NY State Senate Bill S6830B

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2018	print number 6830b
Feb 12, 2018	amend (t) and recommit to transportation
Jan 03, 2018	referred to transportation
Jun 28, 2017	print number 6830a
Jun 28, 2017	amend (t) and recommit to rules
Jun 27, 2017	referred to rules

Bill Amendments

Original

B (Active)

Original

B (Active)

S6830 - Details

See Assembly Version of this Bill:: A8956
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1205 & 2799-hh, add §1270-i, Pub Auth L; add §1304-E, amd §§1310 & 1313, Tax L; add §11-1704.2, amd §11-1706, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3246, A2743
2021-2022: S1194, A4434
2023-2024: S602, A4474

S6830 - Summary

Authorizes the city of New York to impose a personal income surcharge on high income residents to fund transit improvements and reduced fares for low income residents.

S6830 - Sponsor Memo

 BILL NUMBER:  S6830

 TITLE OF BILL :

An act to amend the public authorities law, in relation to providing
for the appointment of an emergency manager for the metropolitan
transportation authority, and providing for his or her powers and
duties; to amend the tax law, in relation to establishing personal
income tax rates and a tax table benefit recapture for taxpayers who
reside in the metropolitan commuter transportation district and
establishing a metropolitan transportation authority hotel unit fee in
the city of New York; to direct the comptroller to transfer moneys in
the general fund to the MTA financial assistance fund; and providing
for the repeal of certain provisions upon expiration thereof

 PURPOSE :

This bill would provide the necessary revenue and oversight to rechart
the course of the MTA to improve reliability and safety.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 2 amends the public authorities law, adding a new section
1263-a to create the position of emergency manager for the MTA,
requiring confirmation of both houses of the legislature and the
submission of a turnaround plan for the MTA

Sections 3, 4, and 5 establish personal income tax rate increases for
millionaires in the mctd region

Section 6 establishes the tax table benefit recapture for the mctd

Sections 7, 8, 9, and 10 establishes a hotel unit fee surcharge for
rooms in New York City with revenue dedicated to the MTA

Section 11 directs the comptroller to deposit proceeds from the
personal income tax increase in to the MTA financial assistance fund

 JUSTIFICATION :

Commuters in the New York City metro area are fed up. Due to constant
problems with the various components of the MTA, commuters are, at
best, a few minutes late for work, and at worst, trapped in tunnels
for hours on-end. The MTA is simply not addressing the critical issues
facing commuters.

Bold action is needed both in the funding and management of the MTA.
The Emergency Manager will develop a plan to ensure that the MTA is
focusing on critical needs of the system, prioritizing the projects
that improve on-time performance, reliability and safety.
Additionally, the MTA spends a large portion of its budget on debt
service for projects completed decades ago. This legislation provides
two new dedicated revenue streams to get the MTA on more solid fiscal
ground as it implements a turnaround plan over a 3-year period. This
will ensure that not only will the MTA have the money to take action,
and ensure long term financial stability.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

More than $2 billion in new revenue for the MTA

 EFFECTIVE DATE :
Immediately, provided that sections 7, 8,9 and 10 shall take effect
January 1, 2018 and sections 1, 2, 7, 8, 9 and 10 will sunset January
1, 2021.

S6830 - Bill Text download pdf


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

                                  6830

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 27, 2017
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public authorities law, in relation to providing for
  the appointment of an emergency manager for the metropolitan transpor-
  tation authority, and providing for his or her powers and  duties;  to
  amend  the  tax  law,  in relation to establishing personal income tax
  rates and a tax table benefit recapture for taxpayers  who  reside  in
  the  metropolitan  commuter transportation district and establishing a
  metropolitan transportation authority hotel unit fee in  the  city  of
  New  York; to direct the comptroller to transfer moneys in the general
  fund to the MTA financial  assistance  fund;  and  providing  for  the
  repeal of certain provisions upon expiration thereof

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "better trains, better cities act of 2017".
  §  2.  The  public  authorities law is amended by adding a new section
1263-a to read as follows:
  § 1263-A. EMERGENCY MANAGER. 1. THERE IS HEREBY ESTABLISHED THE OFFICE
OF EMERGENCY MANAGER OF THE AUTHORITY. SUCH MANAGER  SHALL  OVERSEE  THE
AUTHORITY,  AND  IMPLEMENT THE PLAN ESTABLISHED BY THE EMERGENCY MANAGER
SUBMITTED TO EACH HOUSE OF THE LEGISLATURE  DURING  THE  COURSE  OF  THE
CONFIRMATION OF THE EMERGENCY MANAGER.
  2.  THE  EMERGENCY  MANAGER OF THE AUTHORITY SHALL BE APPOINTED BY THE
GOVERNOR, SUBJECT TO SEPARATE CONFIRMATION BY EACH OF THE HOUSES OF  THE
LEGISLATURE. SUCH CONFIRMATIONS SHALL BE COMPLETED WITHIN NINETY DAYS OF
THE  EFFECTIVE  DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT UPON NOMI-
NATION BY THE GOVERNOR, EACH NOMINEE FOR EMERGENCY MANAGER SHALL DEVELOP
AND SUBMIT TO THE LEGISLATURE, PRIOR TO HIS OR HER CONFIRMATION, A  PLAN
OUTLINING  HOW  THE  NOMINEE,  IF  CONFIRMED,  WILL  EXPEDITE REPAIRS TO
AUTHORITY FACILITIES AND EQUIPMENT,  EXPAND  CAPACITY,  AND  ENSURE  THE

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

                                                           LBD13277-03-7

S. 6830                             2

RELIABILITY AND SAFETY OF THE AUTHORITY FACILITIES AND EQUIPMENT AND THE
SERVICES PROVIDED THEREBY. NO NOMINEE SHALL BE CONFIRMED UNTIL SUCH PLAN
SHALL HAVE BEEN RECEIVED AND REVIEWED BY EACH HOUSE OF THE LEGISLATURE.
  3. THE EMERGENCY MANAGER SHALL HAVE ALL THE POWERS OF THE BOARD OF THE
AUTHORITY  AS  THEY RELATE TO EXPEDITING REPAIRS TO AUTHORITY FACILITIES
AND EQUIPMENT, EXPANDING CAPACITY, AND ENSURING RELIABILITY  AND  SAFETY
OF THE AUTHORITY FACILITIES AND EQUIPMENT AND SERVICES PROVIDED THEREBY,
AND SHALL IMPLEMENT THE PLAN HE OR SHE SUBMITTED TO THE LEGISLATURE. THE
EMERGENCY  MANAGER'S AUTHORITY TO IMPLEMENT HIS OR HER PLAN SHALL SUPER-
SEDE THE AUTHORITY OF THE BOARD OF  THE  AUTHORITY,  UNLESS  SUCH  BOARD
SHALL  BY  A  VOTE  OF  TEN  VOTING MEMBERS THEREOF OVERRIDES A SPECIFIC
ACTION OF THE EMERGENCY MANAGER.
  § 3. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection (a) of section 601 of the tax law, as added by section  1  of
part  R  of  chapter  59  of  the  laws  of 2017, are amended to read as
follows:
  (i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable
                                      income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
                                      $17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
                                      $23,600
Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
                                      $27,900
Over $43,000 but not over $161,550    $2,093 plus 6.33% of excess over
                                      $43,000
Over $161,550 but not over $323,200   $9,597 plus 6.57% of excess over
                                      $161,550
Over $323,200 but not over $2,155,350 $20,218 plus 6.85% of excess over
                                      $323,200
Over $2,155,350                       $145,720 plus 8.82% of excess over
                                      $2,155,350
  2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN  COMMUTER  TRANS-
PORTATION  DISTRICT  CREATED  AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $17,150                      4% OF THE NEW YORK TAXABLE
                                      INCOME
OVER $17,150 BUT NOT OVER $23,600     $686 PLUS 4.5% OF EXCESS OVER
                                      $17,150
OVER $23,600 BUT NOT OVER $27,900     $976 PLUS 5.25% OF EXCESS OVER
                                      $23,600
OVER $27,900 BUT NOT OVER $43,000     $1,202 PLUS 5.9% OF EXCESS OVER
                                      $27,900
OVER $43,000 BUT NOT OVER $161,550    $2,093 PLUS 6.21% OF EXCESS OVER
                                      $43,000
OVER $161,550 BUT NOT OVER $323,200   $9,597 PLUS 6.57% OF EXCESS OVER
                                      $161,550
OVER $323,200 BUT NOT OVER            $20,218 PLUS 6.85% OF EXCESS OVER
$2,000,000                            $323,200

S. 6830                             3

OVER $2,000,000 BUT NOT OVER          $135,079 PLUS 8.98% OF EXCESS
$6,000,000                            OVER $2,000,000
OVER $6,000,000 BUT NOT OVER          $494,279 PLUS 9.08% OF EXCESS
$11,000,000                           OVER $6,000,000
OVER $11,000,000                      $948,279 PLUS 9.28% OF EXCESS
                                      OVER $11,000,000
  (ii)  For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
Not over $17,150                      4% of the New York taxable
                                      income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
                                      $17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
                                      $23,600
Over $43,000 but not over $161,550    $2,093 plus 6.21% of excess over
                                      $43,000
Over $161,550 but not over $323,200   $9,455 plus 6.49% of excess over
                                      $161,550
Over $323,200 but not over            $19,946 plus 6.85% of excess over
$2,155,350                            $323,200
Over $2,155,350                       $145,448 plus 8.82% of excess over
                                      $2,155,350
  2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN  COMMUTER  TRANS-
PORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT  TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
NOT OVER $17,150                      4% OF THE NEW YORK TAXABLE
                                      INCOME
OVER $17,150 BUT NOT OVER $23,600     $686 PLUS 4.5% OF EXCESS OVER
                                      $17,150
OVER $23,600 BUT NOT OVER $27,900     $976 PLUS 5.25% OF EXCESS OVER
                                      $23,600
OVER $27,900 BUT NOT OVER $43,000     $1,202 PLUS 5.9% OF EXCESS OVER
                                      $27,900
OVER $43,000 BUT NOT OVER $161,550    $2,093 PLUS 6.21% OF EXCESS OVER
                                      $43,000
OVER $161,550 BUT NOT OVER $323,200   $9,455 PLUS 6.49% OF EXCESS OVER
                                      $161,550
OVER $323,200 BUT NOT OVER $2,000,000 $19,946 PLUS 6.85% OF EXCESS OVER
                                      $323,200
OVER $2,000,000 BUT NOT OVER          $134,807 PLUS 8.98% OF EXCESS
$6,000,000                            OVER 2,000,000
OVER $6,000,000 BUT NOT OVER          $494,007 PLUS 9.08% OF EXCESS
$11,000,000                           OVER $6,000,000
OVER $11,000,000                      $948,000 PLUS 9.28% OVER
                                      $11,000,000
  (iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over

S. 6830                             4

                                      $17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
                                      $23,600
Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
                                      $27,900
Over $43,000 but not over $161,550    $2,093 plus 6.09% of excess over
                                      $43,000
Over $161,550 but not over $323,200   $9,313 plus 6.41% of excess over
                                      $161,550
Over $323,200                         $19,674 plus 6.85% of excess over
                                      $323,200
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $17,150                      4% OF THE NEW YORK TAXABLE INCOME
OVER $17,150 BUT NOT OVER $23,600     $686 PLUS 4.5% OF EXCESS OVER
                                      $17,150
OVER $23,600 BUT NOT OVER $27,900     $976 PLUS 5.25% OF EXCESS OVER
                                      $23,600
OVER $27,900 BUT NOT OVER $43,000     $1,202 PLUS 5.9% OF EXCESS OVER
                                      $27,900
OVER $43,000 BUT NOT OVER $161,550    $2,093 PLUS 6.09% OF EXCESS OVER
                                      $43,000
OVER $161,550 BUT NOT OVER $323,200   $9,313 PLUS 6.41% OF EXCESS OVER
                                      $161,550
OVER $323,200 BUT NOT OVER            $19,674 PLUS 6.85% OF EXCESS OVER
$2,000,000                            $323,200
OVER $2,000,000 BUT NOT OVER          $134,535 PLUS 8.98% OF EXCESS OVER
$6,000,000                            $2,000,000
OVER $6,000,000 BUT NOT OVER          $493,735 PLUS 9.08% OF EXCESS OVER
$11,000,000                           $6,000,000
OVER $11,000,000                      $947,735 PLUS 9.28% OF EXCESS OVER
                                      $11,000,000
  § 4. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection  (b)  of section 601 of the tax law, as added by section 2 of
part R of chapter 59 of the  laws  of  2017,  are  amended  to  read  as
follows:
  (i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
  1.  FOR  TAXPAYERS  WHO  RESIDE  OUTSIDE  OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
                                      $17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650    $1,568 plus 6.33% of excess over
                                      $32,200
Over $107,650 but not over $269,300   $6,344 plus 6.57% of excess over
                                      $107,650
Over $269,300 but not over $1,616,450 $16,964 plus 6.85% of excess over
                                      $269,300
Over $1,616,450                       $109,244 plus 8.82% of excess over

S. 6830                             5

                                      $1,616,450
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  THE  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $12,800                      4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650     $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900     $730 PLUS 5.25% OF EXCESS OVER
                                      $17,650
OVER $20,900 BUT NOT OVER $32,200     $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650    $1,568 PLUS 6.33% OF EXCESS OVER
                                      $32,200
OVER $107,650 BUT NOT OVER $269,300   $6,344 PLUS 6.57% OF EXCESS OVER
                                      $107,650
OVER $269,300 BUT NOT OVER            $16,964 PLUS 6.85% OF EXCESS OVER
$1,605,650                            $269,300
OVER $1,605,650 BUT NOT OVER          $108,504 PLUS 8.98% OF EXCESS OVER
$5,500,000                            $1,605,650
OVER $5,500,000 BUT NOT OVER          $458,217 PLUS 9.08% OF EXCESS OVER
$10,500,000                           $5,500,000
OVER $10,500,000                      $912,217 PLUS 9.28% OF EXCESS OVER
                                      $10,500,000
  (ii)  For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
                                      $17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650    $1,568 plus 6.21% of excess over
                                      $32,200
Over $107,650 but not over $269,300   $6,253 plus 6.49% of excess over
                                      $107,650
Over $269,300 but not over            $16,744 plus 6.85% of excess over
$1,616,450                            $269,300
Over $1,616,450                       $109,024 plus 8.82% of excess over
                                      $1,616,450
  2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN  COMMUTER  TRANS-
PORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT  TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $12,800                      4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650     $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900     $730 PLUS 5.25% OF EXCESS OVER
                                      $17,650
OVER $20,900 BUT NOT OVER $32,200     $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650    $1,568 PLUS 6.21% OF EXCESS OVER
                                      $32,200
OVER $107,650 BUT NOT OVER $269,300   $6,253 PLUS 6.49% OF EXCESS OVER
                                      $107,650
OVER $269,300 BUT NOT OVER            $16,744 PLUS 6.85% OF EXCESS OVER
$1,605,650                            $269,300

S. 6830                             6

OVER $1,605,650 BUT NOT OVER          $108,284 PLUS 8.98% OF EXCESS OVER
$5,500,000                            $1,605,650
OVER $5,500,000 BUT NOT OVER          $457,997 PLUS 9.08% OF EXCESS OVER
$10,500,000                           $5,500,000
OVER $10,500,000                      $911,997 PLUS 9.28% OF EXCESS OVER
                                      $10,500,000
  (iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
  1.  FOR  TAXPAYERS  WHO  RESIDE  OUTSIDE  OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
                                      $17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650    $1,568 plus 6.09% of excess over
                                      $32,200
Over $107,650 but not over $269,300   $6,162 plus 6.41% of excess over
                                      $107,650
Over $269,300                         $16,524 plus 6.85% of excess over
                                      $269,300
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $12,800                      4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650     $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900     $730 PLUS 5.25% OF EXCESS OVER
                                      $17,650
OVER $20,900 BUT NOT OVER $32,200     $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650    $1,568 PLUS 6.09% OF EXCESS OVER
                                      $32,200
OVER $107,650 BUT NOT OVER $269,300   $6,162 PLUS 6.41% OF EXCESS OVER
                                      $107,650
OVER $269,300 BUT NOT OVER            $16,524 PLUS 6.85% OF EXCESS OVER
$1,605,650                            $269,300
OVER $1,605,650 BUT NOT OVER          $108,064 PLUS 8.98% OF EXCESS
$5,500,000                            OVER $1,605,650
OVER $5,500,000 BUT NOT OVER          $457,777 PLUS 9.08% OF EXCESS
$10,500,000                           OVER $5,500,000
OVER $10,500,000                      $911,777 PLUS 9.28% OF EXCESS
                                      OVER $10,500,000
  § 5. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection  (c)  of section 601 of the tax law, as added by section 3 of
part R of chapter 59 of the  laws  of  2017,  are  amended  to  read  as
follows:
  (i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
  1.  FOR  TAXPAYERS  WHO  RESIDE  OUTSIDE  OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over

S. 6830                             7

                                      $8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
                                      $11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
                                      $13,900
Over $21,400 but not over $80,650     $1,042 plus 6.33% of excess over
                                      $21,400
Over $80,650 but not over $215,400    $4,793 plus 6.57% of excess over
                                      $80,650
Over $215,400 but not over $1,077,550 $13,646 plus 6.85% of excess over
                                      $215,400
Over $1,077,550                       $72,703 plus 8.82% of excess over
                                      $1,077,550
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $8,500                       4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700      $340 PLUS 4.5% OF EXCESS OVER
                                      $8,500
OVER $11,700 BUT NOT OVER $13,900     $484 PLUS 5.25% OF EXCESS OVER
                                      $11,700
OVER $13,900 BUT NOT OVER $21,400     $600 PLUS 5.9% OF EXCESS OVER
                                      $13,900
OVER $21,400 BUT NOT OVER $80,650     $1,042 PLUS 6.33% OF EXCESS OVER
                                      $21,400
OVER $80,650 BUT NOT OVER $215,400    $4,793 PLUS 6.57% OF EXCESS OVER
                                      $80,650
OVER $215,400 BUT NOT OVER            $13,646 PLUS 6.85% OF EXCESS OVER
$1,070,350                            $215,400
OVER $1,070,350 BUT NOT OVER          $72,210 PLUS 8.98% OF EXCESS OVER
$5,000,000                            $1,070,350
OVER $5,000,000 BUT NOT OVER          $425,093 PLUS 9.08% OF EXCESS OVER
$10,000,000                           $5,000,000
OVER $10,000,000                      $879,093 PLUS 9.28% OF EXCESS OVER
                                      $10,000,000
  (ii)  For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
                                      $8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
                                      $11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
                                      $13,900
Over $21,400 but not over $80,650     $1,042 plus 6.21% of excess over
                                      $21,400
Over $80,650 but not over $215,400    $4,721 plus 6.49% of excess over
                                      $80,650
Over $215,400 but not over            $13,467 plus 6.85% of excess over
$1,077,550                            $215,400
Over $1,077,550                       $72,524 plus 8.82% of excess over

S. 6830                             8

                                      $1,077,550
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $8,500                       4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700      $340 PLUS 4.5% OF EXCESS OVER
                                      $8,500
OVER $11,700 BUT NOT OVER $13,900     $484 PLUS 5.25% OF EXCESS OVER
                                      $11,700
OVER $13,900 BUT NOT OVER $21,400     $600 PLUS 5.9% OF EXCESS OVER
                                      $13,900
OVER $21,400 BUT NOT OVER $80,650     $1,042 PLUS 6.21% OF EXCESS OVER
                                      $21,400
OVER $80,650 BUT NOT OVER $215,400    $4,721 PLUS 6.49% OF EXCESS OVER
                                      $80,650
OVER $215,400 BUT NOT OVER            $13,467 PLUS 6.85% OF EXCESS OVER
$1,070,350                            $215,400
OVER $1,070,350 BUT NOT OVER          $72,031 PLUS 8.98% OF EXCESS OVER
5,000,000                             $1,070,350
OVER $5,000,000 BUT NOT OVER          $424,914 PLUS 9.08% OF EXCESS OVER
$10,000,000                           $5,000,000
OVER $10,000,000                      $878,914 PLUS 9.28% OF EXCESS OVER
                                      $10,000,000
  (iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
  1.  FOR  TAXPAYERS  WHO  RESIDE  OUTSIDE  OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
                                      $8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
                                      $11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
                                      $13,900
Over $21,400 but not over $80,650     $1,042 plus 6.09% of excess over
                                      $21,400
Over $80,650 but not over $215,400    $4,650 plus 6.41% of excess over
                                      $80,650
Over $215,400                         $13,288 plus 6.85% of excess over
                                      $215,400
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  THE  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $8,500                       4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700      $340 PLUS 4.5% OF EXCESS OVER
                                      $8,500
OVER $11,700 BUT NOT OVER $13,900     $484 PLUS 5.25% OF EXCESS OVER
                                      $11,700
OVER $13,900 BUT NOT OVER $21,400     $600 PLUS 5.9% OF EXCESS OVER
                                      $13,900
OVER $21,400 BUT NOT OVER $80,650     $1,042 PLUS 6.09% OF EXCESS OVER

S. 6830                             9

                                      $21,400
OVER $80,650 BUT NOT OVER $215,400    $4,650 PLUS 6.41% OF EXCESS OVER
                                      $80,650
OVER $215,400 BUT NOT OVER            $13,288 PLUS 6.85% OF EXCESS OVER
$1,070,350                            $215,400
OVER $1,070,350 BUT NOT OVER          $71,852 PLUS 8.98% OF EXCESS OVER
$5,000,000                            $1,070,350
OVER $5,000,000 BUT NOT OVER          $424,735 PLUS 9.08% OF EXCESS OVER
$10,000,000                           $5,000,000
OVER $10,000,000                      $878,735 PLUS 9.28% OF EXCESS OVER
                                      $10,000,000
  §  6. Section 601 of the tax law is amended by adding a new subsection
(d-2) to read as follows:
  (D-2) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE IN METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT.  FOR TAXABLE YEARS BEGINNING ON OR AFTER  JANU-
ARY  FIRST, TWO THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND
TWENTY-ONE FOR A TAXPAYER RESIDING IN THE METROPOLITAN  COMMUTER  TRANS-
PORTATION  DISTRICT  CREATED  AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW WHOSE NEW  YORK  TAXABLE
INCOME  IS  OVER  $2,000,000  IF THE TAXPAYER IS MARRIED FILING JOINTLY,
OVER $1,605,650 IF  THE  TAXPAYER  IS  A  HEAD  OF  HOUSEHOLD,  OR  OVER
$1,070,350  IF  THE  TAXPAYER  FILES  SINGLY,  THERE IS HEREBY IMPOSED A
SUPPLEMENTAL TAX IN ADDITION TO THE TAX IMPOSED UNDER  SUBSECTIONS  (A),
(B)  AND  (C) OF THIS SECTION FOR THE PURPOSE OF RECAPTURING THE BENEFIT
OF THE TAX TABLES CONTAINED IN SUCH SUBSECTIONS.  DURING  THESE  TAXABLE
YEARS,  ANY  REFERENCE IN THIS CHAPTER TO SUBSECTION (D) OF THIS SECTION
SHALL BE READ AS A REFERENCE TO THIS SUBSECTION.
  (1) FOR SUCH RESIDENT MARRIED INDIVIDUALS  FILING  JOINT  RETURNS  AND
RESIDENT  SURVIVING  SPOUSES,  THE  SUPPLEMENTAL  TAX SHALL BE AN AMOUNT
EQUAL TO THE SUM OF THE TAX TABLE BENEFITS  DESCRIBED  IN  SUBPARAGRAPHS
(A),  (B) AND (C) OF THIS PARAGRAPH MULTIPLIED BY THEIR RESPECTIVE FRAC-
TIONS IN SUCH SUBPARAGRAPHS.
  (A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A)  OF
THIS SECTION NOT SUBJECT TO THE 8.98 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS  SECTION  LESS  THE
SUM OF TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH
ONE OF SUBSECTION (D-1) OF THIS SECTION.  THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND  DOLLARS  OR  THE  EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER TWO MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOU-
SAND DOLLARS.
  (B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A)  OF
THIS SECTION NOT SUBJECT TO THE 9.08 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS  SECTION  LESS  THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARA-
GRAPH ONE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFIT

S. 6830                            10

IN  SUBPARAGRAPH  (A)  OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED  GROSS  INCOME  FOR  THE
TAXABLE YEAR OVER SIX MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOU-
SAND  DOLLARS.  PROVIDED,  HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO
TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.08 PERCENT TAX RATE.
  (C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A)  OF
THIS SECTION NOT SUBJECT TO THE 9.28 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF PARAGRAPH
(B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION LESS THE  SUM  OF
THE  TAX  TABLE  BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH
ONE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE  BENEFITS  IN
SUBPARAGRAPHS  (A)  AND  (B)  OF  THIS  PARAGRAPH. THE FRACTION FOR THIS
SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE  NUMERATOR  IS  THE  LESSER  OF
FIFTY  THOUSAND  DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME
FOR THE TAXABLE YEAR OVER ELEVEN MILLION DOLLARS AND THE DENOMINATOR  IS
FIFTY  THOUSAND DOLLARS.  PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT
APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.28 PERCENT TAX RATE.
  (D) PROVIDED, HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION  OF  ANY
TAX  CREDITS  SHALL  NOT EXCEED THE HIGHEST RATE OF TAX SET FORTH IN THE
TAX TABLES IN SUBSECTION (A) OF THIS SECTION MULTIPLIED BY  THE  TAXPAY-
ER'S TAXABLE INCOME.
  (2)  FOR SUCH RESIDENT HEADS OF HOUSEHOLDS, THE SUPPLEMENTAL TAX SHALL
BE AN AMOUNT EQUAL TO THE SUM OF THE TAX  TABLE  BENEFITS  DESCRIBED  IN
SUBPARAGRAPHS  (A),  (B)  AND  (C) OF THIS PARAGRAPH MULTIPLIED BY THEIR
RESPECTIVE FRACTIONS IN SUCH SUBPARAGRAPHS.
  (A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B)  OF
THIS SECTION NOT SUBJECT TO THE 8.98 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS  SECTION  LESS  THE
SUM  OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION.  THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED  GROSS  INCOME  FOR  THE
TAXABLE  YEAR  OVER  ONE  MILLION  SIX HUNDRED FIVE THOUSAND SIX HUNDRED
FIFTY DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
  (B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B)  OF
THIS SECTION NOT SUBJECT TO THE 9.08 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS  SECTION  LESS  THE
SUM  OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX  TABLE  BENEFIT  IN
SUBPARAGRAPH  (A)  OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH
IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER  OF  FIFTY  THOUSAND

S. 6830                            11

DOLLARS  OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE
YEAR OVER FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS AND THE DENOMINATOR
IS FIFTY THOUSAND DOLLARS. PROVIDED, HOWEVER,  THIS  SUBPARAGRAPH  SHALL
NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.08 PERCENT TAX RATE.
  (C)  THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN ITEM  TWO  OF  CLAUSE  (I),
(II)  OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION NOT SUBJECT TO THE 9.28 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR MULTIPLIED BY SUCH RATE AND (II) THE  DOLLAR  DENOMINATED  TAX  FOR
SUCH  AMOUNT  OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO
THE TAXABLE YEAR IN ITEM ONE OF CLAUSE (I), (II) OR  (III)  OF  SUBPARA-
GRAPH  (B)  OF  PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF  PARAGRAPH
TWO  OF  SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFITS IN
SUBPARAGRAPHS (A) AND (B) OF  THIS  PARAGRAPH.  THE  FRACTION  FOR  THIS
SUBPARAGRAPH  IS  COMPUTED  AS  FOLLOWS:  THE NUMERATOR IS THE LESSER OF
FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED  GROSS  INCOME
FOR  THE TAXABLE YEAR OVER TEN MILLION FIVE HUNDRED THOUSAND DOLLARS AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
  (D) PROVIDED, HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION  OF  ANY
TAX  CREDITS  SHALL  NOT EXCEED THE HIGHEST RATE OF TAX SET FORTH IN THE
TAX TABLES IN SUBSECTION (B) OF THIS SECTION MULTIPLIED BY  THE  TAXPAY-
ER'S TAXABLE INCOME.
  (3) FOR SUCH RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVID-
UALS  FILING  SEPARATE  RETURNS  AND  RESIDENT  ESTATES  AND TRUSTS, THE
SUPPLEMENTAL TAX SHALL BE AN AMOUNT EQUAL TO THE SUM OF  THE  TAX  TABLE
BENEFITS  DESCRIBED  IN SUBPARAGRAPHS (A), (B) AND (C) OF THIS PARAGRAPH
MULTIPLIED BY THEIR RESPECTIVE FRACTIONS IN SUCH SUBPARAGRAPHS.
  (A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C)  OF
THIS SECTION NOT SUBJECT TO THE 8.98 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS  SECTION  LESS  THE
SUM  OF  TAX  TABLE  BENEFITS  IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
THREE OF SUBSECTION (D-1) OF  THIS  SECTION.    THE  FRACTION  FOR  THIS
SUBPARAGRAPH  IS  COMPUTED  AS  FOLLOWS:  THE NUMERATOR IS THE LESSER OF
FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED  GROSS  INCOME
FOR  THE  TAXABLE  YEAR  OVER ONE MILLION SEVENTY THOUSAND THREE HUNDRED
FIFTY DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
  (B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C)  OF
THIS SECTION NOT SUBJECT TO THE 9.08 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS  SECTION  LESS  THE
SUM  OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
THREE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFIT  IN
SUBPARAGRAPH  (A)  OF THIS PARAGRAPH. THE FRACTION FOR THIS SUBPARAGRAPH
IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER  OF  FIFTY  THOUSAND
DOLLARS  OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE TAXABLE
YEAR OVER FIVE MILLION DOLLARS AND THE  DENOMINATOR  IS  FIFTY  THOUSAND

S. 6830                            12

DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAY-
ERS WHO ARE NOT SUBJECT TO THE 9.08 PERCENT TAX RATE.
  (C)  THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN ITEM  TWO  OF  CLAUSE  (I),
(II)  OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION NOT SUBJECT TO THE 9.28 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR MULTIPLIED BY SUCH RATE AND (II) THE  DOLLAR  DENOMINATED  TAX  FOR
SUCH  AMOUNT  OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO
THE TAXABLE YEAR IN ITEM ONE OF CLAUSE (I), (II) OR  (III)  OF  SUBPARA-
GRAPH  (B)  OF  PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF  PARAGRAPH
THREE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFITS IN
SUBPARAGRAPHS  (A)  AND  (B)  OF  THIS  PARAGRAPH. THE FRACTION FOR THIS
SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE  NUMERATOR  IS  THE  LESSER  OF
FIFTY  THOUSAND  DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME
FOR THE TAXABLE YEAR OVER TEN MILLION DOLLARS  AND  THE  DENOMINATOR  IS
FIFTY THOUSAND DOLLARS.
  (D)  PROVIDED,  HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION OF ANY
TAX CREDITS SHALL NOT EXCEED THE HIGHEST RATE OF TAX SET  FORTH  IN  THE
TAX  TABLES  IN SUBSECTION (C) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
  § 7. The tax law is amended by adding a new section 1104-a to read  as
follows:
  §  1104-A.  METROPOLITAN TRANSPORTATION AUTHORITY HOTEL UNIT FEE.  (A)
IMPOSITION. IN ADDITION TO ANY OTHER FEE OR TAX IMPOSED BY THIS  ARTICLE
OR  ANY OTHER LAW, THERE IS HEREBY IMPOSED WITHIN THE TERRITORIAL LIMITS
OF A CITY WITH A POPULATION OF A MILLION OR MORE AND THERE SHALL BE PAID
A UNIT FEE ON EVERY OCCUPANCY OF A UNIT IN A HOTEL IN SUCH CITY  AT  THE
RATE  OF  FIVE DOLLARS PER UNIT PER DAY, EXCEPT THAT SUCH UNIT FEE SHALL
NOT BE IMPOSED UPON (1) OCCUPANCY BY A PERMANENT RESIDENT OR  (2)  WHERE
THE RENT PER UNIT IS NOT MORE THAN AT THE RATE OF TWO DOLLARS PER DAY.
  (B)  ADMINISTRATION  AND  ENFORCEMENT.  THE  UNIT  FEE IMPOSED BY THIS
SECTION SHALL BE ADMINISTERED AND COLLECTED IN A LIKE MANNER AS THE  TAX
IMPOSED  BY SUBDIVISION (E) OF SECTION ELEVEN HUNDRED FIVE OF THIS ARTI-
CLE. ALL THE PROVISIONS OF THIS ARTICLE (EXCEPT SECTIONS ELEVEN  HUNDRED
SEVEN,  ELEVEN  HUNDRED  EIGHT  AND  ELEVEN HUNDRED NINE), INCLUDING THE
DEFINITION AND EXEMPTION PROVISIONS, RELATING TO OR  APPLICABLE  TO  THE
ADMINISTRATION,  COLLECTION AND DISPOSITION OF THE TAX IMPOSED BY SUBDI-
VISION (E) OF SUCH SECTION ELEVEN HUNDRED FIVE  OF  THIS  ARTICLE  SHALL
APPLY  TO THE UNIT FEE IMPOSED BY THIS SECTION SO FAR AS SUCH PROVISIONS
CAN BE MADE APPLICABLE TO SUCH UNIT FEE WITH SUCH LIMITATIONS AS ARE SET
FORTH IN THIS ARTICLE, AND SUCH MODIFICATIONS AS ARE SET FORTH  IN  THIS
SECTION  AND  AS MAY BE NECESSARY IN ORDER TO ADOPT SUCH LANGUAGE TO THE
UNIT FEE SO IMPOSED. SUCH PROVISIONS SHALL APPLY WITH THE SAME FORCE AND
EFFECT AS IF THE LANGUAGE OF THOSE PROVISIONS HAD BEEN  INCORPORATED  IN
FULL  IN THIS SECTION AND HAD EXPRESSLY REFERRED TO THE UNIT FEE IMPOSED
BY THIS SECTION, EXCEPT TO THE  EXTENT  THAT  ANY  PROVISION  IS  EITHER
INCONSISTENT  WITH A PROVISION OF THIS SECTION OR IS NOT RELEVANT TO THE
UNIT FEE IMPOSED BY THIS SECTION. FOR PURPOSES OF THIS SECTION, UNLESS A
DIFFERENT MEANING IS CLEARLY REQUIRED: (1) ANY REFERENCE IN THIS ARTICLE
TO THE TAX OR TAXES IMPOSED BY THIS ARTICLE SHALL  BE  DEEMED  TO  REFER
ALSO  TO  THE UNIT FEE IMPOSED BY THIS SECTION; AND (2) ANY REFERENCE TO
TAX, TAXES OR SALES TAX IN SECTION EIGHTEEN HUNDRED  SEVENTEEN  OF  THIS
CHAPTER  SHALL  BE  DEEMED TO REFER ALSO TO THE UNIT FEE IMPOSED BY THIS
SECTION.

S. 6830                            13

  (C) TRANSITIONAL PROVISION. THE UNIT FEE IMPOSED BY THIS SECTION SHALL
BE PAID ON ANY OCCUPANCY ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION,
ALTHOUGH SUCH OCCUPANCY IS PURSUANT TO A PRIOR CONTRACT, LEASE OR  OTHER
ARRANGEMENT. WHERE THE CHARGE FOR OCCUPANCY IS PAID ON A WEEKLY, MONTHLY
OR  OTHER  TERM  BASIS,  THE  OCCUPANCY SHALL BE SUBJECT TO THE UNIT FEE
IMPOSED BY THIS SECTION TO THE EXTENT THAT IT COVERS ANY DAY ON OR AFTER
THE EFFECTIVE DATE OF THIS SECTION.  WHERE A PERSON OCCUPIES A UNIT  FOR
LESS  THAN  A  FULL  DAY AND PAYS LESS THAN THE RENT FOR A FULL DAY, THE
UNIT FEE DUE PURSUANT TO THIS SECTION SHALL  NEVERTHELESS  BE  THE  SAME
AMOUNT  AS WOULD BE DUE HAD SUCH PERSON OCCUPIED THE UNIT FOR A FULL DAY
AT THE RENT FOR A FULL DAY.
  (D) DEPOSIT  AND  DISPOSITION  OF  REVENUE.  (1)  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO  THE  CONTRARY,  THE FEES, INTEREST AND PENALTIES
IMPOSED BY THIS SECTION AND RECEIVED BY THE COMMISSIONER, AFTER  DEDUCT-
ING  THE  AMOUNT  WHICH THE COMMISSIONER SHALL DETERMINE TO BE NECESSARY
FOR REASONABLE COSTS TO ADMINISTER, COLLECT AND  DISTRIBUTE  SUCH  FEES,
PENALTIES  AND  INTEREST, SHALL BE DEPOSITED DAILY WITH SUCH RESPONSIBLE
BANKS, BANKING HOUSES OR TRUST COMPANIES, AS MAY BE  DESIGNATED  BY  THE
COMPTROLLER,  TO  THE CREDIT OF THE COMPTROLLER, TO BE HELD IN TRUST FOR
THE METROPOLITAN TRANSPORTATION AUTHORITY ESTABLISHED BY TITLE ELEVEN OF
ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW.   SUCH  AN  ACCOUNT  MAY  BE
ESTABLISHED  IN ONE OR MORE OF SUCH DEPOSITORIES. SUCH DEPOSITS SHALL BE
KEPT SEPARATE AND APART FROM ALL OTHER MONEY IN THE  POSSESSION  OF  THE
COMPTROLLER.  THE  COMPTROLLER  SHALL REQUIRE ADEQUATE SECURITY FROM ALL
SUCH DEPOSITORIES.  OF THE TOTAL REVENUE  COLLECTED  OR  RECEIVED  UNDER
THIS  SECTION,  THE  COMPTROLLER SHALL RETAIN IN THE COMPTROLLER'S HANDS
SUCH AMOUNT AS THE  COMMISSIONER  MAY  DETERMINE  TO  BE  NECESSARY  FOR
REFUNDS UNDER THIS SECTION.
  (2)  ON  OR  BEFORE THE TWELFTH DAY OF EACH MONTH: (A) AFTER RESERVING
SUCH AMOUNT FOR SUCH REFUNDS AND  SUCH  COSTS,  THE  COMMISSIONER  SHALL
CERTIFY TO THE COMPTROLLER THE AMOUNT OF ALL REVENUES SO RECEIVED DURING
THE  PRIOR  MONTH  AS  A  RESULT  OF THE FEES, INTEREST AND PENALTIES SO
IMPOSED; AND (B) THE AMOUNT OF REVENUES SO CERTIFIED SHALL  BE  PAID  BY
THE  COMPTROLLER  TO THE CHIEF FISCAL OFFICER OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY FOR DISPOSITION BY SUCH AUTHORITY IN ACCORDANCE WITH
TITLE ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW.
  § 8. Subdivision (g) of section 1116 of the tax  law,  as  amended  by
chapter 3 of the laws of 2004, is amended to read as follows:
  (g) For purposes of paragraph five of subdivision (a) of this section,
duly  authorized representatives of any such post or organization, while
acting on behalf of such post or organization, shall not be  subject  to
the  tax  imposed  under  subdivision (e) of section eleven hundred five
[or], the unit fee imposed by section eleven hundred four of this  arti-
cle  OR  THE  UNIT  FEE IMPOSED BY SECTION ELEVEN HUNDRED FOUR-A OF THIS
ARTICLE, provided that such representatives provide an exempt  organiza-
tion  certificate  from  such  post or organization certifying that such
representative is acting on its behalf.
  § 9. Section 1148 of the tax law, as amended by section 57 of part  HH
of chapter 57 of the laws of 2013, is amended to read as follows:
  §  1148.  Deposit  and disposition of revenue. All taxes, interest and
penalties collected or received by the commissioner under  this  article
shall be deposited and disposed of pursuant to the provisions of section
one  hundred  seventy-one-a of this chapter; provided however, the comp-
troller shall on or before the twelfth day of each month, pay  all  such
taxes, interest and penalties collected under this article and remaining
to  the  comptroller's  credit  in  such  banks, banking houses or trust

S. 6830                            14

companies at the close of business on the  last  day  of  the  preceding
month,  into the general fund of the state treasury, except as otherwise
provided in sections ninety-two-d, ninety-two-h, and ninety-two-r of the
state  finance law and sections eleven hundred two, eleven hundred four,
ELEVEN HUNDRED FOUR-A and eleven hundred nine of this article.
  § 10. Subdivision (h) of section 1817 of the tax law,  as  amended  by
section  30  of subpart I of part V-1 of chapter 57 of the laws of 2009,
is amended to read as follows:
  (h) The penalties provided for in  this  section  shall  not  preclude
prosecution  pursuant to the penal law with respect to the willful fail-
ure of any person to pay over to the state  any  sales  tax  imposed  by
section eleven hundred four, ELEVEN HUNDRED FOUR-A, eleven hundred five,
eleven  hundred  seven,  eleven  hundred eight or eleven hundred nine of
this chapter or by any local law adopted by any city or county  pursuant
to  article  twenty-nine  of this chapter, whenever such person has been
required to collect and has collected any such sales tax.  In  any  such
prosecution  under  the  penal  law,  a  person who has been required to
collect and has collected any such tax shall be deemed to have acted  in
a  fiduciary character with respect to the state or a political subdivi-
sion thereof, and the  tax  collected  shall  be  deemed  to  have  been
entrusted  to such person by the state or a political subdivision there-
of.
  § 11. Notwithstanding any provision of law to  the  contrary,  and  in
accordance  with  section 4 of the state finance law, the comptroller is
hereby authorized and directed to transfer on April 1,  2018,  April  1,
2019  and April 1, 2020, $2,072,000,000 from the general fund to the MTA
financial assistance fund, mobility tax trust account.
  § 12. This act shall take effect immediately; provided that:
  (a) sections seven, eight, nine and ten of this act shall take  effect
January 1, 2018; and
  (b)  sections one, two, seven, eight, nine, ten and eleven of this act
shall expire and be deemed repealed January 1, 2021.

S6830A - Details

See Assembly Version of this Bill:: A8956
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1205 & 2799-hh, add §1270-i, Pub Auth L; add §1304-E, amd §§1310 & 1313, Tax L; add §11-1704.2, amd §11-1706, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3246, A2743
2021-2022: S1194, A4434
2023-2024: S602, A4474

S6830A - Summary

Authorizes the city of New York to impose a personal income surcharge on high income residents to fund transit improvements and reduced fares for low income residents.

S6830A - Sponsor Memo

 BILL NUMBER:  S6830A

 TITLE OF BILL :  An act to amend the public authorities law, in
relation to providing for the appointment of an emergency manager for
the metropolitan transportation authority, and providing for his or
her powers and duties; to amend the tax law, in relation to
establishing personal income tax rates and a tax table benefit
recapture for taxpayers who reside in the metropolitan commuter
transportation district; to direct the comptroller to transfer moneys
in the general fund to the MTA financial assistance fund; and
providing for the repeal of certain provisions upon expiration thereof

 PURPOSE :

This bill would provide the necessary revenue and oversight to rechart
the course of the MTA to improve reliability and safety.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 2 amends the public authorities law, adding a new section
1263-a to create the position of emergency manager for the MTA,
requiring confirmation of both houses of the legislature and the
submission of a turnaround plan for the MTA.

Sections 3, 4, and 5 establish personal income tax rate increases for
millionaires in the mctd region.

Section 6 establishes the tax table benefit recapture for the mctd.

Section 7 directs the comptroller to deposit proceeds from the
personal income tax increase in to the MTA financial assistance fund.

 JUSTIFICATION :

Commuters in the MTA region are fed up. Due to constant problems with
the various components of the MTA, commuters are, at best, late for
work, and at worst, trapped in tunnels for hours on-end or in danger
of derailments. The MTA is simply not addressing the critical issues
facing commuters.

Bold action is needed both in the funding and management of the MTA.
The Emergency Manager will develop a plan to ensure that the MTA is
focusing on critical needs of the system, prioritizing the projects
that improve on-time performance, reliability and safety.

Additionally, the MTA has been grossly underfunded and neglected for
years. This legislation provides a new, temporary dedicated revenue
stream to get the MTA on more solid fiscal ground as it implements a
turnaround plan over a 3-year period. This funding stream will impact
only those individuals in the region who can most afford to pay. This
new revenue will ensure that the MTA will have the money to take
immediate remedial action, and establish long term financial
stability.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

More than $2 billion annually in new revenue for the MTA for three
years.

 EFFECTIVE DATE :
Immediately, provided that sections 1,2 and 7 will sunset January 1,
2021.

S6830A - Bill Text download pdf


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

                                 6830--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 27, 2017
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public authorities law, in relation to providing for
  the appointment of an emergency manager for the metropolitan transpor-
  tation  authority,  and providing for his or her powers and duties; to
  amend the tax law, in relation to  establishing  personal  income  tax
  rates  and  a  tax table benefit recapture for taxpayers who reside in
  the metropolitan commuter transportation district; to direct the comp-
  troller to transfer moneys in the general fund to  the  MTA  financial
  assistance  fund;  and  providing for the repeal of certain provisions
  upon expiration thereof

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "better trains, better cities act of 2017".
  § 2. The public authorities law is amended by  adding  a  new  section
1263-a to read as follows:
  § 1263-A. EMERGENCY MANAGER. 1. THERE IS HEREBY ESTABLISHED THE OFFICE
OF  EMERGENCY  MANAGER  OF THE AUTHORITY. SUCH MANAGER SHALL OVERSEE THE
AUTHORITY, AND IMPLEMENT THE PLAN ESTABLISHED BY THE  EMERGENCY  MANAGER
SUBMITTED  TO  EACH  HOUSE  OF  THE LEGISLATURE DURING THE COURSE OF THE
CONFIRMATION OF THE EMERGENCY MANAGER.
  2. THE EMERGENCY MANAGER OF THE AUTHORITY SHALL BE  APPOINTED  BY  THE
GOVERNOR,  SUBJECT TO SEPARATE CONFIRMATION BY EACH OF THE HOUSES OF THE
LEGISLATURE. SUCH CONFIRMATIONS SHALL BE COMPLETED WITHIN NINETY DAYS OF
THE EFFECTIVE DATE OF THIS SECTION; PROVIDED, HOWEVER, THAT  UPON  NOMI-
NATION BY THE GOVERNOR, EACH NOMINEE FOR EMERGENCY MANAGER SHALL DEVELOP
AND  SUBMIT TO THE LEGISLATURE, PRIOR TO HIS OR HER CONFIRMATION, A PLAN
OUTLINING HOW THE  NOMINEE,  IF  CONFIRMED,  WILL  EXPEDITE  REPAIRS  TO

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

                                                           LBD13277-04-7

S. 6830--A                          2

AUTHORITY  FACILITIES  AND  EQUIPMENT,  EXPAND  CAPACITY, AND ENSURE THE
RELIABILITY AND SAFETY OF THE AUTHORITY FACILITIES AND EQUIPMENT AND THE
SERVICES PROVIDED THEREBY. NO NOMINEE SHALL BE CONFIRMED UNTIL SUCH PLAN
SHALL HAVE BEEN RECEIVED AND REVIEWED BY EACH HOUSE OF THE LEGISLATURE.
  3. THE EMERGENCY MANAGER SHALL HAVE ALL THE POWERS OF THE BOARD OF THE
AUTHORITY  AS  THEY RELATE TO EXPEDITING REPAIRS TO AUTHORITY FACILITIES
AND EQUIPMENT, EXPANDING CAPACITY, AND ENSURING RELIABILITY  AND  SAFETY
OF THE AUTHORITY FACILITIES AND EQUIPMENT AND SERVICES PROVIDED THEREBY,
AND SHALL IMPLEMENT THE PLAN HE OR SHE SUBMITTED TO THE LEGISLATURE. THE
EMERGENCY  MANAGER'S AUTHORITY TO IMPLEMENT HIS OR HER PLAN SHALL SUPER-
SEDE THE AUTHORITY OF THE BOARD OF  THE  AUTHORITY,  UNLESS  SUCH  BOARD
SHALL  BY  A  VOTE  OF  TEN  VOTING MEMBERS THEREOF OVERRIDES A SPECIFIC
ACTION OF THE EMERGENCY MANAGER.
  § 3. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection (a) of section 601 of the tax law, as added by section  1  of
part  R  of  chapter  59  of  the  laws  of 2017, are amended to read as
follows:
  (i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable
                                      income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
                                      $17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
                                      $23,600
Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
                                      $27,900
Over $43,000 but not over $161,550    $2,093 plus 6.33% of excess over
                                      $43,000
Over $161,550 but not over $323,200   $9,597 plus 6.57% of excess over
                                      $161,550
Over $323,200 but not over $2,155,350 $20,218 plus 6.85% of excess over
                                      $323,200
Over $2,155,350                       $145,720 plus 8.82% of excess over
                                      $2,155,350
  2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN  COMMUTER  TRANS-
PORTATION  DISTRICT  CREATED  AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $17,150                      4% OF THE NEW YORK TAXABLE
                                      INCOME
OVER $17,150 BUT NOT OVER $23,600     $686 PLUS 4.5% OF EXCESS OVER
                                      $17,150
OVER $23,600 BUT NOT OVER $27,900     $976 PLUS 5.25% OF EXCESS OVER
                                      $23,600
OVER $27,900 BUT NOT OVER $43,000     $1,202 PLUS 5.9% OF EXCESS OVER
                                      $27,900
OVER $43,000 BUT NOT OVER $161,550    $2,093 PLUS 6.21% OF EXCESS OVER
                                      $43,000
OVER $161,550 BUT NOT OVER $323,200   $9,597 PLUS 6.57% OF EXCESS OVER

S. 6830--A                          3

                                      $161,550
OVER $323,200 BUT NOT OVER            $20,218 PLUS 6.85% OF EXCESS OVER
$2,000,000                            $323,200
OVER $2,000,000 BUT NOT OVER          $135,079 PLUS 8.98% OF EXCESS
$6,000,000                            OVER $2,000,000
OVER $6,000,000 BUT NOT OVER          $494,279 PLUS 9.08% OF EXCESS
$11,000,000                           OVER $6,000,000
OVER $11,000,000                      $948,279 PLUS 9.28% OF EXCESS
                                      OVER $11,000,000
  (ii)  For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
Not over $17,150                      4% of the New York taxable
                                      income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
                                      $17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
                                      $23,600
Over $43,000 but not over $161,550    $2,093 plus 6.21% of excess over
                                      $43,000
Over $161,550 but not over $323,200   $9,455 plus 6.49% of excess over
                                      $161,550
Over $323,200 but not over            $19,946 plus 6.85% of excess over
$2,155,350                            $323,200
Over $2,155,350                       $145,448 plus 8.82% of excess over
                                      $2,155,350
  2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN  COMMUTER  TRANS-
PORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT  TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
NOT OVER $17,150                      4% OF THE NEW YORK TAXABLE
                                      INCOME
OVER $17,150 BUT NOT OVER $23,600     $686 PLUS 4.5% OF EXCESS OVER
                                      $17,150
OVER $23,600 BUT NOT OVER $27,900     $976 PLUS 5.25% OF EXCESS OVER
                                      $23,600
OVER $27,900 BUT NOT OVER $43,000     $1,202 PLUS 5.9% OF EXCESS OVER
                                      $27,900
OVER $43,000 BUT NOT OVER $161,550    $2,093 PLUS 6.21% OF EXCESS OVER
                                      $43,000
OVER $161,550 BUT NOT OVER $323,200   $9,455 PLUS 6.49% OF EXCESS OVER
                                      $161,550
OVER $323,200 BUT NOT OVER $2,000,000 $19,946 PLUS 6.85% OF EXCESS OVER
                                      $323,200
OVER $2,000,000 BUT NOT OVER          $134,807 PLUS 8.98% OF EXCESS
$6,000,000                            OVER 2,000,000
OVER $6,000,000 BUT NOT OVER          $494,007 PLUS 9.08% OF EXCESS
$11,000,000                           OVER $6,000,000
OVER $11,000,000                      $948,000 PLUS 9.28% OVER
                                      $11,000,000
  (iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:

S. 6830--A                          4

If the New York taxable income is:    The tax is:
Not over $17,150                      4% of the New York taxable income
Over $17,150 but not over $23,600     $686 plus 4.5% of excess over
                                      $17,150
Over $23,600 but not over $27,900     $976 plus 5.25% of excess over
                                      $23,600
Over $27,900 but not over $43,000     $1,202 plus 5.9% of excess over
                                      $27,900
Over $43,000 but not over $161,550    $2,093 plus 6.09% of excess over
                                      $43,000
Over $161,550 but not over $323,200   $9,313 plus 6.41% of excess over
                                      $161,550
Over $323,200                         $19,674 plus 6.85% of excess over
                                      $323,200
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $17,150                      4% OF THE NEW YORK TAXABLE INCOME
OVER $17,150 BUT NOT OVER $23,600     $686 PLUS 4.5% OF EXCESS OVER
                                      $17,150
OVER $23,600 BUT NOT OVER $27,900     $976 PLUS 5.25% OF EXCESS OVER
                                      $23,600
OVER $27,900 BUT NOT OVER $43,000     $1,202 PLUS 5.9% OF EXCESS OVER
                                      $27,900
OVER $43,000 BUT NOT OVER $161,550    $2,093 PLUS 6.09% OF EXCESS OVER
                                      $43,000
OVER $161,550 BUT NOT OVER $323,200   $9,313 PLUS 6.41% OF EXCESS OVER
                                      $161,550
OVER $323,200 BUT NOT OVER            $19,674 PLUS 6.85% OF EXCESS OVER
$2,000,000                            $323,200
OVER $2,000,000 BUT NOT OVER          $134,535 PLUS 8.98% OF EXCESS OVER
$6,000,000                            $2,000,000
OVER $6,000,000 BUT NOT OVER          $493,735 PLUS 9.08% OF EXCESS OVER
$11,000,000                           $6,000,000
OVER $11,000,000                      $947,735 PLUS 9.28% OF EXCESS OVER
                                      $11,000,000
  § 4. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection  (b)  of section 601 of the tax law, as added by section 2 of
part R of chapter 59 of the  laws  of  2017,  are  amended  to  read  as
follows:
  (i) For taxable years beginning in two thousand eighteen the following
rates shall apply:
  1.  FOR  TAXPAYERS  WHO  RESIDE  OUTSIDE  OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
                                      $17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650    $1,568 plus 6.33% of excess over
                                      $32,200
Over $107,650 but not over $269,300   $6,344 plus 6.57% of excess over

S. 6830--A                          5

                                      $107,650
Over $269,300 but not over $1,616,450 $16,964 plus 6.85% of excess over
                                      $269,300
Over $1,616,450                       $109,244 plus 8.82% of excess over
                                      $1,616,450
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  THE  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $12,800                      4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650     $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900     $730 PLUS 5.25% OF EXCESS OVER
                                      $17,650
OVER $20,900 BUT NOT OVER $32,200     $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650    $1,568 PLUS 6.33% OF EXCESS OVER
                                      $32,200
OVER $107,650 BUT NOT OVER $269,300   $6,344 PLUS 6.57% OF EXCESS OVER
                                      $107,650
OVER $269,300 BUT NOT OVER            $16,964 PLUS 6.85% OF EXCESS OVER
$1,605,650                            $269,300
OVER $1,605,650 BUT NOT OVER          $108,504 PLUS 8.98% OF EXCESS OVER
$5,500,000                            $1,605,650
OVER $5,500,000 BUT NOT OVER          $458,217 PLUS 9.08% OF EXCESS OVER
$10,500,000                           $5,500,000
OVER $10,500,000                      $912,217 PLUS 9.28% OF EXCESS OVER
                                      $10,500,000
  (ii)  For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
                                      $17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650    $1,568 plus 6.21% of excess over
                                      $32,200
Over $107,650 but not over $269,300   $6,253 plus 6.49% of excess over
                                      $107,650
Over $269,300 but not over            $16,744 plus 6.85% of excess over
$1,616,450                            $269,300
Over $1,616,450                       $109,024 plus 8.82% of excess over
                                      $1,616,450
  2. FOR TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN  COMMUTER  TRANS-
PORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT  TO THE SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $12,800                      4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650     $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900     $730 PLUS 5.25% OF EXCESS OVER
                                      $17,650
OVER $20,900 BUT NOT OVER $32,200     $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650    $1,568 PLUS 6.21% OF EXCESS OVER

S. 6830--A                          6

                                      $32,200
OVER $107,650 BUT NOT OVER $269,300   $6,253 PLUS 6.49% OF EXCESS OVER
                                      $107,650
OVER $269,300 BUT NOT OVER            $16,744 PLUS 6.85% OF EXCESS OVER
$1,605,650                            $269,300
OVER $1,605,650 BUT NOT OVER          $108,284 PLUS 8.98% OF EXCESS OVER
$5,500,000                            $1,605,650
OVER $5,500,000 BUT NOT OVER          $457,997 PLUS 9.08% OF EXCESS OVER
$10,500,000                           $5,500,000
OVER $10,500,000                      $911,997 PLUS 9.28% OF EXCESS OVER
                                      $10,500,000
  (iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
  1.  FOR  TAXPAYERS  WHO  RESIDE  OUTSIDE  OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $12,800                      4% of the New York taxable income
Over $12,800 but not over $17,650     $512 plus 4.5% of excess over $12,800
Over $17,650 but not over $20,900     $730 plus 5.25% of excess over
                                      $17,650
Over $20,900 but not over $32,200     $901 plus 5.9% of excess over $20,900
Over $32,200 but not over $107,650    $1,568 plus 6.09% of excess over
                                      $32,200
Over $107,650 but not over $269,300   $6,162 plus 6.41% of excess over
                                      $107,650
Over $269,300                         $16,524 plus 6.85% of excess over
                                      $269,300
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $12,800                      4% OF THE NEW YORK TAXABLE INCOME
OVER $12,800 BUT NOT OVER $17,650     $512 PLUS 4.5% OF EXCESS OVER $12,800
OVER $17,650 BUT NOT OVER $20,900     $730 PLUS 5.25% OF EXCESS OVER
                                      $17,650
OVER $20,900 BUT NOT OVER $32,200     $901 PLUS 5.9% OF EXCESS OVER $20,900
OVER $32,200 BUT NOT OVER $107,650    $1,568 PLUS 6.09% OF EXCESS OVER
                                      $32,200
OVER $107,650 BUT NOT OVER $269,300   $6,162 PLUS 6.41% OF EXCESS OVER
                                      $107,650
OVER $269,300 BUT NOT OVER            $16,524 PLUS 6.85% OF EXCESS OVER
$1,605,650                            $269,300
OVER $1,605,650 BUT NOT OVER          $108,064 PLUS 8.98% OF EXCESS
$5,500,000                            OVER $1,605,650
OVER $5,500,000 BUT NOT OVER          $457,777 PLUS 9.08% OF EXCESS
$10,500,000                           OVER $5,500,000
OVER $10,500,000                      $911,777 PLUS 9.28% OF EXCESS
                                      OVER $10,500,000
  § 5. Clauses (i), (ii) and (iii) of subparagraph (B) of paragraph 1 of
subsection  (c)  of section 601 of the tax law, as added by section 3 of
part R of chapter 59 of the  laws  of  2017,  are  amended  to  read  as
follows:
  (i) For taxable years beginning in two thousand eighteen the following
rates shall apply:

S. 6830--A                          7

  1.  FOR  TAXPAYERS  WHO  RESIDE  OUTSIDE  OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
                                      $8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
                                      $11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
                                      $13,900
Over $21,400 but not over $80,650     $1,042 plus 6.33% of excess over
                                      $21,400
Over $80,650 but not over $215,400    $4,793 plus 6.57% of excess over
                                      $80,650
Over $215,400 but not over $1,077,550 $13,646 plus 6.85% of excess over
                                      $215,400
Over $1,077,550                       $72,703 plus 8.82% of excess over
                                      $1,077,550
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $8,500                       4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700      $340 PLUS 4.5% OF EXCESS OVER
                                      $8,500
OVER $11,700 BUT NOT OVER $13,900     $484 PLUS 5.25% OF EXCESS OVER
                                      $11,700
OVER $13,900 BUT NOT OVER $21,400     $600 PLUS 5.9% OF EXCESS OVER
                                      $13,900
OVER $21,400 BUT NOT OVER $80,650     $1,042 PLUS 6.33% OF EXCESS OVER
                                      $21,400
OVER $80,650 BUT NOT OVER $215,400    $4,793 PLUS 6.57% OF EXCESS OVER
                                      $80,650
OVER $215,400 BUT NOT OVER            $13,646 PLUS 6.85% OF EXCESS OVER
$1,070,350                            $215,400
OVER $1,070,350 BUT NOT OVER          $72,210 PLUS 8.98% OF EXCESS OVER
$5,000,000                            $1,070,350
OVER $5,000,000 BUT NOT OVER          $425,093 PLUS 9.08% OF EXCESS OVER
$10,000,000                           $5,000,000
OVER $10,000,000                      $879,093 PLUS 9.28% OF EXCESS OVER
                                      $10,000,000
  (ii)  For taxable years beginning in two thousand nineteen the follow-
ing rates shall apply:
  1. FOR TAXPAYERS WHO  RESIDE  OUTSIDE  OF  THE  METROPOLITAN  COMMUTER
TRANSPORTATION  DISTRICT  CREATED  AND  ESTABLISHED  PURSUANT TO SECTION
TWELVE HUNDRED SIXTY TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
                                      $8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
                                      $11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
                                      $13,900
Over $21,400 but not over $80,650     $1,042 plus 6.21% of excess over

S. 6830--A                          8

                                      $21,400
Over $80,650 but not over $215,400    $4,721 plus 6.49% of excess over
                                      $80,650
Over $215,400 but not over            $13,467 plus 6.85% of excess over
$1,077,550                            $215,400
Over $1,077,550                       $72,524 plus 8.82% of excess over
                                      $1,077,550
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT  TO  SECTION  TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $8,500                       4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700      $340 PLUS 4.5% OF EXCESS OVER
                                      $8,500
OVER $11,700 BUT NOT OVER $13,900     $484 PLUS 5.25% OF EXCESS OVER
                                      $11,700
OVER $13,900 BUT NOT OVER $21,400     $600 PLUS 5.9% OF EXCESS OVER
                                      $13,900
OVER $21,400 BUT NOT OVER $80,650     $1,042 PLUS 6.21% OF EXCESS OVER
                                      $21,400
OVER $80,650 BUT NOT OVER $215,400    $4,721 PLUS 6.49% OF EXCESS OVER
                                      $80,650
OVER $215,400 BUT NOT OVER            $13,467 PLUS 6.85% OF EXCESS OVER
$1,070,350                            $215,400
OVER $1,070,350 BUT NOT OVER          $72,031 PLUS 8.98% OF EXCESS OVER
5,000,000                             $1,070,350
OVER $5,000,000 BUT NOT OVER          $424,914 PLUS 9.08% OF EXCESS OVER
$10,000,000                           $5,000,000
OVER $10,000,000                      $878,914 PLUS 9.28% OF EXCESS OVER
                                      $10,000,000
  (iii) For taxable years beginning in two thousand twenty the following
rates shall apply:
  1.  FOR  TAXPAYERS  WHO  RESIDE  OUTSIDE  OF THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
If the New York taxable income is:    The tax is:
Not over $8,500                       4% of the New York taxable income
Over $8,500 but not over $11,700      $340 plus 4.5% of excess over
                                      $8,500
Over $11,700 but not over $13,900     $484 plus 5.25% of excess over
                                      $11,700
Over $13,900 but not over $21,400     $600 plus 5.9% of excess over
                                      $13,900
Over $21,400 but not over $80,650     $1,042 plus 6.09% of excess over
                                      $21,400
Over $80,650 but not over $215,400    $4,650 plus 6.41% of excess over
                                      $80,650
Over $215,400                         $13,288 plus 6.85% of excess over
                                      $215,400
  2.  FOR  TAXPAYERS WHO RESIDED WITHIN THE METROPOLITAN COMMUTER TRANS-
PORTATION DISTRICT CREATED  AND  ESTABLISHED  PURSUANT  TO  THE  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW:
IF THE NEW YORK TAXABLE INCOME IS:    THE TAX IS:
NOT OVER $8,500                       4% OF THE NEW YORK TAXABLE INCOME
OVER $8,500 BUT NOT OVER $11,700      $340 PLUS 4.5% OF EXCESS OVER

S. 6830--A                          9

                                      $8,500
OVER $11,700 BUT NOT OVER $13,900     $484 PLUS 5.25% OF EXCESS OVER
                                      $11,700
OVER $13,900 BUT NOT OVER $21,400     $600 PLUS 5.9% OF EXCESS OVER
                                      $13,900
OVER $21,400 BUT NOT OVER $80,650     $1,042 PLUS 6.09% OF EXCESS OVER
                                      $21,400
OVER $80,650 BUT NOT OVER $215,400    $4,650 PLUS 6.41% OF EXCESS OVER
                                      $80,650
OVER $215,400 BUT NOT OVER            $13,288 PLUS 6.85% OF EXCESS OVER
$1,070,350                            $215,400
OVER $1,070,350 BUT NOT OVER          $71,852 PLUS 8.98% OF EXCESS OVER
$5,000,000                            $1,070,350
OVER $5,000,000 BUT NOT OVER          $424,735 PLUS 9.08% OF EXCESS OVER
$10,000,000                           $5,000,000
OVER $10,000,000                      $878,735 PLUS 9.28% OF EXCESS OVER
                                      $10,000,000
  §  6. Section 601 of the tax law is amended by adding a new subsection
(d-2) to read as follows:
  (D-2) ALTERNATIVE TAX TABLE BENEFIT RECAPTURE IN METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT.  FOR TAXABLE YEARS BEGINNING ON OR AFTER  JANU-
ARY  FIRST, TWO THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND
TWENTY-ONE FOR A TAXPAYER RESIDING IN THE METROPOLITAN  COMMUTER  TRANS-
PORTATION  DISTRICT  CREATED  AND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW WHOSE NEW  YORK  TAXABLE
INCOME  IS  OVER  $2,000,000  IF THE TAXPAYER IS MARRIED FILING JOINTLY,
OVER $1,605,650 IF  THE  TAXPAYER  IS  A  HEAD  OF  HOUSEHOLD,  OR  OVER
$1,070,350  IF  THE  TAXPAYER  FILES  SINGLY,  THERE IS HEREBY IMPOSED A
SUPPLEMENTAL TAX IN ADDITION TO THE TAX IMPOSED UNDER  SUBSECTIONS  (A),
(B)  AND  (C) OF THIS SECTION FOR THE PURPOSE OF RECAPTURING THE BENEFIT
OF THE TAX TABLES CONTAINED IN SUCH SUBSECTIONS.  DURING  THESE  TAXABLE
YEARS,  ANY  REFERENCE IN THIS CHAPTER TO SUBSECTION (D) OF THIS SECTION
SHALL BE READ AS A REFERENCE TO THIS SUBSECTION.
  (1) FOR SUCH RESIDENT MARRIED INDIVIDUALS  FILING  JOINT  RETURNS  AND
RESIDENT  SURVIVING  SPOUSES,  THE  SUPPLEMENTAL  TAX SHALL BE AN AMOUNT
EQUAL TO THE SUM OF THE TAX TABLE BENEFITS  DESCRIBED  IN  SUBPARAGRAPHS
(A),  (B) AND (C) OF THIS PARAGRAPH MULTIPLIED BY THEIR RESPECTIVE FRAC-
TIONS IN SUCH SUBPARAGRAPHS.
  (A) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A)  OF
THIS SECTION NOT SUBJECT TO THE 8.98 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS  SECTION  LESS  THE
SUM OF TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARAGRAPH
ONE OF SUBSECTION (D-1) OF THIS SECTION.  THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND  DOLLARS  OR  THE  EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER TWO MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOU-
SAND DOLLARS.
  (B) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A)  OF
THIS SECTION NOT SUBJECT TO THE 9.08 PERCENT RATE OF TAX FOR THE TAXABLE

S. 6830--A                         10

YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH  (B)  OF  PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND (C) OF PARA-
GRAPH ONE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFIT
IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE FRACTION  FOR  THIS  SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND  DOLLARS  OR  THE  EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER SIX MILLION DOLLARS AND THE DENOMINATOR IS FIFTY THOU-
SAND DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL  NOT  APPLY  TO
TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.08 PERCENT TAX RATE.
  (C)  THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN ITEM  TWO  OF  CLAUSE  (I),
(II)  OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (A) OF
THIS SECTION NOT SUBJECT TO THE 9.28 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR MULTIPLIED BY SUCH RATE AND (II) THE  DOLLAR  DENOMINATED  TAX  FOR
SUCH  AMOUNT  OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO
THE TAXABLE YEAR IN ITEM ONE OF CLAUSE (I), (II) OR (III)  OF  PARAGRAPH
(B)  OF  PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION LESS THE SUM OF
THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A), (B) AND  (C)  OF  PARAGRAPH
ONE  OF  SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFITS IN
SUBPARAGRAPHS (A) AND (B) OF  THIS  PARAGRAPH.  THE  FRACTION  FOR  THIS
SUBPARAGRAPH  IS  COMPUTED  AS  FOLLOWS:  THE NUMERATOR IS THE LESSER OF
FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED  GROSS  INCOME
FOR  THE TAXABLE YEAR OVER ELEVEN MILLION DOLLARS AND THE DENOMINATOR IS
FIFTY THOUSAND DOLLARS.  PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL  NOT
APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.28 PERCENT TAX RATE.
  (D)  PROVIDED,  HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION OF ANY
TAX CREDITS SHALL NOT EXCEED THE HIGHEST RATE OF TAX SET  FORTH  IN  THE
TAX  TABLES  IN SUBSECTION (A) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
  (2) FOR SUCH RESIDENT HEADS OF HOUSEHOLDS, THE SUPPLEMENTAL TAX  SHALL
BE  AN  AMOUNT  EQUAL  TO THE SUM OF THE TAX TABLE BENEFITS DESCRIBED IN
SUBPARAGRAPHS (A), (B) AND (C) OF THIS  PARAGRAPH  MULTIPLIED  BY  THEIR
RESPECTIVE FRACTIONS IN SUCH SUBPARAGRAPHS.
  (A)  THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN ITEM  TWO  OF  CLAUSE  (I),
(II)  OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION NOT SUBJECT TO THE 8.98 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR MULTIPLIED BY SUCH RATE AND (II) THE  DOLLAR  DENOMINATED  TAX  FOR
SUCH  AMOUNT  OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO
THE TAXABLE YEAR IN ITEM ONE OF CLAUSE (I), (II) OR  (III)  OF  SUBPARA-
GRAPH  (B)  OF  PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF  PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION.  THE FRACTION FOR THIS SUBPARA-
GRAPH IS COMPUTED AS FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOU-
SAND  DOLLARS  OR  THE  EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE
TAXABLE YEAR OVER ONE MILLION SIX  HUNDRED  FIVE  THOUSAND  SIX  HUNDRED
FIFTY DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
  (B)  THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN ITEM  TWO  OF  CLAUSE  (I),
(II)  OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF
THIS SECTION NOT SUBJECT TO THE 9.08 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR MULTIPLIED BY SUCH RATE AND (II) THE  DOLLAR  DENOMINATED  TAX  FOR
SUCH  AMOUNT  OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO

S. 6830--A                         11

THE TAXABLE YEAR IN ITEM ONE OF CLAUSE (I), (II) OR  (III)  OF  SUBPARA-
GRAPH  (B)  OF  PARAGRAPH ONE OF SUBSECTION (B) OF THIS SECTION LESS THE
SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF  PARAGRAPH
TWO  OF  SUBSECTION  (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFIT IN
SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE FRACTION FOR  THIS  SUBPARAGRAPH
IS  COMPUTED  AS  FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND
DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE  TAXABLE
YEAR OVER FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS AND THE DENOMINATOR
IS  FIFTY  THOUSAND  DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL
NOT APPLY TO TAXPAYERS WHO ARE NOT SUBJECT TO THE 9.08 PERCENT TAX RATE.
  (C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B)  OF
THIS SECTION NOT SUBJECT TO THE 9.28 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF THIS  SECTION  LESS  THE
SUM  OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
TWO OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE  BENEFITS  IN
SUBPARAGRAPHS  (A)  AND  (B)  OF  THIS  PARAGRAPH. THE FRACTION FOR THIS
SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE  NUMERATOR  IS  THE  LESSER  OF
FIFTY  THOUSAND  DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME
FOR THE TAXABLE YEAR OVER TEN MILLION FIVE HUNDRED THOUSAND DOLLARS  AND
THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
  (D)  PROVIDED,  HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION OF ANY
TAX CREDITS SHALL NOT EXCEED THE HIGHEST RATE OF TAX SET  FORTH  IN  THE
TAX  TABLES  IN SUBSECTION (B) OF THIS SECTION MULTIPLIED BY THE TAXPAY-
ER'S TAXABLE INCOME.
  (3) FOR SUCH RESIDENT UNMARRIED INDIVIDUALS, RESIDENT MARRIED INDIVID-
UALS FILING SEPARATE  RETURNS  AND  RESIDENT  ESTATES  AND  TRUSTS,  THE
SUPPLEMENTAL  TAX  SHALL  BE AN AMOUNT EQUAL TO THE SUM OF THE TAX TABLE
BENEFITS DESCRIBED IN SUBPARAGRAPHS (A), (B) AND (C) OF  THIS  PARAGRAPH
MULTIPLIED BY THEIR RESPECTIVE FRACTIONS IN SUCH SUBPARAGRAPHS.
  (A)  THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN ITEM  TWO  OF  CLAUSE  (I),
(II)  OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION NOT SUBJECT TO THE 8.98 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR MULTIPLIED BY SUCH RATE AND (II) THE  DOLLAR  DENOMINATED  TAX  FOR
SUCH  AMOUNT  OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO
THE TAXABLE YEAR IN ITEM ONE OF CLAUSE (I), (II) OR  (III)  OF  SUBPARA-
GRAPH  (B)  OF  PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION LESS THE
SUM OF TAX TABLE BENEFITS IN SUBPARAGRAPHS  (A)  AND  (B)  OF  PARAGRAPH
THREE  OF  SUBSECTION  (D-1)  OF  THIS  SECTION.   THE FRACTION FOR THIS
SUBPARAGRAPH IS COMPUTED AS FOLLOWS: THE  NUMERATOR  IS  THE  LESSER  OF
FIFTY  THOUSAND  DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME
FOR THE TAXABLE YEAR OVER ONE MILLION  SEVENTY  THOUSAND  THREE  HUNDRED
FIFTY DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND DOLLARS.
  (B)  THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT OF
TAXABLE INCOME SET FORTH IN THE TAX TABLE IN ITEM  TWO  OF  CLAUSE  (I),
(II)  OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF
THIS SECTION NOT SUBJECT TO THE 9.08 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR MULTIPLIED BY SUCH RATE AND (II) THE  DOLLAR  DENOMINATED  TAX  FOR
SUCH  AMOUNT  OF TAXABLE INCOME SET FORTH IN THE TAX TABLE APPLICABLE TO
THE TAXABLE YEAR IN ITEM ONE OF CLAUSE (I), (II) OR  (III)  OF  SUBPARA-
GRAPH  (B)  OF  PARAGRAPH ONE OF SUBSECTION (C) OF THIS SECTION LESS THE

S. 6830--A                         12

SUM OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF  PARAGRAPH
THREE  OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFIT IN
SUBPARAGRAPH (A) OF THIS PARAGRAPH. THE FRACTION FOR  THIS  SUBPARAGRAPH
IS  COMPUTED  AS  FOLLOWS: THE NUMERATOR IS THE LESSER OF FIFTY THOUSAND
DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED GROSS INCOME FOR THE  TAXABLE
YEAR  OVER  FIVE  MILLION  DOLLARS AND THE DENOMINATOR IS FIFTY THOUSAND
DOLLARS. PROVIDED, HOWEVER, THIS SUBPARAGRAPH SHALL NOT APPLY TO TAXPAY-
ERS WHO ARE NOT SUBJECT TO THE 9.08 PERCENT TAX RATE.
  (C) THE TAX TABLE BENEFIT IS THE DIFFERENCE BETWEEN (I) THE AMOUNT  OF
TAXABLE  INCOME  SET  FORTH  IN THE TAX TABLE IN ITEM TWO OF CLAUSE (I),
(II) OR (III) OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C)  OF
THIS SECTION NOT SUBJECT TO THE 9.28 PERCENT RATE OF TAX FOR THE TAXABLE
YEAR  MULTIPLIED  BY  SUCH  RATE AND (II) THE DOLLAR DENOMINATED TAX FOR
SUCH AMOUNT OF TAXABLE INCOME SET FORTH IN THE TAX TABLE  APPLICABLE  TO
THE  TAXABLE  YEAR  IN ITEM ONE OF CLAUSE (I), (II) OR (III) OF SUBPARA-
GRAPH (B) OF PARAGRAPH ONE OF SUBSECTION (C) OF THIS  SECTION  LESS  THE
SUM  OF THE TAX TABLE BENEFITS IN SUBPARAGRAPHS (A) AND (B) OF PARAGRAPH
THREE OF SUBSECTION (D-1) OF THIS SECTION AND SUCH TAX TABLE BENEFITS IN
SUBPARAGRAPHS (A) AND (B) OF  THIS  PARAGRAPH.  THE  FRACTION  FOR  THIS
SUBPARAGRAPH  IS  COMPUTED  AS  FOLLOWS:  THE NUMERATOR IS THE LESSER OF
FIFTY THOUSAND DOLLARS OR THE EXCESS OF NEW YORK ADJUSTED  GROSS  INCOME
FOR  THE  TAXABLE  YEAR  OVER TEN MILLION DOLLARS AND THE DENOMINATOR IS
FIFTY THOUSAND DOLLARS.
  (D) PROVIDED, HOWEVER, THE TOTAL TAX PRIOR TO THE APPLICATION  OF  ANY
TAX  CREDITS  SHALL  NOT EXCEED THE HIGHEST RATE OF TAX SET FORTH IN THE
TAX TABLES IN SUBSECTION (C) OF THIS SECTION MULTIPLIED BY  THE  TAXPAY-
ER'S TAXABLE INCOME.
  §  7.    Notwithstanding  any provision of law to the contrary, and in
accordance with section 4 of the state finance law, the  comptroller  is
hereby  authorized  and  directed to transfer on April 1, 2018, April 1,
2019 and April 1, 2020, $2,072,000,000 from the general fund to the  MTA
financial assistance fund, mobility tax trust account.
  §  8.  This  act shall take effect immediately; provided that sections
one, two, and seven of this act shall  expire  and  be  deemed  repealed
January 1, 2021.

S6830B (ACTIVE) - Details

See Assembly Version of this Bill:: A8956
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1205 & 2799-hh, add §1270-i, Pub Auth L; add §1304-E, amd §§1310 & 1313, Tax L; add §11-1704.2, amd §11-1706, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3246, A2743
2021-2022: S1194, A4434
2023-2024: S602, A4474

S6830B (ACTIVE) - Summary

Authorizes the city of New York to impose a personal income surcharge on high income residents to fund transit improvements and reduced fares for low income residents.

S6830B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6830B

SPONSOR: GIANARIS
 
TITLE OF BILL:  An act to amend the public authorities law, the tax
law and the administrative code of the city of New York, in relation to
authorizing and imposing a tax surcharge on the personal income of
certain high-income residents of such city in order to fund transit
infrastructure improvements and reduced fares for low-income residents
of such city

 
PURPOSE:

To provide much needed revenue to repair MTA infrastructure in New York
City and to provide reduced fares for those most in need.

 
SUMMARY OF PROVISIONS:

Section 1 amends Public Authorities Law section 1205 by adding a new
subdivision 9 to establish a reduced fare program for those aged 18-64
earning at or under the federal poverty level.

Section 2 adds a new' section 1270-I to the Public Authorities Law.
This section requires that the MTA establish a dedicated fund for reven-
ues collected from imposition of the surcharge on the personal income
tax (PIT) of certain high-income residents of the City of New York, and
set up separate accounts for infrastructure improvements and a reduced
fare program. Section 1270-I also establishes permissible uses for
infrastructure funds, outlines obligations to bondholders, and requires
that revenues be divided evenly between the infrastructure and the
reduced fare accounts.

Section 3 amends subdivision 5 of section 2799-hh of the Public Authori-
ties Law to establish a mechanism for the Transitional Finance Authority
(TFA) to pay PIT surcharge revenues into the dedicated fund required by
new 1270-1 of the Public Authorities Law.

Section 4 amends the Tax Law by adding a new section 1304-E to authorize
the imposition of an income tax surcharge on high-earning taxpayers who
are subject to the city's personal income tax. This section also
requires that the revenue collected from imposition of the surcharge
"shall only supplement and shall not supplant" any funds that the MTA
uses for NYCTA, MTA Bus Company or SIRTOA projects and shall be used
"exclusively for the financing of transit infrastructure improvements
and reduced fares for low-income residents of the city of New York".

Section 5 amends paragraphs 1 and 2 of subsection (e) of section 1310 of
the Tax Law to authorize a credit against the surcharge for unincorpo-
rated business taxes paid.

Section 6 amends subsection (c) of section 1313 of the Tax Law to
provide for the flow of surcharge revenue from the TFA to the dedicated
fund.

Section 7 amends the Administrative Code of the City of New York by
adding a new section 11-1704.2 to impose the surcharge authorized by
section 4.



Section 8 amends paragraphs 1 and 2 of subdivision (c) of section
11-1706 of the Administrative Code of the City of New York to provide
the credit authorized by section 5.

 
JUSTIFICATION:

Commuters in the MTA region are fed up. Due to constant problems with
the various components of the MTA, commuters are at best, late for work,
and at worst, trapped in tunnels for hours on-end or in danger of
derailments. The MTA is simply not addressing the critical issues facing
commuters.

Bold action is needed. The MTA has been grossly underfunded and
neglected for years. This legislation provides a new, dedicated revenue
stream to fund the projects critical to the MTA's operations.  Instead
of putting the burden on the working class, the new revenue will only
affect the wealthiest New Yorkers. This new revenue will ensure that the
MTA will have the money to take immediate remedial action, and establish
long-term financial stability. Further, the new funding will ensure that
those most in need of assistance will be able to get reduced fares to
get to their jobs and family obligations.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
Immediately, except that the effective date for the reduced fare program
is January 1,2019.

S6830B (ACTIVE) - Bill Text download pdf


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

                                 6830--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 27, 2017
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Transportation in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the public authorities law, the tax law and the adminis-
  trative  code  of the city of New York, in relation to authorizing and
  imposing a tax surcharge on the personal income of certain high-income
  residents of  such  city  in  order  to  fund  transit  infrastructure
  improvements and reduced fares for low-income residents of such city

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

  Section 1. Section 1205 of the public authorities law  is  amended  by
adding a new subdivision 9 to read as follows:
  9.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE AUTHORITY AND ANY
OF ITS SUBSIDIARY CORPORATIONS SHALL ESTABLISH AND IMPLEMENT A HALF-FARE
RATE PROGRAM FOR LOW-INCOME RESIDENTS OF THE CITY WHO ARE EIGHTEEN YEARS
OF AGE OR OLDER AND YOUNGER THAN SIXTY-FIVE YEARS OF AGE.  FOR  PURPOSES
OF  THIS  SUBDIVISION, THE TERM "LOW-INCOME" SHALL MEAN AN ANNUAL INCOME
THAT IS BELOW THE FEDERAL POVERTY  LINE  AS  DETERMINED  BY  THE  UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO SUBDIVISION 2
OF  SECTION  9902  OF TITLE 42 OF THE UNITED STATES CODE.  THE HALF-FARE
RATE PROGRAM ESTABLISHED AND IMPLEMENTED PURSUANT  TO  THIS  SUBDIVISION
SHALL  INCLUDE  SUBWAY AND BUS SERVICE, EXCLUSIVE OF EXPRESS BUS SERVICE
DURING PEAK HOURS. SUCH HALF-RATE PROGRAM SHALL NOT BE MADE AVAILABLE TO
SUCH LOW-INCOME RESIDENTS OF THE CITY EIGHTEEN YEARS OF AGE OR OLDER AND
YOUNGER THAN SIXTY-FIVE YEARS OF AGE WHO ARE ELIGIBLE FOR THE  HALF-FARE
RATE PROGRAMS AVAILABLE TO SENIORS AND PEOPLE WITH DISABILITIES PURSUANT
TO SUBDIVISION TWO OR EIGHT OF THIS SECTION. UPON THE WRITTEN REQUEST OF

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

                                                           LBD13277-09-8

S. 6830--B                          2

THE  MAYOR  AND  IN  ACCORDANCE  WITH SUCH REQUEST, THE AUTHORITY OR ITS
SUBSIDIARY CORPORATIONS SHALL DELEGATE AUTHORITY TO THE CITY  TO  ASSIST
WITH  THE  ADMINISTRATION  OF SUCH HALF-FARE RATE PROGRAM, INCLUDING THE
ELIGIBILITY OF APPLICANTS.
  §  2.  The  public  authorities law is amended by adding a new section
1270-i to read as follows:
  § 1270-I. NEW YORK CITY DEDICATED PERSONAL INCOME TAX SURCHARGE  FUND.
1.  THE  AUTHORITY  SHALL  ESTABLISH A FUND TO BE KNOWN AS THE "NEW YORK
CITY DEDICATED PERSONAL INCOME TAX SURCHARGE FUND" WHICH SHALL  BE  KEPT
SEPARATE  FROM  AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE
AUTHORITY. THE FUND SHALL CONSIST OF A "TRANSIT INFRASTRUCTURE  IMPROVE-
MENT ACCOUNT" AND A "LOW-INCOME RESIDENT REDUCED FARE ACCOUNT."
  2.  THERE SHALL BE DEPOSITED INTO THE NEW YORK CITY DEDICATED PERSONAL
INCOME TAX SURCHARGE FUND THE MONEYS  TRANSFERRED  TO  THE  METROPOLITAN
TRANSPORTATION  AUTHORITY  FROM  THE  NEW YORK CITY TRANSITIONAL FINANCE
AUTHORITY PURSUANT TO SUBSECTION (E) OF SECTION THIRTEEN HUNDRED  FOUR-E
OF  THE  TAX LAW, AND ANY OTHER PROVISION OF LAW DIRECTING OR PERMITTING
THE DEPOSIT OF MONEYS IN SUCH FUND,  TO  BE  USED  EXCLUSIVELY  FOR  THE
FINANCING  OF  TRANSIT INFRASTRUCTURE IMPROVEMENTS AND REDUCED FARES FOR
LOW-INCOME RESIDENTS OF THE CITY OF NEW YORK.
  3. MONEYS IN THE TRANSIT INFRASTRUCTURE IMPROVEMENT ACCOUNT (A)  SHALL
BE  USED  TO  FUND CAPITAL PROJECTS THAT SATISFY THE FOLLOWING CRITERIA:
(I) DEFINED AS STATE OF GOOD REPAIR, NORMAL REPLACEMENT, OR AN AMERICANS
WITH DISABILITIES ACT RELATED  SYSTEM  IMPROVEMENT  WITHIN  THE  CAPITAL
PROGRAM  OF  THE  AUTHORITY;  AND  (II) INCLUDED IN ANY OF THE FOLLOWING
CATEGORIES WITHIN THE CAPITAL PROGRAM OF THE AUTHORITY:  NEW  YORK  CITY
TRANSIT AUTHORITY BUSES, SUBWAY CARS, TRACK, LINE EQUIPMENT, LINE STRUC-
TURES,  SIGNALS  AND  COMMUNICATIONS,  TRACTION  POWER, SHOPS AND YARDS,
DEPOTS, SERVICE VEHICLES,  PASSENGER  STATION  PROJECTS,  AS  NEEDED  TO
COMPLY  WITH  THE AMERICANS WITH DISABILITIES ACT, STATEN ISLAND RAILWAY
AND AUTHORITY BUS COMPANY PROJECTS; AND (B) MAY BE (I)  PLEDGED  BY  THE
AUTHORITY AS SECURITY FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDS
ISSUED  AFTER  JULY  FIRST,  TWO  THOUSAND  EIGHTEEN  TO FINANCE CAPITAL
PROJECTS THAT MEET THE CRITERIA IDENTIFIED  IN  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  INCLUDING  BONDS ISSUED TO REFUND SUCH BONDS AND (II) USED
FOR PAYMENT OF PRINCIPAL AND INTEREST ON SUCH BONDS, FUNDING OF RESERVES
REQUIRED IN CONNECTION WITH SUCH BONDS, AND  THE  PAYMENT  OF  COSTS  OF
ISSUANCE  RELATED  TO  SUCH  BONDS.  TO THE EXTENT MONEYS IN THE TRANSIT
INFRASTRUCTURE IMPROVEMENT ACCOUNT HAVE BEEN PLEDGED BY THE AUTHORITY TO
SECURE THE  PAYMENT  OF  PRINCIPAL  AND  INTEREST  ON  BONDS  AS  HEREIN
PROVIDED,  MONEYS  DEPOSITED  INTO  THE NEW YORK CITY DEDICATED PERSONAL
INCOME TAX SURCHARGE FUND SHALL FIRST  BE  DEPOSITED  INTO  THE  TRANSIT
INFRASTRUCTURE ACCOUNT TO THE EXTENT NECESSARY TO MAKE PAYMENTS PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION. AFTER MAKING SUCH PAYMENTS, MONEYS
DEPOSITED  IN  THE  TRANSIT  INFRASTRUCTURE IMPROVEMENT ACCOUNT SHALL BE
USED TO FUND PROJECTS THAT MEET THE CRITERIA IDENTIFIED IN PARAGRAPH (A)
OF THIS SUBDIVISION.
  4. THE STATE DOES HEREBY PLEDGE AND AGREE  WITH  THE  HOLDERS  OF  ANY
ISSUE  OF BONDS SECURED BY PLEDGE DESCRIBED IN PARAGRAPH (B) OF SUBDIVI-
SION THREE OF THIS SECTION THAT THE STATE WILL NOT LIMIT  OR  ALTER  THE
RIGHTS  HEREBY  VESTED  IN  THE METROPOLITAN TRANSPORTATION AUTHORITY TO
FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH  BONDHOLDERS  PURSUANT  TO
THIS TITLE, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS
OR  THE  SECURITY  FOR  SUCH  BONDS  UNTIL SUCH BONDS ARE FULLY PAID AND
DISCHARGED. NOTHING  CONTAINED  IN  THIS  SECTION  SHALL  BE  DEEMED  TO
RESTRICT  THE  RIGHT  OF THE STATE TO AMEND, MODIFY, REPEAL OR OTHERWISE

S. 6830--B                          3

ALTER STATUTES IMPOSING OR RELATING TO THE TAXES PAYABLE TO THE NEW YORK
CITY TRANSITIONAL FINANCE AUTHORITY PURSUANT TO SECTION THIRTEEN HUNDRED
THIRTEEN OF THE TAX LAW, BUT SUCH TAXES SHALL IN ALL EVENTS CONTINUE  TO
BE  SO  PAYABLE  SO  LONG AS ANY SUCH TAXES ARE IMPOSED. NOTHING IN THIS
SECTION SHALL BE DEEMED TO OBLIGATE THE STATE  TO  MAKE  ANY  ADDITIONAL
PAYMENTS  OR IMPOSE ANY TAXES TO SATISFY THE DEBT SERVICE OBLIGATIONS OF
THE METROPOLITAN TRANSPORTATION AUTHORITY.
  5. MONEYS IN THE LOW-INCOME RESIDENT REDUCED  FARE  ACCOUNT  SHALL  BE
USED  TO FUND THE HALF-FARE RATE PROGRAM FOR LOW-INCOME RESIDENTS OF THE
CITY OF NEW YORK PURSUANT TO SUBDIVISION NINE OF SECTION TWELVE  HUNDRED
FIVE OF THIS ARTICLE AND MAY BE USED FOR PAYMENT OF THE REASONABLE OPER-
ATING  COSTS  INCURRED  BY  THE  NEW YORK CITY TRANSIT AUTHORITY FOR THE
ADMINISTRATION OF THE HALF-FARE RATE PROGRAM, PROVIDED THAT NO MORE THAN
ONE PERCENT OF THE MONEYS DEPOSITED INTO THE LOW-INCOME RESIDENT REDUCED
FARE ACCOUNT PURSUANT TO SUBDIVISION SIX OF THIS SECTION SHALL  BE  USED
FOR SUCH COSTS.
  6.  THE  MONEYS DEPOSITED INTO THE FUND FROM THE NEW YORK CITY TRANSI-
TIONAL FINANCE AUTHORITY SHALL BE EQUALLY DIVIDED  BETWEEN  THE  TRANSIT
INFRASTRUCTURE  IMPROVEMENT  ACCOUNT AND THE LOW-INCOME RESIDENT REDUCED
FARE ACCOUNT.
  7. TWICE EACH CALENDAR YEAR, THE MAYOR OF THE CITY OF NEW  YORK  SHALL
CONDUCT  A  REVIEW  OF THE AMOUNT OF MONEYS DEPOSITED IN EACH OF THE TWO
ACCOUNTS. TO THE EXTENT SUCH REVIEW INDICATES THAT:
  A. THE MONEYS IN THE TRANSIT INFRASTRUCTURE  IMPROVEMENT  ACCOUNT  ARE
SUFFICIENT  TO  SATISFY THE REQUIREMENTS OF ANY DEBT SERVICE INCURRED IN
SUCH CALENDAR YEAR AS A RESULT OF OBLIGATIONS ISSUED AND SECURED  PURSU-
ANT  TO PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION, AND THE MONEYS
IN THE LOW-INCOME RESIDENT REDUCED  FARE  ACCOUNT  ARE  INSUFFICIENT  TO
SATISFY  THE TOTAL NEEDS OF THE LOW-INCOME RESIDENT REDUCED FARE PROGRAM
ESTABLISHED PURSUANT TO SUBDIVISION NINE OF SECTION TWELVE HUNDRED  FIVE
OF  THIS  ARTICLE,  THE  MAYOR  OF THE CITY OF NEW YORK, OR SUCH MAYOR'S
DESIGNEE, MAY DIRECT THE METROPOLITAN TRANSPORTATION AUTHORITY TO TRANS-
FER A  SPECIFIED  AMOUNT  OF  MONEYS  FROM  THE  TRANSIT  INFRASTRUCTURE
IMPROVEMENT ACCOUNT TO THE LOW-INCOME RESIDENT REDUCED FARE ACCOUNT; AND
  B.  THE  MONEYS  IN  THE  LOW-INCOME RESIDENT REDUCED FARE ACCOUNT ARE
SUFFICIENT TO SATISFY THE NEEDS OF THE HALF-FARE RATE PROGRAM  FOR  LOW-
INCOME  RESIDENTS OF THE CITY OF NEW YORK ESTABLISHED PURSUANT TO SUBDI-
VISION NINE OF SECTION TWELVE HUNDRED FIVE  OF  THIS  ARTICLE,  IN  SUCH
CALENDAR YEAR, THE MAYOR OF THE CITY OF NEW YORK, OR SUCH MAYOR'S DESIG-
NEE,  MAY DIRECT THE METROPOLITAN TRANSPORTATION AUTHORITY TO TRANSFER A
SPECIFIED AMOUNT OF MONEYS FROM THE  LOW-INCOME  RESIDENT  REDUCED  FARE
ACCOUNT TO THE TRANSIT INFRASTRUCTURE IMPROVEMENT ACCOUNT.
  §  3.  Subdivision 5 of section 2799-hh of the public authorities law,
as added by chapter 16 of the laws  of  1997,  is  amended  to  read  as
follows:
  5. Tax revenues received by the authority pursuant to section thirteen
hundred  thirteen of the tax law, together with any alternative revenues
received by the authority, shall be applied in the  following  order  of
priority:  first pursuant to the authority's contracts with bondholders,
then to pay the authority's operating expenses  not  otherwise  provided
for,  THEN TO A DEDICATED PERSONAL INCOME TAX SURCHARGE FUND PURSUANT TO
SUBSECTION (D) OF SECTION THIRTEEN HUNDRED FOUR-E OF THE TAX LAW IN  THE
AMOUNT  PROVIDED  FOR IN SUCH SECTION, and then pursuant to the authori-
ty's agreements with  the  city,  which  agreements  shall  require  the
authority  to  transfer  the  balance of such taxes not required to meet

S. 6830--B                          4

contractual or other  obligations  of  the  authority  to  the  city  as
frequently as practicable.
  §  4. The tax law is amended by adding a new section 1304-E to read as
follows:
  § 1304-E. TAX SURCHARGE FOR TRANSIT  INFRASTRUCTURE  IMPROVEMENTS  AND
REDUCED  FARES  FOR LOW-INCOME RESIDENTS OF THE CITY OF NEW YORK. (A) IN
ADDITION TO THE TAXES AUTHORIZED BY SUBSECTION (A) OF  SECTION  THIRTEEN
HUNDRED  ONE  OF  THIS  ARTICLE,  ANY CITY IMPOSING SUCH TAXES IS HEREBY
AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IMPOSING  IN  ANY
SUCH  CITY FOR EACH TAXABLE YEAR BEGINNING AFTER TWO THOUSAND SEVENTEEN,
A TAX SURCHARGE ON THE CITY TAXABLE  INCOME  OF  CERTAIN  CITY  RESIDENT
INDIVIDUALS, ESTATES AND TRUSTS.
  (B)  A TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION
SHALL BE DETERMINED AS FOLLOWS:
  (1) RESIDENT MARRIED INDIVIDUALS FILING  JOINT  RETURNS  AND  RESIDENT
SURVIVING  SPOUSES.  THE  TAX  SURCHARGE  UNDER THIS SECTION ON THE CITY
TAXABLE INCOME OF CERTAIN CITY RESIDENT MARRIED INDIVIDUALS WHO  MAKE  A
SINGLE  RETURN  JOINTLY  WITH  HIS OR HER SPOUSE UNDER SUBSECTION (B) OF
SECTION THIRTEEN HUNDRED SIX OF THIS ARTICLE AND  ON  THE  CITY  TAXABLE
INCOME OF CERTAIN CITY RESIDENT SURVIVING SPOUSES SHALL BE DETERMINED IN
ACCORDANCE WITH THE FOLLOWING TABLE:
  FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
  IF THE CITY TAXABLE INCOME IS:        THE TAX SURCHARGE IS:
  OVER $1,000,000                       .534% OF EXCESS OVER $1,000,000
  (2) RESIDENT HEADS OF HOUSEHOLDS. THE TAX SURCHARGE UNDER THIS SECTION
ON  THE CITY TAXABLE INCOME OF CERTAIN CITY RESIDENT HEADS OF HOUSEHOLDS
SHALL BE DETERMINED IN ACCORDANCE WITH THE FOLLOWING TABLE:
  FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
  IF THE CITY TAXABLE INCOME IS:           THE TAX SURCHARGE IS:
  OVER $750,000                            .534% OF EXCESS OVER $750,000
  (3)  RESIDENT  UNMARRIED  INDIVIDUALS,  RESIDENT  MARRIED  INDIVIDUALS
FILING  SEPARATE  RETURNS  AND  RESIDENT  ESTATES  AND  TRUSTS.  THE TAX
SURCHARGE UNDER THIS SECTION ON THE CITY TAXABLE INCOME OF CERTAIN  CITY
RESIDENT  INDIVIDUALS  WHO ARE NOT CITY RESIDENT MARRIED INDIVIDUALS WHO
MAKE A SINGLE RETURN JOINTLY WITH HIS OR HER SPOUSE UNDER SUBSECTION (B)
OF SECTION THIRTEEN HUNDRED SIX OF THIS ARTICLE OR CITY  RESIDENT  HEADS
OF  HOUSEHOLDS OR CITY RESIDENT SURVIVING SPOUSES, AND ON THE CITY TAXA-
BLE INCOME OF CERTAIN CITY RESIDENT ESTATES AND TRUSTS SHALL  BE  DETER-
MINED IN ACCORDANCE WITH THE FOLLOWING TABLE:
  FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
  IF THE CITY TAXABLE INCOME IS:           THE TAX SURCHARGE IS:
  OVER $500,000                            .534% OF EXCESS OVER $500,000
  (C)  A TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY OF THIS SECTION
SHALL BE ADMINISTERED AND COLLECTED IN THE  SAME  MANNER  AS  THE  TAXES
IMPOSED  PURSUANT  TO  THE  AUTHORITY  OF  THIS  ARTICLE, AND ALL OF THE
PROVISIONS OF THIS ARTICLE,  INCLUDING  SECTION  THIRTEEN  HUNDRED  TEN,
SHALL  APPLY  TO  THE TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHORITY OF
THIS SECTION.
  (D) SUBJECT TO THE PRIORITY OF PAYMENTS IDENTIFIED IN SECTION  TWENTY-
SEVEN HUNDRED NINETY-NINE-HH OF THE PUBLIC AUTHORITIES LAW, THE NEW YORK
CITY  TRANSITIONAL  FINANCE AUTHORITY SHALL TRANSFER TO THE METROPOLITAN
TRANSPORTATION AUTHORITY THE AMOUNT ESTIMATED BY THE MAYOR OF  THE  CITY
OF  NEW YORK TO BE THE AMOUNT RECEIVED BY THE NEW YORK CITY TRANSITIONAL
FINANCE AUTHORITY FROM THE TAX SURCHARGE IMPOSED PURSUANT TO THE AUTHOR-
ITY OF THIS SECTION, UP TO THE TOTAL AMOUNT  AVAILABLE  AFTER  DEDUCTING
FROM REVENUES RECEIVED BY THE NEW YORK CITY TRANSITIONAL FINANCE AUTHOR-

S. 6830--B                          5

ITY  PURSUANT  TO  THIS  SECTION  AND SUBSECTION (C) OF SECTION THIRTEEN
HUNDRED THIRTEEN OF THIS ARTICLE AMOUNTS TO BE PAID PURSUANT TO THE  NEW
YORK  CITY  TRANSITIONAL  FINANCE AUTHORITY'S CONTRACTS WITH BONDHOLDERS
AND  THE  NEW  YORK  CITY  TRANSITIONAL  FINANCE  AUTHORITY'S  OPERATING
EXPENSES NOT OTHERWISE PROVIDED FOR. AFTER THE MAYOR OF THE CITY OF  NEW
YORK HAS RECEIVED DATA FROM THE DEPARTMENT ALLOWING SUCH MAYOR TO DETER-
MINE THE ACTUAL AMOUNT OF REVENUES RECEIVED BY THE NEW YORK CITY TRANSI-
TIONAL  FINANCE  AUTHORITY  THAT  ARE  ATTRIBUTABLE TO THE TAX SURCHARGE
IMPOSED PURSUANT TO THE AUTHORITY OF  THIS  SECTION,  SUCH  MAYOR  SHALL
INFORM  THE  NEW YORK CITY TRANSITIONAL FINANCE AUTHORITY OF SUCH ACTUAL
AMOUNT, MINUS ANY ACTUAL OPERATING COSTS ASSUMED BY THE CITY OF NEW YORK
ATTRIBUTABLE TO THE HALF-FARE RATE PROGRAM PURSUANT TO SUBDIVISION  NINE
OF  SECTION  TWELVE  HUNDRED FIVE OF THE PUBLIC AUTHORITIES LAW, AND THE
NEW YORK CITY TRANSITIONAL  FINANCE  AUTHORITY  SHALL  ADJUST  THE  NEXT
PAYMENT TO BE MADE TO THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT
TO  THIS  SECTION  TO  REFLECT ANY DIFFERENCE BETWEEN SUCH ACTUAL AMOUNT
MINUS SUCH OPERATING COSTS AND THE ESTIMATE PREVIOUSLY PROVIDED BY  SUCH
MAYOR.
  (E)  ANY  REVENUES  TRANSFERRED  TO  THE  METROPOLITAN  TRANSPORTATION
AUTHORITY PURSUANT TO SUBSECTION (D) OF THIS SECTION SHALL BE PAID  INTO
A  DEDICATED  PERSONAL  INCOME TAX SURCHARGE FUND TO BE USED EXCLUSIVELY
FOR THE FINANCING OF TRANSIT  INFRASTRUCTURE  IMPROVEMENTS  AND  REDUCED
FARES  FOR  LOW-INCOME  RESIDENTS  OF THE CITY OF NEW YORK IN ACCORDANCE
WITH THE PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-I  OF  THE  PUBLIC
AUTHORITIES  LAW.  SUCH  REVENUES  SHALL  ONLY  SUPPLEMENT AND SHALL NOT
SUPPLANT ANY FEDERAL, STATE, OR LOCAL FUNDS EXPENDED BY THE METROPOLITAN
TRANSPORTATION AUTHORITY FOR NEW YORK CITY TRANSIT AUTHORITY, THE METRO-
POLITAN TRANSPORTATION AUTHORITY BUS  COMPANY  OR  STATEN  ISLAND  RAPID
TRANSIT  OPERATING  AUTHORITY PROJECTS, AND SHALL NOT AFFECT ANY PAYMENT
BY THE CITY OF NEW YORK PURSUANT TO AGREEMENTS RELATING TO THE METROPOL-
ITAN TRANSPORTATION AUTHORITY BUS COMPANY AND STATEN ISLAND RAPID TRANS-
IT OPERATING AUTHORITY.
  § 5. Paragraphs 1 and 2 of subsection (e) of section 1310 of  the  tax
law, as added by chapter 481 of the laws of 1997, are amended to read as
follows:
  (1)  Notwithstanding  any  other provision of law to the contrary, any
city imposing  a  tax  under  this  article  is  hereby  authorized  and
empowered  to  adopt and amend local laws for any taxable year beginning
after nineteen hundred ninety-seven, as specified in  such  local  laws,
providing  for  a credit as provided in paragraph two of this subsection
against the taxes imposed pursuant to the authority granted  by  section
thirteen  hundred  one of this article on the city taxable income deter-
mined pursuant to  sections  thirteen  hundred  four,  thirteen  hundred
four-A  [and],  thirteen  hundred  four-B AND THIRTEEN HUNDRED FOUR-E of
this article and on the ordinary income portion of a lump  sum  distrib-
ution  determined  pursuant  to  section  thirteen hundred one-B of this
article, to any city resident individual, estate  or  trust  whose  city
adjusted gross income includes income, gain, loss or deductions from one
or  more unincorporated businesses conducted by such city resident indi-
vidual, estate or trust on which a tax is imposed  by  chapter  five  of
title  eleven  of  the administrative code of the city of New York, or a
distributive share of income, gain, loss and deductions of,  or  guaran-
teed  payments  from, one or more partnerships on which a tax is imposed
by such chapter. Any such local laws may contain  provisions  to  ensure
that  such credit shall not reduce the tax paid by a city resident below

S. 6830--B                          6

that which would be paid by such city resident  if  such  city  resident
were a city nonresident.
  (2)  (A)  Subject  to  the limitation set forth in subparagraph (B) of
this paragraph, the credit allowed to a  taxpayer  for  a  taxable  year
shall be equal to all or a portion of the amount determined in paragraph
three  of  this subsection, provided, however, such portion shall not be
less than:
  (i) If the city taxable income is forty-two thousand dollars or  less,
sixty-five  percent  of the amount determined in paragraph three of this
subsection.
  (ii) If the city taxable income is  greater  than  forty-two  thousand
dollars  but  not greater than one hundred forty-two thousand dollars, a
percentage  of  the  amount  determined  in  paragraph  three  of   this
subsection  to be determined by subtracting from sixty-five percent, one
tenth of a percentage point (.001) for every increment  of  two  hundred
dollars, or fractional part thereof, of city taxable income in excess of
forty-two thousand dollars.
  (iii) If the city taxable income is greater than one hundred forty-two
thousand  dollars, fifteen percent of the amount determined in paragraph
three of this subsection.
  (B) Notwithstanding anything to the contrary in  subparagraph  (A)  of
this  paragraph,  the  credit  allowed  to a taxpayer for a taxable year
under this subsection shall not exceed the sum of the taxes  that  would
otherwise  be imposed on such taxpayer for such taxable year pursuant to
the authority granted by section thirteen hundred one of this article on
the city taxable income determined pursuant to sections thirteen hundred
four, thirteen hundred four-A [and], thirteen hundred four-B  AND  THIR-
TEEN  HUNDRED  FOUR-E of this article and on the ordinary income portion
of a lump sum  distribution  determined  pursuant  to  section  thirteen
hundred  one-B  of  this article, reduced by the credits allowed to such
taxpayer pursuant to subsections (a), (c) and (d) of this section.
  § 6. The opening paragraph of subsection (c) of section  1313  of  the
tax  law, as amended by section 8 of part C of chapter 58 of the laws of
2005, is amended to read as follows:
  Subject to the provisions of subsection (g) of this section, the comp-
troller, after reserving such refund fund and such costs shall, commenc-
ing on or before the fifteenth day of each month, pay to  the  New  York
city  transitional  finance  authority  on  a daily basis the balance of
taxes imposed pursuant to the authority of this article or former  arti-
cle two-E of the general city law to be applied by the authority, in the
following order of priority: first pursuant to the authority's contracts
with  bondholders,  then  to  pay the authority's operating expenses not
otherwise  provided  for,  THEN  TO  A  DEDICATED  PERSONAL  INCOME  TAX
SURCHARGE  FUND  PURSUANT  TO SUBSECTION (D) OF SECTION THIRTEEN HUNDRED
FOUR-E OF THIS ARTICLE and then pursuant to the  authority's  agreements
with  the city, which agreements shall require the authority to transfer
the balance of such taxes not required  to  meet  contractual  or  other
obligations  of  the authority to the city as frequently as practicable;
except that the comptroller shall:
  § 7. The administrative code of the city of New  York  is  amended  by
adding a new section 11-1704.2 to read as follows:
  §  11-1704.2 TAX SURCHARGE FOR TRANSIT INFRASTRUCTURE IMPROVEMENTS AND
REDUCED FARES FOR LOW-INCOME RESIDENTS OF THE CITY. (A) IN  ADDITION  TO
THE TAXES IMPOSED BY SECTIONS 11-1701, 11-1703, 11-1704 AND 11-1704.1 OF
THIS SUBCHAPTER, THERE IS HEREBY IMPOSED FOR EACH TAXABLE YEAR BEGINNING

S. 6830--B                          7

AFTER TWO THOUSAND SEVENTEEN, A TAX SURCHARGE ON THE CITY TAXABLE INCOME
OF CERTAIN CITY RESIDENT INDIVIDUALS, ESTATES AND TRUSTS.
  (B) THE TAX SURCHARGE IMPOSED PURSUANT TO THIS SECTION SHALL BE DETER-
MINED AS FOLLOWS:
  (1)  RESIDENT  MARRIED  INDIVIDUALS  FILING JOINT RETURNS AND RESIDENT
SURVIVING SPOUSES. THE TAX SURCHARGE UNDER  THIS  SECTION  ON  THE  CITY
TAXABLE  INCOME  OF CERTAIN CITY RESIDENT MARRIED INDIVIDUALS WHO MAKE A
SINGLE RETURN JOINTLY WITH HIS OR HER SPOUSE UNDER  SUBDIVISION  (B)  OF
SECTION  11-1751  OF  THIS  CHAPTER  AND  ON  THE CITY TAXABLE INCOME OF
CERTAIN CITY RESIDENT SURVIVING SPOUSES SHALL BE DETERMINED  IN  ACCORD-
ANCE WITH THE FOLLOWING TABLE:
  FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
  IF THE CITY TAXABLE INCOME IS:        THE TAX SURCHARGE IS:
  OVER $1,000,000                       .534% OF EXCESS OVER $1,000,000
  (2) RESIDENT HEADS OF HOUSEHOLDS. THE TAX SURCHARGE UNDER THIS SECTION
ON  THE CITY TAXABLE INCOME OF CERTAIN CITY RESIDENT HEADS OF HOUSEHOLDS
SHALL BE DETERMINED IN ACCORDANCE WITH THE FOLLOWING TABLE:
  FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
  IF THE CITY TAXABLE INCOME IS:           THE TAX SURCHARGE IS:
  OVER $750,000                            .534% OF EXCESS OVER $750,000
  (3)  RESIDENT  UNMARRIED  INDIVIDUALS,  RESIDENT  MARRIED  INDIVIDUALS
FILING  SEPARATE  RETURNS  AND  RESIDENT  ESTATES  AND  TRUSTS.  THE TAX
SURCHARGE UNDER THIS SECTION ON THE CITY TAXABLE INCOME OF CERTAIN  CITY
RESIDENT  INDIVIDUALS  WHO ARE NOT CITY RESIDENT MARRIED INDIVIDUALS WHO
MAKE A SINGLE RETURN JOINTLY WITH HIS OR HER  SPOUSE  UNDER  SUBDIVISION
(B)  OF SECTION 11-1751 OF THIS CHAPTER OR CITY RESIDENT HEADS OF HOUSE-
HOLDS OR CITY RESIDENT SURVIVING SPOUSES, AND ON THE CITY TAXABLE INCOME
OF CERTAIN CITY RESIDENT ESTATES  AND  TRUSTS  SHALL  BE  DETERMINED  IN
ACCORDANCE WITH THE FOLLOWING TABLE:
  FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND SEVENTEEN:
  IF THE CITY TAXABLE INCOME IS:           THE TAX SURCHARGE IS:
  OVER $500,000                            .534% OF EXCESS OVER $500,000
  (C) THE TAX SURCHARGE IMPOSED PURSUANT TO THIS SECTION SHALL BE ADMIN-
ISTERED  AND  COLLECTED IN THE SAME MANNER AS THE TAXES IMPOSED PURSUANT
TO SECTIONS 11-1701,  11-1703,  11-1704  AND  11-1704.1,  AND  SHALL  BE
DISTRIBUTED  IN  ACCORDANCE WITH SUBSECTION (D) OF SECTION 1304-E OF THE
TAX LAW, AND ALL OF THE PROVISIONS OF THIS  CHAPTER,  INCLUDING  SECTION
11-1706  OF  THIS  SUBCHAPTER,  AND SECTIONS 11-1721 AND 11-1773 OF THIS
CHAPTER, SHALL APPLY TO THE  TAX  SURCHARGE  IMPOSED  PURSUANT  TO  THIS
SECTION.
  §  8.  Paragraphs 1 and 2 of subdivision (c) of section 11-1706 of the
administrative code of the city of New York, as added by chapter 481  of
the  laws  of  1997, subparagraph (A) of paragraph 2 as amended by local
law number 35 of the city of New York for the year 2007, are amended  to
read as follows:
  (1)  A  city  resident individual, estate or trust whose city adjusted
gross income includes income, gain, loss or deductions from one or  more
unincorporated  businesses  conducted  by such city resident individual,
estate or trust that are subject to the tax imposed by chapter  five  of
this title, or a distributive share of income, gain, loss and deductions
of,  or  guaranteed  payments  from,  one  or more partnerships that are
subject to the tax imposed by such chapter, shall be allowed a credit as
provided in paragraph two of this subdivision against the tax  otherwise
due  under  sections  11-1701,  11-1703,  11-1704  [and],  11-1704.1 AND
11-1704.2 of this [chapter] SUBCHAPTER.

S. 6830--B                          8

  (2) (A) Subject to the limitation set forth  in  subparagraph  (B)  of
this  paragraph,  the  credit  allowed  to a taxpayer for a taxable year
under this subdivision shall be determined as follows:
  (i)  For  taxable  years beginning on or after January first, nineteen
hundred ninety-seven and before January first, two thousand seven:
  (I) If the city taxable income is forty-two thousand dollars or  less,
the credit shall be sixty-five percent of the amount determined in para-
graph three of this subdivision.
  (II)  If  the  city  taxable income is greater than forty-two thousand
dollars but not greater than one hundred forty-two thousand dollars, the
amount of the credit shall be a percentage of the amount  determined  in
paragraph three of this subdivision, such percentage to be determined by
subtracting  from  sixty-five  percent,  one-tenth of a percentage point
(.001) for every increment of two hundred dollars,  or  fractional  part
thereof, of city taxable income in excess of forty-two thousand dollars.
  (III) If the city taxable income is greater than one hundred forty-two
thousand  dollars,  the  credit  shall  be fifteen percent of the amount
determined in paragraph three of this subdivision.
  (ii) For taxable years beginning on or after January first, two  thou-
sand seven:
  (I)  If the city taxable income is forty-two thousand dollars or less,
the credit shall be one hundred percent  of  the  amount  determined  in
paragraph three of this subdivision.
  (II)  If  the  city  taxable income is greater than forty-two thousand
dollars but less than one hundred forty-two thousand dollars, the amount
of the credit shall be a percentage of the amount  determined  in  para-
graph  three  of  this  subdivision, such percentage to be determined by
subtracting  from  one  hundred  percent,  a  percentage  determined  by
subtracting  forty-two thousand dollars from city taxable income, divid-
ing the result by one hundred thousand dollars and multiplying by seven-
ty-seven percent.
  (III) If the city taxable income is  one  hundred  forty-two  thousand
dollars  or  greater,  the  credit  shall be twenty-three percent of the
amount determined in paragraph three of this subdivision.
  (B) Notwithstanding anything to the contrary in  subparagraph  (A)  of
this  paragraph,  the  credit  allowed  to a taxpayer for a taxable year
under this subdivision shall not exceed the sum of the taxes that  would
otherwise  be  imposed  by  sections  11-1701,  11-1703,  11-1704 [and],
11-1704.1 AND 11-1704.2 of this [chapter] SUBCHAPTER  on  such  taxpayer
for  such  taxable year after the allowance of any other credits allowed
by this section or section 11-1721 of this chapter.
  § 9. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and  effect  on  and after January 1, 2018;
provided that subdivision 9 of section 1205 of  the  public  authorities
law,  as  added by section one of this act, shall take effect January 1,
2019.

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The New York State Senate

senate Bill S6830B

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senate Bill S6830B

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Sponsored By

Michael Gianaris

Archive: Last Bill Status - In Senate Committee Transportation Committee

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