NY State Senate Bill S6825

senate Bill S6825

2017-2018 Legislative Session

Relates to the appointment of a chief executive officer for certain public authorities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jun 21, 2017	referred to rules

S6825 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1263, 1201, 552 & 1266, Pub Auth L

S6825 (ACTIVE) - Summary

Relates to the appointment of a chief executive officer for certain public authorities including the Metropolitan commuter transportation authority and the Triborough bridge and tunnel authority.

S6825 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6825

 TITLE OF BILL :  An act to amend the public authorities law, in
relation to the appointment of a chief executive officer for certain
public authorities

 PURPOSE OF THE BILL :

This legislation would provide for the separation of the Chairman and
Chief Executive Officer at the metropolitan transportation authority
(MTA).

 SUMMARY OF PROVISIONS :

Section 1 of the bill would repeal paragraphs (a) and (d) of
subdivision (4) of section 1263 of the Public Authorities Law and
provide for a new paragraph (a) that would separate the position of
chairman and chief executive officer of the MTA.

Section 2 of the bill would make conforming changes to section 1201 of
the Public Authorities Law associated with the MTA affiliate New York
City Transit Authority

Section 3 of the bill would make conforming changes to section 552 of
the Public Authorities Law associated with the MTA affiliate
Triborough Bridge and Tunnel Authority

Section 4 of the bill would make conforming changes to section 1266 of
the Public Authorities Law associated with the MTA

Section 5 of the bill would make it effective immediately.

 JUSTIFICATION :

The MTA is North America's largest transportation network, servicing a
population of 15.3 million people in the 5,000-square-mile area
fanning out from New York City through Long Island, southeastern New
York State and Connecticut. It is of the utmost importance to ensure
consistent, efficient and safe mass transportation to guarantee the
sustained viability of the State's economy and the protection and
livelihood of the State's residents and visitors.

Under current law, the Chairman of the MTA Board is required to serve
in two roles: (i) Chairman; and (ii) MTA's Chief Executive Officer.
Given the size and scope of the MTA, however, concentrating the
executive and administrative functions of the authority in one
individual significantly impacts the MTA's ability to effectively
address and respond to concerns in a timely manner. Separating the
Chairman and Chief Executive Officer positions will allow each to more
fully focus on their respective responsibilities and duties, thus
ensuring more efficient decision making. Further, it will provide
additional oversight on the MTA's day-to-day operations.  This will
ensure that decisions made at the MTA conform fully to the authority's
mandate.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediate.

S6825 (ACTIVE) - Bill Text download pdf


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

                                  6825

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 21, 2017
                               ___________

Introduced  by Sen. GOLDEN -- (at request of the Governor) -- 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 the  appoint-
  ment of a chief executive officer for certain public authorities

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

  Section 1. Paragraphs (a) and (d) of subdivision 4 of section 1263  of
the  public authorities law, paragraph (a) as amended by chapter 506 and
paragraph (d) as added by section 5 of part H of chapter 25 of the  laws
of 2009, are amended to read as follows:
  (a)  (I)  Notwithstanding  any  provision  of law to the contrary, the
chairman shall be the chief executive officer of the authority and shall
be responsible for the discharge of  the  executive  and  administrative
functions  and  powers  of  the authority.   The chairman may appoint an
executive director and such other officials and employees  as  shall  in
his or her judgment be needed to discharge the executive and administra-
tive functions and powers of the authority.
  (II)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE GOVERNOR
MAY APPOINT A CHIEF EXECUTIVE OFFICER WHO SHALL BE RESPONSIBLE  FOR  THE
DISCHARGE  OF  THE  EXECUTIVE AND ADMINISTRATIVE FUNCTIONS AND POWERS OF
THE AUTHORITY. THE CHIEF EXECUTIVE  OFFICER  MAY  APPOINT  AN  EXECUTIVE
DIRECTOR  AND  SUCH OTHER OFFICIALS AND EMPLOYEES AS SHALL IN HIS OR HER
JUDGMENT BE NEEDED TO DISCHARGE THE EXECUTIVE AND  ADMINISTRATIVE  FUNC-
TIONS AND POWERS OF THE AUTHORITY.
  (d)  Notwithstanding paragraph (c) of subdivision one of section twen-
ty-eight hundred twenty-four of this chapter or any other  provision  of
law  to the contrary, the chairman shall not participate in establishing
authority policies regarding the payment  of  salary,  compensation  and
reimbursement  to,  nor  establish rules for the time and attendance of,
the chief executive officer, EXCEPT FOR PURPOSES OF  A  CHIEF  EXECUTIVE

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

                                                           LBD12024-01-7

S. 6825                             2

OFFICER APPOINTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
SUBDIVISION.  The  salary  of  the  chairman,  as determined pursuant to
subdivision two of this section, shall  also  be  compensation  for  all
services performed as chief executive officer.
  §  2.  Subdivision 2 of section 1201 of the public authorities law, as
amended by chapter 506 of the laws  of  2009,  is  amended  to  read  as
follows:
  2.  (A)  The chairman of such board shall be the chairman of metropol-
itan transportation authority, serving ex officio[, and, provided that].
IF there is an executive director  of  the  metropolitan  transportation
authority,  the  executive director of the authority shall be the execu-
tive director of the metropolitan transportation authority,  serving  ex
officio.    Notwithstanding  any  provision  of law to the contrary, the
chairman shall be the chief executive officer of the authority and shall
be responsible for the discharge of  the  executive  and  administrative
functions  and  powers  of  the  authority.   The chairman and executive
director, if any, each shall be empowered to delegate his or  her  func-
tions  and powers to one or more officers or employees designated by him
or her.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A CHIEF  EXECU-
TIVE OFFICER APPOINTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
SUBDIVISION  FOUR OF SECTION TWELVE HUNDRED SIXTY-THREE OF THIS ARTICLE,
SHALL SERVE AS THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY, SERVING  EX
OFFICIO, AND SHALL BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND
ADMINISTRATIVE  FUNCTIONS  AND POWERS OF THE AUTHORITY. THE CHIEF EXECU-
TIVE OFFICER SHALL BE EMPOWERED TO DELEGATE HIS  OR  HER  FUNCTIONS  AND
POWERS TO ONE OR MORE OFFICERS OR EMPLOYEES DESIGNATED BY HIM OR HER.
  §  3.  Subdivision  1 of section 552 of the public authorities law, as
amended by chapter 506 of the laws  of  2009,  is  amended  to  read  as
follows:
  1.  (A) A board, to be known as "Triborough bridge and tunnel authori-
ty" is hereby created. Such board shall be a body corporate and  politic
constituting a public benefit corporation. It shall consist of seventeen
members,  all serving ex officio. Those members shall be the persons who
from time to time shall hold the offices  of  chairman  and  members  of
metropolitan  transportation authority. The chairman of such board shall
be the chairman of metropolitan  transportation  authority,  serving  ex
officio[,  and, provided that]. IF there is an executive director of the
metropolitan transportation authority, the  executive  director  of  the
authority  shall be the executive director of the metropolitan transpor-
tation authority, serving ex officio.  Notwithstanding any provision  of
law  to  the contrary, the chairman shall be the chief executive officer
of the authority and shall be responsible for the discharge of the exec-
utive and administrative functions and powers of  the  authority.    The
chairman  and  executive  director,  if  any, each shall be empowered to
delegate his or her functions and powers to the executive officer of the
Triborough bridge and tunnel authority or to such person as may  succeed
to  the  powers  and  duties of said executive officer. The chairman and
other members of the board hereby created, [and] the executive director,
if any, AND ANY CHIEF EXECUTIVE OFFICER ESTABLISHED  PURSUANT  TO  PARA-
GRAPH (B) OF THIS SUBDIVISION, shall not be entitled to compensation for
their  services  hereunder  but  shall  be entitled to reimbursement for
their actual and necessary expenses incurred in the performance of their
official duties.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE CHIEF EXEC-
UTIVE OFFICER APPOINTED PURSUANT TO SUBPARAGRAPH (II) OF  PARAGRAPH  (A)

S. 6825                             3

OF  SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-THREE OF THIS ARTI-
CLE, SHALL ALSO SERVE AS A CHIEF EXECUTIVE OFFICER OF THE AUTHORITY  AND
SHALL  BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND ADMINISTRA-
TIVE FUNCTIONS AND POWERS OF THE AUTHORITY.  THE CHIEF EXECUTIVE OFFICER
SHALL BE EMPOWERED TO DELEGATE HIS OR HER FUNCTIONS AND POWERS TO ONE OR
MORE OFFICERS OR EMPLOYEES DESIGNATED BY HIM OR HER.
  §  4.  The  opening  paragraph of subdivision 5 of section 1266 of the
public authorities law, as amended by chapter 506 of the laws  of  2009,
is amended to read as follows:
  (A) The authority may acquire, hold, own, lease, establish, construct,
effectuate,  operate,  maintain, renovate, improve, extend or repair any
transportation facilities through, and cause any  one  or  more  of  its
powers, duties, functions or activities to be exercised or performed by,
one or more wholly owned subsidiary corporations of the authority, or by
New York city transit authority or any of its subsidiary corporations in
the  case  of  transit  facilities  and may transfer to or from any such
corporations any moneys, real property or other property for any of  the
purposes of this title upon such terms and conditions as shall be agreed
to  and subject to such payment or repayment obligations as are required
by law or by any agreement to which any  of  the  affected  entities  is
subject. The directors or members of each such subsidiary corporation of
the  authority corporation shall be the same persons holding the offices
of members of the authority. The chairman of  the  board  of  each  such
subsidiary  shall  be  the chairman of the authority, serving ex officio
[and, provided that]. IF there is an executive director of the metropol-
itan transportation authority, the executive director of such subsidiary
shall be the  executive  director  of  the  metropolitan  transportation
authority,  serving ex officio.  Notwithstanding any provision of law to
the contrary, the chairman shall be the chief executive officer of  each
such subsidiary and shall be responsible for the discharge of the execu-
tive  and  administrative  functions and powers of each such subsidiary.
The chairman and executive director, if any, shall be empowered to dele-
gate his or her functions and powers to one or more officers or  employ-
ees of each such subsidiary designated by him or her.  Each such subsid-
iary corporation of the authority and any of its property, functions and
activities  shall have all of the privileges, immunities, tax exemptions
and other exemptions of the authority and of the  authority's  property,
functions  and  activities.  Each  such  subsidiary corporation shall be
subject to the restrictions and limitations to which the  authority  may
be  subject.  Each such subsidiary corporation of the authority shall be
subject to suit in accordance with section twelve hundred seventy-six of
this title. The employees of any  such  subsidiary  corporation,  except
those  who  are  also  employees  of  the authority, shall not be deemed
employees of the authority.
  (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A CHIEF  EXECU-
TIVE OFFICER APPOINTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
SUBDIVISION  FOUR  OF  SECTION TWELVE HUNDRED SIXTY-THREE OF THIS TITLE,
SHALL ALSO SERVE AS A CHIEF EXECUTIVE OFFICER OF  EACH  SUCH  SUBSIDIARY
AND SHALL BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND ADMINIS-
TRATIVE  FUNCTIONS AND POWERS OF EACH SUCH SUBSIDIARY.  THE CHIEF EXECU-
TIVE OFFICER SHALL BE EMPOWERED TO DELEGATE HIS  OR  HER  FUNCTIONS  AND
POWERS TO ONE OR MORE OFFICERS OR EMPLOYEES DESIGNATED BY HIM OR HER.
  § 5. This act shall take effect immediately.

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The New York State Senate

senate Bill S6825

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Your Voice

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S6825 (ACTIVE) - Details

S6825 (ACTIVE) - Summary

S6825 (ACTIVE) - Sponsor Memo

S6825 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6825

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Transportation Committee

Your Voice

Actions

S6825 (ACTIVE) - Details

S6825 (ACTIVE) - Summary

S6825 (ACTIVE) - Sponsor Memo

S6825 (ACTIVE) - Bill Text download pdf

Comments