S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1150--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2009
                                      ___________
       Introduced  by  Sens.  LARKIN, BONACIC, LEIBELL, MORAHAN, SALAND -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee  on Transportation -- recommitted to the Committee on Trans-
         portation in accordance with  Senate  Rule  6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the public authorities law, in relation to granting each
         of the representatives of the counties of Dutchess, Putnam, Orange and
         Rockland on the metropolitan transportation authority a vote
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
    2  1263 of the public authorities law, as amended by section 3 of part H of
    3  chapter 25 of the laws of 2009, is amended to read as follows:
    4    (1) There is hereby created the "metropolitan transportation  authori-
    5  ty."  The authority shall be a body corporate and politic constituting a
    6  public benefit corporation. The authority shall consist of  a  chairman,
    7  sixteen  other  voting  members,  and  two non-voting and four alternate
    8  non-voting members, as described in subparagraph two of  this  paragraph
    9  appointed  by  the  governor  by  and with the advice and consent of the
   10  senate. Any member appointed to a term commencing on or after June thir-
   11  tieth, two thousand nine shall have experience in one  or  more  of  the
   12  following areas: transportation, public administration, business manage-
   13  ment,  finance,  accounting,  law,  engineering,  land  use,  urban  and
   14  regional  planning,  management  of  large   capital   projects,   labor
   15  relations,  or have experience in some other area of activity central to
   16  the mission of the authority. Four of the sixteen voting  members  other
   17  than  the  chairman  shall be appointed on the written recommendation of
   18  the mayor of the city of New  York;  and  each  of  seven  other  voting
   19  members  other than the chairman shall be appointed after selection from
   20  a written list of three recommendations from the chief executive officer
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07217-02-0
       S. 1150--A                          2
    1  of the county in which the  particular  member  is  required  to  reside
    2  pursuant to the provisions of this subdivision. Of the members appointed
    3  on  recommendation  of the chief executive officer of a county, one such
    4  member shall be, at the time of appointment, a resident of the county of
    5  Nassau,  one  a resident of the county of Suffolk, one a resident of the
    6  county of Westchester, one a resident of the county of Dutchess,  one  a
    7  resident of the county of Orange, one a resident of the county of Putnam
    8  and  one a resident of the county of Rockland, provided that the term of
    9  any member who is a resident of a county that  has  withdrawn  from  the
   10  metropolitan commuter transportation district pursuant to section twelve
   11  hundred  seventy-nine-b  of this article shall terminate upon the effec-
   12  tive date of such county's withdrawal from such district.  Of  the  five
   13  voting members, other than the chairman, appointed by the governor with-
   14  out recommendation from any other person, three shall be, at the time of
   15  appointment,  residents of the city of New York and two shall be, at the
   16  time of appointment, residents of such city or of any of  the  aforemen-
   17  tioned  counties  in  the metropolitan commuter transportation district.
   18  The chairman and each of the members shall be appointed for  a  term  of
   19  six  years,  provided  however,  that the chairman first appointed shall
   20  serve for a term ending June  thirtieth,  nineteen  hundred  eighty-one,
   21  provided that thirty days after the effective date of the chapter of the
   22  laws  of  two thousand nine which amended this subparagraph, the term of
   23  the chairman shall expire; provided, further,  that  such  chairman  may
   24  continue to discharge the duties of his or her office until the position
   25  of chairman is filled by appointment by the governor upon the advice and
   26  consent  of the senate and the term of such new chairman shall terminate
   27  June thirtieth, two thousand fifteen. The sixteen  other  members  first
   28  appointed  shall  serve  for  the  following terms: The members from the
   29  counties of Nassau and Westchester shall each serve for  a  term  ending
   30  June thirtieth, nineteen hundred eighty-five; the members from the coun-
   31  ty  of  Suffolk  and  from  the counties of Dutchess, Orange, Putnam and
   32  Rockland shall each serve for a term  ending  June  thirtieth,  nineteen
   33  hundred  ninety-two;  two  of the members appointed on recommendation of
   34  the mayor of the city of New York shall each serve  for  a  term  ending
   35  June  thirtieth,  nineteen hundred eighty-four and, two shall each serve
   36  for a term ending June thirtieth, nineteen hundred  eighty-one;  two  of
   37  the  members appointed by the governor without the recommendation of any
   38  other person shall each serve for a term ending June thirtieth, nineteen
   39  hundred eighty-two, two shall each serve for a term ending June  thirti-
   40  eth,  nineteen hundred eighty and one shall serve for a term ending June
   41  thirtieth, nineteen hundred eighty-five. The  two  non-voting  and  four
   42  alternate  non-voting members shall serve until January first, two thou-
   43  sand one. [The members from the counties of Dutchess, Orange, Putnam and
   44  Rockland shall cast one collective vote.]
   45    S 2. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
   46  authorities  law, as amended by section 4 of part H of chapter 25 of the
   47  laws of 2009, is amended to read as follows:
   48    (a) There is hereby created the "metropolitan transportation  authori-
   49  ty."  The authority shall be a body corporate and politic constituting a
   50  public benefit corporation. The authority shall consist  of  a  chairman
   51  and  sixteen  other  members  appointed  by the governor by and with the
   52  advice and consent of  the  senate.  Any  member  appointed  to  a  term
   53  commencing  on  or  after  June  thirtieth, two thousand nine shall have
   54  experience in one or more of the following areas of expertise:    trans-
   55  portation, public administration, business management, finance, account-
   56  ing, law, engineering, land use, urban and regional planning, management
       S. 1150--A                          3
    1  of  large  capital projects, labor relations, or have experience in some
    2  other area of activity central to the mission of the authority. Four  of
    3  the  sixteen  members  other than the chairman shall be appointed on the
    4  written recommendation of the mayor of the city of New York; and each of
    5  seven  other  members  other  than the chairman shall be appointed after
    6  selection from a written list of three recommendations  from  the  chief
    7  executive  officer  of  the  county  in  which  the particular member is
    8  required to reside pursuant to the provisions of  this  subdivision.  Of
    9  the  members  appointed on recommendation of the chief executive officer
   10  of a county, one such member shall be, at the  time  of  appointment,  a
   11  resident  of  the  county  of  Nassau;  one  a resident of the county of
   12  Suffolk; one a resident of the county of Westchester; [and] one a  resi-
   13  dent  of  the  county  of  Dutchess[,];  one a resident of the county of
   14  Orange[,]; one a resident of the county of Putnam; and one a resident of
   15  the county of Rockland, provided that the term of any member  who  is  a
   16  resident  of  a county that has withdrawn from the metropolitan commuter
   17  transportation   district   pursuant   to   section    twelve    hundred
   18  seventy-nine-b  of  this article shall terminate upon the effective date
   19  of such county's withdrawal from such district.  Of  the  five  members,
   20  other  than  the chairman, appointed by the governor without recommenda-
   21  tion from any other person, three shall be, at the time of  appointment,
   22  residents  of  the  city  of  New  York and two shall be, at the time of
   23  appointment, residents of such city or  of  any  of  the  aforementioned
   24  counties  in  the  metropolitan  commuter  transportation  district. The
   25  chairman and each of the members shall be appointed for a  term  of  six
   26  years,  provided  however, that the chairman first appointed shall serve
   27  for a term ending June thirtieth, nineteen hundred eighty-one,  provided
   28  that  thirty days after the effective date of the chapter of the laws of
   29  two thousand nine which amended this paragraph, the term of the chairman
   30  shall expire; provided, further, that  such  chairman  may  continue  to
   31  discharge  the  duties  of  his office until the position of chairman is
   32  filled by appointment by the governor upon the advice and consent of the
   33  senate and the term of such new chairman shall terminate June thirtieth,
   34  two thousand fifteen. The sixteen other members  first  appointed  shall
   35  serve  for  the following terms: The members from the counties of Nassau
   36  and Westchester shall each serve for a term ending June thirtieth, nine-
   37  teen hundred eighty-five; the members from the  county  of  Suffolk  and
   38  from  the  counties  of Dutchess, Orange, Putnam and Rockland shall each
   39  serve for a term ending June thirtieth, nineteen hundred ninety-two; two
   40  of the members appointed on recommendation of the mayor of the  city  of
   41  New  York  shall  each  serve for a term ending June thirtieth, nineteen
   42  hundred eighty-four and, two shall each serve for  a  term  ending  June
   43  thirtieth,  nineteen hundred eighty-one; two of the members appointed by
   44  the governor without the recommendation of any other person  shall  each
   45  serve for a term ending June thirtieth, nineteen hundred eighty-two, two
   46  shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
   47  eighty and one shall serve for a term ending  June  thirtieth,  nineteen
   48  hundred eighty-five. [The members from the counties of Dutchess, Orange,
   49  Putnam and Rockland shall cast one collective vote.]
   50    S  3. This act shall take effect immediately, provided that the amend-
   51  ments to subparagraph 1 of paragraph (a) of  subdivision  1  of  section
   52  1263 of the public authorities law made by section one of this act shall
   53  be subject to the expiration and reversion of such paragraph pursuant to
   54  section 3 of chapter 549 of the laws of 1994, as amended, when upon such
   55  date the provisions of section two of this act shall take effect.