Senate Bill S5854

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5854

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 24, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the tax law, in relation to the tax on taxicab rides  in
  a  city  of  one  million or more located in the metropolitan commuter
  transportation district; and to amend a chapter of the  laws  of  2011
  relating  to  livery  permits, as proposed in legislative bill numbers
  S.5825 and A.8496, in relation to the effectiveness of such chapter

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 1280 of the tax law, as added by section 1 of part
E of chapter 25 of the laws of 2009, subdivisions (d), (e), (f) and  (h)
as  amended and subdivisions (i), (j), (k), (l), (m) and (n) as added by
section 2 part V of chapter 57 of the laws of 2010, is amended  to  read
as follows:
  S  1280.  Definitions.  When  used  in  this article, unless otherwise
expressly stated, the following words and terms shall have the following
meanings:
  (a) "Person"  means  an  individual,  partnership,  limited  liability
company, society, association, joint stock company, corporation, estate,
receiver,  trustee,  assignee,  referee  or any other person acting in a
fiduciary or representative capacity, whether appointed by  a  court  or
otherwise,  any  combination of individuals, and any other form of unin-
corporated enterprise owned or conducted by two or more persons.
  (b) "MCTD" means the  metropolitan  commuter  transportation  district
established  by  section twelve hundred sixty-two of the public authori-
ties law.
  (c) "City" means a city of a million or more located in the MCTD.
  (d) "Taxicab" means a motor vehicle  licensed  by  the  TLC  to  carry
passengers  for  hire  and  authorized  to accept hails from prospective
passengers in the street.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13237-01-1

              

S. 5854                             2

  (e) "Taxicab trip" means a  taxicab  trip  provided  to  one  or  more
passengers regardless of the number of stops, WHICH RESULTS FROM ACCEPT-
ANCE  OF  A STREET HAIL AND for which the taximeter is required to be in
the recording or hired position.
  (f)  "Taxicab  owner" or "owner" means a person licensed by the TLC to
own and operate a medallion taxicab, INCLUDING,  FOR  PURPOSES  OF  THIS
ARTICLE,  A  VEHICLE  WITH A HAIL PRIVILEGE VEHICLE PERMIT ISSUED BY THE
TLC PURSUANT TO SECTION THREE OF A CHAPTER OF THE LAWS OF  TWO  THOUSAND
ELEVEN  RELATING  TO LIVERY PERMITS IN THE CITY OF NEW YORK, AS PROPOSED
IN LEGISLATIVE BILLS NUMBERS S.5825 AND A.8496.
  (g) "Passenger" means an individual seated in a taxicab for travel for
hire to a given destination.
  (h) "Taximeter" means an instrument or device approved by the  TLC  by
which  the charge to a passenger for hire of a licensed taxicab is auto-
matically calculated and on which such charge is plainly indicated.
  (i) "TLC" means the taxi and limousine commission of the city.
  (j) "Agent" means a person that  acts,  by  employment,  contract,  or
otherwise, on behalf of one or more taxicab owners to operate or provide
for the operation of a licensed medallion taxicab in accordance with the
TLC's rules. "Agent" shall not include an attorney or representative who
appears  on behalf of one or more owners before the TLC, the TLC hearing
tribunal, the commissioner, or  the  New  York  state  division  of  tax
appeals,  and taxicab drivers licensed pursuant to chapter five of title
nineteen of the administrative code of the city of New York when  acting
in that capacity.
  (k)  "Medallion"  means  a  plate  issued  by  the TLC as the physical
evidence of a taxicab license, and affixed to the outside of such  taxi-
cab,  OR,  FOR PURPOSES OF THIS ARTICLE, A HAIL PRIVILEGE VEHICLE PERMIT
ISSUED BY THE TLC PURSUANT TO SECTION THREE OF A CHAPTER OF THE LAWS  OF
TWO  THOUSAND ELEVEN RELATING TO LIVERY PERMITS IN THE CITY OF NEW YORK,
AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.5825 AND A.8496.
  (l) "Taxicab license" means the authority granted by  the  TLC  to  an
owner  to operate a designated vehicle as a taxicab in the city, INCLUD-
ING, FOR PURPOSES OF THIS  ARTICLE,  A  HAIL  PRIVILEGE  VEHICLE  PERMIT
ISSUED  BY THE TLC PURSUANT TO SECTION THREE OF A CHAPTER OF THE LAWS OF
TWO THOUSAND ELEVEN RELATING TO LIVERY PERMITS IN THE CITY OF NEW  YORK,
AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.5825 AND A.8496.
  (m)  "Trip  record," also known as a trip sheet or trip log, means the
written, computerized, automated or electronic accounting of  a  taxicab
ride.  The  trip  data  to  be transmitted or recorded shall include the
taxicab license number (medallion number); the taxicab driver's  license
number;  the  location  of trip initiation; the time of trip initiation;
the number of passengers; the location of trip termination; the time  of
trip  termination;  the  itemized  metered  fare  for  the  trip (tolls,
surcharge, and tip if paid by credit or debit card); the distance of the
trip, the trip number, the  method  of  payment,  the  total  number  of
passengers,  as well as such other information as may be required by the
TLC.
  (n) "Medallion taxicab" means a taxicab to which a medallion has  been
affixed  in  accordance  with  applicable  law  and  regulations OR, FOR
PURPOSES OF THIS ARTICLE, A VEHICLE TO WHICH A  HAIL  PRIVILEGE  VEHICLE
PERMIT  HAS  BEEN  ISSUED  PURSUANT TO SECTION THREE OF A CHAPTER OF THE
LAWS OF TWO THOUSAND ELEVEN RELATING TO LIVERY PERMITS IN  THE  CITY  OF
NEW YORK, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.5825 AND A.8496.

S. 5854                             3

  S  2.  Section  6  of a chapter of the laws of 2011 relating to livery
permits in the city of  New  York,  as  proposed  in  legislative  bills
numbers S.5825 and A.8496 is amended to read as follows:
  S  6. This act shall take effect immediately, EXCEPT THAT SECTIONS TWO
THROUGH FIVE OF THIS ACT SHALL TAKE EFFECT JANUARY 15, 2012.
  S 3. This act shall take effect immediately.