Bill S4804A-2013

Relates to increasing the length of the term of senate members and imposing term limits on all members of the legislature

Relates to increasing the length of the term of senate members to four years and imposing term limits on all members of the legislature of sixteen years.

Details

Actions

  • Feb 11, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jun 18, 2013: OPINION REFERRED TO JUDICIARY
  • Jun 4, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • May 14, 2013: PRINT NUMBER 4804A
  • May 14, 2013: AMEND AND RECOMMIT TO JUDICIARY
  • Apr 24, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S4804A

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 senate and limiting the terms of office of members of the legislature

PURPOSE:

To ensure that the legislature acts on the authority of the people rather than for the accumulation of power and to encourage public officials to serve the common good rather than their own self interest.

SUMMARY OF PROVISIONS:

The bill changes the terms of State Senators and members of the Assembly as of 2016. A term of a State Senator would increase from two to four years. The bill sets forth that no members of the legislature shall serve for more than 16 years in either house of the legislature or combined service in both houses, except if the member is serving out a term for which they were elected that began before the 16th year of service.

EXISTING LAW:

Under the State Constitution, members of the Senate and Assembly may serve an unlimited number of two-year terms.

JUSTIFICATION:

The work of the legislature is to represent the people. It is in the interest of the people that we limit the length of service to prevent public officials from accumulating too much power. Over the last several years, many entrenched members of the executive and legislative branches have been convicted of corruption related crimes. As of 2013, 46 members of the Assembly or 31% of the body have served for more than 12 years. In the Senate, 20 members or 32% of the body have served for more than 12 years. This bill will encourage public officials to be people of authority rather than people of power and ensure public service for the State of New York.

LEGISLATIVE HISTORY:

Fifteen states in the nation currently have some form of legislative term limits. Two thirds of the states that have legislative term limits have higher rankings for integrity than New York. For example, California limits the number of terms the legislature may serve. According to the State Integrity investigation, California currently has the 4th highest Integrity Score in the nation while New York ranks 37th.

FISCAL IMPLICATIONS:

None

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately following the 2016 elections.


Text

STATE OF NEW YORK ________________________________________________________________________ 4804--A 2013-2014 Regular Sessions IN SENATE April 24, 2013 ___________
Introduced by Sen. GIPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 senate and limiting the terms of office of 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] ELECTED for TERMS OF two years; PROVIDED THAT SENATORS ELECTED IN THE YEAR TWO THOUSAND SIXTEEN 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 for two years. NO MEMBER OF THE LEGISLATURE SHALL SERVE IN OFFICE IN EITHER HOUSE FOR MORE THAN A TOTAL OF SIXTEEN YEARS, WHICH SHALL INCLUDE TERMS SERVED IN EITHER OR BOTH HOUSES; PROVIDED THAT A MEMBER MAY COMPLETE A TERM OF OFFICE TO WHICH THEY WERE ELECTED PRIOR TO THE COMMENCEMENT OF THEIR SIXTEENTH YEAR OF SERVICE. 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 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89120-03-3

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