S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7341
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2021
                                ___________
 
 Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN  ACT  to  amend the tax law, in relation to processing fees resulting
   from credit card or other non-cash payments selected by passengers  of
   taxicabs and for-hire transportation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 1283 of the tax law  is  amended
 by adding a new paragraph 4 to read as follows:
   (4)  THE  SURCHARGE  IMPOSED  BY  THIS ARTICLE MUST BE PASSED ALONG TO
 PASSENGERS AND SEPARATELY STATED ON ANY RECEIPT THAT IS PROVIDED TO SUCH
 PASSENGERS, AND MAY INCLUDE, IF PERMITTED BY THE REGULATORY AGENCY,  ANY
 PROCESSING  FEES  RESULTING FROM A CREDIT CARD OR OTHER NON-CASH PAYMENT
 OPTION SELECTED BY SUCH PASSENGER. THE PASSING ALONG OF  SUCH  SURCHARGE
 SHALL  NOT BE CONSTRUED BY ANY COURT OR ADMINISTRATIVE BODY AS THE IMPO-
 SITION OF THE SURCHARGE ON THE PERSON OR ENTITY THAT PAYS FOR  THE  FOR-
 HIRE TRANSPORTATION TRIP.  ALL REGULATORY AGENCIES MUST ADJUST ANY FARES
 THAT  ARE  AUTHORIZED  BY  THEM TO INCLUDE THE SURCHARGE IMPOSED BY THIS
 ARTICLE, AND MAY ADJUST SUCH AUTHORIZED FARE TO INCLUDE  ANY  PROCESSING
 FEES IMPOSED ON THE PAYMENT OF SUCH SURCHARGE, AND MUST REQUIRE THAT ANY
 METER  OR  OTHER INSTRUMENT USED IN ANY FOR-HIRE VEHICLE REGULATED BY IT
 TO CALCULATE FARES BE ADJUSTED TO INCLUDE THE SURCHARGE AND ANY  ATTEND-
 ANT  FEES  WHERE  AUTHORIZED.  ANY PROCESSING FEES CHARGED TO PASSENGERS
 SHALL ALSO BE SEPARATELY STATED ON ANY RECEIPT PROVIDED TO PASSENGERS.
   § 2. Paragraph 1 of subdivision (b) of section 1299-b of the tax  law,
 as  added by section 2 of part NNN of chapter 59 of the laws of 2018, is
 amended to read as follows:
   (1) The surcharge imposed by this article  must  be  passed  along  to
 passengers and separately stated on any receipt that is provided to such
 passengers,  AND MAY INCLUDE, IF PERMITTED BY THE REGULATORY AGENCY, ANY
 PROCESSING FEES RESULTING FROM A CREDIT CARD OR OTHER  NON-CASH  PAYMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08595-01-1

 A. 7341                             2
 
 OPTION  SELECTED  BY SUCH PASSENGER. The passing along of such surcharge
 shall not be construed by any court or administrative body as the  impo-
 sition  of  the surcharge on the person or entity that pays for the for-
 hire  transportation trip. All regulatory agencies must adjust any fares
 that are authorized by them to include the  surcharge  imposed  by  this
 article,  AND  MAY ADJUST SUCH AUTHORIZED FARE TO INCLUDE ANY PROCESSING
 FEES IMPOSED ON THE PAYMENT OF SUCH SURCHARGE, and must require that any
 meter or other instrument used in any for-hire vehicle regulated  by  it
 to  calculate fares be adjusted to include the surcharge AND ANY ATTEND-
 ANT FEES WHERE AUTHORIZED. ANY PROCESSING  FEES  CHARGED  TO  PASSENGERS
 SHALL ALSO BE SEPARATELY STATED ON ANY RECEIPT PROVIDED TO PASSENGERS.
   §  3.  (a)  For  purposes  of this section, the term "surcharge" shall
 mean:
   (i) the taxicab improvement surcharge, the rush hour surcharge and the
 nighttime surcharge imposed on taxicab fares pursuant to  section  58-26
 of the rules of the city of New York; and
   (ii)  any  other surcharge imposed on taxicab or other for-hire trans-
 portation fares which is not specifically set forth in section  1283  or
 1299-b of the tax law, or in paragraph (i) of this subdivision.
   (b)  Notwithstanding  any law, rule or regulation to the contrary, any
 surcharge imposed upon a taxicab or for-hire transportation fare must be
 passed along to passengers and separately stated on any receipt that  is
 provided  to  such  passengers,  and  may  include,  if permitted by the
 authorizing regulatory agency, any  processing  fees  resulting  from  a
 credit card or other non-cash payment option selected by such passenger.
 The  passing  along  of any such surcharge shall not be construed by any
 court or administrative body as the imposition of any such surcharge  on
 the  person  or entity that pays for the taxicab or for-hire transporta-
 tion trip. All regulatory  agencies  must  adjust  any  fares  that  are
 authorized by them to include any surcharges imposed by the state or any
 other  governmental body, and may adjust such authorized fare to include
 any processing  fees  imposed  on  the  payment  of  such  surcharge  or
 surcharges,  and must require that any meter or other instrument used in
 any taxicab or for-hire vehicle regulated by it to  calculate  fares  be
 adjusted  to include such surcharge or surcharges and any attendant fees
 where authorized. Any processing fees charged to passengers  shall  also
 be separately stated on any receipt provided to passengers.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.