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S03953 Summary:

S03953 Actions:

S03953 Committee Votes:

S03953 Floor Votes:

S03953 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3953--B
 
                               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  --  recommitted  to  the
          Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
          -- 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01826-07-2
        S. 3953--B                          2
 
     1    (c) "Locomotive" means a self-propelled piece  of  on-track  equipment
     2  designed  for  moving  or  propelling  cars  that  are designed to carry
     3  freight, passengers,  or  other  equipment,  but  which  itself  is  not
     4  designed  or  intended  to  carry  freight, passengers (other than those
     5  operating the locomotive) or other equipment.
     6    (d)  "Railroad" means a commercial entity that operates locomotives to
     7  transport passengers or freight.
     8    (e) "Switching service" means the classification of rail cars  accord-
     9  ing  to  commodity or destination; assembly of rail cars for train move-
    10  ments; changing the position of  rail  cars  for  purposes  of  loading,
    11  unloading  or  weighing; placing of locomotives and rail cars for repair
    12  or storage; or moving of rail equipment in connection with work  service
    13  that does not constitute train movement.
    14    (f)  "Train"  means  one  or more locomotives, coupled with or without
    15  cars.
    16    4. A violation of the provisions of subdivision one  of  this  section
    17  shall be punishable by a civil penalty in an amount of not less than two
    18  hundred  fifty  dollars  nor  more than one thousand dollars for a first
    19  violation; for a second violation both of which were committed within  a
    20  period  of  three years by a civil penalty of not less than one thousand
    21  dollars nor more than five thousand dollars; and for a third  or  subse-
    22  quent  violation  all  of  which were committed within a period of three
    23  years, by a civil penalty of not less than  five  thousand  dollars  nor
    24  more than ten thousand dollars.
    25    §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
    26  section or part of this act be adjudged by any court of competent juris-
    27  diction to be invalid, or if any federal agency  determines  in  writing
    28  that  this act would render New York state ineligible for the receipt of
    29  federal   funds,   such judgment  or  written  determination  shall  not
    30  affect,  impair  or  invalidate  the  remainder  thereof,  but  shall be
    31  confined in its operation to the clause,  sentence,  subdivision,  para-
    32  graph,  section  or part thereof directly involved in the controversy in
    33  which such judgment or written determination shall have been rendered.
    34    § 3. This act shall take effect on the thirtieth day  after  it  shall
    35  have  become a law; provided, however, that this act shall expire and be
    36  deemed repealed if any federal agency determines in  writing  that  this
    37  act  would  render  New York state ineligible for the receipt of federal
    38  funds or any court of competent  jurisdiction  finally  determines  that
    39  this  act would render New York state out of compliance with federal law
    40  or regulation; provided, further, that the commissioner  of  transporta-
    41  tion  shall  notify  the legislative   bill drafting commission upon the
    42  occurrence of the provisions of section two of this act  in  order  that
    43  the  commission  may maintain an accurate and timely effective data base
    44  of the official text of the laws of the state of New York in furtherance
    45  of effectuating the provisions of section 44 of the legislative law  and
    46  section  70-b  of  the public officers law.   Effective immediately, the
    47  addition, amendment and/or repeal of any rule  or  regulation  necessary
    48  for  the implementation of this act on its effective date are authorized
    49  to be made and completed on or before such effective date.