S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3738
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee 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:
   (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
 OF NEW YORK, ONE MEMBER OTHER THAN THE CHAIRPERSON  SHALL  BE  APPOINTED
 UPON  THE  WRITTEN  RECOMMENDATION  OF  THE  TEMPORARY  PRESIDENT OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07498-01-7

 A. 3738                             2
 
 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. 3738                             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.
   §  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. 3738                             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. 3738                             5
 
 thirtieth,  nineteen  hundred eighty-five. The members from the counties
 of Dutchess, Orange, Putnam and Rockland shall cast one collective vote.
   §  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.