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

                                 9027--A

                          I N  A S S E M B L Y

                             March 10, 2014
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee  on  Corporations,  Authorities  and  Commissions   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public service law, in relation to the membership of
  the public service commission

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4 of the public service law, as amended by  chapter
155 of the laws of 1970, is amended as follows:
  S 4. The  public service commission.  1. There shall be in the depart-
ment of public service a public service commission, which shall  possess
the  powers and duties hereinafter specified, and also all powers neces-
sary or proper to enable it to carry out the purposes of  this  chapter.
The  commission  shall  consist  of  MEMBERS  AND  EX OFFICIO MEMBERS AS
FOLLOWS:
  (A) five members, to be appointed by the governor,  by  and  with  the
advice  and  consent of the senate. A commissioner APPOINTED PURSUANT TO
THIS PARAGRAPH shall be designated as chairman of the commission by  the
governor  to  serve  in such capacity at the pleasure of the governor or
until his OR HER term as commissioner expires whichever first occurs. No
more than three commissioners APPOINTED PURSUANT TO THIS  PARAGRAPH  may
be members of the same political party [unless, pursuant to action taken
under  subdivision  two,  the number of commissioners shall exceed five,
and in such event no more than four commissioners may be members of  the
same political party].
  (B) FOUR MEMBERS SHALL BE EX OFFICIO VOTING MEMBERS, AS FOLLOWS:
  (I) THE SPEAKER OF THE ASSEMBLY;
  (II) THE MINORITY LEADER OF THE ASSEMBLY;
  (III) THE TEMPORARY PRESIDENT OF THE SENATE; AND
  (IV) THE MINORITY LEADER OF THE SENATE.
  (C) TWO MEMBERS SHALL BE EX OFFICIO NON-VOTING MEMBERS, AS FOLLOWS:
  (I) THE ATTORNEY GENERAL OF THE STATE OF NEW YORK; AND
  (II) THE COMPTROLLER OF THE STATE OF NEW YORK.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14060-03-4

A. 9027--A                          2

  2.  [Notwithstanding  subdivision  one,  whenever the commission shall
certify to the governor that additional commissioners are needed for the
proper disposition of the business before it, the governor may  increase
the  membership  of  the  commission  to seven members by appointing two
additional  commissioners  by  and  with  the  advice and consent of the
senate. The terms of office of such  additional  commissioners  and  the
filling  of vacancies during such terms shall be governed by subdivision
three, except that upon the expiration of the terms of  such  additional
commissioners,  no  further appointments or reappointments shall be made
to such additional offices, unless the commission shall first certify to
the governor that the need for  additional  commissioners  continues  to
exist.
  3.]  The  term of office of a commissioner APPOINTED PURSUANT TO PARA-
GRAPH A OF SUBDIVISION ONE OF THIS SECTION shall be six years  from  the
first  day  of February of the calendar year in which he OR SHE shall be
appointed and SUCH commissioners shall serve on a full-time basis.  Upon
a  vacancy  [occuring] OCCURRING otherwise than by expiration of term in
the office of any SUCH commissioner,  the  governor,  by  and  with  the
advice  and consent of the senate, shall fill the vacancy by appointment
for the unexpired term.
  3. AN EX OFFICIO MEMBER MAY APPOINT A DESIGNEE TO REPRESENT HIM OR HER
ON THE COMMISSION.
  S 2. This act shall take effect immediately.