Bill Text: NY S04654 | 2013-2014 | General Assembly | Introduced

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

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Bill Title: Creates the New York city transit authority safety advisory panel to study and report on safety from terrorist acts and to provide a moratorium on the closing of token booths and minimum staffing levels on trains operated in passenger service in the NYC transit system.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Vetoed) 2014-12-29 - VETOED MEMO.580 [S04654 Detail]

Download: New_York-2013-S04654-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4654
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 17, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the public authorities law, in relation  to  creating  a
         New  York  city  transit  authority safety advisory panel to study and
         report on safety from terrorist acts and to provide for  a  moratorium
         on  the  closing of token booths and minimum staffing levels on trains
         operated in passenger service in the New York city transit system
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "transit authority passenger security and safety act".
    3    S 2. The public authorities law is amended by  adding  a  new  section
    4  1204-f to read as follows:
    5    S 1204-F. MINIMUM STAFFING OF TRAINS OPERATED IN PASSENGER SERVICE. 1.
    6  THE  LEGISLATURE  FINDS  THAT THE PRESENCE OF TRAIN CONDUCTORS AND TRAIN
    7  OPERATORS ON SUBWAY TRAINS OPERATED BY  THE  AUTHORITY  IS  PARTICULARLY
    8  ESSENTIAL  TO  THE SAFETY OF PASSENGERS WHEN EMERGENCIES ARISE INCLUDING
    9  WHEN TRAINS ARE IN TUNNELS UNDER BODIES OF WATER  OR  ON  BRIDGES,  WHEN
   10  TRAINS  ARE  LONG  OR  COMPOSED  OF NUMEROUS CARS, AND DURING PERIODS OF
   11  HEAVY PASSENGER VOLUME.
   12    2. THE AUTHORITY SHALL INSURE THAT AT LEAST ONE TRAIN OPERATOR AND ONE
   13  CONDUCTOR SHALL BE DEPLOYED ON EACH AND EVERY TRAIN IN PASSENGER SERVICE
   14  WHICH MEETS ONE OF THE FOLLOWING CONDITIONS:
   15    A. THE TRAIN IS MADE UP OF MORE THAN FOUR RAILROAD CARS OR IS  GREATER
   16  THAN THREE HUNDRED SIXTY FEET IN LENGTH; OR
   17    B.  THE TRAIN SERVES PASSENGERS ON A LINE THAT PASSES THROUGH A TUNNEL
   18  UNDER A RIVER OR TIDAL ESTUARY OR ON BRIDGES; OR
   19    C. THE TRAIN IS OPERATING IN PASSENGER SERVICE ON  A  LINE  WHERE  THE
   20  POTENTIAL  PASSENGER LOAD ON THE TRAIN AT ANY POINT IN TIME IS IN EXCESS
   21  OF SEVEN HUNDRED FIFTY PASSENGERS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00746-01-3
       S. 4654                             2
    1    S 3. The public authorities law is amended by  adding  a  new  section
    2  1205-b to read as follows:
    3    S  1205-B.  NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL.  1.
    4  A. THERE IS HEREBY CREATED THE NEW YORK CITY  TRANSIT  AUTHORITY  SAFETY
    5  ADVISORY  PANEL, TO STUDY, MONITOR AND MAKE RECOMMENDATIONS WITH RESPECT
    6  TO THE PUBLIC SAFETY FROM TERRORIST THREATS  AND  CRIMINAL  MISCHIEF  IN
    7  PASSENGER  STATIONS  OF  THE  AUTHORITY, ITS SUBSIDIARIES AND THE STATEN
    8  ISLAND RAPID TRANSIT OPERATING AUTHORITY.
    9    B. THE NEW YORK CITY TRANSIT AUTHORITY  SAFETY  ADVISORY  PANEL  SHALL
   10  CONSIST  OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, OF WHOM TWO MEMBERS
   11  SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
   12  THE SENATE AND TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF
   13  THE SPEAKER OF THE ASSEMBLY. THE MEMBERS OF THE NEW  YORK  CITY  TRANSIT
   14  AUTHORITY  SAFETY ADVISORY PANEL SHALL BE SELECTED FROM THE LAW ENFORCE-
   15  MENT, EMERGENCY RESPONSE MANAGEMENT, WORKER AND RIDER ADVOCATE  COMMUNI-
   16  TIES  AND  SHALL  INCLUDE  AT  LEAST THREE MEMBERS WHO ARE COMMUTERS WHO
   17  REGULARLY USE THE TRANSPORTATION SERVICES OF THE AUTHORITIES REFERRED TO
   18  IN PARAGRAPH A OF THIS SUBDIVISION. THE CHAIRPERSON SHALL  BE  A  MEMBER
   19  SELECTED  BY  THE MEMBERSHIP OF THE COMMITTEE. VACANCIES OCCURRING SHALL
   20  BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS.
   21    C. THE MEMBERS OF THE NEW YORK CITY TRANSIT AUTHORITY SAFETY  ADVISORY
   22  PANEL  SHALL  RECEIVE  NO  COMPENSATION  FOR THEIR SERVICES BUT SHALL BE
   23  REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
   24  OF THEIR DUTIES.
   25    2. A. THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL  SHALL
   26  UNDERTAKE  A  STUDY  TO  EVALUATE  THE  RANGE OF STRATEGIES AVAILABLE TO
   27  ENSURE THE SAFETY OF THE PUBLIC, INCLUDING ITS INGRESS AND  EGRESS  FROM
   28  PASSENGER  STATIONS,  AND  ALL  MEANS OF DETERRING TERRORIST ATTACKS AND
   29  CRIMINAL MISCHIEF. SUCH STUDY SHALL BE SUBMITTED TO THE GOVERNOR AND THE
   30  LEGISLATURE, AND MADE AVAILABLE TO THE PUBLIC, WITHIN THREE YEARS OF THE
   31  EFFECTIVE DATE OF THIS SECTION. SUCH REPORT SHALL BE MADE  AVAILABLE  TO
   32  THE  PUBLIC IMMEDIATELY FOLLOWING ITS SUBMISSION TO THE GOVERNOR AND THE
   33  LEGISLATURE.
   34    B. NO TOKEN BOOTHS WITHIN THE PASSENGER STATIONS OF THE AUTHORITY, ITS
   35  SUBSIDIARIES OR THE STATEN  ISLAND  RAPID  TRANSIT  OPERATING  AUTHORITY
   36  SHALL  BE  CLOSED  OR PARTIALLY CLOSED, EXCEPT FOR PURPOSES OF REPAIR OR
   37  RENOVATION OR IN CASE OF EMERGENCY, UNTIL THE LATER OF JULY  FIRST,  TWO
   38  THOUSAND  FOURTEEN OR THE DATE OF THE SUBMISSION OF THE ADVISORY PANEL'S
   39  REPORT TO THE GOVERNOR AND THE LEGISLATURE.
   40    3. THE NEW YORK CITY  TRANSIT  AUTHORITY  SAFETY  ADVISORY  PANEL  MAY
   41  REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
   42  COMMISSION, AGENCY, PUBLIC AUTHORITY OF THE STATE OR ANY PUBLIC SUBDIVI-
   43  SION THEREOF SUCH ASSISTANCE AND DATA AS  WILL  ENABLE  IT  TO  PROPERLY
   44  CARRY  OUT  ITS  ACTIVITIES  AND TO EFFECTUATE THE PURPOSES SET FORTH IN
   45  THIS SECTION.
   46    S 4. This act shall take effect immediately.