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

                                 959--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. KELLNER, WEISENBERG, DINOWITZ, BARRON, MILLMAN,
  HOOPER, WEPRIN -- Multi-Sponsored by -- M. of A. FARRELL, GLICK, GOTT-
  FRIED -- read once and referred to the Committee on Cities --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the general municipal law, in relation to providing  for
  improved access to taxicabs for persons with disabilities

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

  Section 1.  Section 181 of the general municipal law,  as  amended  by
chapter  579 of the laws of 1993, subdivision 1 as separately amended by
chapters 382 and 385 of the laws of 2012, is amended to read as follows:
  S 181. Ordinances to regulate taxicabs and limousines.  1. The munici-
pal officers and boards in the several cities,  towns  and  villages  of
this state now having the authority to enact ordinances, may adopt ordi-
nances regulating:
  [1.]  (A) The registration and licensing of taxicabs and may limit the
number of taxicabs to be licensed and  the  county  of  Westchester  may
adopt  ordinances  regulating the registration and licensing of taxicabs
and limousines and may limit the number to be licensed;  the  county  of
Nassau  may adopt ordinances regulating the registration of taxicabs and
limousines; and the county of Suffolk may  adopt  ordinances  regulating
the  registration  of taxicabs, limousines, and livery vehicles; and the
county of Rockland may adopt local laws  or  ordinances  regulating  the
registration  and licensing of taxicabs, limousines, and livery vehicles
and may limit the number to be licensed.
  [2.] (B) Parking and passenger  pick-up  and  discharge  by  taxicabs,
limousines  and  livery  vehicles.  Establishment of such ordinances and
regulations regulating parking and passenger pick-up and discharges  may
be based upon recommendations from municipal planning officials or other

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

                                                           LBD01883-04-3

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public  entities  and  may  address  and  take  into  consideration such
factors, including, but not limited to, geographic areas, vehicle  type,
limiting  the  number of parked vehicles and activities undertaken while
parked, and periods of idling.
  2.  THE  MUNICIPAL OFFICERS AND BOARDS IN ANY CITY HAVING A POPULATION
OF MORE THAN ONE MILLION SHALL NO LATER THAN APRIL THIRTIETH, TWO  THOU-
SAND FIFTEEN ADOPT ORDINANCES PROVIDING:
  (A) THAT "ACCESSIBLE TAXICAB" SHALL MEAN ANY VEHICLE THAT
  (1) IS EQUIPPED WITH A LIFT, RAMP, OR ANY OTHER DEVICE, ARRANGEMENT OR
ALTERATION, SO IT IS CAPABLE OF TRANSPORTING PERSONS WITH PHYSICAL DISA-
BILITIES,  INCLUDING  THOSE  WHO  USE  WHEELCHAIRS, SCOOTERS AND SIMILAR
DEVICES WHILE THEY REMAIN SEATED IN THEIR WHEELCHAIRS, SCOOTERS OR SIMI-
LAR DEVICES;
  (2) COMPLIES WITH THE SPECIFICATIONS SET FORTH IN REGULATIONS  PROMUL-
GATED  UNDER  THE  AMERICANS  WITH  DISABILITIES  ACT AND CODIFIED AT 49
C.F.R. SECTIONS 38.23, 38.25 AND 38.31, AS AMENDED, WHETHER OR NOT THOSE
REGULATIONS WOULD APPLY UNDER FEDERAL LAW;
  (3) IS EQUIPPED WITH AN ASSISTIVE LISTENING SYSTEM  FOR  PERSONS  WITH
HEARING  IMPAIRMENT  THAT IS CONNECTED WITH ANY INTERCOM, VIDEO OR AUDIO
SYSTEM, WHEN SUCH A SYSTEM IS INSTALLED;
  (4) ASSURES THAT THE TECHNOLOGY UTILIZED BY TAXICABS IS COMPLIANT WITH
THE  STANDARDS  PROMULGATED  BY  THE  COMMISSIONER  OF   TRANSPORTATION;
PROVIDED THAT A LOCAL AUTHORITY WITH OVERSIGHT OVER TAXICABS, LIMOUSINES
AND LIVERY VEHICLES MAY CONDUCT PILOT PROGRAMS TESTING NEW SYSTEMS;
  (5)  IS  EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (A) BRAILLE; AND
(B) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH  LOW
VISION;
  (6)  PROVIDES  SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
AND
  (7) IF POWERED BY A HYBRID-ELECTRIC POWER PLANT, IS EQUIPPED  WITH  AN
APPROPRIATE  DEVICE TO ENABLE PERSONS WHO ARE BLIND TO HEAR THE APPROACH
OF THE VEHICLE AS READILY AS THEY CAN HEAR A CONVENTIONAL  GASOLINE-POW-
ERED TAXICAB.
  (B)  THAT  NO  OWNER OF A TAXICAB SHALL PLACE ANY TAXICAB INTO SERVICE
SUBSEQUENT TO OCTOBER FIRST, TWO THOUSAND SIXTEEN WHICH TAXICAB  IS  NOT
AN ACCESSIBLE TAXICAB.
  3. FOR PURPOSES OF THIS SECTION, THE TERM "ASSISTIVE LISTENING SYSTEM"
SHALL   MEAN   SITUATIONAL-PERSONAL   ACOUSTIC  COMMUNICATION  EQUIPMENT
DESIGNED TO IMPROVE THE TRANSMISSION AND AUDITORY  RECEPTION  OF  SOUND.
SUCH  SYSTEM  SHALL  INCLUDE  BUT  NOT BE LIMITED TO THE USE OF STANDARD
AMPLITUDE MODULATION (AM), FREQUENCY MODULATION  (FM),  AUDIO  INDUCTION
LOOP, INFRARED LIGHT SOUND, OR HARD WIRE SYSTEMS.
  S  2.  (a)  Accessible  taxicab license issuance. The city of New York
may, by local law, authorize  the  New  York  city  taxi  and  limousine
commission  (TLC)  or  its  successor agency to issue up to two thousand
taxicab licenses in addition 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 Disabilities Act, provided further that  such  additional
licenses shall be issued by public sale and shall be fully transferable.
  (b) The TLC shall prescribe by regulation the procedures for the issu-
ance  and  public  sale  of such additional licenses, by public auction,
sealed bids or other competitive  process.  For  the  purposes  of  this
subdivision,  the  term "wheelchair accessible taxicab" shall refer to a

A. 959--A                           3

vehicle that complies with federal regulations promulgated  pursuant  to
the  Americans  with Disabilities Act applicable to taxicabs under twen-
ty-two feet in length, by the federal Department of  Transportation,  in
Code  of  Federal  Regulations,  title  49,  parts 37 and 38, and by the
federal Architecture and Transportation Barriers  Compliance  Board,  in
Code  of Federal Regulations, title 36, section 1192.23, and the Federal
Motor Vehicle Safety Standards, Code of Federal Regulations,  title  29,
part 57.
  (c) From the sale of such additional 2,000 wheelchair accessible taxi-
cab  licenses pursuant to subdivision (a) of this section, the TLC shall
set aside up to $100,000,000, but not less  than  $75,000,000,  for  the
modification  and  upkeep  of  all  medallion taxicabs and to offset any
additional costs of medallion owners. The TLC shall determine the subsi-
dy based on the type of medallion issued.
  S 3. The commissioner of transportation shall  promulgate  any  rules,
regulations  and standards necessary to give effect of the provisions of
this act, including, but not limited to rules, regulations and standards
concerning the standardization of assistive listening technology  avail-
able in taxicabs and the content of signs available in taxicabs to visu-
ally impaired persons.
  S 4. This act shall take effect immediately.