Relates to requiring military courtesy centers in all airports to serve the rest and recreational needs of traveling active servicemembers and veterans.
STATE OF NEW YORK
________________________________________________________________________
7692
IN SENATE
February 8, 2018
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the transportation law, in relation to requiring mili-
tary courtesy centers in all airports
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. In recognition of the service provided
2 by active servicemembers and veterans, who often spent long hours away
3 from their homes while working to defend our freedoms, it is the intent
4 of this legislature to offer space in airports for members of the mili-
5 tary to relax and rest. Therefore, every commercial airport in the
6 state, regardless of authority or ownership, must offer space for active
7 servicemembers and veterans to relax and rest while traveling, subject
8 to the conditions set forth by the commissioner of transportation.
9 § 2. The transportation law is amended by adding a new section 14-n to
10 read as follows:
11 § 14-n. Airport military courtesy centers. 1. For the purposes of this
12 section, the following terms shall have the following meanings:
13 (a) "military courtesy center" shall mean a club, lounge, or courtesy
14 room housed within an airport for purposes of providing a distinct room
15 or suite to serve the rest and recreational needs of traveling active
16 servicemembers and veterans. Military courtesy centers may be maintained
17 by any authorized municipality, by an airport or commercial air carrier,
18 by nonprofit organizations, veterans' service agencies or organizations,
19 by state expenses from any appropriation for the maintenance of military
20 courtesy centers, or by any combination thereof;
21 (b) "airport" shall have the same meaning as such term is defined in
22 subdivision five of section two hundred forty of the general business
23 law, including privately-owned airports and public use airports as
24 contemplated under sections fourteen-h and fourteen-l of this article;
25 (c) "active servicemember" shall mean a person serving in active duty
26 in the United States army, navy, marine corps, air force, coast guard or
27 reserves component, or who is serving in active military service of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13435-02-7
S. 7692 2
1 United States as a member of the army national guard, air national
2 guard, New York guard or New York naval militia; and
3 (d) "veteran" shall mean a person who was a member of the armed forces
4 of the United States and received an honorable discharge or was released
5 therefrom under honorable conditions.
6 2. (a) Notwithstanding any provision of law to the contrary, in order
7 to enhance comfort for traveling veterans and active servicemembers, the
8 commissioner shall ensure that each airport located in New York state
9 provide at least one military courtesy center upon new terminal
10 construction or the replacement, expansion, or reconstruction or reno-
11 vation of an existing terminal or aviation capital facility.
12 (b) Airports shall not be required to provide a military courtesy
13 center if there is a demonstrated lack of need as determined by factors
14 certified and approved by the commissioner, including without limita-
15 tion:
16 (i) minimal current and projected active servicemember and veteran
17 travel volumes;
18 (ii) design features would have an adverse impact on, or be contrary
19 to, public safety;
20 (iii) the cost would be fiscally prohibitive to the airport and the
21 airport either conducts fewer than one million emplanements per year or
22 generates less than one million dollars in gross revenues; or
23 (iv) the airport provided an airport rest area or service center which
24 is staffed by the United Service Organization or other veterans service
25 agencies before December thirty-first, two thousand eighteen.
26 3. (a) The commissioner shall determine the manner by which proof of
27 active duty or veteran status shall be submitted for purposes of gaining
28 entry to a military courtesy center.
29 (b) Military courtesy centers shall be suitably marked and signs indi-
30 cating their location shall be posted within the airport.
31 (c) Military courtesy centers shall include, at a minimum, electrical
32 outlets, seating, internet access, telephones and televisions.
33 4. (a) The commissioner is authorized to establish an exemption or
34 waiver process for airports to demonstrate a lack of need pursuant to
35 paragraph (b) of subdivision two of this section, provided that the
36 commissioner shall publish a written report documenting the reasons for
37 granting the exemption or waiver and how those reasons comply with para-
38 graph (b) of subdivision two of this section. Further, no less than
39 thirty days prior to granting any such exemption or waiver, the commis-
40 sioner shall solicit public commentary from members of the public and
41 organizations representing active servicemembers and veterans, including
42 without limitation the United Service Organization, state division of
43 veterans' affairs, and local veterans service agencies or organizations
44 with jurisdiction over the territory in which the airport is located.
45 Additionally, the commissioner shall advertise its consideration of this
46 waiver and solicit public commentary by posting the notice on its home-
47 page and in advertising in two local newspapers of general circulation
48 no less than sixty days before releasing its written report.
49 (b) The commissioner shall permit airports to enter into agreements
50 for the installation of vending machines dispensing such food, drink and
51 other articles as he or she deems appropriate or desirable, provided
52 that alcohol shall not be permitted. Net revenues generated pursuant to
53 such agreements shall be appropriated to the aviation purpose account of
54 the state capital projects fund or to the state veterans' counseling
55 services program.
S. 7692 3
1 5. (a) This section shall not be construed to replace or supersede
2 airport security standards required by the United States department of
3 homeland security or transportation security administration or safety
4 standards required by the United States department of transportation or
5 federal aviation administration.
6 (b) This section shall not be construed as an interference with, or
7 breach of, agreements entered into pursuant to section three hundred
8 fifty-two of the general municipal law.
9 § 3. Clause (H) of subparagraph (ii) of paragraph (c) of subdivision 2
10 of section 14-m of the transportation law, as added by section 1 of part
11 F of chapter 1 of the laws of 2004, is amended to read as follows:
12 (H) create an emergency locator map, which may be hand-drawn generally
13 to scale, identifying areas such as runways, ramp areas, fence lines,
14 gates, military courtesy centers, hydrants, emergency shelters, build-
15 ings and hazardous materials sites, and provide copies of such map to
16 emergency response agencies serving such airport, to law enforcement
17 agencies having jurisdiction over such airport, and appropriate airport
18 personnel. Whenever there is a physical change involving such areas,
19 such map shall be revised and resubmitted to the aforementioned emergen-
20 cy response and law enforcement agencies and airport personnel within
21 sixty days of such change; and
22 § 4. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law; provided that, effective immediately, the
24 commissioner of transportation is authorized and directed to promulgate,
25 amend, or repeal regulations and take other actions necessary to imple-
26 ment this act on or before such effective date.
