The New York State Senate

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

                                  1611

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Governmental Operations

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

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

                                                           LBD04996-01-9

A. 1611                             2

New York, which recommendations shall be fully and  properly  considered
but shall not be binding.
  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]
THE PUBLIC OFFICERS LAW.
  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.
  § 2. This act shall take effect immediately.