S T A T E O F N E W Y O R K
________________________________________________________________________
3020
2019-2020 Regular Sessions
I N S E N A T E
January 31, 2019
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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 transportation law, in relation to requiring mili-
tary courtesy centers in all airports
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. In recognition of the service provided
by active servicemembers and veterans, who often spent long hours away
from their homes while working to defend our freedoms, it is the intent
of this legislature to offer space in airports for members of the mili-
tary to relax and rest. Therefore, every commercial airport in the
state, regardless of authority or ownership, must offer space for active
servicemembers and veterans to relax and rest while traveling, subject
to the conditions set forth by the commissioner of transportation.
§ 2. The transportation law is amended by adding a new section 14-n to
read as follows:
§ 14-N. AIRPORT MILITARY COURTESY CENTERS. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "MILITARY COURTESY CENTER" SHALL MEAN A CLUB, LOUNGE, OR COURTESY
ROOM HOUSED WITHIN AN AIRPORT FOR PURPOSES OF PROVIDING A DISTINCT ROOM
OR SUITE TO SERVE THE REST AND RECREATIONAL NEEDS OF TRAVELING ACTIVE
SERVICEMEMBERS AND VETERANS. MILITARY COURTESY CENTERS MAY BE MAINTAINED
BY ANY AUTHORIZED MUNICIPALITY, BY AN AIRPORT OR COMMERCIAL AIR CARRIER,
BY NONPROFIT ORGANIZATIONS, VETERANS' SERVICE AGENCIES OR ORGANIZATIONS,
BY STATE EXPENSES FROM ANY APPROPRIATION FOR THE MAINTENANCE OF MILITARY
COURTESY CENTERS, OR BY ANY COMBINATION THEREOF;
(B) "AIRPORT" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
SUBDIVISION FIVE OF SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS
LAW, INCLUDING PRIVATELY-OWNED AIRPORTS AND PUBLIC USE AIRPORTS AS
CONTEMPLATED UNDER SECTIONS FOURTEEN-H AND FOURTEEN-L OF THIS ARTICLE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04195-01-9
S. 3020 2
(C) "ACTIVE SERVICEMEMBER" SHALL MEAN A PERSON SERVING IN ACTIVE DUTY
IN THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE, COAST GUARD OR
RESERVES COMPONENT, OR WHO IS SERVING IN ACTIVE MILITARY SERVICE OF THE
UNITED STATES AS A MEMBER OF THE ARMY NATIONAL GUARD, AIR NATIONAL
GUARD, NEW YORK GUARD OR NEW YORK NAVAL MILITIA; AND
(D) "VETERAN" SHALL MEAN A PERSON WHO WAS A MEMBER OF THE ARMED FORCES
OF THE UNITED STATES AND RECEIVED AN HONORABLE DISCHARGE OR WAS RELEASED
THEREFROM UNDER HONORABLE CONDITIONS.
2. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN ORDER
TO ENHANCE COMFORT FOR TRAVELING VETERANS AND ACTIVE SERVICEMEMBERS, THE
COMMISSIONER SHALL ENSURE THAT EACH AIRPORT LOCATED IN NEW YORK STATE
PROVIDE AT LEAST ONE MILITARY COURTESY CENTER UPON NEW TERMINAL
CONSTRUCTION OR THE REPLACEMENT, EXPANSION, OR RECONSTRUCTION OR RENO-
VATION OF AN EXISTING TERMINAL OR AVIATION CAPITAL FACILITY.
(B) AIRPORTS SHALL NOT BE REQUIRED TO PROVIDE A MILITARY COURTESY
CENTER IF THERE IS A DEMONSTRATED LACK OF NEED AS DETERMINED BY FACTORS
CERTIFIED AND APPROVED BY THE COMMISSIONER, INCLUDING WITHOUT LIMITA-
TION:
(I) MINIMAL CURRENT AND PROJECTED ACTIVE SERVICEMEMBER AND VETERAN
TRAVEL VOLUMES;
(II) DESIGN FEATURES WOULD HAVE AN ADVERSE IMPACT ON, OR BE CONTRARY
TO, PUBLIC SAFETY;
(III) THE COST WOULD BE FISCALLY PROHIBITIVE TO THE AIRPORT AND THE
AIRPORT EITHER CONDUCTS FEWER THAN ONE MILLION EMPLANEMENTS PER YEAR OR
GENERATES LESS THAN ONE MILLION DOLLARS IN GROSS REVENUES; OR
(IV) THE AIRPORT PROVIDED AN AIRPORT REST AREA OR SERVICE CENTER WHICH
IS STAFFED BY THE UNITED SERVICE ORGANIZATION OR OTHER VETERANS SERVICE
AGENCIES BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN.
3. (A) THE COMMISSIONER SHALL DETERMINE THE MANNER BY WHICH PROOF OF
ACTIVE DUTY OR VETERAN STATUS SHALL BE SUBMITTED FOR PURPOSES OF GAINING
ENTRY TO A MILITARY COURTESY CENTER.
(B) MILITARY COURTESY CENTERS SHALL BE SUITABLY MARKED AND SIGNS INDI-
CATING THEIR LOCATION SHALL BE POSTED WITHIN THE AIRPORT.
(C) MILITARY COURTESY CENTERS SHALL INCLUDE, AT A MINIMUM, ELECTRICAL
OUTLETS, SEATING, INTERNET ACCESS, TELEPHONES AND TELEVISIONS.
4. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH AN EXEMPTION OR
WAIVER PROCESS FOR AIRPORTS TO DEMONSTRATE A LACK OF NEED PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, PROVIDED THAT THE
COMMISSIONER SHALL PUBLISH A WRITTEN REPORT DOCUMENTING THE REASONS FOR
GRANTING THE EXEMPTION OR WAIVER AND HOW THOSE REASONS COMPLY WITH PARA-
GRAPH (B) OF SUBDIVISION TWO OF THIS SECTION. FURTHER, NO LESS THAN
THIRTY DAYS PRIOR TO GRANTING ANY SUCH EXEMPTION OR WAIVER, THE COMMIS-
SIONER SHALL SOLICIT PUBLIC COMMENTARY FROM MEMBERS OF THE PUBLIC AND
ORGANIZATIONS REPRESENTING ACTIVE SERVICEMEMBERS AND VETERANS, INCLUDING
WITHOUT LIMITATION THE UNITED SERVICE ORGANIZATION, STATE DIVISION OF
VETERANS' AFFAIRS, AND LOCAL VETERANS SERVICE AGENCIES OR ORGANIZATIONS
WITH JURISDICTION OVER THE TERRITORY IN WHICH THE AIRPORT IS LOCATED.
ADDITIONALLY, THE COMMISSIONER SHALL ADVERTISE ITS CONSIDERATION OF THIS
WAIVER AND SOLICIT PUBLIC COMMENTARY BY POSTING THE NOTICE ON ITS HOME-
PAGE AND IN ADVERTISING IN TWO LOCAL NEWSPAPERS OF GENERAL CIRCULATION
NO LESS THAN SIXTY DAYS BEFORE RELEASING ITS WRITTEN REPORT.
(B) THE COMMISSIONER SHALL PERMIT AIRPORTS TO ENTER INTO AGREEMENTS
FOR THE INSTALLATION OF VENDING MACHINES DISPENSING SUCH FOOD, DRINK AND
OTHER ARTICLES AS HE OR SHE DEEMS APPROPRIATE OR DESIRABLE, PROVIDED
THAT ALCOHOL SHALL NOT BE PERMITTED. NET REVENUES GENERATED PURSUANT TO
SUCH AGREEMENTS SHALL BE APPROPRIATED TO THE AVIATION PURPOSE ACCOUNT OF
S. 3020 3
THE STATE CAPITAL PROJECTS FUND OR TO THE STATE VETERANS' COUNSELING
SERVICES PROGRAM.
5. (A) THIS SECTION SHALL NOT BE CONSTRUED TO REPLACE OR SUPERSEDE
AIRPORT SECURITY STANDARDS REQUIRED BY THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY OR TRANSPORTATION SECURITY ADMINISTRATION OR SAFETY
STANDARDS REQUIRED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION OR
FEDERAL AVIATION ADMINISTRATION.
(B) THIS SECTION SHALL NOT BE CONSTRUED AS AN INTERFERENCE WITH, OR
BREACH OF, AGREEMENTS ENTERED INTO PURSUANT TO SECTION THREE HUNDRED
FIFTY-TWO OF THE GENERAL MUNICIPAL LAW.
§ 3. Clause (H) of subparagraph (ii) of paragraph (c) of subdivision 2
of section 14-m of the transportation law, as added by section 1 of part
F of chapter 1 of the laws of 2004, is amended to read as follows:
(H) create an emergency locator map, which may be hand-drawn generally
to scale, identifying areas such as runways, ramp areas, fence lines,
gates, MILITARY COURTESY CENTERS, hydrants, emergency shelters, build-
ings and hazardous materials sites, and provide copies of such map to
emergency response agencies serving such airport, to law enforcement
agencies having jurisdiction over such airport, and appropriate airport
personnel. Whenever there is a physical change involving such areas,
such map shall be revised and resubmitted to the aforementioned emergen-
cy response and law enforcement agencies and airport personnel within
sixty days of such change; and
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that, effective immediately, the
commissioner of transportation is authorized and directed to promulgate,
amend, or repeal regulations and take other actions necessary to imple-
ment this act on or before such effective date.