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Part XV: Transportation

n

RESOLUTIONTOREPEALSPECIALPRIVILEGESINTRANSIT

ALEC’s model Resolution to Repeal Special Privileges In Transit would reduce or eliminate costly special

privileges that grant transit workers benefits and provisions above the vast majority of American workers.

Model Resoluiion

WHEREAS, the nation faces serious problems of urban traffic congestion and air pollution; and

WZZEZtEAS,substitution of transit trips by automobile drivers reducestraffic congestion and air pollution; and

WHEZUIAS, substitution of transit trips by automobile drivers has been a principal policy justification for spending

more than $200 billion to subsidize transit operations and constmct expensive rail systems; and

WZfEmS, a great percentageof traffic congestion and air pollution is attributable to the journey to work; and

WHERfZ4S, overwhelming evidence indicates that the percentage of people using transit for the work trip

continues to decline, with market share decreasesbetween 1980 and 1990 of mere than 30 percent in half of the

nation’s metropolitan areas with more than one million people, and market share increases in only two of the

largest 39 metropolitan areas;and

WHEZtRAS, public transit unit costs have risen well in excess of inflation, despite evidence that unit costs in

similar private and public industries have declined relative to inflation; and

WHEREAS, public transit’s extraordinary cost escalation required cancellation of services that reduced transit

ridership and has precluded the establishment of additional services that might have increased public transit’s

market share; and

WHEREAS, public transit’s

extraordinary cost escalation is at least partially attributable to the onerous provisions

and administration of Section 13(c) of the Urban Mass Transportation Act of 1964, as amended,and

WZZEZCEAS,

Section 13(c) provides special privileges for public transit workers far in excessof the rights of otha

workers, thereby serving a private, rather than a public

purpose; and

WHERZXS, Section 13(c) has been administered by the US. Department of Labor in such a manner that it has

created disincentives for public transit organizations to implement innovative programs that would cost effectively

improve mobility,

NOW THEREFORE BE IT RESOLVED,

that the legislature requests that the Congress of the United States

repeal Section 13(c) at the earliest possible opportunity, making transit workers subject to the same body of labor

law as applies to the

vast majority of American workers; and

BE IT FURTHER RESOLVED , that pending repeal of Section 13(c), the Legislature requests that the President

instruct the Secretary of Labor to not impose labor provisions that are greater than the law requires; and

BE IT FURTHER RESOLVED, that pending repeal of Section 13(c), the Legislature requests that the President

instruct the Secretary of Labor to not extend Section 13(c) privileges beyond the extent of federal funding; and

BE IT FURTHER RESOLVED, that pending repeal of Section 13(c), the Legislature requests that the President

instruct the Secretary of Labor to require that any compensation or other remedy under Section 13(c) be denied

unless harm is a sole and direct consequenceof the receipt of a particular federal grant; and

RR ZT FURTHER RESOLVED, that the Clerk of both Houses of the Legislature transmit copies of this

resolution to the President of the United States, the Vice President of the United States, the Speaker of the

Volume II:

Sourcebook ofAmerrcan State Legislation 1995

372

Speaker of the United States House

Congress.

Part XV: Transportation

n

of Representatives, the U.S. Secretary of Labor, and Members of

Yolune II:

Sourcebook ofAmerican State Legislation 1995

373