STATE OF NEW YORK
________________________________________________________________________
6574
2019-2020 Regular Sessions
IN ASSEMBLY
March 12, 2019
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to membership in 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 § 4. The public service commission. 1. There shall be in the depart-
4 ment of public service a public service commission, which shall possess
5 the powers and duties hereinafter specified, and also all powers neces-
6 sary or proper to enable it to carry out the purposes of this chapter.
7 The commission shall consist of [five] seven members, to be appointed by
8 the governor, by and with the advice and consent of the senate. Two
9 members of the commission shall be selected from a not-for-profit organ-
10 ization with a mission of consumer protection and/or social justice or
11 having a background in consumer protection and/or social justice. One
12 member of the seven member commission shall be a resident of a nonat-
13 tainment area. A commissioner shall be designated as chairman of the
14 commission by the governor to serve in such capacity at the pleasure of
15 the governor or until his or her term as commissioner expires whichever
16 first occurs. No more than [three] five commissioners may be members of
17 the same political party [unless, pursuant to action taken under subdi-
18 vision two, the number of commissioners shall exceed five, and in such
19 event no more than four commissioners may be members of the same poli-
20 tical party].
21 2. [Notwithstanding subdivision one, whenever the commission shall
22 certify to the governor that additional commissioners are needed for the
23 proper disposition of the business before it, the governor may increase
24 the membership of the commission to seven members by appointing two
25 additional commissioners by and with the advice and consent of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10471-01-9
A. 6574 2
1 senate. The terms of office of such additional commissioners and the
2 filling of vacancies during such terms shall be governed by subdivision
3 three, except that upon the expiration of the terms of such additional
4 commissioners, no further appointments or reappointments shall be made
5 to such additional offices, unless the commission shall first certify to
6 the governor that the need for additional commissioners continues to
7 exist.
8 3.] The term of office of a commissioner shall be six years from the
9 first day of February of the calendar year in which he or she shall be
10 appointed and commissioners shall serve on a full-time basis. Upon a
11 vacancy [occuring] occurring otherwise than by expiration of term in the
12 office of any commissioner, the governor, by and with the advice and
13 consent of the senate, shall fill the vacancy by appointment for the
14 unexpired term.
15 § 2. This act shall take effect immediately.