Bill Text: NJ A3869 | 2014-2015 | Regular Session | Introduced
Bill Title: Establishes State Taxi Commission.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-10-27 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A3869 Detail]
Download: New_Jersey-2014-A3869-Introduced.html
Sponsored by:
Assemblyman CARMELO G. GARCIA
District 33 (Hudson)
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
SYNOPSIS
Establishes State Taxi Commission.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the regulation of taxis, supplementing chapter 16 of Title 48 of the Revised Statutes, amending R.S.40:52-1, and repealing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in this act:
"Commission" means the State Taxi Commission established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Department" means the Department of Law and Public Safety.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Taxi" means and includes any automobile engaged in the business of carrying passengers for hire which is held out, announced, or advertised to operate or run or which is operated or run over any of the streets or public highways of this State, and particularly accepts and discharges persons who offer themselves for transportation from points or places to points or places within or outside the State.
2. (New section) a. There is established within the Division of Consumer Affairs in the Department of Law and Public Safety a State Taxi Commission. The commission shall consist of nine members to be appointed by the Governor with the advice and consent of the Senate.
b. The Governor shall nominate the nine members of the commission, within 180 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall select one of the members to serve as the Chairperson and Chief Executive Officer who shall preside over the commission.
c. The members shall be appointed for a term of three years, except that of the members first appointed, three shall be appointed for a term of one year, three shall be appointed for a term of two years, and three shall be appointed for a term of three years. Each member shall serve until the member's successor has been qualified. Any vacancy in the membership of the committee shall be filled for the unexpired term in the same manner as the original appointments were made. No member shall serve for more than two consecutive terms in addition to any unexpired term to which the member has been appointed.
d. Except for the member
selected to serve as the Chairperson
and Chief Executive Officer of the commission, the members of the commission
shall serve without compensation, but shall be entitled to reimbursement for
all necessary expenses incurred in the performance of their duties. The salary
of the Chairperson and Chief Executive Officer shall be determined by the
Governor.
e. A member of the commission may be removed from office by the Governor, for cause, upon notice and opportunity to be heard.
3. (New section) The commission shall have the powers and duties to:
a. Issue and renew licenses to own or operate a taxi business in this State;
b. Establish standards for insurance, including but not limited to, motor vehicle liability, property damage, uninsured and underinsured motorist, collision, and comprehensive insurance coverage requirements and which entities are permitted to offer that insurance for sale;
c. Set standards for safety, design, comfort, convenience, noise and air pollution control of taxis;
d. Ensure proper conduct and standards for drivers and owners of taxis;
e. Set the standards and conditions of service of taxis;
f. Maintain a record of every business licensed to operate taxis in this State;
g. Require background checks for drivers of taxis;
h. Determine, in consultation with the New Jersey Motor Vehicle Commission, whether special license plates are appropriate for taxis; and
i. Promulgate rules and regulations to carry out matters delegated to the commission concerning any provisions of this act, in conformance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
4. (New section) The commission shall organize within 30 days after the appointment of a majority of its members. The commission shall meet at least four times a year and may hold additional meetings as necessary to discharge its duties.
5. (New section) The commission shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one year from the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) on the commission's progress in implementing a Statewide standard for taxis.
6. R.S.40:52-1 is amended to read as follows:
40:52-1. The governing body may make, amend, repeal and enforce ordinances to license and regulate:
a. All vehicles used for the transportation of [passengers,] baggage, merchandise, and goods and chattels of every kind, and the owners and drivers of all [such] these vehicles; and the places and premises in which or at which the different kinds of business or occupations mentioned herein are carried on and conducted. Nothing herein contained shall be construed as modifying or repealing any of the provisions of chapter 4 of Title 48 of the Revised Statutes (R.S.48:4-1 et seq.);
b. Autobuses, and the owners and drivers of all [such vehicles] autobuses, and to fix the fees for [such] autobus licenses, which may be imposed for revenue, and to prohibit the operation of all [such vehicles] autobuses in the public streets or places of [such] the municipality, unless [such] the ordinances are complied with, whether [such vehicles] autobuses are operated over routes wholly or partly within the territorial limits of [such] the municipality; the powers conferred by this section shall not be in substitution of but in addition to whatever other right, power and authority any [such] municipality may at any time have as to licensing, regulating, or control of the operation of [such] autobuses, commonly called jitneys, and this section shall not be construed as modifying or repealing any of the provisions of chapter 4 (R.S.48:4-1 et seq.) or article 3 of chapter 16 (R.S.48:16-23 et seq.) of Title 48 of the Revised Statutes;
c. Cartmen, expressmen, baggagemen, porters, common criers, hawkers, peddlers, employment agencies, pawnbrokers, junk shop-keepers, junk dealers, motor vehicle junk dealers, street sprinklers, bill posters, bill tackers, sweeps, scavengers, itinerant vendors of merchandise, medicines and remedies; and the places and premises in which or at which the different kinds of business or occupations mentioned herein are conducted and carried on;
d. Hotels, boardinghouses, lodging and rooming houses, trailer camps and camp sites, motels, furnished and unfurnished rented housing or living units, and all other places and buildings used for sleeping and lodging purposes, and the occupancy thereof, restaurants and all other eating places, and the keepers thereof;
e. Automobile garages, dealers in second-hand motor vehicles and parts thereof, bathhouses, swimming pools, and the keepers thereof;
f. Theatres, cinema and show houses, opera houses, concert halls, dance halls, pool or billiard parlors, bowling alleys, exhibition grounds, and all other places of public amusement, circuses and traveling or other shows, plays, dances, exhibitions, concerts, theatrical performances, and all street parades in connection therewith;
g. Lumber and coal yards, stores for the sale of meats, groceries and provisions, dry goods and merchandise, and goods and chattels of every kind, and all other kinds of business conducted in the municipality other than herein mentioned, and the places and premises in or at which the business is conducted and carried on; street stands for the sale or distribution of newspapers, magazines, periodicals, books, and goods and merchandise or other articles;
h. Street signs and other objects projecting beyond the building line, into or over any public street or highway;
i. Auctioneers and their business, whether the auctioneers be real estate brokers engaged in selling at auction or real estate auctioneers licensed by the New Jersey Real Estate Commission; fix their fees, and license and regulate public auctions; make such regulations as the governing body of the municipality shall deem necessary, to protect the public against fraud at public auction sales, and for the safety and protection of the property of the municipality and its inhabitants, including the power to require from auctioneers a bond to the municipality, not exceeding the penal sum of [$5,000.00] $5,000, conditioned as the governing body shall require;
j. Sales of goods, wares and merchandise to be advertised, held out or represented, or which are advertised, held out or represented, to the public, by any means, directly or by implication, as forced sales at reduced prices or as insurance, bankruptcy, mortgage foreclosure, insolvency, removal, loss or expiration of lease or closing out sales, or as assignees', receivers' or trustees' sales or as sales of goods distrained or as sales of goods damaged by fire, smoke or water, except any sale which is to be held under a judicial order, judgment or decree or a writ issuing out of any court or to enforce any lawful lien or power of sale whether by judicial process or not or by a licensed auctioneer; to make such regulations governing the advertisement, holding out or representing to the public of such sales, and the conduct thereof, as the governing body of the municipality shall deem necessary to protect the public against fraud; to prohibit the advertising, holding out or representing to the public of any sale as being of the character above described which is not of such character and to fix license fees for the conduct of such sales and to impose penalties for the violation of any such ordinance;
k. (Deleted by amendment, P.L.1997, c.320.)
l. (Deleted by amendment, P.L.1984, c.205.)
m. The rental of real property for commercial purposes wherein the lease is for a term less than 175 consecutive days. No ordinance adopted pursuant to this subsection shall apply to any lease or occupancy which results from a tenant holding over at the expiration or early termination of a lease with an original term in excess of 175 consecutive days, regardless of whether the holdover is month-to-month or for some other term of less than 175 consecutive days; and
n. The rental of real property for a term less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere.
Nothing contained in this chapter [contained] shall be construed to authorize or empower the governing body of any municipality to license or regulate any person holding a license or certificate issued by any department, board, commission, or other agency of the State; provided, however, that the governing body of a municipality may make, amend, repeal and enforce ordinances to license and regulate real estate auctioneers or real estate brokers engaged in selling at auction and their business as provided in this section despite the fact that such real estate auctioneers or brokers may be licensed by the New Jersey Real Estate Commission and notwithstanding the provisions of this act or any other act.
(cf: P.L.1997, c.320, s.1)
7. The following sections are repealed:
R.S.48:16-1 through R.S.48:16-12; and
Sections 1 through 4 of P.L.2011, c.135 (C.48:16-2.1 et seq.).
8. This act shall take effect on the first day of the 13th month following enactment.
STATEMENT
This bill establishes the "State Taxi Commission" to create a Statewide system of taxi regulation. Currently, taxi regulation varies from municipality to municipality. Under the bill, the commission is empowered to establish a uniform system of regulations to govern the taxi industry throughout the State.
The bill provides that the commission shall consist of nine members to be appointed by the Governor with the advice and consent of the Senate. Eight of the nine commissioners are to serve without compensation. The ninth commissioner is to serve as the Chairperson and Chief Executive Officer and to have a salary determined the Governor.
The bill provides that the commission shall have the powers and duties to do the following:
· Issue and renew licenses to own or operate a taxi business in this State;
· Establish standards for insurance coverage;
· Set standards for safety, design, comfort, convenience, noise and air pollution control of taxis;
· Ensure proper conduct and standards for drivers and owners of taxis;
· Set the standards and conditions of service of taxis;
· Maintain a record of every business licensed to operate taxis in this State;
· Require background checks for drivers of taxis;
· Determine, in consultation with the New Jersey Motor Vehicle Commission, whether special license plates are appropriate for taxis.
The bill also repeals the sections of statutory law that establish municipal control over the regulation of taxis.
