Bill Text: NY A02294 | 2011-2012 | General Assembly | Introduced


Bill Title: Renames the New York City Transit Authority Track Safety Task Force to the "Daniel Boggs-Marvin Franklin New York City Transit Track Safety Task Force" and the New York City Transit Authority On-track Safety Program to the "Daniel Boggs-Marvin Franklin New York City Transit Authority On-track Safety Program".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-23 - signed chap.505 [A02294 Detail]

Download: New_York-2011-A02294-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2294
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 18, 2011
                                      ___________
       Introduced  by M. of A. CLARK -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the transportation law, in relation to renaming the  New
         York  City  transit authority track safety force and the New York city
         transit authority on-track safety program to the Daniel Boggs - Marvin
         Franklin New York city transit track safety force and the Daniel Boggs
         - Marvin Franklin New York  city  transit  authority  on-track  safety
         program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The article heading of article  16  of  the  transportation
    2  law,  as added by chapter 209 of the laws of 2007, is amended to read as
    3  follows:
    4                        DANIEL BOGGS - MARVIN FRANKLIN
    5           NEW YORK CITY TRANSIT AUTHORITY TRACK SAFETY TASK FORCE
    6    S 2. Sections 403, 404 and 406 of the transportation law, as added  by
    7  chapter 209 of laws of 2007, are amended to read as follows:
    8    S 403. Definitions. For the purposes of this article:
    9    1.  "New  York  city transit authority" shall be deemed to include its
   10  subsidiary, the Manhattan and Bronx Surface Transit Operating Authority,
   11  and any other agency that may come under the control  of  the  New  York
   12  city transit authority.
   13    2.  "DANIEL  BOGGS - MARVIN FRANKLIN New York city transit authority's
   14  on-track safety program" shall mean the program as described in  section
   15  four hundred six of this article.
   16    S  404.  Establishment  of the DANIEL BOGGS - MARVIN FRANKLIN New York
   17  city transit authority track safety task force. There is  hereby  estab-
   18  lished  the  DANIEL  BOGGS - MARVIN FRANKLIN New York city transit track
   19  safety task force with responsibility for the review of the DANIEL BOGGS
   20  - MARVIN FRANKLIN New York  city  transit  authority's  on-track  safety
   21  program, including the following:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06638-01-1
       A. 2294                             2
    1    1. training and qualifications of affected employees;
    2    2. appropriate procedures for protecting New York city transit author-
    3  ity  employees  engaged  in work along the track right-of-way, including
    4  good faith challenge procedures;
    5    3. instructions to train operators;
    6    4. relevant New York city transit authority rules;
    7    5. third rail safety;
    8    6. illumination; and
    9    7. any additional related safety matters.
   10    S 406. [On-track] DANIEL BOGGS -  MARVIN  FRANKLIN  NEW  YORK  TRANSIT
   11  AUTHORITY'S  ON-TRACK  safety  program.  1.  By  May first, two thousand
   12  eight, the DANIEL BOGGS - MARVIN FRANKLIN New York city transit authori-
   13  ty track safety task force shall issue one or more reports setting forth
   14  the recommendations of its members with respect to the  DANIEL  BOGGS  -
   15  MARVIN FRANKLIN New York city transit authority on-track safety program.
   16  Such  reports  shall be sent to the governor, the temporary president of
   17  the senate and the speaker of the assembly.
   18    2. Such track safety task force  shall  also  provide  to  the  public
   19  employee  safety and health bureau within the department of labor and to
   20  all labor organizations that represent New York city  transit  authority
   21  employees  engaged  in work on or adjacent to the right-of-way a copy of
   22  its reports.
   23    3. Prior to implementation of any material modification to the  DANIEL
   24  BOGGS - MARVIN FRANKLIN New York city transit authority's on-track safe-
   25  ty  program,  the  New York city transit authority shall advise the task
   26  force established in section four hundred four  of  this  article  which
   27  shall  review such modification at its next meeting; except that nothing
   28  contained in this section shall be deemed to preclude or limit the right
   29  of the New York city transit authority to implement any  such  modifica-
   30  tion  which it deems appropriate to enhance the safety of its employees,
   31  customers or third parties.
   32    S 3. Section 405 of the transportation law, as added by chapter 209 of
   33  the laws of 2007 and subdivision 1 as amended by chapter 29 of the  laws
   34  of 2008, is amended to read as follows:
   35    S  405. DANIEL BOGGS - MARVIN FRANKLIN New York city transit authority
   36  track safety task force membership. 1. The DANIEL BOGGS - MARVIN  FRANK-
   37  LIN  New  York  city  transit  authority  track  safety task force shall
   38  consist of a total of four members as follows:
   39    (a) the commissioner or his or her designee;
   40    (b) the commissioner of labor or his or her designee;
   41    (c) the president of New York city transit authority  or  his  or  her
   42  designee; and
   43    (d)  the president of Transport Workers Union, Local 100, an affiliate
   44  of the New York state AFL-CIO, or his or her designee.
   45    2. The commissioner or his or her designee shall be the chair  of  the
   46  track safety task force.
   47    3. The track safety task force shall meet as often as deemed necessary
   48  by  the  chair but in no event less than four times per year. Any member
   49  may call a meeting on not less than ten days written notice to the other
   50  members.
   51    4. The members of the track safety task force shall receive no  salary
   52  or  other  compensation  for  their  services  but  shall be entitled to
   53  reimbursement for actual and necessary expenses incurred in the perform-
   54  ance of their duties.
   55    S 4. This act shall take effect immediately.
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