Bill Text: NY A06168 | 2019-2020 | General Assembly | Amended
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-Amended.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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6168--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03819-03-9A. 6168--A 2 1 [and], one shall be appointed upon the written recommendation of the 2 Erie county legislature, at least one shall be appointed as a represen- 3 tative of the transit dependent community and at least one shall be 4 appointed as a representative of the para-transit dependent community, 5 as described in paragraph (d) of this subdivision. The chairman and 6 each of the members shall be appointed for a term of eight years, 7 provided however, that the chairman first appointed shall serve for a 8 term ending June thirtieth, nineteen hundred seventy-three, and of the 9 eight other members first appointed, one shall serve for a term ending 10 June thirtieth, nineteen hundred sixty-eight, two shall serve for a term 11 ending June thirtieth, nineteen hundred sixty-nine, one shall serve for 12 a term ending June thirtieth, nineteen hundred seventy, two shall serve 13 for a term ending June thirtieth, nineteen hundred seventy-one, one 14 shall serve for a term ending June thirtieth, nineteen hundred seventy- 15 two and one shall serve for a term ending June thirtieth, nineteen 16 hundred seventy-three. The term of one of the members appointed to 17 memberships first created by law after April first, nineteen hundred 18 sixty-nine shall end on June thirtieth, nineteen hundred seventy-four, 19 and the term of the other such member shall end on June thirtieth, nine- 20 teen hundred seventy-five. Following the expiration of any term ending 21 on or after June thirtieth, nineteen hundred eighty-seven, each member 22 shall be appointed for a term of five years beginning on the day after 23 the expiration date of such prior term; provided, however, that the term 24 of the member first appointed upon the written recommendation of the 25 Erie county executive and the term of the member first appointed upon 26 the written recommendation of the Erie county legislature shall be for a 27 term ending on June thirtieth, nineteen hundred ninety-six. 28 (b) The first non-voting member of the authority who shall not be 29 considered in determining a quorum, shall be recommended to the governor 30 by the labor organization representing the plurality of the employees 31 within the authority and shall be a resident of the Niagara Frontier 32 transportation district as described in section twelve hundred ninety- 33 nine-b of this title. Such first non-voting member shall be appointed 34 for a term of five years, provided, however, that if at any time during 35 the term of appointment such non-voting member ceases to be affiliated 36 with the labor organization representing the plurality of employees 37 within the authority, then such labor organization may at any time 38 during such term recommend a new member to the governor who shall serve 39 the remainder of the term. If the local bargaining unit decertifies its 40 existing union affiliation and certifies a new union, the union which 41 represents the plurality of the employees may recommend a new member to 42 the governor who shall serve the remainder of the term. The chairman of 43 the authority, at his or her discretion, may exclude such non-voting 44 member from attending any portion of a meeting of the authority or of 45 any committee held for the purpose of discussing negotiations with labor 46 organizations, pending litigation involving the labor organization, or 47 the investigation, evaluation, or discipline of an employee. 48 (c) There shall also be a second non-voting member of the authority, 49 who shall not be considered in determining a quorum. The second non-vot- 50 ing member shall be appointed by the governor as a representative of the 51 transit dependent community and/or people with disabilities. The second 52 non-voting member shall be appointed for a term of five years. 53 (d) There shall be at least two members of the authority appointed by 54 the governor as representatives of the transit dependent and para-tran- 55 sit dependent community. The governor shall make initial appointments to 56 the authority in such number and from lists submitted as follows: atA. 6168--A 3 1 least two members shall be appointed to the authority from a list of not 2 less than four names, submitted to the governor by local and statewide 3 transit advocacy organizations. The members shall be residents of a 4 county described in paragraph (a) of this subdivision. The members 5 shall be appointed for a term of five years. If a vacancy shall occur 6 for these member positions, a replacement shall be appointed within six 7 months, subject to the same appointment process within this paragraph. 8 § 3. Section 1299-bb of the public authorities law is amended by 9 adding two new subdivisions 25 and 26 to read as follows: 10 25. "Transit dependent" shall mean an individual who is limited to 11 public transit as their primary mode of transportation because the indi- 12 vidual, (a) has no means of private transportation; (b) is elderly (over 13 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 14 or median income levels as defined by the U.S. Census Bureau. 15 26. "Para-transit dependent" shall mean an individual who is limited 16 to public transit as their primary mode of transportation and who has 17 either a permanent or temporary disability. 18 § 4. Subdivision 1 of section 1299-dd of the public authorities law, 19 as amended by chapter 388 of the laws of 2007, is amended to read as 20 follows: 21 1. (a) There is hereby created the Rochester-Genesee regional trans- 22 portation authority. The authority shall be a body corporate and politic 23 constituting a public benefit corporation. It shall consist of at least 24 one member from each county that elects to join the authority except 25 that the county of Monroe shall have seven members of whom three shall 26 be appointed from the city of Rochester and four at large from the coun- 27 ty of Monroe and shall have one non-voting member as described in para- 28 graph (b) of this subdivision, at least one shall be appointed as a 29 representative of the transit dependent community and at least one shall 30 be appointed as a representative of the para-transit dependent communi- 31 ty, as described in paragraph (c) of this subdivision. The members 32 shall be appointed by the governor by and with the advice and consent of 33 the senate. The governor shall make initial appointments to the authori- 34 ty in such number and from lists submitted as follows: three members 35 shall be appointed to the authority from a list of not less than six 36 names, all of whom must be residents of the city of Rochester, submitted 37 to the governor by the council of the city of Rochester; four persons 38 from a list of not less than eight persons, all of whom must be resi- 39 dents of the county of Monroe submitted by the legislature of the county 40 of Monroe. Other counties electing to participate shall each submit to 41 the governor a list of not less than two persons for each one hundred 42 thousand or major fraction of the total population, as determined by the 43 last federal decennial or federal county-wide special census. From the 44 counties outside the county of Monroe which shall elect to participate, 45 the governor shall appoint one member for each one hundred thousand or 46 major fraction of the total population, as determined by the last feder- 47 al decennial or federal county-wide special census, with a minimum of 48 one member to represent each county outside the county of Monroe so 49 electing to participate. All members of the authority shall be residents 50 of the area from which they are nominated. 51 (b) There shall also be one non-voting member of the authority, which 52 shall not be considered in determining a quorum. The non-voting member 53 shall be recommended to the governor by the labor organization repres- 54 enting the plurality of the employees within the authority and shall be 55 a resident of the Rochester-Genesee regional transportation district as 56 described in section twelve hundred ninety-nine-cc of this title. TheA. 6168--A 4 1 non-voting member shall be appointed for a term of five years, provided, 2 however, that if at any time during the term of appointment the non-vot- 3 ing member ceases to be affiliated with the labor organization repres- 4 enting the plurality of employees within the authority, then such labor 5 organization may at any time during such term recommend a new member to 6 the governor who shall serve the remainder of the term. If the local 7 bargaining unit decertifies its existing union affiliation and certifies 8 a new union, the union which represents the plurality of the employees 9 may recommend a new member to the governor who shall serve the remainder 10 of the term. The chairman of the authority, at his or her discretion, 11 may exclude such non-voting member from attending any portion of a meet- 12 ing of the authority or of any committee held for the purpose of 13 discussing negotiations with labor organizations, pending litigation 14 involving the labor organization, or the investigation, evaluation, or 15 discipline of an employee. 16 (c) There shall be at least two members of the authority appointed by 17 the governor as representatives of the transit dependent and para-tran- 18 sit dependent community. The governor shall make initial appointments to 19 the authority in such number and from lists submitted as follows: at 20 least two members shall be appointed to the authority from a list of not 21 less than four names, submitted to the governor by local and statewide 22 transit advocacy organizations. The members shall be residents of a 23 county described in paragraph (a) of this subdivision. The members 24 shall be appointed for a term of five years. If a vacancy shall occur 25 for these member positions, a replacement shall be appointed within six 26 months, subject to the same appointment process within this paragraph. 27 § 5. Section 1301 of the public authorities law is amended by adding 28 two new subdivisions 26 and 27 to read as follows: 29 26. "Transit dependent" shall mean an individual who is limited to 30 public transit as their primary mode of transportation because the indi- 31 vidual, (a) has no means of private transportation; (b) is elderly (over 32 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 33 or median income levels as defined by the U.S. Census Bureau. 34 27. "Para-transit dependent" shall mean an individual who is limited 35 to public transit as their primary mode of transportation and who has 36 either a permanent or temporary disability. 37 § 6. Subdivision 1 of section 1303 of the public authorities law, as 38 amended by chapter 388 of the laws of 2007, is amended to read as 39 follows: 40 1. (a) There is hereby created the Capital District transportation 41 authority. The authority shall be a body corporate and politic consti- 42 tuting a public benefit corporation. It shall consist of not less than 43 eight nor more than fifteen members, including a chairman and shall have 44 one non-voting member as described in paragraph (b) of this subdivision, 45 at least one shall be appointed as a representative of the transit 46 dependent community and at least one shall be appointed as a represen- 47 tative of the para-transit dependent community, as described in para- 48 graph (c) of this subdivision. The members shall be appointed by the 49 governor by and with the advice and consent of the senate. The governor 50 shall make initial appointments to the authority in such number and from 51 lists submitted as follows: three members shall be appointed to the 52 authority from a list of six names, all of whom shall be residents of 53 the county of Albany, four of which names shall be submitted to the 54 governor by the majority party of the legislature of the county of Alba- 55 ny and two of which names shall be submitted by the minority party of 56 such legislature; two members shall be appointed to the authority from aA. 6168--A 5 1 list of four names, all of whom shall be residents of the county of 2 Schenectady, three of which names shall be submitted to the governor by 3 the majority party of the legislature of the county of Schenectady and 4 one of which names shall be submitted by the minority party of such 5 legislature; two members shall be appointed to the authority from a list 6 of four names, all of whom shall be residents of the county of Rensse- 7 laer, three of which names shall be submitted to the governor by the 8 majority party of the legislature of the county of Rensselaer and one of 9 which names shall be submitted by the minority party of such legisla- 10 ture; two members shall be appointed to the authority from a list of 11 four names, all of whom shall be residents of the county of Saratoga, 12 three of which names shall be submitted to the governor by the majority 13 party of the legislature of the county of Saratoga and one of which 14 names shall be submitted by the minority party of such legislature. 15 Other counties electing to participate shall each submit to the governor 16 a list of two persons each of whom shall be a resident of such county, 17 one of which names shall be submitted to the governor by the majority 18 party of the legislature of such county and one of which names shall be 19 submitted by the minority party of such legislature, from which number 20 the governor shall appoint one member for each such county so electing 21 to participate. 22 (b) There shall also be one non-voting member of the authority, which 23 shall not be considered in determining a quorum. The non-voting member 24 shall be recommended to the governor by the labor organization repres- 25 enting the plurality of the employees within the authority and shall be 26 a resident of the Capital District transportation district as described 27 in section thirteen hundred two of this title. The non-voting member 28 shall be appointed for a term of five years, provided, however, that if 29 at any time during the term of appointment the non-voting member ceases 30 to be affiliated with the labor organization representing the plurality 31 of employees within the authority, then such labor organization may at 32 any time during such term recommend a new member to the governor who 33 shall serve the remainder of the term. If the local bargaining unit 34 decertifies its existing union affiliation and certifies a new union, 35 the union which represents the plurality of the employees may recommend 36 a new member to the governor who shall serve the remainder of the term. 37 The chairman of the authority, at his or her discretion, may exclude 38 such non-voting member from attending any portion of a meeting of the 39 authority or of any committee held for the purpose of discussing negoti- 40 ations with labor organizations, pending litigation involving the labor 41 organization, or the investigation, evaluation, or discipline of an 42 employee. 43 (c) There shall be at least two members of the authority appointed by 44 the governor as representatives of the transit dependent and para-tran- 45 sit dependent community. The governor shall make initial appointments to 46 the authority in such number and from lists submitted as follows: at 47 least two members shall be appointed to the authority from a list of not 48 less than four names, submitted to the governor by local and statewide 49 transit advocacy organizations. The members shall be residents of a 50 county described in paragraph (a) of this subdivision. The members 51 shall be appointed for a term of five years. If a vacancy shall occur 52 for these member positions, a replacement shall be appointed within six 53 months, subject to the same appointment process within this paragraph. 54 § 7. Section 1326 of the public authorities law is amended by adding 55 two new subdivisions 26 and 27 to read as follows:A. 6168--A 6 1 26. "Transit dependent" shall mean an individual who is limited to 2 public transit as their primary mode of transportation because the indi- 3 vidual, (a) has no means of private transportation; (b) is elderly (over 4 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 5 or median income levels as defined by the U.S. Census Bureau. 6 27. "Para-transit dependent" shall mean an individual who is limited 7 to public transit as their primary mode of transportation and who has 8 either a permanent or temporary disability. 9 § 8. Subdivision 1 of section 1328 of the public authorities law, as 10 separately amended by chapters 388 and 396 of the laws of 2007, is 11 amended to read as follows: 12 1. (a) There is hereby created the central New York regional transpor- 13 tation authority. The authority shall be a body corporate and politic 14 constituting a public benefit corporation. It shall consist of not more 15 than twelve members, including a chairman and shall have one non-voting 16 member as described in paragraph (b) of this subdivision, at least one 17 shall be appointed as a representative of the transit dependent communi- 18 ty and at least one shall be appointed as a representative of the para- 19 transit dependent community, as described in paragraph (c) of this 20 subdivision. The members shall be appointed by the governor by and with 21 the advice and consent of the senate. The governor shall make initial 22 appointments to the authority in such number and from lists submitted as 23 follows: three members shall be appointed to the authority from a list 24 of not less than six names, submitted to the governor by the common 25 council of the city of Syracuse, five persons from a list of not less 26 than ten names, submitted by the legislature of the county of Onondaga 27 and two members shall be appointed from a list of not less than four 28 names submitted by the legislature of the county of Oneida. Other coun- 29 ties electing to participate shall each submit to the governor a list of 30 not less than two persons for each one hundred thousand or major frac- 31 tion of the total population, as determined by the nineteen hundred 32 seventy or any subsequent federal decennial or federal county-wide 33 special census, of the counties outside the county of Onondaga which 34 shall elect to participate, from which number the governor shall appoint 35 one member for each one hundred thousand or major fraction of the total 36 population, as determined by such federal decennial or federal county- 37 wide special census, with a maximum of three members to represent such 38 counties outside the county of Onondaga so electing to participate. 39 (b) There shall also be one non-voting member of the authority, which 40 shall not be considered in determining a quorum. The non-voting member 41 shall be recommended to the governor by the labor organization repres- 42 enting the plurality of the employees within the authority. The non-vot- 43 ing member shall be appointed for a term of seven years, provided, 44 however, that if at any time during the term of appointment the non-vot- 45 ing member ceases to be affiliated with the labor organization repres- 46 enting the plurality of employees within the authority, then such labor 47 organization may at any time during such term recommend a new member to 48 the governor who shall serve the remainder of the term. If the local 49 bargaining unit decertifies its existing union affiliation and certifies 50 a new union, the union which represents the plurality of the employees 51 may recommend a new member to the governor who shall serve the remainder 52 of the term. The chairman of the authority, at his or her discretion, 53 may exclude such non-voting member from attending any portion of a meet- 54 ing of the authority or of any committee held for the purpose of 55 discussing negotiations with labor organizations, pending litigationA. 6168--A 7 1 involving the labor organization, or the investigation, evaluation, or 2 discipline of an employee. 3 (c) There shall be at least two members of the authority appointed by 4 the governor as representatives of the transit dependent and para-tran- 5 sit dependent community. The governor shall make initial appointments to 6 the authority in such number and from lists submitted as follows: at 7 least two members shall be appointed to the authority from a list of not 8 less than four names, submitted to the governor by local and statewide 9 transit advocacy organizations. The members shall be residents of a 10 county described in paragraph (a) of this subdivision. The members 11 shall be appointed for a term of five years. If a vacancy shall occur 12 for these member positions, a replacement shall be appointed within six 13 months, subject to the same appointment process within this paragraph. 14 § 9. This act shall take effect on the ninetieth day after it shall 15 have become a law.
