§ 5708. Funds.
(a) Regulatory Fund.--The Philadelphia Taxicab and Limousine Regulatory Fund is established as a special
fund in the State Treasury. A balance remaining in the regulatory fund and previously
held by the authority shall be transferred to the special fund in the State Treasury
upon the effective date of section 5710 (relating to fees). The regulatory fund shall
be the primary operating fund of the authority for the administration and enforcement
of this chapter and shall be administered as follows:
(1) Except as provided in subsection (a.1), the assessments, fees, penalties and other
revenues, interest earned by the regulatory fund, refunds and repayments related to
the administration and enforcement of this chapter shall be deposited into the regulatory
fund.
(2) Money deposited in the regulatory fund is reserved for the use of the authority and
shall be transferred in equal amounts each month by the State Treasurer to the authority
for the purposes of administering and enforcing this chapter.
(3) Upon the effective date of this paragraph, the money in the regulatory fund shall
be held and maintained as provided in paragraph (2).
(a.1) Medallion Fund.--The Philadelphia Taxicab Medallion Fund is established as a special fund in the State
Treasury.
(1) The consideration, revenue, fees, interest earned by the medallion fund, refunds,
repayments and other deposits related to the sale of medallions as provided in section
5717(b) (relating to additional certificates and medallions), shall be deposited into
the medallion fund.
(2) Money deposited in the medallion fund is reserved for the use of the authority and
shall be transferred in equal amounts each month by the State Treasurer to the authority
solely for the purposes of administering and enforcing taxicab regulation under this
chapter.
(b) (Reserved).
(c) (Reserved).
(c.1) Audit.--The authority shall have at least one annual examination of its books, accounts and
records related to each of the funds established by this section by a certified public
accountant.
(d) (Reserved).
(e) (Reserved).
(f) (Reserved).
(July 16, 2004, P.L.758, No.94, eff. imd.; July 9, 2013, P.L.455, No.64, eff. imd.)
Special Provisions in Appendix. See section 7 of Act 64 of 2013 in the appendix to this title for special provisions
relating to appropriation from Philadelphia Taxicab and Limousine Regulatory Fund.
Cross References. Section 5708 is referred to in sections 5701, 5707 of this title; section 6507 of
Title 75 (Vehicles).
Notes of Decisions
MCT Transp. Inc. v. Philadelphia Parking Auth., 60 A.3d 899 (Pa. Commw. Ct. 2013).
· cites it 5× “53 Pa.C.S. § 5708(a). The fees paid by these companies change from year to year; the Parking Authority publishes its annual fee schedule on its website and in the Pennsylvania Bulletin.”
Blount v. Philadelphia Parking Auth., 965 A.2d 226 (Pa. 2009).
· cites it 2× “53 Pa.C.S. § 5708(b)-(c). Finally, the General Assembly has the right to examine "the books, accounts and records of the authority at any time.”
Z & R Cab, LLC v. Philadelphia Parking Auth., 616 F. App'x 527 (3rd Cir. 2015).
· cites it 2× “The PAL funded the PPA’s regulatory activities with fees operators paid, 53 Pa. Cons. Stat. Ann. § 5708(b),1 and provided that the PPA would annually submit a proposed fee schedule to the General Assembly, which would become effective if the legislature did not disapprove it, id.”
Germantown Cab Co. v. Philadelphia Parking Auth., 171 A.3d 315 (Pa. Commw. Ct. 2017).
“Following the passage of Act 94, Section 5708 of the Law established the Philadelphia Taxicab and Limousine Regulatory Fund (Fund), which serves as the primary funding source for the Authority’s regulation of taxicab service within the City.”
Z & R Cab, LLC v. Philadelphia Parking Auth., 22 F. Supp. 3d 498 (E.D. Pa. 2014).
“at 911-912 (citing 53 Pa.Cons.Stat.Ann. § 5708(c)(2)). By contrast, the Court explained, continuing appropriations into other Commonwealth funds are subject to statutory limitations that do not leave those funds any discretion about cost allocation.”
Seedjam, Inc. v. The Philadelphia Parking Auth. (Pa. Commw. Ct. 2016).
“” 53 Pa.C.S. § 5708(c)(2). The words “necessary” and “fair and equitable” suggest a standard, but it is a standard too inchoate to survive the separation of powers challenge brought by the Taxicab Companies.”
Germantown Cab Co. v. PPA (Pa. Commw. Ct. 2017).
“Following the passage of Act 94, Section 5708 of the Law established the Philadelphia Taxicab and Limousine Regulatory Fund (Fund), which serves as the primary funding source for the Authority’s regulation of taxicab service within the City.”
Germantown Cab Co. v. Phila. Parking Auth. (Pa. Commw. Ct. 2015).
“53 Pa. C.S. §5708. 4 Section 5707(a)(2) states: (2) The authority’s proposed budget shall include an estimate of the amount of its expenditures necessary to meet its obligation to administer and enforce this chapter.”
— 53 Pa. Cons. Stat. § 5708(a) — 3 cases
MCT Transp. Inc. v. Philadelphia Parking Auth., 60 A.3d 899 (Pa. Commw. Ct. 2013).
“53 Pa.C.S. § 5708(a). The fees paid by these companies change from year to year; the Parking Authority publishes its annual fee schedule on its website and in the Pennsylvania Bulletin.”
Germantown Cab Co. v. Philadelphia Parking Auth., 171 A.3d 315 (Pa. Commw. Ct. 2017).
“Following the passage of Act 94, Section 5708 of the Law established the Philadelphia Taxicab and Limousine Regulatory Fund (Fund), which serves as the primary funding source for the Authority’s regulation of taxicab service within the City.”
Germantown Cab Co. v. PPA (Pa. Commw. Ct. 2017).
“Following the passage of Act 94, Section 5708 of the Law established the Philadelphia Taxicab and Limousine Regulatory Fund (Fund), which serves as the primary funding source for the Authority’s regulation of taxicab service within the City.”
— 53 Pa. Cons. Stat. § 5708(a)(l) — 1 case
MCT Transp. Inc. v. Philadelphia Parking Auth., 60 A.3d 899 (Pa. Commw. Ct. 2013).
“53 Pa.C.S. § 5708(a). The fees paid by these companies change from year to year; the Parking Authority publishes its annual fee schedule on its website and in the Pennsylvania Bulletin.”
— 53 Pa. Cons. Stat. § 5708(b) — 2 cases
Blount v. Philadelphia Parking Auth., 965 A.2d 226 (Pa. 2009).
“53 Pa.C.S. § 5708(b)-(c). Finally, the General Assembly has the right to examine "the books, accounts and records of the authority at any time.”
Z & R Cab, LLC v. Philadelphia Parking Auth., 616 F. App'x 527 (3rd Cir. 2015).
“The PAL funded the PPA’s regulatory activities with fees operators paid, 53 Pa. Cons. Stat. Ann. § 5708(b),1 and provided that the PPA would annually submit a proposed fee schedule to the General Assembly, which would become effective if the legislature did not disapprove it, id.”
— 53 Pa. Cons. Stat. § 5708(c)(2) — 3 cases
MCT Transp. Inc. v. Philadelphia Parking Auth., 60 A.3d 899 (Pa. Commw. Ct. 2013).
“53 Pa.C.S. § 5708(a). The fees paid by these companies change from year to year; the Parking Authority publishes its annual fee schedule on its website and in the Pennsylvania Bulletin.”
Z & R Cab, LLC v. Philadelphia Parking Auth., 22 F. Supp. 3d 498 (E.D. Pa. 2014).
“at 911-912 (citing 53 Pa.Cons.Stat.Ann. § 5708(c)(2)). By contrast, the Court explained, continuing appropriations into other Commonwealth funds are subject to statutory limitations that do not leave those funds any discretion about cost allocation.”
Seedjam, Inc. v. The Philadelphia Parking Auth. (Pa. Commw. Ct. 2016).
“” 53 Pa.C.S. § 5708(c)(2). The words “necessary” and “fair and equitable” suggest a standard, but it is a standard too inchoate to survive the separation of powers challenge brought by the Taxicab Companies.”
— 53 Pa. Cons. Stat. § 5708(f) — 1 case
MCT Transp. Inc. v. Philadelphia Parking Auth., 60 A.3d 899 (Pa. Commw. Ct. 2013).
“53 Pa.C.S. § 5708(a). The fees paid by these companies change from year to year; the Parking Authority publishes its annual fee schedule on its website and in the Pennsylvania Bulletin.”
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