Bill Text: NY S04283 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to the transfer of funds into the metropolitan transportation authority aid trust account and the public transportation system operating assistance account.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04283 Detail]

Download: New_York-2021-S04283-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4283

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 3, 2021
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the tax law and the state finance law,  in  relation  to
          the  transfer  of funds into the metropolitan transportation authority
          aid trust account and the  public    transportation  system  operating
          assistance account

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 10 of subdivision (c) of section 1105 of the  tax
     2  law,  as  added  by  section  2 of part U-1 of chapter 57 of the laws of
     3  2009, is amended to read as follows:
     4    (10) Transportation service, whether  or  not  any  tangible  personal
     5  property  is  transferred  in  conjunction  therewith, and regardless of
     6  whether the charge is paid in this state or out of state so long as  the
     7  service is provided in this state.  For purposes of this section, trans-
     8  portation  service  shall  include  services  provided by transportation
     9  network companies.
    10    § 2. Subdivision 6 of section  92-ff  of  the  state  finance  law  is
    11  amended by adding a new paragraph (c) to read as follows:
    12    (c) The comptroller is hereby authorized and directed to transfer from
    13  the  general  fund  for  deposit  into  the  metropolitan transportation
    14  authority aid trust account, on or before  March  thirty-first  of  each
    15  year, an amount equal to the following:
    16    (i)  For the state fiscal year ending March thirty-first, two thousand
    17  twenty-one, ten million dollars;
    18    (ii) In each succeeding state fiscal year, the transfer  shall  ensure
    19  that   the  metropolitan  transportation  authority  aid  trust  account
    20  receives a sum equal to fifty percent of gross receipts of  state  sales
    21  and  compensating use taxes collected pursuant to section eleven hundred
    22  five of the tax law for transportation services provided by  transporta-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03084-01-1
        S. 4283                             2

     1  tion  network  companies  originating in any of the twelve counties that
     2  comprise the metropolitan transportation commuter  district  established
     3  pursuant  to  section twelve hundred sixty-two of the public authorities
     4  law,  in addition to the receipts collected under section twelve hundred
     5  eighty-one of the tax law. Provided,  however,  that  if  the  aggregate
     6  amount of revenues retained by the metropolitan transportation authority
     7  pursuant  to  paragraph ten of subdivision (c) of section eleven hundred
     8  five of the tax law and section twelve hundred eighty-one of the tax law
     9  is less than eighty-five million dollars,  then  the  comptroller  shall
    10  increase  the  percentage  of  state  sales  and  compensating use taxes
    11  retained by the metropolitan transportation authority until  it  retains
    12  no  less  than  eighty-five  million  dollars  for the state fiscal year
    13  ending March thirty-first, two thousand twenty-two.  Further, the  comp-
    14  troller  shall  increase the level of transfer from the general fund for
    15  subsequent state fiscal years to an amount equal to the product  of  the
    16  aggregate  amount  discussed  in  the previous sentence and one plus the
    17  consumer cost change factor. For  purposes  of  this  subparagraph,  the
    18  consumer  cost change factor is the percentage of change of the national
    19  consumer cost index for the most recent twelve month period relative  to
    20  the previous twelve month period.
    21    § 3. Subdivision 5 of section 88-a of the state finance law is amended
    22  by adding a new paragraph (d) to read as follows:
    23    (d)  The  comptroller  is  hereby  authorized and directed to transfer
    24  fifty percent of the gross receipts of state sales and compensating  use
    25  taxes  collected  pursuant to section eleven hundred five of the tax law
    26  on transportation services provided by transportation network  companies
    27  originating outside the metropolitan transportation commuter district to
    28  the  public  transportation  system  operating assistance account estab-
    29  lished under this subdivision. These transfers shall not be included for
    30  purposes of calculating the sales tax growth factor established in para-
    31  graph (c) of this  subdivision,  and  shall  supplement  the  additional
    32  transfers  indexed  to  the  sales tax growth factor required under this
    33  subdivision. Transfers provided under this paragraph shall not  be  used
    34  to offset reduced transfers under paragraph (c) of this subdivision.
    35    § 4. This act shall take effect immediately.