NY State Senate Bill 2017-S6820

Archive: Last Bill Status - In Senate Committee Transportation 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
Jan 03, 2018	referred to transportation
Jun 20, 2017	referred to rules

2017-S6820 (ACTIVE) - Details

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

2017-S6820 (ACTIVE) - Summary

Relates to the metropolitan transportation authority.

2017-S6820 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6820

 TITLE OF BILL :

An act to amend the public authorities law, in relation to the
metropolitan transportation authority

 PURPOSE :

This legislation would increase the number of voting positions on the
Metropolitan Transportation Authority (MTA) board from 16 to 18 and
provide the chairman with additional voting power.

 SUMMARY OF PROVISIONS :

Sections 1 and 2 would amend Public Authorities Law § 1263 to increase
the number of voting positions on the MTA board from 16 to 18, and to
provide the chairman with additional voting powers. The term of these
new positions would begin upon the effective date of the act.

Section 3 would authorize the chairman to count as two board members
for purposes of quorum.

Section 4 and 5 would make corollary changes to the board composition
of the New York City Transit Authority and the Triborough Bridge
Authority.

Section 6 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.

Due to recent failures of Amtrak at Penn Station, however, there have
been an increasingly high number of track outages and service
disruptions impacting hundreds of thousands of riders. Despite the
need for clear leadership, however, the MTA's ability to address these
issues is substantially hampered by its board structure.

Bold action must therefore be taken to ensure clear accountability.
Currently, no appointing authority has a voting majority, which only
serves to exacerbate the problems that the authority is tasked with
resolving. By ensuring a majority vote, we can enable the MTA to
operate in the best interests of all New Yorkers. This will eliminate
any delays in making critical decisions that are necessary to
modernize the MTA and the services it provides. We owe this to the
ridership of the MTA region and the state as a whole.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None expected.

 EFFECTIVE DATE :
Immediate.

2017-S6820 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6820
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 20, 2017
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (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 metropol-
   itan transportation authority
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
 1263 of the public authorities law, as amended by section 3 of part H of
 chapter 25 of the laws of 2009, is amended to read as follows:
   (1)  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,
 WHO SHALL HAVE TWO VOTES, [sixteen] EIGHTEEN 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, engineer-
 ing, 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]
 EIGHTEEN  voting  members  other than the chairman 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 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 subdivi-
 sion. Of the members appointed on recommendation of the chief  executive
 officer  of  a county, one such member shall be, at the time of appoint-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD12023-02-7

 S. 6820                             2
 
 ment, 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 arti-
 cle shall terminate upon the effective date of such county's  withdrawal
 from  such  district. Of the [five] SEVEN voting members, other than the
 chairman, 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] FOUR shall be, at the  time  of  appoint-
 ment, residents of such city or of any of the aforementioned counties in
 the metropolitan commuter transportation district. The chairman and each
 of  the  members  shall  be  appointed for a term of six years, provided
 however, that the chairman 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 shall expire;
 provided, further, that such chairman  may  continue  to  discharge  the
 duties  of his or her office until the position of chairman is filled by
 appointment by the governor upon the advice and consent  of  the  senate
 and  the  term  of such new chairman shall terminate June thirtieth, two
 thousand fifteen. The [sixteen] EIGHTEEN 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  thirti-
 eth,  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 thirti-
 eth, 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 thirtieth, nine-
 teen  hundred  eighty and one shall serve for a term ending June thirti-
 eth, nineteen hundred eighty-five PROVIDED FURTHER, THAT THE  TWO  ADDI-
 TIONAL MEMBERS ESTABLISHED BY A CHAPTER OF THE LAWS OF 2017 THAT AMENDED
 THIS SUBPARAGRAPH SHALL BEGIN SERVING SUCH SIX YEAR TERM UPON THE EFFEC-
 TIVE  DATE  OF SUCH CHAPTER.  The two non-voting and four alternate non-
 voting members shall serve until January first, two  thousand  one.  The
 members from the counties of Dutchess, Orange, Putnam and Rockland shall
 cast one collective vote.
   §  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,
 WHO SHALL HAVE TWO VOTES, and [sixteen] EIGHTEEN 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

 S. 6820                             3
 
 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] EIGHTEEN members
 other than the chairman 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 shall be appointed after selection from a  writ-
 ten  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.  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] SEVEN members, other than the chairman, 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] FOUR
 shall be, at the time of appointment, residents of such city or  of  any
 of  the aforementioned counties in the metropolitan commuter transporta-
 tion district. The chairman and each of the members shall  be  appointed
 for  a  term  of  six  years,  provided however, that the chairman 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 shall  expire;  provided,  further,  that  such
 chairman  may  continue  to discharge the duties of his office until the
 position of chairman is filled by appointment by the governor  upon  the
 advice and consent of the senate and the term of such new chairman shall
 terminate  June  thirtieth, two thousand fifteen. The [sixteen] EIGHTEEN
 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 recommenda-
 tion 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
 thirtieth, nineteen hundred eighty and one shall serve for a term ending
 June thirtieth, nineteen hundred eighty-five PROVIDED FURTHER, THAT  THE
 TWO ADDITIONAL MEMBERS ESTABLISHED BY A CHAPTER OF THE LAWS OF 2017 THAT
 AMENDED  THIS  PARAGRAPH SHALL BEGIN SERVING SUCH SIX YEAR TERM UPON THE
 EFFECTIVE DATE OF SUCH CHAPTER. The members from the counties of  Dutch-
 ess, Orange, Putnam and Rockland shall cast one collective vote.
   §  3.  Paragraph  (b)  of  subdivision 3 of section 1263 of the public
 authorities law, as amended by chapter  14  of  the  laws  of  2006,  is
 amended to read as follows:

 S. 6820                             4
 
   (b)  For  purposes  of  determining  the presence of a quorum, and for
 purposes of  participation  on  any  committee  or  subcommittee,  those
 members  who  collectively cast a single vote pursuant to the provisions
 of paragraph (a) of subdivision one of this section shall be  considered
 to  be  a single member, and the presence of such member shall be deter-
 mined as provided in this subdivision AND THE CHAIRMAN SHALL BE  CONSID-
 ERED  TWO  MEMBERS.  Except as otherwise provided in a by-law adopted as
 hereinafter provided, such  single  member  constituting  those  members
 entitled to a collective vote shall be deemed present as a single member
 for  purposes  of  a quorum if one or more of the members then in office
 entitled to cast such collective vote is present,  and  such  collective
 vote  shall  be  cast  in  accordance with the majority agreement of the
 members entitled to a collective vote who are present or in the event  a
 single  member entitled to a collective vote is present it shall be cast
 by that member. To evidence the existence  of  such  majority  agreement
 among  the members entitled to a collective vote, each such member shall
 be polled as to his vote and such poll shall be recorded in the minutes.
 In the event a majority vote is not achieved by the members entitled  to
 a  collective  vote  who  are  present, then the vote shall not be cast.
 Nothing herein shall limit the right of an individual member to  partic-
 ipate in board meetings or in other activities of the authority when the
 other  members  then  in office entitled to collectively cast a vote are
 not present. At any meeting of the authority at which there is a  quorum
 including  all  the members then in office entitled to cast a collective
 vote, the authority may adopt a by-law or by-laws regulating the casting
 of such collective vote, provided all members then in office entitled to
 cast a collective vote affirmatively approve such by-law or by-laws. Any
 action taken by the authority in accordance  with  any  such  by-law  or
 by-laws  adopted pursuant to the provisions of this paragraph shall take
 effect in the same manner as any other action of the authority. Any such
 by-law or by-laws shall not provide for the casting  of  any  fractional
 vote.  Nor  shall  such  a  by-law or by-laws provide for the amendment,
 repeal or adoption in the future of such a by-law or by-laws in a manner
 other than that set forth in this paragraph.
   § 4. Subdivision 1 of section 1201 of the public authorities  law,  as
 amended  by  chapter  929  of  the  laws  of 1986, is amended to read as
 follows:
   1. A board, to be known as "New York City Transit Authority" is hereby
 created. Such board shall be a body corporate and politic constituting a
 public benefit corporation. It shall  consist  of  [seventeen]  NINETEEN
 members,  all serving ex officio. Those members shall be the persons who
 from time to time shall hold the offices of chairman, WHO SHALL HAVE TWO
 VOTES, and members of metropolitan transportation authority.
   § 5. 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 board, to be known as "Triborough bridge and tunnel authority" is
 hereby created. Such board shall be a body corporate and politic consti-
 tuting a public benefit corporation. It  shall  consist  of  [seventeen]
 NINETEEN  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, WHO SHALL HAVE TWO VOTES, shall be the chairman  of  metropolitan
 transportation  authority,  serving ex officio, and, provided that there
 is an executive director of the metropolitan  transportation  authority,
 the  executive director of the authority shall be the executive director

 S. 6820                             5

 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 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, 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.
   §  6. 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  chapter  549  of
 the  laws  of  1994,  as  amended, when upon such date the provisions of
 section two of this act shall take effect.

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Senate Bill S6820

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2017-S6820 (ACTIVE) - Details

2017-S6820 (ACTIVE) - Summary

2017-S6820 (ACTIVE) - Sponsor Memo

2017-S6820 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6820

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2017-S6820 (ACTIVE) - Details

2017-S6820 (ACTIVE) - Summary

2017-S6820 (ACTIVE) - Sponsor Memo

2017-S6820 (ACTIVE) - Bill Text download pdf

Comments