senate Bill S4654A

Vetoed

Creates the New York city transit authority safety advisory panel to study and report on safety from terrorist acts

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Bill Status


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

  • 17 / Apr / 2013
    • REFERRED TO TRANSPORTATION
  • 18 / Nov / 2013
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 18 / Nov / 2013
    • PRINT NUMBER 4654A
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 03 / Jun / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1382
  • 16 / Jun / 2014
    • PASSED SENATE
  • 16 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 18 / Jun / 2014
    • SUBSTITUTED FOR A2924A
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.384
  • 18 / Jun / 2014
    • PASSED ASSEMBLY
  • 18 / Jun / 2014
    • RETURNED TO SENATE
  • 17 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 29 / Dec / 2014
    • VETOED MEMO.580

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A2924A
Versions:
S4654
S4654A
Legislative Cycle:
2013-2014
Law Section:
Public Authorities Law
Laws Affected:
Add ยงยง1204-f & 1205-b, Pub Auth L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4528, A641
2009-2010: S3772A, A1442A
2007-2008: S7662, A8355

Sponsor Memo

BILL NUMBER:S4654A

TITLE OF BILL: 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

PURPOSE: This bill would enhance the security and safety of subway
passengers by creating a transit authority safety advisory panel to
study, report on and make recommendations regarding safety from terror-
ist 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.

SUMMARY OF PROVISIONS:

Section one of the bill establishes the "Transit Authority Passenger
Security and Safety Act."

Section two of the bill amends the Public Authorities Law by adding a
new section 1205-f requiring minimum staffing on trains operated in
passenger service. This section outlines the conditions upon which the
authority shall ensure that at least one train operator and one conduc-
tor shall be deployed on trains in passenger service.

Section three of the bill amends the Public Authorities Law by adding a
new section 1204-f, which creates the New York City Transit Authority
Safety Advisory Panel (the "Advisory Panel"). The Advisory Panel is
required to undertake a study evaluating various strategies available to
ensure public safety in passenger stations of the New York City Transit
Authority, its subsidiaries and the Staten Island rapid transit operat-
ing authority and to make recommendations. The examination of public
safety includes areas of ingress and egress at passenger stations, as
well as terrorist threats and criminal mischief at such stations. Final-
ly, this section places a moratorium on token booth closures at passen-
ger stations until submission of the Advisory Panel report.

Section four of the bill provides that this act shall take effect imme-
diately.

EXISTING LAW: New law

JUSTIFICATION: The threat of terrorist attacks in New York City demands
that the New York City Transit Authority make every effort to ensure the
security and safety of its passengers. New York City continues to be a
primary target for terrorists after the attack in 2001. Security
specialist emphasize that the transit system, especially subway trains
in tunnels, under bodies of water or on bridges, are a prized target by
these enemies to our democracy who seek to generate maximum media expo-
sure and inflict heavy casualties on innocent. civilians densely packed
into a small space. The presence of trained conductors and operators on

such trains can and do act as a deterrent to these enemies of our coun-
try, and the presence of station agents in protected booths within the
system, can greatly facilitate evacuations and reaction time from first
responders in the event of life threatening emergencies underground.

Accordingly, existing staffing levels should be maintained at least at
current levels, until a comprehensive assessment and evaluation is
completed by security experts that will assess the systemic security
needs of the mass transit system in NYC in the event of foreseeable
emergencies. To do less not only endangers the safety and lives of
passengers using mass transit facilities, but encourages our enemies to
exploit a perceived "weak link" in our security defenses.

PRIOR LEGISLATIVE HISTORY: 2013: 4654: - Referred to Transportation
2011-2012: S.4528 - Referred to Transportation

FISCAL IMPLICATIONS: None.

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
________________________________________________________________________

                                 4654--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 17, 2013
                               ___________

Introduced  by  Sens.  GOLDEN, ADDABBO, AVELLA -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "transit authority passenger security and safety act".
  S 2. The public authorities law is amended by  adding  a  new  section
1204-f to read as follows:
  S 1204-F. MINIMUM STAFFING OF TRAINS OPERATED IN PASSENGER SERVICE. 1.
THE  LEGISLATURE  FINDS  THAT THE PRESENCE OF TRAIN CONDUCTORS AND TRAIN
OPERATORS ON SUBWAY TRAINS OPERATED BY  THE  AUTHORITY  IS  PARTICULARLY
ESSENTIAL  TO  THE SAFETY OF PASSENGERS WHEN EMERGENCIES ARISE INCLUDING
WHEN TRAINS ARE IN TUNNELS UNDER BODIES OF WATER  OR  ON  BRIDGES,  WHEN
TRAINS  ARE  LONG  OR  COMPOSED  OF NUMEROUS CARS, AND DURING PERIODS OF
HEAVY PASSENGER VOLUME.
  2. THE AUTHORITY SHALL INSURE THAT AT LEAST ONE TRAIN OPERATOR AND ONE
CONDUCTOR SHALL BE DEPLOYED ON EACH AND EVERY TRAIN IN PASSENGER SERVICE
WHICH MEETS ONE OF THE FOLLOWING CONDITIONS:
  A. THE TRAIN IS MADE UP OF MORE THAN FOUR RAILROAD CARS OR IS  GREATER
THAN THREE HUNDRED SIXTY FEET IN LENGTH; OR
  B.  THE TRAIN SERVES PASSENGERS ON A LINE THAT PASSES THROUGH A TUNNEL
UNDER A RIVER OR TIDAL ESTUARY OR ON BRIDGES; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00746-03-3

S. 4654--A                          2

  C. THE TRAIN IS OPERATING IN PASSENGER SERVICE ON  A  LINE  WHERE  THE
POTENTIAL  PASSENGER LOAD ON THE TRAIN AT ANY POINT IN TIME IS IN EXCESS
OF SEVEN HUNDRED FIFTY PASSENGERS.
  S  3.  The  public  authorities law is amended by adding a new section
1205-b to read as follows:
  S 1205-B. NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL.    1.
A.  THERE  IS  HEREBY CREATED THE NEW YORK CITY TRANSIT AUTHORITY SAFETY
ADVISORY PANEL, TO STUDY, MONITOR AND MAKE RECOMMENDATIONS WITH  RESPECT
TO  THE  PUBLIC  SAFETY  FROM TERRORIST THREATS AND CRIMINAL MISCHIEF IN
PASSENGER STATIONS OF THE AUTHORITY, ITS  SUBSIDIARIES  AND  THE  STATEN
ISLAND RAPID TRANSIT OPERATING AUTHORITY.
  B.  THE  NEW  YORK  CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL SHALL
CONSIST OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, OF WHOM TWO  MEMBERS
SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
THE SENATE AND TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF
THE  SPEAKER  OF  THE ASSEMBLY. THE MEMBERS OF THE NEW YORK CITY TRANSIT
AUTHORITY SAFETY ADVISORY PANEL SHALL BE SELECTED FROM THE LAW  ENFORCE-
MENT,  EMERGENCY RESPONSE MANAGEMENT, WORKER AND RIDER ADVOCATE COMMUNI-
TIES AND SHALL INCLUDE AT LEAST THREE  MEMBERS  WHO  ARE  COMMUTERS  WHO
REGULARLY USE THE TRANSPORTATION SERVICES OF THE AUTHORITIES REFERRED TO
IN  PARAGRAPH  A  OF THIS SUBDIVISION. THE CHAIRPERSON SHALL BE A MEMBER
SELECTED BY THE MEMBERSHIP OF THE COMMITTEE. VACANCIES  OCCURRING  SHALL
BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS.
  C.  THE MEMBERS OF THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY
PANEL SHALL RECEIVE NO COMPENSATION FOR  THEIR  SERVICES  BUT  SHALL  BE
REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
OF THEIR DUTIES.
  2.  A. THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL SHALL
UNDERTAKE A STUDY TO EVALUATE  THE  RANGE  OF  STRATEGIES  AVAILABLE  TO
ENSURE  THE  SAFETY OF THE PUBLIC, INCLUDING ITS INGRESS AND EGRESS FROM
PASSENGER STATIONS, AND ALL MEANS OF  DETERRING  TERRORIST  ATTACKS  AND
CRIMINAL MISCHIEF. SUCH STUDY SHALL BE SUBMITTED TO THE GOVERNOR AND THE
LEGISLATURE, AND MADE AVAILABLE TO THE PUBLIC, WITHIN THREE YEARS OF THE
EFFECTIVE  DATE  OF THIS SECTION. SUCH REPORT SHALL BE MADE AVAILABLE TO
THE PUBLIC IMMEDIATELY FOLLOWING ITS SUBMISSION TO THE GOVERNOR AND  THE
LEGISLATURE.
  B. NO TOKEN BOOTHS WITHIN THE PASSENGER STATIONS OF THE AUTHORITY, ITS
SUBSIDIARIES  OR  THE  STATEN  ISLAND  RAPID TRANSIT OPERATING AUTHORITY
SHALL BE CLOSED OR PARTIALLY CLOSED, EXCEPT FOR PURPOSES  OF  REPAIR  OR
RENOVATION  OR  IN CASE OF EMERGENCY, UNTIL THE LATER OF JULY FIRST, TWO
THOUSAND FIFTEEN OR THE DATE OF THE SUBMISSION OF THE  ADVISORY  PANEL'S
REPORT TO THE GOVERNOR AND THE LEGISLATURE.
  3.  THE  NEW  YORK  CITY  TRANSIT  AUTHORITY SAFETY ADVISORY PANEL MAY
REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD,  BUREAU,
COMMISSION, AGENCY, PUBLIC AUTHORITY OF THE STATE OR ANY PUBLIC SUBDIVI-
SION  THEREOF  SUCH  ASSISTANCE  AND  DATA AS WILL ENABLE IT TO PROPERLY
CARRY OUT ITS ACTIVITIES AND TO EFFECTUATE THE  PURPOSES  SET  FORTH  IN
THIS SECTION.
  S 4. This act shall take effect immediately.

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