NY State Senate Bill 2017-S5106A

Senate Bill S5106A

2017-2018 Legislative Session

Requires the appointment of a transit dependent and para-transit dependent representative on various transporation authorities

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 22, 2018	print number 5106a
Jun 22, 2018	amend and recommit to transportation
Jan 03, 2018	referred to transportation
Mar 08, 2017	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S5106 - Details

See Assembly Version of this Bill:: A11139
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1299-a, 1299-c, 1299-bb, 1299-dd, 1301, 1303, 1326 & 1328, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S487
2015-2016: S1500
2019-2020: S3656, A6168
2021-2022: S3959

2017-S5106 - Summary

Requires the appointment of a transit dependent and para-transit dependent representative on various transportation authorities.

2017-S5106 - Sponsor Memo

                                 BILL NUMBER:  S5106

 TITLE OF BILL :

An act to amend the public authorities law, in relation to various
transportation authorities

 PURPOSE OR GENERAL IDEA OF BILL :

Requires the appointment of a transit dependent and a para-transit
dependent representative on various transportation authorities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 - Section 1299-a of the public authorities law is amended by
adding two new subdivisions 18 and 19, which define the terms 'transit
dependent' and 'para-transit dependent'.

Section 2 - Subdivision 1 of Section 1299-c of the public authorities
law, as amended by chapter 220 of the laws of 2012, paragraph (c) as
amended by chapter 176 of the laws of 2012, is amended to require that
the Niagara Frontier Transportation Authority add two additional
voting members to the Board, one transit dependent and one
para-transit dependent, appointed by the Governor and to serve 5 year
terms.

Section 3 - Section 1299-bb of the public authorities law is amended
by adding two new subdivisions 25 and 26, which define the terms
'transit dependent' and 'para-transit dependent'.

Section 4 - Subdivision 1 of Section 1299-dd of the public authorities
law, as amended by chapter 388 of the laws of 2007, is amended so that
the Rochester-Genesee Regional Transportation Authority requires as
members at least one transit dependent person and one para-transit
dependent person, appointed by the Governor and to serve 5 year terms.

Section 5 - Section 1301 of the public authorities law is amended by
adding two new subdivisions 26 and 27, which define the terms 'transit
dependent' and 'para-transit dependent'.

Section 6 - Subdivision 1 of Section 1303 of the public authorities
law, as amended by chapter 388 of the laws of 2007, is amended so that
the Capital District Transportation Authority requires as members at
least one transit dependent person and one para-transit dependent
person, appointed by the Governor and to serve 5 year terms.

Section 7 - Section 1326 of the public authorities law is amended by
adding two new subdivisions 26 and 27, which define the terms 'transit
dependent' and 'para-transit dependent'.

Section 8 - Subdivision 1 of Section 1328 of the public authorities
law, as separately amended by chapters 388 and 396 of the laws of
2007, is amended so that the Central New York Regional Transportation
Authority requires as members at least one transit dependent person
and one para-transit dependent person, appointed by the Governor and
to serve 5 year terms.

 JUSTIFICATION :

Transit dependent and Para-transit dependent communities throughout
upstate New York have recently witnessed a reduction in routes
serviced and an increase in fees, given the tight fiscal climate and
overall economic stresses of the past several years. Key decisions
regarding re-routing, termination of certain bus and train lines, and
rate increases have been made and it is important that when

contemplating these issues, regional transportation authority's hear
the voices of those most directly affected.

This legislation requires that the Niagara Frontier Transportation
Authority, the Rochester-Genesee Transportation Authority, the Capital
District Transportation Authority, and the Central New York Regional
Transportation Authority consist of at least two voting members, one
of whom is from the transit dependent community and one of whom is
from the para-transit dependent community.

These individuals will serve 5 year terms and be appointed by the
Governor. Local and statewide transit advocacy organizations will
Submit to the Governor at least 4 names, from which two qualified
individuals will be selected.

Public transit systems are very important to a wide variety of
communities across the state, who rely upon them for access to
services, healthcare, and employment, affordable means of
transportation, and the efficient movement of people throughout
regions. These communities often consist of low to moderate income
individuals, senior citizens, disabled persons, or youths. Their needs
are unique to each region, and including them in the decision-making
process would inform each regional transportation authority of the
specific needs and challenges faced by a region.

 PRIOR LEGISLATIVE HISTORY :

2013-14 S.487 REFERRED TO TRANSPORTATION
2015-16: S.1500 REFERRED TO TRANSPORTATION

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S5106 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5106
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  MARCHIONE,  VALESKY  --  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:
 
   Section  1. Section 1299-a of the public authorities law is amended by
 adding two new subdivisions 18 and 19 to read as follows:
   18. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE  65);  (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   19. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO  IS  LIMITED
 TO  PUBLIC  TRANSIT  AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   § 2. Subdivision 1 of section 1299-c of the public authorities law, as
 amended by chapter 220 of the laws of 2012, paragraph (c) as amended  by
 chapter 176 of the laws of 2012, 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] NOT MORE THAN TWELVE other members and  shall  have  two
 non-voting members as described in paragraphs (b) and (c) of this subdi-
 vision  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, 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.

                                                            LBD00888-01-7

 S. 5106                             2
 
 TATIVE  OF  THE  TRANSIT  DEPENDENT  COMMUNITY AND AT LEAST ONE SHALL BE
 APPOINTED AS A REPRESENTATIVE OF THE PARA-TRANSIT  DEPENDENT  COMMUNITY,
 AS  DESCRIBED  IN  PARAGRAPH  (D) OF THIS SUBDIVISION.  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  thirtieth, 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, nine-
 teen  hundred  seventy-five. Following 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 county legislature shall be for a
 term ending on June thirtieth, nineteen hundred ninety-six.
   (b) The first non-voting member of the  authority  who  shall  not  be
 considered in determining a quorum, 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
 transportation  district  as described in section twelve hundred ninety-
 nine-b of this title. 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 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 community and/or people with disabilities. The  second
 non-voting member shall be appointed for a term of five years.
   (D)  THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
 THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND  PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE  AUTHORITY  IN  SUCH  NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL  AND  STATEWIDE

 S. 5106                             3
 
 TRANSIT  ADVOCACY  ORGANIZATIONS.  THE  MEMBERS  SHALL BE RESIDENTS OF A
 COUNTY DESCRIBED IN PARAGRAPH (A) OF  THIS  SUBDIVISION.    THE  MEMBERS
 SHALL  BE  APPOINTED  FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS.
   § 3. Section 1299-bb of the  public  authorities  law  is  amended  by
 adding two new subdivisions 25 and 26 to read as follows:
   25.  "TRANSIT  DEPENDENT"  SHALL  MEAN AN INDIVIDUAL WHO IS LIMITED TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW  THE  POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   26.  "PARA-TRANSIT  DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
 TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION  AND  WHO  HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   §  4.  Subdivision 1 of section 1299-dd 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 Rochester-Genesee regional trans-
 portation authority. The authority shall be a body corporate and politic
 constituting a public benefit corporation. It shall consist of at  least
 one  member  from  each  county that elects to join the authority except
 that the county of Monroe shall have seven members of whom  three  shall
 be appointed from the city of Rochester and four at large from the coun-
 ty  of Monroe and shall have one non-voting member as described in para-
 graph (b) of this subdivision, AT LEAST ONE  SHALL  BE  APPOINTED  AS  A
 REPRESENTATIVE OF THE TRANSIT DEPENDENT COMMUNITY AND AT LEAST ONE SHALL
 BE  APPOINTED AS A REPRESENTATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNI-
 TY, AS DESCRIBED IN PARAGRAPH (C) OF  THIS  SUBDIVISION.    The  members
 shall be appointed by the governor by and with the advice and consent of
 the senate. The governor shall make initial appointments to the authori-
 ty  in  such  number  and from lists submitted as follows: three members
 shall be appointed to the authority from a list of  not  less  than  six
 names, all of whom must be residents of the city of Rochester, submitted
 to  the  governor  by the council of the city of Rochester; four persons
 from a list of not less than eight persons, all of whom  must  be  resi-
 dents of the county of Monroe submitted by the legislature of the county
 of  Monroe.  Other counties electing to participate shall each submit to
 the governor a list of not less than two persons for  each  one  hundred
 thousand or major fraction of the total population, as determined by the
 last  federal  decennial or federal county-wide special census. From the
 counties outside the county of Monroe which shall elect to  participate,
 the  governor  shall appoint one member for each one hundred thousand or
 major fraction of the total population, as determined by the last feder-
 al decennial or federal county-wide special census, with  a  minimum  of
 one  member  to  represent  each  county outside the county of Monroe so
 electing to participate. All members of the authority shall be residents
 of the area from which they are nominated.
   (b) There shall also be one non-voting member of the authority,  which
 shall  not  be considered in determining a quorum. The non-voting member
 shall be recommended to the governor by the labor  organization  repres-
 enting  the plurality of the employees within the authority and shall be
 a resident of the Rochester-Genesee regional transportation district  as
 described  in  section  twelve hundred ninety-nine-cc of this title. The
 non-voting member shall be appointed for a term of five years, provided,
 however, that if at any time during the term of appointment the non-vot-

 S. 5106                             4
 
 ing member ceases to be affiliated with the labor  organization  repres-
 enting  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 meet-
 ing 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 BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
 THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND  PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE  AUTHORITY  IN  SUCH  NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL  AND  STATEWIDE
 TRANSIT  ADVOCACY  ORGANIZATIONS.  THE  MEMBERS  SHALL BE RESIDENTS OF A
 COUNTY DESCRIBED IN PARAGRAPH (A) OF  THIS  SUBDIVISION.    THE  MEMBERS
 SHALL  BE  APPOINTED  FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
 FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN  SIX
 MONTHS.
   §  5.  Section 1301 of the public authorities law is amended by adding
 two new subdivisions 26 and 27 to read as follows:
   26. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE  65);  (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   27. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO  IS  LIMITED
 TO  PUBLIC  TRANSIT  AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   § 6. Subdivision 1 of section 1303 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  Capital  District  transportation
 authority.  The  authority shall be a body corporate and politic consti-
 tuting a public benefit corporation. It shall consist of not  less  than
 eight nor more than fifteen members, including a chairman and shall have
 one non-voting member as described in paragraph (b) of this subdivision,
 AT  LEAST  ONE  SHALL  BE  APPOINTED  AS A REPRESENTATIVE OF THE TRANSIT
 DEPENDENT COMMUNITY AND AT LEAST ONE SHALL BE APPOINTED AS  A  REPRESEN-
 TATIVE  OF  THE  PARA-TRANSIT DEPENDENT COMMUNITY, AS DESCRIBED IN PARA-
 GRAPH (C) OF THIS SUBDIVISION.  The members shall be  appointed  by  the
 governor  by and with the advice and consent of the senate. The governor
 shall make initial appointments to the authority in such number and from
 lists submitted as follows: three members  shall  be  appointed  to  the
 authority  from  a  list of six names, all of whom shall be residents of
 the county of Albany, four of which names  shall  be  submitted  to  the
 governor by the majority party of the legislature of the county of Alba-
 ny  and  two  of which names shall be submitted by the minority party of
 such legislature; two members shall be appointed to the authority from a
 list of four names, all of whom shall be  residents  of  the  county  of
 Schenectady,  three of which names shall be submitted to the governor by

 S. 5106                             5
 
 the majority party of the legislature of the county of  Schenectady  and
 one  of  which  names  shall  be submitted by the minority party of such
 legislature; two members shall be appointed to the authority from a list
 of  four  names, all of whom shall be residents of the county of Rensse-
 laer, three of which names shall be submitted to  the  governor  by  the
 majority party of the legislature of the county of Rensselaer and one of
 which  names  shall  be submitted by the minority party of such legisla-
 ture; two members shall be appointed to the authority  from  a  list  of
 four  names,  all  of whom shall be residents of the county of Saratoga,
 three of which names shall be submitted to the governor by the  majority
 party  of  the  legislature  of  the county of Saratoga and one of which
 names shall be submitted by the  minority  party  of  such  legislature.
 Other counties electing to participate shall each submit to the governor
 a  list  of two persons each of whom shall be a resident of such county,
 one of which names shall be submitted to the governor  by  the  majority
 party  of the legislature of such county and one of which names shall be
 submitted by the minority party of such legislature, from  which  number
 the  governor  shall appoint one member for each such county so electing
 to participate.
   (b) There shall also be one non-voting member of the authority,  which
 shall  not  be considered in determining a quorum. The non-voting member
 shall be recommended to the governor by the labor  organization  repres-
 enting  the plurality of the employees within the authority and shall be
 a resident of the Capital District transportation district as  described
 in  section  thirteen  hundred  two of this title. The non-voting member
 shall be appointed for a term of five years, provided, however, that  if
 at  any time during the term of appointment the 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 negoti-
 ations  with labor organizations, pending litigation involving the labor
 organization, or the investigation,  evaluation,  or  discipline  of  an
 employee.
   (C)  THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
 THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND  PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE  AUTHORITY  IN  SUCH  NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL  AND  STATEWIDE
 TRANSIT  ADVOCACY  ORGANIZATIONS.  THE  MEMBERS  SHALL BE RESIDENTS OF A
 COUNTY DESCRIBED IN PARAGRAPH (A) OF  THIS  SUBDIVISION.    THE  MEMBERS
 SHALL  BE  APPOINTED  FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
 FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN  SIX
 MONTHS.
   §  7.  Section 1326 of the public authorities law is amended by adding
 two new subdivisions 26 and 27 to read as follows:
   26. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER

 S. 5106                             6
 
 AGE  65);  (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   27.  "PARA-TRANSIT  DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
 TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION  AND  WHO  HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   §  8.  Subdivision 1 of section 1328 of the public authorities law, as
 separately amended by chapters 388 and 396  of  the  laws  of  2007,  is
 amended to read as follows:
   1. (a) There is hereby created the central New York regional transpor-
 tation  authority.  The  authority shall be a body corporate and politic
 constituting a public benefit corporation. It shall consist of not  more
 than  twelve members, including a chairman and shall have one non-voting
 member as described in paragraph (b) of this subdivision, AT  LEAST  ONE
 SHALL BE APPOINTED AS A REPRESENTATIVE OF THE TRANSIT DEPENDENT COMMUNI-
 TY  AND AT LEAST ONE SHALL BE APPOINTED AS A REPRESENTATIVE OF THE PARA-
 TRANSIT DEPENDENT COMMUNITY, AS  DESCRIBED  IN  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION.  The members shall be appointed by the governor by and with
 the  advice  and  consent of the senate. The governor shall make initial
 appointments to the authority in such number and from lists submitted as
 follows: three members shall be appointed to the authority from  a  list
 of  not  less  than  six  names, submitted to the governor by the common
 council of the city of Syracuse, five persons from a list  of  not  less
 than  ten  names, submitted by the legislature of the county of Onondaga
 and two members shall be appointed from a list of  not  less  than  four
 names  submitted by the legislature of the county of Oneida. Other coun-
 ties electing to participate shall each submit to the governor a list of
 not less than two persons for each one hundred thousand or  major  frac-
 tion  of  the  total  population,  as determined by the nineteen hundred
 seventy or any  subsequent  federal  decennial  or  federal  county-wide
 special  census,  of  the  counties outside the county of Onondaga which
 shall elect to participate, from which number the governor shall appoint
 one member for each one hundred thousand or major fraction of the  total
 population,  as  determined by such federal decennial or federal county-
 wide special census, with a maximum of three members to  represent  such
 counties outside the county of Onondaga so electing to participate.
   (b)  There shall also be one non-voting member of the authority, which
 shall not be considered in determining a quorum. The  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the plurality of the employees within the authority. The non-vot-
 ing member shall be appointed for  a  term  of  seven  years,  provided,
 however, that if at any time during the term of appointment the non-vot-
 ing  member  ceases to be affiliated with the labor organization repres-
 enting 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 meet-
 ing  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 BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED  BY
 THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-

 S. 5106                             7
 
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE AUTHORITY IN SUCH NUMBER AND FROM LISTS  SUBMITTED  AS  FOLLOWS:  AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS  THAN  FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
 TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS  SHALL  BE  RESIDENTS  OF  A
 COUNTY  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION.   THE MEMBERS
 SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A  VACANCY  SHALL  OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS.
   § 9. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2017-S5106A (ACTIVE) - Details

See Assembly Version of this Bill:: A11139
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1299-a, 1299-c, 1299-bb, 1299-dd, 1301, 1303, 1326 & 1328, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S487
2015-2016: S1500
2019-2020: S3656, A6168
2021-2022: S3959

2017-S5106A (ACTIVE) - Summary

Requires the appointment of a transit dependent and para-transit dependent representative on various transportation authorities.

2017-S5106A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5106A

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the public authorities law, in
relation to various transportation authorities

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the appointment of a transit dependent and a para-transit
dependent representative on various transportation authorities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - Section 1299-a of the public authorities law is amended by
adding two new subdivisions 18 and 19, which define the terms 'transit
dependent' and 'para-transit dependent'.

Section 2 - Subdivision 1 of Section 1299-c of the public authorities
law, as amended by chapter 220 of the laws of 2012, paragraph (b) as
amended by chapter 197 of the laws of 2017, and paragraph (c) as amended
by chapter 176 of the laws of 2012, is amended to require that the

Niagara Frontier Transportation Authority add two additional voting
members to the Board, one transit dependent and one para-transit depend-
ent, appointed by the Governor and to serve 5 year terms.

Section 3 - Section 1299-bb of the public authorities law is amended by
adding two new subdivisions 25 and 26, which define the terms 'transit
dependent' and 'para-transit dependent'.

Section 4 - Subdivision 1 of Section 1299-dd of the public authorities
law, as amended by chapter 388 of the laws of 2007, is amended so that
the Rochester-Genesee Regional Transportation Authority requires as
members at least one transit dependent person and one para-transit
dependent person, appointed by the Governor and to serve 5 year terms.

Section 5 - Section 1301 of the public authorities law is amended by
adding two new subdivisions 26 and 27, which define the terms 'transit
dependent' and 'para-transit dependent'.

Section 6 - Subdivision 1 of Section 1303 of the public authorities law,
as amended by chapter 388 of the laws of 2007, is amended so that the
Capital District Transportation Authority requires as members at least
one transit dependent person and one para-transit dependent person,
appointed by the Governor and to serve 5 year terms.

Section 7 - Section 1326 of the public authorities law is amended by
adding two new subdivisions 26 and 27, which define the terms 'transit
dependent' and 'para-transit dependent'.

Section 8 - Subdivision 1 of Section 1328 of the public authorities law,
as separately amended by chapters 388 and 396 of the laws of 2007, is
amended so that the Central New York Regional Transportation Authority
requires as members at least one transit dependent person and one para-
transit dependent person, appointed by the Governor and to serve 5 year
terms.

 
JUSTIFICATION:


Transit dependent and Para-transit dependent communities throughout
upstate New York have recently witnessed a reduction in routes serviced
and an increase in fees, given the tight fiscal climate and overall
economic stresses of the past several years. Key decisions regarding
re-routing, termination of certain bus and train lines, and rate
increases have been made and it is important that when contemplating
these issues, regional transportation authority's hear the voices of
those most directly affected.

This legislation requires that the Niagara Frontier Transportation
Authority, the Rochester-Genesee Transportation Authority, the Capital
District Transportation Authority, and the Central New York Regional
Transportation Authority consist of at least two voting members, one of
whom is from the transit dependent community and one of whom is from the
para-transit dependent community.  These individuals will serve 5 year
terms and be appointed by the Governor. Local and statewide transit
advocacy organizations will submit to the Governor at least 4 names,
from which two qualified individuals will be selected.

Public transit systems are very important to a wide variety of communi-
ties across the state, who rely upon them for access to services,
healthcare, and employment, affordable means of transportation, and the
efficient movement of people throughout regions. These communities often
consist of low to moderate income individuals, senior citizens, disabled
persons, or youths. Their needs are unique to each region, and including
them in the decision-making process would inform each regional transpor-
tation authority of the specific needs and challenges faced by a region.

 
PRIOR LEGISLATIVE HISTORY:

2013-14 5.487 REFERRED TO TRANSPORTATION
2015-16: S.1500 REFERRED TO TRANSPORTATION

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S5106A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5106--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2017
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  MARCHIONE,  VALESKY  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation  --  recommitted  to the Committee on Transportation in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
 
   Section 1. Section 1299-a of the public authorities law is amended  by
 adding two new subdivisions 18 and 19 to read as follows:
   18.  "TRANSIT  DEPENDENT"  SHALL  MEAN AN INDIVIDUAL WHO IS LIMITED TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW  THE  POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   19.  "PARA-TRANSIT  DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
 TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION  AND  WHO  HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   § 2. Subdivision 1 of section 1299-c of the public authorities law, as
 amended  by chapter 220 of the laws of 2012, paragraph (b) as amended by
 chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter
 176 of the laws of 2012, 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]  NOT  MORE THAN TWELVE other members and shall have two
 non-voting members as described in paragraphs (b) and (c) of this subdi-
 vision appointed by the governor by and with the advice and  consent  of
 the  senate.  The  chairman  and  all  members shall be residents of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00888-02-8

 S. 5106--A                          2
 
 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, AT LEAST ONE SHALL BE APPOINTED AS A REPRESEN-
 TATIVE OF THE TRANSIT DEPENDENT COMMUNITY AND  AT  LEAST  ONE  SHALL  BE
 APPOINTED  AS  A REPRESENTATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNITY,
 AS DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION.    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  thirtieth, 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, nine-
 teen  hundred  seventy-five. Following 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 county legislature shall be for a
 term ending on June thirtieth, nineteen hundred ninety-six.
   (b) The first non-voting member of the  authority  who  shall  not  be
 considered in determining a quorum, 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
 transportation  district  as described in section twelve hundred ninety-
 nine-b of this title. Such first non-voting member  shall  be  appointed
 for  a term of five years, provided, however, that if at any time during
 the term of appointment 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 community and/or people with disabilities. The second
 non-voting member shall be appointed for a term of five years.
   (D) THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED  BY
 THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-

 S. 5106--A                          3
 
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE AUTHORITY IN SUCH NUMBER AND FROM LISTS  SUBMITTED  AS  FOLLOWS:  AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS  THAN  FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
 TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS  SHALL  BE  RESIDENTS  OF  A
 COUNTY  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION.   THE MEMBERS
 SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A  VACANCY  SHALL  OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS.
   § 3. Section 1299-bb of the  public  authorities  law  is  amended  by
 adding two new subdivisions 25 and 26 to read as follows:
   25.  "TRANSIT  DEPENDENT"  SHALL  MEAN AN INDIVIDUAL WHO IS LIMITED TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW  THE  POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   26.  "PARA-TRANSIT  DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
 TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION  AND  WHO  HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   §  4.  Subdivision 1 of section 1299-dd 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 Rochester-Genesee regional trans-
 portation authority. The authority shall be a body corporate and politic
 constituting a public benefit corporation. It shall consist of at  least
 one  member  from  each  county that elects to join the authority except
 that the county of Monroe shall have seven members of whom  three  shall
 be appointed from the city of Rochester and four at large from the coun-
 ty  of Monroe and shall have one non-voting member as described in para-
 graph (b) of this subdivision, AT LEAST ONE  SHALL  BE  APPOINTED  AS  A
 REPRESENTATIVE OF THE TRANSIT DEPENDENT COMMUNITY AND AT LEAST ONE SHALL
 BE  APPOINTED AS A REPRESENTATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNI-
 TY, AS DESCRIBED IN PARAGRAPH (C) OF  THIS  SUBDIVISION.    The  members
 shall be appointed by the governor by and with the advice and consent of
 the senate. The governor shall make initial appointments to the authori-
 ty  in  such  number  and from lists submitted as follows: three members
 shall be appointed to the authority from a list of  not  less  than  six
 names, all of whom must be residents of the city of Rochester, submitted
 to  the  governor  by the council of the city of Rochester; four persons
 from a list of not less than eight persons, all of whom  must  be  resi-
 dents of the county of Monroe submitted by the legislature of the county
 of  Monroe.  Other counties electing to participate shall each submit to
 the governor a list of not less than two persons for  each  one  hundred
 thousand or major fraction of the total population, as determined by the
 last  federal  decennial or federal county-wide special census. From the
 counties outside the county of Monroe which shall elect to  participate,
 the  governor  shall appoint one member for each one hundred thousand or
 major fraction of the total population, as determined by the last feder-
 al decennial or federal county-wide special census, with  a  minimum  of
 one  member  to  represent  each  county outside the county of Monroe so
 electing to participate. All members of the authority shall be residents
 of the area from which they are nominated.
   (b) There shall also be one non-voting member of the authority,  which
 shall  not  be considered in determining a quorum. The non-voting member
 shall be recommended to the governor by the labor  organization  repres-
 enting  the plurality of the employees within the authority and shall be

 S. 5106--A                          4
 
 a resident of the Rochester-Genesee regional transportation district  as
 described  in  section  twelve hundred ninety-nine-cc of this title. The
 non-voting member shall be appointed for a term of five years, provided,
 however, that if at any time during the term of appointment the non-vot-
 ing  member  ceases to be affiliated with the labor organization repres-
 enting 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 meet-
 ing  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 BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED  BY
 THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE AUTHORITY IN SUCH NUMBER AND FROM LISTS  SUBMITTED  AS  FOLLOWS:  AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS  THAN  FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
 TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS  SHALL  BE  RESIDENTS  OF  A
 COUNTY  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION.   THE MEMBERS
 SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A  VACANCY  SHALL  OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS.
   § 5. Section 1301 of the public authorities law is amended  by  adding
 two new subdivisions 26 and 27 to read as follows:
   26.  "TRANSIT  DEPENDENT"  SHALL  MEAN AN INDIVIDUAL WHO IS LIMITED TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW  THE  POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   27.  "PARA-TRANSIT  DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
 TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION  AND  WHO  HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   §  6.  Subdivision 1 of section 1303 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 Capital District transportation
 authority. The authority shall be a body corporate and  politic  consti-
 tuting  a  public benefit corporation. It shall consist of not less than
 eight nor more than fifteen members, including a chairman and shall have
 one non-voting member as described in paragraph (b) of this subdivision,
 AT LEAST ONE SHALL BE APPOINTED  AS  A  REPRESENTATIVE  OF  THE  TRANSIT
 DEPENDENT  COMMUNITY  AND AT LEAST ONE SHALL BE APPOINTED AS A REPRESEN-
 TATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNITY, AS  DESCRIBED  IN  PARA-
 GRAPH  (C)  OF THIS SUBDIVISION.   The members shall be appointed by the
 governor by and with the advice and consent of the senate. The  governor
 shall make initial appointments to the authority in such number and from
 lists  submitted  as  follows:  three  members shall be appointed to the
 authority from a list of six names, all of whom shall  be  residents  of
 the  county  of  Albany,  four  of which names shall be submitted to the
 governor by the majority party of the legislature of the county of Alba-

 S. 5106--A                          5
 
 ny and two of which names shall be submitted by the  minority  party  of
 such legislature; two members shall be appointed to the authority from a
 list  of  four  names,  all  of whom shall be residents of the county of
 Schenectady,  three of which names shall be submitted to the governor by
 the majority party of the legislature of the county of  Schenectady  and
 one  of  which  names  shall  be submitted by the minority party of such
 legislature; two members shall be appointed to the authority from a list
 of four names, all of whom shall be residents of the county  of  Rensse-
 laer,  three  of  which  names shall be submitted to the governor by the
 majority party of the legislature of the county of Rensselaer and one of
 which names shall be submitted by the minority party  of  such  legisla-
 ture;  two  members  shall  be appointed to the authority from a list of
 four names, all of whom shall be residents of the  county  of  Saratoga,
 three  of which names shall be submitted to the governor by the majority
 party of the legislature of the county of  Saratoga  and  one  of  which
 names  shall  be  submitted  by  the minority party of such legislature.
 Other counties electing to participate shall each submit to the governor
 a list of two persons each of whom shall be a resident of  such  county,
 one  of  which  names shall be submitted to the governor by the majority
 party of the legislature of such county and one of which names shall  be
 submitted  by  the minority party of such legislature, from which number
 the governor shall appoint one member for each such county  so  electing
 to participate.
   (b)  There shall also be one non-voting member of the authority, which
 shall not be considered in determining a quorum. The  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the plurality of the employees within the authority and shall  be
 a  resident of the Capital District transportation district as described
 in section thirteen hundred two of this  title.  The  non-voting  member
 shall  be appointed for a term of five years, provided, however, that if
 at any time during the term of appointment the 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 negoti-
 ations with labor organizations, pending litigation involving the  labor
 organization,  or  the  investigation,  evaluation,  or discipline of an
 employee.
   (C) THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED  BY
 THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE AUTHORITY IN SUCH NUMBER AND FROM LISTS  SUBMITTED  AS  FOLLOWS:  AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS  THAN  FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
 TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS  SHALL  BE  RESIDENTS  OF  A
 COUNTY  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION.   THE MEMBERS
 SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A  VACANCY  SHALL  OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS.

 S. 5106--A                          6
 
   § 7. Section 1326 of the public authorities law is amended  by  adding
 two new subdivisions 26 and 27 to read as follows:
   26.  "TRANSIT  DEPENDENT"  SHALL  MEAN AN INDIVIDUAL WHO IS LIMITED TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW  THE  POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   27.  "PARA-TRANSIT  DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
 TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION  AND  WHO  HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   §  8.  Subdivision 1 of section 1328 of the public authorities law, as
 separately amended by chapters 388 and 396  of  the  laws  of  2007,  is
 amended to read as follows:
   1. (a) There is hereby created the central New York regional transpor-
 tation  authority.  The  authority shall be a body corporate and politic
 constituting a public benefit corporation. It shall consist of not  more
 than  twelve members, including a chairman and shall have one non-voting
 member as described in paragraph (b) of this subdivision, AT  LEAST  ONE
 SHALL BE APPOINTED AS A REPRESENTATIVE OF THE TRANSIT DEPENDENT COMMUNI-
 TY  AND AT LEAST ONE SHALL BE APPOINTED AS A REPRESENTATIVE OF THE PARA-
 TRANSIT DEPENDENT COMMUNITY, AS  DESCRIBED  IN  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION.  The members shall be appointed by the governor by and with
 the  advice  and  consent of the senate. The governor shall make initial
 appointments to the authority in such number and from lists submitted as
 follows: three members shall be appointed to the authority from  a  list
 of  not  less  than  six  names, submitted to the governor by the common
 council of the city of Syracuse, five persons from a list  of  not  less
 than  ten  names, submitted by the legislature of the county of Onondaga
 and two members shall be appointed from a list of  not  less  than  four
 names  submitted by the legislature of the county of Oneida. Other coun-
 ties electing to participate shall each submit to the governor a list of
 not less than two persons for each one hundred thousand or  major  frac-
 tion  of  the  total  population,  as determined by the nineteen hundred
 seventy or any  subsequent  federal  decennial  or  federal  county-wide
 special  census,  of  the  counties outside the county of Onondaga which
 shall elect to participate, from which number the governor shall appoint
 one member for each one hundred thousand or major fraction of the  total
 population,  as  determined by such federal decennial or federal county-
 wide special census, with a maximum of three members to  represent  such
 counties outside the county of Onondaga so electing to participate.
   (b)  There shall also be one non-voting member of the authority, which
 shall not be considered in determining a quorum. The  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the plurality of the employees within the authority. The non-vot-
 ing member shall be appointed for  a  term  of  seven  years,  provided,
 however, that if at any time during the term of appointment the non-vot-
 ing  member  ceases to be affiliated with the labor organization repres-
 enting 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 meet-
 ing  of  the  authority  or  of  any  committee  held for the purpose of

 S. 5106--A                          7
 
 discussing negotiations with  labor  organizations,  pending  litigation
 involving  the  labor organization, or the investigation, evaluation, or
 discipline of an employee.
   (C)  THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
 THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND  PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE  AUTHORITY  IN  SUCH  NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL  AND  STATEWIDE
 TRANSIT  ADVOCACY  ORGANIZATIONS.  THE  MEMBERS  SHALL BE RESIDENTS OF A
 COUNTY DESCRIBED IN PARAGRAPH (A) OF  THIS  SUBDIVISION.    THE  MEMBERS
 SHALL  BE  APPOINTED  FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
 FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN  SIX
 MONTHS.
   §  9.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S5106A

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

Kathleen A. Marchione

David J. Valesky

2017-S5106 - Details

2017-S5106 - Summary

2017-S5106 - Sponsor Memo

2017-S5106 - Bill Text download pdf

co-Sponsors

Kathleen A. Marchione

David J. Valesky

2017-S5106A (ACTIVE) - Details

2017-S5106A (ACTIVE) - Summary

2017-S5106A (ACTIVE) - Sponsor Memo

2017-S5106A (ACTIVE) - Bill Text download pdf

Comments