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

                                  6638

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M.  of  A. BRENNAN, COLTON, DINOWITZ, BENJAMIN, PHEFFER,
  EDDINGTON, FIELDS -- Multi-Sponsored  by  --  M.  of  A.  CHRISTENSEN,
  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,
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.  [Four] THREE of the sixteen voting members other
than the [chairman] CHAIRPERSON shall be appointed on the written recom-
mendation 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05029-01-9
              

A. 6638                             2

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; and one a resident of the county of Dutchess, one  a  resi-
dent 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  metro-
politan  commuter  transportation  district  pursuant  to section twelve
hundred seventy-nine-b of this article shall terminate upon  the  effec-
tive  date of such county's withdrawal from such district. Of the [five]
TWO voting 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, and 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 county of Suffolk and from  the  coun-
ties  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 gover-
nor 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.  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 collec-
tive vote.
  (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

A. 6638                             3

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 chapter 929  of  the  laws  of  1986,  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. [Four] THREE of the sixteen
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 CHAIR-
PERSON SHALL BE APPOINTED UPON THE WRITTEN RECOMMENDATION OF THE  TEMPO-
RARY  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 THE CITY OF 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. 6638                             4

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, and 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 county of Suffolk and from  the  coun-
ties  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 gover-
nor 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.  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.