Assembly Bill A9107

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

                                  9107

                          I N  A S S E M B L Y

                             March 17, 2014
                               ___________

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

AN ACT to amend the public authorities law, in relation to  establishing
  and  empowering  the  station agent study commission and providing for
  its dissolution upon completion of its duties

  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 1206-b to read as follows:
  S 1206-B. STATION AGENT STUDY COMMISSION. 1. A  TEMPORARY  COMMISSION,
TO  BE  KNOWN AS THE "STATION AGENT STUDY COMMISSION", IS HEREBY CREATED
TO STUDY AND MAKE RECOMMENDATIONS RELATING TO THE IMPACT ON THE  QUALITY
OF  SERVICE PROVIDED BY THE NEW YORK TRANSIT AUTHORITY AFTER THE REMOVAL
OF STATION AGENTS AT SUBWAY STATIONS.
  2. THE COMMISSION SHALL CONSIST OF THIRTEEN MEMBERS TO BE APPOINTED AS
FOLLOWS:  THREE PERSONS SHALL BE APPOINTED BY THE GOVERNOR, ONE OF  WHOM
IS  DESIGNATED  BY  THE  GOVERNOR  AS CHAIR OF THE JOINT COMMISSION; ONE
ADDITIONAL PERSON SHALL BE APPOINTED BY THE GOVERNOR UPON THE  RECOMMEN-
DATION  OF THE BOARD OF DIRECTORS OF THE METROPOLITAN TRANSIT AUTHORITY;
ONE ADDITIONAL PERSON SHALL BE APPOINTED BY THE GOVERNOR UPON THE RECOM-
MENDATION OF THE LABOR  ORGANIZATION  REPRESENTING  A  MAJORITY  OF  THE
EMPLOYEES  AT THE NEW YORK CITY TRANSIT AUTHORITY; ONE ADDITIONAL PERSON
SHALL BE  APPOINTED  BY  THE  GOVERNOR  UPON  THE  RECOMMENDATION  OF  A
NOT-FOR-PROFIT  ADVOCACY  GROUP  REPRESENTING  CONSUMERS OF MASS TRANSIT
SERVICES WITHIN NEW YORK CITY; ONE PERSON  SHALL  BE  APPOINTED  BY  THE
SPEAKER  OF THE ASSEMBLY; ONE PERSON SHALL BE APPOINTED BY THE TEMPORARY
PRESIDENT OF THE SENATE; TWO PERSONS SHALL BE APPOINTED BY  THE  SPEAKER
OF THE NEW YORK CITY COUNCIL, AT LEAST ONE OF WHOM SHALL BE THE CHAIR OF
THE TRANSPORTATION COMMITTEE OF THE COUNCIL, AND THE OTHER OF WHOM SHALL
BE  A  RESIDENT OF A DIFFERENT BOROUGH THAN THE CHAIR OF THE TRANSPORTA-
TION COMMITTEE OF THE COUNCIL; TWO PERSONS SHALL  BE  APPOINTED  BY  THE
MAYOR OF THE CITY OF NEW YORK, AT LEAST ONE OF WHOM SHALL BE THE COMMIS-
SIONER OF THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION; AND ONE PERSON
SHALL  BE  APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF NEW YORK. ALL

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

                                                           LBD14370-01-4

A. 9107                             2

MEMBERS OF THE COMMISSION SHALL BE APPOINTED WITHIN NINETY DAYS  OF  THE
EFFECTIVE DATE OF THIS SECTION.
  3.  THE  MEMBERS  OF  THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT  TO  THIS  SECTION.
SUCH  EXPENSES SHALL BE PAID OUT OF OPERATING APPROPRIATIONS MADE TO THE
METROPOLITAN TRANSIT AUTHORITY BY THE STATE.
  4. THE JOINT COMMISSION SHALL HAVE THE POWER TO:
  A. CONDUCT PUBLIC HEARINGS TO RECEIVE COMMENT ON  THE  IMPACT  OF  THE
ELIMINATION  OF  STATION  AGENTS  FROM  POLICY MAKERS, COMMUNITY GROUPS,
BUSINESSES, URBAN PLANNERS, LAW ENFORCEMENT AGENTS,  RESIDENTS  AND  ANY
OTHER  INDIVIDUALS  UTILIZING A MASS TRANSIT NETWORK, PARTS OF WHICH ARE
RENDERED BENEATH THE STREET LEVEL SURFACE;
  B. COMPILE, COLLECT, REVIEW AND OTHERWISE ORGANIZE THE BEST  PRACTICES
FOR OPERATING SUBTERRANEAN MASS TRANSIT SERVICES THROUGHOUT THE WORLD;
  C. EMPOWER AND FUND SITE VISITS BY COMMISSION MEMBERS TO OTHER PUBLIC-
LY OPERATED SUBTERRANEAN MASS TRANSIT NETWORKS IN NORTH AMERICA;
  D.  COMPOSE  AND  DISTRIBUTE  AN INTERIM REPORT CONTAINING PRELIMINARY
FINDINGS OF FACT, RECOMMENDATIONS AND OTHER INFORMATION  DEEMED  PRUDENT
BY  THE  MAJORITY  OF  THE  JOINT COMMISSION ON OR BEFORE THE END OF THE
SIXTH MONTH AFTER ITS INITIAL MEETING AND  A  FINAL  REPORT  SIX  MONTHS
THEREAFTER;
  E. UTILIZE EXISTING PERSONNEL OF THE METROPOLITAN TRANSIT AUTHORITY OR
ANY  OF  ITS  SUBSIDIARIES  TO  SUPPORT  ANY OF ITS LAWFUL ACTIVITIES TO
COMPLY WITH THE PROVISIONS OF THIS SECTION; AND
  F. CONDUCT A COST BENEFIT ANALYSIS ON THE EFFECT OF  REMOVING  STATION
AGENTS  FROM  A  MASS  TRANSIT  NETWORK  HAVING ELEMENTS OF SUCH SERVICE
DELIVERED IN A SUBTERRANEAN SETTING.
  5. THE COMMISSION SHALL MAKE A REPORT OF ITS  FINDINGS  AND  MAKE  ANY
RECOMMENDATIONS  IT  MAY DEEM NECESSARY AND APPROPRIATE TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE  ASSEMBLY
AND  TO  THE  SPEAKER  OF THE NEW YORK CITY COUNCIL AND THE MAYOR OF THE
CITY OF NEW YORK NO LATER THAN ONE YEAR AFTER ALL OF THE MEMBERS OF  THE
COMMISSION  HAVE  BEEN  APPOINTED. UPON PRESENTATION OF THIS REPORT, THE
COMMISSION SHALL BE DISSOLVED.
  6. PRIOR TO THE COMMISSION RENDERING ITS FINAL REPORT AS  REQUIRED  BY
SUBDIVISION FIVE OF THIS SECTION, THE METROPOLITAN TRANSIT AUTHORITY AND
ANY  OF  ITS  SUBSIDIARIES ARE PROHIBITED FROM ELIMINATING ANY POSITION,
JOB TITLE, OR PERSON SERVING AS STATION AGENT AT THE TIME OF THE  EFFEC-
TIVE DATE OF THIS SECTION.  ANY PERSON OR AUTHORIZED COLLECTIVE BARGAIN-
ING UNIT REPRESENTING SUCH PERSON, SHALL HAVE STANDING TO SEEK AN APPRO-
PRIATE   REMEDY   PURSUANT  TO  GRIEVANCE  PROCEDURES  SET  FORTH  IN  A
COLLECTIVELY BARGAINED AGREEMENT TO INCLUDE BUT NOT BE LIMITED TO,  BACK
PAY,  REINSTATEMENT  OF  BENEFITS,  REINSTATEMENT OF PENSION CREDITS AND
OTHER RELIEF WHEN SUCH TRANSIT AUTHORITY VIOLATES  THE  PROHIBITION  SET
FORTH IN THIS SUBDIVISION.
  S 2. This act shall take effect immediately.