S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   641

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. WRIGHT, FARRELL, TITUS, COOK, COLTON, ROSENTHAL,
  P. RIVERA -- Multi-Sponsored by -- M. of A. CLARK, GABRYSZAK,  JACOBS,
  MAISEL, PHEFFER, ROBINSON, TOWNS, WEISENBERG -- read once and referred
  to the Committee on Corporations, Authorities and Commissions

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-f to read as follows:
  S 1204-F. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03551-01-1
              

A. 641                              2

  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.
  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 ITS 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 FOURTEEN 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.