AN ACT CONCERNING TAXI SERVICE IN CONNECTICUT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 13b-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

[(a) No person, association, limited liability company or corporation shall operate a taxicab until such person, association, limited liability company or corporation has obtained a certificate from the Department of Transportation certifying that public convenience and necessity require the operation of a taxicab or taxicabs for transportation of passengers, the acceptance or solicitation of which originates within the territory specified in such certificate except as provided under subsection (d) of this section. No such certificate shall be issued unless the department finds that the person, association, limited liability company or corporation is suitable to operate a taxicab service, after giving due consideration to, at a minimum, the following factors: (1) Any convictions of the applicant under federal, state or local laws relative to safety, motor vehicle or criminal violations; (2) the number of taxicabs to be operated under the certificate; (3) the adequacy of the applicant's financial resources to operate the taxicab service; (4) the adequacy of insurance coverage and safety equipment; and (5) the availability of qualified taxicab operators. The commissioner shall request the state criminal history records check for any person or any officer of any association, limited liability company or corporation applying for such certificate from the State Police Bureau of Identification. The commissioner shall arrange for the fingerprinting of any person or any officer of any association, limited liability company or corporation applying for such certificate and forward the fingerprints to said bureau which shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history records check for any federal conviction specified in subdivision (1) of this subsection. A fee shall be charged by the commissioner for each such national criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. Such certificate shall be issued only after written application, fingerprinting and said criminal history records check for the same has been made and public hearing held thereon. The application shall be accompanied by a fee of eighty-eight dollars and the fee for said criminal history records check. Upon receipt of such application, the department shall fix a time and place of hearing thereon and shall promptly give written notice of the pendency of such application and of the time and place of hearing thereon to such applicant, the mayor of each city, the warden of each borough or the first selectman of each town in which the applicant desires to originate the transportation of such passengers, and to any common carrier operating within the territory specified. Notwithstanding any provision of this subsection to the contrary, the department may, upon receipt of a written application, amend an existing certificate to increase the number of taxicabs which may be operated pursuant to the certificate without holding a hearing on the application, provided the department issues a legal notice of such application in a daily newspaper in accordance with the provisions of section 1-2, gives written notice of the pendency of such application to any common carrier operating within the territory specified and no objection is filed with the department within thirty days of each such notice. With respect to any application filed under the provisions of this subsection, the department shall not consider as a ground for denial of a request for an increase in the number of taxicabs to be operated within the territory specified, any number of taxicabs not currently registered with the Commissioner of Motor Vehicles at the time of filing of such application or at the time of any hearing held thereon.

(b) Any town, city or borough within which taxicab service is operated or any interested party may bring a written petition to the department with respect to fares, service, operation or equipment or the convenience, protection and safety of passengers and the public. Thereupon, the department may fix a time and place for a hearing upon such petition, and give written notice thereof to the parties in interest at least one week prior to such hearing.

(c) No certificate shall be sold or transferred until the department, upon written application to it setting forth the purpose, terms and conditions thereof, and after investigation, finds that the purchaser or transferee is suitable to operate a taxicab service after consideration of the factors specified in subsection (a) of this section and approves the same. The application shall be accompanied by a fee of eighty-eight dollars. The department may amend or, for sufficient cause shown, may suspend or revoke any such certificate. The department may impose a civil penalty on any person or any officer of any association, limited liability company or corporation who violates any provision of this chapter or any regulation adopted under section 13b-96 with respect to fares, service, operation or equipment, in an amount not to exceed one hundred dollars per day for each violation. Any such certificate issued by the department shall remain valid unless suspended or revoked by the department. Any such certificate issued by the Division of Public Utility Control within the Department of Business Regulation prior to October 1, 1979, or by any transit district prior to March 1, 1997, shall remain valid unless suspended or revoked by the Department of Transportation.

(d) Any person, association, limited liability company or corporation which has obtained a certificate under subsection (a) of this section may solicit, receive and discharge taxicab passengers at Bradley International Airport, subject to formal agreement with the Commissioner of Transportation provided such agreement shall not take precedence over its obligation to provide taxicab service within the territory specified in such certificate. Any such person, association, limited liability company or corporation may discharge taxicab passengers received at such airport within a territory other than the territory specified in its certificate. The commissioner may charge and collect a reasonable fee from any such person, association, limited liability company or corporation for the privilege of solicitation of such passengers.]

(a) No person, association, limited liability company or corporation shall operate a taxicab until such person, association, limited liability company or corporation has obtained a taxicab medallion from the Department of Transportation to provide taxicab service in the county specified for the medallion. Any such medallion issued by the department shall remain valid unless suspended by the department. Except at provided in subsection (i) of this section, the holder of such a medallion shall provide taxicab service in the county specified for the medallion and may solicit or receive passengers only in the service area specified for the medallion and such holder may discharge taxicab passengers in a county other than the county specified in its medallion. Each owner of a medallion shall pay an annual fee of one hundred dollars to the Commissioner of Transportation which fee shall be placed in the taxicab medallion account, as provided in subsection (e) of this section.

(b) Each person, association, limited liability company or corporation issued a certificate to operate a taxicab under this section before October 1, 2005, or by the Division of Public Utility Control within the Department of Business Regulation before October 1, 1979, or by any transit district before March 1, 1997, shall be issued a taxicab medallion on October 1, 2005, to operate a taxicab in the county that is part of the territory for which the certificate had been issued. If a certificate includes a territory that is located in more than one county, the medallion shall be issued for the county in which the majority of the population for the former certificate is located.

(c) The Department of Transportation may create additional taxicab medallions if the department finds, after a public hearing, that additional medallions are needed within a county of the state. The department shall hold such hearings every two years beginning in 2006.

(d) Additional mediallions created by the department after the hearings held pursuant to subsection (c) of this section shall be available for auction from the department. The department shall, by regulation adopted pursuant to chapter 54, establish procedures for conducting an auction of additional medallions. Bidding for a medallion sold by auction pursuant to this subsection shall begin at twenty-five thousand dollars.

(e) There shall be a taxicab medallion account which shall be a separate, nonlapsing account within the General Fund. Seventy per cent of the moneys received for taxicab medallions auctioned pursuant to subsection (d) of this section shall be placed in the taxicab medallion account to be used by the Department of Transportation to staff an office to implement safety and appearance regulations for taxicabs and to cover other administrative costs related to running the taxicab medallion system set out in this section.

(f) No person, association, limited liability company or corporation may bid on a taxicab medallion pursuant to subsection (f) of this section until such person, association, limited liability company or corporation has obtained a certificate of suitability from the Department of Transportation. No such certificate of suitability shall be issued unless (1) the department has conducted a state and national criminal history records check on such person, association, limited liability company or corporation pursuant to the provisions of section 29-17a and such person, association, limited liability company or corporation has paid the required fees for such records check, and (2) the department finds that the person, association, limited liability company or corporation is suitable to operate a taxicab service, after giving due consideration to, at a minimum, the following factors: (A) Convictions of the applicant under federal, state or local laws relative to safety, motor vehicle or criminal offenses; (B) adequacy of the applicant's financial resources to operate a taxicab service; and (C) adequacy of insurance coverage and equipment to assure the safe operation of a taxicab.

(g) No medallion may be transferred from the owner of the medallion to a potential purchaser or transferee unless the potential purchaser or transferee has obtained a certificate of suitability from the Department of Transportation. The potential purchaser or transferee shall apply to the department for such a certificate and set forth, in the application, the purpose, terms and conditions of the purchase or transfer. The applicant shall pay an application fee of eighty-eight dollars. No such certificate of suitability shall be issued unless (1) the department has conducted a state and national criminal history records check of the potential purchaser or transferee required by subdivision (1) of subsection (f) of this section and the potential purchaser or transferee has paid the required fees for the records check, and (2) the department finds that the potential purchaser or transferee is suitable to operate a taxicab service after consideration of the factors specified in subdivision (2) of subsection (f) of this section.

(h) The department may impose a civil penalty, not to exceed one hundred dollars per day for each violation, or suspend the medallion of any person or any officer of any association, limited liability company or corporation that violates any provision of chapter 244a or any regulation adopted under section 13b-96 with respect to fares, service, operation or equipment.

(i) Any person, association, limited liability company or corporation that has obtained a medallion under this section may solicit, receive and discharge taxicab passengers at Bradley International Airport, subject to formal agreement with the Commissioner of Transportation, provided such agreement shall not take precedence over its obligation to provide taxicab service within the county specified in such medallion. Any such person, association, limited liability company or corporation may discharge taxicab passengers received at such airport within a county other than the county specified in its medallion. The commissioner may charge and collect a reasonable fee from any such person, association, limited liability company or corporation for the privilege of solicitation of such passengers.

Statement of Purpose:

To establish a system of medallions to qualify for providing taxicab service in the state.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]