DC Code § 50-301.20 (2021)
2021 District of Columbia Code|Title 50 - Motor and Non-Motor Vehicles and Traffic|Chapter 3 - Regulation of Taxicabs|Subchapter I - General|§ 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 § 50-1501.03a; (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) The District of Columbia Auditor shall conduct an audit of the Fund at least once every 3 fiscal years. (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.  (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.)  Prior Codifications 1981 Ed., § 40-1720. 2001 Ed., § 50-320. Section References This section is referenced in § 50-301.03 and § 50-301.07. Effect of Amendments D.C. Law 13-172 in the first sentence substituted “Beginning in 2001, on February 1st” for “On October 15th”, and in the fourth sentence substituted “90th day” for “45th day”. D.C. Law 18-111, in subsec. (a), substituted “The Fund shall consist of all assessments levied by the Commission” for “This fund shall consist of all assessments levied by the Public Service Commission of the District of Columbia”; rewrote subsec. (b); in subsec. (c), substituted “taxicab and passenger vehicle for hire operators” for “taxicab operators” and substituted “taxicab and passenger vehicle for hire rates” for “taxicab rates”; and, in subsec. (d), substituted “taxicab and passenger vehicle for hire operator” for “taxicab operator”; and repealed (e) and (f). The 2012 amendment by D.C. Law 19-168 rewrote (a). The 2012 amendment by D.C. Law 19-184, § 2(q), rewrote (a) and (b); and added (g), (h), (i), (j), and (k). The 2012 amendment by D.C. Law 19-184, § 5, repealed the amendment of (a) by D.C. Law 19-168, § 6052. The 2013 amendment by D.C. Law 19-270 added (a)(5) and made related changes. The 2013 amendment by D.C. Law 20-61 added (b)(2); and redesignated former (b)(2) as (b)(3). The 2015 amendment by D.C. Law 20-197 added (a)(6) and made related changes; and substituted “vehicle-for-hire” for “public vehicles-for-hire” in (b)(1)(A). Emergency Legislation  For temporary (90 days) amendment of this section, see § 6022(b) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see § 6022(b) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see § 6004(b)(1) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see § 2082 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).   For temporary (90 days) amendment of this section, see § 6004(b)(1) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).   For temporary (90 days) amendment of this section, see § 2082 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).  For temporary (90-day) amendment of section, see § 1602 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574). For temporary (90 day) taxicab driver security revolving fund provisions, see § 2 of Taxicab Driver Security Revolving Fund Emergency Act of 2001 (D.C. Act 14-171, November 19, 2001, 48 DCR 11037). For temporary (90 day) taxicab driver security revolving fund provisions, see § 2 of Taxicab Driver Security Revolving Fund Congressional Review Emergency Act of 2002 (D.C. Act 14-283, February 25, 2002, 49 DCR 2308). For temporary (90 day) addition of §§ 50-321 and 50-322, see § 2502(c) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026). For temporary (90 day) amendment of section, see § 6041 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 6041 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). For temporary (90 day) amendment of section, see § 2(b) of the Taxicab Service Improvement Emergency Amendment Act of 2012 (D.C. Act 19-403, July 24, 2012, 59 DCR 9116). For temporary (90 days) amendment of this section, see § 6042 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 6042 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). For temporary (90 days) repeal of D.C. Law 19-184, § 7, see § 7007 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) repeal of D.C. Law 19-184, § 7, see § 7007 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). For temporary (90 days) repeal of D.C. Law 19-270, § 5, see § 7017 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) repeal of D.C. Law 19-270, § 5, see 7017 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Temporary Legislation For temporary (225 day) addition, see § 2 of Taxicab Driver Security Revolving Fund Temporary Act of 2001 (D.C. Law 14-89, March 19, 2002, law notification 49 DCR 2994). Short Title Short title: Section 6040 of D.C. Law 18-111 provided that subtitle E of title VI of the act may be cited as the “District of Columbia Taxicab Commission Establishment Amendment Act of 2009”. Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”. Section 6041 of D.C. Law 20-61 provided that Subtitle E of Title VI of the act may be cited as the “Accessible Public Vehicles-for-Hire Amendment Act of 2013”. Editor's Notes 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. Delegation of Authority Delegation of Authority Under the Taxicab Driver Security Revolving Fund Temporary Act of 2001, see Mayor’s Order 2002-109, July 19, 2002 ( 49 DCR 6872). Resolutions Resolution 13-107, the “District of Columbia Taxicab Commission Fund Annual Plan Approval Resolution of 1999”, was approved effective April 13, 1999. Resolution 14-136, the “District of Columbia Taxicab Commission Fund Annual Plan Approval Resolution of 2001”, was approved effective June 26, 2001. Resolution 14-137, the “District of Columbia Taxicab Commission Fund FY 2001 Annual Spending Plan Approval Resolution of 2001”, was approved effective June 26, 2001. Resolution 16-152, the “District of Columbia Taxicab Commission Fund Annual Spending Plan Approval Resolution of 2006”, was approved effective May 3, 2005. Resolution 16-783, the “Fiscal Year 2007 District of Columbia Taxicab Commission Fund Annual Spending Plan Approval Resolution of 2006”, was approved effective August 1, 2006.