Senate Bill S484

2023-2024 Legislative Session

Relates to employer liability for on-duty assaults of employees

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee


  • 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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Bill Amendments

co-Sponsors

2023-S484 - Details

See Assembly Version of this Bill:
A380
Current Committee:
Senate Transportation
Law Section:
Railroad Law
Laws Affected:
Amd §64, Rail L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7882
2021-2022: S4020, A8070

2023-S484 - Summary

Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, 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, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.

2023-S484 - Sponsor Memo

2023-S484 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    484
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, RAMOS, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 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
              

co-Sponsors

2023-S484A - Details

See Assembly Version of this Bill:
A380
Current Committee:
Senate Transportation
Law Section:
Railroad Law
Laws Affected:
Amd §64, Rail L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7882
2021-2022: S4020, A8070

2023-S484A - Summary

Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, 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, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.

2023-S484A - Sponsor Memo

2023-S484A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  484--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, RAMOS, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation  --  reported favorably from said committee and committed to
   the Committee  on  Finance  --  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.
                                                            LBD00617-02-3

              

co-Sponsors

2023-S484B (ACTIVE) - Details

See Assembly Version of this Bill:
A380
Current Committee:
Senate Transportation
Law Section:
Railroad Law
Laws Affected:
Amd §64, Rail L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7882
2021-2022: S4020, A8070

2023-S484B (ACTIVE) - Summary

Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, 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, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.

2023-S484B (ACTIVE) - Sponsor Memo

2023-S484B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  484--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, RAMOS, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation  --  reported favorably from said committee and committed to
   the Committee  on  Finance  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   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 ONE OF ITS SUBSIDIARIES, 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 EMPLOYER SHALL  BE  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  REGULAR 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, OR IS FOUND PERMANENTLY DISABLED  AS
 A  RESULT  OF  SUCH INJURY, OR IF SUCH EMPLOYEE IS GRANTED AN ACCIDENTAL
 DISABILITY RETIREMENT ALLOWANCE, A RETIREMENT FOR DISABILITY INCURRED IN
 PERFORMANCE OF DUTY ALLOWANCE OR SIMILAR ACCIDENTAL  DISABILITY  PENSION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00617-04-3
              

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