S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1082
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced  by  M. of A. BRENNAN, COLTON, DINOWITZ -- Multi-Sponsored by
         -- M. of A. CLARK, GLICK, GOTTFRIED, HOOPER -- 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:
    1    Section  1.  Paragraph  (a)  of  subdivision  1 of section 1263 of the
    2  public authorities law, as amended by chapter 549 of the  laws  of  1994
    3  and  subparagraph  1  as amended by section 3 of part H of chapter 25 of
    4  the laws of 2009, is amended to read as follows:
    5    (a) (1) There  is  hereby  created  the  "metropolitan  transportation
    6  authority."  The authority shall be a body corporate and politic consti-
    7  tuting a public benefit corporation. The authority shall  consist  of  a
    8  [chairman] CHAIRPERSON, sixteen other voting members, and two non-voting
    9  and  four alternate non-voting members, as described in subparagraph two
   10  of this paragraph appointed by the governor by and with the  advice  and
   11  consent  of  the senate. Any member appointed to a term commencing on or
   12  after June thirtieth, two thousand nine shall have experience in one  or
   13  more  of  the  following  areas:  transportation, public administration,
   14  business management, finance, accounting, law,  engineering,  land  use,
   15  urban and regional planning, management of large capital projects, labor
   16  relations,  or have experience in some other area of activity central to
   17  the mission of the authority. [Four] THREE of the sixteen voting members
   18  other than the [chairman] CHAIRPERSON shall be appointed on the  written
   19  recommendation of the mayor of the city of New York[;], ONE MEMBER OTHER
   20  THAN  THE CHAIRPERSON SHALL BE APPOINTED UPON THE WRITTEN RECOMMENDATION
   21  OF THE STATE COMPTROLLER, ONE MEMBER OTHER THAN THE CHAIRPERSON SHALL BE
   22  APPOINTED UPON THE WRITTEN RECOMMENDATION OF THE COMPTROLLER OF THE CITY
   23  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.
                                                                  LBD01702-01-5
       A. 1082                             2
    1  UPON  THE  WRITTEN  RECOMMENDATION  OF  THE  TEMPORARY  PRESIDENT OF THE
    2  SENATE, AND ONE MEMBER OTHER THAN THE  CHAIRPERSON  SHALL  BE  APPOINTED
    3  UPON THE WRITTEN RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, and each
    4  of  seven  other  voting  members  other than the [chairman] CHAIRPERSON
    5  shall be appointed after selection from a written list of  three  recom-
    6  mendations  from  the chief executive officer of the county in which the
    7  particular member is required to reside pursuant to  the  provisions  of
    8  this  subdivision.   THE MEMBERS APPOINTED BY THE STATE COMPTROLLER, THE
    9  COMPTROLLER OF THE CITY OF NEW YORK,  THE  TEMPORARY  PRESIDENT  OF  THE
   10  SENATE  AND  THE  SPEAKER  OF THE ASSEMBLY SHALL NOT BE EMPLOYEES OF THE
   11  STATE OR THE CITY OF NEW YORK. Of the members appointed  on  recommenda-
   12  tion  of  the chief executive officer of a county, one such member shall
   13  be, at the time of appointment, a resident of the county of Nassau,  one
   14  a  resident  of  the  county of Suffolk, one a resident of the county of
   15  Westchester, one a resident of the county of Dutchess, one a resident of
   16  the county of Orange, one a resident of the county of Putnam and  one  a
   17  resident of the county of Rockland, provided that the term of any member
   18  who  is  a resident of a county that has withdrawn from the metropolitan
   19  commuter transportation district  pursuant  to  section  twelve  hundred
   20  seventy-nine-b  of  this article shall terminate upon the effective date
   21  of such county's withdrawal from such district. Of the [five] TWO voting
   22  members, other than the [chairman] CHAIRPERSON, appointed by the  gover-
   23  nor  without recommendation from any other person, [three] ONE shall be,
   24  at the time of appointment, [residents] A RESIDENT of the  city  of  New
   25  York  and  [two] ONE shall be, at the time of appointment, [residents] A
   26  RESIDENT of such city or of any of the aforementioned  counties  in  the
   27  metropolitan  commuter  transportation  district.  The [chairman] CHAIR-
   28  PERSON and each of the members shall be appointed  for  a  term  of  six
   29  years, provided however, that the [chairman] CHAIRPERSON first appointed
   30  shall  serve  for a term ending June thirtieth, nineteen hundred eighty-
   31  one, provided that thirty days after the effective date of  the  chapter
   32  of  the  laws  of two thousand nine which amended this subparagraph, the
   33  term of the [chairman] CHAIRPERSON shall expire; provided, further, that
   34  such [chairman] CHAIRPERSON may continue to discharge the duties of  his
   35  or  her office until the position of [chairman] CHAIRPERSON is filled by
   36  appointment by the governor upon the advice and consent  of  the  senate
   37  and  the  term  of  such new [chairman] CHAIRPERSON shall terminate June
   38  thirtieth,  two  thousand  fifteen.  The  sixteen  other  members  first
   39  appointed  shall  serve  for  the  following terms: The members from the
   40  counties of Nassau and Westchester shall each serve for  a  term  ending
   41  June thirtieth, nineteen hundred eighty-five; the members from the coun-
   42  ty  of  Suffolk  and  from  the counties of Dutchess, Orange, Putnam and
   43  Rockland shall each serve for a term  ending  June  thirtieth,  nineteen
   44  hundred  ninety-two;  two  of the members appointed on recommendation of
   45  the mayor of the city of New York shall each serve  for  a  term  ending
   46  June  thirtieth,  nineteen hundred eighty-four and, two shall each serve
   47  for a term ending June thirtieth, nineteen hundred  eighty-one;  two  of
   48  the  members appointed by the governor without the recommendation of any
   49  other person shall each serve for a term ending June thirtieth, nineteen
   50  hundred eighty-two, two shall each serve for a term ending June  thirti-
   51  eth,  nineteen hundred eighty and one shall serve for a term ending June
   52  thirtieth, nineteen hundred eighty-five. The  two  non-voting  and  four
   53  alternate  non-voting members shall serve until January first, two thou-
   54  sand one. The members from the counties of Dutchess, Orange, Putnam  and
   55  Rockland shall cast one collective vote.
       A. 1082                             3
    1    (2)  There shall be two non-voting members and four alternate non-vot-
    2  ing members of the authority, as referred to in subparagraph one of this
    3  paragraph.
    4    The  first  non-voting  member shall be a regular mass transit user of
    5  the facilities of the authority and be recommended to  the  governor  by
    6  the  New  York city transit authority advisory council. The first alter-
    7  nate non-voting member shall be a  regular  mass  transit  user  of  the
    8  facilities  of  the  authority and be recommended to the governor by the
    9  Metro-North commuter council. The  second  alternate  non-voting  member
   10  shall  be a regular mass transit user of the facilities of the authority
   11  and be recommended  to  the  governor  by  the  Long  Island  Rail  Road
   12  commuter's council.
   13    The  second  non-voting member shall be recommended to the governor by
   14  the labor organization representing the majority  of  employees  of  the
   15  Long  Island  Rail  Road. The third alternate non-voting member shall be
   16  recommended to the governor by the labor organization  representing  the
   17  majority of employees of the New York city transit authority. The fourth
   18  alternate  non-voting member shall be recommended to the governor by the
   19  labor organization representing the majority of employees of the  Metro-
   20  North  Commuter  Railroad  Company.  The  [chairman]  CHAIRPERSON of the
   21  authority, at his direction,  may  exclude  such  non-voting  member  or
   22  alternate  non-voting  member from attending any portion of a meeting of
   23  the authority or of any committee established pursuant to paragraph  (b)
   24  of  subdivision  four of this section held for the purpose of discussing
   25  negotiations with labor organizations.
   26    The non-voting member and the two alternate non-voting members repres-
   27  enting the New York York city transit authority  advisory  council,  the
   28  Metro-North  commuter  council, and the Long Island Rail Road commuter's
   29  council shall serve eighteen month rotating terms, after which  time  an
   30  alternate  non-voting  member shall become the non-voting member and the
   31  rotation shall continue until each alternate member has served at  least
   32  one  eighteen  month  term  as a non-voting member. The other non-voting
   33  member and alternate non-voting members representing the New  York  city
   34  transit  authority,  Metro-North Commuter Railroad Company, and the Long
   35  Island Rail Road labor organizations shall serve eighteen month rotating
   36  terms, after which time an alternate non-voting member shall become  the
   37  non-voting  member  and the rotation shall continue until each alternate
   38  member has served at least one  eighteen  month  term  as  a  non-voting
   39  member.  The  transit  authority and the commuter railroads shall not be
   40  represented concurrently by the two non-voting members during  any  such
   41  eighteen month period.
   42    S  2.  Paragraph  (a)  of  subdivision 1 of section 1263 of the public
   43  authorities law, as amended by section 4 of part H of chapter 25 of  the
   44  laws of 2009, is amended to read as follows:
   45    (a)  There is hereby created the "metropolitan transportation authori-
   46  ty." The authority shall be a body corporate and politic constituting  a
   47  public  benefit corporation. The authority shall consist of a [chairman]
   48  CHAIRPERSON and sixteen other members appointed by the governor  by  and
   49  with  the  advice  and  consent of the senate. Any member appointed to a
   50  term commencing on or after June thirtieth, two thousand nine shall have
   51  experience in one or more of the following areas of expertise:    trans-
   52  portation, public administration, business management, finance, account-
   53  ing, law, engineering, land use, urban and regional planning, management
   54  of  large  capital projects, labor relations, or have experience in some
   55  other area of activity central to the mission of the  authority.  [Four]
   56  THREE of the sixteen members other than the [chairman] CHAIRPERSON shall
       A. 1082                             4
    1  be  appointed  on the written recommendation of the mayor of the city of
    2  New York[;], ONE MEMBER OTHER THAN THE CHAIRPERSON  SHALL  BE  APPOINTED
    3  UPON  THE  WRITTEN  RECOMMENDATION  OF THE STATE COMPTROLLER, ONE MEMBER
    4  OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED UPON THE WRITTEN RECOMMEN-
    5  DATION OF THE COMPTROLLER OF THE CITY OF NEW YORK, ONE MEMBER OTHER THAN
    6  THE  CHAIRPERSON  SHALL  BE APPOINTED UPON THE WRITTEN RECOMMENDATION OF
    7  THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE  MEMBER  OTHER  THAN  THE
    8  CHAIRPERSON  SHALL  BE  APPOINTED UPON THE WRITTEN RECOMMENDATION OF THE
    9  SPEAKER OF THE ASSEMBLY, and each of seven other members other than  the
   10  [chairman] CHAIRPERSON shall be appointed after selection from a written
   11  list  of  three  recommendations from the chief executive officer of the
   12  county in which the particular member is required to reside pursuant  to
   13  the  provisions  of this subdivision. THE MEMBERS APPOINTED BY THE STATE
   14  COMPTROLLER, THE COMPTROLLER OF THE CITY  OF  NEW  YORK,  THE  TEMPORARY
   15  PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY SHALL NOT BE
   16  EMPLOYEES OF THE STATE OR CITY OF THE NEW YORK. Of the members appointed
   17  on recommendation of the chief executive officer of a county,  one  such
   18  member shall be, at the time of appointment, a resident of the county of
   19  Nassau;  one  a resident of the county of Suffolk; one a resident of the
   20  county of Westchester; and one a resident of the county of Dutchess, one
   21  a resident of the county of Orange, one a  resident  of  the  county  of
   22  Putnam  and  one a resident of the county of Rockland, provided that the
   23  term of any member who is a resident of a county that has withdrawn from
   24  the metropolitan commuter transportation district  pursuant  to  section
   25  twelve  hundred  seventy-nine-b of this article shall terminate upon the
   26  effective date of such county's withdrawal from such  district.  Of  the
   27  [five]  TWO members, other than the [chairman] CHAIRPERSON, appointed by
   28  the governor without recommendation from any other person,  [three]  ONE
   29  shall be, at the time of appointment, [residents] A RESIDENT of the city
   30  of  New  York and [two] ONE shall be, at the time of appointment, [resi-
   31  dents] A RESIDENT of such city or of any of the aforementioned  counties
   32  in  the  metropolitan  commuter  transportation district. The [chairman]
   33  CHAIRPERSON and each of the members shall be appointed for a term of six
   34  years, provided however, that the [chairman] CHAIRPERSON first appointed
   35  shall serve for a term ending June thirtieth, nineteen  hundred  eighty-
   36  one,  provided  that thirty days after the effective date of the chapter
   37  of the laws of two thousand nine which amended this paragraph, the  term
   38  of the [chairman] CHAIRPERSON shall expire; provided, further, that such
   39  [chairman]  CHAIRPERSON  may  continue  to  discharge  the duties of his
   40  office until  the  position  of  [chairman]  CHAIRPERSON  is  filled  by
   41  appointment  by  the  governor upon the advice and consent of the senate
   42  and the term of such new [chairman]  CHAIRPERSON  shall  terminate  June
   43  thirtieth,  two  thousand  fifteen.  The  sixteen  other  members  first
   44  appointed shall serve for the following  terms:  The  members  from  the
   45  counties  of  Nassau  and Westchester shall each serve for a term ending
   46  June thirtieth, nineteen hundred eighty-five; the members from the coun-
   47  ty of Suffolk and from the counties  of  Dutchess,  Orange,  Putnam  and
   48  Rockland  shall  each  serve  for a term ending June thirtieth, nineteen
   49  hundred ninety-two; two of the members appointed  on  recommendation  of
   50  the  mayor  of  the  city of New York shall each serve for a term ending
   51  June thirtieth, nineteen hundred eighty-four and, two shall  each  serve
   52  for  a  term  ending June thirtieth, nineteen hundred eighty-one; two of
   53  the members appointed by the governor without the recommendation of  any
   54  other person shall each serve for a term ending June thirtieth, nineteen
   55  hundred  eighty-two, two shall each serve for a term ending June thirti-
   56  eth, nineteen hundred eighty and one shall serve for a term ending  June
       A. 1082                             5
    1  thirtieth,  nineteen  hundred eighty-five. The members from the counties
    2  of Dutchess, Orange, Putnam and Rockland shall cast one collective vote.
    3    S  3. This act shall take effect immediately, provided that the amend-
    4  ments to paragraph (a) of subdivision 1 of section 1263  of  the  public
    5  authorities  law made by section one of this act shall be subject to the
    6  expiration and reversion of such paragraph  pursuant  to  section  3  of
    7  chapter  549  of  the  laws of 1994, as amended, when upon such date the
    8  provisions of section two of this act shall take effect.