Bill Text: NY A01590 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to requiring the continual authorization of the horse-drawn cab industry.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2016-01-06 - referred to agriculture [A01590 Detail]

Download: New_York-2015-A01590-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1590--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A. PRETLOW, SOLAGES, WEPRIN, SIMANOWITZ, MARKEY,
         RIVERA, MILLER -- Multi-Sponsored by -- M.  of  A.  LUPINACCI,  PERRY,
         SKARTADOS -- read once and referred to the Committee on Agriculture --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the general business law, in relation to horse-drawn cab
         operations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new article
    2  39-H to read as follows:
    3                                 ARTICLE 39-H
    4                 CONTINUATION OF HORSE-DRAWN CAB OPERATIONS
    5  SECTION 899-AAAA. LEGISLATIVE FINDINGS.
    6          899-BBBB. HORSE-DRAWN CAB OPERATIONS.
    7          899-CCCC. PREEMPTION.
    8    S  899-AAAA.  LEGISLATIVE  FINDINGS.  THE LEGISLATURE HEREBY FINDS AND
    9  DECLARES THAT THE HORSE-DRAWN CAB INDUSTRY PROVIDES HUMANE TREATMENT  TO
   10  THE  HORSES  UNDER  ITS CARE AND PROVIDES A VITAL OUTLET FOR HORSE POPU-
   11  LATIONS. THE HORSE-DRAWN CAB INDUSTRY REMAINS A CRUCIAL SOURCE  FOR  THE
   12  LIVELIHOOD OF MANY CITIZENS OF NEW YORK STATE.
   13    S  899-BBBB. HORSE-DRAWN CAB OPERATIONS. NOTWITHSTANDING ANY LOCAL LAW
   14  OR ORDINANCE TO THE CONTRARY, ANY MUNICIPALITY THAT CURRENTLY PERMITS OR
   15  REGULATES THE OPERATION OF  THE  HORSE-DRAWN  CAB  INDUSTRY  WITHIN  ITS
   16  TERRITORY  SHALL  CONTINUE  SUCH  PERMISSION INTO PERPETUITY. NO MUNICI-
   17  PALITY THAT ISSUES HORSE-DRAWN CAB LICENSES MAY REVOKE ANY SUCH LICENSES
   18  EXCEPT ON THE TERMS AND CONDITIONS ALREADY ESTABLISHED BEFORE THE EFFEC-
   19  TIVE DATE OF THIS SECTION, AND SUCH  MUNICIPALITIES  SHALL  CONTINUE  TO
   20  ISSUE  SUCH  LICENSES  INTO PERPETUITY, IN AN AMOUNT GREATER OR EQUAL TO
   21  THE NUMBER OF LICENSES ISSUED OR THE NUMBER OF LICENSES PERMITTED TO  BE
   22  ISSUED THE YEAR PREVIOUS TO THE EFFECTIVE DATE OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05536-02-5
       A. 1590--A                          2
    1    FOR  THE  PURPOSES  OF  THIS ARTICLE, "HORSE-DRAWN CAB INDUSTRY" SHALL
    2  MEAN THE AGGREGATE OF ANY ESTABLISHMENTS OR INDIVIDUALS OFFERING  TRANS-
    3  PORT  FOR  HIRE TO THE PUBLIC ON A HORSE-DRAWN VEHICLE. FOR THE PURPOSES
    4  OF THIS ARTICLE, "HORSE-DRAWN CAB  LICENSES"  SHALL  MEAN  THE  LICENSES
    5  ISSUED  BY THE DULY AUTHORIZED OFFICER OF THE MUNICIPALITY IN WHICH SUCH
    6  LICENSES ARE ISSUED.
    7    S 899-CCCC. PREEMPTION. THIS ARTICLE SHALL SUPERSEDE AND  PREEMPT  ALL
    8  RULES,  REGULATIONS,  CODES, STATUTES OR ORDINANCES OF ALL CITIES, COUN-
    9  TIES, MUNICIPALITIES, AND LOCAL AGENCIES REGARDING HORSE-DRAWN CAB OPER-
   10  ATIONS.
   11    S 2. This act shall take effect immediately.