 1983
INTRODUCED BY HOLL, JANUARY 17, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 19, 1984
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for the transportation of <--
3 property of unusual value, including money and securities, in
4 ISSUANCE OF CERTIFICATE OF CONVENIENCE FOR TRANSPORTATION OF <--
5 PROPERTY OF UNUSUAL VALUE, INCLUDING MONEY AND SECURITIES, IN
6 armored motor vehicles; REGULATING CONSTRUCTION COSTS OF <--
7 PUBLIC UTILITIES; AND LIMITING RATE INCREASES.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The definition of "common carrier by motor <--
11 vehicle" in section 102 of Title 66 of the Pennsylvania
12 Consolidated Statutes is amended by adding a paragraph to read:
13 § 102. Definitions.
14 Subject to additional definitions contained in subsequent
15 provisions of this part which are applicable to specific
16 provisions of this part, the following words and phrases when
17 used in this part shall have, unless the context clearly
18 indicates otherwise, the meanings given to them in this section:
19 * * *
1 "Common carrier by motor vehicle." Any common carrier who or
2 which holds out or undertakes the transportation of passengers
3 or property, or both, or any class of passengers or property,
4 between points within this Commonwealth by motor vehicle for
5 compensation, whether or not the owner or operator of such motor
6 vehicle, or who or which provides or furnishes any motor
7 vehicle, with or without driver, for transportation or for use
8 in transportation of persons or property as aforesaid, and shall
9 include common carriers by rail, water, or air, and express or
10 forwarding public utilities insofar as such common carriers or
11 such public utilities are engaged in such motor vehicle
12 operations, but does not include:
13 * * *
14 (10) Any person or corporation who or which uses, or
15 furnishes for use, armored motor vehicles for the
16 transportation of property of unusual value, including money
17 and securities.
18 * * *
19 Section 2. Paragraph (2) of the definition of "contract
20 carrier by motor vehicle" in section 2501(b) of Title 66 is
21 amended to read:
22 § 2501. Declaration of policy and definitions.
23 * * *
24 (b) Definitions.--The following words and phrases when used
25 in this part shall have, unless the context clearly indicates
26 otherwise, the meanings given to them in this subsection:
27 * * *
28 "Contract carrier by motor vehicle."
29 * * *
30 (2) The term "contract carrier by motor vehicle" does
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1 not include:
2 (i) A lessor under a lease given on a bona fide sale
3 of a motor vehicle where the lessor retains or assumes no
4 responsibility for maintenance, supervision or control of
5 the motor vehicle so sold.
6 (ii) Any bona fide agricultural cooperative
7 association transporting property exclusively for the
8 members of such association on a nonprofit basis, or any
9 independent contractor hauling exclusively for such
10 association.
11 (iii) Any owner or operator of a farm transporting
12 agricultural products from or farm supplies to such farm,
13 or any independent contractor hauling agricultural
14 products or farm supplies, exclusively, for one or more
15 owners or operators of farms.
16 (iv) Transportation of school children for school
17 purposes or to and from school sponsored extra curricular
18 activities whether as participants or spectators,
19 together with chaperons who might accompany them as
20 designated by the board of school districts not exceeding
21 five in number, or between their homes and Sunday school
22 in any motor vehicle owned by the school district,
23 private school or parochial school, or the transportation
24 of school children between their homes and school or to
25 and from school sponsored extra curricular or educational
26 activities whether as participants or spectators,
27 together with chaperons who might accompany them as
28 designated by the board of school directors not exceeding
29 five in number, if the person performing the extra
30 curricular transportation has a contract for the
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1 transportation of school children between their homes and
2 school, with the private or parochial school, with the
3 school district or jointure in which the school is
4 located, or with a school district that is a member of a
5 jointure in which the school is located if the jointure
6 has no contracts with other persons for the
7 transportation of students between their homes and
8 school, and if the person maintains a copy of all
9 contracts in the vehicle at all times, or children
10 between their homes and Sunday school in any motor
11 vehicle operated under contract with the school district,
12 private school or parochial school.
13 (v) Any person or corporation who or which uses, or
14 furnishes for use, dump trucks for the transportation of
15 ashes, rubbish, excavated or road construction materials.
16 (vi) Transportation of voting machines to and from
17 polling places by any person or corporation for or on
18 behalf of any political subdivision of this Commonwealth
19 for use in any primary, general or special election.
20 (vii) Transportation of pulpwood, chemical wood, saw
21 logs or veneer logs from woodlots.
22 (viii) Transportation by towing of wrecked or
23 disabled motor vehicles.
24 (ix) Any person or corporation who or which
25 furnishes transportation for any injured, ill or dead
26 person.
27 (x) Any person or corporation who or which uses, or
28 furnishes for use, armored motor vehicles for the
29 transportation of property of unusual value, including
30 money and securities.
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1 Section 3. This act shall take effect in 60 days.
2 SECTION 1. THE DEFINITION OF "COMMON CARRIER BY MOTOR <--
3 VEHICLE" IN SECTION 102 OF TITLE 66 OF THE PENNSYLVANIA
4 CONSOLIDATED STATUTES IS AMENDED BY ADDING A PARAGRAPH TO READ:
5 § 102. DEFINITIONS.
6 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
7 PROVISIONS OF THIS PART WHICH ARE APPLICABLE TO SPECIFIC
8 PROVISIONS OF THIS PART, THE FOLLOWING WORDS AND PHRASES WHEN
9 USED IN THIS PART SHALL HAVE, UNLESS THE CONTEXT CLEARLY
10 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
11 * * *
12 "COMMON CARRIER BY MOTOR VEHICLE." ANY COMMON CARRIER WHO OR
13 WHICH HOLDS OUT OR UNDERTAKES THE TRANSPORTATION OF PASSENGERS
14 OR PROPERTY, OR BOTH, OR ANY CLASS OF PASSENGERS OR PROPERTY,
15 BETWEEN POINTS WITHIN THIS COMMONWEALTH BY MOTOR VEHICLE FOR
16 COMPENSATION, WHETHER OR NOT THE OWNER OR OPERATOR OF SUCH MOTOR
17 VEHICLE, OR WHO OR WHICH PROVIDES OR FURNISHES ANY MOTOR
18 VEHICLE, WITH OR WITHOUT DRIVER, FOR TRANSPORTATION OR FOR USE
19 IN TRANSPORTATION OF PERSONS OR PROPERTY AS AFORESAID, AND SHALL
20 INCLUDE COMMON CARRIERS BY RAIL, WATER, OR AIR, AND EXPRESS OR
21 FORWARDING PUBLIC UTILITIES INSOFAR AS SUCH COMMON CARRIERS OR
22 SUCH PUBLIC UTILITIES ARE ENGAGED IN SUCH MOTOR VEHICLE
23 OPERATIONS, BUT DOES NOT INCLUDE:
24 * * *
25 (10) ANY PERSON OR CORPORATION WHO OR WHICH USES, OR
26 FURNISHES FOR USE, ARMORED MOTOR VEHICLES FOR THE
27 TRANSPORTATION OF PROPERTY OF UNUSUAL VALUE, INCLUDING MONEY
28 AND SECURITIES.
29 * * *
30 SECTION 1 2 1. TITLE 66 OF THE PENNSYLVANIA CONSOLIDATED <--
19830S0058B2132 - 5 -
1 STATUTES IS AMENDED BY ADDING SECTIONS A SECTION TO READ: <--
2 § 515. CONSTRUCTION COST OF ELECTRIC GENERATING UNITS.
3 (A) SUBMISSION OF ESTIMATE.--NO LATER THAN 30 DAYS AFTER
4 CONSTRUCTION OF AN ELECTRIC GENERATING UNIT IS BEGUN, EITHER IN
5 THIS COMMONWEALTH OR IN SOME OTHER STATE, ANY PUBLIC UTILITY
6 OPERATING IN THIS COMMONWEALTH AND OWNING ANY SHARE IN THAT UNIT
7 SHALL SUBMIT TO THE COMMISSION AN ESTIMATE OF THE COST OF
8 CONSTRUCTING THAT UNIT. IF THE PUBLIC UTILITY ACQUIRES OWNERSHIP
9 OF ANY SHARE IN AN ELECTRIC GENERATING UNIT WHICH IS UNDER
10 CONSTRUCTION ON THE DATE OF ACQUISITION, THE PUBLIC UTILITY
11 SHALL, WITHIN 30 DAYS OF THE DATE OF ACQUISITION, SUBMIT AN
12 ESTIMATE OF THE COST OF CONSTRUCTING THAT UNIT WHICH WAS
13 FORMULATED NO LATER THAN 30 DAYS FROM THE BEGINNING OF
14 CONSTRUCTION.
15 (B) ACCESS TO EVIDENCE.--FROM AND AFTER THE BEGINNING OF
16 CONSTRUCTION OF AN ELECTRIC GENERATING UNIT, THE COMMISSION, OR
17 ITS DESIGNEE, AND THE CONSUMER ADVOCATE, OR HIS DESIGNEE, SHALL
18 HAVE REASONABLE ACCESS TO THE CONSTRUCTION SITE AND TO ANY ORAL
19 OR DOCUMENTARY EVIDENCE RELEVANT TO DETERMINING THE NECESSITY
20 AND PROPRIETY OF ANY CONSTRUCTION COST. IF A PUBLIC UTILITY
21 OBJECTS TO ANY REQUEST BY THE COMMISSION OR THE CONSUMER
22 ADVOCATE, OR PERSONS DESIGNATED BY THE COMMISSION OR THE
23 CONSUMER ADVOCATE, FOR ACCESS TO THE CONSTRUCTION SITE OR TO ANY
24 ORAL OR DOCUMENTARY EVIDENCE, THE OBJECTION SHALL BE DECIDED IN
25 THE SAME MANNER AS AN ON-THE-RECORD PROCEEDING PURSUANT TO
26 CHAPTER 3 (RELATING TO PUBLIC UTILITY COMMISSION). THE AFFECTED
27 PUBLIC UTILITY SHALL HAVE THE BURDEN OF PROOF IN SUSTAINING ANY
28 SUCH OBJECTION.
29 (C) DEFINITION.--AS USED IN THIS SECTION THE TERM
30 "CONSTRUCTION" INCLUDES ANY WORK PERFORMED ON AN ELECTRIC
19830S0058B2132 - 6 -
1 GENERATING UNIT WHICH IS EXPECTED TO REQUIRE THE AFFECTED PUBLIC
2 UTILITY TO INCUR AN AGGREGATE OF AT LEAST $100,000,000 OF
3 EXPENSES WHICH, IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING
4 PRINCIPLES, ARE CAPITAL EXPENSES AND NOT OPERATING OR
5 MAINTENANCE EXPENSES.
6 § 1103.1. ARMORED VEHICLES. <--
7 A CERTIFICATE OF PUBLIC CONVENIENCE OR CONTRACT CARRIER
8 PERMIT TO PROVIDE THE TRANSPORTATION OF PROPERTY OF UNUSUAL
9 VALUE, INCLUDING MONEY AND SECURITIES, IN ARMORED VEHICLES,
10 SHALL BE GRANTED BY ORDER OF THE COMMISSION WITHOUT PROOF OF THE
11 NEED FOR THE SERVICE IF THE COMMISSION FINDS OR DETERMINES THAT
12 THE APPLICANT IS CAPABLE OF PROVIDING DEPENDABLE ARMORED VEHICLE
13 SERVICE TO THE PUBLIC ACCORDING TO THE RULES AND REGULATIONS OF
14 THE COMMISSION.
15 SECTION 3 2. SECTION 1103 OF TITLE 66 IS AMENDED BY ADDING A <--
16 SUBSECTION TO READ:
17 § 1103. PROCEDURE TO OBTAIN CERTIFICATES OF PUBLIC
18 CONVENIENCE.
19 * * *
20 (E) ARMORED VEHICLES.--A CERTIFICATE OF PUBLIC CONVENIENCE
21 TO PROVIDE THE TRANSPORTATION OF PROPERTY OF UNUSUAL VALUE,
22 INCLUDING MONEY AND SECURITIES, IN ARMORED VEHICLES SHALL BE
23 GRANTED BY ORDER OF THE COMMISSION UPON APPLICATION. SUCH
24 CARRIERS MUST CONFORM TO THE RULES AND REGULATIONS OF THE
25 COMMISSION.
26 SECTION 2 4 3. SECTION 1308 OF TITLE 66 IS AMENDED BY ADDING <--
27 A SUBSECTION TO READ:
28 § 1308. VOLUNTARY CHANGES IN RATES.
29 * * *
30 (F) LIMITATION ON RATE INCREASES BY CERTAIN PUBLIC
19830S0058B2132 - 7 -
1 UTILITIES.--WHENEVER THERE IS FILED WITH THE COMMISSION ANY
2 TARIFF STATING A NEW RATE BASED IN WHOLE OR IN PART ON THE COST
3 OF CONSTRUCTING AN ELECTRIC GENERATING UNIT, THE COMMISSION
4 SHALL COMPARE THE ESTIMATED CONSTRUCTION COST FILED IN
5 ACCORDANCE WITH SECTION 515(A) (RELATING TO CONSTRUCTION COST OF
6 ELECTRIC GENERATING UNITS) WITH THE ACTUAL CONSTRUCTION COST
7 SUBMITTED BY THE UTILITY IN SUPPORT OF THAT TARIFF. IF THE
8 ACTUAL CONSTRUCTION COST EXCEEDS THE ESTIMATED CONSTRUCTION
9 COST, THE RATE DETERMINED BY THE COMMISSION UNDER THIS SECTION
10 SHALL NOT BE BASED ON ANY PART OF THAT EXCESS UNLESS THE PUBLIC
11 UTILITY PROVES THAT PART OF THE EXCESS TO HAVE BEEN NECESSARY
12 AND PROPER. IN MAKING ITS DETERMINATION UNDER THIS SUBSECTION,
13 THE COMMISSION SHALL CONSIDER ALL RELEVANT AND MATERIAL
14 EVIDENCE, INCLUDING EVIDENCE OBTAINED PURSUANT TO SECTION 515.
15 FOR PURPOSES OF THIS SUBSECTION "CONSTRUCTION" INCLUDES ANY WORK
16 PERFORMED ON AN ELECTRIC GENERATING UNIT WHICH REQUIRED, OR IS
17 EXPECTED TO REQUIRE, THE AFFECTED PUBLIC UTILITY TO INCUR AN
18 AGGREGATE OF AT LEAST $100,000,000 OF EXPENSES WHICH, IN
19 ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, ARE
20 CAPITAL EXPENSES AND NOT OPERATING OR MAINTENANCE EXPENSES.
21 SECTION 5. PARAGRAPH (2) OF THE DEFINITION OF "CONTRACT <--
22 CARRIER BY MOTOR VEHICLE" IN SECTION 2501(B) OF TITLE 66 IS
23 AMENDED TO READ:
24 § 2501. DECLARATION OF POLICY AND DEFINITIONS.
25 * * *
26 (B) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED
27 IN THIS PART SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES
28 OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
29 * * *
30 "CONTRACT CARRIER BY MOTOR VEHICLE."
19830S0058B2132 - 8 -
1 * * *
2 (2) THE TERM "CONTRACT CARRIER BY MOTOR VEHICLE" DOES
3 NOT INCLUDE:
4 (I) A LESSOR UNDER A LEASE GIVEN ON A BONA FIDE SALE
5 OF A MOTOR VEHICLE WHERE THE LESSOR RETAINS OR ASSUMES NO
6 RESPONSIBILITY FOR MAINTENANCE, SUPERVISION OR CONTROL OF
7 THE MOTOR VEHICLE SO SOLD.
8 (II) ANY BONA FIDE AGRICULTURAL COOPERATIVE
9 ASSOCIATION TRANSPORTING PROPERTY EXCLUSIVELY FOR THE
10 MEMBERS OF SUCH ASSOCIATION ON A NONPROFIT BASIS, OR ANY
11 INDEPENDENT CONTRACTOR HAULING EXCLUSIVELY FOR SUCH
12 ASSOCIATION.
13 (III) ANY OWNER OR OPERATOR OF A FARM TRANSPORTING
14 AGRICULTURAL PRODUCTS FROM OR FARM SUPPLIES TO SUCH FARM,
15 OR ANY INDEPENDENT CONTRACTOR HAULING AGRICULTURAL
16 PRODUCTS OR FARM SUPPLIES, EXCLUSIVELY, FOR ONE OR MORE
17 OWNERS OR OPERATORS OF FARMS.
18 (IV) TRANSPORTATION OF SCHOOL CHILDREN FOR SCHOOL
19 PURPOSES OR TO AND FROM SCHOOL SPONSORED EXTRA CURRICULAR
20 ACTIVITIES WHETHER AS PARTICIPANTS OR SPECTATORS,
21 TOGETHER WITH CHAPERONS WHO MIGHT ACCOMPANY THEM AS
22 DESIGNATED BY THE BOARD OF SCHOOL DISTRICTS NOT EXCEEDING
23 FIVE IN NUMBER, OR BETWEEN THEIR HOMES AND SUNDAY SCHOOL
24 IN ANY MOTOR VEHICLE OWNED BY THE SCHOOL DISTRICT,
25 PRIVATE SCHOOL OR PAROCHIAL SCHOOL, OR THE TRANSPORTATION
26 OF SCHOOL CHILDREN BETWEEN THEIR HOMES AND SCHOOL OR TO
27 AND FROM SCHOOL SPONSORED EXTRA CURRICULAR OR EDUCATIONAL
28 ACTIVITIES WHETHER AS PARTICIPANTS OR SPECTATORS,
29 TOGETHER WITH CHAPERONS WHO MIGHT ACCOMPANY THEM AS
30 DESIGNATED BY THE BOARD OF SCHOOL DIRECTORS NOT EXCEEDING
19830S0058B2132 - 9 -
1 FIVE IN NUMBER, IF THE PERSON PERFORMING THE EXTRA
2 CURRICULAR TRANSPORTATION HAS A CONTRACT FOR THE
3 TRANSPORTATION OF SCHOOL CHILDREN BETWEEN THEIR HOMES AND
4 SCHOOL, WITH THE PRIVATE OR PAROCHIAL SCHOOL, WITH THE
5 SCHOOL DISTRICT OR JOINTURE IN WHICH THE SCHOOL IS
6 LOCATED, OR WITH A SCHOOL DISTRICT THAT IS A MEMBER OF A
7 JOINTURE IN WHICH THE SCHOOL IS LOCATED IF THE JOINTURE
8 HAS NO CONTRACTS WITH OTHER PERSONS FOR THE
9 TRANSPORTATION OF STUDENTS BETWEEN THEIR HOMES AND
10 SCHOOL, AND IF THE PERSON MAINTAINS A COPY OF ALL
11 CONTRACTS IN THE VEHICLE AT ALL TIMES, OR CHILDREN
12 BETWEEN THEIR HOMES AND SUNDAY SCHOOL IN ANY MOTOR
13 VEHICLE OPERATED UNDER CONTRACT WITH THE SCHOOL DISTRICT,
14 PRIVATE SCHOOL OR PAROCHIAL SCHOOL.
15 (V) ANY PERSON OR CORPORATION WHO OR WHICH USES, OR
16 FURNISHES FOR USE, DUMP TRUCKS FOR THE TRANSPORTATION OF
17 ASHES, RUBBISH, EXCAVATED OR ROAD CONSTRUCTION MATERIALS.
18 (VI) TRANSPORTATION OF VOTING MACHINES TO AND FROM
19 POLLING PLACES BY ANY PERSON OR CORPORATION FOR OR ON
20 BEHALF OF ANY POLITICAL SUBDIVISION OF THIS COMMONWEALTH
21 FOR USE IN ANY PRIMARY, GENERAL OR SPECIAL ELECTION.
22 (VII) TRANSPORTATION OF PULPWOOD, CHEMICAL WOOD, SAW
23 LOGS OR VENEER LOGS FROM WOODLOTS.
24 (VIII) TRANSPORTATION BY TOWING OF WRECKED OR
25 DISABLED MOTOR VEHICLES.
26 (IX) ANY PERSON OR CORPORATION WHO OR WHICH
27 FURNISHES TRANSPORTATION FOR ANY INJURED, ILL OR DEAD
28 PERSON.
29 (X) ANY PERSON OR CORPORATION WHO OR WHICH USES, OR
30 FURNISHES FOR USE, ARMORED MOTOR VEHICLES FOR THE
19830S0058B2132 - 10 -
1 TRANSPORTATION OF PROPERTY OF UNUSUAL VALUE, INCLUDING
2 MONEY AND SECURITIES.
3 SECTION 6 4. SECTION 2503(A) OF TITLE 66 IS AMENDED AND A <--
4 SUBSECTION IS ADDED TO READ:
5 § 2503. PERMITS REQUIRED OF CONTRACT CARRIERS.
6 (A) GENERAL RULE.--NO PERSON OR CORPORATION SHALL RENDER
7 SERVICE AS A CONTRACT CARRIER BY MOTOR VEHICLE UNLESS THERE IS
8 IN FORCE WITH RESPECT TO SUCH CARRIER A PERMIT ISSUED BY THE
9 COMMISSION, AUTHORIZING SUCH PERSON OR CORPORATION TO ENGAGE IN
10 SUCH BUSINESS. THE APPLICATION FOR SUCH PERMIT SHALL BE
11 DETERMINED BY THE COMMISSION IN ACCORDANCE WITH THE PROVISIONS
12 OF SUBSECTION (B), EXCEPT AS SET FORTH IN SUBSECTION (D).
13 * * *
14 (D) ARMORED VEHICLES.--A CONTRACT CARRIER PERMIT TO PROVIDE
15 THE TRANSPORTATION OF PROPERTY OF UNUSUAL VALUE, INCLUDING MONEY
16 AND SECURITIES, IN ARMORED VEHICLES SHALL BE GRANTED BY ORDER OF
17 THE COMMISSION UPON APPLICATION. SUCH CARRIERS MUST CONFORM TO
18 THE RULES AND REGULATIONS OF THE COMMISSION.
19 SECTION 3 7 5. IN THE CASE OF CONSTRUCTION OF AN ELECTRIC <--
20 GENERATING UNIT BEGUN, BUT NOT COMPLETED, PRIOR TO THE EFFECTIVE
21 DATE, THE AFFECTED PUBLIC UTILITY SHALL, WITHIN 30 DAYS AFTER
22 THE EFFECTIVE DATE, SUBMIT AN ESTIMATE OF THE COST OF
23 CONSTRUCTING THAT UNIT WHICH WAS FORMULATED NO LATER THAN 30
24 DAYS FROM THE BEGINNING OF CONSTRUCTION. FOR THE PURPOSES OF 66
25 PA.C.S. §§ 515 AND 1308(F), SUCH ESTIMATES SHALL BE DEEMED TO
26 HAVE BEEN FILED IN ACCORDANCE WITH SECTION 515(A). THE <--
27 COMMISSION SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
28 SECTIONS 515 AND 1308(F) AS ADDED BY THIS ACT.
29 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
30 SECTION 8. (A) THE AMENDMENTS AFFECTING 66 PA.C.S. §§ 102 <--
19830S0058B2132 - 11 -
1 AND 2501 SHALL TAKE EFFECT IN 60 DAYS.
2 (B) THE REMAINING PROVISIONS OF THIS SECTION 6. THIS ACT
3 SHALL TAKE EFFECT IMMEDIATELY.
L28L66JRW/19830S0058B2132 - 12 -