Bill Text: NY A05464 | 2023-2024 | General Assembly | Introduced
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 1-0)
Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A05464 Detail]
Download: New_York-2023-A05464-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5464 2023-2024 Regular Sessions IN ASSEMBLY March 10, 2023 ___________ 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. LBD08885-01-3A. 5464 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. 5464 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. 5464 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 for13purposes of participation on any committee or subcommittee, those14members who collectively cast a single vote pursuant to the provisions15of paragraph (a) of subdivision one of this section shall be considered16to be a single member, and the presence of such member shall be deter-17mined as provided in this subdivision. Except as otherwise provided in a18by-law adopted as hereinafter provided, such single member constituting19those members entitled to a collective vote shall be deemed present as a20single member for purposes of a quorum if one or more of the members21then in office entitled to cast such collective vote is present, and22such collective vote shall be cast in accordance with the majority23agreement of the members entitled to a collective vote who are present24or in the event a single member entitled to a collective vote is present25it shall be cast by that member. To evidence the existence of such26majority agreement among the members entitled to a collective vote, each27such member shall be polled as to his vote and such poll shall be28recorded in the minutes. In the event a majority vote is not achieved by29the members entitled to a collective vote who are present, then the vote30shall not be cast. Nothing herein shall limit the right of an individual31member to participate in board meetings or in other activities of the32authority when the other members then in office entitled to collectively33cast a vote are not present. At any meeting of the authority at which34there is a quorum including all the members then in office entitled to35cast a collective vote, the authority may adopt a by-law or by-laws36regulating the casting of such collective vote, provided all members37then in office entitled to cast a collective vote affirmatively approve38such by-law or by-laws. Any action taken by the authority in accordance39with any such by-law or by-laws adopted pursuant to the provisions of40this paragraph shall take effect in the same manner as any other action41of the authority. Any such by-law or by-laws shall not provide for the42casting of any fractional vote. Nor shall such a by-law or by-laws43provide for the amendment, repeal or adoption in the future of such a44by-law or by-laws in a manner other than that set forth in this para-45graph.46(c) No provision of paragraph (b) of this subdivision relating to the47adoption of certain by-laws by the authority shall affect the manner in48which by-laws of the authority are adopted concerning any subject other49than the voting and presence for quorum purposes of the members from the50counties of Dutchess, Putnam, Orange and Rockland.51(d) Notwithstanding the provisions of paragraph (a) of subdivision one52of this section, any member appointed from the county of Dutchess,53Orange, Putnam or Rockland prior to the increase in the number of54members of the authority to include a member from each such county shall55continue in office as the member from such counties pursuant to section56five of the public officers law until the appointment and confirmationA. 5464 5 1of all of the new members from such counties pursuant to the provisions2of this section, and no individual member exercising a collective vote3appointed and confirmed pursuant to paragraph (a) of subdivision one of4this section shall take office until all such new members are appointed5and 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.