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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 - Dead) 2020-01-08 - referred to ways and means [A03178 Detail]

Download: New_York-2019-A03178-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3178
                               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
        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) Any TNC driver authorized to drive in the city shall pay a  per
     8  day  licensing  fee for each TNC digital network, as defined by subdivi-
     9  sion two of section sixteen hundred ninety-one of the vehicle and  traf-
    10  fic  law,  that  such TNC driver accesses for purposes of soliciting any
    11  prearranged trips.  Such licensing fee shall be ten dollars per day  per
    12  TNC  digital network accessed, and shall be valid for a twenty-four hour
    13  period, 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    (2) The licensing fee collected pursuant to this subdivision shall  be
    17  remitted  to  the  metropolitan  transportation  authority  finance fund
    18  established by section twelve hundred seventy-h of the  public  authori-
    19  ties law, by a TNC on a quarterly basis.
    20    (3) Any TNC who fails to collect and/or remit the licensing fee pursu-
    21  ant  to this subdivision shall be liable for a civil penalty of not more
    22  than one thousand dollars for each violation, which shall  be  recovered
    23  in a civil action brought by the attorney general.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01998-01-9
        A. 3178                             2
     1    §  2.  Section 1298 of the tax law, as added by section 18 of part AAA
     2  of chapter 59 of the laws of 2017, is amended to read as follows:
     3    §  1298.  Deposit  and  disposition  of  revenue. (a) All taxes, fees,
     4  interest and penalties collected or received by the  commissioner  under
     5  this  article  shall  be  deposited  and  disposed  of  pursuant  to the
     6  provisions of section one hundred seventy-one-a of this chapter.
     7    (b) Notwithstanding subdivision (a) of  this  section,  the  licensing
     8  fees  collected  pursuant  to  subdivision (b) of section twelve hundred
     9  ninety-two of this article shall be remitted to the metropolitan  trans-
    10  portation  authority  finance fund established by section twelve hundred
    11  seventy-h of the public authorities law.
    12    § 3. This act shall take effect on the thirtieth day  after  it  shall
    13  have become a law.