S00484 Summary:

BILL NOS00484B
 
SAME ASSAME AS A00380-B
 
SPONSORCOMRIE
 
COSPNSRRAMOS, SEPULVEDA
 
MLTSPNSR
 
Ren 1266-l to be 1266-m, add 1266-n, Pub Auth L
 
Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, shall suffer a physical and/or mental injury that is caused by a passenger, customer or member of the public while the employee is performing an assigned duty, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.
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S00484 Actions:

BILL NOS00484B
 
01/04/2023REFERRED TO TRANSPORTATION
05/22/2023REPORTED AND COMMITTED TO FINANCE
05/23/2023AMEND (T) AND RECOMMIT TO FINANCE
05/23/2023PRINT NUMBER 484A
06/01/2023AMEND AND RECOMMIT TO FINANCE
06/01/2023PRINT NUMBER 484B
01/03/2024REFERRED TO TRANSPORTATION
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S00484 Committee Votes:

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S00484 Floor Votes:

There are no votes for this bill in this legislative session.
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S00484 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         484--B
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  Sens. COMRIE, RAMOS, SEPULVEDA -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation  --  reported favorably from said committee and committed to
          the Committee  on  Finance  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend  the  public authorities law, in relation to employer
          liability for on-duty assaults of employees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 1266-l of the public authorities law, as added by
     2  chapter 668 of the laws of 2022, is renumbered section 1266-m and a  new
     3  section 1266-n is added to read as follows:
     4    §  1266-n. Employer liability for on-duty assaults of employees. 1. If
     5  any employee, engaged in the service of any commuter rail service  owned
     6  or  operated by the authority or one of its subsidiaries, shall suffer a
     7  physical and/or mental injury that is caused by a passenger, customer or
     8  member of the public while the employee is performing an assigned  duty,
     9  pursuant  to  subdivision  eleven  of section 120.05 of the penal law or
    10  otherwise, the employer shall  be  liable  for  any  health  care  costs
    11  attributable  to such injury and, in cases where it is determined by his
    12  or her health care provider that such  injured  employee  is  unable  to
    13  perform  his  or  her  assigned  regular duties due to such injury, such
    14  employee shall be compensated by the employer at an amount not less than
    15  the employee would have earned on the assignment they would have  worked
    16  until  such time that such employee is designated able to return to work
    17  by his or her health care provider, or is found permanently disabled  as
    18  a  result  of  such injury, or if such employee is granted an accidental
    19  disability retirement allowance, a retirement for disability incurred in
    20  performance of duty allowance or similar accidental  disability  pension
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00617-04-3

        S. 484--B                           2
 
     1  provided  by  the  pension fund of which he or she is a member, or until
     2  such time that such employee leaves their employment with the  authority
     3  or subsidiary.
     4    2.  Nothing  in  this  section shall be deemed to diminish the rights,
     5  privileges, or remedies of any employee under any collective  bargaining
     6  agreement  or  employment contract.  Nothing in this section is intended
     7  to supersede or conflict with federal laws, rules or regulations.
     8    3. Notwithstanding any provision of  law  contrary  thereto  contained
     9  herein  or elsewhere, a cause of action shall accrue to the authority or
    10  its subsidiaries for reimbursement in such sum or sums actually paid  as
    11  salary  or  wages  and  for health care costs as against any third party
    12  against whom the employee shall have a cause of action  for  the  injury
    13  sustained or sickness caused by such third party.
    14    § 2. This act shall take effect immediately.
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