NY State Senate Bill 2011-S7840

Senate Bill S7840

2011-2012 Legislative Session

Enacts the Metropolitan Transportation Authority accountability and transparency act of 2012

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2012	referred to rules

2011-S7840 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Authorities Law
Laws Affected:: Add §1269-h, rpld §1263 subs 1 & 7, sub 3 ¶¶b, c & d, amd §1263, Pub Auth L

2011-S7840 (ACTIVE) - Summary

Enacts the Metropolitan Transportation Authority accountability and transparency act of 2012; creates a temporary reorganization board to recommend a statutory plan for the prospective governing structure required to ensure continued transparency, efficiency, and accountability of metropolitan region mass transportation operations.

2011-S7840 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7840

TITLE OF BILL:
An act to amend the public authorities law, in relation to enacting the
Metropolitan Transportation Authority accountability and transparency
act of 2012 and to repeal certain provisions of such law relating there-
to

PURPOSE:
Enacts the Metropolitan Transportation Authority Accountability and
Transparency Act of 2012.

SUMMARY OF PROVISIONS:
Section 1. Provides for a short title for the act; the "Metropolitan
Transportation Authority Accountability and Transparency Act of 2012."

Section 2. Contains legislative findings.

Section 3. Amends section 1269-h of the public authorities law to
provide that nothing in the article will be construed to accept a
liability or create a debt of the state.

Section 4. Repeals subdivisions 1 and 7 and paragraphs (b), (c), and (d)
of subdivision 3 of the public authorities law. Amends section 1263 of
the public authorities law to provide for a new subdivision 1 which
establishes a Metropolitan Transportation Authority reorganization

board. The board shall be composed of seventeen voting members with
specified appointing authorities and criteria. The board shall have
three ex officio members appointed by the governor upon recommendation
of The New York city transit authority advisory council, the Metro North
rail commuter council, and the Long Island rail road commuter's council.
The board will be terminated three years from the date of its creation
and will be required to propose recommendations to the governor and
state legislature regarding a statutory plan for the prospective govern-
ing structure of the Metropolitan Transportation Authority. This section
also requires that the structure of the reorganization board be deemed
to be incorporated within the existing certificate of incorporation of
the corporation.

Section 5 Provides for an effective date.

JUSTIFICATION:
The Metropolitan Transportation Authority (MTA) was established in 1965,
and since that date has had continuous cycles of financial instability
and crises As recently as 2009, New York State bailed out a troubled MTA
with a package of taxes and fees paid by consumers that included a
payroll tax, increased fees on drivers' licenses, learner's permits and
vehicle registrations As we continue to work towards easing the burdens
of fees imposed upon these consumer, every financial crisis within the
MTA poses an additional threat of fare hikes and service reductions,
Given the vital services that a sound mass transportation system

provides to citizens of the State, it is in the best interests of the
residents serviced by the MTA that we ensure that there is fiscal integ-
rity and responsibility within the organization by examining its oper-
ations and governing structure,

This legislation proposes a Metropolitan Transportation Authority reor-
ganization board that will establish a temporary, publicly-controlled,
governing structure of the MTA. that will be charged with examining
current operating procedures and proposing reforms for its prospective
administration that protects the interests of our citizens while improv-
ing service delivery in a cost-effective manner.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S7840 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7840

                            I N  S E N A T E

                             August 17, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public authorities law, in relation to enacting  the
  Metropolitan  Transportation Authority accountability and transparency
  act of 2012 and to repeal certain  provisions  of  such  law  relating
  thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the  "Metropolitan Transportation Authority accountability and transpar-
ency act of 2012".
  S 2. Legislative findings. 1. The legislature finds and declares  that
the  efficient and adequate transportation of mass transit riders within
the New York metropolitan area is of vital importance to  the  New  York
state economy.
  2. The legislature further declares that it is the policy of the state
that the preservation, strengthening and improvement of mass transporta-
tion  services  is  an  essential  public purpose, and that it is in the
public's interest for the state and its political subdivision, in  coop-
eration  with  other  levels of government, to take appropriate measures
and assume responsibilities  for  the  preservation  of  such  essential
services.
  3. The legislature finds that the Metropolitan Transportation Authori-
ty  was  authorized to incorporate by chapter 324 of the laws of 1965 to
serve as the  state's  instrument  for  the  carrying  out  of  programs
designed to continue and improve mass transit services.
  4.  The legislature further finds that the Metropolitan Transportation
Authority was additionally authorized under chapter 717 of the  laws  of
1967  to provide a greater degree of coordination of effort, development
and operation of public-owned mass transportation facilities within  the
metropolitan  region  operated by several agencies by placing such agen-
cies under the control of a single board  charged  with  the  additional
responsibility of developing and implementing a unified mass transporta-
tion policy for the region.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16429-01-2

S. 7840                             2

  5.  The  legislature declares that due to the continued decline in the
Metropolitan Transportation Authority's financial situation there is  an
urgent  and  immediate  need  for  the  stabilization, strengthening and
improvement of mass transportation services in  the  metropolitan  area.
Therefore,  the  legislature  declares that in order to ensure a healthy
economy for  the  state  and  the  New  York  metropolitan  region,  the
provision  of  adequate mass transportation facilities for the transport
of persons must be assured and this necessitates a temporary  structural
change  in the organization of the Metropolitan Transportation Authority
in the form of a temporary reorganization board which shall exist for  a
period of three years.
  6. The legislature further declares that this temporary reorganization
board  shall  replace the board authorized by section 1263 of the public
authorities law to  ensure  the  Metropolitan  Transportation  Authority
works  in  the best interest of taxpayers and mass transportation riders
alike by managing the metropolitan region mass transportation operations
with transparency, efficiency, and accountability.
  7. The legislature declares that in no later than one year the  tempo-
rary  board shall recommend a statutory plan for the prospective govern-
ing structure required to ensure continued transparency, efficiency, and
accountability of metropolitan region  mass  transportation  operations.
The  legislature further finds that these statutory changes are consist-
ent with existing authority  agreements,  necessary,  and  in  the  best
interest of the state's citizens in general.
  S  3.  The  public  authorities law is amended by adding a new section
1269-h to read as follows:
  S 1269-H. NO DEBT OF THE STATE.  NOTHING  IN  THIS  ARTICLE  SHALL  BE
CONSTRUED  TO ACCEPT A LIABILITY TO OR CREATE A DEBT OF THE STATE WITHIN
THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION.
  S 4. Subdivisions 1 and 7 and paragraphs (b), (c) and (d) of  subdivi-
sion  3 of section 1263 of the public authorities law are REPEALED and a
new subdivision 1 is added to read as follows:
  1. (A) THE BOARD OF DIRECTORS, TO BE CALLED THE METROPOLITAN TRANSPOR-
TATION  AUTHORITY  REORGANIZATION  BOARD,  SHALL  CONSIST  OF  SEVENTEEN
MEMBERS,  FOUR OF WHOM SHALL BE APPOINTED BASED ON THE WRITTEN RECOMMEN-
DATION OF THE MAYOR OF THE CITY OF NEW YORK, NINE TO BE APPOINTED BY THE
GOVERNOR, TWO TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF  THE  SENATE
AND TWO TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  (1) THE GOVERNOR SHALL NOMINATE A MEMBER TO SERVE AS CHAIR, SUBJECT TO
CONFIRMATION  BY  A  MAJORITY VOTE OF THE BOARD OF DIRECTORS. ALL NON-EX
OFFICIO MEMBERS SHALL HAVE EQUAL VOTING RIGHTS.
  (2) IN THE EVENT OF A MEMBER VACANCY OCCURRING BY  DEATH,  RESIGNATION
OR  OTHERWISE,  THE  RESPECTIVE  APPOINTING  OFFICER  OR  OFFICERS SHALL
APPOINT A SUCCESSOR WHO SHALL HOLD OFFICE FOR THE UNEXPIRED  PORTION  OF
THE TERM.
  (3)  THE  BOARD  SHALL  HAVE  EQUITABLE REPRESENTATION OF ALL AFFECTED
REGIONS WITH AT LEAST SIX VOTING MEMBERS REPRESENTING REGIONS OUTSIDE OF
THE CITY OF NEW YORK.
  (B) IN ADDITION TO THESE VOTING MEMBERS, THE BOARD SHALL HAVE THREE EX
OFFICIO MEMBERS TO ADVISE ON CRITICAL MASS  TRANSPORTATION  CONCERNS  OF
THE  METROPOLITAN  REGION,  ONE APPOINTED BY THE GOVERNOR BASED UPON THE
WRITTEN RECOMMENDATION OF THE NEW YORK CITY TRANSIT  AUTHORITY  ADVISORY
COUNCIL;  ONE APPOINTED BY THE GOVERNOR BASED UPON THE WRITTEN RECOMMEN-
DATION OF THE METRO NORTH RAIL COMMUTER COUNCIL; AND  ONE  APPOINTED  BY
THE  GOVERNOR  BASED  UPON THE WRITTEN RECOMMENDATION OF THE LONG ISLAND
RAIL ROAD COMMUTER'S COUNCIL.

S. 7840                             3

  (C) ALL DIRECTORS SHALL SERVE AT  THE  PLEASURE  OF  THEIR  APPOINTING
AUTHORITY.
  (D)  THE  BOARD,  WHICH  SHALL  BECOME EFFECTIVE UPON APPOINTMENT OF A
MAJORITY OF PUBLIC MEMBERS, SHALL TERMINATE THREE YEARS FROM ITS DATE OF
CREATION. THE BOARD SHALL PROPOSE, NO LESS THAN ONE HUNDRED EIGHTY  DAYS
PRIOR  TO ITS TERMINATION, RECOMMENDATIONS TO THE GOVERNOR AND THE STATE
LEGISLATURE REPRESENTING A STATUTORY PLAN FOR THE PROSPECTIVE  GOVERNING
STRUCTURE OF THE METROPOLITAN TRANSPORTATION AUTHORITY. THE REPORT SHALL
INCORPORATE  EQUITABLE  REPRESENTATION  OF  AFFECTED COUNTIES WITHIN THE
PROSPECTIVE  GOVERNING  STRUCTURE  OF  THE  METROPOLITAN  TRANSPORTATION
AUTHORITY  INCLUDING THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND,
NASSAU AND SUFFOLK.
  (E) UPON THE EFFECTIVE DATE OF THIS SUBDIVISION, THE STRUCTURE OF  THE
BOARD  OF  THE CORPORATION SHALL BE DEEMED TO BE INCORPORATED WITHIN AND
MADE PART OF THE CERTIFICATE OF INCORPORATION OF THE CORPORATION, AND NO
AMENDMENT TO SUCH CERTIFICATE OF INCORPORATION  SHALL  BE  NECESSARY  TO
GIVE  EFFECT  TO  ANY SUCH PROVISION, AND ANY PROVISION CONTAINED WITHIN
SUCH CERTIFICATE INCONSISTENT IN ANY MANNER SHALL BE SUPERSEDED  BY  THE
PROVISIONS  OF THIS SECTION. SUCH BOARD SHALL, HOWEVER, MAKE APPROPRIATE
CONFORMING CHANGES TO ALL GOVERNING DOCUMENTS OF THE CORPORATION INCLUD-
ING BUT NOT LIMITED TO CORPORATE BY-LAWS.
  S 5. This act shall take effect immediately; provided,  however,  that
section  four  of  this  act shall take effect upon the appointment of a
majority of public directors of the temporary  reorganization  board  of
the  Metropolitan  Transportation Authority as set forth in section four
of this act, provided that the chair  of  the  temporary  reorganization
board  shall  notify  the  legislative bill drafting commission upon the
occurrence in order that the commission may maintain  an  accurate  data
base of the official text of the laws of the state of New York in furth-
erance  of effecting the provisions of section 44 of the legislative law
and section 70-b of the public officers law.

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