§ 216. State public transportation safety board. 1. There is hereby
created in the department a board, to be known as the state public
transportation safety board. Such board shall be responsible for the
investigation of accidents involving public transportation in the state,
including commuter rail, subways, rapid transit and buses. The board
shall also be responsible for the presentation of recommendations to all
public transportation operators and carriers to prevent the occurrence
of future accidents. Such board shall consist of the commissioner and
six other members, no more than three of whom shall belong to the same
political party. Two of the members of the board shall be selected by
the governor from a list submitted by the temporary president of the
senate and two from a list submitted by the speaker of the assembly. The
remaining two members shall be selected by the governor. One from each
category of selected members shall have competence and experience in
connection with the operation, design or management of public
transportation facilities and systems. Three of the members, other than
the commissioner, shall be from the metropolitan transportation
authority region and three members shall be from areas of the state
outside such region. All appointees to the board other than the
commissioner shall be upon the advice and consent of the senate. The
metropolitan transportation authority inspector general shall be an ex
officio member of the board but shall have no vote on matters arising
outside of the operations of the metropolitan transportation authority.
Provided, however, that with the exception of the commissioner, no
elected or appointed public officer or transportation authority member
shall be eligible for membership on such board. The governor shall
select a chairman from the members but the chairman shall be someone
other than the metropolitan transportation authority inspector general.

2. The board may be called to investigate any accident by the governor
or chairman. Alternatively, any board member may call for an
investigation with majority board concurrence.

3. Except for the commissioner and the metropolitan transportation
authority inspector general, the term of office of each such member
shall be six years, except that the members first selected shall serve
for terms of six years, five years, four years, three years, two years
and one year, respectively. Any member appointed to fill a vacancy
occurring otherwise than by expiration of a term shall be appointed for
the remainder of the unexpired term.

4. Members of the board, except the commissioner and the metropolitan
transportation authority inspector general, shall receive one hundred
fifty dollars per diem, not to exceed ten thousand dollars per annum
compensation for their services as members of the board, and each of
them shall be allowed the necessary and actual expenses which he shall
incur in the performance of his duties under this article.