S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10669
 
                           I N  A S S E M B L Y
 
                               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:

   Section 1. Section 1292 of the tax law, as added by section 18 of part
 AAA of chapter 59 of the laws of 2017, is amended to read as follows:
   § 1292. Imposition. (A) There is hereby imposed on every TNC  a  state
 assessment  fee  of  4%  of the gross trip fare of every TNC prearranged
 trip provided by such TNC that originates anywhere in the state  outside
 the city and terminates anywhere in this state.
   (B)(1)  ANY TNC DRIVER AUTHORIZED TO DRIVE IN THE CITY SHALL PAY A PER
 DAY LICENSING FEE FOR EACH TNC DIGITAL NETWORK, AS DEFINED  BY  SUBDIVI-
 SION  TWO OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND TRAF-
 FIC LAW, THAT SUCH TNC DRIVER ACCESSES FOR PURPOSES  OF  SOLICITING  ANY
 PREARRANGED  TRIPS.  SUCH LICENSING FEE SHALL BE TEN DOLLARS PER DAY PER
 TNC DIGITAL NETWORK ACCESSED, AND SHALL BE VALID FOR A TWENTY-FOUR  HOUR
 PERIOD,  WHICH  SHALL  BEGIN  WHEN A TNC DIGITAL NETWORK IS ACCESSED FOR
 PURPOSES OF SOLICITING ANY PREARRANGED TRIPS.   IN  NO  CASE  SHALL  THE
 LICENSING FEE IMPOSED BY THIS SUBDIVISION BE PASSED ALONG TO PASSENGERS.
   (2)  THE LICENSING FEE COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE
 REMITTED TO  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  FINANCE  FUND
 ESTABLISHED  BY  SECTION TWELVE HUNDRED SEVENTY-H OF THE PUBLIC AUTHORI-
 TIES LAW, BY A TNC ON A QUARTERLY BASIS.
   (3) ANY TNC WHO FAILS TO COLLECT AND/OR REMIT THE LICENSING FEE PURSU-
 ANT TO THIS SUBDIVISION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT  MORE
 THAN  ONE  THOUSAND DOLLARS FOR EACH VIOLATION, WHICH SHALL BE RECOVERED
 IN A CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL.
   § 2. Section 1298 of the tax law, as added by section 18 of  part  AAA
 of chapter 59 of the laws of 2017, is amended to read as follows:
   §  1298.  Deposit  and  disposition  of  revenue. (A) All taxes, fees,
 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
 
 this  article  shall  be  deposited  and  disposed  of  pursuant  to the
 provisions of section one hundred seventy-one-a of this chapter.
   (B)  NOTWITHSTANDING  SUBDIVISION  (A)  OF THIS SECTION, THE LICENSING
 FEES COLLECTED PURSUANT TO SUBDIVISION (B)  OF  SECTION  TWELVE  HUNDRED
 NINETY-TWO  OF THIS ARTICLE SHALL BE REMITTED TO THE METROPOLITAN TRANS-
 PORTATION AUTHORITY FINANCE FUND ESTABLISHED BY SECTION  TWELVE  HUNDRED
 SEVENTY-H OF THE PUBLIC AUTHORITIES LAW.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.