S T A T E O F N E W Y O R K
________________________________________________________________________
6213
2015-2016 Regular Sessions
I N A S S E M B L Y
March 17, 2015
___________
Introduced by M. of A. BRABENEC -- 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 metropol-
itan transportation authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
1263 of the public authorities law, as amended by section 3 of part H of
chapter 25 of the laws of 2009, is amended to read as follows:
(1) 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,
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 thir-
tieth, two thousand nine shall have experience in one or more of the
following areas: transportation, public administration, business manage-
ment, 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09227-02-5
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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 effec-
tive date of such county's withdrawal from such district. Of the five
voting members, other than the chairman, appointed by the governor with-
out 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 EACH cast one [collective] vote.
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
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 of
the sixteen 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 members other than the chairman shall be appointed after
A. 6213 3
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 arti-
cle 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 aforementioned counties in the metropolitan commu-
ter transportation district. The chairman and each of the members shall
be appointed for a term of six years, provided however, that the chair-
man first appointed shall serve for a term ending June thirtieth, nine-
teen 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 continue 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 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 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 thirtieth, nineteen hundred eighty-
four and, two shall each serve for a term ending June thirtieth, nine-
teen 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, 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 EACH cast one [collective] vote.
S 3. Subdivision 3 of section 1263 of the public authorities law, as
amended by chapter 929 of the laws of 1986, paragraph (b) as amended by
chapter 14 of the laws of 2006, is amended to read as follows:
3. [(a)] A majority of the whole number of members of the authority
then in office shall constitute a quorum for the transaction of any
business or the exercise of any power of the authority. Except as other-
wise specified in this title, for the transaction of any business or the
exercise of any power of the authority, the authority shall have power
to act by a majority vote of the members present at any meeting at which
a quorum is in attendance and except further, that in the event of a tie
vote the chairman shall cast one additional vote.
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[(b) For purposes of determining the presence of a quorum, and for
purposes of participation on any committee or subcommittee, those
members who collectively cast a single vote pursuant to the provisions
of paragraph (a) of subdivision one of this section shall be considered
to be a single member, and the presence of such member shall be deter-
mined as provided in this subdivision. Except as otherwise provided in a
by-law adopted as hereinafter provided, such single member constituting
those members entitled to a collective vote shall be deemed present as a
single member for purposes of a quorum if one or more of the members
then in office entitled to cast such collective vote is present, and
such collective vote shall be cast in accordance with the majority
agreement of the members entitled to a collective vote who are present
or in the event a single member entitled to a collective vote is present
it shall be cast by that member. To evidence the existence of such
majority agreement among the members entitled to a collective vote, each
such member shall be polled as to his vote and such poll shall be
recorded in the minutes. In the event a majority vote is not achieved by
the members entitled to a collective vote who are present, then the vote
shall not be cast. Nothing herein shall limit the right of an individual
member to participate in board meetings or in other activities of the
authority when the other members then in office entitled to collectively
cast a vote are not present. At any meeting of the authority at which
there is a quorum including all the members then in office entitled to
cast a collective vote, the authority may adopt a by-law or by-laws
regulating the casting of such collective vote, provided all members
then in office entitled to cast a collective vote affirmatively approve
such by-law or by-laws. Any action taken by the authority in accordance
with any such by-law or by-laws adopted pursuant to the provisions of
this paragraph shall take effect in the same manner as any other action
of the authority. Any such by-law or by-laws shall not provide for the
casting of any fractional vote. Nor shall such a by-law or by-laws
provide for the amendment, repeal or adoption in the future of such a
by-law or by-laws in a manner other than that set forth in this para-
graph.
(c) No provision of paragraph (b) of this subdivision relating to the
adoption of certain by-laws by the authority shall affect the manner in
which by-laws of the authority are adopted concerning any subject other
than the voting and presence for quorum purposes of the members from the
counties of Dutchess, Putnam, Orange and Rockland.
(d) Notwithstanding the provisions of paragraph (a) of subdivision one
of this section, any member appointed from the county of Dutchess,
Orange, Putnam or Rockland prior to the increase in the number of
members of the authority to include a member from each such county shall
continue in office as the member from such counties pursuant to section
five of the public officers law until the appointment and confirmation
of all of the new members from such counties pursuant to the provisions
of this section, and no individual member exercising a collective vote
appointed and confirmed pursuant to paragraph (a) of subdivision one of
this section shall take office until all such new members are appointed
and confirmed.]
S 4. 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 chapter 549 of
the laws of 1994, as amended, when upon such date the provisions of
section two of this act shall take effect.