What's happening
This bill changes the definition of a quorum for the Public Service Commission to require a majority of the total membership, not just appointed commissioners.
Why it matters
Ensures broader participation for decision-making. By requiring a majority of the total number of commission members (rather than just those currently appointed), the bill prevents a small, potentially unrepresentative group from making decisions when there are vacancies.
Raises the bar for official commission actions. The change increases the threshold for what counts as a quorum, making it harder for the commission to transact business without sufficient representation, which could slow down or halt decisions if appointments are delayed.
Places pressure on timely appointments. This adjustment incentivizes the governor and legislature to fill commission vacancies promptly, since business can be stalled by unfilled seats, potentially affecting oversight and regulation of public utilities and services.
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Who cares
Headline styles
Change Quorum Requirements
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Substituted by A9616
- Ordered to third reading cal.1952
- Committee discharged and committed to rules
- 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.
Change Quorum Rule
Vetoed · Sponsor Jeffrey Dinowitz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7894
IN SENATE
March 7, 2018
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
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.
LBD10314-04-8
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 telecommu- nications 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 in order to constitute a quorum as well as a minimum of three commis- sioners voting affirmatively for any decisions considered by the Commis- sion. 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
2017-18. S.5442-A/A.6826A - PASSED SENATE/PASSED ASSEMBLY - Veto Memo 210 of 2017
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.