S T A T E O F N E W Y O R K
________________________________________________________________________
5157
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
___________
Introduced by M. of A. BRENNAN, COLTON, DINOWITZ -- Multi-Sponsored by
-- M. of A. CLARK, GLICK, GOTTFRIED, HOOPER, SWEENEY -- read once and
referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the manner in
which the members of the metropolitan transportation authority shall
be appointed
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
and subparagraph 1 as amended by section 3 of part H of chapter 25 of
the laws of 2009, 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 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] THREE of the sixteen voting members
other than the [chairman] CHAIRPERSON shall be appointed on the written
recommendation of the mayor of the city of New York[;], ONE MEMBER OTHER
THAN THE CHAIRPERSON SHALL BE APPOINTED UPON THE WRITTEN RECOMMENDATION
OF THE STATE COMPTROLLER, ONE MEMBER OTHER THAN THE CHAIRPERSON SHALL BE
APPOINTED UPON THE WRITTEN RECOMMENDATION OF THE COMPTROLLER OF THE CITY
OF NEW YORK, ONE MEMBER OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09102-01-3
A. 5157 2
UPON THE WRITTEN RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
SENATE, AND ONE MEMBER OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED
UPON THE WRITTEN RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, 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. THE MEMBERS APPOINTED BY THE STATE COMPTROLLER, THE
COMPTROLLER OF THE CITY OF NEW YORK, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL NOT BE EMPLOYEES OF THE
STATE OR THE CITY OF NEW YORK. Of the members appointed on recommenda-
tion 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, 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] TWO voting
members, other than the [chairman] CHAIRPERSON, appointed by the gover-
nor without recommendation from any other person, [three] ONE shall be,
at the time of appointment, [residents] A RESIDENT of the city of New
York and [two] ONE shall be, at the time of appointment, [residents] A
RESIDENT of such city or of any of the aforementioned counties in the
metropolitan commuter transportation district. The [chairman] CHAIR-
PERSON 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 subparagraph, the
term of the [chairman] CHAIRPERSON shall expire; provided, further, that
such [chairman] CHAIRPERSON may continue to discharge the duties of his
or her 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 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.
A. 5157 3
(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.
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 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 discussing
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 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: trans-
portation, public administration, business management, finance, account-
ing, 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]
THREE of the sixteen members other than the [chairman] CHAIRPERSON shall
A. 5157 4
be appointed on the written recommendation of the mayor of the city of
New York[;], ONE MEMBER OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED
UPON THE WRITTEN RECOMMENDATION OF THE STATE COMPTROLLER, ONE MEMBER
OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED UPON THE WRITTEN RECOMMEN-
DATION OF THE COMPTROLLER OF THE CITY OF NEW YORK, ONE MEMBER OTHER THAN
THE CHAIRPERSON SHALL BE APPOINTED UPON THE WRITTEN RECOMMENDATION OF
THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE MEMBER OTHER THAN THE
CHAIRPERSON SHALL BE APPOINTED UPON THE WRITTEN RECOMMENDATION OF THE
SPEAKER OF THE ASSEMBLY, 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. THE MEMBERS APPOINTED BY THE STATE
COMPTROLLER, THE COMPTROLLER OF THE CITY OF NEW YORK, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL NOT BE
EMPLOYEES OF THE STATE OR CITY OF THE 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 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] TWO members, other than the [chairman] CHAIRPERSON, appointed by
the governor without recommendation from any other person, [three] ONE
shall be, at the time of appointment, [residents] A RESIDENT of the city
of New York and [two] ONE shall be, at the time of appointment, [resi-
dents] A RESIDENT of such city or of any of the aforementioned 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] 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] CHAIRPERSON 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 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
A. 5157 5
thirtieth, 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 that the amend-
ments 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.