Bill Text: NY A02105 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates a consumer bill of rights regarding railroad passengers; establishes certain services shall be provided whenever railroad passengers have boarded a train and are delayed more than three hours at a train station prior to departure; creates an office of railroad consumer advocate.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2012-01-04 - referred to consumer affairs and protection [A02105 Detail]
Download: New_York-2011-A02105-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2105
2011-2012 Regular Sessions
I N A S S E M B L Y
January 13, 2011
___________
Introduced by M. of A. LAVINE, M. MILLER -- read once and referred to
the Committee on Consumer Affairs and Protection
AN ACT to amend the executive law and the general business law, in
relation to creating a consumer bill of rights regarding railroad
passengers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraphs c and d of subdivision 2 of section 553 of the
2 executive law, paragraph c as amended and paragraph d as added by chap-
3 ter 472 of the laws of 2007, are amended and a new paragraph e is added
4 to read as follows:
5 c. on behalf of the board, initiate, intervene in, or participate in
6 any proceedings before the public service commission, to the extent
7 authorized by sections twenty-four-a, seventy-one, eighty-four or nine-
8 ty-six of the public service law or any other applicable provision of
9 law, where he deems such initiation, intervention or participation to be
10 necessary or appropriate; [and]
11 d. on behalf of the board and in conjunction with the office of
12 airline consumer advocate, initiate, investigate, attempt to resolve
13 and, if necessary, refer to the attorney general any matters or
14 complaints received pursuant to article fourteen-A of the general busi-
15 ness law as provided in such article[.];
16 E. ON BEHALF OF THE BOARD AND IN CONJUNCTION WITH THE OFFICE OF THE
17 RAILROAD CONSUMER ADVOCATE, INITIATE, INVESTIGATE, ATTEMPT TO RESOLVE
18 AND, IF NECESSARY, REFER TO THE ATTORNEY GENERAL ANY MATTERS OR
19 COMPLAINTS RECEIVED PURSUANT TO ARTICLE FOURTEEN-B OF THE GENERAL BUSI-
20 NESS LAW AS PROVIDED IN SUCH ARTICLE; AND
21 S 2. The general business law is amended by adding a new article 14-B
22 to read as follows:
23 ARTICLE 14-B
24 RAILROAD PASSENGER RIGHTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06972-01-1
A. 2105 2
1 SECTION 251-N. DEFINITIONS.
2 251-O. CONSUMER BILL OF RIGHTS REGARDING RAILROAD PASSENGERS.
3 251-P. OFFICE OF THE RAILROAD CONSUMER ADVOCATE.
4 251-Q. LIMITATIONS ON APPLICABILITY OF ARTICLE.
5 251-R. SEVERABILITY.
6 S 251-N. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
7 1. "CARRIER" MEANS ANY PARTNERSHIP, CORPORATION OR OTHER BUSINESS
8 ENTITY REGULATED BY THE METROPOLITAN TRANSPORTATION AUTHORITY THAT
9 CONDUCTS SCHEDULED PASSENGER RAIL TRANSPORTATION.
10 2. "TRAIN" MEANS ANY CONTRIVANCE FOR PASSENGER TRAVEL BY RAIL.
11 3. "RAILROAD STATION" MEANS ANY FACILITY USED BY TRAINS FOR RECEIVING
12 OR DISCHARGING PASSENGERS.
13 4. "BOARD" MEANS THE CONSUMER PROTECTION BOARD AS ESTABLISHED IN
14 SECTION FIVE HUNDRED FIFTY OF THE EXECUTIVE LAW.
15 S 251-O. CONSUMER BILL OF RIGHTS REGARDING RAILROAD PASSENGERS. 1.
16 WHENEVER RAILROAD PASSENGERS HAVE BOARDED A TRAIN AND ARE DELAYED MORE
17 THAN THREE HOURS ON THE TRAIN PRIOR TO DEPARTURE, THE CARRIER SHALL
18 ENSURE THAT PASSENGERS ARE PROVIDED AS NEEDED WITH:
19 (A) ELECTRIC GENERATION SERVICE TO PROVIDE TEMPORARY POWER FOR FRESH
20 AIR AND LIGHTS;
21 (B) WASTE REMOVAL SERVICE IN ORDER TO SERVICE THE HOLDING TANKS FOR
22 ON-BOARD RESTROOMS; AND
23 (C) ADEQUATE FOOD AND DRINKING WATER AND OTHER REFRESHMENTS.
24 2. ALL CARRIERS SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE ON CONSUMER
25 COMPLAINT CONTACT INFORMATION BY PROVIDING FORMS AND/OR CAUSING SIGNS TO
26 BE POSTED AT ALL SERVICE DESKS AND OTHER APPROPRIATE AREAS AS NECESSARY
27 IN THEIR RESPECTIVE AREAS IN A RAILROAD STATION WHICH SHALL CONTAIN
28 INFORMATION IN SUCH FORM AND MANNER AS THE RAILROAD CONSUMER ADVOCATE
29 SHALL PRESCRIBE, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
30 (A) A TELEPHONE NUMBER AND MAILING ADDRESS OF THE OFFICE OF THE RAIL-
31 ROAD CONSUMER ADVOCATE AND THE FEDERAL RAILROAD ADMINISTRATION;
32 (B) EXPLANATIONS OF THE RIGHTS OF RAILROAD PASSENGERS; AND
33 (C) BASIC INFORMATION ON THE OFFICE OF THE RAILROAD CONSUMER ADVOCATE.
34 S 251-P. OFFICE OF THE RAILROAD CONSUMER ADVOCATE. 1. THERE SHALL BE
35 IN THE BOARD AN OFFICE TO BE KNOWN AS THE OFFICE OF RAILROAD CONSUMER
36 ADVOCATE. THE EXECUTIVE DIRECTOR OF THE BOARD SHALL DESIGNATE ONE OR
37 MORE EMPLOYEES OF THE BOARD TO SERVE IN SUCH OFFICE.
38 2. (A) THE OFFICE OF THE RAILROAD CONSUMER ADVOCATE SHALL HAVE THE
39 FOLLOWING FUNCTIONS, POWERS, AND DUTIES:
40 (I) TO ASSIST CUSTOMERS IN RESOLVING PROBLEMS WITH RAILROAD CARRIERS;
41 (II) TO IDENTIFY AREAS IN WHICH CUSTOMERS HAVE PROBLEMS IN DEALINGS
42 WITH CARRIERS;
43 (III) TO PROPOSE SOLUTIONS, INCLUDING ADMINISTRATIVE CHANGES TO PRAC-
44 TICES AND PROCEDURES OF THE CARRIER OR RAILROAD STATION;
45 (IV) TO PRESERVE AND PROMOTE THE RIGHTS OF THE CUSTOMER;
46 (V) TO PROMOTE OPEN AND DIRECT COMMUNICATIONS; AND
47 (VI) IN CONJUNCTION WITH OTHER APPROPRIATE STAFF OF THE BOARD, TO
48 INITIATE, INVESTIGATE, ATTEMPT TO RESOLVE, AND IF NECESSARY REFER TO THE
49 ATTORNEY GENERAL ANY MATTERS OR COMPLAINTS RECEIVED PURSUANT TO THIS
50 ARTICLE.
51 (B) ANY COMPLAINTS REGARDING VIOLATIONS OF SECTION TWO HUNDRED FIFTY-
52 ONE-O OF THIS ARTICLE SHALL BE FILED WITH THE OFFICE OF THE RAILROAD
53 CONSUMER ADVOCATE WHO MAY, ON BEHALF OF THE BOARD AND IN CONJUNCTION
54 WITH OTHER STAFF OF THE BOARD, CONDUCT AN INVESTIGATION AND MAY REQUEST
55 IN WRITING THE PRODUCTION OF DOCUMENTS AND RECORDS AS PART OF ITS INVES-
56 TIGATION. IF THE PERSON UPON WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE
A. 2105 3
1 THE DOCUMENTS OR RECORDS WITHIN THIRTY DAYS AFTER THE DATE OF THE
2 REQUEST, THE BOARD MAY ISSUE AND SERVE SUBPOENAS TO COMPEL THE
3 PRODUCTION OF SUCH DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO
4 COMPLY WITH A SUBPOENA ISSUED UNDER THIS SECTION, THE BOARD MAY PETITION
5 A COURT OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA AND SUCH SANC-
6 TIONS AS THE COURT MAY DIRECT. AFTER COMPLETION OF AN INVESTIGATION,
7 THE BOARD SHALL EITHER: (I) DISMISS THE COMPLAINT FOLLOWING A DETERMI-
8 NATION THAT NO VIOLATION OCCURRED; OR (II) DETERMINE THAT A VIOLATION
9 HAS LIKELY OCCURRED AND, IF SO, SHALL ATTEMPT TO RESOLVE THE MATTER BY
10 SETTLEMENT, WHICH MAY INCLUDE A MONETARY SETTLEMENT TO COVER THE ORDI-
11 NARY COSTS AND EXPENSES INCURRED BY THE BOARD. IF NO SETTLEMENT IS
12 ACHIEVED, THEN THE MATTER SHALL BE REFERRED TO THE ATTORNEY GENERAL FOR
13 FURTHER PROCEEDINGS, INCLUDING, IF NECESSARY, LEGAL ACTION.
14 (C) ANY RECORDS, DOCUMENTS, PAPERS, MAPS, BOOKS, TAPES, PHOTOGRAPHS,
15 FILES, SOUND RECORDINGS OR OTHER BUSINESS MATERIAL, REGARDLESS OF FORM
16 OR CHARACTERISTICS, OBTAINED BY THE BOARD PURSUANT TO SUBPOENA SHALL BE
17 CONFIDENTIAL.
18 (D) THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO RECOVER A CIVIL PENAL-
19 TY NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION; PROVIDED, HOWEVER,
20 THAT FOR A VIOLATION OF SUBDIVISION ONE OF SECTION TWO HUNDRED
21 FIFTY-ONE-O OF THIS ARTICLE THE CIVIL PENALTY SHALL NOT EXCEED ONE THOU-
22 SAND DOLLARS PER PASSENGER. ANY SUCH PENALTY SHALL TAKE INTO CONSIDER-
23 ATION ANY COMPENSATION PAID OR OFFERED BY THE CARRIER TO PASSENGERS. THE
24 CIVIL PENALTY IMPOSED PURSUANT TO THIS PARAGRAPH MAY BE SOUGHT IN A
25 CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL IN ANY COURT OF COMPETENT
26 JURISDICTION. IF THE ATTORNEY GENERAL PREVAILS IN A CIVIL ACTION, THE
27 COURT MAY AWARD THE ATTORNEY GENERAL REASONABLE ATTORNEYS' FEES, AND AN
28 AMOUNT EQUAL TO THE ORDINARY COSTS AND EXPENSES INCURRED BY THE BOARD,
29 AS IT DEEMS APPROPRIATE. IF THE ATTORNEY GENERAL REACHES A SETTLEMENT,
30 THIS SETTLEMENT SHALL INCLUDE AN AMOUNT EQUAL TO THE ORDINARY COSTS AND
31 EXPENSES INCURRED BY THE BOARD. UPON THE RECEIPT OF ANY AWARD OR SETTLE-
32 MENT TO THE ATTORNEY GENERAL OF THE ORDINARY COSTS AND EXPENSES INCURRED
33 BY THE BOARD, THE ATTORNEY GENERAL SHALL DELIVER SUCH AMOUNT IMMEDIATELY
34 TO THE BOARD. "ORDINARY COSTS AND EXPENSES" SHALL MEAN COSTS AND
35 EXPENSES INCURRED BY THE BOARD AS A CONSEQUENCE OF INVESTIGATION OF
36 VIOLATIONS OF THIS ARTICLE.
37 (E) THE ANNUAL REPORT PREPARED BY THE BOARD PURSUANT TO PARAGRAPH C OF
38 SUBDIVISION ONE OF SECTION FIVE HUNDRED FIFTY-THREE OF THE EXECUTIVE LAW
39 SHALL INCLUDE A SUMMARY OF THE ACTIVITIES OF THE OFFICE OF THE RAILROAD
40 CONSUMER ADVOCATE. SUCH REPORT SHALL CONTAIN FULL AND SUBSTANTIVE ANALY-
41 SIS, IN ADDITION TO STATISTICAL INFORMATION, AND SHALL:
42 (I) IDENTIFY THE INITIATIVES THE OFFICE OF RAILROAD CONSUMER ADVOCATE
43 HAS TAKEN TO IMPROVE RAILROAD SERVICES;
44 (II) CONTAIN A SUMMARY OF THE MOST SERIOUS PROBLEMS ENCOUNTERED BY
45 CUSTOMERS, INCLUDING A DESCRIPTION OF THE NATURE OF SUCH PROBLEMS;
46 (III) CONTAIN AN INVENTORY OF THE ITEMS DESCRIBED IN SUBPARAGRAPHS (I)
47 AND (II) OF THIS PARAGRAPH FOR WHICH ACTION HAS BEEN TAKEN AND THE
48 STATUS AND RESULTS OF SUCH ACTIONS, AND AN INVENTORY OF ITEMS FOR WHICH
49 NO ACTION HAS BEEN TAKEN, AND THE REASONS THEREFOR;
50 (IV) CONTAIN RECOMMENDATIONS FOR SUCH LEGISLATIVE OR ADMINISTRATIVE
51 PROPOSALS AS MAY BE APPROPRIATE TO RESOLVE PROBLEMS ENCOUNTERED BY
52 CUSTOMERS; AND
53 (V) INCLUDE SUCH OTHER INFORMATION AS THE OFFICE OF THE RAILROAD
54 CONSUMER ADVOCATE AND THE BOARD MAY DEEM ADVISABLE.
55 S 251-Q. LIMITATIONS ON APPLICABILITY OF ARTICLE. NOTHING IN THIS
56 ARTICLE SHALL BE CONSTRUED AS REQUIRING ANY CARRIER, RAILROAD STATION OR
A. 2105 4
1 OTHER ENTITY TO TAKE ANY ACTION IN CONTRAVENTION OF ANY WRITTEN DIREC-
2 TIVE OF THE FEDERAL RAILROAD ADMINISTRATION OR OTHER FEDERAL AGENCY
3 HAVING JURISDICTION OVER SUCH ENTITY.
4 S 251-R. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
5 PART OF THIS ARTICLE BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION
6 TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE
7 REMAINDER HEREOF BUT SHALL BE APPLIED IN ITS OPERATION TO THE CLAUSE,
8 SENTENCE, PARAGRAPH, SECTION OR PART HEREOF DIRECTLY INVOLVED IN THE
9 CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
10 S 3. This act shall take effect on the first of January next succeed-
11 ing the date on which it shall have become a law; provided that effec-
12 tive immediately, the addition, amendment and/or repeal of any rule or
13 regulation necessary for the implementation of this act on its effective
14 date is authorized and directed to be made and completed on or before
15 such effective date.
