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S3617Senate2017-2018 SessionSame asA3599

Create Disabled Riders Council

Official title

“Establishes metropolitan transportation authority disabled riders' council”

Sponsor Kevin S. ParkerSD-21+4 co-sponsorsAffects Transportation
Status
In Senate Committee
Transportation
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill adds a non-voting seat for a rider with disabilities to the MTA board and creates an MTA riders' council for people with disabilities.

Why it matters

  1. Elevates the voices of riders with disabilities. by giving them a formal, structured platform (the new riders’ council) to regularly study, monitor, and recommend improvements to MTA services, ensuring their needs are actively considered in transit planning and operations.

  2. Creates direct representation on the MTA board. for people with disabilities (albeit as a non-voting member), which increases the visibility of accessibility issues at the highest levels of transit decision-making and may influence priorities and resource allocation.

  3. Mandates geographic and governmental diversity. in the council’s membership by requiring appointments from various boroughs and counties, which helps ensure that disability-related transit concerns from across the entire MTA service area are heard, not just those from New York City.

  4. Potentially increases accountability and transparency. by requiring the MTA and other state and local agencies to provide information and assistance to the council, empowering it to conduct meaningful oversight and advocate for more accessible, equitable transit.

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Who cares

Headline styles

Create Disabled Riders Council

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

History

  1. Referred to transportation
  2. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3599Assembly

Create Disabled Riders' Council

In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Felix Ortiz

Impact 6 · Moderate0% to pass

Full text

6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3617

2017-2018 Regular Sessions

IN SENATE

January 25, 2017

Introduced by Sens. PARKER, AVELLA, HOYLMAN, MONTGOMERY, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, in relation to the board of the metropolitan transportation authority; and in relation to the establishment of the metropolitan transit authority riders' council for persons with disabilities

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subparagraphs 1 and 2 of paragraph (a) of subdivision 1 of section 1263 of the public authorities law, subparagraph 1 as amended by section 3 of part H of chapter 25 of the laws of 2009 and subparagraph 2 as amended by chapter 549 of the laws of 1994, are amended to read as follows:

(1) There is hereby created the "metropolitan transportation authority." The authority shall be a body corporate and politic constituting a public benefit corporation. The authority shall consist of twenty-four members and shall include a [chairman] chairperson, sixteen other voting members, and [two] three non-voting and four alternate non-voting members, as described in subparagraph two of this paragraph appointed by the governor by and with the advice and consent of the senate. Any member appointed to a term commencing on or after June thirtieth, two thousand nine shall have experience in one or more of the following areas: transportation, public administration, business management, finance, accounting, law, engineering, land use, urban and regional planning, management of large capital projects, labor relations, or have experience in some other area of activity central to the mission of the authority. Four of the sixteen voting members other than the [chairman] chairperson shall be appointed on the written recommendation of the mayor of the city of New York; and each of seven other voting members other than the [chairman] chairperson shall be appointed after selection

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07409-01-7

S. 3617 2

from a written list of three recommendations from the chief executive officer of the county in which the particular member is required to reside pursuant to the provisions of this subdivision. Of the members appointed on recommendation of the chief executive officer of a county, one such member shall be, at the time of appointment, a resident of the county of Nassau, one a resident of the county of Suffolk, one a resident of the county of Westchester, one a resident of the county of Dutchess, one a resident of the county of Orange, one a resident of the county of Putnam and one a resident of the county of Rockland, provided that the term of any member who is a resident of a county that has withdrawn from the metropolitan commuter transportation district pursuant to section twelve hundred seventy-nine-b of this [article] title shall terminate upon the effective date of such county's withdrawal from such district. Of the five voting members, other than the [chairman] chairperson, appointed by the governor without recommendation from any other person, three shall be, at the time of appointment, residents of the city of New York and two shall be, at the time of appointment, residents of such city or of any of the aforementioned counties in the metropolitan commuter transportation district. The [chairman] chairperson and each of the members shall be appointed for a term of six years, provided however, that the [chairman] chairperson first appointed shall serve for a term ending June thirtieth, nineteen hundred eighty-one, provided that thirty days after the effective date of [the] chapter twenty-five of the laws of two thousand nine [which amended this subparagraph], the term of the [chairman] chairperson shall expire; provided, further, that such [chairman] chairperson may continue to discharge the duties of his or her office until the position of [chairman] chairperson is filled by appointment by the governor upon the advice and consent of the senate and the term of such new [chairman] chairperson shall terminate June thirtieth, two thousand fifteen. The sixteen other members first appointed shall serve for the following terms: The members from the counties of Nassau and Westchester shall each serve for a term ending June thirtieth, nineteen hundred eighty-five; the members from the county of Suffolk and from the counties of Dutchess, Orange, Putnam and Rockland shall each serve for a term ending June thirtieth, nineteen hundred ninety-two; two of the members appointed on recommendation of the mayor of the city of New York shall each serve for a term ending June thirtieth, nineteen hundred eighty-four and[,] two shall each serve for a term ending June thirtieth, nineteen hundred eighty-one; two of the members appointed by the governor without the recommendation of any other person shall each serve for a term ending June thirtieth, nineteen hundred eighty-two, two shall each serve for a term ending June thirtieth, nineteen hundred eighty and one shall serve for a term ending June thirtieth, nineteen hundred eighty-five. The two non-voting and four alternate non-voting members shall serve until January first, two thousand one. The members from the counties of Dutchess, Orange, Putnam and Rockland shall cast one collective vote.

(2) There shall be [two] three non-voting members and four alternate non-voting members of the authority, as referred to in subparagraph one of this paragraph.

The first non-voting member shall be a regular [mass transit] user of the mass transit facilities of the authority and be recommended to the governor by the New York city transit authority advisory council. The first alternate non-voting member shall be a regular [mass transit] user of the mass transit facilities of the authority and be recommended to the governor by the Metro-North commuter council. The second alternate

S. 3617 3

non-voting member shall be a regular [mass transit] user of the mass transit facilities of the authority and be recommended to the governor by the Long Island Rail Road commuter's council.

The second non-voting member shall be recommended to the governor by the labor organization representing the majority of employees of the Long Island Rail Road. The third alternate non-voting member shall be recommended to the governor by the labor organization representing the majority of employees of the New York city transit authority. The fourth alternate non-voting member shall be recommended to the governor by the labor organization representing the majority of employees of the Metro- North Commuter Railroad Company. The [chairman] chairperson of the authority, at his or her direction, may exclude such non-voting member or alternate non-voting member from attending any portion of a meeting of the authority or of any committee established pursuant to paragraph (b) of subdivision four of this section held for the purpose of discussing negotiations with labor organizations.

The non-voting member and the two alternate non-voting members representing the New York [York] city transit authority advisory council, the Metro-North commuter council, and the Long Island Rail Road commuter's council shall serve eighteen month rotating terms, after which time an alternate non-voting member shall become the non-voting member and the rotation shall continue until each alternate member has served at least one eighteen month term as a non-voting member. The other non-voting member and alternate non-voting members representing the New York city transit authority, Metro-North Commuter Railroad Company, and the Long Island Rail Road labor organizations shall serve eighteen month rotating terms, after which time an alternate non-voting member shall become the non-voting member and the rotation shall continue until each alternate member has served at least one eighteen month term as a non-voting member. The transit authority and the commuter railroads shall not be represented concurrently by the two non-voting members during any such eighteen month period.

The third non-voting member shall be a regular user of the mass transit facilities of the authority and be recommended to the governor by the metropolitan transportation authority riders' council for people with disabilities and shall serve an eighteen month term.

§ 2. Paragraph (a) of subdivision 1 of section 1263 of the public authorities law, as amended by section 4 of part H of chapter 25 of the laws of 2009, is amended to read as follows:

(a) (1) There is hereby created the "metropolitan transportation authority." The authority shall be a body corporate and politic constituting a public benefit corporation. The authority shall consist of a [chairman and] chairperson, sixteen other voting members appointed by the governor by and with the advice and consent of the senate, and three non-voting and four alternate non-voting members, as described in subparagraph two of this paragraph appointed by the governor by and with the advice and consent of the senate. Any member appointed to a term commencing on or after June thirtieth, two thousand nine shall have experience in one or more of the following areas of expertise: transportation, public administration, business management, finance, accounting, law, engineering, land use, urban and regional planning, management of large capital projects, labor relations, or have experience in some other area of activity central to the mission of the authority. Four of the sixteen members other than the [chairman] chairperson shall be appointed on the written recommendation of the mayor of the city of New York; and each of seven other members other than the [chairman] chair-

S. 3617 4

person shall be appointed after selection from a written list of three recommendations from the chief executive officer of the county in which the particular member is required to reside pursuant to the provisions of this subdivision. Of the members appointed on recommendation of the chief executive officer of a county, one such member shall be, at the time of appointment, a resident of the county of Nassau; one a resident of the county of Suffolk; one a resident of the county of Westchester; and one a resident of the county of Dutchess, one a resident of the county of Orange, one a resident of the county of Putnam and one a resident of the county of Rockland, provided that the term of any member who is a resident of a county that has withdrawn from the metropolitan commuter transportation district pursuant to section twelve hundred seventy-nine-b of this [article] title shall terminate upon the effective date of such county's withdrawal from such district. Of the five members, other than the [chairman] chairperson, appointed by the governor without recommendation from any other person, three shall be, at the time of appointment, residents of the city of New York and two shall be, at the time of appointment, residents of such city or of any of the aforementioned counties in the metropolitan commuter transportation district. The [chairman] chairperson and each of the members shall be appointed for a term of six years, provided however, that the [chairman] chairperson first appointed shall serve for a term ending June thirtieth, nineteen hundred eighty-one, provided that thirty days after the effective date of [the] chapter twenty-five of the laws of two thousand nine [which amended this paragraph], the term of the [chairman] chairperson shall expire; provided, further, that such [chairman] chairperson may continue to discharge the duties of his office until the position of [chairman] chairperson is filled by appointment by the governor upon the advice and consent of the senate and the term of such new [chairman] chairperson shall terminate June thirtieth, two thousand fifteen. The sixteen other members first appointed shall serve for the following terms: The members from the counties of Nassau and Westchester shall each serve for a term ending June thirtieth, nineteen hundred eightyfive; the members from the county of Suffolk and from the counties of Dutchess, Orange, Putnam and Rockland shall each serve for a term ending June thirtieth, nineteen hundred ninety-two; two of the members appointed on recommendation of the mayor of the city of New York shall each serve for a term ending June thirtieth, nineteen hundred eightyfour and[,] two shall each serve for a term ending June thirtieth, nineteen hundred eighty-one; two of the members appointed by the governor without the recommendation of any other person shall each serve for a term ending June thirtieth, nineteen hundred eighty-two, two shall each serve for a term ending June thirtieth, nineteen hundred eighty and one shall serve for a term ending June thirtieth, nineteen hundred eightyfive. The members from the counties of Dutchess, Orange, Putnam and Rockland shall cast one collective vote.

(2) There shall be three non-voting members and four alternate nonvoting members of the authority, as referred to in subparagraph one of this paragraph.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public authorities law, in relation to the board of the metropolitan transportation authority; and in relation to the establishment of the metropolitan transit authority riders' council for persons with disabilities

Purpose or general idea of bill

To establish an advisory council which has a non-voting member seat on the Metropolitan Transportation Authority which is comprised by regular transit users, who are also people with disabilities, in order to ensure better oversight of how the Authority accommodates riders with disabilities.

Summary of specific provisions

The bill establishes the Metropolitan Transportation Authority Riders' Council for People with Disabilities to study and investigate all aspects of the day-to-day operations of the Metropolitan Transportation Authority and its subsidiaries, monitor its performance, and make recommendations to improve its operation.

Read the full memo (716 words)

The bill requires that the Council shall consist of fifteen members who are regular transit users and who are people with disabilities. One member shall be appointed by the governor on the recommendation of the mayor of the city of New York; one on the recommendation of the president of the city council; one on the recommendation of the New York state comptroller; one on the recommendation of each of the borough presidents of the city of New York; one on the recommendation of each of the county executives of Suffolk, Westchester, Rockland, Putnam, Dutchess, and Orange. Each of the members shall serve for two-year terms. The Council shall select a Chair from its membership. Vacancies shall be filled in the same manner as the original appointments for the balance of the original member's term.

The bill requires that the members of the Council will receive no compensation but will be reimbursed for necessary expenses.

The bill requires that the Council shall provide support services to its members so that they may perform their duties, including but not limited to transportation, telecommunication, and accessible technology support. The Chair may hire staff and consultants for any funds made available to the Council.

The bill allows that the Council may request and shall receive assistance and data from any political subdivision of the state to enable it to properly carry out its duties.

The bill creates an additional non-voting member of the Metropolitan Transportation Authority who shall serve an eighteen-month term and is recommended to the governor by the Metropolitan Transportation Authority Riders' Council for People with Disabilities.

The bill provides a definition for "disability" and "disabled."

Justification

In New York City, only 97 out of 468 MTA passenger stations are ADA-compliant for people in wheelchairs as of August 2012. Elevator and escalator maintenance problems are rampant and little is done to alert riders who depend on these facilities about breakdowns and alternative routes. The hard of hearing are unable to make sense of train announcements even though technology exists that could improve this. Platform gaps, a noted problem on the Long Island Railroad, are of a particular threat to the safety of the visually impaired. The recent closure of station agent booths and the elimination of many station agent personnel disproportionately impact those with disabilities. New York City and its commuter rails are far behind other major cities in accommodating the needs of riders with disabilities.

One of the most important ways we can begin to address this crisis is to correct the lack of representation of people on the board of the MTA itself. In 2006, Manhattan Borough President Scott Stringer published The State of Repairs: An Examination of Elevator and Escalator Maintenance and Repairs in New York City 's Subway System. In this report, he concluded that while the MTA does have the New York City Transit Riders Council "they are not charged with the specific responsibly of representing the needs of disabled riders. And while the MTA has an ADA compliance coordination committee, it is informal and not comprised of appointed members. A legislatively-mandated body representing disabled riders is needed to ensure the issues of the disability community are identified and addressed."

Prior legislative history

2015-16:S.3784/A.7803- Died in Transportation 2013-14:S.1284/A.945 -Passed in Assembly; Died in Transportation 2011-12:S.1238/A.745 -Passed in the Assembly; Died Transportation. 2010:S.1386B/A.3954B -Passed Assembly, Died in Finance

Fiscal implications

Unknown.

Effective date

This act shall take effect immediately, with provisions.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.