NY State Senate Bill 2023-S5685

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Mar 13, 2023	referred to transportation

co-Sponsors

2023-S5685 (ACTIVE) - Details

See Assembly Version of this Bill:: A5757
Current Committee:: Senate Transportation
Law Section:: Public Authorities

2023-S5685 (ACTIVE) - Summary

Appoints a fiscal monitor for five years; defines terms; provides for such appointment; provides for the duties of such fiscal monitor.

2023-S5685 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5685

SPONSOR: MARTINEZ
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to improve the fiscal stability of the MTA
through accountability and review.

 
SUMMARY OF PROVISIONS:

Section 1. provides definitions

Section 2. provides for the appointment of a fiscal monitor for the
Metropolitan Transportation Authority (MTA). The fiscal monitor shall be
appointed by the governor and serve on the MTA board as a non-voting
ex-officio member. The monitor's responsibilities shall include provid-

ing director oversight of the fiscal policies, practices, programs, and
decisions of the MTA.

Section 3. provides that the monitor shall be entitled to attend all
meeting of the MTA board including executive sessions and further clari-
fies that the MTA shall fully cooperate with the monitor is the
execution of their duties.

Section 4. provides for the monitor's duties which shall include a
review and analysis of the MTA's annual budget and financial plan,
including the operating and capital expenses and revenues and make
recommendations for improving financial management and sustainability.
The monitor shall also review and evaluate the MTA's internal control
and financial reporting practices and make recommendations for improving
transparency

Section 5. is the enacting clause

 
JUSTIFICATION:

The MTA (Metropolitan Transportation Authority) is an essential public
service provider responsible for operating the largest transit system in
the United States. However, the MTA has been facing consistent fiscal
problems for several years, which have negatively affected millions of
New Yorkers who rely on public transit every day.

To address this issues, it is necessary to both provide the MTA with the
necessary funding to address its fiscal problems and improve its
services, while at the same time appoint a fiscal monitor to ensure the
MTA's finances are managed properly and effectively. The MTA has a long
history of fiscal mismanagement, including large deficits, excessive
borrowing, and insufficient investment in infrastructure.  This has led
to service cuts, fare hikes, and a deterioration of the transit system.

By implementing a fiscal monitor, the MTA can have an independent watch-
dog to oversee its finances and ensure they are being managed responsi-
bly. The monitor would have the authority to review the MTA's budget,
contracts, and spending practices, and to make recommendations for
improvements. This would help to prevent wasteful spending and ensure
resources are being allocated in the most efficient and effective way
possible.

Moreover, the fiscal monitor would also help to restore public trust in
the MTA's financial management. The MTA's consistent fiscal problems
have eroded public confidence in the agency and its ability to deliver
reliable and efficient transit services. By demonstrating a commitment
to transparent and accountable financial management, the MTA can begin
to rebuild that trust and restore its reputation as a reliable and
effective public agency.

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed five years after such effective date.

2023-S5685 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5685
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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

 S. 5685                             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.

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Senate Bill S5685

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2023-S5685 (ACTIVE) - Details

2023-S5685 (ACTIVE) - Summary

2023-S5685 (ACTIVE) - Sponsor Memo

2023-S5685 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5685

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Sponsored By

Monica R. Martinez

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Robert Jackson

2023-S5685 (ACTIVE) - Details

2023-S5685 (ACTIVE) - Summary

2023-S5685 (ACTIVE) - Sponsor Memo

2023-S5685 (ACTIVE) - Bill Text download pdf

Comments