NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8035A
SPONSOR: Paulin 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.
STATE OF NEW YORK
________________________________________________________________________
8035--A
2021-2022 Regular Sessions
IN ASSEMBLY
June 7, 2021
___________
Introduced by M. of A. PAULIN -- (at request of the Governor) -- read
once and referred to the Committee on Ways and Means -- reported and
referred to the Committee on Rules -- Rules Committee discharged, bill
amended, ordered reprinted as amended and recommitted 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 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:
1 Section 1. Paragraph (b) of subdivision 1 of section 1263 of the
2 public authorities law, as amended by section 9 of subpart B of part ZZZ
3 of chapter 59 of the laws of 2019, is amended to read as follows:
4 (b) Vacancies occurring otherwise than by expiration of term shall be
5 filled in the same manner as original appointments for the balance of
6 the unexpired term, provided, however, that in the event of a vacancy
7 caused by the death, resignation, removal, or disability of the chair-
8 man, the vacancy shall be filled by the governor by and with the advice
9 and consent of the senate for the unexpired term. Notwithstanding any
10 other provision of law to the contrary, the governor shall designate an
11 acting chairman or acting chief executive officer as appropriate for a
12 period not to exceed six months or until a successor chairman or chief
13 executive officer has been confirmed by the senate, whichever comes
14 first. Upon the expiration of the six-month term, if the governor has
15 nominated a successor [chairman] to whichever vacancy exists, but the
16 senate has not acted upon the nomination, the acting chair or acting
17 chief executive officer can continue to serve [as acting chair] for an
18 additional ninety days or until the governor's successor [chair] nomi-
19 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.
LBD12027-06-1
A. 8035--A 2
1 § 2. Paragraph (a) of subdivision 4 of section 1263 of the public
2 authorities law, as amended by chapter 506 of the laws of 2009, is
3 amended to read as follows:
4 (a) [Notwithstanding any provision of law to the contrary, the chair-
5 man shall be the chief executive officer of the authority and shall be
6 responsible for the discharge of the executive and administrative func-
7 tions and powers of the authority.] The governor shall appoint the chief
8 executive officer of the authority by and with the advice and consent of
9 the senate. Such chief executive officer shall serve at the pleasure of
10 the governor. The chairman may appoint an executive director and such
11 other officials and employees as shall in his or her judgment be needed
12 to discharge the executive and administrative functions and powers of
13 the authority.
14 § 3. Paragraph (d) of subdivision 4 of section 1263 of the public
15 authorities law is REPEALED.
16 § 4. This act shall take effect immediately.
