Bill Text: NY A04170 | 2011-2012 | General Assembly | Amended


Bill Title: Relates to the definition of the metropolitan commuter transportation district for the purposes of the metropolitan commuter transportation mobility tax; requires the metropolitan transportation authority to renegotiate the joint service operating agreement with the state of Connecticut.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A04170 Detail]

Download: New_York-2011-A04170-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2871--A                                            A. 4170--A
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 2, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when  printed  to  be committed to the Committee on Investi-
         gations and Government Operations -- recommitted to the  Committee  on
         Investigations  and  Government  Operations  in accordance with Senate
         Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       IN  ASSEMBLY  --  Introduced by M. of A. THIELE, ENGLEBRIGHT, LOSQUADRO,
         MURRAY -- read once and referred to the Committee on Ways and Means --
         recommitted to the Committee on Ways  and  Means  in  accordance  with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the tax law, in relation to the definition of the metro-
         politan  commuter  transportation  district  for  the  purposes of the
         metropolitan commuter transportation mobility tax; and  to  amend  the
         public  authorities  law,  in  relation  to requiring the metropolitan
         transportation authority to renegotiate the  joint  service  operating
         agreement with the state of Connecticut
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. Pursuant to chapter 25 of the laws of
    2  2009, the legislature did enact the metropolitan mobility tax within the
    3  twelve  county  region  constituting  the  metropolitan   transportation
    4  district.  The  legislature hereby finds that the residents of the towns
    5  of Brookhaven, East Hampton, Riverhead,  Shelter  Island,  Southold  and
    6  Southampton  in  the  county  of  Suffolk  receive  minimal mass transit
    7  services from the metropolitan transportation authority. Further,  these
    8  towns  already  pay  substantial  taxes  to  the  MTA  for these minimal
    9  services, including increased sales taxes and mortgage recording  taxes.
   10  It  has been estimated these five towns contribute more than $60 million
   11  annually to the MTA than they receive back in service.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03838-03-2
       S. 2871--A                          2                         A. 4170--A
    1    In the interest of tax fairness and to avoid such additional inequita-
    2  ble taxation on these towns, it is the purpose of  this  act  to  exempt
    3  such  towns  from the newly adopted metropolitan commuter transportation
    4  mobility tax.
    5    S 2. Subsection (a) of section 800 of the tax law, as added by section
    6  1  of  part  C  of chapter 25 of the laws of 2009, is amended to read as
    7  follows:
    8    (a) Metropolitan commuter transportation  district.  The  metropolitan
    9  commuter  transportation  district  ("MCTD") means the area of the state
   10  included in the district created and governed by section twelve  hundred
   11  sixty-two of the public authorities law, EXCEPT THAT FOR THE PURPOSES OF
   12  THIS  ARTICLE, THE TOWNS OF BROOKHAVEN, EAST HAMPTON, RIVERHEAD, SHELTER
   13  ISLAND, SOUTHAMPTON AND SOUTHOLD IN SUFFOLK  COUNTY  SHALL  BE  EXCLUDED
   14  FROM  THE  DISTRICT  FOR  THE  PURPOSES OF THIS ARTICLE AND ANY REVENUES
   15  PREVIOUSLY COLLECTED FROM WITHIN THESE COUNTIES SHALL BE  REIMBURSED  TO
   16  EACH PAYOR BY MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN.
   17    S  3.  Section 1266 of the public authorities law is amended by adding
   18  a new subdivision 19 to read as follows:
   19    19. THE AUTHORITY IS REQUIRED  BY  MARCH  THIRTY-FIRST,  TWO  THOUSAND
   20  THIRTEEN TO:
   21    (A)  RENEGOTIATE THE JOINT SERVICE AGREEMENT BETWEEN THE AUTHORITY AND
   22  THE STATE OF CONNECTICUT RELATED TO THE OPERATION OF THE METRO-NORTH NEW
   23  HAVEN LINE TO (I)  REQUIRE  CONNECTICUT  TO  SET  NEW  HAVEN  LINE  FARE
   24  INCREASES  AT LEVELS NECESSARY TO SUSTAIN EQUIVALENT FARE LEVELS BETWEEN
   25  NEW YORK STATE RESIDENTS RIDING THE METRO-NORTH  COMMUTER  RAILROAD  AND
   26  CONNECTICUT  RESIDENTS  RIDING  THE  METRO-NORTH COMMUTER RAILROAD, (II)
   27  REQUIRE THAT CONNECTICUT OPERATING DEFICIT  SUBSIDY  PAYMENTS  SHALL  BE
   28  BASED  ON  CONNECTICUT  RESIDENT UTILIZATION OF THE METRO-NORTH COMMUTER
   29  RAILROAD AND CONNECTICUT RESIDENT UTILIZATION OF THE NEW YORK CITY TRAN-
   30  SIT AUTHORITY WITH SUCH SUBSIDIES TO BE DETERMINED  BY  MULTIPLYING  THE
   31  CONNECTICUT  RESIDENT UTILIZATION PERCENTAGES FOR THE METRO-NORTH COMMU-
   32  TER RAILROAD AND THE NEW YORK CITY TRANSIT AUTHORITY BY  THE  RESPECTIVE
   33  BASELINE  OPERATING DEFICIT OF THESE OPERATING ENTITIES PRIOR TO SUBSIDY
   34  ADJUSTMENTS AND PRIOR TO INCREASED REVENUES PROVIDED TO THE AUTHORITY BY
   35  NEW YORK STATE RESIDENTS PURSUANT TO PAYMENTS MANDATED BY CHAPTER  TWEN-
   36  TY-FIVE OF THE LAWS OF TWO THOUSAND NINE, AND (III) PROVIDE FOR RETROAC-
   37  TIVE  LUMP  SUM  PAYMENTS  DUE  FROM THE STATE OF CONNECTICUT RELATED TO
   38  CALENDAR YEAR TWO THOUSAND NINE; OR
   39    (B) REDUCE SERVICES AND EXPENSES RELATED TO THE METRO-NORTH NEW  HAVEN
   40  LINE  OPERATION  BY  AN  AMOUNT  WHICH PRODUCES RECURRING SAVINGS TO THE
   41  AUTHORITY WHICH ARE EQUIVALENT TO THE INCREASED JOINT SERVICE  AGREEMENT
   42  PAYMENTS  WHICH WOULD BE DETERMINED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
   43  SION.
   44    S 4. This act shall take effect immediately.
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