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S5442Senate2017-2018 SessionSame asA6826

Change Quorum Requirements

Official title

“Relates to the minimum requirements for a quorum”

Sponsor Michael H. RanzenhoferSD-61Affects Environment & Energy
Status
Senate Floor Calendar
Impact
3/10
Low
Passage
0%

Bill progress

Vetoed via A6826

What's happening

This bill changes quorum requirements for the New York Public Service Commission to be based on the total number of commission members required by law.

Why it matters

  1. Ensures quorum is based on the full, legally required membership. of the Public Service Commission, not just the number of currently appointed members, making it harder to proceed with fewer commissioners in place.

  2. Reduces the risk of decisions being made by a smaller, potentially unrepresentative group. if there are vacancies, thus promoting broader consensus and legitimacy in commission actions.

  3. May encourage faster appointments to vacancies. since the commission cannot conduct official business without a majority of the total required members, potentially reducing prolonged periods of reduced oversight or decision-making power.

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Who cares

Headline styles

Change Quorum Requirements

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael H. Ranzenhofer

Senator · Senate District 61

Chair, Corporations, Authorities And Commissions

No co-sponsors yet.

History

  1. Substituted by A6826A
  2. Ordered to third reading cal.2166
  3. Committee discharged and committed to rules
  4. Print number 5442a
  5. Amend and recommit to energy and telecommunications
  6. Referred to energy and telecommunications

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A6826Assembly

Change Quorum Definition Rules

Vetoed · Sponsor Jeffrey Dinowitz

Impact 3 · LowVetoed

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5442--A

2017-2018 Regular Sessions

IN SENATE

March 29, 2017

Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public service law, in relation to the minimum requirements for a quorum

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 11 of the public service law, as amended by chapter 371 of the laws of 1977, is amended to read as follows:

§ 11. Quorum; powers of a commissioner. A majority of the [duly appointed commissioners] total number of members of the commission, as such membership is required pursuant to section four of this article shall constitute a quorum and not less than a majority of such [commissioners] total number of members concurring may transact any business, perform any duty or exercise any power of the commission. The commission may hold meetings of the commission at any time or place within the state. Any investigation, inquiry or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner or before any specially authorized officer or employee of the commission, provided that at least one commissioner shall hold at least one public hearing without delegation of authority to any specially authorized hearing officer or employee when such hearings are mandated by applications for rate increases. All investigations, inquiries, hearings and decisions of a commissioner or specially authorized officer or employee shall be and be deemed to be the investigations, inquiries, hearings and decisions of the commission and every order made by a commissioner, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the order of the commission.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10314-03-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public service law, in relation to the minimum requirements for a quorum

Purpose or general idea of bill

To amend the quorum requirements of section 11 of the Public Service Law.

Summary of specific provisions

Amends section 11 of the Public Service Law to clarify that a quorum is a majority of the total number of members of the commission, as such membership is required pursuant to section four of article one of the Public Service Law, and restricts the commission from exercising any powers or duties without a quorum.

Justification

The Public Service Commission exercises jurisdiction over extremely important and complex cases regarding the state's energy and telecommunications markets. Current law requires the Commission's board to consist of five commissioners, with a majority constituting a quorum.

This law would clarify that there must be at least three commissioners appointed in order to constitute a quorum. With the complexity and breadth of cases that the Commission deals with on a daily basis, it is imperative that there be a sufficient number of commissioners that provide unique knowledge of, and experience in, the issues at hand.

Prior legislative history

New bill

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.