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A08365 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8365
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public authorities law, in relation to requiring one
          voting member of the metropolitan transportation authority be a person
          with a disability

          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.  Either the chairman or one of  the  other
    17  sixteen  voting  members appointed to a term commencing on or after June
    18  thirtieth, two thousand twenty-two shall be a person with a  disability.
    19  For  the purposes of this subparagraph, "person with a disability" means
    20  any person with a disability as that  term  is  defined  in  subdivision
    21  twenty-one  of section two hundred ninety-two of the executive law. Four
    22  of the sixteen voting members other than the chairman shall be appointed
    23  on the written recommendation of the mayor of the city of New York;  and
    24  each  of  seven  other  voting  members other than the chairman shall be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10186-01-1

        A. 8365                             2
 
     1  appointed after selection from a written list of  three  recommendations
     2  from  the  chief executive officer of the county in which the particular
     3  member is required to reside pursuant to the provisions of this subdivi-
     4  sion.  Of the members appointed on recommendation of the chief executive
     5  officer of a county, one such member shall be, at the time  of  appoint-
     6  ment,  a  resident of the county of Nassau, one a resident of the county
     7  of Suffolk, one a resident of the county of Westchester, one a  resident
     8  of the county of Dutchess, one a resident of the county of Orange, one a
     9  resident  of  the  county  of Putnam and one a resident of the county of
    10  Rockland, provided that the term of any member who is a  resident  of  a
    11  county  that has withdrawn from the metropolitan commuter transportation
    12  district pursuant to section twelve hundred seventy-nine-b of this title
    13  shall terminate upon the effective date of such county's withdrawal from
    14  such district. Of the five voting  members,  other  than  the  chairman,
    15  appointed  by the governor without recommendation from any other person,
    16  three shall be, at the time of appointment, residents of the city of New
    17  York and two shall be, at the time of  appointment,  residents  of  such
    18  city or of any of the aforementioned counties in the metropolitan commu-
    19  ter transportation district. Provided however, notwithstanding the fore-
    20  going residency requirement, one of the five voting members appointed by
    21  the  governor  without  recommendation from any other person, other than
    22  the chairman, may be the director of the New York state division of  the
    23  budget, and provided further that, in the event of such appointment, the
    24  budget  director's  membership in the authority shall be deemed ex-offi-
    25  cio. The chairman and each of the members shall be appointed for a  term
    26  of  six years, provided however, that the chairman first appointed shall
    27  serve for a term ending June  thirtieth,  nineteen  hundred  eighty-one,
    28  provided that thirty days after the effective date of the chapter of the
    29  laws  of  two thousand nine which amended this subparagraph, the term of
    30  the chairman shall expire; provided, further,  that  such  chairman  may
    31  continue to discharge the duties of his or her office until the position
    32  of chairman is filled by appointment by the governor upon the advice and
    33  consent  of the senate and the term of such new chairman shall terminate
    34  June thirtieth, two thousand fifteen. The sixteen  other  members  first
    35  appointed  shall  serve  for  the  following terms: The members from the
    36  counties of Nassau and Westchester shall each serve for  a  term  ending
    37  June thirtieth, nineteen hundred eighty-five; the members from the coun-
    38  ty  of  Suffolk  and  from  the counties of Dutchess, Orange, Putnam and
    39  Rockland shall each serve for a term  ending  June  thirtieth,  nineteen
    40  hundred  ninety-two;  two  of the members appointed on recommendation of
    41  the mayor of the city of New York shall each serve  for  a  term  ending
    42  June  thirtieth,  nineteen hundred eighty-four and, two shall each serve
    43  for a term ending June thirtieth, nineteen hundred  eighty-one;  two  of
    44  the  members appointed by the governor without the recommendation of any
    45  other person shall each serve for a term ending June thirtieth, nineteen
    46  hundred eighty-two, two shall each serve for a term ending June  thirti-
    47  eth,  nineteen hundred eighty and one shall serve for a term ending June
    48  thirtieth, nineteen hundred eighty-five. The  two  non-voting  and  four
    49  alternate  non-voting members shall serve until January first, two thou-
    50  sand one. The members from the counties of Dutchess, Orange, Putnam  and
    51  Rockland shall cast one collective vote.
    52    §  2.  This act shall take effect immediately; provided, however, that
    53  the amendments to subparagraph 1 of paragraph (a) of  subdivision  1  of
    54  section  1263  of the public authorities law made by section one of this
    55  act shall not affect the expiration  of  such  paragraph  and  shall  be
    56  deemed expired therewith.
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