NY State Senate Bill 2015-S7359A

Senate Bill S7359A

Signed By Governor

2015-2016 Legislative Session

Authorizes the Capital District transportation authority to enter into an agreement with certain municipalities relating to the registration and licensing of taxicab vehicles

download bill text pdf

Archive: Last Bill Status Via A9878 - 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 19, 2016	signed chap.258
Aug 08, 2016	delivered to governor
Jun 16, 2016	returned to assembly passed senate 3rd reading cal.1953 substituted for s7359a
Jun 16, 2016	substituted by a9878a ordered to third reading cal.1953 committee discharged and committed to rules
May 27, 2016	print number 7359a
May 27, 2016	amend and recommit to transportation
Apr 20, 2016	referred to transportation

Votes

- Jun 16, 2016 - Floor Vote
  A9878
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S7359A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky

Bill Amendments

Original

A (Active)

2015-S7359 - Details

See Assembly Version of this Bill:: A9878
Law Section:: Public Authorities Law
Laws Affected:: Add §1307-a, Pub Auth L

2015-S7359 - Summary

Authorizes the Capital District transportation authority to enter into an agreement with any city, town or village located within the Capital District transportation district which has adopted an ordinance regulating the registration and licensing of taxicab vehicles; and authorizes any city, town or village located within the Capital District transportation district to contract with the Capital District transportation authority for certain purposes.

2015-S7359 - Sponsor Memo

                                 BILL NUMBER:  S7359

 TITLE OF BILL :  An act to amend the public authorities law, in
relation to authorizing the Capital District transportation authority
to enter into an agreement with any city, town or village located
within the Capital District transportation district which has adopted
an ordinance regulating 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

 PURPOSE :

To authorize the Capital District Transportation Authority to enter
into an agreement with municipalities relating to the registration and
licensing of taxicab vehicles.

 SUMMARY OF PROVISIONS :

Section 1 - Authorizes the Capital District Transportation Authority
to enter into an agreement with certain municipalities to administer
the registration of taxicabs and the licensing of taxicab drivers.

Section 2 - Authorizes certain municipalities to enter into an
agreement with the Capital District Transportation Authority to
administer the registration of taxicabs and the licensing of taxicab

drivers.

Section 3 - Effective date

 JUSTIFICATION :

The Capital Region has faced ongoing issues surrounding its taxicab
industry in terms of customer service, pricing, and overall quality.
In an effort to alleviate these problems, several of its municipal
governments have sought to work in concert with the Capital District
Transportation Authority (CDTA) to coordinate and standardize some of
the ministerial processes surrounding registration of taxicabs and
licensing taxicab drivers. This bill authorizes both CDTA and those
municipalities within the Capital District Transportation Authority
(CDTA) that choose to enter into an agreement where CDTA would manage
a very limited piece of these administrative services.

Taxicab service in the Capital Region has long been the subject of
controversy. Customer complaints have abounded in recent years. In a
region that is so reliant on travelers being able to move quickly and
comfortably between, for instance, the Albany International Airport or
the Rensselaer Train Station to their destination, taxi service must
be of the highest quality and consistency. This has not been the case.
It should not require an hours long wait time and excessive fees
(charged, quite frequently, in violation of local law) to simply
traverse the ten-minute distance between the Rensselaer Train Station
and the New York State Capitol.

This legislation seeks to give local governments and CDTA the ability
to work cooperatively to streamline administrative processes with the
goal of providing improved taxicab service to those visiting the
Capital Region. It comes at a critical point in the region's history.
As the opening of the Albany Convention Center approaches in Albany,
the Rivers Casino in Schenectady as well as rumblings of ridesharing
coming to the area in upcoming years, providing taxi service that will
benefit both the region and its taxi service providers has never been
more critical. Regardless of whether or not ridesharing comes to the
region, improved taxi service is essential to the continued growth of
the Capital Region economy as well as local economies.

It is valuable to note that CDTA will not be taking on the authority
to make licensing decisions or which cabs to register. Those decisions
remain solely with municipal governments and will follow their
municipal ordinances, as they always have. CDTA will be working
cooperatively to take on administration duties, including a unified
complaint process, but will not be making decisions.

This legislation accomplishes the goal of improved customer service
for those who use taxis. Additionally, this legislation will create a
one stop shop with one standard for taxi companies and drivers to have
a place to go to for their medallion as opposed to having to go to
each community to become licensed. Finally this legislation will
maintain the home rule responsibilities that local governments desire
but also give them the opportunity for a shared service effort that
will save municipalities resources while working in a cooperative
effort with CDTA to improve the customer experience.

 LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S7359 - Bill Text download pdf

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

    S. 7359                                                  A. 9878

                      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

IN ASSEMBLY -- Introduced by M. of A. McDONALD, FAHY, STECK, McLAUGHLIN,
  SANTABARBARA -- read once and referred to the Committee on Transporta-
  tion

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

  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 MAKING CITY, TOWN OR  VILLAGE    TAXICAB  DRIVER
PERMIT  AND TAXICAB VEHICLE REGISTRATION AND LICENSE APPLICATIONS AVAIL-
ABLE TO APPLICANTS;  REFERRING  TAXICAB  DRIVER  APPLICANTS  TO  MEDICAL
AND/OR DRUG AND ALCOHOL TESTING PERSONNEL FOR ANY EXAM OR TESTING AS MAY
BE REQUIRED TO SUBMIT A TAXICAB DRIVER APPLICATION; ACTING AS THE DESIG-
NATED ENTITY FOR THE SUBMISSION OF SUCH APPLICATIONS INCLUDING FORMS FOR
ANY  REQUIRED  MEDICAL EXAMS AND/OR DRUG AND ALCOHOL TESTING; CONDUCTING
CRIMINAL BACKGROUND AND/OR DEPARTMENT OF MOTOR VEHICLES  LICENSE  CHECKS
AS MAY BE REQUIRED FOR A TAXICAB DRIVER APPLICATION; FORWARDING APPLICA-

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

                                                           LBD14995-01-6

S. 7359                             2                            A. 9878

TIONS,  COMPLETED  TO THE EXTENT AUTHORIZED, ANY REQUIRED MEDICAL AND/OR
DRUG AND ALCOHOL TEST FORMS AND ANY REQUIRED CRIMINAL BACKGROUND  AND/OR
DEPARTMENT OF MOTOR VEHICLES LICENSE CHECKS TO THE APPLICABLE CITY, TOWN
OR  VILLAGE;  AND,  ISSUING  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.
SUCH TERM SHALL ALSO INCLUDE THE COLLECTION AND  FORWARDING  OF  TAXICAB
COMPLAINTS TO THE RELEVANT 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;
AND
  (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.
  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 ORDINANCE REGULATING THE REGISTRATION  AND  LICENSING  OF
TAXICAB  VEHICLES  PURSUANT  TO  THE  PROVISIONS  OF SECTION ONE HUNDRED
EIGHTY-ONE OF THE GENERAL MUNICIPAL LAW AND  REGULATING  TAXICAB  DRIVER
PERMITS,  FOR THE AUTHORITY TO ADMINISTER THE ISSUANCE OF 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 RESOLUTION 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 AND/OR DENY INITIAL OR
RENEWAL OF TAXICAB VEHICLE REGISTRATION AND LICENSE APPLICATIONS, OR  TO
CANCEL,  SUSPEND,  REVOKE OR TAKE OTHER ACTION AGAINST A TAXICAB VEHICLE
REGISTRATION AND LICENSE OR THE HOLDER THEREOF, OR TO IMPOSE ANY  PENAL-
TIES FOR VIOLATIONS.
  (C)  PURSUANT  TO  AN  AGREEMENT AS DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION, THE AUTHORITY IS AUTHORIZED TO PERFORM MEDICAL AND/OR  DRUG
AND  ALCOHOL  TESTING  FOR  APPLICANTS  TO  THE  EXTENT THE AUTHORITY IS
CURRENTLY PERFORMING FOR THE AUTHORITY'S BUS DRIVERS,  PERFORM  CRIMINAL
BACKGROUND CHECKS AND DEPARTMENT OF MOTOR VEHICLE LICENSE CHECKS ON EACH
APPLICANT  FOR A TAXICAB DRIVER PERMIT TO THE EXTENT AUTHORIZED BY STATE
AND FEDERAL LAW AND BY THE IDENTICAL ORDINANCES  ADOPTED  BY  THE  CITY,
TOWN OR VILLAGE CONTRACTING WITH THE AUTHORITY.
  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

S. 7359                             3                            A. 9878

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 BUDGET AND THE CHAIRPERSONS
OF THE FISCAL COMMITTEES OF THE LEGISLATURE OF  SUCH  OCCURRENCE  WITHIN
TWENTY-FOUR HOURS OF SUCH DAY; AND (II) BE PROHIBITED FROM ADMINISTERING
THE  ISSUANCE  OF  TAXICAB  DRIVER PERMITS AND TAXICAB REGISTRATIONS 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 PERMITS 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.
  S 2. Administration of registration and licensing of taxicab  vehicles
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 pursuant to section 181 of the
general  municipal  law  and regulating taxicab driver permits, with the
exception of rates for taxicab service and application,  permit,  regis-
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 the issuance of taxicab driver
permits and taxicab vehicle registrations and licenses on behalf of such
cities, towns and villages pursuant 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 and/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.
  S 3. This act shall take effect immediately.

co-Sponsors

2015-S7359A (ACTIVE) - Details

See Assembly Version of this Bill:: A9878
Law Section:: Public Authorities Law
Laws Affected:: Add §1307-a, Pub Auth L

2015-S7359A (ACTIVE) - Summary

2015-S7359A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7359A

 TITLE OF BILL :

An act to amend the public authorities law, in relation to authorizing
the Capital District transportation authority to enter into an
agreement with any city, town or village located within the Capital
District transportation district which has adopted an ordinance
regulating 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

 PURPOSE OR GENERAL IDEA OF BILL :

To authorize the Capital District Transportation Authority to enter
into an agreement with municipalities relating to the registration and
licensing of taxicab vehicles.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 - Authorizes the Capital District Transportation Authority
to enter into an agreement with certain municipalities to administer
the registration of taxicabs and the licensing of taxicab drivers.

Section 2 - Authorizes certain municipalities to enter into an
agreement with the Capital District Transportation Authority to
administer the registration of taxicabs and the licensing of taxicab
drivers.

Section 3 - Effective date

 JUSTIFICATION :

The Capital Region has faced ongoing issues surrounding its taxicab
industry in terms of customer service, pricing, and overall quality.
In an effort to alleviate these problems, several of its municipal
governments have sought to work in concert with the Capital District
Transportation Authority (CDTA) to coordinate and standardize some of
the ministerial processes surrounding registration of taxicabs and
licensing taxicab drivers. This bill authorizes both CDTA and those
municipalities within the Capital District Transportation District
(CDTC) that choose to enter into an agreement where CDTA would manage
a very limited piece of these administrative services.

Taxicab service in the Capital Region has long been the subject of
controversy. Customer complaints have abounded in recent years. In a
region that is so reliant on travelers being able to move quickly and
comfortably between, for instance, the Albany International Airport or
the Rensselaer Train Station to their destination, taxi service must
be of the highest quality and consistency. This has not been the case.
It should not require an hours long wait time and excessive fees
(charged, quite frequently, in violation of local law) to simply
traverse the ten-minute distance between the Rensselaer Train Station
and the New York State Capitol.

This legislation seeks to give local governments and CDTA the ability
to work cooperatively to streamline administrative processes with the
goal of providing improved taxicab service to those visiting the
Capital Region. It comes at a critical point in the region's history.
As the opening of the Albany Convention Center approaches in Albany,
the Rivers Casino in Schenectady as well as rumblings of ridesharing
coming to the area in upcoming years, providing taxi service that will
benefit both the region and its taxi service providers has never been
more critical. Regardless of whether or not ridesharing comes to the
region, improved taxi service is essential to the continued growth of
the Capital Region economy as well as local economies.

It is valuable to note that CDTA will not be taking on the authority
to make licensing decisions or which cabs to register. Those decisions
remain solely with municipal governments and will follow their
municipal ordinances, as they always have. CDTA will be working
cooperatively to take on administration duties, including a unified
complaint process, but will not be making decisions.

This legislation accomplishes the goal of improved customer service
for those who use taxis. Additionally, this legislation will create a
one stop shop with one standard for taxi companies and drivers to have
a place to go to for their medallion as opposed to having to go to
each community to become licensed. Finally this legislation will
maintain the home rule responsibilities that local governments desire
but also give them the opportunity for a shared service effort that
will save municipalities resources while working in a cooperative
effort with CDTA to improve the customer experience.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed July 1, 2021.

2015-S7359A (ACTIVE) - Bill Text download pdf

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

    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.

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