The New York State Senate

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

                                  9734

                          I N  A S S E M B L Y

                             March 29, 2012
                               ___________

Introduced  by M. of A. GANTT -- 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 Rochester-Genesee regional 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-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] TWO  non-voting  [member]  MEMBERS  as
described in [paragraph] PARAGRAPHS (b) AND (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, 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
residents  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  deter-
mined  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 deter-
mined by the last  federal  decennial  or  federal  county-wide  special
census,  with  a  minimum of one member to represent each county outside

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

                                                           LBD15188-01-2

A. 9734                             2

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]  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 Rochester-Genesee  regional
transportation  district  as described in section twelve hundred ninety-
nine-cc of this title. [The]  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 [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 negoti-
ations 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.