Code of the District of Columbia

§ 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.