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

                                  3133

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced by M. of A. CORWIN -- 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 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 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] TWELVE 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] TWELVE 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 TWO SHALL BE APPOINTED AS
REPRESENTATIVES OF THE TRANSIT DEPENDENT COMMUNITY  AND/OR  PEOPLE  WITH
DISABILITIES  AS  DESCRIBED  IN  PARAGRAPH (C) 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02127-01-3
              

A. 3133                             2

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 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] TWO MEMBERS of
the authority[, who shall not be considered in determining a quorum. The
second non-voting member shall be]  appointed  by  the  governor  as  [a
representative]  REPRESENTATIVES  of  the  transit  dependent  community
and/or people with disabilities. The [second non-voting member]  MEMBERS
shall be appointed for a term of five years.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.