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

                                  6435

                            I N  S E N A T E

                             January 8, 2010
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

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:

  Section  1.  Paragraphs c and d of subdivision 2 of section 553 of the
executive law, paragraph c as amended and paragraph d as added by  chap-
ter  472 of the laws of 2007, are amended and a new paragraph e is added
to read as follows:
  c. on behalf of the board, initiate, intervene in, or  participate  in
any  proceedings  before  the  public  service commission, to the extent
authorized by sections twenty-four-a, seventy-one, eighty-four or  nine-
ty-six  of  the  public service law or any other applicable provision of
law, where he deems such initiation, intervention or participation to be
necessary or appropriate; [and]
  d. on behalf of the board  and  in  conjunction  with  the  office  of
airline  consumer  advocate,  initiate,  investigate, attempt to resolve
and, if  necessary,  refer  to  the  attorney  general  any  matters  or
complaints  received pursuant to article fourteen-A of the general busi-
ness law as provided in such article[.];
  E. ON BEHALF OF THE BOARD AND IN CONJUNCTION WITH THE  OFFICE  OF  THE
RAILROAD  CONSUMER  ADVOCATE,  INITIATE, INVESTIGATE, ATTEMPT TO RESOLVE
AND, IF  NECESSARY,  REFER  TO  THE  ATTORNEY  GENERAL  ANY  MATTERS  OR
COMPLAINTS  RECEIVED PURSUANT TO ARTICLE FOURTEEN-B OF THE GENERAL BUSI-
NESS LAW AS PROVIDED IN SUCH ARTICLE; AND
  S 2. The general business law is amended by adding a new article  14-B
to read as follows:
                              ARTICLE 14-B
                        RAILROAD PASSENGER RIGHTS
SECTION 251-N. DEFINITIONS.
        251-O. CONSUMER BILL OF RIGHTS REGARDING RAILROAD PASSENGERS.
        251-P. OFFICE OF THE RAILROAD CONSUMER ADVOCATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15337-02-0

S. 6435                             2

        251-Q. LIMITATIONS ON APPLICABILITY OF ARTICLE.
        251-R. SEVERABILITY.
  S 251-N. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "CARRIER"  MEANS  ANY  PARTNERSHIP,  CORPORATION OR OTHER BUSINESS
ENTITY REGULATED  BY  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  THAT
CONDUCTS SCHEDULED PASSENGER RAIL TRANSPORTATION.
  2. "TRAIN" MEANS ANY CONTRIVANCE FOR PASSENGER TRAVEL BY RAIL.
  3.  "RAILROAD STATION" MEANS ANY FACILITY USED BY TRAINS FOR RECEIVING
OR DISCHARGING PASSENGERS.
  4. "BOARD" MEANS THE  CONSUMER  PROTECTION  BOARD  AS  ESTABLISHED  IN
SECTION FIVE HUNDRED FIFTY OF THE EXECUTIVE LAW.
  S  251-O.  CONSUMER  BILL  OF RIGHTS REGARDING RAILROAD PASSENGERS. 1.
WHENEVER RAILROAD PASSENGERS HAVE BOARDED A TRAIN AND ARE  DELAYED  MORE
THAN  THREE  HOURS  ON  THE  TRAIN PRIOR TO DEPARTURE, THE CARRIER SHALL
ENSURE THAT PASSENGERS ARE PROVIDED AS NEEDED WITH:
  (A) ELECTRIC GENERATION SERVICE TO PROVIDE TEMPORARY POWER  FOR  FRESH
AIR AND LIGHTS;
  (B)  WASTE  REMOVAL  SERVICE IN ORDER TO SERVICE THE HOLDING TANKS FOR
ON-BOARD RESTROOMS; AND
  (C) ADEQUATE FOOD AND DRINKING WATER AND OTHER REFRESHMENTS.
  2. ALL CARRIERS SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE ON CONSUMER
COMPLAINT CONTACT INFORMATION BY PROVIDING FORMS AND/OR CAUSING SIGNS TO
BE POSTED AT ALL SERVICE DESKS AND OTHER APPROPRIATE AREAS AS  NECESSARY
IN  THEIR  RESPECTIVE  AREAS  IN  A RAILROAD STATION WHICH SHALL CONTAIN
INFORMATION IN SUCH FORM AND MANNER AS THE  RAILROAD  CONSUMER  ADVOCATE
SHALL PRESCRIBE, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
  (A)  A TELEPHONE NUMBER AND MAILING ADDRESS OF THE OFFICE OF THE RAIL-
ROAD CONSUMER ADVOCATE AND THE FEDERAL RAILROAD ADMINISTRATION;
  (B) EXPLANATIONS OF THE RIGHTS OF RAILROAD PASSENGERS; AND
  (C) BASIC INFORMATION ON THE OFFICE OF THE RAILROAD CONSUMER ADVOCATE.
  S 251-P. OFFICE OF THE RAILROAD CONSUMER ADVOCATE. 1. THERE  SHALL  BE
IN  THE  BOARD  AN OFFICE TO BE KNOWN AS THE OFFICE OF RAILROAD CONSUMER
ADVOCATE. THE EXECUTIVE DIRECTOR OF THE BOARD  SHALL  DESIGNATE  ONE  OR
MORE EMPLOYEES OF THE BOARD TO SERVE IN SUCH OFFICE.
  2.  (A)  THE  OFFICE  OF THE RAILROAD CONSUMER ADVOCATE SHALL HAVE THE
FOLLOWING FUNCTIONS, POWERS, AND DUTIES:
  (I) TO ASSIST CUSTOMERS IN RESOLVING PROBLEMS WITH RAILROAD CARRIERS;
  (II) TO IDENTIFY AREAS IN WHICH CUSTOMERS HAVE  PROBLEMS  IN  DEALINGS
WITH CARRIERS;
  (III)  TO PROPOSE SOLUTIONS, INCLUDING ADMINISTRATIVE CHANGES TO PRAC-
TICES AND PROCEDURES OF THE CARRIER OR RAILROAD STATION;
  (IV) TO PRESERVE AND PROMOTE THE RIGHTS OF THE CUSTOMER;
  (V) TO PROMOTE OPEN AND DIRECT COMMUNICATIONS; AND
  (VI) IN CONJUNCTION WITH OTHER APPROPRIATE  STAFF  OF  THE  BOARD,  TO
INITIATE, INVESTIGATE, ATTEMPT TO RESOLVE, AND IF NECESSARY REFER TO THE
ATTORNEY  GENERAL  ANY  MATTERS  OR COMPLAINTS RECEIVED PURSUANT TO THIS
ARTICLE.
  (B) ANY COMPLAINTS REGARDING VIOLATIONS OF SECTION TWO HUNDRED  FIFTY-
ONE-O  OF  THIS  ARTICLE  SHALL BE FILED WITH THE OFFICE OF THE RAILROAD
CONSUMER ADVOCATE WHO MAY, ON BEHALF OF THE  BOARD  AND  IN  CONJUNCTION
WITH  OTHER STAFF OF THE BOARD, CONDUCT AN INVESTIGATION AND MAY REQUEST
IN WRITING THE PRODUCTION OF DOCUMENTS AND RECORDS AS PART OF ITS INVES-
TIGATION. IF THE PERSON UPON WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE
THE DOCUMENTS OR RECORDS WITHIN  THIRTY  DAYS  AFTER  THE  DATE  OF  THE
REQUEST,  THE  BOARD  MAY  ISSUE  AND  SERVE  SUBPOENAS  TO  COMPEL  THE
PRODUCTION OF SUCH DOCUMENTS AND RECORDS.  IF ANY PERSON SHALL REFUSE TO

S. 6435                             3

COMPLY WITH A SUBPOENA ISSUED UNDER THIS SECTION, THE BOARD MAY PETITION
A COURT OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA AND SUCH SANC-
TIONS AS THE COURT MAY DIRECT.   AFTER COMPLETION OF  AN  INVESTIGATION,
THE  BOARD  SHALL EITHER: (I) DISMISS THE COMPLAINT FOLLOWING A DETERMI-
NATION THAT NO VIOLATION OCCURRED; OR (II) DETERMINE  THAT  A  VIOLATION
HAS  LIKELY  OCCURRED AND, IF SO, SHALL ATTEMPT TO RESOLVE THE MATTER BY
SETTLEMENT, WHICH MAY INCLUDE A MONETARY SETTLEMENT TO COVER  THE  ORDI-
NARY  COSTS  AND  EXPENSES  INCURRED  BY  THE BOARD. IF NO SETTLEMENT IS
ACHIEVED, THEN THE MATTER SHALL BE REFERRED TO THE ATTORNEY GENERAL  FOR
FURTHER PROCEEDINGS, INCLUDING, IF NECESSARY, LEGAL ACTION.
  (C)  ANY  RECORDS, DOCUMENTS, PAPERS, MAPS, BOOKS, TAPES, PHOTOGRAPHS,
FILES, SOUND RECORDINGS OR OTHER BUSINESS MATERIAL, REGARDLESS  OF  FORM
OR  CHARACTERISTICS, OBTAINED BY THE BOARD PURSUANT TO SUBPOENA SHALL BE
CONFIDENTIAL.
  (D) THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO RECOVER A CIVIL PENAL-
TY NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION; PROVIDED,  HOWEVER,
THAT  FOR  A  VIOLATION  OF  SUBDIVISION  ONE  OF  SECTION  TWO  HUNDRED
FIFTY-ONE-O OF THIS ARTICLE THE CIVIL PENALTY SHALL NOT EXCEED ONE THOU-
SAND DOLLARS PER PASSENGER. ANY SUCH PENALTY SHALL TAKE  INTO  CONSIDER-
ATION ANY COMPENSATION PAID OR OFFERED BY THE CARRIER TO PASSENGERS. THE
CIVIL  PENALTY  IMPOSED  PURSUANT  TO  THIS PARAGRAPH MAY BE SOUGHT IN A
CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL IN ANY COURT  OF  COMPETENT
JURISDICTION.  IF  THE  ATTORNEY GENERAL PREVAILS IN A CIVIL ACTION, THE
COURT MAY AWARD THE ATTORNEY GENERAL REASONABLE ATTORNEYS' FEES, AND  AN
AMOUNT  EQUAL  TO THE ORDINARY COSTS AND EXPENSES INCURRED BY THE BOARD,
AS IT DEEMS APPROPRIATE. IF THE ATTORNEY GENERAL REACHES  A  SETTLEMENT,
THIS  SETTLEMENT SHALL INCLUDE AN AMOUNT EQUAL TO THE ORDINARY COSTS AND
EXPENSES INCURRED BY THE BOARD. UPON THE RECEIPT OF ANY AWARD OR SETTLE-
MENT TO THE ATTORNEY GENERAL OF THE ORDINARY COSTS AND EXPENSES INCURRED
BY THE BOARD, THE ATTORNEY GENERAL SHALL DELIVER SUCH AMOUNT IMMEDIATELY
TO THE BOARD.   "ORDINARY COSTS  AND  EXPENSES"  SHALL  MEAN  COSTS  AND
EXPENSES  INCURRED  BY  THE  BOARD  AS A CONSEQUENCE OF INVESTIGATION OF
VIOLATIONS OF THIS ARTICLE.
  (E) THE ANNUAL REPORT PREPARED BY THE BOARD PURSUANT TO PARAGRAPH C OF
SUBDIVISION ONE OF SECTION FIVE HUNDRED FIFTY-THREE OF THE EXECUTIVE LAW
SHALL INCLUDE A SUMMARY OF THE ACTIVITIES OF THE OFFICE OF THE  RAILROAD
CONSUMER ADVOCATE. SUCH REPORT SHALL CONTAIN FULL AND SUBSTANTIVE ANALY-
SIS, IN ADDITION TO STATISTICAL INFORMATION, AND SHALL:
  (I)  IDENTIFY THE INITIATIVES THE OFFICE OF RAILROAD CONSUMER ADVOCATE
HAS TAKEN TO IMPROVE RAILROAD SERVICES;
  (II) CONTAIN A SUMMARY OF THE MOST  SERIOUS  PROBLEMS  ENCOUNTERED  BY
CUSTOMERS, INCLUDING A DESCRIPTION OF THE NATURE OF SUCH PROBLEMS;
  (III) CONTAIN AN INVENTORY OF THE ITEMS DESCRIBED IN SUBPARAGRAPHS (I)
AND  (II)  OF  THIS  PARAGRAPH  FOR  WHICH ACTION HAS BEEN TAKEN AND THE
STATUS AND RESULTS OF SUCH ACTIONS, AND AN INVENTORY OF ITEMS FOR  WHICH
NO ACTION HAS BEEN TAKEN, AND THE REASONS THEREFOR;
  (IV)  CONTAIN  RECOMMENDATIONS  FOR SUCH LEGISLATIVE OR ADMINISTRATIVE
PROPOSALS AS MAY BE  APPROPRIATE  TO  RESOLVE  PROBLEMS  ENCOUNTERED  BY
CUSTOMERS; AND
  (V)  INCLUDE  SUCH  OTHER  INFORMATION  AS  THE OFFICE OF THE RAILROAD
CONSUMER ADVOCATE AND THE BOARD MAY DEEM ADVISABLE.
  S 251-Q. LIMITATIONS ON APPLICABILITY  OF  ARTICLE.  NOTHING  IN  THIS
ARTICLE SHALL BE CONSTRUED AS REQUIRING ANY CARRIER, RAILROAD STATION OR
OTHER  ENTITY  TO TAKE ANY ACTION IN CONTRAVENTION OF ANY WRITTEN DIREC-
TIVE OF THE FEDERAL RAILROAD  ADMINISTRATION  OR  OTHER  FEDERAL  AGENCY
HAVING JURISDICTION OVER SUCH ENTITY.

S. 6435                             4

  S  251-R. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE BE ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION
TO  BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE
REMAINDER HEREOF BUT SHALL BE APPLIED IN ITS OPERATION  TO  THE  CLAUSE,
SENTENCE,  PARAGRAPH,  SECTION  OR  PART HEREOF DIRECTLY INVOLVED IN THE
CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
  S 3. This act shall take effect on the first of January next  succeed-
ing  the  date on which it shall have become a law; provided that effec-
tive immediately, the addition, amendment and/or repeal of any  rule  or
regulation necessary for the implementation of this act on its effective
date  is  authorized  and directed to be made and completed on or before
such effective date.