Bill Text: NY A06168 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the appointment of a transit dependent and para-transit dependent representative on the Niagara Frontier transportation authority.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-08 - referred to corporations, authorities and commissions [A06168 Detail]
Download: New_York-2019-A06168-Introduced.html
Bill Title: Requires the appointment of a transit dependent and para-transit dependent representative on the Niagara Frontier transportation authority.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-08 - referred to corporations, authorities and commissions [A06168 Detail]
Download: New_York-2019-A06168-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6168 2019-2020 Regular Sessions IN ASSEMBLY February 28, 2019 ___________ Introduced by M. of A. RYAN -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to various transportation authorities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1299-a of the public authorities law is amended by 2 adding two new subdivisions 18 and 19 to read as follows: 3 18. "Transit dependent" shall mean an individual who is limited to 4 public transit as their primary mode of transportation because the indi- 5 vidual, (a) has no means of private transportation; (b) is elderly (over 6 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 7 or median income levels as defined by the U.S. Census Bureau. 8 19. "Para-transit dependent" shall mean an individual who is limited 9 to public transit as their primary mode of transportation and who has 10 either a permanent or temporary disability. 11 § 2. Subdivision 1 of section 1299-c of the public authorities law, as 12 amended by chapter 220 of the laws of 2012, paragraph (b) as amended by 13 chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter 14 176 of the laws of 2012, is amended to read as follows: 15 1. (a) There is hereby created the "Niagara Frontier transportation 16 authority." The authority shall be a body corporate and politic consti- 17 tuting a public benefit corporation. The authority shall consist of a 18 chairman, [ten] not more than twelve other members and shall have two 19 non-voting members as described in paragraphs (b) and (c) of this subdi- 20 vision appointed by the governor by and with the advice and consent of 21 the senate. The chairman and all members shall be residents of the 22 district. Of the [ten] members other than the chairman, one shall be 23 appointed upon the written recommendation of the Erie county executive 24 [and], one shall be appointed upon the written recommendation of the 25 Erie county legislature, at least one shall be appointed as a represen- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03819-01-9A. 6168 2 1 tative of the transit dependent community and at least one shall be 2 appointed as a representative of the para-transit dependent community, 3 as described in paragraph (d) of this subdivision. The chairman and 4 each of the members shall be appointed for a term of eight years, 5 provided however, that the chairman first appointed shall serve for a 6 term ending June thirtieth, nineteen hundred seventy-three, and of the 7 eight other members first appointed, one shall serve for a term ending 8 June thirtieth, nineteen hundred sixty-eight, two shall serve for a term 9 ending June thirtieth, nineteen hundred sixty-nine, one shall serve for 10 a term ending June thirtieth, nineteen hundred seventy, two shall serve 11 for a term ending June thirtieth, nineteen hundred seventy-one, one 12 shall serve for a term ending June thirtieth, nineteen hundred seventy- 13 two and one shall serve for a term ending June thirtieth, nineteen 14 hundred seventy-three. The term of one of the members appointed to 15 memberships first created by law after April first, nineteen hundred 16 sixty-nine shall end on June thirtieth, nineteen hundred seventy-four, 17 and the term of the other such member shall end on June thirtieth, nine- 18 teen hundred seventy-five. Following the expiration of any term ending 19 on or after June thirtieth, nineteen hundred eighty-seven, each member 20 shall be appointed for a term of five years beginning on the day after 21 the expiration date of such prior term; provided, however, that the term 22 of the member first appointed upon the written recommendation of the 23 Erie county executive and the term of the member first appointed upon 24 the written recommendation of the Erie county legislature shall be for a 25 term ending on June thirtieth, nineteen hundred ninety-six. 26 (b) The first non-voting member of the authority who shall not be 27 considered in determining a quorum, shall be recommended to the governor 28 by the labor organization representing the plurality of the employees 29 within the authority and shall be a resident of the Niagara Frontier 30 transportation district as described in section twelve hundred ninety- 31 nine-b of this title. Such first non-voting member shall be appointed 32 for a term of five years, provided, however, that if at any time during 33 the term of appointment such non-voting member ceases to be affiliated 34 with the labor organization representing the plurality of employees 35 within the authority, then such labor organization may at any time 36 during such term recommend a new member to the governor who shall serve 37 the remainder of the term. If the local bargaining unit decertifies its 38 existing union affiliation and certifies a new union, the union which 39 represents the plurality of the employees may recommend a new member to 40 the governor who shall serve the remainder of the term. The chairman of 41 the authority, at his or her discretion, may exclude such non-voting 42 member from attending any portion of a meeting of the authority or of 43 any committee held for the purpose of discussing negotiations with labor 44 organizations, pending litigation involving the labor organization, or 45 the investigation, evaluation, or discipline of an employee. 46 (c) There shall also be a second non-voting member of the authority, 47 who shall not be considered in determining a quorum. The second non-vot- 48 ing member shall be appointed by the governor as a representative of the 49 transit dependent community and/or people with disabilities. The second 50 non-voting member shall be appointed for a term of five years. 51 (d) There shall be at least two members of the authority appointed by 52 the governor as representatives of the transit dependent and para-tran- 53 sit dependent community. The governor shall make initial appointments to 54 the authority in such number and from lists submitted as follows: at 55 least two members shall be appointed to the authority from a list of not 56 less than four names, submitted to the governor by local and statewideA. 6168 3 1 transit advocacy organizations. The members shall be residents of a 2 county described in paragraph (a) of this subdivision. The members 3 shall be appointed for a term of five years. If a vacancy shall occur 4 for these member positions, a replacement shall be appointed within six 5 months. 6 § 3. Section 1299-bb of the public authorities law is amended by 7 adding two new subdivisions 25 and 26 to read as follows: 8 25. "Transit dependent" shall mean an individual who is limited to 9 public transit as their primary mode of transportation because the indi- 10 vidual, (a) has no means of private transportation; (b) is elderly (over 11 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 12 or median income levels as defined by the U.S. Census Bureau. 13 26. "Para-transit dependent" shall mean an individual who is limited 14 to public transit as their primary mode of transportation and who has 15 either a permanent or temporary disability. 16 § 4. Subdivision 1 of section 1299-dd of the public authorities law, 17 as amended by chapter 388 of the laws of 2007, is amended to read as 18 follows: 19 1. (a) There is hereby created the Rochester-Genesee regional trans- 20 portation authority. The authority shall be a body corporate and politic 21 constituting a public benefit corporation. It shall consist of at least 22 one member from each county that elects to join the authority except 23 that the county of Monroe shall have seven members of whom three shall 24 be appointed from the city of Rochester and four at large from the coun- 25 ty of Monroe and shall have one non-voting member as described in para- 26 graph (b) of this subdivision, at least one shall be appointed as a 27 representative of the transit dependent community and at least one shall 28 be appointed as a representative of the para-transit dependent communi- 29 ty, as described in paragraph (c) of this subdivision. The members 30 shall be appointed by the governor by and with the advice and consent of 31 the senate. The governor shall make initial appointments to the authori- 32 ty in such number and from lists submitted as follows: three members 33 shall be appointed to the authority from a list of not less than six 34 names, all of whom must be residents of the city of Rochester, submitted 35 to the governor by the council of the city of Rochester; four persons 36 from a list of not less than eight persons, all of whom must be resi- 37 dents of the county of Monroe submitted by the legislature of the county 38 of Monroe. Other counties electing to participate shall each submit to 39 the governor a list of not less than two persons for each one hundred 40 thousand or major fraction of the total population, as determined by the 41 last federal decennial or federal county-wide special census. From the 42 counties outside the county of Monroe which shall elect to participate, 43 the governor shall appoint one member for each one hundred thousand or 44 major fraction of the total population, as determined by the last feder- 45 al decennial or federal county-wide special census, with a minimum of 46 one member to represent each county outside the county of Monroe so 47 electing to participate. All members of the authority shall be residents 48 of the area from which they are nominated. 49 (b) There shall also be one non-voting member of the authority, which 50 shall not be considered in determining a quorum. The non-voting member 51 shall be recommended to the governor by the labor organization repres- 52 enting the plurality of the employees within the authority and shall be 53 a resident of the Rochester-Genesee regional transportation district as 54 described in section twelve hundred ninety-nine-cc of this title. The 55 non-voting member shall be appointed for a term of five years, provided, 56 however, that if at any time during the term of appointment the non-vot-A. 6168 4 1 ing member ceases to be affiliated with the labor organization repres- 2 enting the plurality of employees within the authority, then such labor 3 organization may at any time during such term recommend a new member to 4 the governor who shall serve the remainder of the term. If the local 5 bargaining unit decertifies its existing union affiliation and certifies 6 a new union, the union which represents the plurality of the employees 7 may recommend a new member to the governor who shall serve the remainder 8 of the term. The chairman of the authority, at his or her discretion, 9 may exclude such non-voting member from attending any portion of a meet- 10 ing of the authority or of any committee held for the purpose of 11 discussing negotiations with labor organizations, pending litigation 12 involving the labor organization, or the investigation, evaluation, or 13 discipline of an employee. 14 (c) There shall be at least two members of the authority appointed by 15 the governor as representatives of the transit dependent and para-tran- 16 sit dependent community. The governor shall make initial appointments to 17 the authority in such number and from lists submitted as follows: at 18 least two members shall be appointed to the authority from a list of not 19 less than four names, submitted to the governor by local and statewide 20 transit advocacy organizations. The members shall be residents of a 21 county described in paragraph (a) of this subdivision. The members 22 shall be appointed for a term of five years. If a vacancy shall occur 23 for these member positions, a replacement shall be appointed within six 24 months. 25 § 5. Section 1301 of the public authorities law is amended by adding 26 two new subdivisions 26 and 27 to read as follows: 27 26. "Transit dependent" shall mean an individual who is limited to 28 public transit as their primary mode of transportation because the indi- 29 vidual, (a) has no means of private transportation; (b) is elderly (over 30 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 31 or median income levels as defined by the U.S. Census Bureau. 32 27. "Para-transit dependent" shall mean an individual who is limited 33 to public transit as their primary mode of transportation and who has 34 either a permanent or temporary disability. 35 § 6. Subdivision 1 of section 1303 of the public authorities law, as 36 amended by chapter 388 of the laws of 2007, is amended to read as 37 follows: 38 1. (a) There is hereby created the Capital District transportation 39 authority. The authority shall be a body corporate and politic consti- 40 tuting a public benefit corporation. It shall consist of not less than 41 eight nor more than fifteen members, including a chairman and shall have 42 one non-voting member as described in paragraph (b) of this subdivision, 43 at least one shall be appointed as a representative of the transit 44 dependent community and at least one shall be appointed as a represen- 45 tative of the para-transit dependent community, as described in para- 46 graph (c) of this subdivision. The members shall be appointed by the 47 governor by and with the advice and consent of the senate. The governor 48 shall make initial appointments to the authority in such number and from 49 lists submitted as follows: three members shall be appointed to the 50 authority from a list of six names, all of whom shall be residents of 51 the county of Albany, four of which names shall be submitted to the 52 governor by the majority party of the legislature of the county of Alba- 53 ny and two of which names shall be submitted by the minority party of 54 such legislature; two members shall be appointed to the authority from a 55 list of four names, all of whom shall be residents of the county of 56 Schenectady, three of which names shall be submitted to the governor byA. 6168 5 1 the majority party of the legislature of the county of Schenectady and 2 one of which names shall be submitted by the minority party of such 3 legislature; two members shall be appointed to the authority from a list 4 of four names, all of whom shall be residents of the county of Rensse- 5 laer, three of which names shall be submitted to the governor by the 6 majority party of the legislature of the county of Rensselaer and one of 7 which names shall be submitted by the minority party of such legisla- 8 ture; two members shall be appointed to the authority from a list of 9 four names, all of whom shall be residents of the county of Saratoga, 10 three of which names shall be submitted to the governor by the majority 11 party of the legislature of the county of Saratoga and one of which 12 names shall be submitted by the minority party of such legislature. 13 Other counties electing to participate shall each submit to the governor 14 a list of two persons each of whom shall be a resident of such county, 15 one of which names shall be submitted to the governor by the majority 16 party of the legislature of such county and one of which names shall be 17 submitted by the minority party of such legislature, from which number 18 the governor shall appoint one member for each such county so electing 19 to participate. 20 (b) There shall also be one non-voting member of the authority, which 21 shall not be considered in determining a quorum. The non-voting member 22 shall be recommended to the governor by the labor organization repres- 23 enting the plurality of the employees within the authority and shall be 24 a resident of the Capital District transportation district as described 25 in section thirteen hundred two of this title. The non-voting member 26 shall be appointed for a term of five years, provided, however, that if 27 at any time during the term of appointment the non-voting member ceases 28 to be affiliated with the labor organization representing the plurality 29 of employees within the authority, then such labor organization may at 30 any time during such term recommend a new member to the governor who 31 shall serve the remainder of the term. If the local bargaining unit 32 decertifies its existing union affiliation and certifies a new union, 33 the union which represents the plurality of the employees may recommend 34 a new member to the governor who shall serve the remainder of the term. 35 The chairman of the authority, at his or her discretion, may exclude 36 such non-voting member from attending any portion of a meeting of the 37 authority or of any committee held for the purpose of discussing negoti- 38 ations with labor organizations, pending litigation involving the labor 39 organization, or the investigation, evaluation, or discipline of an 40 employee. 41 (c) There shall be at least two members of the authority appointed by 42 the governor as representatives of the transit dependent and para-tran- 43 sit dependent community. The governor shall make initial appointments to 44 the authority in such number and from lists submitted as follows: at 45 least two members shall be appointed to the authority from a list of not 46 less than four names, submitted to the governor by local and statewide 47 transit advocacy organizations. The members shall be residents of a 48 county described in paragraph (a) of this subdivision. The members 49 shall be appointed for a term of five years. If a vacancy shall occur 50 for these member positions, a replacement shall be appointed within six 51 months. 52 § 7. Section 1326 of the public authorities law is amended by adding 53 two new subdivisions 26 and 27 to read as follows: 54 26. "Transit dependent" shall mean an individual who is limited to 55 public transit as their primary mode of transportation because the indi- 56 vidual, (a) has no means of private transportation; (b) is elderly (overA. 6168 6 1 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 2 or median income levels as defined by the U.S. Census Bureau. 3 27. "Para-transit dependent" shall mean an individual who is limited 4 to public transit as their primary mode of transportation and who has 5 either a permanent or temporary disability. 6 § 8. Subdivision 1 of section 1328 of the public authorities law, as 7 separately amended by chapters 388 and 396 of the laws of 2007, is 8 amended to read as follows: 9 1. (a) There is hereby created the central New York regional transpor- 10 tation authority. The authority shall be a body corporate and politic 11 constituting a public benefit corporation. It shall consist of not more 12 than twelve members, including a chairman and shall have one non-voting 13 member as described in paragraph (b) of this subdivision, at least one 14 shall be appointed as a representative of the transit dependent communi- 15 ty and at least one shall be appointed as a representative of the para- 16 transit dependent community, as described in paragraph (c) of this 17 subdivision. The members shall be appointed by the governor by and with 18 the advice and consent of the senate. The governor shall make initial 19 appointments to the authority in such number and from lists submitted as 20 follows: three members shall be appointed to the authority from a list 21 of not less than six names, submitted to the governor by the common 22 council of the city of Syracuse, five persons from a list of not less 23 than ten names, submitted by the legislature of the county of Onondaga 24 and two members shall be appointed from a list of not less than four 25 names submitted by the legislature of the county of Oneida. Other coun- 26 ties electing to participate shall each submit to the governor a list of 27 not less than two persons for each one hundred thousand or major frac- 28 tion of the total population, as determined by the nineteen hundred 29 seventy or any subsequent federal decennial or federal county-wide 30 special census, of the counties outside the county of Onondaga which 31 shall elect to participate, from which number the governor shall appoint 32 one member for each one hundred thousand or major fraction of the total 33 population, as determined by such federal decennial or federal county- 34 wide special census, with a maximum of three members to represent such 35 counties outside the county of Onondaga so electing to participate. 36 (b) There shall also be one non-voting member of the authority, which 37 shall not be considered in determining a quorum. The non-voting member 38 shall be recommended to the governor by the labor organization repres- 39 enting the plurality of the employees within the authority. The non-vot- 40 ing member shall be appointed for a term of seven years, provided, 41 however, that if at any time during the term of appointment the non-vot- 42 ing member ceases to be affiliated with the labor organization repres- 43 enting the plurality of employees within the authority, then such labor 44 organization may at any time during such term recommend a new member to 45 the governor who shall serve the remainder of the term. If the local 46 bargaining unit decertifies its existing union affiliation and certifies 47 a new union, the union which represents the plurality of the employees 48 may recommend a new member to the governor who shall serve the remainder 49 of the term. The chairman of the authority, at his or her discretion, 50 may exclude such non-voting member from attending any portion of a meet- 51 ing of the authority or of any committee held for the purpose of 52 discussing negotiations with labor organizations, pending litigation 53 involving the labor organization, or the investigation, evaluation, or 54 discipline of an employee. 55 (c) There shall be at least two members of the authority appointed by 56 the governor as representatives of the transit dependent and para-tran-A. 6168 7 1 sit dependent community. The governor shall make initial appointments to 2 the authority in such number and from lists submitted as follows: at 3 least two members shall be appointed to the authority from a list of not 4 less than four names, submitted to the governor by local and statewide 5 transit advocacy organizations. The members shall be residents of a 6 county described in paragraph (a) of this subdivision. The members 7 shall be appointed for a term of five years. If a vacancy shall occur 8 for these member positions, a replacement shall be appointed within six 9 months. 10 § 9. This act shall take effect on the ninetieth day after it shall 11 have become a law.
