S1225-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 6, 2011: REFERRED TO TRANSPORTATION

S1225-2011 Memo

BILL NUMBER:S1225

TITLE OF BILL:
An act
to amend the transportation law and the public authorities law, in
relation to capping fares for paratransit transportation

PURPOSE OR GENERAL IDEA OF BILL:
To ensure fares for paratransit
transportation arc set no higher than fares for transportation of
non-disabled adults

SUMMARY OF SPECIFIC PROVISIONS:
This bill would establish the following provisions:

- Language added to clause (a) of subparagraph 4 of paragraph a of
subdivision 5 of section 15-b of the transportation law to prevent
paratransit fares from surpassing base fares for transportation of
non-disabled adults
- Language added to section 1266 of public
authorities law providing this same fare limitation
- Act taking effect immediately

JUSTIFICATION:
Title II of the federal Americans with
Disabilities Act
(ADA) prohibits discrimination against people with disabilities in
the provision of transportation services.
Authorization of transit fares for people with disabilities at a level
higher than those for nondisabled citizens is discriminatory. To
prevent this practice, when the MTA began operating its paratransit
service, Access-A-Ride, the federal government entered into a
memorandum or understanding with the MTA including an agreement
never to impose a fare for paratransit riders at a rate higher than
the regular fare charged to non-disabled riders. Despite this, in its
2009-10 proposed budget, the MTA proposed to raise the fare for
paratransit above the fare for regular users. This legislation
clarifies the principle of non-discrimination.

PRIOR LEGISLATIVE HISTORY:
2009:  S.2933 (Duane) Died in Finance; A.6489 (Kellner) Died in
Ways & Means
2010:  S.2933 (Duane) Passed Senate; A.6489 (Kellner) Died in
Ways & Means

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S1225-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1225

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Transportation

  AN ACT to amend the transportation law and the public  authorities  law,
    in relation to capping fares for paratransit transportation

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Clause (a) of subparagraph 4 of paragraph a of  subdivision
  5  of section 15-b of the transportation law, as added by chapter 498 of
  the laws of 1984, is amended to read as follows:

    (a) Fares, and other charges for paratransit transportation. In deter-
  mining such fares and other charges the  committee  shall  consider  the
  nature of such services, the cost and expense of maintaining paratransit
  facilities  in  good  condition and repair and the capital and operating
  expenses of the contractor. Fares for paratransit  transportation  shall
  be  set  at  levels  based  on  the  criteria set forth in this section;
  PROVIDED THAT FARES FOR PARATRANSIT TRANSPORTATION SHALL BE SET NO HIGH-
  ER THAN THE BASE FARES FOR TRANSPORTATION OF NON-DISABLED ADULTS UTILIZ-
  ING THE TRANSIT SYSTEM;
    S 2. Section 1266 of the public authorities law is amended by adding a
  new subdivision 15-a to read as follows:

    15-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF  ANY
  CONTRACT,  THE AUTHORITY SHALL NOT SET FARES FOR PARATRANSIT TRANSPORTA-
  TION HIGHER THAN THE  BASE  FARES  FOR  TRANSPORTATION  OF  NON-DISABLED
  ADULTS UTILIZING THE TRANSIT SYSTEM.
    S 3. This act shall take effect immediately.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00496-01-1