S T A T E   O F   N E W   Y O R K
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    S. 7359--A                                            A. 9878--A

                      S E N A T E - A S S E M B L Y

                             April 20, 2016
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. McDONALD, FAHY, STECK, McLAUGHLIN,
  SANTABARBARA,  GOTTFRIED,  SEPULVEDA,  ROBINSON,  BLAKE,  JEAN-PIERRE,
  CRESPO -- Multi-Sponsored by -- M. of A. HOOPER, HYNDMAN -- read  once
  and   referred   to  the  Committee  on  Transportation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public authorities law, in relation  to  authorizing
  the  Capital District transportation authority to enter into an agree-
  ment with any  city,  town  or  village  located  within  the  Capital
  District  transportation district which has adopted an ordinance regu-
  lating the registration and licensing  of  taxicab  vehicles;  and  to
  authorize  any  city,  town  or  village  located  within  the Capital
  District transportation district to contract with the Capital District
  transportation authority for certain purposes; 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. The public authorities law  is  amended  by  adding  a  new
section 1307-a to read as follows:
  S  1307-A.  ADDITIONAL  SPECIAL  POWERS  OF  THE AUTHORITY. 1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
MEANINGS:
  (A)  "ADMINISTER"  SHALL  MEAN  AN  ACTION CARRIED OUT IN A PRESCRIBED
MANNER NOT  ALLOWING FOR SUBSTANTIAL PERSONAL DISCRETION FOR THE PURPOSE
OF PROCESSING TAXICAB  DRIVER  PERMITS  AND  TAXICAB  REGISTRATIONS  AND
LICENSES, CONSISTING OF: (I) MAKING CITY, TOWN OR VILLAGE TAXICAB DRIVER
PERMIT  AND TAXICAB VEHICLE REGISTRATION AND LICENSE APPLICATIONS AVAIL-
ABLE TO APPLICANTS; (II) REFERRING TAXICAB DRIVER APPLICANTS TO  MEDICAL
AND/OR DRUG AND ALCOHOL TESTING PERSONNEL FOR ANY EXAM OR TESTING AS MAY

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

                                                           LBD14995-04-6

S. 7359--A                          2                         A. 9878--A

BE  REQUIRED TO SUBMIT A TAXICAB DRIVER APPLICATION; (III) ACTING AS THE
DESIGNATED ENTITY FOR THE  SUBMISSION  OF  SUCH  APPLICATIONS  INCLUDING
FORMS  FOR  ANY  REQUIRED MEDICAL EXAMS AND/OR DRUG AND ALCOHOL TESTING;
(IV)  PROCESSING CRIMINAL BACKGROUND AND/OR DEPARTMENT OF MOTOR VEHICLES
LICENSE CHECKS AS MAY BE REQUIRED BY LAW FOR A TAXICAB  DRIVER  APPLICA-
TION AND AS THE AUTHORITY IS OTHERWISE AUTHORIZED BY LAW TO PROCESS SUCH
CHECKS;  (V)  FORWARDING  APPLICATIONS, ANY REQUIRED MEDICAL AND/OR DRUG
AND ALCOHOL TEST FORMS AND ANY REQUIRED CRIMINAL BACKGROUND  OR  DEPART-
MENT  OF  MOTOR  VEHICLES LICENSE CHECKS TO THE APPLICABLE CITY, TOWN OR
VILLAGE; (VI) AND, PROVIDING TAXICAB DRIVER PERMITS AND TAXICAB  VEHICLE
REGISTRATIONS  AND  LICENSES UPON RECEIVING NOTIFICATION FROM SUCH CITY,
TOWN OR VILLAGE THAT SUCH MUNICIPALITY HAS  APPROVED  SUCH  APPLICATIONS
AND  ISSUED  SUCH PERMIT, REGISTRATION OR LICENSE.  SUCH TERM SHALL ALSO
INCLUDE THE COLLECTION AND FORWARDING OF TAXICAB COMPLAINTS TO THE RELE-
VANT MUNICIPALITY;
  (B) "TAXICAB VEHICLE REGISTRATION AND LICENSE" SHALL MEAN THE AUTHORI-
TY GRANTED BY THE RELEVANT MUNICIPALITY, IN THE FORM OF A TAXICAB MEDAL-
LION, FOR AN APPLICANT TO OWN A VEHICLE DESIGNATED AS A TAXICAB AND  FOR
SUCH TAXICAB TO BE USED AS SUCH WITHIN SUCH MUNICIPALITY'S JURISDICTION;
  (C)  "TAXICAB  DRIVER  PERMIT" SHALL MEAN THE AUTHORITY GRANTED BY THE
RELEVANT MUNICIPALITY FOR AN APPLICANT TO DRIVE A VEHICLE WITH A TAXICAB
MEDALLION WITHIN SUCH MUNICIPALITY'S JURISDICTION; AND
  (D) "IDENTICAL ORDINANCE" SHALL MEAN ORDINANCES OF THE SEVERAL CITIES,
TOWNS AND VILLAGES THAT ARE LOCATED IN THE CAPITAL DISTRICT  TRANSPORTA-
TION  DISTRICT  THAT  REGULATE THE REGISTRATION AND LICENSING OF TAXICAB
VEHICLES AND REGULATE TAXICAB DRIVER PERMITS  PURSUANT  TO  SECTION  ONE
HUNDRED  EIGHTY-ONE  OF THE GENERAL MUNICIPAL LAW AND ARE IDENTICAL WITH
THE EXCEPTION OF RATES FOR  TAXICAB  SERVICE  AND  APPLICATION,  PERMIT,
REGISTRATION AND LICENSE FEES.
  2. (A) THE AUTHORITY IS AUTHORIZED TO ENTER INTO AN AGREEMENT WITH ANY
CITY,  TOWN  OR  VILLAGE LOCATED WITHIN THE TRANSPORTATION DISTRICT THAT
HAS ADOPTED AN  IDENTICAL  ORDINANCE  REGULATING  THE  REGISTRATION  AND
LICENSING  OF  TAXICAB  VEHICLES, AND THE PERMITTING OF TAXICAB DRIVERS,
PURSUANT TO THE PROVISIONS OF SECTION  ONE  HUNDRED  EIGHTY-ONE  OF  THE
GENERAL  MUNICIPAL LAW, TO ADMINISTER TAXICAB DRIVER PERMITS AND TAXICAB
VEHICLE REGISTRATIONS AND LICENSES ON  BEHALF  OF  SUCH  CITY,  TOWN  OR
VILLAGE.  ENTRY  INTO  SUCH AGREEMENT SHALL BE AUTHORIZED ONLY BY RESOL-
UTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY OF THE WHOLE
NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE.
  (B) NOTHING CONTAINED IN THIS ACT, OR  IN  ANY  STATE  OR  LOCAL  LAW,
ORDER,  ORDINANCE,  RULE,  REGULATION  OR  ADMINISTRATIVE CODE, SHALL BE
DEEMED TO AUTHORIZE THE AUTHORITY TO APPROVE OR DENY INITIAL OR  RENEWAL
OF  TAXICAB  VEHICLE  REGISTRATION  AND  LICENSE APPLICATIONS OR TAXICAB
DRIVER PERMIT APPLICATIONS, OR TO CANCEL, SUSPEND, REVOKE OR TAKE  OTHER
ACTION  AGAINST  A  TAXICAB  VEHICLE REGISTRATION AND LICENSE OR TAXICAB
DRIVER PERMIT OR THE HOLDER THEREOF, OR  TO  IMPOSE  ANY  PENALTIES  FOR
VIOLATIONS.
  (C)  PURSUANT  TO  AN  AGREEMENT AS DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION, THE AUTHORITY IS AUTHORIZED TO PERFORM MEDICAL OR DRUG  AND
ALCOHOL  TESTING FOR APPLICANTS TO THE EXTENT THE AUTHORITY IS CURRENTLY
AUTHORIZED AND PERFORMING SUCH TESTING FOR THE AUTHORITY'S BUS  DRIVERS,
AND  PROCESS  SUCH  CRIMINAL  BACKGROUND  CHECKS AND DEPARTMENT OF MOTOR
VEHICLE LICENSE CHECKS ON EACH APPLICANT FOR A TAXICAB DRIVER PERMIT  TO
THE EXTENT OTHERWISE AUTHORIZED BY STATE AND FEDERAL LAW.
  (D)  NOTHING IN THIS SECTION OR SECTION TWO OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND SIXTEEN WHICH ADDED THIS SECTION SHALL BE  CONSTRUED  TO

S. 7359--A                          3                         A. 9878--A

PREVENT  A  CITY, TOWN OR VILLAGE AT ANY TIME TO WITHDRAW FROM OR TERMI-
NATE AN AGREEMENT TO HAVE THE AUTHORITY ADMINISTER THE ISSUANCE OF TAXI-
CAB DRIVER PERMITS AND TAXICAB VEHICLE  REGISTRATIONS  AND  LICENSES  ON
BEHALF OF SUCH CITY, TOWN OR VILLAGE.
  3.  (A) THE TOTAL COST TO THE AUTHORITY OF ADMINISTERING THE AGREEMENT
AUTHORIZED  PURSUANT TO THIS SECTION SHALL  BE  BORNE  ENTIRELY  BY  THE
CITY,  TOWN  OR  VILLAGE  WITHIN  THE  DISTRICT WHICH IS A PARTY TO SUCH
AGREEMENT.  ON OR BEFORE JUNE FIRST OF EACH YEAR,  THE  AUTHORITY  SHALL
DETERMINE  AND  CERTIFY  TO EACH CITY, TOWN OR VILLAGE WITH WHICH IT HAS
ENTERED INTO AN AGREEMENT PURSUANT TO THIS SECTION THE TOTAL COST TO THE
AUTHORITY FOR THE TWELVE-MONTH PERIOD ENDING THE PRECEDING  MARCH  THIR-
TY-FIRST,  OF  ADMINISTERING  SUCH  AGREEMENT  WITHIN EACH CITY, TOWN OR
VILLAGE, RESPECTIVELY. ON OR BEFORE THE  FOLLOWING  SEPTEMBER  FIRST  OF
EACH  YEAR, EACH   SUCH CITY, TOWN OR VILLAGE SHALL PAY TO THE AUTHORITY
SUCH COST SO CERTIFIED TO IT ON OR BEFORE THE PRECEDING JUNE FIRST.  NOT
LATER  THAN  TWENTY DAYS AFTER EACH SUCH PAYMENT IS SUBMITTED OR IS DUE,
WHICHEVER OCCURS FIRST, THE AUTHORITY SHALL SUBMIT TO  THE  DIRECTOR  OF
THE BUDGET AND THE CHAIRPERSONS OF THE FISCAL COMMITTEES OF THE LEGISLA-
TURE  A  REPORT FOR EACH SUCH CITY, TOWN  AND VILLAGE SHOWING THE AMOUNT
OF COSTS SO CERTIFIED AND THE AMOUNT OF PAYMENTS SO RECEIVED OR DUE.  IF
A  CITY,  TOWN  OR  VILLAGE  FAILS  TO  MAKE THE PAYMENT REQUIRED TO THE
AUTHORITY BY THE TWENTIETH DAY AFTER THE DATE SUCH PAYMENT WAS DUE, SUCH
CITY, TOWN OR VILLAGE SHALL NO LONGER  BE  DEEMED  A  SIGNATORY  TO  THE
AGREEMENT  AUTHORIZED  BY  THIS  SECTION  ON  SUCH TWENTIETH DAY AND THE
AUTHORITY SHALL: (I) NOTIFY THE DIRECTOR OF THE BUDGET  AND  THE  CHAIR-
PERSONS  OF  THE FISCAL COMMITTEES OF THE LEGISLATURE OF SUCH OCCURRENCE
WITHIN TWENTY-FOUR HOURS OF SUCH DAY; AND (II) BE PROHIBITED FROM ADMIN-
ISTERING THE ISSUANCE OF TAXICAB DRIVER PERMITS  AND  TAXICAB  REGISTRA-
TIONS AND LICENSES ON BEHALF OF SUCH CITY, TOWN OR VILLAGE.
  (B)  IF  THE  AUTHORITY  SHOULD  FAIL TO SUBMIT ANY REPORT REQUIRED BY
PARAGRAPH (A) OF THIS SUBDIVISION, THE AGREEMENT BETWEEN  THE  AUTHORITY
AND EACH CITY, TOWN OR VILLAGE SHALL BE DEEMED VOID ON THE NINETIETH DAY
AFTER  THE  DATE  SUCH  REPORT  WAS DUE, UNLESS THE AUTHORITY SHALL HAVE
SUBMITTED SUCH REPORT PRIOR TO SUCH NINETIETH  DAY;  PROVIDED,  HOWEVER,
THAT  ANY TAXICAB DRIVER PERMIT AND ANY TAXICAB VEHICLE REGISTRATION AND
LICENSE ISSUED PURSUANT TO SUCH AGREEMENT SHALL NOT BE VOIDED AND  SHALL
CONTINUE  IN  FULL  FORCE  AND  EFFECT  UNTIL ITS DATE OF EXPIRATION AND
SUBJECT TO THE APPLICABLE LOCAL ORDINANCE.
  4. THE PERFORMANCE BY THE AUTHORITY OF THE PROVISIONS OF THIS  SECTION
SHALL,  FOR  THE  PURPOSES  OF  THIS  SECTION, BE DEEMED TO BE A FURTHER
PURPOSE OF THE AUTHORITY; PROVIDED, HOWEVER, THAT THE AUTHORITY SHALL BE
PROHIBITED FROM INCREASING OMNIBUS FARES, DECREASING OMNIBUS SERVICE, OR
IN ANY WAY CHANGING, MODIFYING, OR  ALTERING  SERVICES  RELATED  TO  ITS
PRIMARY  PURPOSE  TO  CONTINUE,  DEVELOP  AND IMPROVE TRANSPORTATION AND
OTHER SERVICES RELATED THERETO WITHIN THE CAPITAL  DISTRICT  TRANSPORTA-
TION  DISTRICT  BY  RAILROAD,  OMNIBUS,  MARINE  AND AIR AS SET FORTH IN
SECTION THIRTEEN HUNDRED FOUR OF THIS TITLE DUE TO  ITS  PERFORMANCE  OF
ANY ACT AUTHORIZED OR REQUIRED BY THE PROVISIONS OF THIS SECTION.
  S  2. Administration of taxicab vehicle registrations and licenses and
taxicab  driver  permits  within  the  Capital  District  transportation
district.  1.  The  municipal officers and boards in the several cities,
towns and villages located within the  Capital  District  transportation
district  which  have adopted identical ordinances regulating the regis-
tration and licensing of taxicab vehicles and regulating taxicab  driver
permits  pursuant  to section 181 of the general municipal law, with the
exception of rates for taxicab service and application,  permit,  regis-

S. 7359--A                          4                         A. 9878--A

tration  and  license  fees, are each hereby authorized to enter into an
agreement with the Capital District transportation authority  ("authori-
ty")  for the authority to administer taxicab driver permits and taxicab
vehicle  registrations  and licenses on behalf of such cities, towns and
villages subject to the provisions of this section and section 1307-a of
the public authorities law.
  2. Notwithstanding the provisions of subdivision one of section 181 of
the general municipal law, no agreement with the Capital District trans-
portation authority shall take effect until a  minimum  of  two  cities,
towns  or  villages  have  adopted  identical  ordinances as required by
subdivision 1 of this section. Subsequent cities, towns and villages may
enter into the agreement with the authority provided  that  their  ordi-
nances  are  identical  to  the  ordinances that are already part of the
agreement with the authority, with the exception of  rates  for  taxicab
service or fees.
  3.  Nothing  in  this  section  or act shall be construed to prevent a
city, town or village at any time  to  withdraw  from  or  terminate  an
agreement to have the authority administer the issuance of taxicab driv-
er  permits  and taxicab vehicle registrations and licenses on behalf of
such city, town or village.
  4. For purposes of this section, the following terms  shall  have  the
following meanings:
  a.  "Capital  District  Transportation Authority" or "authority" shall
mean the corporation created by section 1303 of the  public  authorities
law; and
  b. "Capital District transportation district" or "district" shall mean
the  area  of the state included in the district created and governed by
section 1302 of the public authorities law.
  S 3.  This act shall take effect immediately and shall expire  and  be
deemed repealed July 1, 2021.