S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5586
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 4, 2013
                                      ___________
       Introduced  by M. of A. BRENNAN -- Multi-Sponsored by -- M. of A. JACOBS
         -- read once and referred to the Committee on  Corporations,  Authori-
         ties and Commissions
       AN  ACT to amend the public service law, in relation to policies regard-
         ing the authorized use of machine-guns and deadly  force  by  security
         personnel of nuclear-powered electric generating facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 5 of the public service law is  amended  by  adding
    2  two new subdivisions 7 and 8 to read as follows:
    3    7.  THE  COMMISSION,  IN  CONSULTATION  WITH  THE ATTORNEY GENERAL, IS
    4  AUTHORIZED AND DIRECTED TO PRESCRIBE POLICIES REGARDING  THE  AUTHORIZED
    5  USE  OF MACHINE-GUNS BY SECURITY PERSONNEL OF A NUCLEAR-POWERED ELECTRIC
    6  GENERATING FACILITY; PROVIDED, HOWEVER, THAT THE UNITED  STATES  NUCLEAR
    7  REGULATORY  COMMISSION,  PRIOR TO SUCH PRESCRIPTION, HAS DETERMINED THAT
    8  THE USE OF SUCH WEAPONS BY SECURITY PERSONNEL OF A NUCLEAR-POWERED ELEC-
    9  TRIC GENERATING FACILITY IS WARRANTED OR HAS RECOMMENDED SUCH USE.  SUCH
   10  POLICIES SHALL STRICTLY ADHERE TO THE  NUCLEAR  REGULATORY  COMMISSION'S
   11  RECOMMENDATIONS.
   12    8.  THE  COMMISSION,  IN  CONSULTATION  WITH  THE ATTORNEY GENERAL, IS
   13  AUTHORIZED AND DIRECTED TO PRESCRIBE POLICIES REGARDING THE USE OF DEAD-
   14  LY FORCE BY SECURITY PERSONNEL OF A NUCLEAR-POWERED ELECTRIC  GENERATING
   15  FACILITY  DURING  TERRORIST  ATTACKS; PROVIDED, HOWEVER, THAT THE UNITED
   16  STATES NUCLEAR REGULATORY COMMISSION, PRIOR TO  SUCH  PRESCRIPTION,  HAS
   17  RECOMMENDED  OR  OTHERWISE  ISSUED  POLICIES REGARDING THE USE OF DEADLY
   18  FORCE BY SECURITY PERSONNEL OF  A  NUCLEAR-POWERED  ELECTRIC  GENERATING
   19  FACILITY  DURING  TERRORIST ATTACKS. SUCH POLICIES SHALL STRICTLY ADHERE
   20  TO THE NUCLEAR REGULATORY COMMISSION'S RECOMMENDATIONS.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09452-01-3