senate Bill S3298

Imposes term limits of four consecutive terms or sixteen years for members of the legislature

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Feb / 2011
    • REFERRED TO JUDICIARY
  • 18 / Feb / 2011
    • TO ATTORNEY-GENERAL FOR OPINION
  • 27 / Apr / 2011
    • OPINION REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 09 / Jan / 2012
    • TO ATTORNEY-GENERAL FOR OPINION
  • 08 / Feb / 2012
    • OPINION REFERRED TO JUDICIARY

Summary

Imposes term limits of four consecutive terms or sixteen years for members of the legislature.

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Bill Details

Versions:
S3298
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 ยง2, Constn

Sponsor Memo

BILL NUMBER:S3298

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 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:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

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 the constitution, be published for 3 months previous to the
time of such election.

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

                                  3298

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

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 FOURTEEN 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.
                                                           LBD89105-01-1

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