Bill Text: NY A00959 | 2013-2014 | General Assembly | Amended


Bill Title: Provides improved access to taxicabs for persons with disabilities and authorizes the sale of 2,000 additional wheelchair accessible taxicab licenses in NYC; provides for the NYC taxi and limousine commissioner to set aside up to $100,000,000, but not less than $75,000,000, for the modification and upkeep of all medallion taxicabs and to offset any additional costs of medallion owners.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2014-01-08 - referred to cities [A00959 Detail]

Download: New_York-2013-A00959-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        959--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. KELLNER, WEISENBERG, DINOWITZ, BARRON, MILLMAN,
         HOOPER, WEPRIN -- Multi-Sponsored by -- M. of A. FARRELL, GLICK, GOTT-
         FRIED -- read once and referred to the Committee on Cities --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee
       AN ACT to amend the general municipal law, in relation to providing  for
         improved access to taxicabs for persons with disabilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 181 of the general municipal law,  as  amended  by
    2  chapter  579 of the laws of 1993, subdivision 1 as separately amended by
    3  chapters 382 and 385 of the laws of 2012, is amended to read as follows:
    4    S 181. Ordinances to regulate taxicabs and limousines.  1. The munici-
    5  pal officers and boards in the several cities,  towns  and  villages  of
    6  this state now having the authority to enact ordinances, may adopt ordi-
    7  nances regulating:
    8    [1.]  (A) The registration and licensing of taxicabs and may limit the
    9  number of taxicabs to be licensed and  the  county  of  Westchester  may
   10  adopt  ordinances  regulating the registration and licensing of taxicabs
   11  and limousines and may limit the number to be licensed;  the  county  of
   12  Nassau  may adopt ordinances regulating the registration of taxicabs and
   13  limousines; and the county of Suffolk may  adopt  ordinances  regulating
   14  the  registration  of taxicabs, limousines, and livery vehicles; and the
   15  county of Rockland may adopt local laws  or  ordinances  regulating  the
   16  registration  and licensing of taxicabs, limousines, and livery vehicles
   17  and may limit the number to be licensed.
   18    [2.] (B) Parking and passenger  pick-up  and  discharge  by  taxicabs,
   19  limousines  and  livery  vehicles.  Establishment of such ordinances and
   20  regulations regulating parking and passenger pick-up and discharges  may
   21  be based upon recommendations from municipal planning officials or other
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01883-04-3
       A. 959--A                           2
    1  public  entities  and  may  address  and  take  into  consideration such
    2  factors, including, but not limited to, geographic areas, vehicle  type,
    3  limiting  the  number of parked vehicles and activities undertaken while
    4  parked, and periods of idling.
    5    2.  THE  MUNICIPAL OFFICERS AND BOARDS IN ANY CITY HAVING A POPULATION
    6  OF MORE THAN ONE MILLION SHALL NO LATER THAN APRIL THIRTIETH, TWO  THOU-
    7  SAND FIFTEEN ADOPT ORDINANCES PROVIDING:
    8    (A) THAT "ACCESSIBLE TAXICAB" SHALL MEAN ANY VEHICLE THAT
    9    (1) IS EQUIPPED WITH A LIFT, RAMP, OR ANY OTHER DEVICE, ARRANGEMENT OR
   10  ALTERATION, SO IT IS CAPABLE OF TRANSPORTING PERSONS WITH PHYSICAL DISA-
   11  BILITIES,  INCLUDING  THOSE  WHO  USE  WHEELCHAIRS, SCOOTERS AND SIMILAR
   12  DEVICES WHILE THEY REMAIN SEATED IN THEIR WHEELCHAIRS, SCOOTERS OR SIMI-
   13  LAR DEVICES;
   14    (2) COMPLIES WITH THE SPECIFICATIONS SET FORTH IN REGULATIONS  PROMUL-
   15  GATED  UNDER  THE  AMERICANS  WITH  DISABILITIES  ACT AND CODIFIED AT 49
   16  C.F.R. SECTIONS 38.23, 38.25 AND 38.31, AS AMENDED, WHETHER OR NOT THOSE
   17  REGULATIONS WOULD APPLY UNDER FEDERAL LAW;
   18    (3) IS EQUIPPED WITH AN ASSISTIVE LISTENING SYSTEM  FOR  PERSONS  WITH
   19  HEARING  IMPAIRMENT  THAT IS CONNECTED WITH ANY INTERCOM, VIDEO OR AUDIO
   20  SYSTEM, WHEN SUCH A SYSTEM IS INSTALLED;
   21    (4) ASSURES THAT THE TECHNOLOGY UTILIZED BY TAXICABS IS COMPLIANT WITH
   22  THE  STANDARDS  PROMULGATED  BY  THE  COMMISSIONER  OF   TRANSPORTATION;
   23  PROVIDED THAT A LOCAL AUTHORITY WITH OVERSIGHT OVER TAXICABS, LIMOUSINES
   24  AND LIVERY VEHICLES MAY CONDUCT PILOT PROGRAMS TESTING NEW SYSTEMS;
   25    (5)  IS  EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN: (A) BRAILLE; AND
   26  (B) LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH  LOW
   27  VISION;
   28    (6)  PROVIDES  SUFFICIENT FLOOR SPACE TO ACCOMMODATE A SERVICE ANIMAL;
   29  AND
   30    (7) IF POWERED BY A HYBRID-ELECTRIC POWER PLANT, IS EQUIPPED  WITH  AN
   31  APPROPRIATE  DEVICE TO ENABLE PERSONS WHO ARE BLIND TO HEAR THE APPROACH
   32  OF THE VEHICLE AS READILY AS THEY CAN HEAR A CONVENTIONAL  GASOLINE-POW-
   33  ERED TAXICAB.
   34    (B)  THAT  NO  OWNER OF A TAXICAB SHALL PLACE ANY TAXICAB INTO SERVICE
   35  SUBSEQUENT TO OCTOBER FIRST, TWO THOUSAND SIXTEEN WHICH TAXICAB  IS  NOT
   36  AN ACCESSIBLE TAXICAB.
   37    3. FOR PURPOSES OF THIS SECTION, THE TERM "ASSISTIVE LISTENING SYSTEM"
   38  SHALL   MEAN   SITUATIONAL-PERSONAL   ACOUSTIC  COMMUNICATION  EQUIPMENT
   39  DESIGNED TO IMPROVE THE TRANSMISSION AND AUDITORY  RECEPTION  OF  SOUND.
   40  SUCH  SYSTEM  SHALL  INCLUDE  BUT  NOT BE LIMITED TO THE USE OF STANDARD
   41  AMPLITUDE MODULATION (AM), FREQUENCY MODULATION  (FM),  AUDIO  INDUCTION
   42  LOOP, INFRARED LIGHT SOUND, OR HARD WIRE SYSTEMS.
   43    S  2.  (a)  Accessible  taxicab license issuance. The city of New York
   44  may, by local law, authorize  the  New  York  city  taxi  and  limousine
   45  commission  (TLC)  or  its  successor agency to issue up to two thousand
   46  taxicab licenses in addition to those already issued, provided, however,
   47  that such taxicab licenses shall be restricted  to  vehicles  designated
   48  for  the  purpose of transporting persons in wheelchairs or containing a
   49  physical device or alteration designed to permit access  to  and  enable
   50  the  transportation  of  persons  in  wheelchairs in accordance with the
   51  Americans with Disabilities Act, provided further that  such  additional
   52  licenses shall be issued by public sale and shall be fully transferable.
   53    (b) The TLC shall prescribe by regulation the procedures for the issu-
   54  ance  and  public  sale  of such additional licenses, by public auction,
   55  sealed bids or other competitive  process.  For  the  purposes  of  this
   56  subdivision,  the  term "wheelchair accessible taxicab" shall refer to a
       A. 959--A                           3
    1  vehicle that complies with federal regulations promulgated  pursuant  to
    2  the  Americans  with Disabilities Act applicable to taxicabs under twen-
    3  ty-two feet in length, by the federal Department of  Transportation,  in
    4  Code  of  Federal  Regulations,  title  49,  parts 37 and 38, and by the
    5  federal Architecture and Transportation Barriers  Compliance  Board,  in
    6  Code  of Federal Regulations, title 36, section 1192.23, and the Federal
    7  Motor Vehicle Safety Standards, Code of Federal Regulations,  title  29,
    8  part 57.
    9    (c) From the sale of such additional 2,000 wheelchair accessible taxi-
   10  cab  licenses pursuant to subdivision (a) of this section, the TLC shall
   11  set aside up to $100,000,000, but not less  than  $75,000,000,  for  the
   12  modification  and  upkeep  of  all  medallion taxicabs and to offset any
   13  additional costs of medallion owners. The TLC shall determine the subsi-
   14  dy based on the type of medallion issued.
   15    S 3. The commissioner of transportation shall  promulgate  any  rules,
   16  regulations  and standards necessary to give effect of the provisions of
   17  this act, including, but not limited to rules, regulations and standards
   18  concerning the standardization of assistive listening technology  avail-
   19  able in taxicabs and the content of signs available in taxicabs to visu-
   20  ally impaired persons.
   21    S 4. This act shall take effect immediately.
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