Bill Text: NY S05918 | 2019-2020 | General Assembly | Amended


Bill Title: Requires medallion agents to manage payments of the congestion surcharge.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2019-06-20 - returned to senate [S05918 Detail]

Download: New_York-2019-S05918-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5918--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment  Operations  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to amend the tax law, in relation to requiring medallion agents
          to manage payments of the congestion surcharge

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

     1    Section  1. Subdivision (a) of section 1299-b of the tax law, as added
     2  by section 2 of part NNN of chapter 59 of the laws of 2018,  is  amended
     3  to read as follows:
     4    (a)  Notwithstanding  any provision of law to the contrary, any person
     5  that dispatches a motor vehicle by any means that  provides  transporta-
     6  tion  that  is subject to a surcharge imposed by this article, including
     7  transportation network companies as defined in article  forty-four-B  of
     8  the  vehicle  and traffic law, shall be liable for the surcharge imposed
     9  by this article, except that in the case of taxicab trips and HAIL vehi-
    10  cle trips that are also subject to tax pursuant to article twenty-nine-A
    11  of this chapter, only the taxicab owner or HAIL base liable for that tax
    12  shall be the person liable for the surcharge imposed  by  this  article,
    13  except  where  agents  licensed by the taxi and limousine commission are
    14  authorized on behalf of medallion owners to manage the medallions and/or
    15  make payments of the surcharge as laid out in article  twenty-nine-A  of
    16  this  chapter,  such  agents are solely liable for making these payments
    17  absent a good faith dispute of the amount owed. Where agents licensed by
    18  the taxi and limousine commission are authorized on behalf of  medallion
    19  owners to manage the medallions and/or make payments of the metropolitan
    20  transportation  authority  improvement  zone  surcharge  such agents are
    21  entitled to make batch  payments  of  all  medallions  managed  with  an
    22  accounting  of each medallion trip represented in the batch payment. For
    23  purposes of this section,  the  terms  "taxicab  trips,"  "HAIL  vehicle
    24  trips,"  "taxicab owner," and "HAIL base" shall have the same meaning as
    25  they do in section twelve hundred eighty of this chapter.
    26    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11814-03-9
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