S T A T E O F N E W Y O R K
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8107
2019-2020 Regular Sessions
I N A S S E M B L Y
June 3, 2019
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Introduced by M. of A. MAGNARELLI, LUPARDO -- read once and referred to
the Committee on Transportation
AN ACT to amend the transportation law, in relation to the interagency
coordinating committee on rural public transportation; and to amend
the social services law, in relation to the transportation of eligible
persons residing in a rural area
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 73-d of the transportation law, as amended by chap-
ter 562 of the laws of 1987, is amended to read as follows:
§ 73-d. Interagency coordinating committee on rural public transporta-
tion. 1. There is hereby created a committee to be known as the "intera-
gency coordinating committee on rural public transportation", to be
comprised of nineteen members. The commissioner or his or her designee
shall serve as chairperson. Twelve of such members shall be the follow-
ing or his or her duly designated representative: the director of the
office for the aging; the commissioner of education; the commissioner of
labor; the commissioner of health; the commissioner of the office of
mental health; THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES; the commissioner of the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities; the commis-
sioner of [social services; state advocate for the disabled] THE OFFICE
FOR TEMPORARY AND DISABILITY ASSISTANCE; THE EXECUTIVE DIRECTOR OF THE
NEW YORK STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
NEEDS; THE secretary of state; THE commissioner of agriculture and
markets[; the director of the office of rural affairs] and the [director
of the division for youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES. Six additional members, [all] FIVE of whom shall be
transportation providers or consumers representing rural counties AND
ONE SHALL BE A REPRESENTATIVE OF A LABOR UNION AFFILIATED WITH RURAL
PUBLIC TRANSPORTATION SYSTEMS RECEIVING PUBLIC TRANSPORTATION SYSTEMS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13007-01-9
A. 8107 2
OPERATING ASSISTANCE ACCOUNT FUNDS, shall be appointed to serve a term
of three years as follows: two by the [president pro-tempore] TEMPORARY
PRESIDENT of the senate, two by the speaker of the assembly, one by the
minority leader of the senate, and one by the minority leader of the
assembly. Efforts shall be made to provide a broad representation of
consumers and providers of transportation services in rural counties
when making such appointments. [Members of the committee shall receive
no salary.] THE SIX MEMBERS APPOINTED BY THE LEGISLATURE, AS WELL AS THE
COMMISSIONER OR HIS OR HER DESIGNEE, SHALL BE THE VOTING MEMBERS. THE
BALANCE OF THE COMMITTEE WILL SERVE IN AN ADVISORY OR CONSULTING CAPACI-
TY. THE COMMITTEE SHALL KEEP A RECORD OF ITS OFFICIAL ACTIONS.
The commissioner shall cause the department to provide staff assist-
ance necessary for the efficient and effective operation of the commit-
tee.
2. The committee shall[:], FOR A TWO-YEAR PERIOD BEGINNING NO LATER
THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND NINETEEN THAT AMENDED THIS SECTION, MEET AT LEAST ONCE EVERY
THREE MONTHS AND AT LEAST ONCE EVERY FOUR MONTHS THEREAFTER, AND SHALL
ANNUALLY REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY. THE ANNUAL REPORT SHALL:
A. IDENTIFY EXISTING RURAL TRANSPORTATION SYSTEMS AND PROVIDE DATA ON
RIDERSHIP, REVENUE, AND FINANCIAL CHALLENGES FOR EACH SYSTEM;
B. IDENTIFY RURAL POPULATIONS CURRENTLY UTILIZING PUBLIC TRANSPORTA-
TION, AS WELL AS POPULATIONS IN NEED OF PUBLIC TRANSPORTATION WITHOUT
ACCESS, AND DISCUSS RECOMMENDATIONS FOR MAINTAINING, COORDINATING AND
EXPANDING SERVICES;
C. INCLUDE A BREAKDOWN BY COUNTY OF COST SAVINGS, MODES OF TRANSPORTA-
TION PROVIDED TO MEDICAID PATIENTS, AND RATES OF UTILIZATION OF PUBLIC
TRANSPORTATION BY MEDICAID PATIENTS;
D. identify programs and the annual amounts and sources of funds from
such programs that are eligible to be used to support a coordinated
public transportation service, and the annual amounts and sources of
such funds that are actually used for client transportation or for
transportation of persons in connection with agency-affiliated programs
or services; such data shall be provided on a county basis;
[b.] E. identify restrictions on existing programs that inhibit funds
from such programs being used to pay for a coordinated public transpor-
tation service in rural counties;
[c.] F. recommend changes in state or local laws or regulations that
would improve the coordination of funds, facilities, vehicles or equip-
ment and other resources used for transportation at the local level;
[d.] G. upon request, compile and forward to the commissioner any data
or other information required by this section.
3. A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE COMMITTEE
SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF THE COMMITTEE'S BUSI-
NESS. THE COMMITTEE SHALL HAVE THE POWER TO ACT BY A MAJORITY VOTE OF
THE VOTING MEMBERS. COMMITTEE MEMBERS SHALL HOLD OFFICE UNTIL THEIR
SUCCESSORS HAVE BEEN APPOINTED AND HAVE QUALIFIED. THE SELECTION OF
SUCCESSORS TO FILL A VACANCY SHALL BE MADE IN THE SAME MANNER IN WHICH
THE RETIRING COMMITTEE MEMBERS SHALL HAVE BEEN SELECTED. MEMBERS OF THE
COMMITTEE SHALL RECEIVE NO SALARY OR OTHER COMPENSATION, BUT SHALL BE
ENTITLED TO THEIR ACTUAL AND NECESSARY EXPENSES, INCLUDING TRAVELING
EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES.
§ 2. The opening paragraph of subdivision 4 of section 365-h of the
social services law is designated paragraph (a) and a new paragraph (b)
is added to read as follows:
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(B) WHERE THE COMMISSIONER OF HEALTH ELECTS TO ASSUME SUCH RESPONSI-
BILITY FROM A LOCAL SOCIAL SERVICES DISTRICT AUTHORIZED TRANSPORTATION
FOR AN ELIGIBLE PERSON, WHOSE ORIGINATING LOCATION EXISTS WITHIN A COUN-
TY DEFINED AS A RURAL AREA PURSUANT TO SUBDIVISION SEVEN OF SECTION FOUR
HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW, SHALL BE ASSIGNED TO AN EXIST-
ING PUBLIC TRANSPORTATION SYSTEM, AS DEFINED IN SUBDIVISION ONE OF
SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW, IF THAT SYSTEM PROVIDES AN
APPROPRIATE, AVAILABLE AND LEAST EXPENSIVE MODE OF TRANSPORTATION.
§ 3. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the thirtieth day after it
shall have become a law and that the amendments to subdivision 4 of
section 365-h of the social services law, made by section two of this
act, shall not affect the expiration and repeal of such section, and
shall expire and be deemed repealed therewith.