S T A T E O F N E W Y O R K
________________________________________________________________________
7117
I N S E N A T E
March 30, 2016
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the transportation law, the general municipal law, the
general business law and the New York city charter, in relation to
allowing dynamic pricing of taxicabs and limousines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 157 of the transportation law is amended by adding
a new subdivision 8 to read as follows:
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, JUST
AND REASONABLE CHARGES MAY INCLUDE, AT THE OPTION OF THE COMMISSIONER IN
CONSULTATION WITH A COUNTY, DYNAMIC PRICING BASED UPON CONSUMER DEMAND
FOR SUCH COUNTY, PROVIDED, HOWEVER, DYNAMIC PRICING BASED ON CONSUMER
DEMAND FOR SERVICE PROVIDED IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE SHALL BE ALLOWED.
S 2. Section 181 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
3. DYNAMIC PRICING BASED UPON CONSUMER DEMAND. ANY SUCH REGULATION
SHALL BE AT THE OPTION OF THE REGULATING ENTITY, PROVIDED HOWEVER, THE
REGULATING ENTITY FOR A CITY WITH A POPULATION OF ONE MILLION OR MORE
SHALL ALLOW DYNAMIC PRICING BASED ON CONSUMER DEMAND. FOR THE PURPOSES
OF THIS SUBDIVISION, REGULATING ENTITIES SHALL ALSO INCLUDE THE COUNTIES
AUTHORIZED TO REGULATE REGISTRATION AND LICENSING UNDER SUBDIVISION ONE
OF THIS SECTION.
S 3. Subdivision 2 of section 396-r of the general business law, as
amended by chapter 510 of the laws of 1998, is amended to read as
follows:
2. During any abnormal disruption of the market for consumer goods and
services vital and necessary for the health, safety and welfare of
consumers, no party within the chain of distribution of such consumer
goods or services or both shall sell or offer to sell any such goods or
services or both for an amount which represents an unconscionably exces-
sive price. For purposes of this section, the phrase "abnormal
disruption of the market" shall mean any change in the market, whether
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14519-02-6
S. 7117 2
actual or imminently threatened, resulting from stress of weather,
convulsion of nature, failure or shortage of electric power or other
source of energy, strike, civil disorder, war, military action, national
or local emergency, or other cause of an abnormal disruption of the
market which results in the declaration of a state of emergency by the
governor. For the purposes of this section, the term consumer goods and
services shall mean those used, bought or rendered primarily for
personal, family or household purposes. This prohibition shall apply to
all parties within the chain of distribution, including any manufactur-
er, supplier, wholesaler, distributor or retail seller of consumer goods
or services or both sold by one party to another when the product sold
was located in the state prior to the sale. Consumer goods and services
shall also include any repairs made by any party within the chain of
distribution of consumer goods on an emergency basis as a result of such
abnormal disruption of the market. NOTWITHSTANDING THE FOREGOING, THIS
SECTION SHALL NOT PROHIBIT, IN A MUNICIPALITY THAT HAS ELECTED TO ALLOW
DYNAMIC PRICING FOR TRANSPORTATION OF PASSENGERS BY MOTOR VEHICLE OR IN
A CITY WITH A POPULATION OF ONE MILLION OR MORE, INCREASED FARES DUE TO
INCREASED MARKET DEMAND FOR TRANSPORTATION OF PASSENGERS BY MOTOR VEHI-
CLES IN THE ABSENCE OF AN ABNORMAL DISRUPTION OF THE MARKET.
S 4. Subdivision b of section 2304 of the New York city charter, as
added by local law number 12 of the city of New York for the year 1971,
is amended to read as follows:
b. Hereafter, and notwithstanding the rates set forth in paragraph a
of this section, the commission shall prescribe, revise and otherwise
regulate reasonable rates of fare which may be charged and collected for
each type of service rendered, PROVIDED THAT THE COMMISSION SHALL ALLOW
DYNAMIC PRICING DUE TO INCREASED MARKET DEMAND.
S 5. This act shall take effect on the thirtieth day after it shall
have become a law.