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A08070 Summary:

BILL NOA08070
 
SAME ASSAME AS S04020-A
 
SPONSORBurgos
 
COSPNSR
 
MLTSPNSR
 
Amd §64, Rail L
 
Provides that intercity rail passenger services and commuter rail services shall be liable for health care costs for injuries to railroad employees caused by passengers, customers or members of the public.
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A08070 Actions:

BILL NOA08070
 
06/11/2021referred to transportation
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A08070 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8070
 
SPONSOR: Burgos
  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 health care costs for injuries to railroad employees caused by passengers, 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.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION ( IF APPLICABLE):   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:   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately
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A08070 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8070
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 11, 2021
                                       ___________
 
        Introduced by M. of A. BURGOS -- read once and referred 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 health care 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:
 
     1    Section 1. Section 64 of the  railroad  law  is  amended  to  read  as
     2  follows:
     3    §  64.  Injuries  to  employees.  1. In all actions against a railroad
     4  corporation, foreign or domestic,  doing  business  in  this  state,  or
     5  against  a  receiver thereof, for personal injury to, or death resulting
     6  from personal injury of any person, while  in  the  employment  of  such
     7  corporation,  or  receiver,  arising  from the negligence of such corpo-
     8  ration or receiver or of any of its or his officers or employees,  every
     9  employee,  or  his legal representatives, shall have the same rights and
    10  remedies for an injury, or for death, suffered by him, from the  act  or
    11  omission  of  such  corporation or receiver or of its or his officers or
    12  employees, as are now allowed by law, and, in addition to the  liability
    13  now  existing  by  law,  it  shall  be held in such actions that persons
    14  engaged in the service of any railroad corporation, foreign or domestic,
    15  doing business in this state, or in the service of a  receiver  thereof,
    16  who are intrusted by such corporation or receiver, with the authority of
    17  superintendence,  control  or command of other persons in the employment
    18  of such corporation or receiver, or with  the  authority  to  direct  or
    19  control  any  other  employee  in  the  performance  of the duty of such
    20  employee, or who have, as a part of their  duty,  for  the  time  being,
    21  physical control or direction of the movement of a signal, switch, loco-
    22  motive  engine,  car,  train or telegraph office, are vice-principals of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08589-03-1

        A. 8070                             2
 
     1  such corporation or  receiver,  and  are  not  fellow-servants  of  such
     2  injured or deceased employee.
     3    2.  If an employee, engaged in the service of any such railroad corpo-
     4  ration, or of a receiver thereof, shall receive any injury by reason  of
     5  any  defect in the condition of the ways, works, machinery, plant, tools
     6  or implements, or of any car, train, locomotive  or  attachment  thereto
     7  belonging,  owned  or operated, or being run and operated by such corpo-
     8  ration or receiver, when such defect could have been discovered by  such
     9  corporation  or  receiver,  by  reasonable  and  proper  care,  tests or
    10  inspection, such corporation or receiver shall be  deemed  to  have  had
    11  knowledge  of  such  defect  before  and  at  the  time  such  injury is
    12  sustained; and when the fact of such defect shall  be  proved  upon  the
    13  trial of any action in the courts of this state, brought by such employ-
    14  ee  or  his legal representatives, against any such railroad corporation
    15  or receiver, on account of such injuries so received, the same shall  be
    16  prima  facie  evidence  of negligence on the part of such corporation or
    17  receiver. [This section shall not affect actions  or  causes  of  action
    18  existing on May twenty-ninth, nineteen hundred and six; and no]
    19    3.  If  any  employee,  engaged  in  the service of any intercity rail
    20  passenger service, as defined by section ninety-seven of  this  article,
    21  or  of  a commuter rail service, as defined by section ninety-seven-a of
    22  this article, shall suffer a  physical  and/or  mental  injury  that  is
    23  caused  by  a  passenger,  customer  or  member  of the public while the
    24  employee is performing an assigned duty, pursuant to subdivision  eleven
    25  of  section  120.05  of  the  penal law or otherwise, the intercity rail
    26  passenger service or commuter rail service shall be held liable for  any
    27  health  care costs attributable to such injury and, in cases where it is
    28  determined by his or her health care provider that such injured employee
    29  is unable to perform his or her assigned duties due to such injury, such
    30  employee shall be compensated by the intercity rail passenger service or
    31  commuter rail service at an amount not less than the employee would have
    32  earned on the assignment they would have worked  until  such  time  that
    33  such  employee is designated able to return to work by his or her health
    34  care provider.
    35    4. No contract, receipt, rule or regulation, between an employee and a
    36  railroad corporation or receiver, shall exempt or limit the liability of
    37  such corporation or receiver from the provisions of this section, howev-
    38  er a collective bargaining agreement may alternatively bargain for bene-
    39  fits greater than those provided by this section.
    40    § 2. This act shall take effect immediately.
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