Bill Text: NY S00640 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the livery and taxi safety act; provides for black box credit.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S00640 Detail]
Download: New_York-2011-S00640-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
640
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. GOLDEN, RANZENHOFER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion
AN ACT to amend the vehicle and traffic law, the tax law and the insur-
ance law, in relation to enacting the livery and taxi safety act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 article 12-D to read as follows:
3 ARTICLE 12-D
4 LIVERY AND TAXI SAFETY ACT
5 SECTION 399-P. SHORT TITLE.
6 399-Q. DEFINITION.
7 399-R. ELIGIBILITY.
8 399-S. COUNCIL ON LIVERY AND TAXI SAFETY.
9 S 399-P. SHORT TITLE. THIS ARTICLE MAY BE KNOWN AND SHALL BE CITED AS
10 THE "LIVERY AND TAXI SAFETY ACT".
11 S 399-Q. DEFINITION. FOR THE PURPOSES OF THIS ARTICLE AND THE TAX
12 CREDIT PROVIDED FOR IN SECTION THIRTY-FIVE OF THE TAX LAW, THE TERM
13 "BLACK BOX" SHALL BE DEFINED AS A DEVICE CERTIFIED AS A BLACK BOX BY THE
14 COMMISSIONER AND WHICH INCLUDES ONE OR MORE OF THE FOLLOWING FUNCTIONS:
15 1. VIDEO EVENT DATA RECORDER WHICH SHALL BE DEFINED AS A DEVICE WHICH
16 RECORDS AND PROVIDES DATA OF EVENTS, INCLUDING BUT NOT LIMITED TO A
17 COLLISION, SPEED OF THE VEHICLE, DIRECTION OF TRAVEL, LOCATION OF THE
18 EVENT, AND VIDEO FOOTAGE BOTH BEFORE AND AFTER THE EVENT;
19 2. REAL-TIME TRACKING USING GLOBAL POSITIONING SYSTEM OR OTHER SIMILAR
20 TECHNOLOGY; AND
21 3. ADVANCED DRIVER ASSISTANCE SYSTEMS THAT PROVIDE DRIVER NOTIFICATION
22 OF EVENTS SUCH AS SPEEDING, LANE DEPARTURE, POTENTIAL FOR COLLISION, AND
23 THE CAPABILITY TO MONITOR AND PROVIDE WARNING OF DISTANCE BETWEEN VEHI-
24 CLES AND OTHER POTENTIAL OBSTACLES.
25 S 399-R. ELIGIBILITY. ANY TAXPAYER WHO PROVIDES A TAXICAB SERVICE AS
26 DEFINED IN SECTION ONE HUNDRED FORTY-EIGHT-A OF THIS CHAPTER, OR A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04279-02-1
S. 640 2
1 LIVERY SERVICE AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-E OF THIS
2 CHAPTER SHALL BE ALLOWED A CREDIT AS PROVIDED FOR IN SECTION THIRTY-FIVE
3 OF THE TAX LAW.
4 S 399-S. COUNCIL ON LIVERY AND TAXI SAFETY. 1. THE COMMISSIONER IS
5 HEREBY AUTHORIZED AND DIRECTED TO CREATE THE COUNCIL ON LIVERY AND TAXI
6 SAFETY. SAID COUNCIL SHALL CONSIST OF SEVEN MEMBERS. ONE MEMBER EACH
7 SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
8 BLY, TEMPORARY PRESIDENT OF THE SENATE, MINORITY LEADER OF THE ASSEMBLY
9 AND MINORITY LEADER OF THE SENATE. THREE MEMBERS, INCLUDING THE CHAIR-
10 PERSON, SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE GOVERNOR.
11 PROVIDED, HOWEVER, THAT IF THE GOVERNOR OR ANY LEADER HAS NOT SUBMITTED
12 A RECOMMENDATION WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS ARTI-
13 CLE, THE AUTHORITY TO MAKE SUCH APPOINTMENT SHALL BE DELEGATED TO THE
14 COMMISSIONER AND MADE WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS
15 ARTICLE.
16 2. MEMBERS OF THE COUNCIL SHALL BE INDIVIDUALS KNOWLEDGEABLE IN THE
17 AREAS OF BLACK BOX TECHNOLOGY, TAXICAB AND LIVERY SERVICES, AND SAFETY
18 ISSUES PERTAINING TO PUBLIC TRANSPORTATION.
19 3. THE COUNCIL SHALL WORK WITH THE COMMISSIONER TO DEVELOP REGULATIONS
20 AND ESTABLISH STANDARDS THAT DEFINE AND DETERMINE DEVICES WHICH SHALL BE
21 ELIGIBLE FOR THE BLACK BOX TAX CREDIT AS DEFINED IN SECTION THIRTY-FIVE
22 OF THE TAX LAW. FURTHER, THE COUNCIL SHALL DEVELOP STANDARDS FOR THE
23 INSTALLATION OF SAID DEVICES IN MOTOR VEHICLES.
24 4. MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT PAY BUT MAY RECEIVE
25 REIMBURSEMENT FOR REASONABLE AND NECESSARY EXPENSES INCURRED IN THE
26 PERFORMANCE OF COUNCIL RELATED ACTIVITIES.
27 5. THE COUNCIL SHALL SUBMIT ITS RECOMMENDATIONS TO THE COMMISSIONER
28 WITHIN NINETY DAYS OF THE FIRST OFFICIAL MEETING OF THE COUNCIL.
29 6. THE COUNCIL SHALL MEET AT LEAST ONCE EVERY TWO YEARS AFTER THE
30 COMMISSIONER TAKES ACTION ON ITS RECOMMENDATIONS.
31 7. THE COMMISSIONER SHALL IMPLEMENT, OR PROVIDE JUSTIFICATION FOR NOT
32 IMPLEMENTING, THE RECOMMENDATIONS OF THE COUNCIL WITHIN NINETY DAYS OF
33 RECEIPT.
34 8. UPON IMPLEMENTATION OF THE COUNCIL'S RECOMMENDATIONS, THE COMMIS-
35 SIONER SHALL: (A) BE DEEMED RESPONSIBLE FOR DETERMINING WHICH TYPE AND
36 MODEL OF DEVICES QUALIFY FOR THE TAX CREDIT; AND (B) DEVELOP, IMPLEMENT
37 AND MANAGE A REGISTRATION PROCESS FOR EACH TYPE OR MODEL OF DEVICE
38 CERTIFIED AS A BLACK BOX IN ACCORDANCE WITH THE ADOPTED RECOMMENDATIONS
39 OF THE COUNCIL.
40 S 2. The tax law is amended by adding a new section 35 to read as
41 follows:
42 S 35. BLACK BOX TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER
43 SUBJECT TO TAXATION UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER
44 WHO MEETS THE ELIGIBILITY CRITERIA ESTABLISHED IN SECTION THREE HUNDRED
45 NINETY-NINE-R OF THE VEHICLE AND TRAFFIC LAW, SHALL BE ALLOWED A CREDIT
46 AGAINST SUCH TAX LIABILITY. THE AMOUNT OF THE CREDIT SHALL CONSIST OF
47 TWENTY PERCENT OF THE RETAIL COST FOR THE PURCHASE AND INSTALLATION OF
48 THE BLACK BOX PURSUANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED
49 NINETY-NINE-S OF THE VEHICLE AND TRAFFIC LAW, NOT TO EXCEED ONE THOUSAND
50 DOLLARS.
51 (B) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION BLACK BOX SHALL MEAN
52 A MOTOR VEHICLE SAFETY DEVICE AS DEFINED IN SECTION THREE HUNDRED NINE-
53 TY-NINE-Q OF THE VEHICLE AND TRAFFIC LAW.
54 (C) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
55 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) SUBDIVI-
56 SION 43 OF SECTION 210; AND (2) SUBSECTION (SS) OF SECTION 606.
S. 640 3
1 S 3. Section 210 of the tax law is amended by adding a new subdivision
2 43 to read as follows:
3 43. BLACK BOX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER ELIGIBLE
4 PURSUANT TO THE PROVISIONS OF SECTION THIRTY-FIVE OF THIS CHAPTER SHALL
5 BE ALLOWED A TAX CREDIT COMPUTED AS PROVIDED FOR IN SUCH SECTION THIR-
6 TY-FIVE AGAINST THE TAX LIABILITY IMPOSED BY THIS ARTICLE.
7 (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
8 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
9 THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS
10 SECTION. PROVIDED, HOWEVER, THAT IF THE AMOUNT OF THE CREDIT UNDER THIS
11 SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, THE
12 BALANCE OF THE CREDIT NOT APPLICABLE IN THAT TAXABLE YEAR MAY BE CARRIED
13 OVER TO THE IMMEDIATELY SUCCEEDING TAXABLE YEAR AND BE DEDUCTED FROM THE
14 TAX LIABILITY FOR THAT YEAR. THE EXCESS, IF ANY, OF THE CREDIT CARRIED
15 OVER SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
16 REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
17 EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
18 SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
19 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
20 S 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
21 of the tax law is amended by adding a new clause (xxxii) to read as
22 follows:
23 (XXXII) BLACK BOX CREDIT UNDER AMOUNT OF CREDIT FOR THE PURCHASE
24 SUBSECTION (SS). AND INSTALLATION OF QUALIFIED BLACK
25 BOXES UNDER SUBDIVISION FORTY-THREE
26 OF SECTION TWO HUNDRED TEN.
27 S 5. Section 606 of the tax law is amended by adding a new subsection
28 (ss) to read as follows:
29 (SS) BLACK BOX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER ELIGIBLE
30 PURSUANT TO SECTION THIRTY-FIVE OF THIS CHAPTER SHALL BE ALLOWED A CRED-
31 IT TO BE COMPUTED AS PROVIDED IN SUCH SECTION AGAINST THE TAX IMPOSED BY
32 ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER.
33 (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER
34 THIS SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX LIABIL-
35 ITY FOR SUCH YEAR, THE BALANCE OF THE CREDIT NOT APPLICABLE IN THAT
36 TAXABLE YEAR MAY BE CARRIED OVER TO THE IMMEDIATELY SUCCEEDING TAXABLE
37 YEAR AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX LIABILITY FOR THAT
38 YEAR. THE EXCESS, IF ANY, OF THE CREDIT CARRIED OVER SHALL BE TREATED AS
39 AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE
40 PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED,
41 HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
42 S 6. Section 2336 of the insurance law is amended by adding a new
43 subsection (i) to read as follows:
44 (I) ANY SCHEDULE OF RATES OR RATING PLAN FOR MOTOR VEHICLE LIABILITY
45 AND COLLISION INSURANCE SUBMITTED TO THE SUPERINTENDENT THAT APPLIES TO
46 A TAXICAB AS DEFINED IN SECTION ONE HUNDRED FORTY-EIGHT-A OR LIVERY
47 SERVICE AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-E OF THE VEHICLE
48 AND TRAFFIC LAW SHALL PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM
49 CHARGES, FOR ANY INSURED THAT HAS INSTALLED A BLACK BOX PURSUANT TO
50 REGULATIONS OF THE COMMISSIONER OF MOTOR VEHICLES.
51 S 7. This act shall take effect immediately and shall apply to taxable
52 years beginning on and after January 1, 2012.
