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

                                  6867

                            I N  S E N A T E

                             March 21, 2014
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

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.
                                                           LBD14060-04-4
              

S. 6867                             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.