Bill Text: NY A01175 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the NYC transit authority on-track and surface omnibus safety program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to corporations, authorities and commissions [A01175 Detail]
Download: New_York-2013-A01175-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1175
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. HEASTIE -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the transportation law, in relation to the New York city
transit authority on-track and surface omnibus program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 403 of the transportation law, as amended by chap-
2 ter 505 of the laws of 2011, is amended to read as follows:
3 S 403. Definitions. For the purposes of this article:
4 1. "New York city transit authority" shall be deemed to include its
5 subsidiary, the Manhattan and Bronx Surface Transit Operating Authority,
6 and any other agency that may come under the control of the New York
7 city transit authority.
8 2. "Daniel Boggs - Marvin Franklin New York city transit authority's
9 on-track AND SURFACE OMNIBUS safety program" shall mean the program as
10 described in section four hundred six AND SECTION FOUR HUNDRED EIGHT of
11 this article.
12 S 2. Section 404 of the transportation law, as amended by chapter 505
13 of the laws of 2011, is amended to read as follows:
14 S 404. Establishment of the Daniel Boggs - Marvin Franklin New York
15 city transit authority [track] ON-TRACK AND SURFACE OMNIBUS safety task
16 force. There is hereby established the Daniel Boggs - Marvin Franklin
17 New York city transit [track] ON-TRACK AND SURFACE OMNIBUS safety task
18 force with responsibility for the review of the Daniel Boggs - Marvin
19 Franklin New York city transit authority's on-track AND SURFACE OMNIBUS
20 safety program, including the following:
21 1. training and qualifications of affected employees;
22 2. appropriate procedures for protecting New York city transit author-
23 ity employees engaged in work along the track right-of-way, AND OPERA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04946-01-3
A. 1175 2
1 TORS OF SURFACE OMNIBUS VEHICLES including good faith challenge proce-
2 dures;
3 3. instructions to train AND SURFACE OMNIBUS operators;
4 4. relevant New York city transit authority rules;
5 5. third rail safety;
6 6. illumination; and
7 7. any additional related safety matters.
8 S 3. Section 405 of the transportation law, as amended by chapter 505
9 of the laws of 2011, is amended to read as follows:
10 S 405. Daniel Boggs - Marvin Franklin New York city transit authority
11 [track] ON-TRACK AND SURFACE OMNIBUS safety task force membership. 1.
12 The Daniel Boggs - Marvin Franklin New York city transit authority
13 [track] ON-TRACK AND SURFACE OMNIBUS safety task force shall consist of
14 a total of four members as follows:
15 (a) the commissioner or his or her designee;
16 (b) the commissioner of labor or his or her designee;
17 (c) the president of New York city transit authority or his or her
18 designee; and
19 (d) the president of Transport Workers Union, Local 100, an affiliate
20 of the New York state AFL-CIO, or his or her designee.
21 2. The commissioner or his or her designee shall be the chair of the
22 [track] ON-TRACK AND SURFACE OMNIBUS safety task force.
23 3. The [track] ON-TRACK AND SURFACE OMNIBUS safety task force shall
24 meet as often as deemed necessary by the chair but in no event less than
25 four times per year. Any member may call a meeting on not less than ten
26 days written notice to the other members.
27 4. The members of the [track] ON-TRACK AND SURFACE OMNIBUS safety task
28 force shall receive no salary or other compensation for their services
29 but shall be entitled to reimbursement for actual and necessary expenses
30 incurred in the performance of their duties.
31 S 4. Section 408 of article 16 of the transportation law is renumbered
32 section 410 and two new sections 408 and 409 are added to read as
33 follows:
34 S 408. SURFACE OMNIBUS SAFETY PROGRAM. 1. BY MAY FIRST, TWO THOUSAND
35 FOURTEEN, THE DANIEL BOGGS - MARVIN FRANKLIN NEW YORK CITY TRANSIT
36 AUTHORITY TRACK AND SURFACE OMNIBUS SAFETY TASK FORCE SHALL ISSUE ONE OR
37 MORE REPORTS SETTING FORTH THE RECOMMENDATIONS OF ITS MEMBERS WITH
38 RESPECT TO THE IMPLEMENTING OF THE NEW YORK CITY TRANSIT AUTHORITY
39 SURFACE OMNIBUS SAFETY PROGRAM. SUCH REPORTS SHALL BE SENT TO THE
40 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
41 ASSEMBLY.
42 2. SUCH TRACK AND SURFACE OMNIBUS SAFETY TASK FORCE SHALL ALSO PROVIDE
43 TO THE PUBLIC EMPLOYEE SAFETY AND HEALTH BUREAU WITHIN THE DEPARTMENT OF
44 LABOR AND TO ALL LABOR ORGANIZATIONS THAT REPRESENT NEW YORK CITY TRANS-
45 IT AUTHORITY EMPLOYEES ENGAGED IN WORK OPERATING AND MAINTAINING SURFACE
46 OMNIBUS VEHICLES A COPY OF ITS REPORTS.
47 3. SUCH TRACK AND SURFACE OMNIBUS SAFETY TASK FORCE SHALL SET FORTH
48 PROCEDURES TO INSURE THAT PRIOR TO THE DAILY DEPLOYMENT OF ANY OMNIBUS
49 VEHICLE TO PROVIDE MASS TRANSIT SERVICES TO THE PUBLIC A COMPREHENSIVE
50 INSPECTION OF MECHANICAL SYSTEMS, GLASS, DOORS, TIRES AND LIFTS FOR
51 HANDICAPPED PASSENGERS FOR SUCH VEHICLE IS COMPLETED IN ACCORDANCE WITH
52 THE RULES AND REGULATIONS OF THE COMMISSIONER, AND THAT ANY AND ALL
53 DEFECTS DETECTED ARE PROPERLY REPAIRED PRIOR TO PLACING SUCH VEHICLE IN
54 SERVICE, AND ANY OTHER SAFETY PROCEDURES ITS MEMBERS DEEM NECESSARY AND
55 PRUDENT TO PROTECT EMPLOYEES OF THE NEW YORK CITY TRANSIT AUTHORITY AND
56 THE PUBLIC-AT-LARGE. NOTWITHSTANDING ANY LAW, RULE OR CONTRACT PROVISION
A. 1175 3
1 TO THE CONTRARY, NO EMPLOYEE, AGENT OR OTHER PERSON ACTING ON BEHALF OF
2 THE NEW YORK CITY TRANSIT AUTHORITY IS AUTHORIZED TO KNOWINGLY OPERATE
3 OR KNOWINGLY OR RECKLESSLY COMPEL ANOTHER TO OPERATE AN OMNIBUS VEHICLE
4 THAT HAS AN UNCORRECTED DEFICIENCY NOTED IN THE INSPECTION. THE TASK
5 FORCE SHALL DOCUMENT IN ITS REPORTS THE NUMBER OF INSTANCES WHEN OMNIBUS
6 VEHICLES ARE PLACED INTO SERVICE DESPITE HAVING UNCORRECTED DEFICIEN-
7 CIES, AND THE ADVERSE PERSONNEL ACTION UNDERTAKEN, IF ANY, BY THE NEW
8 YORK CITY TRANSIT AUTHORITY AS A RESULT OF SUCH IMPROPER DEPLOYMENTS
9 INTO SERVICE.
10 S 409. WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM. 1. "WHISTLEBLOW-
11 ER", AS USED IN THIS ARTICLE, SHALL MEAN ANY EMPLOYEE OF THE NEW YORK
12 CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARIES, WHO DISCLOSES A MATE-
13 RIAL BREACH OF ANY SAFETY PROCEDURE REQUIRED BY LAW, RULE OR REGULATION
14 OF THE COMMISSIONER OR IN CONTRACT PROVISIONS, WHETHER OR NOT THE BREACH
15 OF WHICH CAUSES OR COULD REASONABLY CAUSE INJURY TO AN EMPLOYEE OF SUCH
16 TRANSIT AUTHORITY OR THE PUBLIC-AT-LARGE, TO THE METROPOLITAN TRANSPOR-
17 TATION AUTHORITY INSPECTOR GENERAL. THE SCOPE OF THE PROTECTIONS UNDER
18 THIS SECTION AND IN SECTION TWELVE HUNDRED SEVENTY-NINE OF THE PUBLIC
19 AUTHORITIES LAW, WILL ALSO APPLY TO ANY INFORMATION RENDERED BY AN
20 EMPLOYEE OF THE NEW YORK CITY TRANSIT AUTHORITY REGARDING THE UNAUTHOR-
21 IZED DIRECTION BY ANOTHER EMPLOYEE, AGENT OR PERSON AFFILIATED WITH THE
22 NEW YORK CITY TRANSIT AUTHORITY TO IGNORE OR OTHERWISE DISREGARD SUCH
23 SAFETY PROCEDURES.
24 2. ANY COMMUNICATIONS BETWEEN AN EMPLOYEE AND THE METROPOLITAN TRANS-
25 PORTATION AUTHORITY INSPECTOR GENERAL PURSUANT TO THIS SECTION SHALL BE
26 HELD STRICTLY CONFIDENTIAL BY THE INSPECTOR GENERAL, UNLESS THE EMPLOYEE
27 SPECIFICALLY WAIVES IN WRITING THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT
28 SUCH CONFIDENTIALITY SHALL NOT EXEMPT THE INSPECTOR GENERAL FROM
29 DISCLOSING SUCH INFORMATION, WHERE APPROPRIATE, TO THE STATE INSPECTOR
30 GENERAL IN ACCORDANCE WITH SECTION FIFTY-FIVE OF THE EXECUTIVE LAW, OR
31 PREVENT DISCLOSURE TO ANY LAW ENFORCEMENT AUTHORITY.
32 S 5. This act shall take effect immediately.
