S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3178--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. CARROLL, ORTIZ, ENGLEBRIGHT, GOTTFRIED -- Multi-
   Sponsored by -- M. of A. COOK, EPSTEIN -- read once  and  referred  to
   the Committee on Ways and Means -- 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.
              

                                                            LBD01998-04-9

 A. 3178--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.