Bill Text: NY A05611 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the metropolitan transit authority; provides that the members from the counties of Dutchess, Orange, Putnam and Rockland shall each cast one vote apiece, instead of one collective vote.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2022-01-05 - referred to corporations, authorities and commissions [A05611 Detail]

Download: New_York-2021-A05611-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5611

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 22, 2021
                                       ___________

        Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions

        AN ACT to amend the public authorities law, in relation to the metropol-
          itan transportation authority

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
     2  1263 of the public authorities law, as amended by section 1 of part E of
     3  chapter 39 of the laws of 2019, is amended to read as follows:
     4    (1) There is hereby created the "metropolitan transportation  authori-
     5  ty."  The authority shall be a body corporate and politic constituting a
     6  public  benefit  corporation. The authority shall consist of a chairman,
     7  sixteen other voting members, and  two  non-voting  and  four  alternate
     8  non-voting  members,  as described in subparagraph two of this paragraph
     9  appointed by the governor by and with the  advice  and  consent  of  the
    10  senate. Any member appointed to a term commencing on or after June thir-
    11  tieth,  two  thousand  nine  shall have experience in one or more of the
    12  following areas: transportation, public administration, business manage-
    13  ment,  finance,  accounting,  law,  engineering,  land  use,  urban  and
    14  regional   planning,   management   of  large  capital  projects,  labor
    15  relations, or have experience in some other area of activity central  to
    16  the  mission  of the authority. Four of the sixteen voting members other
    17  than the chairman shall be appointed on the  written  recommendation  of
    18  the  mayor  of  the  city  of  New  York; and each of seven other voting
    19  members other than the chairman shall be appointed after selection  from
    20  a written list of three recommendations from the chief executive officer
    21  of  the  county  in  which  the  particular member is required to reside
    22  pursuant to the provisions of this subdivision. Of the members appointed
    23  on recommendation of the chief executive officer of a county,  one  such
    24  member shall be, at the time of appointment, a resident of the county of
    25  Nassau,  one  a resident of the county of Suffolk, one a resident of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07854-01-1
        A. 5611                             2

     1  county of Westchester, one a resident of the county of Dutchess,  one  a
     2  resident of the county of Orange, one a resident of the county of Putnam
     3  and  one a resident of the county of Rockland, provided that the term of
     4  any  member  who  is  a resident of a county that has withdrawn from the
     5  metropolitan commuter transportation district pursuant to section twelve
     6  hundred seventy-nine-b of this title shall terminate upon the  effective
     7  date  of such county's withdrawal from such district. Of the five voting
     8  members, other than the chairman,  appointed  by  the  governor  without
     9  recommendation  from  any  other  person, three shall be, at the time of
    10  appointment, residents of the city of New York and two shall be, at  the
    11  time  of  appointment, residents of such city or of any of the aforemen-
    12  tioned counties in the metropolitan  commuter  transportation  district.
    13  Provided  however,  notwithstanding the foregoing residency requirement,
    14  one of the five voting members appointed by the governor without  recom-
    15  mendation  from  any  other  person, other than the chairman, may be the
    16  director of the New York state division  of  the  budget,  and  provided
    17  further  that,  in  the event of such appointment, the budget director's
    18  membership in the authority shall be deemed ex-officio. The chairman and
    19  each of the members shall be appointed for a term of six years, provided
    20  however, that the chairman first appointed shall serve for a term ending
    21  June thirtieth, nineteen hundred eighty-one, provided that  thirty  days
    22  after the effective date of the chapter of the laws of two thousand nine
    23  which  amended this subparagraph, the term of the chairman shall expire;
    24  provided, further, that such chairman  may  continue  to  discharge  the
    25  duties  of his or her office until the position of chairman is filled by
    26  appointment by the governor upon the advice and consent  of  the  senate
    27  and  the  term  of such new chairman shall terminate June thirtieth, two
    28  thousand fifteen. The sixteen other members first appointed shall  serve
    29  for  the  following  terms:  The members from the counties of Nassau and
    30  Westchester shall each serve for a term ending June thirtieth,  nineteen
    31  hundred eighty-five; the members from the county of Suffolk and from the
    32  counties of Dutchess, Orange, Putnam and Rockland shall each serve for a
    33  term  ending  June  thirtieth,  nineteen  hundred ninety-two; two of the
    34  members appointed on recommendation of the mayor of the city of New York
    35  shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
    36  eighty-four  and, two shall each serve for a term ending June thirtieth,
    37  nineteen hundred eighty-one; two of the members appointed by the  gover-
    38  nor  without the recommendation of any other person shall each serve for
    39  a term ending June thirtieth, nineteen  hundred  eighty-two,  two  shall
    40  each serve for a term ending June thirtieth, nineteen hundred eighty and
    41  one  shall  serve  for  a  term  ending June thirtieth, nineteen hundred
    42  eighty-five. The two non-voting and four  alternate  non-voting  members
    43  shall  serve until January first, two thousand one. The members from the
    44  counties of Dutchess, Orange, Putnam and Rockland shall  each  cast  one
    45  [collective] vote.
    46    §  2.  Paragraph  (a)  of  subdivision 1 of section 1263 of the public
    47  authorities law, as amended by section 2 of part E of chapter 39 of  the
    48  laws of 2019, is amended to read as follows:
    49    (a)  There is hereby created the "metropolitan transportation authori-
    50  ty." The authority shall be a body corporate and politic constituting  a
    51  public  benefit  corporation.  The authority shall consist of a chairman
    52  and sixteen other members appointed by the  governor  by  and  with  the
    53  advice  and  consent  of  the  senate.  Any  member  appointed to a term
    54  commencing on or after June thirtieth,  two  thousand  nine  shall  have
    55  experience  in  one or more of the following areas of expertise:  trans-
    56  portation, public administration, business management, finance, account-
        A. 5611                             3

     1  ing, law, engineering, land use, urban and regional planning, management
     2  of large capital projects, labor relations, or have experience  in  some
     3  other  area of activity central to the mission of the authority. Four of
     4  the  sixteen  members  other than the chairman shall be appointed on the
     5  written recommendation of the mayor of the city of New York; and each of
     6  seven other members other than the chairman  shall  be  appointed  after
     7  selection  from  a  written list of three recommendations from the chief
     8  executive officer of the  county  in  which  the  particular  member  is
     9  required  to  reside  pursuant to the provisions of this subdivision. Of
    10  the members appointed on recommendation of the chief  executive  officer
    11  of  a  county,  one  such member shall be, at the time of appointment, a
    12  resident of the county of Nassau;  one  a  resident  of  the  county  of
    13  Suffolk; one a resident of the county of Westchester; and one a resident
    14  of the county of Dutchess, one a resident of the county of Orange, one a
    15  resident  of  the  county  of Putnam and one a resident of the county of
    16  Rockland, provided that the term of any member who is a  resident  of  a
    17  county  that has withdrawn from the metropolitan commuter transportation
    18  district pursuant to section twelve hundred seventy-nine-b of this title
    19  shall terminate upon the effective date of such county's withdrawal from
    20  such district. Of the five members, other than the  chairman,  appointed
    21  by  the  governor  without  recommendation  from any other person, three
    22  shall be, at the time of appointment, residents of the city of New  York
    23  and  two shall be, at the time of appointment, residents of such city or
    24  of any of the  aforementioned  counties  in  the  metropolitan  commuter
    25  transportation district. Provided however, notwithstanding the foregoing
    26  residency  requirement,  one of the five voting members appointed by the
    27  governor without recommendation from any other person,  other  than  the
    28  chairman,  may  be  the  director  of the New York state division of the
    29  budget, and provided further that, in the event of such appointment, the
    30  budget director's membership in the authority shall be  deemed  ex-offi-
    31  cio.  The chairman and each of the members shall be appointed for a term
    32  of six years, provided however, that the chairman first appointed  shall
    33  serve  for  a  term  ending June thirtieth, nineteen hundred eighty-one,
    34  provided that thirty days after the effective date of the chapter of the
    35  laws of two thousand nine which amended this paragraph, the term of  the
    36  chairman shall expire; provided, further, that such chairman may contin-
    37  ue  to discharge the duties of his office until the position of chairman
    38  is filled by appointment by the governor upon the advice and consent  of
    39  the  senate and the term of such new chairman shall terminate June thir-
    40  tieth, two thousand fifteen. The sixteen other members  first  appointed
    41  shall  serve  for  the following terms: The members from the counties of
    42  Nassau and Westchester shall each serve for a term ending  June  thirti-
    43  eth,  nineteen  hundred  eighty-five;  the  members  from  the county of
    44  Suffolk and from the counties of Dutchess, Orange, Putnam  and  Rockland
    45  shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
    46  ninety-two; two of the members appointed on recommendation of the  mayor
    47  of  the city of New York shall each serve for a term ending June thirti-
    48  eth, nineteen hundred eighty-four and, two shall each serve for  a  term
    49  ending  June  thirtieth, nineteen hundred eighty-one; two of the members
    50  appointed by the governor without the recommendation of any other person
    51  shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
    52  eighty-two, two shall each serve for a term ending June thirtieth, nine-
    53  teen  hundred  eighty and one shall serve for a term ending June thirti-
    54  eth, nineteen hundred eighty-five. The  members  from  the  counties  of
    55  Dutchess,  Orange,  Putnam and Rockland shall each cast one [collective]
    56  vote.
        A. 5611                             4

     1    § 3. Subdivision 3 of section 1263 of the public authorities  law,  as
     2  amended  by chapter 929 of the laws of 1986, paragraph (b) as amended by
     3  chapter 14 of the laws of 2006, is amended to read as follows:
     4    3.  [(a)]  A  majority of the whole number of members of the authority
     5  then in office shall constitute a quorum  for  the  transaction  of  any
     6  business or the exercise of any power of the authority. Except as other-
     7  wise specified in this title, for the transaction of any business or the
     8  exercise  of  any power of the authority, the authority shall have power
     9  to act by a majority vote of the members present at any meeting at which
    10  a quorum is in attendance and except further, that in the event of a tie
    11  vote the chairman shall cast one additional vote.
    12    [(b) For purposes of determining the presence of  a  quorum,  and  for
    13  purposes  of  participation  on  any  committee  or  subcommittee, those
    14  members who collectively cast a single vote pursuant to  the  provisions
    15  of  paragraph (a) of subdivision one of this section shall be considered
    16  to be a single member, and the presence of such member shall  be  deter-
    17  mined as provided in this subdivision. Except as otherwise provided in a
    18  by-law  adopted as hereinafter provided, such single member constituting
    19  those members entitled to a collective vote shall be deemed present as a
    20  single member for purposes of a quorum if one or  more  of  the  members
    21  then  in  office  entitled  to cast such collective vote is present, and
    22  such collective vote shall be  cast  in  accordance  with  the  majority
    23  agreement  of  the members entitled to a collective vote who are present
    24  or in the event a single member entitled to a collective vote is present
    25  it shall be cast by that member.  To  evidence  the  existence  of  such
    26  majority agreement among the members entitled to a collective vote, each
    27  such  member  shall  be  polled  as  to  his vote and such poll shall be
    28  recorded in the minutes. In the event a majority vote is not achieved by
    29  the members entitled to a collective vote who are present, then the vote
    30  shall not be cast. Nothing herein shall limit the right of an individual
    31  member to participate in board meetings or in other  activities  of  the
    32  authority when the other members then in office entitled to collectively
    33  cast  a  vote  are not present. At any meeting of the authority at which
    34  there is a quorum including all the members then in office  entitled  to
    35  cast  a  collective  vote,  the  authority may adopt a by-law or by-laws
    36  regulating the casting of such collective  vote,  provided  all  members
    37  then  in office entitled to cast a collective vote affirmatively approve
    38  such by-law or by-laws. Any action taken by the authority in  accordance
    39  with  any  such  by-law or by-laws adopted pursuant to the provisions of
    40  this paragraph shall take effect in the same manner as any other  action
    41  of  the  authority. Any such by-law or by-laws shall not provide for the
    42  casting of any fractional vote. Nor  shall  such  a  by-law  or  by-laws
    43  provide  for  the  amendment, repeal or adoption in the future of such a
    44  by-law or by-laws in a manner other than that set forth  in  this  para-
    45  graph.
    46    (c)  No provision of paragraph (b) of this subdivision relating to the
    47  adoption of certain by-laws by the authority shall affect the manner  in
    48  which  by-laws of the authority are adopted concerning any subject other
    49  than the voting and presence for quorum purposes of the members from the
    50  counties of Dutchess, Putnam, Orange and Rockland.
    51    (d) Notwithstanding the provisions of paragraph (a) of subdivision one
    52  of this section, any member  appointed  from  the  county  of  Dutchess,
    53  Orange,  Putnam  or  Rockland  prior  to  the  increase in the number of
    54  members of the authority to include a member from each such county shall
    55  continue in office as the member from such counties pursuant to  section
    56  five  of  the public officers law until the appointment and confirmation
        A. 5611                             5

     1  of all of the new members from such counties pursuant to the  provisions
     2  of  this  section, and no individual member exercising a collective vote
     3  appointed and confirmed pursuant to paragraph (a) of subdivision one  of
     4  this  section shall take office until all such new members are appointed
     5  and confirmed.]
     6    § 4. This act shall take effect immediately, provided that the  amend-
     7  ments  to  paragraph  (a) of subdivision 1 of section 1263 of the public
     8  authorities law made by section one of this act shall be subject to  the
     9  expiration  and  reversion  of such paragraph pursuant to chapter 549 of
    10  the laws of 1994, as amended, when upon  such  date  the  provisions  of
    11  section two of this act shall take effect.