Bill Text: NY S01847 | 2023-2024 | General Assembly | Introduced
Bill Title: Grants authority for medallion owners and designated agents to pass along credit card processing fees to the customer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01847 Detail]
Download: New_York-2023-S01847-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1847 2023-2024 Regular Sessions IN SENATE January 17, 2023 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the tax law, in relation to processing fees resulting from credit card or other non-cash payments selected by passengers of taxicabs and for-hire transportation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (c) of section 1283 of the tax law is amended 2 by adding a new paragraph 4 to read as follows: 3 (4) The surcharge imposed by this article must be passed along to 4 passengers and separately stated on any receipt that is provided to such 5 passengers, and may include, if permitted by the regulatory agency, any 6 processing fees resulting from a credit card or other non-cash payment 7 option selected by such passenger. The passing along of such surcharge 8 shall not be construed by any court or administrative body as the impo- 9 sition of the surcharge on the person or entity that pays for the for- 10 hire transportation trip. All regulatory agencies must adjust any fares 11 that are authorized by them to include the surcharge imposed by this 12 article, and may adjust such authorized fare to include any processing 13 fees imposed on the payment of such surcharge, and must require that any 14 meter or other instrument used in any for-hire vehicle regulated by it 15 to calculate fares be adjusted to include the surcharge and any attend- 16 ant fees where authorized. Any processing fees charged to passengers 17 shall also be separately stated on any receipt provided to passengers. 18 § 2. Paragraph 1 of subdivision (b) of section 1299-b of the tax law, 19 as added by section 2 of part NNN of chapter 59 of the laws of 2018, is 20 amended to read as follows: 21 (1) The surcharge imposed by this article must be passed along to 22 passengers and separately stated on any receipt that is provided to such 23 passengers, and may include, if permitted by the regulatory agency, any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03673-01-3S. 1847 2 1 processing fees resulting from a credit card or other non-cash payment 2 option selected by such passenger. The passing along of such surcharge 3 shall not be construed by any court or administrative body as the impo- 4 sition of the surcharge on the person or entity that pays for the for- 5 hire transportation trip. All regulatory agencies must adjust any fares 6 that are authorized by them to include the surcharge imposed by this 7 article, and may adjust such authorized fare to include any processing 8 fees imposed on the payment of such surcharge, and must require that any 9 meter or other instrument used in any for-hire vehicle regulated by it 10 to calculate fares be adjusted to include the surcharge and any attend- 11 ant fees where authorized. Any processing fees charged to passengers 12 shall also be separately stated on any receipt provided to passengers. 13 § 3. (a) For purposes of this section, the term "surcharge" shall 14 mean: 15 (i) the taxicab improvement surcharge, the rush hour surcharge and the 16 nighttime surcharge imposed on taxicab fares pursuant to section 58-26 17 of the rules of the city of New York; and 18 (ii) any other surcharge imposed on taxicab or other for-hire trans- 19 portation fares which is not specifically set forth in section 1283 or 20 1299-b of the tax law, or in paragraph (i) of this subdivision. 21 (b) Notwithstanding any law, rule or regulation to the contrary, any 22 surcharge imposed upon a taxicab or for-hire transportation fare must be 23 passed along to passengers and separately stated on any receipt that is 24 provided to such passengers, and may include, if permitted by the 25 authorizing regulatory agency, any processing fees resulting from a 26 credit card or other non-cash payment option selected by such passenger. 27 The passing along of any such surcharge shall not be construed by any 28 court or administrative body as the imposition of any such surcharge on 29 the person or entity that pays for the taxicab or for-hire transporta- 30 tion trip. All regulatory agencies must adjust any fares that are 31 authorized by them to include any surcharges imposed by the state or any 32 other governmental body, and may adjust such authorized fare to include 33 any processing fees imposed on the payment of such surcharge or 34 surcharges, and must require that any meter or other instrument used in 35 any taxicab or for-hire vehicle regulated by it to calculate fares be 36 adjusted to include such surcharge or surcharges and any attendant fees 37 where authorized. Any processing fees charged to passengers shall also 38 be separately stated on any receipt provided to passengers. 39 § 4. This act shall take effect on the ninetieth day after it shall 40 have become a law.
