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
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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:
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06972-01-1
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SECTION 251-N. DEFINITIONS.
251-O. CONSUMER BILL OF RIGHTS REGARDING RAILROAD PASSENGERS.
251-P. OFFICE OF THE RAILROAD CONSUMER ADVOCATE.
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
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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
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
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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 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.