senate Bill S4804

Amended

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

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Sponsor

Bill Status


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

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

Summary

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.

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Bill Details

Versions:
S4804
S4804A
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Amd Art 3 ยง2, Constn

Sponsor Memo

BILL NUMBER:S4804

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 term limits for
State Senators of no more than three consecutive four-year terms. The
bill sets term limits for Assembly members of no more than six
consecutive two-year terms.

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. This bill mirrors the current
legislative term limits of California which limits Senators to serving
three consecutive four-year terms and Assembly members to serving six
consecutive two-year terms. According to the State Integrity
Investigation, California currently has the 4th highest Integrity
Score in the nation while New York ranks 37th. Two thirds of the
states that have legislative term limits have higher rankings for
integrity than New York.

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately following the 2016 elections.

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

                                  4804

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- 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  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 PERSON SHALL SERVE AS SENATOR FOR MORE THAN THREE CONSECUTIVE TERMS
OR TWELVE YEARS WHICHEVER IS LONGER.
  NO  PERSON SHALL SERVE AS AN ASSEMBLY MEMBER FOR MORE THAN SIX CONSEC-
UTIVE TERMS OR TWELVE YEARS WHICHEVER IS LONGER.
  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.
                                                           LBD89120-02-3

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