SB585 HFA Kelly 3-13

            Delegate Kelly moves to amend the Amendment on page 2, section 2, line 9, by striking section 2 in its entirety and inserting in lieu thereof the following:

Ҥ17H-1-2. Exemption from Public Service Commission jurisdiction and regulation as common carriers or contract carriers by motor vehicle .

            TNCs or TNC drivers are not common carriers by motor vehicle or contract carriers by motor vehicle, or motor carriers, as defined in section two, article one, chapter twenty-four-a of this code, nor do they provide taxicab service. It is the express intent of this Legislature to exclude and exempt TNCs and TNC drivers from the jurisdiction and regulation of the Public Service Commission except as expressly provided in this article.”

And

            On page 2, section 3, line 3, by striking section 3 in its entirety and inserting in lieu thereof the following:

Ҥ17H-1-3. TNC permit required; permit fee; and use of fees.

            (a) A person may not operate a TNC in West Virginia without first having obtained a permit from the Public Service Commission pursuant to this article.

            (b) The Public Service Commission shall issue a permit to each applicant that meets the requirements for a TNC set forth in this article and has paid an annual permit fee of $5,000 to the Public Service Commission. Any fees collected under the provisions of this article shall be deposited into the public service commission fund established in accordance with section twenty-four, article three, chapter twenty-four of this code. The Public Service Commission shall use the fees collected for the payment of the costs and expenses necessary for the administration of this article.”

And

            On page 9, section 18, line 22, by striking section 18 in its entirety and inserting in lieu thereof the following:

Ҥ17H-1-18. Rules; controlling authority.

            The Public Service Commission shall promulgate rules relating to the implementation and exercise of the authority granted by this article and the oversight of TNCs and TNC drivers. Notwithstanding any other provision of law, TNCs and TNC drivers are governed exclusively by this article and any rules promulgated by the Public Service Commission consistent with this article. A municipality or other local entity may not impose a tax on, or require a license for, a TNC or TNC driver or subject a TNC to the municipality or other local entity’s rate, entry, operational or other requirements.”

And

            On page 12, section 2, line 5, by striking section 2 in its entirety and inserting in lieu thereof the following:

Ҥ17H-2-2. Exemption from Public Service Commission regulation as motor carriers.

            On the effective date of this article, notwithstanding any other provisions of the laws of the state of West Virginia to the contrary, no taxicab company or taxicab service is subject to Public Service Commission jurisdiction under this code except as expressly provided in this article and is not subject to Public Service Commission motor carrier rules.”

And

            On page 12, section 2, line 10, by striking section 3 in its entirety and inserting in lieu thereof the following:

Ҥ17H-2-3. Taxicab company permit required; permit fee.

            (a) A person may not operate a taxicab company in West Virginia without first having obtained a permit from the Public Service Commission pursuant to this article.

            (b) The Public Service Commission shall issue a permit to each applicant that meets the requirements for a taxicab company set forth in this article and has paid an annual permit fee of $5,000 to the Public Service Commission. Any fees collected under the provisions of this article shall be deposited into the public service commission fund established in accordance with section twenty-four, article three, chapter twenty-four of this code. Fees collected shall be used by the Public Service Commission for the payment of the costs and expenses necessary for the administration of this article.”

And

            On page 20, section 18, line 9, by striking section 18 in its entirety and inserting in lieu thereof the following:

Ҥ17H-2-18. Rules; controlling authority.

            The Public Service Commission may promulgate rules relating to the implementation and exercise of the authority granted by this article and the oversight of taxicab companies and TDs or ITDs. Notwithstanding any other provision of law, taxicab companies and TDs or ITDs are governed exclusively by this article and any rules promulgated by the Public Service Commission consistent with this article. No municipality or other local entity may impose a tax on, or require a license for, a taxicab company or TD or ITD or subject a taxicab company to the municipality or other local entity’s rate, entry, operational or other requirements.”

Adopted

Rejected