S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8418--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 14, 2017
                                ___________
 
 Introduced  by  M. of A. LAVINE, RAMOS, D'URSO -- read once and referred
   to the Committee on Ways  and  Means  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the tax law, in relation to imposing a  fifty  cent  per
   TNC  prearranged  trip  in  a  certain  county; and to amend the state
   finance law, in relation to establishing the NICE  transit  assistance
   fund
 
   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)  IN  ADDITION  TO  ANY OTHER TAX, FEE OR SURCHARGE IMPOSED BY THIS
 CHAPTER OR OTHER LAW, THERE IS HEREBY IMPOSED ON EVERY TNC AN ASSESSMENT
 FEE OF FIFTY CENTS PER TNC PREARRANGED TRIP  ON  EVERY  TNC  PREARRANGED
 TRIP  PROVIDED BY OR THROUGH IT THAT ORIGINATES IN A COUNTY WITH A POPU-
 LATION OF BETWEEN ONE MILLION AND ONE MILLION FOUR HUNDRED  THOUSAND  AS
 OF THE LAST DECENNIAL CENSUS AND TERMINATES ANYWHERE IN THE STATE.
   §  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
 SUBSECTION (A) OF SECTION TWELVE  HUNDRED  NINETY-TWO  OF  this  article
 shall be deposited and disposed of pursuant to the provisions of section
 one hundred seventy-one-a of this chapter.
   (B)  ALL  TAXES, FEES, INTEREST AND PENALTIES COLLECTED OR RECEIVED BY
 THE COMMISSIONER UNDER SUBSECTION (B) OF SECTION TWELVE HUNDRED  NINETY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13175-12-7

 A. 8418--A                          2
 
 TWO  OF  THIS  ARTICLE  SHALL  BE  DEPOSITED AND DISPOSED OF PURSUANT TO
 SECTION EIGHTY-NINE-I OF THE STATE FINANCE LAW.
   §  3. The state finance law is amended by adding a new section 89-i to
 read as follows:
   § 89-I. NICE TRANSIT ASSISTANCE FUND.  1. THERE IS HEREBY  ESTABLISHED
 IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
 TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "NICE TRANSIT  ASSISTANCE
 FUND".  MONIES  IN  THE NICE TRANSIT ASSISTANCE FUND SHALL BE KEPT SEPA-
 RATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY  OTHER  MONEYS  IN  THE
 JOINT  OR  SOLE  CUSTODY OF THE STATE COMPTROLLER OR THE COMMISSIONER OF
 TAXATION AND FINANCE.
   2. THE NICE TRANSIT ASSISTANCE FUND SHALL CONSIST OF MONIES  COLLECTED
 THEREFORE  OR  CREDITED  OR  TRANSFERRED  THERETO  FROM  ANY OTHER FUND,
 ACCOUNT, OR SOURCE, INCLUDING A PORTION OF  THE  REVENUES  DERIVED  FROM
 ARTICLE  TWENTY-NINE-B  OF  THE  TAX  LAW  PURSUANT TO SUBSECTION (B) OF
 SECTION TWELVE  HUNDRED  NINETY-EIGHT  OF  THE  TAX  LAW.  ANY  INTEREST
 RECEIVED  BY  THE  COMPTROLLER  ON MONIES ON DEPOSIT IN THE NICE TRANSIT
 ASSISTANCE FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
   3. MONIES IN THE NICE TRANSIT ASSISTANCE FUND SHALL, FOLLOWING  APPRO-
 PRIATION  BY  THE LEGISLATURE, BE DISTRIBUTED TO THE COUNTY OF NASSAU OR
 ITS SUB-GRANTEES FOR THE OPERATING EXPENSES THEREOF INCURRED FOR  PUBLIC
 TRANSPORTATION  SERVICES AND SHALL ONLY BE USED TO FUND PUBLIC TRANSPOR-
 TATION SYSTEMS  ELIGIBLE  TO  RECEIVE  OPERATING  ASSISTANCE  UNDER  THE
 PROVISIONS OF SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW.
   4.  ALL  PAYMENTS OF MONEY FROM THE NICE TRANSIT ASSISTANCE FUND SHALL
 BE MADE ON THE AUDIT AND WARRANT OF THE COMPTROLLER.
   § 4. This act shall take effect on the  same  date  and  in  the  same
 manner as part AAA of chapter 59 of the laws of 2017, takes effect.