S T A T E O F N E W Y O R K
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1483--A
Cal. No. 681
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
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Introduced by M. of A. WRIGHT, BOYLAND, GLICK, MILLMAN, PERRY, COLTON --
Multi-Sponsored by -- M. of A. ABBATE, BING, FARRELL, GOTTFRIED,
HIKIND, MAYERSOHN, PHEFFER, J. RIVERA, N. RIVERA, ROBINSON, TITONE,
TOWNS -- read once and referred to the Committee on Corporations,
Authorities and Commissions -- reported from committee, advanced to a
third reading, amended and ordered reprinted, retaining its place on
the order of third reading
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00390-02-0
A. 1483--A 2
B. THE TRAIN SERVES PASSENGERS ON A LINE THAT PASSES THROUGH A TUNNEL
UNDER A RIVER OR TIDAL ESTUARY OR ON BRIDGES; OR
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 IT 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 THIRTEEN 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.