S T A T E O F N E W Y O R K ________________________________________________________________________ 2294 2011-2012 Regular Sessions I N A S S E M B L Y January 18, 2011 ___________ Introduced by M. of A. CLARK -- read once and referred to the Committee on Transportation AN ACT to amend the transportation law, in relation to renaming the New York City transit authority track safety force and the New York city transit authority on-track safety program to the Daniel Boggs - Marvin Franklin New York city transit track safety force and the Daniel Boggs - Marvin Franklin New York city transit authority on-track safety program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The article heading of article 16 of the transportation 2 law, as added by chapter 209 of the laws of 2007, is amended to read as 3 follows: 4 DANIEL BOGGS - MARVIN FRANKLIN 5 NEW YORK CITY TRANSIT AUTHORITY TRACK SAFETY TASK FORCE 6 S 2. Sections 403, 404 and 406 of the transportation law, as added by 7 chapter 209 of laws of 2007, are amended to read as follows: 8 S 403. Definitions. For the purposes of this article: 9 1. "New York city transit authority" shall be deemed to include its 10 subsidiary, the Manhattan and Bronx Surface Transit Operating Authority, 11 and any other agency that may come under the control of the New York 12 city transit authority. 13 2. "DANIEL BOGGS - MARVIN FRANKLIN New York city transit authority's 14 on-track safety program" shall mean the program as described in section 15 four hundred six of this article. 16 S 404. Establishment of the DANIEL BOGGS - MARVIN FRANKLIN New York 17 city transit authority track safety task force. There is hereby estab- 18 lished the DANIEL BOGGS - MARVIN FRANKLIN New York city transit track 19 safety task force with responsibility for the review of the DANIEL BOGGS 20 - MARVIN FRANKLIN New York city transit authority's on-track safety 21 program, including the following: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06638-01-1 A. 2294 2 1 1. training and qualifications of affected employees; 2 2. appropriate procedures for protecting New York city transit author- 3 ity employees engaged in work along the track right-of-way, including 4 good faith challenge procedures; 5 3. instructions to train operators; 6 4. relevant New York city transit authority rules; 7 5. third rail safety; 8 6. illumination; and 9 7. any additional related safety matters. 10 S 406. [On-track] DANIEL BOGGS - MARVIN FRANKLIN NEW YORK TRANSIT 11 AUTHORITY'S ON-TRACK safety program. 1. By May first, two thousand 12 eight, the DANIEL BOGGS - MARVIN FRANKLIN New York city transit authori- 13 ty track safety task force shall issue one or more reports setting forth 14 the recommendations of its members with respect to the DANIEL BOGGS - 15 MARVIN FRANKLIN New York city transit authority on-track safety program. 16 Such reports shall be sent to the governor, the temporary president of 17 the senate and the speaker of the assembly. 18 2. Such track safety task force shall also provide to the public 19 employee safety and health bureau within the department of labor and to 20 all labor organizations that represent New York city transit authority 21 employees engaged in work on or adjacent to the right-of-way a copy of 22 its reports. 23 3. Prior to implementation of any material modification to the DANIEL 24 BOGGS - MARVIN FRANKLIN New York city transit authority's on-track safe- 25 ty program, the New York city transit authority shall advise the task 26 force established in section four hundred four of this article which 27 shall review such modification at its next meeting; except that nothing 28 contained in this section shall be deemed to preclude or limit the right 29 of the New York city transit authority to implement any such modifica- 30 tion which it deems appropriate to enhance the safety of its employees, 31 customers or third parties. 32 S 3. Section 405 of the transportation law, as added by chapter 209 of 33 the laws of 2007 and subdivision 1 as amended by chapter 29 of the laws 34 of 2008, is amended to read as follows: 35 S 405. DANIEL BOGGS - MARVIN FRANKLIN New York city transit authority 36 track safety task force membership. 1. The DANIEL BOGGS - MARVIN FRANK- 37 LIN New York city transit authority track safety task force shall 38 consist of a total of four members as follows: 39 (a) the commissioner or his or her designee; 40 (b) the commissioner of labor or his or her designee; 41 (c) the president of New York city transit authority or his or her 42 designee; and 43 (d) the president of Transport Workers Union, Local 100, an affiliate 44 of the New York state AFL-CIO, or his or her designee. 45 2. The commissioner or his or her designee shall be the chair of the 46 track safety task force. 47 3. The track safety task force shall meet as often as deemed necessary 48 by the chair but in no event less than four times per year. Any member 49 may call a meeting on not less than ten days written notice to the other 50 members. 51 4. The members of the track safety task force shall receive no salary 52 or other compensation for their services but shall be entitled to 53 reimbursement for actual and necessary expenses incurred in the perform- 54 ance of their duties. 55 S 4. This act shall take effect immediately.