S T A T E O F N E W Y O R K
________________________________________________________________________
7353
I N S E N A T E
April 20, 2016
___________
Introduced by Sens. CROCI, SERINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to the eligibility of
individuals appointed to JCOPE
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 94 of the executive law, as
amended by section 6 of part A of chapter 399 of the laws of 2011, is
amended to read as follows:
2. The members of the commission shall be appointed as follows: three
members shall be appointed by the temporary president of the senate,
three members shall be appointed by the speaker of the assembly, one
member shall be appointed by the minority leader of the senate, one
member shall be appointed by the minority leader of the assembly, and
six members shall be appointed by the governor and the lieutenant gover-
nor. In the event that a vacancy arises with respect to a member of the
commission first appointed pursuant to the chapter of the laws of two
thousand eleven which amended this subdivision by a legislative leader,
the legislative leaders of the same political party in the same house
shall appoint a member to fill such vacancy irrespective of whether that
legislative leader's political party is in the majority or minority. Of
the members appointed by the governor and the lieutenant governor, at
least three members shall be and shall have been for at least three
years enrolled members of the major political party in which the gover-
nor is not enrolled. In the event of a vacancy in a position previously
appointed by the governor and lieutenant governor, the governor and
lieutenant governor shall appoint a member of the same political party
as the member that vacated that position. Prior to making their respec-
tive appointments, the governor and the lieutenant governor and the
legislative leaders shall solicit and receive recommendations for
appointees from the attorney general and the comptroller of the state of
New York, which recommendations shall be fully and properly considered
but shall not be binding.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14883-01-6
S. 7353 2
No individual shall be eligible for appointment as a member of the
commission who currently or within the last [three] TEN years:
(i) is or has been registered as a lobbyist in New York state;
(ii) is or has been a member of the New York state legislature, IS or
[a statewide] HAS BEEN AN elected official OF ANY CAPACITY or a commis-
sioner of an executive agency appointed by the governor; or
(iii) is or has been a political party chairman, as defined in para-
graph (k) of subdivision one of section seventy-three of this article.
No individual shall be eligible for appointment as a member of the
commission who currently or within the last [year] TEN YEARS is or has
been a state officer or employee or legislative employee as defined in
section seventy-three of the public officers law.
S 2. This act shall take effect immediately.