S T A T E O F N E W Y O R K
________________________________________________________________________
6680
2017-2018 Regular Sessions
I N S E N A T E
June 12, 2017
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general municipal law, in relation to the local
regulation of transportation network companies in the county of
Nassau; to amend the tax law, in relation to imposing a fifty cent per
TNC prearranged trip in Nassau 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 182 of the general municipal law, as added by
section 14 of part AAA of chapter 59 of the laws of 2017, is amended to
read as follows:
§ 182. Local regulation of transportation network companies. 1. Every
county, EXCEPT THE COUNTY OF NASSAU, and any city with a population of
one hundred thousand or more as of the last decennial census, may
prohibit the pick-up of any person by a transportation network company
as defined by article forty-four-B of the vehicle and traffic law within
their geographic boundaries pursuant to the enactment of a local law or
ordinance, except that any county that contains a city with a population
of one hundred thousand or more as of the last decennial census shall
only be authorized to prohibit the pick-up of any person by a transpor-
tation network company as defined by article forty-four-B of the vehicle
and traffic law outside of the geographic boundaries of such city.
2. Any county or city that enacts a local law or ordinance pursuant to
this section or repeals such local law or ordinance shall notify the
department of motor vehicles. Such department shall maintain on its
public website a list of all counties and cities that have enacted a
local law or ordinance pursuant to this section and shall remove from
such list any county or city that repeals such local law or ordinance.
3. This section shall not apply to a city with a population of one
million or more.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13175-01-7
S. 6680 2
§ 2. 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 THE COUNTY OF NASSAU
AND TERMINATES ANYWHERE IN THE STATE.
§ 3. 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-
TWO OF THIS ARTICLE SHALL BE DEPOSITED AND DISPOSED OF PURSUANT TO
SECTION EIGHTY-NINE-I OF THE STATE FINANCE LAW.
§ 4. 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.
§ 5. 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.