Senate Bill S4230

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

                                 4230--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 17, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the public authorities law, in relation to providing a
  voting membership on the metropolitan transportation  authority  board
  to a Richmond county resident

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph l of paragraph (a) and paragraph (b) of subdi-
vision 1 of section 1263 of the public authorities law,  subparagraph  l
of  paragraph (a) as amended by section 3 of part H of chapter 25 of the
laws of 2009 and paragraph (b) as amended by chapter 727 of the laws  of
1979, are amended and a new paragraph (c) is added to read as follows:
  (1)  There is hereby created the "metropolitan transportation authori-
ty." [The] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION,  THE
authority  shall  be  a body corporate and politic constituting a public
benefit corporation. The authority shall consist of a chairman,  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 of the sixteen 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10958-03-0
              

S. 4230--A                          2

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  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,
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 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 shall be, at  the
time  of  appointment, residents of such city or of any of the aforemen-
tioned 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 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.
  (b) [Vacancies] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF  THIS  SUBDIVI-
SION,  VACANCIES occurring otherwise than by expiration of term shall be
filled in the same manner as original appointments for  the  balance  of
the unexpired term.
  (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, THE SEVEN VOTING MEMBERS, OTHER THAN THE CHAIRMAN APPOINTED
BY THE GOVERNOR AFTER SELECTION FROM A WRITTEN LIST OF THREE RECOMMENDA-
TIONS FROM THE CHIEF EXECUTIVE  OFFICER  OF  THE  COUNTY  IN  WHICH  THE
PARTICULAR  MEMBER  IS  REQUIRED  TO RESIDE, SHALL BE INCREASED TO EIGHT
VOTING MEMBERS BY ADDING ONE, A RESIDENT OF RICHMOND COUNTY.  THE  TOTAL

S. 4230--A                          3

NUMBER  OF  BOARD  MEMBERS  SHALL  NOT  INCREASE AS THE NUMBER OF VOTING
MEMBERS APPOINTED BY THE GOVERNOR WITHOUT RECOMMENDATION FROM ANY  OTHER
PERSON,  SHALL  DECREASE FROM THREE RESIDENTS OF THE CITY OF NEW YORK TO
TWO  RESIDENTS OF THE CITY OF NEW YORK. THE VOTING MEMBER APPOINTED FROM
RICHMOND COUNTY SHALL SERVE A SIX YEAR TERM, AND SHALL BE SEATED AT  THE
FIRST  AVAILABLE  VACANCY  AMONG  THE FIVE VOTING MEMBERS OTHER THAN THE
CHAIRMAN APPOINTED BY THE GOVERNOR WITHOUT RECOMMENDATION FROM ANY OTHER
PERSON.
  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] EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, THE
authority shall be a body corporate and politic  constituting  a  public
benefit  corporation.  The  authority  shall  consist  of a chairman 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:  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
members other than the chairman shall be appointed on the written recom-
mendation  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 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. 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 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 shall be, at  the
time  of  appointment, residents of such city or of any of the aforemen-
tioned 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 paragraph, the term of  the
chairman shall expire; provided, further, that such chairman may contin-
ue  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 thir-
tieth, 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  thirti-

S. 4230--A                          4

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.  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,  however,  that
the  amendments 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.