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NYS Senate bill: "S6312-2011: Prohibits the consumption of food in NYC subways"

Posted by Gold_12TH on Sat Jan 28 00:47:36 2012

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Jan 24, 2012: REFERRED TO TRANSPORTATION

S6312-2011 Memo

BILL NUMBER:S6312

TITLE OF BILL:
An act
to amend the public authorities
law, in relation to prohibiting the consumption
of food in New York city subways

PURPOSE OF THE BILL:
The purpose of this legislation is to mitigate the growing rat
infestation in the NYC subway system.

SUMMARY OF SPECIFIC PROVISIONS:
§ 1- Public authorities law is amended by adding a new section 1277 -b
which prohibits the consumption of food on subway trains.

Subdivision 2. Establishes fines and other punitive actions for a
failure to adhere to the prohibition.

Subdivision 3. Requires all fines collected pursuant to subdivision 2
of this section be deposited to the credit of the New York subway
littering prevention fund established pursuant to section 97-uuu of
the state finance law.

§ 2- Effective Date.

JUSTIFICATION:
Most people have a visceral reaction to rats, but that alone is not
why we must make every effort to rid them from our subways. Rats can
carry and transmit diseases, some of which are fatal to humans, dogs,
and other animals. Rats can spread disease through their urine, feces
and from bites. Leptospirosis, for example, is a rat borne illness
that may cause kidney and liver damage, meningitis (inflammation
of the membrane around the brain and spinal cord) and respiratory
difficulty can result. Rats also carry parasites like fleas, worms
and mites which can spread diseases as well. The public health crisis
underscores the potential danger posed by an out of control rat
population. In particular, New York city's subway system, with its
densely packed trains and enclosed spaces, provides an ideal
environment for communicable diseases to spread quickly.

New Yorkers think we have a serious rodent problem in our subways that
cart be resolved. This is the news that comes from a district-wide
rat survey conducted by my office. Over 15,000
surveys were distributed, in the mail, on-line and in-person at train
stations. People's passion for this issue was evident wherever we
handed out surveys. Within days of our mailing, we received stacks of
mail from constituents who had taken the time to fill out, stamp and
mail back our surveys. The response was overwhelming.

As the results came in, three things are clear: NYC residents
overwhelmingly stated they are facing a severe problem, and that the
problem of rats rampaging through the subway is partly due to inept
pest-control by the Metropolitan Transit Authority and most feel
strongly that the conduct of train customers, eating in stations, on
trains, and carelessly discarding refuse on the tracks or platforms,
plays an important role in compounding the problem. New York City is
considered by many to be the capital of the world. As one of the
busiest cities in the country with one of the largest transportation
systems, we have to take the problem of rats more seriously.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
No cost to the state. In fact, the fines associated with this
legislation creates an additional revenue stream for the New York
subway littering prevention fund.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.


S6312-2011 Text

S T A T E O F N E W Y O R K


6312
I N SENATE
January 24, 2012

Introduced by Sens. PERKINS, ESPAILLAT, HUNTLEY, OPPENHEIMER -- read
twice and ordered printed, and when printed to be committed to the
Committee on Transportation
AN ACT to amend the public authorities law, in relation to prohibiting
the consumption of food in New York city subways
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
BLY, DO ENACT AS FOLLOWS:



Section 1. The public authorities law is amended by adding a new
section 1277-b to read as follows:



S 1277-B. PROHIBITION OF THE CONSUMPTION OF FOOD ON SUBWAY TRAINS. 1.
NO PERSON SHALL CONSUME ANY FOOD WITHIN ANY SUBWAY. FOR PURPOSES OF THIS
SECTION, THE TERM "SUBWAY" SHALL MEAN ALL RAIL RAPID TRANSIT SYSTEMS
OPERATED BY THE NEW YORK CITY TRANSIT AUTHORITY INCLUDING BUT NOT LIMIT
ED TO ALL TRAINS, RAIL CARS, PASSENGER STATIONS, PLATFORMS AND SHOPS
OPERATED BY SUCH AUTHORITY.
2. A VIOLATION OF THE PROVISION OF SUBDIVISION ONE OF THIS SECTION
SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS
AND/OR A REQUIREMENT TO PERFORM SERVICES FOR A PUBLIC OR NOT-FOR-PROFIT
CORPORATION, ASSOCIATION, INSTITUTION OR AGENCY NOT TO EXCEED EIGHT
HOURS AND FOR ANY SECOND OR SUBSEQUENT VIOLATION BY A FINE NOT TO EXCEED
FIVE HUNDRED DOLLARS AND/OR A REQUIREMENT TO PERFORM SERVICES FOR A
PUBLIC OR NOT-FOR-PROFIT CORPORATION, ASSOCIATION, INSTITUTION OR AGENCY
NOT TO EXCEED EIGHT HOURS.
3. FINES COLLECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
BE DEPOSITED TO THE CREDIT OF THE NEW YORK SUBWAY LITTERING PREVENTION
FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-UUU OF THE STATE
FINANCE LAW, AND SHALL BE USED BY THE NEW YORK CITY TRANSIT AUTHORITY TO
POST SIGNS NOTIFYING THE PUBLIC OF THE MAXIMUM FINE FOR A VIOLATION OF
SUBDIVISION ONE OF THIS SECTION.


S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14148-01-2

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