NY State Senate Bill 2023-S2768

Senate Bill S2768

2023-2024 Legislative Session

Creates the New York city transit authority safety advisory panel to study and report on safety from terrorist acts

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Jan 24, 2023	referred to transportation

2023-S2768 (ACTIVE) - Details

See Assembly Version of this Bill:: A9582
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §§1204-g & 1205-b, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1442
2011-2012: A641
2013-2014: A2924
2015-2016: A1876
2017-2018: S6262, A7266
2019-2020: S2534, A3388
2021-2022: S5792, A3775

2023-S2768 (ACTIVE) - Summary

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.

2023-S2768 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2768

SPONSOR: COMRIE
 
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 oper-
ated 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 to require minimum staffing on trains operated in passen-
ger service.. This section outlines the conditions upon which the
authority shall ensure that at least one train operator and one conduc-
tor shall be deployed on trains in passenger service.

Section two amends the public authorities law by adding a new section
relative to the New 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 Mew
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 or 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:

S5792 2022

S 6262 COMRIE Same as A 7266 Dickens

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S2768 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2768
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 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 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".
   § 2. The public authorities law is amended by  adding  a  new  section
 1204-g to read as follows:
   § 1204-G. 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.
                                                            LBD04520-01-3
 S. 2768                             2

 
   § 3. The public authorities law is amended by  adding  a  new  section
 1205-b to read as follows:
   §  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  TWENTY-FIVE  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.
   § 4. This act shall take effect immediately.

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