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.