S T A T E   O F   N E W   Y O R K
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                                  3332

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced by M. of A. BRENNAN, COLTON, DINOWITZ, PHEFFER -- Multi-Spon-
  sored by -- M. of A.  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
and subparagraph 1 as amended by section 3 of part H of  chapter  25  of
the laws of 2009, is amended to read as follows:
  1.  (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. 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, engineering, 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] THREE of the sixteen voting 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06052-01-1
              

A. 3332                             2

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
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, 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] TWO voting
members, other than the [chairman] CHAIRPERSON, appointed by the  gover-
nor  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, [residents] A
RESIDENT of such city or of any of the aforementioned  counties  in  the
metropolitan  commuter  transportation  district.  The [chairman] CHAIR-
PERSON 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, 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] CHAIRPERSON shall expire; provided, further, that
such [chairman] CHAIRPERSON may continue to discharge the duties of  his
or  her office until the position of [chairman] CHAIRPERSON is filled by
appointment by the governor upon the advice and consent  of  the  senate
and  the  term  of  such new [chairman] CHAIRPERSON shall terminate June
thirtieth,  two  thousand  fifteen.  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 coun-
ty  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  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  thirti-
eth,  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 thou-
sand one. The members from the counties of Dutchess, Orange, Putnam  and
Rockland shall cast one collective vote.

A. 3332                             3

  (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
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 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]
CHAIRPERSON and sixteen 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:    trans-
portation, public administration, business management, finance, account-
ing, law, engineering, 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]
THREE of the sixteen members other than the [chairman] CHAIRPERSON shall

A. 3332                             4

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 RECOMMEN-
DATION 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 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 CITY OF THE 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 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,  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] CHAIRPERSON shall expire; provided, further, that such
[chairman]  CHAIRPERSON  may  continue  to  discharge  the duties of his
office until  the  position  of  [chairman]  CHAIRPERSON  is  filled  by
appointment  by  the  governor upon the advice and consent of the senate
and the term of such new [chairman]  CHAIRPERSON  shall  terminate  June
thirtieth,  two  thousand  fifteen.  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 coun-
ty 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 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 thirti-
eth, nineteen hundred eighty and one shall serve for a term ending  June

A. 3332                             5

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.