STATE OF NEW YORK
________________________________________________________________________
3332
2011-2012 Regular Sessions
IN ASSEMBLY
January 24, 2011
___________
Introduced by M. of A. BRENNAN, COLTON, DINOWITZ, PHEFFER -- Multi-Spon-
sored by -- M. of A. CLARK, GLICK, GOTTFRIED, HOOPER, SWEENEY -- read
once and referred to the Committee on Corporations, Authorities and
Commissions
AN ACT to amend the public authorities law, in relation to the manner in
which the members of the metropolitan transportation authority shall
be appointed
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 1263 of the
2 public authorities law, as amended by chapter 549 of the laws of 1994
3 and subparagraph 1 as amended by section 3 of part H of chapter 25 of
4 the laws of 2009, is amended to read as follows:
5 1. (a) (1) There is hereby created the "metropolitan transportation
6 authority." The authority shall be a body corporate and politic consti-
7 tuting a public benefit corporation. The authority shall consist of a
8 [chairman] chairperson, sixteen other voting members, and two non-voting
9 and four alternate non-voting members, as described in subparagraph two
10 of this paragraph appointed by the governor by and with the advice and
11 consent of the senate. Any member appointed to a term commencing on or
12 after June thirtieth, two thousand nine shall have experience in one or
13 more of the following areas: transportation, public administration,
14 business management, finance, accounting, law, engineering, land use,
15 urban and regional planning, management of large capital projects, labor
16 relations, or have experience in some other area of activity central to
17 the mission of the authority. [Four] Three of the sixteen voting members
18 other than the [chairman] chairperson shall be appointed on the written
19 recommendation of the mayor of the city of New York[;], one member other
20 than the chairperson shall be appointed upon the written recommendation
21 of the state comptroller, one member other than the chairperson shall be
22 appointed upon the written recommendation of the comptroller of the city
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06052-01-1
A. 3332 2
1 of New York, one member other than the chairperson shall be appointed
2 upon the written recommendation of the temporary president of the
3 senate, and one member other than the chairperson shall be appointed
4 upon the written recommendation of the speaker of the assembly, and each
5 of seven other voting members other than the [chairman] chairperson
6 shall be appointed after selection from a written list of three recom-
7 mendations from the chief executive officer of the county in which the
8 particular member is required to reside pursuant to the provisions of
9 this subdivision. The members appointed by the state comptroller, the
10 comptroller of the city of New York, the temporary president of the
11 senate and the speaker of the assembly shall not be employees of the
12 state or the city of New York. Of the members appointed on recommenda-
13 tion of the chief executive officer of a county, one such member shall
14 be, at the time of appointment, a resident of the county of Nassau, one
15 a resident of the county of Suffolk, one a resident of the county of
16 Westchester, one a resident of the county of Dutchess, one a resident of
17 the county of Orange, one a resident of the county of Putnam and one a
18 resident of the county of Rockland, provided that the term of any member
19 who is a resident of a county that has withdrawn from the metropolitan
20 commuter transportation district pursuant to section twelve hundred
21 seventy-nine-b of this article shall terminate upon the effective date
22 of such county's withdrawal from such district. Of the [five] two voting
23 members, other than the [chairman] chairperson, appointed by the gover-
24 nor without recommendation from any other person, [three] one shall be,
25 at the time of appointment, [residents] a resident of the city of New
26 York and [two] one shall be, at the time of appointment, [residents] a
27 resident of such city or of any of the aforementioned counties in the
28 metropolitan commuter transportation district. The [chairman] chair-
29 person and each of the members shall be appointed for a term of six
30 years, provided however, that the [chairman] chairperson first appointed
31 shall serve for a term ending June thirtieth, nineteen hundred eighty-
32 one, provided that thirty days after the effective date of the chapter
33 of the laws of two thousand nine which amended this subparagraph, the
34 term of the [chairman] chairperson shall expire; provided, further, that
35 such [chairman] chairperson may continue to discharge the duties of his
36 or her office until the position of [chairman] chairperson is filled by
37 appointment by the governor upon the advice and consent of the senate
38 and the term of such new [chairman] chairperson shall terminate June
39 thirtieth, two thousand fifteen. The sixteen other members first
40 appointed shall serve for the following terms: The members from the
41 counties of Nassau and Westchester shall each serve for a term ending
42 June thirtieth, nineteen hundred eighty-five; the members from the coun-
43 ty of Suffolk and from the counties of Dutchess, Orange, Putnam and
44 Rockland shall each serve for a term ending June thirtieth, nineteen
45 hundred ninety-two; two of the members appointed on recommendation of
46 the mayor of the city of New York shall each serve for a term ending
47 June thirtieth, nineteen hundred eighty-four and, two shall each serve
48 for a term ending June thirtieth, nineteen hundred eighty-one; two of
49 the members appointed by the governor without the recommendation of any
50 other person shall each serve for a term ending June thirtieth, nineteen
51 hundred eighty-two, two shall each serve for a term ending June thirti-
52 eth, nineteen hundred eighty and one shall serve for a term ending June
53 thirtieth, nineteen hundred eighty-five. The two non-voting and four
54 alternate non-voting members shall serve until January first, two thou-
55 sand one. The members from the counties of Dutchess, Orange, Putnam and
56 Rockland shall cast one collective vote.
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1 (2) There shall be two non-voting members and four alternate non-vot-
2 ing members of the authority, as referred to in subparagraph one of this
3 paragraph.
4 The first non-voting member shall be a regular mass transit user of
5 the facilities of the authority and be recommended to the governor by
6 the New York city transit authority advisory council. The first alter-
7 nate non-voting member shall be a regular mass transit user of the
8 facilities of the authority and be recommended to the governor by the
9 Metro-North commuter council. The second alternate non-voting member
10 shall be a regular mass transit user of the facilities of the authority
11 and be recommended to the governor by the Long Island Rail Road
12 commuter's council.
13 The second non-voting member shall be recommended to the governor by
14 the labor organization representing the majority of employees of the
15 Long Island Rail Road. The third alternate non-voting member shall be
16 recommended to the governor by the labor organization representing the
17 majority of employees of the New York city transit authority. The fourth
18 alternate non-voting member shall be recommended to the governor by the
19 labor organization representing the majority of employees of the Metro-
20 North Commuter Railroad Company. The [chairman] chairperson of the
21 authority, at his direction, may exclude such non-voting member or
22 alternate non-voting member from attending any portion of a meeting of
23 the authority or of any committee established pursuant to paragraph (b)
24 of subdivision four of this section held for the purpose of discussing
25 negotiations with labor organizations.
26 The non-voting member and the two alternate non-voting members repres-
27 enting the New York York city transit authority advisory council, the
28 Metro-North commuter council, and the Long Island Rail Road commuter's
29 council shall serve eighteen month rotating terms, after which time an
30 alternate non-voting member shall become the non-voting member and the
31 rotation shall continue until each alternate member has served at least
32 one eighteen month term as a non-voting member. The other non-voting
33 member and alternate non-voting members representing the New York city
34 transit authority, Metro-North Commuter Railroad Company, and the Long
35 Island Rail Road labor organizations shall serve eighteen month rotating
36 terms, after which time an alternate non-voting member shall become the
37 non-voting member and the rotation shall continue until each alternate
38 member has served at least one eighteen month term as a non-voting
39 member. The transit authority and the commuter railroads shall not be
40 represented concurrently by the two non-voting members during any such
41 eighteen month period.
42 § 2. Paragraph (a) of subdivision 1 of section 1263 of the public
43 authorities law, as amended by section 4 of part H of chapter 25 of the
44 laws of 2009, is amended to read as follows:
45 (a) There is hereby created the "metropolitan transportation authori-
46 ty." The authority shall be a body corporate and politic constituting a
47 public benefit corporation. The authority shall consist of a [chairman]
48 chairperson and sixteen other members appointed by the governor by and
49 with the advice and consent of the senate. Any member appointed to a
50 term commencing on or after June thirtieth, two thousand nine shall have
51 experience in one or more of the following areas of expertise: trans-
52 portation, public administration, business management, finance, account-
53 ing, law, engineering, land use, urban and regional planning, management
54 of large capital projects, labor relations, or have experience in some
55 other area of activity central to the mission of the authority. [Four]
56 Three of the sixteen members other than the [chairman] chairperson shall
A. 3332 4
1 be appointed on the written recommendation of the mayor of the city of
2 New York[;], one member other than the chairperson shall be appointed
3 upon the written recommendation of the state comptroller, one member
4 other than the chairperson shall be appointed upon the written recommen-
5 dation of the comptroller of the city of New York, one member other than
6 the chairperson shall be appointed upon the written recommendation of
7 the temporary president of the senate, and one member other than the
8 chairperson shall be appointed upon the written recommendation of the
9 speaker of the assembly, and each of seven other members other than the
10 [chairman] chairperson shall be appointed after selection from a written
11 list of three recommendations from the chief executive officer of the
12 county in which the particular member is required to reside pursuant to
13 the provisions of this subdivision. The members appointed by the state
14 comptroller, the comptroller of the city of New York, the temporary
15 president of the senate and the speaker of the assembly shall not be
16 employees of the state or city of the New York. Of the members appointed
17 on recommendation of the chief executive officer of a county, one such
18 member shall be, at the time of appointment, a resident of the county of
19 Nassau; one a resident of the county of Suffolk; one a resident of the
20 county of Westchester; and one a resident of the county of Dutchess, one
21 a resident of the county of Orange, one a resident of the county of
22 Putnam and one a resident of the county of Rockland, provided that the
23 term of any member who is a resident of a county that has withdrawn from
24 the metropolitan commuter transportation district pursuant to section
25 twelve hundred seventy-nine-b of this article shall terminate upon the
26 effective date of such county's withdrawal from such district. Of the
27 [five] two members, other than the [chairman] chairperson, appointed by
28 the governor without recommendation from any other person, [three] one
29 shall be, at the time of appointment, [residents] a resident of the city
30 of New York and [two] one shall be, at the time of appointment, [resi-
31 dents] a resident of such city or of any of the aforementioned counties
32 in the metropolitan commuter transportation district. The [chairman]
33 chairperson and each of the members shall be appointed for a term of six
34 years, provided however, that the [chairman] chairperson first appointed
35 shall serve for a term ending June thirtieth, nineteen hundred eighty-
36 one, provided that thirty days after the effective date of the chapter
37 of the laws of two thousand nine which amended this paragraph, the term
38 of the [chairman] chairperson shall expire; provided, further, that such
39 [chairman] chairperson may continue to discharge the duties of his
40 office until the position of [chairman] chairperson is filled by
41 appointment by the governor upon the advice and consent of the senate
42 and the term of such new [chairman] chairperson shall terminate June
43 thirtieth, two thousand fifteen. The sixteen other members first
44 appointed shall serve for the following terms: The members from the
45 counties of Nassau and Westchester shall each serve for a term ending
46 June thirtieth, nineteen hundred eighty-five; the members from the coun-
47 ty of Suffolk and from the counties of Dutchess, Orange, Putnam and
48 Rockland shall each serve for a term ending June thirtieth, nineteen
49 hundred ninety-two; two of the members appointed on recommendation of
50 the mayor of the city of New York shall each serve for a term ending
51 June thirtieth, nineteen hundred eighty-four and, two shall each serve
52 for a term ending June thirtieth, nineteen hundred eighty-one; two of
53 the members appointed by the governor without the recommendation of any
54 other person shall each serve for a term ending June thirtieth, nineteen
55 hundred eighty-two, two shall each serve for a term ending June thirti-
56 eth, nineteen hundred eighty and one shall serve for a term ending June
A. 3332 5
1 thirtieth, nineteen hundred eighty-five. The members from the counties
2 of Dutchess, Orange, Putnam and Rockland shall cast one collective vote.
3 § 3. This act shall take effect immediately, provided that the amend-
4 ments to paragraph (a) of subdivision 1 of section 1263 of the public
5 authorities law made by section one of this act shall be subject to the
6 expiration and reversion of such paragraph pursuant to section 3 of
7 chapter 549 of the laws of 1994, as amended, when upon such date the
8 provisions of section two of this act shall take effect.
