Bill Text: NY A03341 | 2019-2020 | General Assembly | Introduced


Bill Title: Increases the membership of the board of the Niagara frontier authority to include a representative of the transit dependent community.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-29 - referred to corporations, authorities and commissions [A03341 Detail]

Download: New_York-2019-A03341-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3341
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. NORRIS -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
        AN  ACT to amend the public authorities law, in relation to the composi-
          tion of the board of the Niagara Frontier transportation authority
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 1 of section 1299-c of the public authorities
     2  law, as amended by chapter 220 of the laws of  2012,  paragraph  (b)  as
     3  amended by chapter 197 of the laws of 2017, and paragraph (c) as amended
     4  by chapter 176 of the laws of 2012, is amended to read as follows:
     5    1.  (a)  There  is hereby created the "Niagara Frontier transportation
     6  authority." The authority shall be a body corporate and politic  consti-
     7  tuting  a  public  benefit corporation. The authority shall consist of a
     8  chairman, [ten] eleven other members and shall have [two] one non-voting
     9  [members] member as described in [paragraphs (b) and (c)] paragraph  (b)
    10  of this subdivision appointed by the governor by and with the advice and
    11  consent  of  the senate. The chairman and all members shall be residents
    12  of the district. Of the [ten] eleven members other  than  the  chairman,
    13  one shall be appointed upon the written recommendation of the Erie coun-
    14  ty  executive [and], one shall be appointed upon the written recommenda-
    15  tion of the Erie county legislature, and one shall  be  appointed  as  a
    16  representative  of  the transit dependent community or people with disa-
    17  bilities as described in paragraph (c) of this subdivision.  The  chair-
    18  man  and  each  of  the  members  shall be appointed for a term of eight
    19  years, provided however, that the chairman first appointed  shall  serve
    20  for a term ending June thirtieth, nineteen hundred seventy-three, and of
    21  the  eight  other  members  first  appointed, one shall serve for a term
    22  ending June thirtieth, nineteen hundred sixty-eight, two shall serve for
    23  a term ending June thirtieth, nineteen  hundred  sixty-nine,  one  shall
    24  serve  for  a  term ending June thirtieth, nineteen hundred seventy, two
    25  shall serve for a term ending June thirtieth, nineteen hundred  seventy-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02494-01-9

        A. 3341                             2
     1  one,  one shall serve for a term ending June thirtieth, nineteen hundred
     2  seventy-two and one shall serve for a term ending June thirtieth,  nine-
     3  teen  hundred seventy-three. The term of one of the members appointed to
     4  memberships  first  created  by  law after April first, nineteen hundred
     5  sixty-nine shall end on June thirtieth, nineteen  hundred  seventy-four,
     6  and the term of the other such member shall end on June thirtieth, nine-
     7  teen  hundred  seventy-five. Following the expiration of any term ending
     8  on or after June thirtieth, nineteen hundred eighty-seven,  each  member
     9  shall  be  appointed for a term of five years beginning on the day after
    10  the expiration date of such prior term; provided, however, that the term
    11  of the member first appointed upon the  written  recommendation  of  the
    12  Erie  county  executive  and the term of the member first appointed upon
    13  the written recommendation of the Erie county legislature shall be for a
    14  term ending on June thirtieth, nineteen hundred ninety-six.
    15    (b) The first non-voting member of the  authority  who  shall  not  be
    16  considered in determining a quorum, shall be recommended to the governor
    17  by  the  labor  organization representing the plurality of the employees
    18  within the authority and shall be a resident  of  the  Niagara  Frontier
    19  transportation  district  as described in section twelve hundred ninety-
    20  nine-b of this title. Such first non-voting member  shall  be  appointed
    21  for  a term of five years, provided, however, that if at any time during
    22  the term of appointment such non-voting member ceases to  be  affiliated
    23  with  the  labor  organization  representing  the plurality of employees
    24  within the authority, then such  labor  organization  may  at  any  time
    25  during  such term recommend a new member to the governor who shall serve
    26  the remainder of the term. If the local bargaining unit decertifies  its
    27  existing  union  affiliation  and certifies a new union, the union which
    28  represents the plurality of the employees may recommend a new member  to
    29  the governor who shall serve the remainder of the term.  The chairman of
    30  the  authority,  at  his  or her discretion, may exclude such non-voting
    31  member from attending any portion of a meeting of the  authority  or  of
    32  any committee held for the purpose of discussing negotiations with labor
    33  organizations,  pending  litigation involving the labor organization, or
    34  the investigation, evaluation, or discipline of an employee.
    35    (c) There shall [also] be a second non-voting member of  the  authori-
    36  ty[,  who  shall  not be considered in determining a quorum.  The second
    37  non-voting member shall be] appointed by the  governor  as  a  represen-
    38  tative  of  the transit dependent community and/or people with disabili-
    39  ties. The second non-voting member shall be appointed for a term of five
    40  years.
    41    § 2. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law.
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