S T A T E   O F   N E W   Y O R K
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                                  3708

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the transportation law, in  relation  to  reestablishing
  the Westchester parkway commission

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The transportation law is amended by adding a  new  article
14 to read as follows:
                               ARTICLE 14
                     WESTCHESTER PARKWAY COMMISSION
SECTION 310. WESTCHESTER PARKWAY COMMISSION.
        311. GENERAL POWERS AND DUTIES OF THE COMMISSION.
        312. MEETINGS OF THE COMMISSION.
  S  310. WESTCHESTER PARKWAY COMMISSION. 1. THERE IS HEREBY CREATED THE
WESTCHESTER PARKWAY COMMISSION. THE  COMMISSION  SHALL  BE  AN  ADVISORY
COUNCIL  TO  THE  COMMISSIONER WITH RESPECT TO THE OPERATION AND MAINTE-
NANCE OF THE SPECIAL PARKWAYS WITHIN THE COUNTY  OF  WESTCHESTER  DESIG-
NATED  IN  SECTION  SEVENTY  OF THIS CHAPTER AND WITH RESPECT TO CAPITAL
PROJECTS TO BE UNDERTAKEN.
  2. THE COMMISSION SHALL BE COMPOSED OF FIVE MEMBERS. THE MEMBERS SHALL
BE RESIDENTS  OF  THE  COUNTY  OF  WESTCHESTER.  THE  MEMBERS  SHALL  BE
APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND,
EXCEPT FOR THE INITIAL APPOINTMENT TERMS, SHALL SERVE FOR A TERM OF FOUR
YEARS. THE GOVERNOR SHALL MAKE SUCH APPOINTMENTS, ONE UPON THE RECOMMEN-
DATION  OF THE TEMPORARY PRESIDENT OF THE SENATE AND ONE UPON THE RECOM-
MENDATION OF THE SPEAKER OF THE  ASSEMBLY,  EACH  INITIAL  APPOINTEE  TO
SERVE  FOR A TERM OF ONE YEAR; ONE FROM A LIST OF NAMES SUBMITTED BY THE
COUNTY EXECUTIVE, WHICH INITIAL APPOINTEE SHALL SERVE A  TERM  OF  THREE
YEARS;  ONE  FROM  A  LIST  OF NAMES SUBMITTED BY THE CHAIRPERSON OF THE
COUNTY LEGISLATIVE BODY, WHICH INITIAL APPOINTEE SHALL SERVE FOR A  TERM
OF  TWO YEARS; AND ONE WHO SHALL BE THE CHAIRPERSON AS DESIGNATED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07565-01-3
              

A. 3708                             2

GOVERNOR, WHICH INITIAL APPOINTEE SHALL SERVE FOR A TERM OF FOUR  YEARS.
IN  THE  EVENT  OF  A  VACANCY,  THE VACANCY SHALL BE FILLED IN THE SAME
MANNER AS THE ORIGINAL APPOINTMENT. THE  COMMISSIONER,  OR  HIS  OR  HER
DESIGNEE, SHALL BE AN EX OFFICIO MEMBER OF THE COMMISSION. MEMBERS SHALL
NOT  RECEIVE  A  SALARY  OR  OTHER COMPENSATION, BUT SHALL BE REIMBURSED
THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
OFFICIAL DUTIES.
  S 311. GENERAL POWERS AND DUTIES OF THE  COMMISSION.  THE  WESTCHESTER
PARKWAY COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  1.  TO  ASSIST  IN  THE DEVELOPMENT OF STANDARDS FOR THE OPERATION AND
MAINTENANCE OF THE SPECIAL PARKWAYS IN WESTCHESTER COUNTY AND TO  ADVISE
THE COMMISSIONER WITH REGARD TO SUCH STANDARDS FOR OPERATION AND MAINTE-
NANCE ON SUCH PARKWAYS.
  2.  TO  MONITOR  THE  PARKWAY  OPERATION  AND  MAINTENANCE  ACTIVITIES
PERFORMED ON THE SPECIAL PARKWAYS IN WESTCHESTER COUNTY BY  THE  DEPART-
MENT  AND  TO  ADVISE AND REPORT TO THE COMMISSIONER WHETHER OR NOT SUCH
STANDARDS AS MAY HAVE BEEN ADOPTED ARE BEING MET.
  3. TO ACT IN CONJUNCTION WITH THE COMMISSIONER WITH RESPECT TO ASSESS-
MENT OF PARKWAY CAPITAL NEEDS AND EVALUATION  OF  PROJECT  ALTERNATIVES,
AND PRIORITIES RELATING THERETO.
  S  312. MEETINGS OF THE COMMISSION. THE WESTCHESTER PARKWAY COMMISSION
SHALL MEET AT LEAST FOUR TIMES A YEAR AT THE CALL  OF  THE  COMMISSIONER
AND  SHALL  KEEP A RECORD OF ALL OF ITS PROCEEDINGS AND RECOMMENDATIONS.
STAFF SERVICES FOR THE COMMISSION SHALL BE PERFORMED BY PERSONNEL OF THE
DEPARTMENT. THE COMMISSIONER SHALL DESIGNATE AN EXECUTIVE SECRETARY FROM
AMONG THE STAFF OF THE DEPARTMENT, WHO SHALL ACT AS  THE  ADMINISTRATIVE
AGENT  OF  THE  COMMISSION  AND  ASSIST THE COMMISSION IN FULFILLING ITS
DUTIES AND FUNCTIONS.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.