senate Bill S3376

2013-2014 Legislative Session

Requires a quorum of members of the board of the New York city transit authority and the board of the MTA to attend certain public hearings

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Feb 01, 2013 referred to transportation

S3376 - Bill Details

See Assembly Version of this Bill:
A5981
Current Committee:
Senate Transportation
Law Section:
Public Authorities Law
Laws Affected:
Amd ยงยง1201 & 1263, Pub Auth L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5280, A5656
2009-2010: A1810

S3376 - Bill Texts

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Requires a quorum of members of the board of the New York city transit authority and the board of the metropolitan transportation authority to attend certain public hearings conducted by such authorities relating to increasing the rate of fares or tolls, closing or reducing access to a passenger station and discontinuing or reducing service to any rapid transit or omnibus route.

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BILL NUMBER:S3376

TITLE OF BILL: An act to amend the public authorities law, in relation
to requiring a quorum of members of the board of the New York city tran-
sit authority and the board of the metropolitan transportation authority
to attend certain public hearings conducted by such authorities

PURPOSE OF BILL: To require a quorum of members be present at public
hearings which the New York City Transit Authority and the Metropolitan
Transportation Authority may hold.

SUMMARY OF SPECIFIC PROVISIONS: Adds the holding of certain public
hearings to the quorum requirements for the transaction of business for
the New York City Transit Authority and the Metropolitan Transportation
Authority.

The legislation will require a quorum at hearings to consider (i) to
increase the rate of fares or tolls to be charged, (ii) to close or
reduce access to a passenger station; or (iii) to discontinue or reduce
service to any rapid transit or omnibus route.

In the case of any other public hearings required by law, there shall be
no less than four members of the authority present; provided, however,
that such requirement shall not apply to hearings required by the Feder-
al Transit Administration or the eminent domain procedure law.

JUSTIFICATION: The MTA has held public hearings where few or none of
the members of the MTA board have been present. The MTA board does not
currently interpret a public hearing as the transaction of business.

In 1990, a similar bill, requiring a quorum at all public hearings was
passed by the Senate and the Assembly (S.1252-A/A.1B51, 1990). The bill
was not submitted to the Governor as the MTA agreed to have a sufficient
number of board members attend public hearings. The MTA agreed to follow
the provisions of a compromise measure, A.12100, 1990. The provisions of
this bill are the same as A.12100, 1990.

Recently, at public hearings regarding service reductions, only three or
four members attended the public hearings. Often the public hearing
process is the only opportunity that the public has to directly express
their views to the MTA board at a convenient time and place. The purpose
of public hearings is to insure that there is interaction between the
public and the people charged with making decisions on the operation of
the transportation system.

LEGISLATIVE HISTORY: 2011-2012: S.5280 Referred to Transportation
Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Shall take effect on September 1st in the year after it
becomes law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3376

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, in relation to  requiring  a
  quorum  of members of the board of the New York city transit authority
  and the board of the metropolitan transportation authority  to  attend
  certain public hearings conducted by such authorities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 1201  of  the  public  authorities
law,  as  amended by chapter 929 of the laws of 1986, is amended to read
as follows:
  5.  A majority of the whole number of members of the authority then in
office shall constitute a quorum for the transaction of any business  or
the  exercise  of any power of the authority.  A QUORUM SHALL BE PRESENT
AT ANY PUBLIC HEARING REQUIRED BY LAW TO CONSIDER A PROPOSAL:    (A)  TO
INCREASE  THE  RATE  OF  FARES  OR TOLLS TO BE CHARGED;  (B) TO CLOSE OR
REDUCE ACCESS TO A PASSENGER STATION; OR (C) TO  DISCONTINUE  OR  REDUCE
SERVICE  TO ANY RAPID TRANSIT OR OMNIBUS ROUTE. IN THE CASE OF ANY OTHER
PUBLIC HEARINGS REQUIRED BY LAW,  THERE  SHALL  BE  NO  LESS  THAN  FOUR
MEMBERS  OF THE AUTHORITY PRESENT; PROVIDED, HOWEVER, THAT SUCH REQUIRE-
MENT SHALL NOT APPLY TO HEARINGS REQUIRED BY THE FEDERAL TRANSIT  ADMIN-
ISTRATION OR THE EMINENT DOMAIN PROCEDURE LAW. Except as otherwise spec-
ified in this title, for the transaction of any business or the exercise
of any power of the authority, the authority shall have the power to act
by  a  majority  vote  of  the members present at any meeting at which a
quorum is in attendance.  In the event of a tie vote the chairman  shall
cast  one  additional  vote.   For the purposes of the voting and quorum
requirements of this subdivision, the voting and quorum requirements set
forth in subdivision three of section twelve hundred sixty-three of this
article and in any by-law of the metropolitan  transportation  authority

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08335-01-3

S. 3376                             2

adopted pursuant to the provisions of such subdivision shall be applica-
ble hereto.
  S  2.  Paragraph  (a)  of  subdivision 3 of section 1263 of the public
authorities law, as amended by chapter 929  of  the  laws  of  1986,  is
amended to read as follows:
  (a) A majority of the whole number of members of the authority then in
office  shall constitute a quorum for the transaction of any business or
the exercise of any power of the authority.  A QUORUM SHALL  BE  PRESENT
AT  ANY  PUBLIC  HEARING REQUIRED BY LAW TO CONSIDER A PROPOSAL:  (1) TO
INCREASE THE RATE OF FARES OR TOLLS TO BE CHARGED;  (2)    TO  CLOSE  OR
REDUCE  ACCESS  TO  A PASSENGER STATION; OR (3) TO DISCONTINUE OR REDUCE
SERVICE TO ANY RAPID TRANSIT OR OMNIBUS ROUTE.  IN THE CASE OF ANY OTHER
PUBLIC HEARINGS REQUIRED BY LAW,  THERE  SHALL  BE  NO  LESS  THAN  FOUR
MEMBERS  OF THE AUTHORITY PRESENT; PROVIDED, HOWEVER, THAT SUCH REQUIRE-
MENT SHALL NOT APPLY TO HEARINGS REQUIRED BY THE FEDERAL TRANSIT  ADMIN-
ISTRATION OR THE EMINENT DOMAIN PROCEDURE LAW. Except as otherwise spec-
ified in this title, for the transaction of any business or the exercise
of  any power of the authority, the authority shall have power to act by
a majority vote of the members present at any meeting at which a  quorum
is in attendance and except further, that in the event of a tie vote the
chairman shall cast one additional vote.
  S  3.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.

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