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A05398 Summary:

BILL NOA05398
 
SAME ASNo Same As
 
SPONSORBrabenec
 
COSPNSR
 
MLTSPNSR
 
Rpld Art 17-C, amd §§401 & 503, V & T L
 
Relates to the collection of supplemental vehicle registration fees for New York City registrants.
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A05398 Actions:

BILL NOA05398
 
03/10/2023referred to transportation
01/03/2024referred to transportation
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A05398 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5398
 
SPONSOR: Brabenec
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the collection of supplemental vehicle registration, learners permits and drivers license fees for New York City registrants and operators; to amend the state finance law, in relation to the metropolitan transporta- tion authority financial assistance fund; and to repeal article 17-C of the vehicle and traffic law relating to the metropolitan commuter trans- portation district supplemental registration fee   PURPOSE OR GENERAL IDEA OF BILL: To repeal the supplemental registration and learner's permit/driver's license fees imposed in the entire 12-county MTA region and make them instead applicable only to vehicles and drivers in New York City.   SUMMARY OF PROVISIONS: Section 1 of the bill repeals Article 17-C of the Vehicle and Traffic Law (VTL). Section 2 of the bill adds a new subdivision 22 to Section 401 of the VTL to provide for the collection only in New York City of the $25 per year supplemental registration fee previously applicable in the entire Metropolitan Commuter Transportation District (MCTD). This fee is still required to be deposited in the Metropolitan Transportation Authority (MTA) Aid Trust Account of the MTA Financial. Assistance Fund. Section 3 of the bill amends paragraph (h-1) of subdivision 2 of Section 503 of the Vehicle and Traffic Law to delete references to the applicability of the supplemental learner's permit/driver license fee in the MCTD and make it only applicable in New York City. This fee is still required to be deposited in the Metropolitan Transportation Authority (MTA) Aid Trust Account of the MTA Financial Assistance Fund. Section 4 of the bill amends paragraph (c-3) of subdivision 2 of Section 503 of the VTL to make minor changes with respect to renewals of driver's licenses in New York City. Section 5 of the bill makes conforming changes to subdivision 3 and paragraph (a) of subdivision 6 of Section 92-ff of the State Finance Law. Section 6 of the bill is the effective date.   JUSTIFICATION: In 2009, the Legislature enacted various measures to provide additional financial assistance to the MTA, collectively and colloquially known as the MTA Bailout. Among these terribly burdensome actions was the imposi- tion of supplemental fees for vehicle registrations. learner's permits, and driver's licenses on nearly all registrants and vehicle operators in the 12-county MTA region. These fees are in addition to the increased fees applicable statewide (that were adopted as part of the 2009-10 State Budget). Motor vehicle owners and operators in the MTA region are thus paying higher fees in order to drive, which for many such residents is a necessity not an option, Indeed, for millions of residents in the . MTA region the service provided by the MTA is not one for which they have the slightest need, and yet they are paying dearly for others to have that privilege. The one glaring exception is New York City, where even vehicle owners and operators frequently use the myriad services provided by the MTA. Thus, it is only right that such residents pay higher fees while relieving those who have no need for this costly service from the obligation to pay for it.   PRIOR LEGISLATIVE HISTORY: 05/21/19 held for consideration in transportation 01/08/20 referred to transportation   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to State and local government but creates a budget shortfall for the MTA.   EFFECTIVE DATE: Immediately.
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A05398 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5398
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2023
                                       ___________
 
        Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
          tee on Transportation
 
        AN  ACT  to  amend  the  vehicle  and  traffic  law,  in relation to the
          collection of supplemental vehicle registration, learners permits  and
          drivers  license  fees for New York City registrants and operators; to
          amend the state finance law, in relation to the metropolitan transpor-
          tation authority financial assistance fund; and to repeal article 17-C
          of the vehicle and traffic law relating to the  metropolitan  commuter
          transportation district supplemental registration fee
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 17-C of the vehicle and traffic law is REPEALED.
     2    § 2. Section 401 of the vehicle and traffic law is amended by adding a
     3  new subdivision 24 to read as follows:
     4    24. Collection of supplemental fee for New York City  registrants.  a.
     5  All  registrants  of  motor  vehicles who reside in the city of New York
     6  shall pay to the commissioner or his or her agent a supplemental  regis-
     7  tration fee of twenty-five dollars per annum for each year or portion of
     8  a  year  that such registration is valid upon registration or renewal of
     9  motor vehicles subject to registration fees pursuant  to  the  following
    10  provisions: paragraph a of subdivision six of this section; schedules A,
    11  B, C, E, F, G, I and K of subdivision seven of this section; paragraph a
    12  of subdivision eight of this section; paragraph a of subdivision five of
    13  section  four  hundred  ten  of  this  title;  and  section four hundred
    14  eleven-b of this title.
    15    b. The commissioner shall deposit daily all  funds  derived  from  the
    16  collection  of  the supplemental fee established pursuant to paragraph a
    17  of this subdivision with such responsible banks, banking houses or trust
    18  companies as may be designated by the state comptroller, to  the  credit
    19  of  the  comptroller.  On  or  before the twelfth day of each month, the
    20  commissioner shall certify to the comptroller the amount of all revenues
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08898-01-3

        A. 5398                             2
 
     1  received pursuant to this article during the prior month as a result  of
     2  the supplemental fee imposed, including any interest and penalties ther-
     3  eon.  The  revenues  so  certified shall be deposited by the state comp-
     4  troller  in  the metropolitan transportation authority aid trust account
     5  of the metropolitan transportation authority financial  assistance  fund
     6  established  pursuant  to section ninety-two-ff of the state finance law
     7  for deposit, subject to appropriation, in the  corporate  transportation
     8  account  of the metropolitan transportation authority special assistance
     9  fund established by section  twelve  hundred  seventy-a  of  the  public
    10  authorities  law, to be applied as provided in paragraph (e) of subdivi-
    11  sion four of such section. Any money collected pursuant to this  section
    12  that  is deposited by the comptroller in the metropolitan transportation
    13  authority aid trust account of the metropolitan transportation authority
    14  financial assistance fund shall be held in such fund free and  clear  of
    15  any  claim  by any person or entity paying an additional fee pursuant to
    16  this section, including, without limiting the generality of the  forego-
    17  ing, any right or claim against the metropolitan transportation authori-
    18  ty, any of its bondholders, or any subsidiary or affiliate of the metro-
    19  politan transportation authority.
    20    §  3.  Paragraph  (b-1) of subdivision 2 of section 503 of the vehicle
    21  and traffic law, as amended by section 1 of part FF of chapter 58 of the
    22  laws of 2019, is amended to read as follows:
    23    (b-1) Supplemental learner permit/license  fee  in  the  [metropolitan
    24  commuter transportation district] city of New York.  (i) Upon passage of
    25  the  knowledge  test required to obtain a learner's permit, an applicant
    26  for a driver's license who resides in the [metropolitan commuter  trans-
    27  portation  district]  city of New York established by section [one thou-
    28  sand two hundred sixty-two]  twelve  hundred  sixty-two  of  the  public
    29  authorities  law  shall  be  required  to  pay a supplemental fee of one
    30  dollar for each six months or portion thereof of the period of  validity
    31  of  a  learner's permit or license which is or may be issued pursuant to
    32  the provisions of subparagraph (i) or (ii)  of  paragraph  (b)  of  this
    33  subdivision.
    34    (ii) The commissioner shall deposit daily all funds collected pursuant
    35  to subparagraph (i) of this paragraph with such responsible banks, bank-
    36  ing  houses  or  trust companies as may be designated by the state comp-
    37  troller, in trust for the  credit  of  the  metropolitan  transportation
    38  authority.  An account may be established in one or more of such deposi-
    39  tories. Such deposits shall be kept separate and apart  from  all  other
    40  money in the possession of the comptroller. On or before the twelfth day
    41  of  each  month,  the  commissioner shall certify to the comptroller the
    42  amount of all revenues received pursuant to  subparagraph  (i)  of  this
    43  paragraph  during  the  prior  month as a result of the supplemental fee
    44  imposed, including any interest and penalties thereon.  The revenues  so
    45  certified over the prior three months in total shall be paid over by the
    46  fifteenth  day  of  the  last  month  of each calendar quarter from such
    47  account,  without  appropriation,  into  the  corporate   transportation
    48  account  of the metropolitan transportation authority special assistance
    49  fund established by section  twelve  hundred  seventy-a  of  the  public
    50  authorities  law, to be applied as provided in paragraph (e) of subdivi-
    51  sion four of such section. Any money collected pursuant to this  section
    52  that  is  deposited  by  the comptroller in the corporate transportation
    53  account of the metropolitan transportation authority special  assistance
    54  fund  shall  be  held  in  such  fund free and clear of any claim by any
    55  person or entity paying an additional  fee  pursuant  to  this  section,
    56  including,  without  limiting the generality of the foregoing, any right

        A. 5398                             3
 
     1  or claim against the metropolitan transportation authority, any  of  its
     2  bondholders,  or  any subsidiary or affiliate of the metropolitan trans-
     3  portation authority.
     4    §  4.  Paragraph  (c-3) of subdivision 2 of section 503 of the vehicle
     5  and traffic law, as amended by section 1 of part FF of chapter 58 of the
     6  laws of 2019, is amended to read as follows:
     7    (c-3) (i) Supplemental  renewal  fee  in  the  [metropolitan  commuter
     8  transportation  district]  city  of  New York.   In addition to the fees
     9  required to be paid pursuant to paragraph (c)  of  this  subdivision,  a
    10  supplemental fee of one dollar for each six months or portion thereof of
    11  the  validity of the license shall be paid for renewal of a license of a
    12  person  who  resides  in  the  [metropolitan   commuter   transportation
    13  district]  city  of  New  York  established by section [one thousand two
    14  hundred sixty-two] twelve hundred sixty-two of  the  public  authorities
    15  law issued by the commissioner.
    16    (ii) The commissioner shall deposit daily all funds collected pursuant
    17  to  this  paragraph with such responsible banks, banking houses or trust
    18  companies as may be designated by the state comptroller,  in  trust  for
    19  the  credit of the metropolitan transportation authority. An account may
    20  be established in one or more of such depositories. Such deposits  shall
    21  be kept separate and apart from all other money in the possession of the
    22  comptroller. On or before the twelfth day of each month, the commission-
    23  er  shall certify to the comptroller the amount of all revenues received
    24  pursuant to this paragraph during the prior month as  a  result  of  the
    25  supplemental fees imposed, including any interest and penalties thereon.
    26  The  revenues so certified over the prior three months in total shall be
    27  paid over by the fifteenth day of the last month of each calendar  quar-
    28  ter  from such account, without appropriation, into the corporate trans-
    29  portation account of the metropolitan transportation  authority  special
    30  assistance  fund  established by section twelve hundred seventy-a of the
    31  public authorities law, to be applied as provided in  paragraph  (e)  of
    32  subdivision  four  of such section. Any money collected pursuant to this
    33  section that is deposited by the comptroller in the corporate  transpor-
    34  tation  account  of  the  metropolitan  transportation authority special
    35  assistance fund shall be held in such fund free and clear of  any  claim
    36  by  any  person  or  entity  paying  an  additional fee pursuant to this
    37  section, including, without limiting the generality  of  the  foregoing,
    38  any  right  or  claim against the metropolitan transportation authority,
    39  any of its bondholders, or any subsidiary or affiliate of the  metropol-
    40  itan transportation authority.
    41    § 5. This act shall take effect immediately.
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