Senate Bill S5782

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

                                  5782

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 4, 2009
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, in relation to renaming the  New
  York  City  transit authority track safety force and the New York city
  transit authority on-track safety program to the Daniel Boggs - Marvin
  Franklin New York city transit track safety force and the Daniel Boggs
  - Marvin Franklin New York  city  transit  authority  on-track  safety
  program

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

  Section 1. The article heading of article  16  of  the  transportation
law,  as added by chapter 209 of the laws of 2007, is amended to read as
follows:
                      DANIEL BOGGS - MARVIN FRANKLIN
         NEW YORK CITY TRANSIT AUTHORITY TRACK SAFETY TASK FORCE
  S 2. Sections 403, 404 and 406 of the transportation law, as added  by
chapter 209 of laws of 2007, are amended to read as follows:
  S 403. Definitions. For the purposes of this article:
  1.  "New  York  city transit authority" shall be deemed to include its
subsidiary, the Manhattan and Bronx Surface Transit Operating Authority,
and any other agency that may come under the control  of  the  New  York
city transit authority.
  2.  "DANIEL  BOGGS - MARVIN FRANKLIN New York city transit authority's
on-track safety program" shall mean the program as described in  section
four hundred six of this article.
  S  404.  Establishment  of the DANIEL BOGGS - MARVIN FRANKLIN New York
city transit authority track safety task force. There is  hereby  estab-
lished  the  DANIEL  BOGGS - MARVIN FRANKLIN New York city transit track
safety task force with responsibility for the review of the DANIEL BOGGS
- MARVIN FRANKLIN New York  city  transit  authority's  on-track  safety
program, including the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11816-01-9
              

S. 5782                             2

  1. training and qualifications of affected employees;
  2. appropriate procedures for protecting New York city transit author-
ity  employees  engaged  in work along the track right-of-way, including
good faith challenge procedures;
  3. instructions to train operators;
  4. relevant New York city transit authority rules;
  5. third rail safety;
  6. illumination; and
  7. any additional related safety matters.
  S 406. [On-track] DANIEL BOGGS -  MARVIN  FRANKLIN  NEW  YORK  TRANSIT
AUTHORITY'S  ON-TRACK  safety  program.  1.  By  May first, two thousand
eight, the DANIEL BOGGS - MARVIN FRANKLIN New York city transit authori-
ty track safety task force shall issue one or more reports setting forth
the recommendations of its members with respect to the  DANIEL  BOGGS  -
MARVIN FRANKLIN New York city transit authority on-track safety program.
Such  reports  shall be sent to the governor, the temporary president of
the senate and the speaker of the assembly.
  2. Such track safety task force  shall  also  provide  to  the  public
employee  safety and health bureau within the department of labor and to
all labor organizations that represent New York city  transit  authority
employees  engaged  in work on or adjacent to the right-of-way a copy of
its reports.
  3. Prior to implementation of any material modification to the  DANIEL
BOGGS - MARVIN FRANKLIN New York city transit authority's on-track safe-
ty  program,  the  New York city transit authority shall advise the task
force established in section four hundred four  of  this  article  which
shall  review such modification at its next meeting; except that nothing
contained in this section shall be deemed to preclude or limit the right
of the New York city transit authority to implement any  such  modifica-
tion  which it deems appropriate to enhance the safety of its employees,
customers or third parties.
  S 3. Section 405 of the transportation law, as added by chapter 209 of
the laws of 2007 and subdivision 1 as amended by chapter 29 of the  laws
of 2008, is amended to read as follows:
  S  405. DANIEL BOGGS - MARVIN FRANKLIN New York city transit authority
track safety task force membership. 1. The DANIEL BOGGS - MARVIN  FRANK-
LIN  New  York  city  transit  authority  track  safety task force shall
consist of a total of four members as follows:
  (a) the commissioner or his or her designee;
  (b) the commissioner of labor or his or her designee;
  (c) the president of New York city transit authority  or  his  or  her
designee; and
  (d)  the president of Transport Workers Union, Local 100, an affiliate
of the New York state AFL-CIO, or his or her designee.
  2. The commissioner or his or her designee shall be the chair  of  the
track safety task force.
  3. The track safety task force shall meet as often as deemed necessary
by  the  chair but in no event less than four times per year. Any member
may call a meeting on not less than ten days written notice to the other
members.
  4. The members of the track safety task force shall receive no  salary
or  other  compensation  for  their  services  but  shall be entitled to
reimbursement for actual and necessary expenses incurred in the perform-
ance of their duties.
  S 4. This act shall take effect immediately.