Establishes a daily $10 licensing fee on transportation network company drivers 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.
STATE OF NEW YORK
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10669
IN ASSEMBLY
May 10, 2018
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee 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.
24 § 2. Section 1298 of the tax law, as added by section 18 of part AAA
25 of chapter 59 of the laws of 2017, is amended to read as follows:
26 § 1298. Deposit and disposition of revenue. (a) All taxes, fees,
27 interest and penalties collected or received by the commissioner under
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15663-04-8
A. 10669 2
1 this article shall be deposited and disposed of pursuant to the
2 provisions of section one hundred seventy-one-a of this chapter.
3 (b) Notwithstanding subdivision (a) of this section, the licensing
4 fees collected pursuant to subdivision (b) of section twelve hundred
5 ninety-two of this article shall be remitted to the metropolitan trans-
6 portation authority finance fund established by section twelve hundred
7 seventy-h of the public authorities law.
8 § 3. This act shall take effect on the thirtieth day after it shall
9 have become a law.