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

---

S2002-2013 Actions

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

S2002-2013 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 Commis-
sion, 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.

S2002-2013 Text

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

                                    2002

                         2013-2014 Regular Sessions

                              I N  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