NY State Senate Bill 2011-S5825

Senate Bill S5825

Signed By Governor

2011-2012 Legislative Session

Relates to New York city livery permits and increases the amount of taxicabs designed to foster increased access and mobility to persons with disabilities

download bill text pdf

Archive: Last Bill Status Via A8496 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2011	approval memo.18 signed chap.602
Dec 09, 2011	delivered to governor
Jun 24, 2011	returned to assembly passed senate message of necessity 3rd reading cal.1546 substituted for s5825
Jun 24, 2011	substituted by a8496 ordered to third reading cal.1546
Jun 18, 2011	referred to rules

Votes

- Jun 24, 2011 - Floor Vote
  A8496
  
  40
  
  Aye
  
  21
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 24, 2011
      
      aye (40)
      
      Adams
      
      Alesi
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Gallivan
      
      Golden
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Lanza
      
      Larkin
      
      Libous
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Valesky
      
      Young
      
      nay (21)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Griffo
      
      Huntley
      
      Kennedy
      
      LaValle
      
      Little
      
      Marcellino
      
      Martins
      
      O'Mara
      
      Saland
      
      Stavisky
      
      Stewart-Cousins
      
      Zeldin
      
      absent (1)
      
      Sampson
  Jun 24, 2011 - Rules Committee Vote
  S5825
  
  17
  
  Aye
  
  0
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 24, 2011
      
      aye (17)
      
      Alesi
      
      Dilan
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      Larkin
      
      Libous
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      aye wr (7)
      
      Breslin
      
      Duane
      
      Farley
      
      LaValle
      
      Marcellino
      
      Saland
      
      Stewart-Cousins

2011-S5825 (ACTIVE) - Details

See Assembly Version of this Bill:: A8496
Law Section:: New York City

2011-S5825 (ACTIVE) - Summary

Provides for a greater amount of taxicabs serving the city of New York that are designed to foster increased access and mobility to persons with disabilities; and establishes a task force on areas of NYC underserved by medallion taxicabs.

2011-S5825 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5825

TITLE OF BILL:
An act
in relation to livery permits in the city of New York

PURPOSE OR GENERAL IDEA OF BILL:
To authorize the public sale of taxicab licenses, for-hire hail
privilege vehicle permits, and for-hire hail privilege base station
permits in New York City.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill is the legislative findings.

Section 2 of the bill authorizes the City of New York to issue 1,500
additional taxicab licenses and requires 569 of those additional
licenses to be for accessible taxicabs.

Section 3 of the bill authorizes the City of New York to issue up to
30,000 hail privilege vehicle permits to owners of for-hire vehicles.

Section 4 of the bill authorizes the City of New York to issue up to
450 hail privilege base permits to for-hire vehicle base stations.

Section 5 of the bill establishes a task force on areas of New York
City underserved by medallion taxicabs.

Section 6 of the bill is the effective date.

JUSTIFICATION:
This bill would allow the City to implement a taxi plan
that will more effectively service all five boroughs of New York
City. The creation of this plan was prompted by two persistent
mobility problems: nearly non-existent taxi availability in
underserved areas of the City (e.g., boroughs outside Manhattan);
and, insufficient taxi supply in Manhattan's central business district.

Taken together,both the issuance of permits for underservcd
neighborhoods and of new, unrestricted medallions, as authorized by
this legislation, would substantially improve the ability of City
residents and visitors, including persons with disabilities, to get
where they need to go quickly and easily, without having to own a
car, and would make living or traveling to New York City more
affordable, sustainable and enjoyable.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

2011-S5825 (ACTIVE) - Bill Text download pdf

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

                                  5825

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 18, 2011
                               ___________

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

AN ACT in relation to livery permits in the city of New York

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

  Section  1.  Legislative  findings. The legislature finds and declares
that the public health, safety and welfare of the residents of the state
of New York traveling to, from and within the city  of  New  York  is  a
matter  of  substantial state concern, which includes access to safe and
reliable mass transportation such as taxicabs. The majority of residents
and nonresidents of the city of New York do not currently have access to
the necessary amount of legal, licensed taxicabs  available  for  street
hails  when  traveling  within the city.   Improving access to such mass
transportation, including taxicabs, furthers this matter of  substantial
state  concern.  Additionally,  the  legislature finds and declares that
there should be a greater amount of taxicabs serving  the  city  of  New
York  that  are  designed to foster increased access, mobility and inde-
pendence of persons with disabilities. The health, safety and welfare of
these persons with disabilities is placed at risk without  adequate  and
reliable transportation.
  S  2. The city of New York may, acting by the mayor alone, administra-
tively authorize the New York city taxi and limousine commission or  its
successor  agency  to  issue  up  to  one  thousand five hundred taxicab
licenses in addition to those already issued,  provided,  however,  that
five  hundred sixty-nine of such taxicab licenses shall be restricted to
vehicles that are accessible to individuals with disabilities,  provided
further that such additional licenses shall be issued by public sale and
shall  be  fully transferable. The commission or successor thereto shall
prescribe by regulation the procedures for the issuance and public  sale
of  such  additional  licenses,  by public auction, sealed bids or other
competitive process. Such additional licenses may be issued on or  after

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13200-01-1

S. 5825                             2

July 1, 2012.  The authorization provided in this section is conditioned
upon the commission making available for issuance the permits authorized
pursuant to sections three and four of this act and the establishment of
the task force pursuant to section five of this act.
  S  3.  The  New  York  city taxi and limousine commission or successor
agency is hereby authorized to issue non-transferable permits to  owners
of  for-hire  vehicles, as defined in subdivision g of section 19-502 of
the administrative code of the city of New York, allowing such  vehicles
to  pick  up passengers by street hail in parts of New York city outside
Manhattan, excluding airports, and in Manhattan north  of  east  ninety-
sixth street and north of west one hundred tenth street ("hail privilege
vehicle  permits"),  provided  that no more than thirty thousand permits
shall be held at one time.  Such geographic limitations may be  extended
by such taxi and limousine commission or successor agency, acting pursu-
ant  to  the  recommendations  of the task force established pursuant to
section five of this act. Such hail privilege vehicle permits  shall  be
issued beginning no later than the public sale of the additional taxicab
medallions  issued pursuant to section two of this act, for a fee in the
amount of one thousand five hundred dollars,  and  shall  be  valid  for
three  years prior to renewal. Such right to renewal shall be automatic,
upon payment of a renewal fee, if the owner is in good standing.    Such
fee  amount  may  be  increased by such taxi and limousine commission or
successor agency to account for changes in the  United  States  consumer
price index, adjusted for inflation. The initial sale of such hail priv-
ilege  vehicle  permits  shall  be limited to current owners of for-hire
vehicles, as defined by subdivision g of section 19-502 of the  adminis-
trative  code  of  the  city  of New York, who have been licensed for at
least three years and are in good standing with the New York  city  taxi
and limousine commission. The city of New York, acting through such taxi
and  limousine  commission,  is  hereby authorized and empowered to take
such actions as are necessary and desirable to implement the  provisions
of  this  section,  subject  only  to the procedures and limitations set
forth in this section, and shall not be required to engage in any review
provided for by any provision of law or make or obtain any determination
not expressly required by this section. Nothing in  this  section  shall
prohibit  an  owner of a for-hire vehicle as defined by subdivision g of
section 19-502 of the administrative code of the city of New  York,  who
possesses a hail privilege vehicle permit pursuant to this section, from
accepting  prearranged calls from a for-hire vehicle base station estab-
lished pursuant to section 19-511 of the administrative code of the city
of New York, provided that such owner is separately licensed to  do  so.
Nothing  in this section shall prohibit such owner from allowing another
driver who meets such taxi and limousine commission's or successor agen-
cy's designated standards to use the vehicle and exercise the privileges
of the hail privilege vehicle permit. Such taxi and limousine commission
or successor agency may by rule govern the equipment  of  such  vehicles
with  meters  and  the rates that may be charged for trips in such vehi-
cles.
  S 4. The New York city taxi and limousine commission is hereby author-
ized to issue non-transferable permits to for-hire vehicle base stations
established pursuant to section 19-511 of the administrative code of the
city of New York, allowing such base  stations  to  be  affiliated  with
holders  of  permits issued pursuant to section three of this act ("hail
privilege base permit"), provided that no more than four  hundred  fifty
permits  shall  be  held at one time.   Every holder of a hail privilege
vehicle permit issued pursuant to section three of  this  act  shall  be

S. 5825                             3

affiliated with one such base station. Hail privilege base permits shall
be  issued  to  base  stations pursuant to this section for a fee in the
amount of three thousand dollars, and shall be  valid  for  three  years
prior to renewal. Such right to renewal shall be automatic, upon payment
of  a  renewal  fee,  if the base station is in good standing.  Such fee
amount may be increased by such taxi and limousine commission or succes-
sor agency to account for changes in the United  States  consumer  price
index,  adjusted  for inflation. The initial sale of such hail privilege
base permits will be limited to existing for-hire vehicle base  stations
established pursuant to section 19-511 of the administrative code of the
city  of New York, that have been in operation for at least three years.
Such hail privilege base permits shall be issued beginning no later than
the public sale of the additional taxicab medallions issued pursuant  to
section  two of this act. The city of New York, acting through such taxi
and limousine commission, is hereby authorized  and  empowered  to  take
such  actions as are necessary and desirable to implement the provisions
of this section, subject only to  the  procedures  and  limitations  set
forth in this section, and shall not be required to engage in any review
provided for by any provision of law or make or obtain any determination
not expressly required by this section.
  S  5.  There  is  established  a  task force on areas of New York city
underserved by medallion taxicabs, consisting  of  four  members  to  be
appointed  as  follows: one by the mayor of the city of New York, one by
the temporary president of the senate, one by the speaker of the  assem-
bly and one by the speaker of the New York city council. Such task force
shall  hold  public hearings in each of the five boroughs of the city of
New York. The task force shall prepare and, no  later  than  two  months
after  the  date  this  act  shall take effect, submit to the appointing
authorities of such task force a report and recommendations  identifying
areas of New York city that are underserved by medallion taxicabs, areas
that  are  intensely  served  by  medallion  taxicabs and areas that are
adequately served by medallion taxicabs. Such task force may also  iden-
tify  up  to  five  locations,  including  airports, in each of the five
boroughs of the city of New  York,  where  for-hire  vehicles  shall  be
prohibited from accepting street hail passengers. Such report and recom-
mendations  must be approved by all of the members of the task force and
shall be implemented by rule of such commission, provided, however, that
the failure by the task force to present such report and recommendations
shall in no way prevent the implementation of any provision of this act.
  S 6. This act shall take effect immediately.

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