S4250-2011 Actions

• Feb 1, 2012: PRINT NUMBER 4250A
• Feb 1, 2012: AMEND AND RECOMMIT TO JUDICIARY
• Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
• Jan 4, 2012: REFERRED TO JUDICIARY
• Jun 22, 2011: OPINION REFERRED TO JUDICIARY
• Mar 31, 2011: TO ATTORNEY-GENERAL FOR OPINION
• Mar 25, 2011: REFERRED TO JUDICIARY

S4250-2011 Memo

BILL NUMBER:S4250

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment
to section 2 of article 3 of the constitution, in relation to increasing
the terms of office of members of the legislature to four years and
limiting the terms of office as a member of the legislature any person
may serve; proposing an amendment to section 1 of article 4 of the
constitution, in relation to limiting the terms of office as governor or
lieutenant governor any person may serve; and proposing an amendment
to section 1 of article 5 of the constitution, in relation to limiting
the terms of office as comptroller or attorney-general any person may
serve

PURPOSE:
This legislation aims to expand and limit legislative terms
in an attempt to reform state government. The 12 consecutive years
provided by this amendment would allow elected officials to accrue
seniority without remaining so long as to constrict the influx of new
people and ideas into New York State Government.

SUMMARY OF PROVISIONS:
This legislation would amend section 2 of
article 3 of the constitution in relation to increasing the terms of
office of members of the legislature to four years and limiting the
terms of office as a member of the legislature any person may serve;
proposing an amendment to section 1 of article 4 of the constitution,
in relation to limiting the terms of office as governor or lieutenant
governor any person may serve; and proposing an amendment to section
1 of article 5 of the constitution, in relation to limiting the terms
of office as comptroller or attorney general any person may serve.

JUSTIFICATION:
The people of New York State have continually called
for reform of state government, and the expansion and limitation of
terms would be an effective manner by which to bring about the
desired changes. The two-year legislative terms for which the
Constitution presently provides are not efficient, as members must
constantly campaign. A four-year legislative term would allow
lawmakers to concentrate more fully on that which they are elected to
do instead of focusing on campaigning for reelection every two years.
The three consecutive term limit for statewide positions would force
a turnover of fresh ideas and officials within New York State
Government. The rationale behind limiting the amount of terms to
three is that twelve years is sufficient time to advocate for that
legislation which is of particular importance to each elected
official before allowing another individual twelve years to pursue
his or her political agenda, as best to serve the constituents of
each district. This constant churning of the legislature would allow
the issues and voices of more New Yorkers to be heard{ as well as
trigger a sense of urgency to enact important policy concerns into law.

PRIOR LEGISLATIVE HISTORY:
S.21 (Same as A.4145) (2010) - Held in Judiciary


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
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 members of the
assembly, and, in conformity with section 1 of article 19 of
of the constitution, be published for 3 months previous to
the time of such election.

S4250-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4250
 2011-2012 Regular Sessions
 I N  SENATE
 March 25, 2011
 
 Introduced by Sens. ADAMS, GRIFFO -- 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 increasing the terms of office of members of the legisla
 ture to four years and limiting the terms of office as a member of the
 legislature any person may serve; proposing an amendment to section  1
 of article 4 of the constitution, in relation to limiting the terms of
 office  as  governor  or lieutenant governor any person may serve; and
 proposing an amendment to section 1 of article 5 of the  constitution,
 in  relation  to limiting the terms of office as comptroller or attor
 ney-general any person may serve
 

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] ELECTED for TERMS OF two years;  PROVIDED,
 THAT  SENATORS ELECTED IN THE YEAR TWO THOUSAND TWELVE AND IN SUBSEQUENT
 YEARS SHALL HOLD THEIR OFFICES FOR  FOUR  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] ELECTED for TERMS OF two years; PROVIDED,
 THAT  ASSEMBLY  MEMBERS  ELECTED  IN THE YEAR TWO THOUSAND TWELVE AND IN
 SUBSEQUENT YEARS SHALL HOLD THEIR OFFICES FOR FOUR YEARS.
 NO PERSON SHALL SERVE AS A MEMBER OF THE  LEGISLATURE  FOR  MORE  THAN
 THREE CONSECUTIVE FOUR YEAR TERMS, 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 CONSECUTIVE FOUR YEAR TERM  SHALL
 NOT  BE  USED  TO CALCULATE ANY TERM LIMITATION IMPOSED PURSUANT TO THIS
 PARAGRAPH.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89050-01-1
 
       S. 4250                             2
 

S 2. RESOLVED (if the Assembly concur), That section 1 of article 4 of
 the constitution be amended to read as follows:

 

Section  1.  The  executive power shall be vested in the governor, who
 shall hold office for  four  years;  the  lieutenant-governor  shall  be
 chosen  at  the same time, and for the same term. The governor and lieu
 tenant-governor shall be chosen at the general election held in the year
 nineteen hundred thirty-eight, and each fourth year  thereafter.    They
 shall  be  chosen jointly, by the casting by each voter of a single vote
 applicable to both offices, and the legislature by law shall provide for
 making such choice in such manner. The  respective  persons  having  the
 highest  number of votes cast jointly for them for governor and lieuten
 ant-governor respectively shall be elected.   NO PERSON SHALL  HOLD  THE
 OFFICE  OF  GOVERNOR  OR LIEUTENANT-GOVERNOR FOR MORE THAN THREE CONSEC
 UTIVE FOUR YEAR TERMS; PROVIDED THAT ANY PARTIAL TERM OF  OFFICE  SERVED
 IN  EITHER  SUCH OFFICE PRIOR TO THE ELECTION TO A CONSECUTIVE FOUR YEAR
 TERM SHALL NOT BE USED TO CALCULATE ANY TERM LIMITATION IMPOSED PURSUANT
 TO THIS SECTION.
 

S 3. RESOLVED (if the Assembly concur), That section 1 of article 5 of
 the constitution be amended to read as follows:

 

Section 1. The comptroller and attorney-general shall be chosen at the
 same general election as the governor and hold office for the same term,
 and shall possess the qualifications provided in section  2  of  article
 IV.  NO  PERSON SHALL HOLD THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL
 FOR MORE THAN THREE CONSECUTIVE  FOUR  YEAR  TERMS;  PROVIDED  THAT  ANY
 PARTIAL  TERM  OF  OFFICE  SERVED  IN  EITHER  SUCH  OFFICE PRIOR TO THE
 ELECTION TO A CONSECUTIVE FOUR YEAR TERM SHALL NOT BE USED TO  CALCULATE
 ANY  TERM  LIMITATION  IMPOSED PURSUANT TO THIS SECTION. The legislature
 shall provide for filling vacancies in the office of comptroller and  of
 attorney-general.  No  election  of a comptroller or an attorney-general
 shall be had except at the time of electing a governor.  The comptroller
 shall be required: (1) to audit all  vouchers  before  payment  and  all
 official accounts; (2) to audit the accrual and collection of all reven
 ues and receipts; and (3) to prescribe such methods of accounting as are
 necessary  for  the  performance of the foregoing duties. The payment of
 any money of the state, or of any money under its control, or the refund
 of any money paid to the state, except upon audit  by  the  comptroller,
 shall  be void, and may be restrained upon the suit of any taxpayer with
 the consent of the supreme court in appellate division on notice to  the
 attorney-general.  In  such  respect  the  legislature  shall define the
 powers and duties and may also assign to him or her: (1) supervision  of
 the  accounts  of any political subdivision of the state; and (2) powers
 and duties pertaining to or connected with the assessment  and  taxation
 of  real  estate,  including  determination of ratios which the assessed
 valuation of taxable real property bears to the full valuation  thereof,
 but not including any of those powers and duties reserved to officers of
 a  county,  city, town or village [by virtue of sections seven and eight
 of article nine of this constitution]. The legislature shall  assign  to
 him or her no administrative duties, excepting such as may be incidental
 to  the  performance  of  these  functions,  any other provision of this
 constitution to the contrary notwithstanding.
 

S 4. RESOLVED (if the Assembly concur), That  the  provisions  of  the
 foregoing  amendments  shall  apply  only to terms of offices commencing
 after such amendments shall have been adopted pursuant to section  1  of
 article 19 of the constitution.
 

S  5. RESOLVED (if the Assembly concur), That the foregoing amendments
 be referred to the first regular legislative session convening after the
 
       S. 4250                             3
 next succeeding general election of members of  the  assembly,  and,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published three months previous to the time of such election.

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