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S5861Senate2009-2010 SessionSame asA9500

Relates to transportation service

Sponsor Martin Malavé DilanSD-17Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Sponsors

Primary sponsor
Martin Malavé Dilan

Senator · Senate District 17

No co-sponsors yet.

History

  1. Referred to investigations and government operations
  2. Print number 5861b
  3. Amend and recommit to rules
  4. Recommitted to rules
  5. Ordered to third reading cal.952
  6. Print number 5861a
  7. Amend and recommit to rules
  8. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9500Assembly

Relates to transportation service

In Assembly Committee · Ways And Means · Sponsor Adriano Espaillat

Full text

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

Sponsor's memo

Title of bill

An act to amend the tax law, in relation to 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). Additionally, this measure will exclude black car service from the transportation service tax.

Summary of specific provisions

Adds livery and black car service, 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 under served 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.

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.

Black car service plays an integral role in a stressed transportation system. The imposition of the transportation service tax places an undue burden upon black car service and concurrently those who seek their services.

Prior legislative history

New bill.

Fiscal implications

This bill represents no financial impact on the state due to the fact that all revenue calculations had not included NYC Liveries. The reduction of revenues experienced by black car service's exemption from the transportation service tax is being determined.

Effective date

This act shall take effect immediately and shall apply to receipts received on or after June 1, 2009.

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