Add S1269-h, rpld S1263 subs 1 & 7, sub 3 b, c & d, amd S1263, Pub Auth L
Enacts the Metropolitan Transportation Authority accountability and transparency act of 2012; creates a temporary reorganization board to recommend a statutory plan for the prospective governing structure required to ensure continued transparency, efficiency, and accountability of metropolitan region mass transportation operations.
STATE OF NEW YORK
________________________________________________________________________
7840
IN SENATE
August 17, 2012
___________
Introduced by Sen. SALAND -- 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 enacting the
Metropolitan Transportation Authority accountability and transparency
act of 2012 and to repeal certain provisions of such law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Metropolitan Transportation Authority accountability and transpar-
3 ency act of 2012".
4 § 2. Legislative findings. 1. The legislature finds and declares that
5 the efficient and adequate transportation of mass transit riders within
6 the New York metropolitan area is of vital importance to the New York
7 state economy.
8 2. The legislature further declares that it is the policy of the state
9 that the preservation, strengthening and improvement of mass transporta-
10 tion services is an essential public purpose, and that it is in the
11 public's interest for the state and its political subdivision, in coop-
12 eration with other levels of government, to take appropriate measures
13 and assume responsibilities for the preservation of such essential
14 services.
15 3. The legislature finds that the Metropolitan Transportation Authori-
16 ty was authorized to incorporate by chapter 324 of the laws of 1965 to
17 serve as the state's instrument for the carrying out of programs
18 designed to continue and improve mass transit services.
19 4. The legislature further finds that the Metropolitan Transportation
20 Authority was additionally authorized under chapter 717 of the laws of
21 1967 to provide a greater degree of coordination of effort, development
22 and operation of public-owned mass transportation facilities within the
23 metropolitan region operated by several agencies by placing such agen-
24 cies under the control of a single board charged with the additional
25 responsibility of developing and implementing a unified mass transporta-
26 tion policy for the region.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16429-01-2
S. 7840 2
1 5. The legislature declares that due to the continued decline in the
2 Metropolitan Transportation Authority's financial situation there is an
3 urgent and immediate need for the stabilization, strengthening and
4 improvement of mass transportation services in the metropolitan area.
5 Therefore, the legislature declares that in order to ensure a healthy
6 economy for the state and the New York metropolitan region, the
7 provision of adequate mass transportation facilities for the transport
8 of persons must be assured and this necessitates a temporary structural
9 change in the organization of the Metropolitan Transportation Authority
10 in the form of a temporary reorganization board which shall exist for a
11 period of three years.
12 6. The legislature further declares that this temporary reorganization
13 board shall replace the board authorized by section 1263 of the public
14 authorities law to ensure the Metropolitan Transportation Authority
15 works in the best interest of taxpayers and mass transportation riders
16 alike by managing the metropolitan region mass transportation operations
17 with transparency, efficiency, and accountability.
18 7. The legislature declares that in no later than one year the tempo-
19 rary board shall recommend a statutory plan for the prospective govern-
20 ing structure required to ensure continued transparency, efficiency, and
21 accountability of metropolitan region mass transportation operations.
22 The legislature further finds that these statutory changes are consist-
23 ent with existing authority agreements, necessary, and in the best
24 interest of the state's citizens in general.
25 § 3. The public authorities law is amended by adding a new section
26 1269-h to read as follows:
27 § 1269-h. No debt of the state. Nothing in this article shall be
28 construed to accept a liability to or create a debt of the state within
29 the meaning of any constitutional or statutory provision.
30 § 4. Subdivisions 1 and 7 and paragraphs (b), (c) and (d) of subdivi-
31 sion 3 of section 1263 of the public authorities law are REPEALED and a
32 new subdivision 1 is added to read as follows:
33 1. (a) The board of directors, to be called the Metropolitan Transpor-
34 tation Authority reorganization board, shall consist of seventeen
35 members, four of whom shall be appointed based on the written recommen-
36 dation of the mayor of the city of New York, nine to be appointed by the
37 governor, two to be appointed by the temporary president of the senate
38 and two to be appointed by the speaker of the assembly.
39 (1) The governor shall nominate a member to serve as chair, subject to
40 confirmation by a majority vote of the board of directors. All non-ex
41 officio members shall have equal voting rights.
42 (2) In the event of a member vacancy occurring by death, resignation
43 or otherwise, the respective appointing officer or officers shall
44 appoint a successor who shall hold office for the unexpired portion of
45 the term.
46 (3) The board shall have equitable representation of all affected
47 regions with at least six voting members representing regions outside of
48 the city of New York.
49 (b) In addition to these voting members, the board shall have three ex
50 officio members to advise on critical mass transportation concerns of
51 the metropolitan region, one appointed by the governor based upon the
52 written recommendation of the New York city transit authority advisory
53 council; one appointed by the governor based upon the written recommen-
54 dation of the Metro North rail commuter council; and one appointed by
55 the governor based upon the written recommendation of the Long Island
56 rail road commuter's council.
S. 7840 3
1 (c) All directors shall serve at the pleasure of their appointing
2 authority.
3 (d) The board, which shall become effective upon appointment of a
4 majority of public members, shall terminate three years from its date of
5 creation. The board shall propose, no less than one hundred eighty days
6 prior to its termination, recommendations to the governor and the state
7 legislature representing a statutory plan for the prospective governing
8 structure of the Metropolitan Transportation Authority. The report shall
9 incorporate equitable representation of affected counties within the
10 prospective governing structure of the Metropolitan Transportation
11 Authority including the counties of Dutchess, Orange, Putnam, Rockland,
12 Nassau and Suffolk.
13 (e) Upon the effective date of this subdivision, the structure of the
14 board of the corporation shall be deemed to be incorporated within and
15 made part of the certificate of incorporation of the corporation, and no
16 amendment to such certificate of incorporation shall be necessary to
17 give effect to any such provision, and any provision contained within
18 such certificate inconsistent in any manner shall be superseded by the
19 provisions of this section. Such board shall, however, make appropriate
20 conforming changes to all governing documents of the corporation includ-
21 ing but not limited to corporate by-laws.
22 § 5. This act shall take effect immediately; provided, however, that
23 section four of this act shall take effect upon the appointment of a
24 majority of public directors of the temporary reorganization board of
25 the Metropolitan Transportation Authority as set forth in section four
26 of this act, provided that the chair of the temporary reorganization
27 board shall notify the legislative bill drafting commission upon the
28 occurrence in order that the commission may maintain an accurate data
29 base of the official text of the laws of the state of New York in furth-
30 erance of effecting the provisions of section 44 of the legislative law
31 and section 70-b of the public officers law.
