S T A T E O F N E W Y O R K ________________________________________________________________________ 466 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. GANTT, BRONSON -- 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: 1 Section 1. Subdivision 1 of section 1299-dd of the public authorities 2 law, as amended by chapter 388 of the laws of 2007, is amended to read 3 as follows: 4 1. (a) There is hereby created the Rochester-Genesee regional trans- 5 portation authority. The authority shall be a body corporate and politic 6 constituting a public benefit corporation. It shall consist of at least 7 one member from each county that elects to join the authority except 8 that the county of Monroe shall have seven members of whom three shall 9 be appointed from the city of Rochester and four at large from the coun- 10 ty of Monroe and shall have [one] TWO non-voting [member] MEMBERS as 11 described in [paragraph] PARAGRAPHS (b) AND (C) of this subdivision. The 12 members shall be appointed by the governor by and with the advice and 13 consent of the senate. The governor shall make initial appointments to 14 the authority in such number and from lists submitted as follows: three 15 members shall be appointed to the authority from a list of not less than 16 six names, all of whom must be residents of the city of Rochester, 17 submitted to the governor by the council of the city of Rochester; four 18 persons from a list of not less than eight persons, all of whom must be 19 residents of the county of Monroe submitted by the legislature of the 20 county of Monroe. Other counties electing to participate shall each 21 submit to the governor a list of not less than two persons for each one 22 hundred thousand or major fraction of the total population, as deter- 23 mined by the last federal decennial or federal county-wide special 24 census. From the counties outside the county of Monroe which shall elect EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01992-01-5 A. 466 2 1 to participate, the governor shall appoint one member for each one 2 hundred thousand or major fraction of the total population, as deter- 3 mined by the last federal decennial or federal county-wide special 4 census, with a minimum of one member to represent each county outside 5 the county of Monroe so electing to participate. All members of the 6 authority shall be residents of the area from which they are nominated. 7 (b) [There shall also be one] THE FIRST non-voting member of the 8 authority[, which] WHO shall not be considered in determining a quorum[. 9 The non-voting member], shall be recommended to the governor by the 10 labor organization representing the plurality of the employees within 11 the authority and shall be a resident of the Rochester-Genesee regional 12 transportation district as described in section twelve hundred ninety- 13 nine-cc of this title. [The] SUCH FIRST non-voting member shall be 14 appointed for a term of five years, provided, however, that if at any 15 time during the term of appointment [the] SUCH non-voting member ceases 16 to be affiliated with the labor organization representing the plurality 17 of employees within the authority, then such labor organization may at 18 any time during such term recommend a new member to the governor who 19 shall serve the remainder of the term. If the local bargaining unit 20 decertifies its existing union affiliation and certifies a new union, 21 the union which represents the plurality of the employees may recommend 22 a new member to the governor who shall serve the remainder of the term. 23 The chairman of the authority, at his or her discretion, may exclude 24 such non-voting member from attending any portion of a meeting of the 25 authority or of any committee held for the purpose of discussing negoti- 26 ations with labor organizations, pending litigation involving the labor 27 organization, or the investigation, evaluation, or discipline of an 28 employee. 29 (C) THERE SHALL ALSO BE A SECOND NON-VOTING MEMBER OF THE AUTHORITY, 30 WHO SHALL NOT BE CONSIDERED IN DETERMINING A QUORUM. THE SECOND NON-VOT- 31 ING MEMBER SHALL BE APPOINTED BY THE GOVERNOR AS A REPRESENTATIVE OF THE 32 TRANSIT DEPENDENT AND/OR DISABLED COMMUNITY. THE SECOND NON-VOTING 33 MEMBER SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. THE CHAIR OF THE 34 AUTHORITY, AT HIS OR HER DISCRETION, MAY EXCLUDE SUCH NON-VOTING MEMBER 35 FROM ATTENDING ANY PORTION OF A MEETING OF THE AUTHORITY OR OF ANY 36 COMMITTEE HELD PURSUANT TO THE EXECUTIVE SESSION PROVISIONS OF THE OPEN 37 MEETINGS LAW. 38 S 2. This act shall take effect immediately.