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.
