D.C. Law 21-242. Vehicle-for-Hire Accessibility Amendment Act of 2016.

D.C. Law 21-242. Vehicle-for-Hire Accessibility Amendment Act of 2016.

AN ACT

To amend the Department of For-Hire Vehicles Establishment Act of 1985 to change the name of the Disability Taxicab Advisory Committee to the Vehicle-for-Hire Accessibility Advisory Committee, to clarify the committee's structure, to provide the committee with administrative and budgetary support, to require private and public vehicle-for-hire companies to maintain records regarding requests for wheelchair-accessible service, and to require companies that use digital dispatch to provide passengers with the ability to request a wheelchair-accessible vehicle; and to amend Chapter 18 of Title 47 of the District of Columbia Official Code to provide a wheelchair-accessible vehicle tax credit for a taxpayer that upgrades a vehicle to make it a wheelchair-accessible vehicle or that purchases a wheelchair-accessible vehicle.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That thisact may be cited as the "Vehicle-for-Hire Accessibility Amendment Act of 2016".

Sec. 2. The Department of For-Hire Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301.01 et seq.), is amended as follows:

Amend § 50-301.03

(a) Section 4(8) (D.C. Official Code § 50-301.03(8)) is amended by striking the phrase "Disability Taxicab Advisory Committee" and inserting the phrase "Vehicle-for-Hire Accessibility Advisory Committee" in its place.

Amend § 50-301.25

(b) Section 20f (D.C. Official Code § 50-301.25) is amended as follows:

(1) The section heading is amended by striking the phrase "Accessible taxicabs" and inserting the phrase "Accessible public and private vehicles-for-hire" in its place.

(2) Subsection (a) is amended by striking the phrase "Taxicab service" and inserting the phrase "Public and private vehicle-for-hire service" in its place.

(3) Subsection (b) is amended as follows:

(A) Paragraph (1) is amended by striking the phrase "Disability Taxicab Advisory Committee to advise the Commission on how to make taxicab service" and inserting the phrase "Vehicle-for-Hire Accessibility Advisory Committee to advise the DFHV on how to make public and private vehicle-for-hire service" in its place.

(B) Paragraph (2)(A) is amended as follows:

(i) Sub-subparagraph (vi) is amended by striking the phrase ", when appropriate; and" and inserting a semicolon in its place.

(ii) Sub-subparagraph (vii) is amended by striking the period and inserting the phrase "; and" in its place.

(iii) A new sub-subparagraph (viii) is added to read as follows:

"(viii) Private vehicle-for-hire companies and private vehicle-for-hire operators, as those terms are defined in section 4(16B) and (16C), respectively.".

(C) A new paragraph (2A) is amended to read as follows:

"(2A)(A) A chairperson, who shall serve for a term of 2 years, shall be elected from among the members or representatives of the disability advocacy community at the first meeting of the Committee and every 2 years thereafter.

"(B) The Committee shall meet, at a minimum, on a quarterly basis, at times to be determined by the chairperson of the Committee at the first meeting of the Committee.

"(C) The DFHV shall provide the Committee with reasonable and accessible accommodations for holding meetings and an annual operating budget, which shall include funds to maintain a website where the Committee shall provide a public listing of members, meeting notices, and meeting minutes.".

(D) Paragraph (3) is repealed.

(E) Paragraph (4) is amended by striking the phrase "transmit to the Mayor and to the Council a report on the accessibility of taxicab service" and inserting the phrase "prepare and make publicly available a report on the accessibility of the vehicle-for-hire industry" in its place.

(4) A new subsection (c-1) is added to read as follows:

"(c-1)(1) Each public or private vehicle-for-hire company shall maintain records for at least 3 years that include:

"(A) The total number of fulfilled requests made to the company for wheelchair-accessible service, including the zip code where each request originated and terminated, and the manner in which each trip was requested; and

"(B) The total number of instances in which an individual requested a trip for wheelchair-accessible service and an operator was not able to fulfill the request, including the zip code where each request originated, and the manner in which each trip was requested.

"(2) Each public or private vehicle-for-hire company shall submit the records described in paragraph (1) of this subsection to the DFHV on an annual basis.

"(3) Any records disclosed to the DFHV under this subsection shall not be disclosed to a third party by the DFHV, including through a request submitted pursuant to the Freedom of Information Act of 1976, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.).".

Amend § 50-301.25a

(c) Section 20f-1 (D.C. Official Code § 50-301.25a) is amended by adding a new subsection (b-1) to read as follows:

"(b-1) A company that provides digital dispatch shall, within 180 days of the effective date of the Vehicle-for-Hire Accessibility Amendment Act of 2016, passed on 2nd reading on December 20, 2016 (Enrolled version of Bill 21-540), provide passengers with the ability to request a wheelchair-accessible vehicle. If the company cannot fulfill the request for a wheelchair-accessible vehicle through the company's digital dispatch, the company may refer the requestor to a company or other provider that can fulfill a request for wheelchair-accessible service.".

Sec. 3. Chapter 18 of Title 47 of the District of Columbia Official Code is amended as follows:

(a) The table of contents is amended as follows:

(1) A new section designation is added to read as follows:

"47-1807.13. Wheelchair-accessible vehicle tax credit.

(2) A new subchapter VII-B is added to read as follows:

"Subchapter VII-B. Wheelchair-Accessible Vehicle Tax Credit.

"47-1807.61. Definitions.

"47-1807.62. Wheelchair-accessible vehicle tax credit.

"47-1807.63. Wheelchair-accessible vehicle tax credit eligibility.

"47-1807.64. Wheelchair-accessible vehicle tax credit application, approval, and calculation.

"47-1807. 65 Wheelchair-accessible vehicle tax credit administration.

"47-1807.66. Rules.

(3) A new section designation is added to read as follows:

"47-1808.13. Wheelchair-accessible vehicle tax credit.

Note § 47-1807.13

(b) A new section 47-1807.13 is added to read as follows:

New § 47-1807.13

"Sec. 47-1807.13. Wheelchair-accessible vehicle tax credit.

"A wheelchair-accessible vehicle tax credit shall be allowed as provided in subchapter VII-B of this chapter.".

(c) A new subchapter VII-B is added to read as follows:

"Subchapter VII-B. Wheelchair-Accessible Vehicle Tax Credit.

New § 47-1807.61

Note § 47-1807.61

"Sec. 47-1807.61. Definitions. [Not Funded]

"For the purposes of this subchapter, the term:(1) "Vehicle-for-hire" means:(2) "Wheelchair-accessible vehicle" shall have the same meaning as provided in § 50-301.03(32).

Note § 47-1807.62

"Sec. 47-1807.62. Wheelchair-accessible vehicle tax credit. [Not Funded]

"For tax years beginning on or after January 1, 2017, but before January 1, 2022, upon application by a taxpayer, in the order of priority received and not to exceed the annual amount allocated therefor in the budget and financial plan, the Mayor, in accordance with this subchapter, shall approve, and there may be allowed, to a taxpayer a refundable wheelchair-accessible vehicle tax credit with respect to the franchise taxes imposed by subchapters VII and VII of this chapter, in an amount determined by the Mayor pursuant to § 47-1807.64.

Note § 47-1807.63

"Sec. 47-1807.63. Wheelchair-accessible vehicle tax credit eligibility. [Not Funded]

"The Mayor shall approve any wheelchair-accessible vehicle tax credits allowed by § 47-1807.62 if a person, corporation, partnership, or association:(1) Upgrades a vehicle to make it a wheelchair-accessible vehicle; or(2) Purchases a wheelchair-accessible vehicle.

Note § 47-1807.64

"Sec. 47-1807.64. Wheelchair-accessible vehicle tax credit application, approval, and calculation. [Not Funded]

"(a) Within 2 years of becoming eligible pursuant to § 47-1807.63, a taxpayer shall apply for, and the Mayor shall approve, the wheelchair-accessible vehicle tax credit as follows:(b) The wheelchair-accessible vehicle tax credit shall be calculated by the Mayor as follows:

Note § 47-1807.65

"Sec. 47-1807.65. Wheelchair-accessible vehicle tax credit administration. [Not Funded].

"(a) A taxpayer that receives approval for a wheelchair-accessible vehicle tax credit shall promptly notify the Mayor if the wheelchair-accessible vehicle for which the taxpayer received a wheelchair-accessible vehicle tax credit is sold or not used to provide vehicle-for-hire services. The approval shall be void if the taxpayer that receives approval does not use the wheelchair-accessible vehicle for vehicle-for-hire services for one year after receiving approval.(b) The Mayor shall certify, to the Office of Tax and Revenue, the following information for each applicant that the Mayor has approved for a wheelchair-accessible tax credit pursuant to this subchapter:(c) The Chief Financial Officer may audit the accounts of a taxpayer receiving a wheelchair-accessible vehicle tax credit up to 3 years following the issuance of any credit.

Note § 47-1807.66

"Sec. 47-1807.66. Rules. [Not Funded]

"The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter.".

(d) A new section 47-1808.13 is added to read as follows:

New § 47-1808.13

Note § 47-1808.13

"Sec. 47-1808.13. Wheelchair-accessible vehicle tax credit.

"A wheelchair-accessible vehicle tax credit shall be allowed as provided in subchapter VII-B of this chapter.".

Sec. 4. Applicability.

Note § 47-1807.13, § 47-1808.13

(a) Section 3 shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.