Bill Text: NY S06820 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the metropolitan transportation authority.
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO TRANSPORTATION [S06820 Detail]
Download: New_York-2017-S06820-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6820 2017-2018 Regular Sessions IN SENATE June 20, 2017 ___________ Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 3 of part H of 3 chapter 25 of the laws of 2009, 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 who shall have two votes, [sixteen] eighteen other voting members, and 8 two non-voting and four alternate non-voting members, as described in 9 subparagraph two of this paragraph appointed by the governor by and with 10 the advice and consent of the senate. Any member appointed to a term 11 commencing on or after June thirtieth, two thousand nine shall have 12 experience in one or more of the following areas: transportation, public 13 administration, business management, finance, accounting, law, engineer- 14 ing, land use, urban and regional planning, management of large capital 15 projects, labor relations, or have experience in some other area of 16 activity central to the mission of the authority. Four of the [sixteen] 17 eighteen voting members other than the chairman shall be appointed on 18 the written recommendation of the mayor of the city of New York; and 19 each of seven other voting members other than the chairman shall be 20 appointed after selection from a written list of three recommendations 21 from the chief executive officer of the county in which the particular 22 member is required to reside pursuant to the provisions of this subdivi- 23 sion. Of the members appointed on recommendation of the chief executive 24 officer of a county, one such member shall be, at the time of appoint- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12023-02-7S. 6820 2 1 ment, a resident of the county of Nassau, one a resident of the county 2 of Suffolk, one a resident of the county of Westchester, one a resident 3 of the county of Dutchess, one a resident of the county of Orange, one a 4 resident of the county of Putnam and one a resident of the county of 5 Rockland, provided that the term of any member who is a resident of a 6 county that has withdrawn from the metropolitan commuter transportation 7 district pursuant to section twelve hundred seventy-nine-b of this arti- 8 cle shall terminate upon the effective date of such county's withdrawal 9 from such district. Of the [five] seven voting members, other than the 10 chairman, appointed by the governor without recommendation from any 11 other person, three shall be, at the time of appointment, residents of 12 the city of New York and [two] four shall be, at the time of appoint- 13 ment, residents of such city or of any of the aforementioned counties in 14 the metropolitan commuter transportation district. The chairman and each 15 of the members shall be appointed for a term of six years, provided 16 however, that the chairman first appointed shall serve for a term ending 17 June thirtieth, nineteen hundred eighty-one, provided that thirty days 18 after the effective date of the chapter of the laws of two thousand nine 19 which amended this subparagraph, the term of the chairman shall expire; 20 provided, further, that such chairman may continue to discharge the 21 duties of his or her office until the position of chairman is filled by 22 appointment by the governor upon the advice and consent of the senate 23 and the term of such new chairman shall terminate June thirtieth, two 24 thousand fifteen. The [sixteen] eighteen other members first appointed 25 shall serve for the following terms: The members from the counties of 26 Nassau and Westchester shall each serve for a term ending June thirti- 27 eth, nineteen hundred eighty-five; the members from the county of 28 Suffolk and from the counties of Dutchess, Orange, Putnam and Rockland 29 shall each serve for a term ending June thirtieth, nineteen hundred 30 ninety-two; two of the members appointed on recommendation of the mayor 31 of the city of New York shall each serve for a term ending June thirti- 32 eth, nineteen hundred eighty-four and, two shall each serve for a term 33 ending June thirtieth, nineteen hundred eighty-one; two of the members 34 appointed by the governor without the recommendation of any other person 35 shall each serve for a term ending June thirtieth, nineteen hundred 36 eighty-two, two shall each serve for a term ending June thirtieth, nine- 37 teen hundred eighty and one shall serve for a term ending June thirti- 38 eth, nineteen hundred eighty-five provided further, that the two addi- 39 tional members established by a chapter of the laws of 2017 that amended 40 this subparagraph shall begin serving such six year term upon the effec- 41 tive date of such chapter. The two non-voting and four alternate non- 42 voting members shall serve until January first, two thousand one. The 43 members from the counties of Dutchess, Orange, Putnam and Rockland shall 44 cast one collective vote. 45 § 2. Paragraph (a) of subdivision 1 of section 1263 of the public 46 authorities law, as amended by section 4 of part H of chapter 25 of the 47 laws of 2009, is amended to read as follows: 48 (a) There is hereby created the "metropolitan transportation authori- 49 ty." The authority shall be a body corporate and politic constituting a 50 public benefit corporation. The authority shall consist of a chairman, 51 who shall have two votes, and [sixteen] eighteen other members appointed 52 by the governor by and with the advice and consent of the senate. Any 53 member appointed to a term commencing on or after June thirtieth, two 54 thousand nine shall have experience in one or more of the following 55 areas of expertise: transportation, public administration, business 56 management, finance, accounting, law, engineering, land use, urban andS. 6820 3 1 regional planning, management of large capital projects, labor 2 relations, or have experience in some other area of activity central to 3 the mission of the authority. Four of the [sixteen] eighteen members 4 other than the chairman shall be appointed on the written recommendation 5 of the mayor of the city of New York; and each of seven other members 6 other than the chairman shall be appointed after selection from a writ- 7 ten list of three recommendations from the chief executive officer of 8 the county in which the particular member is required to reside pursuant 9 to the provisions of this subdivision. Of the members appointed on 10 recommendation of the chief executive officer of a county, one such 11 member shall be, at the time of appointment, a resident of the county of 12 Nassau; one a resident of the county of Suffolk; one a resident of the 13 county of Westchester; and one a resident of the county of Dutchess, one 14 a resident of the county of Orange, one a resident of the county of 15 Putnam and one a resident of the county of Rockland, provided that the 16 term of any member who is a resident of a county that has withdrawn from 17 the metropolitan commuter transportation district pursuant to section 18 twelve hundred seventy-nine-b of this article shall terminate upon the 19 effective date of such county's withdrawal from such district. Of the 20 [five] seven members, other than the chairman, appointed by the governor 21 without recommendation from any other person, three shall be, at the 22 time of appointment, residents of the city of New York and [two] four 23 shall be, at the time of appointment, residents of such city or of any 24 of the aforementioned counties in the metropolitan commuter transporta- 25 tion district. The chairman and each of the members shall be appointed 26 for a term of six years, provided however, that the chairman first 27 appointed shall serve for a term ending June thirtieth, nineteen hundred 28 eighty-one, provided that thirty days after the effective date of the 29 chapter of the laws of two thousand nine which amended this paragraph, 30 the term of the chairman shall expire; provided, further, that such 31 chairman may continue to discharge the duties of his office until the 32 position of chairman is filled by appointment by the governor upon the 33 advice and consent of the senate and the term of such new chairman shall 34 terminate June thirtieth, two thousand fifteen. The [sixteen] eighteen 35 other members first appointed shall serve for the following terms: The 36 members from the counties of Nassau and Westchester shall each serve for 37 a term ending June thirtieth, nineteen hundred eighty-five; the members 38 from the county of Suffolk and from the counties of Dutchess, Orange, 39 Putnam and Rockland shall each serve for a term ending June thirtieth, 40 nineteen hundred ninety-two; two of the members appointed on recommenda- 41 tion of the mayor of the city of New York shall each serve for a term 42 ending June thirtieth, nineteen hundred eighty-four and, two shall each 43 serve for a term ending June thirtieth, nineteen hundred eighty-one; two 44 of the members appointed by the governor without the recommendation of 45 any other person shall each serve for a term ending June thirtieth, 46 nineteen hundred eighty-two, two shall each serve for a term ending June 47 thirtieth, nineteen hundred eighty and one shall serve for a term ending 48 June thirtieth, nineteen hundred eighty-five provided further, that the 49 two additional members established by a chapter of the laws of 2017 that 50 amended this paragraph shall begin serving such six year term upon the 51 effective date of such chapter. The members from the counties of Dutch- 52 ess, Orange, Putnam and Rockland shall cast one collective vote. 53 § 3. Paragraph (b) of subdivision 3 of section 1263 of the public 54 authorities law, as amended by chapter 14 of the laws of 2006, is 55 amended to read as follows:S. 6820 4 1 (b) For purposes of determining the presence of a quorum, and for 2 purposes of participation on any committee or subcommittee, those 3 members who collectively cast a single vote pursuant to the provisions 4 of paragraph (a) of subdivision one of this section shall be considered 5 to be a single member, and the presence of such member shall be deter- 6 mined as provided in this subdivision and the chairman shall be consid- 7 ered two members. Except as otherwise provided in a by-law adopted as 8 hereinafter provided, such single member constituting those members 9 entitled to a collective vote shall be deemed present as a single member 10 for purposes of a quorum if one or more of the members then in office 11 entitled to cast such collective vote is present, and such collective 12 vote shall be cast in accordance with the majority agreement of the 13 members entitled to a collective vote who are present or in the event a 14 single member entitled to a collective vote is present it shall be cast 15 by that member. To evidence the existence of such majority agreement 16 among the members entitled to a collective vote, each such member shall 17 be polled as to his vote and such poll shall be recorded in the minutes. 18 In the event a majority vote is not achieved by the members entitled to 19 a collective vote who are present, then the vote shall not be cast. 20 Nothing herein shall limit the right of an individual member to partic- 21 ipate in board meetings or in other activities of the authority when the 22 other members then in office entitled to collectively cast a vote are 23 not present. At any meeting of the authority at which there is a quorum 24 including all the members then in office entitled to cast a collective 25 vote, the authority may adopt a by-law or by-laws regulating the casting 26 of such collective vote, provided all members then in office entitled to 27 cast a collective vote affirmatively approve such by-law or by-laws. Any 28 action taken by the authority in accordance with any such by-law or 29 by-laws adopted pursuant to the provisions of this paragraph shall take 30 effect in the same manner as any other action of the authority. Any such 31 by-law or by-laws shall not provide for the casting of any fractional 32 vote. Nor shall such a by-law or by-laws provide for the amendment, 33 repeal or adoption in the future of such a by-law or by-laws in a manner 34 other than that set forth in this paragraph. 35 § 4. Subdivision 1 of section 1201 of the public authorities law, as 36 amended by chapter 929 of the laws of 1986, is amended to read as 37 follows: 38 1. A board, to be known as "New York City Transit Authority" is hereby 39 created. Such board shall be a body corporate and politic constituting a 40 public benefit corporation. It shall consist of [seventeen] nineteen 41 members, all serving ex officio. Those members shall be the persons who 42 from time to time shall hold the offices of chairman, who shall have two 43 votes, and members of metropolitan transportation authority. 44 § 5. Subdivision 1 of section 552 of the public authorities law, as 45 amended by chapter 506 of the laws of 2009, is amended to read as 46 follows: 47 1. A board, to be known as "Triborough bridge and tunnel authority" is 48 hereby created. Such board shall be a body corporate and politic consti- 49 tuting a public benefit corporation. It shall consist of [seventeen] 50 nineteen members, all serving ex officio. Those members shall be the 51 persons who from time to time shall hold the offices of chairman and 52 members of metropolitan transportation authority. The chairman of such 53 board, who shall have two votes, shall be the chairman of metropolitan 54 transportation authority, serving ex officio, and, provided that there 55 is an executive director of the metropolitan transportation authority, 56 the executive director of the authority shall be the executive directorS. 6820 5 1 of the metropolitan transportation authority, serving ex officio. 2 Notwithstanding any provision of law to the contrary, the chairman shall 3 be the chief executive officer of the authority and shall be responsible 4 for the discharge of the executive and administrative functions and 5 powers of the authority. The chairman and executive director, if any, 6 each shall be empowered to delegate his or her functions and powers to 7 the executive officer of the Triborough bridge and tunnel authority or 8 to such person as may succeed to the powers and duties of said executive 9 officer. The chairman and other members of the board hereby created, and 10 the executive director, if any, shall not be entitled to compensation 11 for their services hereunder but shall be entitled to reimbursement for 12 their actual and necessary expenses incurred in the performance of their 13 official duties. 14 § 6. This act shall take effect immediately, provided that the amend- 15 ments to paragraph (a) of subdivision 1 of section 1263 of the public 16 authorities law made by section one of this act shall be subject to the 17 expiration and reversion of such paragraph pursuant to chapter 549 of 18 the laws of 1994, as amended, when upon such date the provisions of 19 section two of this act shall take effect.
