Posted: | June 4, 2013 03:46 PM |
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From: | Representative Chris Ross |
To: | All House members |
Subject: | Preserving Enforcement of Taxicab and Limousine Regulations in Philadelphia |
This week, I will introduce legislation to address a situation that jeopardizes enforcement of taxi and limousine regulations in Philadelphia. A recent Commonwealth Court decision renders the existing regulatory fee approval process in 53 Pa.C.S. § 5707 unconstitutional and enjoins the Authority from attempting to collect those fees. The Philadelphia Parking Authority ("Authority") has regulated taxicab and limousine operations in Philadelphia since 2005 through Act 94 of 2004 (53 Pa.C.S. § 5701 et seq.). Act 94 includes a budget and fee schedule approval process for the Authority’s taxicab and limousine operations only. The Authority is permitted to charge members of the taxicab and limousine industry only those fees that are provided for on the fee schedule. Those fees support taxicab and limousine regulation in Philadelphia. Since the Commonwealth Court has struck down that method of setting fees, we now need to act promptly to enact a new method that will pass judicial scrutiny. This new method is modeled after the way that the Public Utilities Commission sets fees for taxicabs in the rest of the Commonwealth, and which has been in place for many years. My legislation addresses the constitutional problem. It does NOT increase fees; it merely provides a lawful process of collections so that enforcement continues, uninterrupted. Please join me in cosponsoring this bill. |
Introduced as HB1490