S324-2013 Actions

• Apr 5, 2013: PRINT NUMBER 324A
• Apr 5, 2013: AMEND AND RECOMMIT TO JUDICIARY
• Feb 6, 2013: OPINION REFERRED TO JUDICIARY
• Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Jan 9, 2013: REFERRED TO JUDICIARY

S324-2013 Memo

BILL NUMBER:S324

TITLE OF BILL:       REVISED 12/10/12

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment
to section 2 of article 3 of the constitution, in relation to imposing
term limits for members of the legislature

PURPOSE OR GENERAL IDEA OF BILL:

Provides that commencing in 2014 and thereafter, members of the
legislature shall not serve more than four consecutive terms or 16
years, whichever is longer.

SUMMARY OF PROVISIONS:

Section 1 amends section 2 of article 3 of the constitution to impose
term limits of four consecutive terms or 16 years, whichever is
longer commencing in 2014.

JUSTIFICATION:

History has shown that legislative bodies without term limits can
easily become ineffectual, and at worst dysfunctional, due to the
lack of new ideas and entrenchment of senior legislators who become
concerned with maintaining their positions rather than doing the
public's business.

Unfortunately, the proposition that an election is the "ultimate" form
of term limits fails due simply to the extreme power of the
incumbency. Opponents of term limits argue that imposition of such
laws takes away the power of citizens to choose their leaders. Yet
such arguments fail to acknowledge the nature of the electoral
process in the lack of true choice that is provided to voters.
Millions of dollars are spent by political parties and 3rd party
special interest in promoting their candidates of choice, especially
those incumbents that have remained in office and are a known
commodity to their affiliated parties and constituencies.
Furthermore, it is extremely difficult for unknown new candidates,
who may be full of fresh ideas, to get their voices heard when they
are challenging an extremely well financed incumbent whose name
recognition alone would be sufficient to win an election.

Therefore, reasonable term limits are necessary to strike a balance in
the democratic process of free and fair elections where voters are
able to honestly consider new candidates who can bring fresh ideas,
as well as those elected officials who have served them well and have
had sufficient time in office to offer their best public service to
their state. 16 years is a sufficient time to provide turn over and
yet maintain institutional memory.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.3298


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This amendment would take effect after approval of the voters by
referendum.

S324-2013 Text

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

                                     324

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
    printed to be committed to the Committee on Judiciary

              CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

  proposing an amendment to section 2 of article 3 of the constitution, in
    relation to imposing term limits for members of the legislature

    Section 1. Resolved (if the Assembly concur), That section 2 of  arti-
  cle 3 of the constitution be amended to read as follows:

    S  2. The senate shall consist of fifty members, except as hereinafter
  provided. The senators elected in the year one  thousand  eight  hundred
  and  ninety-five  shall  hold  their  offices for three years, and their
  successors shall be chosen for two years. The assembly shall consist  of
  one  hundred and fifty members. The assembly members elected in the year
  one thousand nine hundred and thirty-eight, and their successors,  shall
  be chosen for two years.
    NO  PERSON ELECTED TO OFFICE IN TWO THOUSAND SIXTEEN AND IN SUBSEQUENT
  YEARS SHALL SERVE AS A MEMBER OF THE  LEGISLATURE  FOR  MORE  THAN  FOUR
  CONSECUTIVE  TERMS  OR  FOR  SIXTEEN YEARS, WHICHEVER IS LONGER, WHETHER
  SUCH SERVICE IS AS A SENATOR, ASSEMBLY MEMBER, OR CONSECUTIVE TERMS AS A
  SENATOR AND AN ASSEMBLY MEMBER; PROVIDED THAT ANY PARTIAL TERM OF OFFICE
  HELD AS A MEMBER OF THE LEGISLATURE PRIOR TO THE ELECTION TO  A  CONSEC-
  UTIVE  FULL  TERM  SHALL  NOT  BE  USED TO CALCULATE ANY TERM LIMITATION
  IMPOSED PURSUANT TO THIS PARAGRAPH.
    S 2. Resolved (if the Assembly concur), That  the  provisions  of  the
  foregoing  amendments  shall  apply  only  to terms of office commencing
  after such amendments shall have been adopted pursuant to section  1  of
  article 19 of the constitution.
    S  3. Resolved (if the Assembly concur), That the foregoing amendments
  be referred to the first regular legislative session convening after the
  next succeeding general election of the members of the assembly, and, in
  conformity with  section  1  of  article  19  of  the  constitution,  be
  published for three months previous to the time of such election.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89041-01-3