S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    380
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M. of A. BURGOS, JOYNER -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the railroad law, in relation to providing  that  inter-
   city  rail  passenger  services  and  commuter  rail services shall be
   liable for health care costs for injuries to railroad employees caused
   by passengers, customers or members of the public
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  64  of  the  railroad  law is amended to read as
 follows:
   § 64. Injuries to employees. 1. In  all  actions  against  a  railroad
 corporation,  foreign  or  domestic,  doing  business  in this state, or
 against a receiver thereof, for personal injury to, or  death  resulting
 from  personal  injury  of  any  person, while in the employment of such
 corporation, or receiver, arising from the  negligence  of  such  corpo-
 ration or receiver or of any of its [or], his OR HER officers or employ-
 ees, every employee, or his OR HER legal representatives, shall have the
 same rights and remedies for an injury, or for death, suffered by him OR
 HER,  from the act or omission of such corporation or receiver or of its
 [or], his OR HER officers or employees, as are now allowed by law,  and,
 in  addition  to  the liability now existing by law, it shall be held in
 such actions that persons engaged in the service of any railroad  corpo-
 ration,  foreign  or  domestic,  doing business in this state, or in the
 service of a receiver thereof, who are intrusted by such corporation  or
 receiver,  with  the authority of superintendence, control or command of
 other persons in the employment of such corporation or receiver, or with
 the authority to direct or control any other employee in the performance
 of the duty of such employee, or who have, as a part of their duty,  for
 the  time  being,  physical  control  or  direction of the movement of a
 signal, switch, locomotive engine, car, train or telegraph  office,  are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00617-01-3
 A. 380                              2
              

 
 vice-principals of such corporation or receiver, and are not fellow-ser-
 vants of such injured or deceased employee.
   2.  If an employee, engaged in the service of any such railroad corpo-
 ration, or of a receiver thereof, shall receive any injury by reason  of
 any  defect in the condition of the ways, works, machinery, plant, tools
 or implements, or of any car, train, locomotive  or  attachment  thereto
 belonging,  owned  or operated, or being run and operated by such corpo-
 ration or receiver, when such defect could have been discovered by  such
 corporation  or  receiver,  by  reasonable  and  proper  care,  tests or
 inspection, such corporation or receiver shall be  deemed  to  have  had
 knowledge  of  such  defect  before  and  at  the  time  such  injury is
 sustained; and when the fact of such defect shall  be  proved  upon  the
 trial of any action in the courts of this state, brought by such employ-
 ee or his OR HER legal representatives, against any such railroad corpo-
 ration  or  receiver,  on account of such injuries so received, the same
 shall be prima facie evidence of negligence on the part of  such  corpo-
 ration  or receiver. [This section shall not affect actions or causes of
 action existing on May twenty-ninth, nineteen hundred and six; and no]
   3. IF ANY EMPLOYEE, ENGAGED IN  THE  SERVICE  OF  ANY  INTERCITY  RAIL
 PASSENGER  SERVICE,  AS DEFINED BY SECTION NINETY-SEVEN OF THIS ARTICLE,
 OR OF A COMMUTER RAIL SERVICE, AS DEFINED BY SECTION  NINETY-SEVEN-A  OF
 THIS  ARTICLE,  SHALL  SUFFER  A  PHYSICAL  AND/OR MENTAL INJURY THAT IS
 CAUSED BY A PASSENGER, CUSTOMER  OR  MEMBER  OF  THE  PUBLIC  WHILE  THE
 EMPLOYEE  IS PERFORMING AN ASSIGNED DUTY, PURSUANT TO SUBDIVISION ELEVEN
 OF SECTION 120.05 OF THE PENAL LAW  OR  OTHERWISE,  THE  INTERCITY  RAIL
 PASSENGER  SERVICE OR COMMUTER RAIL SERVICE SHALL BE HELD LIABLE FOR ANY
 HEALTH CARE COSTS ATTRIBUTABLE TO SUCH INJURY AND, IN CASES WHERE IT  IS
 DETERMINED BY HIS OR HER HEALTH CARE PROVIDER THAT SUCH INJURED EMPLOYEE
 IS UNABLE TO PERFORM HIS OR HER ASSIGNED DUTIES DUE TO SUCH INJURY, SUCH
 EMPLOYEE SHALL BE COMPENSATED BY THE INTERCITY RAIL PASSENGER SERVICE OR
 COMMUTER RAIL SERVICE AT AN AMOUNT NOT LESS THAN THE EMPLOYEE WOULD HAVE
 EARNED  ON  THE  ASSIGNMENT  THEY WOULD HAVE WORKED UNTIL SUCH TIME THAT
 SUCH EMPLOYEE IS DESIGNATED ABLE TO RETURN TO WORK BY HIS OR HER  HEALTH
 CARE PROVIDER.
   4. NO contract, receipt, rule or regulation, between an employee and a
 railroad corporation or receiver, shall exempt or limit the liability of
 such corporation or receiver from the provisions of this section, HOWEV-
 ER A COLLECTIVE BARGAINING AGREEMENT MAY ALTERNATIVELY BARGAIN FOR BENE-
 FITS GREATER THAN THOSE PROVIDED BY THIS SECTION.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  380--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. BURGOS, JOYNER, SEPTIMO, SHIMSKY -- read once and
   referred  to  the Committee on Transportation -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  public authorities law, in relation to employer
   liability for on-duty assaults of employees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1266-l of the public authorities law, as added by
 chapter 668 of the laws of 2022, is renumbered section 1266-m and a  new
 section 1266-n is added to read as follows:
   §  1266-N. EMPLOYER LIABILITY FOR ON-DUTY ASSAULTS OF EMPLOYEES. 1. IF
 ANY EMPLOYEE, ENGAGED IN THE SERVICE OF ANY COMMUTER RAIL SERVICE  OWNED
 OR  OPERATED BY THE AUTHORITY OR ITS SUBSIDIARY, SHALL SUFFER A PHYSICAL
 AND/OR MENTAL INJURY THAT IS CAUSED BY A PASSENGER, CUSTOMER  OR  MEMBER
 OF  THE PUBLIC WHILE THE EMPLOYEE IS PERFORMING AN ASSIGNED DUTY, PURSU-
 ANT TO SUBDIVISION ELEVEN OF SECTION 120.05 OF THE PENAL LAW  OR  OTHER-
 WISE,  THE  EMPLOYER  SHALL  BE  HELD  LIABLE  FOR ANY HEALTH CARE COSTS
 ATTRIBUTABLE TO SUCH INJURY AND, IN CASES WHERE IT IS DETERMINED BY  HIS
 OR  HER  HEALTH  CARE  PROVIDER  THAT SUCH INJURED EMPLOYEE IS UNABLE TO
 PERFORM HIS OR HER ASSIGNED DUTIES DUE TO  SUCH  INJURY,  SUCH  EMPLOYEE
 SHALL  BE  COMPENSATED  BY  THE  EMPLOYER AT AN AMOUNT NOT LESS THAN THE
 EMPLOYEE WOULD HAVE EARNED ON THE  ASSIGNMENT  THEY  WOULD  HAVE  WORKED
 UNTIL  SUCH TIME THAT SUCH EMPLOYEE IS DESIGNATED ABLE TO RETURN TO WORK
 BY HIS OR HER HEALTH CARE PROVIDER.
   2. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  DIMINISH  THE  RIGHTS,
 PRIVILEGES,  OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING
 AGREEMENT OR EMPLOYMENT CONTRACT.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00617-03-3