The New York State Senate

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

                                 2962--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 31, 2019
                               ___________

Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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. Subparagraphs 14 and 15 of paragraph (a) of  subdivision  3
of  section  94-a of the executive law, as added by section 21 of part A
of chapter 62 of the laws of 2011, are amended and a new subparagraph 16
is added to read as follows:
  (14) cooperate with and assist consumers in class  actions  in  proper
cases; [and]
  (15)  create  an internet website or webpage pursuant to section three
hundred ninety-c of the general business law[.]; AND
  (16) 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-A OF THE GENERAL BUSINESS LAW AS PROVIDED IN SUCH ARTI-
CLE.
  § 2. The general business law is amended by adding a new article  14-A
to read as follows:
                              ARTICLE 14-A
                        RAILROAD PASSENGER RIGHTS
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.

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

                                                           LBD08863-02-9

S. 2962--A                          2

  § 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. "DIVISION" MEANS THE CONSUMER PROTECTION DIVISION AS ESTABLISHED IN
SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW.
  § 251-O. CONSUMER BILL OF RIGHTS  REGARDING  RAILROAD  PASSENGERS.  1.
WHENEVER  RAILROAD  PASSENGERS HAVE BOARDED A TRAIN AND ARE DELAYED MORE
THAN THREE HOURS, THE CARRIER SHALL ENSURE THAT PASSENGERS ARE  PROVIDED
AS NEEDED WITH:
  (A)  ELECTRIC  GENERATION SERVICE TO PROVIDE TEMPORARY POWER FOR FRESH
AIR AND LIGHTS; AND
  (B) WASTE REMOVAL SERVICE IN ORDER TO SERVICE THE  HOLDING  TANKS  FOR
ON-BOARD RESTROOMS.
  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.
  §  251-P.  OFFICE OF THE RAILROAD CONSUMER ADVOCATE. 1. THERE SHALL BE
IN THE DIVISION AN OFFICE TO BE KNOWN AS THE OFFICE OF RAILROAD CONSUMER
ADVOCATE.  THE SECRETARY OF STATE MAY APPOINT SUCH STAFF FOR THE  OFFICE
AS NECESSARY AND PRESCRIBE THEIR DUTIES AND FIX THEIR COMPENSATION WITH-
IN THE APPROPRIATION PROVIDED BY LAW.
  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  THE  DIVISION,  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 DIVISION AND IN  CONJUNCTION
WITH  OTHER  STAFF  OF  THE  DIVISION,  CONDUCT AN INVESTIGATION AND MAY
REQUEST IN WRITING THE PRODUCTION OF DOCUMENTS AND RECORDS  AS  PART  OF
ITS  INVESTIGATION.  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 DIVISION 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 DIVISION MAY PETI-
TION  A COURT OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA AND SUCH
SANCTIONS AS THE COURT MAY DIRECT.   AFTER  COMPLETION  OF  AN  INVESTI-

S. 2962--A                          3

GATION, THE DIVISION SHALL EITHER: (I) DISMISS THE COMPLAINT FOLLOWING A
DETERMINATION  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 ORDINARY COSTS AND EXPENSES INCURRED BY THE DIVISION. IF NO  SETTLE-
MENT  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 DIVISION 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 THOUSAND
DOLLARS PER PASSENGER. ANY SUCH PENALTY SHALL  TAKE  INTO  CONSIDERATION
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  JURIS-
DICTION.  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 DIVISION, 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 DIVISION. UPON THE  RECEIPT  OF  ANY  AWARD  OR
SETTLEMENT  TO  THE  ATTORNEY GENERAL OF THE ORDINARY COSTS AND EXPENSES
INCURRED BY THE DIVISION, THE ATTORNEY GENERAL SHALL DELIVER SUCH AMOUNT
IMMEDIATELY TO THE DIVISION.  "ORDINARY COSTS AND EXPENSES"  SHALL  MEAN
COSTS AND EXPENSES INCURRED BY THE DIVISION AS A CONSEQUENCE OF INVESTI-
GATION OF VIOLATIONS OF THIS ARTICLE.
  (E)  THE  ANNUAL REPORT PREPARED BY THE SECRETARY OF STATE PURSUANT TO
SUBDIVISION FIVE OF SECTION NINETY-FOUR-A 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 SECRETARY OF STATE MAY DEEM ADVISABLE.
  §  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.
  § 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

S. 2962--A                          4

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.
  §  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.  Effective  immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.