act-2004-0-94•Pennsylvania Act 2004-94 — GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - PARKING AUTHORITIES AND TAXICABS AND LIMOUSINES IN CITIES OF THE FIRST CLASS
Pennsylvania Act 2004-94 — GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - PARKING AUTHORITIES AND TAXICABS AND LIMOUSINES IN CITIES OF THE FIRST CLASS
act-2004-0-942004 Pa. Act 94Law
Act text part 1
GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - PARKING AUTHORITIES AND
TAXICABS AND LIMOUSINES IN CITIES OF THE FIRST CLASS
Act of Jul. 16, 2004, P.L. 758, No. 94 Cl. 53
Session of 2004
No. 2004-94
HB 2654
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, reenacting and amending provisions
relating to parking authorities and relating to taxicabs and
limousines in cities of the first class; further providing
for parking authority purposes and powers and special
provisions in cities of the first class; providing for
restrictions on parking authorities in cities of the first
class; further providing for contract bids for parking
authorities; further defining "limousine service"; making
legislative findings as to taxicabs in cities of the first
class; further providing, as to taxicabs in cities of the
first class, for rates, for contested complaints, for driver
certification, for budgets and fees, for certificates and
medallions, for contested complaints, for wages, for
regulations and for budget and fees; further providing, as to
limousines in cities of the first class, for certificates of
public convenience and for regulations; and making repeals
related to allocation assessments against public utilities
for regulatory expenses, to certificates of public
convenience for taxicabs and to taxicabs in cities of the
first class.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "cash flow deficit," "Federal
agency," "government agency," "government obligations," "obligee
of an authority," "qualified financial institution" and "rating
agency" in section 5503 of Title 53 of the Pennsylvania
Consolidated Statutes are reenacted to read:
§ 5503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Cash flow deficit." A cash deficit occurring solely because
revenues and expenditures, even when in balance on a fiscal year
basis or with respect to any other period of computation, are
not received and disbursed at equivalent rates throughout the
fiscal year or other period of computation.
* * *
"Federal agency." The Federal Government, the President of
the United States and any department or corporation, agency or
instrumentality heretofore or hereafter created, designated or
established by the Federal Government.
"Government agency." The Governor, departments, boards,
commissions, authorities and other officers and agencies of this
Commonwealth, including, but not limited to, those which are not
subject to the policy supervision and control of the Governor,
any political subdivision, municipality, municipal or other
local authority and any officer or agency of any such political
subdivision or local authority. The term does not include any
court or other officer or agency of the unified judicial system
or the General Assembly or its officers and agencies.
"Government obligations."
(1) Direct obligations of or obligations the principal
of and interest on which are unconditionally guaranteed by
the Federal Government, including, but not limited to,
evidences of a direct ownership interest in future interest
or principal payments on obligations issued or guaranteed by
the Federal Government, which obligations are held in a
custody account by a custodian under the terms of a custody
agreement.
(2) The term includes obligations issued by any state of
the United States or any political subdivision, public
instrumentality or public authority of any state of the
United States, provision for the full and timely payment of
the principal or premium of and interest on which shall have
been made by deposit with a trustee or escrow agent under an
irrevocable security agreement of obligations described in
paragraph (1).
* * *
"Obligee of an authority." Any holder or owner of any bond
of an authority or any trustee or other fiduciary for any such
holder or any provider of a letter of credit, policy of
municipal bond insurance or other credit enhancement or
liquidity facility for bonds of an authority.
* * *
"Qualified financial institution." A bank, bank and trust
company, trust company, national banking association, insurance
company or other financial services company whose unsecured
long-term debt obligations in the case of a bank, trust company,
national banking association or other financial services company
or whose claims-paying abilities in the case of an insurance
company are rated in any of the three highest rating categories
without reference to subcategories by a rating agency. For
purposes of this definition, the term "financial services
company" includes any investment banking firm or any affiliate
or division thereof which may be legally authorized to enter
into the transactions described in this chapter pertaining,
applicable or limited to a qualified financial institution.
"Rating agency."
(1) The term includes the following:
(i) Standard & Poor's Corporation and any successor
thereto.
(ii) Moody's Investors Service and any successor
thereto.
(iii) Fitch Investors Service, Inc., and any
successor thereto.
(2) If the rating agencies cited in paragraph (1) shall
no longer perform the functions of a securities rating
service, the term shall mean any other nationally recognized
rating service or services.
Section 2. Section 5505(d)(9), (22), (23) and (24) of Title
53 are reenacted and the subsection is amended by adding
paragraphs to read:
§ 5505. Purposes and powers.
* * *
(d) Powers.--An authority has all powers necessary or
convenient for the carrying out of the purposes under this
section, including:
* * *
(9) To fix, alter, charge and collect rates and other
charges for its facilities at reasonable rates to be
determined exclusively by it, subject to appeal under this
paragraph, for the purposes of providing for the payment of
the expenses of the authority; for the construction,
improvement, repair, maintenance and operation of its
facilities and properties; for the payment of the principal
of and interest on its obligations; and for fulfilling the
terms and provisions of agreements made with the purchasers
or holders of such obligations or with the municipality. Any
person questioning the reasonableness of rates fixed by the
authority may bring suit against the authority in the court
of common pleas of the judicial district where the project is
located. The court of common pleas shall have exclusive
jurisdiction to determine the reasonableness of the rates and
other charges. This paragraph supersedes a contrary provision
in any home rule charter, ordinance or resolution.
* * *
(22) In cities of the first class, to serve as the
exclusive impoundment official, exclusive impounding agent or
exclusive towing agent for the enforcement of impoundment
orders pursuant to 75 Pa.C.S. Ch. 63 (relating to
enforcement) and to authorize towing and storage of vehicles
and combinations by private towing agents for such purpose as
necessary.
(23) In cities of the first class, to act as an
independent administrative commission for the regulation of
taxicabs and limousine service.
(24) In cities of the first class, to investigate and
examine the condition and management of any entity providing
taxicab and limousine service.
(25) In cities of the first class, to appoint and fix
the compensation of chief counsel and assistant counsel to
provide it with legal assistance. The provisions of the act
of October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act, shall not apply to parking
authorities in cities of the first class.
(26) In cities of the first class, to pledge,
hypothecate or otherwise encumber all or any of the real or
personal property of the authority as security for all or any
of the obligations of the authority.
* * *
Section 3. Section 5508.1(k) of Title 53 is reenacted,
subsection (o) is reenacted and amended and subsection (q) is
amended to read:
§ 5508.1. Special provisions for authorities in cities of the
first class.
* * *
(k) Compensation.--
(1) The chair selected under subsection (l) shall
receive:
(i) for fiscal year 2001-2002, a salary of $50,000;
and
(ii) for each subsequent fiscal year, a salary to be
determined by the board at not less than $50,000.
(2) Except for the chair, members shall receive $200 per
meeting for their services.
(3) Board members shall be entitled to necessary
expenses, including travel expenses, incurred in the
discharge of duties.
* * *
(o) Management.--
(1) The board has authority to manage the properties and
business of the authority and to prescribe, amend and repeal
bylaws, rules and regulations governing the manner in which
the business of the authority may be conducted and in which
the powers granted to it may be exercised and embodied.
(2) [For] Except as necessary to administer a system of
on-street parking regulations pursuant to subsection (q.1),
for all budgets, contracts, bonds or obligations of any kind
commenced after January 1, 2003, the authority shall not be
required to obtain the approval of an entity or officer under
351 Pa. Code Art. II (relating to legislative branch) or III
(relating to executive and administrative branch--
organization).
* * *
[(q) Funding.--During its fiscal year beginning in 2001, the
authority shall transfer to the general fund of a school
district of the first class coterminous with the parent
municipality that portion of its retained earnings, not to
exceed $45,000,000, which will not jeopardize the authority's
ability to meet debt service payments or to retire outstanding
bonds. In subsequent years the board shall transfer the maximum
amount it deems available for such purpose. The provisions of
section 696(h)(1) of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, shall not apply to
amounts transferred to the school district of the first class
under this subsection.]
* * *
Section 4. Section 5508.2 of Title 53 is reenacted and
amended to read:
§ 5508.2. Additional special provisions for authorities in
cities of the first class; mixed-use projects.
(a) Scope.--This section applies only to cities of the first
class.
(b) Legislative finding.--It is hereby determined and
declared that:
(1) As a matter of legislative finding, the health,
safety and general welfare of the people of this Commonwealth
are directly dependent upon the continual encouragement,
development, growth and expansion of business, industry,
commerce and tourism.
(2) Unemployment, the spread of poverty and the heavy
burden of public assistance and unemployment compensation can
be avoided by the promotion, attraction, stimulation,
development and expansion of business, industry, commerce and
tourism in this Commonwealth through the development of
mixed-use projects by parking authorities in cities of the
first class.
(3) Due to the size, total population and population
density of a city of the first class, it may be inefficient
to devote property within a city of the first class solely to
parking facilities and that development of mixed-use projects
that include a parking component and a commercial,
industrial, residential or retail component can be an
important factor in the continual encouragement, development,
attraction, stimulation, growth and expansion of business,
industry, commerce and tourism within a city of the first
class, the surrounding counties and this Commonwealth as a
whole.
(c) Mixed-use projects.--Without limiting the powers set
forth in section 5505 (relating to purposes and powers), an
authority shall have the power to do all acts that, in the
judgment of the board, are necessary, convenient or useful to
the development or operation of one or more mixed-use projects,
including, [without limitation] with the approval of a city of
the first class, the power to plan, design, locate, acquire,
hold, construct, finance, improve, maintain, operate, own,
lease, either in the capacity of lessor or lessee, land,
buildings, other structures and personal property necessary,
convenient or useful to the development and operation of a
mixed-use project. An authority shall have the power to finance
mixed-use projects by borrowing money and making and issuing
bonds and by making loans which may be evidenced by and secured
as may be provided in loan agreements, mortgages, security
agreements or any other contracts, instruments or agreements
which may contain such provisions as the authority shall deem
necessary, convenient or useful for the security or protection
of the authority or its bondholders. An authority may pledge,
mortgage, hypothecate or otherwise encumber all or any part of
its property, real or personal, constituting all or part of a
mixed-use project, including, but not limited to, the revenues
or receipts of the authority from one or more mixed-use
projects, for all or any of the obligations, including bonds, of
the authority incurred in connection with the development or
operation of a mixed-use project. An authority shall not have
the power to engage in business, trade or commerce for a profit
as an owner or lessee of a mixed-use project or otherwise. An
authority shall have and may exercise the powers set forth in
this section notwithstanding any other provision of law or any
provisions of its articles of incorporation.
(d) Definition.--As used in this section, the term "mixed-
use project" means any project that includes a public parking
garage component and a commercial, industrial, residential or
retail component. In addition to a public parking garage, which
shall be a required component of all mixed-use projects, a
mixed-use project may also include public parking lots. The
commercial, industrial, residential or retail component of a
mixed-use project must be located within, above, below or
contiguous to the parking garage.
Section 5. Title 53 is amended by adding a section to read:
§ 5508.3. Restrictions on authorities in cities of the first
class.
(a) Restricted activities, statement of financial interests;
public meetings and records.--
(1) The following apply:
(i) The provisions of the following statutes are
specifically applicable to board members, officers and
employees of the authority:
(A) The provisions of 65 Pa.C.S. Ch. 11
(relating to ethics standards and financial
disclosure).
(B) The act of July 19, 1957 (P.L.1017, No.451),
known as the State Adverse Interest Act.
(ii) For the purposes of application of statutes
pursuant to subparagraph (i), employees of the authority
shall be regarded as public employees of the
Commonwealth, and officers or board members of the
authority shall be regarded as public officials of the
Commonwealth, whether or not they receive compensation.
(2) The authority shall be subject to and treated as a
Commonwealth agency for purposes of the act of June 21, 1957
(P.L.390, No.212), referred to as the Right-to-Know Law.
(b) Conviction of infamous crime.--No person convicted of an
infamous crime shall be a member of the board or employed as a
management-level employee by the authority.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Infamous crime." Any of the following:
(1) A violation and conviction for an offense which
would disqualify an individual from holding public office
pursuant to section 7 of Article II of the Constitution of
Pennsylvania.
(2) Any conviction for a violation of 18 Pa.C.S. § 4113
(relating to misapplication of entrusted property and
property of government or financial institutions) or 18
Pa.C.S. Ch. 47 (relating to bribery and corrupt influence),
49 (relating to falsification and intimidation), 51 (relating
to obstructing governmental operations) or 53 (relating to
abuse of office).
(3) Any other violation of the laws of this Commonwealth
for which an individual has been convicted within the
preceding ten years and which is classified as a felony.
(4) A violation of the law of any other Federal or state
government which is similar to the crimes listed in
paragraphs (1) through (3).
Section 6. Sections 5510.1 and 5510.2 of Title 53 are
reenacted and amended to read:
§ 5510.1. Management of authority funds in cities of the first
class.
(a) General rule.--
(1) Except as otherwise provided in this chapter, all
funds of an authority received from any source shall be
delivered to the treasurer of the authority or to such other
agent of the authority as the board may designate.
(2) The funds shall be promptly deposited in the name of
the authority in a bank or banks, bank and trust company or
bank and trust companies, trust company or trust companies in
this Commonwealth chosen by the authority.
(3) The moneys in the account or accounts may be
withdrawn or paid out only by check or draft upon the bank,
bank and trust company or trust company, signed by the
treasurer or other designated agent of the authority on
warrant of the treasurer of the authority and countersigned
by the chairman of the board or by such persons as the board
may authorize. Moneys in the account or accounts may be
withdrawn or paid out by electronic funds transfer on
instructions signed and countersigned in the manner provided
for checks or drafts.
(4) The board may designate any of its members or any
officer or employee of the authority to affix the signature
of the chairman to any check or draft for payment of salaries
or wages and for the payment of any other obligation of not
more than $100,000. The executive director may designate any
officer or employee of the authority to affix the signature
of the treasurer to any check or draft for payment of
salaries or wages and for the payment of any other obligation
of not more than $100,000.
(b) Management of funds.--
(1) All bank, bank and trust company or trust company
balances of the authority, to the extent the same are not
insured, shall be continuously secured by a pledge of direct
obligations of the United States, of the Commonwealth or of
any municipality or municipalities in the metropolitan area
having an aggregate market value exclusive of accrued
interest at all times at least equal to the balance on
deposit in such bank, bank and trust company or trust
company. The securities shall either be deposited with the
treasurer of the authority or be held by a trustee or agent
satisfactory to the authority. All depository institutions
are authorized to give security for the deposits.
(2) In the case of money collected or received by the
authority on behalf of a municipality under section
5505(d)(21) (relating to purposes and powers), the money
shall be pledged to the use of the municipality and disbursed
to the municipality as provided by ordinance or resolution.
(3) Subject to the provisions of any agreements with
obligees of the authority, the authority shall have full
power to invest and reinvest its funds as provided in this
chapter, subject, however, to the exercise of that degree of
judgment and care under the circumstances then prevailing
which persons of prudence, discretion and intelligence who
are familiar with such matters exercise in the management of
their own affairs, not in regard to speculation, but in
regard to the permanent disposition of the funds, considering
the probable income to be derived and the probable safety of
the capital.
(4) The board shall provide for an investment program
subject to restrictions contained in this chapter and in any
other applicable statute and any resolutions on this subject
adopted by the board.
(c) Authorized investments.--The authorized types of
investments for authority funds shall be any of the following:
(1) Government obligations.
(2) Debt obligations issued by any of the following
Federal agencies or such other like Federal agencies which
may be designated by the board: Bank for Cooperatives,
Federal Farm Credit Banks, Federal Financing Bank, Federal
Home Loan Bank System, Federal National Mortgage Association,
Export-Import Bank of the United States, Farmers Home
Administration, Resolution Funding Corporation, Small
Business Administration, Student Loan Marketing Association,
Inter-American Development Bank, International Bank for
Reconstruction and Development, Federal Land Banks or
Government National Mortgage Association, and their
predecessor or successor agencies.
(3) Short-term or long-term debt obligations of any
state or political subdivision thereof or any agency or
instrumentality of such a state or political subdivision or
of any municipal corporation, provided that the obligations
are rated by a rating agency in any of the three highest
rating categories, without reference to subcategories,
assigned by the rating agency.
(4) Rights to receive the principal of or the interest
on obligations of states, political subdivisions, agencies or
instrumentalities meeting the requirements set forth in
paragraphs (2) and (3), whether through direct ownership as
evidenced by physical possession of the obligations or
unmatured interest coupons or by registration as to ownership
on the books of the issuer or its duly authorized paying
agent or transfer agent or through the purchase of
certificates or other instruments evidencing an undivided
ownership interest in payments of the principal of or
interest on the obligations.
(5) Negotiable and nonnegotiable certificates of
deposit, time deposits or other similar banking arrangements
which are issued by banks, bank and trust companies, trust
companies or savings and loan associations, provided that,
unless issued by a qualified financial institution, any such
certificate, deposit or other arrangement shall be
continuously secured as to principal in the manner and to the
extent provided in subsection (d).
(6) Repurchase agreements for investment securities
described in paragraph (1) or (2) with a qualified financial
institution or with dealers in government bonds which report
to, trade with and are recognized as primary dealers by a
Federal Reserve Bank and are members of the Securities
Investors Protection Corporation, provided that the
repurchase price payable under any agreement shall be
continuously secured in the manner and to the extent provided
in subsection (d).
(7) Investment agreements with qualified financial
institutions.
(8) Commercial paper rated in the highest rating
category, without reference to subcategories, by a rating
agency.
(9) Shares or certificates in any short-term investment
fund rated in the highest rating category, without reference
to subcategories, by a rating agency, which short-term
investment fund invests solely in obligations described in
paragraphs (1) and (2).
(10) Debt obligations of any foreign government or
political subdivision thereof or any agency or
instrumentality of foreign government or political
subdivision, provided that the obligations are rated by a
rating agency, without reference to subcategories, in the
highest rating category assigned by the rating agency.
(11) Such other investments which at the time of the
acquisition thereof shall be listed as permissible
investments for trust funds in an indenture or resolution
with respect to indebtedness which is incurred under this
chapter.
(d) Security for investment securities.--Any security
required to be maintained as collateral for investment
securities in the form of certificates of deposit, time
deposits, other similar banking arrangements and repurchase
agreements described in subsection (c)(5) and (6) shall be
subject to the following requirements:
(1) The collateral shall be in the form of obligations
described in subsection (c)(1) and (2), except that the
security for certificates of deposit, time deposits or other
similar banking arrangements may include other marketable
securities which are eligible as security for trust funds
under applicable regulations of the Comptroller of the
Currency of the United States of America or under applicable
state laws and regulations.
(2) The collateral shall have an aggregate market value,
calculated not less frequently than monthly, at least equal
to the principal amount (less any portion insured by the
Federal Deposit Insurance Corporation or any comparable
insurance corporation chartered by the United States of
America) or the repurchase price secured thereby, as the case
may be. The instruments governing the issuance of and
security for the Investment Securities shall designate the
person responsible for making the foregoing calculations.
(3) The authority shall have a perfected security
interest in the collateral securing certificates of deposit,
time deposits or other similar banking arrangements, and the
collateral shall be held free and clear of the claims of
third parties. The collateral shall be deposited with the
authority, with a Federal Reserve Bank for the account of the
authority or with a bank, bank and trust company or trust
company (other than the obligor) which is acting solely as
agent for the authority and has a combined net capital and
surplus equal to at least $100,000,000.
(4) Collateral for repurchase agreements shall be held
free and clear of the claims of third parties by the
authority, or by a Federal Reserve Bank for the account of
the authority, or by a bank, bank and trust company or trust
company which is acting solely as agent for the authority and
has a combined net capital and surplus at least equal to
$100,000,000. A perfected first priority security interest
for the benefit of the authority shall be created in the
collateral under Title 13 (relating to commercial code) or
book-entry procedures prescribed by applicable Federal
regulations.
(e) Audit.--An authority shall have at least an annual
examination of its books, accounts and records by a certified
public accountant. A copy of the audit shall be delivered to the
parent municipality, the Governor, the Secretary of the Senate
and the Chief Clerk of the House of Representatives. [If the
authority fails to have an audit, then the] The controller,
auditor or accountant designated by the municipality is
authorized to perform an [examination at the expense of the
authority. The examination may include] annual examination of
the receipts, disbursements, contracts, leases, sinking funds,
investments [and other matters relating to the finances,
operation and affairs of the authority.] relating to the
administration of a system of on-street parking regulations in a
city of the first class pursuant to section 5508.1(q.1)
(relating to special provisions for authorities in cities of the
first class).
(f) Financial statement.--A concise financial statement
shall be published annually at least once in a newspaper of
general circulation in the municipality where the principal
office of the authority is located. If publication is not made
by the authority, the municipality shall publish such statement
at the expense of the authority.
(g) Attorney General.--The Attorney General shall have the
right to examine the books, accounts and records of an
authority.
(h) Applicability.--This section shall only apply to
authorities in cities of the first class.
§ 5510.2. Special funds in cities of the first class.
(a) General rule.--An authority, under resolutions adopted
from time to time by the board, may establish and create such
special funds as may be found desirable by the board and, in and
by such resolutions, may provide for payments into all special
funds from specified sources with such preferences and
priorities as may be deemed advisable and may provide for the
custody, disbursement and application of any moneys in any such
special funds consistent with the provisions of this chapter and
consistent with generally accepted accounting principles. The
authority shall maintain the [First Class City Taxicab]
Philadelphia Taxicab and Limousine Regulatory Fund as a separate
fund from all other funds.
(b) Applicability.--This section shall only apply to
authorities in cities of the first class.
Section 6.1. Sections 5510.3, 5510.4 and 5510.5 of Title 53
are reenacted to read:
§ 5510.3. Bonds in cities of the first class.
(a) General rule.--
(1) The bonds of the authority shall be authorized by
resolution of the board. The resolution shall specify all of
the following:
(i) Series.
(ii) Date or dates of maturity.
(iii) Interest at such rate or rates, fixed or
variable, as shall be determined by the board as
necessary to issue and sell the authorized bonds.
(iv) Denominations.
(v) Form, either coupon or fully registered without
coupons.
(vi) Certificated or book-entry-only form.
(vii) Registration and exchangeability and
interchangeability privileges.
(viii) Medium of payment and place of payment.
(ix) Terms of redemption.
(x) Priorities of payment in the revenues or
receipts of the authority as the resolution or trust
indenture adopted or approved by the authority may
provide.
(2) The bonds shall be signed by or shall bear the
facsimile signatures of such officers as the board shall
determine, and coupon bonds shall have attached thereto
interest coupons bearing the facsimile signature of the
treasurer of the authority, and all bonds shall be
authenticated by an authenticating agent, fiscal agent or
trustee, all as may be prescribed in the resolution or trust
indenture.
(3) Any such bonds may be issued and delivered
notwithstanding that one or more of the officers signing
bonds or the treasurer whose facsimile signature shall be
upon the coupon, or any thereof, shall have ceased to be an
officer or officers at the time when the bonds shall actually
be delivered.
(4) The proceeds of an issue of bonds may be used to pay
the costs of a project, subject to the limitations of
subsection (b), to finance any cash flow deficit of the
authority, to reimburse any costs of a project initially paid
by the authority or any person, to fund any required
reserves, to capitalize interest or to pay costs of issuance,
including, but not limited to, costs of obtaining credit
enhancement for the bonds.
(b) Maturity.--Bonds issued to finance the costs of a
project shall mature at such time or times not exceeding 40
years from their respective dates of original issue as the
authority shall by resolution determine. Bonds issued in
anticipation of income of the authority shall mature within one
fiscal year after the fiscal year of the date of issuance
thereof except for bonds issued in anticipation of grants with
respect to the cost of a project, which bonds shall mature no
later than six months beyond the time of anticipated receipt of
the final payment of the grant.
(c) Sale.--
(1) Bonds may be sold at public sale or invited sale for
such price or prices and at such rate or rates of interest as
the authority shall determine. Bonds may be sold at private
sale by negotiation at such price or prices and at such rate
or rates of interest as the authority shall determine, but
only if the authority makes a written public explanation of
the circumstances and justification for the private sale by
negotiation.
(2) Pending the preparation of the definitive bonds,
interim receipts may be issued to the purchaser or purchasers
of such bonds and may contain such terms and conditions as
the authority may determine.
(d) Negotiable instruments.--Bonds of an authority shall
have the qualities of negotiable instruments under Title 13
(relating to commercial code).
(e) Refunding.--
(1) Subject to the provisions of the outstanding bonds,
notes or other obligations issued under this chapter or prior
acts and subject to the provisions of this chapter, the
authority shall have the right and power to refund any
outstanding debt, whether the debt represents principal or
interest, in whole or in part, at any time.
(2) As used in this subsection, "refund" and its
variations shall mean the issuance and sale of obligations
the proceeds of which are used or are to be used for the
payment or redemption of outstanding obligations upon or
prior to maturity. Refunding bonds shall mature at such time
or times not exceeding 40 years from their dates of original
issuance as the authority shall determine by resolution.
(f) Credit of Commonwealth and political subdivisions not
pledged.--Under no circumstances shall any bonds issued by the
authority or any other obligation of the authority be or become
an indebtedness or liability of the Commonwealth or of any
government agency, provided that any government agency may
guarantee bonds of an authority to the extent and for the
purposes for which the government agency may make loans or
grants to an authority.
(g) Nonliability.--Neither the board members, any employees
of the authority nor any person executing the bonds shall be
liable personally on any bonds by reason of the issuance
thereof. Bonds of an authority shall contain a statement of the
limitation set forth in this subsection.
(h) Bonds deemed valid.--Any bond reciting in substance that
it has been issued by the authority to accomplish the public
purposes of this chapter shall be conclusively deemed in any
suit, action or proceeding involving the validity or
enforceability of the bonds or security therefor to have been
issued for such purpose.
(i) Notice and challenges.--
(1) The authority may cause a copy of any resolution
authorizing the issuance of bonds adopted by it to be filed
for public inspection in its office and in the office of the
clerk of the governing body of each county and the governing
body of a city of the first class and may thereupon cause to
be published in a newspaper published or circulating in its
service area a notice stating the fact and date of the
adoption, the places where the resolution has been so filed
for public inspection, the date of publication of the notice
and that any action or proceeding of any kind or nature in
any court questioning the validity or proper authorization of
bonds provided for by the resolution or the validity of any
covenants, agreements or contract provided for by such
resolution shall be commenced within 20 days after the
publication of the notice.
(2) If any notice shall at any time be published and if
no action or proceeding questioning the validity or proper
authorization of bonds provided for by the resolution or the
validity of any covenants, agreements or contract provided
for by such resolution shall be commenced within 20 days
after the publication of the notice, then all residents,
taxpayers and owners of property in a city of the first class
and all other persons whatsoever shall be forever barred and
foreclosed from instituting or commencing any action or
proceeding in any court or pleading any defense to any action
or proceedings questioning the validity or proper
authorization of such bonds or the validity of any such
covenants, agreements or contracts, and said bonds,
covenants, agreements and contracts shall be conclusively
deemed to be valid and binding obligations in accordance with
their terms and tenor.
(3) After issuance of bonds, all bonds shall be
conclusively presumed to be fully authorized and issued by
all the laws of this Commonwealth, and any person shall be
estopped from questioning their sale, execution or delivery
by the authority.
(j) Applicability.--This section shall only apply to
authorities in cities of the first class.
§ 5510.4. Contracts with obligees of an authority in cities of
the first class.
(a) General rule.--Except as otherwise provided in any
resolution of an authority authorizing or awarding bonds, the
terms thereof and of this chapter as in effect when the bonds
were authorized shall constitute a contract between the
authority and obligees of the authority, subject to modification
in such manner as the resolution, the trust indenture securing
such bonds or the bonds shall provide.
(b) Applicability.--This section shall only apply to
authorities in cities of the first class.
§ 5510.5. Commonwealth pledges in cities of the first class.
(a) General rule.--The Commonwealth does hereby pledge to
and agree with:
(1) Any person, firm or corporation, government agency,
whether in this Commonwealth or elsewhere, or Federal agency
subscribing to or acquiring the bonds to be issued by the
authority that the Commonwealth will not limit or alter the
rights hereby vested in the authority in any manner
inconsistent with the obligations of the authority to the
obligees of the authority until all bonds at any time issued,
together with the interest thereon, are fully paid or
provided for. The Commonwealth does further pledge to and
agree with any Federal agency that, in the event that any
Federal agency shall contribute any funds for the authority
or any project, the Commonwealth will not alter or limit the
rights and powers of the authority in any manner which would
be inconsistent with the due performance of any agreements
between the authority and any Federal agency.
(2) Any person who, as owner thereof, leases or
subleases property to or from an authority that the
Commonwealth will not limit or alter the rights and powers
hereby vested in the authority or otherwise created by this
chapter in any manner which impairs the obligations of the
authority until all obligations of the authority under the
lease or sublease are fully met and discharged.
(b) Applicability.--This section shall only apply to
authorities in cities of the first class.
Section 6.2. Section 5510.6 of Title 53 is reenacted and
amended to read:
§ 5510.6. Provisions of bonds and trust indentures in cities
of the first class.
(a) General rule.--In connection with the issuance of bonds
or the incurring of obligations under leases and in order to
secure the payment of the bonds and obligations, the authority,
in addition to its other powers, shall have the power to:
(1) Pledge or grant a security interest, senior, parity
or subordinated, in all or any part of its revenues, to which
its right then exists or may thereafter come into existence.
(2) Grant a lien on or a security interest, senior,
parity or subordinated, in all or any part of its real or
personal property then owned or thereafter acquired. This
paragraph does not apply to the [First Class City Taxicab]
Philadelphia Taxicab and Limousine Regulatory Fund.
(3) Provide for the issuance of unsecured bonds, limited
recourse bonds or nonrecourse bonds.
(4) Enter into trust indentures securing bonds,
including, but not limited to, master trust indentures.
(5) Covenant against pledging or granting a lien on or
security interest in all or any part of its revenues or all
or any part of its real or personal property to which its
right or title exists or may thereafter come into existence
or against permitting or suffering any lien on the revenues
or property, covenant with respect to limitations on its
right to sell, lease or otherwise dispose of any of its real
property and covenant as to which other or additional debts
or obligations may be incurred by it.
(6) Covenant as to the bonds to be issued and as to the
issuance of such bonds, in escrow or otherwise, and as to the
use and disposition of the proceeds thereof, provide for the
replacement of lost, destroyed or mutilated bonds, covenant
against extending the time for the payment of its bonds or
interest thereon and covenant for the redemption of bonds and
provide the terms and conditions thereof.
(7) Covenant as to the amount of revenues to be raised
in each fiscal year or other period of time by the authority
as well as to the use and disposition to be made thereof,
create or authorize the creation of special funds for debt
service or other purposes and covenant as to the use and
disposition of the moneys held in such funds.
(8) Prescribe the procedure, if any, by which the terms
of any contract with obligees of the authority may be
supplemented, amended or abrogated, prescribe which
supplements or amendments will require the consent of
obligees of the authority and the amount of bonds to be held
by obligees to effect such consent and prescribe the manner
in which such consent may be given.
(9) Covenant as to the use of any or all of its real or
personal property, warrant its title and covenant as to the
maintenance of its real and personal property, the
replacement thereof, the insurance to be carried thereon and
the use and disposition of insurance proceeds.
(10) Covenant as to the rights, liabilities, powers and
duties arising upon the breach by it of any covenant,
condition or obligation.
(11) Vest in the obligees of the authority or any
proportion of them the right to enforce the payment of the
bonds or any covenants securing or relating to the bonds,
vest in a trustee the right in the event of default by the
authority to take possession and use, operate and manage any
real or personal property and to collect the rents and
revenues arising therefrom and to dispose of such moneys in
accordance with the agreement of the authority with such
trustee, provide for the powers and duties of a trustee and
to limit liabilities thereof and provide the terms and
conditions upon which the trustee or the obligees of the
authority or any proportion of them may enforce any covenant
or rights securing or relating to the bonds.
(12) Negotiate and enter into interest rate exchange
agreements, interest rate cap, collar, corridor, ceiling and
floor agreements, forward agreements, float agreements and
other similar arrangements which, in the judgment of the
authority, will assist the authority in managing the interest
costs of the authority.
(13) Obtain letters of credit, bond insurance and other
facilities for credit enhancement and liquidity.
(14) Exercise all or any part or combination of the
powers granted in this section to make covenants other than
and in addition to the covenants expressly authorized in this
section, to make such covenants and to do any and all such
acts and things as may be necessary or convenient or
desirable in order to secure its bonds or, in the absolute
discretion of the authority, as will tend to accomplish the
purposes of this chapter by making the bonds more marketable,
notwithstanding that such covenants, acts or things may not
be specifically enumerated in this section.
(15) The revenues of the authority and the real and
tangible personal property of the authority shall be pledged
or otherwise encumbered only as expressly provided in this
section and, except to the extent necessary to effectuate
such pledge or encumbrance, shall not be subject to
attachment nor levied upon by execution or otherwise.
(b) Applicability.--This section shall only apply to
authorities in cities of the first class.
Section 6.3. Section 5510.7 of Title 53 is amended to read:
[§ 5510.7. Funds collected on behalf of a municipality.
(a) General rule.--Funds collected or received by the
authority on behalf of a municipality under section 5505(d)(21)
(relating to purposes and powers) shall not be deemed to
constitute revenues and receipts of the authority under this
chapter or be subject to any debt or obligation of the
authority.
(b) Applicability.--This section shall only apply to
authorities in cities of the first class.]
Section 6.4. Sections 5510.8, 5510.9, 5510.10 and 5510.11 of
Title 53 are reenacted to read:
§ 5510.8. Bonds to be legal investments.
(a) General rule.--Bonds issued under this chapter are
hereby made securities in which all public officers and the
instrumentalities and agencies of the Commonwealth and its
political subdivisions, all insurance companies, banks, bank and
trust companies, trust companies, banking associations, banking
corporations, savings banks, investment companies, executors,
trustees, the trustees of any retirement, pension or annuity
fund or system of the Commonwealth and other fiduciaries may
properly and legally invest funds, including capital, deposits
or other funds in their control or belonging to them. These
bonds are hereby made securities which may properly and legally
be deposited with and received by any Commonwealth or municipal
officer or any agency or instrumentality or political
subdivision of the Commonwealth for any purpose for which the
deposit of bonds or other obligations of the Commonwealth now or
may hereafter be authorized by law.
(b) Applicability.--This section shall only apply to
authorities in cities of the first class.
§ 5510.9. Validity of pledge.
(a) General rule.--Any pledge of or grant of a lien on or
security interest in revenues of an authority or real or
personal property of an authority made by an authority shall be
valid and binding from the time when the pledge is made, the
revenues or other property so pledged and thereafter received by
the authority making such pledge shall immediately be subject to
the lien of any such pledge, lien or security interest without
any physical delivery thereof or further act, and the lien of
any such pledge or security interest shall be valid and binding
as against all parties having claims of any kind in tort,
contract or otherwise against the authority irrespective of
whether the parties have notice thereof. Neither the resolution
nor any other instrument of the authority by which a pledge,
lien or security interest is created need be recorded or filed
to perfect such pledge or security interest.
(b) Applicability.--This section shall only apply to
authorities in cities of the first class.
§ 5510.10. Security interest in funds and accounts.
(a) General rule.--Any moneys deposited in any fund created
by the authority pledged to be used to pay debt service on bonds
of the authority, including any sinking fund or debt service
reserve fund, and all investments and proceeds of investments
thereof shall, without further action or filing, be subjected to
a perfected security interest for the obligees of the authority
with respect to the bonds until such moneys or investments shall
be properly disbursed in accordance with this chapter and
subject to the terms of any trust indenture or other contract
between the authority and the obligees of the authority with
respect to the bonds.
(b) Applicability.--This section shall only apply to
authorities in cities of the first class.
§ 5510.11. Limitation on authority under Federal bankruptcy
code.
(a) General rule.--So long as an authority shall have
outstanding any bonds issued under this chapter, the authority
shall not be authorized to file a petition for relief under 11
U.S.C. Chapter 9 (relating to adjustment of debts of a
municipality), and no public officer or agency or
instrumentality of the Commonwealth shall authorize the
authority to become a debtor under 11 U.S.C. Chapter 9 so long
as any bonds issued under this chapter are outstanding.
(b) Applicability.--This section shall only apply to
authorities in cities of the first class.
Section 6.5. Section 5511(a)(1), (b) and (h) of Title 53 are
amended and the section is amended by adding a subsection to
read:
§ 5511. Competition in award of contracts.
(a) Services.--
(1) Except as set forth in paragraph (2), all
construction, reconstruction, repair or work of any nature
made by an authority if the entire cost, value or amount,
including labor and materials, exceeds [$10,000] $25,000
shall be done only under contract to be entered into by the
authority with the lowest responsible bidder upon proper
terms after public notice asking for competitive bids as
provided in this section.
* * *
(b) Supplies and materials.--All supplies and materials
costing at least [$10,000] $25,000 shall be purchased only after
advertisement as provided in this section. The authority shall
accept the lowest bid, kind, quality and material being equal,
but the authority shall have the right to reject any or all bids
or select a single item from any bid. The provisions as to
bidding shall not apply to the purchase of patented and
manufactured products offered for sale in a noncompetitive
market or solely by a manufacturer's authorized dealer.
* * *
(h) Evasion.--
(1) An authority may not evade the provisions of this
section as to bids or purchasing materials or contracting for
services piecemeal for the purpose of obtaining prices under
[$10,000] $25,000 upon transactions which should, in the
exercise of reasonable discretion and prudence, be conducted
as one transaction amounting to more than [$10,000] $25,000.
* * *
(i) Procurement.--Notwithstanding any provision of this
chapter or of Title 62 (relating to procurement) to the
contrary, an authority shall be considered a State-affiliated
entity for purposes of compliance with Title 62.
Section 6.6. Section 5701 of Title 53 is reenacted and
amended to read:
§ 5701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Authority." A parking authority in a city of the first
class.
"First Class City Taxicab Regulatory [Fund" or "fund.] Fund."
A fund formerly administered by the [authority to which all
moneys collected pursuant to the requirements of this chapter
shall be deposited and from which all expenses and costs
associated with administration and enforcement of this chapter
shall be paid. Money deposited in the fund shall not be used for
any purpose not specified in this chapter] Pennsylvania Public
Utility Commission under the former 66 Pa.C.S. Ch. 24 (relating
to taxicabs in first class cities).
["Limousine service." Local, nonscheduled common carrier
service for passengers on an exclusive basis for compensation.
The term does not include taxicab service, paratransit service
or employee commuter van pooling.]
"Limousine service."
(1) Except as provided in paragraph (2), a motor vehicle
providing any of the following services:
(i) Local, nonscheduled common carrier service for
passengers on an exclusive basis for compensation.
(ii) Common carrier service for passengers for
compensation:
(A) from any airport, railroad station or hotel
located in whole or in part in a city of the first
class; or
(B) to any airport, railroad station or hotel
located in whole or in part in a city of the first
class from a point within the city of the first
class.
(2) The term does not include any of the following:
(i) Taxicab service.
(ii) Service that was otherwise exempt from the
jurisdiction of the commission prior to the effective
date of this subparagraph.
(iii) Other paratransit service.
(iv) Employee commuter van pooling.
"Philadelphia Taxicab and Limousine Regulatory Fund" or
"fund." A fund administered by the authority established by
section 5708 (relating to fund) for fulfilling the purposes of
this chapter to regulate taxicabs and limousines in a city of
the first class.
"[Taxi driver's] Driver's certificate." A certificate or
permit to drive a taxicab or limousine issued pursuant to
section [5719] 5706 (relating to driver certification program).
"Taxicab." A motor vehicle designed for carrying no more
than eight passengers, exclusive of the driver, on a call or
demand basis and used for the transportation of persons for
compensation.
Section 7. Title 53 is amended by adding a section to read:
§ 5701.1. Legislative findings.
The General Assembly finds and declares as follows:
(1) The health, safety and general welfare of the people
of this Commonwealth are directly dependent upon the
continual encouragement, development, growth and expansion of
business, industry, commerce and tourism.
(2) Unemployment, the spread of poverty and the heavy
burden of public assistance and unemployment compensation can
be avoided by the promotion, attraction, stimulation,
development and expansion of business, industry, commerce and
tourism in this Commonwealth through the development of a
clean, safe, reliable and well-regulated taxicab and
limousine industry locally regulated by parking authorities
in cities of the first class.
(3) Due to the size, total population, population
density and volume of both tourism and commerce of a city of
the first class, it may be more efficient to regulate the
taxicab and limousine industries through an agency of the
Commonwealth with local focus than an agency with diverse
Statewide regulatory duties. Well-regulated local focus on
improving those industries can be an important factor in the
continual encouragement, development, attraction,
stimulation, growth and expansion of business, industry,
commerce and tourism within a city of the first class, the
surrounding counties and this Commonwealth as a whole.
Section 8. Section 5702 of Title 53 is reenacted to read:
§ 5702. Advisory committee.
(a) Establishment.--There is hereby established an advisory
committee to be known as the City of the First Class Taxicab and
Limousine Advisory Committee. The authority shall submit to the
advisory committee issues and questions for their consideration
regarding the regulation, enforcement, compliance and operation
of taxicabs and limousines in cities of the first class. The
advisory committee may thoroughly consider the questions and
issues submitted by the authority and may prepare and transmit
to the authority and the public written comments. The advisory
committee may submit suggestions and proposals to the authority
in writing on topics considered important by a majority of the
members. All actions of the advisory committee shall be
considered strictly advisory, and the authority shall give
careful and due consideration to the comments and proposals of
the advisory committee.
(b) Membership.--
(1) The advisory committee shall consist of the
following members:
(i) Ten members appointed by the chairman of the
authority or his designee as follows:
(A) One taxi driver.
(B) One medallion owner.
(C) One dispatch owner.
(D) One member of the public who utilizes
taxicabs or limousines.
(E) One limousine owner.
(F) One representative of the hospitality
industry from a list of five nominees assembled by
the Philadelphia Convention and Visitors Bureau.
(G) One resident of a second class A county.
(H) One resident of a third class county.
(I) One representative of the Philadelphia
International Airport.
(J) One representative of a major train station
in a city of the first class.
(ii) One member appointed by the mayor of a city of
the first class or his designee.
(iii) One member appointed by the Public Utility
Commission.
(2) The advisory committee may consist of up to ten
additional members appointed by the chairman of the authority
or his designee.
(c) Terms.--The members shall serve two-year terms, except
that one half of the initial appointees shall be appointed for a
one-year term and one half of the initial appointees shall be
appointed for a two-year term. No member shall serve more than
three consecutive terms.
(d) Officers.--The authority shall designate a chairman,
vice chairman and secretary of the advisory committee from the
members of the advisory committee.
(e) Quorum.--A majority of the members of the advisory
committee plus one additional member shall constitute a quorum.
(f) Compensation.--Members of the advisory committee shall
not receive any compensation for the performance of their
duties.
Section 9. Section 5703 of Title 53 is reenacted and amended
to read:
§ 5703. Rates.
(a) Rates to be just and reasonable.--Every rate made [,
demanded or received by a] for authority-certified taxicab [or],
limousine or medallion taxicab service shall be just and
reasonable and in conformity with regulations or orders of the
authority.
(b) Tariffs.--Under regulations as the authority may
prescribe, every taxicab or limousine service shall file with
the authority, within the time and in the form as the authority
may designate, tariffs showing all rates established by it and
collected or enforced or to be collected or enforced within
cities of the first class. Every taxicab or limousine service
shall keep copies of tariffs open to public inspection under
rules and regulations as the authority may prescribe. Upon
request, the taxicab or limousine service shall make available
at least one copy of any rate filing at a convenient location
and for a reasonable length of time within a city of the first
class for inspection and study by customers.
(c) Adherence to tariffs.--No taxicab or limousine service
shall, directly or indirectly, by any device whatsoever or in
any way, demand or receive from any person, corporation or
municipal corporation a greater or lesser rate for any service
rendered or to be rendered by the taxicab or limousine service
than that specified in the tariffs of the taxicab or limousine
service.
(d) Discrimination in rates.--No taxicab or limousine
service shall make or grant any unreasonable preference or
advantage to any person, corporation or municipal corporation or
subject any person, corporation or municipal corporation to any
unreasonable prejudice or disadvantage concerning its rate. No
taxicab or limousine service shall establish or maintain any
unreasonable difference as to rates. This subsection shall not
prohibit the establishment of reasonable zone or group systems
or classifications of rates.
(e) Voluntary changes in rates.--
(1) Unless the authority otherwise orders, no taxicab or
limousine service shall make any change in any existing and
duly established rate except after 60 days' notice to the
authority which shall plainly state the changes proposed to
be made in the rates then in force and the time when the
changed rates will go into effect. The taxicab or limousine
service shall also give notice of the proposed changes to
other interested persons as the authority, in its discretion,
may direct. The notices regarding the proposed changes which
are provided shall be in plain, understandable language as
the authority prescribes. All proposed changes shall be shown
by filing new tariffs or supplements to existing tariffs
filed and in force at the time. The authority, for good cause
shown, may allow changes in rates without requiring the 60
days' notice under conditions as it may prescribe.
(2) Whenever there is filed with the authority by any
taxicab or limousine service any tariff stating a new rate,
the authority may, either upon complaint or upon its own
motion and upon reasonable notice, conduct a hearing
concerning the lawfulness of the rate. Pending the hearing
and its outcome, the authority, upon filing the tariff and
delivering to the taxicab or limousine service affected a
statement in writing of its reasons may, at any time before
it becomes effective, suspend the operation of the rate for a
period not longer than nine months from the time it would
otherwise become effective. The rate in force when the tariff
stating the new rate was filed shall continue in force during
the period of suspension unless the authority shall establish
a temporary rate. The authority shall consider the effect of
the suspension in finally determining and prescribing the
rates to be charged and collected by the taxicab or limousine
service.
(3) If, after the hearing conducted pursuant to
paragraph (2), the authority finds any rate to be unjust or
unreasonable or in any way in violation of law, it shall
determine the just and reasonable rate to be charged or
applied by the taxicab or limousine service for the service
in question and shall fix the rate by order to be served upon
the taxicab or limousine service. The rate shall then be
observed until changed.
(f) Temporary rates.--The authority may, in any proceeding
involving the rates of a taxicab or limousine service, after
reasonable notice and hearing and, if the public interest
requires, immediately fix, determine and prescribe temporary
rates to be charged by a taxicab or limousine service, pending
the final determination of the rate proceeding.
(g) Fair return.--In fixing any rate of a taxicab or
limousine service engaged exclusively as a common carrier by
motor vehicle, the authority may fix the fair return by relating
the fair and reasonable operating expenses, depreciation, taxes
and other costs of furnishing service to operating revenues.
(h) Refunds.--If, in any proceeding involving rates, the
authority determines that any rate received by a taxicab or
limousine service was unjust or unreasonable or was in violation
of any regulation or order of the authority or was in excess of
the applicable rate contained in an existing and effective
tariff of the taxicab or limousine service, the authority shall
have the power to make an order requiring the public utility to
refund the amount of any excess paid by any patron.
Section 10. Section 5704 of Title 53 is reenacted to read:
§ 5704. Power of authority to require insurance.
The authority may, by regulation or order, prescribe for a
taxicab or limousine service requirements as it may deem
necessary for the protection of persons or property of their
patrons and the public, including the filing of surety bonds,
the carrying of insurance or the qualifications and conditions
under which carriers may act as self-insurers with respect to
the requirements.
Section 10.1. Title 53 is amended by adding sections to
read:
§ 5705. Contested complaints.
(a) Adjudication.--Contested complaints brought before the
authority alleging violations of this chapter or rules and
regulations promulgated by the authority pursuant to this
chapter shall be assigned by the authority to a hearing officer
for adjudication. Hearing officers assigned to cases pursuant to
this chapter may be removed by the authority only for good cause
shown. Following the taking and receiving of evidence, the
hearing officer shall issue a decision which determines the
merits of the complaint and assesses a penalty if warranted. The
hearing officer may require the filing of briefs prior to
issuing a decision. The hearing officer's decision shall not be
subject to exception or administrative appeal. In its
discretion, the authority may exercise review of a hearing
officer's decision within 15 days of the date of issuance. If
the authority does not perform a timely review of a hearing
officer's decision, the decision will become a final order
without further authority action. The authority may establish
orders or regulations which designate rules and procedures for
the adjudication of complaints brought pursuant to this chapter.
(b) Commencement of complaints.--Authority enforcement
officers, Pennsylvania Public Utility Commission enforcement
officers and police officers or licensing officials within
cities of the first class may commence and prosecute the
following:
(1) A complaint which is brought before the authority
pursuant to this chapter and authority regulations applicable
to taxicab or limousine operations in cities of the first
class.
(2) A complaint which:
(i) arises out of service to or from a city of the
first class against a taxicab or limousine operation not
certified to provide service between points within a city
of the first class; and
(ii) is brought before the commission to enforce
commission regulations for taxicab or limousine service.
(c) Other penalties.--Nothing in this section shall be
deemed to limit the ability of any city of the first class to
prosecute violations and seek criminal penalties in a court of
law.
§ 5706. Driver certification program.
(a) General rule.--The authority shall provide for the
establishment of a driver certification program for drivers of
taxicabs and limousines within cities of the first class.
Standards for fitness of all drivers shall be established under
such rules and regulations as the authority may prescribe. The
authority may revoke or suspend a driver's certificate upon a
finding that the individual is not fit to operate a taxicab or
limousine, as applicable. Each applicant for a driver's
certificate shall pay a fee in an amount to be determined
pursuant to the requirements of section 5707 (relating to budget
and fees). Upon approval, a picture driver's certificate will be
issued to an applicant. No individual shall operate a taxicab or
limousine at any time unless the individual is certified as a
driver by the authority. Each certified driver shall carry and
display in full view a driver's certificate at all times of
operation of a taxicab or limousine. The authority may establish
orders or regulations which designate additional requirements
governing the certification of drivers and the operation of
taxicabs or limousines by drivers, including, but not limited
to, dress codes for drivers.
(b) Violations.--Operating a taxicab or limousine without a
driver's certificate or authorizing or permitting the operation
of a taxicab or limousine by a driver who is not certified as a
driver by the authority within cities of the first class is a
nontraffic summary offense in the first instance and a
misdemeanor of the third degree for each offense thereafter. The
authority may, by regulation, provide for suspension and
revocation of drivers' certificates for violations of this
chapter and authority regulations.
(c) Agreements delegating responsibilities.--The authority
is hereby authorized to enter into agreements or contracts
delegating the duties and responsibilities designated in
subsection (a) to a different governmental entity or to another
party.
§ 5707. Budget and fees.
(a) Initial budget and fees.--The authority shall complete
an initial budget and fee schedule necessary to advance the
purposes of this chapter. The fee schedule shall include all
fees for initial issuance of a medallion, transfer of a
medallion and all taxicab and limousine certificates. The
authority's initial budget and fee schedule shall be submitted
to the Appropriations Committee of the Senate and the
Appropriations Committee of the House of Representatives. Unless
either the Senate or the House of Representatives acts to
disapprove through adoption of a resolution within ten
legislative days from the date of submittal, the authority's fee
schedule shall become effective, and the authority shall notify
each certificate holder of the initial fee schedule.
(b) Fiscal year budget and fees.--The fiscal year for the
fund shall commence on July 1 of each year. Before March 15 of
each year, the authority shall submit a budget and proposed fee
schedule, necessary to advance the purposes of this chapter, for
the coming fiscal year along with comprehensive financial data
from the past fiscal year to the Appropriations Committee of the
Senate and the Appropriations Committee of the House of
Representatives. Unless either the Senate or the House of
Representatives acts to disapprove through adoption of a
resolution by April 15 of each year, the authority fee schedule
shall become effective. The authority shall notify all
certificate holders of the fee schedule for the coming fiscal
year. The procedure for notifying certificate holders must be
specified in the regulations of the authority. If either the
Senate or the House of Representatives acts to disapprove the
authority's fee schedule and budget, the authority may submit a
revised budget and fee schedule to the Appropriations Committee
of the Senate and the Appropriations Committee of the House of
Representatives within 15 days of such disapproval or shall
utilize the fee schedule and budget for the prior year. Unless
either the Senate or the House of Representatives acts to
disapprove, through adoption of a resolution within ten
legislative days from the date of submission of the revised
budget and fee schedule, the revised budget and fee schedule of
the authority shall become effective.
(c) Philadelphia Taxicab and Limousine Regulatory Fund.--
Money deposited in the Philadelphia Taxicab and Limousine
Regulatory Fund is hereby specifically appropriated for the
purposes of this chapter and shall not be used for any purpose
not specified in this chapter. All interest earned by the fund
and all refunds or repayments shall be credited to the fund.
(d) Examination of records.--The chairperson and the
minority chairperson of the Appropriations Committee of the
Senate and the chairperson and the minority chairperson of the
Appropriations Committee of the House of Representatives shall
have the right to examine the books, accounts and records of the
authority at any time.
§ 5708. Fund.
(a) Establishment.--The Philadelphia Taxicab and Limousine
Regulatory Fund is established. The fund shall consist of the
following accounts, which shall be kept separate and not
commingled:
(1) Taxicab Account.
(2) Limousine Account.
(3) Other accounts as determined by the authority.
(b) Use of funds.--Money in the fund may be used as follows:
(1) Except as provided by subsection (c), money
deposited in the Taxicab Account is specifically appropriated
for the purposes of this chapter only as it relates to the
regulation of taxicabs and shall not be used for limousine
regulation and for any purpose not specified by this chapter.
(2) Except as provided by subsection (c), money
deposited in the Limousine Account is specifically
appropriated for the purposes of this chapter only as it
relates to the regulation of limousines and shall not be used
for taxicab regulation and for any purpose not specified by
this chapter.
(c) Shared regulatory expenses.--Expenses to the fund that
are not exclusively related to either taxicabs or limousines
shall be divided as follows:
(1) Except as provided by paragraph (2), any expense
incurred by the authority for the regulation of taxicabs and
limousines which is not exclusively related to either
taxicabs or limousines shall be divided and charged to both
the Taxicab Account and the Limousine Account in a fair and
equitable manner as determined by the authority.
(2) Any expense incurred by the authority for the
regulation of taxicabs and limousines which is not
exclusively related to either taxicabs or limousines and the
relative share of those costs cannot be determined shall be
divided in a fair and equitable manner between the Taxicab
Account and the Limousine Account as determined by the
authority, and the authority may adjust this measure from
time to time.
(d) Revenues.--All sources of revenue, including fees and
other revenues, interest earned by the fund, refunds, repayments
and other deposits, shall be credited as follows:
(1) All revenues exclusively related to taxicabs shall
be deposited in the Taxicab Account.
(2) All revenues exclusively related to limousines shall
be deposited in the Limousine Account.
(3) All revenues that are not exclusively related to
either taxicabs or limousines shall be divided in a manner
determined by the authority to be fair and equitable.
(e) Borrowing from the account.--As may be necessary to
fulfill its duty in carrying out this chapter, the authority may
borrow money from one account established by this section for
the purpose of the other account established by this section
provided that the borrowed amount is repaid.
(f) Allocation of revenue and expenses.--The authority, at
its discretion, may allocate expenses and revenues to the
appropriate accounts.
§ 5709. Transfer of money from fund.
All money in the First Class City Taxicab Regulatory Fund is
appropriated to the Taxicab Account under section 5708(a)(1)
(relating to fund) upon the effective date of this section.
Obligations of the First Class City Taxicab Regulatory Fund
shall be charged to the Taxicab Account. Revenue due to the
First Class City Taxicab Regulatory Fund shall be transferred
and deposited to the Taxicab Account.
Section 10.2. Section 5711 of Title 53 is reenacted and
amended to read:
§ 5711. Power of authority to issue certificates of public
convenience.
(a) General rule.--In addition to the powers conferred upon
the authority by other provisions of this title, the authority
is empowered to issue certificates of public convenience in
accordance with this subchapter.
(b) Application.--Every application for a certificate of
public convenience shall be made to the authority in writing, be
verified by oath or affirmation and be in such form and contain
such information as the authority may require.
(c) Procedure.--
(1) A certificate of public convenience to provide
taxicab service within cities of the first class shall be
granted by order of the authority without proof of the need
for the service if the authority finds or determines that the
applicant is capable of providing dependable taxicab service
to the public according to the rules and regulations of the
authority.
(2) The authority is authorized to issue a maximum of
1,600 certificates of public convenience for taxicab service
and no more than five certificates of public convenience for
limited service in any city of the first class.
(3) It is hereby declared to be the policy of the
General Assembly to regulate the provision of taxicab service
within cities of the first class in such a manner that any
certificate of public convenience hereinafter granted by
order of the authority shall, in addition to any other
conditions imposed by the authority, require that at least
40% of such trips of such taxicab service shall be derived
from such service provided to and from points within specific
geographical areas to be determined by the authority as being
in the public interest. The authority shall have the power to
rescind or revoke any certificate of public convenience
granted to any existing holder or any new recipient for the
operation of taxicabs within a city of the first class
whenever it is shown that the holder of the certificate is
not operating the taxicabs on an average of 50% of the time
over any consecutive three-month period.
(4) The authority shall have the authority to grant
immediate temporary certificates of public convenience for
taxicab service within cities of the first class. Such
temporary certificates are subject to further investigation
before a permanent certificate shall be granted by the
authority.
(5) The transfer of a certificate of public convenience,
by any means or device, shall be subject to the prior
approval of the authority which may, in its sole or peculiar
discretion as it deems appropriate, attach such conditions,
including the appropriate allocation of proceeds, as it may
find to be necessary or proper.
(6) A certificate of public convenience to convey or
transmit to and from taxicabs messages or communications
within cities of the first class through the use of
centralized dispatch systems shall be granted by order of the
authority if the authority finds that the applicant is
capable of providing dependable service according to the
rules and regulations of the authority.
Section 10.3. Sections 5712 and 5713 of Title 53 are
reenacted to read:
§ 5712. Medallion system.
(a) System.--There is a medallion system within cities of
the first class in order to provide holders of certificates of
public convenience which authorize citywide call or demand
service the opportunity to upgrade and improve the operations of
taxicabs. In the case of a corporate certificate holder, a
medallion shall be issued in the name of the corporation to its
corporate president. The medallion shall be marked with the
taxicab number assigned to the corresponding certificate of
public convenience.
(b) Requirement.--Notwithstanding 75 Pa.C.S. § 1305(b)
(relating to application for registration), before registering
any taxi which is required to obtain a certificate of public
convenience from the authority to operate in a city of the first
class, the Department of Transportation shall require evidence
that the certificate has been issued and has not been revoked or
has not expired.
§ 5713. Property and licensing rights.
(a) Property rights.--Medallions are property and may not be
revoked or canceled by the authority. Medallions may be pledged
to lenders or creditors as security on debt. All lenders or
creditors who, after the effective date of this section, accept
a medallion as security shall do so in conformance with 13
Pa.C.S. (relating to commercial code). If a lender or creditor
executes on or seizes a medallion, it shall immediately notify
the authority in writing. Any sale of the medallion, upon
seizure or execution, shall occur at authority offices pursuant
to the requirements of section 5718 (relating to restrictions)
within one year of the seizure or execution. If the medallion is
not sold within one year, the medallion will become
nontransferable, and possession must be surrendered to the
authority unless the authority finds exigent circumstances exist
which warrant extending the one-year period.
(b) Licensing rights.--A certificate of public convenience
is a licensing right which accompanies each medallion and
authorizes the operation of one taxicab within a city of the
first class. No property interest shall exist in the certificate
itself. A certificate may not be pledged to lenders or creditors
as security on debt. A certificate may be canceled by the
authority, upon due cause shown, for violation of this
subchapter or authority regulations. If the authority cancels a
certificate, the certificate holder shall have the right to sell
the accompanying medallion within six months of the date of
cancellation, and the certificate holder must turn the medallion
over to the authority office within five days of cancellation of
the certificate for safekeeping until the medallion is sold.
This six-month time period shall be extended during the pendency
of a petition for reinstatement of the certificate of public
convenience. If the medallion is not sold within the statutory
period, the medallion will become nontransferable, and
possession must be surrendered to the authority.
Section 11. Section 5714 of Title 53 is reenacted and
amended to read:
§ 5714. Certificate and medallion required.
(a) Procedure.--A vehicle may not be operated as a taxicab
with citywide call or demand rights in cities of the first class
unless a certificate of public convenience is issued by an
authority authorizing the operation of the taxicab and a
medallion is attached to the hood of the vehicle. Prior to the
issuance of a medallion, the certificate holder shall have its
vehicle inspected by the authority. The authority shall require,
by order or regulation, that each medallion holder submit to a
periodic vehicle inspection of its taxicab by authority
personnel to ensure that the vehicle meets the requirements of
this subchapter and authority regulations. Authority inspection
requirements shall be in addition to the vehicle requirements
set forth in Title 75 (relating to vehicles). Authority
inspection and recording requirements shall be established by
regulations. No vehicle which is more than eight years old shall
continue in operation as a taxicab. Notwithstanding the
foregoing, the authority may authorize the operation of antique
vehicles in call or demand service in such circumstances as the
authority may deem appropriate. Each medallion holder's tariff
rates shall be clearly and visibly displayed in each taxicab. A
medallion shall not be removed from a vehicle without prior
notification to and permission of the authority. A medallion
authorizes operation of a vehicle as a taxicab only for the
fiscal year for which the medallion is issued.
(b) Protective barrier.--Each taxicab within cities of the
first class shall be equipped with a protective barrier for the
protection of the driver, separating the front seat from the
back seat. The authority may provide for additional driver
protection measures by order or regulation.
(c) Service.--A vehicle authorized by a certificate to
provide call or demand service within cities of the first class
may transport persons and their baggage upon call or demand and
parcels, packages and property at the same basic metered rates
charged to passengers:
(1) between points in the city of the first class for
which its certificate is issued;
(2) from any point in the city of the first class for
which its certificate is issued to any point in this
Commonwealth;
(3) from any point in this Commonwealth to any point in
the city of the first class for which its certificate is
issued if the request for service for such transportation is
received by call to its centralized dispatch system; and
(4) from any point in the city of the first class for
which its certificate is issued to any point outside this
Commonwealth as a continuous part of a trip.
(d) Other vehicles.--
(1) A vehicle which is not authorized by a certificate
to provide call or demand service within cities of the first
class but which is operated by the holder of a certificate of
public convenience from the Pennsylvania Public Utility
Commission authorizing call or demand service elsewhere in
this Commonwealth may transport persons and property:
(i) to cities of the first class in accordance with
the service authorized under its certificate of public
convenience; and
(ii) from any point in a city of the first class to
any point in this Commonwealth beyond that city of the
first class if the request for service for such
transportation is received by call to its radio dispatch
service.
(2) Carriers currently authorized to provide service to
designated areas within cities of the first class on a non-
citywide basis shall retain their authorization through the
authority. The authority shall not grant additional rights to
new or existing carriers to serve designated areas within
cities of the first class on a non-citywide basis.
(e) Penalties involving certificated taxicabs.--Operating a
certificated taxicab in violation of subsections (a) and (b) or
authorizing or permitting such operation is a nontraffic summary
offense. Offenders of subsections (a) and (b) may also be
subject to civil penalties pursuant to section 5725 (relating to
civil penalties).
(f) Unauthorized vehicles.--Operating an unauthorized
vehicle as a taxicab, or giving the appearance of offering call
or demand service with an unauthorized vehicle, without first
having received a certificate of public convenience and a
medallion is a nontraffic summary offense in the first instance
and a misdemeanor of the third degree for each offense
thereafter. The owner and the driver of a vehicle being operated
as or appearing as a taxicab without a certificate of public
convenience and a medallion are also subject to civil penalties
pursuant to section 5725. Civil penalties which have been
assessed and collected shall be deposited in the fund.
(g) Confiscation and impoundment of vehicles.--
(1) In addition to penalties provided for in subsection
(f), [police officers in cities of the first class are] the
authority is empowered to confiscate and impound vehicles
[and equipment], medallions and equipment which are utilized
to provide call or demand service without a proper
certificate of public convenience [and a medallion.] in
cities of the first class or which are in violation of
regulations of the authority. Upon satisfaction of all
penalties imposed and all outstanding fines assessed against
the owner or operator of the [unauthorized] confiscated
vehicle and payment of the [city's] costs of the authority
associated with confiscation and impoundment, the vehicle,
medallion and equipment shall be returned to its [owner.
Failure to timely satisfy these conditions within 90 days of
impoundment may result in the sale of confiscated property by
a city of the first class at auction. Proceeds received from
the sale of confiscated property, after payment of the city's
costs associated with confiscation, shall be deposited into
the fund.] registered owner or registered lienholder.
(2) (i) If an owner or operator does not satisfy all
penalties imposed and all outstanding fines assessed
within 45 days of the date of impoundment, the authority
may publicly auction all confiscated property.
(ii) The authority shall, at least 30 days before
the date of the public auction, provide notice by regular
mail to the registered owner and any registered
lienholder of the public auction of confiscated vehicles
and equipment. The notice required under this
subparagraph may be provided within the period of 45 days
of the date of impoundment.
(3) The authority shall apply the proceeds from the sale
of all confiscated property in the following order:
(i) To the costs of the authority associated with
the confiscation, impoundment and auction.
(ii) To all penalties imposed and all outstanding
fines assessed against the owner and operator of the
confiscated property.
(iii) Except as provided in subparagraph (v), to the
lien of any registered lienholder of the confiscated
property upon demand.
(iv) Except as provided in subparagraph (v), to the
registered owner of the confiscated property upon demand.
(v) When not claimed by any registered lienholder or
registered owner within one year of the auction date,
remaining proceeds shall be deposited into the fund.
(g.1) Assessment.--After application of the proceeds from
the sale of confiscated property under subsection (f), the
uncompensated costs of the authority associated with the
confiscation, impoundment and auction and all outstanding
penalties imposed and all outstanding fines assessed against the
registered owner or operator of the confiscated property may be
assessed against the registered owner or operator of the
confiscated property as the authority may prescribe by
regulation.
(h) Counterfeit medallions.--The manufacture or possession
of a counterfeit medallion is a misdemeanor of the third degree
for each offense.
Section 11.1. Section 5715 of Title 53 is amended to read:
[§ 5715. Contested complaints.
(a) Adjudication.--Contested complaints brought before the
authority alleging violations of this subchapter or rules and
regulations promulgated by the authority pursuant to this
subchapter shall be assigned by the authority to a hearing
officer for adjudication. Hearing officers assigned to cases
pursuant to this subchapter may be removed by the authority only
for good cause shown. Following the taking and receiving of
evidence, the hearing officer shall issue a decision which
determines the merits of the complaint and assesses a penalty if
warranted. In extraordinary circumstances, the hearing officer
may require the filing of briefs prior to issuing a decision.
The hearing officer's decision shall not be subject to exception
or administrative appeal. In its discretion, the authority may
exercise review of a hearing officer's decision within 15 days
of the date of issuance. If the authority does not exercise its
authority to review a hearing officer's decision, the decision
will become a final order without further authority action. The
authority may establish orders or regulations which designate
rules and procedures for the adjudication of complaints brought
pursuant to this subchapter.
(b) Commencement of complaints.--Authority enforcement
officers, Pennsylvania Public Utility Commission enforcement
officers and police officers or licensing officials within
cities of the first class may commence and prosecute complaints
Act text part 2
brought before the authority pursuant to this subchapter and
authority regulations applicable to taxicab operations in cities
of the first class.
(c) Other penalties.--Nothing in this section shall be
deemed to limit the ability of any city of the first class to
prosecute violations and seek criminal penalties in a court of
law.]
Section 11.2. Section 5716 of Title 53 is reenacted to read:
§ 5716. Reissuance of medallion.
Within 30 days of the close of each fiscal year, a medallion
holder shall apply to obtain from the authority a reissued
medallion for a fee in an amount to be determined pursuant to
the requirements of section 5723 (relating to budget and fees).
Each year's medallion shall designate the year of issuance and
shall be identifiable by a distinctive tint or color and shape
to be determined by the authority. A medallion may not be issued
by the authority unless all outstanding authority fines,
penalties and fees have been paid in full and unless all
insurance, tariff and vehicle inspection filings are current.
Immediately prior to reissuance of a medallion, a medallion
holder shall remove the prior year's medallion from the hood of
its taxicab and surrender it to the authority. Upon reissuance,
the new medallion shall be immediately attached to the vehicle.
Section 11.3. Section 5717 of Title 53 is reenacted and
amended to read:
§ 5717. Additional certificates and medallions.
Subject to the limits established in section 5711(c)
(relating to power of authority to issue certificates of public
convenience), the authority may increase the number of
certificates and medallions if it finds a need for additional
taxicab service in cities of the first class by issuing
certificates and corresponding medallions to applicants on a
first-come-first-served basis. Each applicant shall pay a fee in
an amount equal to the reasonable market value of the medallions
at the time of issuance as determined by the authority. The fee
is payable prior to the time of issuance. In determining the
reasonable market value of a medallion, the authority shall
consider the purchase price in medallion transactions over the
prior year as reflected in authority records. The authority in
its discretion may hold hearings to determine the reasonable
market value of a medallion. In no case shall the number of
citywide call or demand service taxicab certificates and
medallions issued by the authority exceed 1,600 each.
Section 11.4. Section 5718 of Title 53 is reenacted and
amended to read:
§ 5718. Restrictions.
(a) Place of transaction.--A medallion may not be sold or
transferred to another party unless the closing of the sales
transaction occurs at authority offices in the presence of a
designated authority staff member. The authority staff member
shall witness the execution of each contract of sale to evidence
staff presence at the execution. All contracts for the sale of
medallions which are not executed at authority offices and
witnessed by an authority staff member are void by operation of
law. All sales contracts shall conform to such rules and
regulations as the authority may prescribe. Prior to each
closing, the buyer of the medallion shall pay a fee in an amount
to be determined pursuant to the requirements of section [5723]
5707 (relating to budget and fees).
(b) Issuance of certificate.--Upon the witnessing of a sale
of a medallion and upon application of the purchaser and
compliance with authority tariff, insurance and inspection
requirements, the authority staff shall issue an accompanying
certificate to the new medallion holder unless the authority
determines that the transfer of the certificate is inconsistent
with the public interest. Where there is a determination that a
transfer is not in the public interest, the new medallion holder
shall have six months from the date the adverse determination is
entered to sell the medallion to a new owner. If a sale is not
consummated before authority personnel within six months, the
medallion will become nontransferable, and possession must be
surrendered to the authority.
(c) Criminal records.--No person or corporation may purchase
a medallion or apply for a certificate if the person or
corporation or an officer or director of the corporation has
been convicted or found guilty of a felony within the five-year
period immediately preceding the transfer. All applications for
a certificate shall contain a sworn affidavit certifying that
the purchaser has not been convicted of a felony in the previous
five years. If, at any time, the authority finds that a
medallion holder has been convicted of a felony while holding
the medallion or during the five years immediately preceding its
purchase, the authority shall cancel the corresponding
certificate.
Section 11.5. Section 5719 of Title 53 is amended to read:
[§ 5719. Driver certification program.
(a) General rule.--The authority shall provide for the
establishment of a driver certification program for drivers of
taxicabs within cities of the first class. Standards for fitness
of taxi drivers shall be established under such rules and
regulations as the authority may prescribe. The authority may
revoke or suspend a taxi driver's certificate upon a finding
that the individual is not fit to operate a taxicab. Each
applicant for a taxi driver's certificate shall pay a fee in an
amount to be determined pursuant to the requirements of section
5723 (relating to budget and fees). Upon approval, a picture
taxi driver's certificate will be issued to an applicant. No
individual shall operate a taxicab at any time unless the
individual is certified as a taxi driver by the authority. Each
certified taxi driver shall carry and display in full view a
taxi driver's certificate at all times of operation of a
taxicab. The authority may establish orders or regulations which
designate additional requirements governing the certification of
drivers and the operation of taxicabs by drivers, including, but
not limited to, dress codes for drivers.
(b) Violations.--Operating a taxicab without a taxi driver's
certificate or authorizing or permitting the operation of a
taxicab by a driver who is not certified as a taxi driver within
cities of the first class is a nontraffic summary offense in the
first instance and a misdemeanor of the third degree for each
offense thereafter. The authority may, by regulation, provide
for suspension and revocation of taxi drivers' certificates for
violations of this subchapter and authority regulations.
(c) Agreements delegating responsibilities.--The authority
is hereby authorized to enter into agreements or contracts
delegating the duties and responsibilities designated in
subsection (a) to a different governmental entity or to another
party.]
Section 11.6. Section 5720 of Title 53 is reenacted and
amended to read:
§ 5720. Wages.
(a) Minimum wage.--Each medallion holder shall pay at least
a prevailing minimum wage rate or, in the alternative, charge at
most a prevailing maximum lease amount to the drivers of its
taxicab, as determined by the authority upon investigation. The
minimum wage rate and the maximum lease amount, as established
by the authority, may include employee benefits.
(b) Uniform rates.--All taxicabs [within] with citywide call
and demand rights in cities of the first class shall charge a
uniform rate to passengers, as determined by the authority upon
investigation.
(c) Reopen investigations.--Any [medallion holder or
licensed] holder of a certificate of public convenience or
certified driver may petition the authority to reopen the
investigations addressed by subsections (a) and (b) no less than
18 months after the close of the preceding investigation.
Section 12. Section 5721 of Title 53 is reenacted to read:
§ 5721. Centralized dispatcher.
In cities of the first class, all medallion holders shall
utilize the services of a centralized dispatch system. Any owner
of a centralized dispatch system shall make such system
available to all medallion holders for a reasonable fee, as
described in a rate schedule to be filed with the authority. The
authority, in its discretion, may review the rate schedules of
dispatch associations to determine if rates charged discriminate
against new applicants. Medallion holders shall utilize only
centralized dispatch systems that are in conformance with
authority rules and regulations. Medallion holders shall have no
obligation to use any particular centralized dispatch system.
Section 13. Section 5722 of Title 53 is reenacted and
amended to read:
§ 5722. Regulations.
The authority may prescribe such rules and regulations as it
deems necessary to govern the regulation of taxicabs within
cities of the first class under this [subchapter.] chapter. The
authority has the powers set forth in this section
notwithstanding any other provision or law or of the articles of
incorporation of the authority.
Section 13.1. Section 5723 of Title 53 is amended to read:
[§ 5723. Budget and fees.
(a) Initial budget and fees.--The authority shall complete
an initial budget and fee schedule. The fee schedule shall
identify the initial fees for initial issuance of a medallion,
transfer of a medallion and issuance of a taxi driver's license.
The authority's initial budget and fee schedule shall be
submitted to the Appropriations Committee of the Senate and the
Appropriations Committee of the House of Representatives. Unless
either the Senate or the House of Representatives acts to
disapprove through adoption of a resolution within ten
legislative days from the date of submittal, the authority's fee
schedule shall become effective, and the authority shall notify
each medallion holder by certified letter of the initial fee
schedule.
(b) Fiscal year budget and fees.--The fiscal year for the
fund shall commence on July 1 of each year. Before March 15 of
each year, the authority shall submit a budget and proposed fee
schedule for the coming fiscal year along with comprehensive
financial data from the past fiscal year to the Appropriations
Committee of the Senate and the Appropriations Committee of the
House of Representatives. Unless either the Senate or the House
of Representatives acts to disapprove through adoption of a
resolution by June 15 of each year, the authority fee schedule
shall become effective. The authority shall notify all medallion
holders of the fee schedule for the coming fiscal year by
certified letter. If either the Senate or the House of
Representatives acts to disapprove the authority's fee schedule
and budget, the authority shall utilize the fee schedule and
budget for the prior year.
(c) First Class City Taxicab Regulatory Fund.--Money
deposited in the First Class City Taxicab Regulatory Fund is
hereby specifically appropriated for the purposes of this
chapter and shall not be used for any purpose not specified in
this chapter. All interest earned by the fund and all refunds or
repayments shall be credited to the fund.
(d) Examination of records.--The chairperson and the
minority chairperson of the Appropriations Committee of the
Senate and the chairperson and the minority chairperson of the
Appropriations Committee of the House of Representatives shall
have the right to examine the books, accounts and records of the
authority at any time.]
Section 14. Sections 5724 and 5725 of Title 53 are reenacted
to read:
§ 5724. Criminal penalties.
For the purpose of this subchapter, any person or corporation
convicted of:
(1) a summary offense shall be sentenced to pay a fine
of $500 and may be sentenced to a term of imprisonment not to
exceed 90 days or both; or
(2) a misdemeanor shall be sentenced to pay a fine of
$2,500 and may be sentenced to a term of imprisonment not to
exceed one year or both.
§ 5725. Civil penalties.
(a) General rule.--If any person or corporation subject to
this subchapter shall violate any of the provisions of this
subchapter or shall do any matter or thing prohibited under this
subchapter; or shall fail, omit, neglect or refuse to perform
any duty enjoined upon it by this subchapter; or shall fail,
omit, neglect or refuse to obey, observe and comply with any
regulation or final direction, requirement, determination or
order made by the authority or to comply with any final
judgment, order or decree made by any court, the person or
corporation for the violation, omission, failure, neglect or
refusal shall forfeit and pay to the Commonwealth a sum not
exceeding $1,000 to be recovered by an action of assumpsit
instituted in the name of the Commonwealth. In construing and
enforcing the provisions of this section, the violation,
omission, failure, neglect or refusal of any officer, agent or
employee acting for or employed by the person or corporation
shall in every case be deemed to be the violation, omission,
failure, neglect or refusal of the person or corporation.
(b) Continuing offenses.--Each and every day's continuance
in the violation of any regulation or final direction,
requirement, determination or order of the authority, or of any
final judgment, order or decree made by any court, shall be a
separate and distinct offense. If any interlocutory order of
supersedeas or a preliminary injunction be granted, no penalties
shall be incurred or collected for or on account of any act,
matter or thing done in violation of such final direction,
requirement, determination, order or decree so superseded or
enjoined for the period of time such order of supersedeas or
injunction is in force.
Section 15. Section 5741 of Title 53 is reenacted and
amended to read:
§ 5741. Certificate of public convenience required.
(a) General rule.--In order to operate a limousine service
within a city of the first class, the limousine service must
have a certificate of public convenience [must be] issued by the
authority[.] under section 5741.1 (relating to power of
authority). The authority may grant a certificate of public
convenience to provide limousine service if the authority
determines that the applicant is capable of providing safe,
adequate, lawful and dependable service to the public. The
authority may by regulation define categories of limousine
service. The authority may separately grant certificates of
public convenience for each category of limousine service and
specify the rights associated with the certificates of public
convenience by category of limousine service.
(a.1) Advance reservation limousine service.--A vehicle
authorized by a certificate of public convenience issued by the
authority to provide limousine service within a city of the
first class may transport persons and their baggage upon advance
reservation:
(1) between points in the city of the first class for
which its certificate is issued;
(2) from any point in the city of the first class for
which its certificate is issued to any point in this
Commonwealth;
(3) from any point in this Commonwealth to any point in
the city of the first class for which its certificate issued;
and
(4) from any point in the city of the first class for
which its certificate is issued to any point outside this
Commonwealth as part of a continuous trip.
(a.2) Other limousine service.--A vehicle authorized by a
certificate of public convenience issued by the authority to
provide nonexclusive, scheduled limousine service may transport
persons and their baggage to or from any airport, railroad
station or hotel located in whole or in part in a city of the
first class without advance reservation in accordance with rules
and regulations established by the authority.
(a.3) Commission limousine certificate holders.--A vehicle
which is not authorized by a certificate of public convenience
issued by the authority to provide limousine service in a city
of the first class but which is operated by the holder of a
certificate of public convenience from the commission
authorizing limousine service elsewhere in this Commonwealth may
transport persons and their baggage:
(1) to a city of the first class upon advance
reservation and in accordance with the service authorized
under its certificate of public convenience; and
(2) from any point in a city of the first class to any
point in this Commonwealth beyond the city of the first class
upon advance reservation in accordance with the service
authorized under its certificate of public convenience,
excluding service from any airport, railroad station and
hotel located in whole or in part in a city of the first
class.
(b) Enforcement.--
(1) The provisions of this subchapter and the rules and
regulations promulgated by the authority pursuant to this
subchapter shall be enforced within cities of the first class
by authority personnel.
(2) The Pennsylvania Public Utility Commission may
initiate actions before the authority.
(c) Restrictions.--Certificates issued pursuant to this
subchapter shall be nontransferable unless a transfer is
approved by the authority.
(d) Penalties involving certified limousines.--Operating a
certificated limousine in violation of this subchapter and
authority regulations with regard to limousine service in a city
of the first class or authorizing or permitting such operation
is a nontraffic summary offense. Offenders may also be subject
to civil penalties pursuant to section 5745 (relating to civil
penalties).
(e) Unauthorized vehicles.--Operating an unauthorized
vehicle as a limousine or giving the appearance of offering
limousine service with an unauthorized vehicle, without first
having received a certificate of public convenience, is a
nontraffic summary offense in the first instance and a
misdemeanor of the third degree for each subsequent offense. The
owner and the driver of a vehicle being operated as a limousine
without a certificate of public convenience are also subject to
civil penalties pursuant to section 5745. Civil penalties which
have been assessed and collected shall be deposited in the fund.
(f) Confiscation and impoundment of vehicles.--
(1) In addition to penalties provided for in subsections
(d) and (e), the authority is empowered to confiscate and
impound vehicles and equipment which are utilized to provide
limousine service without a proper certificate of public
convenience in a city of the first class or which are in
violation of regulations of the authority. Upon satisfaction
of all penalties imposed and all outstanding fines assessed
against the owner or operator of the confiscated vehicle and
equipment and payment of the authority's costs associated
with confiscation and impoundment, the vehicle and equipment
shall be returned to its registered owner or registered
lienholder.
(2) (i) If an owner or operator does not satisfy all
penalties imposed and all outstanding fines assessed
within 45 days of the date of impoundment, the authority
may publicly auction all confiscated property.
(ii) The authority shall, at least 30 days before
the date of the public auction, provide notice by regular
mail to the registered owner and any registered
lienholder of the public auction of confiscated vehicles
and equipment. The notice required under this
subparagraph may be provided within the period of 45 days
of the date of impoundment.
(3) The authority shall apply the proceeds from the sale
of all confiscated property in the following order:
(i) To the costs of the authority associated with
the confiscation, impoundment and auction.
(ii) To all penalties imposed and all outstanding
fines assessed against the owner and operator of the
confiscated property.
(iii) Except as provided in subparagraph (v), to the
lien of any registered lienholder of the confiscated
property upon demand.
(iv) Except as provided in subparagraph (v), to the
registered owner of the confiscated property upon demand.
(v) When not claimed by any registered lienholder or
registered owner within one year of the auction date,
remaining proceeds shall be deposited into the fund.
(f.1) Assessment.--After application of the proceeds from
the sale of confiscated property under subsection (f), the
uncompensated costs of the authority associated with the
confiscation, impoundment and auction and all outstanding
penalties imposed and all outstanding fines assessed against the
registered owner or operator of the confiscated property may be
assessed against the registered owner or operator of the
confiscated property as the authority may prescribe by
regulation.
Section 16. Title 53 is amended by adding a section to read:
§ 5741.1. Power of authority.
(a) General rule.--In addition to the other powers conferred
upon the authority by other provisions of this title, the
authority is empowered to issue certificates of public
convenience in accordance with this subchapter.
(b) Application.--An application for a certificate of public
convenience must be made to the authority in writing, be
verified by oath or affirmation, be in the form required by the
authority and contain information required by the authority.
(c) Procedure.--
(1) The authority has the power to rescind or revoke a
certificate of public convenience granted to an existing
holder or a new recipient for the operation of limousines
within a city of the first class.
(2) The authority has the power to grant immediate
temporary certificates of convenience for limousine service
within cities of the first class. Temporary certificates are
subject to further investigation before a permanent
certificate shall be granted by the authority.
(3) The transfer of a certificate of public convenience
by any means or device shall be subject to the prior approval
of the authority, which may attach conditions it deems
proper.
Section 17. Section 5742 of Title 53 is reenacted and
amended to read:
§ 5742. Regulations.
The authority is authorized to prescribe such rules and
regulations as it deems necessary to administer and enforce
[this chapter.] the regulation of limousine service certified
through the authority under this chapter. The authority has the
powers set forth in this section notwithstanding any other
provision of law or of the authority's articles of
incorporation.
Section 18. Section 5743 of Title 53 is amended to read:
[§ 5743. Budget and fees.
(a) Initial budget and fees.--The authority shall complete
an initial budget and fee schedule. The fee schedule shall
identify the initial fees for the holder of a certificate of
public convenience for limousine service. The authority's
initial budget and fee schedule shall be submitted to the
Appropriations Committee of the Senate and the Appropriations
Committee of the House of Representatives. Unless either the
Senate or the House of Representatives acts to disapprove
through adoption of a resolution within ten legislative days
from the date of submittal, the authority's fee schedule shall
become effective, and the authority shall notify each
certificate holder by certified letter of the initial fee
schedule.
(b) Fiscal year budget and fees.--The fiscal year for the
fund shall commence on July 1 of each year. Before March 15 of
each year, the authority shall submit a budget and proposed fee
schedule for the coming fiscal year along with comprehensive
financial data from the past fiscal year to the Appropriations
Committee of the Senate and the Appropriations Committee of the
House of Representatives. Unless either the Senate or the House
of Representatives acts to disapprove through adoption of a
resolution by June 15 of each year, the authority fee schedule
shall become effective. The authority shall notify all
certificate holders of the fee schedule for the coming fiscal
year by certified letter. If either the Senate or the House of
Representatives acts to disapprove the authority's fee schedule
and budget, the authority shall utilize the fee schedule and
budget for the prior year.
(c) First Class City Taxicab Regulatory Fund.--Money
deposited in the First Class City Taxicab Regulatory Fund is
hereby specifically appropriated for the purposes of this
chapter and shall not be used for any purpose not specified in
this chapter. All interest earned by the fund and all refunds or
repayments shall be credited to the fund.
(d) Examination of records.--The chairperson and the
minority chairperson of the Appropriations Committee of the
Senate and the chairperson and the minority chairperson of the
Appropriations Committee of the House of Representatives shall
have the right to examine the books, accounts and records of the
authority at any time.]
Section 18.1. Sections 5744 and 5745 of Title 53 are
reenacted to read:
§ 5744. Criminal penalties.
For the purpose of this subchapter, any person or corporation
convicted of:
(1) a summary offense shall be sentenced to pay a fine
of $500 and may be sentenced to a term of imprisonment not to
exceed 90 days or both; or
(2) a misdemeanor shall be sentenced to pay a fine of
$2,500 and may be sentenced to a term of imprisonment not to
exceed one year or both.
§ 5745. Civil penalties.
(a) General rule.--If any person or corporation subject to
this subchapter shall violate any of the provisions of this
subchapter or shall do any matter or thing prohibited under this
subchapter; or shall fail, omit, neglect or refuse to perform
any duty enjoined upon it by this subchapter; or shall fail,
omit, neglect or refuse to obey, observe and comply with any
regulation or final direction, requirement, determination or
order made by the authority or to comply with any final
judgment, order or decree made by any court, the person or
corporation for the violation, omission, failure, neglect or
refusal shall forfeit and pay to the Commonwealth a sum not
exceeding $1,000 to be recovered by an action of assumpsit
instituted in the name of the Commonwealth. In construing and
enforcing the provisions of this section, the violation,
omission, failure, neglect or refusal of any officer, agent or
employee acting for or employed by the person or corporation
shall in every case be deemed to be the violation, omission,
failure, neglect or refusal of the person or corporation.
(b) Continuing offenses.--Each and every day's continuance
in the violation of any regulation or final direction,
requirement, determination or order of the authority, or of any
final judgment, order or decree made by any court, shall be a
separate and distinct offense. If any interlocutory order of
supersedeas or a preliminary injunction be granted, no penalties
shall be incurred or collected for or on account of any act,
matter or thing done in violation of such final direction,
requirement, determination, order or decree so superseded or
enjoined for the period of time such order of supersedeas or
injunction is in force.
Section 19. The provisions of 66 Pa.C.S. §§ 510(b)(5) and
1103(c) and 66 Pa.C.S. Ch. 24 are repealed.
Section 20. The following provisions shall not apply to or
affect the validity of any contract otherwise within the purview
of such provisions entered into by the Pennsylvania Public
Utility Commission prior to the effective date of this section:
(1) The reenactment of 53 Pa.C.S. § 5505(d)(23).
(2) The reenactment of 53 Pa.C.S. § 5508.1(o).
(2.1) The reenactment of 53 Pa.C.S. § 5508.2.
(3) The reenactment of 53 Pa.C.S. §§ 5510.1 through
5510.11.
(4) The reenactment, amendment or addition of 53 Pa.C.S.
§§ 5701, 5701.1, 5702, 5703, 5704, 5705, 5706, 5707, 5711,
5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719, 5720, 5721,
5722, 5723, 5724, 5725, 5741, 5741.1, 5742, 5743, 5744 and
5745.
(5) Section 19 of this act.
(6) Section 21 of this act.
(7) Section 22 of this act.
(8) Section 24 of this act.
Section 21. The following provisions do not affect any act
done, liability incurred or right accrued or vested or affect
any civil or criminal proceeding pending or to be commenced to
enforce any right or penalty or punish any offense under any
provision of law repealed by section 4 of this act:
(1) The reenactment of 53 Pa.C.S. § 5508.1(o).
(2) The reenactment of 53 Pa.C.S. § 5508.2.
(3) The reenactment of 53 Pa.C.S. §§ 5510.1 through
5510.11.
(4) The reenactment, amendment or addition of 53 Pa.C.S.
§§ 5701, 5701.1, 5702, 5703, 5704, 5705, 5706, 5707, 5711,
5712, 5713, 5714, 5715, 5716, 5717, 5718, 5719, 5720, 5721,
5722, 5723, 5724, 5725, 5741, 5741.1, 5742, 5743, 5744 and
5745.
(5) The provisions of 66 Pa.C.S. §§ 510(b)(5) and
1103(c) and Ch. 24.
(6) Section 20 of this act.
(7) Section 22 of this act.
(8) Section 24 of this act.
Section 22. The following shall apply:
(1) The Pennsylvania Public Utility Commission's
appropriations, allocations, documents, records, equipment,
materials, powers, duties, contracts, rights and obligations
which are utilized or accrue in connection with the functions
under 66 Pa.C.S. Ch. 24 and in connection with limousine
regulation in cities of the first class shall be transferred
to the Philadelphia Parking Authority in accordance with an
agreement between the commission and the authority.
(2) Regulations, orders, programs and policies of the
commission under 66 Pa.C.S. Ch. 24 and concerning limousine
service regulation within cities of the first class shall
remain in effect until specifically amended, rescinded or
altered by the authority.
(3) The State Treasurer shall coordinate with the
authority and transfer the First Class City Taxicab
Regulatory Fund to the authority. Upon transfer, fiduciary
responsibility over the fund shall pass from the State
Treasurer to the authority.
(4) The commission shall assist the authority to prepare
for the transfer and to ensure a smooth transition with as
little disruption as possible to public safety, consumer
convenience and the impacted industries. The commission and
the authority are empowered to resolve by mutual agreement
any jurisdictional issues that may be associated with the
transfer. Any agreement shall be reported to the
Appropriations Committee of the Senate and the Appropriations
Committee of the House of Representatives and will be
considered effective unless either the Senate or the House of
Representatives rejects the submitted agreement by resolution
within ten legislative days of submission. Upon becoming
effective, an agreement shall be published in the
Pennsylvania Bulletin.
(4.1) Any revenues generated by a taxicab or limousine
while operating under the jurisdiction of the authority shall
be exempt from assessment by the commission. The provisions
of this paragraph shall have no effect on the fees allowed to
be charged by the authority in accordance with the provisions
of section 5707.
(5) As soon as is practical but no later than 60 days
after the effective date of this paragraph, subject to
negotiations between the commission and the authority, the
authority shall notify all current employees of the
commission whose jobs would be impacted by the transfer of
its intention to hire. All employees who receive and accept
offers to be transferred shall be employees of the authority,
and the authority shall make provisions to transfer longevity
credits, payroll credits and other personnel benefits, except
for retirement accounts, in a fair and reasonable manner.
Notwithstanding the provisions of 53 Pa.C.S. §§ 5505(d)(8)
and (20) and 5508.1(1), any ordinance of any city of the
first class or any agreement or contract between a city of
the first class and the authority, the pension and retirement
rights of employees of the commission at the time of the
transfer whose jobs are impacted by the transfer and who
receive and accept offers to be transferred and be employees
of the authority upon the transfer of the funds and programs
pursuant to this section shall be determined by the
provisions of 71 Pa.C.S. Pt. XXV and for such employees the
authority shall have the obligations and duties of employers
under Pt. XXV. The authority shall make every reasonable
effort to provide a position similar to that held with the
commission.
(6) Reasonable costs of transfer of the Pennsylvania
Public Utility Commission shall be paid by the First Class
City Taxicab Regulatory Fund.
(7) Employees of the Philadelphia Parking Authority who
were employees of the Pennsylvania Public Utility Commission
immediately prior to becoming employees of the Philadelphia
Parking Authority and who have been continuously employed by
the Philadelphia Parking Authority since the time of becoming
an employee of the Philadelphia Parking Authority shall not,
after termination of service from the Philadelphia Parking
Authority, be considered to be State employees or performing
State service if subsequently reemployed as an officer or
employee of the Philadelphia Parking Authority.
Section 23. The following shall apply:
(1) A sum of $1,500,000 is hereby appropriated to the
Philadelphia Parking Authority from the First Class City
Taxicab Regulatory Fund under 66 Pa.C.S. Ch. 24 (relating to
taxicabs in first class cities) for reasonable costs of
transfer, including reasonable costs of transfer incurred
prior to the effective date of this section. On August 31,
2005, money not encumbered under this appropriation shall
lapse into the taxicab account of the Philadelphia Taxicab
and Limousine Regulatory Fund. Additional reasonable costs of
transfer shall be paid by the fund upon completion of the
transfer.
(2) A sum of not more than $2,000,000 is hereby
appropriated to the authority from the First Class City
Taxicab Regulatory Fund under 66 Pa.C.S. Ch. 24 for a
hospitality initiative making taxicab service within cities
of the first class more consumer-friendly. On December 30,
2005, money not encumbered under this appropriation shall
lapse into the taxicab account of the Philadelphia Taxicab
and Limousine Regulatory Fund established by the addition of
53 Pa.C.S. Ch. 57.
Section 24. The Pennsylvania Public Utility Commission shall
transmit notice of the entry into the agreement under section
22(4) of this act to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
Section 25. This act shall take effect as follows:
(1) The following provisions shall take effect in 270
days or on the date of publication of the notice under
section 24 of this act, whichever is earlier:
(i) The addition of 53 Pa.C.S. Ch. 57.
(ii) Section 19 of this act.
(iii) Section 22(4.1) and (7) of this act.
(2) The remainder of this act shall take effect
immediately.
APPROVED--The 16th day of July, A. D. 2004.
EDWARD G. RENDELL
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.