NY State Senate Bill 2019-S7882

Senate Bill S7882

2019-2020 Legislative Session

Provides that intercity rail passenger services and commuter rail services shall be liable for medical costs for injuries to railroad employees caused by passengers, customers or members of the public

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2020	referred to transportation

2019-S7882 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Railroad Law
Laws Affected:: Amd §64, Rail L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4020
2023-2024: S484

2019-S7882 (ACTIVE) - Summary

2019-S7882 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7882

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the railroad law, in relation to providing that inter-
city rail passenger services and commuter rail services shall be liable
for medical costs for injuries to railroad employees caused by passen-
gers, customers or members of the public

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that employees of intercity rail passenger services and commu-
ter rail services who suffer physical injuries due to line of duty
assaults are properly protected, compensated and made whole for medical
expenses and lost wages.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the railroad law to set a clear policy
with respect to liability for line of duty assaults and other attacks

perpetrated upon employees of intercity rail passenger services and
commuter rail services by other passengers, customers or members of the
public. In the event of such assaults or attacks, resulting in physical
injury, the railroad shall be liable for: (1) Medical costs specifically
attributed to the injury and (2) Lost compensation in the event that an
employee is unable to perform their duties, consistent with the opinion
of his or her medical provider.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Alarmingly, assaults and attacks on public transit workers are occurring
with increased frequency. In January of 2020, a Metro North Railroad
(MNR) female conductor was punched in the face by an unruly passenger,
resulting in injuries. Several years ago, it was reported that, on aver-
age, at least one serious line of duty assault occurs per month on MNR
trains.These numbers and incidents are unacceptable, yet equally unac-
ceptable is the fact that there are no clear liability standards or
guaranteed recompense to commuter rail employees who suffer line of duty
assaults or attacks. This legislation sets clear standards of account-
ability and liability, reasonable requiring the passenger rail companies
to provide for employee medical costs and lost wages.  Asking employees
who have suffered assaults to pay out of pocket costs, incur lost wages,
or draw down on accrued sick time is unreasonable and unfair. This bill
rights a present wrong.

 
PRIOR LEGISLATIVE HISTORY:

New.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S7882 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7882
 
                             I N  S E N A T E
 
                             February 28, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 providing  that  inter-
   city  rail  passenger  services  and  commuter  rail services shall be
   liable for medical costs for injuries to railroad employees caused  by
   passengers, customers or members of the public

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 64 of the  railroad  law  is  amended  to  read  as
 follows:
   §  64.  Injuries  to  employees.  1. In all actions against a railroad
 corporation, foreign or domestic,  doing  business  in  this  state,  or
 against  a  receiver thereof, for personal injury to, or death resulting
 from personal injury of any person, while  in  the  employment  of  such
 corporation,  or  receiver,  arising  from the negligence of such corpo-
 ration or receiver or of any of its or his officers or employees,  every
 employee,  or  his legal representatives, shall have the same rights and
 remedies for an injury, or for death, suffered by him, from the  act  or
 omission  of  such  corporation or receiver or of its or his officers or
 employees, as are now allowed by law, and, in addition to the  liability
 now  existing  by  law,  it  shall  be held in such actions that persons
 engaged in the service of any railroad corporation, foreign or domestic,
 doing business in this state, or in the service of a  receiver  thereof,
 who are intrusted by such corporation or receiver, with the authority of
 superintendence,  control  or command of other persons in the employment
 of such corporation or receiver, or with  the  authority  to  direct  or
 control  any  other  employee  in  the  performance  of the duty of such
 employee, or who have, as a part of their  duty,  for  the  time  being,
 physical control or direction of the movement of a signal, switch, loco-
 motive  engine,  car,  train or telegraph office, are vice-principals of
 such corporation or  receiver,  and  are  not  fellow-servants  of  such
 injured or deceased employee.
   2.  If an employee, engaged in the service of any such railroad corpo-
 ration, or of a receiver thereof, shall receive any injury by reason  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15141-01-0

 S. 7882                             2
 
 any  defect in the condition of the ways, works, machinery, plant, tools
 or implements, or of any car, train, locomotive  or  attachment  thereto
 belonging,  owned  or operated, or being run and operated by such corpo-
 ration  or receiver, when such defect could have been discovered by such
 corporation or  receiver,  by  reasonable  and  proper  care,  tests  or
 inspection,  such  corporation  or  receiver shall be deemed to have had
 knowledge of  such  defect  before  and  at  the  time  such  injury  is
 sustained;  and  when  the  fact of such defect shall be proved upon the
 trial of any action in the courts of this state, brought by such employ-
 ee or his legal representatives, against any such  railroad  corporation
 or  receiver, on account of such injuries so received, the same shall be
 prima facie evidence of negligence on the part of  such  corporation  or
 receiver.  [This  section  shall  not affect actions or causes of action
 existing on May twenty-ninth, nineteen hundred and six; and no]
   3. IF ANY EMPLOYEE, ENGAGED IN  THE  SERVICE  OF  ANY  INTERCITY  RAIL
 PASSENGER  SERVICE,  AS DEFINED BY SECTION NINETY-SEVEN OF THIS ARTICLE,
 OR OF A COMMUTER RAIL SERVICE, AS DEFINED BY SECTION  NINETY-SEVEN-A  OF
 THIS ARTICLE, SHALL SUFFER A PHYSICAL INJURY THAT IS CAUSED BY A PASSEN-
 GER,  CUSTOMER  OR MEMBER OF THE PUBLIC WHILE THE EMPLOYEE IS PERFORMING
 AN ASSIGNED DUTY, PURSUANT TO SUBDIVISION ELEVEN OF  SECTION  120.05  OF
 THE  PENAL  LAW  OR  OTHERWISE,  THE INTERCITY RAIL PASSENGER SERVICE OR
 COMMUTER RAIL SERVICE SHALL BE HELD LIABLE FOR ANY MEDICAL COSTS ATTRIB-
 UTABLE TO SUCH INJURY AND, IN CASES WHERE IT IS DETERMINED BY HIS OR HER
 MEDICAL PROVIDER THAT SUCH INJURED EMPLOYEE IS UNABLE TO PERFORM HIS  OR
 HER  ASSIGNED  DUTIES DUE TO SUCH INJURY, SUCH EMPLOYEE SHALL BE COMPEN-
 SATED BY THE INTERCITY RAIL PASSENGER SERVICE OR COMMUTER  RAIL  SERVICE
 AT AN AMOUNT NOT LESS THAN THE EMPLOYEE WOULD HAVE EARNED ON THE ASSIGN-
 MENT THEY WOULD HAVE WORKED UNTIL SUCH TIME THAT SUCH EMPLOYEE IS DESIG-
 NATED ABLE TO RETURN TO WORK BY HIS OR HER MEDICAL PROVIDER.
   4. NO contract, receipt, rule or regulation, between an employee and a
 railroad corporation or receiver, shall exempt or limit the liability of
 such corporation or receiver from the provisions of this section, HOWEV-
 ER A COLLECTIVE BARGAINING AGREEMENT MAY ALTERNATIVELY BARGAIN FOR BENE-
 FITS GREATER THAN THOSE PROVIDED BY THIS SECTION.
   § 2. This act shall take effect immediately.

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