senate Bill S6312

Prohibits the consumption of food in New York city subways

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Co-Sponsors

Bill Status


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

  • 24 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 06 / Feb / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 22 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 22 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Prohibits the consumption of food on New York city subways; defines subways to include trains, stations, platforms and shops operated by the MTA.

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Bill Details

Versions:
S6312
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Public Authorities Law
Laws Affected:
Add §1277-b, Pub Auth L

Votes

7
3
7
Aye
3
Nay
9
aye with reservations
0
absent
0
excused
0
abstained
show Transportation committee vote details

Sponsor Memo

BILL NUMBER:S6312

TITLE OF BILL:
An act
to amend the public authorities
law, in relation to prohibiting the consumption
of food in New York city subways

PURPOSE OF THE BILL:
The purpose of this legislation is to mitigate the growing rat
infestation in the NYC subway system.

SUMMARY OF SPECIFIC PROVISIONS:
§ 1- Public authorities law is amended by adding a new section 1277 -b
which prohibits the consumption of food on subway trains.

Subdivision 2. Establishes fines and other punitive actions for a
failure to adhere to the prohibition.

Subdivision 3. Requires all fines collected pursuant to subdivision 2
of this section be deposited to the credit of the New York subway
littering prevention fund established pursuant to section 97-uuu of
the state finance law.

§ 2- Effective Date.

JUSTIFICATION:
Most people have a visceral reaction to rats, but that alone is not
why we must make every effort to rid them from our subways. Rats can
carry and transmit diseases, some of which are fatal to humans, dogs,
and other animals. Rats can spread disease through their urine, feces
and from bites. Leptospirosis, for example, is a rat borne illness
that may cause kidney and liver damage, meningitis (inflammation
of the membrane around the brain and spinal cord) and respiratory
difficulty can result. Rats also carry parasites like fleas, worms
and mites which can spread diseases as well. The public health crisis
underscores the potential danger posed by an out of control rat
population. In particular, New York city's subway system, with its
densely packed trains and enclosed spaces, provides an ideal
environment for communicable diseases to spread quickly.

New Yorkers think we have a serious rodent problem in our subways that
cart be resolved. This is the news that comes from a district-wide
rat survey conducted by my office. Over 15,000
surveys were distributed, in the mail, on-line and in-person at train
stations. People's passion for this issue was evident wherever we
handed out surveys. Within days of our mailing, we received stacks of
mail from constituents who had taken the time to fill out, stamp and
mail back our surveys. The response was overwhelming.

As the results came in, three things are clear: NYC residents
overwhelmingly stated they are facing a severe problem, and that the
problem of rats rampaging through the subway is partly due to inept
pest-control by the Metropolitan Transit Authority and most feel
strongly that the conduct of train customers, eating in stations, on
trains, and carelessly discarding refuse on the tracks or platforms,
plays an important role in compounding the problem. New York City is
considered by many to be the capital of the world. As one of the
busiest cities in the country with one of the largest transportation
systems, we have to take the problem of rats more seriously.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
No cost to the state. In fact, the fines associated with this
legislation creates an additional revenue stream for the New York
subway littering prevention fund.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

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

                                  6312

                            I N  S E N A T E

                            January 24, 2012
                               ___________

Introduced  by  Sens.  PERKINS,  ESPAILLAT, HUNTLEY, OPPENHEIMER -- 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 prohibiting
  the consumption of food in New York city subways

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

  Section  1.    The  public  authorities law is amended by adding a new
section 1277-b to read as follows:
  S 1277-B. PROHIBITION OF THE CONSUMPTION OF FOOD ON SUBWAY TRAINS.  1.
NO PERSON SHALL CONSUME ANY FOOD WITHIN ANY SUBWAY. FOR PURPOSES OF THIS
SECTION, THE TERM "SUBWAY" SHALL MEAN ALL  RAIL  RAPID  TRANSIT  SYSTEMS
OPERATED BY THE NEW YORK CITY TRANSIT AUTHORITY INCLUDING BUT NOT LIMIT-
ED  TO  ALL  TRAINS,  RAIL CARS, PASSENGER STATIONS, PLATFORMS AND SHOPS
OPERATED BY SUCH AUTHORITY.
  2. A VIOLATION OF THE PROVISION OF SUBDIVISION  ONE  OF  THIS  SECTION
SHALL  BE  PUNISHABLE  BY A FINE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS
AND/OR A REQUIREMENT TO PERFORM SERVICES FOR A PUBLIC OR  NOT-FOR-PROFIT
CORPORATION,  ASSOCIATION,  INSTITUTION  OR  AGENCY  NOT TO EXCEED EIGHT
HOURS AND FOR ANY SECOND OR SUBSEQUENT VIOLATION BY A FINE NOT TO EXCEED
FIVE HUNDRED DOLLARS AND/OR A REQUIREMENT  TO  PERFORM  SERVICES  FOR  A
PUBLIC OR NOT-FOR-PROFIT CORPORATION, ASSOCIATION, INSTITUTION OR AGENCY
NOT TO EXCEED EIGHT HOURS.
  3.  FINES  COLLECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
BE DEPOSITED TO THE CREDIT OF THE NEW YORK SUBWAY  LITTERING  PREVENTION
FUND  ESTABLISHED  PURSUANT  TO  SECTION  NINETY-SEVEN-UUU  OF THE STATE
FINANCE LAW, AND SHALL BE USED BY THE NEW YORK CITY TRANSIT AUTHORITY TO
POST SIGNS NOTIFYING THE PUBLIC OF THE MAXIMUM FINE FOR A  VIOLATION  OF
SUBDIVISION ONE OF THIS SECTION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14148-01-2

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