What's happening
This bill changes how a quorum is defined for the Public Service Commission, basing it on total required members instead of appointed commissioners.
Why it matters
Redefines quorum based on the total required commission membership, not just currently appointed commissioners. this means vacancies will no longer lower the number needed for official decisions, making it harder to conduct business if seats are unfilled.
Could slow down decision-making if there are unfilled positions. on the Public Service Commission, since a majority of the full required membership (not just those appointed or present) would be needed to act.
Increases accountability for timely appointments by the Governor and Legislature. , as failure to fill commission vacancies could halt or delay important regulatory actions affecting utilities, energy, and telecommunications.
May impact regulatory stability and responsiveness. , especially during periods of turnover or political gridlock, since the commission could be unable to reach quorum and thus unable to take official actions.
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Who cares
Headline styles
Change Quorum Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
1 Co-sponsor
History
- Vetoed memo.224
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.390
- Substituted for A2363
- Referred to corporations, authorities and commissions
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1432
- 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 Definition
Assembly Floor Calendar · Sponsor Jeffrey Dinowitz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5430
2019-2020 Regular Sessions
IN SENATE
May 1, 2019
Introduced by Sens. COMRIE, 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.
LBD01327-01-9
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
2018 - A.9616 - Veto Memo No. 340 of 2018/S.7894 - Veto Memo No. 340 of 2018 2017 - A.6826A - Veto Memo No. 210 of 2017/S.5442A - Veto Memo No. 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.