senate Bill S2002

Relates to election of public service commissioners

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 11 / Jan / 2013
    • TO ATTORNEY-GENERAL FOR OPINION
  • 06 / Feb / 2013
    • OPINION REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 13 / Jan / 2014
    • TO ATTORNEY-GENERAL FOR OPINION
  • 19 / Feb / 2014
    • OPINION REFERRED TO JUDICIARY

Summary

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

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Bill Details

See Assembly Version of this Bill:
A5635
Versions:
S2002
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 5 ยง4, Constn
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6295, A7174
2009-2010: S2319, A4069
2007-2008: A2796

Sponsor 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.

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

                                  2002

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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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