Senate Bill S319A

2015-2016 Legislative Session

Relates to the definition of the metropolitan commuter transportation district for the purposes of the metropolitan commuter transportation mobility tax

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2016	print number 319a
Feb 08, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Jan 07, 2015	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2015-S319 - Details

See Assembly Version of this Bill:: A92
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §800, Tax L; amd §1266, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6311, A8635
2011-2012: S2871, A4170
2013-2014: S1772, A1217
2017-2018: S1624, A964
2019-2020: S3495, A5188
2021-2022: S5169, A5809
2023-2024: S2253, A4318
2025-2026: S3263

2015-S319 - Summary

Relates to the definition of the metropolitan commuter transportation district for the purposes of the metropolitan commuter transportation mobility tax; requires the metropolitan transportation authority to renegotiate the joint service operating agreement with the state of Connecticut.

2015-S319 - Sponsor Memo

                                 BILL NUMBER:  S319

 TITLE OF BILL :  An act to amend the tax law, in relation to the
definition of the metropolitan commuter transportation district for
the purposes of the metropolitan commuter transportation mobility tax;
and to amend the public authorities law, in relation to requiring the
metropolitan transportation authority to renegotiate the joint service
operating agreement with the state of Connecticut

 PURPOSE :  This legislation would exempt all employers within the
towns of Brookhaven, East Hampton, Riverhead, Shelter Island,
Southampton and Southold in Suffolk County from the Metropolitan
Transportation Authority's payroll tax as implemented by Chapter 25 of
the Laws of 2009.

 SUMMARY OF PROVISIONS :

Section 1. Legislative finds. The town of Brookhaven, East Hampton,
Riverhead, Shelter Island, Southold and Southampton in the County of
Suffolk already pay substantial taxes and mortgage recording taxes to
the MTA for the minimal mass transit services they receive. As such,
the aforementioned towns should be exempt from the newly Metropolitan
commuter Transportation mobility tax.

Section 2. Amends subdivision (a) of section 800 of the tax law, as
added by Section 1 of part C of Chapter 25 of the Laws of 2009 to

exclude the town of Brookhaven, East Hampton, Riverhead, Shelter
Island, Southampton and Southold in Suffolk County from the
Metropolitan Commuter Transportation District.

Section 3. Amends Section 1266 of the public authorities law by adding
a new subdivision 19 requiring the renegotiation of the joint service
agreement between the MTA and the state of Connecticut relating to the
operation of the Metro-North New Haven line and reducing its services
and expenses by March 31, 2016.

Section 4. Provides for an immediate effective date of this act.

 JUSTIFICATION :  Chapter 25 of the Laws of 2009 implements various
supplemental fees and taxes for the 12 county Metropolitan Commuter
Transportation District (MCTD) in an effort to financially bailout the
MTA. Provisions of this package include a 0.34% payroll tax for all
employers in MCTD, which includes the town of Brookhaven and the towns
which comprise the Peconic Bay Region located on the east end of Long
Island (East Hampton, Riverhead, Shelter Island, Southampton and
Southold). The Peconic Bay Region alone has a population of
approximately 140,000 and represents 1.1% of the MCTD.

This measure will surely have a devastating effect on every local
employer located within the Peconic Bay Region and the town of
Brookhaven. This new expense will ultimately have to be passed along
by those employers through higher prices and increased property taxes.
Residents of these areas already heavily subsidize the MTA through
increased fares, additional sales tax and a mortgage recording tax. In
return for these onerous taxes and fees, they receive minimal services
from the MTA. In fact, the Volpe Study on improved rail/bus service
estimates that the east end pays $40 to $60 million more for services
than what is received from the MTA on an annual basis. Despite the
fact that this area does not have the same level of New York City
commuters, they pay the same as those who benefit from ample services.

This legislation further provides for the renegotiation of the joint
service agreement between the MTA and the State of Connecticut related
to the operation of the Metro North New Haven line. The monies saved
by reducing services and expenses related to the Metro North new Haven
lien by an amount which produces recurring savings to the MTA would
help to offset the cost of exempting the towns of Brookhaven, East
Hampton, Riverhead, Shelter Island, Southold and Southampton from this
tax.

It is necessary to avoid any further inequitable taxation on those
town undeserved by the MTA which comprise the Peconic Bay Region and
the town of Brookhaven. Therefore, enactment of this legislation is
necessary to exempt these areas from the MTA's employer payroll tax.

 LEGISLATIVE HISTORY :  2013-14 S.1772A/A.1217A; 2011-12 S.2871; 2010
S.6311A.8635B

 FISCAL IMPLICATIONS : To be determined.

 EFFECTIVE DATE : Immediately.

2015-S319 - Bill Text download pdf

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

    S. 319                                                     A. 92

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations

IN ASSEMBLY -- Introduced by M. of A. THIELE, ENGLEBRIGHT --  read  once
  and referred to the Committee on Ways and Means

AN ACT to amend the tax law, in relation to the definition of the metro-
  politan  commuter  transportation  district  for  the  purposes of the
  metropolitan commuter transportation mobility tax; and  to  amend  the
  public  authorities  law,  in  relation  to requiring the metropolitan
  transportation authority to renegotiate the  joint  service  operating
  agreement with the state of Connecticut

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

  Section 1. Legislative findings. Pursuant to chapter 25 of the laws of
2009, the legislature did enact the metropolitan mobility tax within the
twelve  county  region  constituting  the  metropolitan   transportation
district.  The  legislature hereby finds that the residents of the towns
of Brookhaven, East Hampton, Riverhead,  Shelter  Island,  Southold  and
Southampton  in  the  county  of  Suffolk  receive  minimal mass transit
services from the metropolitan transportation authority. Further,  these
towns  already  pay  substantial  taxes  to  the  MTA  for these minimal
services, including increased sales taxes and mortgage recording  taxes.
It  has  been estimated these six towns contribute more than $60 million
annually to the MTA than they receive back in service.
  In the interest of tax fairness and to avoid such additional inequita-
ble taxation on these towns, it is the purpose of  this  act  to  exempt
such  towns  from the newly adopted metropolitan commuter transportation
mobility tax.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00734-01-5

S. 319                              2                              A. 92

  S 2. Subsection (a) of section 800 of the tax law, as added by section
1 of part C of chapter 25 of the laws of 2009, is  amended  to  read  as
follows:
  (a)  Metropolitan  commuter  transportation district. The metropolitan
commuter transportation district ("MCTD") means the area  of  the  state
included  in the district created and governed by section twelve hundred
sixty-two of the public authorities law, EXCEPT THAT FOR THE PURPOSES OF
THIS ARTICLE, THE TOWNS OF BROOKHAVEN, EAST HAMPTON, RIVERHEAD,  SHELTER
ISLAND,  SOUTHAMPTON  AND  SOUTHOLD  IN SUFFOLK COUNTY SHALL BE EXCLUDED
FROM THE DISTRICT FOR THE PURPOSES OF  THIS  ARTICLE  AND  ANY  REVENUES
PREVIOUSLY  COLLECTED  FROM WITHIN THESE COUNTIES SHALL BE REIMBURSED TO
EACH PAYOR BY MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  S 3.  Section 1266 of the public authorities law is amended by  adding
a new subdivision 19 to read as follows:
  19.  THE  AUTHORITY  IS  REQUIRED  BY MARCH THIRTY-FIRST, TWO THOUSAND
SIXTEEN TO:
  (A) RENEGOTIATE THE JOINT SERVICE AGREEMENT BETWEEN THE AUTHORITY  AND
THE STATE OF CONNECTICUT RELATED TO THE OPERATION OF THE METRO-NORTH NEW
HAVEN  LINE  TO  (I)  REQUIRE  CONNECTICUT  TO  SET  NEW HAVEN LINE FARE
INCREASES AT LEVELS NECESSARY TO SUSTAIN EQUIVALENT FARE LEVELS  BETWEEN
NEW  YORK  STATE  RESIDENTS RIDING THE METRO-NORTH COMMUTER RAILROAD AND
CONNECTICUT RESIDENTS RIDING THE  METRO-NORTH  COMMUTER  RAILROAD,  (II)
REQUIRE  THAT  CONNECTICUT  OPERATING  DEFICIT SUBSIDY PAYMENTS SHALL BE
BASED ON CONNECTICUT RESIDENT UTILIZATION OF  THE  METRO-NORTH  COMMUTER
RAILROAD AND CONNECTICUT RESIDENT UTILIZATION OF THE NEW YORK CITY TRAN-
SIT  AUTHORITY  WITH  SUCH SUBSIDIES TO BE DETERMINED BY MULTIPLYING THE
CONNECTICUT RESIDENT UTILIZATION PERCENTAGES FOR THE METRO-NORTH  COMMU-
TER  RAILROAD  AND THE NEW YORK CITY TRANSIT AUTHORITY BY THE RESPECTIVE
BASELINE OPERATING DEFICIT OF THESE OPERATING ENTITIES PRIOR TO  SUBSIDY
ADJUSTMENTS AND PRIOR TO INCREASED REVENUES PROVIDED TO THE AUTHORITY BY
NEW  YORK STATE RESIDENTS PURSUANT TO PAYMENTS MANDATED BY CHAPTER TWEN-
TY-FIVE OF THE LAWS OF TWO THOUSAND NINE, AND (III) PROVIDE FOR RETROAC-
TIVE LUMP SUM PAYMENTS DUE FROM THE  STATE  OF  CONNECTICUT  RELATED  TO
CALENDAR YEAR TWO THOUSAND NINE; OR
  (B)  REDUCE SERVICES AND EXPENSES RELATED TO THE METRO-NORTH NEW HAVEN
LINE OPERATION BY AN AMOUNT WHICH  PRODUCES  RECURRING  SAVINGS  TO  THE
AUTHORITY  WHICH ARE EQUIVALENT TO THE INCREASED JOINT SERVICE AGREEMENT
PAYMENTS WHICH WOULD BE DETERMINED UNDER PARAGRAPH (A) OF THIS  SUBDIVI-
SION.
  S 4. This act shall take effect immediately.

2015-S319A (ACTIVE) - Details

See Assembly Version of this Bill:: A92
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §800, Tax L; amd §1266, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6311, A8635
2011-2012: S2871, A4170
2013-2014: S1772, A1217
2017-2018: S1624, A964
2019-2020: S3495, A5188
2021-2022: S5169, A5809
2023-2024: S2253, A4318
2025-2026: S3263

2015-S319A (ACTIVE) - Summary

2015-S319A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S319A

 TITLE OF BILL :  An act to amend the tax law, in relation to the
definition of the metropolitan commuter transportation district for
the purposes of the metropolitan commuter transportation mobility tax;
and to amend the public authorities law, in relation to requiring the
metropolitan transportation authority to renegotiate the joint service
operating agreement with the state of Connecticut

 PURPOSE :

This legislation would exempt all employers within the towns of
Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton and
Southold in Suffolk County from the Metropolitan Transportation
Authority's payroll tax as implemented by Chapter 25 of the Laws of
2009.

 SUMMARY OF PROVISIONS :

Section 1. Legislative finds. The town of Brookhaven, East Hampton,
Riverhead, Shelter Island, Southold and Southampton in the County of
Suffolk already pay substantial taxes and mortgage recording taxes to
the MTA for the minimal mass transit services they receive. As such,
the aforementioned towns should be exempt from the newly Metropolitan
commuter Transportation mobility tax.

Section 2. Amends subdivision(A) of section 800 of the tax law, as
added by Section 1 of part C of Chapter 25 of the Laws of 2009 to
exclude the town of Brookhaven, East Hampton, Riverhead, Shelter
Island, Southampton and Southold in Suffolk County from the
Metropolitan Commuter Transportation District.

Section 3. Amends Section 1266 of the public authorities law by adding
a new subdivision 19 requiring the renegotiation of the joint service
agreement between the MTA and the state of Connecticut relating to the
operation of the Metro-North New Haven line and reducing its services
and expenses by March 31, 2017.

Section 4. Provides for an immediate effective date of this act.

 JUSTIFICATION :

Chapter 25 of the Laws of 2009 implements various supplemental fees
and taxes for the 12 county Metropolitan Commuter Transportation
District (MCTD) in an effort to financially bailout the MTA.
Provisions of this package include a 0.34% payroll tax for all
employers in MCTD, which includes the town of Brookhaven and the towns
which comprise the Peconic Bay Region located on the east end of Long
Island (East Hampton, Riverhead, Shelter Island, Southampton and
Southold). The Peconic Bay Region alone has a population of
approximately 140,000 and represents 1.1% of the MCTD.

This measure will surely have a devastating effect on every local
employer located within the Peconic Bay Region and the town of
Brookhaven. This new expense will ultimately have to be passed along
by those employers through higher prices and increased property taxes.
Residents of these areas already heavily subsidize the MTA through
increased fares, additional sales tax and a mortgage recording tax. In
return for these onerous taxes and fees, they receive minimal services
from the MTA. In fact, the Volpe Study on improved rail/bus service
estimates that the east end pays $40 to $60 million more for services
than what is received from the MTA on an annual basis. Despite the
fact that this area does not have the same level of New York City
commuters, they pay the same as those who benefit from ample services.


This legislation further provides for the renegotiation of the joint
service agreement between the MTA and the State of Connecticut related
to the operation of the Metro North New Haven line. The monies saved
by reducing services and expenses related to the Metro North new Haven
lien by an amount which produces recurring savings to the MTA would
help to offset the cost of exempting the towns of Brookhaven, East
Hampton, Riverhead, Shelter Island, Southold and Southampton from this
tax.

It is necessary to avoid any further inequitable taxation on those
town undeserved by the MTA which comprise the Peconic Bay Region and
the town of Brookhaven. Therefore, enactment of this legislation is
necessary to exempt these areas from the MTA's employer payroll tax.

 LEGISLATIVE HISTORY :

2013-14 S.1772A/A.1217A;
2011-12 S.2871;
2010 S.6311/A.8635B

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
Immediately.

2015-S319A (ACTIVE) - Bill Text download pdf

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

    S. 319--A                                               A. 92--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations -- recommitted to the  Committee  on
  Investigations  and  Government  Operations  in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, ENGLEBRIGHT -- Multi-Spon-
  sored by -- M. of A. MURRAY -- read once and referred to the Committee
  on Ways and Means -- recommitted to the Committee on Ways and Means in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the tax law, in relation to the definition of the metro-
  politan  commuter  transportation  district  for  the  purposes of the
  metropolitan commuter transportation mobility tax; and  to  amend  the
  public  authorities  law,  in  relation  to requiring the metropolitan
  transportation authority to renegotiate the  joint  service  operating
  agreement with the state of Connecticut

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

  Section 1. Legislative findings. Pursuant to chapter 25 of the laws of
2009, the legislature did enact the metropolitan mobility tax within the
twelve  county  region  constituting  the  metropolitan   transportation
district.  The  legislature hereby finds that the residents of the towns
of Brookhaven, East Hampton, Riverhead,  Shelter  Island,  Southold  and
Southampton  in  the  county  of  Suffolk  receive  minimal mass transit
services from the metropolitan transportation authority. Further,  these
towns  already  pay  substantial  taxes  to  the  MTA  for these minimal
services, including increased sales taxes and mortgage recording  taxes.

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

                                                           LBD00734-02-6

S. 319--A                           2                           A. 92--A

It  has  been estimated these six towns contribute more than $60 million
annually to the MTA than they receive back in service.
  In the interest of tax fairness and to avoid such additional inequita-
ble  taxation  on  these  towns, it is the purpose of this act to exempt
such towns from the newly adopted metropolitan  commuter  transportation
mobility tax.
  S 2. Subsection (a) of section 800 of the tax law, as added by section
1  of  part  C  of chapter 25 of the laws of 2009, is amended to read as
follows:
  (a) Metropolitan commuter transportation  district.  The  metropolitan
commuter  transportation  district  ("MCTD") means the area of the state
included in the district created and governed by section twelve  hundred
sixty-two of the public authorities law, EXCEPT THAT FOR THE PURPOSES OF
THIS  ARTICLE, THE TOWNS OF BROOKHAVEN, EAST HAMPTON, RIVERHEAD, SHELTER
ISLAND, SOUTHAMPTON AND SOUTHOLD IN SUFFOLK  COUNTY  SHALL  BE  EXCLUDED
FROM  THE  DISTRICT  FOR  THE  PURPOSES OF THIS ARTICLE AND ANY REVENUES
PREVIOUSLY COLLECTED FROM WITHIN THESE COUNTIES SHALL BE  REIMBURSED  TO
EACH PAYOR BY MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
  S  3.  Section 1266 of the public authorities law is amended by adding
a new subdivision 19 to read as follows:
  19. THE AUTHORITY IS REQUIRED  BY  MARCH  THIRTY-FIRST,  TWO  THOUSAND
SEVENTEEN TO:
  (A)  RENEGOTIATE THE JOINT SERVICE AGREEMENT BETWEEN THE AUTHORITY AND
THE STATE OF CONNECTICUT RELATED TO THE OPERATION OF THE METRO-NORTH NEW
HAVEN LINE TO (I)  REQUIRE  CONNECTICUT  TO  SET  NEW  HAVEN  LINE  FARE
INCREASES  AT LEVELS NECESSARY TO SUSTAIN EQUIVALENT FARE LEVELS BETWEEN
NEW YORK STATE RESIDENTS RIDING THE METRO-NORTH  COMMUTER  RAILROAD  AND
CONNECTICUT  RESIDENTS  RIDING  THE  METRO-NORTH COMMUTER RAILROAD, (II)
REQUIRE THAT CONNECTICUT OPERATING DEFICIT  SUBSIDY  PAYMENTS  SHALL  BE
BASED  ON  CONNECTICUT  RESIDENT UTILIZATION OF THE METRO-NORTH COMMUTER
RAILROAD AND CONNECTICUT RESIDENT UTILIZATION OF THE NEW YORK CITY TRAN-
SIT AUTHORITY WITH SUCH SUBSIDIES TO BE DETERMINED  BY  MULTIPLYING  THE
CONNECTICUT  RESIDENT UTILIZATION PERCENTAGES FOR THE METRO-NORTH COMMU-
TER RAILROAD AND THE NEW YORK CITY TRANSIT AUTHORITY BY  THE  RESPECTIVE
BASELINE  OPERATING DEFICIT OF THESE OPERATING ENTITIES PRIOR TO SUBSIDY
ADJUSTMENTS AND PRIOR TO INCREASED REVENUES PROVIDED TO THE AUTHORITY BY
NEW YORK STATE RESIDENTS PURSUANT TO PAYMENTS MANDATED BY CHAPTER  TWEN-
TY-FIVE OF THE LAWS OF TWO THOUSAND NINE, AND (III) PROVIDE FOR RETROAC-
TIVE  LUMP  SUM  PAYMENTS  DUE  FROM THE STATE OF CONNECTICUT RELATED TO
CALENDAR YEAR TWO THOUSAND NINE; OR
  (B) REDUCE SERVICES AND EXPENSES RELATED TO THE METRO-NORTH NEW  HAVEN
LINE  OPERATION  BY  AN  AMOUNT  WHICH PRODUCES RECURRING SAVINGS TO THE
AUTHORITY WHICH ARE EQUIVALENT TO THE INCREASED JOINT SERVICE  AGREEMENT
PAYMENTS  WHICH WOULD BE DETERMINED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION.
  S 4. This act shall take effect immediately.

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Senate Bill S319A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2015-S319 - Details

2015-S319 - Summary

2015-S319 - Sponsor Memo

2015-S319 - Bill Text download pdf

2015-S319A (ACTIVE) - Details

2015-S319A (ACTIVE) - Summary

2015-S319A (ACTIVE) - Sponsor Memo

2015-S319A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

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Senate Bill S319A

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2015-S319 - Details

2015-S319 - Summary

2015-S319 - Sponsor Memo

2015-S319 - Bill Text download pdf

2015-S319A (ACTIVE) - Details

2015-S319A (ACTIVE) - Summary

2015-S319A (ACTIVE) - Sponsor Memo

2015-S319A (ACTIVE) - Bill Text download pdf

Comments