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

                                  5825

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 18, 2011
                               ___________

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

AN ACT in relation to livery permits in the city of New York

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

  Section  1.  Legislative  findings. The legislature finds and declares
that the public health, safety and welfare of the residents of the state
of New York traveling to, from and within the city  of  New  York  is  a
matter  of  substantial state concern, which includes access to safe and
reliable mass transportation such as taxicabs. The majority of residents
and nonresidents of the city of New York do not currently have access to
the necessary amount of legal, licensed taxicabs  available  for  street
hails  when  traveling  within the city.   Improving access to such mass
transportation, including taxicabs, furthers this matter of  substantial
state  concern.  Additionally,  the  legislature finds and declares that
there should be a greater amount of taxicabs serving  the  city  of  New
York  that  are  designed to foster increased access, mobility and inde-
pendence of persons with disabilities. The health, safety and welfare of
these persons with disabilities is placed at risk without  adequate  and
reliable transportation.
  S  2. The city of New York may, acting by the mayor alone, administra-
tively authorize the New York city taxi and limousine commission or  its
successor  agency  to  issue  up  to  one  thousand five hundred taxicab
licenses in addition to those already issued,  provided,  however,  that
five  hundred sixty-nine of such taxicab licenses shall be restricted to
vehicles that are accessible to individuals with disabilities,  provided
further that such additional licenses shall be issued by public sale and
shall  be  fully transferable. The commission or successor thereto shall
prescribe by regulation the procedures for the issuance and public  sale
of  such  additional  licenses,  by public auction, sealed bids or other
competitive process. Such additional licenses may be issued on or  after

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13200-01-1
              

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July 1, 2012.  The authorization provided in this section is conditioned
upon the commission making available for issuance the permits authorized
pursuant to sections three and four of this act and the establishment of
the task force pursuant to section five of this act.
  S  3.  The  New  York  city taxi and limousine commission or successor
agency is hereby authorized to issue non-transferable permits to  owners
of  for-hire  vehicles, as defined in subdivision g of section 19-502 of
the administrative code of the city of New York, allowing such  vehicles
to  pick  up passengers by street hail in parts of New York city outside
Manhattan, excluding airports, and in Manhattan north  of  east  ninety-
sixth street and north of west one hundred tenth street ("hail privilege
vehicle  permits"),  provided  that no more than thirty thousand permits
shall be held at one time.  Such geographic limitations may be  extended
by such taxi and limousine commission or successor agency, acting pursu-
ant  to  the  recommendations  of the task force established pursuant to
section five of this act. Such hail privilege vehicle permits  shall  be
issued beginning no later than the public sale of the additional taxicab
medallions  issued pursuant to section two of this act, for a fee in the
amount of one thousand five hundred dollars,  and  shall  be  valid  for
three  years prior to renewal. Such right to renewal shall be automatic,
upon payment of a renewal fee, if the owner is in good standing.    Such
fee  amount  may  be  increased by such taxi and limousine commission or
successor agency to account for changes in the  United  States  consumer
price index, adjusted for inflation. The initial sale of such hail priv-
ilege  vehicle  permits  shall  be limited to current owners of for-hire
vehicles, as defined by subdivision g of section 19-502 of the  adminis-
trative  code  of  the  city  of New York, who have been licensed for at
least three years and are in good standing with the New York  city  taxi
and limousine commission. The city of New York, acting through such taxi
and  limousine  commission,  is  hereby authorized and empowered to take
such actions as are necessary and desirable to implement the  provisions
of  this  section,  subject  only  to the procedures and limitations set
forth in this section, and shall not be required to engage in any review
provided for by any provision of law or make or obtain any determination
not expressly required by this section. Nothing in  this  section  shall
prohibit  an  owner of a for-hire vehicle as defined by subdivision g of
section 19-502 of the administrative code of the city of New  York,  who
possesses a hail privilege vehicle permit pursuant to this section, from
accepting  prearranged calls from a for-hire vehicle base station estab-
lished pursuant to section 19-511 of the administrative code of the city
of New York, provided that such owner is separately licensed to  do  so.
Nothing  in this section shall prohibit such owner from allowing another
driver who meets such taxi and limousine commission's or successor agen-
cy's designated standards to use the vehicle and exercise the privileges
of the hail privilege vehicle permit. Such taxi and limousine commission
or successor agency may by rule govern the equipment  of  such  vehicles
with  meters  and  the rates that may be charged for trips in such vehi-
cles.
  S 4. The New York city taxi and limousine commission is hereby author-
ized to issue non-transferable permits to for-hire vehicle base stations
established pursuant to section 19-511 of the administrative code of the
city of New York, allowing such base  stations  to  be  affiliated  with
holders  of  permits issued pursuant to section three of this act ("hail
privilege base permit"), provided that no more than four  hundred  fifty
permits  shall  be  held at one time.   Every holder of a hail privilege
vehicle permit issued pursuant to section three of  this  act  shall  be

S. 5825                             3

affiliated with one such base station. Hail privilege base permits shall
be  issued  to  base  stations pursuant to this section for a fee in the
amount of three thousand dollars, and shall be  valid  for  three  years
prior to renewal. Such right to renewal shall be automatic, upon payment
of  a  renewal  fee,  if the base station is in good standing.  Such fee
amount may be increased by such taxi and limousine commission or succes-
sor agency to account for changes in the United  States  consumer  price
index,  adjusted  for inflation. The initial sale of such hail privilege
base permits will be limited to existing for-hire vehicle base  stations
established pursuant to section 19-511 of the administrative code of the
city  of New York, that have been in operation for at least three years.
Such hail privilege base permits shall be issued beginning no later than
the public sale of the additional taxicab medallions issued pursuant  to
section  two of this act. The city of New York, acting through such taxi
and limousine commission, is hereby authorized  and  empowered  to  take
such  actions as are necessary and desirable to implement the provisions
of this section, subject only to  the  procedures  and  limitations  set
forth in this section, and shall not be required to engage in any review
provided for by any provision of law or make or obtain any determination
not expressly required by this section.
  S  5.  There  is  established  a  task force on areas of New York city
underserved by medallion taxicabs, consisting  of  four  members  to  be
appointed  as  follows: one by the mayor of the city of New York, one by
the temporary president of the senate, one by the speaker of the  assem-
bly and one by the speaker of the New York city council. Such task force
shall  hold  public hearings in each of the five boroughs of the city of
New York. The task force shall prepare and, no  later  than  two  months
after  the  date  this  act  shall take effect, submit to the appointing
authorities of such task force a report and recommendations  identifying
areas of New York city that are underserved by medallion taxicabs, areas
that  are  intensely  served  by  medallion  taxicabs and areas that are
adequately served by medallion taxicabs. Such task force may also  iden-
tify  up  to  five  locations,  including  airports, in each of the five
boroughs of the city of New  York,  where  for-hire  vehicles  shall  be
prohibited from accepting street hail passengers. Such report and recom-
mendations  must be approved by all of the members of the task force and
shall be implemented by rule of such commission, provided, however, that
the failure by the task force to present such report and recommendations
shall in no way prevent the implementation of any provision of this act.
  S 6. This act shall take effect immediately.