Senate Bill S4482A

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

                                 4482--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 24, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities --  recommitted  to
  the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to for-hire vehicles; and providing for the  repeal  of  such
  provisions upon expiration thereof

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

  Section 1. Subdivisions u and v of section 19-502 of  the  administra-
tive  code  of  the city of New York, as added by local law number 51 of
the city of New York for the year 1996, are amended to read as follows:
  u. "Black car" means a for-hire  vehicle  dispatched  from  a  central
facility  whose  owner  holds  a franchise from the corporation or other
business entity which operates such central facility, or who is a member
of a cooperative that operates such central facility, where such central
facility has certified to the satisfaction of the commission  that  more
than  ninety percent of the central facility's for-hire business is on a
payment basis other than direct  cash  payment  by  a  passenger  AND/OR
COVERED  BY  THE NEW YORK BLACK CAR OPERATORS' INJURY COMPENSATION FUND,
INC.  PURSUANT TO SECTION ONE HUNDRED SIXTY-DD OF THE EXECUTIVE LAW.
  v. "Luxury limousine" means a for-hire  vehicle  which  is  dispatched
from  a  central facility which has certified to the satisfaction of the
commission that more than ninety percent of its for-hire business is  on
a payment basis other than direct cash payment by a passenger, for which
there  is  maintained personal injury insurance coverage of no less than
five hundred thousand dollars per accident where one person  is  injured
and  one  million  dollars  per accident for all persons injured in that
same accident, whose passengers are charged on the basis  of  garage  to
garage  service  and on a flat rate basis or per unit of time or mileage

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08732-05-6
              

S. 4482--A                          2

AND/OR COVERED BY THE NEW YORK BLACK CAR OPERATORS' INJURY  COMPENSATION
FUND,  INC.    PURSUANT TO SECTION ONE HUNDRED SIXTY-DD OF THE EXECUTIVE
LAW.
  S 2. Section 19-506 of the administrative code of the city of New York
is amended by adding a new subdivision n to read as follows:
  N. 1. FOR THE PURPOSES OF THIS SUBDIVISION:
  (A)  "ACCESSIBLE  VEHICLE"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
SECTION 19-534 OF THIS CHAPTER.
  (B) "FOR-HIRE VEHICLE BASE STATION" SHALL MEAN A  COMMISSION  LICENSED
BASE  WITH  A  LICENSE BASE NUMBER THAT MANAGES, ORGANIZES OR DISPATCHES
ANY FOR-HIRE VEHICLE.
  2. AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION:
  (A) ANY VEHICLE TO BE NEWLY PLACED INTO SERVICE AS A FOR-HIRE  VEHICLE
AFFILIATED  WITH  A  FOR-HIRE VEHICLE BASE STATION TO WHICH ONE THOUSAND
TWO HUNDRED OR MORE FOR-HIRE VEHICLES ARE AFFILIATED, MUST BE AN  ACCES-
SIBLE  VEHICLE  UNTIL SUCH TIME AS THE PROVISIONS OF SUBPARAGRAPH (C) OF
THIS PARAGRAPH ARE SATISFIED.
  (B) EACH FOR-HIRE VEHICLE BASE  STATION  TO  WHICH  ONE  THOUSAND  TWO
HUNDRED  OR  MORE  FOR-HIRE  VEHICLES ARE AFFILIATED, SHALL HAVE NO MORE
THAN NINETY DAYS TO BEGIN TO CONVERT ITS  AFFILIATED  VEHICLES  THAT  IT
REPLACES  OR  RETIRES  TO  ACCESSIBLE VEHICLES UNTIL FIVE PERCENT OF ITS
AFFILIATED VEHICLES ARE ACCESSIBLE VEHICLES.
  (C) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (B) OF  THIS  PARA-
GRAPH,  BY  JANUARY  FIRST, TWO THOUSAND SEVENTEEN ALL FOR-HIRE VEHICLES
BASE STATIONS TO WHICH ONE THOUSAND TWO HUNDRED  OR  MORE  VEHICLES  ARE
AFFILIATED SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY-ONE, CONVERT ITS
AFFILIATED  VEHICLES TO ACCESSIBLE VEHICLES UNTIL AT LEAST FIFTY PERCENT
OF ALL SUCH VEHICLES ARE ACCESSIBLE VEHICLES.
  NINETY DAYS AFTER THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  FOR-HIRE
VEHICLE BASE STATIONS TO WHICH ONE THOUSAND TWO HUNDRED OR MORE VEHICLES
ARE  AFFILIATED  MUST  SUBMIT  A  PLAN WHICH SHALL INCLUDE A SCHEDULE TO
COMPLY WITH THIS SUBDIVISION, FOR THE APPROVAL OF THE COMMISSION.
  (D) BEGINNING ON THE EFFECTIVE DATE OF THIS SUBDIVISION, A  MORATORIUM
IS  HEREBY  PLACED  ON  THE  LICENSING  OF ANY NEW FOR-HIRE VEHICLE BASE
STATION OR FOR-HIRE VEHICLE PROVIDED, HOWEVER, THAT A  FOR-HIRE  VEHICLE
BASE  STATION  WITH FEWER THAN ONE THOUSAND TWO HUNDRED AFFILIATED VEHI-
CLES MAY ADD AFFILIATED VEHICLES UNTIL SUCH BASE HAS AN ADDITIONAL TWEN-
TY PERCENT OF THE NUMBER OF AFFILIATED VEHICLES IT HAD ON THE  EFFECTIVE
DATE  OF THIS SUBDIVISION IF AN ENVIRONMENTAL IMPACT STATEMENT CONDUCTED
BY THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION  FINDS  THAT
ADDING SUCH NEW VEHICLES WILL NOT NEGATIVELY AFFECT THE ENVIRONMENT.
  3.  FAILURE  TO  COMPLY  WITH  THE PROVISIONS OF PARAGRAPH TWO OF THIS
SUBDIVISION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY  A  FINE  OF  NOT
LESS  THAN FIFTY DOLLARS AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS PER
DAY PER CAR FROM THE DATE A  VIOLATION  OCCURRED  UNTIL  THE  DATE  SUCH
VIOLATION  IS  CURED.  A VIOLATION MAY ALSO BE GROUNDS FOR REVOCATION OR
DENIAL OF LICENSING, OR RENEWAL THEREOF, UNDER THIS CHAPTER.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed three years after it shall have become a law.