S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2975
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 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.
              

                                                            LBD01769-01-7

 A. 2975                             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.
   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.