Bill Text: NY A05560 | 2019-2020 | 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 5-0)
Status: (Introduced - Dead) 2020-07-13 - held for consideration in corporations, authorities and commissions [A05560 Detail]
Download: New_York-2019-A05560-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5560 2019-2020 Regular Sessions IN ASSEMBLY February 13, 2019 ___________ 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 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 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. LBD08151-01-9A. 5560 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 article shall terminate upon the effec- 7 tive date of such county's withdrawal from such district. Of the five 8 voting members, other than the chairman, appointed by the governor with- 9 out 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 The chairman and each of the members shall be appointed for a term of 14 six years, provided however, that the chairman first appointed shall 15 serve for a term ending June thirtieth, nineteen hundred eighty-one, 16 provided that thirty days after the effective date of the chapter of the 17 laws of two thousand nine which amended this subparagraph, the term of 18 the chairman shall expire; provided, further, that such chairman may 19 continue to discharge the duties of his or her office until the position 20 of chairman is filled by appointment by the governor upon the advice and 21 consent of the senate and the term of such new chairman shall terminate 22 June thirtieth, two thousand fifteen. The sixteen other members first 23 appointed shall serve for the following terms: The members from the 24 counties of Nassau and Westchester shall each serve for a term ending 25 June thirtieth, nineteen hundred eighty-five; the members from the coun- 26 ty of Suffolk and from the counties of Dutchess, Orange, Putnam and 27 Rockland shall each serve for a term ending June thirtieth, nineteen 28 hundred ninety-two; two of the members appointed on recommendation of 29 the mayor of the city of New York shall each serve for a term ending 30 June thirtieth, nineteen hundred eighty-four and, two shall each serve 31 for a term ending June thirtieth, nineteen hundred eighty-one; two of 32 the members appointed by the governor without the recommendation of any 33 other person shall each serve for a term ending June thirtieth, nineteen 34 hundred eighty-two, two shall each serve for a term ending June thirti- 35 eth, nineteen hundred eighty and one shall serve for a term ending June 36 thirtieth, nineteen hundred eighty-five. The two non-voting and four 37 alternate non-voting members shall serve until January first, two thou- 38 sand one. The members from the counties of Dutchess, Orange, Putnam and 39 Rockland shall each cast one [collective] vote. 40 § 2. Paragraph (a) of subdivision 1 of section 1263 of the public 41 authorities law, as amended by section 4 of part H of chapter 25 of the 42 laws of 2009, is amended to read as follows: 43 (a) There is hereby created the "metropolitan transportation authori- 44 ty." The authority shall be a body corporate and politic constituting a 45 public benefit corporation. The authority shall consist of a chairman 46 and sixteen other members appointed by the governor by and with the 47 advice and consent of the senate. Any member appointed to a term 48 commencing on or after June thirtieth, two thousand nine shall have 49 experience in one or more of the following areas of expertise: trans- 50 portation, public administration, business management, finance, account- 51 ing, law, engineering, land use, urban and regional planning, management 52 of large capital projects, labor relations, or have experience in some 53 other area of activity central to the mission of the authority. Four of 54 the sixteen members other than the chairman shall be appointed on the 55 written recommendation of the mayor of the city of New York; and each of 56 seven other members other than the chairman shall be appointed afterA. 5560 3 1 selection from a written list of three recommendations from the chief 2 executive officer of the county in which the particular member is 3 required to reside pursuant to the provisions of this subdivision. Of 4 the members appointed on recommendation of the chief executive officer 5 of a county, one such member shall be, at the time of appointment, a 6 resident of the county of Nassau; one a resident of the county of 7 Suffolk; one a resident of the county of Westchester; and 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 arti- 13 cle shall terminate upon the effective date of such county's withdrawal 14 from such district. Of the five 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. The chairman and each of the members shall 20 be appointed for a term of six years, provided however, that the chair- 21 man first appointed shall serve for a term ending June thirtieth, nine- 22 teen hundred eighty-one, provided that thirty days after the effective 23 date of the chapter of the laws of two thousand nine which amended this 24 paragraph, the term of the chairman shall expire; provided, further, 25 that such chairman may continue to discharge the duties of his office 26 until the position of chairman is filled by appointment by the governor 27 upon the advice and consent of the senate and the term of such new 28 chairman shall terminate June thirtieth, two thousand fifteen. The 29 sixteen other members first appointed shall serve for the following 30 terms: The members from the counties of Nassau and Westchester shall 31 each serve for a term ending June thirtieth, nineteen hundred eighty- 32 five; the members from the county of Suffolk and from the counties of 33 Dutchess, Orange, Putnam and Rockland shall each serve for a term ending 34 June thirtieth, nineteen hundred ninety-two; two of the members 35 appointed on recommendation of the mayor of the city of New York shall 36 each serve for a term ending June thirtieth, nineteen hundred eighty- 37 four and, two shall each serve for a term ending June thirtieth, nine- 38 teen hundred eighty-one; two of the members appointed by the governor 39 without the recommendation of any other person shall each serve for a 40 term ending June thirtieth, nineteen hundred eighty-two, two shall each 41 serve for a term ending June thirtieth, nineteen hundred eighty and one 42 shall serve for a term ending June thirtieth, nineteen hundred eighty- 43 five. The members from the counties of Dutchess, Orange, Putnam and 44 Rockland shall each cast one [collective] vote. 45 § 3. Subdivision 3 of section 1263 of the public authorities law, as 46 amended by chapter 929 of the laws of 1986, paragraph (b) as amended by 47 chapter 14 of the laws of 2006, is amended to read as follows: 48 3. [(a)] A majority of the whole number of members of the authority 49 then in office shall constitute a quorum for the transaction of any 50 business or the exercise of any power of the authority. Except as other- 51 wise specified in this title, for the transaction of any business or the 52 exercise of any power of the authority, the authority shall have power 53 to act by a majority vote of the members present at any meeting at which 54 a quorum is in attendance and except further, that in the event of a tie 55 vote the chairman shall cast one additional vote.A. 5560 4 1 [(b) For purposes of determining the presence of a quorum, and for2purposes of participation on any committee or subcommittee, those3members who collectively cast a single vote pursuant to the provisions4of paragraph (a) of subdivision one of this section shall be considered5to be a single member, and the presence of such member shall be deter-6mined as provided in this subdivision. Except as otherwise provided in a7by-law adopted as hereinafter provided, such single member constituting8those members entitled to a collective vote shall be deemed present as a9single member for purposes of a quorum if one or more of the members10then in office entitled to cast such collective vote is present, and11such collective vote shall be cast in accordance with the majority12agreement of the members entitled to a collective vote who are present13or in the event a single member entitled to a collective vote is present14it shall be cast by that member. To evidence the existence of such15majority agreement among the members entitled to a collective vote, each16such member shall be polled as to his vote and such poll shall be17recorded in the minutes. In the event a majority vote is not achieved by18the members entitled to a collective vote who are present, then the vote19shall not be cast. Nothing herein shall limit the right of an individual20member to participate in board meetings or in other activities of the21authority when the other members then in office entitled to collectively22cast a vote are not present. At any meeting of the authority at which23there is a quorum including all the members then in office entitled to24cast a collective vote, the authority may adopt a by-law or by-laws25regulating the casting of such collective vote, provided all members26then in office entitled to cast a collective vote affirmatively approve27such by-law or by-laws. Any action taken by the authority in accordance28with any such by-law or by-laws adopted pursuant to the provisions of29this paragraph shall take effect in the same manner as any other action30of the authority. Any such by-law or by-laws shall not provide for the31casting of any fractional vote. Nor shall such a by-law or by-laws32provide for the amendment, repeal or adoption in the future of such a33by-law or by-laws in a manner other than that set forth in this para-34graph.35(c) No provision of paragraph (b) of this subdivision relating to the36adoption of certain by-laws by the authority shall affect the manner in37which by-laws of the authority are adopted concerning any subject other38than the voting and presence for quorum purposes of the members from the39counties of Dutchess, Putnam, Orange and Rockland.40(d) Notwithstanding the provisions of paragraph (a) of subdivision one41of this section, any member appointed from the county of Dutchess,42Orange, Putnam or Rockland prior to the increase in the number of43members of the authority to include a member from each such county shall44continue in office as the member from such counties pursuant to section45five of the public officers law until the appointment and confirmation46of all of the new members from such counties pursuant to the provisions47of this section, and no individual member exercising a collective vote48appointed and confirmed pursuant to paragraph (a) of subdivision one of49this section shall take office until all such new members are appointed50and confirmed.] 51 § 4. This act shall take effect immediately, provided that the amend- 52 ments to paragraph (a) of subdivision 1 of section 1263 of the public 53 authorities law made by section one of this act shall be subject to the 54 expiration and reversion of such paragraph pursuant to chapter 549 of 55 the laws of 1994, as amended, when upon such date the provisions of 56 section two of this act shall take effect.