[Second Reprint]

ASSEMBLY, No. 5336







Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblyman  ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)


District 37 (Bergen)


District 18 (Middlesex)

Senator  FRED H. MADDEN, JR.

District 4 (Camden and Gloucester)


Co-Sponsored by:

Assemblywoman B.DeCroce, Assemblyman Johnson, Assemblywoman Swain, Assemblyman Tully, Senators T.Kean, Cunningham, Stack, Gopal and Ruiz






     Requires DHS to establish payment programs for purchase of transportation services from private sector and government transportation service providers.



     As amended on January 10, 2022 by the General Assembly pursuant to the Governor's recommendations.


An Act concerning 1[Division of Developmental Disabilities] 2[Department of Human Services1 funding for]2 transportation services for persons with 1[developmental] certain1 disabilities 2[and supplementing Title 30 of the Revised Statutes]2.


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


      1.   a.   The 1[Director of the Division of Developmental Disabilities in the Department] Commissioner1 of Human Services shall 2[develop a payment program utilizing existing 1[division] department1 transportation funding that provides] transmit a written report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, regarding expanding the accessibility and availability of transportation options in the State for2 persons 1[with developmental disabilities] diagnosed with autism spectrum disorder and persons with intellectual and developmental disabilities1 2[individual monthly budgets for personal travel.] with the purchase of transportation services through private sector and governmental entitites.2

      b.   2[The program shall establish a method to allow individuals to use their personal budget to pay for travel on: (1) motorbus regular route service, rail passenger service, and light rail service operated by or under contract to the New Jersey Transit Corporation; (2) pay-per-ride trips provided by county transportation agencies that participate in the "Senior Citizen and Disabled Resident Transportation Assistance Act," P.L.1983, c.578 (C.27:25-25 et seq.); and (3) individual trips with taxi services and transportation network companies with drivers that have completed the Community Transportation Association of America’s (CTAA) Passenger Assistance, Safety, and Sensitivity (PASS) driver training program.

      c.   The 1[director] commissioner1 shall develop rules and regulations that encourage the utilization of existing county transportation agency services for travel to and from day programs and employment sites.  If day programs and employment sites are not currently accessible through county transportation agency services, the 1[division] department1 shall coordinate with county transportation agencies to establish these services.] The report shall include, but need not be limited to, the following:

      (1)  a survey of currently available public and private transportation for individuals with autism spectrum disorder and persons with intellectual and developmental disabilities, including an analysis of barriers to transportation for individuals with disabilities;

      (2)  an analysis of current federal and State laws and regulations governing transportation services, including any restrictions on funding or use;

      (3) best practices for enhancing and expanding transportation services and options for individuals with intellectual and developmental disabilities receiving services from the Department of Human Services;

      (4)  recommendations on ways to permit individuals enrolled in department services to use existing funding for more accessible or convenient transportation services;

      (5)  resources that may be necessary or appropriate to accomplish the expansion of transportation options; and

      (6)  any other factors or considerations deemed appropriate by the commissioner.

      c.  The Department may contract with a vendor to conduct the study.  No later than 60 days following enactment, the Department shall commence the study or shall commence the process of obtaining a vendor.  The Department or its designee may consult with other State agencies, including but not limited to, the Department of Children and Families, the Department of Transportation and the New Jersey Transit Corporation, as appropriate.

      d.  The commissioner may adopt rules and regulations necessary to effectuate the purposes of this act, which rules and regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).2


      2.   This act shall take effect immediately, but remain inoperative for 180 days following enactment 2, and shall expire upon the submission of the report to the Governor and the Legislature pursuant to section 1 of this act2.