NY State Senate Bill 2015-S6832

Senate Bill S6832

2015-2016 Legislative Session

Establishes an office of the transit riders advocate to receive and resolve complaints affecting mass transit users of facilities of the metropolitan transportation authority

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2016	referred to transportation

2015-S6832 (ACTIVE) - Details

See Assembly Version of this Bill:: A7399
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1279-d, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A5109
2017-2018: S1888, A3336
2019-2020: S2763
2021-2022: S5787
2023-2024: S2639

2015-S6832 (ACTIVE) - Summary

Establishes an office of the transit riders advocate to receive and resolve complaints affecting mass transit users of facilities of the metropolitan transportation authority.

2015-S6832 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6832

 TITLE OF BILL :

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 facilities of the metropolitan transportation authority

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require the MTA to establish an office of transit
riders advocate to accept, investigate, resolve and report on
complaints made by mass transit riders.

 SUMMARY OF PROVISIONS :

Section one of the bill adds a new section 1279-d to the public
authorities law to require the MTA to establish an office of transit
riders advocate. The purpose of the office is to investigate and
resolve complaints made by mass transit and paratransit riders of the
MTA. A full-time director shall be appointed from a list of candidates
submitted by the Permanent Citizens Advisory Committee.

The bill requires complaints to be resolved, to the maximum extent
possible, within 60 days of their receipt.

The director of the office shall submit an annual report to the MTA
board describing the activities performed by the office, evaluating
and analyzing data generated from the complaints, and making
recommendations, based on the complaints, on how to improve service.
Within 60 days of the issuance of the report, the director shall
conduct one public meeting in each borough to discuss its findings.

Section two requires the MTA to resolve all pending complaints within
60 days of the effective date of this Act. Any unresolved complaints
will be transferred to the new office of transit riders advocate.

Section three provides that the director of the new office can be
appointed on or before the effective date of this Act.

Section four provides that the act shall take effect six months after
it becomes law.

 JUSTIFICATION :

The MTA is a public corporation created to provide a vital and
essential service to millions of commuters and travelers. As such, it
has a public responsibility to provide a simple and direct process to
hear from its customers.

This bill would require the MTA to establish an office dedicated to
receiving, investigating and resolving rider complaints. The bill
would also require the MTA to prepare a report breaking down and
analyzing the complaints filed with the MTA.

 PRIOR LEGISLATIVE HISTORY :

2015-16: New Senate Bill / A.7399 (Kim) - reported by Corporations and
Codes to WAM
2013-14: A.5109-A (Brennan) - reported by Corporations and Codes to
WAM
2012: A.9279 (Brennan) - reported by Corporations and WAM

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect six months after it becomes law.

2015-S6832 (ACTIVE) - Bill Text download pdf

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

                                  6832

                            I N  S E N A T E

                            February 26, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

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:

  Section 1.  The public authorities law is  amended  by  adding  a  new
section 1279-d to read as follows:
  S  1279-D. OFFICE OF THE TRANSIT RIDERS ADVOCATE. 1.  DEFINITIONS. FOR
THE PURPOSES OF THIS SECTION, THE TERM "EXECUTIVE DIRECTOR"  SHALL  MEAN
THE  INDIVIDUAL APPOINTED TO SERVE AS THE CHIEF EXECUTIVE OFFICER OF THE
AUTHORITY PURSUANT TO SUBDIVISION FOUR OF SECTION TWELVE HUNDRED  SIXTY-
THREE OF THIS TITLE.
  2. OFFICE ESTABLISHED. THERE IS HEREBY ESTABLISHED WITHIN THE AUTHORI-
TY AN OFFICE OF THE TRANSIT RIDERS ADVOCATE FOR THE PURPOSE OF RECEIVING
AND  RESOLVING COMPLAINTS AFFECTING MASS TRANSIT USERS OF THE FACILITIES
OF THE AUTHORITY AND, WHERE APPROPRIATE, REFERRING COMPLAINTS TO  APPRO-
PRIATE INVESTIGATORY AGENCIES AND ACTING IN CONCERT WITH SUCH AGENCIES.
  3.  DIRECTOR.  (A)  THE  EXECUTIVE  DIRECTOR SHALL APPOINT A FULL-TIME
DIRECTOR TO ADMINISTER AND SUPERVISE THE OFFICE FROM A  LIST  OF  CANDI-
DATES SUBMITTED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE. THE DIREC-
TOR SHALL REPORT DIRECTLY TO THE EXECUTIVE DIRECTOR.
  (B)  THE DIRECTOR SHALL BE SELECTED FROM AMONG INDIVIDUALS WITH EXPER-
TISE AND EXPERIENCE IN THE FIELD OF ADVOCACY, AND WITH OTHER  QUALIFICA-
TIONS  DETERMINED  BY  THE  PERMANENT  CITIZENS ADVISORY COMMITTEE TO BE
APPROPRIATE FOR THE POSITION.
  (C) THE DIRECTOR SHALL BE AUTHORIZED TO  EMPLOY  QUALIFIED  STAFF  AND
OTHER  EMPLOYEES  AS MAY BE REQUIRED TO PERFORM THE DUTIES AND RESPONSI-
BILITIES OF THE OFFICE.
  (D) THE DIRECTOR SHALL:
  (I) IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY,  OR
ON  BEHALF  OF,  MASS TRANSIT AND PARATRANSIT USERS OF THE FACILITIES OF

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

                                                           LBD01334-02-5

S. 6832                             2

THE AUTHORITY AND THAT RELATE TO ACTIONS, INACTIONS  OR  DECISIONS  THAT
MAY  ADVERSELY  AFFECT  THE HEALTH, SAFETY AND WELFARE OR RIGHTS OF SUCH
USERS; AND
  (II) PROVIDE INFORMATION AND SERVICES TO ASSIST MASS TRANSIT AND PARA-
TRANSIT  USERS  IN  PROTECTING THEIR HEALTH, SAFETY, WELFARE AND RIGHTS,
INCLUDING BUT NOT LIMITED TO REPRESENTING THE INTERESTS  OF  SUCH  USERS
BEFORE  GOVERNMENTAL  AGENCIES  AND  SEEKING APPROPRIATE ADMINISTRATIVE,
LEGAL AND OTHER REMEDIES TO PROTECT THEIR WELFARE,  SAFETY,  HEALTH  AND
RIGHTS.
  (E)  THE  BOARD, IN CONSULTATION WITH THE DIRECTOR, SHALL ESTABLISH IN
REGULATIONS STANDARDS FOR THE OPERATION OF THE OFFICE.
  4. REVIEW OF COMPLAINT. (A) UPON RECEIPT OF A COMPLAINT, THE  DIRECTOR
SHALL  DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS FOR AN
INVESTIGATION. TO THE MAXIMUM EXTENT POSSIBLE, ALL COMPLAINTS  SHALL  BE
RESOLVED  WITHIN SIXTY DAYS OF THE RECEIPT OF THE COMPLAINT. SUCH INVES-
TIGATION SHALL BE CONDUCTED IN A MANNER PRESCRIBED IN REGULATIONS.
  (B) THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY  OF  THE  COMPLAINANT
THAT  MADE  A  COMPLAINT  TO  THE  OFFICE OF THE TRANSIT RIDERS ADVOCATE
UNLESS:
  (I) THE COMPLAINANT OR HIS OR HER LEGAL REPRESENTATIVE  GIVES  WRITTEN
CONSENT TO THE OFFICE OF THE TRANSIT RIDERS ADVOCATE; OR
  (II) PURSUANT TO A COURT ORDER.
  5.  REPORTING  REQUIREMENTS. (A) THE DIRECTOR SHALL ANNUALLY SUBMIT TO
THE BOARD A REPORT AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC:
  (I) DESCRIBING THE ACTIVITIES CARRIED OUT BY  THE  OFFICE  DURING  THE
PRIOR CALENDAR YEAR;
  (II)  CONTAINING  AND  ANALYZING  DATA  RELATING TO COMPLAINTS FOR THE
PURPOSE OF IDENTIFYING AND RESOLVING SIGNIFICANT  PROBLEMS.  THE  REPORT
SHALL  REPORT  SEPARATELY  ON DATA RELATING TO COMPLAINTS MADE BY RIDERS
AND USERS OF THE AUTHORITY'S PARATRANSIT SERVICES;
  (III) EVALUATING THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS  MADE
BY OR ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS;
  (IV) CONTAINING RECOMMENDATIONS, AFTER CONSULTATION WITH THE PERMANENT
CITIZENS ADVISORY COMMITTEE, FOR:
  (A)  PROTECTING  THE HEALTH, SAFETY AND WELFARE AND RIGHTS OF THE MASS
TRANSIT AND PARATRANSIT USERS; AND
  (B) APPROPRIATE STATE LEGISLATION, RULES  AND  REGULATIONS  AND  OTHER
ACTION  TO IMPROVE THE QUALITY OF SERVICES TO THE MASS TRANSIT AND PARA-
TRANSIT USERS; AND
  (V) ANY OTHER MATTERS AS THE DIRECTOR DETERMINES TO BE APPROPRIATE.
  (B) THE INFORMATION CONTAINED IN SUCH REPORT SHALL BE INCLUDED IN  THE
ANNUAL  REPORT REQUIRED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THIS
CHAPTER.
  (C) WITHIN SIXTY DAYS OF THE SUBMISSION OF THE  REPORT,  THE  DIRECTOR
SHALL  CONDUCT  AT LEAST ONE PUBLIC MEETING IN EACH OF THE FIVE BOROUGHS
OF THE CITY OF NEW YORK TO REPORT ON, EXPLAIN AND DISCUSS THE  DATA  AND
INFORMATION CONTAINED IN SUCH REPORT.
  6. PUBLIC OUTREACH. (A) THE AUTHORITY SHALL ENSURE THAT THE MASS TRAN-
SIT  USERS OF THE FACILITIES OF THE AUTHORITY AND THE GENERAL PUBLIC ARE
FULLY INFORMED AND MADE AWARE OF THE OFFICE OF THE TRANSIT RIDERS  ADVO-
CATE AND THE COMPLAINT PROCESS, INCLUDING BUT NOT LIMITED TO:
  (I) ESTABLISHING AN EASILY IDENTIFIABLE AND PROMINENTLY DISPLAYED LINK
ON THE AUTHORITY'S WEBSITE;
  (II) ESTABLISHING A TOLL-FREE NUMBER FOR COMPLAINTS; AND

S. 6832                             3

  (III)  DISPLAYING  PROMINENTLY  THE  EXISTENCE  OF  THE OFFICE AND THE
TOLL-FREE NUMBER ON BUSES, TRAINS, SUBWAYS AND STATIONS OPERATED BY  THE
AUTHORITY.
  (B)  SUCH  INFORMATION  SHALL  BE  SET FORTH IN ENGLISH AND SUCH OTHER
LANGUAGES AS THE AUTHORITY DEEMS NECESSARY AND APPROPRIATE.
  S 2. The metropolitan transportation authority shall, to  the  maximum
extent  possible,  resolve  all complaints described in subdivision 2 of
section 1279-d of the public authorities law received by it prior to the
effective date of this act within 60 days after the  effective  date  of
this  act.    Any unresolved complaints remaining with such authority on
such date shall be transferred, along with  any  documents  and  records
related  thereto,  to  the  office of the transit riders advocate estab-
lished by section 1279-d of the public authorities law for resolution.
  S 3. The appointment of the director authorized by  paragraph  (a)  of
subdivision  3  of section 1279-d of the public authorities law shall be
made on or before the effective date of this act.
  S 4. This act shall take effect six months after it shall have  become
a law.

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