A9981-2011 Actions

• Apr 27, 2012: referred to governmental operations

A9981-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         9981
 I N  ASSEMBLY
 April 27, 2012
 
 Introduced  by  M.  of A. SMARDZ, BURLING, CERETTO, McLAUGHLIN, SAYWARD,
 FINCH, GRAF -- Multi-Sponsored by -- M. of A. CORWIN -- read once  and
 referred to the Committee on Governmental Operations
 AN  ACT  to  amend  the legislative law, in relation to legislative term
 limits and leader tenure limits; to amend the  retirement  and  social
 security  law,  in  relation  to  pension forfeiture; and to amend the
 legislative law, in relation to bills that refer to taxes
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  This act shall be known and may be cited as the "People's
 Government Reform Act".
 

S 2. The legislative law is amended by adding a  new  section  2-a  to
 read as follows:

 

S  2-A.  LEGISLATIVE TERM LIMITS. MEMBERS OF THE LEGISLATURE SHALL NOT
 SERVE MORE THAN FOUR CONSECUTIVE TWO YEAR TERMS IN EITHER THE SENATE  OR
 THE ASSEMBLY. IN NO EVENT MAY A LEGISLATOR SERVE MORE THAN EIGHT CONSEC
 UTIVE YEARS IN EITHER THE SENATE OR ASSEMBLY.
 

S  3.  The  legislative  law is amended by adding a new section 5-b to
 read as follows:

 

S 5-B. LIMITATION ON TENURE OF LEGISLATORS TO SERVE AS  A  LEGISLATIVE
 LEADER.  1.  NO  MEMBER  OF THE LEGISLATURE MAY BE ELECTED TO SERVE MORE
 THAN SIX YEARS AS THE TEMPORARY PRESIDENT OF THE SENATE, MINORITY LEADER
 OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER OF THE  ASSEMBLY
 OR THE CHAIRPERSON OF ANY SENATE OR ASSEMBLY COMMITTEE.
 2.  ANY  MEMBER HAVING SERVED AS THE SPEAKER OF THE ASSEMBLY SHALL NOT
 BE ELECTED TO SERVE AS THE  MAJORITY  LEADER  IN  THE  YEAR  IMMEDIATELY
 FOLLOWING SUCH MEMBER'S TENURE AS SPEAKER OF THE ASSEMBLY.
 

S  4.  The  opening  paragraph  of  paragraph  (a) of subdivision 6 of
 section 156 of the retirement and  social  security  law,  as  added  by
 section  1  of  part C of chapter 399 of the laws of 2011, is amended to
 read as follows:

 "Public official" shall mean any  of  the  following  individuals  who
 [were  not] ARE members of any retirement system [prior to the effective
 date of the chapter of the laws of two thousand eleven which added  this
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15202-02-2
 
       A. 9981                             2
 article but who have become members of a covered retirement system on or
 after  the  effective  date  of  the chapter of the laws of two thousand
 eleven which added this article]:

 

S 5. Subdivision 1 of section 157 of the retirement and social securi
 ty  law,  as  added by section 1 of part C of chapter 399 of the laws of
 2011, is amended to read as follows:

 1. Notwithstanding any other law to the contrary, it shall be  a  term
 and condition of membership for every public official who [becomes] IS a
 member  of  any retirement system [on or after the effective date of the
 chapter of the laws of two thousand eleven which  added  this  article],
 that  such  public official's rights to a pension in a retirement system
 that accrue in such retirement system after his or her date  of  initial
 membership  in  the retirement system shall be subject to the provisions
 of this article.
 

S 6. The legislative law is amended by adding a new  section  54-c  to
 read as follows:

 

S  54-C.  BILLS  THAT REFER TO TAXES. NO BILL SHALL BE INTRODUCED THAT
 REFERS TO A TAX BY ANY WORD OR WORDS OTHER THAN "TAX". AS USED  IN  THIS
 SECTION,  "TAX"  MEANS  ANY  LEVY, CHARGE, FEE, TOLL, OR EXACTION OF ANY
 KIND IMPOSED BY THE STATE, EXCEPT THE FOLLOWING:

 1. A CHARGE IMPOSED FOR A  SPECIFIC  BENEFIT  CONFERRED  OR  PRIVILEGE
 GRANTED DIRECTLY TO THE PAYOR THAT IS NOT PROVIDED TO THOSE NOT CHARGED,
 AND  WHICH  DOES NOT EXCEED THE REASONABLE COSTS TO THE STATE OF CONFER
 RING THE BENEFIT OR GRANTING THE PRIVILEGE TO THE PAYOR.
 2. A CHARGE IMPOSED FOR  A  SPECIFIC  GOVERNMENT  SERVICE  OR  PRODUCT
 PROVIDED  DIRECTLY  TO  THE  PAYOR  THAT  IS  NOT  PROVIDED TO THOSE NOT
 CHARGED, AND WHICH DOES NOT EXCEED THE REASONABLE COSTS TO THE STATE  OF
 PROVIDING THE SERVICE OR PRODUCT TO THE PAYOR.
 3.  A  CHARGE IMPOSED FOR THE REASONABLE REGULATORY COSTS TO THE STATE
 INCIDENT TO ISSUING LICENSES  AND  PERMITS;  PERFORMING  INVESTIGATIONS,
 INSPECTIONS, AND AUDITS; AND ENFORCING ORDERS AND FOR THE ADMINISTRATIVE
 ENFORCEMENT AND ADJUDICATION THEREOF.
 4.  A CHARGE IMPOSED FOR ENTRANCE TO OR USE OF THE STATE'S PROPERTY OR
 THE PURCHASE, RENTAL, OR LEASE OF THE STATE'S PROPERTY.
 5. A FINE, PENALTY, OR OTHER MONETARY CHARGE IMPOSED BY  THE  JUDICIAL
 BRANCH OF GOVERNMENT OR THE STATE, AS A RESULT OF A VIOLATION OF LAW.
 

S 7. This act shall take effect immediately.

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