S T A T E O F N E W Y O R K
________________________________________________________________________
982
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PHEFFER, MAYERSOHN, ABBATE, WRIGHT -- Multi-Spon-
sored by -- M. of A. AUBRY, COOK, DINOWITZ, GLICK, MILLMAN, TOWNS --
read once and referred to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the public authorities law, in relation to the member-
ship of the metropolitan transportation authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 1263 of the
public authorities law, as amended by chapter 549 of the laws of 1994,
is amended to read as follows:
(a) (1) There is hereby created the "metropolitan transportation
authority." The authority shall be a body corporate and politic consti-
tuting a public benefit corporation. The authority shall consist of a
[chairman] CHAIRPERSON, [sixteen] TWENTY-ONE 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. Four of the [sixteen] TWENTY-ONE
voting members other than the [chairman] CHAIRPERSON 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] CHAIRPERSON
shall be appointed after selection from a written list of three recom-
mendations from the chief executive officer of the county in which the
particular member is required to reside pursuant to the provisions of
this subdivision AND FIVE MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE
APPOINTED AFTER SELECTION FROM A WRITTEN LIST OF THREE RECOMMENDATIONS
FROM EACH OF THE FIVE BOROUGH PRESIDENTS OF THE CITY OF NEW YORK. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00648-01-1
A. 982 2
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, AND OF THE MEMBERS APPOINTED ON THE RECOMMENDATION OF EACH OF
THE BOROUGH PRESIDENTS OF THE CITY OF NEW YORK, ONE SHALL BE A RESIDENT
OF THE BOROUGH OF BROOKLYN; ONE A RESIDENT OF THE BOROUGH OF MANHATTAN;
ONE A RESIDENT OF THE BOROUGH OF STATEN ISLAND; ONE A RESIDENT OF THE
BOROUGH OF QUEENS; ONE A RESIDENT OF THE BOROUGH OF THE BRONX; provided
that the term of any member who is a resident of a county OR BOROUGH
that has withdrawn from the metropolitan commuter transportation
district pursuant to section twelve hundred seventy-nine-b of this arti-
cle shall terminate upon the effective date of such county's OR
BOROUGH'S withdrawal from such district. Of the five voting members,
other than the [chairman] CHAIRPERSON, 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] CHAIRPERSON and each of the members shall be appointed
for a term of six years, provided however, that the [chairman] CHAIR-
PERSON first appointed shall serve for a term ending June thirtieth,
nineteen hundred eighty-one, and the [sixteen] TWENTY-ONE 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 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 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] TWO collective [vote] VOTES. THE FIVE MEMBERS
RECOMMENDED BY EACH OF THE PRESIDENTS OF THE FIVE BOROUGHS OF NEW YORK
CITY SHALL EACH SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND
FOURTEEN. EACH MEMBER SHALL CAST ONE VOTE APIECE. THE MEMBERS RECOM-
MENDED BY THE CHIEF EXECUTIVE OFFICERS OF SUFFOLK, NASSAU AND WESTCHES-
TER COUNTIES SHALL CAST TWO VOTES APIECE.
(2) There shall be two non-voting members and four alternate non-vot-
ing members of the authority, as referred to in subparagraph one of this
paragraph.
The first non-voting member shall be a regular mass transit user of
the facilities of the authority and be recommended to the governor by
the New York city transit authority advisory council. The first alter-
nate non-voting member shall be a regular mass transit user of the
facilities of the authority and be recommended to the governor by the
Metro-North commuter council. The second alternate non-voting member
shall be a regular mass transit user of the facilities of the authority
and be recommended to the governor by the Long Island Rail Road
commuter's council.
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The second non-voting member shall be recommended to the governor by
the labor organization representing the majority of employees of the
Long Island Rail Road. The third alternate non-voting member shall be
recommended to the governor by the labor organization representing the
majority of employees of the New York city transit authority. The fourth
alternate non-voting member shall be recommended to the governor by the
labor organization representing the majority of employees of the Metro-
North Commuter Railroad Company. The [chairman] CHAIRPERSON of the
authority, at his OR HER direction, may exclude such non-voting member
or alternate non-voting member from attending any portion of a meeting
of the authority or of any committee established pursuant to paragraph
(b) of subdivision four of this section held for the purpose of discuss-
ing negotiations with labor organizations.
The non-voting member and the two alternate non-voting members repres-
enting the New York [York] city transit authority advisory council, the
Metro-North commuter council, and the Long Island Rail Road commuter's
council shall serve eighteen month rotating terms, after which time an
alternate non-voting member shall become the non-voting member and the
rotation shall continue until each alternate member has served at least
one eighteen month term as a non-voting member. The other non-voting
member and alternate non-voting members representing the New York city
transit authority, Metro-North Commuter Railroad Company, and the Long
Island Rail Road labor organizations shall serve eighteen month rotating
terms, after which time an alternate non-voting member shall become the
non-voting member and the rotation shall continue until each alternate
member has served at least one eighteen month term as a non-voting
member. The transit authority and the commuter railroads shall not be
represented concurrently by the two non-voting members during any such
eighteen month period.
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 authority shall be a body corporate and politic constituting a
public benefit corporation. The authority shall consist of a [chairman]
CHAIRPERSON and [sixteen] TWENTY-ONE 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, 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] TWENTY-ONE members other than the
[chairman] CHAIRPERSON shall be appointed on the written recommendation
of the mayor of the city of New York; and each of seven other members
other than the [chairman] CHAIRPERSON 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 AND FIVE MEMBERS
OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED AFTER SELECTION FROM A
WRITTEN LIST OF THREE RECOMMENDATIONS FROM EACH OF THE FIVE BOROUGH
PRESIDENTS OF THE CITY OF NEW YORK. Of the members appointed on recom-
mendation 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
A. 982 4
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, AND OF THE MEMBERS
APPOINTED ON THE RECOMMENDATION OF EACH OF THE BOROUGH PRESIDENTS OF THE
CITY OF NEW YORK, ONE SHALL BE A RESIDENT OF THE BOROUGH OF BROOKLYN;
ONE A RESIDENT OF THE BOROUGH OF MANHATTAN; ONE A RESIDENT OF THE
BOROUGH OF STATEN ISLAND; ONE A RESIDENT OF THE BOROUGH OF QUEENS; ONE A
RESIDENT OF THE BOROUGH OF THE BRONX; provided that the term of any
member who is a resident of a county OR BOROUGH 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 OR BOROUGH'S withdrawal from such
district. Of the five members, other than the [chairman] CHAIRPERSON,
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 aforementioned counties in the metropolitan commu-
ter transportation district. The [chairman] CHAIRPERSON and each of the
members shall be appointed for a term of six years, provided however,
that the [chairman] CHAIRPERSON 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] CHAIR-
PERSON shall expire; provided, further, that such [chairman] CHAIRPERSON
may continue to discharge the duties of his office until the position of
[chairman] CHAIRPERSON is filled by appointment by the governor upon the
advice and consent of the senate and the term of such new [chairman]
CHAIRPERSON shall terminate June thirtieth, two thousand fifteen. The
[sixteen] TWENTY-ONE 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 county of Suffolk and from the coun-
ties 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 gover-
nor 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, nineteen hundred eighty and
one shall serve for a term ending June thirtieth, nineteen hundred
eighty-five. The members from the counties of Dutchess, Orange, Putnam
and Rockland shall cast [one] TWO collective [vote] VOTES. THE FIVE
MEMBERS RECOMMENDED BY EACH OF THE PRESIDENTS OF THE FIVE BOROUGHS OF
THE CITY OF NEW YORK SHALL EACH SERVE FOR A TERM ENDING JUNE THIRTIETH,
TWO THOUSAND FOURTEEN. EACH MEMBER SHALL CAST ONE VOTE APIECE. THE
MEMBERS RECOMMENDED BY THE CHIEF EXECUTIVE OFFICERS OF SUFFOLK, NASSAU
AND WESTCHESTER COUNTIES SHALL CAST TWO VOTES APIECE.
S 3. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a law; provided 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.