NY State Senate Bill 2021-S7233A

Senate Bill S7233A

2021-2022 Legislative Session

Relates to the authority and responsibility of the chairman of the metropolitan transportation authority; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jun 11, 2021	print number 7233a
Jun 11, 2021	amend (t) and recommit to rules
Jun 07, 2021	referred to rules

Bill Amendments

Original

A (Active)

2021-S7233 - Details

See Assembly Version of this Bill:: A8035
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §1263, rpld §1263 sub 4 ¶(d), Pub Auth L

2021-S7233 - Summary

Relates to the authority and responsibility of the chairman of the metropolitan transportation authority.

2021-S7233 - Sponsor Memo

                                
 
BILL NUMBER: S7233

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the authority
and responsibility of the chairman of the metropolitan transit authori-
ty; and to repeal certain provisions of such law relating thereto

 
PURPOSE:

The purpose of this bill is to separate the positions of the Chairman
and the Chief Executive Officer for the Metropolitan Transportation
Authority.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend paragraph (a) of subdivision 4 of
section 1263 of the Public Authorities Law to separate the positions of
the Chairman and Chief Executive Officer for the Metropolitan Transpor-
tation Authority.

Section 2 of the bill would repeal paragraph (d) of subdivision 4 of
section 1263 of the Public Authorities Law to remove the proscription
barring the Chairman of the Metropolitan Transportation Authority from
participating in establishing authority policies regarding payment of
salary and time and attendance for the Chief Executive Officer.

Section 3 of the bill is the effective date.

 
EXISTING LAW:

Under the current PAL Sec. 4(a), the Chair of the MTA and the Chief
Executive Officer of the MTA must be the same person.

Under the current PAL sec. 4(d), the Chair of the MTA may not partic-
ipate in the establishment of any authority policies regarding the
payment of salary nor time and attendance rules for the Chief Executive
Officer.

 
JUSTIFICATION:

The purpose of this bill is to eliminate the requirement that the Chair-
man and Chief Executive of the Metropolitan Transportation Authority be
filled by the same person. This requirement needlessly limits the pool
of individuals who can serve in the position. It would also bring the
Public Authorities Law into alignment with not-for-profit reform laws
which state that a Chief Executive Officer should not serve on the
board.

 
LEGISLATIVE HISTORY:

None.

 
BUDGET IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
Immediate.

2021-S7233 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7233
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by Sen. SAVINO -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 AN ACT to amend the public authorities law, in relation to the authority
   and responsibility of the chairman of the metropolitan transit author-
   ity; and to repeal certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  4 of section 1263 of the
 public authorities law, as amended by chapter 506 of the laws  of  2009,
 is amended to read as follows:
   (a)  [Notwithstanding any provision of law to the contrary, the chair-
 man shall be the chief executive officer of the authority and  shall  be
 responsible  for the discharge of the executive and administrative func-
 tions and powers of the authority.] THE GOVERNOR SHALL APPOINT THE CHIEF
 EXECUTIVE OFFICER OF THE AUTHORITY.  SUCH CHIEF EXECUTIVE OFFICER  SHALL
 SERVE AT THE PLEASURE OF THE GOVERNOR. The chairman may appoint an exec-
 utive director and such other officials and employees as shall in his or
 her  judgment  be  needed  to discharge the executive and administrative
 functions and powers of the authority.
   § 2. Paragraph (d) of subdivision 4 of  section  1263  of  the  public
 authorities law is REPEALED.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12027-01-1

2021-S7233A (ACTIVE) - Details

See Assembly Version of this Bill:: A8035
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §1263, rpld §1263 sub 4 ¶(d), Pub Auth L

2021-S7233A (ACTIVE) - Summary

Relates to the authority and responsibility of the chairman of the metropolitan transportation authority.

2021-S7233A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7233A      REVISED 06/11/2021

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the authority
and responsibility of the chairman of the metropolitan transportation
authority; and to repeal certain provisions of such law relating thereto

 
PURPOSE:

The purpose of this bill is to separate the positions of the Chairman
and the Chief Executive Officer for the Metropolitan Transportation
Authority.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend paragraph (a) of subdivision 4 of
section 1263 of the Public Authorities Law to separate the positions of
the Chairman and Chief Executive Officer for the Metropolitan Transpor-
tation Authority.

Section 2 of the bill would repeal paragraph (d) of subdivision 4 of
section 1263 of the Public Authorities Law to remove the proscription
barring the Chairman of the Metropolitan Transportation Authority from
participating in establishing authority policies regarding payment of
salary and time and attendance for the Chief Executive Officer.

Section 3 of the bill is the effective date.

 
EXISTING LAW:

Under the current PAL Sec. 4(a), the Chair of the MTA and the Chief
Executive Officer of the MTA must be the same person. Under the current
PAL sec. 4(d), the Chair of the MTA may not participate in the estab-
lishment of any authority policies regarding the payment of salary nor
time and attendance rules for the Chief Executive Officer.

 
JUSTIFICATION:

The purpose of this bill is to eliminate the requirement that the Chair-
man and Chief Executive of the Metropolitan Transportation Authority be
filled by the same person. This requirement needlessly limits the pool
of individuals who can serve in the position. It would also bring the
Public Authorities Law into alignment with not-for-profit reform laws
which state that a Chief Executive Officer should not serve on the
board.

 
LEGISLATIVE HISTORY:

None.

 
BUDGET IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
Immediate.

2021-S7233A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7233--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2021
                                ___________
 
 Introduced  by Sen. SAVINO -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules -- committee discharged, bill amended, ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the public authorities law, in relation to the authority
   and  responsibility of the chairman of the metropolitan transportation
   authority; and to repeal certain provisions of such law relating ther-
   eto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  (b)  of subdivision 1 of section 1263 of the
 public authorities law, as amended by section 9 of subpart B of part ZZZ
 of chapter 59 of the laws of 2019, is amended to read as follows:
   (b) 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, provided, however, that in the event  of  a  vacancy
 caused  by  the death, resignation, removal, or disability of the chair-
 man, the vacancy shall be filled by the governor by and with the  advice
 and  consent  of  the senate for the unexpired term. Notwithstanding any
 other provision of law to the contrary, the governor shall designate  an
 acting  chairman  OR ACTING CHIEF EXECUTIVE OFFICER AS APPROPRIATE for a
 period not to exceed six months or until a successor chairman  OR  CHIEF
 EXECUTIVE  OFFICER  has  been  confirmed  by the senate, whichever comes
 first. Upon the expiration of the six-month term, if  the  governor  has
 nominated  a  successor  [chairman] TO WHICHEVER VACANCY EXISTS, but the
 senate has not acted upon the nomination, the  acting  chair  OR  ACTING
 CHIEF  EXECUTIVE  OFFICER can continue to serve [as acting chair] for an
 additional ninety days or until the governor's successor  [chair]  nomi-
 nation is confirmed by the senate, whichever comes first.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12027-07-1

 S. 7233--A                          2
 
   §  2.  Paragraph  (a)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by chapter 506  of  the  laws  of  2009,  is
 amended to read as follows:
   (a)  [Notwithstanding any provision of law to the contrary, the chair-
 man shall be the chief executive officer of the authority and  shall  be
 responsible  for the discharge of the executive and administrative func-
 tions and powers of the authority.] THE GOVERNOR SHALL APPOINT THE CHIEF
 EXECUTIVE OFFICER OF THE AUTHORITY BY AND WITH THE ADVICE AND CONSENT OF
 THE SENATE.  SUCH CHIEF EXECUTIVE OFFICER SHALL SERVE AT THE PLEASURE OF
 THE GOVERNOR. The chairman may appoint an executive  director  and  such
 other  officials and employees as shall in his or her judgment be needed
 to discharge the executive and administrative functions  and  powers  of
 the authority.
   §  3.  Paragraph  (d)  of  subdivision 4 of section 1263 of the public
 authorities law is REPEALED.
   § 4. This act shall take effect immediately.

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