D.C. Code § 50-301.20

Current through codified legislation effective April 20, 2024

Section 50-301.20 - Public Vehicles-for-Hire Consumer Service Fund

(a) There is established within the District of Columbia Treasury a fiduciary fund to be known as the Public Vehicles-for-Hire Consumer Service Fund. The Fund shall be a revolving, segregated, nonlapsing fund administered by the DFHV. The Fund shall consist of the following:

(1) Funds collected from a passenger surcharge;

(2) Funds collected by the DFHV from the issuance and renewal of a public vehicle-for-hire license pursuant to § 47-2829, including those held in miscellaneous trust funds by the DFHV and the Office of the People's Counsel before June 23, 1987, pursuant to § 34-912(a). These funds shall be accounted for under procedures established pursuant to subchapter V of Chapter 3 of Title 47, or any other applicable law;

(3) Funds collected by the DFHV from the Department of Motor Vehicles through the Out-Of-State Vehicle Registration Special Fund, pursuant to § 50-1501.03 a;

(4) All funds collected by the DFHV pursuant to subsections (c) and (d) of this section;

(5) All funds collected by the DFHV pursuant to § 50-301.07(c)(20); and

(6) 16.67% of the funds collected pursuant to § 50-301.31(b)(11).

(b)

(1) The funds deposited into the Fund and allocated to the DFHV:

(A) Shall be used to pay the costs incurred by the DFHV, including operating and administering programs, investigations, proceedings, and inspections, administering the Fund, and improving the District's vehicles-for-hire industry.

(B) May be used to provide grants, loans, incentives, or other financial assistance to owners and operators of vehicles-for-hire legally operating and incorporated in the District to offset the cost of acquiring, maintaining, and operating wheelchair-accessible vehicles;

(C) May be used to establish a program to provide a taxicab fare discount for low-income senior citizens aged 65 years and older and persons with disabilities; and

(D) May be used to provide grants, loans, incentives, or other financial assistance to owners and operators of vehicles-for-hire legally operating and incorporated in the District to incentivize the purchase and use of alternative-fuel vehicles, directing vehicles-for-hire to underserved areas, and to offset costs associated with meeting the mandates of this subchapter, as established by rulemaking.

(2) For fiscal years 2014 and 2015:

(A) The first $4,700,000 of funds deposited into the Fund each year shall be used to support the operations of the DFHV pursuant to paragraph (1)(A) of this subsection;

(B) $750,000 of the remaining funds deposited into the Fund each year shall be used to increase the number of wheelchair accessible public vehicles-for-hire pursuant to paragraph (1)(B) of this subsection; and

(C) Any remaining funds in the Fund may be used for any of the purposes described in paragraph (1) of this subsection.

(3) Nothing in this subsection shall affect any requirements imposed upon the DFHV by subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].

(c) After June 24, 1987, continued resources for the Fund shall be provided through an assessment levied against taxicab and passenger vehicle for hire operators as determined by DFHV rule. Monies deposited into the Fund after June 24, 1987, shall be used by the DFHV for any investigation or proceeding by the DFHV concerning taxicab and passenger vehicle for hire rates and regulations as determined by rules promulgated by the DFHV and submitted to the Council for approval, in whole or in part, by resolution. No assessment imposed by the DFHV on an operator pursuant to this subsection shall exceed $50 per year. Nothing in this subsection shall affect any requirements imposed upon the DFHV by subchapter I of Chapter 5 of Title 2.

(d) Repealed.

(e) Repealed.

(f) Repealed.

(g) Procedures for the implementation and administration of a passenger surcharge amount shall be established by the DFHV in accordance with its rulemaking authority.

(h) The funds deposited into the Fund and allocated to the DFHV shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in this section without regard to fiscal year limitation, subject to authorization by Congress.

(i) The DFHV shall conduct a mandatory yearly review of the passenger surcharge amount and shall adjust the surcharge amount based on revenue over needed spending.

(j) [Repealed by 2023 Amendment.]

(k) The DFHV shall submit to the Council a quarterly revenue report on the Fund by the 15th of the month following the end of each quarter.

D.C. Code § 50-301.20

Amended by D.C. Law 24-311, § 16 , 69 DCR 015080, eff. 3/10/2023.

Mar. 25, 1986, D.C. Law 6-97, § 20a; as added May 10, 1988, D.C. Law 7-107, § 2, 35 DCR 2176; Sept. 22, 1994, D.C. Law 10-171, §2(d), 41 DCR 5149; Oct. 19, 2000, D.C. Law 13-172, § 1502, 47 DCR 6308; Mar. 3, 2010, D.C. Law 18-111, § 6041, 57 DCR 181; Sept. 20, 2012, D.C. Law 19-168, §6052, 59 DCR 8025; Oct. 22, 2012, D.C. Law 19-184, §§ 2(q), 5, 59 DCR 9431; Apr. 23, 2013, D.C. Law 19-270, § 2(e), 60 DCR 1717; Dec. 24, 2013, D.C. Law 20-61, § 6042, 60 DCR 12472; Mar. 10, 2015, D.C. Law 20-197, § 2(g), 61 DCR 12430; June 22, 2016, D.C. Law 21-124, § 401(u), 63 DCR 7076; Oct. 30, 2018, D.C. Law 22-168, §§ 2082, 6004(b)(1), 65 DCR 9388; Feb. 22, 2019, D.C. Law 22-224, §2(f), 66 DCR 187; Sept. 11, 2019, D.C. Law 23-16, § 6022(b), 66 DCR 8621.

Approval of annual plan for use of monies in assessment fund: Pursuant to Resolution 8-320, the "District of Columbia Taxicab Commission Annual Plan I Assessment Fund Approval Resolution of 1990", effective December 28, 1990, the Council approved the annual plan for the use of all monies in the District of Columbia Taxicab Commission Assessment Fund.

Pursuant to Resolution 8-321, the "District of Columbia Taxicab Commission Annual Plan II Assessment Fund Approval Resolution of 1990", effective December 28, 1990, the Council approved the annual plan for the use of all monies in the District of Columbia Taxicab Commission Assessment Fund.

Approval of rules: Pursuant to Resolution 8-281, the "District of Columbia Taxicab Commission Fund Rulemaking Approval Resolution of 1990", effective November 2, 1990, the Council approved the proposed rules to implement the provisions of the District of Columbia Taxicab Commission Fund Amendment Act of 1988.

District of Columbia Taxicab Commission Annual Plan Assessment Fund Approval Resolution of 1992: Pursuant to Resolution 9-204, effective March 13, 1992, the Council approved the annual plan for the use of all monies in the District of Columbia Taxicab Commission Assessment Fund.

District of Columbia Taxicab Commission Annual Plan Assessment Fund Approval of 1993: Pursuant to Resolution 10-83, effective July 30, 1993, the Council approved, the annual plan for the use of all monies in the District of Columbia Taxicab Commission Assessment Fund.

District of Columbia Taxicab Commission Fund Approval Resolution of 1994: Pursuant to Resolution 10-333, effective April 22, 1994, the Council approved the annual plan for the use of monies in the District of Columbia Taxicab Commission Fund.

Section 7 of D.C. Law 19-184 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 5 of D.C. Law 19-270 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7007 of D.C. Law 20-61 repealed D.C. Law 19-184, § ,7.

Section 7017 of D.C. Law 20-61 repealed D.C. Law 19-270, § ,5.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

Applicability of D.C. Law 20-197: Section 7 of D.C. Law 20-197 provided, in part, that §§ 1, 2, 3, and 4 of the act shall apply as of March 10, 2015.