Bill Text: NY S03020 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to requiring military courtesy centers in all airports to serve the rest and recreational needs of traveling active servicemembers and veterans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-31 - REFERRED TO TRANSPORTATION [S03020 Detail]

Download: New_York-2019-S03020-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 31, 2019
        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:
     1    Section 1. Legislative intent. In recognition of the service  provided
     2  by  active  servicemembers and veterans, who often spent long hours away
     3  from their homes while working to defend our freedoms, it is the  intent
     4  of  this legislature to offer space in airports for members of the mili-
     5  tary to relax and rest.  Therefore,  every  commercial  airport  in  the
     6  state, regardless of authority or ownership, must offer space for active
     7  servicemembers  and  veterans to relax and rest while traveling, subject
     8  to the conditions set forth by the commissioner of transportation.
     9    § 2. The transportation law is amended by adding a new section 14-n to
    10  read as follows:
    11    § 14-n. Airport military courtesy centers. 1. For the purposes of this
    12  section, the following terms shall have the following meanings:
    13    (a) "military courtesy center" shall mean a club, lounge, or  courtesy
    14  room  housed within an airport for purposes of providing a distinct room
    15  or suite to serve the rest and recreational needs  of  traveling  active
    16  servicemembers and veterans. Military courtesy centers may be maintained
    17  by any authorized municipality, by an airport or commercial air carrier,
    18  by nonprofit organizations, veterans' service agencies or organizations,
    19  by state expenses from any appropriation for the maintenance of military
    20  courtesy centers, or by any combination thereof;
    21    (b)  "airport"  shall have the same meaning as such term is defined in
    22  subdivision five of section two hundred forty of  the  general  business
    23  law,  including  privately-owned  airports  and  public  use airports as
    24  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.

        S. 3020                             2
     1    (c) "active servicemember" shall mean a person serving in active  duty
     2  in the United States army, navy, marine corps, air force, coast guard or
     3  reserves  component, or who is serving in active military service of the
     4  United States as a member of  the  army  national  guard,  air  national
     5  guard, New York guard or New York naval militia; and
     6    (d) "veteran" shall mean a person who was a member of the armed forces
     7  of the United States and received an honorable discharge or was released
     8  therefrom under honorable conditions.
     9    2.  (a) Notwithstanding any provision of law to the contrary, in order
    10  to enhance comfort for traveling veterans and active servicemembers, the
    11  commissioner shall ensure that each airport located in  New  York  state
    12  provide  at  least  one  military  courtesy  center  upon  new  terminal
    13  construction or the replacement, expansion, or reconstruction  or  reno-
    14  vation of an existing terminal or aviation capital facility.
    15    (b)  Airports  shall  not  be  required to provide a military courtesy
    16  center if there is a demonstrated lack of need as determined by  factors
    17  certified  and  approved  by the commissioner, including without limita-
    18  tion:
    19    (i) minimal current and projected  active  servicemember  and  veteran
    20  travel volumes;
    21    (ii)  design  features would have an adverse impact on, or be contrary
    22  to, public safety;
    23    (iii) the cost would be fiscally prohibitive to the  airport  and  the
    24  airport  either conducts fewer than one million emplanements per year or
    25  generates less than one million dollars in gross revenues; or
    26    (iv) the airport provided an airport rest area or service center which
    27  is staffed by the United Service Organization or other veterans  service
    28  agencies before December thirty-first, two thousand nineteen.
    29    3.  (a)  The commissioner shall determine the manner by which proof of
    30  active duty or veteran status shall be submitted for purposes of gaining
    31  entry to a military courtesy center.
    32    (b) Military courtesy centers shall be suitably marked and signs indi-
    33  cating their location shall be posted within the airport.
    34    (c) Military courtesy centers shall include, at a minimum,  electrical
    35  outlets, seating, internet access, telephones and televisions.
    36    4.  (a)  The  commissioner  is authorized to establish an exemption or
    37  waiver process for airports to demonstrate a lack of  need  pursuant  to
    38  paragraph  (b)  of  subdivision  two  of this section, provided that the
    39  commissioner shall publish a written report documenting the reasons  for
    40  granting the exemption or waiver and how those reasons comply with para-
    41  graph  (b)  of  subdivision  two  of this section. Further, no less than
    42  thirty days prior to granting any such exemption or waiver, the  commis-
    43  sioner  shall  solicit  public commentary from members of the public and
    44  organizations representing active servicemembers and veterans, including
    45  without limitation the United Service Organization,  state  division  of
    46  veterans'  affairs, and local veterans service agencies or organizations
    47  with jurisdiction over the territory in which the  airport  is  located.
    48  Additionally, the commissioner shall advertise its consideration of this
    49  waiver  and solicit public commentary by posting the notice on its home-
    50  page and in advertising in two local newspapers of  general  circulation
    51  no less than sixty days before releasing its written report.
    52    (b)  The  commissioner  shall permit airports to enter into agreements
    53  for the installation of vending machines dispensing such food, drink and
    54  other articles as he or she deems  appropriate  or  desirable,  provided
    55  that  alcohol shall not be permitted. Net revenues generated pursuant to
    56  such agreements shall be appropriated to the aviation purpose account of

        S. 3020                             3
     1  the state capital projects fund or to  the  state  veterans'  counseling
     2  services program.
     3    5.  (a)  This  section  shall not be construed to replace or supersede
     4  airport security standards required by the United States  department  of
     5  homeland  security  or  transportation security administration or safety
     6  standards required by the United States department of transportation  or
     7  federal aviation administration.
     8    (b)  This  section  shall not be construed as an interference with, or
     9  breach of, agreements entered into pursuant  to  section  three  hundred
    10  fifty-two of the general municipal law.
    11    § 3. Clause (H) of subparagraph (ii) of paragraph (c) of subdivision 2
    12  of section 14-m of the transportation law, as added by section 1 of part
    13  F of chapter 1 of the laws of 2004, is amended to read as follows:
    14    (H) create an emergency locator map, which may be hand-drawn generally
    15  to  scale,  identifying  areas such as runways, ramp areas, fence lines,
    16  gates, military courtesy centers, hydrants, emergency  shelters,  build-
    17  ings  and  hazardous  materials sites, and provide copies of such map to
    18  emergency response agencies serving such  airport,  to  law  enforcement
    19  agencies  having jurisdiction over such airport, and appropriate airport
    20  personnel. Whenever there is a physical  change  involving  such  areas,
    21  such map shall be revised and resubmitted to the aforementioned emergen-
    22  cy  response  and  law enforcement agencies and airport personnel within
    23  sixty days of such change; and
    24    § 4. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law; provided that,  effective  immediately,  the
    26  commissioner of transportation is authorized and directed to promulgate,
    27  amend,  or repeal regulations and take other actions necessary to imple-
    28  ment this act on or before such effective date.