Bill Text: NY S07359 | 2015-2016 | General Assembly | Amended
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-06-16 - SUBSTITUTED BY A9878A [S07359 Detail]
Download: New_York-2015-S07359-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 7359--A A. 9878--A SENATE - ASSEMBLY 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: 1 Section 1. The public authorities law is amended by adding a new 2 section 1307-a to read as follows: 3 § 1307-a. Additional special powers of the authority. 1. For the 4 purposes of this section, the following terms shall have the following 5 meanings: 6 (a) "administer" shall mean an action carried out in a prescribed 7 manner not allowing for substantial personal discretion for the purpose 8 of processing taxicab driver permits and taxicab registrations and 9 licenses, consisting of: (i) making city, town or village taxicab driver 10 permit and taxicab vehicle registration and license applications avail- 11 able to applicants; (ii) referring taxicab driver applicants to medical 12 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. LBD14995-04-6S. 7359--A 2 A. 9878--A 1 be required to submit a taxicab driver application; (iii) acting as the 2 designated entity for the submission of such applications including 3 forms for any required medical exams and/or drug and alcohol testing; 4 (iv) processing criminal background and/or department of motor vehicles 5 license checks as may be required by law for a taxicab driver applica- 6 tion and as the authority is otherwise authorized by law to process such 7 checks; (v) forwarding applications, any required medical and/or drug 8 and alcohol test forms and any required criminal background or depart- 9 ment of motor vehicles license checks to the applicable city, town or 10 village; (vi) and, providing taxicab driver permits and taxicab vehicle 11 registrations and licenses upon receiving notification from such city, 12 town or village that such municipality has approved such applications 13 and issued such permit, registration or license. Such term shall also 14 include the collection and forwarding of taxicab complaints to the rele- 15 vant municipality; 16 (b) "taxicab vehicle registration and license" shall mean the authori- 17 ty granted by the relevant municipality, in the form of a taxicab medal- 18 lion, for an applicant to own a vehicle designated as a taxicab and for 19 such taxicab to be used as such within such municipality's jurisdiction; 20 (c) "taxicab driver permit" shall mean the authority granted by the 21 relevant municipality for an applicant to drive a vehicle with a taxicab 22 medallion within such municipality's jurisdiction; and 23 (d) "identical ordinance" shall mean ordinances of the several cities, 24 towns and villages that are located in the Capital District transporta- 25 tion district that regulate the registration and licensing of taxicab 26 vehicles and regulate taxicab driver permits pursuant to section one 27 hundred eighty-one of the general municipal law and are identical with 28 the exception of rates for taxicab service and application, permit, 29 registration and license fees. 30 2. (a) The authority is authorized to enter into an agreement with any 31 city, town or village located within the transportation district that 32 has adopted an identical ordinance regulating the registration and 33 licensing of taxicab vehicles, and the permitting of taxicab drivers, 34 pursuant to the provisions of section one hundred eighty-one of the 35 general municipal law, to administer taxicab driver permits and taxicab 36 vehicle registrations and licenses on behalf of such city, town or 37 village. Entry into such agreement shall be authorized only by resol- 38 ution of the authority approved by not less than a majority of the whole 39 number of members of the authority then in office. 40 (b) Nothing contained in this act, or in any state or local law, 41 order, ordinance, rule, regulation or administrative code, shall be 42 deemed to authorize the authority to approve or deny initial or renewal 43 of taxicab vehicle registration and license applications or taxicab 44 driver permit applications, or to cancel, suspend, revoke or take other 45 action against a taxicab vehicle registration and license or taxicab 46 driver permit or the holder thereof, or to impose any penalties for 47 violations. 48 (c) Pursuant to an agreement as described in paragraph (a) of this 49 subdivision, the authority is authorized to perform medical or drug and 50 alcohol testing for applicants to the extent the authority is currently 51 authorized and performing such testing for the authority's bus drivers, 52 and process such criminal background checks and department of motor 53 vehicle license checks on each applicant for a taxicab driver permit to 54 the extent otherwise authorized by state and federal law. 55 (d) Nothing in this section or section two of the chapter of the laws 56 of two thousand sixteen which added this section shall be construed toS. 7359--A 3 A. 9878--A 1 prevent a city, town or village at any time to withdraw from or termi- 2 nate an agreement to have the authority administer the issuance of taxi- 3 cab driver permits and taxicab vehicle registrations and licenses on 4 behalf of such city, town or village. 5 3. (a) The total cost to the authority of administering the agreement 6 authorized pursuant to this section shall be borne entirely by the 7 city, town or village within the district which is a party to such 8 agreement. On or before June first of each year, the authority shall 9 determine and certify to each city, town or village with which it has 10 entered into an agreement pursuant to this section the total cost to the 11 authority for the twelve-month period ending the preceding March thir- 12 ty-first, of administering such agreement within each city, town or 13 village, respectively. On or before the following September first of 14 each year, each such city, town or village shall pay to the authority 15 such cost so certified to it on or before the preceding June first. Not 16 later than twenty days after each such payment is submitted or is due, 17 whichever occurs first, the authority shall submit to the director of 18 the budget and the chairpersons of the fiscal committees of the legisla- 19 ture a report for each such city, town and village showing the amount 20 of costs so certified and the amount of payments so received or due. If 21 a city, town or village fails to make the payment required to the 22 authority by the twentieth day after the date such payment was due, such 23 city, town or village shall no longer be deemed a signatory to the 24 agreement authorized by this section on such twentieth day and the 25 authority shall: (i) notify the director of the budget and the chair- 26 persons of the fiscal committees of the legislature of such occurrence 27 within twenty-four hours of such day; and (ii) be prohibited from admin- 28 istering the issuance of taxicab driver permits and taxicab registra- 29 tions and licenses on behalf of such city, town or village. 30 (b) If the authority should fail to submit any report required by 31 paragraph (a) of this subdivision, the agreement between the authority 32 and each city, town or village shall be deemed void on the ninetieth day 33 after the date such report was due, unless the authority shall have 34 submitted such report prior to such ninetieth day; provided, however, 35 that any taxicab driver permit and any taxicab vehicle registration and 36 license issued pursuant to such agreement shall not be voided and shall 37 continue in full force and effect until its date of expiration and 38 subject to the applicable local ordinance. 39 4. The performance by the authority of the provisions of this section 40 shall, for the purposes of this section, be deemed to be a further 41 purpose of the authority; provided, however, that the authority shall be 42 prohibited from increasing omnibus fares, decreasing omnibus service, or 43 in any way changing, modifying, or altering services related to its 44 primary purpose to continue, develop and improve transportation and 45 other services related thereto within the Capital District transporta- 46 tion district by railroad, omnibus, marine and air as set forth in 47 section thirteen hundred four of this title due to its performance of 48 any act authorized or required by the provisions of this section. 49 § 2. Administration of taxicab vehicle registrations and licenses and 50 taxicab driver permits within the Capital District transportation 51 district. 1. The municipal officers and boards in the several cities, 52 towns and villages located within the Capital District transportation 53 district which have adopted identical ordinances regulating the regis- 54 tration and licensing of taxicab vehicles and regulating taxicab driver 55 permits pursuant to section 181 of the general municipal law, with the 56 exception of rates for taxicab service and application, permit, regis-S. 7359--A 4 A. 9878--A 1 tration and license fees, are each hereby authorized to enter into an 2 agreement with the Capital District transportation authority ("authori- 3 ty") for the authority to administer taxicab driver permits and taxicab 4 vehicle registrations and licenses on behalf of such cities, towns and 5 villages subject to the provisions of this section and section 1307-a of 6 the public authorities law. 7 2. Notwithstanding the provisions of subdivision one of section 181 of 8 the general municipal law, no agreement with the Capital District trans- 9 portation authority shall take effect until a minimum of two cities, 10 towns or villages have adopted identical ordinances as required by 11 subdivision 1 of this section. Subsequent cities, towns and villages may 12 enter into the agreement with the authority provided that their ordi- 13 nances are identical to the ordinances that are already part of the 14 agreement with the authority, with the exception of rates for taxicab 15 service or fees. 16 3. Nothing in this section or act shall be construed to prevent a 17 city, town or village at any time to withdraw from or terminate an 18 agreement to have the authority administer the issuance of taxicab driv- 19 er permits and taxicab vehicle registrations and licenses on behalf of 20 such city, town or village. 21 4. For purposes of this section, the following terms shall have the 22 following meanings: 23 a. "Capital District Transportation Authority" or "authority" shall 24 mean the corporation created by section 1303 of the public authorities 25 law; and 26 b. "Capital District transportation district" or "district" shall mean 27 the area of the state included in the district created and governed by 28 section 1302 of the public authorities law. 29 § 3. This act shall take effect immediately and shall expire and be 30 deemed repealed July 1, 2021.