senate Bill S1968

Amended

Directs the director of the office of homeland security and emergency services to conduct a review of security of metropolitan transportation authority facilities

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2011
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Jan / 2012
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 05 / Jan / 2012
    • PRINT NUMBER 1968A
  • 08 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Directs the director of the division of homeland security and emergency services to conduct a review and analysis of the security measures taken at the transportation facilities of the metropolitan transportation authority and its subsidiaries; requires such director to issue confidential reports of his or her findings and recommendations.

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Bill Details

See Assembly Version of this Bill:
A1649
Versions:
S1968
S1968A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Amd §709, add §718, Exec L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A5233, A5233
2007-2008: A1833, A1833

Sponsor Memo

BILL NUMBER:S1968

TITLE OF BILL:
An act
to amend the executive law, in relation to creation of security measures
for the transportation facilities of the metropolitan transportation
authority

PURPOSE OR GENERAL IDEA OF BILL:
To create security measures that would prevent persons from causing
harm through the damage and destruction of the critical
infrastructure of the metropolitan transportation authority.

SUMMARY OF SPECIFIC PROVISIONS:
This legislation authorizes the Director of Homeland Security to
review security measures taken by the MTA and issue a report on the
findings.
The director would be empowered to mandate compliance with the
recommendations of the report.

JUSTIFICATION:
Recent events have exposed the vulnerability of our mass transit
system to potential dangers. In light of these recent events, it is
particularly important to enact the proper security measures to our
transit infrastructure 50 that they are secured and do not result in
an added burden on law enforcement at best and a security risk at
worst.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1968

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the executive law, in relation to creation  of  security
  measures  for the transportation facilities of the metropolitan trans-
  portation authority

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (q) of subdivision 2 of section 709 of the execu-
tive  law,  as amended by section 14 of part B of chapter 56 of the laws
of 2010, is amended to read as follows:
  (q) request from any department, division, office, commission or other
agency of the state or any political subdivision thereof, OR ANY  PUBLIC
AUTHORITY  OR PUBLIC BENEFIT CORPORATION, and the same are authorized to
provide, such assistance, services and data as may be  required  by  the
division of homeland security and emergency services in carrying out the
purposes  of  this article, subject to applicable laws, rules, and regu-
lations;
  S 2. The executive law is amended by adding a new section 718 to  read
as follows:
  S 718. PROTECTION OF CRITICAL INFRASTRUCTURE; METROPOLITAN TRANSPORTA-
TION  AUTHORITY  FACILITIES.  1.  NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, THE DIRECTOR OF THE OFFICE OF HOMELAND  SECURITY  SHALL  CONDUCT  A
REVIEW  AND  ANALYSIS OF MEASURES BEING TAKEN BY THE METROPOLITAN TRANS-
PORTATION AUTHORITY AND ANY OTHER AGENCY OR AUTHORITY OF  THE  STATE  OR
ANY POLITICAL SUBDIVISION THEREOF AND, TO THE EXTENT PRACTICABLE, OF ANY
FEDERAL  ENTITY,  TO  PROTECT  THE  SECURITY  OF CRITICAL INFRASTRUCTURE
RELATED TO THE TRANSPORTATION  FACILITIES,  WHICH  SHALL  INCLUDE  THOSE
FACILITIES  SET  FORTH IN SUBDIVISION FOURTEEN OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW  AND  SHALL  ALSO  INCLUDE,  FOR
PURPOSES  OF  THIS  SECTION,  BRIDGES  AND  TUNNELS, OF THE METROPOLITAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04806-01-1

S. 1968                             2

TRANSPORTATION AUTHORITY AND OF ALL SUBSIDIARIES OF SUCH AUTHORITY.  THE
DIRECTOR OF THE OFFICE OF HOMELAND SECURITY SHALL HAVE THE AUTHORITY  TO
REVIEW  ANY  AUDITS  OR REPORTS RELATED TO THE SECURITY OF SUCH CRITICAL
INFRASTRUCTURE,  INCLUDING AUDITS OR REPORTS CONDUCTED AT THE REQUEST OF
THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY OTHER AGENCY OR AUTHOR-
ITY OF THE STATE OR ANY POLITICAL SUBDIVISION THEREOF OR, TO THE  EXTENT
PRACTICABLE, OF ANY FEDERAL ENTITY. THE OPERATORS OF SUCH TRANSPORTATION
FACILITIES  SHALL, IN COMPLIANCE WITH ANY FEDERAL AND STATE REQUIREMENTS
REGARDING THE DISSEMINATION OF SUCH INFORMATION, PROVIDE ACCESS  TO  THE
DIRECTOR  OF  THE  OFFICE OF HOMELAND SECURITY TO SUCH AUDITS OR REPORTS
REGARDING SUCH CRITICAL INFRASTRUCTURE PROVIDED, HOWEVER, THAT EXCLUSIVE
CUSTODY AND CONTROL OF SUCH AUDITS AND REPORTS SHALL REMAIN SOLELY  WITH
THE  OPERATORS  OF  SUCH  TRANSPORTATION FACILITIES. FOR THE PURPOSES OF
THIS  ARTICLE,  THE  TERM  "CRITICAL  INFRASTRUCTURE"  HAS  THE  MEANING
ASCRIBED  TO  THAT TERM IN SUBDIVISION FIVE OF SECTION EIGHTY-SIX OF THE
PUBLIC OFFICERS LAW.
  2. (A) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWELVE,  AND
NOT  LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS THERE-
AFTER, THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY SHALL  REPORT  TO
THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, AND THE BOARD OF ANY SUCH AFFECTED  TRANSPORTATION  AUTHORITY.
SUCH  REPORT  SHALL  REVIEW  THE SECURITY MEASURES BEING TAKEN REGARDING
CRITICAL INFRASTRUCTURE RELATED TO TRANSPORTATION FACILITIES, AS DEFINED
IN SUBDIVISION FOURTEEN OF  SECTION  TWELVE  HUNDRED  SIXTY-ONE  OF  THE
PUBLIC  AUTHORITIES  LAW,  ASSESS THE EFFECTIVENESS THEREOF, AND INCLUDE
RECOMMENDATIONS TO THE LEGISLATURE, OR THE  METROPOLITAN  TRANSPORTATION
AUTHORITY  IF THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY DETERMINES
THAT ADDITIONAL MEASURES ARE REQUIRED  TO  BE  IMPLEMENTED,  CONSIDERING
AMONG  OTHER  FACTORS, THE UNIQUE CHARACTERISTICS OF EACH TRANSPORTATION
FACILITY. ON OR BEFORE APRIL THIRTIETH, TWO THOUSAND TWELVE, THE  DIREC-
TOR  OF  THE OFFICE OF HOMELAND SECURITY SHALL MAKE A PRELIMINARY REPORT
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF
THE ASSEMBLY, AND THE BOARD OF ANY SUCH AFFECTED TRANSPORTATION AUTHORI-
TY.
  (B)  BEFORE  THE RECEIPT OF SUCH REPORT IDENTIFIED IN PARAGRAPH (A) OF
THIS SUBDIVISION, EACH RECIPIENT OF SUCH REPORT SHALL DEVELOP  CONFIDEN-
TIALITY  PROTOCOLS, WHICH SHALL BE BINDING UPON THE RECIPIENT WHO ISSUES
THE PROTOCOLS AND ANYONE TO WHOM THE  RECIPIENT  SHOWS  A  COPY  OF  THE
REPORT,  IN  CONSULTATION  WITH  THE  DIRECTOR OF THE OFFICE OF HOMELAND
SECURITY FOR THE MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE  THE
CONFIDENTIALITY  OF  THE  REPORT  AND ALL INFORMATION CONTAINED THEREIN,
PROVIDED, HOWEVER, THAT SUCH PROTOCOLS  SHALL  NOT  BE  BINDING  UPON  A
PERSON  WHO  IS  PROVIDED  ACCESS  TO  SUCH  REPORT  OR  ANY INFORMATION
CONTAINED THEREIN PURSUANT TO SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS
LAW AFTER A FINAL DETERMINATION THAT ACCESS TO SUCH REPORT OR ANY INFOR-
MATION CONTAINED THEREIN COULD NOT BE DENIED PURSUANT TO SUBDIVISION TWO
OF SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW. THE DIRECTOR OF  THE
OFFICE  OF HOMELAND SECURITY SHALL ALSO DEVELOP PROTOCOLS FOR HIS OR HER
OFFICE RELATED TO THE MAINTENANCE AND USE OF SUCH REPORT SO AS TO ENSURE
THE CONFIDENTIALITY OF THE REPORT AND ALL INFORMATION CONTAINED THEREIN.
ON EACH REPORT, THE DIRECTOR OF THE OFFICE OF  HOMELAND  SECURITY  SHALL
PROMINENTLY  DISPLAY  THE  FOLLOWING STATEMENT: "THIS REPORT MAY CONTAIN
INFORMATION THAT IF DISCLOSED COULD ENDANGER THE LIFE OR SAFETY  OF  THE
PUBLIC,  AND  THEREFORE,  PURSUANT  TO  SECTION SEVEN HUNDRED TEN OF THE
EXECUTIVE LAW, THIS REPORT IS TO BE MAINTAINED  AND  USED  IN  A  MANNER

S. 1968                             3

CONSISTENT WITH PROTOCOLS ESTABLISHED TO PRESERVE THE CONFIDENTIALITY OF
THE INFORMATION CONTAINED HEREIN IN A MANNER CONSISTENT WITH LAW".
  (C)   THE   METROPOLITAN   TRANSPORTATION  AUTHORITY  SHALL  HAVE  THE
DISCRETION TO REQUIRE THAT THE RECOMMENDATIONS OF THE  DIRECTOR  OF  THE
OFFICE  OF  HOMELAND SECURITY BE IMPLEMENTED BY ANY OPERATOR OF A TRANS-
PORTATION FACILITY.
  S 3. This act shall take effect immediately.

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