senate Bill S6627

2013-2014 Legislative Session

Relates to the issuance of temporary authority

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1444
committee discharged and committed to rules
Feb 19, 2014 referred to transportation

Votes

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S6627 - Bill Details

See Assembly Version of this Bill:
A9071
Current Committee:
Assembly Transportation
Law Section:
Transportation Law
Laws Affected:
Amd ยง153, Transp L

S6627 - Bill Texts

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Establishes a 90 day application period for the issuance of temporary authority or emergency temporary authority that relates to a specific event in the state, except when event will be held in less than 90 days; specifies what must be included in an application and the commissioner's responsibilities with respect to such application.

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BILL NUMBER:S6627

TITLE OF BILL: An act to amend the transportation law, in relation to
issuance of temporary authority

PURPOSE:

This bill requires the department of transportation to provide
carriers with adequate notice of the filing of an application for
temporary authority or emergency temporary authority.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new subdivision 10 to section 153 of the
transportation law. The new subdivision requires certain applications
for temporary authority to be submitted to the department of
transportation in a timely manner and requires the department to
provide adequate notice to carriers.

Section 2 of the bill is the effective date.

JUSTIFICATION:

In 2013, the Professional Golf Association (PGA) held its PGA
Championship in Rochester, NY. The event was a success for upstate
businesses and communities generating a $102 million economic impact
and drawing 225,000 spectators with visitors coming from as far as 100
miles away.

With respect to transportation services for the tournament, most of
the services were provided by an out-of-state transportation vendor
that had to apply to the Department of Transportation (DOT) for
emergency temporary authority in order to provide the services. Under
current law, emergency temporary authority can be applied for just
three days prior to the start of an event.

Although the dates of the PGA Championship were scheduled well in
advance, the out-of-state transportation vendor still applied for
temporary authority on an emergency basis. This creates two problems.
First, the short timeframe can compromise the DOT's ability to conduct
its review of the applicant to make sure that the applicant (i) is
ready and able to provide the services, (ii) has the proper
insurances, and (iii) has vehicles that meet NYS inspection standards.
Second, it effectively precludes other carriers from pursuing the
business opportunity to provide transportation services at the event.

In the case of the PGA Championship in Rochester, local in-state
carriers had fleets available and could have fulfilled the need for
transportation services on the dates of the tournament, but because of
the emergency nature of the temporary authority, these local carriers
were unaware of the PGA's needs for the event. This effectively
precluded local in-state carriers from trying to obtain the
transportation business for the PGA tournament.

This bill addresses the flaws in the current system for DOT issuance
of temporary authority as applied to specific events scheduled within
the State.


First, the legislation requires applications for specific events to be
submitted to DOT at least 90 days prior to the start of the event
(unless it is impossible for the applicant to meet the 90-day
deadline). Secondly, this bill requires DOT to provide notice to
carriers when such an application is submitted. By providing this
notice, other carriers will be made aware of the transportation needs
in the local area and, consequently, will have a better opportunity to
compete for the needed transportation services.

Had these common-sense provisions been in place at the time of the PGA
Championship in Rochester, more local carriers would have benefitted
from the tournament and the local economic impact of the tournament
could have been even greater.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the 90th day after it shall have become
a law.

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

                                  6627

                            I N  S E N A T E

                            February 19, 2014
                               ___________

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

AN ACT to amend the transportation  law,  in  relation  to  issuance  of
  temporary authority

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

  Section 1. Section 153 of the transportation law, is amended by adding
a new subdivision 10 to read as follows:
  10. (A) AN APPLICATION FOR TEMPORARY AUTHORITY OR EMERGENCY  TEMPORARY
AUTHORITY  THAT  RELATES  TO A SPECIFIC EVENT SCHEDULED WITHIN THE STATE
MUST BE SUBMITTED TO THE DEPARTMENT AT LEAST NINETY DAYS  PRIOR  TO  THE
START OF SUCH SCHEDULED EVENT; PROVIDED HOWEVER, THAT THE DEPARTMENT MAY
ALLOW  THE  SUBMISSION OF SUCH AN APPLICATION AT LEAST THIRTY DAYS PRIOR
TO THE START OF A SCHEDULED EVENT SO LONG AS THE SPONSOR  OF  THE  EVENT
DEMONSTRATES TO THE SATISFACTION OF THE DEPARTMENT THAT THE DATES OF THE
EVENT  PRECLUDE  THE  SPONSOR  FROM  SUBMITTING THE APPLICATION AT LEAST
NINETY DAYS PRIOR TO THE EVENT.
  (B) WITHIN TWENTY-FOUR HOURS OF RECEIPT OF ANY APPLICATION FOR  TEMPO-
RARY  AUTHORITY OR EMERGENCY TEMPORARY AUTHORITY, THE COMMISSIONER SHALL
PROVIDE CONSPICUOUS NOTICE  OF  SUCH  APPLICATION  ON  THE  DEPARTMENT'S
WEBSITE  AND,  IF SUCH APPLICATION RELATES TO A SPECIFIC EVENT SCHEDULED
WITHIN THE STATE, MAKE OTHER REASONABLE EFFORTS TO  NOTIFY  CARRIERS  IN
THE  GEOGRAPHIC  AREA  OF  THE SCHEDULED EVENT OF THE SUBMISSION OF SUCH
APPLICATION. THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL INCLUDE, AT A
MINIMUM, (I) THE APPLICANT'S NAME AND ADDRESS, (II) THE TYPE OF APPLICA-
TION, AND (III) THE ROUTES OR TERRITORY REQUESTED. IF THE APPLICATION IS
FOR A SPECIFIC EVENT SCHEDULED WITHIN THE STATE, THEN SUCH NOTICE  SHALL
ALSO  INCLUDE  THE  NAME  OF  SUCH EVENT, THE LOCATION AND DATES OF SUCH
EVENT, THE SPONSOR OF THE EVENT, AND THE NAME, ADDRESS, PHONE NUMBER AND
EMAIL ADDRESS OF THE EVENT SPONSOR OR THE  EVENT  SPONSOR'S  BROKER  FOR
TRANSPORTATION SERVICES IN CONNECTION WITH SUCH EVENT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided however  that,  effective  immediately,  the
department  of  transportation  is authorized and directed to add, amend
and/or repeal any rule or regulation necessary for the implementation of
this act on its effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14059-01-4

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