Bill Text: NY S03460 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the livery and taxi safety act; provides for black box credit.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S03460 Detail]
Download: New_York-2013-S03460-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3460
2013-2014 Regular Sessions
I N S E N A T E
February 4, 2013
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
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-EIGHT 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07243-02-3
S. 3460 2
1 S 399-R. ELIGIBILITY. ANY TAXPAYER WHO PROVIDES A TAXICAB SERVICE AS
2 DEFINED IN SECTION ONE HUNDRED FORTY-EIGHT-A OF THIS CHAPTER, OR A
3 LIVERY SERVICE AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-E OF THIS
4 CHAPTER SHALL BE ALLOWED A CREDIT AS PROVIDED FOR IN SECTION
5 THIRTY-EIGHT OF THE TAX LAW.
6 S 399-S. COUNCIL ON LIVERY AND TAXI SAFETY. 1. THE COMMISSIONER IS
7 HEREBY AUTHORIZED AND DIRECTED TO CREATE THE COUNCIL ON LIVERY AND TAXI
8 SAFETY. SAID COUNCIL SHALL CONSIST OF SEVEN MEMBERS. ONE MEMBER EACH
9 SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
10 BLY, TEMPORARY PRESIDENT OF THE SENATE, MINORITY LEADER OF THE ASSEMBLY
11 AND MINORITY LEADER OF THE SENATE. THREE MEMBERS, INCLUDING THE CHAIR-
12 PERSON, SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE GOVERNOR.
13 PROVIDED, HOWEVER, THAT IF THE GOVERNOR OR ANY LEADER HAS NOT SUBMITTED
14 A RECOMMENDATION WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS ARTI-
15 CLE, THE AUTHORITY TO MAKE SUCH APPOINTMENT SHALL BE DELEGATED TO THE
16 COMMISSIONER AND MADE WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS
17 ARTICLE.
18 2. MEMBERS OF THE COUNCIL SHALL BE INDIVIDUALS KNOWLEDGEABLE IN THE
19 AREAS OF BLACK BOX TECHNOLOGY, TAXICAB AND LIVERY SERVICES, AND SAFETY
20 ISSUES PERTAINING TO PUBLIC TRANSPORTATION.
21 3. THE COUNCIL SHALL WORK WITH THE COMMISSIONER TO DEVELOP REGULATIONS
22 AND ESTABLISH STANDARDS THAT DEFINE AND DETERMINE DEVICES WHICH SHALL BE
23 ELIGIBLE FOR THE BLACK BOX TAX CREDIT AS DEFINED IN SECTION THIRTY-EIGHT
24 OF THE TAX LAW. FURTHER, THE COUNCIL SHALL DEVELOP STANDARDS FOR THE
25 INSTALLATION OF SAID DEVICES IN MOTOR VEHICLES.
26 4. MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT PAY BUT MAY RECEIVE
27 REIMBURSEMENT FOR REASONABLE AND NECESSARY EXPENSES INCURRED IN THE
28 PERFORMANCE OF COUNCIL RELATED ACTIVITIES.
29 5. THE COUNCIL SHALL SUBMIT ITS RECOMMENDATIONS TO THE COMMISSIONER
30 WITHIN NINETY DAYS OF THE FIRST OFFICIAL MEETING OF THE COUNCIL.
31 6. THE COUNCIL SHALL MEET AT LEAST ONCE EVERY TWO YEARS AFTER THE
32 COMMISSIONER TAKES ACTION ON ITS RECOMMENDATIONS.
33 7. THE COMMISSIONER SHALL IMPLEMENT, OR PROVIDE JUSTIFICATION FOR NOT
34 IMPLEMENTING, THE RECOMMENDATIONS OF THE COUNCIL WITHIN NINETY DAYS OF
35 RECEIPT.
36 8. UPON IMPLEMENTATION OF THE COUNCIL'S RECOMMENDATIONS, THE COMMIS-
37 SIONER SHALL: (A) BE DEEMED RESPONSIBLE FOR DETERMINING WHICH TYPE AND
38 MODEL OF DEVICES QUALIFY FOR THE TAX CREDIT; AND (B) DEVELOP, IMPLEMENT
39 AND MANAGE A REGISTRATION PROCESS FOR EACH TYPE OR MODEL OF DEVICE
40 CERTIFIED AS A BLACK BOX IN ACCORDANCE WITH THE ADOPTED RECOMMENDATIONS
41 OF THE COUNCIL.
42 S 2. The tax law is amended by adding a new section 38 to read as
43 follows:
44 S 38. BLACK BOX TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER
45 SUBJECT TO TAXATION UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER
46 WHO MEETS THE ELIGIBILITY CRITERIA ESTABLISHED IN SECTION THREE HUNDRED
47 NINETY-NINE-R OF THE VEHICLE AND TRAFFIC LAW, SHALL BE ALLOWED A CREDIT
48 AGAINST SUCH TAX LIABILITY. THE AMOUNT OF THE CREDIT SHALL CONSIST OF
49 TWENTY PERCENT OF THE RETAIL COST FOR THE PURCHASE AND INSTALLATION OF
50 THE BLACK BOX PURSUANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED
51 NINETY-NINE-S OF THE VEHICLE AND TRAFFIC LAW, NOT TO EXCEED ONE THOUSAND
52 DOLLARS.
53 (B) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION BLACK BOX SHALL MEAN
54 A MOTOR VEHICLE SAFETY DEVICE AS DEFINED IN SECTION THREE HUNDRED NINE-
55 TY-NINE-Q OF THE VEHICLE AND TRAFFIC LAW.
S. 3460 3
1 (C) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
2 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) SUBDIVI-
3 SION 46 OF SECTION 210; AND (2) SUBSECTION (VV) OF SECTION 606.
4 S 3. Section 210 of the tax law is amended by adding a new subdivision
5 46 to read as follows:
6 46. BLACK BOX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER ELIGIBLE
7 PURSUANT TO THE PROVISIONS OF SECTION THIRTY-EIGHT OF THIS CHAPTER SHALL
8 BE ALLOWED A TAX CREDIT COMPUTED AS PROVIDED FOR IN SUCH SECTION THIR-
9 TY-EIGHT AGAINST THE TAX LIABILITY IMPOSED BY THIS ARTICLE.
10 (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
11 FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
12 THAN THE HIGHER OF THE AMOUNTS PRESCRIBED IN PARAGRAPHS (C) AND (D) OF
13 SUBDIVISION ONE OF THIS SECTION. IF, HOWEVER, THE AMOUNT OF CREDIT
14 ALLOWABLE UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO
15 SUCH AMOUNT, ANY AMOUNT OF THE CREDIT NOT DEDUCTIBLE IN SUCH TAXABLE
16 YEAR MAY BE CARRIED OVER TO THE FOLLOWING YEAR OR YEARS, AND BE DEDUCTED
17 FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
18 S 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
19 of the tax law is amended by adding a new clause (xxxv) to read as
20 follows:
21 (XXXV) BLACK BOX CREDIT UNDER AMOUNT OF CREDIT FOR THE PURCHASE
22 SUBSECTION (VV). AND INSTALLATION OF QUALIFIED BLACK
23 BOXES UNDER SUBDIVISION FORTY-SIX
24 OF SECTION TWO HUNDRED TEN.
25 S 5. Section 606 of the tax law is amended by adding a new subsection
26 (vv) to read as follows:
27 (VV) BLACK BOX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER ELIGIBLE
28 PURSUANT TO SECTION THIRTY-EIGHT OF THIS CHAPTER SHALL BE ALLOWED A
29 CREDIT TO BE COMPUTED AS PROVIDED IN SUCH SECTION AGAINST THE TAX
30 IMPOSED BY ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER.
31 (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER
32 THIS SUBSECTION FOR ANY TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX LIABIL-
33 ITY FOR SUCH YEAR, SUCH EXCESS MAY BE CARRIED OVER TO THE FOLLOWING YEAR
34 OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR
35 YEARS.
36 S 6. Section 2336 of the insurance law is amended by adding a new
37 subsection (i) to read as follows:
38 (I) ANY SCHEDULE OF RATES OR RATING PLAN FOR MOTOR VEHICLE LIABILITY
39 AND COLLISION INSURANCE SUBMITTED TO THE SUPERINTENDENT THAT APPLIES TO
40 A TAXICAB AS DEFINED IN SECTION ONE HUNDRED FORTY-EIGHT-A OR LIVERY
41 SERVICE AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-E OF THE VEHICLE
42 AND TRAFFIC LAW SHALL PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUM
43 CHARGES, FOR ANY INSURED THAT HAS INSTALLED A BLACK BOX PURSUANT TO
44 REGULATIONS OF THE COMMISSIONER OF MOTOR VEHICLES.
45 S 7. This act shall take effect immediately and shall apply to taxable
46 years beginning on and after January 1, 2014.
