NY State Senate Bill S5775

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2023	ordered to third reading rules cal.580 substituted for a5639
May 23, 2023	referred to transportation delivered to assembly passed senate
May 22, 2023	ordered to third reading cal.1106 reported and committed to rules
Mar 15, 2023	referred to transportation

Votes

view votes

May 23, 2023 - floor Vote

S5775

floor

Aye

Nay

Absent

Excused

Abstained

May 22, 2023 - Rules committee Vote

S5775

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 22, 2023 - Transportation committee Vote

S5775

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5775 (ACTIVE) - Details

See Assembly Version of this Bill:: A5639
Law Section:: Railroad Law
Laws Affected:: Add §63-a, Rail L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7151, A9090
2021-2022: S3953, A1287

S5775 (ACTIVE) - 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.

S5775 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5775

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.

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
2021-2022: S.3953B/A.1287B - VETOED (Veto Memo  95 of 2022)

 
FISCAL IMPLICATIONS:

To be determined.

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

S5775 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5775
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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; 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
 DESIGNED OR INTENDED TO CARRY  FREIGHT,  PASSENGERS  (OTHER  THAN  THOSE
 OPERATING THE LOCOMOTIVE) OR OTHER EQUIPMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10265-01-3
 S. 5775                             2

 
   (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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The New York State Senate

senate Bill S5775

Sponsored By

Current Bill Status - Passed Senate

Your Voice

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Votes

May 23, 2023 - floor Vote

Floor Vote: May 23, 2023

May 22, 2023 - Rules committee Vote

Rules Committee Vote: May 22, 2023

May 22, 2023 - Transportation committee Vote

Transportation Committee Vote: May 22, 2023

Co-Sponsors

S5775 (ACTIVE) - Details

S5775 (ACTIVE) - Summary

S5775 (ACTIVE) - Sponsor Memo

S5775 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5775

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Sponsored By

Timothy M. Kennedy

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

May 23, 2023 - floor Vote

Floor Vote: May 23, 2023

May 22, 2023 - Rules committee Vote

Rules Committee Vote: May 22, 2023

May 22, 2023 - Transportation committee Vote

Transportation Committee Vote: May 22, 2023

Co-Sponsors

Joseph P. Addabbo Jr

Rachel May

S5775 (ACTIVE) - Details

S5775 (ACTIVE) - Summary

S5775 (ACTIVE) - Sponsor Memo

S5775 (ACTIVE) - Bill Text download pdf

Comments