Bill S3376-2013

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

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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  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Feb 1, 2013: REFERRED TO TRANSPORTATION

Memo

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 transit 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 Federal 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3376 2013-2014 Regular Sessions IN SENATE 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
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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