NY State Senate Bill 2019-S4989A

Senate Bill S4989A

2019-2020 Legislative Session

Relates to establishing a daily licensing fee on transportation network company drivers in N.Y. city

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
May 22, 2019	print number 4989a
May 22, 2019	amend and recommit to investigations and government operations
Apr 03, 2019	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2019-S4989 - Details

See Assembly Version of this Bill:: A3178
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§1292 & 1298, Tax L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10669
2021-2022: A923

2019-S4989 - Summary

Establishes a daily $5 licensing fee on transportation network company drivers and for each transportation network account a driver accesses; deposits such licensing fees into the MTA finance fund; imposes a civil penalty on transportation network companies who fail to collect and/or remit the required licensing fee.

2019-S4989 - Sponsor Memo

                                
 
BILL NUMBER: S4989

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the tax law, in relation to establish-
ing a daily licensing fee on transportation network company drivers in a
city with a population of one million or more

 
PURPOSE OR GENERAL IDEA OF BILL::  To amend section 1292 of the tax
law, by adding section 18 of part AAA of chapter 59 of the laws of 2019.

 
SUMMARY OF PROVISIONS::

Section 1 of the bill is amended to add subdivision (b)(1)Any TNC driver
authorized to drive in the city shall pay a per day licensing fee for
each TNC digital network, as defined by subdivision two of section
sixteen hundred ninety-one of the vehicle and traffic law, that such TNC
driver accesses for purposes of soliciting any pre arranged trips. Such
licensing fee shall be ten dollars per day per TNC digital network
accessed, and shall be valid for a twenty-four hour period, which shall
begin when a TNC digital network is accessed for purposes of soliciting
any pre arranged trips. In no case shall the licensing fee imposed by

this subdivision be passed along to passengers. (2)The licensing fee
collected pursuant to this subdivision shall be remitted to the metro-
politan transportation authority finance fund Established by section
twelve hundred seventy-h of the public authorities law, by a TNC on a
quarterly basis. (3) Any TNC who fails to collect and/or remit the
licensing fee pursuant to this subdivision shall be liable for a civil
penalty of not more than one thousand dollars for each violation, which
shall be recovered in a civil action brought by the attorney general.

Section 2 of the bill is amended by adding subsection (b), which reads
as follows: Notwithstanding subdivision (a) of this section, the fees
collected pursuant to subdivision (b) of section twelve hundred ninety-
two of this article shall be deposited into the metropolitan transporta-
tion authority finance fund established by section twelve hundred seven-
ty-h of public authorities law.

Section 3 sets the effective date.

 
JUSTIFICATION::

The streets of New York City are facing an increasingly alarming
congestion problem. One of the factors contributing to this problem is
the amount of for-hire vehicles on the road. Drivers who work for trans-
portation network companies often work for more than one in order to
increase their profits for a day's work, meaning that some drivers use
multiple apps such as Uber, Lyft, Juno, etc. This bill would impose a
ten dollar fee on a driver each day per digital network accessed. The
revenue collected from this fee would be remitted to the metropolitan
transportation authority finance fund, and would be used for improve-
ments to the city's public transportation system.

 
PRIOR LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE::

This act shall take effect on the thirtieth day after it shall have
become a law.

2019-S4989 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4989
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law, in relation to establishing a daily licens-
   ing  fee  on  transportation  network company drivers in a city with a
   population of one million or more

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1292 of the tax law, as added by section 18 of part
 AAA of chapter 59 of the laws of 2017, is amended to read as follows:
   §  1292.  Imposition. (A) There is hereby imposed on every TNC a state
 assessment fee of 4% of the gross trip fare  of  every  TNC  prearranged
 trip  provided by such TNC that originates anywhere in the state outside
 the city and terminates anywhere in this state.
   (B)(1) ANY TNC DRIVER AUTHORIZED TO DRIVE IN THE CITY SHALL PAY A  PER
 DAY  LICENSING  FEE FOR EACH TNC DIGITAL NETWORK, AS DEFINED BY SUBDIVI-
 SION TWO OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND  TRAF-
 FIC  LAW,  THAT  SUCH TNC DRIVER ACCESSES FOR PURPOSES OF SOLICITING ANY
 PREARRANGED TRIPS.  SUCH LICENSING FEE SHALL BE TEN DOLLARS PER DAY  PER
 TNC  DIGITAL NETWORK ACCESSED, AND SHALL BE VALID FOR A TWENTY-FOUR HOUR
 PERIOD, WHICH SHALL BEGIN WHEN A TNC DIGITAL  NETWORK  IS  ACCESSED  FOR
 PURPOSES  OF  SOLICITING  ANY  PREARRANGED TRIPS.   IN NO CASE SHALL THE
 LICENSING FEE IMPOSED BY THIS SUBDIVISION BE PASSED ALONG TO PASSENGERS.
   (2) THE LICENSING FEE COLLECTED PURSUANT TO THIS SUBDIVISION SHALL  BE
 REMITTED  TO  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  FINANCE FUND
 ESTABLISHED BY SECTION TWELVE HUNDRED SEVENTY-H OF THE  PUBLIC  AUTHORI-
 TIES LAW, BY A TNC ON A QUARTERLY BASIS.
   (3) ANY TNC WHO FAILS TO COLLECT AND/OR REMIT THE LICENSING FEE PURSU-
 ANT  TO THIS SUBDIVISION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION, WHICH SHALL  BE  RECOVERED
 IN A CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01998-01-9

 S. 4989                             2
 
   §  2.  Section 1298 of the tax law, as added by section 18 of part AAA
 of chapter 59 of the laws of 2017, is amended to read as follows:
   §  1298.  Deposit  and  disposition  of  revenue. (A) All taxes, fees,
 interest and penalties collected or received by the  commissioner  under
 this  article  shall  be  deposited  and  disposed  of  pursuant  to the
 provisions of section one hundred seventy-one-a of this chapter.
   (B) NOTWITHSTANDING SUBDIVISION (A) OF  THIS  SECTION,  THE  LICENSING
 FEES  COLLECTED  PURSUANT  TO  SUBDIVISION (B) OF SECTION TWELVE HUNDRED
 NINETY-TWO OF THIS ARTICLE SHALL BE REMITTED TO THE METROPOLITAN  TRANS-
 PORTATION  AUTHORITY  FINANCE FUND ESTABLISHED BY SECTION TWELVE HUNDRED
 SEVENTY-H OF THE PUBLIC AUTHORITIES LAW.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

2019-S4989A (ACTIVE) - Details

See Assembly Version of this Bill:: A3178
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §§1292 & 1298, Tax L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10669
2021-2022: A923

2019-S4989A (ACTIVE) - Summary

2019-S4989A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4989A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the tax law, in relation to establish-
ing a daily licensing fee on transportation network company drivers in a
city with a population of one million or more

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend section 1292 of the tax law, by adding section 18 of part AAA
of chapter 59 of the laws of 2019.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill is amended to add subdivision (b)(1). Part (i)
states any TNC driver authorized to drive in the city shall pay a per
day licensing fee for each TNC digital network, as defined by subdivi-
sion two of section sixteen hundred ninety-one of the vehicle and traf-
fic law, that such TNC driver accesses for purposes of soliciting any
prearranged trips.  Such licensing fee shall be five dollars per day per
TNC digital network accessed, and shall be valid for a twenty-four hour

period, which shall begin when a TNC digital network is accessed for
purposes of soliciting any prearranged trips. (ii) A Five dollar fee
shall also be placed on the TNC digital network with which the driver is
accessing. In no case shall the licensing fee imposed by this subdivi-
sion be passed along to passengers. (2) The licensing fee collected
pursuant to this subdivision shall be remitted to the metropolitan
transportation authority finance fund Established by section twelve
hundred seventy-h of the public authorities law, by a TNC on a quarterly
basis. (3) Any TNC who fails to collect and/or remit the licensing fee
pursuant to this subdivision shall be liable for a civil penalty of not
more than one thousand dollars for e ach violation, which shall be
recovered in a civil action brought by the attorney general.

Section 2 of the bill is amended by adding subsection (b), which reads
as follows: Notwithstanding subdivision (a) of this section, the fees
collected pursuant to subdivision (b) of section twelve hundred ninety-
two of this article shall be deposited into the metropolitan transporta-
tion authority finance fund established by section twelve hundred seven-
ty-h of public authorities law.

Section 3 sets the effective date.

 
JUSTIFICATION:

The streets of New York City are facing an increasingly alarming
congestion problem. One of the factors contributing to this problem is
the amount of for-hire vehicles on the road. Drivers who work for trans-
portation network companies often work for more than one in order to
increase their profits for a day's work, meaning that some drivers use
multiple apps such as Uber, Lyft, Juno, etc. This bill would impose a
five dollar fee on a driver each day per digital network accessed. The
revenue collected from this fee would be remitted to the metropolitan
transportation authority finance fund, and would be used for improve-
ments to the city's public transportation system.

 
PRIOR LEGISLATIVE HISTORY:

A.10669 of 2017-18
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2019-S4989A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4989--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment   Operations  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the tax law, in relation to establishing a daily licens-
   ing fee on transportation network company drivers in  a  city  with  a
   population of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1292 of the tax law, as added by section 18 of part
 AAA of chapter 59 of the laws of 2017, is amended to read as follows:
   § 1292. Imposition. (A) There is hereby imposed on every TNC  a  state
 assessment  fee  of  4%  of the gross trip fare of every TNC prearranged
 trip provided by such TNC that originates anywhere in the state  outside
 the city and terminates anywhere in this state.
   (B)(1)(I)  ANY  TNC DRIVER AUTHORIZED TO DRIVE IN THE CITY SHALL PAY A
 PER DAY LICENSING FEE FOR EACH TNC DIGITAL NETWORK, AS DEFINED BY SUBDI-
 VISION TWO OF SECTION SIXTEEN HUNDRED  NINETY-ONE  OF  THE  VEHICLE  AND
 TRAFFIC  LAW,  THAT  SUCH TNC DRIVER ACCESSES FOR PURPOSES OF SOLICITING
 ANY PREARRANGED TRIPS WHICH SHALL  BE  FIVE  DOLLARS  PER  DAY  PER  TNC
 DIGITAL NETWORK ACCESSED AND SHALL BE VALID FOR A TWENTY-FOUR HOUR PERI-
 OD,  WHICH  SHALL  BEGIN  WHEN  A  TNC  DIGITAL  NETWORK IS ACCESSED FOR
 PURPOSES OF SOLICITING ANY PREARRANGED TRIPS.   IN  NO  CASE  SHALL  THE
 LICENSING FEE IMPOSED BY THIS SUBDIVISION BE PASSED ALONG TO PASSENGERS.
   (II)  ANY  TNC  DIGITAL NETWORK ACCESSED BY A TNC DRIVER AUTHORIZED TO
 DRIVE IN THE CITY SHALL PAY A PER DAY LICENSING FEE WHICH SHALL BE  FIVE
 DOLLARS  PER DAY AND SHALL BE VALID FOR A TWENTY-FOUR HOUR PERIOD, WHICH
 SHALL BEGIN WHEN THE TNC DIGITAL NETWORK IS ACCESSED BY THE  DRIVER  FOR
 THE PURPOSES OF SOLICITING PREARRANGED TRIPS.
   (2)  THE LICENSING FEE COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE
 REMITTED TO  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  FINANCE  FUND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01998-05-9

 S. 4989--A                          2
 
 ESTABLISHED  BY  SECTION TWELVE HUNDRED SEVENTY-H OF THE PUBLIC AUTHORI-
 TIES LAW, BY A TNC ON A QUARTERLY BASIS.
   (3) ANY TNC WHO FAILS TO COLLECT AND/OR REMIT THE LICENSING FEE PURSU-
 ANT  TO THIS SUBDIVISION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION, WHICH SHALL  BE  RECOVERED
 IN A CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL.
   §  2.  Section 1298 of the tax law, as added by section 18 of part AAA
 of chapter 59 of the laws of 2017, is amended to read as follows:
   § 1298. Deposit and disposition  of  revenue.  (A)  All  taxes,  fees,
 interest  and  penalties collected or received by the commissioner under
 this article  shall  be  deposited  and  disposed  of  pursuant  to  the
 provisions of section one hundred seventy-one-a of this chapter.
   (B)  NOTWITHSTANDING  SUBDIVISION  (A)  OF THIS SECTION, THE LICENSING
 FEES COLLECTED PURSUANT TO SUBDIVISION (B)  OF  SECTION  TWELVE  HUNDRED
 NINETY-TWO  OF THIS ARTICLE SHALL BE REMITTED TO THE METROPOLITAN TRANS-
 PORTATION AUTHORITY FINANCE FUND ESTABLISHED BY SECTION  TWELVE  HUNDRED
 SEVENTY-H OF THE PUBLIC AUTHORITIES LAW.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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