STATE OF NEW YORK
________________________________________________________________________
1611
2019-2020 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 2 of section 94 of the executive law, as
2 amended by section 6 of part A of chapter 399 of the laws of 2011, is
3 amended to read as follows:
4 2. The members of the commission shall be appointed as follows: three
5 members shall be appointed by the temporary president of the senate,
6 three members shall be appointed by the speaker of the assembly, one
7 member shall be appointed by the minority leader of the senate, one
8 member shall be appointed by the minority leader of the assembly, and
9 six members shall be appointed by the governor and the lieutenant gover-
10 nor. In the event that a vacancy arises with respect to a member of the
11 commission first appointed pursuant to the chapter of the laws of two
12 thousand eleven which amended this subdivision by a legislative leader,
13 the legislative leaders of the same political party in the same house
14 shall appoint a member to fill such vacancy irrespective of whether that
15 legislative leader's political party is in the majority or minority. Of
16 the members appointed by the governor and the lieutenant governor, at
17 least three members shall be and shall have been for at least three
18 years enrolled members of the major political party in which the gover-
19 nor is not enrolled. In the event of a vacancy in a position previously
20 appointed by the governor and lieutenant governor, the governor and
21 lieutenant governor shall appoint a member of the same political party
22 as the member that vacated that position. Prior to making their respec-
23 tive appointments, the governor and the lieutenant governor and the
24 legislative leaders shall solicit and receive recommendations for
25 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
1 New York, which recommendations shall be fully and properly considered
2 but shall not be binding.
3 No individual shall be eligible for appointment as a member of the
4 commission who currently or within the last [three] ten years:
5 (i) is or has been registered as a lobbyist in New York state;
6 (ii) is or has been a member of the New York state legislature, is or
7 [a statewide] has been an elected official of any capacity or a commis-
8 sioner of an executive agency appointed by the governor; or
9 (iii) is or has been a political party chairman, as defined in para-
10 graph (k) of subdivision one of section seventy-three of [this article]
11 the public officers law.
12 No individual shall be eligible for appointment as a member of the
13 commission who currently or within the last [year] ten years is or has
14 been a state officer or employee or legislative employee as defined in
15 section seventy-three of the public officers law.
16 § 2. This act shall take effect immediately.