Bill Text: NY S00484 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, shall suffer a physical and/or mental injury that is caused by a passenger, customer or member of the public while the employee is performing an assigned duty, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S00484 Detail]

Download: New_York-2023-S00484-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         484--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens. COMRIE, RAMOS, SEPULVEDA -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation  --  reported favorably from said committee and committed to
          the Committee  on  Finance  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the  public authorities law, in relation to employer
          liability for on-duty assaults of employees

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 1266-l of the public authorities law, as added by
     2  chapter 668 of the laws of 2022, is renumbered section 1266-m and a  new
     3  section 1266-n is added to read as follows:
     4    §  1266-n. Employer liability for on-duty assaults of employees. 1. If
     5  any employee, engaged in the service of any commuter rail service  owned
     6  or  operated by the authority or its subsidiary, shall suffer a physical
     7  and/or mental injury that is caused by a passenger, customer  or  member
     8  of  the public while the employee is performing an assigned duty, pursu-
     9  ant to subdivision eleven of section 120.05 of the penal law  or  other-
    10  wise,  the  employer  shall  be  held  liable  for any health care costs
    11  attributable to such injury and, in cases where it is determined by  his
    12  or  her  health  care  provider  that such injured employee is unable to
    13  perform his or her assigned duties due to  such  injury,  such  employee
    14  shall  be  compensated  by  the  employer at an amount not less than the
    15  employee would have earned on the  assignment  they  would  have  worked
    16  until  such time that such employee is designated able to return to work
    17  by his or her health care provider.
    18    2. Nothing in this section shall be deemed  to  diminish  the  rights,
    19  privileges,  or remedies of any employee under any collective bargaining
    20  agreement or employment contract.
    21    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00617-02-3