S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6536

                            I N  S E N A T E

                            February 23, 2012
                               ___________

Introduced  by  Sen. MAZIARZ -- 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 Niagara Frontier transportation authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 1299-c of the  public  authorities
law,  as  amended by chapter 388 of the laws of 2007, is amended to read
as follows:
  1. (a) There is hereby created the  "Niagara  Frontier  transportation
authority."  The authority shall be a body corporate and politic consti-
tuting a public benefit corporation. The authority shall  consist  of  a
chairman, ten other members and shall have [one] TWO non-voting [member]
MEMBERS  as  described  in  [paragraph]  PARAGRAPHS  (b) AND (C) of this
subdivision appointed by the governor by and with the advice and consent
of the senate. The chairman and all members shall be  residents  of  the
district.  Of  the  ten  members  other  than the chairman, one shall be
appointed upon the written recommendation of the Erie  county  executive
and  one  shall be appointed upon the written recommendation of the Erie
county legislature. The chairman  and  each  of  the  members  shall  be
appointed for a term of eight years, provided however, that the chairman
first  appointed  shall serve for a term ending June thirtieth, nineteen
hundred seventy-three, and of the eight other members  first  appointed,
one  shall  serve  for  a  term  ending June thirtieth, nineteen hundred
sixty-eight, two shall serve for a term ending June thirtieth,  nineteen
hundred  sixty-nine,  one  shall serve for a term ending June thirtieth,
nineteen hundred seventy, two shall serve for a term ending June thirti-
eth, nineteen hundred seventy-one, one shall serve  for  a  term  ending
June  thirtieth,  nineteen hundred seventy-two and one shall serve for a
term ending June thirtieth, nineteen hundred seventy-three. The term  of
one  of  the members appointed to memberships first created by law after
April first, nineteen hundred sixty-nine shall end  on  June  thirtieth,
nineteen  hundred  seventy-four,  and  the term of the other such member
shall end on June thirtieth, nineteen  hundred  seventy-five.  Following

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14769-01-2

S. 6536                             2

the  expiration  of any term ending on or after June thirtieth, nineteen
hundred eighty-seven, each member shall be appointed for a term of  five
years beginning on the day after the expiration date of such prior term;
provided,  however, that the term of the member first appointed upon the
written recommendation of the Erie county executive and the term of  the
member first appointed upon the written recommendation of the Erie coun-
ty  legislature  shall  be for a term ending on June thirtieth, nineteen
hundred ninety-six.
  (b) [There shall also be one]  THE  FIRST  non-voting  member  of  the
authority[, which] WHO shall not be considered in determining a quorum[.
The  non-voting  member],  shall  be  recommended to the governor by the
labor organization representing the plurality of  the  employees  within
the  authority and shall be a resident of the Niagara Frontier transpor-
tation district as described in section twelve hundred ninety-nine-b  of
this  title. [The] SUCH FIRST non-voting member shall be appointed for a
term of eight years, provided, however, that if at any time  during  the
term of appointment [the] SUCH non-voting member ceases to be affiliated
with  the  labor  organization  representing  the plurality of employees
within the authority, then such  labor  organization  may  at  any  time
during  such term recommend a new member to the governor who shall serve
the remainder of the term. If the local bargaining unit decertifies  its
existing  union  affiliation  and certifies a new union, the union which
represents the plurality of the employees may recommend a new member  to
the  governor who shall serve the remainder of the term. The chairman of
the authority, at his or her discretion,  may  exclude  such  non-voting
member  from  attending  any portion of a meeting of the authority or of
any committee held for the purpose of discussing negotiations with labor
organizations, pending litigation involving the labor  organization,  or
the investigation, evaluation, or discipline of an employee.
  (C)  THERE  SHALL ALSO BE A SECOND NON-VOTING MEMBER OF THE AUTHORITY,
WHO SHALL NOT BE CONSIDERED IN DETERMINING A QUORUM. THE SECOND NON-VOT-
ING MEMBER SHALL BE APPOINTED BY THE GOVERNOR AS A REPRESENTATIVE OF THE
TRANSIT DEPENDENT  AND/OR  DISABLED  COMMUNITY.  THE  SECOND  NON-VOTING
MEMBER  SHALL  BE  APPOINTED  FOR A TERM OF FIVE YEARS. THE CHAIR OF THE
AUTHORITY, AT HIS OR HER DISCRETION, MAY EXCLUDE SUCH NON-VOTING  MEMBER
FROM  ATTENDING  ANY  PORTION  OF  A  MEETING OF THE AUTHORITY OR OF ANY
COMMITTEE HELD PURSUANT TO THE EXECUTIVE SESSION PROVISIONS OF THE  OPEN
MEETINGS LAW.
  S 2. This act shall take effect immediately.