Bill Text: NY S03959 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the appointment of a transit dependent representative on various transportation authorities.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-12-28 - APPROVAL MEMO.86 [S03959 Detail]
Download: New_York-2021-S03959-Introduced.html
Bill Title: Requires the appointment of a transit dependent representative on various transportation authorities.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-12-28 - APPROVAL MEMO.86 [S03959 Detail]
Download: New_York-2021-S03959-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3959 2021-2022 Regular Sessions IN SENATE February 1, 2021 ___________ Introduced by Sens. KENNEDY, RAMOS -- 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 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. LBD07644-01-1S. 3959 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 statewideS. 3959 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, subject to the same appointment process within this paragraph. 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 495 of the laws of 2019, 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 [two] one non-voting [members] member as 26 described in [paragraphs] paragraph (b) [and (c)] of this subdivision, 27 at least one shall be appointed as a representative of the transit 28 dependent community and at least one shall be appointed as a represen- 29 tative of the para-transit dependent community, as described in para- 30 graph (c) of this subdivision. The members shall be appointed by the 31 governor by and with the advice and consent of the senate. The governor 32 shall make initial appointments to the authority in such number and from 33 lists submitted as follows: three members shall be appointed to the 34 authority from a list of not less than six names, all of whom must be 35 residents of the city of Rochester, submitted to the governor by the 36 council of the city of Rochester; four persons from a list of not less 37 than eight persons, all of whom must be residents of the county of 38 Monroe submitted by the legislature of the county of Monroe. Other coun- 39 ties electing to participate shall each submit to the governor a list of 40 not less than two persons for each one hundred thousand or major frac- 41 tion of the total population, as determined by the last federal decenni- 42 al or federal county-wide special census. From the counties outside the 43 county of Monroe which shall elect to participate, the governor shall 44 appoint one member for each one hundred thousand or major fraction of 45 the total population, as determined by the last federal decennial or 46 federal county-wide special census, with a minimum of one member to 47 represent each county outside the county of Monroe so electing to 48 participate. All members of the authority shall be residents of the area 49 from which they are nominated. 50 (b) [The first] There shall also be one non-voting member of the 51 authority who shall not be considered in determining a quorum[,]. The 52 non-voting member shall be recommended to the governor by the labor 53 organization representing the plurality of the employees within the 54 authority and shall be a resident of the Rochester-Genesee regional 55 transportation district as described in section twelve hundred ninety- 56 nine-cc of this title. Such [first] non-voting member shall be appointedS. 3959 4 1 for a term of five years, provided, however, that if at any time during 2 the term of appointment such non-voting member ceases to be affiliated 3 with the labor organization representing the plurality of employees 4 within the authority, then such labor organization may at any time 5 during such term recommend a new member to the governor who shall serve 6 the remainder of the term. If the local bargaining unit decertifies its 7 existing union affiliation and certifies a new union, the union which 8 represents the plurality of the employees may recommend a new member to 9 the governor who shall serve the remainder of the term. The chairman of 10 the authority, at his or her discretion, may exclude such non-voting 11 member from attending any portion of a meeting of the authority or of 12 any committee held for the purpose of discussing negotiations with labor 13 organizations, pending litigation involving the labor organization, or 14 the investigation, evaluation, or discipline of an employee. 15 (c) There shall [also] be [a second non-voting member] at least two 16 members of the authority[, who shall not be considered in determining a17quorum. The second non-voting member shall be] appointed by the governor 18 as [a representative] representatives of the transit dependent and[/or19disabled] para-transit dependent community. The [second non-voting20member] governor shall [be appointed] make initial appointments to the 21 authority in such number and from lists submitted as follows: at least 22 two members shall be appointed to the authority from a list of not less 23 than four names, submitted to the governor by local and statewide trans- 24 it advocacy organizations. The members shall be residents of a county 25 described in paragraph (a) of this subdivision. The members shall be 26 appointed for a term of five years. [The chair of the authority, at his27or her discretion, may exclude such non-voting member from attending any28portion of a meeting of the authority or of any committee held pursuant29to the executive session provisions of the open meetings law] If a 30 vacancy shall occur for these member positions, a replacement shall be 31 appointed within six months, subject to the same appointment process 32 within this paragraph. 33 § 5. Section 1301 of the public authorities law is amended by adding 34 two new subdivisions 26 and 27 to read as follows: 35 26. "Transit dependent" shall mean an individual who is limited to 36 public transit as their primary mode of transportation because the indi- 37 vidual, (a) has no means of private transportation; (b) is elderly (over 38 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 39 or median income levels as defined by the U.S. Census Bureau. 40 27. "Para-transit dependent" shall mean an individual who is limited 41 to public transit as their primary mode of transportation and who has 42 either a permanent or temporary disability. 43 § 6. Subdivision 1 of section 1303 of the public authorities law, as 44 amended by chapter 388 of the laws of 2007, is amended to read as 45 follows: 46 1. (a) There is hereby created the Capital District transportation 47 authority. The authority shall be a body corporate and politic consti- 48 tuting a public benefit corporation. It shall consist of not less than 49 eight nor more than fifteen members, including a chairman and shall have 50 one non-voting member as described in paragraph (b) of this subdivision, 51 at least one shall be appointed as a representative of the transit 52 dependent community and at least one shall be appointed as a represen- 53 tative of the para-transit dependent community, as described in para- 54 graph (c) of this subdivision. The members shall be appointed by the 55 governor by and with the advice and consent of the senate. The governor 56 shall make initial appointments to the authority in such number and fromS. 3959 5 1 lists submitted as follows: three members shall be appointed to the 2 authority from a list of six names, all of whom shall be residents of 3 the county of Albany, four of which names shall be submitted to the 4 governor by the majority party of the legislature of the county of Alba- 5 ny and two of which names shall be submitted by the minority party of 6 such legislature; two members shall be appointed to the authority from a 7 list of four names, all of whom shall be residents of the county of 8 Schenectady, three of which names shall be submitted to the governor by 9 the majority party of the legislature of the county of Schenectady and 10 one of which names shall be submitted by the minority party of such 11 legislature; two members shall be appointed to the authority from a list 12 of four names, all of whom shall be residents of the county of Rensse- 13 laer, three of which names shall be submitted to the governor by the 14 majority party of the legislature of the county of Rensselaer and one of 15 which names shall be submitted by the minority party of such legisla- 16 ture; two members shall be appointed to the authority from a list of 17 four names, all of whom shall be residents of the county of Saratoga, 18 three of which names shall be submitted to the governor by the majority 19 party of the legislature of the county of Saratoga and one of which 20 names shall be submitted by the minority party of such legislature. 21 Other counties electing to participate shall each submit to the governor 22 a list of two persons each of whom shall be a resident of such county, 23 one of which names shall be submitted to the governor by the majority 24 party of the legislature of such county and one of which names shall be 25 submitted by the minority party of such legislature, from which number 26 the governor shall appoint one member for each such county so electing 27 to participate. 28 (b) There shall also be one non-voting member of the authority, which 29 shall not be considered in determining a quorum. The non-voting member 30 shall be recommended to the governor by the labor organization repres- 31 enting the plurality of the employees within the authority and shall be 32 a resident of the Capital District transportation district as described 33 in section thirteen hundred two of this title. The non-voting member 34 shall be appointed for a term of five years, provided, however, that if 35 at any time during the term of appointment the non-voting member ceases 36 to be affiliated with the labor organization representing the plurality 37 of employees within the authority, then such labor organization may at 38 any time during such term recommend a new member to the governor who 39 shall serve the remainder of the term. If the local bargaining unit 40 decertifies its existing union affiliation and certifies a new union, 41 the union which represents the plurality of the employees may recommend 42 a new member to the governor who shall serve the remainder of the term. 43 The chairman of the authority, at his or her discretion, may exclude 44 such non-voting member from attending any portion of a meeting of the 45 authority or of any committee held for the purpose of discussing negoti- 46 ations with labor organizations, pending litigation involving the labor 47 organization, or the investigation, evaluation, or discipline of an 48 employee. 49 (c) 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 membersS. 3959 6 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, subject to the same appointment process within this paragraph. 4 § 7. Section 1326 of the public authorities law is amended by adding 5 two new subdivisions 26 and 27 to read as follows: 6 26. "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 27. "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 § 8. Subdivision 1 of section 1328 of the public authorities law, as 15 separately amended by chapters 388 and 396 of the laws of 2007, is 16 amended to read as follows: 17 1. (a) There is hereby created the central New York regional transpor- 18 tation authority. The authority shall be a body corporate and politic 19 constituting a public benefit corporation. It shall consist of not more 20 than twelve members, including a chairman and shall have one non-voting 21 member as described in paragraph (b) of this subdivision, at least one 22 shall be appointed as a representative of the transit dependent communi- 23 ty and at least one shall be appointed as a representative of the para- 24 transit dependent community, as described in paragraph (c) of this 25 subdivision. The members shall be appointed by the governor by and with 26 the advice and consent of the senate. The governor shall make initial 27 appointments to the authority in such number and from lists submitted as 28 follows: three members shall be appointed to the authority from a list 29 of not less than six names, submitted to the governor by the common 30 council of the city of Syracuse, five persons from a list of not less 31 than ten names, submitted by the legislature of the county of Onondaga 32 and two members shall be appointed from a list of not less than four 33 names submitted by the legislature of the county of Oneida. Other coun- 34 ties electing to participate shall each submit to the governor a list of 35 not less than two persons for each one hundred thousand or major frac- 36 tion of the total population, as determined by the nineteen hundred 37 seventy or any subsequent federal decennial or federal county-wide 38 special census, of the counties outside the county of Onondaga which 39 shall elect to participate, from which number the governor shall appoint 40 one member for each one hundred thousand or major fraction of the total 41 population, as determined by such federal decennial or federal county- 42 wide special census, with a maximum of three members to represent such 43 counties outside the county of Onondaga so electing to participate. 44 (b) There shall also be one non-voting member of the authority, which 45 shall not be considered in determining a quorum. The non-voting member 46 shall be recommended to the governor by the labor organization repres- 47 enting the plurality of the employees within the authority. The non-vot- 48 ing member shall be appointed for a term of seven years, provided, 49 however, that if at any time during the term of appointment the non-vot- 50 ing member ceases to be affiliated with the labor organization repres- 51 enting the plurality of employees within the authority, then such labor 52 organization may at any time during such term recommend a new member to 53 the governor who shall serve the remainder of the term. If the local 54 bargaining unit decertifies its existing union affiliation and certifies 55 a new union, the union which represents the plurality of the employees 56 may recommend a new member to the governor who shall serve the remainderS. 3959 7 1 of the term. The chairman of the authority, at his or her discretion, 2 may exclude such non-voting member from attending any portion of a meet- 3 ing of the authority or of any committee held for the purpose of 4 discussing negotiations with labor organizations, pending litigation 5 involving the labor organization, or the investigation, evaluation, or 6 discipline of an employee. 7 (c) There shall be at least two members of the authority appointed by 8 the governor as representatives of the transit dependent and para-tran- 9 sit dependent community. The governor shall make initial appointments to 10 the authority in such number and from lists submitted as follows: at 11 least two members shall be appointed to the authority from a list of not 12 less than four names, submitted to the governor by local and statewide 13 transit advocacy organizations. The members shall be residents of a 14 county described in paragraph (a) of this subdivision. The members 15 shall be appointed for a term of five years. If a vacancy shall occur 16 for these member positions, a replacement shall be appointed within six 17 months, subject to the same appointment process within this paragraph. 18 § 9. This act shall take effect on the ninetieth day after it shall 19 have become a law.
