Bill Text: NY A11139 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires the appointment of a transit dependent and para-transit dependent representative on various transportation authorities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-06-07 - referred to corporations, authorities and commissions [A11139 Detail]
Download: New_York-2017-A11139-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11139 IN ASSEMBLY June 7, 2018 ___________ Introduced by COMMITTEE ON RULES -- (at request of 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- 26 tative of the transit dependent community and at least one shall be 27 appointed as a representative of the para-transit dependent community, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00888-03-8A. 11139 2 1 as described in paragraph (d) of this subdivision. The chairman and 2 each of the members shall be appointed for a term of eight years, 3 provided however, that the chairman first appointed shall serve for a 4 term ending June thirtieth, nineteen hundred seventy-three, and of the 5 eight other members first appointed, one shall serve for a term ending 6 June thirtieth, nineteen hundred sixty-eight, two shall serve for a term 7 ending June thirtieth, nineteen hundred sixty-nine, one shall serve for 8 a term ending June thirtieth, nineteen hundred seventy, two shall serve 9 for a term ending June thirtieth, nineteen hundred seventy-one, one 10 shall serve for a term ending June thirtieth, nineteen hundred seventy- 11 two and one shall serve for a term ending June thirtieth, nineteen 12 hundred seventy-three. The term of one of the members appointed to 13 memberships first created by law after April first, nineteen hundred 14 sixty-nine shall end on June thirtieth, nineteen hundred seventy-four, 15 and the term of the other such member shall end on June thirtieth, nine- 16 teen hundred seventy-five. Following the expiration of any term ending 17 on or after June thirtieth, nineteen hundred eighty-seven, each member 18 shall be appointed for a term of five years beginning on the day after 19 the expiration date of such prior term; provided, however, that the term 20 of the member first appointed upon the written recommendation of the 21 Erie county executive and the term of the member first appointed upon 22 the written recommendation of the Erie county legislature shall be for a 23 term ending on June thirtieth, nineteen hundred ninety-six. 24 (b) The first non-voting member of the authority who shall not be 25 considered in determining a quorum, shall be recommended to the governor 26 by the labor organization representing the plurality of the employees 27 within the authority and shall be a resident of the Niagara Frontier 28 transportation district as described in section twelve hundred ninety- 29 nine-b of this title. Such first non-voting member shall be appointed 30 for a term of five years, provided, however, that if at any time during 31 the term of appointment such non-voting member ceases to be affiliated 32 with the labor organization representing the plurality of employees 33 within the authority, then such labor organization may at any time 34 during such term recommend a new member to the governor who shall serve 35 the remainder of the term. If the local bargaining unit decertifies its 36 existing union affiliation and certifies a new union, the union which 37 represents the plurality of the employees may recommend a new member to 38 the governor who shall serve the remainder of the term. The chairman of 39 the authority, at his or her discretion, may exclude such non-voting 40 member from attending any portion of a meeting of the authority or of 41 any committee held for the purpose of discussing negotiations with labor 42 organizations, pending litigation involving the labor organization, or 43 the investigation, evaluation, or discipline of an employee. 44 (c) There shall also be a second non-voting member of the authority, 45 who shall not be considered in determining a quorum. The second non-vot- 46 ing member shall be appointed by the governor as a representative of the 47 transit dependent community and/or people with disabilities. The second 48 non-voting member shall be appointed for a term of five years. 49 (d) There shall be at least two members of the authority appointed by 50 the governor as representatives of the transit dependent and para-tran- 51 sit dependent community. The governor shall make initial appointments to 52 the authority in such number and from lists submitted as follows: at 53 least two members shall be appointed to the authority from a list of not 54 less than four names, submitted to the governor by local and statewide 55 transit advocacy organizations. The members shall be residents of a 56 county described in paragraph (a) of this subdivision. The membersA. 11139 3 1 shall be appointed for a term of five years. If a vacancy shall occur 2 for these member positions, a replacement shall be appointed within six 3 months. 4 § 3. Section 1299-bb of the public authorities law is amended by 5 adding two new subdivisions 25 and 26 to read as follows: 6 25. "Transit dependent" shall mean an individual who is limited to 7 public transit as their primary mode of transportation because the indi- 8 vidual, (a) has no means of private transportation; (b) is elderly (over 9 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 10 or median income levels as defined by the U.S. Census Bureau. 11 26. "Para-transit dependent" shall mean an individual who is limited 12 to public transit as their primary mode of transportation and who has 13 either a permanent or temporary disability. 14 § 4. Subdivision 1 of section 1299-dd of the public authorities law, 15 as amended by chapter 388 of the laws of 2007, is amended to read as 16 follows: 17 1. (a) There is hereby created the Rochester-Genesee regional trans- 18 portation authority. The authority shall be a body corporate and politic 19 constituting a public benefit corporation. It shall consist of at least 20 one member from each county that elects to join the authority except 21 that the county of Monroe shall have seven members of whom three shall 22 be appointed from the city of Rochester and four at large from the coun- 23 ty of Monroe and shall have one non-voting member as described in para- 24 graph (b) of this subdivision, at least one shall be appointed as a 25 representative of the transit dependent community and at least one shall 26 be appointed as a representative of the para-transit dependent communi- 27 ty, as described in paragraph (c) of this subdivision. The members 28 shall be appointed by the governor by and with the advice and consent of 29 the senate. The governor shall make initial appointments to the authori- 30 ty in such number and from lists submitted as follows: three members 31 shall be appointed to the authority from a list of not less than six 32 names, all of whom must be residents of the city of Rochester, submitted 33 to the governor by the council of the city of Rochester; four persons 34 from a list of not less than eight persons, all of whom must be resi- 35 dents of the county of Monroe submitted by the legislature of the county 36 of Monroe. Other counties electing to participate shall each submit to 37 the governor a list of not less than two persons for each one hundred 38 thousand or major fraction of the total population, as determined by the 39 last federal decennial or federal county-wide special census. From the 40 counties outside the county of Monroe which shall elect to participate, 41 the governor shall appoint one member for each one hundred thousand or 42 major fraction of the total population, as determined by the last feder- 43 al decennial or federal county-wide special census, with a minimum of 44 one member to represent each county outside the county of Monroe so 45 electing to participate. All members of the authority shall be residents 46 of the area from which they are nominated. 47 (b) There shall also be one non-voting member of the authority, which 48 shall not be considered in determining a quorum. The non-voting member 49 shall be recommended to the governor by the labor organization repres- 50 enting the plurality of the employees within the authority and shall be 51 a resident of the Rochester-Genesee regional transportation district as 52 described in section twelve hundred ninety-nine-cc of this title. The 53 non-voting member shall be appointed for a term of five years, provided, 54 however, that if at any time during the term of appointment the non-vot- 55 ing member ceases to be affiliated with the labor organization repres- 56 enting the plurality of employees within the authority, then such laborA. 11139 4 1 organization may at any time during such term recommend a new member to 2 the governor who shall serve the remainder of the term. If the local 3 bargaining unit decertifies its existing union affiliation and certifies 4 a new union, the union which represents the plurality of the employees 5 may recommend a new member to the governor who shall serve the remainder 6 of the term. The chairman of the authority, at his or her discretion, 7 may exclude such non-voting member from attending any portion of a meet- 8 ing of the authority or of any committee held for the purpose of 9 discussing negotiations with labor organizations, pending litigation 10 involving the labor organization, or the investigation, evaluation, or 11 discipline of an employee. 12 (c) There shall be at least two members of the authority appointed by 13 the governor as representatives of the transit dependent and para-tran- 14 sit dependent community. The governor shall make initial appointments to 15 the authority in such number and from lists submitted as follows: at 16 least two members shall be appointed to the authority from a list of not 17 less than four names, submitted to the governor by local and statewide 18 transit advocacy organizations. The members shall be residents of a 19 county described in paragraph (a) of this subdivision. The members 20 shall be appointed for a term of five years. If a vacancy shall occur 21 for these member positions, a replacement shall be appointed within six 22 months. 23 § 5. Section 1301 of the public authorities law is amended by adding 24 two new subdivisions 26 and 27 to read as follows: 25 26. "Transit dependent" shall mean an individual who is limited to 26 public transit as their primary mode of transportation because the indi- 27 vidual, (a) has no means of private transportation; (b) is elderly (over 28 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 29 or median income levels as defined by the U.S. Census Bureau. 30 27. "Para-transit dependent" shall mean an individual who is limited 31 to public transit as their primary mode of transportation and who has 32 either a permanent or temporary disability. 33 § 6. Subdivision 1 of section 1303 of the public authorities law, as 34 amended by chapter 388 of the laws of 2007, is amended to read as 35 follows: 36 1. (a) There is hereby created the Capital District transportation 37 authority. The authority shall be a body corporate and politic consti- 38 tuting a public benefit corporation. It shall consist of not less than 39 eight nor more than fifteen members, including a chairman and shall have 40 one non-voting member as described in paragraph (b) of this subdivision, 41 at least one shall be appointed as a representative of the transit 42 dependent community and at least one shall be appointed as a represen- 43 tative of the para-transit dependent community, as described in para- 44 graph (c) of this subdivision. The members shall be appointed by the 45 governor by and with the advice and consent of the senate. The governor 46 shall make initial appointments to the authority in such number and from 47 lists submitted as follows: three members shall be appointed to the 48 authority from a list of six names, all of whom shall be residents of 49 the county of Albany, four of which names shall be submitted to the 50 governor by the majority party of the legislature of the county of Alba- 51 ny and two of which names shall be submitted by the minority party of 52 such legislature; two members shall be appointed to the authority from a 53 list of four names, all of whom shall be residents of the county of 54 Schenectady, three of which names shall be submitted to the governor by 55 the majority party of the legislature of the county of Schenectady and 56 one of which names shall be submitted by the minority party of suchA. 11139 5 1 legislature; two members shall be appointed to the authority from a list 2 of four names, all of whom shall be residents of the county of Rensse- 3 laer, three of which names shall be submitted to the governor by the 4 majority party of the legislature of the county of Rensselaer and one of 5 which names shall be submitted by the minority party of such legisla- 6 ture; two members shall be appointed to the authority from a list of 7 four names, all of whom shall be residents of the county of Saratoga, 8 three of which names shall be submitted to the governor by the majority 9 party of the legislature of the county of Saratoga and one of which 10 names shall be submitted by the minority party of such legislature. 11 Other counties electing to participate shall each submit to the governor 12 a list of two persons each of whom shall be a resident of such county, 13 one of which names shall be submitted to the governor by the majority 14 party of the legislature of such county and one of which names shall be 15 submitted by the minority party of such legislature, from which number 16 the governor shall appoint one member for each such county so electing 17 to participate. 18 (b) There shall also be one non-voting member of the authority, which 19 shall not be considered in determining a quorum. The non-voting member 20 shall be recommended to the governor by the labor organization repres- 21 enting the plurality of the employees within the authority and shall be 22 a resident of the Capital District transportation district as described 23 in section thirteen hundred two of this title. The non-voting member 24 shall be appointed for a term of five years, provided, however, that if 25 at any time during the term of appointment the non-voting member ceases 26 to be affiliated with the labor organization representing the plurality 27 of employees within the authority, then such labor organization may at 28 any time during such term recommend a new member to the governor who 29 shall serve the remainder of the term. If the local bargaining unit 30 decertifies its existing union affiliation and certifies a new union, 31 the union which represents the plurality of the employees may recommend 32 a new member to the governor who shall serve the remainder of the term. 33 The chairman of the authority, at his or her discretion, may exclude 34 such non-voting member from attending any portion of a meeting of the 35 authority or of any committee held for the purpose of discussing negoti- 36 ations with labor organizations, pending litigation involving the labor 37 organization, or the investigation, evaluation, or discipline of an 38 employee. 39 (c) There shall be at least two members of the authority appointed by 40 the governor as representatives of the transit dependent and para-tran- 41 sit dependent community. The governor shall make initial appointments to 42 the authority in such number and from lists submitted as follows: at 43 least two members shall be appointed to the authority from a list of not 44 less than four names, submitted to the governor by local and statewide 45 transit advocacy organizations. The members shall be residents of a 46 county described in paragraph (a) of this subdivision. The members 47 shall be appointed for a term of five years. If a vacancy shall occur 48 for these member positions, a replacement shall be appointed within six 49 months. 50 § 7. Section 1326 of the public authorities law is amended by adding 51 two new subdivisions 26 and 27 to read as follows: 52 26. "Transit dependent" shall mean an individual who is limited to 53 public transit as their primary mode of transportation because the indi- 54 vidual, (a) has no means of private transportation; (b) is elderly (over 55 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 56 or median income levels as defined by the U.S. Census Bureau.A. 11139 6 1 27. "Para-transit dependent" shall mean an individual who is limited 2 to public transit as their primary mode of transportation and who has 3 either a permanent or temporary disability. 4 § 8. Subdivision 1 of section 1328 of the public authorities law, as 5 separately amended by chapters 388 and 396 of the laws of 2007, is 6 amended to read as follows: 7 1. (a) There is hereby created the central New York regional transpor- 8 tation authority. The authority shall be a body corporate and politic 9 constituting a public benefit corporation. It shall consist of not more 10 than twelve members, including a chairman and shall have one non-voting 11 member as described in paragraph (b) of this subdivision, at least one 12 shall be appointed as a representative of the transit dependent communi- 13 ty and at least one shall be appointed as a representative of the para- 14 transit dependent community, as described in paragraph (c) of this 15 subdivision. The members shall be appointed by the governor by and with 16 the advice and consent of the senate. The governor shall make initial 17 appointments to the authority in such number and from lists submitted as 18 follows: three members shall be appointed to the authority from a list 19 of not less than six names, submitted to the governor by the common 20 council of the city of Syracuse, five persons from a list of not less 21 than ten names, submitted by the legislature of the county of Onondaga 22 and two members shall be appointed from a list of not less than four 23 names submitted by the legislature of the county of Oneida. Other coun- 24 ties electing to participate shall each submit to the governor a list of 25 not less than two persons for each one hundred thousand or major frac- 26 tion of the total population, as determined by the nineteen hundred 27 seventy or any subsequent federal decennial or federal county-wide 28 special census, of the counties outside the county of Onondaga which 29 shall elect to participate, from which number the governor shall appoint 30 one member for each one hundred thousand or major fraction of the total 31 population, as determined by such federal decennial or federal county- 32 wide special census, with a maximum of three members to represent such 33 counties outside the county of Onondaga so electing to participate. 34 (b) There shall also be one non-voting member of the authority, which 35 shall not be considered in determining a quorum. The non-voting member 36 shall be recommended to the governor by the labor organization repres- 37 enting the plurality of the employees within the authority. The non-vot- 38 ing member shall be appointed for a term of seven years, provided, 39 however, that if at any time during the term of appointment the non-vot- 40 ing member ceases to be affiliated with the labor organization repres- 41 enting the plurality of employees within the authority, then such labor 42 organization may at any time during such term recommend a new member to 43 the governor who shall serve the remainder of the term. If the local 44 bargaining unit decertifies its existing union affiliation and certifies 45 a new union, the union which represents the plurality of the employees 46 may recommend a new member to the governor who shall serve the remainder 47 of the term. The chairman of the authority, at his or her discretion, 48 may exclude such non-voting member from attending any portion of a meet- 49 ing of the authority or of any committee held for the purpose of 50 discussing negotiations with labor organizations, pending litigation 51 involving the labor organization, or the investigation, evaluation, or 52 discipline of an employee. 53 (c) 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. 11139 7 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. 8 § 9. This act shall take effect on the ninetieth day after it shall 9 have become a law.
