S T A T E O F N E W Y O R K
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10694--A
I N A S S E M B L Y
April 14, 2010
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Introduced by M. of A. HYER-SPENCER -- read once and referred to the
Committee on Corporations, Authorities and Commissions -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public authorities law, in relation to providing a
voting membership on the metropolitan transportation authority board
to a Richmond county resident
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph l of paragraph (a) and paragraph (b) of subdi-
vision 1 of section 1263 of the public authorities law, subparagraph l
of paragraph (a) as amended by section 3 of part H of chapter 25 of the
laws of 2009 and paragraph (b) as amended by chapter 727 of the laws of
1979, are amended and a new paragraph (c) is added to read as follows:
(1) There is hereby created the "metropolitan transportation authori-
ty." [The] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, THE
authority shall be a body corporate and politic constituting a public
benefit corporation. The authority shall consist of a chairman, sixteen
other voting members, and two non-voting and four alternate non-voting
members, as described in subparagraph two of this paragraph appointed by
the governor by and with the advice and consent of the senate. Any
member appointed to a term commencing on or after June thirtieth, two
thousand nine shall have experience in one or more of the following
areas: transportation, public administration, business management,
finance, accounting, law, engineering, land use, urban and regional
planning, management of large capital projects, labor relations, or have
experience in some other area of activity central to the mission of the
authority. Four of the sixteen voting members other than the chairman
shall be appointed on the written recommendation of the mayor of the
city of New York; and each of seven other voting members other than the
chairman shall be appointed after selection from a written list of three
recommendations from the chief executive officer of the county in which
the particular member is required to reside pursuant to the provisions
of this subdivision. Of the members appointed on recommendation of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10958-04-0
A. 10694--A 2
chief executive officer of a county, one such member shall be, at the
time of appointment, a resident of the county of Nassau, one a resident
of the county of Suffolk, one a resident of the county of Westchester,
one a resident of the county of Dutchess, one a resident of the county
of Orange, one a resident of the county of Putnam and one a resident of
the county of Rockland, provided that the term of any member who is a
resident of a county that has withdrawn from the metropolitan commuter
transportation district pursuant to section twelve hundred
seventy-nine-b of this article shall terminate upon the effective date
of such county's withdrawal from such district. Of the five voting
members, other than the chairman, appointed by the governor without
recommendation from any other person, three shall be, at the time of
appointment, residents of the city of New York and two shall be, at the
time of appointment, residents of such city or of any of the aforemen-
tioned counties in the metropolitan commuter transportation district.
The chairman and each of the members shall be appointed for a term of
six years, provided however, that the chairman first appointed shall
serve for a term ending June thirtieth, nineteen hundred eighty-one,
provided that thirty days after the effective date of the chapter of the
laws of two thousand nine which amended this subparagraph, the term of
the chairman shall expire; provided, further, that such chairman may
continue to discharge the duties of his or her office until the position
of chairman is filled by appointment by the governor upon the advice and
consent of the senate and the term of such new chairman shall terminate
June thirtieth, two thousand fifteen. The sixteen other members first
appointed shall serve for the following terms: The members from the
counties of Nassau and Westchester shall each serve for a term ending
June thirtieth, nineteen hundred eighty-five; the members from the coun-
ty of Suffolk and from the counties of Dutchess, Orange, Putnam and
Rockland shall each serve for a term ending June thirtieth, nineteen
hundred ninety-two; two of the members appointed on recommendation of
the mayor of the city of New York shall each serve for a term ending
June thirtieth, nineteen hundred eighty-four and, two shall each serve
for a term ending June thirtieth, nineteen hundred eighty-one; two of
the members appointed by the governor without the recommendation of any
other person shall each serve for a term ending June thirtieth, nineteen
hundred eighty-two, two shall each serve for a term ending June thirti-
eth, nineteen hundred eighty and one shall serve for a term ending June
thirtieth, nineteen hundred eighty-five. The two non-voting and four
alternate non-voting members shall serve until January first, two thou-
sand one. The members from the counties of Dutchess, Orange, Putnam and
Rockland shall cast one collective vote.
(b) [Vacancies] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVI-
SION, VACANCIES occurring otherwise than by expiration of term shall be
filled in the same manner as original appointments for the balance of
the unexpired term.
(C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, THE SEVEN VOTING MEMBERS, OTHER THAN THE CHAIRMAN APPOINTED
BY THE GOVERNOR AFTER SELECTION FROM A WRITTEN LIST OF THREE RECOMMENDA-
TIONS FROM THE CHIEF EXECUTIVE OFFICER OF THE COUNTY IN WHICH THE
PARTICULAR MEMBER IS REQUIRED TO RESIDE, SHALL BE INCREASED TO EIGHT
VOTING MEMBERS BY ADDING ONE, A RESIDENT OF RICHMOND COUNTY. THE TOTAL
NUMBER OF BOARD MEMBERS SHALL NOT INCREASE AS THE NUMBER OF VOTING
MEMBERS APPOINTED BY THE GOVERNOR WITHOUT RECOMMENDATION FROM ANY OTHER
PERSON, SHALL DECREASE FROM THREE RESIDENTS OF THE CITY OF NEW YORK TO
TWO RESIDENTS OF THE CITY OF NEW YORK. THE VOTING MEMBER APPOINTED FROM
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RICHMOND COUNTY SHALL SERVE A SIX YEAR TERM, AND SHALL BE SEATED AT THE
FIRST AVAILABLE VACANCY AMONG THE FIVE VOTING MEMBERS OTHER THAN THE
CHAIRMAN APPOINTED BY THE GOVERNOR WITHOUT RECOMMENDATION FROM ANY OTHER
PERSON.
S 2. Paragraph (a) of subdivision 1 of section 1263 of the public
authorities law, as amended by section 4 of part H of chapter 25 of the
laws of 2009, is amended to read as follows:
(a) There is hereby created the "metropolitan transportation authori-
ty." [The] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, THE
authority shall be a body corporate and politic constituting a public
benefit corporation. The authority shall consist of a chairman and
sixteen other members appointed by the governor by and with the advice
and consent of the senate. Any member appointed to a term commencing on
or after June thirtieth, two thousand nine shall have experience in one
or more of the following areas of expertise: transportation, public
administration, business management, finance, accounting, law, engineer-
ing, land use, urban and regional planning, management of large capital
projects, labor relations, or have experience in some other area of
activity central to the mission of the authority. Four of the sixteen
members other than the chairman shall be appointed on the written recom-
mendation of the mayor of the city of New York; and each of seven other
members other than the chairman shall be appointed after selection from
a written list of three recommendations from the chief executive officer
of the county in which the particular member is required to reside
pursuant to the provisions of this subdivision. Of the members appointed
on recommendation of the chief executive officer of a county, one such
member shall be, at the time of appointment, a resident of the county of
Nassau; one a resident of the county of Suffolk; one a resident of the
county of Westchester; and one a resident of the county of Dutchess, one
a resident of the county of Orange, one a resident of the county of
Putnam and one a resident of the county of Rockland, provided that the
term of any member who is a resident of a county that has withdrawn from
the metropolitan commuter transportation district pursuant to section
twelve hundred seventy-nine-b of this article shall terminate upon the
effective date of such county's withdrawal from such district. Of the
five members, other than the chairman, appointed by the governor without
recommendation from any other person, three shall be, at the time of
appointment, residents of the city of New York and two shall be, at the
time of appointment, residents of such city or of any of the aforemen-
tioned counties in the metropolitan commuter transportation district.
The chairman and each of the members shall be appointed for a term of
six years, provided however, that the chairman first appointed shall
serve for a term ending June thirtieth, nineteen hundred eighty-one,
provided that thirty days after the effective date of the chapter of the
laws of two thousand nine which amended this paragraph, the term of the
chairman shall expire; provided, further, that such chairman may contin-
ue to discharge the duties of his office until the position of chairman
is filled by appointment by the governor upon the advice and consent of
the senate and the term of such new chairman shall terminate June thir-
tieth, two thousand fifteen. The sixteen other members first appointed
shall serve for the following terms: The members from the counties of
Nassau and Westchester shall each serve for a term ending June thirti-
eth, nineteen hundred eighty-five; the members from the county of
Suffolk and from the counties of Dutchess, Orange, Putnam and Rockland
shall each serve for a term ending June thirtieth, nineteen hundred
ninety-two; two of the members appointed on recommendation of the mayor
A. 10694--A 4
of the city of New York shall each serve for a term ending June thirti-
eth, nineteen hundred eighty-four and, two shall each serve for a term
ending June thirtieth, nineteen hundred eighty-one; two of the members
appointed by the governor without the recommendation of any other person
shall each serve for a term ending June thirtieth, nineteen hundred
eighty-two, two shall each serve for a term ending June thirtieth, nine-
teen hundred eighty and one shall serve for a term ending June thirti-
eth, nineteen hundred eighty-five. The members from the counties of
Dutchess, Orange, Putnam and Rockland shall cast one collective vote.
S 3. This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 1 of section 1263 of the
public authorities law made by section one of this act shall be subject
to the expiration and reversion of such paragraph pursuant to section 3
of chapter 549 of the laws of 1994, as amended, when upon such date the
provisions of section two of this act shall take effect.