What's happening
This bill proposes a constitutional amendment to require that New York public service commissioners be elected rather than appointed.
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Headline styles
Elect Public Service Commissioners
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
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.
Elect Public Service Commissioners
In Assembly Committee · Judiciary · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1645
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 4 of article 5 of the constitution, in relation to election of public service commissioners
Section 1. Resolved (if the Assembly concur), That section 4 of article 5 of the constitution be amended to read as follows:
§ 4. The head of the department of audit and control shall be the comptroller and of the department of law, the attorney-general. The head of the department of education shall be The Regents of the University of the State of New York, who shall appoint and at pleasure remove a commissioner of education to be the chief administrative officer of the department. The head of the department of agriculture and markets shall be appointed in a manner to be prescribed by law. The commissioners of public service shall be elected in a manner to be prescribed by law. Except as otherwise provided in this constitution, the heads of all other departments and the members of all boards and commissions, excepting temporary commissions for special purposes, shall be appointed by the governor by and with the advice and consent of the senate and may be removed by the governor, in a manner to be prescribed by law.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89028-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 4 of article 5 of the constitution, in relation to election of public service commissioners
Purpose
This amendment provides for the election of the Public Service Commissioners as the Legislature shall so prescribe by law. Under the existing section 4 of Article 5 of the Constitution, the Public Service commissioners are appointed by the Governor. This proposed amendment would allow the Legislature to establish a Public Service Commission that meets the needs of the public.
Justification
Public confidence in the existing, appointed Public Service Commission is waning. At a time when confidence in government is tantamount, the existing Public Service Commission has come under increasing criticism from both industry and individual citizens. The election of some or all of the members of the Public Service Commission would serve to restore public confidence in that body. The Legislature, in having the authority to provide for their election, would thereby be in a position to bring the Public Service Commission to its maximum performance.
Legislative history
2015-16: S1713/A6921 - Judiciary/ to attorney-general for opinion, opinion referred to judiciary 2013-14: S2002/A5635 - Judiciary/Corporations, Authorities & Commissions 2012: S6295/A7174 - Judiciary/Corporations, Authorities & Commissions
Fiscal implications
To be determined.
Effective date
Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.