NY State Senate Bill 2023-S4374

Senate Bill S4374

2023-2024 Legislative Session

Relates to the metropolitan transportation authority's voting members; and repeals certain provisions of such law relating thereto

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Feb 07, 2023	referred to transportation

2023-S4374 (ACTIVE) - Details

See Assembly Version of this Bill:: A7774
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Rpld §1263 sub 1 ¶(a), amd §1263, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A5042
2021-2022: S4557, A1958

2023-S4374 (ACTIVE) - Summary

Changes the structure of the metropolitan transportation authority's voting members; requires a two-thirds vote for such authority to take on any new obligations.

2023-S4374 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4374

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to the metropol-
itan transportation authority's voting members and requires such author-
ity to approve new financial obligations by a two-thirds vote; and to
repeal certain provisions of such law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

The current MTA Board structure will be changed. The makeup of the Board
will be as follows:

- The NYC Mayor will appoint 2 members that must be confirmed by the NYC
Council -The Governor will appoint 2 members that must be confirmed by
the State Senate. -1 of the board appointees will be the NYC Comptroller

- 1 of the board appointees will be the NYS Comptroller

- The County Executives of Westchester, Putnam, Rockland, Orange, and
Dutchess County will have 1 collective vote

- The Nassau & Suffolk County Comptrollers will have 1 collective vote

- The Governor will appoint a Chairperson with the advice and consent of
the State Senate. The Chairperson will only have the power to vote to
break a Board tie.

- All votes involving the Authority taking on any new financial interest
must be by a two-thirds vote of its members in office.

 
SUMMARY OF PROVISIONS:

Section 1 changes the structure of the MTA Board

Section 2 amends public authorities law regarding voting by the MTA
Board. Section 3 sets the effective date.

 
JUSTIFICATION:

The status quo at the MTA is unacceptable. It has become a political
mess, with nobody wanting to take credit for who is responsible. By
reducing the board number, many political appointments are removed.  The
current monetary problems the MTA faces is also unacceptable, and by
placing numerous comptrollers on the board, the MTA will be better situ-
ated financially going forward. This proposed board Also will have many
individuals who have been elected by the people, and therefore will
result in a more accountable MTA.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S4557 / A1958

2019-2020: A5042

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4374 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4374
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law, in relation to the metropol-
   itan  transportation  authority's  voting  members  and  requires such
   authority to approve new financial obligations by a  two-thirds  vote;
   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  1  of  section  1263  of  the
 public  authorities  law is REPEALED and a new paragraph (a) is added to
 read as follows:
   (A)(1)  THERE  IS  HEREBY  CREATED  THE  "METROPOLITAN  TRANSPORTATION
 AUTHORITY."  THE AUTHORITY SHALL BE A BODY CORPORATE AND POLITIC CONSTI-
 TUTING A PUBLIC BENEFIT CORPORATION.  THE AUTHORITY SHALL CONSIST  OF  A
 CHAIRMAN,  EIGHT OTHER VOTING MEMBERS OR COLLECTIVES, 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. TWO OF THE EIGHT VOTING MEMBERS OR COLLEC-
 TIVES  OTHER THAN THE CHAIRMAN SHALL BE MEMBERS APPOINTED ON THE WRITTEN
 RECOMMENDATION OF THE MAYOR OF THE CITY OF NEW YORK UPON THE ADVICE  AND
 CONSENT  OF  THE  NEW YORK CITY COUNCIL; TWO OF THE VOTING MEMBERS OTHER
 THAN THE CHAIRMAN SHALL BE MEMBERS APPOINTED BY THE  GOVERNOR  UPON  THE
 ADVICE  AND  CONSENT OF THE SENATE; ONE OF THE VOTING MEMBERS OTHER THAN
 THE CHAIRMAN SHALL BE THE COMPTROLLER FOR NEW  YORK  CITY;  ONE  OF  THE
 VOTING  MEMBERS  OTHER  THAN THE CHAIRMAN SHALL BE THE STATE COMPTROLLER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08595-01-3

 S. 4374                             2
 
 EXCEPT WHERE SUCH MEMBER HAS A CONFLICT OF  INTEREST  WHERE  THE  DEPUTY
 STATE  COMPTROLLER  SHALL  BE  A  VOTING MEMBER OF THE BOARD; ONE OF THE
 COLLECTIVES, WHICH SHALL HOLD ONE COLLECTIVE VOTE, SHALL BE MADE  UP  OF
 THE COUNTY EXECUTIVES FOR ORANGE COUNTY, PUTNAM COUNTY, ROCKLAND COUNTY,
 DUTCHESS COUNTY, AND WESTCHESTER COUNTY; AND THE OTHER COLLECTIVE, WHICH
 SHALL  HOLD  ONE  COLLECTIVE VOTE, SHALL BE MADE UP OF THE NASSAU COUNTY
 COMPTROLLER AND THE SUFFOLK COUNTY COMPTROLLER. THE  CHAIRMAN  SHALL  BE
 APPOINTED  BY  THE  GOVERNOR AND CONFIRMED BY THE STATE SENATE AND SHALL
 NOT VOTE UNLESS THERE IS A TIE IN THE NUMBER OF VOTES BETWEEN THE  OTHER
 EIGHT  VOTING  MEMBERS AND COLLECTIVES. OF THE TWO VOTING MEMBERS, OTHER
 THAN THE CHAIRMAN, APPOINTED BY THE GOVERNOR, ONE SHALL BE, AT THE  TIME
 OF  APPOINTMENT, A RESIDENT OF THE CITY OF NEW YORK AND ONE SHALL BE, AT
 THE TIME OF APPOINTMENT, A RESIDENT OF SUCH CITY OR OF ANY OF THE AFORE-
 MENTIONED COUNTIES IN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT.
 THE CHAIRMAN AND EACH OF THE APPOINTED MEMBERS SHALL BE APPOINTED FOR  A
 TERM  OF FOUR YEARS, PROVIDED HOWEVER, THAT THIRTY DAYS AFTER THE EFFEC-
 TIVE DATE OF 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  TWENTY-SEVEN. THE TWO NON-VOTING AND FOUR ALTERNATE NON-VOTING
 MEMBERS SHALL SERVE UNTIL JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN.
   (2)(I) THERE SHALL BE TWO NON-VOTING MEMBERS AND FOUR  ALTERNATE  NON-
 VOTING  MEMBERS  OF THE AUTHORITY, AS REFERRED TO IN SUBPARAGRAPH ONE OF
 THIS PARAGRAPH.
   (II) THE FIRST NON-VOTING MEMBER SHALL BE A REGULAR MASS TRANSIT  USER
 OF THE FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE GOVERNOR BY
 THE  NEW  YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL. THE FIRST ALTER-
 NATE NON-VOTING MEMBER SHALL BE A  REGULAR  MASS  TRANSIT  USER  OF  THE
 FACILITIES  OF  THE  AUTHORITY AND BE RECOMMENDED TO THE GOVERNOR BY THE
 METRO-NORTH COMMUTER COUNCIL.   THE SECOND ALTERNATE  NON-VOTING  MEMBER
 SHALL  BE A REGULAR MASS TRANSIT USER OF THE FACILITIES OF THE AUTHORITY
 AND BE RECOMMENDED  TO  THE  GOVERNOR  BY  THE  LONG  ISLAND  RAIL  ROAD
 COMMUTER'S COUNCIL.
   (III)  THE SECOND NON-VOTING MEMBER SHALL BE RECOMMENDED TO THE GOVER-
 NOR BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF EMPLOYEES  OF
 THE  LONG  ISLAND RAIL ROAD. THE THIRD ALTERNATE NON-VOTING MEMBER SHALL
 BE RECOMMENDED TO THE GOVERNOR BY THE  LABOR  ORGANIZATION  REPRESENTING
 THE  MAJORITY  OF  EMPLOYEES OF THE NEW YORK CITY TRANSIT AUTHORITY. THE
 FOURTH ALTERNATE NON-VOTING MEMBER SHALL BE RECOMMENDED TO THE  GOVERNOR
 BY  THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF EMPLOYEES OF THE
 METRO-NORTH COMMUTER RAILROAD COMPANY. THE CHAIRMAN OF THE AUTHORITY, AT
 HIS DIRECTION, MAY EXCLUDE SUCH NON-VOTING MEMBER OR ALTERNATE  NON-VOT-
 ING  MEMBER  FROM ATTENDING ANY PORTION OF A MEETING OF THE AUTHORITY OR
 OF ANY COMMITTEE ESTABLISHED PURSUANT TO PARAGRAPH  (B)  OF  SUBDIVISION
 FOUR  OF  THIS  SECTION  HELD FOR THE PURPOSE OF DISCUSSING NEGOTIATIONS
 WITH LABOR ORGANIZATIONS.
   (IV) THE NON-VOTING MEMBER AND THE TWO  ALTERNATE  NON-VOTING  MEMBERS
 REPRESENTING  THE NEW YORK YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL,
 THE  METRO-NORTH  COMMUTER  COUNCIL,  AND  THE  LONG  ISLAND  RAIL  ROAD
 COMMUTER'S  COUNCIL  SHALL  SERVE  EIGHTEEN  MONTH ROTATING TERMS, AFTER
 WHICH TIME AN ALTERNATE NON-VOTING MEMBER SHALL  BECOME  THE  NON-VOTING
 MEMBER  AND  THE ROTATION SHALL CONTINUE UNTIL EACH ALTERNATE MEMBER HAS
 SERVED AT LEAST ONE EIGHTEEN MONTH TERM AS A  NON-VOTING  MEMBER.    THE
 OTHER  NON-VOTING  MEMBER  AND ALTERNATE NON-VOTING MEMBERS REPRESENTING
 S. 4374                             3
 
 THE NEW YORK  CITY  TRANSIT  AUTHORITY,  METRO-NORTH  COMMUTER  RAILROAD
 COMPANY,  AND  THE LONG ISLAND RAIL ROAD LABOR ORGANIZATIONS SHALL SERVE
 EIGHTEEN MONTH ROTATING TERMS, AFTER WHICH TIME AN ALTERNATE  NON-VOTING
 MEMBER SHALL BECOME THE NON-VOTING MEMBER AND THE ROTATION SHALL CONTIN-
 UE  UNTIL  EACH  ALTERNATE MEMBER HAS SERVED AT LEAST ONE EIGHTEEN MONTH
 TERM AS A NON-VOTING MEMBER. THE  TRANSIT  AUTHORITY  AND  THE  COMMUTER
 RAILROADS  SHALL  NOT  BE REPRESENTED CONCURRENTLY BY THE TWO NON-VOTING
 MEMBERS DURING ANY SUCH EIGHTEEN MONTH PERIOD.
   § 2. Paragraph (a) of subdivision 3 of  section  1263  of  the  public
 authorities  law,  as  amended  by  chapter  929 of the laws of 1986, is
 amended to read as follows:
   (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 otherwise speci-
 fied 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] THAT  ALL  VOTES  INVOLVING
 THE  AUTHORITY  TAKING ON ANY NEW FINANCIAL OBLIGATION MUST BE BY A TWO-
 THIRDS VOTE OF ITS MEMBER THEN IN OFFICE.
   § 3. This act shall take effect immediately.

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