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Assembly Bill A5864

2011-2012 Legislative Session

Directs the public service commission, in consultation with the attorney general, to prescribe policies for nuclear electric generating facility security personnel

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Archive: Last Bill Status - In Assembly Committee

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2011-A5864 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Service Law
Laws Affected:
Amd ยง5, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5060
2013-2014: A5586

2011-A5864 (ACTIVE) - Summary

Directs the public service commission, in consultation with the attorney general, to prescribe policies for nuclear electric generating facility security personnel with respect to their use of machine guns and their use of deadly force during terrorist attacks; such policies shall be prescribed after action thereon by the U.S. nuclear regulatory commission and shall conform to the nuclear regulatory commission's recommendations.

2011-A5864 (ACTIVE) - Bill Text download pdf 

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

                                  5864

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to policies  regard-
  ing  the  authorized  use of machine-guns and deadly force by security
  personnel of nuclear-powered electric generating facilities

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

  Section  1.  Section  5 of the public service law is amended by adding
two new subdivisions 7 and 8 to read as follows:
  7. THE COMMISSION, IN  CONSULTATION  WITH  THE  ATTORNEY  GENERAL,  IS
AUTHORIZED  AND  DIRECTED TO PRESCRIBE POLICIES REGARDING THE AUTHORIZED
USE OF MACHINE-GUNS BY SECURITY PERSONNEL OF A NUCLEAR-POWERED  ELECTRIC
GENERATING  FACILITY;  PROVIDED, HOWEVER, THAT THE UNITED STATES NUCLEAR
REGULATORY COMMISSION, PRIOR TO SUCH PRESCRIPTION, HAS  DETERMINED  THAT
THE USE OF SUCH WEAPONS BY SECURITY PERSONNEL OF A NUCLEAR-POWERED ELEC-
TRIC GENERATING FACILITY IS WARRANTED OR HAS RECOMMENDED SUCH USE.  SUCH
POLICIES  SHALL  STRICTLY  ADHERE TO THE NUCLEAR REGULATORY COMMISSION'S
RECOMMENDATIONS.
  8. THE COMMISSION, IN  CONSULTATION  WITH  THE  ATTORNEY  GENERAL,  IS
AUTHORIZED AND DIRECTED TO PRESCRIBE POLICIES REGARDING THE USE OF DEAD-
LY  FORCE BY SECURITY PERSONNEL OF A NUCLEAR-POWERED ELECTRIC GENERATING
FACILITY DURING TERRORIST ATTACKS; PROVIDED, HOWEVER,  THAT  THE  UNITED
STATES  NUCLEAR  REGULATORY  COMMISSION, PRIOR TO SUCH PRESCRIPTION, HAS
RECOMMENDED OR OTHERWISE ISSUED POLICIES REGARDING  THE  USE  OF  DEADLY
FORCE  BY  SECURITY  PERSONNEL  OF A NUCLEAR-POWERED ELECTRIC GENERATING
FACILITY DURING TERRORIST ATTACKS. SUCH POLICIES SHALL  STRICTLY  ADHERE
TO THE NUCLEAR REGULATORY COMMISSION'S RECOMMENDATIONS.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09593-01-1

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