S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5757
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 AN ACT in relation to appointing a fiscal monitor for  the  metropolitan
   transportation  authority;  and  providing  for  the  repeal  of  such
   provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Definitions.  For the purposes of this act, the following
 terms shall have the following meanings:
   1. "Monitor" shall mean the person appointed pursuant to  section  two
 of this act.
   2.  "MTA"  shall  mean  the New York State Metropolitan Transportation
 Authority.
   3. "Governor" shall mean the governor of the state of New York.
   4. "Comptroller" shall mean the state comptroller.
   § 2. Appointment. 1. The governor  shall  appoint  a  fiscal  monitor,
 subject  to  appropriation,  to  provide  direct oversight of the fiscal
 policies, practices, programs, and decisions of the  MTA.  The  governor
 shall  provide the monitor with technical support and assistance for the
 purposes of carrying out their duties under this act,  if  requested  by
 the monitor. The monitor shall serve at the pleasure of the governor.
   2.  The  monitor  shall be paid a fixed salary set by the governor and
 shall be reimbursed for actual and necessary expenses  incurred  in  the
 performance  of  their  duties  including travel and supplies. The costs
 associated with the implementation of this act shall  be  borne  by  the
 state and shall be paid through a state appropriation.
   3.  The  monitor  shall  be  a non-voting ex-officio member of the MTA
 board.  The monitor shall be an individual who is not an employee of the
 MTA or a relative of MTA board members at the time of their appointment.
 The monitor shall have experience in public finance and, to  the  extent
 practical, shall have experience in one or more of the following areas:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10055-01-3
              

 A. 5757                             2
 
   (a) transportation finance;
   (b) the operation of public authorities in New York;
   (c) public transportation; or
   (d) public policy.
   § 3. Meetings. The monitor shall be entitled to attend all meetings of
 the MTA board, including executive sessions; provided, however, that the
 monitor shall not be considered for purposes of establishing a quorum of
 the  board.  The MTA shall fully cooperate with any monitor appointed by
 the governor, including but not limited to providing such  monitor  with
 access  to  any  necessary  documents  and  records of the MTA including
 access to electronic information systems, databases, and planning  docu-
 ments, consistent with all applicable state and federal statutes includ-
 ing  but not limited to the Freedom of Information Law pursuant to arti-
 cle six of the public officers law and the Personal  Privacy  Protection
 Law pursuant to article 6-A of the public officers law.
   §  4.  Duties of the fiscal monitor. The fiscal monitor shall have the
 following duties, including but not limited to:
   1. Review and analyze the MTA's  annual  budget  and  financial  plan,
 including  operating  and capital expenses and revenues, and make recom-
 mendations for improving financial management and sustainability;
   2. Review and evaluate the MTA's debt levels and debt management prac-
 tices, and make recommendations for reducing  debt  and  improving  debt
 management;
   3.  Review  and  assess  the  MTA's  procurement  practices, including
 contracts for goods and services, and make recommendations for improving
 efficiency and reducing costs;
   4. Review and evaluate  the  MTA's  internal  controls  and  financial
 reporting practices, and make recommendations for improving transparency
 and accountability;
   5.  Monitor  and  report on the MTA's compliance with applicable laws,
 regulations, and policies relating to financial management  and  report-
 ing; and
   6. Provide regular reports to the governor, the state legislature, and
 the public on the MTA's financial performance and fiscal management.
   §  5.  This  act shall take effect immediately and shall expire and be
 deemed repealed five years after such effective date.