S510-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S510-2013 Memo

BILL NUMBER:S510

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 are 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.

S510-2013 Text

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

                                     510

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced by Sen. ESPAILLAT -- 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.
                                                             LBD01808-01-3