Provides for a cap on fares for paratransit transportation.
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.
STATE OF NEW YORK ________________________________________________________________________ 510 2013-2014 Regular Sessions IN 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