S T A T E O F N E W Y O R K
________________________________________________________________________
5389
2019-2020 Regular Sessions
I N S E N A T E
April 29, 2019
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00299-01-9
S. 5389 2
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
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.
§ 2. This act shall take effect immediately.