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A08035 Summary:

BILL NOA08035A
 
SAME ASSAME AS S07233-A
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §1263, rpld §1263 sub 4 ¶(d), Pub Auth L
 
Relates to the authority and responsibility of the chairman of the metropolitan transportation authority.
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A08035 Actions:

BILL NOA08035A
 
06/07/2021referred to ways and means
06/09/2021reported referred to rules
06/10/2021amend (t) and recommit to rules
06/10/2021print number 8035a
06/10/2021reported
06/10/2021rules report cal.809
06/10/2021ordered to third reading rules cal.809
06/10/2021message of necessity - 3 day message
06/10/2021passed assembly
06/10/2021delivered to senate
06/10/2021REFERRED TO RULES
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A08035 Memo:

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.
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A08035 Text:



 
                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.
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