New Jersey-2016-S1123-Introduced

An Act concerning discounted motor bus and rail passenger fares for certain persons and designated as the "Fare Affordability and Ridership Empowerment (FARE) Act," amending P.L.1973, c.126 and P.L.1987, c.99, and supplementing Title 27 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1973, c.126 (C.27:1A-64) is amended to read as follows:

1. The Legislature hereby finds and declares that:

a. Many senior citizens and [handicapped citizens of] persons with disabilities in this State [must] depend on public transportation facilities to obtain the necessities of life, [such as] including food, clothing, and medical services, and to visit their families and friends; ready access to transportation services is thus essential to their health, safety, and welfare.

b. Many senior citizens and [handicapped citizen] persons with disabilities live on fixed or limited incomes, and the high cost of transportation services [thus] makes it difficult for them to take advantage of [such] these services.

c. (Deleted by amendment, P.L.1999, c.179).

d. (Deleted by amendment, P.L.1999, c.179).

e. It is therefore a valid public purpose, and in the best interest of all the people of this State, to provide for reduced bus and rail fares for senior citizens and [handicapped citizens] persons with disabilities at State expense.

(cf: P.L.1999, c.179, s.1)

2. Section 2 of P.L.1973, c.126 (C.27:1A-65) is amended to read as follows:

2. For the purposes of [this act] P.L.1973, c.126 (C.27:1A-64 et seq.), unless the context clearly indicates otherwise:

[a. "Commissioner" means the Commissioner of Transportation; provided, however, that he may delegate any of his powers or duties under this act to any subordinate division, agency, or employee of the Department of Transportation or to the New Jersey Transit Corporation.

b.] "Carrier" means any individual, copartnership, association, corporation, joint stock company, public agency, trustee, or receiver operating motor buses or rail passenger service on established routes within this State or between points in this State and points in adjacent states.

"Commissioner" means the Commissioner of Transportation; provided, however, that the commissioner may delegate any of the commissioner's powers or duties under P.L.1973, c.126 (C.27:1A-64 et seq.) to any subordinate division, agency, or employee of the Department of Transportation or to the New Jersey Transit Corporation.

[c.] "Motor bus" means "autobus" as defined in R.S.48:4-1, and includes those autobuses, commonly called jitneys, as defined in R.S.48:16-23.

[d.] "Offpeak times" means the hours from 9:30 a.m. to 4 p.m. and from 7 p.m. to 6 a.m. during the weekdays, and all day on Saturdays, Sundays, and holidays.

"Person with disabilities" means any individual who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable, without special facilities or special planning or design, to utilize mass transportation facilities and services as effectively as persons who are not so affected.

[e.] "Senior citizen" means any individual 62 years of age or over.

[f. "Handicapped citizen" means any individual who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected.]

(cf: P.L.1979, c.150, s.25)

3. Section 3 of P.L.1973, c.126 (C.27:1A-66) is amended to read as follows:

3. The Commissioner of Transportation is hereby authorized and directed to establish and implement [within 180 days of the effective date of P.L.1999, c.179 (C.27:1A-64 et al.)] a program to provide motor bus and rail passenger service for senior citizens during offpeak times and to provide motor bus and rail passenger service for senior citizens age 65 and older and [handicapped citizens] persons with disabilities at all times bus or rail service is offered, on regular routes of carriers within the State or between points in this State and points in adjacent states at one-half of the regular adult rates of fare [as set forth in the tariffs of carriers filed with the Interstate Commerce Commission, Board of Public Utilities or the Department of Transportation], except that the reduced fare shall not be available to senior citizens and [handicapped citizens] persons with disabilities traveling on commuter railroad trains operated during peak times which have been designated by the New Jersey Transit Corporation as ineligible for round trip excursion fares. The commissioner may take [such] any action [as he] that the commissioner deems necessary to implement this program, including contracts with carriers for the provision of transportation services under this program, purchase of regular tickets and resale to senior citizens and [handicapped citizens] persons with disabilities at one-half the ordinary fare, or direct payments to carriers for services provided to senior citizens and [handicapped citizens] persons with disabilities under this program. Where carriers may be entitled to receive or do receive funds from sources other than the Department of Transportation for the provision of service to senior citizens and [handicapped citizens] persons with disabilities, reimbursement payments which may be made by the Department of Transportation to the carriers may be adjusted accordingly.

(cf: P.L.1999, c.179, s.2)

4. Section 4 of P.L.1973, c.126 (C.27:1A-67) is amended to read as follows:

4. In establishing this program, the commissioner shall, after consulting with the Commissioner of Community Affairs [, the New Jersey State Commission on Aging and the Board of Public Utility Commissioners] and the Commissioner of Human Services, establish uniform procedures for:

a. Determining the eligibility of persons to receive the reduced fares provided pursuant to [this act] P.L.1973, c.126 (C.27:1A-64 et seq.);

b. Making [such] reduced fares available to eligible persons; and

c. Auditing and accounting to insure that no carrier receives payments in excess of the value of services actually rendered to senior citizens and [handicapped citizens] persons with disabilities pursuant to [this act] P.L.1973, c.126 (C.27:1A-64 et seq.).

(cf: P.L.1975, c.271, s.4)

5. Section 7 of P.L.1973, c.126 (C.27:1A-70) is amended to read as follows:

7. Nothing in [this act] P.L.1973, c.126 (C.27:1A-64 et seq.) shall preclude any carrier from providing further fare reductions for senior citizens and [handicapped citizens] persons with disabilities or preclude any municipality from contracting for [such] further reductions pursuant to P.L.1973, c.67 ([C.40:58-4.1] C.40:48-4.1 et seq.), or any other law.

(cf: P.L.1975, c.271, s.5)

6. Section 8 of P.L.1973, c.126 (C.27:1A-71) is amended to read as follows:

8. The commissioner is hereby authorized to hire, employ, or assign [such] secretarial, clerical, and other personnel as shall be required for complying with the provisions of [this act] P.L.1973, c.126 (C.27:1A-64 et seq.). The commissioner may also expend a reasonable sum, not to exceed [$50,000.00] $50,000 annually, for advertising to make senior citizens and [handicapped citizens] persons with disabilities aware of the program and the availability of the reduced fares thereunder.

(cf: P.L.1975, c.271, s.6)

7. Section 9 of P.L.1973, c.126 (C.27:1A-72) is amended to read as follows:

9. Notwithstanding any of the provisions of chapter 3 of Title 48 of the Revised Statutes or of any other law to the contrary, any eligible senior citizen or [handicapped citizens] person with disabilities may be transported by any motor bus carrier at less than the usual and ordinary fare charged to one person.

(cf: P.L.1975, c.271, s.7)

8. Section 1 of P.L.1987, c.99 (C.27:1A-73) is amended to read as follows:

1. Notwithstanding the provisions of P.L.1973, c.126 (C.27:1A-64 et seq.) or any other law to the contrary, a [handicapped citizen] person with disabilities and the [citizen's] person's travel attendant or guide shall be transported by any motorbus or rail carrier operated pursuant to the "New Jersey Public Transportation Act of 1979," P.L.1979, c.150 (C.27:25-1 et seq.) at the fare charged to one [handicapped citizen] person with disabilities during peak or offpeak times, as the case may be. For the purposes of this section, a ["handicapped citizen"] "person with disabilities" is one defined pursuant to section 2 of P.L.1973, c.126 (C.27:1A-65) who requires the assistance of a travel attendant or guide in order to use public transportation.

(cf: P.L.1987, c.99, s.1)

9. Section 2 of P.L.1987, c.99 (C.27:1A-74) is amended to read as follows:

2. The Commissioner of Transportation shall, after consulting with other relevant departments and agencies, adopt reasonable regulations necessary to carry out the purposes of [this act] P.L.1987, c.99 (C.27:1A-73 et seq.) pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The regulations shall include a procedure by which the commissioner shall issue an identification card, upon certification of a physician or upon certification of another person as prescribed by the commissioner, that a [handicapped citizen] person with disabilities requires the assistance of a travel attendant or guide in order to use public transportation.

(cf: P.L.1987, c.99, s.2)

10. (New section) Notwithstanding the provisions of section 5 of P.L.1979, c.150 (C.27:25-5) or any law, rule, or regulation to the contrary, the New Jersey Transit Corporation shall not increase, for a period of three years following the operative date of P.L. , c. (C. ) (pending before the Legislature as this bill), and not more than two percent annually thereafter, the discounted fare for a ticket or pass for bus or rail passenger service charged by the corporation to a senior citizen or person with disabilities, as those terms are defined in section 2 of P.L.1973, c.126 (C.27:1A-65), under the corporation's discount fare program authorized pursuant to P.L.1973, c.126 (C.27:1A-64 et seq.).

11. (New section) Notwithstanding the provisions of section 5 of P.L.1979, c.150 (C.27:25-5) or any law, rule, or regulation to the contrary, in the event the New Jersey Transit Corporation offers a discounted fare for a ticket or pass for bus or rail passenger service charged by the corporation to a student attending an institution of higher education that participates in a corporation program offering the discounted fare, the corporation shall not increase, for a period of three years following the operative date of P.L. , c. (C. ) (pending before the Legislature as this bill), and not more than two percent annually thereafter, the discounted fare for that ticket or pass.

12. (New section) The New Jersey Transit Corporation shall not increase regular, non-discounted fares to compensate for any loss of revenue incurred by the corporation as a result of sections 10 and 11 of P.L. , c. (C. and C. ) (pending before the Legislature as this bill).

13. This act shall take effect immediately and be operative as of October 2, 2015.

STATEMENT

This bill, designated as the "Fare Affordability and Ridership Empowerment (FARE) Act," places restrictions on the amount that the New Jersey Transit Corporation (NJ Transit) may increase the cost of a discounted fare for a ticket or pass for bus or rail passenger service under NJ Transit's programs offering reduced fares for senior citizens over the age of 62, persons with disabilities, and students attending an institution of higher education. Under the bill, starting on October 2, 2015, NJ Transit is prohibited from increasing the discounted fares under these programs for a period of three years, and not more than two percent annually thereafter. NJ Transit is also prohibited from increasing regular, non-discounted fares to compensate for any loss of revenue that may result from the bill.