Bill Text: NY A09107 | 2013-2014 | General Assembly | Introduced


Bill Title: Establishes and empowers the station agent study commission and provides for its dissolution upon completion of its duties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-17 - referred to corporations, authorities and commissions [A09107 Detail]

Download: New_York-2013-A09107-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9107
                                 I N  A S S E M B L Y
                                    March 17, 2014
                                      ___________
       Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
         tee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to  establishing
         and  empowering  the  station agent study commission and providing for
         its dissolution upon completion of its duties
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public  authorities  law  is amended by adding a new
    2  section 1206-b to read as follows:
    3    S 1206-B. STATION AGENT STUDY COMMISSION. 1. A  TEMPORARY  COMMISSION,
    4  TO  BE  KNOWN AS THE "STATION AGENT STUDY COMMISSION", IS HEREBY CREATED
    5  TO STUDY AND MAKE RECOMMENDATIONS RELATING TO THE IMPACT ON THE  QUALITY
    6  OF  SERVICE PROVIDED BY THE NEW YORK TRANSIT AUTHORITY AFTER THE REMOVAL
    7  OF STATION AGENTS AT SUBWAY STATIONS.
    8    2. THE COMMISSION SHALL CONSIST OF THIRTEEN MEMBERS TO BE APPOINTED AS
    9  FOLLOWS:  THREE PERSONS SHALL BE APPOINTED BY THE GOVERNOR, ONE OF  WHOM
   10  IS  DESIGNATED  BY  THE  GOVERNOR  AS CHAIR OF THE JOINT COMMISSION; ONE
   11  ADDITIONAL PERSON SHALL BE APPOINTED BY THE GOVERNOR UPON THE  RECOMMEN-
   12  DATION  OF THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY;
   13  ONE ADDITIONAL PERSON SHALL BE APPOINTED BY THE GOVERNOR UPON THE RECOM-
   14  MENDATION OF THE LABOR  ORGANIZATION  REPRESENTING  A  MAJORITY  OF  THE
   15  EMPLOYEES  AT THE NEW YORK CITY TRANSIT AUTHORITY; ONE ADDITIONAL PERSON
   16  SHALL BE  APPOINTED  BY  THE  GOVERNOR  UPON  THE  RECOMMENDATION  OF  A
   17  NOT-FOR-PROFIT  ADVOCACY  GROUP  REPRESENTING  CONSUMERS OF MASS TRANSIT
   18  SERVICES WITHIN NEW YORK CITY; ONE PERSON  SHALL  BE  APPOINTED  BY  THE
   19  SPEAKER  OF THE ASSEMBLY; ONE PERSON SHALL BE APPOINTED BY THE TEMPORARY
   20  PRESIDENT OF THE SENATE; TWO PERSONS SHALL BE APPOINTED BY  THE  SPEAKER
   21  OF THE NEW YORK CITY COUNCIL, AT LEAST ONE OF WHOM SHALL BE THE CHAIR OF
   22  THE TRANSPORTATION COMMITTEE OF THE COUNCIL, AND THE OTHER OF WHOM SHALL
   23  BE  A  RESIDENT OF A DIFFERENT BOROUGH THAN THE CHAIR OF THE TRANSPORTA-
   24  TION COMMITTEE OF THE COUNCIL; TWO PERSONS SHALL  BE  APPOINTED  BY  THE
   25  MAYOR OF THE CITY OF NEW YORK, AT LEAST ONE OF WHOM SHALL BE THE COMMIS-
   26  SIONER OF THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION; AND ONE PERSON
   27  SHALL  BE  APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF NEW YORK. ALL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14370-01-4
       A. 9107                             2
    1  MEMBERS OF THE COMMISSION SHALL BE APPOINTED WITHIN NINETY DAYS  OF  THE
    2  EFFECTIVE DATE OF THIS SECTION.
    3    3.  THE  MEMBERS  OF  THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
    4  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
    5  INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT  TO  THIS  SECTION.
    6  SUCH  EXPENSES SHALL BE PAID OUT OF OPERATING APPROPRIATIONS MADE TO THE
    7  METROPOLITAN TRANSIT AUTHORITY BY THE STATE.
    8    4. THE JOINT COMMISSION SHALL HAVE THE POWER TO:
    9    A. CONDUCT PUBLIC HEARINGS TO RECEIVE COMMENT ON  THE  IMPACT  OF  THE
   10  ELIMINATION  OF  STATION  AGENTS  FROM  POLICY MAKERS, COMMUNITY GROUPS,
   11  BUSINESSES, URBAN PLANNERS, LAW ENFORCEMENT AGENTS,  RESIDENTS  AND  ANY
   12  OTHER  INDIVIDUALS  UTILIZING A MASS TRANSIT NETWORK, PARTS OF WHICH ARE
   13  RENDERED BENEATH THE STREET LEVEL SURFACE;
   14    B. COMPILE, COLLECT, REVIEW AND OTHERWISE ORGANIZE THE BEST  PRACTICES
   15  FOR OPERATING SUBTERRANEAN MASS TRANSIT SERVICES THROUGHOUT THE WORLD;
   16    C. EMPOWER AND FUND SITE VISITS BY COMMISSION MEMBERS TO OTHER PUBLIC-
   17  LY OPERATED SUBTERRANEAN MASS TRANSIT NETWORKS IN NORTH AMERICA;
   18    D.  COMPOSE  AND  DISTRIBUTE  AN INTERIM REPORT CONTAINING PRELIMINARY
   19  FINDINGS OF FACT, RECOMMENDATIONS AND OTHER INFORMATION  DEEMED  PRUDENT
   20  BY  THE  MAJORITY  OF  THE  JOINT COMMISSION ON OR BEFORE THE END OF THE
   21  SIXTH MONTH AFTER ITS INITIAL MEETING AND  A  FINAL  REPORT  SIX  MONTHS
   22  THEREAFTER;
   23    E. UTILIZE EXISTING PERSONNEL OF THE METROPOLITAN TRANSIT AUTHORITY OR
   24  ANY  OF  ITS  SUBSIDIARIES  TO  SUPPORT  ANY OF ITS LAWFUL ACTIVITIES TO
   25  COMPLY WITH THE PROVISIONS OF THIS SECTION; AND
   26    F. CONDUCT A COST BENEFIT ANALYSIS ON THE EFFECT OF  REMOVING  STATION
   27  AGENTS  FROM  A  MASS  TRANSIT  NETWORK  HAVING ELEMENTS OF SUCH SERVICE
   28  DELIVERED IN A SUBTERRANEAN SETTING.
   29    5. THE COMMISSION SHALL MAKE A REPORT OF ITS  FINDINGS  AND  MAKE  ANY
   30  RECOMMENDATIONS  IT  MAY DEEM NECESSARY AND APPROPRIATE TO THE GOVERNOR,
   31  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE  ASSEMBLY
   32  AND  TO  THE  SPEAKER  OF THE NEW YORK CITY COUNCIL AND THE MAYOR OF THE
   33  CITY OF NEW YORK NO LATER THAN ONE YEAR AFTER ALL OF THE MEMBERS OF  THE
   34  COMMISSION  HAVE  BEEN  APPOINTED. UPON PRESENTATION OF THIS REPORT, THE
   35  COMMISSION SHALL BE DISSOLVED.
   36    6. PRIOR TO THE COMMISSION RENDERING ITS FINAL REPORT AS  REQUIRED  BY
   37  SUBDIVISION FIVE OF THIS SECTION, THE METROPOLITAN TRANSIT AUTHORITY AND
   38  ANY  OF  ITS  SUBSIDIARIES ARE PROHIBITED FROM ELIMINATING ANY POSITION,
   39  JOB TITLE, OR PERSON SERVING AS STATION AGENT AT THE TIME OF THE  EFFEC-
   40  TIVE DATE OF THIS SECTION.  ANY PERSON OR AUTHORIZED COLLECTIVE BARGAIN-
   41  ING UNIT REPRESENTING SUCH PERSON, SHALL HAVE STANDING TO SEEK AN APPRO-
   42  PRIATE   REMEDY   PURSUANT  TO  GRIEVANCE  PROCEDURES  SET  FORTH  IN  A
   43  COLLECTIVELY BARGAINED AGREEMENT TO INCLUDE BUT NOT BE LIMITED TO,  BACK
   44  PAY,  REINSTATEMENT  OF  BENEFITS,  REINSTATEMENT OF PENSION CREDITS AND
   45  OTHER RELIEF WHEN SUCH TRANSIT AUTHORITY VIOLATES  THE  PROHIBITION  SET
   46  FORTH IN THIS SUBDIVISION.
   47    S 2. This act shall take effect immediately.
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