S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7159--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 10, 2017
                                ___________
 
 Introduced  by  M.  of A. NORRIS, MORINELLO -- read once and referred to
   the Committee on Corporations, Authorities and Commissions  --  recom-
   mitted  to  the Committee on Corporations, Authorities and Commissions
   in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the public authorities law, in relation to the  composi-
   tion of the board 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 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] ELEVEN other members and shall have [two] ONE non-voting
 [members]  MEMBER as described in [paragraphs (b) and (c)] PARAGRAPH (B)
 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] ELEVEN members other than the chairman,
 one shall be appointed upon the written recommendation of the Erie coun-
 ty executive [and], one shall be appointed upon the written  recommenda-
 tion  of  the  Erie  county legislature, AND ONE SHALL BE APPOINTED AS A
 REPRESENTATIVE OF THE TRANSIT DEPENDENT COMMUNITY OR PEOPLE  WITH  DISA-
 BILITIES  AS DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.  The chair-
 man 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08645-03-8

 A. 7159--A                          2
 
 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, nine-
 teen 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  authori-
 ty[,  who  shall  not be considered in determining a quorum.  The second
 non-voting member shall be] appointed by the  governor  as  a  represen-
 tative  of  the transit dependent community and/or people with disabili-
 ties. The second non-voting member shall be appointed for a term of five
 years.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.