A 5151

ASSEMBLY, No. 5151
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 28, 2026
Sponsored by:
Assemblyman� CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblyman� JERRY WALKER
District 31 (Hudson)
SYNOPSIS
���� Prohibits surcharge on transportation network company
riders for certain paratransit service.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act concerning transportation network companies,
amending P.L.2018, c.47, and supplementing Title 39 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.2018,
c.47 (C.39:5H-4.1) is amended to read as follows:�
���� 1.��� a.� As used in this
section:�
���� �Paratransit service� means
any transportation service, other than fixed route transportation service, that
is provided by: �the New Jersey Transit Corporation, whether directly or
indirectly through contract or subcontract, to comply with the requirements of
the federal �Americans with Disabilities Act of 1990� (42 U.S.C. s.12101 et
seq.); by the Department of Labor and Workforce Development pursuant to
P.L.1987, c.455 (C.34:16-51 et seq.); and by counties under the �Senior Citizen
and Disabled Resident Transportation Assistance Act,� P.L.1983, c.578
(C.27:25-25 et seq.). ��Paratransit service� shall include Medicaid
transportation service, as delivered through the Medicaid program�s
non-emergency medical transportation broker and in accordance with the rules
and regulations set forth by the Department of Human Services.
���� �Prearranged ride,� �Rider,�
and �Transportation network company [,] � [shall have] mean
the same [meanings] as provided
in section 2 of P.L.2017, c.26 (C.39:5H-2).
���� �Shared ride� means a
prearranged ride in which:�
���� (1)� prior to commencement of
the prearranged ride, the rider requested to share the prearranged ride with
one or more riders; and
���� (2)� the rider is charged a
fare that is calculated, in part, based on the rider�s request to share all or
part of the prearranged ride with one or more riders, regardless of whether the
rider actually shares all or part of the ride with one or more riders.
���� b.��� Commencing October 1,
2018, there is imposed on a transportation network company rider a surcharge of
$0.50 upon every prearranged ride that originates and terminates within the
State, except that only a $0.25 surcharge is imposed on the rider of a shared
ride.� The surcharge imposed under this section shall be collected by the
transportation network company [,] and shall be
separately stated on the electronic receipt provided to the rider pursuant to
section 9 of P.L.2017, c.26 (C.39:5H-9).� However, the surcharge authorized
pursuant to this subsection shall not be imposed on any transportation network
company rider who takes a prearranged ride with a transportation network
company for paratransit service.
���� c.��� Each transportation
network company required to collect the surcharge imposed by this section shall
be personally liable for the surcharge imposed, collected, or required to be
collected under this section.� [Any
such] Each
transportation network company shall have the same right [with respect] to [collecting] collect
the surcharge from a rider as if the surcharge were a part of the sales price
and payable at the same time.
���� d.��� In carrying out the
provisions of this section, the Director of the Division of Taxation in the
Department of the Treasury shall have all of the powers and authority granted
in P.L.1966, c.30 (C.54:32B-1 et seq.).� The surcharge shall be filed and paid
by the transportation network company on a monthly basis in a manner prescribed
by the director.� The director shall promulgate such rules and regulations as
the director determines are necessary to effectuate the provisions of this
section.
���� e.��� The surcharge imposed by
this section shall be governed by the provisions of the �State Uniform Tax
Procedure Law,� R.S.54:48-1 et seq.
(cf:� P.L.2018, c.47, s.1)
���� 2.��� (New section) a.� As
used in this section:�
���� �Paratransit service� means
any transportation service, other than fixed route transportation service, that
is provided by:� the New Jersey Transit Corporation, whether directly or
indirectly through contract or subcontract, to comply with the requirements of
the federal �Americans with Disabilities Act of 1990� (42 U.S.C. s.12101 et
seq.); by the Department of Labor and Workforce Development pursuant to
P.L.1987, c.455 (C.34:16-51 et seq.); and by counties under the �Senior Citizen
and Disabled Resident Transportation Assistance Act,� P.L.1983, c.578
(C.27:25-25 et seq.).� �Paratransit service� shall include Medicaid
transportation service, as delivered through the Medicaid program�s
non-emergency medical transportation broker and in accordance with the rules
and regulations set forth by the Department of Human Services.
���� �Prearranged ride� means the
same as that term is defined in section 2 of P.L.2017, c.26 (C.39:5H-2).
���� �Transportation network
company� means the same as that term is defined in section 2 of P.L.2017, c.26
(C.39:5H-2).
���� b.��� A transportation network
company that arranges prearranged rides for paratransit service shall not be
personally liable for paratransit service rides.
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill prohibits imposing
the surcharge authorized by N.J.S.A.39:5H-4.1 on any transportation network
company (TNC) rider who takes a prearranged ride with a TNC for paratransit
service.� Pursuant to N.J.S.A.39:5H-4.1, there is a surcharge of $0.50 imposed
on every prearranged ride that originates and terminates within the State and a
surcharge of $0.25 on every such ride that is also a shared ride.
���� In addition, the bill provides
that a TNC that arranges prearranged rides for paratransit service is not
personally liable for paratransit service rides.