Bill S2002-2013

Relates to election of public service commissioners

Designates that the commissioners of public service shall be elected in a manner to be prescribed by law.

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  • Feb 19, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 6, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 9, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S2002

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 industry and individual citizens.

An election of some or all of the members of the Public Service Commission, would serve to restore and create 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: 2011-212: A.7174/S.6295 2009-2010: A.4069/S.2319 2007-2008: A.2796/S.1242 2005-2006: A.9277/S.2977 2003-2004: A.2237/S.1063 2001-2002: A.6505/S.1463 1999-2000: A.1795/S.1169 1997-1998: A.3179/S.4585 1995-1996: A.5988/S.4503

FISCAL IMPLICATIONS: None,

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2002 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
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 arti- cle 5 of the constitution be amended to read as follows: S 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, except- ing 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. S 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. LBD89068-01-3

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