S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1879
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01004-01-7

 S. 1879                             2
 
   § 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 EIGHTEEN ALL FOR-HIRE VEHICLES
 BASE STATIONS TO WHICH ONE THOUSAND TWO HUNDRED  OR  MORE  VEHICLES  ARE
 AFFILIATED SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY-TWO, 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.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed three years after it shall have become a law.