Bill Text: NY A07399 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes an office of the transit riders advocate to receive and resolve complaints affecting mass transit users of facilities of the metropolitan transportation authority.
Spectrum: Partisan Bill (Democrat 24-0)
Status: (Introduced - Dead) 2016-04-05 - reported referred to ways and means [A07399 Detail]
Download: New_York-2015-A07399-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7399
2015-2016 Regular Sessions
I N A S S E M B L Y
May 8, 2015
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Introduced by M. of A. KIM, BRENNAN, ROSENTHAL, CUSICK, TITONE, LAVINE,
MILLER, COOK, JAFFEE, ORTIZ, SCHIMEL, WEPRIN, PERRY, OTIS, ABINANTI --
Multi-Sponsored by -- M. of A. FARRELL, GLICK, GOTTFRIED, HIKIND,
LENTOL, MOSLEY, MOYA, QUART, SOLAGES -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to establishing
an office of the transit riders advocate for the purpose of receiving
and resolving complaints affecting mass transit users of the facili-
ties of the metropolitan transportation authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public authorities law is amended by adding a new
2 section 1279-d to read as follows:
3 S 1279-D. OFFICE OF THE TRANSIT RIDERS ADVOCATE. 1. DEFINITIONS. FOR
4 THE PURPOSES OF THIS SECTION, THE TERM "EXECUTIVE DIRECTOR" SHALL MEAN
5 THE INDIVIDUAL APPOINTED TO SERVE AS THE CHIEF EXECUTIVE OFFICER OF THE
6 AUTHORITY PURSUANT TO SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-
7 THREE OF THIS TITLE.
8 2. OFFICE ESTABLISHED. THERE IS HEREBY ESTABLISHED WITHIN THE AUTHORI-
9 TY AN OFFICE OF THE TRANSIT RIDERS ADVOCATE FOR THE PURPOSE OF RECEIVING
10 AND RESOLVING COMPLAINTS AFFECTING MASS TRANSIT USERS OF THE FACILITIES
11 OF THE AUTHORITY AND, WHERE APPROPRIATE, REFERRING COMPLAINTS TO APPRO-
12 PRIATE INVESTIGATORY AGENCIES AND ACTING IN CONCERT WITH SUCH AGENCIES.
13 3. DIRECTOR. (A) THE EXECUTIVE DIRECTOR SHALL APPOINT A FULL-TIME
14 DIRECTOR TO ADMINISTER AND SUPERVISE THE OFFICE FROM A LIST OF CANDI-
15 DATES SUBMITTED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE. THE DIREC-
16 TOR SHALL REPORT DIRECTLY TO THE EXECUTIVE DIRECTOR.
17 (B) THE DIRECTOR SHALL BE SELECTED FROM AMONG INDIVIDUALS WITH EXPER-
18 TISE AND EXPERIENCE IN THE FIELD OF ADVOCACY, AND WITH OTHER QUALIFICA-
19 TIONS DETERMINED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE TO BE
20 APPROPRIATE FOR THE POSITION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01334-02-5
A. 7399 2
1 (C) THE DIRECTOR SHALL BE AUTHORIZED TO EMPLOY QUALIFIED STAFF AND
2 OTHER EMPLOYEES AS MAY BE REQUIRED TO PERFORM THE DUTIES AND RESPONSI-
3 BILITIES OF THE OFFICE.
4 (D) THE DIRECTOR SHALL:
5 (I) IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY, OR
6 ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS OF THE FACILITIES OF
7 THE AUTHORITY AND THAT RELATE TO ACTIONS, INACTIONS OR DECISIONS THAT
8 MAY ADVERSELY AFFECT THE HEALTH, SAFETY AND WELFARE OR RIGHTS OF SUCH
9 USERS; AND
10 (II) PROVIDE INFORMATION AND SERVICES TO ASSIST MASS TRANSIT AND PARA-
11 TRANSIT USERS IN PROTECTING THEIR HEALTH, SAFETY, WELFARE AND RIGHTS,
12 INCLUDING BUT NOT LIMITED TO REPRESENTING THE INTERESTS OF SUCH USERS
13 BEFORE GOVERNMENTAL AGENCIES AND SEEKING APPROPRIATE ADMINISTRATIVE,
14 LEGAL AND OTHER REMEDIES TO PROTECT THEIR WELFARE, SAFETY, HEALTH AND
15 RIGHTS.
16 (E) THE BOARD, IN CONSULTATION WITH THE DIRECTOR, SHALL ESTABLISH IN
17 REGULATIONS STANDARDS FOR THE OPERATION OF THE OFFICE.
18 4. REVIEW OF COMPLAINT. (A) UPON RECEIPT OF A COMPLAINT, THE DIRECTOR
19 SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS FOR AN
20 INVESTIGATION. TO THE MAXIMUM EXTENT POSSIBLE, ALL COMPLAINTS SHALL BE
21 RESOLVED WITHIN SIXTY DAYS OF THE RECEIPT OF THE COMPLAINT. SUCH INVES-
22 TIGATION SHALL BE CONDUCTED IN A MANNER PRESCRIBED IN REGULATIONS.
23 (B) THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY OF THE COMPLAINANT
24 THAT MADE A COMPLAINT TO THE OFFICE OF THE TRANSIT RIDERS ADVOCATE
25 UNLESS:
26 (I) THE COMPLAINANT OR HIS OR HER LEGAL REPRESENTATIVE GIVES WRITTEN
27 CONSENT TO THE OFFICE OF THE TRANSIT RIDERS ADVOCATE; OR
28 (II) PURSUANT TO A COURT ORDER.
29 5. REPORTING REQUIREMENTS. (A) THE DIRECTOR SHALL ANNUALLY SUBMIT TO
30 THE BOARD A REPORT AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC:
31 (I) DESCRIBING THE ACTIVITIES CARRIED OUT BY THE OFFICE DURING THE
32 PRIOR CALENDAR YEAR;
33 (II) CONTAINING AND ANALYZING DATA RELATING TO COMPLAINTS FOR THE
34 PURPOSE OF IDENTIFYING AND RESOLVING SIGNIFICANT PROBLEMS. THE REPORT
35 SHALL REPORT SEPARATELY ON DATA RELATING TO COMPLAINTS MADE BY RIDERS
36 AND USERS OF THE AUTHORITY'S PARATRANSIT SERVICES;
37 (III) EVALUATING THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS MADE
38 BY OR ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS;
39 (IV) CONTAINING RECOMMENDATIONS, AFTER CONSULTATION WITH THE PERMANENT
40 CITIZENS ADVISORY COMMITTEE, FOR:
41 (A) PROTECTING THE HEALTH, SAFETY AND WELFARE AND RIGHTS OF THE MASS
42 TRANSIT AND PARATRANSIT USERS; AND
43 (B) APPROPRIATE STATE LEGISLATION, RULES AND REGULATIONS AND OTHER
44 ACTION TO IMPROVE THE QUALITY OF SERVICES TO THE MASS TRANSIT AND PARA-
45 TRANSIT USERS; AND
46 (V) ANY OTHER MATTERS AS THE DIRECTOR DETERMINES TO BE APPROPRIATE.
47 (B) THE INFORMATION CONTAINED IN SUCH REPORT SHALL BE INCLUDED IN THE
48 ANNUAL REPORT REQUIRED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THIS
49 CHAPTER.
50 (C) WITHIN SIXTY DAYS OF THE SUBMISSION OF THE REPORT, THE DIRECTOR
51 SHALL CONDUCT AT LEAST ONE PUBLIC MEETING IN EACH OF THE FIVE BOROUGHS
52 OF THE CITY OF NEW YORK TO REPORT ON, EXPLAIN AND DISCUSS THE DATA AND
53 INFORMATION CONTAINED IN SUCH REPORT.
54 6. PUBLIC OUTREACH. (A) THE AUTHORITY SHALL ENSURE THAT THE MASS TRAN-
55 SIT USERS OF THE FACILITIES OF THE AUTHORITY AND THE GENERAL PUBLIC ARE
A. 7399 3
1 FULLY INFORMED AND MADE AWARE OF THE OFFICE OF THE TRANSIT RIDERS ADVO-
2 CATE AND THE COMPLAINT PROCESS, INCLUDING BUT NOT LIMITED TO:
3 (I) ESTABLISHING AN EASILY IDENTIFIABLE AND PROMINENTLY DISPLAYED LINK
4 ON THE AUTHORITY'S WEBSITE;
5 (II) ESTABLISHING A TOLL-FREE NUMBER FOR COMPLAINTS; AND
6 (III) DISPLAYING PROMINENTLY THE EXISTENCE OF THE OFFICE AND THE
7 TOLL-FREE NUMBER ON BUSES, TRAINS, SUBWAYS AND STATIONS OPERATED BY THE
8 AUTHORITY.
9 (B) SUCH INFORMATION SHALL BE SET FORTH IN ENGLISH AND SUCH OTHER
10 LANGUAGES AS THE AUTHORITY DEEMS NECESSARY AND APPROPRIATE.
11 S 2. The metropolitan transportation authority shall, to the maximum
12 extent possible, resolve all complaints described in subdivision 2 of
13 section 1279-d of the public authorities law received by it prior to the
14 effective date of this act within 60 days after the effective date of
15 this act. Any unresolved complaints remaining with such authority on
16 such date shall be transferred, along with any documents and records
17 related thereto, to the office of the transit riders advocate estab-
18 lished by section 1279-d of the public authorities law for resolution.
19 S 3. The appointment of the director authorized by paragraph (a) of
20 subdivision 3 of section 1279-d of the public authorities law shall be
21 made on or before the effective date of this act.
22 S 4. This act shall take effect six months after it shall have become
23 a law.
