Agenda Item l 4C
June 13, 2017
Introduction
MEMORANDUM
June 9, 2017
TO:
FROM:
County Council
Josh Hamlin, Legislative Attorney~
Introduction:
Expedited Bill 20-17, Taxicabs -Licenses
SUBJECT:
Expedited Bill 20-17, Taxicabs - Licenses, sponsored by Lead Sponsor Council President
Berliner, is scheduled to be introduced on June 13, 2017. A public hearing is tentatively scheduled
for June 27 at 1:30 p.m.
Background
On July 21, 2015, the Council enacted Expedited Bill 53-14, Taxicabs-Licenses- Vehicle
Requirements - Driver Identification Cards. The Executive signed the act on July 31, 2015, and it
became Chapter 39 of the Laws of Montgomery County 2015. The law substantially revised the
County's regulation of the taxicab industry. One of the objectives of the law was to increase the
number of accessible taxicabs serving County residents by specifically providing for the issuance
of additional licenses for accessible taxicabs, and requiring a plan to increase the number of
accessible taxicabs Countywide.
1
In addition to requiring a plan to increase the number of accessible taxicabs in the County,
Section 3 of the law required the issuance of 100 new taxicab licenses, as follows:
(a)
(b)
(c)
25 to individuals who do not hold a license under this Chapter, and of these, eight
must be for accessible vehicles;
25 to fleets that hold fewer than 100 licenses, and of these, eight must be for
accessible vehicles; and
50 accessible vehicle licenses to a driver-owned cooperative fleet that the Director
determines is a qualified applicant under Chapter 53.
The law added a new subsection (e) to
§
55-306, "Number of Accessible Taxicabs" to require the Director of DOT
to develop a plan for increasing the number of accessible taxicabs, with a goal of having 100% accessible taxicabs in
the County by 2025 unless the Director determines that goal to be impracticable.
1
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Of these licenses, many were approved for issuance but never issued because taxicab vehicles were
not placed in service as required by Section 53-227(b).
2
As a result, the number of accessible
taxicabs operating in the County has not increased since the enactment of the 2015 law.
Expedited Bill 20-1 7 would provide that any applicant approved for issuance of a taxicab license
under Section 3 of Chapter 39 of the Laws of Montgomery County 2015 must be issued the license
if the applicant:
(1)
notifies the Department of its intention to place a vehicle in service under this
Section;
(2)
is a qualified applicant under Chapter 53; and
(3)
places a taxicab in service not later than January 31, 2019.
This packet contains:
Expedited Bill 18-17
Legislative Request Report
Circle#
1
4
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Subsection (b) of§ 53-227 provides that "each licensee must place a taxicab
in
service within 90 days after a
license is approved for issuance. Issuance of the license take effect when the vehicle is placed in service; if the
vehicle is not actually placed
in
service, the license has not been issued. The Director may extend the time to place
a taxicab
in
service for no more than 90 additional days:( 1) to allow a vehicle to be retrofitted for use as an
accessible taxicab; or (2) in the case of a fleet, to allow the fleet to buy the taxicab and prepare it to be placed in
service. The Director must not otherwise waive or extend this requirement."
2
2
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Expedited Bill No.
20-17
Concerning: Taxicabs - Licenses
Revised: 06/05/2017
Draft No.
L
Introduced: _ _ _ _ _ _ _ __
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'N..:..:o=n=e_ _ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Berliner
AN EXPEDITED ACT
to:
(1)
provide for an extension of time to place a vehicle in taxi service for applicants for
certain taxicab licenses that were approved for issuance, but not issued; and
(2)
generally amend the laws governing the licensing and regulation of taxicabs.
By amending
Laws of Montgomery County 2015
Chapter 39
Section 3
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL NO.
20-17
1
Sec.
1.
Section 3 of Chapter 39, Laws of Montgomery County 2015, is
amended as follows:
*
*
2
3
4
*
Sec. 2.
Not later than January 1, 2016, the Director must issue 100 new
licenses following the procedures in Sections 53-205 and 53-210 as follows:
(a)
25 to individuals who do not hold a license under this Chapter, and of
these, eight must be for accessible vehicles;
(b)
25 to fleets that hold fewer than 100 licenses, and of these, eight must
be for accessible vehicles; and
(
c)
5
6
7
8
9
1O
11
5 0 accessible vehicle licenses to a driver-owned cooperative fleet that
the Director determines is a qualified applicant under Chapter 53.
12
13
14
15
16
17
Sec. 3.
.(ru
A license approved for issuance under Section
b
but for which~ taxicab
vehicle was not placed in service, must be issued if the applicant:
ill
ill
ill
.(hl
notifies the Department of its intention to place
~
taxicab vehicle
in service under this Section;
is
~
qualified applicant under Chapter 53; and
places~ taxicab in service not later than January
1L.
2019.
18
19
20
21
If any of the 50 accessible licenses allocated to a driver-owned
cooperative under Section 2 are not [awarded] issued to the cooperative
by [June 1, 2016] January
1L.
2019, either because the Director
22
23
24
determines that the cooperative is not a qualified applicant under
Chapter 53, or because the cooperative otherwise declines to obtain
them, the licenses [must] may be issued to individuals who do not
currently hold licenses under this Chapter.
25
26
*
Sec. 2. Expedited Effective Date.
*
*
27
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EXPEDITED BILL
No. 20-17
28
29
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date it becomes law.
30
31
Approved:
32
Roger Berliner, President, County Council
Date
33
Approved:
34
Isiah Leggett, County Executive
35
This is a correct copy of Council action.
Date
36
Linda M. Lauer, Clerk of the Council
37
Date
~\
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LEGISLATIVE REQUEST REPORT
Expedited Bill 20-17
Taxicabs
-
Licenses
DESCRIPTION:
Require the issuance of a taxicab license approved for issuance, but
not issued, under Section 3 of Chapter 39 of the Laws of Montgomery
County 2015, if the applicant:
(1)
notifies the Department of its intention to place a vehicle in
service under this Section;
(2)
is a qualified applicant under Chapter 53; and
(3)
places a taxicab in service not later than January 31, 2019.
The Council acted in 2015 to increase the number of accessible
taxicabs serving County residents, but that number has not increased.
Provide for the issuance of taxicab licenses approved for issuance, but
never issued, under Section 3 of Chapter 39 of the Laws of
Montgomery County 2015.
Department of Transportation
To be requested.
To be requested.
To berequested.
NI
A
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Josh Hamlin, Legislative Attorney
To be researched.
NIA
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