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

                                  3275

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by M. of A. RABBITT -- 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:

  Section 1. Article 17-C of the vehicle and traffic law is REPEALED.
  S 2. Section 401 of the vehicle and traffic law is amended by adding a
new subdivision 22 to read as follows:
  22.  COLLECTION OF SUPPLEMENTAL FEE FOR NEW YORK CITY REGISTRANTS. (A)
ALL REGISTRANTS OF MOTOR VEHICLES WHO RESIDE IN THE  CITY  OF  NEW  YORK
SHALL  PAY TO THE COMMISSIONER OR HIS OR HER AGENT A SUPPLEMENTAL REGIS-
TRATION FEE OF TWENTY-FIVE DOLLARS PER ANNUM FOR EACH YEAR OR PORTION OF
A YEAR THAT SUCH REGISTRATION IS VALID UPON REGISTRATION OR  RENEWAL  OF
MOTOR  VEHICLES  SUBJECT  TO REGISTRATION FEES PURSUANT TO THE FOLLOWING
PROVISIONS: PARAGRAPH A OF SUBDIVISION SIX OF THIS SECTION; SCHEDULES A,
B, C, E, F, G, I AND K OF SUBDIVISION SEVEN OF THIS SECTION; PARAGRAPH A
OF SUBDIVISION EIGHT OF THIS SECTION; PARAGRAPH A OF SUBDIVISION FIVE OF
SECTION FOUR HUNDRED  TEN  OF  THIS  TITLE;  AND  SECTION  FOUR  HUNDRED
ELEVEN-B OF THIS TITLE.
  (B)  THE  COMMISSIONER  SHALL DEPOSIT DAILY ALL FUNDS DERIVED FROM THE
COLLECTION OF THE SUPPLEMENTAL FEE ESTABLISHED PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST
COMPANIES AS MAY BE DESIGNATED BY THE STATE COMPTROLLER, TO  THE  CREDIT
OF  THE  COMPTROLLER.  ON  OR  BEFORE THE TWELFTH DAY OF EACH MONTH, THE
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.
                                                           LBD05229-01-3
              

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RECEIVED PURSUANT TO THIS ARTICLE DURING THE PRIOR MONTH AS A RESULT  OF
THE SUPPLEMENTAL FEE IMPOSED, INCLUDING ANY INTEREST AND PENALTIES THER-
EON.  THE  REVENUES  SO  CERTIFIED SHALL BE DEPOSITED BY THE STATE COMP-
TROLLER  IN  THE METROPOLITAN TRANSPORTATION AUTHORITY AID TRUST ACCOUNT
OF THE METROPOLITAN TRANSPORTATION AUTHORITY FINANCIAL  ASSISTANCE  FUND
ESTABLISHED  PURSUANT  TO SECTION NINETY-TWO-FF OF THE STATE FINANCE LAW
FOR DEPOSIT, SUBJECT TO APPROPRIATION, IN THE  CORPORATE  TRANSPORTATION
ACCOUNT  OF THE METROPOLITAN TRANSPORTATION AUTHORITY SPECIAL ASSISTANCE
FUND ESTABLISHED BY SECTION  TWELVE  HUNDRED  SEVENTY-A  OF  THE  PUBLIC
AUTHORITIES  LAW, TO BE APPLIED AS PROVIDED IN PARAGRAPH (E) OF SUBDIVI-
SION FOUR OF SUCH SECTION. ANY MONEY COLLECTED PURSUANT TO THIS  SECTION
THAT  IS DEPOSITED BY THE COMPTROLLER IN THE METROPOLITAN TRANSPORTATION
AUTHORITY AID TRUST ACCOUNT OF THE METROPOLITAN TRANSPORTATION AUTHORITY
FINANCIAL ASSISTANCE FUND SHALL BE HELD IN SUCH FUND FREE AND  CLEAR  OF
ANY  CLAIM  BY ANY PERSON OR ENTITY PAYING AN ADDITIONAL FEE PURSUANT TO
THIS SECTION, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE  FOREGO-
ING, ANY RIGHT OR CLAIM AGAINST THE METROPOLITAN TRANSPORTATION AUTHORI-
TY, ANY OF ITS BONDHOLDERS, OR ANY SUBSIDIARY OR AFFILIATE OF THE METRO-
POLITAN TRANSPORTATION AUTHORITY.
  S  3.  Paragraph  (b-1) of subdivision 2 of section 503 of the vehicle
and traffic law, as added by section 1 of part A of chapter  25  of  the
laws of 2009, is amended to read as follows:
  (b-1)  Supplemental  learner  permit/license  fee in the [metropolitan
commuter transportation district] CITY OF NEW YORK.  (i) Upon passage of
the knowledge test required to obtain a learner's permit,  an  applicant
for  a driver's license who resides in the [metropolitan commuter trans-
portation district] CITY OF NEW YORK established by section  [one  thou-
sand  two  hundred  sixty-two]  TWELVE  HUNDRED  SIXTY-TWO of the public
authorities law shall be required to  pay  a  supplemental  fee  of  one
dollar  for each six months or portion thereof of the period of validity
of a learner's permit or license which is or may be issued  pursuant  to
the  provisions  of  subparagraph  (i)  or (ii) of paragraph (b) of this
subdivision.
  (ii) The commissioner shall deposit daily all funds collected pursuant
to subparagraph (i) of this paragraph with such responsible banks, bank-
ing houses or trust companies as may be designated by  the  state  comp-
troller,  to the credit of the comptroller. On or before the twelfth day
of each month, the commissioner shall certify  to  the  comptroller  the
amount  of  all  revenues  received pursuant to subparagraph (i) of this
paragraph during the prior month as a result  of  the  supplemental  fee
imposed,  including  any interest and penalties thereon. The revenues so
certified shall be deposited by the state comptroller in  the  metropol-
itan  transportation  authority  aid  trust  account of the metropolitan
transportation authority financial assistance fund established  pursuant
to  section  ninety-two-ff of the state finance law for deposit, subject
to appropriation, in the corporate transportation account of the  metro-
politan  transportation authority special assistance fund established by
section twelve hundred seventy-a of the public authorities  law,  to  be
applied  as  provided  in  paragraph  (e)  of  subdivision  four of such
section. Any money collected pursuant to this section that is  deposited
by  the  comptroller  in  the  metropolitan transportation authority aid
trust account of the  metropolitan  transportation  authority  financial
assistance  fund  shall be held in such fund free and clear of any claim
by any person or entity  paying  an  additional  fee  pursuant  to  this
section,  including,  without  limiting the generality of the foregoing,
any right or claim against the  metropolitan  transportation  authority,

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any  of its bondholders, or any subsidiary or affiliate of the metropol-
itan transportation authority.
  S  4.  Paragraph  (c-3) of subdivision 2 of section 503 of the vehicle
and traffic law, as added by section 2 of part A of chapter  25  of  the
laws of 2009, is amended to read as follows:
  (c-3)  (i)  Supplemental  renewal  fee  in  the [metropolitan commuter
transportation district] CITY OF NEW YORK.   In  addition  to  the  fees
required  to  be  paid  pursuant to paragraph (c) of this subdivision, a
supplemental fee of one dollar for each six months or portion thereof of
the validity of the license shall be paid for renewal of a license of  a
person   who   resides  in  the  [metropolitan  commuter  transportation
district] CITY OF NEW YORK established  by  section  [one  thousand  two
hundred  sixty-two]  TWELVE  HUNDRED SIXTY-TWO of the public authorities
law issued by the commissioner.
  (ii) The commissioner shall deposit daily all funds collected pursuant
to this paragraph with such responsible banks, banking houses  or  trust
companies  as  may be designated by the state comptroller, to the credit
of the comptroller. On or before the twelfth  day  of  each  month,  the
commissioner shall certify to the comptroller the amount of all revenues
received  pursuant  to this paragraph during the prior month as a result
of the supplemental fees imposed, including any interest  and  penalties
thereon. The revenues so certified shall be deposited by the state comp-
troller  in  the metropolitan transportation authority aid trust account
of the metropolitan transportation authority financial  assistance  fund
established  pursuant  to section ninety-two-ff of the state finance law
for deposit, subject to appropriation, in the  corporate  transportation
account  of the metropolitan transportation authority special assistance
fund established by section  twelve  hundred  seventy-a  of  the  public
authorities  law, to be applied as provided in paragraph (e) of subdivi-
sion four of such section. Any money collected pursuant to this  section
that  is deposited by the comptroller in the metropolitan transportation
authority aid trust account of the metropolitan transportation authority
financial assistance fund shall be held in such fund free and  clear  of
any  claim  by any person or entity paying an additional fee pursuant to
this section, including, without limiting the generality of the  forego-
ing, any right or claim against the metropolitan transportation authori-
ty, any of its bondholders, or any subsidiary or affiliate of the metro-
politan transportation authority.
  S 5. Subdivision 3 and paragraph (a) of subdivision 6 of section 92-ff
of  the state finance law, as added by section 1 of part G of chapter 25
of the laws of 2009, are amended to read as follows:
  3. Such fund shall consist of all moneys collected [therefore]  THERE-
FOR  or  credited or transferred thereto from any other fund, account or
source, including, without limitation, the  revenues  derived  from  the
metropolitan  commuter  transportation  mobility  tax imposed by article
twenty-three of the tax law; revenues derived from the  special  supple-
mental  tax  on  passenger car rentals imposed by section eleven hundred
sixty-six-a of the tax law; revenues  derived  from  the  transportation
surcharge  imposed  by article twenty-nine-A of the tax law; the supple-
mental registration fees imposed by  [article  seventeen-C]  SUBDIVISION
TWENTY-TWO  OF  SECTION FOUR HUNDRED ONE of the vehicle and traffic law;
and the supplemental  [metropolitan  commuter  transportation  district]
CITY  OF  NEW YORK license fees imposed by PARAGRAPHS (B-1) AND (C-3) OF
SUBDIVISION TWO OF section five hundred three of the vehicle and traffic
law. Any interest received by the comptroller on moneys  on  deposit  in

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the  metropolitan  transportation  authority  financial  assistance fund
shall be retained in and become a part of such fund.
  (a)  The  "metropolitan  transportation  authority  aid trust account"
shall consist of revenues required to be deposited therein  pursuant  to
the  provisions  of  section  eleven hundred sixty-six-a of the tax law;
article twenty-nine-A of the tax law; [article seventeen-C of the  vehi-
cle and traffic law;] and SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED
ONE  AND  PARAGRAPHS  (B-1) AND (C-3) OF SUBDIVISION TWO OF section five
hundred three of the vehicle and traffic law, and all other moneys cred-
ited or transferred thereto from any other fund or  source  pursuant  to
law.
  S 6. This act shall take effect immediately.