S T A T E O F N E W Y O R K
________________________________________________________________________
5611
2021-2022 Regular Sessions
I N A S S E M B L Y
February 22, 2021
___________
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 1 of part E of
chapter 39 of the laws of 2019, 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.
LBD07854-01-1
A. 5611 2
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 title 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.
Provided however, notwithstanding the foregoing residency requirement,
one of the five voting members appointed by the governor without recom-
mendation from any other person, other than the chairman, may be the
director of the New York state division of the budget, and provided
further that, in the event of such appointment, the budget director's
membership in the authority shall be deemed ex-officio. 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 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,
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 EACH cast one
[collective] vote.
§ 2. Paragraph (a) of subdivision 1 of section 1263 of the public
authorities law, as amended by section 2 of part E of chapter 39 of the
laws of 2019, 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-
A. 5611 3
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
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 title
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 commuter
transportation district. Provided however, notwithstanding the foregoing
residency requirement, one of the five voting members appointed by the
governor without recommendation from any other person, other than the
chairman, may be the director of the New York state division of the
budget, and provided further that, in the event of such appointment, the
budget director's membership in the authority shall be deemed ex-offi-
cio. 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-
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 EACH cast one [collective]
vote.
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§ 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.
[(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
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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.]
§ 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.