AGENDA ITEM #4B
July 21,2015
Action
MEMORANDUM
July 20,2015
TO:
FROM:
SUBJECT:
County Council
Il
J
f
~
Josh Hamlin, Legislative
Attorn~
Action:
Bill 33-15, Taxicabs - Transportation Services Improvement Fund
Transportation, Infrastructure, Energy
and
Environment Committee recommendation
(3-0): enact Bill 33-15 with amendments.
Bill 33-15, Taxicabs Transportation Services Improvement Fund, sponsored by Lead
Sponsor Councilmember Berliner and Co-Sponsors Vice President Floreen, and Councilmembers
Rice, Riemer, Eirich, Katz, Navarro and Hucker, was introduced on JUne 23, 2015. A public
hearing was held on July 14 and a Transportation, Infrastructure Energy and Environment
Committee worksession was held on July 20.
Bill 33-15 would:
• create a Transportation Services Improvement Fund;
• impose a per-trip surcharge on certain transportation network services to finance the Fund;
and
• provide for disbursements from the Fund to be used to improve the delivery of accessible
taxicab services
Background
In its 2015 session, the Maryland General Assembly passed a law regulating
"transportation network companies" (TNCs) ride-hailing services such as Uber and Lyft. The
law, 2015 Laws of Maryland, Chapter 204, effective July 1, 2015, created a new regulatory
framework within which TNCs in the State will operate. In addition to its regulatory function, the
law also authorizes a county or municipality that licensed or regulated taxicab services on or before
January 1, 2015, including Montgomery County, to impose an assessment on TNC trips that
originate within the county or municipality. "Assessment" means a charge imposed by a local
jurisdiction on each transportation network service that includes a passenger trip. The assessment
may be up to 25 cents per trip, other than in an exempt jurisdiction.
1
The revenue generated from
the assessments must be used for "transportation purposes."
I
Baltimore City is the only exempt jurisdiction under the law.
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Generally, an assessment may not be imposed on a transportation network service by both
a county and a municipality. However, in a county that was not authorized to impose an assessment
by virtue of licensing or regulating taxicab services on or before January 1, 2015, and that has not
imposed an assessment by July 1, 2016, both the county and a municipality may impose an
assessment, subject to specified notification requirements.
Under the law, a transportation network company must:
• collect assessments on behalf of an operator who accepts a request for a ride made through
the transportation network company's digital network;
• collect any assessment, fee, charge, or tax imposed by an exempt jurisdiction on a
transportation network service; and
• submit to .the Comptroller no later than 30 days after the end of a calendar quarter, or as
otherwise specified by the Comptroller in regulations:
1. the assessments and other revenues collected by the transportation network
company on behalf of the transportation network operators;
2. the allocation of the assessments and other revenues attributable to each county or
municipality that has imposed an assessment; and
3. under oath, a certification that it has submitted the correct amount of assessments
and revenues.
The Comptroller must then distribute each quarter the amount necessary to administer the
assessments (up to 5% of the revenue from the assessments and other revenues) to an
administrative cost account. After making this distribution, within 45 days of the end of each
quarter, the Comptroller must then distribute the remaining revenue to the county or municipality
that is the source of the revenue.
In its discussion of Bill 54-14, which would have regulated TNCs at the County level,2 the
Transportation, Infrastructure, Energy, and Environment (T&E) Committee considered the
problem that mcs do not generally provide accessible transportation. The T&E Committee
discussed the possibility of imposing a surcharge on TNCs and a Fund used to· incentivize
accessible taxicab service. When the General Assembly took up the matter of TNC regulation,
Councilmember Berliner advocated on behalf of the authorization of a local charge that was
ultimately included in the State law.
Bill 33-15 would impose the charge authorized by the State TNC law, and would create a
Fund to receive and distribute the revenue generated by the charge. Money from the Fund would
be used to offset higher costs of operating accessible taxicabs in the County, with the intended
effect of increasing the availability of accessible transportation in the County. The Bill would
require the Executive to, by regulation, establish the procedure for making disbursements from the
Fund.
July 14 Public Hearing
A public hearing on the Bill was held on July 14, with six speakers. Al Roshdieh, Acting
Director of the Department of Transportation spoke on behalf of the County Executive
in
support
2
Virtually all of the provisions of Bill 54-14 would be preempted under the 2015 State TNC law.
2
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ofthe Bill, and suggested that the purpose ofthe Fund should be expanded to support and improve
both accessible and senior transportation initiatives. Seth Morgan, Chair of the Commission on
People with Disabilities, expressed the Commission's strong support for the Bill, pointing out that
difficulty securing accessible transportation was a problem before the entry of TNCs into the
marketplace, and that TNCs' presence exacerbates that problem.
Beth Levie of the AFL-CIO expressed support for the Bill, saying a priority should be
getting more accessible vehicles on the road. Ms. Levie requested that the Fund only be available
to companies providing 20% or more accessible vehicles, and suggested that the reference to
"additional time involved in providing accessible taxicab services" as a basis for reimbursement
is unnecessary and should be removed. Drivers Peter Ibik ofthe Montgomery County Professional
Drivers Union and Nonnan Shields echoed the need for more accessible vehicles on the road, and
supported Beth Levie's requested changes to the Bill. Carol Tyson of the United Spinal
Association spoke in support of the Bill, saying that access to transportation is a civil right, and
encouraging the Council to ensure that recipients of funds have received proper training. Ms.
Tyson also requested reconsideration of the reference to "additional time involved" in the Bill,
saying that funds should only be available to offset higher costs such as fuel, vehicle purchasing,
training, and public awareness campaigns.
Issues/Committee Recommendations
Should the purpose ofthe Fund be limited to expanding accessible transportation?
Acting Director Roshdieh, in his testimony at the public hearing, indicated the Executive's
desire that the Fund be available to support and improve transportation to seniors in addition to
accessible transportation. Council staff agrees that expanding the purpose of the Fund to serve
underserved populations is good policy, and further suggests improving access to transportation
for persons of limited income be included within the scope of the Fund's objectives. Under the
Bill, the Executive must set by regulation procedures for when and how disbursements are made
from the Fund, including conditions, timing, and amounts. As such, the specifics of how funds
would be allocated to serve the objectives ofthe Fund will be further refined through the adoption
of regulations.
Councilmember Floreen suggested that there should be some restrictions on senior citizen
beneficiaries of fund-targeted improvements, and the Committee agreed with this suggestion.
Adding the tenn "eligible" before "senior" throughout the amended Bill, and requiring that the
regulations include eligibility standards will implement Councilmember Floreen's suggestion.
Committee recommendation (3-0): Expand the purpose of the Bill to include improving
transportation to seniors and persons oflimited income by amending:
Item
(3)
o/the purpose clause, as/ollows:
(3)
provide for disbursements from the Fund to be used to improve the delivery of
accessible taxicab services and transportation to eligible senior citizens and persons
of limited income; and
3
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Lines
11-13,
asfollows:
ill
There is
f!
Transportation Services Improvement Fund created to
improve the delivery
of~
(A)
accessible transportation services in the County;
transportation for eligible senior citizens: and
transportation for persons of limited income.
au
!kl
Lines
24-31,
asfollows:
*
@
*
*
Uses
gf
the Fund.
Disbursements from the Fund must be used to;.
ill
offset the higher operational costs of accessible taxicab services
for owners and operators including, but not limited to:
CA)
vehicle costs associated with purchasing and retrofitting
an accessible vehicle;
ill}
extra fuel and maintenance costs associated with operating
an accessible vehicle; and
.e.g
additional time involved in providing accessible taxicab
servIces: or
m
provide incentives for improving or expanding transportation
options for:
(A)
eligible senior citizens: or
au
Lines
33-39,
as follows:
persons of limited income.
*
*
*
The Executive must
Qy
regulation
W
Disbursements from the Fund.
establish the procedure for determining when and how to make
distributions from the Fund to [[accessible]] taxicab owners and
operators, including setting eligibility standards. imposing conditions
4
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of reimbursement, imposing
£!
maximum amount of reimbursement,
and considering timely distribution of reimbursement to [[accessible]]
taxicab owners and operators.
Should the permissible uses ofthe Fund with regard to accessible transportation be expanded
or narrowed?
Several speakers at the public hearing requested that the Council reconsider or delete the
provision ofthe Bill including "additional time involved in providing accessible taxicab services"
as a basis for reimbursement. These requests came from both drivers and a representative of the
disability community. Council staff does not believe it is necessary to remove the reference, but
given the fact that the requests have come from representatives of both groups of intended
beneficiaries of the Bill (recipients of funds and consumers of accessible transportation), believes
the Committee may wish to give them credence. In any event, because ofthe way the subsection
53-80I(d) is worded, the deletion of the provision in question would not be overly restrictive of
the use of the Fund.
The need for proper training of accessible taxicab operators was referenced at the public
hearing by Carol Tyson of the United Spinal Association. Council staff believes that reference to
costs of training as a basis for reimbursement from the Fund would be appropriate, and could be
done by adding a new paragraph to subsection 53-801(d) identifying costs of training as a basis
for reimbursement from the Fund.
At the worksession, Acting Director Roshdieh indicated that there is no need to reimburse
for extra fuel and maintenance costs, as these additional costs are minimal. He recommended
deleting the provision.
Committee recommendation (3-0):
Amend lines 29-30 as follows:
an
llextra fuel and maintenance costs associated with
operating an accessible vehiclell costs associated with
receiving training in providing accessible transportation
services; and
Should disbursements from the Fund be limited to fleets or associations with at least 20%
accessible vehicles?
Speakers at the public hearing representing the drivers' perspective requested that
disbursements from the Fund only go to fleets or associations with at least 20% accessible vehicles.
5
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At the present time, there are no such companies. While the attainment of a minimum of 20%
accessible vehicles in fleets and associations may be a desirable policy objective, Council staff
believes that limiting disbursements in the law is not the best way to reach that goal. First, the
requested change would preclude direct disbursements to an individual driver who may own (or
wish to own) an accessible vehicle, but needs assistance to cover the additional costs. To exclude
such a driver from obtaining assistance from the Fund could have the effect of keeping an
accessible vehicle off the road. Also, there is nothing in the Bill as drafted that would preclude
the Executive, by regulation, from imposing such a condition on disbursements to fleets or
associations. In fact, this possibility is considered in the language of the Bill that authorizes the
Executive to adopt regulations "imposing conditions of reimbursement ..."
Council staffbelieves it is important that there be flexibility in the law for permissible uses of the
Fund, provided the uses further the policy objectives established. To retain this flexibility, and
because there is room in the existing Bill to impose conditions on disbursements through
regulation, staff does not recommend making this change.
Committee recommendation: Retain the Bill's existing language as to recipients.
When should the BiD take effect?
The State law authorizing the County to impose the charge
9) provides that "a county
or municipality that imposes an assessment shall notify the Comptroller of:
(1)
the amount of the
assessment; and (2) any change in the assessment amount
at least 120 days before
the new amount
takes effect." (emphasis supplied) (See © 10-11) While it is not clear whether the initial imposition
of the charge is a "change in the amount," a reasonable argument could be made that it is and, as
practical matter, the administrative burden on the Comptroller to initiate collection of a charge is
at least as great as a change in the amount. Also, the County will be the first jurisdiction to impose
a charge under the new law, so it is likely that the collection apparatus is not yet functional.
Committee recommendation (3-0): Add a new Section 2 to the Bill making the effective date
120 days after the Bill becomes law, as follows:
Sec. 2. This Act takes effect 120 days after it becomes law.
This packet contains:
Bi1l33-15
Legislative Request Report
Public Hearing Testimony
Al Roshdieh
Seth
A.
Morgan, MD
Carol Tyson
Maryland Code, Public Utilities,
§
10-406
Circle
#
1
4
5
6
7
9
F:\LAw\BILLS\1533 Transportation Services Improvement Fund\Action Memo.Docx
6
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Bill No.
33-15
Concerning: Taxicabs - Transportation
Services Improvement Fund
Draft No.
L
Revised:
07/20/2015
Introduced:
June 23, 2015
Expires:
December 23,2016
Enaded: ____________________
Executive: _____________
Effedive: _--:-:_____________
Sunset Date: ...:.N.;:.;:o:;.:.;n=e_ _ _ _ __
Ch. _ _, Laws of Mont. Co. ____
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Berliner
Co-Sponsors: Council Vice President Floreen and Councilmembers Rice, Riemer, Eirich, Katz,
Navarro and Hucker
AN
ACT to:
(1)
(2)
(3)
(4)
create a Transportation Services Improvement Fund;
impose a per-trip surcharge on certain transportation network services to finance
the Fund;
provide for disbursements from the Fund to
be
used to improve the delivery of
accessible taxicab services and transportation to eligible senior citizens and
persons of limited income; and
generally amend the law governing the licensing and regulation of taxicabs.
By adding
Montgomery County Code
Chapter 53, Taxicabs
Article 8. Transportation Services Improvement Fund
Section 53-801
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
'"
'"
'"
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL No. 33-15
1
Sec. 1. Section
53-SOl
is added to Chapter
53
as follows:
Article S. Transportation Services Improvement
Fund
.
53-SOl.
2
3
4
5
6
7
8
Transportation Services Improvement
Fund
Definitions.
In this section:
ill
ill
ill
Fund
means the Transportation Services Improvement Fund
established in this Section.
Transportation
Network Services
means
"Transportation
Network Services" as defined in
§.
10-101 of the Public Utilities
Article of the Maryland Code.
(hl
9
10
11
12
Fund established.
ill
There is
~
Transportation Services Improvement Fund created
to improve the delivery
of~
13
14
15
!Al
accessible transportation services in the County;.
all
transportation for eligible senior citizens: and
(C1
transportation for persons of limited income.
16
17
18
ill
The Fund consists of:
CA)
all revenue from the surcharge imposed on transportation
network services under this Section;
19
(ill
(Q
all funds appropriated to
it
Qy
the County Council; and
all funds received
Qy
the Fund from
any
other public or
private entity.
~
20
21
22
(£)
Per-ride surcharge.
There is
$0.25 surcharge on Transportation
The
23
Network Services for each trip originating in the County.
24
surcharge must be collected as provided in
§.
10-406 of the Public
Utilities Article of the Maryland Code.
25
26
@
Uses
Q[
the Fund.
Disbursements from the Fund must be used to:
F~ILLS\1533
Transportation Services Improvement Fund\BiII3.Doc
0)
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BILL No. 33-15
27
28
29
30
ill
offset the higher operational costs of accessible taxicab services
for owners and operators including, but not limited to:
®
ill)
vehicle costs associated with purchasing and retrofitting
an accessible vehicle;
[[extra fuel and maintenance costs associated with
operating an accessible vehicle]] costs associated with
receiving training in providing accessible transportation
services; and
31
32
33
34
35
36
37
38
.cg
(2)
additional time involved in providing accessible taxicab
servIces; or
provide incentives for improving or expanding transportation
options for:
(Al
39
40
eligible senior citizens; or
persons of limited income.
The Executive must
Qy
regulation
au
W
41
42
Disbursements .from the Fund.
establish the procedure for determining when and how to make
distributions from the Fund to [[accessible]] taxicab owners and
operators, including setting eligibility standards. imposing conditions
of reimbursement, imposing
~
43
44
45
46
47
48
maximum amount of reimbursement,
and considering timely distribution of reimbursement to [[accessible]]
taxicab owners and operators.
Sec. 2.
This Act takes effect 120 days after it becomes law.
Approved:
49
50
George Leventhal, President, County Council
Date
~\BILLS\1533
Transportation Services Improvement Fund\Bill 3.00c
m
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LEGISLATIVE REQUEST REPORT
Bill 33-15
Taxicabs
~
Transportation Services Improvement Fund
DESCRIPTION:
Bill
33-15 would impose the charge authorized by the State
transportation network company (TNC) law, and would create a fund
to receive and distribute the revenue generated by the charge. Money
from the fund would be used to offset higher costs of operating
accessible taxicabs in the County, with the intended effect of
increasing the availability of accessible transportation in the County.
The
Bill
would require the Executive to, by regulation, establish the
procedure for making disbursements from the fund.
TNCs, now regulated by State law, generally do not, and are not
required under State law to, provide wheelchair accessible
transportation. While the County has a required percentage of
accessible taxicabs, the entry ofTNCs into the for-hire transportation
market has the effect of diluting the number of accessible vehicles
relative to the total number of for-hire vehicles operating in the
County.
Impose a
25
cent per ride charge on rides provided by TNCs in the
County, and use the revenue to fund incentives, in the form of money
to offset higher operating costs, for operators ofaccessible taxicabs.
Department of Transportation
Department of Finance
To be requested.
To be requested.
To
be
requested.
To
be researched.
Josh Hamlin, Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable
f:\law\bills\1533 transportation services improvement fund\Jrr.dot
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\~
TESTIMONY ON BEHALF OF COUNTY EXECUTIVE ISIAH LEGGETT ON
BILL 33-15, TAXICABS TRANSPORTATION SERIVCES IMPROVEMENT
FUND
July 14,2015
Good afternoon, Council President Leventhal and members of the CounciL I
am Al Roshdieh, Acting Director of the Department of Transportation. I'm here
today to testify on behalf of County Executive Isiah Leggett on Bill 33-15,
Taxicabs - Transportation Services Improvement Fund.
The County Executive supports this bill. The Executive believes the special
fund should be available to support and improve both accessible and senior
transportation initiatives. Our disabled and senior communities need reliable
transportation options, and setting aside the 25 cent surcharge for this is not only
responsible but, at its core, simply the right thing to do.
Thank you for the opportunity to provide feedback on this bill, and I look
forward to working with the Council to finalize this bill.
1
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\~
COMMISSION ON PEOPLE WITH DISABILITIES
COUNTY COUNCIL BILL
33-15,
TAXICABS - TRANSPORTATION SERVICE IMPROVEMENT FUND
Seth
A.
Morgan, MD, Chair
Marcie Povitsky, Vice-Chair
July 14,2015
My name is Seth Morgan, Chairman of the County's Commission on People with Disabilities.
The Commission on People with Disabilities strongly supports passage of Bill 33-15, Taxicabs­
Transportation Service Improvement Fund.
At present there is a shortage of readily accessible taxicabs in service in the County and entry of
"transportation network companies" (TCNs) will exacerbate this problem. People with disabilities
must have equitable access to for-hire transportation services within the County. Even before the
expected influx of new TCNs, the difficulty a person with a disability has getting for-hire car services is
critical. Due to current taxi service limitations, a person with a disability who needs an accessible
vehicle must give at least a twenty four hour advance notice to reserve an accessible car due to the
paucity of accessible taxis in service at any given time in the County.
Entry of TCN's into the County will aggravate this problem as drivers in these TCNs work as private
contractors using their personal vehicles and no requirements to have accessible vehicle availability
applies to these services.
Requiring a twenty five cent surcharge for
Lyft
or Uber trips originating in the County with the
proceeds collected being used to assure accessible taxi service availability for people with disabilities
is the right thing to do. This could be done by using these funds to subsidize taxi drivers who rent
accessible taxis or providing certain dollar amount to the drivers of each accessible ride.
We applaud the County Council for proposing this bill and thank Mr. Berliner for advocating for this
initiative at the State level.
Seth A.
Morgan,
.MD
n"",nQr+rn,I>nt
of
Health and Human Services
401 Hungerford Drive • Rockville, Maryland 20850 • 240-777-1246 • 240-777-1288 FAX
www.montgomerycountymd.gov/hhs
m...........
'~ntymd.g.v/311~.~
'~
301-251-4850 TTY
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United Spinal
Association
Expanding Opportunities for Veterans anD Ali Paralyzed Americans
United Spinal Association
Testimony
Submitted by
Carol Tyson
Director, Disability Policy
Forthe
Montgomery County, Maryland
County Council
Regarding
Bill 33-15, Taxicabs - Transportation Services Improvement Fund
July 14, 2015
120-34
Queens
Blvd
#320
Kew
Gardens,
NY
11415
www.unitedspinaLorg
1660 L
Street
NVV,
Suite
504
Washington. DC 20036
Tel 7188033782
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Council members and staff thank you for the opportunity to offer testimony regarding Bill 33­
15. My name is Carol Tyson. I am the Director of Disability Policy for United Spinal
Association. United Spinal is the largest disability-led nonprofit organization serving and
representing the interests of more than a million Americans living with spinal cord injuries
and disorders. We hold that access to transportation is a civil right. People with disabilities
who reside or work in Montgomery County, or who visit, must have equal access to all
transportation options, including taxi and transportation network company (TNC) service.
United Spinal supports this bill and the creation of a Transportation Services Improvement
Fund. We commend the council for recognizing the diluting effect inaccessible TNCs have
had on the percentage of accessible for-hire vehicles in the market, and believe measures
must be taken to ensure for-hire vehicle service is available to all. Each additional accessible
taxi on the road provides life-changing service to wheelchair users - granting convenient, and
at times the only available, transportation to work, school, appointments, and arts and
culture. Accessible taxis can provide back-up transportation when Metro elevators are
broken, or late at night when public transportation, including paratransit, is no longer
running. Accessible transportation ensures that each and every one of us, and those we care
about, can remain active should we find ourselves living with a temporary or permanent
disability.
United Spinal encourages the Council and regulating authorities to ensure accessible taxi
operators receiving these funds are complying with training as required by the Americans
with Disabilities Act (ADA), and that accessible taxis purchased are providing service as
intended and comply with ADA standards.
Finally, United Spinal urges the council to reconsider providing funds for the "additional time
involved in providing accessible taxicab services" (§53-801 (d)(C}). Providing funds for
additional time is, in effect, creating a subSidy for providing service to people with disabilities
and amounts to unintended discrimination. It may take passengers without disabilities
additional time to enter a vehicle if they are carrying bags. On some buses passengers may
take additional time when loading their bike. We would not consider paying these drivers
additional funds for transporting these passengers. We would not pay increased wages to
restaurant wait staff for taking the order of a person with a disability or any other public
accommodation who is required, by law, to provide equal levels of service to all patrons. The
time it takes to provide quality service should be considered part of the cost of doing
business with any customer. Funds should be limited to offsets such as additional gas,
vehicle purchasing, creation of quality training, and public awareness campaigns to ensure
potential passengers are aware of the additional service options.
In just a few weeks the nation will be celebrating the
25
th
anniversary of the ADA, legislation
that continues to promote the inclusion and contribution of people with disabilities in
everyday life, though barriers remain. United Spinal thanks the Council for lifting up one of
the remaining barriers and ensuring accessibility to for-hire vehicle service.
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Westlaw
MD Code, Public Utilities,
§
10-406
Page 1
Effective: July 1, 2015
West's Annotated Code of Maryland Currentness
Public Utilities (Refs
&
Annos)
Division
1.
Public Services and Utilities [Titles I -IS] (Refs
&
Annos)
~
Title 10. For-Hire Driving Services (Refs
&
Annos)
"Ii
Subtitle 4. Transportation Network Company Services (Refs
&
Annos)
......
§
10-406. Imposition of assessments
Definitions
(a)(1) In this section the following words have the meaning indicated.
(2) "Assessment" means a charge imposed by a local jurisdiction on each transportation network service that
includes a passenger trip during transportation network coverage period three as described in
§
10-101 (n)(l)(iii) of this title.
(3) "Exempt jurisdiction" means a county or municipality that imposed a tax, fee, or charge on for-hire trans­
portation services provided on a per ride or per passenger basis in that county or municipality on or before
January 1,2015.
Authority of exempt jurisdiction not limited
(b) This section does not limit the authority of an exempt jurisdiction to impose an assessment, a tax, a fee, or a
charge on for-hire transportation services, including transportation network services.
Authority of counties and municipalities
(c)(1) In accordance with subsections (d) and (e) of this section, a county or municipality may impose an assess­
ment under this section.
(2) Except in an exempt jurisdiction, an assessment authorized by this section may not exceed 25 cents per
trip.
(3) Except as provided in subsection (e)(2) of this section and subject to the limitation in paragraph (2) of this
subsection, an assessment may not be imposed on a transportation network service by both a county and a mu­
nicipality.
©
2015 Thomson Reuters. No Claim to Orig. US Gov. Works.
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MD Code, Public Utilities,
§
10-406
Page 2
(4) The revenue generated from an assessment authorized under this section shall be used for transportation
purposes.
Trip origination assessment
(d) A county or municipality that licensed or regulated taxicab services on or before January
1,2015,
either dir­
ectly or through the Commission as provided in
§
10-202
of this title, may impose an assessment on trips that
originate within the county or municipality.
Imposition of assessment by county
(e)(l) This subsection applies to a county that:
(i) is not authorized to impose an assessment under subsection (d) of this section; and
(li)
has not imposed an assessment by July 1,2016.
(2) Before the county may impose an assessment in a municipality, the county shall:
(i) notify the municipality of the county's intent to impose an assessment on transportation network services
that originate in the municipality; and
(ii) provide the municipality reasonable time to pass an ordinance authorizing the imposition of an assess­
ment.
(3) Before a municipality may impose an assessment, the municipality shall:
(i) notify the county of the municipality's intent to impose an assessment; and
(ii) if the county imposes an assessment, provide the county reasonable time to notify the Comptroller be­
fore the municipality's assessment becomes effective.
(4) Notwithstanding paragraphs (2) and (3) of this subsection, a county and municipality may enter into an
agreement to share revenues and allocate them in any manner.
Notice to Comptroller
(0
A county or municipality that imposes an assessment shall notify the Comptroller of:
©
2015 Thomson Reuters. No Claim to Orig.
us
Gov. Works.
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MD Code, Public Utilities, § 10-406
Page 3
(l)
the amount of the assessment; and
(2) any change in the assessment amount at least 120 days before the new amount takes effect.
Collection, remittance, accounting, and use of revenues
(g)(I) This subsection governs the collection, remittance, accounting, and use of revenues from assessments im­
posed by a county or municipality under this section.
(2) A transportation network company shall:
(i)
collect assessments on behalf of an operator who accepts a request for a ride made through the transport­
ation network company's digital network;
(ii) collect any assessment, fee, charge, or tax imposed by an exempt jurisdiction on a transportation net­
work service; and
(iii)
submit to the Comptroller no later than 30 days after the end of a calendar quarter, or as otherwise spe­
cified by the Comptroller in regulations:
I. the assessments and other revenues collected by the transportation network company on behalf of the
transportation network operators;
2. the allocation of the assessments and other revenues attributable to each county or municipality that has
imposed an assessment based on where the trip originated; and
3. under oath, a certification that it has submitted the correct amount of assessments and revenues.
(3)(i) Subject to subparagraph
(ii)
of this paragraph, from the assessments and revenues imposed by counties
and municipalities, the Comptroller shall distribute each quarter the amount necessary to administer the as­
sessments to an administrative cost account.
(ii)
The amount distributed to the administrative cost account may not exceed 5% of the revenue from the
assessments and other revenue.
(4) After making the distribution required by paragraph (2) of this subsection, within 45 days of the end of
each calendar quarter, the Comptroller shall distribute the remaining revenue to the county or municipality
that is the source of the revenue.
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MD Code, Public Utilities, § 10-406
Page 4
(5)(i) The Comptroller may inspect, at a transportation network company's place of business or a mutually
agreed location, no more than annually, records necessary to ensure that the transportation network company
has remitted to the Comptroller the correct revenues and allocations.
(ii) Records provided to the Comptroller by a transportation network company under this subsection are not
subject to release under the Maryland Public Information Act or any other law.
(iii)
Subject to subparagraph (iv) of this paragraph, the Comptroller may not disclose records or information
provided by a transportation network company unless the disclosure is required by a subpoena or court or­
der.
(iv) If a subpoena or court order requires the Comptroller to disclose information provided by a transporta­
tion network company, the Comptroller shall promptly notify the transportation network company before
disclosing the information.
(6) The Comptroller may adopt regulations or other requirements or procedures to carry out the provisions of
this section, including requirements and procedures regarding the administration, collection, and enforcement
of the assessment.
CREDIT(S)
Added by Acts 2015, c. 204,
§
1, eff. July 1,2015.
HISTORICAL AND STATUTORY NOTES
2015 Legislation
Acts 2015, c. 204, § 5, provides:
"SECTION 5. AND BE IT FURTHER ENACTED, That this Act may not be construed to authorize a transporta­
tion network company to be out of compliance with applicable regulations adopted by the Public Service Com­
mission in accordance with the Public Utilities Article, as amended by this Act."
MD Code, Public Utilities, § 10-406, MD PUBLIC UTIL § 10-406
Current through July 1,2015 legislation of the 2015 Regular Session ofthe General Assembly
(C)
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2015 Thomson Reuters. No Claim to Orig. US Gov. Works.