Senate Bill S4441

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4441

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law,  in  relation  to  unlawful
  solicitation  of  ground  transportation  services on public roads and
  within public parking lots

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1220-d to read as follows:
  S 1220-D. UNLAWFUL SOLICITATION OF GROUND TRANSPORTATION  SERVICES  ON
PUBLIC  ROADS  AND WITHIN PUBLIC PARKING LOTS. 1. NO PERSON SHALL UNLAW-
FULLY SOLICIT GROUND TRANSPORTATION SERVICES ON PUBLIC ROADS AND  WITHIN
PUBLIC  PARKING LOTS. A PERSON UNLAWFULLY SOLICITS GROUND TRANSPORTATION
SERVICES WHEN SUCH PERSON, WITHOUT BEING AUTHORIZED  TO  DO  SO  BY  ANY
PROVISION  OF  THIS  CHAPTER  OR ANY OTHER LAW, OR WITHOUT HAVING MADE A
PRIOR AGREEMENT TO PROVIDE GROUND TRANSPORTATION SERVICES TO A  SPECIFIC
PATRON, ENGAGES OR OFFERS TO ENGAGE IN ANY BUSINESS, TRADE OR COMMERCIAL
TRANSACTION  INVOLVING  THE  RENDERING  TO  ANOTHER PERSON OF ANY GROUND
TRANSPORTATION SERVICES.
  2. AS USED IN THIS SECTION, THE TERM "GROUND  TRANSPORTATION  SERVICE"
SHALL  MEAN A SERVICE OFFERING TRANSPORTATION BY ANY VEHICLE INCLUDING A
CAR, LIMOUSINE, VAN OR BUS.
  3. ANY PERSON WHO ENGAGES  IN  THE  UNLAWFUL  SOLICITATION  OF  GROUND
TRANSPORTATION  SERVICES  IN VIOLATION OF THIS SECTION SHALL FOR A FIRST
CONVICTION THEREOF BE PUNISHED BY A FINE OF NOT LESS  THAN  ONE  HUNDRED
DOLLARS  NOR  MORE THAN TWO HUNDRED FIFTY DOLLARS, OR BY IMPRISONMENT OF
NOT MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR  A
SECOND  CONVICTION THEREOF, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD
OF TWELVE MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE  OF  NOT  LESS
THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS, OR BY
IMPRISONMENT  OF  NOT  MORE  THAN  THIRTY  DAYS OR BY BOTH SUCH FINE AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11359-01-9
              

S. 4441                             2

IMPRISONMENT; UPON A THIRD OR  SUBSEQUENT  CONVICTION  THEREOF,  ALL  OF
WHICH  WERE  COMMITTED  WITHIN  A PERIOD OF EIGHTEEN MONTHS, SUCH PERSON
SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT  LESS  THAN
SEVEN  HUNDRED  FIFTY  DOLLARS,  NOR MORE THAN ONE THOUSAND FIVE HUNDRED
DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN FORTY-FIVE DAYS, OR BY BOTH
SUCH FINE AND IMPRISONMENT. NOTWITHSTANDING ANY  CONTRARY  PROVISION  OF
LAW, ANY CHARGE ALLEGING A VIOLATION OF THIS SECTION SHALL BE RETURNABLE
BEFORE A COURT HAVING JURISDICTION OVER MISDEMEANORS.
  S 2. This act shall take effect immediately.