Bill Text: NY A07300 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to the membership of the public service commission.
Spectrum: Strong Partisan Bill (Democrat 31-3)
Status: (Introduced - Dead) 2016-01-06 - referred to corporations, authorities and commissions [A07300 Detail]
Download: New_York-2015-A07300-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7300--A 2015-2016 Regular Sessions I N A S S E M B L Y May 4, 2015 ___________ Introduced by M. of A. BRENNAN, BRONSON, GOTTFRIED, JAFFEE, KEARNS, LINARES, MAYER, MOSLEY, SILVER, SIMON, TITONE, CAHILL, ORTIZ -- Multi-Sponsored by -- M. of A. ABBATE, BLAKE, COOK, DAVILA, ENGLE- BRIGHT, GLICK, GUNTHER, HEVESI, HIKIND, LENTOL, MARKEY, McDONOUGH, MONTESANO, NOLAN, RAIA, RIVERA, SCHIMMINGER, THIELE -- read once and referred to the Committee 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: 1 Section 1. Section 4 of the public service law, as amended by chapter 2 155 of the laws of 1970, is amended to read as follows: 3 S 4. The public service commission. (A) 1. There shall be in the 4 department of public service a public service commission, which shall 5 possess the powers and duties hereinafter specified, and also all powers 6 necessary or proper to enable it to carry out the purposes of this chap- 7 ter. The commission shall consist of [five] ELEVEN members, NINE VOTING 8 AND TWO NON-VOTING, AS FOLLOWS: SEVEN VOTING MEMBERS to be appointed by 9 the governor, by and with the advice and consent of the senate, ONE UPON 10 THE RECOMMENDATION OF THE ATTORNEY GENERAL AND ONE UPON THE RECOMMENDA- 11 TION OF THE STATE COMPTROLLER; ONE VOTING MEMBER APPOINTED BY THE SPEAK- 12 ER OF THE ASSEMBLY; ONE VOTING MEMBER APPOINTED BY THE TEMPORARY PRESI- 13 DENT OF THE SENATE; AND ONE NON-VOTING MEMBER APPOINTED BY THE MINORITY 14 LEADER OF THE ASSEMBLY AND ONE NON-VOTING MEMBER APPOINTED BY THE MINOR- 15 ITY LEADER OF THE SENATE. [A commissioner shall be designated as chair- 16 man of the commission by the governor to serve in such capacity at the 17 pleasure of the governor or until his term as commissioner expires 18 whichever first occurs. No more than three commissioners may be members 19 of the same political party unless, pursuant to action taken under EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10415-03-5 A. 7300--A 2 1 subdivision two, the number of commissioners shall exceed five, and in 2 such event no more than four commissioners may be members of the same 3 political party.] THE VOTING MEMBERS OF THE COMMISSION SHALL ELECT A 4 CHAIRPERSON FROM AMONG ITS MEMBERS. 5 (B) TO THE MAXIMUM EXTENT POSSIBLE, THE COMMISSIONERS SHALL POSSESS 6 BROAD AND EXTENSIVE KNOWLEDGE AND EXPERIENCE IN THE AREAS OF ENERGY AND 7 TELECOMMUNICATIONS ISSUES, FINANCING AND REGULATION OF UTILITIES, RATE- 8 MAKING, OR CONSUMER PROTECTION AND ADVOCACY. 9 2. [Notwithstanding subdivision one, whenever the commission shall 10 certify to the governor that additional commissioners are needed for the 11 proper disposition of the business before it, the governor may increase 12 the membership of the commission to seven members by appointing two 13 additional commissioners by and with the advice and consent of the 14 senate. The terms of office of such additional commissioners and the 15 filling of vacancies during such terms shall be governed by subdivision 16 three, except that upon the expiration of the terms of such additional 17 commissioners, no further appointments or reappointments shall be made 18 to such additional offices, unless the commission shall first certify to 19 the governor that the need for additional commissioners continues to 20 exist. 21 3.] The term of office of a commissioner shall be six years from the 22 first day of February of the calendar year in which he shall be 23 appointed and commissioners shall serve on a full-time basis. Upon a 24 vacancy occurring otherwise than by expiration of term in the office of 25 any commissioner, [the governor, by and with the advice and consent of 26 the senate,] THE APPROPRIATE APPOINTING AUTHORITY DESCRIBED IN SUBDIVI- 27 SION ONE OF THIS SECTION shall fill the vacancy by appointment for the 28 unexpired term, PROVIDED THAT ANY APPOINTMENT MADE BY THE GOVERNOR TO 29 FILL A VACANCY PURSUANT TO THIS SUBDIVISION SHALL BE BY AND WITH THE 30 ADVICE AND CONSENT OF THE SENATE. 31 S 2. This act shall take effect immediately.