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

                                  9455

                          I N  A S S E M B L Y

                              March 1, 2012
                               ___________

Introduced  by  M. of A. SCHIMMINGER, GABRYSZAK, RYAN, CORWIN, SMARDZ --
  read once and referred to the Committee on  Corporations,  Authorities
  and Commissions

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

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

                                                           LBD14769-01-2

A. 9455                             2

shall  end  on  June thirtieth, nineteen 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 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.