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.