S T A T E   O F   N E W   Y O R K
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                                  4816

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. ABBATE,
  COLTON, COOK, HOOPER -- read once and referred  to  the  Committee  on
  Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to requiring the
  New  York  city  transit  authority  to have at least one conductor on
  board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The legislature finds and declares that, the New York city
transit  authority,  through  its  operation of the New York city subway
system, the largest public transit system in  the  world,  provides  the
primary  means  of commuting for many millions of New York residents and
visitors every day of the week. With an estimated average of over 10,000
passengers loaded onto each train during rush  hours,  the  presence  of
trained  New York city transit authority personnel, other than the engi-
neer, on each train is necessary and should always be required to ensure
improved safety for passengers during emergencies, which may occur while
in subway tunnels or traveling over bridges.
  The legislature further finds and declares that the tragic  events  of
September  11,  2001,  which launched the war of terror against America,
has tremendously heightened the need to significantly increase  security
and  safety  for  commuters  on  New  York city subway trains. Also, the
recent conviction of Zarein Ahmedzay, who was caught  buying  explosives
and  admitted  to  having  planned an attack on the New York city subway
system makes it imperative that we recognize the role of conductors  and
other  authority personnel assigned on passenger trains as first respon-
ders, and the front line defense to potentially  save  lives  and  limit
casualties in the event of a terrorist attack.
  S  2.  The  public  authorities law is amended by adding a new section
1205-b to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00097-01-3

              

A. 4816                             2

  S 1205-B. CONDUCTOR REQUIRED. ANY SUBWAY  OR  TRAIN  OPERATED  BY  THE
AUTHORITY FOR THE PURPOSE OF TRANSPORTING PASSENGERS SHALL HAVE AT LEAST
ONE  CONDUCTOR  ON  BOARD.  FOR  THE  PURPOSES OF THIS SECTION, THE TERM
"CONDUCTOR" SHALL MEAN THE PERSON OTHER THAN  THE  DRIVER,  ENGINEER  OR
MOTORMAN  PRIMARILY  CHARGED  WITH  ALL  ASPECTS OF THE OPERATION OF THE
RAILROAD LOCOMOTIVE, SUBWAY OR TRAIN, WHO SHALL ASSIST IN THE  OPERATION
OF THE TRAIN AND BE PRIMARILY RESPONSIBLE FOR THE OPENING AND CLOSING OF
THE  DOORS  AND OTHER SAFETY ASPECTS OF THE TRAIN.  A CONDUCTOR SHALL BE
REQUIRED ON ANY SUBWAY OR TRAIN OPERATED BY THE AUTHORITY  WHENEVER  THE
SUBWAY OR TRAIN HAS MORE THAN TWO CARS ATTACHED TO THE ENGINE THEREOF.
  S 3. This act shall take effect immediately.