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A8939Assembly2009-2010 Session

Relates to the definition of transportation service

Sponsor Adriano EspaillatAD-72+2 co-sponsorsAffects Finance
Status
In Assembly Committee
Ways And Means
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Ways And Means

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Who cares

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Sponsors

Primary sponsor
Adriano Espaillat

Assembly Member · Assembly District 72

History

  1. Referred to ways and means
  2. Referred to ways and means

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A8939

Title of bill

An act to amend the tax law, in relation to the definition of transportation service

Purpose or general idea of bill

To provide a technical correction to the tax law. Contrary to legislative intent, NYC Livery transportation services were included in a new transportation service tax provision created in the 09-10 budget. This legislation corrects that error by specifically excluding from the sales tax those community car services defined as "Livery" and "Base Station" by the New York City Taxi and Limousine Commission (TLC).

SUMMARY OF SPECIFIC PROVISIONS; Adds livery, as defined by section 6-01 of the rules and regulations of the New York City taxi and limousine commission, to those transportation services to be excluded under paragraph 34 of subdivision (b) of section 1101 of the tax law.

Justification

The NYC TLC defines Livery and Base Station as community car services that serve as taxicabs for the outer boroughs and upper Manhattan. Over the years, the NYC Livery industry has developed into an industry that serves communities not serviced by yellow cabs. For these underserved communities, the lack of yellow cabs is a significant disadvantage that can prevent residents from attending simple day-to-day activities.

The similarities between Manhattan "Yellow" cabs and the NYC TLC-defined Livery cabs and Base Stations are numerous: from the need for outside markings, the display of licenses, insurance and the Passenger Bill of Rights, to the structure of fares, all of which Black Cars and Luxury Limousines are not required to adhere to.

The state legislature never intended for NYC TLC defined Liveries and Base Stations to be included in the new sales tax. Because of this error, the community based car services in New York City were grouped with a far more expansive definition of livery as provided by state law. This legislation corrects the misapplication of the New York State definition of livery.

Prior legislative history

New bill.

Fiscal implications

I IONS: This bill represents no financial impact on the state due to the fact that all revenue calculations had not included NYC Liveries

Effective date

Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.