senate Bill S1968A

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:
A1649A
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:S1968A

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 so 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--A

                       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 -- recommitted to the Committee  on  Veterans,
  Homeland  Security and Military Affairs in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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 AND EMERGENCY
SERVICES SHALL CONDUCT A REVIEW AND ANALYSIS OF MEASURES BEING TAKEN  BY
THE  METROPOLITAN  TRANSPORTATION  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04806-02-1

S. 1968--A                          2

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  TRANSPORTATION  AUTHORITY  AND OF ALL SUBSIDIARIES OF SUCH
AUTHORITY.  THE DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGEN-
CY SERVICES 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 TRANSPOR-
TATION AUTHORITY OR ANY OTHER AGENCY OR AUTHORITY 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 AND EMERGENCY SERVICES  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 THIRTEEN,  AND
NOT  LATER THAN THREE YEARS AFTER SUCH DATE, AND EVERY FIVE YEARS THERE-
AFTER, THE DIRECTOR OF THE OFFICE OF  HOMELAND  SECURITY  AND  EMERGENCY
SERVICES  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 MEAS-
URES BEING TAKEN REGARDING CRITICAL INFRASTRUCTURE RELATED TO  TRANSPOR-
TATION  FACILITIES, AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWELVE
HUNDRED SIXTY-ONE OF THE PUBLIC AUTHORITIES LAW, ASSESS  THE  EFFECTIVE-
NESS  THEREOF,  AND  INCLUDE  RECOMMENDATIONS  TO THE LEGISLATURE OR THE
METROPOLITAN TRANSPORTATION AUTHORITY, IF THE DIRECTOR OF THE OFFICE  OF
HOMELAND  SECURITY  AND  EMERGENCY  SERVICES  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 THIRTEEN, THE  DIRECTOR  OF  THE
OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES SHALL MAKE A PRELIMI-
NARY  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY AND THE BOARD OF ANY SUCH  AFFECTED  TRANSPORTA-
TION AUTHORITY.
  (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 AND EMERGENCY SERVICES FOR THE  MAINTENANCE  AND  USE  OF  SUCH
REPORT  SO AS TO ENSURE THE CONFIDENTIALITY OF THE REPORT AND ALL INFOR-
MATION 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 INFORMATION 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 AND  EMERGENCY  SERVICES
SHALL  ALSO DEVELOP PROTOCOLS FOR HIS OR HER OFFICE RELATED TO THE MAIN-
TENANCE AND USE OF SUCH REPORT SO AS TO ENSURE  THE  CONFIDENTIALITY  OF
THE  REPORT  AND  ALL INFORMATION CONTAINED THEREIN. ON EACH REPORT, THE

S. 1968--A                          3

DIRECTOR OF THE OFFICE OF HOMELAND SECURITY AND EMERGENCY SERVICES 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
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 AND EMERGENCY SERVICES BE IMPLEMENTED BY ANY
OPERATOR OF A TRANSPORTATION FACILITY.
  S 3. This act shall take effect immediately.

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