STATE OF NEW YORK
________________________________________________________________________
1865
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
___________
Introduced by Sen. ORTT -- 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 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
S. 1865 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.
