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S03953 Summary:

BILL NOS03953A
 
SAME ASNo Same As
 
SPONSORKENNEDY
 
COSPNSRBORRELLO, RYAN
 
MLTSPNSR
 
Add §63-a, Rail L
 
Provides that no person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of freight unless such railroad train or locomotive has a crew of not less than two individuals; provides exemptions; defines terms; imposes civil penalties.
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S03953 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3953--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by  Sens.  KENNEDY, BORRELLO, RYAN -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the railroad  law,  in  relation  to  requiring  certain
          trains  and  locomotives  to  have  a  crew  size of not less than two
          persons; and providing for the repeal of such provisions upon  expira-
          tion thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The railroad law is amended by adding a new section 63-a to
     2  read as follows:
     3    § 63-a. Minimum crew size. 1. Except as otherwise provided in subdivi-
     4  sion two of this section, no person operating or controlling any Class I
     5  or Class II railroad shall allow the operation of any railroad train  or
     6  locomotive  for  the movement of freight in this state unless such rail-
     7  road train or locomotive has a crew of not less than two individuals.
     8    2. The provisions of subdivision one of this section shall  not  apply
     9  to a railroad train or locomotive engaged in switching service.
    10    3. As used in this section, the following terms shall have the follow-
    11  ing meanings:
    12    (a)  "Class I railroad" means a railroad that has been classified as a
    13  Class I railroad by the federal surface transportation board in  accord-
    14  ance with 49 C.F.R. part 1201 section 1-1.
    15    (b) "Class II railroad" means a railroad that has been classified as a
    16  Class II railroad by the federal surface transportation board in accord-
    17  ance with 49 C.F.R. part 1201 section 1-1.
    18    (c)  "Locomotive"  means  a self-propelled piece of on-track equipment
    19  designed for moving or  propelling  cars  that  are  designed  to  carry
    20  freight,  passengers,  or  other  equipment,  but  which  itself  is not
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01826-05-1

        S. 3953--A                          2
 
     1  designed or intended to carry  freight,  passengers  (other  than  those
     2  operating the locomotive) or other equipment.
     3    (d)  "Railroad" means a commercial entity that operates locomotives to
     4  transport passengers or freight.
     5    (e) "Switching service" means the classification of rail cars  accord-
     6  ing  to  commodity or destination; assembly of rail cars for train move-
     7  ments; changing the position of  rail  cars  for  purposes  of  loading,
     8  unloading  or  weighing; placing of locomotives and rail cars for repair
     9  or storage; or moving of rail equipment in connection with work  service
    10  that does not constitute train movement.
    11    (f)  "Train"  means  one  or more locomotives, coupled with or without
    12  cars.
    13    4. A violation of the provisions of subdivision one  of  this  section
    14  shall be punishable by a civil penalty in an amount of not less than two
    15  hundred  fifty  dollars  nor  more than one thousand dollars for a first
    16  violation; for a second violation both of which were committed within  a
    17  period  of  three years by a civil penalty of not less than one thousand
    18  dollars nor more than five thousand dollars; and for a third  or  subse-
    19  quent  violation  all  of  which were committed within a period of three
    20  years, by a civil penalty of not less than  five  thousand  dollars  nor
    21  more than ten thousand dollars.
    22    §  2. Severability.   If any clause, sentence, subdivision, paragraph,
    23  section or part of this act be adjudged by any court of competent juris-
    24  diction to be invalid, or if any federal agency  determines  in  writing
    25  that this act would render New York state ineligible for the receipt  of
    26  federal funds, such judgment or written determination shall not  affect,
    27  impair or invalidate the remainder thereof, but shall be confined in its
    28  operation  to  the  clause, sentence, subdivision, paragraph, section or
    29  part thereof directly involved in the controversy in which such judgment
    30  or written determination shall have been rendered.
    31    § 3. This act shall take effect on the thirtieth day  after  it  shall
    32  have become a law and shall expire and be deemed repealed if any federal
    33  agency  determines  in writing that this act would render New York state
    34  ineligible for the receipt of federal funds or any  court  of  competent
    35  jurisdiction determines that this act would render New York state out of
    36  compliance with federal law or regulation; provided that the commission-
    37  er of transportation shall notify the legislative bill drafting  commis-
    38  sion  upon the occurrence of any federal agency determination in writing
    39  that this act would render New York state ineligible for the receipt  of
    40  federal  funds  or  any  court of competent jurisdiction determines that
    41  this act would render New York state out of compliance with federal  law
    42  or  regulation  in  order that the commission may maintain  an  accurate
    43  and timely effective data base of the official text of the laws  of  the
    44  state  of  New  York  in  furtherance  of effectuating the provisions of
    45  section 44 of the legislative law and section 70-b of the  public  offi-
    46  cers    law.    Effective  immediately,   the addition, amendment and/or
    47  repeal of any rule or regulation necessary  for  the  implementation  of
    48  this  act on  its effective date are authorized to be made and completed
    49  on or before such effective date.
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