Bill Text: NY S05404 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to transportation accommodations for passengers with disabilities; requires compliance with the Americans with Disabilities Act of 1990 and indication for accommodations when requesting a ride; creates an on-demand vehicle accessibility fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-30 - REFERRED TO TRANSPORTATION [S05404 Detail]

Download: New_York-2019-S05404-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5404
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 30, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, the administrative code  of
          the  city of New York and the state finance law, in relation to trans-
          portation accommodation for passengers with disabilities
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (d) of subdivision 3 of section 1696 of the vehi-
     2  cle  and traffic law, as added by section 2 of part AAA of chapter 59 of
     3  the laws of 2017, is amended to read as follows:
     4    (d) A TNC shall implement and maintain a policy and an oversight proc-
     5  ess of providing accessibility to  passengers  or  potential  passengers
     6  with  a  disability, including any accommodations required by the Ameri-
     7  cans with Disabilities Act of 1990,  as  amended  and  accommodation  of
     8  service  animals  as such term is defined in section one hundred twenty-
     9  three-b of the agriculture and markets law and shall to the extent prac-
    10  ticable adopt findings established by the New York state TNC accessibil-
    11  ity task force adopted pursuant to section twenty-one of [the] part  AAA
    12  of  chapter fifty-nine of the laws of two thousand seventeen [that added
    13  this section]. A TNC shall implement and maintain  a  documented  policy
    14  and  oversight process for providing such accessibility. A TNC shall not
    15  impose additional charges for providing services to persons  with  phys-
    16  ical  disabilities  because  of  those disabilities, nor shall it impose
    17  additional charge  for  providing  services  to  persons  using  service
    18  animals,  and it shall make available on the mobile applications of such
    19  TNC, or in any other method provided by the TNC for requesting  service,
    20  the ability to indicate accommodations as required by the Americans with
    21  Disabilities Act of 1990 including accommodation of service animals.
    22    §  2.  The  administrative  code of the city of New York is amended by
    23  adding a new section 19-503.2 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06190-01-9

        S. 5404                             2
     1    § 19-503.2 Passengers  with  disabilities.  a.  The  commission  shall
     2  promulgate  rules and regulations which ensure for-hire vehicle services
     3  provide any accommodations required by the Americans  with  Disabilities
     4  Act of 1990, as amended.
     5    b.  The commission shall promulgate rules and regulations which ensure
     6  every for-hire vehicle service shall make available on the mobile appli-
     7  cation of such service or in any other method provided by  the  for-hire
     8  vehicle service for requesting service, the ability to indicate accommo-
     9  dations  as  required  by  the  Americans  with Disabilities Act of 1990
    10  including accommodation of service animals.
    11    § 3. Section 1693 of the vehicle and traffic law is amended by  adding
    12  a new subdivision 14 to read as follows:
    13    14. A TNC shall collect twenty cents per trip provided by such TNC and
    14  deposit the same in the on-demand vehicle accessibility fund established
    15  pursuant to section ninety-b of the state finance law.
    16    §  4. The state finance law is amended by adding a new section 90-b to
    17  read as follows:
    18    § 90-b. On-demand vehicle  accessibility  fund.  1.  There  is  hereby
    19  established  in  the  joint  custody  of  the  state comptroller and the
    20  department of transportation an account  of  the  miscellaneous  special
    21  fund to be known as the on-demand vehicle accessibility fund.
    22    2.  The  comptroller is authorized and directed to receive for deposit
    23  to the credit of the on-demand vehicle accessibility fund designated for
    24  such deposit by law including those derived from the  surcharge  author-
    25  ized  by subdivision fourteen of section sixteen hundred ninety-three of
    26  the vehicle and traffic law.
    27    3. Moneys of this account, following appropriation by the legislature,
    28  shall be available to support the state department of transportation for
    29  expenses of providing incentives and investments  to  ensure  accessible
    30  on-demand  vehicle  service for those with disabilities, including those
    31  with service animals.
    32    § 5. This act shall take effect on the thirtieth day  after  it  shall
    33  have become a law.
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