S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5981
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 12, 2013
                                      ___________
       Introduced  by M. of A. NOLAN -- read once and referred to the Committee
         on Corporations, Authorities and Commissions
       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:
    1    Section 1. Subdivision 5 of section 1201  of  the  public  authorities
    2  law,  as  amended by chapter 929 of the laws of 1986, is amended to read
    3  as follows:
    4    5.  A majority of the whole number of members of the authority then in
    5  office shall constitute a quorum for the transaction of any business  or
    6  the  exercise  of any power of the authority.  A QUORUM SHALL BE PRESENT
    7  AT ANY PUBLIC HEARING REQUIRED BY LAW TO CONSIDER A PROPOSAL:    (A)  TO
    8  INCREASE  THE  RATE  OF  FARES  OR TOLLS TO BE CHARGED;  (B) TO CLOSE OR
    9  REDUCE ACCESS TO A PASSENGER STATION; OR (C) TO  DISCONTINUE  OR  REDUCE
   10  SERVICE  TO ANY RAPID TRANSIT OR OMNIBUS ROUTE. IN THE CASE OF ANY OTHER
   11  PUBLIC HEARINGS REQUIRED BY LAW,  THERE  SHALL  BE  NO  LESS  THAN  FOUR
   12  MEMBERS  OF THE AUTHORITY PRESENT; PROVIDED, HOWEVER, THAT SUCH REQUIRE-
   13  MENT SHALL NOT APPLY TO HEARINGS REQUIRED BY THE FEDERAL TRANSIT  ADMIN-
   14  ISTRATION OR THE EMINENT DOMAIN PROCEDURE LAW. Except as otherwise spec-
   15  ified in this title, for the transaction of any business or the exercise
   16  of any power of the authority, the authority shall have the power to act
   17  by  a  majority  vote  of  the members present at any meeting at which a
   18  quorum is in attendance.  In the event of a tie vote the chairman  shall
   19  cast  one  additional  vote.   For the purposes of the voting and quorum
   20  requirements of this subdivision, the voting and quorum requirements set
   21  forth in subdivision three of section twelve hundred sixty-three of this
   22  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
       A. 5981                             2
    1  adopted pursuant to the provisions of such subdivision shall be applica-
    2  ble hereto.
    3    S  2.  Paragraph  (a)  of  subdivision 3 of section 1263 of the public
    4  authorities law, as amended by chapter 929  of  the  laws  of  1986,  is
    5  amended to read as follows:
    6    (a) A majority of the whole number of members of the authority then in
    7  office  shall constitute a quorum for the transaction of any business or
    8  the exercise of any power of the authority.  A QUORUM SHALL  BE  PRESENT
    9  AT  ANY  PUBLIC  HEARING REQUIRED BY LAW TO CONSIDER A PROPOSAL:  (1) TO
   10  INCREASE THE RATE OF FARES OR TOLLS TO BE CHARGED;  (2)    TO  CLOSE  OR
   11  REDUCE  ACCESS  TO  A PASSENGER STATION; OR (3) TO DISCONTINUE OR REDUCE
   12  SERVICE TO ANY RAPID TRANSIT OR OMNIBUS ROUTE.  IN THE CASE OF ANY OTHER
   13  PUBLIC HEARINGS REQUIRED BY LAW,  THERE  SHALL  BE  NO  LESS  THAN  FOUR
   14  MEMBERS  OF THE AUTHORITY PRESENT; PROVIDED, HOWEVER, THAT SUCH REQUIRE-
   15  MENT SHALL NOT APPLY TO HEARINGS REQUIRED BY THE FEDERAL TRANSIT  ADMIN-
   16  ISTRATION OR THE EMINENT DOMAIN PROCEDURE LAW. Except as otherwise spec-
   17  ified in this title, for the transaction of any business or the exercise
   18  of  any power of the authority, the authority shall have power to act by
   19  a majority vote of the members present at any meeting at which a  quorum
   20  is in attendance and except further, that in the event of a tie vote the
   21  chairman shall cast one additional vote.
   22    S  3.  This  act  shall  take  effect  on  the first of September next
   23  succeeding the date on which it shall have become a law.