Creates the New York city transit authority safety advisory panel to study and report on safety from terrorist acts and to provide a moratorium on the closing of token booths and minimum staffing levels on trains operated in passenger service in the NYC transit system.
BILL NUMBER: S3772
TITLE OF BILL : An act to amend the public authorities law, in relation to creating a New York city transit authority safety advisory panel to study and report on safety from terrorist acts and to provide for a moratorium on the closing of token booths and minimum staffing levels on trains operated in passenger service in the New York city transit system
PURPOSE OR GENERAL IDEA OF BILL : This bill would enhance the security and safety of subway passengers by creating a transit authority safety advisory panel to study, report on and make recommendations regarding safety from terrorist acts and to provide for a moratorium on the closing of token booths and minimum staffing levels on trains operated in passenger service in the New York City transit system
SUMMARY OF SPECIFIC PROVISIONS : Section one of the bill establishes the "Transit Authority Passenger Security and Safety Act" and amends the public authorities law by adding a new section 1204-d to require minimum staffing on trains operated in passenger service. This section outlines the conditions upon which the authority shall ensure that at least one train operator and one conductor shall be deployed on trains in passenger service.
Section two amends the public authorities law by, adding a new section 1205-b; The York city transit authority safety advisory panel and Moratorium on the Closing of token booths. This section outlines the creation of an advisory panel to study, monitor and make recommendations with respect to the public safety from terrorist threats and criminal mischief in passenger stations of the New York city transit authority, its subsidiaries and the Staten Island rapid transit operating authority and requires a moratorium on token booth closures until submission of the advisory panel report
Section three of the bill establishes an immediate effective date.
JUSTIFICATION : The threat of terrorist attacks in New York City demands that the New York City Transit Authority make every effort to ensure the security and safety of its passengers. New York City continues to be a primary target for terrorists after the attack in 2001. Security specialist emphasize that the transit system, especially subway trains in tunnels, under bodies of water or on bridges, are a prized target by these enemies to our democracy who seek to generate maximum media exposure and inflict heavy casualties on innocent civilians densely packed into a small space. The presence of trained conductors and operators on such trains can and do act as a deterrent to these enemies of our country, and the presence of station agents in protected booths within the system, can greatly facilitate evacuations and reaction time from first responders in the event of life threatening emergencies underground. Accordingly, existing staffing levels should be maintained at least at current levels, until a comprehensive assessment and evaluation is completed by security experts that will assess the systemic security needs of the mass transit system in NYC in the event of foreseeable emergencies. To do less not only endangers the safety and lives of passengers using mass transit facilities, but encourages our enemies to exploit a perceived "weak link" in our security defenses.
PRIOR LEGISLATIVE HISTORY : 2007: A.8355
FISCAL IMPLICATIONS : None. EFFECTIVE DATE : Immediate.
STATE OF NEW YORK ________________________________________________________________________ 3772 2009-2010 Regular Sessions IN SENATE March 31, 2009 ___________Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, in relation to creating a New York city transit authority safety advisory panel to study and report on safety from terrorist acts and to provide for a moratorium on the closing of token booths and minimum staffing levels on trains operated in passenger service in the New York city transit system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "transit authority passenger security and safety act". S 2. The public authorities law is amended by adding a new section 1204-e to read as follows: S 1204-E. MINIMUM STAFFING OF TRAINS OPERATED IN PASSENGER SERVICE. 1. THE LEGISLATURE FINDS THAT THE PRESENCE OF TRAIN CONDUCTORS AND TRAIN OPERATORS ON SUBWAY TRAINS OPERATED BY THE AUTHORITY IS PARTICULARLY ESSENTIAL TO THE SAFETY OF PASSENGERS WHEN EMERGENCIES ARISE INCLUDING WHEN TRAINS ARE IN TUNNELS UNDER BODIES OF WATER OR ON BRIDGES, WHEN TRAINS ARE LONG OR COMPOSED OF NUMEROUS CARS, AND DURING PERIODS OF HEAVY PASSENGER VOLUME. 2. THE AUTHORITY SHALL INSURE THAT AT LEAST ONE TRAIN OPERATOR AND ONE CONDUCTOR SHALL BE DEPLOYED ON EACH AND EVERY TRAIN IN PASSENGER SERVICE WHICH MEETS ONE OF THE FOLLOWING CONDITIONS: A. THE TRAIN IS MADE UP OF MORE THAN FOUR RAILROAD CARS OR IS GREATER THAN THREE HUNDRED SIXTY FEET IN LENGTH; OR B. THE TRAIN SERVES PASSENGERS ON A LINE THAT PASSES THROUGH A TUNNEL UNDER A RIVER OR TIDAL ESTUARY OR ON BRIDGES; OR C. THE TRAIN IS OPERATING IN PASSENGER SERVICE ON A LINE WHERE THE POTENTIAL PASSENGER LOAD ON THE TRAIN AT ANY POINT IN TIME IS IN EXCESS OF SEVEN HUNDRED FIFTY PASSENGERS.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00463-01-9 S. 3772 2
S 3. The public authorities law is amended by adding a new section 1205-b to read as follows: S 1205-B. NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL. 1. A. THERE IS HEREBY CREATED THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL, TO STUDY, MONITOR AND MAKE RECOMMENDATIONS WITH RESPECT TO THE PUBLIC SAFETY FROM TERRORIST THREATS AND CRIMINAL MISCHIEF IN PASSENGER STATIONS OF THE AUTHORITY, ITS SUBSIDIARIES AND THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY. B. THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL SHALL CONSIST OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, OF WHOM TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE AND TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. THE MEMBERS OF THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL SHALL BE SELECTED FROM THE LAW ENFORCE- MENT, EMERGENCY RESPONSE MANAGEMENT, WORKER AND RIDER ADVOCATE COMMUNI- TIES AND SHALL INCLUDE AT LEAST THREE MEMBERS WHO ARE COMMUTERS WHO REGULARLY USE THE TRANSPORTATION SERVICES OF THE AUTHORITIES REFERRED TO IN PARAGRAPH A OF THIS SUBDIVISION. THE CHAIRPERSON SHALL BE A MEMBER SELECTED BY THE MEMBERSHIP OF THE COMMITTEE. VACANCIES OCCURRING SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS. C. THE MEMBERS OF THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. 2. A. THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL SHALL UNDERTAKE A STUDY TO EVALUATE THE RANGE OF STRATEGIES AVAILABLE TO ENSURE THE SAFETY OF THE PUBLIC, INCLUDING ITS INGRESS AND EGRESS FROM PASSENGER STATIONS, AND ALL MEANS OF DETERRING TERRORIST ATTACKS AND CRIMINAL MISCHIEF. SUCH STUDY SHALL BE SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE, AND MADE AVAILABLE TO THE PUBLIC, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS SECTION. SUCH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC IMMEDIATELY FOLLOWING IT SUBMISSION TO THE GOVERNOR AND THE LEGISLATURE. B. NO TOKEN BOOTHS WITHIN THE PASSENGER STATIONS OF THE AUTHORITY, ITS SUBSIDIARIES OR THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY SHALL BE CLOSED OR PARTIALLY CLOSED, EXCEPT FOR PURPOSES OF REPAIR OR RENOVATION OR IN CASE OF EMERGENCY, UNTIL THE LATER OF JULY FIRST, TWO THOUSAND TWELVE OR THE DATE OF THE SUBMISSION OF THE ADVISORY PANEL'S REPORT TO THE GOVERNOR AND THE LEGISLATURE. 3. THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, AGENCY, PUBLIC AUTHORITY OF THE STATE OR ANY PUBLIC SUBDIVI- SION THEREOF SUCH ASSISTANCE AND DATA AS WILL ENABLE IT TO PROPERLY CARRY OUT ITS ACTIVITIES AND TO EFFECTUATE THE PURPOSES SET FORTH IN THIS SECTION. S 4. This act shall take effect immediately.