Bill Text: NY A03178 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes a daily $5 licensing fee on transportation network company drivers and for each transportation network account a driver accesses; deposits such licensing fees into the MTA finance fund; imposes a civil penalty on transportation network companies who fail to collect and/or remit the required licensing fee.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-05-09 - print number 3178a [A03178 Detail]

Download: New_York-2019-A03178-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3178--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2019
                                       ___________

        Introduced  by M. of A. CARROLL, ORTIZ, ENGLEBRIGHT, GOTTFRIED -- Multi-
          Sponsored by -- M. of A. COOK, EPSTEIN -- read once  and  referred  to
          the Committee on Ways and Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the tax law, in relation to establishing a daily licens-
          ing  fee  on  transportation  network company drivers in a city with a
          population of one million or more

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 1292 of the tax law, as added by section 18 of part
     2  AAA of chapter 59 of the laws of 2017, is amended to read as follows:
     3    §  1292.  Imposition. (a) There is hereby imposed on every TNC a state
     4  assessment fee of 4% of the gross trip fare  of  every  TNC  prearranged
     5  trip  provided by such TNC that originates anywhere in the state outside
     6  the city and terminates anywhere in this state.
     7    (b)(1)(i) Any TNC driver authorized to drive in the city shall  pay  a
     8  per day licensing fee for each TNC digital network, as defined by subdi-
     9  vision  two  of  section  sixteen  hundred ninety-one of the vehicle and
    10  traffic law, that such TNC driver accesses for  purposes  of  soliciting
    11  any  prearranged  trips  which  shall  be  five  dollars per day per TNC
    12  digital network accessed and shall be valid for a twenty-four hour peri-
    13  od, which shall begin  when  a  TNC  digital  network  is  accessed  for
    14  purposes  of  soliciting  any  prearranged trips.   In no case shall the
    15  licensing fee imposed by this subdivision be passed along to passengers.
    16    (ii) Any TNC digital network accessed by a TNC  driver  authorized  to
    17  drive  in the city shall pay a per day licensing fee which shall be five
    18  dollars per day and shall be valid for a twenty-four hour period,  which
    19  shall  begin  when the TNC digital network is accessed by the driver for
    20  the purposes of soliciting prearranged trips.
    21    (2) The licensing fee collected pursuant to this subdivision shall  be
    22  remitted  to  the  metropolitan  transportation  authority  finance fund

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01998-04-9

        A. 3178--A                          2

     1  established by section twelve hundred seventy-h of the  public  authori-
     2  ties law, by a TNC on a quarterly basis.
     3    (3) Any TNC who fails to collect and/or remit the licensing fee pursu-
     4  ant  to this subdivision shall be liable for a civil penalty of not more
     5  than one thousand dollars for each violation, which shall  be  recovered
     6  in a civil action brought by the attorney general.
     7    §  2.  Section 1298 of the tax law, as added by section 18 of part AAA
     8  of chapter 59 of the laws of 2017, is amended to read as follows:
     9    § 1298. Deposit and disposition  of  revenue.  (a)  All  taxes,  fees,
    10  interest  and  penalties collected or received by the commissioner under
    11  this article  shall  be  deposited  and  disposed  of  pursuant  to  the
    12  provisions of section one hundred seventy-one-a of this chapter.
    13    (b)  Notwithstanding  subdivision  (a)  of this section, the licensing
    14  fees collected pursuant to subdivision (b)  of  section  twelve  hundred
    15  ninety-two  of this article shall be remitted to the metropolitan trans-
    16  portation authority finance fund established by section  twelve  hundred
    17  seventy-h of the public authorities law.
    18    §  3.  This  act shall take effect on the thirtieth day after it shall
    19  have become a law.
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