STATE OF NEW YORK
________________________________________________________________________
9107
IN ASSEMBLY
March 17, 2014
___________
Introduced by M. of A. MILLMAN -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to establishing
and empowering the station agent study commission and providing for
its dissolution upon completion of its duties
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public authorities law is amended by adding a new
2 section 1206-b to read as follows:
3 § 1206-b. Station agent study commission. 1. A temporary commission,
4 to be known as the "station agent study commission", is hereby created
5 to study and make recommendations relating to the impact on the quality
6 of service provided by the New York transit authority after the removal
7 of station agents at subway stations.
8 2. The commission shall consist of thirteen members to be appointed as
9 follows: three persons shall be appointed by the governor, one of whom
10 is designated by the governor as chair of the joint commission; one
11 additional person shall be appointed by the governor upon the recommen-
12 dation of the board of directors of the metropolitan transit authority;
13 one additional person shall be appointed by the governor upon the recom-
14 mendation of the labor organization representing a majority of the
15 employees at the New York city transit authority; one additional person
16 shall be appointed by the governor upon the recommendation of a not-for-
17 profit advocacy group representing consumers of mass transit services
18 within New York city; one person shall be appointed by the speaker of
19 the assembly; one person shall be appointed by the temporary president
20 of the senate; two persons shall be appointed by the speaker of the New
21 York City council, at least one of whom shall be the chair of the trans-
22 portation committee of the council, and the other of whom shall be a
23 resident of a different borough than the chair of the transportation
24 committee of the council; two persons shall be appointed by the mayor of
25 the city of New York, at least one of whom shall be the commissioner of
26 the New York city department of transportation; and one person shall be
27 appointed by the public advocate of the city of New York. All members of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14370-01-4
A. 9107 2
1 the commission shall be appointed within ninety days of the effective
2 date of this section.
3 3. The members of the commission shall receive no compensation for
4 their services, but shall be allowed their actual and necessary expenses
5 incurred in the performance of their duties pursuant to this section.
6 Such expenses shall be paid out of operating appropriations made to the
7 metropolitan transit authority by the state.
8 4. The joint commission shall have the power to:
9 a. conduct public hearings to receive comment on the impact of the
10 elimination of station agents from policy makers, community groups,
11 businesses, urban planners, law enforcement agents, residents and any
12 other individuals utilizing a mass transit network, parts of which are
13 rendered beneath the street level surface;
14 b. compile, collect, review and otherwise organize the best practices
15 for operating subterranean mass transit services throughout the world;
16 c. empower and fund site visits by commission members to other public-
17 ly operated subterranean mass transit networks in North America;
18 d. compose and distribute an interim report containing preliminary
19 findings of fact, recommendations and other information deemed prudent
20 by the majority of the joint commission on or before the end of the
21 sixth month after its initial meeting and a final report six months
22 thereafter;
23 e. utilize existing personnel of the metropolitan transit authority or
24 any of its subsidiaries to support any of its lawful activities to
25 comply with the provisions of this section; and
26 f. conduct a cost benefit analysis on the effect of removing station
27 agents from a mass transit network having elements of such service
28 delivered in a subterranean setting.
29 5. The commission shall make a report of its findings and make any
30 recommendations it may deem necessary and appropriate to the governor,
31 the temporary president of the senate and the speaker of the assembly
32 and to the speaker of the New York city council and the mayor of the
33 city of New York no later than one year after all of the members of the
34 commission have been appointed. Upon presentation of this report, the
35 commission shall be dissolved.
36 6. Prior to the commission rendering its final report as required by
37 subdivision five of this section, the metropolitan transit authority and
38 any of its subsidiaries are prohibited from eliminating any position,
39 job title, or person serving as station agent at the time of the effec-
40 tive date of this section. Any person or authorized collective bargain-
41 ing unit representing such person, shall have standing to seek an appro-
42 priate remedy pursuant to grievance procedures set forth in a
43 collectively bargained agreement to include but not be limited to, back
44 pay, reinstatement of benefits, reinstatement of pension credits and
45 other relief when such transit authority violates the prohibition set
46 forth in this subdivision.
47 § 2. This act shall take effect immediately.
