Bill Text: NY S03656 | 2019-2020 | 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 2-0)

Status: (Engrossed) 2019-03-19 - referred to corporations, authorities and commissions [S03656 Detail]

Download: New_York-2019-S03656-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3656
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 11, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- 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.
                                                                   LBD03819-02-9

        S. 3656                             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 statewide

        S. 3656                             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 388 of the laws of 2007, 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 one non-voting member as described in para-
    26  graph (b) of this subdivision, at least one  shall  be  appointed  as  a
    27  representative of the transit dependent community and at least one shall
    28  be  appointed as a representative of the para-transit dependent communi-
    29  ty, as described in paragraph (c) of  this  subdivision.    The  members
    30  shall be appointed by the governor by and with the advice and consent of
    31  the senate. The governor shall make initial appointments to the authori-
    32  ty  in  such  number  and from lists submitted as follows: three members
    33  shall be appointed to the authority from a list of  not  less  than  six
    34  names, all of whom must be residents of the city of Rochester, submitted
    35  to  the  governor  by the council of the city of Rochester; four persons
    36  from a list of not less than eight persons, all of whom  must  be  resi-
    37  dents of the county of Monroe submitted by the legislature of the county
    38  of  Monroe.  Other counties electing to participate shall each submit to
    39  the governor a list of not less than two persons for  each  one  hundred
    40  thousand or major fraction of the total population, as determined by the
    41  last  federal  decennial or federal county-wide special census. From the
    42  counties outside the county of Monroe which shall elect to  participate,
    43  the  governor  shall appoint one member for each one hundred thousand or
    44  major fraction of the total population, as determined by the last feder-
    45  al decennial or federal county-wide special census, with  a  minimum  of
    46  one  member  to  represent  each  county outside the county of Monroe so
    47  electing to participate. All members of the authority shall be residents
    48  of the area from which they are nominated.
    49    (b) There shall also be one non-voting member of the authority,  which
    50  shall  not  be considered in determining a quorum. The non-voting member
    51  shall be recommended to the governor by the labor  organization  repres-
    52  enting  the plurality of the employees within the authority and shall be
    53  a resident of the Rochester-Genesee regional transportation district  as
    54  described  in  section  twelve hundred ninety-nine-cc of this title. The
    55  non-voting member shall be appointed for a term of five years, provided,
    56  however, that if at any time during the term of appointment the non-vot-

        S. 3656                             4
     1  ing member ceases to be affiliated with the labor  organization  repres-
     2  enting  the plurality of employees within the authority, then such labor
     3  organization may at any time during such term recommend a new member  to
     4  the  governor  who  shall  serve the remainder of the term. If the local
     5  bargaining unit decertifies its existing union affiliation and certifies
     6  a new union, the union which represents the plurality of  the  employees
     7  may recommend a new member to the governor who shall serve the remainder
     8  of  the  term.  The chairman of the authority, at his or her discretion,
     9  may exclude such non-voting member from attending any portion of a meet-
    10  ing of the authority or  of  any  committee  held  for  the  purpose  of
    11  discussing  negotiations  with  labor  organizations, pending litigation
    12  involving the labor organization, or the investigation,  evaluation,  or
    13  discipline of an employee.
    14    (c)  There shall be at least two members of the authority appointed by
    15  the governor as representatives of the transit dependent and  para-tran-
    16  sit dependent community. The governor shall make initial appointments to
    17  the  authority  in  such  number and from lists submitted as follows: at
    18  least two members shall be appointed to the authority from a list of not
    19  less than four names, submitted to the governor by local  and  statewide
    20  transit  advocacy  organizations.  The  members  shall be residents of a
    21  county described in paragraph (a) of  this  subdivision.    The  members
    22  shall  be  appointed  for a term of five years. If a vacancy shall occur
    23  for these member positions, a replacement shall be appointed within  six
    24  months, subject to the same appointment process within this paragraph.
    25    §  5.  Section 1301 of the public authorities law is amended by adding
    26  two new subdivisions 26 and 27 to read as follows:
    27    26. "Transit dependent" shall mean an individual  who  is  limited  to
    28  public transit as their primary mode of transportation because the indi-
    29  vidual, (a) has no means of private transportation; (b) is elderly (over
    30  age  65);  (c) is a youth (under age 18); or (d) lives below the poverty
    31  or median income levels as defined by the U.S. Census Bureau.
    32    27. "Para-transit dependent" shall mean an individual who  is  limited
    33  to  public  transit  as their primary mode of transportation and who has
    34  either a permanent or temporary disability.
    35    § 6. Subdivision 1 of section 1303 of the public authorities  law,  as
    36  amended  by  chapter  388  of  the  laws  of 2007, is amended to read as
    37  follows:
    38    1. (a) There is hereby created  the  Capital  District  transportation
    39  authority.  The  authority shall be a body corporate and politic consti-
    40  tuting a public benefit corporation. It shall consist of not  less  than
    41  eight nor more than fifteen members, including a chairman and shall have
    42  one non-voting member as described in paragraph (b) of this subdivision,
    43  at  least  one  shall  be  appointed  as a representative of the transit
    44  dependent community and at least one shall be appointed as  a  represen-
    45  tative  of  the  para-transit dependent community, as described in para-
    46  graph (c) of this subdivision.  The members shall be  appointed  by  the
    47  governor  by and with the advice and consent of the senate. The governor
    48  shall make initial appointments to the authority in such number and from
    49  lists submitted as follows: three members  shall  be  appointed  to  the
    50  authority  from  a  list of six names, all of whom shall be residents of
    51  the county of Albany, four of which names  shall  be  submitted  to  the
    52  governor by the majority party of the legislature of the county of Alba-
    53  ny  and  two  of which names shall be submitted by the minority party of
    54  such legislature; two members shall be appointed to the authority from a
    55  list of four names, all of whom shall be  residents  of  the  county  of
    56  Schenectady,  three of which names shall be submitted to the governor by

        S. 3656                             5
     1  the majority party of the legislature of the county of  Schenectady  and
     2  one  of  which  names  shall  be submitted by the minority party of such
     3  legislature; two members shall be appointed to the authority from a list
     4  of  four  names, all of whom shall be residents of the county of Rensse-
     5  laer, three of which names shall be submitted to  the  governor  by  the
     6  majority party of the legislature of the county of Rensselaer and one of
     7  which  names  shall  be submitted by the minority party of such legisla-
     8  ture; two members shall be appointed to the authority  from  a  list  of
     9  four  names,  all  of whom shall be residents of the county of Saratoga,
    10  three of which names shall be submitted to the governor by the  majority
    11  party  of  the  legislature  of  the county of Saratoga and one of which
    12  names shall be submitted by the  minority  party  of  such  legislature.
    13  Other counties electing to participate shall each submit to the governor
    14  a  list  of two persons each of whom shall be a resident of such county,
    15  one of which names shall be submitted to the governor  by  the  majority
    16  party  of the legislature of such county and one of which names shall be
    17  submitted by the minority party of such legislature, from  which  number
    18  the  governor  shall appoint one member for each such county so electing
    19  to participate.
    20    (b) There shall also be one non-voting member of the authority,  which
    21  shall  not  be considered in determining a quorum. The non-voting member
    22  shall be recommended to the governor by the labor  organization  repres-
    23  enting  the plurality of the employees within the authority and shall be
    24  a resident of the Capital District transportation district as  described
    25  in  section  thirteen  hundred  two of this title. The non-voting member
    26  shall be appointed for a term of five years, provided, however, that  if
    27  at  any time during the term of appointment the non-voting member ceases
    28  to be affiliated with the labor organization representing the  plurality
    29  of  employees  within the authority, then such labor organization may at
    30  any time during such term recommend a new member  to  the  governor  who
    31  shall  serve  the  remainder  of  the term. If the local bargaining unit
    32  decertifies its existing union affiliation and certifies  a  new  union,
    33  the  union which represents the plurality of the employees may recommend
    34  a new member to the governor who shall serve the remainder of the  term.
    35  The  chairman  of  the  authority, at his or her discretion, may exclude
    36  such non-voting member from attending any portion of a  meeting  of  the
    37  authority or of any committee held for the purpose of discussing negoti-
    38  ations  with labor organizations, pending litigation involving the labor
    39  organization, or the investigation,  evaluation,  or  discipline  of  an
    40  employee.
    41    (c)  There shall be at least two members of the authority appointed by
    42  the governor as representatives of the transit dependent and  para-tran-
    43  sit dependent community. The governor shall make initial appointments to
    44  the  authority  in  such  number and from lists submitted as follows: at
    45  least two members shall be appointed to the authority from a list of not
    46  less than four names, submitted to the governor by local  and  statewide
    47  transit  advocacy  organizations.  The  members  shall be residents of a
    48  county described in paragraph (a) of  this  subdivision.    The  members
    49  shall  be  appointed  for a term of five years. If a vacancy shall occur
    50  for these member positions, a replacement shall be appointed within  six
    51  months, subject to the same appointment process within this paragraph.
    52    §  7.  Section 1326 of the public authorities law is amended by adding
    53  two new subdivisions 26 and 27 to read as follows:
    54    26. "Transit dependent" shall mean an individual  who  is  limited  to
    55  public transit as their primary mode of transportation because the indi-
    56  vidual, (a) has no means of private transportation; (b) is elderly (over

        S. 3656                             6
     1  age  65);  (c) is a youth (under age 18); or (d) lives below the poverty
     2  or median income levels as defined by the U.S. Census Bureau.
     3    27.  "Para-transit  dependent" shall mean an individual who is limited
     4  to public transit as their primary mode of transportation  and  who  has
     5  either a permanent or temporary disability.
     6    §  8.  Subdivision 1 of section 1328 of the public authorities law, as
     7  separately amended by chapters 388 and 396  of  the  laws  of  2007,  is
     8  amended to read as follows:
     9    1. (a) There is hereby created the central New York regional transpor-
    10  tation  authority.  The  authority shall be a body corporate and politic
    11  constituting a public benefit corporation. It shall consist of not  more
    12  than  twelve members, including a chairman and shall have one non-voting
    13  member as described in paragraph (b) of this subdivision, at  least  one
    14  shall be appointed as a representative of the transit dependent communi-
    15  ty  and at least one shall be appointed as a representative of the para-
    16  transit dependent community, as  described  in  paragraph  (c)  of  this
    17  subdivision.  The members shall be appointed by the governor by and with
    18  the  advice  and  consent of the senate. The governor shall make initial
    19  appointments to the authority in such number and from lists submitted as
    20  follows: three members shall be appointed to the authority from  a  list
    21  of  not  less  than  six  names, submitted to the governor by the common
    22  council of the city of Syracuse, five persons from a list  of  not  less
    23  than  ten  names, submitted by the legislature of the county of Onondaga
    24  and two members shall be appointed from a list of  not  less  than  four
    25  names  submitted by the legislature of the county of Oneida. Other coun-
    26  ties electing to participate shall each submit to the governor a list of
    27  not less than two persons for each one hundred thousand or  major  frac-
    28  tion  of  the  total  population,  as determined by the nineteen hundred
    29  seventy or any  subsequent  federal  decennial  or  federal  county-wide
    30  special  census,  of  the  counties outside the county of Onondaga which
    31  shall elect to participate, from which number the governor shall appoint
    32  one member for each one hundred thousand or major fraction of the  total
    33  population,  as  determined by such federal decennial or federal county-
    34  wide special census, with a maximum of three members to  represent  such
    35  counties outside the county of Onondaga so electing to participate.
    36    (b)  There shall also be one non-voting member of the authority, which
    37  shall not be considered in determining a quorum. The  non-voting  member
    38  shall  be  recommended to the governor by the labor organization repres-
    39  enting the plurality of the employees within the authority. The non-vot-
    40  ing member shall be appointed for  a  term  of  seven  years,  provided,
    41  however, that if at any time during the term of appointment the non-vot-
    42  ing  member  ceases to be affiliated with the labor organization repres-
    43  enting the plurality of employees within the authority, then such  labor
    44  organization  may at any time during such term recommend a new member to
    45  the governor who shall serve the remainder of the  term.  If  the  local
    46  bargaining unit decertifies its existing union affiliation and certifies
    47  a  new  union, the union which represents the plurality of the employees
    48  may recommend a new member to the governor who shall serve the remainder
    49  of the term. The chairman of the authority, at his  or  her  discretion,
    50  may exclude such non-voting member from attending any portion of a meet-
    51  ing  of  the  authority  or  of  any  committee  held for the purpose of
    52  discussing negotiations with  labor  organizations,  pending  litigation
    53  involving  the  labor organization, or the investigation, evaluation, or
    54  discipline of an employee.
    55    (c) There shall be at least two members of the authority appointed  by
    56  the  governor as representatives of the transit dependent and para-tran-

        S. 3656                             7
     1  sit dependent community. The governor shall make initial appointments to
     2  the authority in such number and from lists  submitted  as  follows:  at
     3  least two members shall be appointed to the authority from a list of not
     4  less  than  four names, submitted to the governor by local and statewide
     5  transit advocacy organizations. The members  shall  be  residents  of  a
     6  county  described  in  paragraph  (a) of this subdivision.   The members
     7  shall be appointed for a term of five years. If a  vacancy  shall  occur
     8  for  these member positions, a replacement shall be appointed within six
     9  months, subject to the same appointment process within this paragraph.
    10    § 9. This act shall take effect on the ninetieth day  after  it  shall
    11  have become a law.
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