Bill Text: NY A02937 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the metropolitan transportation riders' council for persons with disabilities; provides for membership and powers and duties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to corporations, authorities and commissions [A02937 Detail]
Download: New_York-2019-A02937-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2937 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to the board of the metropolitan transportation authority; and in relation to the establishment of the metropolitan transit authority riders' council for persons with disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs 1 and 2 of paragraph (a) of subdivision 1 of 2 section 1263 of the public authorities law, subparagraph 1 as amended by 3 section 3 of part H of chapter 25 of the laws of 2009 and subparagraph 2 4 as amended by chapter 549 of the laws of 1994, are amended to read as 5 follows: 6 (1) There is hereby created the "metropolitan transportation authori- 7 ty." The authority shall be a body corporate and politic constituting a 8 public benefit corporation. The authority shall consist of twenty-four 9 members and shall include a [chairman] chairperson, sixteen other voting 10 members, and [two] three non-voting and four alternate non-voting 11 members, as described in subparagraph two of this paragraph appointed by 12 the governor by and with the advice and consent of the senate. Any 13 member appointed to a term commencing on or after June thirtieth, two 14 thousand nine shall have experience in one or more of the following 15 areas: transportation, public administration, business management, 16 finance, accounting, law, engineering, land use, urban and regional 17 planning, management of large capital projects, labor relations, or have 18 experience in some other area of activity central to the mission of the 19 authority. Four of the sixteen voting members other than the [chairman] 20 chairperson shall be appointed on the written recommendation of the 21 mayor of the city of New York; and each of seven other voting members 22 other than the [chairman] chairperson shall be appointed after selection 23 from a written list of three recommendations from the chief executive EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07361-01-9A. 2937 2 1 officer of the county in which the particular member is required to 2 reside pursuant to the provisions of this subdivision. Of the members 3 appointed on recommendation of the chief executive officer of a county, 4 one such member shall be, at the time of appointment, a resident of the 5 county of Nassau, one a resident of the county of Suffolk, one a resi- 6 dent of the county of Westchester, one a resident of the county of 7 Dutchess, one a resident of the county of Orange, one a resident of the 8 county of Putnam and one a resident of the county of Rockland, provided 9 that the term of any member who is a resident of a county that has with- 10 drawn from the metropolitan commuter transportation district pursuant to 11 section twelve hundred seventy-nine-b of this [article] title shall 12 terminate upon the effective date of such county's withdrawal from such 13 district. Of the five voting members, other than the [chairman] chair- 14 person, appointed by the governor without recommendation from any other 15 person, three shall be, at the time of appointment, residents of the 16 city of New York and two shall be, at the time of appointment, residents 17 of such city or of any of the aforementioned counties in the metropol- 18 itan commuter transportation district. The [chairman] chairperson and 19 each of the members shall be appointed for a term of six years, provided 20 however, that the [chairman] chairperson first appointed shall serve for 21 a term ending June thirtieth, nineteen hundred eighty-one, provided that 22 thirty days after the effective date of [the] chapter twenty-five of the 23 laws of two thousand nine [which amended this subparagraph], the term of 24 the [chairman] chairperson shall expire; provided, further, that such 25 [chairman] chairperson may continue to discharge the duties of his or 26 her office until the position of [chairman] chairperson is filled by 27 appointment by the governor upon the advice and consent of the senate 28 and the term of such new [chairman] chairperson shall terminate June 29 thirtieth, two thousand fifteen. The sixteen other members first 30 appointed shall serve for the following terms: The members from the 31 counties of Nassau and Westchester shall each serve for a term ending 32 June thirtieth, nineteen hundred eighty-five; the members from the coun- 33 ty of Suffolk and from the counties of Dutchess, Orange, Putnam and 34 Rockland shall each serve for a term ending June thirtieth, nineteen 35 hundred ninety-two; two of the members appointed on recommendation of 36 the mayor of the city of New York shall each serve for a term ending 37 June thirtieth, nineteen hundred eighty-four and[,] two shall each serve 38 for a term ending June thirtieth, nineteen hundred eighty-one; two of 39 the members appointed by the governor without the recommendation of any 40 other person shall each serve for a term ending June thirtieth, nineteen 41 hundred eighty-two, two shall each serve for a term ending June thirti- 42 eth, nineteen hundred eighty and one shall serve for a term ending June 43 thirtieth, nineteen hundred eighty-five. The two non-voting and four 44 alternate non-voting members shall serve until January first, two thou- 45 sand one. The members from the counties of Dutchess, Orange, Putnam and 46 Rockland shall cast one collective vote. 47 (2) There shall be [two] three non-voting members and four alternate 48 non-voting members of the authority, as referred to in subparagraph one 49 of this paragraph. 50 The first non-voting member shall be a regular [mass transit] user of 51 the mass transit facilities of the authority and be recommended to the 52 governor by the New York city transit authority advisory council. The 53 first alternate non-voting member shall be a regular [mass transit] user 54 of the mass transit facilities of the authority and be recommended to 55 the governor by the Metro-North commuter council. The second alternate 56 non-voting member shall be a regular [mass transit] user of the massA. 2937 3 1 transit facilities of the authority and be recommended to the governor 2 by the Long Island Rail Road commuter's council. 3 The second non-voting member shall be recommended to the governor by 4 the labor organization representing the majority of employees of the 5 Long Island Rail Road. The third alternate non-voting member shall be 6 recommended to the governor by the labor organization representing the 7 majority of employees of the New York city transit authority. The fourth 8 alternate non-voting member shall be recommended to the governor by the 9 labor organization representing the majority of employees of the Metro- 10 North Commuter Railroad Company. The [chairman] chairperson of the 11 authority, at his or her direction, may exclude such non-voting member 12 or alternate non-voting member from attending any portion of a meeting 13 of the authority or of any committee established pursuant to paragraph 14 (b) of subdivision four of this section held for the purpose of discuss- 15 ing negotiations with labor organizations. 16 The non-voting member and the two alternate non-voting members repres- 17 enting the New York [York] city transit authority advisory council, the 18 Metro-North commuter council, and the Long Island Rail Road commuter's 19 council shall serve eighteen month rotating terms, after which time an 20 alternate non-voting member shall become the non-voting member and the 21 rotation shall continue until each alternate member has served at least 22 one eighteen month term as a non-voting member. The other non-voting 23 member and alternate non-voting members representing the New York city 24 transit authority, Metro-North Commuter Railroad Company, and the Long 25 Island Rail Road labor organizations shall serve eighteen month rotating 26 terms, after which time an alternate non-voting member shall become the 27 non-voting member and the rotation shall continue until each alternate 28 member has served at least one eighteen month term as a non-voting 29 member. The transit authority and the commuter railroads shall not be 30 represented concurrently by the two non-voting members during any such 31 eighteen month period. 32 The third non-voting member shall be a regular user of the mass trans- 33 it facilities of the authority and be recommended to the governor by the 34 metropolitan transportation authority riders' council for people with 35 disabilities and shall serve an eighteen month term. 36 § 2. Paragraph (a) of subdivision 1 of section 1263 of the public 37 authorities law, as amended by section 4 of part H of chapter 25 of the 38 laws of 2009, is amended to read as follows: 39 (a) (1) There is hereby created the "metropolitan transportation 40 authority." The authority shall be a body corporate and politic consti- 41 tuting a public benefit corporation. The authority shall consist of a 42 [chairman and] chairperson, sixteen other voting members appointed by 43 the governor by and with the advice and consent of the senate, and three 44 non-voting and four alternate non-voting members, as described in 45 subparagraph two of this paragraph appointed by the governor by and with 46 the advice and consent of the senate. Any member appointed to a term 47 commencing on or after June thirtieth, two thousand nine shall have 48 experience in one or more of the following areas of expertise: trans- 49 portation, public administration, business management, finance, account- 50 ing, law, engineering, land use, urban and regional planning, management 51 of large capital projects, labor relations, or have experience in some 52 other area of activity central to the mission of the authority. Four of 53 the sixteen members other than the [chairman] chairperson shall be 54 appointed on the written recommendation of the mayor of the city of New 55 York; and each of seven other members other than the [chairman] chair- 56 person shall be appointed after selection from a written list of threeA. 2937 4 1 recommendations from the chief executive officer of the county in which 2 the particular member is required to reside pursuant to the provisions 3 of this subdivision. Of the members appointed on recommendation of the 4 chief executive officer of a county, one such member shall be, at the 5 time of appointment, a resident of the county of Nassau; one a resident 6 of the county of Suffolk; one a resident of the county of Westchester; 7 and one a resident of the county of Dutchess, one a resident of the 8 county of Orange, one a resident of the county of Putnam and one a resi- 9 dent of the county of Rockland, provided that the term of any member who 10 is a resident of a county that has withdrawn from the metropolitan 11 commuter transportation district pursuant to section twelve hundred 12 seventy-nine-b of this [article] title shall terminate upon the effec- 13 tive date of such county's withdrawal from such district. Of the five 14 members, other than the [chairman] chairperson, appointed by the gover- 15 nor without recommendation from any other person, three shall be, at the 16 time of appointment, residents of the city of New York and two shall be, 17 at the time of appointment, residents of such city or of any of the 18 aforementioned counties in the metropolitan commuter transportation 19 district. The [chairman] chairperson and each of the members shall be 20 appointed for a term of six years, provided however, that the [chairman] 21 chairperson first appointed shall serve for a term ending June thirti- 22 eth, nineteen hundred eighty-one, provided that thirty days after the 23 effective date of [the] chapter twenty-five of the laws of two thousand 24 nine [which amended this paragraph], the term of the [chairman] chair- 25 person shall expire; provided, further, that such [chairman] chairperson 26 may continue to discharge the duties of his office until the position of 27 [chairman] chairperson is filled by appointment by the governor upon the 28 advice and consent of the senate and the term of such new [chairman] 29 chairperson shall terminate June thirtieth, two thousand fifteen. The 30 sixteen other members first appointed shall serve for the following 31 terms: The members from the counties of Nassau and Westchester shall 32 each serve for a term ending June thirtieth, nineteen hundred eighty- 33 five; the members from the county of Suffolk and from the counties of 34 Dutchess, Orange, Putnam and Rockland shall each serve for a term ending 35 June thirtieth, nineteen hundred ninety-two; two of the members 36 appointed on recommendation of the mayor of the city of New York shall 37 each serve for a term ending June thirtieth, nineteen hundred eighty- 38 four and[,] two shall each serve for a term ending June thirtieth, nine- 39 teen hundred eighty-one; two of the members appointed by the governor 40 without the recommendation of any other person shall each serve for a 41 term ending June thirtieth, nineteen hundred eighty-two, two shall each 42 serve for a term ending June thirtieth, nineteen hundred eighty and one 43 shall serve for a term ending June thirtieth, nineteen hundred eighty- 44 five. The members from the counties of Dutchess, Orange, Putnam and 45 Rockland shall cast one collective vote. 46 (2) There shall be three non-voting members and four alternate non- 47 voting members of the authority, as referred to in subparagraph one of 48 this paragraph. 49 The first non-voting member shall be a regular user of the mass trans- 50 it facilities of the authority and be recommended to the governor by the 51 New York city transit authority advisory council. The first alternate 52 non-voting member shall be a regular user of the mass transit facilities 53 of the authority and be recommended to the governor by the Metro-North 54 commuter council. The second alternate non-voting member shall be a 55 regular user of the mass transit facilities of the authority and beA. 2937 5 1 recommended to the governor by the Long Island Rail Road commuter's 2 council. 3 The second non-voting member shall be recommended to the governor by 4 the labor organization representing the majority of employees of the 5 Long Island Rail Road. The third alternate non-voting member shall be 6 recommended to the governor by the labor organization representing the 7 majority of employees of the New York city transit authority. The fourth 8 alternate non-voting member shall be recommended to the governor by the 9 labor organization representing the majority of employees of the Metro- 10 North Commuter Railroad Company. The chairperson of the authority, at 11 his or her direction, may exclude such non-voting member or alternate 12 non-voting member from attending any portion of a meeting of the author- 13 ity or of any committee established pursuant to paragraph (b) of subdi- 14 vision four of this section held for the purpose of discussing negoti- 15 ations with labor organizations. 16 The non-voting member and the two alternate non-voting members repres- 17 enting the New York city transit authority advisory council, the Metro- 18 North commuter council, and the Long Island Rail Road commuter's council 19 shall serve eighteen month rotating terms, after which time an alternate 20 non-voting member shall become the non-voting member and the rotation 21 shall continue until each alternate member has served at least one eigh- 22 teen month term as a non-voting member. The other non-voting member and 23 alternate non-voting members representing the New York city transit 24 authority, Metro-North Commuter Railroad Company, and the Long Island 25 Rail Road labor organizations shall serve eighteen month rotating terms, 26 after which time an alternate non-voting member shall become the non- 27 voting member and the rotation shall continue until each alternate 28 member has served at least one eighteen month term as a non-voting 29 member. The transit authority and the commuter railroads shall not be 30 represented concurrently by the two non-voting members during any such 31 eighteen month period. 32 The third non-voting member shall be a regular user of the mass trans- 33 it facilities of the authority and be recommended to the governor by the 34 metropolitan transportation authority riders' council for people with 35 disabilities and shall serve an eighteen month term. 36 § 3. The public authorities law is amended by adding a new section 37 1266-l to read as follows: 38 § 1266-l. Metropolitan transportation authority riders' council for 39 persons with disabilities. 1. There is hereby created the "metropolitan 40 transportation authority riders' council for persons with disabilities", 41 to study, investigate, monitor, and make recommendations with respect to 42 the accommodation of the needs and convenience of people with disabili- 43 ties to the metropolitan transportation authority and its subsidiaries 44 within the metropolitan commuter transportation district. Such council 45 shall study and investigate all aspects of the day-to-day operations of 46 such authority and its subsidiaries, monitor their performance, and 47 recommend changes to improve the efficiency of the operation thereof all 48 with respect to the accommodation of the needs and convenience of people 49 with disabilities. 50 2. Such council shall consist of fifteen members who shall be commu- 51 ters who regularly use the transportation services of such authorities 52 and who are people with disabilities as defined in any applicable state 53 or federal law. Each member shall be appointed by the governor, one 54 upon the recommendation of the mayor of the city of New York; one upon 55 the recommendation of the president of the city council of the city of 56 New York; one upon the recommendation of the New York state comptroller;A. 2937 6 1 five other members upon the recommendation of each of the borough presi- 2 dents of the boroughs of the city of New York; one upon the recommenda- 3 tion by the county executive of Nassau; one upon the recommendation by 4 the county executive of Suffolk; one upon the recommendation by the 5 county executive of Westchester; one upon the recommendation by the 6 county executive of Rockland; one upon the recommendation by the county 7 executive of Putnam; one upon the recommendation by the county executive 8 of Dutchess; and one upon the recommendation by the county executive of 9 Orange. The chair shall be a member selected by the membership of the 10 committee. Each of the members shall serve for a term of two years. 11 Vacancies that occur other than by expiration of term shall be filled in 12 the same manner as the original appointments for the balance of the 13 unexpired term. 14 3. The members of the council shall receive no compensation for their 15 services but shall be reimbursed for actual and necessary expenses 16 incurred in the performance of their duties. 17 4. To the extent that any funds are made available to the council for 18 the purposes of this subdivision, the council may provide resources as 19 are necessary to provide support services to the council as necessary or 20 convenient to allow members to perform their duties including, but not 21 limited to, transportation, telecommunications and accessible technology 22 support, and may employ additional staff and consultants and incur other 23 expenses to carry out its duties, to be paid from amounts which may be 24 made available to the council for such purpose. 25 5. The council may request and shall receive from any department, 26 division, board, bureau, commission, agency, public authority of the 27 state or any political subdivision thereof such assistance and data as 28 will enable it properly to carry out its activities under this section 29 and effectuate the purposes set forth in this section. 30 § 4. This act shall take effect immediately; provided that the amend- 31 ments to subparagraphs 1 and 2 of paragraph (a) of subdivision 1 of 32 section 1263 of the public authorities law made by section one of this 33 act shall be subject to the expiration and reversion of such paragraph 34 pursuant to chapter 549 of the laws of 1994 as amended, when upon such 35 date the provisions of section two of this act shall take effect.
