STATE OF NEW YORK
________________________________________________________________________
7341
2021-2022 Regular Sessions
IN ASSEMBLY
May 5, 2021
___________
Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
tee on Ways and Means
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
24 processing fees resulting from a credit card or other non-cash payment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08595-01-1
A. 7341 2
1 option selected by such passenger. The passing along of such surcharge
2 shall not be construed by any court or administrative body as the impo-
3 sition of the surcharge on the person or entity that pays for the for-
4 hire transportation trip. All regulatory agencies must adjust any fares
5 that are authorized by them to include the surcharge imposed by this
6 article, and may adjust such authorized fare to include any processing
7 fees imposed on the payment of such surcharge, and must require that any
8 meter or other instrument used in any for-hire vehicle regulated by it
9 to calculate fares be adjusted to include the surcharge and any attend-
10 ant fees where authorized. Any processing fees charged to passengers
11 shall also be separately stated on any receipt provided to passengers.
12 § 3. (a) For purposes of this section, the term "surcharge" shall
13 mean:
14 (i) the taxicab improvement surcharge, the rush hour surcharge and the
15 nighttime surcharge imposed on taxicab fares pursuant to section 58-26
16 of the rules of the city of New York; and
17 (ii) any other surcharge imposed on taxicab or other for-hire trans-
18 portation fares which is not specifically set forth in section 1283 or
19 1299-b of the tax law, or in paragraph (i) of this subdivision.
20 (b) Notwithstanding any law, rule or regulation to the contrary, any
21 surcharge imposed upon a taxicab or for-hire transportation fare must be
22 passed along to passengers and separately stated on any receipt that is
23 provided to such passengers, and may include, if permitted by the
24 authorizing regulatory agency, any processing fees resulting from a
25 credit card or other non-cash payment option selected by such passenger.
26 The passing along of any such surcharge shall not be construed by any
27 court or administrative body as the imposition of any such surcharge on
28 the person or entity that pays for the taxicab or for-hire transporta-
29 tion trip. All regulatory agencies must adjust any fares that are
30 authorized by them to include any surcharges imposed by the state or any
31 other governmental body, and may adjust such authorized fare to include
32 any processing fees imposed on the payment of such surcharge or
33 surcharges, and must require that any meter or other instrument used in
34 any taxicab or for-hire vehicle regulated by it to calculate fares be
35 adjusted to include such surcharge or surcharges and any attendant fees
36 where authorized. Any processing fees charged to passengers shall also
37 be separately stated on any receipt provided to passengers.
38 § 4. This act shall take effect on the ninetieth day after it shall
39 have become a law.
