Bill Text: NY A04578 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes an intercity bus service permit system in cities having a population of one million or more; defines terms; provides exemptions; imposes civil penalties for violations; requires a public hearing.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2012-06-14 - substituted by s4313b [A04578 Detail]

Download: New_York-2011-A04578-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2977                                                  A. 4578
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 4, 2011
                                      ___________
       IN  SENATE  --  Introduced  by  Sen.  SQUADRON -- read twice and ordered
         printed, and when printed to be committed to the Committee  on  Trans-
         portation
       IN  ASSEMBLY  -- Introduced by M. of A. SILVER -- read once and referred
         to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to establishing
         an intercity bus passenger service permit system in  cities  having  a
         population of one million or more
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 1642-a to read as follows:
    3    S  1642-A.  INTERCITY  BUS  PASSENGER  SERVICE PERMIT SYSTEM IN CITIES
    4  HAVING A POPULATION OF ONE MILLION OR MORE.  1. DEFINITIONS. AS USED  IN
    5  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    6    A.  "COMMUNITY  BOARD"  SHALL  HAVE  THE  SAME MEANING AS SUCH TERM IS
    7  DEFINED IN SECTION TWENTY-EIGHT HUNDRED OF THE NEW YORK CITY CHARTER;
    8    B. "INTERCITY BUS PASSENGER SERVICE" SHALL MEAN TRANSPORTATION BY  BUS
    9  PROVIDED  TO  THE  PUBLIC ON A REGULAR AND CONTINUING BASIS BY A PERSON,
   10  FIRM, OR CORPORATION AUTHORIZED TO TRANSPORT  PASSENGERS  IN  INTERSTATE
   11  COMMERCE BY THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OR IN INTRA-
   12  STATE  COMMERCE BY THE STATE DEPARTMENT OF TRANSPORTATION THAT IS PRIMA-
   13  RILY INTENDED TO SATISFY LONGER DISTANCE TRAVEL DEMAND  BETWEEN  CITIES,
   14  AND VILLAGES AND UNINCORPORATED URBAN PLACES; AND
   15    C.  "METROPOLITAN TRANSPORTATION AUTHORITY" SHALL MEAN THE CORPORATION
   16  CREATED BY SECTION TWELVE HUNDRED SIXTY-THREE OF THE PUBLIC  AUTHORITIES
   17  LAW.
   18    2.  EXEMPTIONS.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
   19  TRANSPORTATION FOR COMPENSATION WHEN THAT TRANSPORTATION IS PERFORMED:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08953-01-1
       S. 2977                             2                            A. 4578
    1    A. INCIDENTAL TO OR IN FURTHERANCE OF ANY  NON-TRANSPORTATION  COMMER-
    2  CIAL  OR NOT-FOR-PROFIT ENTERPRISE OF THE PROVIDER OF THE TRANSPORTATION
    3  WHEN SUCH TRANSPORTATION IS NOT OPEN TO THE GENERAL PUBLIC;
    4    B. TO AND FROM SCHOOLS AND SCHOOL-RELATED ACTIVITIES;
    5    C. ON AN OCCASIONAL, CASUAL OR RECIPROCAL BASIS BY PERSONS NOT ENGAGED
    6  IN TRANSPORTATION AS A REGULAR OCCUPATION OR BUSINESS;
    7    D.  AS A SIGHTSEEING SERVICE CONDUCTED PURSUANT TO THE JURISDICTION OR
    8  REGULATORY CONTROL OF A CITY, VILLAGE OR TOWN WHEN SUCH SERVICE IS OPER-
    9  ATED WHOLLY WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE;
   10    E. IN AMBULANCES THAT ARE UNDER THE JURISDICTION OF THE NEW YORK STATE
   11  DEPARTMENT OF HEALTH;
   12    F. BY TRANSPORTATION AUTHORITIES WHEN THE TRANSPORTATION PERFORMED  IS
   13  WHOLLY  WITHIN  THE  TRANSPORTATION  DISTRICT  PRESCRIBED  BY THE PUBLIC
   14  AUTHORITIES LAW FOR SUCH TRANSPORTATION AUTHORITY;
   15    G. BY TRANSPORTATION SYSTEMS THAT ARE WHOLLY OWNED BY  A  MUNICIPALITY
   16  WHEN  THE  TRANSPORTATION PERFORMED IS WHOLLY WITHIN SUCH MUNICIPALITY'S
   17  BOUNDARIES;
   18    H. BY BUSES OPERATING WHOLLY WITHIN ANY CITY;
   19    I. BY CARRIERS OPERATING UNDER A CONTRACT WITH AN EMPLOYER TO  PROVIDE
   20  TRANSPORTATION FOR THE EXCLUSIVE USE OF EMPLOYEES; AND
   21    J.  AS A TAXI OR LIVERY SERVICE CONDUCTED IN VEHICLES HAVING A SEATING
   22  CAPACITY OF TWENTY PASSENGERS OR LESS PURSUANT TO  THE  JURISDICTION  OR
   23  REGULATORY  CONTROL  OF  A CITY WITH A POPULATION OVER ONE MILLION, WHEN
   24  SUCH SERVICE IS CONDUCTED WHOLLY WITHIN SUCH A CITY.
   25    3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CITY WITH A  POPU-
   26  LATION  OF  ONE MILLION OR MORE MAY, BY ADOPTION OF A LOCAL LAW OR ORDI-
   27  NANCE:
   28    A. ESTABLISH A PERMIT SYSTEM FOR THE LOADING AND UNLOADING OF  PASSEN-
   29  GERS  ON  STREETS  WITHIN  SUCH CITY BY BUSES OPERATING IN INTERCITY BUS
   30  PASSENGER SERVICE; AND
   31    B. PROHIBIT BUSES OPERATING IN INTERCITY BUS  PASSENGER  SERVICE  FROM
   32  LOADING  OR  UNLOADING  PASSENGERS ON STREETS WITHIN SUCH CITY WITHOUT A
   33  PERMIT ISSUED PURSUANT  TO  ANY  SUCH  LOCAL  LAW  OR  ORDINANCE  OR  IN
   34  VIOLATION OF ANY PERMIT REQUIREMENTS OR RESTRICTIONS. PROVIDED, HOWEVER,
   35  PRIOR  TO ESTABLISHING A PERMIT SYSTEM THE CITY AGENCY DESIGNATED PURSU-
   36  ANT TO PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION SHALL, IN CONSUL-
   37  TATION WITH THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  AND  COMMUNITY
   38  BOARDS,  IDENTIFY  A  SUFFICIENT NUMBER OF LOCATIONS FOR THE LOADING AND
   39  UNLOADING OF PASSENGERS BY SUCH BUSES.
   40    4. THE LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH PERMIT SYSTEM:
   41    A. SHALL DESIGNATE A CITY AGENCY WHICH  SHALL  ASSUME  THE  REGULATORY
   42  RESPONSIBILITY FOR SUCH PERMIT SYSTEM INCLUDING THE ISSUANCE OF PERMITS,
   43  THE  DESIGNATION  OF  LOCATIONS FOR THE LOADING AND UNLOADING OF PASSEN-
   44  GERS, AND THE DESIGNATION OF STREETS  OR  AREAS  WHERE  THE  LOADING  OR
   45  UNLOADING OF PASSENGERS MAY BE PROHIBITED;
   46    B.  SHALL  ESTABLISH  CRITERIA FOR THE ISSUANCE OF PERMITS WHICH SHALL
   47  INCLUDE, BUT NOT BE LIMITED TO, REQUIRING THE OWNER OR  OPERATOR  OF  AN
   48  INTERCITY  BUS PASSENGER SERVICE TO SUBMIT A PERMIT APPLICATION FOR EACH
   49  PROPOSED LOCATION FOR LOADING OR UNLOADING PASSENGERS WHICH  APPLICATION
   50  SHALL  INCLUDE  THE  NAME, ADDRESS, TELEPHONE NUMBER, E-MAIL ADDRESS AND
   51  MOTOR CARRIER NUMBER OF THE OWNER OR  OPERATOR  OF  SUCH  INTERCITY  BUS
   52  PASSENGER SERVICE, THE FOLLOWING IDENTIFYING INFORMATION FOR EACH BUS TO
   53  BE  USED  IN SUCH INTERCITY BUS PASSENGER SERVICE: UNITED STATES DEPART-
   54  MENT OF TRANSPORTATION NUMBER AND/OR NEW YORK STATE DEPARTMENT OF TRANS-
   55  PORTATION NUMBER; A PROPOSED  LOCATION,  AND  TWO  OR  MORE  ALTERNATIVE
   56  PROPOSED  LOCATIONS,  FOR  THE  LOADING  OR UNLOADING OF PASSENGERS; THE
       S. 2977                             3                            A. 4578
    1  NUMBER OF BUSES THAT WOULD USE THE DESIGNATED LOCATION FOR  THE  LOADING
    2  OR  UNLOADING  OF  PASSENGERS;  THE NUMBER OF PASSENGERS ANTICIPATED FOR
    3  EACH BUS; THE NUMBER OF BUSES THAT WOULD USE THE DESIGNATED LOCATION FOR
    4  EACH  BUS;  THE  PROPOSED  BUS  SCHEDULE; THE PROPOSED GARAGE OR PARKING
    5  LOCATION OF THE BUSES DURING PERIODS WHEN THE BUSES ARE NOT  BEING  USED
    6  FOR  INTERCITY  BUS  PASSENGER SERVICE; AND ANY OTHER INFORMATION DEEMED
    7  NECESSARY BY THE COMMISSIONER OF THE CITY AGENCY DESIGNATED PURSUANT  TO
    8  PARAGRAPH A OF THIS SUBDIVISION;
    9    C.  SHALL AUTHORIZE THE CITY AGENCY DESIGNATED PURSUANT TO PARAGRAPH A
   10  OF THIS SUBDIVISION TO PROMULGATE RULES AND REGULATIONS FOR  THE  IMPLE-
   11  MENTATION OF SUCH LOCAL LAW WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   12    (I)  PROVIDING FOR THE ISSUANCE OF PERMITS IN ACCORDANCE WITH CRITERIA
   13  ESTABLISHED BY SUCH LOCAL LAW OR ORDINANCE;
   14    (II) ESTABLISHING CRITERIA TO APPROVE OR  DISAPPROVE  PERMIT  APPLICA-
   15  TIONS,  WHICH  MUST  INCLUDE  AT MINIMUM A THIRTY DAY NOTICE AND COMMENT
   16  PERIOD FOR THE METROPOLITAN TRANSPORTATION AUTHORITY  AND  THE  RELEVANT
   17  COMMUNITY  BOARD AND A PROCESS FOR APPLICANTS TO APPEAL A DISAPPROVAL OF
   18  A PERMIT APPLICATION;
   19    (III) ESTABLISHING CRITERIA FOR ASSIGNING LOCATIONS TO  PERMIT  APPLI-
   20  CANTS  FOR  THE  LOADING OR UNLOADING OF PASSENGERS WHICH SHALL INCLUDE,
   21  BUT NOT BE LIMITED TO, THE APPLICANT'S PREFERENCES, TRAFFIC  AND  SAFETY
   22  CONSIDERATIONS,  CONSIDERATION  OF COMMENTS FROM THE METROPOLITAN TRANS-
   23  PORTATION AUTHORITY AND THE RELEVANT  COMMUNITY  BOARD,  AND  ANY  OTHER
   24  CRITERIA DEEMED APPROPRIATE BY THE COMMISSIONER OF SUCH AGENCY;
   25    (IV)  ESTABLISHING  A PROCESS TO REVIEW AND RENDER A FINAL ADMINISTRA-
   26  TIVE DETERMINATION ON ANY APPLICATION FOR THE ISSUANCE OF A PERMIT WITH-
   27  IN NINETY DAYS AFTER A COMPLETED APPLICATION IS FILED;
   28    (V) ESTABLISHING CRITERIA FOR GRANTING A WAIVER OF ANY OR ALL REQUIRE-
   29  MENTS FOR AN OWNER OR OPERATOR OF INTERCITY BUS PASSENGER  SERVICE  THAT
   30  INFREQUENTLY LOADS OR UNLOADS PASSENGERS IN SUCH CITY, OR BASED ON OPER-
   31  ATIONAL  CONSIDERATIONS,  AND  A PROCESS FOR APPLYING FOR SUCH A WAIVER;
   32  AND
   33    (VI) PROVIDING THAT PERMITS MAY BE  ISSUED  FOR  UP  TO  THREE  YEARS,
   34  PROVIDED, HOWEVER, THAT THE CITY AGENCY DESIGNATED PURSUANT TO PARAGRAPH
   35  A  OF  THIS  SUBDIVISION MAY RELOCATE A DESIGNATED LOCATION, UPON THIRTY
   36  DAYS' NOTICE TO THE HOLDER OF THE PERMIT, THE  METROPOLITAN  TRANSPORTA-
   37  TION  AUTHORITY  AND THE RELEVANT COMMUNITY BOARD BASED ON CITY NEEDS AS
   38  DETERMINED BY THE COMMISSIONER OF SUCH AGENCY;
   39    D. SHALL REQUIRE THE OWNER OR OPERATOR OF AN INTERCITY  BUS  PASSENGER
   40  SERVICE  TO  PROMINENTLY  DISPLAY A COPY OF SUCH PERMIT IN EACH BUS THAT
   41  USES A DESIGNATED LOCATION FOR THE LOADING OR UNLOADING OF PASSENGERS;
   42    E. SHALL PROVIDE FOR PUBLIC NOTICE OF PERMIT APPLICATIONS WITHIN  FIVE
   43  BUSINESS DAYS OF SUBMISSION THEREOF;
   44    F.  SHALL  PROVIDE THAT, AS A CONDITION TO OBTAINING A PERMIT PURSUANT
   45  TO A LOCAL LAW OR ORDINANCE ADOPTED  PURSUANT  TO  THIS  SECTION,  EVERY
   46  PERMIT  APPLICANT  SHALL  OBTAIN AND CONTINUE IN EFFECT A SURETY BOND IN
   47  THE AMOUNT OF FIVE THOUSAND DOLLARS EXECUTED BY A SURETY COMPANY AUTHOR-
   48  IZED TO TRANSACT BUSINESS IN THE STATE BY THE  INSURANCE  DEPARTMENT  OF
   49  THE STATE. THE BONDS SHALL BE APPROVED AS TO FORM BY THE COMMISSIONER OF
   50  THE  CITY  AGENCY DESIGNATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
   51  AND SHALL BE CONDITIONED ON THE PERMIT APPLICANT'S OR  HOLDER'S  PAYMENT
   52  OF  ALL  CIVIL PENALTIES IMPOSED UPON THE PERMIT APPLICANT OR HOLDER FOR
   53  OPERATING AN INTERCITY BUS  PASSENGER  SERVICE  THAT  LOADS  OR  UNLOADS
   54  PASSENGERS  ON  STREETS  WITHIN  SUCH  CITY  IN  VIOLATION OF ANY PERMIT
   55  REQUIREMENTS OR RESTRICTIONS. RECOVERY AGAINST A BOND  MAY  BE  MADE  BY
   56  SUCH CITY WHICH OBTAINS A JUDGMENT AGAINST THE PERMIT APPLICANT OR HOLD-
       S. 2977                             4                            A. 4578
    1  ER FOR AN ACT OR OMISSION ON WHICH THE BOND IS CONDITIONED IF THE ACT OR
    2  OMISSION  OCCURRED  DURING  THE  TERM  OF  THE BOND. THE TOTAL LIABILITY
    3  IMPOSED ON THE SURETY UNDER THIS SECTION FOR ALL BREACHES  OF  THE  BOND
    4  CONDITION  IS LIMITED TO THE FACE AMOUNT OF THE BOND. SUCH LIABILITY MAY
    5  INCLUDE, BUT IS NOT LIMITED TO, THE AMOUNT  OF  THE  FINES  IMPOSED  AND
    6  UNPAID.  IN  NO  EVENT  SHALL  THE  SURETY ON A BOND BE LIABLE FOR TOTAL
    7  CLAIMS IN EXCESS OF THE BOND AMOUNT, REGARDLESS OF THE NUMBER OR  NATURE
    8  OF CLAIMS MADE AGAINST THE BOND OR THE NUMBER OF YEARS THE BOND REMAINED
    9  IN  FORCE.  ANY SURETY ISSUING A BOND PURSUANT TO THIS SUBDIVISION SHALL
   10  BE REQUIRED TO PROVIDE SIXTY DAYS' NOTICE TO  THE  COMMISSIONER  OF  THE
   11  CITY AGENCY DESIGNATED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION PRIOR
   12  TO THE EFFECTIVE DATE OF CANCELLATION OF THE BOND;
   13    G. SHALL CONTAIN ADEQUATE REGULATORY AND ENFORCEMENT CRITERIA;
   14    H. MAY PROVIDE FOR THE IMPOSITION OF AN ANNUAL FEE FOR SUCH PERMIT NOT
   15  TO EXCEED TWO HUNDRED SEVENTY-FIVE DOLLARS PER VEHICLE;
   16    I.  SHALL PROVIDE THAT SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND
   17  OF THE CITY; AND
   18    J. MAY PROVIDE FOR:
   19    (A) A CIVIL PENALTY FOR LOADING OR  UNLOADING  PASSENGERS  ON  A  CITY
   20  STREET  WITHOUT  A  PERMIT  OR  FOR  FAILURE  TO  COMPLY WITH ANY PERMIT
   21  REQUIREMENTS OR RESTRICTION PROVIDED THAT SUCH CIVIL PENALTIES SHALL NOT
   22  BE MORE THAN ONE THOUSAND  DOLLARS,  AND  FOR  A  SECOND  OR  SUBSEQUENT
   23  VIOLATION WITHIN TWO YEARS OF THE FIRST VIOLATION SHALL NOT BE MORE THAN
   24  TWENTY-FIVE HUNDRED DOLLARS; AND
   25    (B)  SUSPENSION  OR  REVOCATION OF A PERMIT FOR FAILURE TO COMPLY WITH
   26  ANY PERMIT REQUIREMENTS OR RESTRICTIONS.
   27    5. NO ORDINANCE SHALL BE ADOPTED PURSUANT  TO  THIS  SECTION  UNTIL  A
   28  PUBLIC  HEARING  THEREON HAS BEEN HAD IN THE SAME MANNER AS REQUIRED FOR
   29  PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW.
   30    S 2. This act shall take effect immediately.