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

                                  6118

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

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

AN ACT to amend a chapter of the laws of 2011 relating to livery permits
  in the city of New York, as proposed in legislative bills  numbers  S.
  5825  and A.   8496, in relation to authorizing New York city to issue
  up to two thousand new taxicab licenses to vehicles that are  accessi-
  ble  to  individuals  with  disabilities, authorizing New York City to
  issue eighteen thousand hail vehicle licenses and  authorizing  up  to
  four hundred fifty hail base permits to for-hire base stations; and to
  amend the tax law, the administrative code of the city of New York and
  the vehicle and traffic law, in relation to taxicabs and HAIL licenses
  in  New  York city; and to repeal certain sections of a chapter of the
  laws of 2011 relating to livery permits in the city of  New  York,  as
  proposed in legislative bills numbers S.5825 and A.8496

  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, including access to safe and  reli-
able mass transportation such as taxicabs. The majority of residents and
non-residents  of  the city of New York do not currently have sufficient
access to legal, licensed taxicabs available for  street  hails  in  the
city  of New York. Additionally, the legislature finds and declares that
it is a matter of public health, safety and welfare to  ensure  adequate
and  reliable transportation accessible to individuals with disabilities
in the city of New York.  Currently, approximately 1.8  percent  of  the
city's  approximately thirteen thousand yellow taxicabs is accessible to
individuals with disabilities, and an even  smaller  percentage  of  the
city's  approximately  twenty-three thousand livery vehicles is accessi-
ble. This supply of  accessible  vehicles  is  insufficient  to  provide
adequate and reliable transportation for the residents of and the commu-
ters  and  visitors to New York city who have disabilities and therefore

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12108-04-1

S. 6118                             2

inhibits their basic daily activities. This lack of accessible  vehicles
also  prevents  individuals with disabilities from being able to rely on
the street hail system to get to a destination quickly, particularly  in
an  emergency, or to travel to a location not near a subway or bus stop.
Improving access to mass transportation,  including  taxicabs,  for  the
residents  of  and  the commuters and visitors to New York city furthers
these matters of substantial state concern.
  S 2. Sections 2, 3 and 5 of a chapter of the laws of 2011 relating  to
livery permits in the city of New York, as proposed in legislative bills
numbers S.5825 and A.8496, are REPEALED.
  S  3.  Sections  4  and 6 of a chapter of the laws of 2011 relating to
livery permits in the city of New York, as proposed in legislative bills
numbers S.5825 and A.8496, are amended to read as follows:
  S 4. HAIL BASE PERMIT ISSUANCE. The New York city taxi  and  limousine
commission  OR SUCCESSOR AGENCY is hereby authorized to issue non-trans-
ferable 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]
LICENSES issued pursuant to section [three] FIVE of [this act] A CHAPTER
OF  THE  LAWS OF 2012 ENTITLED "AN ACT TO AMEND A CHAPTER OF THE LAWS OF
2011 RELATING TO LIVERY PERMITS IN THE CITY OF NEW YORK, AS PROPOSED  IN
LEGISLATIVE  BILLS NUMBERS S. 5825 AND A. 8496, IN RELATION TO AUTHORIZ-
ING NEW YORK CITY TO ISSUE UP TO TWO THOUSAND NEW  TAXICAB  LICENSES  TO
VEHICLES THAT ARE ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES, AUTHORIZ-
ING  NEW  YORK CITY TO ISSUE EIGHTEEN THOUSAND HAIL VEHICLE LICENSES AND
AUTHORIZING UP TO FOUR HUNDRED FIFTY HAIL BASE PERMITS TO FOR-HIRE  BASE
STATIONS;  AND TO AMEND THE TAX LAW, THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK AND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO TAXICABS AND
HAIL LICENSES IN NEW YORK CITY; AND TO  REPEAL  CERTAIN  SECTIONS  OF  A
CHAPTER  OF  THE  LAWS OF 2011 RELATING TO LIVERY PERMITS IN THE CITY OF
NEW YORK, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS  S.5825  AND  A.8496"
("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] LICENSE issued pursuant to  section  [three
of  this  act] FIVE OF A CHAPTER OF THE LAWS OF 2012 ENTITLED "AN ACT TO
AMEND A CHAPTER OF THE LAWS OF 2011 RELATING TO LIVERY  PERMITS  IN  THE
CITY  OF  NEW YORK, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 5825 AND
A. 8496, IN RELATION TO AUTHORIZING NEW YORK CITY TO  ISSUE  UP  TO  TWO
THOUSAND  NEW  TAXICAB LICENSES TO VEHICLES THAT ARE ACCESSIBLE TO INDI-
VIDUALS WITH DISABILITIES, AUTHORIZING NEW YORK CITY TO  ISSUE  EIGHTEEN
THOUSAND  HAIL VEHICLE LICENSES AND AUTHORIZING UP TO FOUR HUNDRED FIFTY
HAIL BASE PERMITS TO FOR-HIRE BASE STATIONS FOR SUCH  VEHICLES;  AND  TO
AMEND  THE  TAX LAW, THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND
THE VEHICLE AND TRAFFIC LAW, IN RELATION TO TAXICABS AND  HAIL  LICENSES
IN  NEW  YORK  CITY;  AND TO REPEAL CERTAIN SECTIONS OF A CHAPTER OF THE
LAWS OF 2011 RELATING TO LIVERY PERMITS IN THE  CITY  OF  NEW  YORK,  AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S.5825 AND A.8496" shall be affil-
iated 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] THE right to renewal shall be automatic, upon payment of
a renewal fee, if the base station is in good standing.    Such  RENEWAL
fee  amount  may  be  increased by such taxi and limousine commission or
successor agency to account for changes in the [United States] NEW  YORK
-  NORTHERN  NEW JERSEY - LONG ISLAND consumer price index, adjusted for
inflation. The initial [sale] ISSUANCE of  such  hail  [privilege]  base

S. 6118                             3

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
AND  ARE  IN  GOOD  STANDING  WITH SUCH TAXI AND LIMOUSINE COMMISSION OR
SUCCESSOR AGENCY. Such hail [privilege] base  permits  shall  be  issued
beginning  no  later  than  the  public  sale  of the additional taxicab
[medallions] LICENSES issued pursuant to section [two of this act] EIGHT
OF A CHAPTER OF THE LAWS OF 2012 ENTITLED "AN ACT TO AMEND A CHAPTER  OF
THE  LAWS OF 2011 RELATING TO LIVERY PERMITS IN THE CITY OF NEW YORK, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 5825 AND A. 8496,  IN  RELATION
TO  AUTHORIZING  NEW  YORK  CITY TO ISSUE UP TO TWO THOUSAND NEW TAXICAB
LICENSES TO VEHICLES THAT ARE ACCESSIBLE TO INDIVIDUALS  WITH  DISABILI-
TIES,  AUTHORIZING NEW YORK CITY TO ISSUE EIGHTEEN THOUSAND HAIL VEHICLE
LICENSES AND AUTHORIZING UP TO FOUR HUNDRED FIFTY HAIL BASE  PERMITS  TO
FOR-HIRE  BASE  STATIONS;  AND  TO AMEND THE TAX LAW, THE ADMINISTRATIVE
CODE OF THE CITY OF NEW  YORK  AND  THE  VEHICLE  AND  TRAFFIC  LAW,  IN
RELATION  TO  TAXICABS AND HAIL LICENSES IN NEW YORK CITY; AND TO REPEAL
CERTAIN SECTIONS OF A CHAPTER OF THE LAWS OF  2011  RELATING  TO  LIVERY
PERMITS  IN  THE  CITY  OF  NEW  YORK,  AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S.5825 AND A.8496".  The city of New York, acting  through  such
taxi  and limousine commission OR SUCCESSOR AGENCY, 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  6.  This  act  shall  take  effect immediately.   THIS ACT SHALL BE
CONSTRUED AS A WHOLE, AND ALL PARTS OF IT ARE TO BE READ  AND  CONSTRUED
TOGETHER.  IF  ANY  PART OF THIS ACT OR ANY AMENDMENTS MADE THERETO BY A
CHAPTER OF THE LAWS OF 2012 ENTITLED "AN ACT TO AMEND A CHAPTER  OF  THE
LAWS  OF  2011  RELATING  TO  LIVERY PERMITS IN THE CITY OF NEW YORK, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 5825 AND A. 8496,  IN  RELATION
TO  AUTHORIZING  NEW  YORK  CITY TO ISSUE UP TO TWO THOUSAND NEW TAXICAB
LICENSES TO VEHICLES THAT ARE ACCESSIBLE TO INDIVIDUALS  WITH  DISABILI-
TIES,  AUTHORIZING NEW YORK CITY TO ISSUE EIGHTEEN THOUSAND HAIL VEHICLE
LICENSES AND AUTHORIZING UP TO FOUR HUNDRED FIFTY HAIL BASE  PERMITS  TO
FOR-HIRE  BASE  STATIONS;  AND  TO AMEND THE TAX LAW, THE ADMINISTRATIVE
CODE OF THE CITY OF NEW  YORK  AND  THE  VEHICLE  AND  TRAFFIC  LAW,  IN
RELATION  TO  TAXICABS AND HAIL LICENSES IN NEW YORK CITY; AND TO REPEAL
CERTAIN SECTIONS OF A CHAPTER OF THE LAWS OF  2011  RELATING  TO  LIVERY
PERMITS  IN  THE  CITY  OF  NEW  YORK,  AS PROPOSED IN LEGISLATIVE BILLS
NUMBERS S.5825 AND A.8496" SHALL BE ADJUDGED BY ANY COURT  OF  COMPETENT
JURISDICTION  TO  BE INVALID, THE REMAINDER OF THIS ACT SHALL BE INVALI-
DATED AND SHALL BE DEEMED TO HAVE NOT  TAKEN  EFFECT,  PROVIDED  HOWEVER
THAT  THE  VALIDITY  OF  ANY TAXICAB LICENSE ISSUED BEFORE THE DATE THAT
THIS ACT IS DECLARED INVALID SHALL NOT BE AFFECTED.
  S 4. Definitions.  Notwithstanding any other law to the  contrary,  as
used in this act, the term:
  (a) "Accessible vehicle" means a for-hire vehicle that is designed for
the  purpose  of transporting persons in wheelchairs or contains a phys-
ical device or alteration designed to permit access to  and  enable  the
transportation  of  persons in wheelchairs in accordance with the Ameri-
cans with Disabilities Act.
  (b) "Hail Accessible Inter-borough license" or "HAIL license" means  a
license  issued  by the New York city taxi and limousine commission that
authorizes a designated vehicle to pick up  passengers  by  street  hail

S. 6118                             4

outside  of  the HAIL exclusionary zone.  Provided, however, that a HAIL
vehicle shall be permitted to accept passengers by prearranged  call  at
airports and outside the HAIL exclusionary zone.
  (c) "HAIL exclusionary zone" means airports in the city of New York in
which  a HAIL vehicle is prohibited from pick-up of passengers by street
hail and that area of the city of New York in Manhattan  south  of  east
ninety-sixth  street and south of west one hundred tenth street in which
a HAIL vehicle is prohibited from pick-up of passengers by  street  hail
or  pre-arranged  call  and in such other areas as the TLC shall by rule
prohibit HAIL vehicles from accepting passengers by street hail consist-
ent with this act.   Provided, however, that a  HAIL  vehicle  shall  be
permitted  to  accept  passengers  by  prearranged  call at airports and
outside the HAIL exclusionary zone.
  (d) "For-hire vehicle" means a motor vehicle carrying passengers  for-
hire  in the city, with a seating capacity of twenty passengers or less,
not including the driver, other than a taxicab, coach, commuter  van  or
an  authorized  bus  operating pursuant to applicable provisions of law.
For the purpose of this subdivision, "seating  capacity"  shall  include
any plain view location which is capable of accommodating a normal adult
as  part of an overall seat configuration and design and is likely to be
used as a seating position while the vehicle is in motion.
  (e) "For-hire driver" means a driver licensed  pursuant  to  paragraph
(iii)  of  subdivision a of section 19-505 of the administrative code of
the city of New York.
  (f) "HAIL vehicle" means a for-hire vehicle having a taximeter  and  a
TLC-sanctioned trip record system and subject to a HAIL license.
  (g)  "TLC"  means the New York city taxi and limousine commission or a
successor agency.
  S 5. HAIL license issuance.  (a) The TLC is hereby authorized to issue
hail accessible inter-borough licenses. No more than  eighteen  thousand
HAIL licenses shall be issued.
  (b)  Six  thousand of such HAIL licenses shall be issued within twelve
months from the date on which the first HAIL license is  issued  ("first
issuance").  Any  of the six thousand licenses authorized for such issu-
ance not issued within the first twelve months shall be  authorized  for
issuance  in  the second issuance in addition to those authorized in the
second issuance, as defined in this subdivision.  Twenty percent of  the
HAIL  licenses issued in the first issuance will be restricted to acces-
sible vehicles, and for  every  block  of  one  thousand  HAIL  licenses
issued, the twenty percent requirement must be met prior to the issuance
of  any  additional HAIL licenses.  The TLC will study and report on the
accessibility of vehicles with HAIL licenses in the Disabled Accessibil-
ity Plan and may recommend that a different percentage of HAIL  licenses
be  restricted  to accessible vehicles for the remaining twelve thousand
HAIL licenses. Without such approved modification, twenty percent of the
remaining twelve thousand licenses  will  be  restricted  to  accessible
vehicles,  and for every block of one thousand HAIL licenses issued, the
twenty percent requirement must be met prior  to  the  issuance  of  any
additional  HAIL licenses.   Twelve months after the first issuance, the
TLC may issue up to six thousand additional HAIL licenses  (the  "second
issuance").  One year after the second issuance, the TLC may issue up to
six thousand additional HAIL licenses ("third issuance").   Any  of  the
HAIL  licenses authorized for issuance during the first and second issu-
ances not issued within the first twenty-four months shall be authorized
for issuance in addition to those authorized in the third issuance.  The
TLC may reissue pursuant to this act a HAIL license that is  revoked  or

S. 6118                             5

has  otherwise  reverted to the TLC. Within the first three years of the
first issuance, HAIL licenses may be issued only to owners  of  for-hire
vehicles  or  for-hire  drivers who have been licensed by the TLC for at
least  one  year  and  are  in good standing with the TLC; provided that
three months after the first issuance any remaining HAIL licenses in the
first issuance restricted to accessible vehicles authorized for issuance
may be issued without regard to such restrictions  in  a  manner  to  be
determined by the TLC.
  (c)  An  individual  or  entity  may only own one HAIL license. A HAIL
license may not be transferred or issued to an individual or  entity  if
such  individual  or entity has a fiduciary relationship with, an owner-
ship interest in or is otherwise a member of any other entity, including
without limitation a corporation, partnership, limited liability  corpo-
ration, limited liability partnership, joint venture or association that
owns  a  HAIL license issued or transferred pursuant to this section and
section seven of this act.
  (d) HAIL licenses shall be issued for a fee in the amount of one thou-
sand five hundred dollars in the first issuance, three thousand  dollars
in  the  second  issuance  and four thousand five hundred dollars in the
third issuance. A HAIL license shall be valid for three years  prior  to
renewal.  The  right  to  renewal  shall be automatic, upon payment of a
renewal fee in an amount to be specified by the TLC, if the owner is  in
good standing.
  (e)  The TLC may designate additional areas outside of Manhattan to be
included in the HAIL exclusionary zone, based upon the HAIL market anal-
ysis pursuant to section six of this act.
  (f) Nothing in this section shall prohibit  an  owner  of  a  for-hire
vehicle that is not a HAIL vehicle from accepting prearranged calls from
a  for-hire  vehicle base station established pursuant to section 19-511
of the administrative code of the city  of  New  York  from  picking  up
passengers  by  pre-arranged  call  inside  the  HAIL exclusionary zone,
provided that such owner is licensed to do so.  Nothing in this  section
shall prohibit the owner of a HAIL vehicle from accepting a pre-arranged
call  from  a  for-hire  base  outside the HAIL exclusionary zone and at
airports.
  (g) Nothing in this section shall prohibit  an  owner  of  a  for-hire
vehicle  who  possesses  a HAIL license from allowing a driver who meets
the TLC's designated standards to operate the vehicle and  exercise  the
privileges of the HAIL license. The TLC may by rule govern the equipment
of such vehicles, including but not limited to meters that calculate the
fares  that  may  be charged for trips in such vehicles.  The TLC may by
rule provide for the  licensing  of  businesses  which  manufacture  and
provide  such  equipment to the owners of HAIL vehicles and adopt penal-
ties for drivers who charge fares in excess of the approved rate of fare
or refuse to take passengers to any destination within the city  of  New
York provided that rules promulgated for the purposes of licensing shall
comply  with  chapter  45  of  the  charter  of the city of New York and
provided further that the TLC shall, before revoking or  suspending  any
such  license,  provide  such  licensee notice and an opportunity for an
adjudication pursuant to section 1046 of the charter of the city of  New
York.
  (h) The city of New York, acting through the TLC, is hereby authorized
and  empowered  to  take  such actions as are necessary and desirable to
implement the provisions of this section and section nine of  this  act,
subject  only  to  the procedures and limitations set forth in this act,
and shall not be required to engage in any review provided  for  by  any

S. 6118                             6

provision  of  law  or  make  or  obtain any determination not expressly
required by this act.
  S  6.  HAIL  market  analysis.  Prior to the second issuance and third
issuance, the TLC shall prepare and submit (i) to  the  council  of  the
city of New York for its comments, (ii) for public comment, and (iii) to
the New York state department of transportation for its comments, a HAIL
market  analysis examining HAIL vehicle rider demand, shortages, and the
need for adequate and affordable transportation, including  an  analysis
of  (a)  the need for additional HAIL licenses to meet rider demand, (b)
the adequacy of enforcement provisions governing HAIL licenses, (c)  the
adequacy  of the HAIL exclusionary zone, (d) the state of the market for
issuance or other transfer of such licenses, (e) the impact of such  new
licensing on for-hire vehicle license owners, taxicab license owners and
other industry participants that have not obtained such license, (f) the
impact  of  additional  license  issuance  on  traffic safety and street
congestion within the city of New York, (g) the need for related  statu-
tory  or regulatory changes, (h) actions by the TLC on:  (i) the promul-
gation of rules and regulations governing HAIL vehicles and the enforce-
ment  of  existing  laws,  rules  and  regulations  governing   for-hire
vehicles,  taxicabs,  HAIL  vehicles and vehicles that operate without a
valid license issued by the TLC, (ii) the allocation  of  resources  for
enforcement and (iii) deterring and punishing individuals who repeatedly
violate  such laws, rules and regulations; and (i) implementation of the
HAIL license system and its integration into the New York  city  transit
system.
  S  7.  Transfer  of  the  HAIL licenses. Subject to subdivision (c) of
section five of this act, each HAIL license issued by the TLC  shall  be
transferable  to  owners  of  for-hire vehicles licensed by the TLC or a
for-hire driver in good standing with the TLC.
  S 8. Accessible taxicab license issuance. The city of  New  York  may,
acting  by  the  mayor  alone, administratively authorize the TLC or its
successor agency to issue up to two thousand taxicab licenses  in  addi-
tion  to  those  already  issued,  provided,  however, that such taxicab
licenses shall be restricted to vehicles designated for the  purpose  of
transporting  persons  in wheelchairs or containing a physical device or
alteration designed to permit access to and enable the transportation of
persons in wheelchairs in accordance with the Americans  with  Disabili-
ties Act, provided further that such additional licenses shall be issued
by public sale and shall be fully transferable and provided further that
no  more  than  four  hundred  of  the taxicab licenses authorized to be
issued pursuant to this act may be issued until the Disabled Accessibil-
ity Plan is approved by the New York state department of transportation.
The TLC 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. The authorization  provided  in  this
section  is  conditioned  upon the TLC making available for issuance the
licenses and permits authorized pursuant to section five of this act and
section 4 of a chapter of the laws of 2011 relating to livery permits in
the city of New York, as proposed in legislative  bills  numbers  S.5825
and A.8496.
  S 9. Promoting accessibility. (a) The TLC shall establish a program to
support  the  introduction  of accessible vehicles into the HAIL vehicle
fleet  by:    (i)  providing  grants  to  purchasers  of  HAIL  licenses
restricted to accessible vehicles as provided in subdivision (b) of this
section;  or  (ii) providing vehicles to purchasers of the HAIL licenses

S. 6118                             7

restricted to accessible vehicles on affordable and financially feasible
terms.
  (b)  Purchasers  of  hail  licenses  restricted to accessible vehicles
issued pursuant to this act shall be eligible to apply for grants in  an
amount  up  to  fifteen thousand dollars, which shall be applied towards
the costs of:  (i) purchasing an accessible vehicle for use  as  a  HAIL
vehicle;  or (ii) retrofitting a vehicle to be an accessible vehicle for
use as a HAIL vehicle. The total amount of such grants shall not  exceed
fifty-four million dollars.
  (c)  The  TLC  may  increase  the amount of each grant by an amount it
deems necessary to encourage the availability of accessible vehicles.
  (d) The TLC shall administer the program established pursuant to  this
section and shall establish rules and regulations necessary to implement
the provisions of this section.
  (e) All accessible vehicles shall be inspected at an inspection facil-
ity  operated  by  the  TLC  not  less  than once every eight months, in
accordance with a procedure to be established by the TLC to ensure  that
such vehicles are accessible vehicles. If any such vehicle fails to pass
its  inspection  for  any reason relating to such standards, it shall be
reinspected. The TLC or any other agency authorized by law  may  conduct
on-street inspections of vehicles licensed pursuant to the provisions of
this  act.  The date of the inspection of such vehicle and the signature
of the persons making the inspection shall be recorded  upon  a  certif-
icate  to  be  posted in each such vehicle. An owner shall be ordered by
the TLC to repair or replace his or her vehicle where it appears that it
is no longer an accessible vehicle. Upon failure of such owner  to  have
his or her vehicle inspected or to comply with any such order within ten
days after service thereof, the license shall be suspended; upon failure
of  such  owner  to comply with any such order within one hundred twenty
days after service thereof, the license may, at the  discretion  of  the
TLC, be deemed to have been abandoned by non-use.
  S  10.  Disabled accessibility plan. Not later than one year after the
initial issuance of HAIL vehicle licenses, the  TLC  shall  prepare  and
submit  to  the New York state department of transportation a comprehen-
sive plan (the "disabled accessibility plan") that:
  (a) sets forth an accessibility plan that (i) will lead to  meaningful
accessibility  over  a period of years for individuals with disabilities
to all taxicabs, for-hire vehicles and HAIL vehicles through  a  gradual
phase-in  of  accessible  vehicles  to the taxicab, for-hire vehicle and
HAIL vehicle transport system, (ii) makes accessible vehicles  available
based  on  need  within geographic areas of the city of New York by for-
hire vehicle base stations established pursuant to section 19-511 of the
administrative code of the city of New York and provides the  method  to
be  used  by the TLC to calculate such need and monitor availability and
(iii) may  include  alternate  means  of  increasing  marketability  and
adequacy  of incentives to purchase accessible licenses so that accessi-
bility requirements can be achieved;
  (b) The disabled accessibility plan either shall contain a recommenda-
tion for the percentage of HAIL licenses issued in the second and  third
issuances  to be restricted to accessible vehicles, or if no recommenda-
tion is made, the required percentage of  HAIL  licenses  restricted  to
accessible  vehicles  set  for the first issuance shall remain in effect
for the second and third  issuances,  and  the  TLC  shall  continue  to
require  that  for every block of one thousand HAIL licenses issued, the
twenty percent requirement provided in subdivision (b) of  section  five

S. 6118                             8

of  this  act  must  be met prior to the issuance of any additional HAIL
licenses.
  (c)  The disabled accessibility plan shall be prepared in consultation
and cooperation with disability rights advocates and other  stakeholders
and  shall  be  submitted to the council of the city of New York for its
comments, which comments shall be considered by the  TLC  prior  to  its
submission  to  the New York state department of transportation. The New
York state department of transportation may recommend changes or  amend-
ments  to  the  TLC  as  a condition of its approval and must approve or
reject the disabled accessibility plan within sixty days  of  submission
by  the  TLC.  The city of New York, acting through the TLC, and the New
York state  department  of  transportation  are  hereby  authorized  and
empowered  to take such actions as are necessary and desirable to imple-
ment 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 act.
  (d)  The TLC shall not be permitted to issue more than four hundred of
the taxicab licenses authorized to be issued pursuant to this act  until
this  plan  is  approved by the New York state department of transporta-
tion.  Upon such approval by such department, the issuance by the TLC of
more than four hundred taxicab licenses pursuant to this act  shall  not
be affected by the pendency, the final determination or other outcome of
any  action  or  proceeding  to  which  the New York state department of
transportation or its commissioner is a party that seeks to challenge or
invalidate the approved disabled accessibility plan or any portion ther-
eof.
  S 11. Notwithstanding any of the foregoing it shall remain the  exclu-
sive  right  of  existing  and  future taxicabs licensed by the TLC as a
taxicab to pick up passengers via street hail in such areas of the  city
of  New  York wherein HAIL license holders are prohibited from accepting
such passengers. All vehicles licensed by the TLC as taxicabs  shall  be
permitted to pick up passengers via street hail from any location within
the  city  of New York unless the pick-up of passengers is prohibited by
law. No driver of any for-hire vehicle shall accept a  passenger  within
the  city  of  New  York by means other than pre-arrangement with a base
unless said driver is operating either a (i) taxicab licensed by the TLC
with a medallion affixed thereto, or (ii) a vehicle with  a  valid  HAIL
license  and said passenger is hailing the vehicle from a location where
street hails of such vehicles are permitted.
  S 12. Section 1280 of the tax law  is  amended  by  adding  seven  new
subdivisions (o), (p), (q), (r), (s), (t) and (u) to read as follows:
  (O)  "HAIL  VEHICLE" MEANS A FOR-HIRE VEHICLE HAVING A TAXIMETER AND A
TLC-SANCTIONED TRIP RECORD SYSTEM, LICENSED BY THE TLC TO CARRY  PASSEN-
GERS FOR HIRE AND AUTHORIZED TO ACCEPT HAILS FROM PROSPECTIVE PASSENGERS
IN  THE  STREETS  OF  THE  CITY,  PROVIDED THAT SUCH AUTHORIZATION SHALL
PROHIBIT THE PICK-UP OF PASSENGERS BY STREET HAIL  AT  AIRPORTS  AND  BY
STREET HAIL OR PRE-ARRANGED CALL IN MANHATTAN SOUTH OF EAST NINETY-SIXTH
STREET  AND  SOUTH  OF WEST ONE HUNDRED TENTH STREET, OR IN SUCH AREA AS
THE TLC SHALL BY RULE PROHIBIT PURSUANT TO THE CHAPTER OF  THE  LAWS  OF
2012 WHICH ADDED THIS SUBDIVISION.
  (P)  "FOR-HIRE  VEHICLE" MEANS A MOTOR VEHICLE CARRYING PASSENGERS FOR
HIRE IN THE CITY, WITH A SEATING CAPACITY OF TWENTY PASSENGERS OR  LESS,
NOT  INCLUDING  THE DRIVER, OTHER THAN A TAXICAB, COACH, COMMUTER VAN OR
AN AUTHORIZED BUS OPERATING PURSUANT TO APPLICABLE  PROVISIONS  OF  LAW.
FOR  THE  PURPOSE  OF THIS SUBDIVISION, "SEATING CAPACITY" SHALL INCLUDE

S. 6118                             9

ANY PLAIN VIEW LOCATION WHICH  IS  CAPABLE  OF  ACCOMMODATING  A  NORMAL
ADULT, IS PART OF AN OVERALL SEAT CONFIGURATION AND DESIGN, AND IS LIKE-
LY TO BE USED AS A SEATING POSITION WHILE THE VEHICLE IS IN MOTION.
  (Q) "HAIL VEHICLE OWNER" MEANS A PERSON LICENSED BY THE TLC TO OWN AND
OPERATE,  OR OPERATE, A HAIL VEHICLE FOR WHICH THE TLC HAS ISSUED A HAIL
LICENSE.
  (R) "HAIL LICENSE" MEANS A LICENSE ISSUED BY THE TLC TO A  PERSON  WHO
IS  THE OWNER OR LICENSED OPERATOR OF A FOR-HIRE VEHICLE THAT AUTHORIZES
THAT VEHICLE TO PICK UP PASSENGERS BY STREET HAIL IN THE CITY,  PROVIDED
THAT  SUCH  AUTHORIZATION  SHALL  PROHIBIT  THE PICK-UP OF PASSENGERS BY
STREET HAIL AT AIRPORTS AND BY  STREET  HAIL  OR  PRE-ARRANGED  CALL  IN
MANHATTAN  SOUTH  OF  EAST  NINETY-SIXTH  STREET  AND  SOUTH OF WEST ONE
HUNDRED TENTH STREET, OR IN SUCH AREA AS THE TLC SHALL BY RULE  PROHIBIT
PURSUANT  TO  THE  CHAPTER OF THE LAWS OF 2012 WHICH ADDED THIS SUBDIVI-
SION.
  (S) "HAIL VEHICLE TRIP" MEANS A HAIL VEHICLE TRIP PROVIDED TO  ONE  OR
MORE  PASSENGERS  REGARDLESS  OF THE NUMBER OF STOPS, THAT ORIGINATED BY
STREET HAIL, AND FOR WHICH THE  TAXIMETER  IS  REQUIRED  TO  BE  IN  THE
RECORDING  OR  HIRED  POSITION DESIGNATING A STREET HAIL TRIP SUBJECT TO
THE TAX IMPOSED BY THIS ARTICLE.
  (T) "HAIL BASE" MEANS A PERSON WHO OR WHICH IS A FOR-HIRE VEHICLE BASE
STATION ESTABLISHED PURSUANT TO SECTION  19-511  OF  THE  ADMINISTRATIVE
CODE  OF  THE CITY OF NEW YORK AND PERMITTED BY THE TLC TO BE AFFILIATED
WITH HOLDERS OF HAIL LICENSES.
  (U) "DISPATCH TRIP" MEANS A TRIP IN A HAIL VEHICLE THAT ORIGINATED  BY
A  CUSTOMER  CALLING  A  HAIL  BASE TO REQUEST SERVICE AND THE HAIL BASE
DISPATCHING THE CALL TO THE DRIVER OF THE HAIL VEHICLE,  AND  FOR  WHICH
THE  TAXIMETER  IS  REQUIRED  TO  BE  IN THE RECORDING OR HIRED POSITION
DESIGNATING SUCH A TRIP.
  S 13. Subdivisions (g), (h) and (m) of section 1280 of  the  tax  law,
subdivision  (g)  as  added  by section 1 of part E of chapter 25 of the
laws of 2009 and subdivision (h) as amended and subdivision (m) as added
by section 2 of part V of chapter 57 of the laws of 2010, are amended to
read as follows:
  (g) "Passenger" means an individual seated in a taxicab OR HAIL  VEHI-
CLE for travel for hire to a given destination.
  (h)  "Taximeter"  means an instrument or device approved by the TLC by
which the charge to a passenger for hire of a  licensed  taxicab  FOR  A
TAXICAB  TRIP  OR  OF A HAIL VEHICLE FOR A HAIL VEHICLE TRIP is automat-
ically calculated and on which such charge is plainly  indicated.    THE
TAXIMETER  OF A HAIL VEHICLE MAY ALSO BE USED TO RECORD INFORMATION OF A
DISPATCH TRIP.
  (m) "Trip record," also known as a trip sheet or trip log,  means  the
written,  computerized,  automated or electronic accounting of a taxicab
[ride] TRIP, HAIL VEHICLE TRIP, OR DISPATCH TRIP. The trip  data  to  be
transmitted or recorded shall include the taxicab license number (medal-
lion number) OR HAIL VEHICLE LICENSE NUMBER, ANY LICENSED OPERATOR'S TLC
LICENSE  NUMBER,  AND  HAIL  BASE  PERMIT  NUMBER;  the taxicab driver's
license number OR HAIL VEHICLE DRIVER'S LICENSE NUMBER; the location  of
trip  initiation; the time of trip initiation; the number of passengers;
the location of trip termination; the  time  of  trip  termination;  the
itemized metered fare for the trip (tolls, surcharge, and tip if paid by
credit  or  debit  card); the distance of the trip, the trip number, the
method of payment, the total number of passengers, as well as such other
information as may be required by the TLC.

S. 6118                            10

  S 14. Section 1281 of the tax law, as amended by section 3 of  part  V
of chapter 57 of the laws of 2010, is amended to read as follows:
  S  1281.  Imposition  of  tax. In addition to any other tax imposed by
this chapter or other law, there is  hereby  imposed  on  every  taxicab
owner a tax of fifty cents per taxicab trip AND ON EVERY HAIL BASE A TAX
OF  FIFTY  CENTS  PER  HAIL  VEHICLE TRIP PROVIDED BY EVERY HAIL VEHICLE
AFFILIATED WITH THE BASE, on every trip that originates in the city  and
terminates anywhere within the territorial boundaries of the MCTD.
  S  15.  Section 1282 of the tax law, as amended by section 4 of part V
of chapter 57 of the laws of 2010, is amended to read as follows:
  S 1282. Presumption of taxability.  For  the  purpose  of  the  proper
administration of this article and to prevent evasion of the tax imposed
by  this article, it shall be presumed that every taxicab trip AND EVERY
HAIL VEHICLE TRIP that originates in the city  is  subject  to  the  tax
imposed  by  this  article.    This  presumption shall prevail until the
contrary is proven, and the burden of proving the contrary shall  be  on
the person liable for tax.
  S  16.  Section 1283 of the tax law, as amended by section 5 of part V
of chapter 57 of the laws of 2010, is amended to read as follows:
  S 1283. Liability for tax;  special  provisions.  Notwithstanding  any
provision of law to the contrary: (a) The taxicab owner OR HAIL BASE, AS
THE CASE MAY BE, shall be liable for the tax imposed by this article.
  (B) If the TAXICAB owner has designated an agent, then the agent shall
be  jointly liable with the TAXICAB owner for the tax on trips occurring
during the period that such designation is in effect.  Even if  the  TLC
has specified that the TAXICAB owner's agent cannot operate as an agent,
that  agent  shall be jointly liable with the TAXICAB owner if the agent
has acted for the TAXICAB owner. During the period that [an]  A  TAXICAB
owner's  designation  of an agent is in effect, the agent shall file the
returns required by this article and pay any tax due with  such  return,
but the TAXICAB owner shall not be relieved of liability for tax, penal-
ty  or  interest  due  under  this article, or for the filing of returns
required to be filed, unless the agent has timely filed accurate returns
and timely paid the tax required to be paid under this article. If  [an]
A TAXICAB owner has designated an agent, then the agent must perform any
act  this  article  requires  [an] THE TAXICAB owner to perform, but the
failure of such agent to perform any such  act  shall  not  relieve  the
TAXICAB  owner  from  the  obligation  to  perform  such act or from any
liability that may arise from failure to perform the act.
  [(b)] (C) (1) Although the tax is imposed on the taxicab owner OR  THE
HAIL  BASE, the city or the TLC shall adopt or amend ordinances or regu-
lations to ensure that the economic  incidence  of  the  tax  is  passed
through  to  passengers,  such  as by increasing taxicab OR HAIL VEHICLE
trip fares. The passing along of such  economic  incidence  may  not  be
construed by any court or administrative body as imposing the tax on any
person  other  than  the taxicab owner OR THE HAIL BASE. The city or the
TLC must adjust trip fares to include therein the  pass-through  of  the
economic  incidence  of  the tax imposed by this article, as the rate of
such tax may from time to time change, and must timely require that  any
taximeter in a taxicab OR HAIL VEHICLE used to provide trips that origi-
nate in the city be adjusted to include the pass-through.
  (2)  A taxicab owner OR A HAIL BASE OR HAIL VEHICLE OWNER in such city
must timely adjust the taximeter in any of  such  person's  taxicabs  OR
HAIL VEHICLES so that it reflects such pass-through as such pass-through
amount may from time to time change.

S. 6118                            11

  (3)  Neither  the  failure of such city or the TLC to adjust fares nor
the failure of a taxicab owner, HAIL BASE, HAIL VEHICLE OWNER, or  other
person  to adjust a taximeter will relieve any person liable for the tax
imposed by this article from the obligation to pay such tax  timely,  at
the correct rate.
  S  17.  Section  1283 of the tax law, as amended by section sixteen of
this act, is amended by adding a new subdivision (d) to read as follows:
  (D) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS LIMITING THE IMPOSI-
TION OF ANY TAX IMPOSED BY  ARTICLE  TWENTY-EIGHT  OF  THIS  CHAPTER  ON
TRANSPORTATION  SERVICE  PROVIDED BY A HAIL BASE, HAIL VEHICLE, OR OWNER
OR  OPERATOR  OF  A  HAIL  VEHICLE.  NOR  SHALL  ANYTHING   IN   ARTICLE
TWENTY-EIGHT  OF THIS CHAPTER BE CONSTRUED AS LIMITING THE IMPOSITION OF
ANY TAX IMPOSED BY THIS ARTICLE ON A HAIL VEHICLE TRIP  OR  AS  LIMITING
THE OBLIGATION ON A HAIL BASE TO PAY SUCH TAX.
  S  18.  Subdivision  (a) of section 1286 of the tax law, as amended by
section 8 of part V of chapter 57 of the laws of  2010,  is  amended  to
read as follows:
  (a)  Every  person  liable  for  any tax imposed by this article shall
keep:
  (1) records of every taxicab OR HAIL VEHICLE trip originating  in  the
city  and  of  all  amounts  paid, charged or due thereon and of the tax
payable thereon, in such form as the commissioner may require;
  (2) a true and complete copy of every contract, agreement, or arrange-
ment concerning the lease, rental, or license to use a taxicab for which
the person is required to remit the tax on trips imposed by this article
on such person;
  (3) a true and complete copy of every contract, agreement, or arrange-
ment concerning the appointment of an agent;
  (4) A TRUE AND COMPLETE COPY OF EVERY CONTRACT, AGREEMENT, OR ARRANGE-
MENT CONCERNING THE AFFILIATION OF A HAIL VEHICLE OR OF A  HAIL  VEHICLE
OWNER OR DRIVER WITH A HAIL BASE;
  (5) true and complete copies of any records required to be kept by the
TLC; and
  [(5)]  (6)  such other records and information as the commissioner may
require to perform his or her duties under this article.
  S 19. Subdivision (b) of section 1286 of the  tax  law  is  relettered
subdivision (c) and a new subdivision (b) is added to read as follows:
  (B)  EVERY  PERSON THAT HAS CONTRACTED WITH THE CITY OR TLC TO PROVIDE
SERVICES TO THE CITY, TO THE TLC, OR TO PERSONS  LIABLE  FOR  TAX  UNDER
THIS  ARTICLE  RELATING TO TAXIMETERS, TO ADMINISTERING TAXIMETERS OR TO
INFORMATION OBTAINED FROM TAXIMETERS AND EVERY PERSON THAT THE  TLC  HAS
AUTHORIZED  TO  OBTAIN  OR  POSSESS  INFORMATION GENERATED BY TAXIMETERS
SHALL KEEP TRUE AND COMPLETE COPIES OF ALL METER INFORMATION.
  S 20. Subdivision (b) of section 1287 of the tax law,  as  amended  by
section  9  of  part  V of chapter 57 of the laws of 2010, is amended to
read as follows:
  (b) Notwithstanding the provisions of subdivision (a) of this section,
the commissioner may, in his or her discretion, permit the proper  offi-
cer  of  the city or the duly authorized representative of such officer,
to inspect any return filed under this article, or may furnish  to  such
officer  or  such officer's authorized representative an abstract of any
such return or supply such person with information  concerning  an  item
contained  in  any such return, or disclosed by any investigation of tax
liability under this article; but such permission shall  be  granted  or
such  information  furnished  only  if  the  city  or the TLC shall have
furnished the commissioner with all information requested by the commis-

S. 6118                            12

sioner pursuant to this article and shall have permitted the commission-
er  or  the  commissioner's  authorized  representative  to   make   any
inspection  of  any  records  or  reports  concerning  taxicabs, taxicab
owners, [and] agents, HAIL VEHICLES, HAIL VEHICLE OWNERS, AND HAIL BASES
filed  with  or possessed by such city or the TLC which the commissioner
may have requested from such city or the TLC.   Provided, further,  that
the  commissioner  may  disclose to the city or the TLC whether or not a
person liable for the tax imposed by this article has paid  all  of  the
tax due under this article as of any given date.
  S  21. Section 1289 of the tax law, as amended by section 10 of part V
of chapter 57 of the laws of 2010, is amended to read as follows:
  S 1289. Cooperation by city. The city and the TLC shall cooperate with
and assist the commissioner to effect the purposes of this  article  and
the commissioner's responsibilities under this article. Such cooperation
shall  include  THE  CITY OR TLC OBTAINING, furnishing [the], AND TIMELY
UPDATING CURRENT, COMPLETE AND ACCURATE names, addresses and  all  other
information  concerning every (1) taxicab owner, operator, and driver of
taxicabs in the city, [and  concerning  every]  (2)  agent  and  vehicle
owner,  AND  (3) HAIL BASE, HAIL VEHICLE OWNER, HAIL VEHICLE, AND DRIVER
OF A HAIL VEHICLE, and the trip records and  other  records  of  any  of
them,  in the city's possession or in the possession of any of its agen-
cies [or], instrumentalities, AGENTS, CONTRACTORS, OR ANY  OTHER  PERSON
THE  TLC HAS AUTHORIZED OR REQUIRED TO OBTAIN OR POSSESS SUCH RECORDS OR
INFORMATION,  together  with  any  other  information  the  commissioner
requests,  all  IN  A  FORMAT  PRESCRIBED  BY,  AND without cost to, the
commissioner. THE TLC SHALL ALSO FURNISH, OR CAUSE TO BE FURNISHED, IN A
FORMAT PRESCRIBED BY THE COMMISSIONER, ANY RECORDS OR INFORMATION IN THE
POSSESSION OF THE TLC, ANY AGENT OR CONTRACTOR OF THE CITY OR  THE  TLC,
OR  ANY  OTHER  PERSON  THE  TLC HAS AUTHORIZED OR REQUIRED TO OBTAIN OR
POSSESS SUCH RECORDS OR INFORMATION, CONCERNING THE PERSONS  LIABLE  FOR
THE TAX IMPOSED BY THIS ARTICLE, INCLUDING, AMONG OTHER THINGS, DETAILED
TRIP  RECORD  INFORMATION.  SUCH  COOPERATION SHALL ALSO INCLUDE THE TLC
ASSIGNING IDENTIFYING NUMBERS AND  OTHER  IDENTIFYING  INDICIA  TO  HAIL
BASES,  HAIL VEHICLE OWNERS, HAIL VEHICLES, AND DRIVERS OF HAIL VEHICLES
IN A FORMAT PRESCRIBED BY THE COMMISSIONER, SO AS TO  FACILITATE  FILING
RETURNS,  PAYING  TAX, AND PERFORMING OTHER TASKS REQUIRED TO ADMINISTER
THE TAX IMPOSED BY THIS ARTICLE.
  S 22. Section 1115 of the tax law is amended by adding a new  subdivi-
sion (hh) to read as follows:
  (HH)  RECEIPTS FROM THE SALE OF TRANSPORTATION SERVICE CONSISTING OF A
HAIL VEHICLE TRIP, AS THE TERM "HAIL VEHICLE TRIP" IS DEFINED IN ARTICLE
TWENTY-NINE-A OF THIS CHAPTER, SHALL BE EXEMPT FROM THE TAX  IMPOSED  BY
PARAGRAPH  TEN OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED FIVE OF THIS
ARTICLE, IF SUCH TRIP ORIGINATES IN A CITY OF  A  MILLION  OR  MORE  AND
TERMINATES  ANYWHERE  WITHIN THE TERRITORIAL BOUNDARIES OF THE METROPOL-
ITAN COMMUTER TRANSPORTATION DISTRICT AND IS SUBJECT TO THE TAX ON  HAIL
VEHICLE TRIPS IMPOSED BY SUCH ARTICLE TWENTY-NINE-A.
  S  23. Enforcement of penalties and collection of fees.  Notwithstand-
ing the provisions of any other law to the contrary, the New York  state
police  may  enforce  any laws, rules or regulations related to vehicles
with HAIL licenses and the Port Authority police department may  enforce
any laws, rules or regulations related to vehicles with HAIL licenses at
facilities  owned  or  leased  by the Port Authority of New York and New
Jersey.  The commission or tribunal that  adjudicates  liability  for  a
violation relating to HAIL vehicles, for-hire vehicles and vehicles that
operate  as  a  vehicle licensed by the New York City taxi and limousine

S. 6118                            13

commission shall pay the money owed and collected  to  the  entity  that
issued the summons for the violation.
  S  24. Subdivision 4 of section 1220-b of the vehicle and traffic law,
as amended by chapter 481 of the laws of 2009, is  amended  to  read  as
follows:
  4.  Any  person  who  engages  in  the unlawful solicitation of ground
transportation services at an airport shall  be  guilty  of  a  class  B
misdemeanor  punishable  by a fine of not less than [five hundred] SEVEN
HUNDRED FIFTY dollars nor more than  one  thousand  [two]  FIVE  hundred
[fifty]  dollars,  or by imprisonment of not more than ninety days or by
both such fine and imprisonment.  Notwithstanding any contrary provision
of law, any charge alleging a violation of this section shall be return-
able before a court having jurisdiction over misdemeanors.
  S 25. Section 19-506 of the administrative code of  the  city  of  New
York  is  amended  by  adding  two  new  subdivisions k and l to read as
follows:
  K. NO DRIVER OF ANY VEHICLE WITH A VALID HAIL LICENSE SHALL  ACCEPT  A
PASSENGER  BY  STREET  HAIL  WITHIN THE CITY OF NEW YORK FROM A LOCATION
WHERE STREET HAILS BY SUCH VEHICLES ARE NOT PERMITTED.
  (I) A VIOLATION OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A  FINE  OF
FIVE HUNDRED DOLLARS FOR THE FIRST VIOLATION. A VIOLATION OF THIS SUBDI-
VISION SHALL BE PUNISHABLE BY A FINE OF SEVEN HUNDRED FIFTY DOLLARS WHEN
A  DRIVER  HAS  BEEN CONVICTED OF A VIOLATION OF THIS SUBDIVISION WITHIN
THE IMMEDIATELY PRECEDING TWENTY-FOUR MONTHS. A VIOLATION OF THIS SUBDI-
VISION SHALL RESULT IN REVOCATION OF THE DRIVER'S LICENSE ISSUED  PURSU-
ANT  TO  PARAGRAPHS  (I) AND (III) OF SUBDIVISION A OF SECTION 19-505 OF
THIS CHAPTER WHEN SUCH VIOLATION IS COMMITTED BY A DRIVER WHO HAS PREVI-
OUSLY BEEN CONVICTED OF TWO VIOLATIONS OF THIS SECTION WITHIN THE  IMME-
DIATELY PRECEDING ONE HUNDRED TWENTY MONTHS.
  (II)  A FINDING THAT A DRIVER HAS COMMITTED A VIOLATION OF THIS SUBDI-
VISION SHALL BE EVIDENCE THAT THE OWNER OR  OPERATOR  HOLDING  THE  HAIL
LICENSE  WITH RESPECT TO THE VEHICLE IN WHICH SUCH VIOLATION WAS COMMIT-
TED FAILED TO MAKE A REASONABLE GOOD FAITH EFFORT TO DETER  THE  COMMIS-
SION  OF SUCH VIOLATION. A DRIVER'S THIRD CONVICTION OF THIS SUBDIVISION
WITHIN ONE HUNDRED TWENTY MONTHS SHALL RESULT IN REVOCATION  OF  A  HAIL
LICENSE  IF  EACH SUCH VIOLATION OCCURRED IN A VEHICLE SUBJECT TO A HAIL
LICENSE HELD BY SUCH OWNER OR OPERATOR OF  ONE  OR  MORE  OF  SUCH  HAIL
LICENSES.  THE  NEW YORK CITY TAXI AND LIMOUSINE COMMISSION OR SUCCESSOR
AGENCY SHALL ADVISE SUCH OWNER OR OPERATOR HOLDING THE HAIL  LICENSE  OF
HIS  OR  HER POTENTIAL LIABILITY PURSUANT TO THIS SECTION UPON A FINDING
THAT A VIOLATION OF PARAGRAPH (I) OF THIS SUBDIVISION WAS COMMITTED IN A
VEHICLE WITH A VALID HAIL LICENSE.
  L. A PERSON IS GUILTY OF UNLAWFUL FLEEING A NEW  YORK  CITY  TAXI  AND
LIMOUSINE ENFORCEMENT OFFICER OR POLICE OFFICER WHEN, KNOWING THAT HE OR
SHE  HAS  BEEN  DIRECTED  TO  REMAIN STOPPED BY A NEW YORK CITY TAXI AND
LIMOUSINE ENFORCEMENT OFFICER OR POLICE OFFICER, THE DRIVER OF A VEHICLE
OPERATING PURSUANT TO A HAIL LICENSE WHO IS STOPPED IN A ZONE  WHERE  HE
OR  SHE  IS NOT PERMITTED TO PICK UP STREET HAILS THEREAFTER ATTEMPTS TO
FLEE SUCH OFFICER BY SETTING THE VEHICLE IN MOTION  AND  EITHER  TRAVELS
OVER  THREE  HUNDRED FEET WITHOUT STOPPING OR ENGAGES IN CONDUCT CONSTI-
TUTING RECKLESS DRIVING AS DEFINED IN SECTION TWELVE HUNDRED  TWELVE  OF
THE  VEHICLE  AND TRAFFIC LAW. UNLAWFUL FLEEING A NEW YORK CITY TAXI AND
LIMOUSINE ENFORCEMENT OFFICER OR POLICE OFFICER IS A MISDEMEANOR PUNISH-
ABLE BY A FINE OF NOT LESS THAN SEVEN HUNDRED  FIFTY  DOLLARS  NOR  MORE
THAN  ONE  THOUSAND  DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN NINETY
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT. NOTWITHSTANDING ANY CONTRARY

S. 6118                            14

PROVISION OF LAW, ANY CHARGE ALLEGING A VIOLATION  OF  THIS  SUBDIVISION
SHALL  BE  RETURNABLE  BEFORE A COURT HAVING JURISDICTION OVER MISDEMEA-
NORS.
  S 26.  Paragraphs 1, 2 and 4 of subdivision h of section 19-506 of the
administrative  code  of  the  city  of  New York, as added by local law
number 90 of the city of New York for the year 1989 and such subdivision
as relettered by local law number 13 of the city of  New  York  for  the
year 1992, is amended to read as follows:
  (1) Any officer or employee of the commission designated by the chair-
person  of  the  commission and any police officer may seize any vehicle
which he or she has probable cause to believe is operated or offered  to
be operated without an appropriate vehicle license for such operation in
violation  of  subdivision  b  [or],  c OR K of this section. Therefore,
either the commission or an administrative tribunal of the commission at
a proceeding commenced in accordance with subdivision e of this section,
or the criminal court, as provided  in  this  section,  shall  determine
whether  a  vehicle  seized pursuant to this subdivision was operated or
offered to be operated in violation  of  either  such  subdivision.  The
commission shall have the power to promulgate regulations concerning the
seizure  and release of vehicles and may provide in such regulations for
reasonable fees for the removal and storage of such vehicles. Unless the
charge of violating subdivision b [or],  c  OR  K  of  this  section  is
dismissed,  no  vehicle  seized  pursuant  to  this subdivision shall be
released until all fees for removal and storage and the applicable  fine
or  civil penalty have been paid or a bond has been posted in a form and
amount satisfactory to the commission, except as is  otherwise  provided
for  vehicles  subject  to  forfeiture pursuant to paragraph two of this
subdivision.
  (2) In addition to any other penalties provided in  this  section,  if
the  owner  is  convicted  in  the criminal court of, or found liable in
accordance with subdivision e of this section for, a violation of either
subdivision b [or], c OR K of this section three or more times, and  all
of such violations were committed on or after the effective date of this
section and within a thirty-six month period, the interest of such owner
in  any  vehicle  used in the commission of any such third or subsequent
violation shall be subject to forfeiture upon notice and judicial deter-
mination.  Notice of the institution of the forfeiture proceeding  shall
be  in  accordance  with  the  provisions  of the civil practice law and
rules.
  (4) Notwithstanding the provisions of paragraph three of this subdivi-
sion, establishment of a right of ownership shall not entitle  a  person
to  delivery  of  a  vehicle  if  the city establishes in the forfeiture
proceeding or in a  separate  administrative  adjudication  of  a  claim
asserted  pursuant  to  subparagraph  [C] (C) of paragraph three of this
subdivision that the violations of subdivision b [or], c OR  K  of  this
section  upon  which  the  forfeiture  is  predicated  were expressly or
impliedly permitted by such person. The commission OR  SUCCESSOR  AGENCY
shall  promulgate  rules and regulations setting forth the procedure for
such an administrative adjudication, which shall include provision for a
hearing.
  S 27. Section 19-512.1 of the administrative code of the city  of  New
York,  as  added  by local law number 20 of the city of New York for the
year 1999 and subdivision a as amended by local law  number  16  of  the
city of New York for the year 2008, is amended to read as follows:
  S  19-512.1  Revocation  of  taxicab,  FOR-HIRE  OR  HAIL  LICENSE  OR
licenses. a. The commission OR SUCCESSOR  AGENCY  may,  for  good  cause

S. 6118                            15

shown  relating  to a direct and substantial threat to the public health
or safety and prior to giving notice and an opportunity for  a  hearing,
suspend  a  taxicab  [or],  for-hire  vehicle  license OR A HAIL LICENSE
issued pursuant to this chapter and, after notice and an opportunity for
a  hearing,  suspend or revoke such license. The commission OR SUCCESSOR
AGENCY may also, without having suspended a taxicab [or], for-hire vehi-
cle license OR A HAIL LICENSE, issue a determination to seek  suspension
or  revocation of such license and after notice and an opportunity for a
hearing, suspend or revoke such license.  Notice of such  suspension  or
of a determination by the commission OR SUCCESSOR AGENCY to seek suspen-
sion or revocation of a taxicab [or], for-hire vehicle license OR A HAIL
LICENSE  shall  be  served  on  the  licensee by personal delivery or by
certified and regular mail within five calendar days of the  pre-hearing
suspension or of such determination. The licensee shall have an opportu-
nity to request a hearing before an administrative tribunal of competent
jurisdiction  within ten calendar days after receipt of any such notifi-
cation. Upon request such hearing shall be scheduled within ten calendar
days, unless the commission OR SUCCESSOR AGENCY or other  administrative
tribunal of competent jurisdiction determines that such hearing would be
prejudicial  to an ongoing criminal or civil investigation. If the tenth
day falls on a Saturday, Sunday or holiday, the hearing may be  held  on
the next business day. A decision shall be made with respect to any such
proceeding within sixty calendar days after the close of the hearing. In
the event such decision is not made within that time period, the license
or medallion which is the subject of the proceeding shall be returned by
the  commission  OR SUCCESSOR AGENCY to the licensee and deemed to be in
full force and effect until  such  determination  is  made,  unless  the
commission  OR  SUCCESSOR  AGENCY  or  other  administrative tribunal of
competent jurisdiction determines that the  issuance  of  such  determi-
nation  would  be  prejudicial  to an ongoing criminal or civil investi-
gation.
  b. It shall be an affirmative defense that the holder of  the  taxicab
[or],  for-hire  vehicle  license  OR A HAIL LICENSE or the owner of the
taxicab [or], for-hire vehicle OR HAIL VEHICLE  has  (1)  exercised  due
diligence  in the inspection, management and/or operation of the taxicab
[or], for-hire vehicle OR HAIL VEHICLE and (2)  did  not  know  or  have
reason  to  know  of  the  acts of any other person with respect to that
taxicab [or] LICENSE, for-hire vehicle license  OR  A  HAIL  LICENSE  or
taxicab  [or], for-hire vehicle OR HAIL VEHICLE upon which a suspension,
proposed suspension or proposed revocation is based.   With  respect  to
any violation arising from taximeter tampering, an owner's due diligence
shall  include, but not be limited to, those actions set forth in subdi-
vision h of section 19-507.1 of this chapter.   Any pre-hearing  suspen-
sion  period  shall be counted towards any suspension period made in any
final determination.
  S 28. Subdivision a of section 19-507 of the  administrative  code  of
the  city  of New York, as amended by local law number 88 of the city of
New York for the year 1989, is amended to read as follows:
  a. The commission OR  SUCCESSOR  AGENCY  shall  fine  any  driver,  or
suspend  or  revoke  the  driver's license of any driver, as provided in
subdivision b of this section, who shall have been found in violation of
any of the following:
  1. No driver of a taxicab shall seek to ascertain, without justifiable
grounds, the destination of a passenger before such passenger  shall  be
seated in the vehicle.

S. 6118                            16

  2.  No  driver of a taxicab shall refuse, without justifiable grounds,
to take any passenger or prospective passenger to any destination within
the city.
  3. No driver of a vehicle the fares of which are set by the commission
OR  SUCCESSOR  AGENCY shall charge or attempt to charge a fare above the
fare set by the commission OR SUCCESSOR AGENCY.
  4. No driver of a for-hire vehicle, OTHER THAN A  DRIVER  OPERATING  A
FOR-HIRE  VEHICLE  WITH  A  VALID  HAIL LICENSE, shall accept passengers
unless the passengers have engaged the use of the  for-hire  vehicle  on
the basis of telephone contract or prearrangement.
  S  29.  Subdivision  a of section 19-516 of the administrative code of
the city of New York, as amended by local law number 115 of the city  of
New York for the year 1993, is amended to read as follows:
  a.  For-hire  vehicles  THAT  DO  NOT POSSESS A VALID HAIL LICENSE may
accept passengers only on the basis of telephone contract or prearrange-
ment. The commission OR SUCCESSOR AGENCY may establish such disciplinary
actions as it deems appropriate for failure to abide by  the  provisions
of this chapter.
  S 30. If any of the provisions of a chapter of the laws of 2011 relat-
ing  to  livery permits in the city of New York, as proposed in legisla-
tive bills numbers S.5825 and A.8496 shall conflict with  provisions  of
this act, the provisions set forth in this act shall control.
  S  31. This act shall take effect immediately; provided, however, that
sections two and three of this act shall take effect on  the  same  date
and  in  the  same  manner  as a chapter of the laws of 2011 relating to
livery permits in the city of New York, as proposed in legislative bills
numbers S.5825 and A.8496,  takes  effect,  and  provided  further  that
sections  twelve through twenty-two of this act shall take effect Febru-
ary 15, 2012, but only if the commissioner of taxation and  finance  has
received written notice by January 15, 2012, sent by certified or regis-
tered  mail to the office of the commissioner of taxation and finance in
Albany, from the chair/commissioner or counsel of the New York city taxi
and limousine commission  (TLC)  or  successor  agency  that,  effective
February  15,  2012, the TLC has authorized for-hire vehicles to operate
as HAIL vehicles to accept hails in the street, or, if the  commissioner
of  taxation and finance has not received such notice, mailed in accord-
ance with this section, from the TLC or successor agency by January  15,
2012,  then  sections  twelve  through twenty-two of this act shall take
effect on the first day of the first month next commencing at  least  20
days after the commissioner of taxation and finance has received written
notice,  sent  by  certified  or  registered  mail  to the office of the
commissioner   of   taxation   and   finance   in   Albany,   from   the
chair/commissioner  or  counsel  of the TLC or successor agency that the
TLC or successor agency has authorized for-hire vehicles to  operate  as
HAIL  vehicles  to accept hails in the street; provided that the commis-
sioner of taxation and finance shall notify the legislative bill  draft-
ing   commission   upon   receipt   of  written  notification  from  the
chair/commissioner or counsel of the TLC or successor  agency  that  the
TLC  or  successor  agency has authorized for-hire vehicles permitted as
HAIL vehicles to accept hails on the street in order that  the  legisla-
tive  bill  drafting commission may maintain an accurate and timely data
base of the official text of the laws of the state of New York in furth-
erance of effecting the provisions of section 44 of the legislative  law
and section 70-b of the public officers law; and sections twelve through
twenty-two  of this act shall apply to HAIL vehicle trips originating on
or after such effective date of such sections twelve through twenty-two.