NY State Senate Bill 2021-S3953B

Senate Bill S3953B

2021-2022 Legislative Session

Relates to requiring certain trains and locomotives to have a crew size of not less than two persons

download bill text pdf

Archive: Last Bill Status - Passed Senate & Assembly

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2022	returned to senate passed assembly ordered to third reading rules cal.176 substituted for a1287b
May 25, 2022	referred to codes delivered to assembly passed senate
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1270
May 05, 2022	print number 3953b
May 05, 2022	amend and recommit to transportation
Jan 05, 2022	referred to transportation
Jun 10, 2021	committed to rules
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 19, 2021	1st report cal.1235
May 11, 2021	print number 3953a
May 11, 2021	amend (t) and recommit to transportation
Feb 01, 2021	referred to transportation

Votes

- May 25, 2022 - Floor Vote
  S3953B
  
  48
  
  Aye
  
  13
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 25, 2022
      
      aye (48)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      nay (13)
      
      Akshar
      
      Borrello
      
      Griffo
      
      Helming
      
      Jordan
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Serino
      
      Tedisco
      
      Weik
      
      excused (2)
      
      Breslin
      
      Brouk
  May 10, 2022 - Transportation Committee Vote
  S3953B
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 10, 2022
      
      aye (11)
      
      Cooney
      
      Gallivan
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Mattera
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Skoufis
      
      aye wr (2)
      
      Griffo
      
      Serino
  May 19, 2021 - Transportation Committee Vote
  S3953B
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 19, 2021
      
      aye (11)
      
      Cooney
      
      Gallivan
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Mattera
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Skoufis
      
      aye wr (2)
      
      Griffo
      
      Serino

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S3953 - Details

See Assembly Version of this Bill:: A1287
Law Section:: Railroad Law
Laws Affected:: Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7151, A9090
2023-2024: S5775, A5639

2021-S3953 - Summary

Provides that no person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of freight unless such railroad train or locomotive has a crew of not less than two individuals; provides exemptions; defines terms; imposes civil penalties.

2021-S3953 - Sponsor Memo

                                
 
BILL NUMBER: S3953

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the railroad law, in relation to requiring certain
trains and locomotives to have a crew size of not less than two persons

 
PURPOSE:

Prohibits a freight train from being operated unless it has a crew
consisting of at least two individuals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one prohibits any Class I freight railroad, Class I railroad, or
Class II railroad for transporting freight unless there is a crew of no
less than two persons.

Section two states that this does not apply to any train or locomotive
engaged in helper or hostling services.

Section three outlines the definitions of Class I freight railroad,
Class I railroad, Class II railroad, helper services, and hostling
services.

Section four states that violators of these provisions shall be liable
to the people of the State for a civil penalty of no less than two
hundred fifty dollars and not more than one thousand dollars for a first
offense, not less than one thousand dollars nor more than five thousand
dollars for a second offense committed within three years, and not less
than five thousand dollars nor more than ten thousand dollars for a
third offense and any subsequent offenses committed within three years.

Section five establishes the effective date.

 
JUSTIFICATION:

This bill is intended to protect New Yorkers by requiring trains and
light engines carrying freight within New York to be operated with a
crew of no less than two members. This bill is intended to protect not
only the public, but railroad workers as well. In recent years, new
technology has made railroads safer; however nothing can replace an
extra set of eyes and ears when it comes to public safety.

It is nearly impossible for a single operator in an emergency situation
to properly assess the situation, secure the train, and notify police,
fire and other necessary officials all at once.

Currently, the federal government and other states are working on ways
to increase railroad safety, and at this point, nearly 20 states have
introduced or enacted minimum crew legislation. Requiring two-person
crews is a straightforward way of ensuring the safety of our railways
here in New York State.

 
LEGISLATIVE HISTORY:

2019-2020: S.7151- Died in Transportation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:'
The thirtieth day after it shall have become a law

2021-S3953 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3953
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced by Sens. KENNEDY, BORRELLO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation
 
 AN  ACT  to  amend  the  railroad  law, in relation to requiring certain
   trains and locomotives to have a  crew  size  of  not  less  than  two
   persons

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The railroad law is amended by adding a new section 63-a to
 read as follows:
   § 63-A. MINIMUM CREW SIZE. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVI-
 SION TWO OF THIS SECTION, ANY CLASS I FREIGHT RAILROAD, CLASS I RAILROAD
 OR CLASS II RAILROAD FOR TRANSPORTING FREIGHT WHICH OPERATES A TRAIN  OR
 LOCOMOTIVE  IN  THIS  STATE,  AND  ANY OFFICER OF SUCH A RAILROAD, SHALL
 ENSURE THAT THE TRAIN OR LOCOMOTIVE CONTAINS A CREW OF NOT LESS THAN TWO
 PERSONS.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION DO NOT APPLY TO A
 TRAIN OR LOCOMOTIVE ENGAGED IN HELPER OR HOSTLING SERVICES.
   3. AS USED IN THIS SECTION:
   (A) "CLASS I FREIGHT RAILROAD" HAS THE MEANING ASCRIBED TO  IT  IN  40
 C.F.R. § 1033.901.
   (B)  "CLASS  I RAILROAD" HAS THE MEANING ASCRIBED TO IT IN 40 C.F.R. §
 1033.901.
   (C) "CLASS II RAILROAD" HAS THE MEANING ASCRIBED TO IT IN 40 C.F.R.  §
 1033.901.
   (D) "HELPER SERVICES" INCLUDES CONNECTING A LOCOMOTIVE TO THE FRONT OR
 BACK OF A TRAIN TO ASSIST THE TRAIN IN ASCENDING OR DESCENDING A GRADE.
   (E)  "HOSTLING SERVICES" INCLUDES MOVING A TRAIN OR LOCOMOTIVE A SHORT
 DISTANCE IN A RAILROAD YARD OR MECHANICAL FACILITY.
   4. A PERSON WHO VIOLATES THE  PROVISIONS  OF  THIS  SECTION  SHALL  BE
 LIABLE  TO  THE  PEOPLE OF THE STATE FOR A CIVIL PENALTY IN AN AMOUNT OF
 NOT LESS THAN TWO HUNDRED FIFTY  DOLLARS  NOR  MORE  THAN  ONE  THOUSAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01826-01-1

 S. 3953                             2
 
 DOLLARS FOR A FIRST OFFENSE, NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE
 THAN  FIVE  THOUSAND DOLLARS FOR A SECOND OFFENSE COMMITTED WITHIN THREE
 YEARS, AND NOT LESS THAN FIVE THOUSAND DOLLARS NOR MORE THAN  TEN  THOU-
 SAND  DOLLARS  FOR A THIRD OFFENSE AND ANY SUBSEQUENT OFFENSES COMMITTED
 WITHIN THREE YEARS.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

2021-S3953A - Details

See Assembly Version of this Bill:: A1287
Law Section:: Railroad Law
Laws Affected:: Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7151, A9090
2023-2024: S5775, A5639

2021-S3953A - Summary

2021-S3953A - Sponsor Memo

                                 
BILL NUMBER: S3953A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the railroad law, in relation to requiring certain
trains and locomotives to have a crew size of not less than two persons;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

Prohibits a freight train from being operated unless it has a crew
consisting of at least two individuals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one prohibits any Class I railroad or Class II railroad for
transporting freight unless there is a crew of no less than two persons.
The section also includes penalties for violations of this requirement.

Section two contains the severability clause

Section three sets the effective date

 
JUSTIFICATION:

This bill is intended to protect New Yorkers by requiring trains and
light engines carrying freight within New York to be operated with a
crew of no less than two members. This bill is intended to protect not
only the public, but railroad workers as well. In recent years, new
technology has made railroads safer; however nothing can replace an
extra set of eyes and ears when it comes to public safety.

It is nearly impossible for a single operator in an emergency situation
to properly assess the situation, secure the train, and notify police,
fire and other necessary officials all at once.

Currently, the federal government and other states are working on ways
to increase railroad safety, and at this point, nearly 20 states have
introduced or enacted minimum crew legislation. Requiring two-person
crews is a straightforward way of ensuring the safety of our railways
here in New York State.

 
LEGISLATIVE HISTORY:

2019-2020: S.7151- Died in Transportation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The thirtieth day after it shall have become a law

2021-S3953A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3953--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY, BORRELLO, RYAN -- 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 railroad  law,  in  relation  to  requiring  certain
   trains  and  locomotives  to  have  a  crew  size of not less than two
   persons; and providing for the repeal of such provisions upon  expira-
   tion thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The railroad law is amended by adding a new section 63-a to
 read as follows:
   § 63-A. MINIMUM CREW SIZE. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVI-
 SION TWO OF THIS SECTION, NO PERSON OPERATING OR CONTROLLING ANY CLASS I
 OR CLASS II RAILROAD SHALL ALLOW THE OPERATION OF ANY RAILROAD TRAIN  OR
 LOCOMOTIVE  FOR  THE MOVEMENT OF FREIGHT IN THIS STATE UNLESS SUCH RAIL-
 ROAD TRAIN OR LOCOMOTIVE HAS A CREW OF NOT LESS THAN TWO INDIVIDUALS.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
 TO A RAILROAD TRAIN OR LOCOMOTIVE ENGAGED IN SWITCHING SERVICE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "CLASS I RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS A
 CLASS I RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN  ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
   (B) "CLASS II RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS A
 CLASS II RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
   (C)  "LOCOMOTIVE"  MEANS  A SELF-PROPELLED PIECE OF ON-TRACK EQUIPMENT
 DESIGNED FOR MOVING OR  PROPELLING  CARS  THAT  ARE  DESIGNED  TO  CARRY
 FREIGHT,  PASSENGERS,  OR  OTHER  EQUIPMENT,  BUT  WHICH  ITSELF  IS NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01826-05-1

 S. 3953--A                          2
 
 DESIGNED OR INTENDED TO CARRY  FREIGHT,  PASSENGERS  (OTHER  THAN  THOSE
 OPERATING THE LOCOMOTIVE) OR OTHER EQUIPMENT.
   (D)  "RAILROAD" MEANS A COMMERCIAL ENTITY THAT OPERATES LOCOMOTIVES TO
 TRANSPORT PASSENGERS OR FREIGHT.
   (E) "SWITCHING SERVICE" MEANS THE CLASSIFICATION OF RAIL CARS  ACCORD-
 ING  TO  COMMODITY OR DESTINATION; ASSEMBLY OF RAIL CARS FOR TRAIN MOVE-
 MENTS; CHANGING THE POSITION OF  RAIL  CARS  FOR  PURPOSES  OF  LOADING,
 UNLOADING  OR  WEIGHING; PLACING OF LOCOMOTIVES AND RAIL CARS FOR REPAIR
 OR STORAGE; OR MOVING OF RAIL EQUIPMENT IN CONNECTION WITH WORK  SERVICE
 THAT DOES NOT CONSTITUTE TRAIN MOVEMENT.
   (F)  "TRAIN"  MEANS  ONE  OR MORE LOCOMOTIVES, COUPLED WITH OR WITHOUT
 CARS.
   4. A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE  OF  THIS  SECTION
 SHALL BE PUNISHABLE BY A CIVIL PENALTY IN AN AMOUNT OF NOT LESS THAN TWO
 HUNDRED  FIFTY  DOLLARS  NOR  MORE THAN ONE THOUSAND DOLLARS FOR A FIRST
 VIOLATION; FOR A SECOND VIOLATION BOTH OF WHICH WERE COMMITTED WITHIN  A
 PERIOD  OF  THREE YEARS BY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
 DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS; AND FOR A THIRD  OR  SUBSE-
 QUENT  VIOLATION  ALL  OF  WHICH WERE COMMITTED WITHIN A PERIOD OF THREE
 YEARS, BY A CIVIL PENALTY OF NOT LESS THAN  FIVE  THOUSAND  DOLLARS  NOR
 MORE THAN TEN THOUSAND DOLLARS.
   §  2. Severability.   If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, or if any federal agency  determines  in  writing
 that this act would render New York state ineligible for the receipt  of
 federal funds, such judgment or written determination shall not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, subdivision, paragraph, section or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law and shall expire and be deemed repealed if any federal
 agency  determines  in writing that this act would render New York state
 ineligible for the receipt of federal funds or any  court  of  competent
 jurisdiction determines that this act would render New York state out of
 compliance with federal law or regulation; provided that the commission-
 er of transportation shall notify the legislative bill drafting  commis-
 sion  upon the occurrence of any federal agency determination in writing
 that this act would render New York state ineligible for the receipt  of
 federal  funds  or  any  court of competent jurisdiction determines that
 this act would render New York state out of compliance with federal  law
 or  regulation  in  order that the commission may maintain  an  accurate
 and timely effective data base of the official text of the laws  of  the
 state  of  New  York  in  furtherance  of effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers    law.    Effective  immediately,   the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act on  its effective date are authorized to be made and completed
 on or before such effective date.

co-Sponsors

2021-S3953B (ACTIVE) - Details

See Assembly Version of this Bill:: A1287
Law Section:: Railroad Law
Laws Affected:: Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7151, A9090
2023-2024: S5775, A5639

2021-S3953B (ACTIVE) - Summary

2021-S3953B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3953B

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the railroad law, in relation to requiring certain
trains and locomotives to have a crew size of not less than two persons;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

Prohibits a freight train from being operated unless it has a crew
consisting of at least two individuals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one prohibits any Class I freight railroad, Class I railroad, or
Class II railroad for transporting freight unless there is a crew of no
less than two persons. States that this does not apply to any train or
locomotive engaged in helper or hostling services. Outlines the defi-
nitions of Class I freight railroad, Class I railroad, Class II rail-
road, helper services, and hostling services. States that violators of

these provisions shall be liable to the people of the State for a civil
penalty of no less than two hundred fifty dollars and not more than one
thousand dollars for a first offense, not less than one thousand dollars
nor more than five thousand dollars for a second offense committed with-
in three years, and not less than five thousand dollars nor more than
ten thousand dollars for a third offense and any subsequent offenses
committed within three years.

Section two establishes a severability clause.

Section three establishes the effective date.

 
JUSTIFICATION:

This bill is intended to protect New Yorkers by requiring trains and
light engines carrying freight within New York to be operated with a
crew of no less than two members. This bill is intended to protect not
only the public, but railroad workers as well. In recent years, new
technology has made railroads safer; however, nothing can replace an
extra set of eyes and ears when it comes to public safety.  It is nearly
impossible for a single operator in an emergency situation to properly
assess the situation, secure the train, and notify police, fire and
other necessary officials all at once.  Currently, the federal govern-
ment and other states are working on ways to increase railroad safety,
and at this point, nearly 20 states have introduced or enacted minimum
crew legislation. Requiring two-person crews is a straightforward way of
ensuring the safety of our railways here in New York State.

 
LEGISLATIVE HISTORY:

2020: A.9090

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The thirtieth day after it shall have become a law.

2021-S3953B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3953--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY, BORRELLO, RYAN -- 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  --  recommitted  to  the
   Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  railroad  law, in relation to requiring certain
   trains and locomotives to have a  crew  size  of  not  less  than  two
   persons;  and providing for the repeal of such provisions upon expira-
   tion thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The railroad law is amended by adding a new section 63-a to
 read as follows:
   § 63-A. MINIMUM CREW SIZE. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVI-
 SION TWO OF THIS SECTION, NO PERSON OPERATING OR CONTROLLING ANY CLASS I
 OR  CLASS II RAILROAD SHALL ALLOW THE OPERATION OF ANY RAILROAD TRAIN OR
 LOCOMOTIVE FOR THE MOVEMENT OF FREIGHT IN THIS STATE UNLESS  SUCH  RAIL-
 ROAD TRAIN OR LOCOMOTIVE HAS A CREW OF NOT LESS THAN TWO INDIVIDUALS.
   2.  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY
 TO A RAILROAD TRAIN OR LOCOMOTIVE ENGAGED IN SWITCHING SERVICE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "CLASS I RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS  A
 CLASS  I RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
   (B) "CLASS II RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS A
 CLASS II RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01826-07-2
 S. 3953--B                          2

 
   (C) "LOCOMOTIVE" MEANS A SELF-PROPELLED PIECE  OF  ON-TRACK  EQUIPMENT
 DESIGNED  FOR  MOVING  OR  PROPELLING  CARS  THAT  ARE DESIGNED TO CARRY
 FREIGHT, PASSENGERS,  OR  OTHER  EQUIPMENT,  BUT  WHICH  ITSELF  IS  NOT
 DESIGNED  OR  INTENDED  TO  CARRY  FREIGHT, PASSENGERS (OTHER THAN THOSE
 OPERATING THE LOCOMOTIVE) OR OTHER EQUIPMENT.
   (D)  "RAILROAD" MEANS A COMMERCIAL ENTITY THAT OPERATES LOCOMOTIVES TO
 TRANSPORT PASSENGERS OR FREIGHT.
   (E) "SWITCHING SERVICE" MEANS THE CLASSIFICATION OF RAIL CARS  ACCORD-
 ING  TO  COMMODITY OR DESTINATION; ASSEMBLY OF RAIL CARS FOR TRAIN MOVE-
 MENTS; CHANGING THE POSITION OF  RAIL  CARS  FOR  PURPOSES  OF  LOADING,
 UNLOADING  OR  WEIGHING; PLACING OF LOCOMOTIVES AND RAIL CARS FOR REPAIR
 OR STORAGE; OR MOVING OF RAIL EQUIPMENT IN CONNECTION WITH WORK  SERVICE
 THAT DOES NOT CONSTITUTE TRAIN MOVEMENT.
   (F)  "TRAIN"  MEANS  ONE  OR MORE LOCOMOTIVES, COUPLED WITH OR WITHOUT
 CARS.
   4. A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE  OF  THIS  SECTION
 SHALL BE PUNISHABLE BY A CIVIL PENALTY IN AN AMOUNT OF NOT LESS THAN TWO
 HUNDRED  FIFTY  DOLLARS  NOR  MORE THAN ONE THOUSAND DOLLARS FOR A FIRST
 VIOLATION; FOR A SECOND VIOLATION BOTH OF WHICH WERE COMMITTED WITHIN  A
 PERIOD  OF  THREE YEARS BY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
 DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS; AND FOR A THIRD  OR  SUBSE-
 QUENT  VIOLATION  ALL  OF  WHICH WERE COMMITTED WITHIN A PERIOD OF THREE
 YEARS, BY A CIVIL PENALTY OF NOT LESS THAN  FIVE  THOUSAND  DOLLARS  NOR
 MORE THAN TEN THOUSAND DOLLARS.
   §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, or if any federal agency  determines  in  writing
 that  this act would render New York state ineligible for the receipt of
 federal   funds,   such judgment  or  written  determination  shall  not
 affect,  impair  or  invalidate  the  remainder  thereof,  but  shall be
 confined in its operation to the clause,  sentence,  subdivision,  para-
 graph,  section  or part thereof directly involved in the controversy in
 which such judgment or written determination shall have been rendered.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become a law; provided, however, that this act shall expire and be
 deemed repealed if any federal agency determines in  writing  that  this
 act  would  render  New York state ineligible for the receipt of federal
 funds or any court of competent  jurisdiction  finally  determines  that
 this  act would render New York state out of compliance with federal law
 or regulation; provided, further, that the commissioner  of  transporta-
 tion  shall  notify  the legislative   bill drafting commission upon the
 occurrence of the provisions of section two of this act  in  order  that
 the  commission  may maintain an accurate and timely effective data base
 of the official text of the laws of the state of New York in furtherance
 of effectuating the provisions of section 44 of the legislative law  and
 section  70-b  of  the public officers law.   Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.

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Senate Bill S3953B

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - Passed Senate & Assembly

Bill Amendments

co-Sponsors

George M. Borrello

Sean M. Ryan

2021-S3953 - Details

2021-S3953 - Summary

2021-S3953 - Sponsor Memo

2021-S3953 - Bill Text download pdf

co-Sponsors

George M. Borrello

Sean M. Ryan

2021-S3953A - Details

2021-S3953A - Summary

2021-S3953A - Sponsor Memo

2021-S3953A - Bill Text download pdf

co-Sponsors

Michelle Hinchey

Sean M. Ryan

2021-S3953B (ACTIVE) - Details

2021-S3953B (ACTIVE) - Summary

2021-S3953B (ACTIVE) - Sponsor Memo

2021-S3953B (ACTIVE) - Bill Text download pdf

Comments