NY State Senate Bill 2019-S2763

Senate Bill S2763

2019-2020 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
Jan 08, 2020	referred to transportation
Jan 29, 2019	referred to transportation

2019-S2763 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1279-e, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6832
2017-2018: S1888
2021-2022: S5787
2023-2024: S2639

2019-S2763 (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.

2019-S2763 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2763

SPONSOR: COMRIE
 
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-e to the public authori-
ties 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 submit-
ted 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 recommenda-
tions, 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 äanalyzing
the complaints filed with the MTA.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: Senate Bill 1888/Transportation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

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

2019-S2763 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2763
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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-e to read as follows:
   §  1279-E. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03794-01-9

 S. 2763                             2
 
   (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
 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;

 S. 2763                             3
 
   (II) ESTABLISHING A TOLL-FREE NUMBER FOR COMPLAINTS; AND
   (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.
   §  2.  The metropolitan transportation authority shall, to the maximum
 extent possible, resolve all complaints described in  subdivision  2  of
 section 1279-e 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-e of the public authorities law for resolution.
   §  3.  The  appointment of the director authorized by paragraph (a) of
 subdivision 3 of section 1279-e of the public authorities law  shall  be
 made on or before the effective date of this act.
   §  4. This act shall take effect six months after it shall have become
 a law.

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