NY State Senate Bill 2013-S487

Senate Bill S487

2013-2014 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
Jan 08, 2014	referred to transportation
Jan 09, 2013	referred to transportation

2013-S487 (ACTIVE) - Details

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:: 2015-2016: S1500
2017-2018: S5106
2019-2020: S3656
2021-2022: S3959

2013-S487 (ACTIVE) - Summary

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

2013-S487 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S487

TITLE OF BILL:
An act
to amend the public authorities law, in relation to the 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:
New Bill.

FISCAL IMPLICATIONS:
None.

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

2013-S487 (ACTIVE) - Bill Text download pdf

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

                                   487

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 the transpor-
  tation 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.
  S 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, AND AT LEAST ONE SHALL BE APPOINTED AS A REPRE-

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

                                                           LBD01924-01-3

S. 487                              2

SENTATIVE 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 LEST 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. 487                              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.
  S 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.
  S  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 , AND 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. 487                              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 LEST 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  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.
  S 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,
AND  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. 487                              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 LEST 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  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. 487                              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.
  S  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, AND  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 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 LEST TWO MEMBERS OF THE AUTHORITY  APPOINTED  BY
THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-

S. 487                              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.
  S 9. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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